S. 2182

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To authorize appropriations for fiscal year 1995 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the

Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Authorization

Act for Fiscal Year 1995’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into three divisions as

follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security

Authorizations and Other Authorizations.

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

is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for Army programs.

Sec. 112. Transfer to Marine Corps of M1A1 tanks replaced by M1A2 upgrades.

Sec. 113. Transfer of M1A1 tanks to the Marine Corps.

Sec. 114. Exception to mandatory retirement of OV–1 aircraft for aircraft deployed

in Korea.

Sec. 115. Small arms industrial base.

Sec. 116. Bunker defeat munition acquisition program.

Sec. 117. Procurement of helicopters.

Subtitle C—Navy Programs

Sec. 121. Nuclear aircraft carrier program.

Sec. 122. Seawolf submarine program.
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Sec. 123. Guidance sets for Trident II missiles.

Sec. 124. Prohibition on Trident II backfit.

Sec. 125. Inclusion of conversion of vessels in fast sealift program. Sec. 126. Limitation on procurement of TAGS vessels. Sec. 127. Naval amphibious ready groups.

Subtitle D—Air Force Programs

Sec. 131. Intertheater airlift programs. Sec. 132. Settlement of claims under the C–17 aircraft program. Sec. 133. Heavy bomber force requirements. Sec. 134. Limitation on retirement of bomber aircraft.

Sec. 135. Evaluation of restart of C–5B aircraft procurement.

Subtitle E—Other Matters

Sec. 141. Sales authority of working-capital funded Army industrial facilities. Sec. 142. Identification in budget of funds for chemical demilitarization program

military construction projects. Sec. 143. Transportation of chemical munitions.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations. Sec. 202. Amount for basic research and exploratory development. Sec. 203. Strategic environmental research and development program. Sec. 204. Molecular design material science.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization. Sec. 212. Standoff air-to-surface munitions technology demonstration. Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced Chemical

Laser against an object in space. Sec. 214. Applicability of certain electronic combat systems testing requirements. Sec. 215. Advanced Self Protection Jammer (ASPJ) program. Sec. 216. Advanced Lithography Program. Sec. 217. Federally funded research and development centers. Sec. 218. Digital Battlefield program. Sec. 219. Dual-use electric and hybrid vehicles. Sec. 220. Tactical antisatellite technologies program. Sec. 221. Limitation on dismantlement of intercontinental ballistic missiles.

Sec. 222. Limitation on obligation of funds for seismic monitoring research. Sec. 223. Superconducting magnetic energy storage project. Sec. 224. Military satellite communications.

Subtitle C—Missile Defense Programs

Sec. 231. Compliance of ballistic missile defense systems and components with

ABM treaty. Sec. 232. Modifications to Anti-Ballistic Missile Treaty to be entered into only

through treaty making power. Sec. 233. Revisions to the Missile Defense Act of 1991.

Sec. 234. Limitation on flight tests of certain missiles. Sec. 235. Program elements for Ballistic Missile Defense Organization.

Subtitle D—Women’s Health Research

Sec. 241. Defense Women’s Health Research Program.

Subtitle E—Other Matters

Sec. 251. Requirement for submission of annual report of the Semiconductor Technology Council to Congress. Sec. 252. Report on oceanographic survey and research requirements to support littoral warfare.

Sec. 253. LANSCE/LAMPF upgrades. Sec. 254. Study regarding live-fire survivability testing of F–22 aircraft. Sec. 255. University Research Initiative Support Program. Sec. 256. Manufacturing Science and Technology Program. Sec. 257. Defense experimental program to stimulate competitive research. Sec. 258. Study on convergence of Geosat and EOS altimetry programs.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
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Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Sec. 305. Support for the 1996 Summer Olympics.

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

Subtitle B—Defense Business Operations Fund

Sec. 311. Oversight of Defense Business Operations Fund.

Sec. 312. Review by Comptroller General of charges imposed by Defense Business

Operations Fund.

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

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

Subtitle C—Environmental Provisions

Sec. 321. Limitation on use of environmental restoration funds for payment of fines

and penalties.

Sec. 322. Participation of Indian tribes in agreements for defense environmental

restoration.

Sec. 323. Extension of authority to issue surety bonds for certain environmental

programs.

Sec. 324. Payment of certain stipulated civil penalties.

Sec. 325. Additional exception to prohibition on storage and disposal of nondefense

toxic and hazardous materials at military installations.

Sec. 326. Assistance for public participation in defense environmental restoration

activities.

Sec. 327. Pilot program to develop and demonstrate environmental remediation

technologies.

Sec. 328. Environmental education and training program for defense personnel.

Sec. 329. Study of establishment of land management and training center.

Subtitle D—Depot-Level Activities

Sec. 331. Findings.

Sec. 332. Modification of limitation on performance of depot-level maintenance.

Sec. 333. Report on performance of depot-level maintenance and repair of new

weapon systems.

Sec. 334. Review of cost growth in contracts to perform depot-level maintenance

and repair.

Sec. 335. Authority for depot-level activities of the Department of Defense to compete for maintenance and repair workloads of other Federal agencies.

Sec. 336. Authority of depots to provide services outside the Department of Defense.

Sec. 337. Reutilization initiative for depot-level activities.

Sec. 338. Change of source for performance of depot-level workloads.

Sec. 339. Sale of articles and services of industrial facilities of the Armed Forces

to persons outside the Department of Defense.

Subtitle E—Civilian Employees

Sec. 341. Extension of certain transition assistance authorities.

Sec. 342. Extension and expansion of authority to conduct personnel demonstration

projects.

Sec. 343. Limitation on payment of severance pay to certain employees transferring

to employment positions in nonappropriated fund instrumentalities.

Sec. 344. Retirement credit for certain service in nonappropriated fund instrumentalities before January 1, 1987.

Sec. 345. Travel, transportation, and relocation expenses of employees transferring

to the United States Postal Service.

Sec. 346. Foreign employees covered by the Foreign National Employees Separation

Pay Account.

Sec. 347. Report on conversion of certain positions to performance by Department

of Defense employees.

Sec. 348. Non-Federal employment incentive pilot program.

Sec. 349. Uniform health benefits program for employees of the Department of Defense assigned to nonappropriated fund instrumentalities.

Subtitle F—Department of Defense Domestic and Overseas Dependents’

Schools

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

Sec. 352. Report on calculation and recovery of tuition costs of certain students enrolled in schools of the defense dependents’ education system.
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Sec. 353. Authority to accept gifts for Department of Defense domestic elementary

and secondary schools. Sec. 354. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Subtitle G—Reviews, Studies, and Reports

Sec. 361. Reports on transfers of certain operation and maintenance funds. Sec. 362. Review and report on use of operation and maintenance funds by the Department of Defense. Sec. 363. Cost comparison studies for contracts for advisory and assistance services. Sec. 364. Review by Defense Inspector General of cost growth in certain contracts.

Subtitle H—Other Matters

Sec. 371. Armed Forces Retirement Home.

Sec. 372. Limitation on use of appropriated funds for operation of Armed Forces

Recreation Center, Europe. Sec. 373. Limitation on retention of morale, welfare, and recreation funds by military installations. Sec. 374. Ships’ stores. Sec. 375. Operation of military exchange and commissary store at Naval Air Station Fort Worth, Joint Reserve Center, Carswell Field.

Sec. 376. Disposition of proceeds from operation of the Naval Academy laundry. Sec. 377. Authority to issue military identification cards to so-called honorary retirees of the Naval and Marine Corps Reserves. Sec. 378. Repeal of annual limitation on expenditures for emergency and extraordinary expenses of the Department of Defense Inspector General. Sec. 379. Transfer of certain excess Department of Defense property to educational

institutions and training schools. Sec. 380. Operation of overseas facilities of the Department of Defense by United

States firms.

Sec. 381. Requirements for automated information systems of the the Department

of Defense.

Sec. 382. Program to commemorate World War II. Sec. 383. Assistance to Red Cross for emergency communications services for members of the Armed Forces and their families.

Sec. 384. Clarification of authority to provide medical transportation under National Guard pilot program. Sec. 385. National Guard assistance for certain youth and charitable organizations. Sec. 386. One-year extension of certain programs. Sec. 387. Procurement of portable ventilators for the Defense Medical Facility Office, Fort Detrick, Maryland.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces. Sec. 402. Temporary variation of end strength limitations for Army majors and

lieutenant colonels.

Sec. 403. Extension of temporary variation of end strength limitations for Marine

Corps majors and lieutenant colonels. Sec. 404. Increase in authorized strength for Marine Corps general officers on active duty after fiscal year 1995. Sec. 405. Management of senior general and flag officer positions. Sec. 406. Temporary exclusion of Superintendent of Naval Academy from counting

toward number of senior admirals authorized to be on active duty.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. Delay in increase in number of active component members to be assigned

for training compatibility with guard units.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Consistency of warrant officer personnel management policies with policies applicable to other officers.
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Sec. 502. Authority for original regular appointments of Navy and Marine Corps

limited duty officers serving in grades above pay grade O–3 under temporary appointments.

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

Sec. 504. Selection for designated judge advocate general and flag officer positions.

Subtitle B—Reserve Component Matters

Sec. 511. Increased period of active duty for reserve forces mobilized other than

during war or national emergency.

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

Sec. 513. Review of opportunities for ordering individual reserves to active duty

with their consent.

Sec. 514. Definition of active Guard and Reserve duty.

Sec. 515. Repeal of obsolete provisions pertaining to transfer of retired regular enlisted members to reserve components.

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

Sec. 517. Early Reserve retirement eligibility for disabled members of Selected Reserve.

Sec. 518. Annual payments for members retired under Guard and Reserve transition initiative.

Sec. 519. Educational requirements for appointment in reserve components in

grades above first lieutenant or lieutenant (junior grade).

Sec. 520. Limited exception for Alaska scout officers from baccalaureate degree requirement for appointment as officer in National Guard above first lieutenant.

Sec. 521. Sense of Congress concerning the training and modernization of the reserve components.

Subtitle C—Victims’ Rights, Family Advocacy, and Nondiscrimination

Provisions

Sec. 531. Prohibition of retaliatory actions against members of the Armed Forces

making allegations of sexual harassment or unlawful discrimination.

Sec. 532. Department of Defense policies and procedures on discrimination and sexual harassment.

Sec. 533. Annual report on personnel readiness factors by race and gender.

Sec. 534. Victims’ advocates programs in Department of Defense.

Sec. 535. Transitional compensation and other benefits for dependents of members

separated for dependent abuse.

Sec. 536. Study of spousal abuse involving Armed Forces personnel.

Subtitle D—Matters Relating to the Coast Guard

Sec. 541. Extension of Warrant Officer Management Act provisions to Coast Guard.

Sec. 542. Coast Guard force reduction transition benefits.

Sec. 543. Expansion of personnel adjustment, education, and training programs to

include Coast Guard.

Subtitle E—Other Matters

Sec. 551. Repeal of required reduction in recruiting personnel.

Sec. 552. Authorized active duty strengths for Army enlisted members in pay grade

E–8.

Sec. 553. Prohibition on imposition of additional charges or fees for attendance at

certain academies.

Sec. 554. Biennial survey on the State of race and ethnic issues in the military.

Sec. 555. Review of certain discharges from the United States Military Academy

during the post-Civil War period.

Sec. 556. Administration of athletics programs at the service academies.

Sec. 557. Reimbursement for certain losses of household effects caused by hostile

action.

Sec. 558. Military recruiting on campus.

Sec. 559. Authorization for instruction of civilian students at foreign language center of the Defense Language Institute.

Sec. 560. Discharge of members who are permanently nonworldwide assignable.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

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

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

to high cost areas in the continental United States.
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Sec. 603. Increase in subsistence allowance payable to members of Senior Reserve

Officers’ Training Corps. Sec. 604. Temporary family housing or temporary housing allowances for dependents of members who die in the line of duty.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses for reserve forces.

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

officer candidates, registered nurses, and nurse anesthetists. Sec. 613. Extension of authority relating to payment of other bonuses and special

pays.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Responsibility for preparation of transportation mileage tables. Sec. 622. Payment for transient housing for members of a reserve component performing certain training duty. Sec. 623. Change in provision of transportation incident to personal emergencies

for members stationed outside the continental United States.

Sec. 624. Clarification of travel and transportation allowance of family members incident to serious illness or injury of members. Sec. 625. Applicability of additional family separation allowance to periods between

deployments less than 30 days apart.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 631. Elimination of disparity between effective dates for military and civilian

retiree cost-of-living adjustments for fiscal year 1995. Sec. 632. Sense of Congress on equal treatment of effective dates for future costof-living adjustments for military and civilian retirees. Sec. 633. Clarification of calculation of retired pay for officers who retire in a grade

lower than the grade held at retirement. Sec. 634. Waiver of administrative time-in-grade requirements to prevent pay inversions in retired pay of certain military retirees. Sec. 635. Crediting of reserve service of enlisted members for computation of retired pay. Sec. 636. Minimum required reserve service for eligibility for retired pay for

nonregular service during force drawdown period. Sec. 637. SBP premiums for reserve-component child-only coverage. Sec. 638. Discontinuation of insurable interest coverage under Survivor Benefit

Plan.

Sec. 639. Forfeiture of annuity or retired pay of members convicted of espionage

under UCMJ.

Sec. 640. Treatment of retired and retainer pay of members of cadre of Civilian

Community Corps.

Subtitle E—Other Matters

Sec. 651. Eligibility of members retired under temporary special retirement authority for Servicemen’s Group Life Insurance. Sec. 652. Transportation of remains. Sec. 653. Special supplemental food program for Department of Defense personnel

outside the United States.

Sec. 654. Study of offset of disability compensation by receipt of separation benefits

and incentives.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Revision of definition of dependents to include young people being adopted by members or former members. Sec. 702. Treatment of certain dependents as children for purposes of CHAMPUS,

dependents’ dental program, and continued health benefits coverage. Sec. 703. Availability of dependents’ dental program outside the United States. Sec. 704. Authorization for medical and dental care for abused dependents of certain members.

Sec. 705. Additional authorized health care service available through military

health care system. Sec. 706. Demonstration programs for sale of pharmaceuticals. Sec. 707. One year continuation of full CHAMPUS and dependents’ dental program

benefits for dependents of members who die while on active duty for a

period of more than 30 days.

Subtitle B—Changes to Existing Laws Regarding Health Care Management

Sec. 711. Coordination of benefits with medicare.
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Sec. 712. Authority for reimbursement of professional license fees under resource

sharing agreements.

Sec. 713. Imposition of enrollment fees for managed care plans.

Sec. 714. Strengthening managed health care authorities.

Sec. 715. Delay in deadline for use of health maintenance organization model as option for military health care.

Sec. 716. Limitation on reduction in number of reserve component medical personnel.

Sec. 717. Implementation of annual health care survey requirement.

Subtitle C—Persian Gulf Illness

Sec. 721. Programs related to Desert Storm mystery illness.

Sec. 722. Studies of health consequences of military service or employment in

Southwest Asia during the Persian Gulf War.

Subtitle D—Other Matters

Sec. 731. Chiropractic health care demonstration program.

Sec. 732. Demonstration program for admission of civilians as physician assistant

students at Academy of Health Sciences, Fort Sam Houston, Texas.

Sec. 733. Delay in closure of Army hospital at Vicenza, Italy.

Sec. 734. Oral typhoid vaccine inventory of Department of Defense.

Sec. 735. Report on expanded use of nonavailability of health care statements.

Sec. 736. Cost analysis of Tidewater TRICARE delivery of pediatric health care to

military families.

Sec. 737. Study and report on financial relief for certain medicare-eligible military

retirees who incur medicare late enrollment penalties.

Sec. 738. Sense of Congress on continuity of health care services for covered beneficiaries in areas affected by base closures.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Assistance Programs

Sec. 801. Procurement technical assistance programs.

Sec. 802. Pilot mentor-protege program.

Sec. 803. Infrastructure assistance for historically Black colleges and other minority institutions of higher education.

Sec. 804. Treatment under subcontracting plans of purchases from qualified nonprofit agencies for the blind or severely disabled.

Subtitle B—Other Matters

Sec. 811. Delegation of industrial mobilization authority.

Sec. 812. Determinations of public interest under the Buy American Act.

Sec. 813. Continuation of expiring requirement for annual report on the use of competitive procedures for awarding certain contracts to colleges and universities.

Sec. 814. Consolidation of limitations on procurement of goods other than American

goods.

Sec. 815. Environmental consequence analysis of major defense acquisition programs.

Sec. 816. Demonstration project on purchase of fire, security, police, public works,

and utility services from local government agencies.

Sec. 817. Preference for local residents.

Sec. 818. Payment of restructuring costs under defense contracts.

Sec. 819. Defense Acquisition Pilot Program designations.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.

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

Sec. 903. Change of title of Comptroller of the Department of Defense to Under

Secretary of Defense (Comptroller).

Sec. 904. National Guard Bureau charter.

Subtitle B—Professional Military Education

Sec. 911. Authority for Marine Corps University to award the degree of master of

military studies.
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Sec. 912. Board of Advisors for Marine Corps University. Sec. 913. Authority for Air University to award the degree of master of airpower

art and science.

Sec. 914. Sense of Congress on grade of heads of senior professional military education schools.

Subtitle C—Other Matters

Sec. 921. Composition of Reserve Forces Policy Board. Sec. 922. Continuation of Uniformed Services University of the Health Sciences. Sec. 923. Commission on Roles and Missions of the Armed Forces.

Sec. 924. Renaming of the United States Court of Military Appeals and the Courts

of Military Review. Sec. 925. Budget support for reserve elements of special operations command.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority. Sec. 1002. Emergency supplemental authorization of appropriations for fiscal year

1994.

Sec. 1003. Incorporation of classified annex. Sec. 1004. Date for submission of future-years mission budget. Sec. 1005. Submission of next future-years defense program as required by law. Sec. 1006. Authority for obligation of certain unauthorized fiscal year 1994 defense

appropriations.

Subtitle B—Counter-Drug Activities

Sec. 1011. Department of Defense support for counter-drug activities. Sec. 1012. Official immunity for authorized employees and agents of the United

States and foreign countries engaged in interdiction of aircraft used in

illicit drug trafficking. Sec. 1013. Report on status of defense random drug testing program.

Subtitle C—Naval Vessels and Related Matters

Sec. 1021. Transfer of USNS Maury. Sec. 1022. Transfer of obsolete vessel Guadalcanal.

Sec. 1023. Maritime prepositioning ship program enhancement.

Subtitle D—POW/MIA Matters

Sec. 1031. Assistance to family members of Korean conflict and Cold War POW/

MIAs who remain unaccounted for.

Sec. 1032. Requirement for Secretary of Defense to submit recommendations on

certain provisions of law concerning missing persons. Sec. 1033. Contact between the Department of Defense and the Ministry of National Defense of China on POW/MIA issues.

Sec. 1034. Information concerning unaccounted for United States personnel of the

Vietnam conflict.

Sec. 1035. Report on POW/MIA matters concerning North Korea. Sec. 1036. Disclosure of information concerning unaccounted for United States personnel from the Korean conflict, the Vietnam era, and the Cold War.

Subtitle E—Miscellaneous Reporting Requirements

Sec. 1041. Annual report on denial, revocation, and suspension of security clearances. Sec. 1042. Report on use of low-enriched uranium as fuel for naval nuclear reactors.

Subtitle F—Congressional Findings, Policies, Commendations, and

Commemorations

Sec. 1051. Sense of Congress concerning commendation of individuals exposed to

mustard agents during World War II testing activities. Sec. 1052. USS Indianapolis (CA–35): gallantry, sacrifice and a decisive mission to

end WW II.

Subtitle G—Other Matters

Sec. 1061. Increased authority to accept voluntary services. Sec. 1062. Civil Air Patrol.

Sec. 1063. Prohibition on the purchase of surety bonds and other guarantees for the

Department of Defense. Sec. 1064. Revision of authority for use of Navy installations to provide prerelease

employment training to nonviolent offenders in State penal systems.
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Sec. 1065. Demonstration project for use of Army installations to provide prerelease

employment training to nonviolent offenders in State penal systems. Sec. 1066. Interagency placement program for Federal employees affected by reductions in force.

Sec. 1067. National Museum of Health and Medicine.

Sec. 1068. Assignments of employees between Federal agencies and federally funded research and development centers. Sec. 1069. Review of the Bottom Up Review and the Future-Year Defense Program

and establishment of new funding requirements and priorities. Sec. 1070. Technical and clerical amendments.

Sec. 1071. Authorization to exchange certain items for transportation services. Sec. 1072. Air National Guard fighter aircraft force structure. Sec. 1073. Sense of Congress concerning visas for high-level officials of Taiwan. Sec. 1074. Defense Mapping Agency. Sec. 1075. Limitation regarding telecommunications requirements.

TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION

ASSISTANCE

Sec. 1101. Short title.

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

programs for fiscal year 1995.

Subtitle A—Defense Technology and Industrial Base, Defense

Reinvestment, and Defense Conversion

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

1995.

Sec. 1112. Support for technologies with applicability for law enforcement and military operations other than war. Sec. 1113. Federal defense laboratory diversification and Navy reinvestment in the

technology and industrial base. Sec. 1114. Loan guarantees under defense dual-use assistance extension program. Sec. 1115. Financial commitment requirements for small business concerns for participation in technology reinvestment projects. Sec. 1116. Conditions on funding of defense technology reinvestment projects. Sec. 1117. Use of certain funds pending submission of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan. Sec. 1118. Documentation for awards for cooperative agreements or other transactions under defense technology reinvestment programs. Sec. 1119. Comptroller General assessment of extent to which technology and industrial base programs attain policy objectives.

Subtitle B—Community Adjustment and Assistance Programs

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

governments from Office of Economic Adjustment. Sec. 1122. Studies and plans for market diversification. Sec. 1123. Advance community adjustment and economic diversification planning.

Subtitle C—Personnel Adjustment, Education, and Training Programs

Sec. 1131. Teacher and teacher’s aide placement programs. Sec. 1132. Assistance for eligible members to obtain employment with law enforcement agencies. Sec. 1133. Pilot program to place separated members and terminated defense employees in teaching positions as bilingual math and science teachers. Sec. 1134. Demonstration project to assist separated members and terminated defense workers to become business owners.

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

separated members and terminated defense workers. Sec. 1136. Administration and funding of defense diversification program and defense conversion adjustment program under Job Training Partnership

Act.

Sec. 1137. Assistance for certain workers dislocated due to reductions by the United States in the export of defense articles and services.

Subtitle D—Other Matters

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

and establishment of ARMS initiative loan guarantee program. Sec. 1142. Changes in notice requirements upon pending or actual termination of

defense programs. Sec. 1143. Plan for deployment of defense environmental technologies for dredging

of dual-use ports.
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TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF

FORMER SOVIET UNION

Sec. 1201. Cooperative Threat Reduction programs.

Sec. 1202. Extension of semiannual report on Cooperative Threat Reduction programs.

Sec. 1203. Report on accounting for United States assistance.

Sec. 1204. Report on control and accountability of material relating to weapons of

mass destruction.

Sec. 1205. Multiyear planning and allied support.

Sec. 1206. Funding limitations on Cooperative Threat Reduction program for fiscal

year 1995.

Sec. 1207. Report on offensive biological warfare program of the States of the

former Soviet Union.

Sec. 1208. Coordination of certain Cooperative Threat Reduction programs.

Sec. 1209. Sense of Congress concerning safe and secure dismantlement of Soviet

nuclear arsenal.

TITLE XIII—MATTERS RELATING TO ALLIES AND OTHER NATIONS

Subtitle A—Matters Relating to NATO

Sec. 1301. Cooperative research and development agreements with NATO organizations.

Sec. 1302. North Atlantic Treaty Organization.

Sec. 1303. Authorized end strength for military personnel in Europe.

Sec. 1304. Allied share of installations costs.

Sec. 1305. Payments-in-kind for release of United States overseas military facilities

to NATO host countries.

Sec. 1306. George C. Marshall European Center for Security Studies.

Sec. 1307. Sense of the Senate concerning participation in allied defense cooperation.

Subtitle B—Matters Relating to Several Countries

Sec. 1311. Limitation on obligation of funds for overseas basing activities.

Sec. 1312. Clarification and codification of overseas military end strength limitation.

Sec. 1313. Cost-sharing policy and report.

Sec. 1314. Report assessing the national security consequences of United States

military cooperation programs.

Sec. 1315. Review and report regarding Department of Defense programs relating

to regional security and host nation development in the Western

Hemisphere.

Sec. 1316. Military-to-military contacts and comparable activities.

Sec. 1317. Extension of authority to enter into certain cooperative agreement authorities to include the United Nations and regional organizations of

which the United States is a member.

Sec. 1318. Permanent authority for Department of Defense to share equitably the

costs of claims under international armaments cooperative programs.

Subtitle C—Matters Relating to Specific Countries

Sec. 1321. Defense cooperation between the United States and Israel.

Sec. 1322. Readiness of military forces of the Republic of Korea.

Sec. 1323. Military planning for the size and structure of a force required for a

major regional contingency on the Korean peninsula.

Sec. 1324. Sense of Congress concerning the North Korean nuclear weapons development program.

Sec. 1325. Report on security relationship between the United States and Japan.

TITLE XIV—PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE

ACTIVITIES

Subtitle A—Peace Operations

Sec. 1401. Reports on reforming United Nations peace operations.

Sec. 1402. Report on military readiness implications of Bosnia peacekeeping deployment.

Sec. 1403. Report on intelligence lessons learned from United States activities in

Somalia.

Sec. 1404. Bosnia and Herzegovina.

Subtitle B—Assistance Activities

Sec. 1411. Overseas Humanitarian, Disaster, and Civic Aid Programs.
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Sec. 1412. Foreign disaster assistance.

Sec. 1413. Humanitarian assistance program for clearing landmines.

TITLE XV—ARMS CONTROL MATTERS

Sec. 1501. Extension and revision of nonproliferation authorities.

Sec. 1502. Joint Committee for Review of Counterproliferation Programs of the

United States.

Sec. 1503. Reports on counterproliferation activities and programs.

Sec. 1504. Amounts for counterproliferation activities.

Sec. 1505. Studies relating to United States counterproliferation policy.

Sec. 1506. Restriction relating to submission of report on proliferation of foreign

military satellites.

Sec. 1507. Limitation on funds for studies pending receipt of previously required report.

Sec. 1508. Sense of Congress concerning indefinite extenstion of Nuclear Nonproliferation Treaty.

Sec. 1509. Negotiation of limitations on nuclear weapons testing.

TITLE XVI—RESERVE OFFICER PERSONNEL MANAGEMENT ACT

(ROPMA)

Sec. 1601. Short title; table of contents.

Sec. 1602. References to title 10, United States Code.

Subtitle A—Reserve Officer Personnel Management

PART I—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM

Sec. 1611. Promotion and retention of reserve officers.

PART II—CONFORMING AMENDMENTS

Sec. 1621. Definition of reserve active-status list.

Sec. 1622. Authority to suspend officer personnel laws during war or national

emergency.

Sec. 1623. Active-duty list promotion boards to have authority to recommend that

reserve officers considered for promotion be required to show cause for

retention on active duty.

Sec. 1624. Applicability of chapter 36 to reserve officers during war or national

emergency.

Sec. 1625. Grade in which reserve officers are ordered to active duty.

Sec. 1626. Date of rank.

Sec. 1627. Discharge before completion of required service in case of officers having

twice failed of selection for captain or navy lieutenant.

Sec. 1628. Conforming amendments relating to Navy and Marine Corps officers.

Sec. 1629. Repeal of reserve officer personnel policy laws.

Sec. 1630. Amendments to title 32, United States Code.

Subtitle B—Other Personnel Policy Amendments

PART I—APPOINTMENTS

Sec. 1631. Repeal of separate authority for accession of women in reserve components.

Sec. 1632. Appointment authority for reserve grades of lieutenant colonel and commander.

Sec. 1633. Appointment of former commissioned officers in reserve components.

Sec. 1634. Constructive credit for appointment of officers in reserve components

with qualifying education or experience.

Sec. 1635. Computation of years of service for transfer of Army officers to Retired

Reserve.

Sec. 1636. Repeal of miscellaneous obsolete appointment authorities.

PART II—RETIREMENT AND SEPARATION

Sec. 1641. Computation of highest grade in which satisfactorily served for reserve

commissioned officers and former officers.

Subtitle C—Reorganization and Consolidation of Laws Relating to Reserve

Components

Sec. 1661. Laws relating to organization and administration of reserve components.

Sec. 1662. Laws relating to reserve component personnel policy.

Sec. 1663. Laws relating to reserve component training and educational assistance

programs.

Sec. 1664. Laws relating to reserve component procurement and equipment.
S. 2182—12

Sec. 1665. Legislative construction.

Subtitle D—Technical and Clerical Amendments

Sec. 1671. Amendments to subtitle A of title 10, United States Code.

Sec. 1672. Amendments to subtitle B of title 10, United States Code.

Sec. 1673. Amendments to subtitle C of title 10, United States Code.

Sec. 1674. Amendments to subtitle D of title 10, United States Code.

Sec. 1675. Amendments to subtitle E of title 10, United States Code.

Sec. 1676. Amendments to titles 32 and 37, United States Code.

Sec. 1677. Amendments to other laws.

Subtitle E—Transition Provisions

Sec. 1681. Continuation on the reserve active-status list of certain reserve colonels

of the Army and Air Force. Sec. 1682. Effects of selection for promotion and failure of selection for Army and

Air Force officers.

Sec. 1683. Effects of selection for promotion and failure of selection for Navy and

Marine Corps officers. Sec. 1684. Delays in promotions and removals from promotion list. Sec. 1685. Minimum service qualifications for promotion. Sec. 1686. Establishment of reserve active-status list.

Sec. 1687. Preservation of relative seniority under the initial establishment of the

reserve active-status list.

Sec. 1688. Grade on transfer to the Retired Reserve.

Sec. 1689. Rights for officers with over three years service. Sec. 1690. Mandatory separation for age for certain reserve officers of the Navy and

Marine Corps.

Subtitle F—Effective Dates and General Savings Provisions

Sec. 1691. Effective dates.

Sec. 1692. Preservation of suspended status of laws suspended as of effective date. Sec. 1693. Preservation of pre-existing rights, duties, penalties, and proceedings.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations, Army. Sec. 2105. Authorization of military construction project at Fort Bragg, North Carolina, for which funds have been appropriated. Sec. 2106. Relocation of Army family housing units from Fort Hunter Liggett, California, to Fort Stewart, Georgia. Sec. 2107. Highway safety at Hawthorne Army Ammunition Plant, Nevada.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Restoration of authority to carry out military construction project at

Naval Supply Center, Pensacola, Florida. Sec. 2206. Design activities for upgrade of Mayport Naval Station, Florida. Sec. 2207. Relocation of Pascagoula Coast Guard Station, Mississippi.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Authorization of military construction projects at Tyndall Air Force

Base, Florida, for which funds have been appropriated.

Sec. 2306. Revision of authorized family housing project at Tyndall Air Force Base,

Florida.

Sec. 2307. Modification of Air Force Plant No. 3, Tulsa, Oklahoma.

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

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
S. 2182—13

Sec. 2402. Family housing.

Sec. 2403. Improvement to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

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

Charleston, South Carolina.

Sec. 2407. Planning and design for construction in support of consolidation of operations of the Defense Finance and Accounting Service.

Sec. 2408. Modification of authority to carry out fiscal year 1993 project.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Prohibition on use of funds for unauthorized Guard and Reserve

projects.

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

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

Sec. 2605. Colorado State Area Command Armory, Englewood, Colorado.

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

law.

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

Sec. 2801. Limitation on repair of existing facilities.

Sec. 2802. Clarification of requirement for notification of Congress of improvements

in family housing units.

Sec. 2803. Limited partnerships for Navy housing.

Sec. 2804. Reimbursement for services provided by the Department of Defense incident to construction, maintenance, or repair projects to real property.

Sec. 2805. Authority to pay closing costs under Homeowners Assistance Program.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Prohibition against consideration in base closure process of advance conversion planning undertaken by potential affected communities.

Sec. 2812. Consultation regarding personal property located at military installations to be closed.

Sec. 2813. Clarifying and technical amendments to base closure laws.

Sec. 2814. Government rental of facilities located on closed military installations.

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

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

certain base realignments.

Sec. 2817. Agreements of settlement for release of improvements at overseas military installations.

Subtitle C—Changes to Existing Land Conveyance Authority

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

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

Virginia.

Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons Industrial Reserve Plant, New York, as nature preserve.

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

Sec. 2825. Modification of land conveyance, Fort Knox, Kentucky.

Sec. 2826. Revisions to release of reversionary interest, Old Spanish Trail Armory,

Harris County, Texas.

Sec. 2827. Modification of height restriction in avigation easement.

Sec. 2828. Technical amendment to correct reference in land transaction.
S. 2182—14

Subtitle D—Land Conveyances

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

Sec. 2832. 59, Johnson City (Westover), New

York.

Sec. 2833. Land conveyance, Naval Weapons Industrial Reserve Plant, Calverton,

New York.

Sec. 2834. Land conveyance, Radar Bomb Scoring Site, Dickinson, North Dakota.

Sec. 2835. Land conveyance, Finley Air Force Station, Finley, North Dakota.

Sec. 2836. Land conveyance, Cornhusker Army Ammunition Plant, Hall County,

Nebraska.

Sec. 2837. Land conveyance, Hawthorne Army Ammunition Plant, Mineral County,

Nevada.

Sec. 2838. Land conveyance, Fort Dix, New Jersey.

Sec. 2839. Land conveyance, Defense Fuel Supply Point, Casco Bay, Maine.

Sec. 2840. Land conveyance, Army Reserve Facility, Rio Vista, California.

Sec. 2841. Lease of property, Naval Shipyard, Vallejo, California.

Sec. 2842. Lease of property, Naval Radio Receiving Facility, Imperial Beach, Coronado, California.

Sec. 2843. Authority for Oxnard Harbor District, Port Hueneme, California, to use

certain Navy property.

Sec. 2844. Transfer of jurisdiction, Air Force housing at Radar Bomb Scoring Site,

Holbrook, Arizona.

Sec. 2845. Transfer of jurisdiction, Holloman Air Force Base, New Mexico.

Sec. 2846. Transfer of jurisdiction, Fort Devens, Massachusetts.

Sec. 2847. Release of requirements and reversionary interest on certain property in

Baltimore, Maryland.

Sec. 2848. Release of reversionary interest on certain property in York County and

James City County, Virginia, and Newport News, Virginia.

Subtitle E—Other Matters

Sec. 2851. Joint construction contracting for commissaries and nonappropriated

fund instrumentality facilities.

Sec. 2852. National Guard facility contracts subject to performance supervision by

Army or Navy.

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

Francisco, California.

Sec. 2854. Report on use of funds for environmental restoration at Cornhusker

Army Ammunition Plant, Hall County, Nebraska.

Sec. 2855. Engineering, design, construction, and related services for Women in

Military Service for America Memorial.

Sec. 2856. Sense of the Senate on authorization of funds for military construction

projects not requested in the President’s annual budget request.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY

PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

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

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Transfer authority.

Sec. 3125. Construction design and conceptual design for construction projects.

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

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

Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.

Sec. 3132. Defense inertial confinement fusion program.

Sec. 3133. Payment of penalties.
S. 2182—15

Sec. 3134. Water management programs. Sec. 3135. Protection of workers at nuclear weapons facilities. Sec. 3136. Limitation on use of program direction funds. Sec. 3137. National security programs. Sec. 3138. Programs for persons who may have been exposed to radiation released

from Hanford Nuclear Reservation.

Sec. 3139. Limitation on study or relocation of tritium-related activities and operations.

Sec. 3140. Hazardous materials management and hazardous materials emergency

response training program. Sec. 3141. International Center for Applied Research.

Subtitle D—Other Matters

Sec. 3151. Accounting procedures for Department of Energy funds. Sec. 3152. Approval for certain nuclear weapons activities. Sec. 3153. Study of feasibility of conducting certain activities at the Nevada Test

Site, Nevada.

Sec. 3154. Report on waste streams generated by nuclear weapons production cycle. Sec. 3155. Communication of restricted data and formerly restricted data. Sec. 3156. Scholarship and fellowship program for environmental restoration and

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

from reconfiguration of Department of Energy nuclear weapons complex. Sec. 3158. Office of Fissile Materials Disposition. Sec. 3159. Extension of authority to loan personnel and facilities at Idaho National

Engineering Laboratory. Sec. 3160. Elimination of requirement for five-year plan for defense nuclear facilities.

Sec. 3161. Authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3162. Use of funds for computer declassification system. Sec. 3163. Safety oversight and enforcement at defense nuclear facilities.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds. Sec. 3302. Rotation of materials to prevent technological obsolescence. Sec. 3303. Extension of limitation on authority to dispose of chromium ferro and

manganese ferro. Sec. 3304. Limitation on authority to dispose of zinc. Sec. 3305. Limitations on disposal of chromite and manganese ores. Sec. 3306. Report on domestic production of high purity electrolytic chromium

metal.

TITLE XXXIV—CIVIL DEFENSE

Subtitle A—Authorization of Appropriations

Sec. 3401. Authorization of appropriations.

Subtitle B—Reenactment of Federal Civil Defense Act of 1950 in the Robert

T. Stafford Disaster Relief and Emergency Assistance Act

Sec. 3411. Restatement of Federal civil defense authorities in the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Sec. 3412. Repeal of Federal Civil Defense Act of 1950.

TITLE XXXV—NAVAL PETROLEUM RESERVES

Sec. 3501. Authorization of appropriations.

Sec. 3502. Price requirement on sale of certain petroleum during fiscal year 1995. Sec. 3503. Extension of operating contract for Naval Petroleum Reserve Numbered

1.

TITLE XXXVI—PANAMA CANAL COMMISSION

Sec. 3601. Short title.

Sec. 3602. Authorization of expenditures.

Sec. 3603. Expenditures in accordance with other laws.

Sec. 3604. Costs of educational services obtained in the United States.

Sec. 3605. Special immigrant status of Panamanians employed by the United

States in the former Canal Zone.
S. 2182—16

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ‘‘congressional defense

committees’’ means the Committees on Armed Services and the

Committees on Appropriations of the Senate and House of Representatives.

DIVISION A—DEPARTMENT OF

DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of

Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year

1995 for procurement for the Army as follows:

(1) For aircraft, $1,289,452,000.

(2) For missiles, $818,709,000.

(3) For weapons and tracked combat vehicles,

$1,159,214,000.

(4) For ammunition, $902,821,000.

(5) For other procurement, $2,624,707,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY.—Funds are hereby authorized to be appropriated

for fiscal year 1995 for procurement for the Navy as follows: (1) For aircraft, $4,491,845,000.

(2) For weapons, including missiles and torpedoes,

$2,076,625,000.

(3) For shipbuilding and conversion, $5,619,897,000.

(4) For other procurement, $3,287,487,000.

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 1995 for procurement for the Marine Corps

in the amount of $403,410,000.

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby

authorized to be appropriated for procurement of ammunition for

Navy and the Marine Corps in the amount of $449,815,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year

1995 for procurement for the Air Force as follows:

(1) For aircraft, $6,489,467,000.

(2) For missiles, $3,732,845,000.

(3) For ammunition, $251,546,000.

(4) For other procurement, $6,929,170,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year

1995 for Defense-wide procurement in the amount of

$1,891,371,000.

SEC. 105. RESERVE COMPONENTS.

Funds are hereby authorized to be appropriated for fiscal year

1995 for procurement of aircraft, vehicles, communications equip-
S. 2182—17

ment, and other equipment for the reserve components of the Armed

Forces as follows:

(1) For the Army National Guard, $20,000,000.

(2) For the Air National Guard, $260,000,000.

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

(4) For the Naval Reserve, $80,000,000.

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

(6) For the Marine Corps Reserve, $50,000,000.

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

(a) AUTHORIZATION.—There is hereby authorized to be appropriated for fiscal year 1995 the amount of $599,549,000 for—

(1) the destruction of lethal chemical agents and munitions

in accordance with section 1412 of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare material of the

United States that is not covered by section 1412 of such

Act.

(b) LIMITATION.—Of the funds specified in subsection (a)—

(1) $363,584,000 is for operations and maintenance;

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

(3) $20,700,000 is for research and development efforts

in support of the chemical weapons program.

(c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.—The Secretary of Defense may obligate funds appropriated

for research, development, test, and evaluation of alternative technologies under the heading ‘‘CHEMICAL AGENTS AND MUNITIONS

DESTRUCTION, DEFENSE’’ in title VI of Public Law 103–139 (107

Stat. 1436).

Subtitle B—Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.

(a) M1A2 TANK UPGRADE.—The Secretary of the Army may,

in accordance with statutory multiyear contract authority, enter

into multiyear procurement contracts for procurement of upgrades

of M1 Abrams tanks to the M1A2 Abrams configuration.

(b) AVENGER AIR DEFENSE MISSILE SYSTEM.—Notwithstanding

the limitation on statutory multiyear contract authority relating

to the maximum duration of a multiyear contract under that authority, the Secretary of the Army may extend the multiyear contract

in effect during fiscal year 1994 for the Avenger air defense missile

system for a sixth program year and may award such an extension. (c) STATUTORY MULTIYEAR CONTRACT AUTHORITY DEFINED.— For purposes of this section, the term ‘‘statutory multiyear contract

authority’’ means— (1) the authority provided in section 2306(h) of title 10,

United States Code; or

(2) if the Federal Acquisition Streamlining Act of 1994

is enacted during the second session of the One Hundred Third

Congress, the authority provided in section 2306b of title 10,

United States Code, as added by the Federal Acquisition

Streamlining Act of 1994 (restating the authorities previously

provided in section 2306(h) of such title).
S. 2182—18

SEC. 112. TRANSFER TO MARINE CORPS OF M1A1 TANKS REPLACED

BY M1A2 UPGRADES.

(a) IN GENERAL.—The Secretary of the Army shall transfer

M1A1 common tanks to the Marine Corps Reserve in accordance

with this section.

(b) NUMBER OF TANKS TO BE TRANSFERRED.—The number of

tanks to be transferred to the Marine Corps Reserve under this

section is the number (if greater than zero) equal to the difference

between—

(1) the number of M1A2 Abrams tank upgrades for which funds are authorized for fiscal year 1995 or (if lower) the

number of such upgrades for which funds are appropriated

for fiscal year 1995; and (2) the number of such upgrades requested in the budget

of the President for fiscal year 1995.

(c) TIMING FOR TRANSFERS.—Of the M1 tanks selected to be

upgraded to the M1A2 configuration using funds provided for fiscal

year 1995, the Secretary of the Army shall designate specific tanks,

in the number of such tanks to be upgraded in excess of the

number requested to be upgraded in the budget of the President,

as constituting the additional M1A2 tank upgrades for which funds

were provided in excess of the number requested in the budget.

With respect to each such tank so designated, the Secretary may

not accept delivery from the contractor of that tank until the Secretary has transferred to the Marine Corps Reserve one M1A1

common tank (in addition to any previously transferred).

SEC. 113. TRANSFER OF M1A1 TANKS TO THE MARINE CORPS.

(a) TRANSFERS AUTHORIZED.—As M1A1 tanks of the Army

become excess to the requirements of the active component of the

Army, the Secretary of the Army shall transfer to the Marine

Corps 84 of such tanks selected by the Secretary of the Army

to complete the requirements for tanks of the active component

of the Marine Corps. Any such transfer shall be made at no expense

to the Army.

(b) LIMITATION ON TANK TRANSFERS TO ARMY NATIONAL

GUARD.—After the date of the enactment of this Act, the Secretary

of the Army may not transfer an M1A1 tank to the Army National

Guard until, with respect to that transfer, the Secretary has transferred a separate M1A1 tank to the Marine Corps (in addition

to any M1A1 tanks previously transferred to the Marine Corps).

The limitation in the preceding sentence shall remain in effect

until the Secretary has transferred to the Marine Corps under

this section the total number of tanks specified in subsection (a).

(c) CONDITION OF TANKS.—The tanks transferred to the Marine

Corps pursuant to this section shall be in a material condition

comparable to the material condition of the tanks transferred to

the National Guard.

(d) TREATMENT OF CERTAIN TRANSFERRED TANKS UNDER

LIMITATIONS.—Transfers of tanks under section 112 shall not be

counted for purposes of this section.

SEC. 114. EXCEPTION TO MANDATORY RETIREMENT OF OV–1 AIRCRAFT

FOR AIRCRAFT DEPLOYED IN KOREA.

(a) EXCEPTION TO MANDATORY RETIREMENT.—The first sentence

of subsection (b)(2) of section 1439 of the National Defense

Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104
S. 2182—19

Stat. 1689) shall not apply with respect to OV–1 Mohawk surveillance aircraft deployed in Korea in a number not in excess of

the number of such aircraft deployed in Korea on the date of

the enactment of this Act.

(b) EXCEPTION TO PROHIBITION ON USE OF FUNDS.—The provisions of subsection (a) of that section shall not apply with respect

to the operation and maintenance of aircraft covered by subsection

(a) of this section.

SEC. 115. SMALL ARMS INDUSTRIAL BASE.

(a) FUNDING FOR PROCUREMENT.—Of the funds authorized to

be appropriated pursuant to section 101(3), $93,683,000 is available

for procurement of small arms weapons as follows:

(1) $38,902,000 for the MK19–3 grenade machine gun.

(2) $13,000,000 for the M16A2 rifle.

(3) $28,616,000 for the M249 squad automatic weapon.

(4) $13,165,000 for the M4 carbine.

(b) MULTIYEAR CONTRACTS AUTHORIZED.—(1) During fiscal year

1995, the Secretary of the Army may, in accordance with section

2306(h) of title 10, United States Code, enter into multiyear contracts to meet the following objectives for quantities of small arms

weapons to be procured for the Army:

Weapon Quantity

MK19–3 grenade machine gun ......................................................... 21,217

M16A2 rifle ......................................................................................... 1,002,277

M249 squad automatic weapon ......................................................... 71,769

M4 carbine .......................................................................................... 132,510.

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

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

(1), the Secretary shall, to the extent provided for in appropriations

Acts, enter into multiyear contracts during subsequent fiscal years

to meet those objectives.

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

provide for procurement of product improvements for existing small

arms weapons and may do so within multiyear contracts entered

into pursuant to subsection (b).

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

the military departments shall jointly develop a master plan for

meeting the immediate and future needs of the Armed Forces

for small arms. The Secretary of the Army shall coordinate the

development of the joint small arms master plan. The joint small

arms master plan shall include—

(A) an examination of the relative advantages and disadvantages of improving existing small arms weapons as compared to investing in new, advanced technology weapons; and

(B) an analysis of the effects of each such approach on

the small arms industrial base.

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

for Acquisition and Technology shall—

(A) review the joint small arms master plan and the results

of the examination of relative advantages and disadvantages

of the two courses of action described in paragraph (1); and

(B) transmit the plan, together with any comments that

the Under Secretary considers appropriate, to Congress.

(e) FUNDING FOR RDT&E.—Of the funds authorized to be appropriated under section 201(1)—
S. 2182—20

(1) $5,000,000 shall be available for the Objective CrewServed Weapons System; and

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

to existing small arms weapons.

SEC. 116. BUNKER DEFEAT MUNITION ACQUISITION PROGRAM.

The Secretary of the Army, in acquiring munitions under the

bunker defeat munition weapons acquisition program—

(1) may acquire only those munitions that are designated

as ‘‘type classified, limited procurement for contingency operations’’; and

(2) may not acquire more than 6,000 such munitions.

SEC. 117. PROCUREMENT OF HELICOPTERS.

(a) AH–64 APACHE AIRCRAFT.—The prohibition in section

132(a)(2) of the National Defense Authorization Act for Fiscal Years

1990 and 1991 (Public Law 101–189; 103 Stat. 1382) does not

apply to the obligation of funds in amounts not to exceed

$72,000,000 for the procurement of not more than 6 AH–64 aircraft

from funds appropriated for fiscal year 1995 pursuant to section

101.

(b) OH–58D AHIP AIRCRAFT.—The prohibition in section

133(a)(2) of the National Defense Authorization Act for Fiscal Years

1990 and 1991 (Public Law 101–189; 103 Stat. 1383) does not

apply to the obligation of funds in amounts not to exceed

$150,000,000 for the procurement of not more than 24 OH–58D

AHIP Scout aircraft from funds appropriated for fiscal year 1995

pursuant to section 101.

Subtitle C—Navy Programs

SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

(a) TRANSFER OF FISCAL YEAR 1994 FUNDS.—There is hereby

authorized to be transferred to the Shipbuilding and Conversion,

Navy, appropriation account for fiscal year 1995 the amount of

$1,200,000,000, to be derived from the National Defense Sealift

Fund.

(b) AVAILABILITY FOR CVN–76.—Funds transferred pursuant

to the authorization in subsection (a) shall be available for the

CVN–76 nuclear aircraft carrier program.

SEC. 122. SEAWOLF SUBMARINE PROGRAM.

(a) LIMITATION ON PROGRAM COST.—Except as provided in subsection (b), the total amount obligated on or expended for procurement of the SSN–21 and SSN–22 Seawolf submarines may not

exceed $4,759,571,000.

(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—The amount

of the limitation set forth in subsection (a) is increased by the

following amounts:

(1) The amounts of outfitting costs and post-delivery costs

incurred for the submarines referred to in such subsection.

(2) The amounts of increases in costs attributable to economic inflation.

(3) The amounts of increases in costs attributable to compliance with changes in Federal, State, or local laws.
S. 2182—21

SEC. 123. GUIDANCE SETS FOR TRIDENT II MISSILES.

(a) LIMITATION.—Funds appropriated for fiscal year 1995 for the Navy pursuant to section 102 may not be obligated to procure

more than 14 Mark–6 guidance sets for Trident II (D–5) missiles

until the certification specified in subsection (b) has been submitted

to Congress. (b) CERTIFICATION.—A certification referred to in subsection

(a) is a certification by the Secretary of Defense that it is necessary

to procure (with funds referred to in subsection (a)) more than

14 Mark–6 guidance sets for Trident II (D–5) missiles because

a failure to do so would pose an unacceptable risk to the longterm readiness and reliability of the Trident II (D–5) missile program.

SEC. 124. PROHIBITION ON TRIDENT II BACKFIT.

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

any Trident I submarine to enable that submarine to be deployed

with Trident II (D–5) missiles.

(b) WAIVER AUTHORITY.—If the Secretary of Defense determines that adherence to the prohibition in subsection (a) would result

in a significant national security risk to the United States, the

Secretary may waive that prohibition. Such a waiver may not

take effect until the Secretary submits to Congress a certification

of that determination and of the reasons for that determination.

SEC. 125. INCLUSION OF CONVERSION OF VESSELS IN FAST SEALIFT

PROGRAM.

Section 1424 of the National Defense Authorization Act for

Fiscal Year 1991 (10 U.S.C. 7291 note) is amended—

(1) in subsection (a), by inserting ‘‘, or conversion and

operation,’’ after ‘‘construction and operation’’; and

(2) in subsection (b)—

(A) by inserting ‘‘or converted’’ after ‘‘constructed’’ each

place it appears; and

(B) by inserting ‘‘or conversion’’ after ‘‘Construction’’

in paragraph (3).

SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VESSELS.

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

funds for any of the vessels designated as TAGS–63, TAGS–64,

or TAGS–65 unless the Secretary certifies to Congress that the

multibeam sonars to be used on those vessels (whether new or

remanufactured) have been obtained through the use of competitive

acquisition procedures.

(b) NATIONAL SECURITY WAIVER.—The Secretary of the Navy

may waive the limitation in subsection (a) for reasons of national

security. Such a waiver may not take effect until the Secretary

submits to Congress a report giving notice of the waiver and an

explanation of the national security reasons for the waiver.

SEC. 127. NAVAL AMPHIBIOUS READY GROUPS.

(a) FINDINGS.—Congress makes the following findings: (1) Amphibious Assault Ships (LHDs) provide an important

contingency capability and are uniquely suited to respond to

world crises and to provide assistance after natural disasters.

(2) Extensive testimony received by the Committee on

Armed Services of the Senate in 1994 and prior years from

military and civilian officials of the Department of Defense
S. 2182—22

provided compelling support for a military requirement for

12 Amphibious Ready Groups.

(3) Twelve Amphibious Ready Groups is the correct number

of amphibious ready groups necessary to sustain forward

deployment and contingency requirements of the Navy.

(4) A report of the Department of the Navy (prepared

pursuant to requirements of the National Defense Authorization Act for Fiscal Year 1993) clearly stipulates that a seventh

LHD amphibious assault vessel is required in order for the

Navy to achieve a force of 12 Amphibious Ready Groups.

(5) A significant shortfall in amphibious shipping and

amphibious lift exists, both in the fiscal year 1995 budget

request and in outyear force structure projections.

(6) The Department of the Navy has identified funds in

outyear budget projections for the purchase of the amphibious

assault vessel designated as LHD–7.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of the Navy—

(1) should plan for, and budget to provide for, the attainment of a twelfth Amphibious Ready Group as soon as possible;

and

(2) should extend the existing contract option on the LHD–

7 Amphibious Assault Ship to facilitate achieving 12 Amphibious Ready Groups.

(c) LHD–7 CONTRACT OPTION EXTENSION.—(1) The Secretary

of the Navy is authorized to extend the existing contract option

for the LHD–7 Amphibious Assault ship if the Secretary determines

that the extension would be in the best interest of the United

States.

(2) The Secretary of the Navy shall immediately begin negotiations to extend the existing contract option for the LHD–7 Amphibious Assault Ship Program. (3) On and after the date that is 30 days after the date on

which the Secretary notifies Congress of an intention to do so,

the Secretary may use for such contract option extension funds

that are authorized to be appropriated for other Navy programs.

The notification shall include a description of the intended use

of the funds.

(d) REPORT REQUIREMENT.—The Secretary of the Navy shall

submit to Congress, after December 31, 1994, but before March

31, 1995, a report stating the Secretary’s intentions regarding exercise of the existing contract option for the LHD–7 Amphibious

Assault Ship. The report shall include an explanation of the Secretary’s actions regarding attainment of a twelfth Amphibious

Ready Group and the costs and benefits of extending the existing

contract option on the LHD–7 Amphibious Assault Ship.

Subtitle D—Air Force Programs

SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.

(a) AUTHORIZATION.—Of the amount provided in section 103

for procurement of aircraft for the Air Force—

(1) $103,707,000 shall be available for Non-Developmental

Alternative Aircraft procurement; and

(2) $2,364,622,000 shall be available for the C–17 aircraft

program, of which—
S. 2182—23

(A) $2,168,614,000 is for procurement of six C–17 aircraft;

(B) $189,900,000 is for advance procurement of up

to eight C–17 aircraft for fiscal year 1996; and

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

(b) REQUIREMENT FOR COMPETITION.—The Secretary of Defense

shall use competitive procedures in selecting a source for the aircraft

to be procured as Non-Developmental Alternative Aircraft under

subsection (a).

(c) NOTICE TO CONGRESS.—Funds described in subsection (a)

may not be obligated for procurement under subsection (a) until

60 days after the date on which the Secretary of Defense submits

to Congress a report describing the Secretary’s plan for the obligation of those funds.

(d) PRESERVATION OF INTERTHEATER AIRLIFT CAPACITY.—It is

the sense of Congress that the Secretary of Defense, in acquiring

aircraft using funds provided in accordance with subsection (a),

should structure the acquisition of those aircraft so as to preserve

the aggregate intertheater airlift capacity of the Air Force (measured in millions of ton-miles per day) as of the date of the enactment

of this Act.

SEC. 132. SETTLEMENT OF CLAIMS UNDER THE C–17 AIRCRAFT PROGRAM.

(a) AUTHORIZATION FOR SUPPLEMENTAL AGREEMENTS AND CONTRACT MODIFICATIONS.—(1) The Secretary of the Air Force may

(subject to subsection (e)) enter into supplemental agreements and

contract modifications pertaining to contracts specified in paragraph

(2) in order to do any of the following: (A) Settle claims and disputes arising under those contracts

as provided in the C–17 settlement agreement. (B) Revise the delivery schedules under those contracts

as provided in the C–17 settlement agreement for the aircraft

designated as T–1 and P–1 through P–6. (C) Revise range specifications, payload specifications, and

other specifications under those contracts as provided in Attachment B to the letter (described in subsection (h)) setting forth

the C–17 settlement agreement.

(2) This section applies to the following contracts: (A) Air Force prime contract F33657–81–C–2108 (relating to the C–17 aircraft program). (B) Such other Air Force contracts relating to the C–17 aircraft program (entered into before, on, or after the date

of the enactment of this Act) as the Secretary of the Air Force

determines to be appropriate.

(b) FURTHER CONSIDERATION FROM CONTRACTOR NOT

REQUIRED.—The Secretary of the Air Force may enter into a supplemental agreement or contract modification under subsection (a)

without requiring further consideration from the contractor for the

benefit to be derived by the contractor under that agreement or

modification only to the extent provided for in the C–17 settlement

agreement.

(c) RELEASE OF CONTRACTOR CLAIMS.—Any supplemental agreement or contract modification entered into under subsection (a)

shall, as provided in the C–17 settlement agreement, require that

the prime contractor release the Government from any contractual

claim, demand, request for equitable adjustment, or other cause
S. 2182—24

of action, known or unknown, that the prime contractor may have

against the Government on or before January 6, 1994, arising

out of the C–17 program contracts.

(d) CONTRACT MODIFICATIONS REGARDING CONTRACTOR

COMMITMENTS.—(1) The Secretary of the Air Force shall incorporate

into each appropriate C–17 contract the commitment of the prime

contractor to make C–17 program changes as described in paragraph (2) on a nonreimbursable or cost-share basis.

(2) Paragraph (1) applies to the commitment of the prime

contractor provided in the C–17 settlement agreement to make

the following C–17 program changes:

(A) Extend the flight test program.

(B) Redesign the wing.

(C) Implement Computer Aided Design/Computer Aided

Manufacturing System improvements, Management Information System improvements, and Advanced Quality System

improvements.

(D) Implement product improvement cost reduction

projects.

(E) Resolve other C–17 program issues.

(e) REQUIRED CERTIFICATION.—The Secretary of the Air Force

may not enter into a supplemental agreement or contract modification under subsection (a) until 30 days after the date on which

the Secretary of Defense submits to Congress a written certification

of each of the following:

(1) That the terms and conditions set forth in the C–

17 settlement agreement, including the terms and conditions

relating to the settlement of claims, are in the best interest

of the Government for a total procurement under the C–17

program that could be as few as 40 aircraft. (2) That the membership of the Defense Science Board

C–17 Task Force has advised the Secretary of Defense that,

for a total procurement quantity of as few as 40 aircraft, the

terms and conditions set forth in the C–17 settlement agreement, including the terms and conditions relating to settlement

of claims, are in the best interest of the Government.

(3) That the Secretary will establish specific not-to-exceed

costs estimates for production lots VII through XI and will

provide that cost information to Congress not later than March

1, 1995.

(4) That during fiscal year 1995 no funds available to

the Department of Defense will be used to relax performance

requirements specified in the acquisition program baseline

beyond the extent provided for in the C–17 settlement agreement.

(5) That the Secretary will transmit to Congress milestones

and exit criteria for the C–17 not later than March 1, 1995.

(6) That nothing in the C–17 settlement agreement releases

the contractor from any potential liability for fraud or criminal

violations.

(f) RESTRICTION ON USE OF DOD FUNDS FOR DEVELOPMENT

OF ALTERNATIVE AIRCRAFT.—No funds appropriated to the Department of Defense for fiscal year 1995 may be used to design, develop,

or produce a modified version of the C–17 aircraft that could be

considered to be a nondevelopmental alternative aircraft for purposes of future Department of the Air Force competitions for

intertheater airlift requirements.
S. 2182—25

(g) OTHER CONTRACTOR OBLIGATIONS.—Nothing in this section

shall be construed as relieving the prime contractor for the C–

17 aircraft from any obligation provided for in the C–17 settlement

agreement.

(h) C–17 SETTLEMENT AGREEMENT DEFINED.—For purposes of

this section, the term ‘‘C–17 settlement agreement’’ means the

settlement agreement that was proposed to the prime contractor

for the C–17 aircraft program by the Under Secretary of Defense

for Acquisition and Technology by letter dated January 3, 1994,

and that was accepted by that prime contractor on January 6,

1994.

(i) EXPIRATION OF AUTHORITY.—The authority of the Secretary

of the Air Force to enter into agreements and contract modifications

under subsection (a) expires at the close of September 30, 1995.

SEC. 133. HEAVY BOMBER FORCE REQUIREMENTS.

(a) REQUIREMENTS STUDY.—The Secretary of Defense shall

carry out a study of bomber force requirements of the Department

of Defense. The Secretary shall submit to Congress a report on

the results of the study not later than April 15, 1995. The study

shall address, for each of the target years 1998, 2006, and 2014,

the following:

(1) Realistic alternative mixes of bombers constituting the

bomber force and whether, for each of the alternative mixes,

the bomber force so produced can meet well-defined national

security requirements.

(2) The incremental levels of munitions requirements,

bomber upgrade requirements, and other support requirements

for implementation of each of the alternative mixes.

(3) The cost of implementation, affordability of implementation, and time required for implementation of each of the alternative mixes.

(4) The sensitivity to small changes in assumptions of

the capabilities of the bomber force produced by each of the

alternative mixes to meet mission requirements.

(b) FURTHER ALTERNATIVE STRATEGIES.—If the Secretary deter- mines in the study carried out under subsection (a) that the bomber

force capabilities are not adequate to meet requirements for any

of the target years considered, the Secretary shall undertake a

further study to examine alternative strategies for increasing

bomber force capabilities. As part of such examination, the Secretary shall do the following: (1) Determine those core bomber industrial capabilities that

are needed to maintain the ability to design, develop, and

produce bomber aircraft in the near-term and in the longterm and that—

(A) would take extended periods of time or substantial

expense to regenerate; and

(B) are in imminent danger of being lost.

(2) For each strategy examined—

(A) estimate the cost of implementing the strategy;

(B) make a judgment about the affordability of the

strategy; and

(C) assess the time required to implement the strategy.

(c) SECOND REPORT.—If the Secretary carries out a study as

provided in subsection (b), the Secretary shall submit to Congress

a report containing the results of the study carried out under
S. 2182—26

subsection (b) not later than July 1, 1995. The Secretary shall

include in such report the Secretary’s recommendations for assuring

the availability of bomber force capabilities required in the future. (d) ENHANCED BOMBER CAPABILITY FUND.—(1) Of the amounts

authorized to be appropriated by section 103 for procurement of

aircraft for the Air Force, not more than $125,000,000 is available

for an Enhanced Bomber Capability Fund. (2) Pending the completion of the studies required by sub- sections (a) and (b), the Secretary may obligate up to $100,000,000

of the amount in such fund—

(A) for those studies; and

(B) for the purpose of preserving those parts of the core capabilities referred to in subsection (b)(1).

(3) If, as a result of the study carried out under subsection (b), the Secretary determines that a new-generation bomber is

needed to meet the national security requirements for bombers,

the Secretary may obligate up to $25,000,000 of the amount in

such fund for requirements formulation and conceptual studies

for a conventional-conflict-oriented lower-cost next-generation

bomber.

(e) LIMITATION ON FUND.—None of the amount available for

the Enhanced Bomber Capability Fund may be obligated for

advance procurement of new B–2 aircraft (including long-lead

items).

(f) BOMBER DEFINED.—For purposes of this section, the term

‘‘bombers’’ means the B–52, B–1, and B–2 aircraft and other bomber

aircraft that are developed after the enactment of this Act with

similar range and payload characteristics.

SEC. 134. LIMITATION ON RETIREMENT OF BOMBER AIRCRAFT.

No funds available to the Secretary of Defense may be obligated

or expended during fiscal year 1995 for retiring, or preparing to

retire, any B–52H, B–1B, or F–111 bomber aircraft.

SEC. 135. EVALUATION OF RESTART OF C–5B AIRCRAFT PROCUREMENT.

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

an evaluation of the costs of restarting production of C–5B aircraft

for the strategic airlift mission. The evaluation shall include startup

costs and production costs for a production run of from 30 to

70 units.

(b) REPORT.—The Secretary shall submit to Congress a report

on the evaluation under subsection (a). The report may be submitted

as part of any other report required to be submitted that relates

to intertheater airlift.

Subtitle E—Other Matters

SEC. 141. SALES AUTHORITY OF WORKING-CAPITAL FUNDED ARMY

INDUSTRIAL FACILITIES.

Section 4543(a) of title 10, United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking out

‘‘nondefense-related commercial’’;

(2) by striking out ‘‘and’’ at the end of paragraph (3);

(3) by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon; and (4) by adding at the end the following new paragraphs:
S. 2182—27

‘‘(5) the Secretary of the Army determines that the articles

or services are not available from a commercial source located

in the United States;

‘‘(6) the purchaser of an article or service agrees to hold

harmless and indemnify the United States, except in a case

of willful misconduct or gross negligence, from any claim for

damages or injury to any person or property arising out of

the article or service;

‘‘(7) the article to be sold can be manufactured, or the

service to be sold can be substantially performed, by the industrial facility with only incidental subcontracting;

‘‘(8) it is in the public interest to manufacture such article

or perform such service; and

‘‘(9) the sale will not interfere with performance of the

military mission of the industrial facility.’’.

SEC. 142. IDENTIFICATION IN BUDGET OF FUNDS FOR CHEMICAL

DEMILITARIZATION MILITARY CONSTRUCTION

PROJECTS.

Section 1412(f) of the Department of Defense Authorization

Act, 1986 (50 U.S.C. 1521(f)), is amended—

(1) by inserting ‘‘, including funds for military construction

projects necessary to carry out this section,’’ after ‘‘carrying

out this section’’; and

(2) by striking out the last sentence.

SEC. 143. TRANSPORTATION OF CHEMICAL MUNITIONS.

(a) PROHIBITION OF TRANSPORTATION ACROSS STATE LINES.—

The Secretary of Defense may not transport any chemical munition

that constitutes part of the chemical weapons stockpile out of the

State in which that munition is located on the date of the enactment

of this Act and, in the case of any such chemical munition not

located in a State on the date of the enactment of this Act, may

not transport any such munition into a State.

(b) TRANSPORTATION OF CHEMICAL MUNITIONS NOT IN CHEMICAL WEAPONS STOCKPILE.—In the case of any chemical munitions

that are discovered or otherwise come within the control of the

Department of Defense and that do not constitute part of the

chemical weapons stockpile, the Secretary of Defense may transport

such munitions to the nearest chemical munitions stockpile storage

facility that has necessary permits for receiving and storing such

items if the transportation of such munitions to that facility—

(1) is considered by the Secretary of Defense to be necessary; and

(2) can be accomplished while protecting public health and

safety.
S. 2182—28

TITLE II—RESEARCH, DEVELOPMENT,

TEST, AND EVALUATION

Subtitle A—Authorization of

Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

1995 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $5,319,520,000.

(2) For the Navy, $8,845,854,000.

(3) For the Air Force, $12,475,681,000.

(4) For Defense-wide activities, $9,428,622,000, of which—

(A) $230,495,000 is authorized for the activities of the

Director, Test and Evaluation; and

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

SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.

(a) FISCAL YEAR 1995.—Of the amounts authorized to be appropriated by section 201, $4,193,833,000 shall be available for basic

research and exploratory development projects.

(b) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT

DEFINED.—For purposes of this section, the term ‘‘basic research

and exploratory development’’ means work funded in program elements for defense research and development under Department

of Defense category 6.1 or 6.2.

SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.

Of the amounts authorized to be appropriated by section 201,

$111,907,000 shall be available for the Strategic Environmental

Research and Development Program.

SEC. 204. MOLECULAR DESIGN MATERIAL SCIENCE.

Of the amount authorized to be appropriated for the Navy by section 201(2), $10,000,000 shall be used to conduct a centralized

program in molecular design material science.

Subtitle B—Program Requirements,

Restrictions, and Limitations

SEC. 211. SPACE LAUNCH MODERNIZATION.

(a) POLICY.—(1) It is in the Nation’s long-term national security

and economic interests to regain preeminence in the area of space

launch technology and operations.

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

maintaining required command, control, communications, intelligence, navigation, weather, and early warning support to United

States and coalition forces.
S. 2182—29

(3) Encouragement of privately financed, cost effective expendable and reusable launch vehicles is in the economic interest of

the Department of Defense and the United States Government.

(b) FINDING.—Congress finds that the current Department of

Defense space launch infrastructure has several deficiencies, including high cost, excessive management overhead, inadequate operability and responsiveness to satellite launch requirements, lack of

standardization, very large launch personnel requirements to support launch operations, over capacity, and technology obsolescence.

(c) REQUIRED ACTIONS.—The Secretary of Defense shall take

the following actions in pursuance of the space launch modernization policy set forth in subsection (a) and to correct the deficiencies

described in subsection (b):

(1) Develop an integrated space launch vehicle strategy

that, if implemented, would replace or consolidate the current

fleet of medium and heavy launch vehicles. Where prudent

and cost effective, the strategy should include a plan for the

development of new or upgraded expendable launch vehicles.

(2) Implement improved management practices including

streamlined acquisition approaches, small government program

staff, and minimal program overhead.

(3) Encourage and evaluate innovative acquisition, technical, and financing (including best commercial practices) solutions for providing affordable, operable, reliable, and responsive

access to space.

(4) Centralize oversight of launch requirements to ensure

integrated evaluation of satellite requirements and launch

capabilities.

(5) Encourage and provide incentives for the use of commercial practices in the acquisition, operation, and support of

Department of Defense space operations.

(6) Establish effective coordination among military, civilian,

and commercial launch developers and users.

(d) ALLOCATION OF FUNDS.—Of the amount authorized to be

appropriated in section 201(3), $90,000,000 shall be available for

research, development, test, and evaluation of non-man-rated space

launch systems and technologies. Of that amount—

(1) $30,000,000 shall be available for a competitive reusable

rocket technology program; and

(2) $60,000,000 shall be available for expendable launch

vehicle technology development and acquisition, as appropriate.

(e) TRANSFER OF FUNDS.—The Secretary of Defense shall, to

the extent provided in appropriations Acts, transfer to the Department of the Air Force the unobligated balance of funds appropriated

for fiscal year 1994 to the Department of Defense for the Advanced

Research Projects Agency for single-stage to orbit rocket research

and development.

(f) PROGRAM PLAN.—The Secretary of Defense and the Administrator of the National Aeronautics and Space Administration shall

develop a plan to coordinate the programs of the Department of

Defense and the National Aeronautics and Space Administration

for expendable and reusable rocket technology demonstrators and

technology development. The Secretary of Defense shall submit

to Congress the plan developed under this subsection.

(g) LIMITATIONS.—(1) Funds authorized for appropriation in

subsection (d)(1) may be obligated only—
S. 2182—30

(A) to the extent that the fiscal year 1995 current operating plan of the National Aeronautics and Space Administration

allocates at least an equal amount for its Reusable Space

Launch program; and (B) as specified in the program plan developed and submit- ted to Congress pursuant to subsection (f).

(2) Not more than $30,000,000 of the funds authorized in subsection (d)(2) may be obligated until 30 days after the Secretary

of Defense submits to Congress program plans, including objectives,

milestones, future years defense program funding, and governmentindustry cost sharing considerations, as applicable.

SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY DEMONSTRATION.

(a) IN GENERAL.—(1) Of the amounts authorized to be appro- priated by section 201(3), up to $2,000,000 may be used for the

conduct of a demonstration of existing nondevelopmental items

that would enable the use of a single adaptor kit for munitions

described in paragraph (2) in order to give those munitions a

near-term standoff and accurate guided capability. Such kits should

be able to be integrated into aircraft at minimal or no cost.

(2) Paragraph (1) applies to guided and unguided in-inventory

munitions of the class of 1,000 pounds and below.

(b) REPORT.—The Secretary of the Air Force shall submit to

Congress a report setting forth in detail the results and costs

of the demonstration under subsection (a) and the applicability

of the technology demonstrated in providing the Armed Forces

with an inexpensive near-term solution to providing both range

extension and accurate guided capability to in-inventory munitions.

SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED

ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN

SPACE.

(a) PROHIBITION.—The Secretary of Defense may not carry out

a test of the Mid-Infrared Advanced Chemical Laser (MIRACL)

transmitter and associated optics against an object in space during

fiscal year 1995 unless such testing is specifically authorized by

law.

(b) CERTAIN TESTING UNAFFECTED.—Nothing in this section

is intended to restrict the use of the Sealite Beam Director for

the purpose of calibrating a satellite sensor, or for the purpose

of imaging an object in space, in conjunction with a laser device

other than the MIRACL device operating at an average power

level not to exceed that used by other laser devices as of January

1, 1994, at other Department of Defense facilities for those purposes.

SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COMBAT SYSTEMS

TESTING REQUIREMENTS.

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

National Defense Authorization Act for Fiscal Year 1994 (Public

Law 103–160; 107 Stat. 1589) is amended—

(1) by inserting ‘‘ACAT I level integrated or stand-alone’’

before ‘‘electronic combat system’’; and (2) by inserting ‘‘ACAT I level integrated or stand-alone’’

before ‘‘command, control, and communications countermeasure

system’’.

(b) APPLICABILITY.—Subsection (e) of section 220 of such Act

is amended to read as follows:
S. 2182—31

‘‘(e) APPLICABILITY.—The provisions of subsections (a) and (b)

shall apply to an ACAT I level integrated or stand-alone electronic

combat system and to an ACAT I level integrated or stand-alone

command, control, and communications countermeasure system that

has not entered engineering and manufacturing development as

of September 1, 1994.’’.

(c) WAIVER.—Section 220 of such Act is further amended by

adding at the end the following new subsection:

‘‘(f) WAIVER AUTHORITY.—(1) The Secretary of Defense may

waive the requirements of subsection (a) with respect to a system

in any case in which the Secretary determines that a waiver is

necessary in the interests of national security.

‘‘(2) Whenever the Secretary proposes to make such a waiver,

the Secretary shall submit to Congress a notice of the proposed

waiver and the reasons for the waiver. The waiver may then be

made only after the expiration of the 30-day period that begins

on the date on which the notice is submitted to Congress.’’.

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

(a) REQUIREMENT TO OBLIGATE FUNDS FOR ASPJ.—Subject to

subsection (b), the Secretary of the Navy shall, not later than

September 30, 1994, obligate funds appropriated to the Department

of Defense for fiscal year 1994 and prior years to carry out logistics

support and maintenance of existing Advanced Self Protection

Jammer (ASPJ) systems, and integration of such systems from

the Navy inventory into the F–14D aircraft for testing and evaluation. The Secretary may acquire sufficient racks, spares, and logistic

support, including hardware and software, necessary to maintain

the existing ASPJ systems in the Navy inventory. (b) LIMITATION.—The Secretary of the Navy may obligate funds under subsection (a) only to the extent provided in appropriations

Acts.

(c) RELATIONSHIP TO OTHER PROVISION OF LAW.—The Secretary of the Navy shall carry out subsection (a) notwithstanding section

122 of the National Defense Authorization Act for Fiscal Year

1993 (Public Law 102–484; 106 Stat. 2334).

SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.

(a) PURPOSE.—The purpose of the Advanced Lithography Pro- gram (in this section referred to as the ‘‘ALP’’) is to fund goaloriented research and development to be conducted in both the

public and private sectors to help achieve a competitive position

for American lithography tool manufacturers in the international

market place.

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

in accordance with research and development plans (including an

interim plan) developed by the Semiconductor Technology Council,

established in section 273 of the National Defense Authorization

Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603) (as amended

by section 263(b) of the National Defense Authorization Act for

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

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

the Semiconductor Industry Association (SIA) 1994 development

plan for lithography.

(c) PROGRAM MANAGEMENT.—The Advanced Research Projects

Agency (ARPA) shall be the executive agent for the ALP and shall

ensure seamless, fully integrated incorporation of the program plan-
S. 2182—32

ning of the ALP into the full range of ARPA core electronics development programs.

(d) FUNDING.—(1) Of the funds authorized to be appropriated

in section 201(4), $60,000,000 shall be available for the ALP to

conduct research and development activities in accordance with

subsection (b).

(2) Of the funds authorized to be appropriated in section 201(4)

for the Semiconductor Manufacturing Technology Consortium, the

consortium is strongly encouraged to use not less than $10,000,000

for activities related to lithography.

SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

(a) CENTERS COVERED.—Funds appropriated or otherwise made

available for the Department of Defense for fiscal year 1995 pursuant to an authorization of appropriations in section 201 may be

obligated to procure work from a federally funded research and

development center only in the case of a center named in the

report required by subsection (b) and, in the case of such a center,

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

funding level set forth for that center in such report.

(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not later than

30 days after the date of the enactment of this Act, the Secretary

of Defense shall submit to the Committees on Armed Services

of the Senate and the House of Representatives a report containing—

(A) the name of each federally funded research and development center from which work is proposed to be procured for

the Department of Defense for fiscal year 1995; and (B) for each such center, the proposed funding level and

the estimated personnel level for fiscal year 1995.

(2) The total of the proposed funding levels set forth in the

report for all federally funded research and development centers

may not exceed the amount set forth in subsection (d). (c) LIMITATION PENDING SUBMISSION OF REPORT.—No funds

appropriated or otherwise made available for the Department of

Defense for fiscal year 1995 may be obligated to procure work

from a federally funded research and development center until

the Secretary of Defense submits the report required by subsection

(b).

(d) FUNDING.—Of the amounts authorized to be appropriated

by section 201, not more than a total of $1,300,000,000 may be

obligated to procure services from the federally funded research

and development centers named in the report required by subsection

(b).

(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—The Secretary

of Defense may waive the limitation regarding the maximum funding amount that applies under subsection (a) to a federally funded

research and development center. Whenever the Secretary proposes

to make such a waiver, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of the proposed waiver and the reasons for the waiver.

The waiver may then be made only after the end of the 60-day

period that begins on the date on which the notice is submitted

to those committees, unless the Secretary determines that it is

essential to the national security that funds be obligated for work

at that center in excess of that limitation before the end of such
S. 2182—33

period and notifies the Committees on Armed Services of the Senate

and House of Representatives of that determination and the reasons

for the determination.

(f) PARTICIPATION IN PROGRAMS PROMOTING RESEARCH, DEVELOPMENT, DEMONSTRATION, OR TRANSFER OF TECHNOLOGY.—(1) A

federally funded research and development center of the Department of Defense that functions primarily as a research laboratory

may respond to solicitations and announcements under programs

authorized by the Federal Government for the purpose of promoting

the research, development, demonstration, or transfer of technology

in a manner consistent with the terms and conditions of such

program.

(2) A federally funded research and development center

described in paragraph (1) that responds to a solicitation or

announcement described in such paragraph shall not be considered

to be engaging in a competitive procedure and may use, among

other authorities, cooperative research and development agreements

provided for under section 12 of the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3710a)) as the instruments of

participation in the solicitation or announcement.

(g) STUDY OF ROLE OF FFRDCS IN THE MISSION OF THE DEPARTMENT OF DEFENSE.—The Secretary of Defense shall require the

Defense Science Board to conduct a study of the role of federally

funded research and development centers in the mission of the

Department of Defense. The study shall include an analysis of

how the centers fit into the mission of the Department of Defense,

which capabilities of the centers are unique and have national

security consequences, and how these capabilities can be retained.

The study also shall review the extent to which activities performed

by such centers could be obtained through in-house capabilities

of the Department of Defense or through competitive procedures

with for-profit and nonprofit organizations. The Secretary shall

submit to the Committees on Armed Services of the Senate and

House of Representatives a report on the study not later than

May 1, 1995.

(h) REVIEW BY DEFENSE INSPECTOR GENERAL OF COMPARISON

OF EXECUTIVE COMPENSATION OF FFRDCS.—(1) The Secretary of

Defense shall require the Inspector General of the Department

of Defense to conduct a review of the compensation paid by federally

funded research and development centers to all the officers and

employees of such centers who are paid at a rate exceeding the

Executive Schedule Level I rate.

(2) In conducting the review, the Inspector General shall—

(A) assess the validity of the data submitted by federally

funded research and development centers to the Defense Contract Audit Agency as justification for the salary rates that

exceed the Executive Schedule Level I rate;

(B) compare the compensation paid those individuals with

(i) the compensation of similar technical and professional staff

from for-profit and nonprofit organizations that must compete

for defense work, and (ii) government officials of comparable

expertise and responsibility; and

(C) examine areas such as bonuses, medical benefits, severance packages, retirement plans, housing allowances, moving

expenses, and other forms of nonsalary compensation, as appropriate.
S. 2182—34

(3) The Inspector General shall submit to the Committees on

Armed Services of the Senate and the House of Representatives

a report on the review not later than May 1, 1995.

(i) LIMITATION REGARDING RATES OF COMPENSATION.—(1)

Funds available to the Department of Defense may not be paid

to a federally funded research and development center unless the

head of such center enters into an agreement with the Secretary

of Defense that provides the following:

(A) That no officer or employee of the federally funded

research and development center referred to in paragraph (2)

will be compensated in fiscal year 1995 at an annual rate

of compensation that exceeds the annual rate of compensation

provided that officer or employee in fiscal year 1994 (or, in

the case of a person not employed as an officer or employee

in such fiscal year, the annual rate of compensation provided

for the person in the position of that officer or employee in

fiscal year 1994).

(B) That no such officer or employee will be paid a bonus

or provided any other financial incentive in fiscal year 1995.

(C) That no trustee of the federally funded research and

development center will be paid compensation for services as

trustee in fiscal year 1995 or any subsequent fiscal year at

a rate that exceeds the rate of compensation provided in fiscal

year 1994 for a member of the Defense Science Board for

service as a member of such board.

(2) Subparagraphs (A) and (B) of paragraph (1) apply to officers

and employees of a federally funded research and development

center who are compensated at an annual rate of compensation

that exceeds the annual rate of pay provided for Executive Schedule

level I under section 5312 of title 5, United States Code.

(j) LIMITATION REGARDING CHARITABLE CONTRIBUTIONS.— Funds available to the Department of Defense may not be paid

to a federally funded research and development center unless the

head of such center enters into an agreement with the Secretary

of Defense not to make any charitable donation to a private institution, local government, institution of higher education, or any other

person.

(k) UNDISTRIBUTED REDUCTION.—The total amount authorized

to be appropriated for research, development, test, and evaluation

in section 201 is hereby reduced by $52,650,000.

SEC. 218. DIGITAL BATTLEFIELD PROGRAM.

(a) FUNDING.—Of the amounts authorized to be appropriated

by section 201, $95,857,000 shall be available for fiscal year 1995

for the digital battlefield program (PE 203758A).

(b) PROGRAM LIMITATION.—Not more than 60 percent of the

funds appropriated pursuant to section 201 for the digital battlefield

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

be obligated for research and development activities for development

or integration of such program until the Secretary of the Army—

(1) coordinates with the Secretary of the Navy to include

the Marine Corps in the Army’s plans for the digital battlefield;

and

(2) transmits to the congressional defense committees a

report describing—

(A) the Army’s plan of actions and milestones for defining the overall system architecture for the digital battle-
S. 2182—35

field, the standards and protocols for the digital battlefield,

and resulting requirements; (B) how those requirements affect or will affect the

major platforms that will make up the digital battlefield;

and

(C) the manner in which coordination with the Secretary of the Navy under paragraph (1) is being carried

out.

SEC. 219. DUAL-USE ELECTRIC AND HYBRID VEHICLES.

(a) FUNDING.—Of the funds authorized to be appropriated in

this Act—

(1) $15,000,000 shall be available for procurement of electric and hybrid vehicles for military uses and for commercialization of such vehicles for nonmilitary uses; and (2) $10,000,000 shall be available for research, development, test, and evaluation of electric and hybrid vehicles for

military uses.

(b) LIMITATION.—(1) Funds made available pursuant to sub- section (a) may not be expended until the Secretary of Defense,

the Secretary of the Army, and the Secretary of Energy enter

into a memorandum of understanding that specifies the responsibilities of each Secretary for research, development, test, evaluation,

procurement, and commercialization activities to be carried out

with such funds.

(2) The memorandum generally, and specifically in the case of the commercialization of such vehicles for nonmilitary uses, shall

provide that any procurement of electric and hybrid vehicles authorized in subsection (a) shall be in accordance with the provisions

of the Energy Policy Act of 1992 (Public Law 102–486; 42 U.S.C.

13201 et seq.) and shall be consistent with the amendments made

to the Clean Air Act (42 U.S.C. 7401 et seq.) by Public Law 101–

549 (commonly known as the Clean Air Act Amendments of 1990;

104 Stat. 2399).

SEC. 220. TACTICAL ANTISATELLITE TECHNOLOGIES PROGRAM.

(a) DEMONSTRATION AND VALIDATION ACTIVITIES.—Subject to subsection (e), the Secretary of Defense shall continue the demonstration and validation of kinetic energy antisatellite technologies

under the tactical antisatellite technologies program. (b) LEVEL FUNDING.—Subject to subsection (e), of the amounts authorized to be appropriated in section 201 for the Army,

$5,000,000 shall be available for fiscal year 1995 for engineering

development under the tactical antisatellite technologies program. (c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR FUNDS.—To

the extent provided in appropriations Acts, the Secretary shall

obligate for engineering development under the tactical antisatellite

technologies program all funds available for fiscal year 1993 and

fiscal year 1994 for the Kinetic Energy Antisatellite (KE–ASAT)

program that remain available for obligation on the date of the

enactment of this Act.

(d) REPORT.—The Secretary shall submit to Congress the report

required by section 1363 of the National Defense Authorization

Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2560).

(e) LIMITATION.—No funds appropriated to the Department of

Defense for fiscal year 1995 may be obligated for the tactical antisatellite technologies program until the Secretary of Defense certifies

to Congress that there is a requirement for an antisatellite program.
S. 2182—36

SEC. 221. LIMITATION ON DISMANTLEMENT OF INTERCONTINENTAL

BALLISTIC MISSILES.

Funds authorized to be appropriated in this Act may not be

obligated or expended for deactivating or dismantling intercontinental ballistic missiles (ICBMs) of the United States below that

number of such missiles that is necessary to support 500 deployed

intercontinental ballistic missiles until 180 days after the date

on which the Secretary of Defense has submitted to the congressional defense committees a report on the results of a nuclear

posture review being conducted by the Secretary.

SEC. 222. LIMITATION ON OBLIGATION OF FUNDS FOR SEISMIC MONITORING RESEARCH.

Funds authorized to be appropriated by this Act that are made

available for seismic monitoring of nuclear explosions may not

be obligated for a project unless the project is authorized in a

plan approved by the review group established pursuant to Presidential Decision Directive 18 (dated December 20, 1993).

SEC. 223. SUPERCONDUCTING MAGNETIC ENERGY STORAGE PROJECT.

(a) AVAILABILITY OF FUNDS.—The authorization of appropriations for fiscal year 1993 for the Superconducting Magnetic Energy

Storage Project (SMES) shall be effective until the funds appropriated for such project are expended. The purposes for which

such funds may be expended under that authorization of appropriations are those that are authorized in section 218 of the National

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

484; 106 Stat. 2352) and section 218 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107

Stat. 1589).

(b) TRANSFER DEADLINE.—Not later than 30 days after the

date of the enactment of this Act, the Secretary of Defense shall

comply with the requirement to transfer funds set forth in section

218(b) of the National Defense Authorization Act for Fiscal Year

1994 (Public Law 103–160; 107 Stat. 1589).

SEC. 224. DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS.

(a) MILSTAR PROGRAM.—Of the amount authorized in section

201 for the MILSTAR satellite communications program,

$20,000,000 is available either for advance procurement of

MILSTAR satellites 5 and 6 or for the Advanced Extra High Frequency (EHF) program, as determined by the Secretary of Defense.

(b) DEPARTMENT OF DEFENSE SATELLITE COMMUNICATIONS MASTER PLAN.—(1) The Secretary of Defense shall develop a satellite

communications master plan that addresses—

(A) the projected military satellite communications requirements of the Department of Defense;

(B) alternate and innovative ways of meeting those require- ments (including greater reliance on the commercial sector);

and

(C) possible financial incentives to ensure that those elements of the Department of Defense that create the demand

for such communications services are required to have an

important role in paying for the provision of those services.

(2) The Secretary shall submit to Congress a report on the

master plan developed under subsection (a) not later than April

30, 1995.
S. 2182—37

Subtitle C—Missile Defense Programs

SEC. 231. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND

COMPONENTS WITH ABM TREATY.

(a) GENERAL LIMITATION.—Funds appropriated to the Department of Defense for fiscal year 1995, or otherwise made available

to the Department of Defense from any funds appropriated for

fiscal year 1995 or for any fiscal year before 1995, may not be

obligated or expended—

(1) for any development or testing of anti-ballistic missile

systems or components except for development and testing

consistent with the interpretation of the ABM Treaty set forth

in the enclosure to the July 13, 1993, ACDA letter; or

(2) for the acquisition of any material or equipment (including long lead materials, components, piece parts, or test equipment, or any modified space launch vehicle) required or to

be used for the development or testing of anti-ballistic missile

systems or components, except for material or equipment

required for development or testing consistent with the

interpretation of the ABM Treaty set forth in the enclosure

to the July 13, 1993, ACDA letter.

(b) LIMITATION RELATING TO BRILLIANT EYES.—Of the funds

appropriated pursuant to the authorizations of appropriations in

section 201 that are made available for the space-based, midcourse

missile tracking system known as the Brilliant Eyes program, not

more than $80,000,000 may be obligated until the Secretary of

Defense submits to the appropriate congressional committees a

report on the compliance of that program with the ABM Treaty,

as determined under the compliance review conducted pursuant

to subsection (c).

(c) COMPLIANCE REVIEW FOR BRILLIANT EYES.—The Secretary

of Defense shall review the Brilliant Eyes program to determine

whether, and under what conditions, the development, testing, and

deployment of the Brilliant Eyes missile tracking system in conjunction with a theater ballistic missile defense system, with a limited

national missile defense system, and with both such systems, would

be in compliance with the ABM Treaty, including the interpretation

of that treaty set forth in the enclosure to the July 13, 1993,

ACDA letter.

(d) COMPLIANCE REVIEW FOR NAVY UPPER TIER SYSTEM.—(1)

The Secretary of Defense shall review the theater ballistic missile

program known as the Navy Upper Tier program to determine

whether the development, testing, and deployment of the system

being developed under that program would be in compliance with

the ABM Treaty, including the interpretation of the Treaty set

forth in the enclosure to the July 13, 1993, ACDA letter.

(2) Of the funds made available to the Department of Defense

for fiscal year 1995, not more than $40,000,000 may be obligated

for the Navy Upper Tier program before the date on which the

Secretary submits to the appropriate congressional committees a

report on the compliance of that program with the ABM Treaty,

as determined under the compliance review under paragraph (1).

(e) DEFINITIONS.—In this section:

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

letter dated July 13, 1993, from the Acting Director of the

Arms Control and Disarmament Agency to the chairman of
S. 2182—38

the Committee on Foreign Relations of the Senate relating

to the correct interpretation of the ABM Treaty and accompanied by an enclosure setting forth such interpretation. (2) The term ‘‘ABM Treaty’’ means the Treaty between the United States of America and the Union of Soviet Socialist

Republics on the Limitation of Anti-Ballistic Missiles, signed

in Moscow on May 26, 1972. (3) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services, the Committee

on Foreign Affairs, and the Committee on Appropriations

of the House of Representatives; and (B) the Committee on Armed Services, the Committee

on Foreign Relations, and the Committee on Appropriations

of the Senate.

SEC. 232. MODIFICATIONS TO ANTI-BALLISTIC MISSILE TREATY TO

BE ENTERED INTO ONLY THROUGH TREATY MAKING

POWER.

(a) REQUIREMENT FOR USE OF TREATY MAKING POWER.—The

United States shall not be bound by any international agreement

entered into by the President that would substantively modify the

ABM Treaty unless the agreement is entered pursuant to the treaty

making power of the President under the Constitution. (b) ABM TREATY DEFINED.—In this section, the term ‘‘ABM

Treaty’’ means the Treaty Between the United States of America

and the Union of Soviet Socialist Republics on the Limitation of

Anti-Ballistic Missile Systems, signed in Moscow on May 26, 1972,

with related protocol, signed in Moscow on July 3, 1974.

SEC. 233. REVISIONS TO THE MISSILE DEFENSE ACT OF 1991.

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

Law 102–190; 10 U.S.C. 2431 note) is amended—

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

(2) in section 238, by inserting before the period at the

end of the second sentence the following: ‘‘, and shall submit

to the Congress additional interim reports on the progress

of such negotiations at six-month intervals thereafter until

such time as the President notifies the Congress that such

negotiations have been concluded or terminated’’.

SEC. 234. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.

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

the launch of a target ballistic missile as part of the theater missile

defense extended range test program if an anticipated result of

the launch of that target missile under that test program would

be release of debris in a land area of the United States outside

a designated Department of Defense test range or an extension

thereof in force as of July 1, 1994. (b) DEFINITION OF DEBRIS.—For purposes of subsection (a),

the term ‘‘debris’’ does not include particulate matter that is regulated for considerations of air quality. (c) CERTAIN TESTING UNAFFECTED.—Nothing in this section

shall be construed as prohibiting or limiting testing of cruise missiles, unmanned aerial vehicles (UAVs), or precision-guided munitions.

(d) EXPIRATION OF LIMITATION.—The limitation in subsection

(a) shall expire on the later of—
S. 2182—39

(1) June 30, 1995; or

(2) the end of the 30-day period beginning on the date

of the publication by the Secretary of Defense of the Final

Environmental Impact Statement on the Theater Missile

Defense Extended Test Range.

SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE

ORGANIZATION.

In the budget justification materials submitted to Congress

in support of the Department of Defense budget for any fiscal

year after fiscal year 1995 (as submitted in the budget of the

President), the amount requested for activities of the Ballistic Missile Defense Organization shall be set forth in accordance with

the following program elements:

(1) National Missile Defense.

(2) Theater High-Altitude Area Defense (THAAD).

(3) The Hawk Missile system.

(4) Battle Management, Command, Control, Communications, and Intelligence (BM/C3I).

(5) Patriot Advanced Capability-3 Missile System.

(6) Patriot Advanced Capability-3 Missile risk reduction.

(7) Navy Lower Tier Missile Defense.

(8) Navy Upper Tier Missile Defense.

(9) Army Corps Surface-to-Air Missile (CORPS SAM).

(10) Boost Phase Intercept Program.

(11) Other Theater Missile Defense Activities.

(12) Support Technologies.

(13) Program Management.

Subtitle D—Women’s Health Research

SEC. 241. DEFENSE WOMEN’S HEALTH RESEARCH PROGRAM.

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

shall continue the Defense Women’s Health Research Program

established in fiscal year 1994 pursuant to the authority in section

251 of the National Defense Authorization Act for Fiscal Year

1994 (Public Law 103–160; 107 Stat. 1606). The program shall

continue to serve as the coordinating agent for multi-disciplinary

and multi-institutional research within the Department of Defense

on women’s health issues related to service in the Armed Forces.

The program also shall continue to coordinate with research supported by other Federal agencies that is aimed at improving the

health of women.

(b) PARTICIPATION BY ALL MILITARY DEPARTMENTS.—The

Departments of the Army, Navy, and Air Force shall each participate in the activities under the program.

(c) ARMY TO BE EXECUTIVE AGENT.—The Secretary of Defense

shall designate the Secretary of the Army to be the executive

agent for administering the program.

(d) IMPLEMENTATION PLAN.—If the Secretary of Defense intends

to change the plan for the implementation of the program previously

submitted to the Committees on Armed Services of the Senate

and House of Representatives, the amended plan shall be submitted

to such committees before implementation.
S. 2182—40

(e) PROGRAM ACTIVITIES.—The program shall include the following activities regarding health risks and health care for women

in the Armed Forces:

(1) The coordination and support activities described in

section 251 of Public Law 103–160.

(2) Epidemiologic research regarding women deployed for

military operations, including research on patterns of illness

and injury, environmental and occupational hazards (including

exposure to toxins), side-effects of pharmaceuticals used by

women so deployed, psychological stress associated with military training, deployment, combat and other traumatic

incidents, and other conditions of life, and human factor

research regarding women so deployed.

(3) Development of a data base to facilitate long-term

research studies on issues related to the health of women

in military service, and continued development and support

of a women’s health information clearinghouse to serve as

an information resource for clinical, research, and policy issues

affecting women in the Armed Forces.

(4) Research on policies and standards issues, including

research supporting the development of military standards

related to training, operations, deployment, and retention and

the relationship between such activities and factors affecting

women’s health.

(5) Research on interventions having a potential for

addressing conditions of military service that adversely affect

the health of women in the Armed Forces.

(f) FUNDING.—Of the amount authorized to be appropriated

pursuant to section 201, $40,000,000 shall be available for the

Defense Women’s Health Research Program referred to in subsection (a).

Subtitle E—Other Matters

SEC. 251. REQUIREMENT FOR SUBMISSION OF ANNUAL REPORT OF

THE SEMICONDUCTOR TECHNOLOGY COUNCIL TO CONGRESS.

Section 273(b)(2)(I) of the National Defense Authorization Act

for Fiscal Years 1988 and 1989 (15 U.S.C. 4603(b)(2)(I)), as amended

by section 263 of Public Law 103–160 (107 Stat. 1608) is amended

by inserting ‘‘and submit to Congress by March 31 of each year’’

after ‘‘Publish’’.

SEC. 252. REPORT ON OCEANOGRAPHIC SURVEY AND RESEARCH

REQUIREMENTS TO SUPPORT LITTORAL WARFARE.

(a) REPORT REQUIRED.—Not later than March 1, 1995, the

Secretary of the Navy shall submit to Congress a report on the

oceanographic survey and research and development requirements

needed to support Navy operations in littoral regions. (b) CONTENT OF REPORT.—The report shall contain the following:

(1) An identification of unique properties, including acoustics, bathymetry, bottom type, and ocean dynamics that affect

shallow water operations in littoral regions. (2) A list of the principal littoral regions that—
S. 2182—41

(A) designates each region as high, medium, or low

priority based on the probable need for Navy operations

in such regions; and

(B) for each region, is annotated to identify—

(i) the date of the most recent detailed survey;

and

(ii) the extent to which that survey provides insight

into the region’s properties identified pursuant to paragraph (1).

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

access to each region for surveying purposes.

(4) An assessment of the ability of current oceanographic

survey and research assets to develop the information identified

in paragraph (1).

SEC. 253. LANSCE/LAMPF UPGRADES.

Of the amounts authorized to be appropriated by section 201(1),

$20,000,000 shall be available to complete the Los Alamos Neutron

Scattering Center/Los Alamos Meson Physics Facility upgrades at

the Los Alamos National Laboratory, Los Alamos, New Mexico.

SEC. 254. STUDY REGARDING LIVE-FIRE SURVIVABILITY TESTING OF

F–22 AIRCRAFT.

(a) REQUIREMENT.—The Secretary of Defense shall request the

National Research Council of the National Academy of Sciences—

(1) to conduct a study regarding the desirability of exercising the authority under subsection (c) of section 2366 of title

10, United States Code, to waive for the F–22 aircraft program

the survivability tests required pursuant to subsection (a) of

such section; and

(2) to submit to the Secretary and Congress, within 180

days after the date of the enactment of this Act, a report

containing the conclusions of the Council regarding the desirability of waiving such tests.

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

matters:

(1) Conclusions regarding the practicality of full-scale, fullup testing for the F–22 aircraft program. (2) A discussion of the implications regarding the affordability of the F–22 aircraft program of conducting and of not

conducting the survivability tests, including an assessment of

the potential life cycle benefits that could be derived from

full-scale, full-up live fire testing in comparison to the costs

of such testing. (3) A discussion of what, if any, changes of circumstances

affecting the F–22 aircraft program have occurred since completion of the milestone II program review to cause the program

manager to request a waiver of the survivability tests for the

F–22 aircraft program that was not requested at that time.

(4) The sufficiency of the F–22 aircraft program testing

plans to fulfill the same requirements and purposes as are

provided in subsection (e)(3) of section 2366 of title 10, United

States Code, for realistic survivability testing for purposes of

subsection (a)(1)(A) of such section.

(5) Any recommendations regarding survivability testing

for the F–22 aircraft program that the Council considers appropriate on the basis of the study.
S. 2182—42

SEC. 255. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM.

Of the amounts authorized to be appropriated under section

201, $10,000,000 shall be available for the University Research

Initiative Support Program established pursuant to section 802

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103–160; 107 Stat. 1701; 10 U.S.C. 2358 note).

SEC. 256. MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.

(a) PROGRAM AUTHORIZED.—(1) Section 2525 of title 10, United

States Code, is amended to read as follows:

‘‘§ 2525. Manufacturing science and technology program

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish

a Manufacturing Science and Technology Program to further the

national security objectives of section 2501(a) of this title. The

Under Secretary of Defense for Acquisition and Technology shall

administer the program.

‘‘(b) PURPOSE.—The purpose of the program is to enhance the

capability of industry to meet the manufacturing needs of the

Department of Defense.

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

the program through the Secretaries of the military departments

and the heads of the Defense Agencies.

‘‘(d) COMPETITION AND COST SHARING.—(1) Competitive procedures shall be used for awarding all grants and entering into

all contracts, cooperative agreements, and other transactions under

the program.

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

a contract, cooperative agreement, or other transaction may not

be entered into under the program, on any basis other than a

cost-sharing basis unless the Secretary of Defense determines that

the grant, contract, cooperative agreement, or other transaction,

as the case may be, is for a program that—

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

‘‘(B) is of sufficiently high risk to discourage cost sharing

by non-Federal Government sources.’’.

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

at the beginning of subchapter IV of chapter 148 of such title

is amended to read as follows:

‘‘2525. Manufacturing Science and Technology Program.’’.

(b) FUNDING.—Of the amounts appropriated pursuant to section

201, not more than $109,420,000 shall be available for the Manufacturing Science and Technology Program under section 2525 of title

10, United States Code (as amended by subsection (a)), of which—

(1) not more than $29,420,000 shall be available for the

Army;

(2) not more than $20,000,000 shall be available for the

Navy;

(3) not more than $50,000,000 shall be available for the

Air Force; and

(4) not more than $10,000,000 shall be available for the

Defense Logistics Agency.
S. 2182—43

SEC. 257. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE

COMPETITIVE RESEARCH.

(a) PROGRAM REQUIRED.—The Secretary of Defense, acting through the Director of Defense Research and Engineering, shall

carry out a Defense Experimental Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) PROGRAM OBJECTIVES.—The objectives of the program are as follows:

(1) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science

and engineering research that is competitive under the peerreview systems used for awarding Federal research assistance. (2) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of

higher education in eligible States receive from the Federal

Government for science and engineering research.

(c) PROGRAM ACTIVITIES.—In order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of research grants.

(2) Competitive award of financial assistance for graduate

students.

(d) ELIGIBLE STATES.—(1) The Director of the National Science

Foundation shall designate which States are eligible States for

the purposes of this section and shall notify the Director of Defense

Research and Engineering of the States so designated. (2) The Director of the National Science Foundation shall designate a State as an eligible State if, as determined by the Director—

(A) the institutional average amount of Federal financial

assistance for research and development received by the institutions of higher education in the State for the fiscal year preceding the fiscal year for which the designation is effective, or

for the last fiscal year for which statistics are available, is

less than the amount equal to 60 percent of the national institutional average amount of Federal financial assistance for

research and development received by the institutions of higher

education in the United States for such preceding or last fiscal

year, as the case may be;

(B) the State has demonstrated a commitment to developing

research bases in the State and to improving science and

engineering research and education programs at institutions

of higher education in the State; and (C) the State is an eligible State for purposes of the Experimental Program to Stimulate Competitive Research conducted

by the National Science Foundation.

(e) COORDINATION WITH SIMILAR FEDERAL PROGRAMS.—(1) The

Secretary shall consult with the Director of the National Science

Foundation and the Director of the Office of Science and Technology

Policy in the planning, development, and execution of the program

and shall coordinate the program with the Experimental Program

to Stimulate Competitive Research conducted by the National

Science Foundation and with similar programs sponsored by other

departments and agencies of the Federal Government.

(2) All solicitations under the Defense Experimental Program

to Stimulate Competitive Research shall be made to, and all awards
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shall be made through, the State committees established for purposes of the Experimental Program to Stimulate Competitive

Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under

the Defense Experimental Program to Stimulate Competitive

Research are coordinated with the activities carried out in the

State under other similar initiatives of the Federal Government

to stimulate competitive research.

SEC. 258. STUDY ON CONVERGENCE OF GEOSAT AND EOS ALTIMETRY

PROGRAMS.

(a) REQUIREMENT.—The Secretary of the Navy and the Administrator of the National Aeronautics and Space Administration shall

jointly conduct a study on the convergence of the National Aeronautics and Space Administration Earth Observing System Altimetry mission with the Navy Geosat Follow-On program. The study

shall assess whether a converged system, which may involve minor

modifications to the Geosat Follow-On satellite, could—

(1) satisfy the needs of the Earth Observing System program for altimetry data;

(2) reduce the cost to the National Aeronautics and Space

Administration of satisfying such needs;

(3) be available in time to serve as the follow-on to the

Topex/Poseidon mission; and

(4) continue to meet the requirements of the Navy for

altimetry data at no additional cost to the Navy.

(b) CONSULTATION.—In conducting the study, the Secretary and

the Administrator shall consult with appropriate members of the

scientific community.

(c) REPORT.—The Secretary and the Administrator shall submit

to the Committees on Armed Services and on Commerce, Science,

and Transportation of the Senate and the Committees on Armed

Services and on Science, Space, and Technology of the House of

Representatives a joint report on the results of the study conducted

under subsection (a), together with the recommendations of the

Secretary and the Administrator thereon. The report shall be

submitted not later than February 15, 1995.

TITLE III—OPERATION AND

MAINTENANCE

Subtitle A—Authorization of

Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year

1995 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

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

(1) For the Army, $17,426,804,000.

(2) For the Navy, $21,055,470,000.

(3) For the Marine Corps, $2,066,295,000.

(4) For the Air Force, $18,837,623,000.

(5) For Defense-wide activities, $10,031,576,000.
S. 2182—45

(6) For the Army Reserve, $1,238,822,000.

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

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

(9) For the Air Force Reserve, $1,464,932,000.

(10) For the Army National Guard, $2,398,415,000.

(11) For the Air National Guard, $2,771,678,000.

(12) For the National Board for the Promotion of Rifle

Practice, $2,544,000.

(13) For the Defense Inspector General, $140,798,000.

(14) For the United States Court of Appeals for the Armed

Forces, $6,126,000.

(15) For Environmental Restoration, Defense,

$2,030,200,000.

(16) For Drug Interdiction and Counter-drug Activities,

Defense-wide, $714,200,000.

(17) For Medical Programs, Defense, $9,854,459,000.

(18) For Project Peace, $15,000,000.

(19) For Cooperative Threat Reduction programs,

$400,000,000.

(20) For Overseas Humanitarian, Disaster, and Civic Aid

programs, $86,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

1995 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for providing capital for

working capital and revolving funds in amounts as follows:

(1) For the Defense Business Operations Fund,

$1,239,438,000.

(2) For the National Defense Sealift Fund, $828,600,000,

of which $220,000,000 shall be available for the Marine Corps

maritime prepositioning ship enhancement program.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

1995 from the Armed Forces Retirement Home Trust Fund the

sum of $59,317,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers’ and Airmen’s

Home and the Naval Home.

SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR

WORK.

Of amounts authorized to be appropriated for fiscal year 1995

under section 301, there shall be available for the performance

of depot-level maintenance and repair work by depot-level activities

of the Department of Defense the amount that is equal to the

sum of—

(1) the total amount provided in the budget submitted

to Congress by the President for fiscal year 1995 pursuant

to section 1105 of title 31, United States Code, for the Department of Defense for the performance of depot-level maintenance

and repair work; and

(2) $305,000,000, of which—

(A) $140,000,000 shall be available for the Army;

(B) $40,000,000 shall be available for the Navy;

(C) $75,000,000 shall be available for the Air Force;

and
S. 2182—46

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

Corps.

SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.

Section 306(c) of the National Defense Authorization Act for

Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1335)

is amended by inserting ‘‘, and for fiscal year 1995 the sum of

$10,000,000,’’ after ‘‘for fiscal year 1992 the sum of $2,000,000’’.

SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS WORLD GAMES.

(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense

may provide logistical support and personnel services in connection

with the 1995 Special Olympics World Games to be held in the

State of Connecticut.

(b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—(1) Except as

provided in paragraph (2), the costs for pay and nontravel-related

allowances of members of the Armed Forces for the support and

services referred to in subsection (a) may not be charged to appropriations made pursuant to the authorization in subsection (c).

(2) Paragraph (1) does not apply in the case of members of

a reserve component called or ordered to active duty to provide

logistical support and personnel services for the 1995 Special Olympics World Games.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated for the Department of Defense for fiscal

year 1995 the sum of $3,000,000 to carry out subsection (a).

Subtitle B—Defense Business Operations

Fund

SEC. 311. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND.

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

Defense Authorization Act for Fiscal Years 1992 and 1993 (10

U.S.C. 2208 note) is amended by striking out ‘‘During the period’’

and all that follows through ‘‘December 31, 1994, the’’ and inserting

in lieu thereof ‘‘The’’.

(b) PURCHASE FROM OTHER SOURCES.—The Secretary of

Defense or the Secretary of a military department may purchase

goods and services that are available for purchase from the Defense

Business Operations Fund from a source other than the Fund

if the Secretary determines that such source offers a more competitive rate for the goods and services than the Fund offers. (c) LIMITATION ON INCLUSION OF CERTAIN COSTS IN DBOF

CHARGES.—A charge imposed for a good or service provided through

the Fund may not include amounts necessary to cover costs incurred

in connection with the closure or realignment of a military installation.

(d) PROCEDURES FOR ACCUMULATION OF FUNDS.—The Secretary

of Defense shall establish billing procedures to ensure that the

balance in the Fund does not exceed the amount necessary to

provide for the working capital requirements of the Fund, as determined by the Secretary.

(e) ANNUAL REPORTS AND BUDGET.—The Secretary of Defense

shall annually submit to the congressional defense committees,

at the same time that the President submits the budget under

section 1105 of title 31, United States Code, the following:
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(1) A detailed report that contains a statement of all

receipts and disbursements of the Fund (including such a statement for each subaccount of the Fund) for the year for which

the report is submitted.

(2) A detailed proposed budget for the operation of the

Fund for the fiscal year for which the budget is submitted.

(3) A comparison of the amounts actually expended for

the operation of the Fund for the previous fiscal year with

the amount proposed for the operation of the Fund for that

fiscal year in the budget.

(f) IMPLEMENTATION OF IMPROVEMENT PLAN.—(1) Not later than

February 1, 1995, the Secretary of Defense shall submit to the

congressional defense committees a report on the progress made

in implementing the Defense Business Operations Fund Improvement Plan, dated September 1993. The report shall describe the

progress made in reaching the milestones established in the plan

and provide an explanation for any failure to meet any such milestone. The Secretary shall submit a copy of the report to the

Comptroller General of the United States at the same time that

the Secretary submits the report to the congressional defense

committees.

(2) The Comptroller General shall monitor and evaluate the

progress of the Department of Defense in developing and

implementing the improvement plan referred to in paragraph (1).

(3) Not later than March 1, 1995, the Comptroller General

shall submit to the congressional defense committees a report

containing the following:

(A) An evaluation of the progress report submitted to the

congressional defense committees by the Secretary of Defense

pursuant to paragraph (1).

(B) The findings and conclusions of the Comptroller General

resulting from the monitoring and evaluation conducted under

paragraph (2).

(C) Any recommendations for legislation or administrative

action concerning the Fund that the Comptroller General

considers appropriate.

(g) DEFINITION.—In this section, the term ‘‘Fund’’ means the

Defense Business Operations Fund.

SEC. 312. REVIEW BY COMPTROLLER GENERAL OF CHARGES IMPOSED

BY DEFENSE BUSINESS OPERATIONS FUND.

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

shall review the charges proposed by the Secretary of Defense

to be imposed for fiscal year 1996 for goods and services provided

by the Defense Business Operations Fund, including related service

charges and charges for overhead costs.

(b) DETERMINATION REQUIRED.—In conducting the review, the

Comptroller General shall—

(1) compare the charges imposed for the provision of goods

and services to the military departments and Defense Agencies

with the charges imposed for the provision of goods and services

to persons outside the Department of Defense; and

(2) determine the extent to which differences in such

charges result in the military departments and Defense Agencies having a cost advantage or a cost disadvantage in relation

to the persons outside the Department of Defense.
S. 2182—48

(c) REPORT.—Not later than April 15, 1995, the Comptroller

General shall submit to Congress a report on the results of the

review conducted under subsection (a). The report shall contain

the comparison and determination required by subsection (b) and

any recommendations of the Comptroller General for legislation

or administrative action.

SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAPITAL ASSET

FUND.

The Secretary of Defense may not incur obligations against funds in the capital asset subaccount of the Defense Business

Operations Fund during fiscal year 1995 in a total amount in

excess of $1,440,000,000.

SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUPPLY

MANAGEMENT DIVISIONS.

(a) LIMITATION.—(1) The Secretary of Defense may not incur obligations against the supply management divisions of the Defense

Business Operations Fund during fiscal year 1995 in a total amount

in excess of 65 percent of the total amount derived from sales

from such divisions during that fiscal year. (2) For purposes of determining the amount of obligations incurred against, and sales from, such divisions during fiscal year

1995, the Secretary shall exclude obligations and sales for fuel,

commissary and subsistence items, retail operations, repair of equipment and spare parts in support of repair, direct vendor deliveries,

foreign military sales, initial outfitting requiring equipment furnished by the Federal Government, and the cost of operations. (b) WAIVER AUTHORITY.—The Secretary of Defense may waive the limitation in subsection (a) if the Secretary determines that

such waiver is necessary in order to maintain the readiness and

combat effectiveness of the Armed Forces. The Secretary shall

immediately notify Congress of any such waiver and the reasons

for such waiver.

(c) DETERMINATIONS OF EFFECTS OF LIMITATION ON READINESS

AND COMBAT EFFECTIVENESS.—Not later than 60 days after the

date of the enactment of this Act, the Secretaries of the military

departments and the Director of the Defense Logistics Agency shall

each submit to the Secretary of Defense a report containing the

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

(a) on the ability of the Department of Defense to maintain the

readiness and combat effectiveness of the Armed Forces. If the

Secretary of Defense determines, after considering the reports, that

the limitation will impair the readiness and combat effectiveness

of any of the Armed Forces, the Secretary shall exercise the waiver

authority provided in subsection (b).

Subtitle C—Environmental Provisions

SEC. 321. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION

FUNDS FOR PAYMENT OF FINES AND PENALTIES.

Section 2703 of title 10, United States Code, is amended by

adding at the end the following new subsection:

‘‘(f) PAYMENT OF FINES AND PENALTIES.—None of the funds

appropriated to the transfer account for fiscal years 1995 through

1999 may be used for the payment of a fine or penalty imposed

against the Department of Defense unless the act or omission
S. 2182—49

for which the fine or penalty is imposed arises out of an activity

funded by the transfer account.’’.

SEC. 322. PARTICIPATION OF INDIAN TRIBES IN AGREEMENTS FOR

DEFENSE ENVIRONMENTAL RESTORATION.

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

(1) by striking out ‘‘SERVICE OF OTHER AGENCIES.—The

Secretary’’ and inserting in lieu thereof the following: ‘‘SERVICE

OF OTHER AGENCIES.—

‘‘(1) IN GENERAL.—The Secretary’’;

(2) in paragraph (1), as so designated, by inserting ‘‘or

any Indian tribe’’ after ‘‘any State or local government agency’’;

and

(3) by adding at the end the following:

‘‘(2) DEFINITION.—In this subsection, the term ‘Indian tribe’

has the meaning given such term in section 101(36) of the

Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9601(36)).’’.

SEC. 323. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR

CERTAIN ENVIRONMENTAL PROGRAMS.

Section 2701(j)(1) of title 10, United States Code, is amended

by striking out ‘‘December 31, 1995’’ and inserting in lieu thereof

‘‘December 31, 1999’’.

SEC. 324. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES.

The Secretary of Defense may pay, from funds appropriated

pursuant to section 301(15), not more than $500,000 to the Hazardous Substance Superfund established under section 9507 of the

Internal Revenue Code of 1986 (26 U.S.C. 9507) as payment of

stipulated civil penalties assessed under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601 et seq.) against the West Virginia Ordnance Works.

SEC. 325. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND

DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS

MATERIALS AT MILITARY INSTALLATIONS.

Section 2692(b) of title 10, United States Code, is amended—

(1) by striking out ‘‘and’’ at the end of paragraph (7);

(2) by striking out the period at the end of paragraph

(8) and inserting in lieu thereof ‘‘; and’’; and

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

‘‘(9) the treatment and disposal of any material that is

not owned by the Department of Defense if the Secretary of

the military department concerned determines that the material is required or generated by a private person in connection

with the authorized and compatible commercial use by that

person of an industrial-type facility of that military department

and the Secretary enters into a contract with that person

that—

‘‘(A) is consistent with the best interest of national

defense and environmental security; and

‘‘(B) provides for that person’s continued financial and

environmental responsibility and liability with regard to

the material.’’.
S. 2182—50

SEC. 326. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE

ENVIRONMENTAL RESTORATION ACTIVITIES.

(a) ESTABLISHMENT OF RESTORATION ADVISORY BOARDS.—Section 2705 of title 10, United States Code, is amended by adding

at the end the following new subsection: ‘‘(d) RESTORATION ADVISORY BOARD.—(1) In lieu of establishing a technical review committee under subsection (c), the Secretary

may permit the establishment of a restoration advisory board in

connection with any installation (or group of nearby installations)

where the Secretary is planning or implementing environmental

restoration activities.

‘‘(2) The Secretary shall prescribe regulations regarding the characteristics, composition, funding, and establishment of restoration advisory boards pursuant to this subsection. However, the

issuance of regulations shall not be a precondition to the establishment of a restoration advisory board or affect the existence or

operation of a restoration advisory board established before the

date of the enactment of this section.

‘‘(3) The Secretary may provide for the payment of routine administrative expenses of a restoration advisory board from funds

available for the operation and maintenance of the installation

(or installations) for which the board is established or from the

funds available under subsection (e)(3).’’.

(b) ASSISTANCE FOR CITIZEN PARTICIPATION ON TECHNICAL

REVIEW BOARDS AND RESTORATION ADVISORY BOARDS.—Such section is further amended by adding after subsection (d), as added

by subsection (a), the following new subsection: ‘‘(e) ASSISTANCE FOR CITIZEN PARTICIPATION.—(1) Using funds made available under paragraph (3), the Secretary may make technical assistance grants under section 117(e) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9617(e)) in connection with installations containing facilities listed on the National Priorities List.

‘‘(2)(A) Subject to subparagraph (B), the Secretary shall make

available under paragraph (3) funds to facilitate the participation

of individuals from the private sector on technical review committees and restoration advisory boards at installations not covered

by paragraph (1) for the purpose of ensuring public input into

the planning and implementation of environmental restoration

activities at the installations for which such committees and boards

are in operation.

‘‘(B) The private individuals who are members of a committee

or advisory board are eligible for funding assistance under this

paragraph only if they reside in the vicinity of the installation

(or installations) for which the committee or advisory board is

established and are not potentially responsible parties with respect

to environmental hazards at any installation. Funds shall be paid

to, and administered by, the committee or advisory board on which

the private individuals are members for accounting and financial

management purposes, subject to subparagraph (C). ‘‘(C) Individuals who are local community members of a technical review committee or restoration advisory board may use funds

made available under this paragraph only—

‘‘(i) to obtain technical assistance in interpreting scientific

and engineering issues with regard to the nature of environmental hazards at an installation and the restoration activities

proposed for or conducted at the installation; and
S. 2182—51

‘‘(ii) to assist such members and affected citizens to participate more effectively in environmental restoration activities

at the installation.

‘‘(D) The members of a technical review committee or restoration advisory board may use funds made available under this paragraph to employ technical or other experts, in accordance with

the regulations prescribed under subsection (d)(2).

‘‘(3)(A) Subject to subparagraph (B), the Secretary shall make

funds available under this subsection using funds in the following

accounts:

‘‘(i) In the case of a military installation not closed pursuant

to a base closure law, the Defense Environmental Restoration

Account established in section 2703(a) of this title.

‘‘(ii) In the case of a technical review committee or restoration advisory board established for a military installation to

be closed, the Department of Defense Base Closure Account

1990 established under section 2906(a) of the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

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

‘‘(B) The total amount of funds available under this subsection

for fiscal year 1995 may not exceed $7,500,000.’’.

(c) INVOLVEMENT OF COMMITTEES AND BOARDS IN DEFENSE

ENVIRONMENTAL RESTORATION PROGRAM.—Such section is further

amended by adding after subsection (e), as added by subsection

(b), the following new subsection:

‘‘(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL RESTORATION

PROGRAM.—If a technical review committee or restoration advisory

board is established with respect to an installation (or group of

installations), the Secretary shall consult with and seek the advice

of the committee or board on the following issues: ‘‘(1) Identifying environmental restoration activities and

projects at the installation or installations. ‘‘(2) Monitoring progress on these activities and projects.

‘‘(3) Collecting information regarding restoration priorities

for the installation or installations.

‘‘(4) Addressing land use, level of restoration, acceptable

risk, and waste management and technology development

issues related to environmental restoration at the installation

or installations.

‘‘(5) Developing environmental restoration strategies for

the installation or installations.’’.

(d) IMPLEMENTATION REQUIREMENTS.—Not later than 180 days

after the date on which the Secretary of Defense announces a

decision to establish restoration advisory boards, the Secretary

shall—

(1) prescribe the regulations required under subsection

(d)(2) of section 2705 of title 10, United States Code, as added

by subsection (a); and

(2) take appropriate actions to notify the public of the

availability of funding under subsection (e) of such section,

as added by subsection (b).

(e) REPORT.—Not later than May 1, 1996, the Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and House of Representatives a report regarding—

(1) the establishment of restoration advisory boards under

subsection (d) of section 2705 of title 10, United States Code,

as added by subsection (a); and
S. 2182—52

(2) the expenditure of funds for assistance for citizen

participation on technical review committees and restoration

advisory boards under subsection (e) of such section, as added

by subsection (b).

SEC. 327. PILOT PROGRAM TO DEVELOP AND DEMONSTRATE ENVIRONMENTAL REMEDIATION TECHNOLOGIES.

(a) COOPERATIVE AGREEMENT FOR PILOT PROGRAM.—(1) The

Secretary of Defense may enter into a cooperative agreement with

an institution of higher education for the purpose of facilitating

the development and demonstration of new methods and technologies for more effective and expedient environmental remediation

at military installations by engaging in a pilot demonstration project

as provided in subsection (b). (2) If the Secretary enters into a cooperative agreement under paragraph (1), the agreement shall authorize the institution of

higher education to enter into partnerships or other relationships

with private and public entities for purposes of conducting activities

under the cooperative agreement. (b) PILOT PROJECT AT DEFENSE LANDFILL.—(1) If the Secretary enters into a cooperative agreement under subsection (a)(1), the

agreement shall authorize the institution of higher education to

participate in a cooperative pilot demonstration project at a Government landfill described in paragraph (2) if such demonstration

project can be carried out in a manner that is consistent with

all other actions at such landfill that the Secretary is legally

required to undertake. (2) The Government landfill referred to in paragraph (1) is a Government landfill that—

(A) is listed on the National Priorities List pursuant to section 105(a)(8)(B) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9605(a)(8)(B)); and

(B) is located on a military installation to be closed pursu- ant to a base closure law.

(c) FUNDING FOR FISCAL YEAR 1995.—Of the amount authorized

to be appropriated under section 201(4) and made available for

innovative environmental technologies certification, $1,000,000 shall

be available for the establishment of the cooperative agreement

and the activities necessary to conduct the pilot demonstration

project under this section.

SEC. 328. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM FOR

DEFENSE PERSONNEL.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish and conduct an education and training program for members of

the Armed Forces and civilian employees of the Department of

Defense whose responsibilities include planning or executing the

environmental mission of the Department. The Secretary shall conduct the program to ensure that such members and employees

obtain and maintain the knowledge and skill required to comply

with existing environmental laws and regulations.

(b) IDENTIFICATION OF MILITARY FACILITIES WITH ENVIRONMENTAL TRAINING EXPERTISE.—As part of the program, the Secretary may identify military facilities that have existing expertise

(or the capacity to develop such expertise) in conducting education

and training activities in various environmental disciplines. In the

case of a military facility identified under this subsection, the
S. 2182—53

Secretary should encourage the use of the facility by members

and employees referred to in subsection (a) who are not under

the jurisdiction of the military department operating the facility.

SEC. 329. STUDY OF ESTABLISHMENT OF LAND MANAGEMENT AND

TRAINING CENTER.

(a) STUDY.—The Secretary of the Army shall carry out a study

of the feasibility and advisability of establishing a center for the

land management activities and land management training activities of the Department of Defense.

(b) REPORT.—Not later than May 1, 1996, the Secretary shall

submit to the congressional defense committees a report on the

study required under subsection (a). If the Secretary concludes

as a result of the study that establishing the center is feasible

and advisable, the report shall include a statement of the Secretary’s

recommendations for the location of the center and the specific

activities to be conducted at the center.

Subtitle D—Depot-Level Activities

SEC. 331. FINDINGS.

Congress makes the following findings:

(1) By providing the Armed Forces with a critical capacity

to respond to the needs of the Armed Forces for depot-level

maintenance and repair of weapon systems and equipment,

the depot-level maintenance and repair activities of the Department of Defense play an essential role in maintaining the

readiness of the Armed Forces.

(2) It is appropriate for the capability of the depot-level

maintenance and repair activities of the Department of Defense

to perform maintenance and repair of weapon systems and

equipment to be based on policies that take into consideration

the readiness, mobilization, and deployment requirements of

the military departments.

(3) It is appropriate for the management of employees

of the depot-level maintenance and repair activities of the

Department of Defense to be based on the amount of workload

necessary to be performed by such activities to maintain the

readiness of the weapon systems and equipment of the military

departments and on the funds made available for the performance of such workload.

SEC. 332. MODIFICATION OF LIMITATION ON PERFORMANCE OF

DEPOT-LEVEL MAINTENANCE.

(a) MODIFICATION.—Subsection (a) of section 2466 of title 10,

United States Code, is amended to read as follows:

‘‘(a) PERCENTAGE LIMITATION.—Not more than 40 percent of

the funds made available in a fiscal year to a military department

or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the performance by non-Federal

Government personnel of such workload for the military department

or the Defense Agency. Any such funds that are not used for

such a contract shall be used for the performance of depot-level

maintenance and repair workload by employees of the Department

of Defense.’’.
S. 2182—54

(b) INCLUSION OF REPAIR ACTIVITIES.—Subsection (b) of such

section is amended by inserting ‘‘and repair’’ after ‘‘maintenance’’

each place it appears.

(c) REPORT.—Subsection (e) of such section is amended to read

as follows:

‘‘(e) REPORT.—Not later than January 15, 1995, the Secretary

of Defense shall submit to Congress a report identifying, for each

military department and Defense Agency, the percentage of funds

referred to in subsection (a) that was used during fiscal year 1994

to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.’’.

SEC. 333. REPORT ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE

AND REPAIR OF NEW WEAPON SYSTEMS.

(a) REPORT.—Not later than April 1, 1995, the Secretary of

Defense shall submit to Congress a report that contains a statement

by each Secretary of a military department on the plans of that

military department to provide for the depot-level maintenance

and repair of any new weapon system described in subsection

(b) by depot-level activities of the Department of Defense.

(b) COVERED WEAPON SYSTEMS.—A new weapon system

referred to in subsection (a) is a weapon system—

(1) initially delivered to the military department by a contractor on, or within 4 years before, the date of the enactment

of this Act; or

(2) planned for initial delivery to the military department

by a contractor on, or within 5 years after, such date.

SEC. 334. REVIEW OF COST GROWTH IN CONTRACTS TO PERFORM

DEPOT-LEVEL MAINTENANCE AND REPAIR.

(a) REVIEW.—The Secretary of Defense shall carry out a review

of a representative sample of existing contracts entered into by

the Department of Defense for the performance of depot-level

maintenance and repair to determine the extent to which the costs

incurred by a contractor under any such contract have exceeded

the cost of the contract at the time the contract was entered into.

(b) REPORT.—Not later than May 1, 1995, the Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and House of Representatives a report containing the

results of the review carried out under subsection (a).

SEC. 335. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF THE DEPARTMENT OF DEFENSE TO COMPETE FOR MAINTENANCE

AND REPAIR WORKLOADS OF OTHER FEDERAL AGENCIES.

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

is amended by adding at the end the following new section:

‘‘§ 2470. Depot-level activities of the Department of Defense:

authority to compete for maintenance and repair

workloads of other Federal agencies

‘‘A depot-level activity of the Department of Defense shall be

eligible to compete for the performance of any depot-level maintenance and repair workload of a Federal agency for which competitive procedures are used to select the entity to perform the workload.’’.
S. 2182—55

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2470. Depot-level activities of the Department of Defense: authority to compete for

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

SEC. 336. AUTHORITY OF DEPOTS TO PROVIDE SERVICES OUTSIDE

THE DEPARTMENT OF DEFENSE.

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

as amended by section 335, is further amended by adding at the

end the following new section:

‘‘§ 2471. Persons outside the Department of Defense: lease

of excess depot-level equipment and facilities by

‘‘(a) AUTHORITY TO LEASE EXCESS EQUIPMENT AND FACILITIES.—Subject to subsection (b), the Secretary of a military department and, with respect to a Defense Agency, the Secretary of

Defense, may lease excess equipment and facilities of a depotlevel activity of the military department, or the Defense Agency,

to a person outside the Department of Defense.

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

into only if—

‘‘(1) the lease of any such equipment or facilities will not

have a significant adverse effect on the readiness of the armed

forces, as determined by the Secretary concerned;

‘‘(2) the person leasing such equipment or facilities agrees

to reimburse the Department of Defense for the costs (both

direct and indirect costs, including any rental costs, as determined the Secretary concerned) attributable to the lease of

such equipment or facilities;

‘‘(3) the person leasing such equipment or facilities agrees

to hold harmless and indemnify the United States, except in

cases of willful conduct or gross negligence, from any claim

for damages or injury to any person or property arising out

the lease of such equipment or facilities; and

‘‘(4) the person leasing such equipment or facilities agrees

to hold harmless and indemnify the United States from any

liability or claim for damages or injury to any person or property

arising out of a decision by the Secretary concerned to suspend

or terminate the lease during a war or national emergency.

‘‘(c) CREDIT TO TREASURY.—Any reimbursement (including the

payment of rental costs) received under this section shall be credited

to the Treasury as miscellaneous receipts.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2471. Persons outside the Department of Defense: lease of excess depot-level equipment and facilities by.’’.

SEC. 337. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL ACTIVITIES.

(a) PROGRAM AUTHORIZED.—The Secretary of Defense shall conduct activities to encourage commercial firms to enter into partnerships with depot-level activities of the military departments for

the purposes of—

(1) demonstrating commercial uses of the depot-level activities that are related to the principal mission of the depotlevel activities;
S. 2182—56

(2) preserving employment and skills of employees cur- rently employed by the depot-level activities or providing for

the reemployment and retraining of employees who, as the

result of the closure, realignment, or reduced in-house workload

of such activities, may become unemployed; and (3) supporting the goals of other defense conversion, reinvestment, and transition assistance programs while also

allowing the depot-level activities to remain in operation to

continue to perform their defense readiness mission.

(b) CONDITIONS.—The Secretary shall ensure that activities conducted under this section—

(1) do not interfere with the closure or realignment of a depot-level activity of the military departments under a base

closure law; and

(2) do not adversely affect the readiness or primary mission of a participating depot-level activity.

SEC. 338. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL

WORKLOADS.

The text of section 2469 of title 10, United States Code, is

amended to read as follows:

‘‘(a) REQUIREMENT FOR COMPETITION.—The Secretary of Defense shall ensure that the performance of a depot-level maintenance or repair workload described in subsection (b) is not changed

to performance by a contractor or by another depot-level activity

of the Department of Defense unless the change is made using— ‘‘(1) merit-based selection procedures for competitions

among all depot-level activities of the Department of Defense;

or

‘‘(2) competitive procedures for competitions among private and public sector entities.

‘‘(b) SCOPE.—Subsection (a) applies to any depot-level mainte- nance or repair workload that has a value of not less than

$3,000,000 and is being performed by a depot-level activity of the

Department of Defense. ‘‘(c) INAPPLICABILITY OF OMB CIRCULAR A–76.—Office of

Management and Budget Circular A–76 (or any successor administrative regulation or policy) does not apply to a performance change

to which subsection (a) applies.’’.

SEC. 339. SALE OF ARTICLES AND SERVICES OF INDUSTRIAL FACILITIES OF THE ARMED FORCES TO PERSONS OUTSIDE THE

DEPARTMENT OF DEFENSE.

(a) IN GENERAL.—(1) Subchapter II of chapter 152 of title

10, United States Code, is amended by adding at the end the

following new section:

‘‘§ 2553. Articles and services of industrial facilities: sale to

persons outside the Department of Defense

‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—(1) The Secretary

of Defense may sell in accordance with this section to a person

outside the Department of Defense articles and services referred

to in paragraph (2) that are not available from any United States

commercial source.

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

services referred to in paragraph (1) are articles and services that

are manufactured or performed by any working-capital funded

industrial facility of the armed forces.
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‘‘(B) The authority in this section does not apply to sales of

articles and services by a working-capital funded Army industrial

facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms,

ammunition, munitions, or components thereof, which are governed

by regulations required by section 4543 of this title.

‘‘(b) DESIGNATION OF PARTICIPATING INDUSTRIAL FACILITIES.—

The Secretary may designate facilities referred to in subsection

(a) as the facilities from which articles and services manufactured

or performed by such facilities may be sold under this section.

‘‘(c) CONDITIONS FOR SALES.—A sale of articles or services may

be made under this section only if—

‘‘(1) the Secretary of Defense determines that the articles

or services are not available from a commercial source in the

United States;

‘‘(2) the purchaser agrees to hold harmless and indemnify

the United States, except in any case of willful misconduct

or gross negligence, from any claim for damages or injury

to any person or property arising out of the articles or services;

‘‘(3) the articles or services can be substantially manufactured or performed by the industrial facility concerned with

only incidental subcontracting;

‘‘(4) it is in the public interest to manufacture the articles

or perform the services;

‘‘(5) the Secretary determines that the sale of the articles

or services will not interfere with the military mission of the

industrial facility concerned; and

‘‘(6) the sale of the goods and services is made on the

basis that it will not interfere with performance of work by

the industrial facility concerned for the Department of Defense.

‘‘(d) METHODS OF SALE.—(1) The Secretary shall permit a purchaser of articles or services under this section to use advance

incremental funding to pay for the articles or services.

‘‘(2) In the sale of articles and services under this section,

the Secretary shall—

‘‘(A) charge the purchaser, at a minimum, the variable

costs, capital improvement costs, and equipment depreciation

costs that are associated with the articles or services sold;

‘‘(B) enter into a firm, fixed-price contract or, if agreed

by the purchaser, a cost reimbursement contract for the sale;

and

‘‘(C) develop and maintain (from sources other than appropriated funds) working capital to be available for paying design

costs, planning costs, procurement costs, and other costs associated with the articles or services sold.

‘‘(e) DEPOSIT OF PROCEEDS.—Proceeds from sales of articles

and services under this section shall be credited to the funds,

including working capital funds and operation and maintenance

funds, incurring the costs of manufacture or performance.

‘‘(f) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.—Nothing

in this section shall be construed to affect the application of the

export controls provided for in section 38 of the Arms Export Control

Act (22 U.S.C. 2778) to items which incorporate or are produced

through the use of an article sold under this section.

‘‘(g) DEFINITIONS.—In this section:
S. 2182—58

‘‘(1) The term ‘advance incremental funding’, with respect

to a sale of articles or services, means a series of partial

payments for the articles or services that includes—

‘‘(A) one or more partial payments before the

commencement of work or the incurring of costs in connection with the manufacture of the articles or the performance of the services, as the case may be; and

‘‘(B) subsequent progress payments that result in full

payment being completed as the required work is being

completed.

‘‘(2) The term ‘variable costs’, with respect to sales of articles or services, means the costs that are expected to fluctuate

directly with the volume of sales and—

‘‘(A) in the case of articles, the volume of production

necessary to satisfy the sales orders; or

‘‘(B) in the case of services, the extent of the services

sold.’’.

(2) The table of sections at the beginning of such subchapter

is amended by adding at the end the following new item:

‘‘2553. Articles and services of industrial facilities: sale to persons outside the Department of Defense.’’.

(b) EFFECTIVE DATE.—Section 2553 of title 10, United States

Code, as added by subsection (a), shall take effect on April 1,

1995.

Subtitle E—Civilian Employees

SEC. 341. EXTENSION OF CERTAIN TRANSITION ASSISTANCE AUTHORITIES.

(a) REDUCTION-IN-FORCE NOTIFICATION REQUIREMENTS.—Section 4433(b)(2) of the Defense Conversion, Reinvestment, and

Transition Assistance Act of 1992 (division D of Public Law 102–

484; 106 Stat. 2722; 5 U.S.C. 3502 note) is amended by striking

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

1, 2000’’.

(b) SEPARATION PAY.—(1) Section 5597(e) of title 5, United

States Code, is amended by striking out ‘‘September 30, 1997’’

and inserting in lieu thereof ‘‘September 30, 1999’’. (2) Section 4436(d)(2) of the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is

amended by striking out ‘‘January 1, 1998’’ and inserting in lieu

thereof ‘‘January 1, 2000’’. (c) RESTORATION OF CERTAIN LEAVE.—Section 6304(d)(3) of title

5, United States Code, is amended by striking out ‘‘the closure

of an installation’’ and inserting in lieu thereof ‘‘the closure of

an installation of the Department of Defense pursuant to the

Defense Base Closure and Realignment Act of 1990 (part A of

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

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

(d) CONTINUED HEALTH BENEFITS.—Section 8905a(d)(4)(B) of

title 5, United States Code, is amended—

(1) by striking out ‘‘October 1, 1997’’ each place it appears

and inserting in lieu thereof ‘‘October 1, 1999’’; and

(2) in clause (ii), by striking out ‘‘February 1, 1998,’’ and

inserting in lieu thereof ‘‘February 1, 2000,’’.
S. 2182—59

SEC. 342. EXTENSION AND EXPANSION OF AUTHORITY TO CONDUCT

PERSONNEL DEMONSTRATION PROJECTS.

(a) CHINA LAKE DEMONSTRATION PROJECT.—(1) Section 6 of

the Civil Service Miscellaneous Amendments Act of 1983 (Public

Law 98–224; 98 Stat. 49) is amended by striking out ‘‘until September 30, 1995,’’.

(2) In the event of a reorganization of the organization carrying

out the personnel demonstration project referred to in section 6

of such Act, such section shall apply with respect to the successor

to that organization. (b) DEFENSE LABORATORIES PERSONNEL DEMONSTRATION

PROJECTS.—(1) The Secretary of Defense may, with the approval

of the Director of the Office of Personnel Management, carry out

personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science

and technology reinvention laboratories. (2)(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature

to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized

by section 6 of the Civil Service Miscellaneous Amendments Act

of 1983 to be continued at the Naval Weapons Center, China

Lake, California, and at the Naval Ocean Systems Center, San

Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5,

United States Code, shall apply to the demonstration project, except

that—

(A) subsection (d) of such section 4703 shall not apply

to the demonstration project; and

(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1)

rather than the authority which is provided in such section

4703.

SEC. 343. LIMITATION ON PAYMENT OF SEVERANCE PAY TO CERTAIN

EMPLOYEES TRANSFERRING TO EMPLOYMENT POSITIONS IN NONAPPROPRIATED FUND INSTRUMENTALITIES.

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

is amended by adding at the end the following: ‘‘(h)(1) Severance pay under this section may not be paid to— ‘‘(A) a person described in paragraph (4)(A) during any

period in which the person is employed in a defense

nonappropriated fund instrumentality; or

‘‘(B) a person described in paragraph (4)(B) during any

period in which the person is employed in a Coast Guard

nonappropriated fund instrumentality.

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

severance pay to a person referred to in paragraph (1) may be

resumed upon any involuntary separation of the person from the

position of employment in a nonappropriated fund instrumentality,

not by removal for cause on charges of misconduct, delinquency,

or inefficiency.

‘‘(B) Payment of severance pay may not be resumed under

subparagraph (A) in the case of a person who, upon separation,
S. 2182—60

is entitled to immediate payment of retired or retainer pay as

a member or former member of the uniformed services or to an

immediate annuity under—

‘‘(i) a retirement system for persons retiring from employment by a nonappropriated fund instrumentality;

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

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

‘‘(iv) any other retirement system of the Federal Government for persons retiring from employment with the Federal

Government.

‘‘(3) Upon resumption of payment of severance pay under paragraph (2)(A) in the case of a person separated as described in

such paragraph, the amount of the severance pay so payable for

a period shall be reduced (but not below zero) by the portion

(if any) of the amount of any severance pay payable for such

period to the person by the nonappropriated fund instrumentality

that is attributable to credit for service taken into account under

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

pay so resumed.

‘‘(4) Paragraph (1) applies to a person who, on or after January

1, 1987, moves without a break in service—

‘‘(A) from employment in the Department of Defense that

is not employment in a defense nonappropriated fund

instrumentality to employment in a defense nonappropriated

fund instrumentality; or

‘‘(B) from employment in the Coast Guard that is not

employment in a Coast Guard nonappropriated fund instrumentality to employment in a Coast Guard nonappropriated fund

instrumentality.

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

of Transportation, shall prescribe regulations to carry out this subsection.

‘‘(6) In this subsection:

‘‘(A) The term ‘defense nonappropriated fund instrumentality’ means a nonappropriated fund instrumentality of the

Department of Defense.

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

instrumentality’ means a nonappropriated fund instrumentality

of the Coast Guard.

‘‘(C) The term ‘nonappropriated fund instrumentality’

means a nonappropriated fund instrumentality described in

section 2105(c) of this title.’’.

(b) APPLICABILITY.—Subsection (h) of section 5595 of title 5,

United States Code, as added by subsection (a), shall apply with

respect to pay periods that begin on or after the date of the enactment of this Act.

SEC. 344. RETIREMENT CREDIT FOR CERTAIN SERVICE IN

NONAPPROPRIATED FUND INSTRUMENTALITIES BEFORE

JANUARY 1, 1987.

(a) STUDY REQUIRED.—The Secretary of Defense, in consultation

with the Director of the Office of Personnel Management, shall

conduct a study to determine the level of interest among employees

referred to in subsection (b) in obtaining credit under the Civil

Service Retirement System or the Federal Employees’ Retirement

System for former service described in such subsection as an
S. 2182—61

employee of a nonappropriated fund instrumentality of the United

States.

(b) EMPLOYEES CONCERNED.—The employees referred to in subsection (a) are employees of the Department of Defense who, for

at least 12 months during the period beginning on January 1,

1966, and ending on December 31, 1986, performed service as

an employee described in section 2105(c) of title 5, United States

Code, conducting a program described in section 8332(b)(16)(A)

of such title.

(c) CONDUCT OF STUDY.—In carrying out the study under subsection (a), the Secretary shall—

(1) provide an opportunity for all employees referred to

in that subsection to express interest in obtaining retirement

credit for the former service in a nonappropriated fund

instrumentality of the United States; and

(2) inform such employees that deposits to the Civil Service

Retirement and Disability Fund would be required of the

interested employees under section 8334(c) of title 5, United

States Code, or section 8411(f) of such title.

(d) REPORT.—Not later than February 1, 1995, the Secretary

shall submit to Congress a report on the results of the study

required by subsection (a). The report shall contain the following:

(1) An analysis of the issues, including existing legal rights

of the employees referred to in subsection (b) under the Civil

Service Retirement System or the Federal Employees’ Retirement System.

(2) A description of the inequities, if any, that may have

been caused by conversion from employment by

nonappropriated fund instrumentalities of the United States

to employment by the Department of Defense. (3) The number of full-time and part-time employees referred to in subsection (b) who are affected by any inequities

described in paragraph (2). (4) The recommendations of the Secretary, if any, for redressing any inequities described in paragraph (2). (5) An assessment of the cost to the Federal Government

of any recommendation referred to in paragraph (4).

SEC. 345. TRAVEL, TRANSPORTATION, AND RELOCATION EXPENSES

OF EMPLOYEES TRANSFERRING TO THE UNITED STATES

POSTAL SERVICE.

(a) IN GENERAL.—(1) Subchapter II of chapter 57 of title 5,

United States Code, is amended by adding at the end the following:

‘‘§ 5735. Travel, transportation, and relocation expenses of

employees transferring to the United States

Postal Service

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,

employees of the Department of Defense described in subsection

(b) may be authorized travel, transportation, and relocation

expenses and allowances in connection with appointments referred

to in such subsection under the same conditions and to the same

extent authorized by this subchapter for transferred employees.

‘‘(b) COVERED EMPLOYEES.—Subsection (a) applies to any

employee of the Department of Defense who—

‘‘(1) is scheduled for separation from the Department, other

than for cause;
S. 2182—62

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

with the United States Postal Service; and

‘‘(3) accepts the appointment.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding after the item relating to section 5734 the

following new item:

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

the United States Postal Service.’’.

(b) APPLICABILITY.—The amendments made by subsection (a)

shall apply to persons separated from employment with the Department of Defense on or after the date of the enactment of this

Act.

SEC. 346. FOREIGN EMPLOYEES COVERED BY THE FOREIGN NATIONAL

EMPLOYEES SEPARATION PAY ACCOUNT.

Section 1581 of title 10, United States Code, is amended—

(1) by striking out ‘‘foreign national employees of the

Department of Defense’’ each place it appears in subsections

(a) and (b) and inserting in lieu thereof ‘‘foreign nationals

referred to in subsection (e)’’; and

(2) by striking out subsection (e) and inserting in lieu

thereof the following:

‘‘(e) EMPLOYEES COVERED.—This section applies only with

respect to separation pay of foreign nationals employed by the

Department of Defense, and foreign nationals employed by a foreign

government for the benefit of the Department of Defense, under

any of the following agreements that provide for payment of separation pay:‘‘(1) A contract.

‘‘(2) A treaty.

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

nation.’’.

SEC. 347. REPORT ON CONVERSION OF CERTAIN POSITIONS TO

PERFORMANCE BY DEPARTMENT OF DEFENSE EMPLOYEES.

(a) FINDINGS.—Congress makes the following findings: (1) In order to ensure an optimum level of availability

of members of the Armed Forces for assignment to combat

units, it is the policy of the Department of Defense to assign

employees of the Department of Defense to replace military

personnel in Department of Defense positions to which assignment of military personnel can no longer be justified under

current circumstances.

(2) Assignment of employees of the Department of Defense

to such positions can provide valuable continuity for the

performance of many missions of the Department while enhancing the readiness and military capability of the Armed Forces.

(3) During the Persian Gulf War, employees of the Department of Defense, employees of other Federal agencies, and

employees of civilian contractors, by their distinguished service

in the theater of operations, demonstrated the valuable contributions that civilian personnel can make to the performance

of Department of Defense functions.

(4) The performance of Department of Defense functions

by employees of the Department is often less costly than the

performance of those functions by military personnel.
S. 2182—63

(5) The percentage of certain support positions that are

filled by employees of the Department of Defense varies significantly among the military departments.

(6) The Secretary of Defense is reviewing the extent to

which employees of the Department of Defense should replace

military personnel in Department of Defense positions.

(b) REQUIREMENT FOR REPORT.—Not later than April 30, 1995,

the Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on

the efforts of the Secretary—

(1) to identify positions in the Department of Defense to

which continued assignment of military personnel is no longer

justified under current circumstances; and

(2) to assign employees of the Department of Defense to

replace military personnel in those positions.

(c) CONTENT OF REPORT.—The report required by subsection

(b) shall contain the following:

(1) The number of positions identified by the Secretary,

including the positions in which employees of the Department

of Defense have replaced military personnel and the positions

to which employees of the Department of Defense are planned

to be assigned to replace military personnel.

(2) The cost of carrying out the planned changes in assignments.

(3) A discussion of the effects of such changes on workforce

restructuring plans of the Department.

(4) A discussion of the efforts of the Secretary to encourage

within the Department of Defense the assignment of employees

of the Department to replace military personnel. (5) An explanation of the justifications for maintaining

variances in excess of 20 percent among the military departments in the percentage of support positions common to two

or more military departments that are filled by employees

of the Department of Defense rather than military personnel.

SEC. 348. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM.

(a) AUTHORITY.—The Secretary of Defense may establish a pilot

program for the payment of incentives in accordance with this

section to facilitate the reemployment of eligible employees of the

Department of Defense whose employment with the Department

is being terminated by reason of the closure or realignment of

the military installations where such persons are employed. Under

the pilot program, the Secretary may pay retraining and relocation

incentives to encourage non-Federal employers to hire and retain

such employees.

(b) ELIGIBLE EMPLOYEES.—For purposes of this section, an

eligible employee is an employee of the Department of Defense,

serving under an appointment without time limitation, who has

been employed by the Department of Defense for a continuous

period of at least 12 months and who has been given notice of

separation pursuant to a reduction in force, except that such term

does not include—

(1) a reemployed annuitant under subchapter III of chapter

83 of title 5, United States Code, chapter 84 of such title,

or another retirement system for employees of the Government;

(2) an employee who, upon separation from Federal service,

is eligible for an immediate annuity under subchapter III of
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chapter 83 of title 5, United States Code, or subchapter II

of chapter 84 of such title; or

(3) an employee who is eligible for disability retirement

under any of the retirement systems referred to in paragraph

(1).

(c) RETRAINING INCENTIVE.—(1) Under the pilot program, the

Secretary may enter into an agreement with a non-Federal employer

under which the non-Federal employer agrees—

(A) to employ a person referred to in subsection (a) for

at least 12 months for a salary which is mutually agreeable

to the employer and such person; and

(B) to certify to the Secretary the cost incurred by the

employer for any necessary training provided to such person

in connection with the employment by that employer.

(2) The Secretary shall pay a retraining incentive to the nonFederal employer upon the employee’s completion of 12 months

of continuous employment by that employer. Subject to subsection

(f), the Secretary shall prescribe the amount of the incentive.

(3) The Secretary shall pay a prorated amount of the full

retraining incentive to the non-Federal employer for an employee

who does not remain employed by the non-Federal employer for

at least 12 months.

(4) In no event may the amount of the retraining incentive

paid for the training of any one person under the pilot program

exceed the amount certified for that person under paragraph (1).

(d) RELOCATION INCENTIVE.—The Secretary may pay a relocation incentive to an eligible employee if it is necessary for the

employee to relocate in order to commence employment with a

non-Federal employer under the pilot program. Subject to subsection

(f), the amount of the incentive shall be equal to the total amount

authorized to be paid for travel, transportation, and subsistence

expenses under subchapter II of chapter 57 of title 5, United States

Code, including the reimbursements authorized under section 5724b

of such title, to a Federal employee being transferred between

the same locations as the person paid the incentive.

(e) APPROVAL OF SECRETARY OF DEFENSE.—The Secretary of

a military department or the head of a Defense Agency may offer

an incentive under the pilot program with the prior approval of

the Secretary of Defense or pursuant to a delegation of authority

by the Secretary of Defense.

(f) LIMITATION.—The total amount of incentives paid in the

case of a person under the pilot program may not exceed $10,000.

(g) DURATION.—No incentive may be paid under the pilot program for training or relocations commenced after September 30,

1999.

(h) DEFINITIONS.—In this section:

(1) The term ‘‘non-Federal employer’’ means an employer

that is not an Executive agency, as defined in section 105

of title 5, United States Code, or the legislative or judicial

branch of the Federal Government.

(2) The term ‘‘Defense Agency’’ has the meaning given

such term in section 101(a)(11) of title 10, United States Code.
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SEC. 349. UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES

OF THE DEPARTMENT OF DEFENSE ASSIGNED TO

NONAPPROPRIATED FUND INSTRUMENTALITIES.

(a) IN GENERAL.—Not later than October 1, 1995, the Secretary

of Defense shall take such steps as may be necessary to provide

a uniform health benefits program for employees of the Department

of Defense assigned to a nonappropriated fund instrumentality of

the Department.

(b) PROGRESS REPORT.—Not later than March 15, 1995, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on

the progress made by the Secretary in implementing subsection

(a).

Subtitle F—Department of Defense Domestic and Overseas Dependents’ Schools

SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DEFENSE DOMESTIC ELEMENTARY AND SECONDARY SCHOOLS FOR

DEPENDENTS.

(a) CONTINUED AUTHORITY.—Chapter 108 of title 10, United

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

section:

‘‘§ 2164. Department of Defense domestic dependent

elementary and secondary schools

‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary of Defense

makes a determination that appropriate educational programs are

not available through a local educational agency for dependents

of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation

in the United States (including territories, commonwealths, and

possessions of the United States), the Secretary may enter into

arrangements to provide for the elementary or secondary education

of the dependents of such members of the armed forces and, to

the extent authorized in subsection (c), the dependents of such

civilian employees. The Secretary may, at the discretion of the

Secretary, permit dependents of members of the armed forces and,

to the extent provided in subsection (c), dependents of civilian

employees of the Federal Government residing in a territory,

commonwealth, or possession of the United States but not on a

military installation, to enroll in an educational program provided

by the Secretary pursuant to this subsection. ‘‘(b) FACTORS FOR SECRETARY TO CONSIDER.—(1) Factors to

be considered by the Secretary of Defense in making a determination under subsection (a) shall include the following: ‘‘(A) The extent to which such dependents are eligible for

free public education in the local area adjacent to the military

installation.

‘‘(B) The extent to which the local educational agency is

able to provide an appropriate educational program for such

dependents.

‘‘(2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary,
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is comparable to a program of free public education provided for

children by the following local educational agencies:

‘‘(A) In the case of a military installation located in a

State (other than an installation referred to in subparagraph

(B)), local educational agencies in the State that are similar

to the local educational agency referred to in paragraph (1)(B).

‘‘(B) In the case of a military installation with boundaries

contiguous to two or more States, local educational agencies

in the contiguous States that are similar to the local educational

agency referred to in paragraph (1)(B).

‘‘(C) In the case of a military installation located in a

territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered

appropriate for the purposes of paragraph (1)(B) only if the

program is conducted in the English language.

‘‘(c) ELIGIBILITY OF DEPENDENTS OF FEDERAL EMPLOYEES.—

(1) A dependent of a Federal employee residing in permanent living

quarters on a military installation at any time during the school

year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents residing

on such installation.

‘‘(2)(A) Except as provided in subparagraphs (B) and (C), a

dependent of a Federal employee who is enrolled in an educational

program provided by the Secretary pursuant to subsection (a) and

who is not residing on a military installation may be enrolled

in the program for not more than five consecutive school years.

‘‘(B) A dependent referred to in subparagraph (A) may be

enrolled in the program for more than five consecutive school years

if the Secretary determines that, in the interest of the dependent’s

educational well-being, there is good cause to extend the enrollment

for more than the five-year period described in such subparagraph.

Any such extension may be made for only one school year at

a time.

‘‘(C) Subparagraph (A) shall not apply to an individual who

is a dependent of a Federal employee in the excepted service (as

defined in section 2103 of title 5) and who is enrolled in an educational program provided by the Secretary pursuant to subsection

(a) in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands.

‘‘(3) A dependent of a Federal employee may continue enrollment in a program under this subsection for the remainder of

a school year notwithstanding a change during such school year

in the status of the Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent

to be enrolled in the program. The preceding sentence does not

limit the authority of the Secretary to remove the dependent from

enrollment in the program at any time for good cause determined

by the Secretary.

‘‘(d) SCHOOL BOARDS.—(1) The Secretary of Defense shall provide for the establishment of a school board for Department of

Defense elementary and secondary schools established at each military installation under this section.

‘‘(2) The school board shall be composed of the number of

members, not fewer than three, prescribed by the Secretary.
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‘‘(3) The parents of the students attending the school shall

elect the school board in accordance with procedures which the

Secretary shall prescribe.

‘‘(4)(A) A school board elected for a school under this subsection

may participate in the development and oversight of fiscal, personnel, and educational policies, procedures, and programs for the

school, except that the Secretary may issue any directive that

the Secretary considers necessary for the effective operation of

the school or the entire school system.

‘‘(B) A directive referred to in subparagraph (A) shall, to the

maximum extent practicable, be issued only after the Secretary

consults with the appropriate school boards elected under this subsection. The Secretary shall establish a process by which a school

board or school administrative officials may formally appeal the

directive to the Secretary of Defense.

‘‘(5) Meetings conducted by the school board shall be open

to the public, except as provided in paragraph (6).

‘‘(6) A school board need not comply with the provisions of

the Federal Advisory Committee Act (5 U.S.C. App.), but may

close meetings in accordance with such Act.

‘‘(e) ADMINISTRATION AND STAFF.—(1) The Secretary of Defense

may enter into such arrangements as may be necessary to provide

educational programs at the school.

‘‘(2) The Secretary may, without regard to the provisions of

any other law relating to the number, classification, or compensation

of employees—

‘‘(A) establish positions for civilian employees in schools

established under this section;

‘‘(B) appoint individuals to such positions; and

‘‘(C) fix the compensation of such individuals for service

in such positions.

‘‘(3)(A) Except as provided in subparagraph (B), in fixing the

compensation of employees appointed for a school pursuant to paragraph (2), the Secretary shall consider— ‘‘(i) the compensation of comparable employees of the local

educational agency in the capital of the State where the military

installation is located;

‘‘(ii) the compensation of comparable employees in the local

educational agency that provides public education to students

who reside adjacent to the military installation; and ‘‘(iii) the average compensation for similar positions in not

more than three other local educational agencies in the State

in which the military installation is located.

‘‘(B) In fixing the compensation of employees in schools established in the territories, commonwealths, and possessions pursuant

to the authority of this section, the Secretary shall determine the

level of compensation required to attract qualified employees. For

employees in such schools, the Secretary, without regard to the

provisions of title 5, may provide for the tenure, leave, hours of

work, and other incidents of employment to be similar to that

provided for comparable positions in the public schools of the District of Columbia. For purposes of the first sentence, a school

established before the effective date of this section pursuant to

authority similar to the authority in this section shall be considered

to have been established pursuant to the authority of this section.

‘‘(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND PROTECTIONS

FOR CHILDREN.—(1) The Secretary shall provide the following sub-
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stantive rights, protections, and procedural safeguards (including

due process procedures) in the educational programs provided for

under this section:

‘‘(A) In the case of children with disabilities aged 3 to

5, inclusive, all substantive rights, protections, and procedural

safeguards (including due process procedures) available to children with disabilities aged 3 to 5, inclusive, under part B

of the Individuals with Disabilities Education Act (20 U.S.C.

1411 et seq.).

‘‘(B) In the case of infants and toddlers with disabilities,

all substantive rights, protections, and procedural safeguards

(including due process procedures) available to infants and

toddlers with disabilities under part H of such Act (20 U.S.C.

1471 et seq.).

‘‘(C) In the case of all other children with disabilities,

all substantive rights, protections, and procedural safeguards

(including due process procedures) available to children with

disabilities who are 3 to 5 years old under part B of such

Act.

‘‘(2) Paragraph (1) may not be construed as diminishing for

children with disabilities enrolled in day educational programs provided for under this section the extent of substantive rights, protections, and procedural safeguards that were available under section

6(a) of Public Law 81–874 (20 U.S.C. 241(a)) to children with

disabilities as of October 7, 1991.

‘‘(3) In this subsection:

‘‘(A) The term ‘children with disabilities’ has the meaning

given the term in section 602(a)(1) of the Individuals with

Disabilities Education Act (20 U.S.C. 1401(a)(1)).

‘‘(B) The term ‘children with disabilities aged 3 to 5, inclusive’ means such term as used in such Act (20 U.S.C. 1400

et seq.).

‘‘(C) The term ‘infants and toddlers with disabilities’ has

the meaning given the term in section 672(1) of such Act

(20 U.S.C. 1472(1)).

‘‘(g) REIMBURSEMENT.—When the Secretary of Defense provides

educational services under this section to an individual who is

a dependent of an employee of a Federal agency outside the Department of Defense, the head of the other Federal agency shall, upon

request of the Secretary of Defense, reimburse the Secretary for

those services at rates routinely prescribed by the Secretary for

those services. Any payments received by the Secretary under this

subsection shall be credited to the account designated by the Secretary for the operation of educational programs under this section.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

(c) SAVINGS PROVISION.—Nothing in section 2164 of title 10, United States Code, as added by subsection (a), shall be construed

as affecting the rights in existence on the date of the enactment

of this Act of an employee of any school established under such

section (or any other provision of law enacted before the date

of the enactment of this Act that established a similar school)
S. 2182—69

to negotiate or bargain collectively with the Secretary with respect

to wages, hours, and other terms and conditions of employment.

SEC. 352. REPORT ON CALCULATION AND RECOVERY OF TUITION

COSTS OF CERTAIN STUDENTS ENROLLED IN SCHOOLS

OF THE DEFENSE DEPENDENTS’ EDUCATION SYSTEM.

(a) REPORT.—Not later than March 31, 1995, the Secretary

of Defense shall submit to the Committees on Armed Services

of the Senate and House of Representatives and the Committee

on Education and Labor of the House of Representatives a report

on the calculation and application of the tuition rate required to

be determined under section 1404(b) of the Defense Dependents’

Education Act of 1978 (20 U.S.C. 923(b)).

(b) CONTENTS OF REPORT.—The report required by subsection

(a) shall contain the following:

(1) A description of—

(A) the costs included in the tuition rate;

(B) the method by which the tuition rate is determined;

and

(C) the method by which any increase in the tuition

rate is determined.

(2) An analysis of—

(A) the variation in the cost of providing educational

services in the defense dependents’ education system in

different geographic locations; and

(B) the extent to which the imposition of a uniform

tuition rate enables the system to receive adequate funds

to defray the cost of providing educational services to tuition-paying students.

(3) Recommendations of the Secretary with respect to

improvements that may be made in the determination and

application of the tuition rate.

SEC. 353. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT OF

DEFENSE DOMESTIC ELEMENTARY AND SECONDARY

SCHOOLS.

(a) AUTHORITY.—Section 2605 of title 10, United States Code,

is amended—

(1) by striking out ‘‘the defense dependents’ education system provided for under the Defense Dependents’ Education

Act of 1978 (20 U.S.C. 921 et seq.)’’ in subsection (a) and

inserting in lieu thereof ‘‘a defense dependents’ school’’; and

(2) by striking out ‘‘the defense dependent’s education system’’ in subsection (b) and inserting in lieu thereof ‘‘defense

dependents’ schools’’.

(b) DEFINITION.—Such section is further amended by adding

at the end the following new subsection:

‘‘(g) In this section, the term ‘defense dependents’ school’ means

the following:

‘‘(1) A school established as part of the defense dependents’

education system provided for under the Defense Dependents’

Education Act of 1978 (20 U.S.C. 921 et seq.).

‘‘(2) An elementary or secondary school established pursuant to section 2164 of this title.’’.

(c) CLERICAL AMENDMENTS.—(1) The heading of such section

is amended to read as follows:
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‘‘§ 2605. Acceptance of gifts for defense dependents’ schools’’.

(2) The item relating to such section in the table of sections at the beginning of chapter 155 of such title is amended to read

as follows:

‘‘2605. Acceptance of gifts for defense dependents’ schools.’’.

SEC. 354. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES

AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) AVAILABILITY OF FUNDS.—Of the amounts authorized to

be appropriated in section 301(5)— (1) $50,000,000 shall be available for providing educational agencies assistance (as defined in subsection (c)(1)) to local

educational agencies; and (2) $8,000,000 shall be available for making educational agencies payments (as defined in subsection (c)(2)) to local

educational agencies.

(b) NOTIFICATION AND DISBURSAL.—(1) Not later than June

30, 1995—

(A) the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 1995 of that agency’s eligibility for such

assistance and the amount of such assistance for which that

agency is eligible; and (B) the Secretary of Education shall notify each local educational agency that is eligible for an educational agencies

payment for fiscal year 1995 of that agency’s eligibility for

such payment and the amount of the payment for which that

agency is eligible.

(2) The Secretary of Defense (with respect to funds made available under subsection (a)(1)) and the Secretary of Education (with

respect to funds made available under subsection (a)(2)) shall disburse such funds not later than 30 days after the date on which

notification to the eligible local education agencies is provided

pursuant to paragraph (1).

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘educational agencies assistance’’ means

assistance authorized under subsection (b) of section 386 of

the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102–484; 106 Stat. 2395; 20 U.S.C. 238 note).

(2) The term ‘‘educational agencies payments’’ means payments authorized under subsection (d) of that section.

Subtitle G—Reviews, Studies, and Reports

SEC. 361. REPORTS ON TRANSFERS OF CERTAIN OPERATION AND

MAINTENANCE FUNDS.

(a) ANNUAL REPORTS.—In each of 1995, 1996, and 1997, the

Secretary of Defense shall submit to the congressional defense

committees, not later than the date on which the President submits

the budget pursuant to section 1105 of title 31, United States

Code, in that year, a report on the following:

(1) Each transfer of amounts provided in an appropriation

Act to the Department of Defense for the activities referred

to in subsection (c) between appropriations during the preceding

fiscal year, including the reason for the transfer.
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(2) Each transfer of amounts provided in an appropriation

Act to the Department of Defense for an activity referred to

in subsection (c) within that appropriation for any other such

activity during the preceding fiscal year, including the reason

for the transfer.

(b) MIDYEAR REPORTS.—On May 1 of each of 1995, 1996, and

1997, the Secretary of Defense shall submit to the congressional

defense committees a report on the following:

(1) Each transfer during the first six months of the fiscal

year in which the report is submitted of amounts provided

in an appropriation Act to the Department of Defense for the

activities referred to in subsection (c) between appropriations,

including the reason for the transfer.

(2) Each transfer during the first six months of the fiscal

year in which the report is submitted of amounts provided

in an appropriation Act to the Department of Defense for an

activity referred to in subsection (c) within that appropriation

for any other such activity, including the reason for the transfer.

(c) COVERED ACTIVITIES.—The activities referred to in subsections (a) and (b) are the following:

(1) Activities for which amounts are appropriated for the

Army for operation and maintenance for operating forces for

(A) combat units, (B) tactical support, (C) force-related training/

special activities, (D) depot maintenance, and (E) JCS exercises.

(2) Activities for which amounts are appropriated for the

Navy for operation and maintenance for operating forces for

(A) mission and other flight operations, (B) mission and other

ship operations, (C) fleet air training, (D) ship operational

support and training, (E) aircraft depot maintenance, and (F)

ship depot maintenance.

(3) Activities for which amounts are appropriated for the

Air Force for operation and maintenance for operating forces

for (A) primary combat forces, (B) primary combat weapons,

(C) global and early warning, (D) air operations training, (E)

depot maintenance, and (F) JCS exercises.

(d) REPEAL.—Section 377 of the National Defense Authorization

Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1638)

is hereby repealed.

SEC. 362. REVIEW AND REPORT ON USE OF OPERATION AND MAINTENANCE FUNDS BY THE DEPARTMENT OF DEFENSE.

(a) REVIEW.—The Secretary of Defense shall review all operation and maintenance accounts of the Department of Defense

to determine the extent to which funds appropriated to those

accounts are used for an activity for which funds have been appropriated to, or are more appropriately made available from, accounts

of the Department for procurement, research, development, test,

and evaluation, or military construction.

(b) REPORT.—Not later than March 31, 1995, the Secretary

shall submit to the Committees on Armed Services of the Senate

and House of Representatives a report on the results of the review

conducted under subsection (a).

SEC. 363. COST COMPARISON STUDIES FOR CONTRACTS FOR

ADVISORY AND ASSISTANCE SERVICES.

(a) IN GENERAL.—(1) Chapter 141 of title 10, United States

Code, is amended by adding at the end the following new section:
S. 2182—72

‘‘§ 2410l. Contracts for advisory and assistance services: cost

comparison studies

‘‘(a) REQUIREMENT.—(1)(A) Before the Secretary of Defense

enters into a contract described in subparagraph (B), the Secretary

shall determine whether Department of Defense personnel have

the capability to perform the services proposed to be covered by

the contract.

‘‘(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected

to have a value in excess of $100,000.

‘‘(2) If the Secretary determines that Department of Defense

personnel have the capability to perform the services to be covered

by the contract, the Secretary shall conduct a study comparing

the cost of performing the services with Department of Defense

personnel and the cost of performing the services with contractor

personnel.

‘‘(b) WAIVER.—The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform

a cost comparison study under subsection (a)(2) based on factors

that are not related to cost.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘2410l. Contracts for advisory and assistance services: cost comparison studies.’’.

(b) PROCEDURES FOR CONDUCT OF STUDIES.—The Secretary of

Defense shall prescribe the following procedures:

(1) Procedures for carrying out a cost comparison study

under subsection (a)(2) of section 2410l of title 10, United

States Code, as added by subsection (a), which may contain

a requirement that the cost comparison study include consideration of factors that are not related to cost, including the

quality of the service required to be performed, the availability

of Department of Defense personnel, the duration and recurring

nature of the services to be performed, and the consistency

of the workload.

(2) Procedures for reviewing contracts entered into after

a waiver under subsection (b) of such section to determine

whether the contract is justified and sufficiently documented.

(c) EFFECTIVE DATE.—Section 2410l of title 10, United States

Code, as added by subsection (a), shall take effect 180 days after

the date of the enactment of this Act.

SEC. 364. REVIEW BY DEFENSE INSPECTOR GENERAL OF COST

GROWTH IN CERTAIN CONTRACTS.

(a) REVIEW.—The Inspector General of the Department of

Defense shall carry out a review of a representative sample of

existing contracts for the performance of commercial activities which

resulted from a cost comparison study conducted by the Department

of Defense under Office of Management and Budget Circular A–

76 (or any successor administrative regulation or policy) to determine the extent to which the cost incurred by a contractor under

any such contract has exceeded the cost of the contract at the

time the contract was entered into.

(b) REPORT.—Not later than April 1, 1995, the Inspector General shall submit to the Committees on Armed Services of the

Senate and House of Representatives a report containing the results

of the review carried out under subsection (a).
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Subtitle H—Other Matters

SEC. 371. ARMED FORCES RETIREMENT HOME.

(a) INCREASED MAXIMUM LIMITATION ON DEDUCTIONS FROM

PAY.—Section 1007(i)(1) of title 37, United States Code, is amended

by striking out ‘‘50 cents’’ and inserting in lieu thereof ‘‘$1.00’’.

(b) MODIFICATION OF FEES PAID BY RESIDENTS.—(1) Paragraph

(2) of section 1514(c) of the Armed Forces Retirement Home Act

of 1991 (24 U.S.C. 414(c)) is amended to read as follows:

‘‘(2) The fee shall be fixed as a percentage of the monthly

income and monthly payments (including Federal payments)

received by a resident, subject to such adjustments in the fee

as the Retirement Home Board may make under paragraph (1).

The percentage shall be the same for each establishment of the

Retirement Home.’’.

(2)(A) Subsections (d) and (e) of section 1514 of such Act are

repealed.

(B) Such section is further amended by adding after subsection

(c) the following new subsection (d):

‘‘(d) APPLICATION OF FEES.—Subject to such adjustments in

the fee as the Retirement Home Board may make under subsection

(c), each resident of the Retirement Home shall be required to

pay a monthly fee equal to the amount determined by multiplying

the total amount of all monthly income and monthly payments

(including Federal payments) received by the resident by a percentage as follows:

‘‘(1) In the case of a permanent health care resident—

‘‘(A) in fiscal year 1998, 35 percent;

‘‘(B) in fiscal year 1999, 45 percent; and

‘‘(C) in fiscal year 2000, 65 percent.

‘‘(2) In the case of a resident who is not a permanent

health care resident—

‘‘(A) in fiscal year 1998, 30 percent;

‘‘(B) in fiscal year 1999, 35 percent; and

‘‘(C) in fiscal year 2000, 40 percent.’’.

(c) MODERNIZATION OF FACILITIES.—(1) The Chairman of the

Armed Forces Retirement Home Board shall carry out a study

to identify and evaluate alternatives for modernization of the facilities at the United States Soldiers’ and Airmen’s Home.

(2) The Chairman shall submit an interim report and a final

report on the results of the study to the Committees on Armed

Services of the Senate and House of Representatives. The Chairman

shall submit the interim report not later than April 1, 1995, and

the final report not later than December 31, 1995.

(d) EFFECTIVE DATES.—(1) The amendment made by subsection

(a) shall take effect on January 1, 1995, and apply to years that

begin on or after that date.

(2) The amendments made by subsection (b) shall take effect

on October 1, 1997.

SEC. 372. LIMITATION ON USE OF APPROPRIATED FUNDS FOR OPERATION OF ARMED FORCES RECREATION CENTER,

EUROPE.

(a) LIMITATION.—Subchapter I of chapter 134 of title 10, United

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

section:
S. 2182—74

‘‘§ 2247. Use of appropriated funds for operation of Armed

Forces Recreation Center, Europe: limitation

‘‘(a) LIMITATION.—Except as provided in subsection (b), funds

appropriated to the Department of Defense may not be used to

operate the Armed Forces Recreation Center, Europe.

‘‘(b) EXCEPTION.—Subsection (a) does not apply to the use of

funds for the payment of utilities, real property maintenance, and

transportation of products made in the United States.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the

following new item:

‘‘2247. Use of appropriated funds for operation of Armed Forces Recreation Center,

Europe: limitation.’’.

SEC. 373. LIMITATION ON RETENTION OF MORALE, WELFARE, AND

RECREATION FUNDS BY MILITARY INSTALLATIONS.

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

is amended by adding at the end the following new section:

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

by military installations: limitation

‘‘Amounts may not be retained in a nonappropriated morale,

welfare, and recreation account of a military installation of a military department in excess of the amount necessary to meet cash

requirements of that installation. Amounts in excess of that amount

shall be transferred to a single, department-wide nonappropriated

morale, welfare, and recreation account of the military department.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

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

limitation.’’.

SEC. 374. SHIPS’ STORES.

(a) EXTENSION OF DEADLINE FOR CONVERSION.—Section 371(a)

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103–160; 107 Stat. 1634; 10 U.S.C. 7604 note) is

amended by striking out ‘‘October 1, 1994’’ and inserting in lieu

thereof ‘‘December 31, 1995’’.

(b) MODIFICATION OF EFFECTIVE DATE.—Section 371(d) of such

Act is amended by striking out ‘‘shall take effect on the date

on which the Secretary of the Navy completes the conversion

referred to in subsection (a)’’ and inserting in lieu thereof ‘‘shall

take effect on October 1, 1994’’.

SEC. 375. OPERATION OF MILITARY EXCHANGE AND COMMISSARY

STORE AT NAVAL AIR STATION FORT WORTH, JOINT

RESERVE CENTER, CARSWELL FIELD.

The Secretary of Defense shall provide for the operation by

the Army and Air Force Exchange Service, until December 31,

1995, of any military exchange and commissary store located at

the Naval Air Station Fort Worth, Joint Reserve Center, Carswell

Field.

SEC. 376. DISPOSITION OF PROCEEDS FROM OPERATION OF THE

NAVAL ACADEMY LAUNDRY.

Section 6971 of title 10, United States Code, is amended—
S. 2182—75

(1) in subsection (a)—

(A) by striking out ‘‘(a)’’; and

(B) in the first sentence, by striking out ‘‘and the Academy dairy’’ and inserting in lieu thereof ‘‘the Academy

dairy, and the Academy laundry’’; and

(2) by striking out subsection (b).

SEC. 377. AUTHORITY TO ISSUE MILITARY IDENTIFICATION CARDS

TO SO-CALLED HONORARY RETIREES OF THE NAVAL AND

MARINE CORPS RESERVES.

(a) AUTHORITY.—The Secretary of the Navy may issue a mili- tary identification card to a member of the Retired Reserve

described in subsection (b).

(b) COVERED MEMBERS.—A member of the Retired Reserve

referred to in subsection (a) is a member of the Naval Reserve

or Marine Corps Reserve who transferred to the Retired Reserve

under section 274(2) of title 10, United States Code, without having

completed the years of service required under section 1331(a)(2)

of such title for eligibility for retired pay under chapter 67 of

such title.

(c) EFFECT ON COMMISSARY AND EXCHANGE BENEFITS.—The

issuance of a military identification card under subsection (a) to

a member of the Retired Reserve does not confer eligibility for

commissary and exchange benefits on that member. (d) LIMITATION ON COLOR AND FORMAT.—The Secretary shall

ensure that the color and format in which a military identification

card is issued under subsection (a) is not similar to the color

and format in which a military identification card is issued by

the Department of Defense to individuals other than members

described in subsection (b).

SEC. 378. REPEAL OF ANNUAL LIMITATION ON EXPENDITURES FOR

EMERGENCY AND EXTRAORDINARY EXPENSES OF THE

DEPARTMENT OF DEFENSE INSPECTOR GENERAL.

Section 127(c) of title 10, United States Code, is amended—

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

(2) by striking out paragraph (2).

SEC. 379. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF DEFENSE

PROPERTY TO EDUCATIONAL INSTITUTIONS AND TRAINING SCHOOLS.

(a) AUTHORITY TO TRANSFER.—Subparagraph (G) of section

2535(b)(1) of title 10, United States Code, is amended to read

as follows:

‘‘(G) notwithstanding title II of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)

and any other provision of law, authorize the transfer to a

nonprofit educational institution or training school, on a

nonreimbursable basis, of any such property already in the

possession of such institution or school whenever the program

proposed by such institution or school for the use of such

property is in the public interest.’’.

(b) TREATMENT OF PROPERTY LOANED BEFORE DECEMBER 31,

1993.—Except for property determined by the Secretary of Defense

to be needed by the Department of Defense, property loaned before

December 31, 1993, to an educational institution or training school

under section 2535(b) of title 10, United States Code, or section

4(a)(7) of the Defense Industrial Reserve Act (as in effect before
S. 2182—76

October 23, 1992) shall be regarded as surplus property. Upon

certification by the Secretary to the Administrator of General Services that the property is being used by the borrowing educational

institution or training school for a purpose consistent with that

for which the property was loaned, the Administrator may authorize

the conveyance of all right, title, and interest of the United States

in such property to the borrower if the borrower agrees to accept

the property. The Administrator may require any additional terms

and conditions in connection with a conveyance so authorized that

the Administrator considers appropriate to protect the interests

of the United States.

SEC. 380. OPERATION OF OVERSEAS FACILITIES OF THE DEPARTMENT

OF DEFENSE BY UNITED STATES FIRMS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that, to the maximum extent practicable, the Secretary of Defense should

give a preference to United States firms in the award of contracts

to operate Department of Defense facilities not in the United States

that provide goods and services to members of the Armed Forces

and the dependents of such members. (b) DEFINITION.—In this section, the term ‘‘United States firm’’

has the meaning given such term in section 2532(d)(1) of title

10, United States Code.

SEC. 381. REQUIREMENTS FOR AUTOMATED INFORMATION SYSTEMS

OF THE DEPARTMENT OF DEFENSE.

(a) DETERMINATION REQUIRED.—(1) Not later than March 15

in each of 1995, 1996, and 1997, the Secretary of Defense shall— (A) determine whether each automated information system described in paragraph (2) meets the requirements set forth

in subsection (b); and

(B) take appropriate action to end the modernization or

development by the Department of Defense of any such system

that the Secretary determines does not meet such requirements.

(2) An automated information system referred to in paragraph (1) is an automated information system— (A) that is undergoing modernization or development by the Department of Defense; (B) that exceeds $50,000,000 in value; and

(C) that is not a migration system, as determined by the Enterprise Integration Executive Board of the Department of

Defense.

(b) REQUIREMENTS.—The use of an automated information sys- tem by the Department of Defense shall— (1) contribute to the achievement of Department of Defense

strategies for the use of automated information systems; (2) as determined by the Secretary, provide an acceptable benefit from the investment in the system or make a substantial

contribution to the performance of the defense mission for which

the system is used; (3) comply with Department of Defense directives

applicable to life cycle management of automated information

systems; and (4) be based on guidance developed under subsection (c).

(c) GUIDANCE FOR USE.—The Secretary of Defense shall develop

guidance for the use of automated information systems by the

Department of Defense. In developing the guidance, the Secretary

shall consider the following:
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(1) Directives of the Office of Management and Budget

applicable to returns of investment for such systems.

(2) A sound, functional economic analysis.

(3) Established objectives for the Department of Defense

information infrastructure.

(4) Migratory assessment criteria, including criteria under

guidance provided by the Defense Information Systems Agency.

(d) WAIVER.—(1) The Secretary of Defense may waive the

requirements of subsection (a) for an automated information system

if the Secretary determines that the purpose for which the system

is being modernized or developed is of compelling military importance.

(2) If the Secretary exercises the waiver authority provided

in paragraph (1), the Secretary shall include the following in the

next report required by subsection (f):

(A) The reasons for the failure of the automated information

system to meet all of the requirements of subsection (b).

(B) A determination of whether the system is expected

to meet such requirements in the future, and if so, the date

by which the system is expected to meet the requirements.

(e) PERFORMANCE MEASURES AND MANAGEMENT CONTROLS.—

(1) The Secretary of Defense shall establish performance measures

and management controls for the supervision and management

of the activities described in paragraph (2). The performance measures and management controls shall be adequate to ensure, to

the maximum extent practicable, that the Department of Defense

receives the maximum benefit possible from the development, modernization, operation, and maintenance of automated information

systems.

(2) The activities referred to in paragraph (1) are the following:

(A) Accelerated implementation of migration systems.

(B) Establishment of data standards.

(C) Process improvement.

(f) REPORTS.—Not later than March 15 in each of 1995, 1996,

and 1997, the Secretary of Defense shall submit to Congress a

report on the establishment and implementation of the performance

measures and management controls referred to in subsection (e)(1).

Each such report shall also specify—

(1) the automated information systems that, as determined

under subsection (a), meet the requirements of subsection (b);

(2) the automated information systems that, as determined

under subsection (a), do not meet the requirements of subsection (b) and the action taken by the Secretary to end the

use of such systems; and

(3) the automated information systems that, as determined

by the Enterprise Integration Executive Board, are migration

systems.

(g) REVIEW BY COMPTROLLER GENERAL.—Not later than April

30, 1995, the Comptroller General of the United States shall submit

to Congress a report that contains an evaluation of the following:

(1) The progress made by the Department of Defense in

achieving the goals of the corporate information management

program of the Department.

(2) The progress made by the Secretary of Defense in

establishing the performance measures and management controls referred to in subsection (e)(1).
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(3) The progress made by the Department of Defense in using automated information systems that meet the requirements of subsection (b).

(4) The report required by subsection (f) to be submitted

in 1995.

(h) DEFINITIONS.—In this section:

(1) The term ‘‘automated information system’’ means an automated information system of the Department of Defense

described in the exhibits designated as ‘‘IT-43’’ in the budget

submitted to Congress by the President for fiscal year 1995

pursuant to section 1105 of title 31, United States Code. (2) The term ‘‘migration system’’ has the meaning given such term in the document entitled ‘‘Department of Defense

Strategy for Acceleration of Migration Systems and Data Standards’’ attached to the memorandum of the Department of

Defense dated October 13, 1993 (relating to accelerated

implementation of migration systems, data standards, and process improvement).

SEC. 382. PROGRAM TO COMMEMORATE WORLD WAR II.

(a) EXTENSION.—Section 378 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2387;

113 U.S.C. note) is amended by striking out ‘‘1995’’ in subsections

(a) and (b) and inserting in lieu thereof ‘‘1996’’. (b) REPORT.—(1) Not later than March 31, 1995, the Executive

Director of the 50th Anniversary of World War II Commemoration

Committee established by the Department of Defense shall submit

to the Secretary of Defense a report on the reimbursement of

a person for expenses incurred by that person in providing voluntary

support for activities and programs conducted under the commemoration program referred to in section 378(a) of such Act. The report

shall include the recommendations of the Committee on whether

such reimbursement is appropriate, and if so, the extent of the

reimbursement and the conditions upon which it should be provided. (2) Not later than 45 days after receiving the report referred to in paragraph (1), the Secretary of Defense shall submit the

report to the Committees on Armed Services of the Senate and

House of Representatives together with any comments of the Secretary regarding that report.

SEC. 383. ASSISTANCE TO RED CROSS FOR EMERGENCY COMMUNICATIONS SERVICES FOR MEMBERS OF THE ARMED FORCES

AND THEIR FAMILIES.

(a) ASSISTANCE.—The following amounts shall be available for obtaining emergency communications services for members of the

Armed Forces and their families from the American National Red

Cross:

(1) For fiscal year 1995, $14,500,000 of the amount author- ized to be appropriated in section 301(5).

(2) For each of fiscal years 1996 and 1997, $14,500,000

of the amount authorized to be appropriated for the Department

of Defense for that fiscal year for operation and maintenance

for Defense-wide activities.

(b) REPORT.—Not later than November 30 in each of 1994,

1995, and 1996, the Secretary of Defense shall submit to Congress

a report on whether it is necessary for the Department of Defense

to support the emergency communications services of the American

National Red Cross in order to provide such services for members
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of the Armed Forces and their families. The report shall include

the following: (1) An estimate of the amount of funds necessary to provide such support. (2) A projection of the date upon which the American National Red Cross can assume full financial responsibility

for providing such emergency communications services. (3) An assessment of the alternatives available to the Secretary for obtaining such emergency communications services,

including the provision of such services by the Department

of Defense.

SEC. 384. CLARIFICATION OF AUTHORITY TO PROVIDE MEDICAL

TRANSPORTATION UNDER NATIONAL GUARD PILOT PROGRAM.

Paragraph (1) of section 376(h) of the National Defense Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 note) is

amended to read as follows:

‘‘(1) The term ‘health care’ includes the following services: ‘‘(A) Medical care services.

‘‘(B) Dental care services.

‘‘(C) Transportation, by air ambulance or other means, for medical reasons.’’.

SEC. 385. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND

CHARITABLE ORGANIZATIONS.

(a) AUTHORITY TO PROVIDE ASSISTANCE.—Chapter 5 of title

32, United States Code, is amended by adding at the end the

following:

‘‘§ 508. Assistance for certain youth and charitable organizations

‘‘(a) AUTHORITY TO PROVIDE SERVICES.—Members and units

of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training

required under this chapter in any case in which— ‘‘(1) the provision of such services does not adversely affect the quality of that training or otherwise interfere with the

ability of a member or unit of the National Guard to perform

the military functions of the member or unit; ‘‘(2) the services to be provided are not commercially avail- able, or any commercial entity that would otherwise provide

such services has approved, in writing, the provision of such

services by the National Guard;

‘‘(3) National Guard personnel will enhance their military

skills as a result of providing such services; and ‘‘(4) the provision of the services will not result in a significant increase in the cost of the training.

‘‘(b) AUTHORIZED SERVICES.—The services authorized to be provided under subsection (a) are as follows:

‘‘(1) Ground transportation.

‘‘(2) Air transportation in support of Special Olympics.

‘‘(3) Administrative support services.

‘‘(4) Technical training services.

‘‘(5) Emergency medical assistance and services.

‘‘(6) Communications services.

‘‘(c) OTHER AUTHORIZED ASSISTANCE.—Facilities and equipment

of the National Guard, including military property of the United
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States issued to the National Guard and General Services Administration vehicles leased to the National Guard, and General Services

Administration vehicles leased to the Department of Defense, may

be used in connection with providing services to any eligible

organization under this section.

‘‘(d) ELIGIBLE ORGANIZATIONS.—The organizations eligible to

receive services under this section are as follows:

‘‘(1) The Boy Scouts of America.

‘‘(2) The Girl Scouts of America.

‘‘(3) The Boys Clubs of America.

‘‘(4) The Girls Clubs of America.

‘‘(5) The Young Men’s Christian Association.

‘‘(6) The Young Women’s Christian Association.

‘‘(7) The Civil Air Patrol.

‘‘(8) The United States Olympic Committee.

‘‘(9) The Special Olympics.

‘‘(10) The Campfire Boys.

‘‘(11) The Campfire Girls.

‘‘(12) The 4–H Club.

‘‘(13) The Police Athletic League.

‘‘(14) Any other youth or charitable organization designated

by the Secretary of Defense.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:

‘‘508. Assistance for certain youth and charitable organizations.’’.

SEC. 386. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.

(a) DEMONSTRATION PROJECT FOR USE OF PROCEEDS FROM THE

SALE OF CERTAIN PROPERTY.—(1) Section 343(d)(1) of the National

Defense Authorization Act for Fiscal Years 1992 and 1993 (Public

Law 102–190; 105 Stat. 1344) is amended by striking out ‘‘terminate

on December 5, 1994’’ and inserting in lieu thereof ‘‘terminate

on December 5, 1995’’.

(2) Section 343(e) of such Act is amended by striking out ‘‘February 3, 1995’’ and inserting in lieu thereof ‘‘February 3, 1996’’.

(b) AUTHORITY FOR AVIATION DEPOTS AND NAVAL SHIPYARDS

TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND SERVICES.—

Section 1425(e) of the National Defense Authorization Act for Fiscal

Year 1991 (Public Law 101–510; 104 Stat. 1684) is amended by

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

‘‘September 30, 1995’’.

(c) AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR

COMMERCIAL ACTIVITIES.—Section 2468(f) of title 10, United States

Code, is amended by striking out ‘‘September 30, 1994’’ and inserting in lieu thereof ‘‘September 30, 1995’’.

SEC. 387. PROCUREMENT OF PORTABLE VENTILATORS FOR THE

DEFENSE MEDICAL FACILITY OFFICE, FORT DETRICK,

MARYLAND.

Of the funds authorized to be appropriated by section 301(5),

$2,500,000 shall be available for the procurement of portable ventilators for the Defense Medical Facility Office, Fort Detrick, Maryland.
S. 2182—81

TITLE IV—MILITARY PERSONNEL

AUTHORIZATIONS

Subtitle A—Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty

personnel as of September 30, 1995, as follows:

(1) The Army, 510,000.

(2) The Navy, 441,641.

(3) The Marine Corps, 174,000.

(4) The Air Force, 400,051.

SEC. 402. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS

FOR ARMY MAJORS AND LIEUTENANT COLONELS.

(a) VARIATION AUTHORIZED.—In the administration of the

limitation under section 523(a)(1) of title 10, United States Code,

for fiscal years 1995 through 1997, the numbers applicable to officers of the Army serving on active duty in the grades of major

and lieutenant colonel shall be the numbers set forth for that

fiscal year in subsection (b) (rather than the numbers determined

in accordance with the table in that section).

(b) NUMBERS FOR FISCAL YEARS 1995 THROUGH 1997.—The

numbers referred to in subsection (a) are as follows:

Fiscal year:

Number of officers who may be

serving on active duty in the

grade of:

Major Lieutenant colonel

1995 ...................................................................... 12,603 8,506

1996 ...................................................................... 12,870 8,646

1997 ...................................................................... 12,870 8,646.

SEC. 403. EXTENSION OF TEMPORARY VARIATION OF END STRENGTH

LIMITATIONS FOR MARINE CORPS MAJORS AND

LIEUTENANT COLONELS.

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 402

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103–160; 107 Stat. 1639; 10 U.S.C. 523 note) is amended by striking out ‘‘and 1995’’ and inserting in lieu thereof ‘‘through

1997’’.

(b) LIMITATION.—The table in subsection (b) of such section

is amended to read as follows:

‘‘Fiscal year:

Number of officers who may be

serving on active duty in the

grade of:

Major Lieutenant colonel

1994 ...................................................................... 3,023 1,578

1995 ...................................................................... 3,157 1,634
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‘‘Fiscal year:

Number of officers who may be

serving on active duty in the

grade of:

Major Lieutenant colonel

1996 ...................................................................... 3,157 1,634

1997 ...................................................................... 3,157 1,634.’’.

(c) CLERICAL AMENDMENT.—The caption of subsection (b) of

such section is amended by striking out ‘‘AND 1995.—’’ and inserting

in lieu thereof ‘‘THROUGH 1997.—’’.

SEC. 404. INCREASE IN AUTHORIZED STRENGTH FOR MARINE CORPS

GENERAL OFFICERS ON ACTIVE DUTY AFTER FISCAL

YEAR 1995.

Section 526(a)(4) of title 10, United States Code, is amended

by striking out ‘‘before October 1, 1995,’’ and all that follows through

‘‘that date’’.

SEC. 405. MANAGEMENT OF SENIOR GENERAL AND FLAG OFFICER

POSITIONS.

(a) IN GENERAL.—Section 525(b) of title 10, United States Code,

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

‘‘(5)(A) An officer while serving in a position specified in section

604(b) of this title, if serving in the grade of general or admiral,

is in addition to the number that would otherwise be permitted

for that officer’s armed force for officers serving on active duty

in grades above major general or rear admiral, as the case may

be, under the first sentence of paragraph (1) or (2), as applicable. ‘‘(B) Subparagraph (A) does not apply in the case of an officer

serving in such a position if the Secretary of Defense, when considering officers for recommendation to the President for appointment

to fill the vacancy in that position which was filled by that officer,

did not have a recommendation for that appointment from each

Secretary of a military department who (pursuant to section 604(a)

of this title) was required to make such a recommendation.

‘‘(C) This paragraph shall cease to be effective at the end

of September 30, 1997.’’.

(b) LIMITATION ON NUMBER OF 4-STAR POSITIONS.—(1) Chapter

32 of such title is amended by adding at the end the following

new section:

‘‘§ 528. Limitation on number of officers on active duty in

grades of general and admiral

‘‘(a) LIMITATION.—The total number of officers on active duty

after September 30, 1995, in the Army, Air Force, and Marine

Corps in the grade of general and in the Navy in the grade of

admiral may not exceed 32.

‘‘(b) EXCEPTIONS.—The limitation in subsection (a) does not

apply in the case of an officer serving in the grade of general

or admiral in a position that is specifically exempted by law from

being counted for purposes of limitations by law on the total number

of officers that may be on active duty in the grades of general

and admiral or the number of officers that may be on active duty

in that officer’s armed force in the grade of general or admiral.’’.
S. 2182—83

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘528. Limitation on number of officers on active duty in grades of general and admiral.’’.

(c) GREATER SERVICE COMPETITION FOR JOINT 4-STAR POSITIONS.—(1) Chapter 35 of such title is amended by adding at the

end the following new section:

‘‘§ 604. Senior joint officer positions: recommendations to the

Secretary of Defense

‘‘(a) JOINT 4-STAR OFFICER POSITIONS.—(1) Whenever a vacancy

occurs, or is anticipated to occur, in a position specified in subsection

(b)—

‘‘(A) the Secretary of Defense shall require the Secretary

of the Army to submit the name of at least one Army officer,

the Secretary of the Navy to submit the name of at least

one Navy officer and the name of at least one Marine Corps

officer, and the Secretary of the Air Force to submit the name

of at least one Air Force officer for consideration by the Secretary for recommendation to the President for appointment

to that position; and

‘‘(B) the Chairman of the Joint Chiefs of Staff may submit

to the Secretary of Defense the name of one or more officers

(in addition to the officers whose names are submitted pursuant

to subparagraph (A)) for consideration by the Secretary for

recommendation to the President for appointment to that position.

‘‘(2) Whenever the Secretaries of the military departments are

required to submit the names of officers under paragraph (1)(A),

the Chairman of the Joint Chiefs of Staff shall submit to the

Secretary of Defense the Chairman’s evaluation of the performance

of each officer whose name is submitted under that paragraph

(and of any officer whose name the Chairman submits to the Secretary under paragraph (1)(B) for consideration for the same

vacancy). The Chairman’s evaluation shall primarily consider the

performance of the officer as a member of the Joint Staff and

in other joint duty assignments, but may include consideration

of other aspects of the officer’s performance as the Chairman considers appropriate.

‘‘(b) COVERED POSITIONS.—Subsection (a) applies to the following positions:

‘‘(1) Commander of a combatant command.

‘‘(2) Commander, United States Forces, Korea.

‘‘(3) Deputy commander, United States European Command, but only if the commander of that command is also

the Supreme Allied Commander, Europe.

‘‘(c) EXPIRATION.—This section shall cease to be effective at

the end of September 30, 1997.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘604. Senior joint officer positions: recommendations to the Secretary of Defense.’’.

(d) REPORT.—Not later than March 1, 1996, the Secretary of

Defense shall submit to Congress a report on the implementation

of the amendments made by this section. The report shall include

an assessment of the effectiveness of those amendments in meeting

the objective of encouraging more competition among all services
S. 2182—84

for appointment of officers to joint three-star and four-star positions.

The report may include such additional recommendations concerning general and flag officer selection policy as the Secretary considers appropriate.

SEC. 406. TEMPORARY EXCLUSION OF SUPERINTENDENT OF NAVAL

ACADEMY FROM COUNTING TOWARD NUMBER OF SENIOR ADMIRALS AUTHORIZED TO BE ON ACTIVE DUTY.

The officer serving as Superintendent of the United States Naval Academy on the date of the enactment of this Act, while

so serving, shall not be counted for purposes of the limitations

contained in section 525(b)(2) of title 10, United States Code.

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of

September 30, 1995, as follows: (1) The Army National Guard of the United States, 400,000.

(2) The Army Reserve, 242,000.

(3) The Naval Reserve, 102,960

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

(5) The Air National Guard of the United States, 115,581.

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

(7) The Coast Guard Reserve, 8,000.

(b) WAIVER AUTHORITY.—The Secretary of Defense may increase the end strength authorized by subsection (a) by not more than

2 percent. (c) ADJUSTMENTS.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be

reduced proportionately by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which

are on active duty (other than for training) at the end of

the fiscal year, and (2) the total number of individual members not in units

organized to serve as units of the Selected Reserve of such

component who are on active duty (other than for training

or for unsatisfactory participation in training) without their

consent at the end of the fiscal year.

Whenever such units or such individual members are released

from active duty during any fiscal year, the end strength prescribed

for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized

strengths of such units and by the total number of such individual

members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the

reserve components of the Armed Forces are authorized, as of

September 30, 1995, the following number of Reserves to be serving

on full-time active duty or, in the case of members of the National

Guard, full-time National Guard duty for the purpose of organizing,

administering, recruiting, instructing, or training the reserve

components:
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(1) The Army National Guard of the United States, 23,650.

(2) The Army Reserve, 11,940.

(3) The Naval Reserve, 17,510.

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

(5) The Air National Guard of the United States, 9,098.

(6) The Air Force Reserve, 648.

SEC. 413. DELAY IN INCREASE IN NUMBER OF ACTIVE COMPONENT

MEMBERS TO BE ASSIGNED FOR TRAINING COMPATIBILITY WITH GUARD UNITS.

Section 414(c) of the National Defense Authorization Act for

Fiscal Years 1992 and 1993 (10 U.S.C. 261 note) is amended by

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

‘‘September 30, 1996’’.

Subtitle C—Military Training Student

Loads

SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

(a) IN GENERAL.—For fiscal year 1995, the Armed Forces are

authorized average military training student loads as follows:

(1) The Army, 69,420.

(2) The Navy, 43,064.

(3) The Marine Corps, 25,377.

(4) The Air Force, 36,840.

(b) SCOPE.—The average military training student load authorized for an armed force under subsection (a) applies to the active

and reserve components of that armed force.

(c) ADJUSTMENTS.—The average military training student loads

authorized in subsection (a) shall be adjusted consistent with the

end strengths authorized in subtitles A and B. The Secretary of

Defense shall prescribe the manner in which such adjustments

shall be apportioned.

Subtitle D—Authorization of

Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY

PERSONNEL.

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 1995 a total

of $70,938,597,000. The authorization in the preceding sentence

supersedes any other authorization of appropriations (definite or

indefinite) for such purpose for fiscal year 1995.
S. 2182—86

TITLE V—MILITARY PERSONNEL

POLICY

Subtitle A—Officer Personnel Policy

SEC. 501. CONSISTENCY OF WARRANT OFFICER PERSONNEL MANAGEMENT POLICIES WITH POLICIES APPLICABLE TO OTHER

OFFICERS.

(a) EXCEPTION FROM MANDATORY CONSIDERATION BY PROMOTION BOARD.—Section 575(d) of title 10, United States Code,

is amended by inserting ‘‘(except for a warrant officer precluded

from consideration under regulations prescribed by the Secretary

concerned under section 577 of this title)’’ after ‘‘under consideration’’.

(b) SECRETARIAL SUBMISSION OF PROMOTION BOARD REPORT.—

Section 576(f)(1) of such title is amended by striking out the second

sentence.

(c) CERTAIN PROMOTION FORMALITIES DEEMED COMPLETED.—

Section 578 of such title is amended by adding at the end the

following new subsections:

‘‘(e) A warrant officer who is appointed to a higher grade

under this section is considered to have accepted such appointment

on the date on which the appointment is made unless the officer

expressly declines the appointment.

‘‘(f) A warrant officer who has served continuously as an officer

since subscribing to the oath of office prescribed in section 3331

of title 5 is not required to take a new oath upon appointment

to a higher grade under this section.’’.

(d) CLARIFICATION OF WARRANT OFFICERS SUBJECT TO WOMA

AUTHORITIES.—Section 582(2) of such title is amended by inserting

before the period at the end the following: ‘‘(other than retired

warrant officers who were recalled to active duty before February

1, 1992, and have served continuously on active duty since that

date)’’.

SEC. 502. AUTHORITY FOR ORIGINAL REGULAR APPOINTMENTS OF

NAVY AND MARINE CORPS LIMITED DUTY OFFICERS

SERVING IN GRADES ABOVE PAY GRADE O–3 UNDER TEMPORARY APPOINTMENTS.

Section 5589 of title 10, United States Code, is amended—

(1) by redesignating subsections (c), (d), (e), and (f) as

subsections (d), (e), (f), and (g), respectively; and

(2) by inserting after subsection (b) the following new sub- section (c):

‘‘(c)(1) An officer described in paragraph (2) may be given an

original appointment as a regular officer of the Navy or the Marine

Corps, as the case may be, in the grade, and with the date of

rank in that grade, in which the officer is serving on the day

before such original appointment. ‘‘(2) This subsection applies to an officer of the Navy and

Marine Corps who—

‘‘(A) is on the active-duty list;

‘‘(B) holds a permanent enlisted or warrant officer grade;

‘‘(C) is designated for limited duty under subsection (a)

of section 5596 of this title; and
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‘‘(D) is serving in the grade of lieutenant commander or

commander, or in the grade of major or lieutenant colonel,

under a temporary appointment under subsection (d) of section

5596 of this title.’’.

SEC. 503. NAVY AND MARINE CORPS LIMITED DUTY OFFICERS TWICE

HAVING FAILED OF SELECTION FOR PROMOTION.

(a) TREATMENT OF LDOS TWICE HAVING FAILED OF SELECTION.—Section 6383 of title 10, United States Code, is amended—

(1) by redesignating subsections (g), (h), (i), and (j) as

subsections (i), (j), (k), and (l), respectively; and

(2) by striking out subsection (f) and inserting in lieu

thereof the following:

‘‘(f) 18-YEAR RETIREMENT SANCTUARY.—If an officer subject to

discharge under subsection (b), (d), or (e) is (as of the date on

which the officer is to be discharged) not eligible for retirement

under any provision of law but is within two years of qualifying

for retirement under section 6323 of this title, the officer shall

be retained on active duty as an officer designated for limited

duty until becoming qualified for retirement under that section

and shall then be retired under that section, unless the officer

is sooner retired or discharged under another provision of law

or the officer reverts to a warrant officer grade pursuant to subsection (h).

‘‘(g) REENLISTMENT FOR LDOS APPOINTED FROM ENLISTED

GRADES.—(1) An officer subject to discharge under subsection (b),

(d), or (e) who is described in paragraph (2) may, upon the officer’s

request and in the discretion of the Secretary of the Navy, be

enlisted in a grade prescribed by the Secretary upon the officer’s

discharge pursuant to such subsection.

‘‘(2) An officer described in this paragraph is an officer who—

‘‘(A) is not eligible for retirement under any provision of

law;

‘‘(B) is not covered by subsection (f); and

‘‘(C) was in an enlisted grade when first appointed as

an officer designated for limited duty.

‘‘(h) REVERSION TO WARRANT OFFICER GRADE FOR LDOS

APPOINTED FROM WARRANT OFFICER GRADES.—An officer subject

to discharge under subsection (b), (d), or (e) (including an officer

otherwise subject to retention under subsection (f)) who is not

eligible for retirement under any provision of law and who had

the permanent status of a warrant officer when first appointed

as an officer designated for limited duty may, at the officer’s option,

revert to the warrant officer grade and status that the officer

would hold if the officer had not been appointed as an officer

designated for limited duty.’’.

(b) CLARIFICATION OF OFFICERS SUBJECT TO SELECTIVE RETENTION.—Subsection (k) of such section (as redesignated by subsection

(a)(1)) is amended by striking out ‘‘or the discharge under subsection

(d)’’ in the first sentence and inserting in lieu thereof ‘‘or the

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

(c) CONFORMING AMENDMENTS.—Such section is further amended—

(1) in subsection (a) by striking out ‘‘Except as provided

in subsection (i),’’ each place it appears and inserting in lieu

thereof ‘‘Except as provided in subsection (k),’’; and
S. 2182—88

(2) in subsections (b) and (d), by striking out ‘‘Except as

provided in subsection (i),’’ and inserting in lieu thereof ‘‘Except

as provided in subsections (f) and (k),’’.

(d) SUBSECTION HEADINGS.—Such section is further amended

as follows:

(1) Subsection (a) is amended by striking out ‘‘(a)(1)’’ and

inserting in lieu thereof ‘‘(a) MANDATORY RETIREMENT.—(1)’’.

(2) Subsection (b) is amended by inserting ‘‘LIEUTENANT

COMMANDERS AND MAJORS WHO TWICE FAIL OF SELECTION

FOR PROMOTION.—’’ after ‘‘(b)’’.

(3) Subsection (c) is amended by inserting ‘‘RETIRED GRADE

AND RETIRED PAY.—’’ after ‘‘(c)’’.

(4) Subsection (d) is amended by inserting ‘‘NAVY LIEUTENANTS AND MARINE CORPS CAPTAINS WHO TWICE FAIL OF SELECTION FOR PROMOTION.—’’ after ‘‘(d)’’.

(5) Subsection (e) is amended by striking out ‘‘(e)(1)’’ and

inserting in lieu thereof ‘‘(e) OFFICERS IN PAY GRADES O–

2 AND O–1 WHO TWICE FAIL OF SELECTION FOR PROMOTION

OR ARE FOUND NOT QUALIFIED FOR PROMOTION.—(1)’’.

(6) Subsection (i) (as redesignated by subsection (a)(1))

is amended by inserting ‘‘DETERMINATION OF GRADE AND STATUS OF OFFICERS REVERTING TO PRIOR STATUS.—’’ after ‘‘(i)’’.

(7) Subsection (j) (as redesignated by subsection (a)(1))

is amended by inserting ‘‘SEPARATION PAY FOR OFFICERS DISCHARGED.—’’ after ‘‘(j)’’.

(8) Subsection (k) (as redesignated by subsection (a)(1))

is amended by inserting ‘‘SELECTIVE RETENTION BOARDS FOR

LDOS.—’’ after ‘‘(k)’’.

(9) Subsection (l) (as redesignated by subsection (a)(1))

is amended by inserting ‘‘APPLICABILITY OF SECTION ONLY TO

PERMANENT LDOS.—’’ after ‘‘(l)’’.

SEC. 504. SELECTION FOR DESIGNATED JUDGE ADVOCATE GENERAL

AND FLAG OFFICER POSITIONS.

(a) ARMY.—Section 3037 of title 10, United States Code, is

amended by adding at the end the following new subsection: ‘‘(d) Under regulations prescribed by the Secretary of Defense,

the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the

Judge Advocate General or Assistant Judge Advocate General, shall

ensure that the officer selected is recommended by a board of

officers that, insofar as practicable, is subject to the procedures

applicable to selection boards convened under chapter 36 of this

title.’’.

(b) NAVY AND MARINE CORPS.—(1) Section 5148 of such title

is amended—

(A) in subsection (b), by striking out the last sentence

and inserting in lieu thereof the following: ‘‘If an officer

appointed as the Judge Advocate General holds a lower regular

grade, the officer shall be appointed in the regular grade of

rear admiral or major general, as appropriate.’’; and

(B) by striking out subsection (c) and inserting in lieu

thereof the following:

‘‘(c) Under regulations prescribed by the Secretary of Defense,

the Secretary of the Navy, in selecting an officer for recommendation

to the President for appointment as the Judge Advocate General,

shall ensure that the officer selected is recommended by a board
S. 2182—89

of officers that, insofar as practicable, is subject to the procedures

applicable to selection boards convened under chapter 36 of this

title.’’.

(2) Section 5149(a) of such title is amended—

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

(B) by striking out the second and third sentences and

inserting in lieu thereof the following: ‘‘If an officer appointed

as the Deputy Judge Advocate General holds a lower regular

grade, the officer shall be appointed in the regular grade of

rear admiral or major general, as appropriate.’’; and

(C) by adding at the end the following:

‘‘(2) Under regulations prescribed by the Secretary of Defense,

the Secretary of the Navy, in selecting an officer for recommendation

to the President for appointment as the Deputy Judge Advocate

General, shall ensure that the officer selected is recommended

by a board of officers that, insofar as practicable, is subject to

the procedures applicable to selection boards convened under chapter 36 of this title.’’.

(3) Section 5133 of such title is amended—

(A) in subsection (a)—

(i) by striking out ‘‘or the Judge Advocate General’’

in the first sentence; and

(ii) by striking out the second sentence; and

(B) in the first sentence of subsection (b)—

(i) by striking out ‘‘or the Judge Advocate General’’

both places it appears; and

(ii) by striking out ‘‘or major general, as appropriate’’.

(4) Section 5046 of such title—

(A) in subsection (a), by striking out the second sentence

and inserting in lieu thereof the following: ‘‘If an officer

appointed as the Staff Judge Advocate to the Commandant

of the Marine Corps holds a lower regular grade, the officer

shall be appointed in the regular grade of brigadier general.’’;

and

(B) by striking out subsection (b) and inserting in lieu

thereof the following:

‘‘(b) Under regulations prescribed by the Secretary of Defense,

the Secretary of the Navy, in selecting an officer for recommendation

to the President for appointment as the Staff Judge Advocate to

the Commandant of the Marine Corps, shall ensure that the officer

selected is recommended by a board of officers that, insofar as

practicable, is subject to the procedures applicable to selection

boards convened under chapter 36 of this title.’’.

(5) The heading of section 5133, and the item relating to that

section in the table of sections at the beginning of chapter 513

of such title, are each amended by striking out the third through

sixth words.

(c) AIR FORCE.—Section 8037 of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(e) Under regulations prescribed by the Secretary of Defense,

the Secretary of the Air Force, in selecting an officer for recommendation to the President under subsection (a) for appointment

as the Judge Advocate General or under subsection (d) for appointment as the Deputy Judge Advocate General, shall ensure that

the officer selected is recommended by a board of officers that,

insofar as practicable, is subject to the procedures applicable to

selection boards convened under chapter 36 of this title.’’.
S. 2182—90

Subtitle B—Reserve Component Matters

SEC. 511. INCREASED PERIOD OF ACTIVE DUTY FOR RESERVE FORCES

MOBILIZED OTHER THAN DURING WAR OR NATIONAL

EMERGENCY.

(a) REVISION TO PERIOD OF ACTIVE DUTY.—Section 673b of

title 10, United States Code, is amended—

(1) in subsection (a), by striking out ‘‘90 days’’ and inserting

in lieu thereof ‘‘270 days’’; and

(2) by striking out subsection (i).

(b) REPORT REQUIRED.—(1) Not later than April 1, 1995, the

Secretary of Defense shall submit to the congressional defense

committees a report on the desirability of increasing the authority

of the President to order units and members of the reserve components to active duty without the consent of the members concerned.

(2) The report shall include the following:

(A) An analysis of options for increased presidential authority.

(B) An assessment of the effects of each option on recruiting, retention, employer support for the reserve components,

and the families of members of the reserve components.

(C) Programs that the Secretary recommends to mitigate

any negative effects.

(D) Any option that the Secretary recommends.

(E) Any proposed legislation that the Secretary considers

necessary to implement any recommended option.

SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

Section 526 of title 10, United States Code, is amended by

adding at the end the following new subsections: ‘‘(d) NOTICE TO CONGRESS UPON CHANGE IN GRADE FOR CERTAIN

POSITIONS.—(1) Not later than 60 days before an action specified in paragraph (2) may become effective, the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate

and House of Representatives a report providing notice of the

intended action and an analytically based justification for the

intended action.

‘‘(2) Paragraph (1) applies in the case of the following actions: ‘‘(A) A change in the grade authorized as of July 1, 1994,

for a general officer position in the National Guard Bureau,

a general or flag officer position in the Office of a Chief of

a reserve component, or a general or flag officer position in

the headquarters of a reserve component command.

‘‘(B) Assignment of a reserve component officer to a general

officer position in the the National Guard Bureau, to a general

or flag officer position in the Office of a Chief of a reserve

component, or a general or flag officer position in the headquarters of a reserve component command in a grade other

the grade authorized for that position as of July 1, 1994.

‘‘(C) Assignment of an officer other than a general or flag

officer as the military executive to the Reserve Forces Policy

Board.

‘‘(e) EXCLUSION OF CERTAIN OFFICERS.—The limitations of this

section do not apply to a reserve component general or flag officer

who is on active duty for training or who is on active duty under

a call or order specifying a period of less than 180 days.’’.
S. 2182—91

SEC. 513. REVIEW OF OPPORTUNITIES FOR ORDERING INDIVIDUAL

RESERVES TO ACTIVE DUTY WITH THEIR CONSENT.

(a) REVIEW REQUIRED.—The Secretary of Defense shall—

(1) review the opportunities for individual members of the

reserve components of the Armed Forces to be ordered to active

duty, with the consent of the members concerned, during peacetime in positions traditionally filled by active duty personnel;

and

(2) identify and remove any impediments, in regulations

or other administrative rules, to increasing those opportunities.

(b) REPORT.—Not later than 90 days after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Armed Services of the Senate and House of Representatives

a report on the results of the review. The report shall contain—

(1) a plan for increasing the opportunities for individual

members of the reserve components of the Armed Forces to

be ordered to active duty, with the consent of the members

concerned, during peacetime in positions traditionally filled

by active duty personnel; and

(2) a draft of any additional legislation that the Secretary

considers necessary in order to increase those opportunities.

SEC. 514. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.

Section 101(d) of title 10, United States Code, is amended—

(1) by redesignating paragraph (6) as paragraph (7); and

(2) by inserting after paragraph (5) the following new paragraph (6):

‘‘(6)(A) The term ‘active Guard and Reserve duty’ means

active duty or full-time National Guard duty performed by

a member of a reserve component of the Army, Navy, Air

Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard, pursuant to an

order to active duty or full-time National Guard duty for a

period of 180 consecutive days or more for the purpose of

organizing, administering, recruiting, instructing, or training

the reserve components.

‘‘(B) Such term does not include the following:

‘‘(i) Duty performed as a member of the Reserve Forces

Policy Board provided for under section 175 of this title.

‘‘(ii) Duty performed as a property and fiscal officer

under section 708 of title 32.

‘‘(iii) Duty performed for the purpose of interdiction

and counter-drug activities for which funds have been provided under section 112 of title 32.

‘‘(iv) Duty performed as a general or flag officer.

‘‘(v) Service as a State director of the Selective Service

System under section 10(b)(2) of the Military Selective

Service Act (50 U.S.C. App. 460(b)(2)).’’.

SEC. 515. REPEAL OF OBSOLETE PROVISIONS PERTAINING TO TRANSFER OF RETIRED REGULAR ENLISTED MEMBERS TO

RESERVE COMPONENTS.

(a) ARMY.—Section 3914 of title 10, United States Code, is

amended by striking out the second and third sentences.

(b) AIR FORCE.—Section 8914 of such title is amended by striking out the second and third sentences.
S. 2182—92

SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF ACTIVE ARMY

OFFICERS.

Section 1111 of the Army National Guard Combat Readiness

Reform Act of 1992 (title XI of Public Law 102–484; 106 Stat.

2536) is amended by adding at the end the following new subsection:

‘‘(e) LIST OF CERTAIN SEPARATED OFFICERS.—On a semiannual

basis, the Secretary of the Army shall furnish to the Chief of

the National Guard Bureau a list containing the name, home of

record, and last-known mailing address of each officer of the Army

who during the previous six months was honorably separated from

active duty in the grade of major or below.’’.

SEC. 517. EARLY RESERVE RETIREMENT ELIGIBILITY FOR DISABLED

MEMBERS OF SELECTED RESERVE.

Section 1331a(c) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) Notwithstanding the provisions of section 4415(2) of the

Defense Conversion Reinvestment, and Transition Assistance Act

of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the

Secretary concerned may, consistent with the other provisions of

this section, provide the notification required by section 1331(d)

of this title to a member who no longer meets the qualifications

for membership in the Selected Reserve solely because the member

is unfit because of physical disability. Such notification may not

be made if the disability is the result of the member’s intentional

misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary

concerned or was incurred during a period of unauthorized

absence.’’.

SEC. 518. ANNUAL PAYMENTS FOR MEMBERS RETIRED UNDER GUARD

AND RESERVE TRANSITION INITIATIVE.

(a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS.—Subsection

(d) of section 4416 of the Defense Conversion, Reinvestment, and

Transition Assistance Act of 1992 (division D of Public Law 102–

484; 10 U.S.C. 1162 note) is amended—

(1) by striking out ‘‘for 5 years’’ and inserting in lieu

thereof ‘‘for a period of years prescribed by the Secretary concerned’’;

(2) by striking out ‘‘the 5-year period’’ and inserting in

lieu thereof ‘‘that period’’; and

(3) by adding at the end the following: ‘‘A period prescribed

for purposes of this subsection may not be less than one year

nor more than five years.’’.

(b) COMPUTATION OF ANNUAL PAYMENT.—Subsection (e) of such

section is amended by adding at the end the following:

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

age during the 12-month period following the date on which an

annual payment is due, the payment shall be paid on a prorated

basis of one-twelfth of the annual payment for each full month

between the date on which the payment is due and the date on

which the member attains age 60.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply only to payments to a member of the Armed Forces

under subsection (b) of section 4416 of the Defense Conversion,

Reinvestment, and Transition Assistance Act of 1992 (division D
S. 2182—93

of Public Law 102–484) that are granted by the Secretary of Defense

to that member after the date of the enactment of this Act.

SEC. 519. EDUCATIONAL REQUIREMENTS FOR APPOINTMENT IN

RESERVE COMPONENTS IN GRADES ABOVE FIRST

LIEUTENANT OR LIEUTENANT (JUNIOR GRADE).

Section 596 of title 10, United States Code, is amended—

(1) in subsection (a), by striking out ‘‘an accredited educational institution’’ and inserting in lieu thereof ‘‘a qualifying

educational institution’’; and

(2) by adding at the end the following new subsection:

‘‘(c) QUALIFYING EDUCATIONAL INSTITUTIONS.—(1) A qualifying

educational institution for purposes of this section is an educational

institution that is accredited or that meets the requirements of

paragraph (2).

‘‘(2)(A) An unaccredited educational institution shall be considered to be a qualifying educational institution for purposes of the

appointment or recognition of a person who is a graduate of that

institution if the Secretary concerned determines that (as of the

year of the graduation of that person from that institution) at

least three educational institutions that are accredited and that

maintain Reserve Officers’ Training Corps programs each generally

grant baccalaureate degree credit for completion of courses of the

unaccredited institution equivalent to the baccalaureate degree

credit granted by the unaccredited institution for the completion

of those courses.

‘‘(B) In order to assist the Secretary concerned in making determinations under subparagraph (A), any unaccredited institution

that seeks to be considered to be a qualifying educational institution

for purposes of this paragraph shall submit to the Secretary of

Defense each year such information as the Secretary may require

concerning the program of instruction at that institution. ‘‘(C) In the case of a person with a degree from an unaccredited

institution that is a qualifying educational institution under this

paragraph, the degree may not have been awarded more than

three years before the date on which the person is to be appointed

to, or recognized in, the grade of captain or, in the case of the

Naval Reserve, lieutenant, in order for that person to be considered

for purposes of subsection (a) to have been awarded a baccalaureate

degree by a qualifying educational institution.’’.

SEC. 520. LIMITED EXCEPTION FOR ALASKA SCOUT OFFICERS FROM

BACCALAUREATE DEGREE REQUIREMENT FOR APPOINTMENT AS OFFICER IN NATIONAL GUARD ABOVE FIRST

LIEUTENANT.

(a) IN GENERAL.—Subsection (b) of section 596 of title 10,

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

new paragraph:

‘‘(5) Recognition in the grade of captain or major in the

Alaska Army National Guard of a person who resides permanently at a location in Alaska that is more than 50 miles

from each of the cities of Anchorage, Fairbanks, and Juneau,

Alaska, by paved road and who is serving in a Scout unit

or a Scout supporting unit.’’.

(b) CONFORMING STYLISTIC AMENDMENTS.—Such subsection is

further amended by striking out ‘‘an individual’’ in paragraphs

(2) and (3) and inserting in lieu thereof ‘‘a person’’.
S. 2182—94

SEC. 521. SENSE OF CONGRESS CONCERNING THE TRAINING AND MODERNIZATION OF THE RESERVE COMPONENTS.

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

(1) The force structure specified in the report resulting

from the Bottom Up Review conducted by the Department

of Defense during 1993 assumes increased reliance on the

reserve components of the Armed Forces.

(2) The mobilization of the reserve components for the

Persian Gulf War was handicapped by shortfalls in training,

readiness, and equipment.

(3) The mobilization of the Army reserve components for

the Persian Gulf War was handicapped by lack of a standard

readiness evaluation system, which resulted in a lengthy

reevaluation of training and equipment readiness of Army

National Guard and Army Reserve units before they could

be deployed.

(4) Funding and scheduling constraints continue to limit

the opportunity for combat units of the Army National Guard

to carry out adequate maneuver training.

(5) Funding constraints continue to handicap the readiness

and modernization of the reserve components and their interoperability with the active forces.

(b) STANDARD EVALUATION SYSTEM.—It is the sense of Congress

that the Secretary of Defense, with the advice and assistance of

the Chairman of the Joint Chiefs of Staff, should establish—

(1) a standard readiness evaluation system that is uniform

for all forces within each military service; and

(2) a standard readiness rating system that is uniform

for the military departments.

(c) MILITARY DEPARTMENT BUDGETS.—It is the sense of Congress that the Secretary of Defense should assess the budget

submission of each military department each year to determine

(taking into consideration the advice of the Chairman of the Joint

Chiefs of Staff) the extent to which National Guard and reserve

units would, under that budget submission, be trained and modernized to the standards needed for them to carry out the full range

of missions required of them under current Department of Defense

plans. Based upon such assessment each year, the Secretary should

adjust the budget submissions of the military departments as necessary in order to meet the priorities established by the Secretary

of Defense for the total force.

Subtitle C—Victims’ Rights, Family Advocacy, and Nondiscrimination Provisions

SEC. 531. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS

OF THE ARMED FORCES MAKING ALLEGATIONS OF SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION.

(a) IN GENERAL.—Subsection (b) of section 1034 of title 10,

United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘No person may take’’;

(2) by designating the second sentence as paragraph (2)

and in that sentence striking out ‘‘the preceding sentence’’

and inserting in lieu thereof ‘‘paragraph (1)’’; and
S. 2182—95

(3) in the first sentence, by striking out ‘‘or preparing’’

and all that follows through ‘‘may not be restricted.’’ and inserting in lieu thereof the following: ‘‘or preparing—

‘‘(A) a communication to a Member of Congress or an

Inspector General that (under subsection (a)) may not be

restricted; or

‘‘(B) a communication that is described in subsection (c)(2)

and that is made (or prepared to be made) to—

‘‘(i) a Member of Congress;

‘‘(ii) an Inspector General (as defined in subsection

(j));

‘‘(iii) a member of a Department of Defense audit,

inspection, investigation, or law enforcement organization;

or

‘‘(iv) any other person or organization (including any

person or organization in the chain of command) designated

pursuant to regulations or other established administrative

procedures for such communications.’’.

(b) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF

PROHIBITED PERSONNEL ACTIONS.—Subsection (c) of such section

is amended—

(1) by adding at the end of paragraph (1) the following

new sentence: ‘‘If, in the case of an allegation submitted to

the Inspector General of the Department of Defense, the Inspector General delegates the conduct of the investigation of the

allegation to the inspector general of one of the armed forces,

the Inspector General of the Department of Defense shall

ensure that the inspector general conducting the investigation

is outside the immediate chain of command of both the member

submitting the allegation and the individual or individuals

alleged to have taken the retaliatory action.’’; (2) by striking out paragraph (2) and inserting in lieu

thereof the following:

‘‘(2) A communication described in this paragraph is a communication in which a member of the armed forces complains of,

or discloses information that the member reasonably believes constitutes evidence of, any of the following: ‘‘(A) A violation of law or regulation, including a law or

regulation prohibiting sexual harassment or unlawful discrimination.

‘‘(B) Mismanagement, a gross waste of funds, an abuse

of authority, or a substantial and specific danger to public

health or safety.’’; and (3) in the subsection heading, by striking out ‘‘CERTAIN

ALLEGATIONS’’ and inserting in lieu thereof ‘‘ALLEGATIONS OF

PROHIBITED PERSONNEL ACTIONS’’.

(c) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF

WRONGDOING.—Such section is further amended—

(1) by redesignating subsections (d), (e), (f), (g), and (h)

as subsections (f), (g), (h), (i), and (j), respectively; and

(2) by striking out paragraph (4) of subsection (c) and

inserting in lieu thereof the following:

‘‘(d) INSPECTOR GENERAL INVESTIGATION OF UNDERLYING

ALLEGATIONS.—Upon receiving an allegation under subsection (c),

the Inspector General shall conduct a separate investigation of

the information that the member making the allegation believes

constitutes evidence of wrongdoing (as described in subparagraph
S. 2182—96

(A) or (B) of subsection (c)(2)) if there previously has not been

such an investigation or if the Inspector General determines that

the original investigation was biased or otherwise inadequate.’’.

(d) REPORTS ON INVESTIGATIONS.—Such section is further

amended—

(1) by striking out ‘‘(5) Not later than 30 days’’ and inserting

in lieu thereof ‘‘(e) REPORTS ON INVESTIGATIONS.—(1) Not later

than 30 days’’;

(2) in the paragraph redesignated by paragraph (1)—

(A) by striking out ‘‘this subsection’’ and inserting in

lieu thereof ‘‘subsection (c) or (d)’’;

(B) by striking out ‘‘the member of the armed forces

concerned’’ and inserting in lieu thereof ‘‘the member of

the armed forces who made the allegation investigated’’;

and

(C) by striking out the second sentence;

(3) by inserting after the paragraph redesignated by paragraph (1) the following new paragraph:

‘‘(2) In the copy of the report submitted to the member, the

Inspector General shall ensure the maximum disclosure of information possible, with the exception of information that is not required

to be disclosed under section 552 of title 5.’’;

(4) by redesignating paragraphs (6) and (7) as paragraphs

(3) and (4), respectively; and

(5) in paragraph (3), as so redesignated, by striking out

‘‘paragraph (5)’’ and inserting in lieu thereof ‘‘paragraph (1)’’.

(e) DEFINITION.—Subsection (j) of such section, as redesignated

by subsection (c)(1), is amended by adding at the end the following

new paragraph: ‘‘(3) The term ‘unlawful discrimination’ means discrimination on the basis of race, color, religion, sex, or national origin.’’.

(f) CROSS REFERENCE AMENDMENTS.—(1) Subsection (f) of such

section, as redesignated by subsection (c)(1), is amended by striking

out ‘‘subsection (c)(5)’’ in paragraphs (2)(A), (3)(A)(i), and (3)(B)

and inserting in lieu thereof ‘‘subsection (e)(1)’’. (2) Subsection (g) of such section, as redesignated by subsection (c)(1), is amended by striking out ‘‘subsection (d)’’ and inserting

in lieu thereof ‘‘subsection (f)’’.

(g) CLERICAL AMENDMENTS.—(1) The heading of such section

is amended to read as follows:

‘‘§ 1034. Protected communications; prohibition of retaliatory

personnel actions’’.

(2) The table of sections at the beginning of chapter 53 of

such title is amended to read as follows:

‘‘1034. Protected communications; prohibition of retaliatory personnel actions.’’.

(h) DEADLINE FOR REGULATIONS.—The Secretary of Defense

and the Secretary of Transportation shall prescribe regulations

to implement the amendments made by this section not later than

120 days after the date of the enactment of this Act.

(i) CONTENT OF REGULATIONS.—In prescribing regulations

under section 1034 of title 10, United States Code, as amended

by this section, the Secretary of Defense and the Secretary of

Transportation shall provide for appropriate procedural protections

for the subject of any investigation carried out under the provisions
S. 2182—97

of that section, including a process for appeal and review of investigative findings.

SEC. 532. DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON

DISCRIMINATION AND SEXUAL HARASSMENT.

(a) REPORT OF TASK FORCE.—(1) The Department of Defense

Task Force on Discrimination and Sexual Harassment, constituted

by the Secretary of Defense on March 15, 1994, shall transmit

a report of its findings and recommendations to the Secretary

of Defense not later than October 1, 1994.

(2) The Secretary shall transmit to Congress the report of

the task force not later than October 10, 1994.

(b) SECRETARIAL REVIEW.—Not later than 45 days after receiving the report under subsection (a), the Secretary shall—

(1) review the recommendations for action contained in

the report;

(2) determine which recommendations the Secretary

approves for implementation and which recommendations the

Secretary disapproves; and

(3) submit to Congress a report that—

(A) identifies the approved recommendations and the

disapproved recommendations; and

(B) explains the reasons for each such approval and

disapproval.

(c) COMPREHENSIVE DOD POLICY.—(1) Based on the approved

recommendations of the task force and such other factors as the

Secretary considers appropriate, the Secretary shall develop a comprehensive Department of Defense policy for processing complaints

of sexual harassment and discrimination involving members of the

Armed Forces under the jurisdiction of the Secretary. (2) The Secretary shall issue policy guidance for the

implementation of the comprehensive policy and shall require the

Secretaries of the military departments to prescribe regulations

to implement that policy not later than March 1, 1995. (3) The Secretary shall ensure that the policy is implemented

uniformly by the military departments insofar as practicable. (4) Not later than March 31, 1995, the Secretary of Defense

shall submit to Congress a proposal for any legislation necessary

to enhance the capability of the Department of Defense to address

the issues of unlawful discrimination and sexual harassment.

(d) MILITARY DEPARTMENT POLICIES.—(1) The Secretary of the

Navy and the Secretary of the Air Force shall review and revise

the regulations of the Department of the Navy and the Department

of the Air Force, respectively, relating to equal opportunity policy

and procedures in that Department for the making of, and responding to, complaints of unlawful discrimination and sexual harassment

in order to ensure that those regulations are substantially equivalent to the regulations of the Department of the Army on such

matters.

(2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make

such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the

substantial equivalent of the Army regulations in accordance with—

(A) the approved recommendations of the Department of

Defense Task Force on Discrimination and Sexual Harassment;

and
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(B) the experience of the Army, Navy, Air Force, and

Marine Corps regarding equal opportunity cases.

(3) The Secretary of the Army shall review the regulations

of the Department of the Army relating to equal opportunity policy

and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience

described in subparagraphs (A) and (B) of paragraph (2).

(e) REPORT OF ADVISORY BOARD.—(1) The Secretary of Defense

shall direct the Advisory Board on the Investigative Capability

of the Department of Defense, established by the Secretary of

Defense in November 1993, to include in its report to the Secretary

(scheduled to be transmitted to the Secretary during December

1994)—

(A) the recommendations of the Advisory Board as to

whether the current Department of Defense organizational

structure is adequate to oversee all investigative matters

related to unlawful discrimination, sexual harassment, and

other misconduct related to the gender of the victim; and

(B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability

of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the

gender of the victim.

(2) The Secretary shall transmit to Congress the report of

the Advisory Board not later than 15 days after receiving the

report.

(f) PERFORMANCE EVALUATION STANDARDS FOR MEMBERS OF

THE ARMED FORCES.—The Secretary of Defense shall ensure that

Department of Defense regulations governing consideration of equal

opportunity matters in evaluations of the performance of members

of the Armed Forces include provisions requiring as a factor in

such evaluations consideration of a member’s commitment to elimination of unlawful discrimination or of sexual harassment in the

Armed Forces.

SEC. 533. ANNUAL REPORT ON PERSONNEL READINESS FACTORS BY

RACE AND GENDER.

(a) REQUIRED ASSESSMENT.—The Secretary of Defense shall

submit to Congress an annual report on trends in recruiting, retention, and personnel readiness.

(b) DATA TO BE COLLECTED.—Each annual report under subsection (a) shall include the following information with respect

to the preceding fiscal year for the active components of each

of the Armed Forces under the jurisdiction of the Secretary (as

well as such additional information as the Secretary considers

appropriate):

(1) The numbers of members of the Armed Forces temporarily and permanently nondeployable and rates of temporary

and permanent nondeployability, displayed by cause of

nondeployability, rank, and gender.

(2) The numbers and rates of complaints and allegations

within the Armed Forces that involve gender and other unlawful discrimination and sexual harassment, and the rates of

substantiation for those complaints and allegations.

(3) The numbers and rates of disciplinary proceedings,

displayed (A) by offense or infraction committed, (B) by gender,
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rank, and race, and (C) by the categories specified in paragraph (2).

(4) The retention rates, by gender, rank, and race, with

an analysis of factors influencing those rates.

(5) The propensity of persons to enlist, displayed by gender

and race, with an analysis of the factors influencing those

propensities.

(c) SUBMISSION TO CONGRESS.—The Secretary shall submit the

report under this section for any fiscal year as part of the annual

Department of Defense posture statement provided to Congress

in connection with the Department of Defense budget request for

that fiscal year.

(d) INITIAL SUBMISSION.—The first report under this section

shall be submitted in connection with the Department of Defense

budget request for fiscal year 1996 and shall include data, to

the degree such data already exists, for fiscal years after fiscal

year 1991.

SEC. 534. VICTIMS’ ADVOCATES PROGRAMS IN DEPARTMENT OF

DEFENSE.

(a) ESTABLISHMENT.—(1) The Secretary of Defense, acting

through the Under Secretary of Defense for Personnel and Readiness, shall revise policies and regulations of the Department of

Defense with respect to the programs of the Department of Defense

specified in paragraph (2) in order to establish within each of

the military departments a victims’ advocates program.

(2) Programs referred to in paragraph (1) are the following:

(A) Victim and witness assistance programs.

(B) Family advocacy programs.

(C) Equal opportunity programs.

(3) In the case of the Department of the Navy, separate victims’

advocates programs shall be established for the Navy and the

Marine Corps.

(b) PURPOSE.—A victims’ advocates program established pursuant to subsection (a) shall provide assistance described in subsection

(d) to members of the Armed Forces and their dependents who

are victims of any of the following:

(1) Crime.

(2) Intrafamilial sexual, physical, or emotional abuse.

(3) Discrimination or harassment based on race, gender,

ethnic background, national origin, or religion.

(c) INTERDISCIPLINARY COUNCILS.—(1) The Secretary of Defense

shall establish a Department of Defense council to coordinate and

oversee the implementation of programs under subsection (a). The

membership of the council shall be selected from members of the

Armed Forces and officers and employees of the Department of

Defense having expertise or experience in a variety of disciplines

and professions in order to ensure representation of the full range

of services and expertise that will be needed in implementing those

programs.

(2) The Secretary of each military department shall establish

similar interdisciplinary councils within that military department

as appropriate to ensure the fullest coordination and effectiveness

of the victims’ advocates program of that military department.

To the extent practicable, such a council shall be established at

each significant military installation.
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(d) ASSISTANCE.—(1) Under a victims’ advocates program established under subsection (a), individuals working in the program

shall principally serve the interests of a victim by initiating action

to provide (A) information on available benefits and services, (B)

assistance in obtaining those benefits and services, and (C) other

appropriate assistance.

(2) Services under such a program in the case of an individual

who is a victim of family violence (including intrafamilial sexual,

physical, and emotional abuse) shall be provided principally through

the family advocacy programs of the military departments.

(e) STAFFING.—The Secretary of Defense shall provide for the

assignment of personnel (military or civilian) on a full-time basis

to victims’ advocates programs established pursuant to subsection

(a). The Secretary shall ensure that sufficient numbers of such

full-time personnel are assigned to those programs to enable those

programs to be carried out effectively.

(f) IMPLEMENTATION DEADLINE.—Subsection (a) shall be carried

out not later than six months after the date of the enactment

of this Act.

(g) IMPLEMENTATION REPORT.—Not later than 30 days after

the date on which Department of Defense policies and regulations

are revised pursuant to subsection (a), the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate

and House of Representatives a report on the implementation (and

plans for implementation) of this section.

SEC. 535. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR

DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT ABUSE.

(a) EARLIER COMMENCEMENT OF PAYMENTS.—Subsection (e) of

section 1059 of title 10, United States Code, as redesignated by

section 1070(a)(5) of this Act, is amended to read as follows:

‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—(1) Payment

of transitional compensation under this section—

‘‘(A) in the case of a member convicted by a court-martial

for a dependent-abuse offense, shall commence as of the date

of the approval of the court-martial sentence by the person

acting under section 860(c) of this title (article 60(c) of the

Uniform Code of Military Justice) if the sentence, as approved,

includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and ‘‘(B) in the case of a member being considered under

applicable regulations for administrative separation from active

duty in accordance with such regulations (if the basis for the

separation includes a dependent-abuse offense), shall commence

as of the date on which the separation action is initiated

by a commander of the member pursuant to such regulations,

as determined by the Secretary concerned.

‘‘(2) Transitional compensation with respect to a member shall

be paid for a period of 36 months, except that, if as of the date

on which payment of transitional compensation commences the

unserved portion of the member’s period of obligated active duty

service is less than 36 months, the period for which transitional

compensation is paid shall be equal to the greater of—

‘‘(A) the unserved portion of the member’s period of obligated active duty service; or

‘‘(B) 12 months.
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‘‘(3)(A) If a member is sentenced by a court-martial to receive

punishment that includes a dismissal, dishonorable discharge, bad

conduct discharge, or forfeiture of all pay and allowances as a

result of a conviction by a court-martial for a dependent-abuse

offense and each such punishment applicable to the member under

the sentence is remitted, set aside, or mitigated to a lesser punishment that does not include any such punishment, any payment

of transitional compensation that has commenced under this section

on the basis of such sentence in that case shall cease.

‘‘(B) If administrative separation of a member from active duty

is proposed on a basis that includes a dependent-abuse offense

and the proposed administrative separation is disapproved by competent authority under applicable regulations, payment of transitional compensation in such case shall cease.

‘‘(C) Cessation of payments under subparagraph (A) or (B)

shall be effective as of the first day of the first month following

the month in which the Secretary concerned notifies the recipient

of such transitional compensation in writing that payment of the

transitional compensation will cease. The recipient may not be

required to repay amounts of transitional compensation received

before that effective date (except to the extent necessary to recoup

any amount that was erroneous when paid).’’.

(b) COMMISSARY AND EXCHANGE BENEFITS.—Such section is

further amended—

(1) by redesignating subsections (j) and (k) as subsections

(k) and (l), respectively; and

(2) by inserting after subsection (i) the following new subsection (j):

‘‘(j) COMMISSARY AND EXCHANGE BENEFITS.—(1) A dependent

or former dependent entitled to payment of monthly transitional

compensation under this section shall, while receiving payments

in accordance with this section, be entitled to use commissary

and exchange stores to the same extent and in the same manner

as a dependent of a member of the armed forces on active duty

for a period of more than 30 days. ‘‘(2) If a dependent or former dependent eligible or entitled to use commissary and exchange stores under paragraph (1) is

eligible or entitled to use commissary and exchange stores under

another provision of law, the eligibility or entitlement of that

dependent or former dependent to use commissary and exchange

stores shall be determined under such other provision of law rather

than under paragraph (1).’’. (c) CONFORMING AMENDMENTS.—(1) The heading of such section

is amended to read as follows:

‘‘§ 1059. Dependents of members separated for dependent

abuse: transitional compensation; commissary

and exchange benefits’’.

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

at the beginning of chapter 53 of such title is amended to read

as follows:

‘‘1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits.’’.

SEC. 536. STUDY OF SPOUSAL ABUSE INVOLVING ARMED FORCES

PERSONNEL.

(a) FINDINGS.—Congress makes the following findings:
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(1) The Department of Defense has sponsored several

highly successful programs designed to curtail spousal abuse.

(2) The readiness of the Armed Forces would be enhanced

by eliminating all forms of spousal abuse involving members

of the Armed Forces.

(3) Available data on the frequency and causes of spousal

abuse involving members of the Armed Forces is not comprehensive for the Armed Forces.

(b) STUDY.—The Secretary of Defense shall conduct a study

on spousal abuse involving members of the Armed Forces.

(c) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to Congress

a report on the results of the study. The report shall contain

the following:

(1) The frequency of spousal abuse involving members of

the Armed Forces.

(2) A discussion of the possible causes of such spousal

abuse.

(3) A discussion of the procedures followed in responding

to incidents of such spousal abuse.

(4) An analysis of the effectiveness of those procedures.

(5) A review of the existing programs for curtailing such

spousal abuse.

(6) A strategy for the entire Armed Forces for curtailing

spousal abuse involving members of the Armed Forces.

Subtitle D—Matters Relating to the Coast

Guard

SEC. 541. EXTENSION OF WARRANT OFFICER MANAGEMENT ACT

PROVISIONS TO COAST GUARD.

(a) ESTABLISHMENT OF PERMANENT GRADE OF CHIEF WARRANT

OFFICER, W–5.—(1) The grade of chief warrant officer, W–5, is

hereby established in the Coast Guard. (2) Section 571(a) of title 10, United States Code, is amended

by striking out ‘‘Army, Navy, Air Force, and Marine Corps’’ and

inserting in lieu thereof ‘‘armed forces’’. (b) EXTENSION OF WARRANT OFFICER MANAGEMENT ACT PROVI- SIONS TO COAST GUARD WARRANT OFFICERS.—Chapter 33A of title

10, United States Code, is amended as follows:

(1) Section 573(a) is amended—

(A) by striking out ‘‘Secretary of a military department’’ in paragraph (1) and inserting in lieu thereof ‘‘Secretary

concerned’’; and

(B) by striking out ‘‘of the military department’’ in

paragraph (2).

(2) Section 574 is amended by striking out ‘‘Secretary of

each military department’’ in subsections (a) and (b) and inserting in lieu thereof ‘‘Secretary concerned’’.

(3) Section 575(b)(2) is amended by inserting ‘‘and the

Secretary of Transportation, when the Coast Guard is not

operating as a service in the Navy,’’ after ‘‘Secretary of Defense’’.

(4) Section 576 is amended—

(A) in subsection (a), by striking out ‘‘of the military

department’’ in the matter preceding paragraph (1);
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(B) in subsection (e), by striking out ‘‘of the military

department’’; and

(C) in subsection (f)(2), by striking out ‘‘of the military

department’’.

(5) Section 580 is amended—

(A) in subsection (a)(4)(B), by inserting ‘‘, or severance

pay computed under section 286a of title 14, as appropriate,’’ after ‘‘section 1174 of this title’’; and

(B) in subsection (e)(6), by inserting ‘‘and the Secretary

of Transportation, when the Coast Guard is not operating

as a service in the Navy,’’ after ‘‘Secretary of Defense’’.

(6) Section 581(a) is amended by striking out ‘‘in the Army,

Navy, Air Force, or Marine Corps’’.

(c) TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS

SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT

OFFICER, W–5.—(1) A regular warrant officer of the Coast Guard

who on the effective date of this section is on active duty and—

(A) is serving in a temporary grade below chief warrant

officer, W–5, that is higher than that warrant officer’s permanent grade;

(B) is on a list of officers recommended for promotion

to a temporary grade below chief warrant officer W–5; or

(C) is on a list of officers recommended for promotion

to a permanent grade higher than the grade in which that

warrant officer is serving;

shall be considered to have been recommended by a board convened

under section 573 of title 10, United States Code, as amended

by this subsection (b), for promotion to the permanent grade equivalent to the grade in which that warrant officer is serving or for

which that warrant officer has been recommended for promotion,

as the case may be. (2) An officer referred to in subparagraph (A) of paragraph (1) who is not promoted to the grade to which that warrant officer

is considered under such subsection to have been recommended

for promotion because that officer’s name is removed from a list

of officers who are considered under such paragraph to have been

recommended for promotion shall be considered by a board convened

under section 573 of title 10, United States Code, as amended

by subsection (b), for promotion to the permanent grade equivalent

to the temporary grade in which that warrant officer was serving

on the effective date of this section as if that warrant officer

were serving in the permanent grade. (3) The date of rank of an officer referred to in paragraph (1)(A) who is promoted to the grade in which that warrant officer

is serving on the effective date of this section is the date of that

officer’s temporary appointment in that grade.

(d) TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS

SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT

OFFICER, W–5.—(1)(A) Except as provided in paragraph (2), a

reserve warrant officer of the Coast Guard who on the effective

date of this section is subject to placement on the warrant officer

active-duty list and who—

(i) is serving in a temporary grade below chief warrant

officer, W–5, that is higher than that warrant officer’s permanent grade; or

(ii) is on a list of warrant officers recommended for promotion to a temporary grade below chief warrant officer, W–
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5, that is the same as or higher than that warrant officer’s

permanent grade; shall be considered to have been recommended by a board convened

under section 598 of title 10, United States Code, for promotion

to the permanent grade equivalent to the grade in which the warrant officer is serving or for which that warrant officer has been

recommended for promotion, as the case may be. (B) The date of rank of a warrant officer referred to in subpara- graph (A)(i) who is promoted to the grade in which that warrant

officer is considered under such subparagraph to have been recommended for promotion is the date of the temporary appointment

of that warrant officer in that grade. (2) A reserve warrant officer of the Coast Guard who on the

effective date of this section—

(A) is subject to placement on the warrant officer active- duty list; (B) is serving on active duty in a temporary grade; and

(C) holds a permanent grade higher than the temporary grade in which that warrant officer is serving; shall while continuing on active duty retain such temporary grade

and shall be considered for promotion to a grade equal to or lower

than the permanent grade as if such temporary grade is a permanent grade. If such warrant officer is recommended for promotion,

the appointment of that warrant officer to such grade shall be

a temporary appointment. (e) RANK OF COAST GUARD WARRANT OFFICERS.—(1) Subchapter

A of chapter 11 of title 14, United States Code, is amended by

adding at the end the following new section:

‘‘§ 215. Rank of warrant officers

‘‘(a) Among warrant officer grades, warrant officers of a higher numerical designation are senior to warrant officer grades of a

lower numerical designation. ‘‘(b) Warrant officers shall take precedence in the grade to which appointed in accordance with the dates of their commissions

as commissioned officers in the Coast Guard in such grade. Precedence among warrant officers of the same grade who have the

same date of commission shall be determined by regulations prescribed by the Secretary.’’. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 214

the following new item:

‘‘215. Rank of warrant officers.’’.

(f) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section

1125(a) of the National Defense Authorization Act for Fiscal Years

1992 and 1993 (10 U.S.C. 555 note) is repealed. (2) Section 286a(a) of title 14, United States Code, is amended

by striking out ‘‘section 564(a)(3) of title 10 (as in effect on the

day before the effective date of the Warrant Officer Management

Act)’’ and inserting in lieu thereof ‘‘section 580(a)(4)(A) of title

10’’.

(3) Section 334(b) of such title is amended by striking out ‘‘section 564 of title 10 (as in effect on the day before the effective

date of the Warrant Officer Management Act) or’’ and inserting

in lieu thereof ‘‘section 580,’’.

(4) Section 41 of such title is amended by striking out ‘‘chief

warrant officers, W–4; chief warrant officers, W–3; chief warrant
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officers, W–2; cadets; warrant officers, W–1;’’ and inserting in lieu

thereof ‘‘chief warrant officers; cadets; warrant officers;’’.

(5)(A) Sections 212 and 213 of such title are repealed.

(B) The table of sections at the beginning of chapter 11 of

such title is amended by striking out the items relating to sections

212 and 213.

(6) Section 214 of such title is amended by striking out subsections (b) and (c).

(7) Section 583 of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(4) The active-duty list referred to in section 573(b) of

this title includes the active-duty promotion list established

by section 41a of title 14.’’.

(g) TEMPORARY AUTHORITY FOR INVOLUNTARY SEPARATION OF

CERTAIN WARRANT OFFICERS.—Section 580a of title 10, United

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

subsection:

‘‘(e) This section applies to the Secretary of Transportation

in the same manner and to the same extent as it applies to the

Secretary of Defense. The Commandant of the Coast Guard shall

take the action set forth in subsection (b) with respect to regular

warrant officers of the Coast Guard.’’.

(h) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect on the first day of the fourth

month beginning after the date of the enactment of this Act.

SEC. 542. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.

(a) INVOLUNTARY SEPARATION BENEFITS AND SERVICES.—Chapter 58 of title 10, United States Code, is amended as follows:

(1) Section 1141 is amended in the matter preceding paragraph (1)—

(A) by striking out ‘‘Army, Navy, Air Force, or Marine

Corps’’ and inserting in lieu thereof ‘‘armed forces’’; and

(B) by striking out ‘‘or on or after the date of the

enactment of the National Defense Authorization Act for

Fiscal Year 1994’’ and inserting in lieu thereof ‘‘or after

November 29, 1993, or, with respect to a member of the

Coast Guard, if the member was on active duty in the

Coast Guard after September 30, 1994,’’.

(2) Section 1143 is amended—

(A) in the heading, by striking out ‘‘: Department

of Defense’’;

(B) in subsection (a), by inserting ‘‘and the Secretary

of Transportation with respect to the Coast Guard’’ after

‘‘Secretary of Defense’’ and by striking out ‘‘under the jurisdiction of the Secretary’’;

(C) in subsection (b), by adding at the end the following

new sentence: ‘‘The Secretary of Transportation shall establish permanent employment assistance centers at appropriate Coast Guard installations.’’;

(D) in subsection (c), by inserting ‘‘and the Secretary

of Transportation’’ after ‘‘Secretary of Defense’’; and

(E) in subsection (d), by adding at the end the following

new sentence: ‘‘The Secretary of Transportation shall provide the same preference in hiring to involuntarily separated members of the Coast Guard, and the dependents
S. 2182—106

of such members, in Coast Guard nonappropriated fund

instrumentalities.’’.

(3) Section 1143a is amended—

(A) in the heading by striking out ‘‘: Department

of Defense’’; and

(B) by adding at the end the following new subsection:

‘‘(h) COAST GUARD.—This section shall apply to the Coast Guard

in the same manner and to the same extent as it applies to the

Department of Defense. The Secretary of Transportation shall

implement the requirements of this section for the Coast Guard.’’.

(4) Section 1145 is amended by adding at the end the

following new subsection:

‘‘(e) COAST GUARD.—The provisions of this section shall apply

to members of the Coast Guard (and their dependents) involuntarily

separated from active duty during the five-year period beginning

on October 1, 1994. The Secretary of Transportation shall implement this section for the Coast Guard.’’.

(5) Section 1146 is amended by adding at the end the

following new sentence: ‘‘The Secretary of Transportation shall

implement this provision for Coast Guard members involuntarily separated during the five-year period beginning October

1, 1994.’’.

(6) Section 1147(a) is amended—

(A) by inserting ‘‘(1)’’ before ‘‘The Secretary of a military

department’’; and

(B) by adding at the end the following new paragraph:

‘‘(2) The Secretary of Transportation may prescribe regulations

to permit members of the Coast Guard who are involuntarily separated during the five-year period beginning October 1, 1994, to

continue for not more than 180 days after the date of such separation to reside (along with others of the member’s household) in

military family housing provided or leased by the Coast Guard

to the individual as a member of the armed forces.’’.

(7) Section 1148 is amended by inserting ‘‘and the Secretary

of Transportation’’ after ‘‘Secretary of Defense’’. (8) Section 1149 is amended—

(A) by inserting ‘‘or the Secretary of Transportation

with respect to the Coast Guard’’ after ‘‘Secretary of

Defense’’; and

(B) by striking out ‘‘of the military department’’. (9) Section 1150 is amended by adding at the end the

following new subsection:

‘‘(c) COAST GUARD.—This section shall apply to the Coast Guard

in the same manner and to the same extent as it applies to the

Department of Defense. The Secretary of Transportation shall prescribe regulations to implement this section for the Coast Guard.’’.

(10) The table of sections at the beginning of the chapter

is amended by striking out ‘‘: Department of Defense’’ in the

items relating to section 1143 and 1143a.

(b) SPECIAL SEPARATION BENEFIT.—Section 1174a of title 10,

United States Code, is amended—

(1) in subsection (a), by striking out ‘‘of each military

department’’ and inserting in lieu thereof ‘‘concerned’’;

(2) in subsection (d), by striking out ‘‘of a military department’’ and inserting in lieu thereof ‘‘concerned’’;

(3) in subsection (e)(3), by striking out ‘‘of the military

department’’; and
S. 2182—107

(4) in subsection (h), by striking out ‘‘of a military department’’ and inserting in lieu thereof ‘‘concerned’’.

(c) VOLUNTARY SEPARATION INCENTIVE.—Section 1175 of title

10, United States Code, is amended—

(1) in subsections (a) and (b), by inserting ‘‘and the Secretary of Transportation’’ after ‘‘Secretary of Defense’’;

(2) in subsection (c), by striking out ‘‘of the military department’’;

(3) in subsection (g), by inserting ‘‘and the Department

of Transportation for the Coast Guard’’ before the period at

the end;

(4) in subsection (h)(3)—

(A) by inserting ‘‘by the Secretary of Defense’’ after

‘‘incentive payments made’’ in the first sentence; and

(B) by inserting ‘‘to the Secretary’’ after ‘‘shall be available’’ in the second sentence; and

(5) in subsection (i), by inserting ‘‘and the Secretary of

Transportation’’ after ‘‘Secretary of Defense’’.

(d) TEMPORARY EARLY RETIREMENT AUTHORITY.—Section 4403

of the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102–484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall

apply to the Coast Guard in the same manner and to the same

extent as that provision applies to the Department of Defense.

The Secretary of Transportation shall implement the provisions

of that section with respect to the Coast Guard and apply the

applicable provisions of title 14, United States Code, relating to

retirement of Coast Guard personnel.

(e) EFFECTIVE DATE.—This section and the amendments made

by this section shall apply only to members of the Coast Guard

who are separated after September 30, 1994.

SEC. 543. EXPANSION OF PERSONNEL ADJUSTMENT, EDUCATION, AND

TRAINING PROGRAMS TO INCLUDE COAST GUARD.

(a) PRESEPARATION COUNSELING.—As soon as possible after

the date of the enactment of this Act, the Secretary of Transportation shall implement the requirements of section 1142 of title

10, United States Code, for the Coast Guard.

(b) EMPLOYMENT ASSISTANCE, JOB TRAINING ASSISTANCE, AND

OTHER TRANSITIONAL ASSISTANCE.—Section 1144 of title 10, United

States Code, is amended—

(1) in subsection (a)(1)—

(A) by inserting ‘‘, the Secretary of Transportation,’’

after ‘‘Secretary of Defense’’; and (B) by striking out ‘‘of a military department’’ and

inserting in lieu thereof ‘‘concerned’’;

(2) in subsection (a)(2), by inserting ‘‘, the Secretary of

Transportation,’’ after ‘‘Secretary of Defense’’;

(3) in subsection (b)(4), by striking out ‘‘Department of

Defense is’’ and inserting in lieu thereof ‘‘Department of Defense

and the Department of Transportation are’’;

(4) in subsection (c), by inserting ‘‘and the Secretary of

Transportation’’ after ‘‘Secretary of Defense’’; and

(5) in subsection (d)(2), by inserting ‘‘and the Department

of Transportation’’ after ‘‘Department of Defense’’.

(c) TEACHER AND TEACHER’S AIDE PLACEMENT PROGRAM.—Section 1151 of such title (as amended by section 1131) is further

amended—
S. 2182—108

(1) in subsection (a), by inserting ‘‘, and the Secretary

of Transportation with respect to the Coast Guard,’’ after ‘‘Secretary of Defense’’;

(2) in subsection (b), by inserting ‘‘and the Secretary of

Transportation’’ after ‘‘Secretary of Defense’’ in the matter

preceding the paragraphs;

(3) in subsection (c)(1)—

(A) by striking out ‘‘by the Secretary of Defense’’ in

the matter preceding the subparagraphs; and

(B) in subparagraph (C), by inserting ‘‘of Defense, or

the Secretary of Transportation with respect to the Coast

Guard,’’ after ‘‘Secretary’’;

(4) in subsection (d), by inserting ‘‘and the Secretary of

Transportation’’ after ‘‘Secretary of Defense’’;

(5) in subsection (e)(1)—

(A) by inserting ‘‘, and the Secretary of Transportation

with respect to the Coast Guard,’’ after ‘‘Secretary of

Defense’’ in the first sentence; and

(B) by striking out ‘‘Secretary may’’ in the second sentence and inserting in lieu thereof ‘‘Secretaries may’’;

(6) in subsection (e)(2), by striking out ‘‘Secretary’’ the

first two places it appears and inserting in lieu thereof ‘‘Secretaries’’;

(7) in subsection (e)(3)—

(A) by inserting ‘‘of Defense, and the Secretary of

Transportation with respect to the Coast Guard,’’ after

‘‘The Secretary’’; and

(B) by inserting ‘‘concerned’’ after ‘‘unless the Secretary’’;

(8) in subsection (e)(4), by striking out ‘‘Secretary’’ both

places it appears and inserting in lieu thereof ‘‘Secretaries’’;

(9) in subsection (f)—

(A) by inserting ‘‘, or the Secretary of Transportation

with respect to the Coast Guard,’’ after ‘‘Secretary of

Defense’’ in the matter preceding the paragraphs; and

(B) in paragraph (1), by inserting ‘‘concerned’’ after

‘‘the Secretary’’;

(10) in subsection (g)(1), by inserting ‘‘, and the Secretary

of Transportation with respect to the Coast Guard,’’ after ‘‘Secretary of Defense’’ in the matter preceding the subparagraphs;

(11) in subsection (h)—

(A) in paragraph (1), by inserting ‘‘and the Secretary

of Transportation’’ after ‘‘Secretary of Defense’’; and

(B) by inserting ‘‘concerned’’ after ‘‘Secretary’’ each

place it appears in paragraphs (2) through (6);

(12) in subsection (h)(7)—

(A) in subparagraph (A)—

(i) by inserting ‘‘of Defense, and the Secretary of

Transportation with respect to the Coast Guard,’’ after

‘‘the Secretary’’ in the first sentence; and

(ii) by inserting ‘‘concerned’’ after ‘‘The Secretary’’

in the second sentence; and

(B) in subparagraph (C), by inserting ‘‘concerned’’ after

‘‘The Secretary’’;

(13) in subsection (i)—
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(A) in paragraph (1), by inserting ‘‘, or the Secretary

of Transportation with respect to the Coast Guard,’’ after

‘‘Secretary of Defense’’; and

(B) in paragraph (2), by inserting ‘‘concerned’’ after

‘‘Secretary’’ both places it appears; and

(14) in subsection (j)—

(A) in paragraph (1)(F), by inserting ‘‘, or the Secretary

of Transportation with respect to the Coast Guard’’ after

‘‘Secretary of Defense’’; and

(B) in paragraph (2), by inserting ‘‘concerned’’ after

‘‘Secretary’’ both places it appears.

(d) LAW ENFORCEMENT OFFICER PLACEMENT PROGRAM.—Section 1152 of such title, as amended by section 1132, is further

amended in subsections (a) and (d) by inserting ‘‘, and the Secretary

of Transportation with respect to the Coast Guard,’’ after ‘‘Secretary

of Defense’’.

(e) HEALTH CARE PROVIDER PLACEMENT PROGRAM.—Section

1153 of such title is amended—

(1) in subsection (a), by inserting ‘‘, and the Secretary

of Transportation with respect to the Coast Guard,’’ after ‘‘Secretary of Defense’’;

(2) in subsection (b)(1)—

(A) by striking out ‘‘by the Secretary of Defense’’ in

the matter preceding the subparagraphs; and

(B) in subparagraph (C), by inserting ‘‘concerned’’ after

‘‘Secretary’’ both places it appears;

(3) in subsection (c)(1)—

(A) by inserting ‘‘, and the Secretary of Transportation

with respect to the Coast Guard,’’ after ‘‘Secretary of

Defense’’;

(B) by inserting ‘‘concerned’’ after ‘‘to the Secretary’’;

and

(C) by striking out ‘‘Secretary may’’ and inserting in

lieu thereof ‘‘Secretaries may’’;

(4) in subsection (c)(2)—

(A) by inserting ‘‘of Defense, and the Secretary of

Transportation with respect to the Coast Guard,’’ after

‘‘The Secretary’’; and (B) by inserting ‘‘concerned’’ after ‘‘unless the Secretary’’;

(5) in subsection (c)(3), by striking out ‘‘Secretary’’ both

places it appears and inserting in lieu thereof ‘‘Secretaries’’; (6) in subsection (d)—

(A) in paragraph (1) by inserting ‘‘and the Secretary

of Transportation’’ after ‘‘Secretary of Defense’’; and

(B) by inserting ‘‘concerned’’ after ‘‘Secretary’’ each

place it appears in paragraphs (2) through (5); and

(7) in subsection (e)—

(A) in paragraph (1), by inserting ‘‘, and the Secretary

of Transportation with respect to the Coast Guard,’’ after

‘‘the Secretary of Defense’’; and

(B) in paragraph (2), by inserting ‘‘concerned’’ after

‘‘The Secretary’’.

(f) UPWARD BOUND.—Section 4466 of the Defense Conversion,

Reinvestment, and Transition Assistance Act of 1992 (division D

of Public Law 102–484; 10 U.S.C. 1143 note) is amended by adding

at the end the following new subsection:
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‘‘(h) APPLICATION TO COAST GUARD.—The Secretary of Transpor- tation may implement the provisions of this section for the Coast

Guard in the same manner and to the same extent as such section

applies to the Department of Defense.’’. (g) SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAIN- ING.—(1) Section 4483(1) of the Service Members Occupational Conversion and Training Act of 1992 (subtitle G of title XLIV

of Public Law 102–484; 10 U.S.C. 1143 note) is amended by inserting before the period the following: ‘‘with respect to the Department

of Defense and the Secretary of Transportation with respect to

the Coast Guard’’.

(2) As soon as possible after the date of the enactment of

this Act, the Secretary of Transportation shall implement the

requirements of the Service Members Occupational Conversion and

Training Act of 1992 (subtitle G of title XLIV of Public Law 102–

484; 10 U.S.C. 1143 note) for the Coast Guard.

(h) LIMITATIONS ON FUNDING.—Funds appropriated or otherwise made available to the Department of Defense, the Department

of Education, the Department of Labor, or the Department of Veterans Affairs may not be used to carry out subsection (a) or the

amendments made by this section.

Subtitle E—Other Matters

SEC. 551. REPEAL OF REQUIRED REDUCTION IN RECRUITING PERSONNEL.

Section 431 of the National Defense Authorization Act for Fiscal

Year 1993 (Public Law 102–484; 106 Stat. 2400) is repealed.

SEC. 552. AUTHORIZED ACTIVE DUTY STRENGTHS FOR ARMY

ENLISTED MEMBERS IN PAY GRADE E–8.

(a) IN GENERAL.—Section 517(a) of title 10, United States Code,

is amended by inserting ‘‘(or, in the case of the Army, 2.5 percent)’’

after ‘‘may not be more than 2 percent’’. (b) SPECIAL RULE FOR 1995.—The percentage applicable to

enlisted members of the Army in pay grade E–8 under section

517(a) of title 10, United States Code, during 1995 shall be 2.3

percent (rather than the percentage provided by the amendment

made by subsection (a)).

(c) INAPPLICABILITY FOR 1994.—The amendment made by subsection (a) shall not apply with respect to the number of enlisted

members of the Army on active duty in pay grade E–8 during

1994.

SEC. 553. PROHIBITION ON IMPOSITION OF ADDITIONAL CHARGES OR

FEES FOR ATTENDANCE AT CERTAIN ACADEMIES.

(a) PROHIBITION.—Except as provided in subsection (b), no

charge or fee for tuition, room, or board for attendance at an

academy named in subsection (c) may be imposed unless the charge

or fee is specifically authorized by a law enacted after the date

of the enactment of this Act.

(b) EXCEPTION.—The prohibition specified in subsection (a) shall

not apply with respect to any item or service provided to cadets

or midshipmen at an academy named in subsection (c) for which

a charge or fee is imposed as of the date of the enactment of

this Act. The Secretary of Defense or the Secretary of Transportation, as the case shall be, shall notify Congress of any change
S. 2182—111

made by an academy in the amount of a charge or fee authorized

under this subsection.

(c) COVERED ACADEMIES.—This section applies to the following:

(1) The United States Military Academy.

(2) The United States Naval Academy.

(3) The United States Air Force Academy.

(4) The United States Coast Guard Academy.

(5) The United States Merchant Marine Academy.

SEC. 554. BIENNIAL SURVEY ON THE STATE OF RACE AND ETHNIC

ISSUES IN THE MILITARY.

(a) IN GENERAL.—(1) Part I of subtitle A of title 10, United

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

chapter:

‘‘CHAPTER 22—MISCELLANEOUS STUDIES AND

REPORTS

‘‘Sec.

‘‘451. Racial and ethnic issues; biennial survey; biennial report.

‘‘§ 451. Racial and ethnic issues; biennial survey; biennial

report

‘‘(a) BIENNIAL SURVEY.—The Secretary of Defense shall carry

out a biennial survey to measure the state of racial and ethnic

issues and discrimination among members of the armed forces

serving on active duty. The survey shall solicit information on

the race relations climate in the armed forces, including— ‘‘(1) indicators of positive and negative trends of relations

between all racial and ethnic groups; ‘‘(2) the effectiveness of Department of Defense policies

designed to improve race and ethnic relations; and ‘‘(3) the effectiveness of current processes for complaints

on and investigations into racial and ethnic discrimination.

‘‘(b) IMPLEMENTING ENTITY.—The Secretary shall carry out each

biennial survey through the entity in the Department of Defense

known as the Armed Forces Survey on Race/Ethnic Issues. ‘‘(c) REPORTS TO CONGRESS.—Upon completion of each biennial

survey under subsection (a), the Secretary shall submit to Congress

a report containing the results of the survey.’’. (2) The tables of chapters at the beginning of subtitle A of

such title and the beginning of part I of such subtitle are amended

by inserting after the item relating to chapter 21 the following

new item:

‘‘22. Miscellaneous Studies and Reports ............................................................... 451’’.

(b) FIRST REPORT.—The Secretary of Defense shall submit the

first report under section 451(c) of title 10, United States Code,

as added by subsection (a), not later than May 1, 1995.

SEC. 555. REVIEW OF CERTAIN DISCHARGES FROM THE UNITED

STATES MILITARY ACADEMY DURING THE POST-CIVIL

WAR PERIOD.

(a) REVIEW REQUIRED.—The Secretary of the Army shall carry

out a thorough review, to be completed not later than 180 days

after the date of the enactment of this Act, of—
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(1) the discharge from the Corps of Cadets of the United States Military Academy in 1874 of James Webster Smith

of South Carolina; and

(2) the discharge from the Corps of Cadets of the United States Military Academy in 1880 of Johnson Chesnut Whittaker

of South Carolina.

(b) PURPOSES OF REVIEW.—The purpose of each review shall

be to determine the validity of the original proceedings leading

to such discharge and the extent, if any, to which racial prejudice

or other improper factors now known may have tainted those

proceedings. In conducting each review, the Secretary shall use

as broad a range of historical documents as possible, including

non-military sources. (c) CORRECTION OF RECORDS.—If the Secretary determines that

the discharge of James Webster Smith or Johnson Chesnut Whittaker was in error or an injustice, the Secretary shall correct

that person’s military records (including the records of proceedings

in that person’s discharge case).

(d) POSTHUMOUS COMMISSION.—Upon recommendation of the

Secretary in the case of either person named in subsection (a),

the President may issue in the name of that person a posthumous

commission as an officer in the Regular Army in the grade of

second lieutenant. Section 1523 of title 10, United States Code,

shall apply with respect to a commission so issued.

SEC. 556. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of

title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 4357. Athletics program: athletic director; nonappropriated fund account

‘‘(a) The position of athletic director of the Academy shall be a position in the civil service (as defined in section 2101(1) of

title 5). However, a member of the armed forces may fill that

position as an active duty assignment.

‘‘(b) Under regulations prescribed by the Secretary of the Army,

the Superintendent of the Academy shall administer a

nonappropriated fund account for the athletics program of the Academy. The Superintendent shall credit to that account all revenue

received from the conduct of the athletics program of the Academy

and all contributions received for that program.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘4357. Athletics program: athletic director; nonappropriated fund account.’’.

(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of such

title is amended by adding at the end the following new section:

‘‘§ 6975. Athletics program: athletic director; nonappropriated fund account

‘‘(a) The position of athletic director of the Naval Academy

shall be a position in the civil service (as defined in section 2101(1)

of title 5). However, a member of the armed forces may fill that

position as an active duty assignment.

‘‘(b) Under regulations prescribed by the Secretary of the Navy,

the Superintendent of the Naval Academy shall administer a
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nonappropriated fund account for the athletics program of the Naval

Academy. The Superintendent shall credit to that account all revenue received from the conduct of the athletics program of the

Naval Academy and all contributions received for that program.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘6975. Athletics program: athletic director; nonappropriated fund account.’’.

(3) The account referred to in subsection (b) of section 6975

of title 10, United States Code, as added by paragraph (1), shall

be established not later than the effective date set forth in subsection (e).

(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of

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

section:

‘‘§ 9356. Athletics program: athletic director; nonappropriated fund account

‘‘(a) The position of athletic director of the Academy shall be

a position in the civil service (as defined in section 2101(1) of

title 5). However, a member of the armed forces may fill that

position as an active duty assignment.

‘‘(b) Under regulations prescribed by the Secretary of the Air

Force, the Superintendent of the Academy shall administer a

nonappropriated fund account for the athletics program of the Academy. The Superintendent shall credit to that account all revenue

received from the conduct of the athletics program of the Academy

and all contributions received for that program.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘9356. Athletics program: athletic director; nonappropriated fund account.’’.

(d) NAVY IMPLEMENTATION STUDY.—Not later than March 15,

1995, the Secretary of the Navy shall submit to Congress a report

on the costs to the Department of the Navy of implementation

of section 6975 of title 10, United States Code, as added by subsection (b). The report shall include a time line and description

of the actions the Secretary plans to take to implement the requirements of that section.

(e) EFFECTIVE DATE.—Section 6975 of title 10, United States

Code, as added by subsection (b), shall take effect on January

1, 1996.

SEC. 557. REIMBURSEMENT FOR CERTAIN LOSSES OF HOUSEHOLD

EFFECTS CAUSED BY HOSTILE ACTION.

(a) AUTHORITY TO REIMBURSE.—Chapter 163 of title 10, United

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

section:

‘‘§ 2738. Property loss: reimbursement of members for certain

losses of household effects caused by hostile

action

‘‘(a) AUTHORITY TO REIMBURSE.—The Secretary concerned may

reimburse a member of the armed forces in an amount not more

than $100,000 for a loss described in subsection (b).

‘‘(b) COVERED LOSSES.—This section applies with respect to

a loss of household effects sustained during a move made incident

to a change of permanent station when, as determined by the
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Secretary, the loss was caused by a hostile action incident to war

or a warlike action by a military force.

‘‘(c) LIMITATION.—The Secretary may provide reimbursement

under this section for a loss described in subsection (b) only to

the extent that the loss is not reimbursed under insurance or

under the authority of another provision of law.

‘‘(d) APPLICABILITY OF OTHER AUTHORITIES AND REQUIREMENTS.—Subsections (b), (d), (e), (f), and (g) of section 2733 of

this title shall apply to a request for a reimbursement under this

section as if the request were a claim against the United States.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:

‘‘2738. Property loss: reimbursement of members for certain losses of household effects caused by hostile action.’’.

(c) EFFECTIVE DATE.—(1) Section 2738 of title 10, United States

Code, as added by subsection (a), applies with respect to losses

incurred after June 30, 1990.

(2) In the case of a loss incurred after June 30, 1990, and

before the date of the enactment of this Act, a request for reimbursement shall be filed with the Secretary of the military department

concerned not later than two years after such date of enactment.

SEC. 558. MILITARY RECRUITING ON CAMPUS.

(a) DENIAL OF FUNDS.—(1) No funds available to the Department of Defense may be provided by grant or contract to any

institution of higher education that has a policy of denying, or

which effectively prevents, the Secretary of Defense from obtaining

for military recruiting purposes—

(A) entry to campuses or access to students on campuses;

or

(B) access to directory information pertaining to students.

(2) Students referred to in paragraph (1) are individuals who

are 17 years of age or older.

(b) PROCEDURES FOR DETERMINATION.—The Secretary of

Defense, in consultation with the Secretary of Education, shall

prescribe regulations that contain procedures for determining if

and when an educational institution has denied or prevented access

to students or information described in subsection (a).

(c) DEFINITION.—For purposes of this section, the term ‘‘directory information’’ means, with respect to a student, the student’s

name, address, telephone listing, date and place of birth, level

of education, degrees received, and the most recent previous educational institution enrolled in by the student.

SEC. 559. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN STUDENTS

AT FOREIGN LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE.

(a) ADMISSION OF CIVILIANS AS STUDENTS.—(1) The Secretary

of the Army may enter into an agreement with an accredited

institution of higher education (or a consortium of such institutions)

under which students enrolled at an institution of higher education

that is a party to the agreement may receive instruction at the

Foreign Language Center of the Defense Language Institute on

a cost-reimbursable, space-available basis.

(2) The Secretary may also permit other persons who would

benefit from the instruction provided at the Center, as determined
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by the Secretary, to receive instruction at the Center on a costreimbursable, space-available basis.

(b) SELECTION AND ATTENDANCE.—(1) The Secretary shall select

the persons who will be permitted to receive instruction at the

Center pursuant to subsection (a). In the case of agreements under

subsection (a)(1), the Secretary shall consult with the other parties

to the agreements to establish qualifications and methods of selection for persons to receive instruction at the Center.

(2) Except as the Secretary determines necessary, a person

who receives instruction at the Center pursuant to subsection (a)

shall be subject to the same regulations governing attendance,

discipline, discharge, and dismissal as apply to other persons attending the Center.

(c) RETENTION OF FUNDS.—Amounts collected under subsection

(a) to reimburse the Center for the costs of providing instruction

to students under subsection (a) shall be credited to funds available

for compensation of instructors at the Center and to defray direct

civilian student costs to the school.

(d) CENTER DEFINED.—For purposes of this section, the term

‘‘Center’’ means the Foreign Language Center of the Defense Language Institute.

(e) EXPIRATION OF AUTHORITY.—No student may be admitted

to the Center under subsection (a) to commence a program of

instruction beginning after September 30, 1997.

SEC. 560. DISCHARGE OF MEMBERS WHO ARE PERMANENTLY

NONWORLDWIDE ASSIGNABLE.

(a) IN GENERAL.—(1) Chapter 59 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 1177. Members who are permanently nonworldwide

assignable: mandatory discharge or retirement;

counseling

‘‘(a) REQUIRED SEPARATION.—(1) Subject to paragraph (2), a

member of the armed forces who is classified as permanently

nonworldwide assignable due to a medical condition shall (except

as provided in subsection (c)) be separated.

‘‘(2) Paragraph (1) shall not be in effect in the case of any

of the armed forces if the Secretary concerned determines that

the retention of permanently nonworldwide assignable members

would not adversely affect the ability of that service to carry out

its mission.

‘‘(3) A separation under paragraph (1) shall be made on a date determined by the Secretary concerned, which (except as provided in subsection (b)(2)) shall be as soon as practicable after

the date on which the determination is made that the member

should be so classified and not later than the last day of the

twelfth month beginning after that date.

‘‘(b) FORM OF SEPARATION.—(1) If a member to be separated

under this section is eligible to retire under any provision of law

or to be transferred to the Fleet Reserve or Fleet Marine Corps

Reserve, the member shall be so retired or so transferred. Otherwise, the member shall be discharged.

‘‘(2) In the case of a member to be discharged under this

section who on the date on which the member is to be discharged

is within two years of qualifying for retirement under any provison

of law, or of qualifying for transfer to the Fleet Reserve or Fleet
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Marine Corps Reserve under section 6330 of this title, the member

may, as determined by the Secretary concerned, be retained on

active duty until the member is qualified for retirement or transfer

to the Fleet Reserve or Fleet Marine Corps Reserve, as the case

may be, and then be so retired or transferred, unless the member

is sooner retired or discharged under any other provision of law.

‘‘(c) EXCEPTIONS.—The Secretary concerned may waive subsection (a) with respect to an individual member of the armed

forces under the jurisdiction of that Secretary if the Secretary

determines that there are circumstances that warrant the retention

of that member. Such circumstances may include—

‘‘(1) consideration that the medical condition making the

member permanently nonworldwide assignable was incurred

in combat or otherwise as the result of an action of the member

for which the member received a decoration or other recognition

for personal bravery;

‘‘(2) consideration that the member has a specific proficiency or skill that is vital to the national security; and

‘‘(3) any other circumstance that the Secretary considers

to be for the good of the service.

‘‘(d) COUNSELING ABOUT AVAILABLE MEDICAL CARE.—A member

to be separated under this section shall be provided information,

in writing, before such separation of the available medical care

(through the Department of Veterans Affairs and otherwise) to

treat the member’s condition. Such information shall include identification of specific medical locations near the member’s home of

record or point of discharge at which the member may seek necessary medical care.

‘‘(e) SEPARATION TO BE CONSIDERED INVOLUNTARY.—A separation under this section shall be considered to be an involuntary

separation for purposes of any other provision of law.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘1177. Members who are permanently nonworldwide assignable: mandatory discharge or retirement; counseling.’’.

(b) EFFECTIVE DATE.—Section 1177 of title 10, United States

Code, as added by subsection (a), shall apply with respect to members determined to be permanently nonworldwide assignable by

reason of a medical condition before, on, or after the date of the

enactment of this Act. In the case of such a determination made

before the date of the enactment of this Act, the period for the

separation of the member specified in subsection (a) of such section

shall be treated as beginning on the date of the enactment of

this Act.

(c) CONFORMING AMENDMENT.—Section 1174(a)(1) of title 10,

United States Code, is amended by striking out ‘‘section 580’’ and

inserting in lieu thereof ‘‘section 580, 1177,’’.
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TITLE VI—COMPENSATION AND OTHER

PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

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

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

required by section 1009 of title 37, United States Code, in elements

of compensation of members of the uniformed services to become

effective during fiscal year 1995 shall not be made.

(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence,

and basic allowance for quarters of members of the uniformed

services are increased by 2.6 percent.

(c) INCREASE IN CADET AND MIDSHIPMAN PAY.—Effective on

January 1, 1995, section 203(c)(1) of title 37, United States Code,

is amended by striking out ‘‘$543.90’’ and inserting in lieu thereof

‘‘$558.04’’.

SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO HIGH COST AREAS IN

THE CONTINENTAL UNITED STATES.

(a) ALLOWANCE AUTHORIZED.—(1) Chapter 7 of title 37, United

States Code, is amended by inserting after section 403a the following new section:

‘‘§ 403b. Cost-of-living allowance in the continental United

States

‘‘(a) PAYMENT AUTHORIZED.—The Secretary concerned may pay

a cost-of-living allowance to the eligible members of a uniformed

service under the jurisdiction of the Secretary. ‘‘(b) ELIGIBLE MEMBERS.—The following members are eligible

to receive a cost-of-living allowance under this section: ‘‘(1) A member assigned to a high cost area in the continental United States.

‘‘(2) A member assigned to an unaccompanied tour of duty

outside the continental United States if the primary dependent

of the member resides in a high cost area in the continental

United States.

‘‘(3) A member assigned to duty in the continental United

States if the Secretary of the uniformed service concerned determines that—

‘‘(A) the primary dependent of the member must reside

in a high cost area in the continental United States by

reason of the member’s duty location or other circumstances; and

‘‘(B) it would be inequitable for the member’s eligibility

for the allowance to be determined on the basis of the

duty location of the member.

‘‘(c) HIGH COST AREA DEFINED.—An area is a high cost area

for a fiscal year for purposes of this section if the uniformed services

cost of living for that area for the base period exceeds the average

cost of living in the continental United States for such base period

by at least the threshold percentage. The Secretary of Defense,

in consultation with the other administering Secretaries, shall
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establish the threshold percentage, except that the threshold

percentage may not be less than 8 percent. The administering

Secretaries shall prescribe a higher threshold percentage to be

applied for a fiscal year when it is necessary to do so in order

to ensure that the total amount of the payments of the cost-ofliving allowance made to members of the uniformed services under

this section for such fiscal year does not exceed the total amount

available to all uniformed services for that fiscal year for paying

such allowance.

‘‘(d) AMOUNT OF ALLOWANCE.—The cost-of-living allowance that

may be paid to a member for a high cost area for a fiscal year

shall be the amount that is equal to the product of—

‘‘(1) the amount of the average spendable income determined applicable for the regular military compensation level

of such member under subsection (g); and

‘‘(2) the percentage equal to the excess of—

‘‘(A) the percentage by which the uniformed services

cost of living for the member’s high cost area for the base

period exceeds the average cost of living in the continental

United States for such base period, over

‘‘(B) the threshold percentage applicable to such fiscal

year under subsection (c).

‘‘(e) LIMITATION TO ONE ALLOWANCE.—If primary dependents

of a member reside separately in different high cost areas—

‘‘(1) the member may be paid only one cost-of-living allowance under this section; and

‘‘(2) the cost-of-living allowance payable to the member

shall be the highest of the amounts computed under this section

for such high cost areas.

‘‘(f) SERVICE NOT COVERED.—(1) A cost-of-living allowance may

not be paid a member under this section for the days authorized

for travel of the member in connection with a permanent change

of duty station.

‘‘(2) A member of a reserve component is not eligible for a

cost-of-living allowance under this section unless the member is

on active duty under a call or order to active duty that—

‘‘(A) specifies a period of 140 days or more; or

‘‘(B) states that the call or order to active duty is in support

of a contingency operation.

‘‘(g) AVERAGE SPENDABLE INCOME.—The Secretary of Defense

shall determine, using a methodology and assumptions that the

Secretary considers appropriate, the amounts of average spendable

income of members of the uniformed services for various ranges

of regular military compensation. For purposes of this subsection,

spendable income is the total amount of regular military compensation that is available for purchase of goods and services after

allocation of amounts for taxes, insurance, housing, gifts and contributions, and savings.

‘‘(h) JOINT REGULATIONS.—The Secretary of Defense and the

other administering Secretaries shall jointly prescribe regulations

to carry out this section.

‘‘(i) OTHER DEFINITIONS.—In this section:

‘‘(1) The term ‘primary dependent’, with respect to a member, means—

‘‘(A) the member’s spouse; or
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‘‘(B) in the case of an unmarried member, a dependent

described in paragraph (2) or (4) of section 401(a) of this

title.

‘‘(2) The term ‘cost of living’ means a price index selected

by the Secretary of Defense, in consultation with the other

administering Secretaries, from among the following indices:

‘‘(A) The Consumer Price Index (all items–United

States city average) published monthly by the Bureau of

Labor Statistics.

‘‘(B) Any other index developed in the private sector

that the Secretary of Defense, in consultation with the

other administering Secretaries, determines is comparable

to the Consumer Price Index and is appropriate for use

for purposes of this section.

‘‘(3) The term ‘uniformed services cost of living’ means

the price index selected as described in paragraph (2) and

adjusted as the Secretary of Defense, in consultation with the

other administering Secretaries, considers appropriate to reflect

variations between expenses of members of the uniformed services (as offset by the basic allowance for subsistence) and the

corresponding expenses of persons not members of the uniformed services with regard to the following:

‘‘(A) Nonhousing costs (including costs of transportation, goods, and services, taking into consideration savings attributable to use of such military facilities as commissary stores and exchange stores).

‘‘(B) Average income tax paid.

‘‘(C) Cost of health care.

‘‘(4) The term ‘base period’, with respect to a fiscal year,

means the 12-month period ending on June 30 of the year

in which such fiscal year begins. ‘‘(5) The term ‘administering Secretaries’ means the following: ‘‘(A) The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not

operating as a service in the Navy). ‘‘(B) The Secretary of Transportation, with respect to

the Coast Guard when it is not operating as a service

in the Navy. ‘‘(C) The Secretary of Commerce, with respect to the

National Oceanic and Atmospheric Administration.

‘‘(D) The Secretary of Health and Human Services,

with respect to the Public Health Service.

‘‘(6) The term ‘continental United States’ means the 48

contiguous States and the District of Columbia.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 403a

the following new item:

‘‘403b. Cost-of-living allowance in the continental United States.’’.

(b) CONDITIONS ON PROVISION OF ALLOWANCE.—(1) A cost-ofliving allowance under section 403b of title 37, United States Code,

as added by subsection (a), may not be provided until after the

end of the 90-day period beginning on the date the Secretary of

Defense submits the report required under paragraph (2).

(2) Before implementing section 403b of title 37, United States

Code, the Secretary of Defense, in consultation with the other
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administering Secretaries (as defined in subsection (h)(6) of such

section), shall submit to Congress a report describing—

(A) the methods by which the Secretary of Defense would

determine the price index to be used under such section and

the types of nonhousing related costs that will be considered

under such price index;

(B) the manner by which the Secretary will establish the

threshold percentage for purposes of such section;

(C) the manner in which savings attributable to use of

such military facilities as commissary stores, exchange stores,

and military medical treatment facilities will be taken into

consideration; and

(D) the methods by which the Secretary proposes to prevent

uncontrolled growth in Government expenditures through the

cost-of-living allowance available under such section.

SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE TO MEMBERS OF SENIOR RESERVE OFFICERS’ TRAINING CORPS.

(a) INCREASE.—Section 209(a) of title 37, United States Code,

is amended by striking out ‘‘$100 a month’’ in the first sentence

and inserting in lieu thereof ‘‘$150 a month’’.

(b) APPLICATION OF INCREASE.—(1) Except as provided in paragraph (2), the amendments made by subsection (a) shall apply

with respect to months beginning after August 31, 1995.

(2) Upon the approval of the Secretary of Defense, the Secretary

of a military department may implement such amendments at

an earlier date with respect to members of the Senior Reserve

Officers’ Training Corps under the jurisdiction of the Secretary

if funds are available for the monthly subsistence allowances

authorized by such amendments.

SEC. 604. TEMPORARY FAMILY HOUSING OR TEMPORARY HOUSING

ALLOWANCES FOR DEPENDENTS OF MEMBERS WHO DIE

IN THE LINE OF DUTY.

(a) TEMPORARY HOUSING.—Section 403(l)(1) of title 37, United

States Code, is amended by striking out ‘‘90 days’’ and inserting

in lieu thereof ‘‘180 days’’. (b) TEMPORARY HOUSING ALLOWANCES.—Section 403(l)(2) of

such title is amended by striking out ‘‘90 days’’ both places it

appears and inserting in lieu thereof ‘‘180 days’’. (c) EFFECTIVE DATE.—The amendments made by this section

shall take effect as of October 1, 1993.

Subtitle B—Bonuses and Special and

Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.

(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f)

of title 37, United States Code, is amended by striking out ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.

(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)

of title 37, United States Code, is amended by striking out ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.

(c) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)

of title 37, United States Code, is amended by striking out ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.
S. 2182—121

(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— Section 308h(g) of title 37, United States Code, is amended by

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

‘‘September 30, 1996’’. (e) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(i) of title

37, United States Code, is amended by striking out ‘‘September

30, 1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.

SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BONUSES AND

SPECIAL PAY FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section

2130a(a)(1) of title 10, United States Code, is amended by striking

out ‘‘September 30, 1995,’’ and inserting in lieu thereof ‘‘September

30, 1996,’’.

(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section

302d(a)(1) of title 37, United States Code, is amended by striking

out ‘‘September 30, 1995,’’ and inserting in lieu thereof ‘‘September

30, 1996,’’.

(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section

302e(a)(1) of title 37, United States Code, is amended—

(1) by striking out ‘‘September 30, 1995,’’ and inserting in lieu thereof ‘‘September 30, 1996,’’; and (2) by striking out ‘‘$6,000’’ and inserting in lieu thereof ‘‘$15,000’’.

SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF

OTHER BONUSES AND SPECIAL PAYS.

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of

title 37, United States Code, is amended by striking out ‘‘September

30, 1994’’ and inserting in lieu thereof ‘‘September 30, 1995’’. (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section

308(g) of title 37, United States Code, is amended by striking

out ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘September

30, 1996’’.

(c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—Sections

308a(c) and 308f(c) of title 37, United States Code, are each amended by striking out ‘‘September 30, 1995’’ and inserting in lieu

thereof ‘‘September 30, 1996’’. (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED

RESERVE ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

308d(c) of title 37, United States Code, is amended by striking

out ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘September

30, 1996’’.

(e) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section

2172(d) of title 10, United States Code, is amended by striking

out ‘‘October 1, 1995’’ and inserting in lieu thereof ‘‘October 1,

1996’’.

(f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH

SPECIALISTS IN THE SELECTED RESERVES.—Section 613(d) of the

National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C.

302 note) is amended by striking out ‘‘September 30, 1995’’ and

inserting in lieu thereof ‘‘September 30, 1996’’. (g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING

PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United

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

and inserting in lieu thereof ‘‘September 30, 1996’’.
S. 2182—122

(h) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of

title 37, United States Code, is amended by striking out ‘‘September

30, 1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.

(i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section

312c(d) of title 37, United States Code, is amended by striking

out ‘‘October 1, 1995’’ and inserting in lieu thereof ‘‘October 1,

1996’’.

Subtitle C—Travel and Transportation

Allowances

SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANSPORTATION

MILEAGE TABLES.

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

by striking out ‘‘the Secretary of the Army’’ and inserting in lieu

thereof ‘‘the Secretary of Defense’’.

SEC. 622. PAYMENT FOR TRANSIENT HOUSING FOR MEMBERS OF A

RESERVE COMPONENT PERFORMING CERTAIN TRAINING

DUTY.

Section 404 of title 37, United States Code, is amended—

(1) by redesignating subsection (j) as subsection (k); and

(2) by inserting after subsection (i) the following new subsection:

‘‘(j)(1) In the case of a member of a reserve component performing annual training duty or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection

with such duty under subsection (a), the Secretary concerned may

reimburse the member for housing service charge expenses incurred

by the member in occupying transient government housing during

the performance of such duty. ‘‘(2) Any payment or other benefit under this subsection shall

be provided in accordance with regulations prescribed by the Secretaries concerned.

‘‘(3) The Secretary may pay service charge expenses under paragraph (1) out of funds appropriated for operation and maintenance for the reserve component concerned.’’.

SEC. 623. CHANGE IN PROVISION OF TRANSPORTATION INCIDENT TO

PERSONAL EMERGENCIES FOR MEMBERS STATIONED

OUTSIDE THE CONTINENTAL UNITED STATES.

Section 411d(b) of title 37, United States Code, is amended—

(1) in paragraph (1)— (A) in the matter preceding the subparagraphs, by

striking ‘‘from the international airport’’ and all that follows

through ‘‘or the international airport nearest’’ and inserting

in lieu thereof ‘‘from the location of the member or dependents, at the time notification of the personal emergency

is received, or’’; and

(B) in subparagraph (A), by striking ‘‘closest to the

international airport’’ and inserting in lieu thereof ‘‘closest

to the location’’; and

(2) in paragraph (4), by striking ‘‘to the international airport’’ and all that follows through the period and inserting

in lieu thereof ‘‘to the location from which the member or

dependent departed or the member’s duty station.’’.
S. 2182—123

SEC. 624. CLARIFICATION OF TRAVEL AND TRANSPORTATION ALLOWANCE OF FAMILY MEMBERS INCIDENT TO SERIOUS ILLNESS OR INJURY OF MEMBERS.

(a) ALLOWANCE IN CASES OF BRAIN DEATH.—Subsection (a)

of section 411h of title 37, United States Code, is amended—

(1) in paragraph (1), by striking out ‘‘is necessary for’’ and inserting in lieu thereof ‘‘may contribute to’’; and (2) in paragraph (2), by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraph: ‘‘(B) is seriously ill, seriously injured, or in a situation of imminent death, whether or not electrical brain activity

still exists or brain death is declared; and’’.

(b) DEFINITION OF HEALTH AND WELFARE.—Subsection (b) of

such section is amended by adding at the end the following new

paragraph: ‘‘(3) In this section, the term ‘health and welfare’, with respect

to a member, includes a situation in which a decision must be

made by family members regarding the termination of artificial

life support being provided to the member.’’.

SEC. 625. APPLICABILITY OF ADDITIONAL FAMILY SEPARATION

ALLOWANCE TO PERIODS BETWEEN DEPLOYMENTS LESS

THAN 30 DAYS APART.

(a) COVERAGE OF PERIOD BETWEEN CERTAIN DEPLOYMENTS.— Section 427(b) of title 37, United States Code, is amended—

(1) in paragraph (2), by striking out the first sentence;

(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following new para- graph:

‘‘(2) A member who becomes entitled to an allowance under

this subsection by virtue of duty prescribed in subparagraph (B)

or (C) of paragraph (1) for a continuous period of more than 30

days is entitled to the allowance effective as of the earlier of— ‘‘(A) the first day of that period; or

‘‘(B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the

end of duty prescribed in such subparagraphs, if the member

ceased being entitled to the previous allowance within 30 days

before the first day of that period.’’.

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

(a) shall take effect as of June 20, 1994.

Subtitle D—Retired Pay and Survivor

Benefits

SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES

FOR MILITARY AND CIVILIAN RETIREE COST-OF-LIVING

ADJUSTMENTS FOR FISCAL YEAR 1995.

(a) IN GENERAL.—The fiscal year 1995 increase in military

retired pay shall (notwithstanding subparagraph (B) of section

1401a(b)(2) of title 10, United States Code) first be payable as

part of such retired pay for the month of March 1995. (b) DEFINITIONS.—For the purposes of subsection (a):

(1) The term ‘‘fiscal year 1995 increase in military retired

pay’’ means the increase in retired pay that, pursuant to para-
S. 2182—124

graph (1) of section 1401a(b) of title 10, United States Code,

becomes effective on December 1, 1994.

(2) The term ‘‘retired pay’’ includes retainer pay.

(c) LIMITATION.—Subsection (a) shall be effective only if there

is appropriated to the Department of Defense Military Retirement

Fund (in an Act making appropriations for the Department of

Defense for fiscal year 1995 that is enacted before March 1, 1995)

such amount as is necessary to offset increased outlays to be made

from that fund during fiscal year 1995 by reason of the provisions

of subsection (a).

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for fiscal year 1995 to the Department of Defense

Military Retirement Fund the sum of $376,000,000 to offset

increased outlays to be made from that fund during fiscal year

1995 by reason of the provisions of subsection (a).

SEC. 632. SENSE OF CONGRESS ON EQUAL TREATMENT OF EFFECTIVE

DATES FOR FUTURE COST-OF-LIVING ADJUSTMENTS FOR

MILITARY AND CIVILIAN RETIREES.

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

(1) Congress, in the Omnibus Budget Reconciliation Act

of 1993, changed the effective dates for future cost-of-living

adjustments for military retired pay and for Federal civilian

retirement annuities, which (before that Act) were provided

by law to be made effective on December 1 each year.

(2) The timing, and the percentage of increase, of military

and Federal civilian retirees’ cost-of-living adjustments have

been linked for decades.

(3) The effect of the enactment of the Omnibus Budget

Reconciliation Act of 1993 was to abandon the longstanding

congressional practice of treating military and Federal civilian

retirees identically in matters related to cost-of-living adjustments.

(b) SENSE OF CONGRESS.—In light of the findings in subsection

(a), it is the sense of Congress that—

(1) as a matter of simple equity and fairness, it is imperative that cost-of-living adjustments in retirement benefits for

military and Federal civilian retirees be returned to an identical

schedule as soon as possible, but not later than January 1,

1999;

(2) if after October 1, 1998, there is, by law, a difference

between the date on which a cost-of-living adjustment for Federal civilian retirees takes effect and the date on which a

cost-of-living adjustment for military retirees takes effect, then

the difference in those effective dates should be eliminated

by requiring that cost-of-living adjustments for both classes

of retirees become effective on the earlier of the two dates;

and

(3) if after October 1, 1998, there is, by law, a difference

between the first month for which a cost-of-living adjustment

for civilian retirees is payable and the first month for which

a cost-of-living adjustment for military retirees is payable, then

the difference in the months for which those adjustments are

first payable should be eliminated by requiring that the costof-living adjustments for both classes of retirees first become

payable for the earlier of the two months.
S. 2182—125

SEC. 633. CLARIFICATION OF CALCULATION OF RETIRED PAY FOR

OFFICERS WHO RETIRE IN A GRADE LOWER THAN THE

GRADE HELD AT RETIREMENT.

(a) PREVENTION OF RETIRED PAY BASED ON GRADE HIGHER

THAN RETIRED GRADE.—Section 1401a(f) of title 10, United States

Code, is amended—

(1) in the first sentence, by inserting ‘‘based on the grade

in which the member is retired’’ after ‘‘at an earlier date’’;

(2) in the second sentence, by inserting ‘‘, except that

such computation may not be based on a rate of basic pay

for a grade higher than the grade in which the member is

retired’’ before the period at the end; and

(3) by striking out the third sentence. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to the computation of the retired pay

of a member of the Armed Forces who retires on or after the

date of the enactment of this Act.

SEC. 634. WAIVER OF ADMINISTRATIVE TIME-IN-GRADE REQUIREMENTS TO PREVENT PAY INVERSIONS IN RETIRED PAY

OF CERTAIN MILITARY RETIREES.

(a) AUTHORITY.—The Secretary concerned may, for purposes

of the computation under section 1401a(f) of title 10, United States

Code, of the retired pay of military retirees described in subsection

(b), waive any administrative time-in-grade regulation (as described

in subsection (d)) that would otherwise apply to such computation.

Any such waiver may be made retroactive, in the case of any

such retiree, to the date on which that retiree initially became

entitled to retired pay. (b) COVERED RETIREES.—This section applies to any military

retiree—

(1) who initially became entitled to retired pay on or after

January 1, 1971, and before the date of the enactment of

this Act;

(2) whose retired pay, by reason of the provisions of section 1401a(f) of title 10, United States Code (the so-called ‘‘Tower

amendment’’), was initially computed as an amount greater

than would have been the case but for that section; and

(3) who, as of the earlier computation date applicable to

that retiree—

(A) in the case of an individual retired in an enlisted

grade, had served in the grade in which the retiree retired

for a period that was less than the period prescribed by

the applicable administrative time-in-grade requirement

described in subsection (d); and

(B) in the case of an individual retired in an officer

grade—

(i) was subject to an administrative time-in-grade

requirement described in subsection (d) that established a time-in-grade requirement that was longer

than the statutory time-in-grade requirement

applicable to that member; and

(ii) had served in the grade in which the retiree

retired for a period that was less than the period

prescribed by such administrative time-in-grade

requirement but not less than the statutory time-ingrade requirement applicable to that member.
S. 2182—126

(c) EARLIER COMPUTATION DATE.—For purposes of subsection

(b)(3), the earlier computation date applicable to a military retiree

is the date that (under such section 1401a(f) as in effect on the

date of the member’s retirement) was the ‘‘earlier date’’ that was

used as the basis for the computation of the retiree’s retired pay.

(d) REGULATIONS SUBJECT TO WAIVER.—A regulation that may

be waived under subsection (a) is any regulation (not required

by law) that establishes a minimum period of time that a member

of the Armed Forces must have served in a grade on active duty

in order to be eligible to retire in that grade.

(e) SCOPE OF WAIVER AUTHORITY.—The Secretary concerned

may exercise the authority provided in subsection (a) in the case

of an individual military retiree or for any group of military retirees.

(f) MILITARY RETIREE DEFINED.—For purposes of this section,

the term ‘‘military retiree’’ means a member or former member

of the Armed Forces who is entitled to retired pay.

(g) SECRETARY CONCERNED.—For purposes of this section, the

term ‘‘Secretary concerned’’ has the meaning given such term in

section 101 of title 10, United States Code.

SEC. 635. CREDITING OF RESERVE SERVICE OF ENLISTED MEMBERS

FOR COMPUTATION OF RETIRED PAY.

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

is amended—

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

his retired pay under section 3991 of this title,’’; and

(B) by striking out subsection (c).

(2)(A) Paragraph (1) of subsection (a) of section 3991 of such

title is amended to read as follows:

‘‘(1) FORMULA.—The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying— ‘‘(A) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by ‘‘(B) the retired pay multiplier prescribed in section

1409 of this title for the number of years credited to the

member under section 1405 of this title.’’.

(B) Subsection (b) of such section is amended—

(i) in paragraph (1), by striking out ‘‘of the table’’; and

(ii) by striking out paragraph (3). (3) The text of section 3992 of such title is amended to read

as follows:

‘‘(a) ENTITLEMENT TO RECOMPUTATION.—An enlisted member

or warrant officer of the Army who is advanced on the retired

list under section 3964 of this title is entitled to recompute his

retired pay in accordance with this section.

‘‘(b) FORMULA.—The monthly retired pay of a member entitled

to recompute that pay under this section is computed by multiplying—

‘‘(1) the member’s retired pay base (as computed under

section 1406(c) or 1407 of this title), by

‘‘(2) the retired pay multiplier prescribed in section 1409

of this title for the number of years credited to the member

under section 1405 of this title.

‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The amount computed under subsection (b), if not a multiple of $1, shall be rounded

to the next lower multiple of $1.’’.
S. 2182—127

(b) NAVY AND MARINE CORPS.—The table in section 6333(a)

of title 10, United States Code, is amended by striking out ‘‘his

years of active service in the armed forces’’ in formula C under

the column designated ‘‘Column 2’’ and inserting in lieu thereof

‘‘the years of service that may be credited to him under section

1405.’’.

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

Code, is amended—

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

his retired pay under section 8991 of this title,’’; and

(B) by striking out subsection (c).

(2)(A) Paragraph (1) of subsection (a) of section 8991 of such

title is amended to read as follows:

‘‘(1) FORMULA.—The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying—

‘‘(A) the member’s retired pay base (as computed under

section 1406(e) or 1407 of this title), by

‘‘(B) the retired pay multiplier prescribed in section

1409 of this title for the number of years credited to the

member under section 1405 of this title.’’.

(B) Subsection (b) of such section is amended—

(i) in paragraph (1), by striking out ‘‘of the table’’; and

(ii) by striking out paragraph (3).

(3) The text of section 8992 of such title is amended to read

as follows:

‘‘(a) ENTITLEMENT TO RECOMPUTATION.—An enlisted member

or warrant officer of the Air Force who is advanced on the retired

list under section 8964 of this title is entitled to recompute his

retired pay in accordance with this section.

‘‘(b) FORMULA.—The monthly retired pay of a member entitled

to recompute that pay under this section is computed by multiplying—

‘‘(1) the member’s retired pay base (as computed under

section 1406(e) or 1407 of this title), by

‘‘(2) the retired pay multiplier prescribed in section 1409

of this title for the number of years credited to the member

under section 1405 of this title.

‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The amount computed under subsection (b), if not a multiple of $1, shall be rounded

to the next lower multiple of $1.’’.

(d) CONFORMING AMENDMENT.—Section 1405 of title 10, United

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

subsection:

‘‘(c) EXCLUSION OF TIME REQUIRED TO BE MADE UP.—Time

required to be made up by an enlisted member of the Army or

Air Force under section 972 of this title may not be counted in

determining years of service under subsection (a).’’.

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

(1) the computation of the retired pay of any enlisted

member who retires on or after the date of the enactment

of this Act;

(2) the computation of the retainer pay of any enlisted

member who is transferred to the Fleet Reserve or the Fleet

Marine Corps Reserve on or after the date of the enactment

of this Act; and
S. 2182—128

(3) the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after the

date of the enactment of this Act.

SEC. 636. MINIMUM REQUIRED RESERVE SERVICE FOR ELIGIBILITY

FOR RETIRED PAY FOR NONREGULAR SERVICE DURING

FORCE DRAWDOWN PERIOD.

Section 1331 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(f) In the case of a person who completes the service require- ments of subsection (a)(2) during the period beginning on the date

of the enactment of this subsection and ending on September 30,

1999, the provisions of subsection (a)(3) shall be applied by

substituting ‘the last six years’ for ‘the last eight years’.’’.

SEC. 637. SBP PREMIUMS FOR RESERVE-COMPONENT CHILD-ONLY

COVERAGE.

(a) DETERMINATION OF PREMIUMS.—Subsection (b) of section

1452 of title 10, United States Code, is amended to read as follows:

‘‘(b) CHILD-ONLY ANNUITIES.— ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—The retired

pay of a participant in the Plan who is providing child-only

coverage (as described in paragraph (4)) shall be reduced by

an amount prescribed under regulations by the Secretary of

Defense.

‘‘(2) NO REDUCTION WHEN NO CHILD.—There shall be no

reduction in retired pay under paragraph (1) for any month

during which the participant has no eligible dependent child. ‘‘(3) SPECIAL RULE FOR CERTAIN RCSBP PARTICIPANTS.—In

the case of a participant in the Plan who is participating

in the Plan under an election under section 1448(a)(2)(B) of

this title and who provided child-only coverage during a period

before the participant becomes entitled to receive retired pay,

the retired pay of the participant shall be reduced by an amount

prescribed under regulations by the Secretary of Defense to

reflect the coverage provided under the Plan during the period

before the participant became entitled to receive retired pay.

A reduction under this paragraph is in addition to any reduction

under paragraph (1) and is made without regard to whether

there is an eligible dependent child during a month for which

the reduction is made.

‘‘(4) CHILD-ONLY COVERAGE DEFINED.—For the purposes of

this subsection, a participant in the Plan who is providing

child-only coverage is a participant who has a dependent child

and who—

‘‘(A) does not have an eligible spouse or former spouse;

or

‘‘(B) has a spouse or former spouse but has elected

to provide an annuity for dependent children only.’’.

(b) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),

the amendment made by subsection (a) applies to any election

for child-only coverage under a reserve-component annuity under

the Survivor Benefit Plan, whether made before, on, or after the

date of the enactment of this Act.

(2) Paragraph (1) does not apply in a case of an election referred

to in that paragraph that was made before the date of the enactment

of this Act if the participant was informed, in writing, before the

date of the enactment of this Act that no reduction in the partici-
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pant’s retired pay for child-only coverage would be made during

a period when there was no eligible dependent child.

SEC. 638. DISCONTINUATION OF INSURABLE INTEREST COVERAGE

UNDER SURVIVOR BENEFIT PLAN.

Paragraph (1) of section 1448(b) of title 10, United States Code, is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

(2) by adding at the end the following: ‘‘(B) An election under subparagraph (A) for a beneficiary who is not the former spouse of the person providing the annuity may

be terminated. Any such termination shall be made by a participant

by the submission to the Secretary concerned of a request to discontinue participation in the Plan, and such participation in the

Plan shall be discontinued effective on the first day of the first

month following the month in which the request is received by

the Secretary concerned. Effective on such date, the Secretary concerned shall discontinue the reduction being made in such person’s

retired pay on account of participation in the Plan or, in the case

of a person who has been required to make deposits in the Treasury

on account of participation in the Plan, such person may discontinue

making such deposits effective on such date.

‘‘(C) A request under subparagraph (B) to discontinue participation in the Plan shall be in such form and shall contain such

information as may be required under regulations prescribed by

the Secretary of Defense.

‘‘(D) The Secretary concerned shall furnish promptly to each

person who submits a request under subparagraph (B) to discontinue participation in the Plan a written statement of the advantages and disadvantages of participating in the Plan and the possible disadvantages of discontinuing participation. A person may

withdraw the request to discontinue participation if withdrawn

within 30 days after having been submitted to the Secretary concerned.

‘‘(E) Once participation is discontinued, benefits may not be

paid in conjunction with the earlier participation in the Plan and

premiums paid may not be refunded. Participation in the Plan

may not later be resumed except through a qualified election under

paragraph (5) of subsection (a).’’.

SEC. 639. FORFEITURE OF ANNUITY OR RETIRED PAY OF MEMBERS

CONVICTED OF ESPIONAGE UNDER UCMJ.

(a) FORFEITURE.—Section 8312(b)(2)(A) of title 5, United States

Code, is amended by striking out ‘‘or article 106 (spies)’’ and inserting in lieu thereof ‘‘, article 106 (spies), or article 106a (espionage)’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

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

shall apply to persons convicted of espionage under section 906a

of title 10, United States Code (article 106a of the Uniform Code

of Military Justice), on or after the date of the enactment of this

Act.

SEC. 640. TREATMENT OF RETIRED AND RETAINER PAY OF MEMBERS

OF CADRE OF CIVILIAN COMMUNITY CORPS.

Section 159(c)(3) of the National and Community Service Act

of 1990 (42 U.S.C. 12619(c)(3)) is amended by adding at the end

the following: ‘‘In the case of a member of the permanent cadre

who was recommended for appointment in accordance with section
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162(a)(2)(A) and is entitled to retired or retainer pay, section 5532

of title 5, United States Code, shall not apply to reduce the member’s

retired or retainer pay by reason of the member being paid as

a member of the cadre.’’.

Subtitle E—Other Matters

SEC. 651. ELIGIBILITY OF MEMBERS RETIRED UNDER TEMPORARY

SPECIAL RETIREMENT AUTHORITY FOR SERVICEMEN’S

GROUP LIFE INSURANCE.

(a) ELIGIBILITY.—Section 1965(5) of title 38, United States Code,

is amended—

(1) by striking out ‘‘and’’ at the end of subparagraph (C);

(2) by redesignating subparagraph (D) as subparagraph

(E); and

(3) by inserting after subparagraph (C) the following new

subparagraph (D):

‘‘(D) a person transferred to the Retired Reserve of

a uniformed service under the temporary special retirement

authority provided in section 1331a of title 10 who has

not received the first increment of retirement pay or has

not reached sixty-one years of age; and’’.

(b) INSURANCE COVERAGE.—Section 1967(a) of such title is

amended—

(1) by striking out ‘‘and’’ at the end of paragraph (2);

(2) by adding ‘‘and’’ at the end of paragraph (3);

(3) by inserting after paragraph (3) the following:

‘‘(4) any member assigned to the Retired Reserve of a

uniform service who meets the qualifications set forth in section

1965(5)(D) of this title;’’; and

(4) in the second sentence, by inserting after ‘‘section 1965(5)(C) of this title,’’ the following: ‘‘or the first day a member of the Reserves meets the qualifications of section

1965(5)(D) of this title,’’.

(c) DURATION OF COVERAGE.—Section 1968(a) of such title is

amended—

(1) in the matter preceding paragraph (1), by striking out ‘‘section 1965(5) (B) or (C)’’ and inserting in lieu thereof

‘‘subparagraph (B), (C), or (D) of section 1965(5)’’; (2) in paragraph (4)— (A) by striking out ‘‘or’’ at the end of subparagraph (A);

(B) by striking out the period at the end of subpara- graph (B) and inserting in lieu thereof ‘‘; or’’; and

(C) by adding at the end the following new subparagraph:

‘‘(C) unless on the date of such separation or release

the member is transferred to the Retired Reserve of a

uniformed service under the temporary special retirement

authority provided in section 1331a of title 10, in which

event the insurance, unless converted to an individual policy under terms and conditions set forth in section 1977(e)

of this title, shall, upon timely payment of premiums under

terms prescribed by the Secretary directly to the administrative office established under section 1966(b) of this title,

continue in force until receipt of the first increment of
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retirement pay by the member or the member’s sixty-first

birthday, whichever occurs earlier.’’; and

(3) by adding at the end the following:

‘‘(6) with respect to a member of the Retired Reserve who

meets the qualifications of section 1965(5)(D) of this title, at

such time as the member receives the first increment of retirement pay, or the member’s sixty-first birthday, whichever

occurs earlier, subject to the timely payment of the initial

and subsequent premiums, under terms prescribed by the Secretary, directly to the administrative office established under

section 1966(b) of this title.’’.

(d) DEDUCTIONS.—Section 1969 of such title is amended—

(1) in subsection (a)(2)—

(A) by striking out ‘‘or is assigned’’ and inserting in

lieu thereof ‘‘is assigned’’; and

(B) by inserting after ‘‘section 1965(5)(C) of this title,’’

the following: ‘‘or is assigned to the Retired Reserve and

meets the qualifications of section 1965(5)(D) of this title,’’;

and

(2) in subsection (e), by striking out ‘‘section 1965(5)(C)’’

in the first sentence and inserting in lieu thereof ‘‘subparagraph

(C) or (D) of section 1965(5)’’.

SEC. 652. TRANSPORTATION OF REMAINS.

(a) TRANSPORTATION OF REMAINS OF DECEASED RETIRED MEMBERS WHO DIE OUTSIDE UNITED STATES.—(1) Section 1481 of title

10, United States Code, is amended—

(A) in subsection (a)—

(i) by striking out ‘‘the remains of—’’ and inserting

in lieu thereof ‘‘the remains of the following persons:’’; (ii) by capitalizing the first letter of the first word

in each paragraph; (iii) by striking out the semicolon at the end of each paragraph (other than paragraphs (7) and (8)) and inserting

in lieu thereof a period;

(iv) by striking out ‘‘; and’’ at the end of paragraph (7) and inserting in lieu thereof a period; and (v) by adding after paragraph (8) the following new

paragraph:

‘‘(9) To the extent authorized under section 1482(g) of this

title, any retired member of an armed force who dies while

outside the United States or any individual who dies outside

the United States while a dependent of such a member.’’; and

(B) by adding at the end the following new subsection: ‘‘(c) In this section, the term ‘dependent’ has the meaning

given such term in section 1072(2) of this title.’’.

(2) Section 1482 of such title is amended by adding at the

end the following new subsection:

‘‘(g) The payment of expenses incident to the recovery, care,

and disposition of a decedent covered by section 1481(a)(9) of this

title is limited to the payment of expenses described in paragraphs

(1) through (5) of subsection (a) and air transportation of the

remains from a location outside the United States to a point of

entry in the United States. Such air transportation may be provided

without reimbursement on a space-available basis in military or

military-chartered aircraft. The Secretary concerned shall pay all

other expenses authorized to be paid under this subsection only
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on a reimbursable basis. Amounts reimbursed to the Secretary

concerned under this subsection shall be credited to appropriations

available, at the time of reimbursement, for the payment of such

expenses.’’.

(3) The amendments made by this subsection shall apply with

respect to the remains of, and incidental expenses incident to the

recovery, care, and disposition of, an individual who dies after

the date of the enactment of this Act.

(b) TRANSPORTATION OF REMAINS OF DECEASED VETERANS ON

AEROMEDICAL EVACUATION AIRCRAFT.—(1) Subsection (a) of section

2641 of title 10, United States Code, is amended by inserting

before the period the following: ‘‘or of transporting the remains

of a deceased veteran who died at such a facility after being transported to the facility under this subsection. Transportation of the

remains of a deceased veteran under this subsection may be provided to the place from which the veteran was transported to

the facility or to any other destination which is not farther away

from the facility than such place’’.

(2) Such section is further amended—

(A) in subsection (b)—

(i) in the matter preceding paragraph (1), by inserting

‘‘(or for the remains of a veteran)’’ after ‘‘furnished to

a veteran’’;

(ii) in paragraph (1), by inserting ‘‘(or of the remains

of such veteran)’’ after ‘‘of such veteran’’; and

(iii) in paragraph (2), by inserting ‘‘(or the remains

of the veteran)’’ after ‘‘for the veteran’’;

(B) in subsection (d)(1)—

(i) by inserting ‘‘(or on the survivors of a veteran)’’

after ‘‘on a veteran’’; and

(ii) by inserting ‘‘(or for the remains of the veteran)’’

after ‘‘to the veteran’’; and

(C) in subsection (d)(2), by inserting ‘‘(or for the remains

of veterans)’’ after ‘‘to veterans’’.

SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR DEPARTMENT OF DEFENSE PERSONNEL OUTSIDE THE UNITED

STATES.

(a) IN GENERAL.—Chapter 53 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 1060a. Special supplemental food program

‘‘(a) AUTHORITY.—The Secretary of Defense may carry out a

program to provide special supplemental food benefits to members

of the armed forces on duty at stations outside the United States

(and its territories and possessions) and to eligible civilians serving

with, employed by, or accompanying the armed forces outside the

United States (and its territories and possessions).

‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For the purpose

of obtaining Federal payments and commodities in order to carry

out the program referred to in subsection (a), the Secretary of

Agriculture shall make available to the Secretary of Defense from

funds appropriated for such purpose, the same payments and

commodities as are made for the special supplemental food program

in the United States under section 17 of the Child Nutrition Act

of 1966 (42 U.S.C. 1786).
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‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Secretary of

Defense shall administer the program referred to in subsection

(a) and, except as provided in subparagraph (B), shall determine

eligibility for program benefits under the criterion published by

the Secretary of Agriculture under section 17 of the Child Nutrition

Act of 1966 (42 U.S.C. 1786).

‘‘(B) The Secretary of Defense shall prescribe regulations

governing computation of income eligibility standards for families

of individuals participating in the program under this section.

‘‘(2) The program benefits provided under the program shall

be similar to benefits provided by State and local agencies in

the United States.

‘‘(d) DEPARTURE FROM STANDARDS.—The Secretary of Defense

may authorize departures from standards prescribed by the Secretary of Agriculture regarding the supplemental foods to be made

available in the program when local conditions preclude strict

compliance or when such compliance is highly impracticable.

‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe

regulations to administer the program authorized by this section.

‘‘(f) DEFINITIONS.—In this section:

‘‘(1) The term ‘eligible civilian’ means—

‘‘(A) a dependent of a member of the armed forces

residing with the member outside the United States;

‘‘(B) an employee of a military department who is a

national of the United States and is residing outside the

United States in connection with such individual’s employment or a dependent of such individual residing with the

employee outside the United States; or ‘‘(C) an employee of a Department of Defense contractor

who is a national of the United States and is residing

outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States.

‘‘(2) The term ‘national of the United States’ means—

‘‘(A) a citizen of the United States; or

‘‘(B) a person who, though not a citizen of the United

States, owes permanent allegiance to the United States

(as defined in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22))).

‘‘(3) The term ‘dependent’ has the meaning given such term in subparagraphs (A), (D), (E), and (I) of section 1072(2)

of this title.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended

by adding at the end the following new item:

‘‘1060a. Special supplemental food program.’’.

SEC. 654. STUDY OF OFFSET OF DISABILITY COMPENSATION BY

RECEIPT OF SEPARATION BENEFITS AND INCENTIVES.

(a) STUDY REQUIRED.—The Comptroller General of the United

States shall carry out a study regarding the requirement in each

of the following provisions of title 10, United States Code, to offset

the amount of disability compensation payable to a veteran by

the amount of the separation benefits paid to the veteran under

such provision of law:

(1) Section 1174, relating to payment of separation pay

upon involuntary discharge or release from active duty.
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(2) Section 1174a(a), relating to payment of a special separation benefit for voluntary separation.

(3) Section 1175, relating to payment of a voluntary separation incentive.

(b) ELEMENTS OF STUDY.—In carrying out the study required

under subsection (a), the Comptroller General shall—

(1) determine the purposes of the provisions of law referred

to in such subsection;

(2) determine the justifications for the requirement for

offset of disability compensation provided in each such provision

of law;

(3) assess the financial effects of the offset requirements

on affected veterans, and the fiscal effects of the offset requirements on the Federal Government, taking into consideration—

(A) an estimate (by the Comptroller General) of the

number of members of the Armed Forces who will separate

from the Armed Forces during the period beginning on

the date of the enactment of this Act and ending on September 30, 1999;

(B) an estimate (by the Comptroller General) of—

(i) the number of such members who will receive

separation benefits under the provisions of law referred

to in subsection (a); and

(ii) the average amount of the benefits to be paid

such members;

(C) an estimate (by the Comptroller General) of—

(i) the number of such members who will be entitled to disability compensation payable by the Secretary of Veterans Affairs; and

(ii) the average monthly amount of the compensation to which such members will be entitled; and

(D) an assessment (by the Comptroller General) of

the extent, if any, to which the offset affects the capacity

of such members to meet their financial obligations, including financial obligations incurred in connection with service

in the Armed Forces or with separation from that service,

and increased net costs for housing and medical care;

(4) determine the extent, if any, to which the offset of

disability compensation required under the provisions of law

referred to in subsection (a) reduces the effectiveness of such

provisions of law for achieving the purposes of those provisions

of law; and

(5) determine the cost to the Federal Government that

would result from repeal of the offset requirements in such

provisions of law.

(c) RESULTS OF STUDY.—Not later than 180 days after the

date of the enactment of this Act, the Comptroller General shall

submit to the Committees on Armed Services and the Committees

on Veterans’ Affairs of the Senate and the House of Representatives

a report containing the results of the study required under subsection (a). The report shall include recommendations of the

Comptroller General for improvement of the separation benefits

under the provisions of law referred to in subsection (a).
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TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO INCLUDE

YOUNG PEOPLE BEING ADOPTED BY MEMBERS OR

FORMER MEMBERS.

(a) ELIGIBILITY FOR HEALTH BENEFITS.—Section 1072 of title

10, United States Code, is amended—

(1) in paragraph (2)(D), by striking out the matter preced- ing clause (i) and inserting in lieu thereof the following: ‘‘(D) a child who—’’; and

(2) by adding at the end the following new paragraph:

‘‘(6) The term ‘child’, with respect to a member or former

member of a uniformed service, means the following: ‘‘(A) An unmarried legitimate child.

‘‘(B) An unmarried adopted child.

‘‘(C) An unmarried stepchild.

‘‘(D) An unmarried person—

‘‘(i) who is placed in the home of the member

or former member by a placement agency (recognized

by the Secretary of Defense) in anticipation of the

legal adoption of the person by the member or former

member; and

‘‘(ii) who otherwise meets the requirements specified in paragraph (2)(D).’’. (b) CONFORMING AMENDMENT.—Section 401(b)(1)(B) of title 37,

United States Code, is amended by striking out ‘‘placement agency

for the purpose of adoption’’ and inserting in lieu thereof ‘‘placement

agency (recognized by the Secretary of Defense) in anticipation

of the legal adoption of the child by the member’’.

SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHILDREN FOR

PURPOSES OF CHAMPUS, DEPENDENTS’ DENTAL PROGRAM, AND CONTINUED HEALTH BENEFITS COVERAGE.

(a) CHAMPUS.—(1) Subsection (a) of section 1079 of title 10,

United States Code, is amended in the first sentence by striking

out ‘‘spouses and children’’ and inserting in lieu thereof ‘‘dependents,

as described in subparagraphs (A), (D), and (I) of section 1072(2)

of this title,’’.

(2) Subsection (d) of such section is amended by striking out

‘‘as defined in section 1072(2) (A) or (D)’’ and inserting in lieu

thereof ‘‘as described in subparagraph (A), (D), or (I) of section

1072(2)’’.

(b) DEPENDENTS’ DENTAL PROGRAM.—Section 1076a of such

title is amended—

(1) in subsection (a)(1), by striking out ‘‘spouses and chil- dren (as described in section 1072(2)(D) of this title)’’ and

inserting in lieu thereof ‘‘eligible dependents’’; (2) in subsection (e), by striking out ‘‘spouse or child’’ and

inserting in lieu thereof ‘‘eligible dependent’’;

(3) in subsection (f), by striking out ‘‘spouse or children’’

both places it appears and inserting in lieu thereof ‘‘eligible

dependents’’; and

(4) by adding at the end the following new subsection:
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‘‘(h) ELIGIBLE DEPENDENT DEFINED.—In this section, the term

‘eligible dependent’ means a dependent described in subparagraph

(A), (D), or (I) of section 1072(2) of this title.’’.

(c) CONTINUED HEALTH BENEFITS COVERAGE.—Section 1078a

of such title is amended—

(1) in subsection (b)(2)(A), by inserting before the semicolon the following: ‘‘or ceases to meet the requirements for being

considered an unmarried dependent under section 1072(2)(I)

of this title’’;

(2) in subsection (c)(3)—

(A) by striking out ‘‘child’’ both places it appears and inserting in lieu thereof ‘‘dependent’’; and (B) by striking out ‘‘child’s’’ each place it appears and inserting in lieu thereof ‘‘dependent’s’’;

(3) in subsection (d)(2)(A)—

(A) by striking out ‘‘child’’ the first, second, and fourth places it appears and inserting in lieu thereof ‘‘dependent’’;

and

(B) by striking out ‘‘an unmarried dependent child under section 1072(2)(D) of this title,’’ and inserting in

lieu thereof ‘‘a dependent under subparagraph (D) or (I)

of section 1072(2) of this title;’’;

(4) in subsection (d)(2)(B)—

(A) by striking out ‘‘child’s’’ and inserting in lieu thereof ‘‘dependent’s’’; and (B) by striking out ‘‘child’’ and inserting in lieu thereof ‘‘dependent’’;

(5) in subsection (g)(1)(B), by striking out ‘‘an unmarried dependent child under section 1072(2)(D) of this title’’ and

inserting in lieu thereof ‘‘a dependent under subparagraph (D)

or (I) of section 1072(2) of this title’’; and

(6) in subsection (g)(2), by striking out ‘‘child’’ both places it appears and inserting in lieu thereof ‘‘dependent’’.

SEC. 703. AVAILABILITY OF DEPENDENTS’ DENTAL PROGRAM OUTSIDE

THE UNITED STATES.

(a) PROGRAM EXPANSION.—Section 1076a of title 10, United

States Code, is amended—

(1) by redesignating subsection (h), as added by section 702(b)(4), as subsection (i); and

(2) by inserting after subsection (g) the following new subsection:

‘‘(h) CARE OUTSIDE THE UNITED STATES.—The Secretary may exercise the authority provided under subsection (a) to establish

basic dental benefits plans for the provision of dental benefits

outside the United States for the eligible dependents of members

of the uniformed services accompanying the members on permanent

assignments to duty outside the United States.’’. (b) CONFORMING AMENDMENT.—Section 1077(c) of such title

is amended by striking out ‘‘and care’’ and inserting in lieu thereof

‘‘, dental care provided outside the United States, and dental care’’.

SEC. 704. AUTHORIZATION FOR MEDICAL AND DENTAL CARE FOR

ABUSED DEPENDENTS OF CERTAIN MEMBERS.

(a) ADDITIONAL BASIS FOR CARE.—Subsection (e) of section 1076

of title 10, United States Code, is amended—

(1) by striking out paragraph (1) and inserting in lieu

thereof the following new paragraph:
S. 2182—137

‘‘(1) Subject to paragraph (3), if an abused dependent of a

former member of a uniformed service described in paragraph (4)

needs medical or dental care for an injury or illness resulting

from abuse by the member, the administering Secretary may, upon

request of the abused dependent, furnish medical or dental care

to the dependent for the treatment of such injury or illness in

facilities of the uniformed services.’’; and

(2) by adding at the end the following new paragraph:

‘‘(4)(A) A former member of a uniformed service referred to

in paragraph (1) is a member who—

‘‘(i) received a dishonorable or bad-conduct discharge or

was dismissed from a uniformed service as a result of a courtmartial conviction for an offense, under either military or civil

law, involving abuse of a dependent of the member; or

‘‘(ii) was administratively discharged from a uniformed

service as a result of such an offense.

‘‘(B) A determination of whether an offense involved abuse

of a dependent of the member shall be made in accordance with

regulations prescribed by the administering Secretary for such uniformed service.’’.

(b) CONFORMING AMENDMENTS.—Such subsection is further

amended—

(1) by inserting ‘‘former’’ before ‘‘member’’ each place it

appears in paragraphs (2) and (3);

(2) in paragraph (2), by striking out ‘‘paragraph (1)(A)’’

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

(3) in paragraph (3)(C)—

(A) by striking out ‘‘is’’ and inserting in lieu thereof

‘‘was’’; and

(B) by striking out ‘‘paragraph (1)(A)’’ and inserting

in lieu thereof ‘‘paragraph (4)’’.

(c) PERSONAL SERVICE CONTRACTS TO PROVIDE CARE.—(1) The

Secretary of Defense may enter into personal service contracts

under the authority of section 1091 of title 10, United States Code,

with persons described in paragraph (2) to provide the services

of clinical counselors, family advocacy program staff, and victim’s

services representatives to members of the Armed Forces and covered beneficiaries who require such services. Notwithstanding subsection (a) of such section, such services may be provided in medical

treatment facilities of the Department of Defense or elsewhere

as determined appropriate by the Secretary.

(2) The persons with whom the Secretary may enter into a

personal services contract under this subsection shall include clinical social workers, psychologists, psychiatrists, and other comparable professionals who have advanced degrees in counseling

or related academic disciplines and who meet all requirements

for State licensure and board certification requirements, if any,

within their fields of specialization.

SEC. 705. ADDITIONAL AUTHORIZED HEALTH CARE SERVICE AVAILABLE THROUGH MILITARY HEALTH CARE SYSTEM.

Section 1077(b)(2)(B) of title 10, United States Code, is amended

by inserting after ‘‘artificial limbs’’ the following: ‘‘, voice prostheses,’’.
S. 2182—138

SEC. 706. DEMONSTRATION PROGRAMS FOR SALE OF PHARMACEUTICALS.

(a) PERSONS ELIGIBLE FOR PARTICIPATION.—Subsection (c)(2)

of section 702 of the National Defense Authorization Act for Fiscal

Year 1993 (Public Law 102–484; 10 U.S.C. 1079 note) is amended

by striking out subparagraph (B) and inserting in lieu thereof

the following new subparagraph: ‘‘(B) either—

‘‘(i) resides in an area that is adversely affected (as determined by the Secretary) by the closure of

a health care facility of the uniformed services as a

result of the closure or realignment of the military

installation at which such facility is located; or ‘‘(ii) can demonstrate to the satisfaction of the

Secretary that the person relied upon a health care

facility referred to in clause (i) before the closure of

the facility to obtain the person’s pharmaceuticals.’’. (b) PURCHASE FEES.—Subsection (d) of such section is amended—

(1) by inserting ‘‘(1)’’ after ‘‘FEES.—’’; and

(2) by adding at the end the following new paragraph: ‘‘(2) In the case of persons eligible to participate in the demonstration project for pharmaceuticals or the retail pharmacy network by reason of clause (ii) of subsection (c)(2)(B), the Secretary

of Defense may increase the fees, charges, and copayments established under paragraph (1)(B) and otherwise applicable to such

persons by an amount necessary to cover any additional costs

incurred by the administering Secretaries as a result of making

pharmaceuticals available to such persons under this section.’’.

SEC. 707. ONE YEAR CONTINUATION OF FULL CHAMPUS AND DEPENDENTS’ DENTAL PROGRAM BENEFITS FOR DEPENDENTS

OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY FOR

A PERIOD OF MORE THAN 30 DAYS.

(a) CONTINUATION OF SECTION 1079 CHAMPUS RULES.—Subsection (g) of section 1079 of title 10, United States Code, is amended by inserting after the first sentence the following new sentence:

‘‘In addition, when a member dies while on active duty for a period

of more than 30 days, the member’s dependents who are receiving

benefits under a plan covered by subsection (a) shall continue

to be eligible for such benefits during the one-year period beginning

on the date of the death of the member.’’.

(b) CONTINUATION OF DEPENDENTS’ DENTAL PROGRAM BENE- FITS.—Subsection (i) of section 1076a of such title, as added by section 702(b)(4) and redesignated by section 703(a)(1), is further

amended—

(1) by inserting ‘‘(1)’’ after ‘‘ELIGIBLE DEPENDENT

DEFINED.—’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The term includes a dependent described in such subparagraphs of a member who dies while on active duty for a period

of more than 30 days if the dependent is enrolled on the date

of the death of the member in a dental benefits plan established

under subsection (a), except that the term does not include the

dependent after the end of the one-year period beginning on the

date of the member’s death. The Secretary of Defense may waive

(in whole or in part) any requirements of the plan as the Secretary
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determines necessary for the effective administration of the plan

for a dependent covered by this paragraph.’’.

(c) APPLICATION OF AMENDMENTS.—The amendments made by

subsections (a) and (b) shall apply with respect to the dependents

described in such amendments of a member of a uniformed service

who dies on or after October 1, 1993, while on active duty for

a period of more than 30 days.

(d) CONFORMING REPEAL.—Section 704 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107

Stat. 1687) is repealed. The repeal of such section shall not terminate the special payment rules provided in such section with respect

to any person eligible for such payment rules on the date of the

enactment of this Act.

Subtitle B—Changes to Existing Laws

Regarding Health Care Management

SEC. 711. COORDINATION OF BENEFITS WITH MEDICARE.

Section 1086(d) of title 10, United States Code, is amended

by striking out paragraph (3) and inserting in lieu thereof the

following:

‘‘(3)(A) Subject to subparagraph (B), if a person described in

paragraph (2) receives medical or dental care for which payment

may be made under medicare and a plan contracted for under

subsection (a), the amount payable for that care under the plan

shall be the amount of the actual out-of-pocket costs incurred by

the person for that care over the sum of—

‘‘(i) the amount paid for that care under medicare; and

‘‘(ii) the total of all amounts paid or payable by third

party payers other than medicare.

‘‘(B) The amount payable for care under a plan pursuant to

subparagraph (A) may not exceed the total amount that would

be paid under the plan if payment for that care were made solely

under the plan.

‘‘(C) In this paragraph:

‘‘(i) The term ‘medicare’ means title XVIII of the Social

Security Act (42 U.S.C. 1395 et seq.).

‘‘(ii) The term ‘third party payer’ has the meaning given

such term in section 1095(h)(1) of this title.’’.

SEC. 712. AUTHORITY FOR REIMBURSEMENT OF PROFESSIONAL

LICENSE FEES UNDER RESOURCE SHARING AGREEMENTS.

Section 1096 of title 10, United States Code, is amended by

adding at the end the following:

‘‘(d) REIMBURSEMENT FOR LICENSE FEES.—In any case in which

it is necessary for a member of the uniformed services to pay

a professional license fee imposed by a government in order to

provide health care services at a facility of a civilian health care

provider pursuant to an agreement entered into under subsection

(a), the Secretary of Defense may reimburse the member for up

to $500 of the amount of the license fee paid by the member.’’.
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SEC. 713. IMPOSITION OF ENROLLMENT FEES FOR MANAGED CARE

PLANS.

Section 1097(c) of title 10, United States Code, is amended

by adding at the end the following new sentence: ‘‘In the case

of contracts for health care services under this section or health

care plans offered under section 1099 of this title for which the

Secretary permits covered beneficiaries who are covered by section

1086 of this title and who participate in such contracts or plans

to pay an enrollment fee in lieu of meeting the applicable deductible

amount specified in section 1086(b) of this title, the Secretary

may establish the same (or a lower) enrollment fee for covered

beneficiaries described in section 1086(d)(1) of this title who also

participate in such contracts or plans.’’.

SEC. 714. STRENGTHENING MANAGED HEALTH CARE AUTHORITIES.

(a) AMENDMENTS TO ALTERNATIVE HEALTH CARE DELIVERY

CONTRACTS AUTHORITY.—Section 1097 of title 10, United States

Code, is amended—

(1) by redesignating subsection (c) (as amended by section

713) as subsection (e); and

(2) by inserting after subsection (b) the following new subsections:

‘‘(c) COORDINATION WITH FACILITIES OF THE UNIFORMED SERVICES.—The Secretary of Defense may provide for the coordination

of health care services provided pursuant to any contract or agreement under this section with those services provided in medical

treatment facilities of the uniformed services. Subject to the availability of space and facilities and the capabilities of the medical

or dental staff, the Secretary may not deny access to facilities

of the uniformed services to a covered beneficiary on the basis

of whether the beneficiary enrolled or declined enrollment in any

program established under, or operating in connection with, any

contract under this section. However, the Secretary may, as an

incentive for enrollment, establish reasonable preferences for services in facilities of the uniformed services for covered beneficiaries

enrolled in any program established under, or operating in connection with, any contract under this section. ‘‘(d) COORDINATION WITH OTHER HEALTH CARE PROGRAMS.— In the case of a covered beneficiary who is enrolled in a managed

health care program not operated under the authority of this chapter, the Secretary may contract under this section with such other

managed health care program for the purpose of coordinating the

beneficiary’s dual entitlements under such program and this chapter. A managed health care program with which arrangements

may be made under this subsection includes any health maintenance organization, competitive medical plan, health care prepayment plan, or other managed care program recognized pursuant

to regulations issued by the Secretary.’’.

(b) AMENDMENTS TO THIRD PARTY COLLECTIONS PROGRAM

AUTHORITY.—Section 1095 of title 10, United States Code, is amended—

(1) in subsection (b), by striking out ‘‘if that care’’ and

all that follows through the period and inserting in lieu thereof

the following: ‘‘shall operate to prevent collection by the United

States under subsection (a) if that care is provided—

‘‘(1) through a facility of the uniformed services;

‘‘(2) directly or indirectly by a governmental entity;
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‘‘(3) to an individual who has no obligation to pay for

that care or for whom no other person has a legal obligation

to pay; or

‘‘(4) by a provider with which the third party payer has

no participation agreement.’’;

(2) in subsection (d), by inserting ‘‘and except as provided

in subsection (j),’’ after ‘‘(b),’’;

(3) in subsection (h)(1), by adding at the end the following

new sentence: ‘‘Such term also includes entities described in

subsection (j) under the terms and to the extent provided in

such subsection.’’; and

(4) by adding at the end the following new subsection:

‘‘(j) The Secretary of Defense may enter into an agreement

with any health maintenance organization, competitive medical

plan, health care prepayment plan, or other similar plan (pursuant

to regulations issued by the Secretary) providing for collection under

this section from such organization or plan for services provided

to a covered beneficiary who is an enrollee in such organization

or plan.’’.

(c) CONDITION ON EXPANSION OF CHAMPUS REFORM INITIATIVE.—Section 712 of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1073 note) is

amended by striking out subsection (c) and inserting in lieu thereof

the following new subsection:

‘‘(c) EVALUATION OF CERTIFICATION.—The Comptroller General

of the United States and the Director of the Congressional Budget

Office shall evaluate each certification made by the Secretary of

Defense under subsection (a) that expansion of the CHAMPUS

reform initiative to another location is the most efficient method

of providing health care to covered beneficiaries in that location.

They shall submit their findings to Congress if these findings differ

substantially from the findings upon which the Secretary made

the decision to expand the CHAMPUS reform initiative.’’.

SEC. 715. DELAY IN DEADLINE FOR USE OF HEALTH MAINTENANCE

ORGANIZATION MODEL AS OPTION FOR MILITARY

HEALTH CARE.

Section 731 of the National Defense Authorization Act for Fiscal

Year 1994 (Public Law 103–160; 107 Stat. 1696; 10 U.S.C. 1073

note) is amended—

(1) in subsection (a), by striking out ‘‘after the date of

the enactment of this Act’’ and inserting in lieu thereof ‘‘after

December 31, 1994’’;

(2) in subsection (e), by striking out ‘‘February 1, 1994’’

and inserting in lieu thereof ‘‘December 31, 1994’’; and

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

(f):

‘‘(f) MODIFICATION OF EXISTING CONTRACTS.—In the case of

managed health care contracts in effect or in final stages of acquisition as of December 31, 1994, the Secretary may modify such

contracts to incorporate the health benefit option required under

subsection (a).’’.

SEC. 716. LIMITATION ON REDUCTION IN NUMBER OF RESERVE

COMPONENT MEDICAL PERSONNEL.

Section 518(a) of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2407) is amended—
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(1) by inserting before the period at the end the following:

‘‘, unless the Secretary certifies to Congress that the number

of such personnel to be reduced in a particular military department is excess to the current and projected needs for personnel

in the Selected Reserve of that military department’’; and

(2) by adding at the end the following new sentence: ‘‘The

assessment of current and projected personnel needs under

this subsection shall be consistent with the wartime requirements for Selected Reserve personnel identified in the final

report on the comprehensive study of the military medical

care system prepared pursuant to section 733 of the National

Defense Authorization Act for Fiscal Years 1992 and 1993

(Public Law 102–190; 10 U.S.C. 1071 note).’’.

SEC. 717. IMPLEMENTATION OF ANNUAL HEALTH CARE SURVEY

REQUIREMENT.

Section 724 of the National Defense Authorization Act for Fiscal

Year 1993 (Public Law 102–484; 106 Stat. 2440; 10 U.S.C. 1071

note) is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) EXEMPTION.—An annual survey under subsection (a) shall

be treated as not a collection of information for the purposes for

which such term is defined in section 3502(4) of title 44, United

States Code.’’.

Subtitle C—Persian Gulf Illness

SEC. 721. PROGRAMS RELATED TO DESERT STORM MYSTERY ILLNESS.

(a) OUTREACH PROGRAM TO PERSIAN GULF VETERANS AND FAMILIES.—The Secretary of Defense shall institute a comprehensive

outreach program to inform members of the Armed Forces who

served in the Southwest Asia theater of operations during the

Persian Gulf Conflict, and the families of such members, of illnesses

that may result from such service. The program shall be carried

out through both medical and command channels, as well as any

other means the Secretary considers appropriate. Under the program, the Secretary shall—

(1) inform such individuals regarding—

(A) common disease symptoms reported by Persian

Gulf veterans that may be due to service in the Southwest

Asia theater of operations;

(B) blood donation policy;

(C) available counseling and medical care for such

members; and

(D) possible health risks to children of Persian Gulf

veterans;

(2) inform such individuals of the procedures for registering

in either the Persian Gulf Veterans Health Surveillance System

of the Department of Defense or the Persian Gulf War Health

Registry of the Department of Veterans Affairs; and

(3) encourage such members to report any symptoms they

may have and to register in the appropriate health surveillance

registry.
S. 2182—143

(b) INCENTIVES TO PERSIAN GULF VETERANS TO REGISTER.—

In order to encourage Persian Gulf veterans to register any symptoms they may have in one of the existing health registries, the

Secretary of Defense shall provide the following:

(1) For any Persian Gulf veteran who is on active duty

and who registers with the Department of Defense’s Persian

Gulf War Veterans Health Surveillance System, a full medical

evaluation and any required medical care.

(2) For any Persian Gulf War veteran who is, as of the

date of the enactment of this Act, a member of a reserve

component, opportunity to register at a military medical facility

in the Persian Gulf Veterans Health Care Surveillance System

and, in the case of a Reserve who registers in that registry,

a full medical evaluation by the Department of Defense.

Depending on the results of the evaluation and on eligibility

status, reserve personnel may be provided medical care by

the Department of Defense.

(3) For a Persian Gulf veteran who is not, as of the date

of the enactment of this Act, on active duty or a member

of a reserve component, assistance and information at a military

medical facility on registering with the Persian Gulf War Registry of the Department of Veterans Affairs and information

related to support services provided by the Department of Veterans Affairs.

(c) COMPATIBILITY OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS REGISTRIES.—The Secretary of Defense

shall take appropriate actions to ensure—

(1) that the data collected by and the testing protocols

of the Persian Gulf War Health Surveillance System maintained by the Department of Defense are compatible with the

data collected by and the testing protocols of the Persian Gulf

War Veterans Health Registry maintained by the Department

of Veterans Affairs; and

(2) that all information on individuals who register with

the Department of Defense for purposes of the Persian Gulf

War Health Surveillance System is provided to the Secretary

of Veterans Affairs for incorporation into the Persian Gulf

War Veterans Health Registry.

(d) PRESUMPTIONS ON BEHALF OF SERVICE MEMBER.—(1) A

member of the Armed Forces who is a Persian Gulf veteran, who

has symptoms of illness, and who the Secretary concerned finds

may have become ill as a result of serving on active duty in

the Southwest Asia theater of operations during the Persian Gulf

War shall be considered for Department of Defense purposes to

have become ill as a result of serving in that theater of operations.

(2) A member of the Armed Forces who is a Persian Gulf

veteran and who reports being ill as a result of serving on active

duty in the Southwest Asia theater of operations during the Persian

Gulf War shall be considered for Department of Defense purposes

to have become ill as a result of serving in that theater of operations

until such time as the weight of medical evidence establishes other

cause or causes of the member’s illness.

(3) The Secretary concerned shall ensure that, for the purposes

of health care treatment by the Department of Defense, health

care and personnel administration, and disability evaluation by

the Department of Defense, the symptoms of any member of the

Armed Forces covered by paragraph (1) or (2) are examined in
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light of the member’s service in the Persian Gulf War and in

light of the reported symptoms of other Persian Gulf veterans.

The Secretary shall ensure that, in providing health care diagnosis

and treatment of the member, a broad range of potential causes

of the member’s symptoms are considered and that the member’s

symptoms are considered collectively, as well as by type of symptom

or medical specialty, and that treatment across medical specialties

is coordinated appropriately.

(4) The Secretary of Defense shall ensure that the presumptions

of service connection and illness specified in paragraphs (1) and

(2) are incorporated in appropriate service medical and personnel

regulations and are widely disseminated throughout the Department of Defense.

(e) REVISION OF THE PHYSICAL EVALUATION BOARD CRITERIA.—

(1) The Secretary of Defense, in consultation with the Secretary

of Veterans Affairs and the Secretary of Health and Human Services, shall ensure that case definitions of Persian Gulf related

illnesses, as well as the Physical Evaluation Board criteria used

to set disability ratings for members no longer medically qualified

for continuation on active duty, are established as soon as possible

to permit accurate disability ratings related to a diagnosis of Persian

Gulf illnesses.

(2) Until revised disability criteria can be implemented and

members of the Armed Forces can be rated against those criteria,

the Secretary of Defense shall ensure—

(A) that any member of the Armed Forces on active duty

who may be suffering from a Persian Gulf-related illness is

afforded continued military medical care; and (B) that any member of the Armed Forces on active duty

who is found by a Physical Evaluation Board to be unfit for

continuation on active duty as a result of a Persian Gulfrelated illness for which the board has no rating criteria (or

inadequate rating criteria) for the illness or condition from

which the member suffers is placed on the temporary disability

retired list.

(f) REVIEW OF RECORDS AND RERATING OF PREVIOUSLY DIS- CHARGED GULF WAR VETERANS.—(1) The Secretary of Defense, in

consultation with the Secretary of Veterans Affairs, shall ensure

that a review is made of the health and personnel records of

each Persian Gulf veteran who before the date of the enactment

of this Act was discharged from active duty, or was medically

retired, as a result of a Physical Evaluation Board process. (2) The review under paragraph (1) shall be carried out to

ensure that former Persian Gulf veterans who may have been

suffering from a Persian Gulf-related illness at the time of discharge

or retirement from active duty as a result of the Physical Evaluation

Board process are revaluated in accordance with the criteria established under subsection (e)(1) and, if appropriate, are rerated.

(g) PERSIAN GULF ILLNESS MEDICAL REFERRAL CENTERS.—The

Secretary of Defense shall evaluate the feasibility of establishing

one or more medical referral centers to provide uniform, coordinated

medical care for Persian Gulf veterans on active duty who are

or may be suffering from a Persian Gulf-related illness. The Secretary shall submit a report on such feasibility to the Committees

on Armed Services of the Senate and House of Representatives

not later than six months after the date of the enactment of this

Act.
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(h) ANNUAL REPORT TO CONGRESS.—(1) The Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and House of Representatives an annual report on—

(A) efforts taken and results achieved in notifying members

of the Armed Forces and their families as part of the outreach

program required by subsection (a);

(B) efforts taken to revise the Physical Evaluation Board

disability rating criteria and interim efforts to adjudicate cases

before the revision of the criteria; and

(C) results of the review and rerating of previously separated servicemembers.

(2) The first report under paragraph (1) shall be submitted

not later than 120 days after the date of the enactment of this

Act.

(i) PERSIAN GULF VETERAN.—For purposes of this section, a

Persian Gulf veteran is an individual who served on active duty

in the Armed Forces in the Southwest Asia theater of operations

during the Persian Gulf Conflict.

SEC. 722. STUDIES OF HEALTH CONSEQUENCES OF MILITARY SERVICE

OR EMPLOYMENT IN SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.

(a) IN GENERAL.—The Secretary of Defense, in coordination

with the Secretary of Veterans Affairs and the Secretary of Health

and Human Services, shall conduct studies and administer grants

for studies to determine—

(1) the nature and causes of illnesses suffered by individuals as a consequence of service or employment by the United

States in the Southwest Asia theater of operations during the

Persian Gulf War; and

(2) the appropriate treatment for those illnesses.

(b) NATURE OF THE STUDIES.—(1) Studies under subsection

(a)—

(A) shall include consideration of the range of potential

exposure of individuals to environmental, battlefield, and other

conditions incident to service in the theater;

(B) shall be conducted so as to provide assessments of

both short-term and long-term effects to the health of individuals as a result of those exposures; and

(C) shall include, at a minimum, the following types of

studies:

(i) An epidemiological study or studies on the incidence,

prevalence, and nature of the illness and symptoms and

the risk factors associated with symptoms or illnesses.

(ii) Studies to determine the health consequences of

the use of pyridostigmine bromide as a pretreatment antidote enhancer during the Persian Gulf War, alone or in

combination with exposure to pesticides, environmental toxins, and other hazardous substances.

(iii) Clinical research and other studies on the causes,

possible transmission, and treatment of Persian Gulfrelated illnesses.

(2)(A) The first project carried out under paragraph (1)(C)(ii)

shall be a retrospective study of members of the Armed Forces

who served in the Southwest Asia theater of operations during

the Persian Gulf War.
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(B) The second project carried out under paragraph (1)(C)(ii)

shall consist of animal research and nonanimal research, including

in vitro systems, as required, designed to determine whether the

use of pyridostigmine bromide in combination with exposure to

pesticides or other organophosphates, carbamates, or relevant

chemicals will result in increased toxicity in animals and is likely

to have a similar effect on humans.

(c) INDIVIDUALS COVERED BY THE STUDIES.—Studies conducted

pursuant to subsections (a) shall apply to the following individuals:

(1) Individuals who served as members of the Armed Forces

in the Southwest Asia theater of operations during the Persian

Gulf War.

(2) Individuals who were civilian employees of the Department of Defense in that theater during that period.

(3) To the extent appropriate, individuals who were employees of contractors of the Department of Defense in that theater

during that period.

(4) To the extent appropriate, the spouses and children

of individuals described in paragraph (1).

(d) PLAN FOR THE STUDIES.—(1) The Secretary of Defense shall

prepare a coordinated plan for the studies to be conducted pursuant

to subsection (a). The plan shall include plans and requirements

for research grants in support of the studies. The Secretary shall

submit the plan to the National Academy of Sciences for review

and comment.

(2) The plan for studies pursuant to subsection (a) shall be

updated annually. The Secretary of Defense shall request an annual

review by the National Academy of Science of the updated plan

and study progress and results achieved during the preceding year. (3) The plan, and annual updates to the plan, shall be prepared

in coordination with the Secretary of Veterans Affairs and the

Secretary of Health and Human Services. (e) FUNDING.—(1) From the amount authorized to be appropriated pursuant to section 201 for Defense-wide activities, the

Secretary of Defense shall make available such funds as the Secretary considers necessary to support the studies conducted pursuant to subsection (a).

(2) For each year in which activities continue in support of the studies conducted pursuant to subsection (a), the Secretary

of Defense shall include in the budget request for the Department

of Defense a request for such funds as the Secretary determines

necessary to continue the activities during that fiscal year. (f) REPORTS.—(1) Not later than March 31, 1995, the Secretary

of Defense shall submit to Congress the coordinated plan for the

studies to be conducted pursuant to subsection (a) and the results

of the review of that plan by the National Academy of Sciences.

(2) Not later than October 1 of each year through 1998, the

Secretary shall submit to Congress a report on the results of the

studies conducted pursuant to subsection (a), plans for continuation

of the studies, and the results of the annual review of the studies

by the National Academy of Sciences.

(3) Each report under this section shall be prepared in coordination with the Secretary of Veterans Affairs and the Secretary of

Health and Human Services.

(g) DEFINITION.—In this section, the term ‘‘Persian Gulf War’’

has the meaning given such term in section 101 of title 38, United

States Code.
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Subtitle D—Other Matters

SEC. 731. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.

(a) REQUIREMENT FOR PROGRAM.—(1) Not later than 120 days

after the date of enactment of this Act, the Secretary of Defense

shall develop and carry out a demonstration program to evaluate

the feasibility and advisability of furnishing chiropractic care

through the medical care facilities of the Armed Forces. The Secretary of Defense shall develop and carry out the program in consultation with the Secretaries of the military departments.

(2) In carrying out the program, the Secretary of Defense

shall—

(A) subject to paragraph (3), designate not less than 10

major military medical treatment facilities of the Department

of Defense to furnish chiropractic care under the program;

and

(B) enter into agreements with such number of chiropractors as the Secretary determines sufficient for the purposes

of the program to furnish chiropractic care at such facilities

under the program.

(3) The Secretary may not designate under paragraph (2) any

treatment facility that is located on a military installation scheduled

for closure or realignment under a base closure law.

(b) PROGRAM PERIOD.—The Secretary shall carry out the demonstration program in fiscal years 1995 through 1997.

(c) REPORTING REQUIREMENTS.—(1) Not later than January 30,

1995, the Secretary of Defense shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report on the demonstration program. The report shall—

(A) identify the treatment facilities designated pursuant

to subsection (a)(2)(A); and

(B) include a discussion of the plan for the conduct of

the program.

(2) Not later than May 1, 1995, the Secretary of Defense shall

submit to the committees referred to in paragraph (1) a plan for

evaluating the program, including a schedule for conducting

progress reviews and for submitting a final report to the committees.

(3) The Secretary shall submit to the committees referred to

in paragraph (1) a final report in accordance with the plan submitted to such committees pursuant to paragraph (2).

(d) OVERSIGHT ADVISORY COMMITTEE.—(1) Not later than 30

days after the date of the enactment of this Act, the Secretary

of Defense shall establish an oversight advisory committee to assist

and advise the Secretary with regard to the development and conduct of the demonstration program.

(2) The oversight advisory committee shall include the following

members:

(A) The Comptroller General of the United States, or the

designee of such person from within the General Accounting

Office.

(B) The Assistant Secretary of Defense for Health Affairs,

or the designee of such person.

(C) The Surgeons General of the Army, the Air Force,

and the Navy, or the designees of such persons.
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(D) No fewer than four independent representatives of the

chiropractic health care profession, appointed by the Secretary

of Defense.

(3) The oversight advisory committee shall assist the Secretary

of Defense regarding—

(A) issues involving the professional credentials of the

chiropractors participating in the program;

(B) the granting of professional practice privileges for the

chiropractors at the treatment facilities participating in the

program;

(C) the preparation of the reports required under subsection

(c); and

(D) the evaluation of the program.

(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the oversight advisory committee.

(e) DEFINITION.—For purposes of this section, the term ‘‘base

closure law’’ means each of the following:

(1) The Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note).

(2) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100–526; 10

U.S.C. 2687 note).

(3) Section 2687 of title 10, United States Code.

SEC. 732. DEMONSTRATION PROGRAM FOR ADMISSION OF CIVILIANS

AS PHYSICIAN ASSISTANT STUDENTS AT ACADEMY OF

HEALTH SCIENCES, FORT SAM HOUSTON, TEXAS.

(a) CIVILIAN ATTENDANCE.—The Secretary of the Army may

enter into a reciprocal agreement with an accredited institution

of higher education under which students of the institution may

attend the didactic portion of the physician assistant training program conducted by the Army Medical Department at the Academy

of Health Sciences at Fort Sam Houston, Texas, in exchange for

the provision of such academic services by the institution as the

Secretary and the institution consider to be appropriate to support

the physician assistant training program. The Secretary shall

ensure that the Army Medical Department does not incur any

additional costs as a result of the agreement than the Department

would incur to obtain academic services for the physician assistant

training program in the absence of the agreement.

(b) SELECTION OF STUDENTS.—(1) Subject to paragraph (2),

not more than 20 civilian students per year may receive instruction

at the Academy pursuant to the agreement under subsection (a).

In consultation with the institution of higher education that is

a party to the agreement, the Secretary shall establish qualifications

and methods of selection for civilian students to receive instruction

at the Academy. The qualifications established shall be comparable

to those generally required for admission to the physician assistant

training program at the Academy.

(2) The Secretary shall ensure that members of the Armed

Forces are not denied enrollment in the physician assistant training

program in order to permit the attendance of civilian students.

The maximum annual enrollment for the program may not be

increased solely for the purpose of permitting civilian students

to attend the program.
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(c) RULES OF ATTENDANCE.—Except as the Secretary determines

necessary, a civilian student who receives instruction at the Academy pursuant to the agreement under subsection (a) shall be subject

to the same regulations governing attendance, discipline, discharge,

and dismissal as apply to military students attending the Academy.

(d) TERM AND TERMINATION OF AGREEMENT.—The term of the

agreement entered into under subsection (a) may not extend beyond

September 30, 1997. Either party to the agreement may terminate

the agreement at any time before that date.

(e) REPORT.—For each year in which the agreement under

subsection (a) is in effect, the Secretary shall submit to Congress

a report specifying the number of civilian students who received

instruction at the Academy under the agreement during the period

covered by the report and accessing the benefits to the United

States of the agreement.

(f) ACADEMY DEFINED.—For purposes of this section, the term

‘‘Academy’’ means the Academy of Health Sciences of the Army

Medical Department at Fort Sam Houston, Texas.

SEC. 733. DELAY IN CLOSURE OF ARMY HOSPITAL AT VICENZA, ITALY.

(a) CLOSURE DELAY.—During fiscal year 1995, the Secretary

of the Army may not reduce the level of medical care services

provided by the United States Army Hospital at Vicenza, Italy.

(b) REPORT ON HOSPITAL.—Not later than March 1, 1995, the

Secretary of Defense shall submit to Congress a report regarding

the operation of the Army Hospital at Vicenza, Italy. The report

shall contain the following:

(1) A description of the number and demographic characteristics of members of the Armed Forces on active duty and

covered beneficiaries under chapter 55 of title 10, United States

Code, who typically receive medical care services at the hospital,

including those members and covered beneficiaries stationed

or residing at (or in the immediate vicinity of) Aviano Air

Force Base and Camp Darby. (2) An analysis of the projected costs or savings, including

the cost of CHAMPUS benefits, resulting from the programmed

closure of the hospital.

(3) A description of the differences in practice patterns

between American and Italian doctors, such as differences in

the normal lengths of stay for the most frequent inpatient

admissions (including childbirth) and the availability of alternative methods of providing anesthesia during childbirth. (4) An analysis of the feasibility of establishing a birthing

center for the area and patients currently served by the hospital, to be staffed primarily by American nurse-midwives.

(5) A detailed plan for ensuring the availability of quality

medical care, consistent with American medical practice patterns, for covered beneficiaries residing in Northern Italy.

SEC. 734. ORAL TYPHOID VACCINE INVENTORY OF DEPARTMENT OF

DEFENSE.

(a) NUMBER OF DOSES FOR INVENTORY.—The Secretary of

Defense shall direct that the number of doses of oral typhoid vaccine

purchased for inventory by the Department of Defense during a

fiscal year be not less than the number of doses of parenteral

injection typhoid vaccine purchased for inventory by the Department

during that fiscal year.
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(b) WAIVER.—The Secretary of Defense may waive the

applicability of subsection (a) for a fiscal year if the Secretary

determines that the waiver is necessary for medical reasons and

notifies Congress of the reasons for the waiver.

SEC. 735. REPORT ON EXPANDED USE OF NONAVAILABILITY OF

HEALTH CARE STATEMENTS.

(a) REPORT REQUIRED.—Not later than December 31, 1994,

the Secretary of Defense shall submit to Congress a report describing the plans (if any) of the Department of Defense to use the

authority provided in sections 1080(b) and 1086(e) of title 10, United

States Code, for making determinations whether or not to issue

a nonavailability of health care statement. The report shall include

an analysis of the effects of such plans on—

(1) the freedom of choice of covered beneficiaries in selecting

health care providers;

(2) the access of covered beneficiaries to health care services;

(3) the quality and continuity of health care services;

(4) the clarity and understandability of the applicable

requirements regarding issuance nonavailability of health care

statements; and

(5) the health care costs incurred by the Federal Government and covered beneficiaries.

(b) USE OF AUTHORITY.—During the period beginning on the

date of the enactment of this Act and ending 90 days after the

date on which the Secretary submits the report required by subsection (a), the Secretary may not—

(1) expand the number or size of the geographical areas

in which the Secretary is currently using the authority provided

by sections 1080(b) and 1086(e) of title 10, United States Code;

or

(2) implement or use such authority in a manner inconsistent with the manner in which such authority was implemented

or used as of February 1, 1994.

SEC. 736. COST ANALYSIS OF TIDEWATER TRICARE DELIVERY OF PEDIATRIC HEALTH CARE TO MILITARY FAMILIES.

(a) COST ANALYSIS REQUIRED.—Not later than October 1, 1995,

the Assistant Secretary of Defense (Health Affairs) shall determine

the amount of the expenditures made by the Department of Defense

for pediatric care for each of fiscal years 1992, 1993, and 1994

under the program for delivery of health care services in the Tidewater region of Virginia carried out pursuant to section 712(b)

of the National Defense Authorization Act for Fiscal Years 1992

and 1993 (Public Law 102–190; 105 Stat. 1402). The Assistant

Secretary shall determine the total amount of such expenditures

and the amount of such expenditures for each case.

(b) USE OF ANALYSIS.—In evaluating changes to the pediatric

care furnished by the Department of Defense (including that pediatric care furnished under the Civilian Health and Medical Program

of the Uniformed Services) in the Tidewater region of Virginia,

the Assistant Secretary may consider the amounts determined

under subsection (a) in determining the appropriate standards,

limitations, and requirements to apply to the cost of pediatric

care under the system.
S. 2182—151

SEC. 737. STUDY AND REPORT ON FINANCIAL RELIEF FOR CERTAIN

MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR

MEDICARE LATE ENROLLMENT PENALTIES.

(a) STUDY.—The Secretary of Defense, in consultation with

the Secretary of Health and Human Services, shall conduct a study

regarding possible financial relief from late enrollment penalties

for military retirees and dependents of such retirees who— (1) reside within the service area (or former service area)

of a military installation closed or approved for closure under

a base closure law; and

(2) have failed to enroll in a timely manner in medicare

part B due to reliance upon the military treatment facility

located at such installation.

(b) REPORT.—Not later than March 31, 1995, the Secretary

of Defense shall submit to Congress a report containing the results

of the study required under subsection (a). The report shall also

contain the following: (1) For each military installation studied, the number of

military retirees within both a 40 mile and 65 mile catchment

area who have failed to enroll in medicare part B and are

subjected to late enrollment penalties. (2) A determination of the estimated aggregate amount

of the penalties in terms of each military installation studied. (3) A description of the characteristics of the population

that are subject to the penalties, such as age and income

level.

(4) An examination of the appropriateness of waiving the

penalties.

(5) A description of the Department of Defense funds that

should be used to pay the penalties if waiver of the penalties

is not recommended.

(6) A proposed program for a special medicare part B

enrollment period for affected retirees living near military

installations already closed or which are designated for closure

in the future.

(7) Legislative recommendations for implementing a program which removes the financial burden from the medicareeligible beneficiaries who have been or will be adversely

impacted by the closure of a military installation.

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘base closure law’’ means the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note) and title II of

the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).

(2) The term ‘‘medicare part B’’ means the public health

insurance program under part B of title XVIII of the Social

Security Act.

(3) The term ‘‘military treatment facility’’ means a facility

of a uniformed service referred to in section 1074(a) of title

10, United States Code, in which health care is provided.

SEC. 738. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE

SERVICES FOR COVERED BENEFICIARIES IN AREAS

AFFECTED BY BASE CLOSURES.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense should take all appropriate steps, including
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a limited continuation of services for managed health care currently

provided to covered beneficiaries described in subsection (b) who

are eligible for such services, to ensure the continuity of health

care services for such beneficiaries during the procurement, transition, and initial implementation phases of a TRICARE managed

care support contract for Health Services Regions of the Military

Health Services System of Department of Defense.

(b) COVERED BENEFICIARIES DESCRIBED.—The covered beneficiaries referred to in subsection (a) are covered beneficiaries under

chapter 55, United States Code, who reside in areas adversely

affected by the closure of a military installation under a base

closure law (as defined in section 737(c)(1)).

(c) TRICARE DEFINED.—For purposes of this section, the term

‘‘TRICARE’’ means the managed health care program that is established by the Secretary of Defense under the authority of chapter

55 of title 10, United States Code, principally section 1097 of

such title, and includes the competitive selection of contractors

to financially underwrite the delivery of health care services under

the Civilian Health and Medical Program of the Uniformed Services.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Assistance

Programs

SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

(a) FUNDING.—Of the amount authorized to be appropriated

under section 301(5), $12,000,000 shall be available for carrying

out the provisions of chapter 142 of title 10, United States Code.

(b) SPECIFIC PROGRAMS.—Of the amounts made available pursuant to subsection (a), $600,000 shall be available for fiscal year

1995 for the purpose of carrying out programs sponsored by eligible

entities referred to in subparagraph (D) of section 2411(1) of title

10, United States Code, that provide procurement technical assistance in distressed areas referred to in subparagraph (B) of section

2411(2) of such title. If there is an insufficient number of satisfactory proposals for cooperative agreements in such distressed areas

to allow effective use of the funds made available in accordance

with this subsection in such areas, the funds shall be allocated

among the Defense Contract Administration Services regions in

accordance with section 2415 of such title.

SEC. 802. PILOT MENTOR-PROTEGE PROGRAM.

Of the amounts authorized to be appropriated for fiscal year

1995 by title I of this Act, $50,000,000 shall be available for conducting the pilot Mentor-Protege Program established pursuant to section 831 of the National Defense Authorization Act for Fiscal Year

1991 (Public Law 101–510; 10 U.S.C. 2301 note).
S. 2182—153

SEC. 803. INFRASTRUCTURE ASSISTANCE FOR HISTORICALLY BLACK

COLLEGES AND OTHER MINORITY INSTITUTIONS OF

HIGHER EDUCATION.

Of the amounts authorized to be appropriated for fiscal year 1995 by section 201, $25,000,000 shall be available for such fiscal

year for infrastructure assistance to historically Black colleges and

universities and minority institutions under section 2323(c)(3) of

title 10, United States Code.

SEC. 804. TREATMENT UNDER SUBCONTRACTING PLANS OF PURCHASES FROM QUALIFIED NONPROFIT AGENCIES FOR

THE BLIND OR SEVERELY DISABLED.

Section 2410d of title 10, United States Code, relating to credit under small business subcontracting plans for certain purchases,

is amended—

(1) in subsection (b)—

(A) in paragraph (2)— (i) by striking out ‘‘and’’ at the end of subparagraph (A);

(ii) by striking out the period at the end of subpara- graph (B) and inserting in lieu thereof ‘‘; and’’; and (iii) by adding at the end the following new subparagraph:

‘‘(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or

Severely Disabled under section 2(c) of such Act (41 U.S.C.

47(c)).’’;

(B) by striking out paragraph (3); and

(C) by redesignating paragraph (4) as paragraph (3); and

(2) in subsection (c), by striking out ‘‘September 30, 1994’’ and inserting in lieu thereof ‘‘September 30, 1997’’.

Subtitle B—Other Matters

SEC. 811. DELEGATION OF INDUSTRIAL MOBILIZATION AUTHORITY.

Section 2538 of title 10, United States Code, is amended—

(1) by striking out ‘‘through the Secretary of Defense’’ each place it appears in subsections (a), (c), and (d) and inserting

in lieu thereof ‘‘through the head of any department’’; and (2) in subsection (c)—

(A) by striking out ‘‘in the opinion of the Secretary of Defense’’ in the matter preceding paragraph (1) and

inserting in lieu thereof ‘‘in the opinion of the head of

that department’’; and (B) by striking out ‘‘Secretary’’ each place it appears in paragraphs (2) and (3) and inserting in lieu thereof

‘‘head of such department’’.

SEC. 812. DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY

AMERICAN ACT.

(a) CONSIDERATIONS.—Section 2533 of title 10, United States

Code, is amended—

(1) by striking out subsections (a) and (b) and inserting in lieu thereof the following:

‘‘(a) In determining under section 2 of title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy
S. 2182—154

American Act’, whether application of title III of such Act is

inconsistent with the public interest, the Secretary of Defense shall

consider the following:

‘‘(1) The bids or proposals of small business firms in the

United States which have offered to furnish American goods.

‘‘(2) The bids or proposals of all other firms in the United

States which have offered to furnish American goods.

‘‘(3) The United States balance of payments.

‘‘(4) The cost of shipping goods which are other than American goods. ‘‘(5) Any duty, tariff, or surcharge which may enter into

the cost of using goods which are other than American goods. ‘‘(6) A need to ensure that the Department of Defense

has access to advanced, state-of-the-art commercial technology.

‘‘(7) The need to protect the national technology and industrial base, to preserve and enhance the national technology

employment base, and to provide for a defense mobilization

base.

‘‘(8) A need to ensure that application of different rules

of origin for United States end items and foreign end items

does not result in an award to a firm other than a firm providing

a product produced in the United States.

‘‘(9) Any need—

‘‘(A) to maintain the same source of supply for spare

and replacement parts for an end item that qualifies as

an American good; or

‘‘(B) to maintain the same source of supply for spare

and replacement parts in order not to impair integration

of the military and commercial industrial base.

‘‘(10) The national security interests of the United States.’’;

and

(2) by redesignating subsection (c) as subsection (b).

(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) The heading

of section 2533 of such title is amended to read as follows:

‘‘§ 2533. Determinations of public interest under the Buy

American Act’’.

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

at the beginning of subchapter V of chapter 148 of such title

is amended to read as follows:

‘‘2533. Determinations of public interest under the Buy American Act.’’.

SEC. 813. CONTINUATION OF EXPIRING REQUIREMENT FOR ANNUAL

REPORT ON THE USE OF COMPETITIVE PROCEDURES

FOR AWARDING CERTAIN CONTRACTS TO COLLEGES AND

UNIVERSITIES.

Section 2361 of title 10, United States Code, is amended by

adding at the end the following new subsection: ‘‘(c)(1) The Secretary of Defense shall submit to the Committees

on Armed Services of the Senate and House of Representatives

an annual report on the use of competitive procedures for the

award of research and development contracts, and the award of

construction contracts, to colleges and universities. Each such report

shall include—

‘‘(A) a list of each college and university that, during the

period covered by the report, received more than $1,000,000
S. 2182—155

in such contracts through the use of procedures other than

competitive procedures; and

‘‘(B) the cumulative amount of such contracts received during that period by each such college and university.

‘‘(2) Each report under paragraph (1) shall cover the preceding

calendar year and shall be submitted not later than February

1 of the year after the year covered by the report.’’.

SEC. 814. CONSOLIDATION AND REVISION OF LIMITATIONS ON

PROCUREMENT OF GOODS OTHER THAN AMERICAN

GOODS.

The text of section 2534 of title 10, United States Code, is

amended to read as follows:

‘‘(a) LIMITATION ON CERTAIN PROCUREMENTS.—The Secretary

of Defense may procure any of the following items only if the

manufacturer of the item satisfies the requirements of subsection

(b):

‘‘(1) BUSES.—Multipassenger motor vehicles (buses).

‘‘(2) CHEMICAL WEAPONS ANTIDOTE.—Chemical weapons

antidote contained in automatic injectors (and components for

such injectors).

‘‘(3) AIR CIRCUIT BREAKERS.—Air circuit breakers for naval

vessels.

‘‘(4) VALVES AND MACHINE TOOLS.—Items in the following

categories:

‘‘(A) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping for naval surface

ships and submarines.

‘‘(B) Machine tools in the Federal Supply Classes for

metal-working machinery numbered 3405, 3408, 3410

through 3419, 3426, 3433, 3438, 3441 through 3443, 3445,

3446, 3448, 3449, 3460, and 3461.

‘‘(5) BALL BEARINGS AND ROLLER BEARINGS.—Ball bearings

and roller bearings, in accordance with subpart 225.71 of part

225 of the Defense Federal Acquisition Regulation Supplement,

as in effect on October 23, 1992.

‘‘(b) MANUFACTURER IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—

‘‘(1) GENERAL REQUIREMENT.—A manufacturer meets the

requirements of this subsection if the manufacturer is part

of the national technology and industrial base.

‘‘(2) MANUFACTURERS OF CHEMICAL WEAPONS ANTIDOTE.—

In the case of a procurement of chemical weapons antidote

referred to in subsection (a)(2), a manufacturer meets the

requirements of this subsection only if the manufacturer—

‘‘(A) meets the requirement set forth in paragraph

(1);

‘‘(B) is an existing producer under the industrial

preparedness program at the time the contract is awarded;

‘‘(C) has received all required regulatory approvals;

and

‘‘(D) when the contract for the procurement is awarded,

has in existence in the national technology and industrial

base the plant, equipment, and personnel necessary to

perform the contract.

‘‘(c) APPLICABILITY TO CERTAIN ITEMS.—
S. 2182—156

‘‘(1) AIR CIRCUIT BREAKERS.—Subsection (a) does not apply

to a procurement of spares or repair parts needed to support

air circuit breakers produced or manufactured outside the

United States.

‘‘(2) VALVES AND MACHINE TOOLS.—(A) Contracts to which

subsection (a) applies include the following contracts for the

procurement of items described in paragraph (4) of such subsection:

‘‘(i) A contract for procurement of such an item for

use in property under the control of the Department of

Defense, including any Government-owned, contractoroperated facility.

‘‘(ii) A contract that is entered into by a contractor

on behalf of the Department of Defense for the purpose

of providing such an item to another contractor as Government-furnished equipment.

‘‘(B) In any case in which a contract for items described

in subsection (a)(4) includes the procurement of more than

one Federal Supply Class of machine tools or machine tools

and accessories, each supply class shall be evaluated separately

for purposes of determining whether the limitation in subsection (a) applies.

‘‘(C) Subsection (a)(4) and this paragraph shall cease to

be effective on October 1, 1996.

‘‘(3) BALL BEARINGS AND ROLLER BEARINGS.—Subsection

(a)(5) and this paragraph shall cease to be effective on October

1, 1995.

‘‘(d) WAIVER AUTHORITY.—The Secretary of Defense may waive the limitation in subsection (a) with respect to the procurement

of an item listed in that subsection if the Secretary determines

that any of the following apply: ‘‘(1) Application of the limitation would cause unreasonable

costs or delays to be incurred. ‘‘(2) United States producers of the item would not be

jeopardized by competition from a foreign country, and that

country does not discriminate against defense items produced

in the United States to a greater degree than the United

States discriminates against defense items produced in that

country. ‘‘(3) Application of the limitation would impede cooperative

programs entered into between the Department of Defense

and a foreign country, and that country does not discriminate

against defense items produced in the United States to a greater

degree than the United States discriminates against defense

items produced in that country.

‘‘(4) Satisfactory quality items manufactured by an entity

that is part of the national technology and industrial base

(as defined in section 2491(1) of this title) are not available.

‘‘(5) Application of the limitation would result in the existence of only one source for the item that is an entity that

is part of the national technology and industrial base (as defined

in section 2491(1) of this title).

‘‘(6) The procurement is for an amount less than the simplified acquisition threshold and simplified purchase procedures

are being used.

‘‘(7) Application of the limitation is not in the national

security interests of the United States.
S. 2182—157

‘‘(8) Application of the limitation would adversely affect

a United States company.

‘‘(e) SONOBUOYS.—

‘‘(1) LIMITATION.—The Secretary of Defense may not procure a sonobuoy manufactured in a foreign country if United

States firms that manufacture sonobuoys are not permitted

to compete on an equal basis with foreign manufacturing firms

for the sale of sonobuoys in that foreign country.

‘‘(2) WAIVER AUTHORITY.—The Secretary may waive the

limitation in paragraph (1) with respect to a particular procurement of sonobuoys if the Secretary determines that such

procurement is in the national security interests of the United

States.

‘‘(3) DEFINITION.—In this subsection, the term ‘United

States firm’ has the meaning given such term in section

2532(d)(1) of this title.

‘‘(f) PRINCIPLE OF CONSTRUCTION WITH FUTURE LAWS.—A provision of law may not be construed as modifying or superseding

the provisions of this section, or as requiring funds to be limited,

or made available, by the Secretary of Defense to a particular

domestic source by contract, unless that provision of law—

‘‘(1) specifically refers to this section;

‘‘(2) specifically states that such provision of law modifies

or supersedes the provisions of this section; and

‘‘(3) specifically identifies the particular domestic source

involved and states that the contract to be awarded pursuant

to such provision of law is being awarded in contravention

of this section.’’.

SEC. 815. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR

DEFENSE ACQUISITION PROGRAMS.

(a) GUIDANCE.—Before April 1, 1995, the Secretary of Defense

shall issue guidance, to apply uniformly throughout the Department

of Defense, regarding—

(1) how to achieve the purposes and intent of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

by ensuring timely compliance for major defense acquisition

programs (as defined in section 2430 of title 10, United States

Code) through (A) initiation of compliance efforts before development begins, (B) appropriate environmental impact analysis

in support of each milestone decision, and (C) accounting for

all direct, indirect, and cumulative environmental effects before

proceeding toward production; and

(2) how to analyze, as early in the process as feasible,

the life-cycle environmental costs for such major defense

acquisition programs, including the materials to be used, the

mode of operations and maintenance, requirements for demilitarization, and methods of disposal, after consideration of all

pollution prevention opportunities and in light of all environmental mitigation measures to which the department expressly

commits.

(b) ANALYSIS.—Beginning not later than March 31, 1995, the

Secretary of Defense shall analyze the environmental costs of a

major defense acquisition process as an integral part of the lifecycle cost analysis of the program pursuant to the guidance issued

under subsection (a).
S. 2182—158

(c) DATA BASE FOR NEPA DOCUMENTATION.—The Secretary

of Defense shall establish and maintain a data base for documents

prepared by the Department of Defense in complying with the

National Environmental Policy Act of 1969 with respect to major

defense acquisition programs. Any such document relating to a

major defense acquisition program shall be maintained in the data

base for 5 years after commencement of low-rate initial production

of the program.

SEC. 816. DEMONSTRATION PROJECT ON PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES

FROM LOCAL GOVERNMENT AGENCIES.

(a) DEMONSTRATION PROJECT.—The Secretary of Defense may

conduct a demonstration project, beginning October 1, 1994, at

Monterey, California, under which any fire-fighting, security-guard,

police, public works, utility, or other municipal services needed

for operation of any Department of Defense asset in Monterey

County, California, may be purchased from government agencies

located within the county of Monterey. The purchase of such services

for the demonstration project may be made notwithstanding section

2465 of title 10, United States Code.

(b) EVALUATION OF PROJECT.—Not later than December 31,

1996, the Secretary of Defense shall submit to Congress a report

evaluating the results of the project and making any recommendations the Secretary considers appropriate, including recommendations on whether the purchase authorities used in conducting the

project could be used to provide similar services at other locations.

SEC. 817. PREFERENCE FOR LOCAL RESIDENTS.

(a) PREFERENCE ALLOWED.—In entering into contracts with

private entities for services to be performed at a military installation

that is affected by closure or alignment under a base closure law,

the Secretary of Defense may give preference, consistent with Federal, State, and local laws and regulations, to entities that plan

to hire, to the maximum extent practicable, residents of the vicinity

of such military installation to perform such contracts. Contracts

for which the preference may be given include contracts to carry

out environmental restoration activities or construction work at

such military installations. Any such preference may be given for

a contract only if the services to be performed under the contract

at the military installation concerned can be carried out in a manner

that is consistent with all other actions at the installation that

the Secretary is legally required to undertake.

(b) DEFINITION.—In this section, the term ‘‘base closure law’’

means the following:

(1) The provisions of title II of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public

Law 100–526; 10 U.S.C. 2687 note).

(2) The Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note).

(c) APPLICABILITY.—Any preference given under subsection (a)

shall apply only with respect to contracts entered into after the

date of the enactment of this Act.

(d) TERMINATION.—This section shall cease to be effective on

September 30, 1997.
S. 2182—159

SEC. 818. PAYMENT OF RESTRUCTURING COSTS UNDER DEFENSE CONTRACTS.

(a) CERTIFICATION OF COST SAVINGS.—(1) The Secretary of Defense may not, under section 2324 of title 10, United States

Code, pay restructuring costs associated with a business combination undertaken by a defense contractor until the Department of

Defense reviews the projected costs and savings that will result

for the Department from such business combination and an official

of the Department of Defense at the level of Assistant Secretary

of Defense or above certifies in writing that projections of future

cost savings resulting for the Department from the business combination are based on audited cost data and should result in overall

reduced costs to the Department. (2) The requirements for a review and certification under para- graph (1) shall not apply with respect to any business combination

for which restructuring costs were paid or otherwise approved by

the Secretary before August 15, 1994. (b) REQUIREMENT FOR REGULATIONS.—Not later than January 1, 1995, the Secretary of Defense shall prescribe regulations on

the allowability of restructuring costs associated with business combinations under defense contracts.

(c) MATTERS TO BE INCLUDED.—At a minimum, the regulations

shall—

(1) include a definition of the term ‘‘restructuring costs’’;

and

(2) address the issue of contract novations under such

contracts.

(d) CONSULTATION.—In developing the regulations, the Secretary of Defense shall consult with the Administrator for Federal

Procurement Policy.

(e) REPORT.—Not later than November 13 in each of the years

1995, 1996, and 1997, the Secretary of Defense shall submit to

Congress a report on the following:

(1) A description of the procedures being followed within

the Department of Defense for evaluating projected costs and

savings under a defense contract resulting from a restructuring

of a defense contractor associated with a business combination.

(2) A list of all defense contractors for which restructuring

costs have been allowed by the Department, along with the

identities of the firms which those contractors have acquired

or with which those contractors have combined since July 21,

1993, that qualify the contractors for such restructuring

reimbursement.

(3) The Department’s experience with business combinations for which the Department has agreed to allow restructuring costs since July 21, 1993, including the following: (A) The estimated amount of costs associated with

each restructuring that have been or will be treated as

allowable costs under defense contracts, including the type

and amounts of costs that would not have arisen absent

the business combination.

(B) The estimated amount of savings associated with

each restructuring that are expected to be achieved on

defense contracts.

(C) The types of documentation relied on to establish

that savings associated with each restructuring will exceed

costs associated with the restructuring.
S. 2182—160

(D) Actual experience on whether savings associated

with each restructuring are exceeding costs associated with

the restructuring.

(E) Identification of any programmatic or budgetary

disruption in the Department of Defense resulting from

contractor restructuring.

(f) DEFINITION.—In this section, the term ‘‘business combination’’ includes a merger or acquisition.

(g) COMPTROLLER GENERAL REPORTS.—(1) Not later than March

1, 1995, the Comptroller General shall submit to Congress a report

on the adequacy of the regulations prescribed under subsection

(b) with respect to—

(A) whether such regulations are consistent with the purposes of this section, other applicable law, and the Federal

Acquisition Regulation; and

(B) whether such regulations establish policies, procedures,

and standards to ensure that restructuring costs are paid only

when in the best interests of the United States.

(2) The Comptroller General shall report periodically to Congress on the implementation of the policy of the Department of

Defense regarding defense industry restructuring.

(3) Not later than December 1, 1997, the Comptroller General

shall submit to Congress a final report on the policy of the Department of Defense on defense industry restructuring, including any

recommendations the Comptroller considers appropriate.

SEC. 819. DEFENSE ACQUISITION PILOT PROGRAM DESIGNATIONS.

The Secretary of Defense is authorized to designate the following defense acquisition programs for participation, to the extent

provided in the Federal Acquisition Streamlining Act of 1994, in

the defense acquisition pilot program authorized by section 809

of the National Defense Authorization Act for Fiscal Year 1991

(10 U.S.C. 2430 note):

(1) The Fire Support Combined Arms Tactical Trainer program.

(2) The Joint Direct Attack Munition program.

(3) The Joint Primary Aircraft Training System.

(4) Commercial-derivative aircraft.

(5) Commercial-derivative engine.

TITLE IX—DEPARTMENT OF DEFENSE

ORGANIZATION AND MANAGEMENT

Subtitle A—Secretarial Matters

SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE.

(a) ESTABLISHMENT OF POSITION.—Section 138(a) of title 10,

United States Code, is amended by striking out ‘‘ten’’ and inserting

in lieu thereof ‘‘eleven’’.

(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, United States

Code, is amended by striking out ‘‘Assistant Secretaries of Defense

(10).’’ and inserting in lieu thereof the following:

‘‘Assistant Secretaries of Defense (11).’’.
S. 2182—161

SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE MILITARY

DEPARTMENTS.

(a) ARMY.—Section 3017 of title 10, United States Code, is

amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) The General Counsel of the Department of the Army.’’.

(b) NAVY.—Section 5017 of such title is amended—

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

(4) and (5), respectively; and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) The General Counsel of the Department of the Navy.’’.

(c) AIR FORCE.—Section 8017 of such title is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) The General Counsel of the Department of the Air

Force.’’.

SEC. 903. CHANGE OF TITLE OF COMPTROLLER OF THE DEPARTMENT

OF DEFENSE TO UNDER SECRETARY OF DEFENSE

(COMPTROLLER).

(a) IN GENERAL.—(1) Section 135 of title 10, United States

Code, is amended—

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

the Department of Defense’’ and inserting in lieu thereof ‘‘an

Under Secretary of Defense (Comptroller)’’; and

(B) in subsections (b), (c), (d), and (e), by striking out

‘‘Comptroller’’ each place it appears and inserting in lieu thereof

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

(2) The heading for such section is amended to read as follows:

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

(3) The item relating to such section in the table of sections

at the beginning of chapter 4 of such title is amended to read

as follows:

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

(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES

CODE.—(1) Section 131(b)(4) of title 10, United States Code, is

amended by striking out ‘‘Comptroller’’ and inserting in lieu thereof

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

(2) Section 138(d) of such title is amended by striking out

‘‘and Comptroller’’.

(c) CONFORMING AMENDMENT TO TITLE 5, UNITED STATES

CODE.—Section 5314 of title 5, United States Code, is amended

by striking out ‘‘Comptroller of the Department of Defense’’ and

inserting in lieu thereof ‘‘Under Secretary of Defense (Comptroller)’’.

(d) REFERENCES IN OTHER LAWS.—Any reference to the

Comptroller of the Department of Defense in any provision of law

other than title 10, United States Code, or in any rule, regulation,

or other paper of the United States shall be treated as referring

to the Under Secretary of Defense (Comptroller).
S. 2182—162

SEC. 904. NATIONAL GUARD BUREAU CHARTER.

(a) IN GENERAL.—Subtitle E of title 10, United States Code,

as added by section 1611, is amended by inserting after chapter

1009, as added by section 1661(b), the following new chapter:

‘‘CHAPTER 1011—NATIONAL GUARD BUREAU

‘‘10501. National Guard Bureau.

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National

Guard matters; grade. ‘‘10503. Functions of National Guard Bureau: charter from Secretaries of the Army

and Air Force.

‘‘10504. Chief of National Guard Bureau: annual report. ‘‘10505. Vice Chief of the National Guard Bureau.

‘‘10506. Other senior National Guard Bureau officers.

‘‘10508. Definition.

‘‘§ 10501. National Guard Bureau

‘‘(a) NATIONAL GUARD BUREAU.—There is in the Department

of Defense the National Guard Bureau, which is a joint bureau

of the Department of the Army and the Department of the Air

Force.

‘‘(b) PURPOSES.—The National Guard Bureau is the channel

of communications on all matters pertaining to the National Guard,

the Army National Guard of the United States, and the Air National

Guard of the United States between (1) the Department of the

Army and Department of the Air Force, and (2) the several States.

‘‘§ 10502. Chief of the National Guard Bureau: appointment;

adviser on National Guard matters; grade

‘‘(a) APPOINTMENT.—There is a Chief of the National Guard

Bureau, who is responsible for the organization and operations

of the National Guard Bureau. The Chief of the National Guard

Bureau is appointed by the President, by and with the advice

and consent of the Senate. Such appointment shall be made from

officers of the Army National Guard of the United States or the

Air National Guard of the United States who—

‘‘(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia,

the commanding general of the District of Columbia National

Guard;

‘‘(2) have had at least 10 years of federally recognized

commissioned service in an active status in the National Guard;

and

‘‘(3) are in a grade above the grade of brigadier general.

‘‘(b) TERM OF OFFICE.—An officer appointed as Chief of the

National Guard Bureau serves at the pleasure of the President

for a term of four years. An officer may not hold that office after

becoming 64 years of age. An officer may be reappointed as Chief

of the National Guard Bureau. While holding that office, the Chief

of the National Guard Bureau may not be removed from the reserve

active-status list, or from an active status, under any provision

of law that otherwise would require such removal due to completion

of a specified number of years of service or a specified number

of years of service in grade.

‘‘(c) ADVISER ON NATIONAL GUARD MATTERS.—The Chief of the

National Guard Bureau is the principal adviser to the Secretary

of the Army and the Chief of Staff of the Army, and to the Secretary

of the Air Force and the Chief of Staff of the Air Force, on matters
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relating to the National Guard, the Army National Guard of the

United States, and the Air National Guard of the United States.

‘‘(d) GRADE.—The Chief of the National Guard Bureau shall

be appointed to serve in the grade of lieutenant general.

‘‘§ 10503. Functions of National Guard Bureau: charter from

Secretaries of the Army and Air Force

‘‘The Secretary of the Army and the Secretary of the Air Force

shall jointly develop and prescribe a charter for the National Guard

Bureau. The charter shall cover the following matters:

‘‘(1) Allocating unit structure, strength authorizations, and

other resources to the Army National Guard of the United

States and the Air National Guard of the United States.

‘‘(2) Prescribing the training discipline and training requirements for the Army National Guard and the Air National

Guard and the allocation of Federal funds for the training

of the Army National Guard and the Air National Guard.

‘‘(3) Ensuring that units and members of the Army National

Guard and the Air National Guard are trained by the States

in accordance with approved programs and policies of, and

guidance from, the Chief, the Secretary of the Army, and the

Secretary of the Air Force.

‘‘(4) Monitoring and assisting the States in the organization,

maintenance, and operation of National Guard units so as

to provide well-trained and well-equipped units capable of

augmenting the active forces in time of war or national emergency.

‘‘(5) Planning and administering the budget for the Army

National Guard of the United States and the Air National

Guard of the United States.

‘‘(6) Supervising the acquisition and supply of, and accountability of the States for, Federal property issued to the National

Guard through the property and fiscal officers designated,

detailed, or appointed under section 708 of title 32.

‘‘(7) Granting and withdrawing, in accordance with applicable laws and regulations, Federal recognition of (A)

National Guard units, and (B) officers of the National Guard.

‘‘(8) Establishing policies and programs for the employment

and use of National Guard technicians under section 709 of

title 32.

‘‘(9) Supervising and administering the Active Guard and

Reserve program as it pertains to the National Guard. ‘‘(10) Issuing directives, regulations, and publications

consistent with approved policies of the Army and Air Force,

as appropriate.

‘‘(11) Facilitating and supporting the training of members

and units of the National Guard to meet State requirements.

‘‘(12) Such other functions as the Secretaries may prescribe.

‘‘§ 10504. Chief of National Guard Bureau: annual report

‘‘(a) ANNUAL REPORT.—The Chief of the National Guard Bureau

shall submit to the Secretary of Defense, through the Secretaries

of the Army and the Air Force, an annual report on the state

of the National Guard and the ability of the National Guard to

meet its missions. The report shall be prepared in conjunction

with the Secretary of the Army and the Secretary of the Air Force

and may be submitted in classified and unclassified versions.
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‘‘(b) SUBMISSION OF REPORT TO CONGRESS.—The Secretary of

Defense shall transmit the annual report of the Chief of the

National Guard Bureau to Congress, together with such comments

on the report as the Secretary considers appropriate. The report

shall be transmitted at the same time each year that the annual

report of the Secretary under section 113(c) of this title is submitted

to Congress.

‘‘§ 10505. Vice Chief of the National Guard Bureau

‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the National

Guard Bureau, selected by the Secretary of Defense from officers

of the Army National Guard of the United States or the Air National

Guard of the United States who—

‘‘(A) are recommended for such appointment by their

respective Governors or, in the case of the District of Columbia,

the commanding general of the District of Columbia National

Guard;

‘‘(B) have had at least 10 years of federally recognized

commissioned service in an active status in the National Guard;

and

‘‘(C) are in a grade above the grade of colonel.

‘‘(2) The Chief and Vice Chief of the National Guard Bureau

may not both be members of the Army or of the Air Force.

‘‘(3)(A) Except as provided in subparagraph (B), an officer

appointed as Vice Chief of the National Guard Bureau serves for

a term of four years, but may be removed from office at any

time for cause.

‘‘(B) The term of the Vice Chief of the National Guard Bureau

shall end upon the appointment of a Chief of the National Guard

Bureau who is a member of the same armed force as the Vice

Chief.

‘‘(4) The Secretary of Defense may waive the restrictions in paragraph (2) and the provisions of paragraph (3)(B) for a limited

period of time to provide for the orderly transition of officers

appointed to serve in the positions of Chief and Vice Chief of

the National Guard Bureau.

‘‘(b) DUTIES.—The Vice Chief of the National Guard Bureau

performs such duties as may be prescribed by the Chief of the

National Guard Bureau.

‘‘(c) GRADE.—The Vice Chief of the National Guard Bureau

shall be appointed to serve in the grade of major general. ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is a vacancy

in the office of the Chief of the National Guard Bureau or in

the absence or disability of the Chief, the Vice Chief of the National

Guard Bureau acts as Chief and performs the duties of the Chief

until a successor is appointed or the absence or disability ceases.

‘‘(e) SUCCESSION AFTER CHIEF AND VICE CHIEF.—When there

is a vacancy in the offices of both Chief and Vice Chief of the

National Guard Bureau or in the absence or disability of both

the Chief and Vice Chief of the National Guard Bureau, or when

there is a vacancy in one such office and in the absence or disability

of the officer holding the other, the senior officer of the Army

National Guard of the United States or the Air National Guard

of the United States on duty with the National Guard Bureau

shall perform the duties of the Chief until a successor to the

Chief or Vice Chief is appointed or the absence or disability of

the Chief or Vice Chief ceases, as the case may be.
S. 2182—165

‘‘§ 10506. Other senior National Guard Bureau officers

‘‘(a) ADDITIONAL GENERAL OFFICERS.—(1) In addition to the

Chief and Vice Chief of the National Guard Bureau, there shall

be assigned to the National Guard Bureau—

‘‘(A) two general officers selected by the Secretary of the

Army from officers of the Army National Guard of the United

States who have been nominated by their respective Governors

or, in the case of the District of Columbia, the commanding

general of the District of Columbia National Guard, the senior

of whom while so serving shall hold the grade of major general

and serve as Director, Army National Guard, with the other

serving as Deputy Director, Army National Guard; and

‘‘(B) two general officers selected by the Secretary of the

Air Force from officers of the Air National Guard of the United

States who have been nominated by their respective Governors

or, in the case of the District of Columbia, the commanding

general of the District of Columbia National Guard, the senior

of whom while so serving shall hold the grade of major general

and serve as Director, Air National Guard, with the other

serving as Deputy Director, Air National Guard.

‘‘(2) The officers so selected shall assist the Chief of the National

Guard Bureau in carrying out the functions of the National Guard

Bureau as they relate to their respective branches.

‘‘(b) OTHER OFFICERS.—There are in the National Guard Bureau

a legal counsel, a comptroller, and an inspector general, each of

whom shall be appointed by the Chief of the National Guard

Bureau. They shall perform such duties as the Chief may prescribe.

‘‘§ 10508. Definition

‘‘In this chapter, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin

Islands.’’.

(b) CONFORMING REPEAL.—(1) Section 3040 of title 10, United

States Code, is repealed.

(2) The table of sections at the beginning of chapter 305 of

such title is amended by striking out the item relating to section

3040.

(c) CONFORMING AMENDMENT.—The text of section 108 of title

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

‘‘If, within a time fixed by the President, a State fails to

comply with a requirement of this title, or a regulation prescribed

under this title, the National Guard of that State is barred, in

whole or in part, as the President may prescribe, from receiving

money or any other aid, benefit, or privilege authorized by law.’’.

(d) EFFECTIVE DATE.—The provisions of chapter 1011 of title

10, United States Code, as added by subsection (a), shall become

effective, and the repeal made by subsection (c) and the amendment

made by subsection (c) shall take effect, at the end of the 90-

day period beginning on the date of the enactment of this Act.
S. 2182—166

Subtitle B—Professional Military

Education

SEC. 911. AUTHORITY FOR MARINE CORPS UNIVERSITY TO AWARD

THE DEGREE OF MASTER OF MILITARY STUDIES.

(a) AUTHORITY TO AWARD.—(1) Chapter 609 of title 10, United

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

section:

‘‘§ 7102. Marine Corps University: master of military studies

‘‘(a) AUTHORITY.—Upon the recommendation of the Director

and faculty of the Command and Staff College of the Marine Corps

University, the President of the Marine Corps University may confer

the degree of master of military studies upon graduates of the

college who fulfill the requirements for the degree.

‘‘(b) REGULATIONS.—The authority provided by subsection (a)

shall be exercised under regulations prescribed by the Secretary

of the Navy.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘7102. Marine Corps University: master of military studies.’’.

(b) EFFECTIVE DATE.—The authority provided by section 7102(a) of title 10, United States Code, as added by subsection (a), shall

become effective on the date on which the Secretary of Education

determines that the requirements established by the Command

and Staff College of the Marine Corps University for the degree

of master of military studies are in accordance with generally

applicable requirements for a degree of master of arts.

SEC. 912. BOARD OF ADVISORS FOR MARINE CORPS UNIVERSITY.

The Secretary of the Navy shall establish a board of advisors

for the Marine Corps University. The Secretary shall ensure that

the board is established so as to meet all requirements of the

appropriate regional accrediting association.

SEC. 913. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE DEGREE

OF MASTER OF AIRPOWER ART AND SCIENCE.

(a) AUTHORITY TO AWARD.—(1) Chapter 901 of title 10, United

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

section:

‘‘§ 9317. Air University: master of airpower art and science

‘‘(a) AUTHORITY.—Upon the recommendation of the faculty of

the School of Advanced Airpower Studies of the Air University,

the Commander of the university may confer the degree of master

of airpower art and science upon graduates of the school who

fulfill the requirements for the degree.

‘‘(b) REGULATIONS.—The authority provided by subsection (a)

shall be exercised under regulations prescribed by the Secretary

of the Air Force.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘9317. Air University: master of airpower art and science.’’.

(b) EFFECTIVE DATE.—The authority provided by section 9317(a)

of title 10, United States Code, as added by subsection (a), shall
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become effective on the date on which the Secretary of Education

determines that the requirements established by the School of

Advanced Airpower Studies of the Air University for the degree

of master of airpower art and science are in accordance with generally applicable requirements for a degree of master of arts or

a degree of master of science.

SEC. 914. SENSE OF CONGRESS ON GRADE OF HEADS OF SENIOR

PROFESSIONAL MILITARY EDUCATION SCHOOLS.

It is the sense of Congress that an officer serving in a position

as the head of one of the senior professional military education

schools of the Department of Defense (or of the separate military

departments) should, while so serving, hold a grade not less than

the grade (or its equivalent) held by the officer serving in that

position on the date of the enactment of this Act.

Subtitle C—Other Matters

SEC. 921. COMPOSITION OF RESERVE FORCES POLICY BOARD.

Section 175(a) of title 10, United States Code, is amended—

(1) in paragraph (4), by striking out ‘‘or Regular Marine

Corps’’ and inserting in lieu thereof ‘‘and an officer of the

Regular Marine Corps each’’;

(2) by striking out ‘‘and’’ at the end of paragraph (8);

(3) by striking out the period at the end of paragraph

(9) and inserting in lieu thereof ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(10) an officer of the Regular Army, Regular Navy, Regular

Air Force, or Regular Marine Corps serving in a position on

the Joint Staff who is designated by the Chairman of the

Joint Chiefs of Staff.’’.

SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF

THE HEALTH SCIENCES.

(a) CLOSURE PROHIBITED.—The Uniformed Services University

of the Health Sciences may not be closed. (b) BUDGETARY COMMITMENT TO CONTINUATION.—It is the sense

of Congress that the Secretary of Defense should budget for the

ongoing operation of the Uniformed Services University of the

Health Sciences as an institution of professional education that

is vital to the education and training each year of significant numbers of personnel of the uniformed services for careers as uniformed

services health care providers.

(c) GAO EVALUATION.—Not later than June 1, 1995, the

Comptroller General of the United States shall submit to Congress

a detailed report on the Uniformed Services University of the Health

Sciences. The report shall include the following:

(1) A comparison of the cost of obtaining physicians for

the Armed Forces from the University with the cost of obtaining

physicians from other sources.

(2) An assessment of the retention rate needs of the Armed

Forces for physicians in relation to the respective retention

rates of physicians obtained from the University and physicians

obtained from other sources and the factors that contribute

to retention rates among military physicians obtained from

all sources.
S. 2182—168

(3) A review of the quality of the medical education provided at the University with the quality of medical education

provided by other sources of military physicians.

(4) A review of the overall issue of the special needs of

military medicine and how those special needs are being met

by physicians obtained from University and physicians obtained

from other sources.

(5) An assessment of the extent to which the University

has responded to the 1990 report of the Inspector General

of the Department of Defense, including recommendations as

to resolution of any continuing issues relating to management

and internal fiscal controls of the University, including issues

relating to the Henry M. Jackson Foundation for the Advancement of Military Medicine identified in the 1990 report.

(6) Such other recommendations as the Comptroller General considers appropriate.

SEC. 923. COMMISSION ON ROLES AND MISSIONS OF THE ARMED

FORCES.

(a) SIZE OF COMMISSION.—(1) Section 952(b)(1) of the National

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

160; 107 Stat. 1738; 10 U.S.C. 111 note) is amended by striking

out ‘‘seven members’’ and inserting in lieu thereof ‘‘eleven members’’.

(2) Section 956(b)(1) of such Act (107 Stat. 1740) is amended

by striking out ‘‘Four members’’ and inserting in lieu thereof ‘‘Seven

members’’.

(3) The additional members of the Commission on Roles and

Missions of the Armed Forces authorized by the amendment made

by paragraph (1) shall be appointed by the Secretary of Defense

not later than 30 days after the date of the enactment of this

Act.

(4) At least one of the additional members of the Commission

appointed pursuant to the amendment made by paragraph (1) shall

have previous military experience and management experience with

the reserve components.

(b) REVIEW OF RESERVE COMPONENTS.—Section 953 of such

Act (107 Stat. 1738) is amended—

(1) in subsection (d)—

(A) by striking out ‘‘and’’ at the end of paragraph

(7);

(B) by striking out the period at the end of paragraph

(8) and inserting in lieu thereof ‘‘; and’’; and

(C) by adding at the end the following new paragraph:

‘‘(9) the role of the Army National Guard of the United

States, the Air National Guard of the United States, and the

other reserve components.’’;

(2) in subsection (e)(3), by inserting after ‘‘Department

of Defense’’ the following: ‘‘, including the Army National Guard

of the United States, the Air National Guard of the United

States, and the other reserve components’’; and

(3) by adding at the end the following new subsection:

‘‘(h) RECOMMENDATIONS CONCERNING RESERVE COMPONENTS.—

The Commission shall also address the roles, missions, and functions of the Army National Guard of the United States, the Air

National Guard of the United States, and the other reserve components within the total force of the Armed Forces, particularly in
S. 2182—169

light of lower budgetary resources that will be available to the

Department of Defense in the future.’’.

(c) RECOMMENDATIONS CONCERNING PROGRAMS AND FORCE

STRUCTURE.—Section 953 of such Act is further amended by adding

after subsection (h), as added by subsection (b), the following:

‘‘(i) RECOMMENDATIONS CONCERNING PROGRAMS AND FORCE

STRUCTURE.—The Commission may also recommend changes that

would better align programs and force structure with projected

missions and threats.’’.

(d) FFRDC SUPPORT.—(1) Section 957 of such Act (107 Stat.

1741) is amended by adding at the end the following new subsection:

‘‘(f) FFRDC SUPPORT.—(1) Upon the request of the chairman

of the Commission, the Secretary of Defense shall make available

to the Commission, without reimbursement, the services of any

federally funded research and development center that is covered

by a sponsoring agreement of the Department of Defense. The

cost of the services made available under this subsection may

not exceed $20,000,000.

‘‘(2) Notwithstanding any other provision of law, any analytic

support or related services provided by such a center to the Commission shall not be subject to any overall ceiling established by this

or any other Act on the activities or budgets of such centers.’’. (2) Such section is further amended by striking out the section

heading and inserting in lieu thereof the following:

‘‘SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.’’.

SEC. 924. RENAMING OF THE UNITED STATES COURT OF MILITARY

APPEALS AND THE COURTS OF MILITARY REVIEW.

(a) RENAMING OF THE COURT OF MILITARY APPEALS.—(1) The

United States Court of Military Appeals shall hereafter be known

and designated as the United States Court of Appeals for the

Armed Forces.

(2) Section 941 of title 10, United States Code (article 141

of the Uniform Code of Military Justice), is amended by striking

out ‘‘United States Court of Military Appeals’’ and inserting in

lieu thereof ‘‘United States Court of Appeals for the Armed Forces’’.

(b) RENAMING OF THE COURTS OF MILITARY REVIEW.—(1) Each

Court of Military Review shall hereafter be known and designated

as a Court of Criminal Appeals.

(2) Section 866 of title 10, United States Code (article 66

of the Uniform Code of Military Justice), is amended by striking

out ‘‘Court of Military Review’’ each place it appears and inserting

in lieu thereof ‘‘Court of Criminal Appeals’’.

(c) CONFORMING AMENDMENTS TO TITLE 10.—Title 10, United

States Code, is amended as follows:

(1) The following sections are amended by striking out

‘‘Court of Military Appeals’’ each place it appears and inserting

in lieu thereof ‘‘Court of Appeals for the Armed Forces’’: sections

707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943,

944, 945, and 946(b)(1).

(2) The following sections are amended by striking out

‘‘Court of Military Review’’ each place it appears and inserting

in lieu thereof ‘‘Court of Criminal Appeals’’: sections 707(a)(2),

862(b), 867, 868, 869, 870, 871, and 873.

(3)(A) The heading of subchapter XII of chapter 47 is

amended to read as follows:
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‘‘SUBCHAPTER XII—UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES’’.

(B) The table of subchapters at the beginning of chapter

47 is amended by striking out the item relating to subchapter

XII and inserting in lieu thereof the following:

‘‘XII. United States Court of Appeals for the Armed Forces ....... 941 141’’.

(4)(A) The heading of section 866 is amended to read as

follows:

‘‘§ 866. Art. 66. Review by Court of Criminal Appeals’’.

(B) The heading of section 867 is amended to read as

follows:

‘‘§ 867. Art. 67. Review by the Court of Appeals for the Armed

Forces’’.

(C) The items relating to sections 866 and 867 (articles 66 and 67) in the table of sections at the beginning of subchapter IX of chapter 47 are amended to read as follows:

‘‘866. 66. Review by Court of Criminal Appeals.

‘‘867. 67. Review by the Court of Appeals for the Armed Forces.’’.

(d) CONFORMING AMENDMENTS TO OTHER LAWS.—

(1) The following titles of the United States Code are

amended by striking out ‘‘Court of Military Appeals’’ each place

it appears in the specified sections and inserting in lieu thereof

‘‘Court of Appeals for the Armed Forces’’:

(A) In title 5, sections 8334(a)(1), 8336(l), 8337(a),

8338(c), 8339(d)(6), and 8339(h) and the table in section

8334(c).

(B) In title 18, sections 202(e)(2) and 6001(4).

(C) In title 28, sections 1259 and 2101(g).

(D) In title 44, section 906.

(2)(A) The heading of section 1259 of title 28, United States

Code, is amended to read as follows:

‘‘§ 1259. Court of Appeals for the Armed Forces; certiorari’’.

(B) The item relating to section 1259 in the table of sections

at the beginning of chapter 81 of such title is amended to

read as follows:

‘‘1259. Court of Appeals for the Armed Forces; certiorari.’’.

(3) Section 109 of the Ethics in Government Act of 1978

(5 U.S.C. App.) is amended by striking out ‘‘Court of Military

Appeals’’ each place it appears in paragraphs (8) and (10)

and inserting in lieu thereof ‘‘Court of Appeals for the Armed

Forces’’.

SEC. 925. BUDGET SUPPORT FOR RESERVE ELEMENTS OF SPECIAL

OPERATIONS COMMAND.

Section 167 of title 10, United States Code, is amended by

adding at the end the following new subsection: ‘‘(k) BUDGET SUPPORT FOR RESERVE ELEMENTS.—(1) Before the

budget proposal for the special operations command for any fiscal

year is submitted to the Secretary of Defense, the commander

of the command shall consult with the Secretaries of the military

departments concerning funding for reserve component special operations units. If the Secretary of a military department does not
S. 2182—171

concur in the recommended level of funding with respect to any

such unit that is under the jurisdiction of the Secretary, the commander shall include with the budget proposal submitted to the

Secretary of Defense the views of the Secretary of the military

department concerning such funding.

‘‘(2) Before the budget proposal for a military department for

any fiscal year is submitted to the Secretary of Defense, the Secretary of that military department shall consult with the commander of the special operations command concerning funding for

special operations forces in the military personnel budget for a

reserve component in that military department. If the commander

of that command does not concur in the recommended level of

funding with respect to reserve component special operations units,

the Secretary shall include with the budget proposal submitted

to the Secretary of Defense the views of the commander of that

command.’’.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary

in the national interest, the Secretary may transfer amounts of

authorizations made available to the Department of Defense in

this division for fiscal year 1995 between any such authorizations

for that fiscal year (or any subdivisions thereof). Amounts of

authorizations so transferred shall be merged with and be available

for the same purposes as the authorization to which transferred.

(2) The total amount of authorizations that the Secretary of

Defense may transfer under the authority of this section may not

exceed $2,000,000,000.

(b) LIMITATIONS.—The authority provided by this section to

transfer authorizations—

(1) may only be used to provide authority for items that

have a higher priority than the items from which authority

is transferred; and

(2) may not be used to provide authority for an item that

has been denied authorization by Congress.

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made

from one account to another under the authority of this section

shall be deemed to increase the amount authorized for the account

to which the amount is transferred by an amount equal to the

amount transferred.

SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEAR 1994.

(a) AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL

APPROPRIATIONS.—Funds appropriated to the Department of

Defense for fiscal year 1994 in chapter 3 of title I of the Emergency

Supplemental Appropriations Act of 1994 (Public Law 103–211;

108 Stat. 5) for the purposes stated in section 302 of such Act

(108 Stat. 7), relating to the incremental and associated costs of

the Department of Defense incurred in connection with ongoing
S. 2182—172

United States operations relating to Somalia, Bosnia, Southwest

Asia, and Haiti, are hereby authorized in amounts as follows: (1) For Military Personnel: (A) For the Army, $6,600,000.

(B) For the Navy, $19,400,000.

(C) For the Air Force, $18,400,000.

(2) For Operation and Maintenance: (A) For the Army, $420,100,000.

(B) For the Navy, $104,800,000.

(C) For the Air Force, $560,100,000.

(D) For Defense-wide activities, $21,600,000.

(3) For Procurement:

(A) For Aircraft Procurement, Army, $20,300,000.

(B) For Other Procurement, Army, $200,000.

(C) For Other Procurement, Air Force, $26,800,000.

(b) AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR

RELIEF OF RWANDA REFUGEES.—There is authorized to be appropriated to the Emergency Response Fund, Defense, as emergency

supplemental appropriations for fiscal year 1994 the sum of

$270,000,000 to be used to reimburse appropriations of the Department of Defense for costs incurred for emergency relief for Rwanda.

SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.

(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared by the committee of conference to accompany the bill S.

2182 of the One Hundred Third Congress and transmitted to the

President is hereby incorporated into this Act. (b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The

amounts specified in the Classified Annex are not in addition to

amounts authorized to be appropriated by other provisions of this

Act.

(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified

Annex may only be expended for such program, project, or activity

in accordance with such terms, conditions, limitations, restrictions,

and requirements as are set out for that program, project, or activity

in the Classified Annex.

(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall

provide for appropriate distribution of the Classified Annex, or

of appropriate portions of the annex, within the executive branch

of the Government.

SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MISSION

BUDGET.

Section 222(a) of title 10, United States Code, is amended

by striking out ‘‘at the same time that’’ in the second sentence

and inserting in lieu thereof ‘‘not later than 60 days after the

date on which’’.

SEC. 1005. SUBMISSION OF NEXT FUTURE-YEARS DEFENSE PROGRAM

AS REQUIRED BY LAW.

(a) CONDITION ON OBLIGATION OF ADVANCE PROCUREMENT

FUNDS.—If, as of the end of the 90-day period beginning on the

date on which the President’s budget for fiscal year 1996 is submitted to Congress, the Secretary of Defense has not submitted to

Congress the fiscal year 1996 future-years defense program, then

during the 30-day period beginning on the last day of such 90-
S. 2182—173

day period the Secretary may not obligate more than 10 percent

of the fiscal year 1995 advance procurement funds that are available

for obligation as of the end of that 90-day period. If, as of the

end of such 30-day period, the Secretary of Defense has not submitted to Congress the fiscal year 1996 future-years defense program,

then the Secretary may not make any further obligation of fiscal

year 1995 advance procurement funds until such program is submitted to Congress.

(b) REMOVAL OF CONDITION.—If the Secretary submits to Congress the fiscal year 1996 future-years defense program during

the 30-day period described in the first sentence of subsection

(a), the limitation on obligation of advance procurement funds prescribed in that sentence shall cease to apply effective as of the

date of the submission of such program.

(c) COMPLIANCE CERTIFICATION AS CONDITION OF EFFECTIVE

SUBMISSION OF FYDP.—A submission of the fiscal year 1996 futureyears defense program may not be considered to have been made

for purposes of this section unless the submission is accompanied

by a certification by the Secretary that such program as submitted

satisfies the requirements of section 221(b) of title 10, United States

Code. Any such certification may be made by the Secretary only

after consultation with the Inspector General of the Department

of Defense.

(d) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘fiscal year 1996 future-years defense program’’ means the multiyear defense program (including associated annexes) covering fiscal years beginning with fiscal year

1996 required (by section 221 of title 10, United States Code)

to be submitted to Congress in conjunction with the President’s

budget for that fiscal year.

(2) The term ‘‘fiscal year 1995 advance procurement funds’’

means funds appropriated for the Department of Defense for

fiscal year 1995 that are available for advance procurement.

SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED

FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.

(a) AUTHORITY.—The amounts described in subsection (b) may

be obligated and expended for programs, projects, and activities

of the Department of Defense in accordance with fiscal year 1994

defense appropriations except as otherwise provided in subsections

(c) and (d).

(b) COVERED AMOUNTS.—The amounts referred to in subsection

(a) are the amounts provided for programs, projects, and activities

of the Department of Defense in fiscal year 1994 defense appropriations that are in excess of the amounts provided for such programs,

projects, and activities in fiscal year 1994 defense authorizations.

(c) PROGRAMS NOT AVAILABLE FOR OBLIGATION.—Amounts

described in subsection (b) which remain available for obligation

on the date of the enactment of this Act may not be obligated

or expended for the following programs, projects, and activities

of the Department of Defense (for which amounts were provided

in fiscal year 1994 defense appropriations):

(1) The Guardrail modifications program under ‘‘Aircraft

Procurement, Army’’ in the amount of $19,000,000. 

(2) The AT–4 upgrade program under ‘‘Procurement of

Ammunition, Army’’ in the amount of $15,000,000.
S. 2182—174

(3) The Combat Vehicle Modernization program under

‘‘Research, Development, Test, and Evaluation, Army’’ in the

amount of $20,000,000 for incorporation of the Saudi Arabia

M1A2 electronic data processing, storage and retrieval system

in the United States version of the M1A2 tank.

(d) MANUFACTURING TECHNOLOGY.—The Secretary of Defense

may obligate fiscal year 1994 defense appropriations under the

Manufacturing Technology Development program which remain

available for obligation on the date of the enactment of this Act

in accordance with the competition and cost-sharing requirements

of subsection (d) of section 2525 of title 10, United States Code,

as amended by section 256 of this Act, notwithstanding any other

provision of law that specifies (or has the effect of requiring) that

a contract be entered into with, or a grant be made to, a particular

institution or entity.

(e) DEFINITIONS.—For the purposes of this section:

(1) FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.—The term

‘‘fiscal year 1994 defense appropriations’’ means amounts appropriated or otherwise made available to the Department of

Defense for fiscal year 1994 in the Department of Defense

Appropriations Act, 1994 (Public Law 103–139).

(2) FISCAL YEAR 1994 DEFENSE AUTHORIZATIONS.—The term

‘‘fiscal year 1994 defense authorizations’’ means amounts

authorized to be appropriated for the Department of Defense

for fiscal year 1994 in the National Defense Authorization

Act for Fiscal Year 1994 (Public Law 103–160).

Subtitle B—Counter-Drug Activities

SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG

ACTIVITIES.

(a) EXTENSION OF CURRENT AUTHORITY.—Section 1004(a) of

the National Defense Authorization Act for Fiscal Year 1991 (10

U.S.C. 374 note) is amended by striking out ‘‘through 1995’’ and

inserting in lieu thereof ‘‘through 1999’’.

(b) CONDITION ON TRANSFER OF FUNDS.—Funds appropriated

for the Department of Defense may not be transferred to a National

Drug Control Program agency account except to the extent provided

in a law that specifically states—

(1) the amount authorized to be transferred;

(2) the account from which such amount is authorized

to be transferred; and

(3) the account to which such amount is authorized to

be transferred.

(c) CONDITION ON DETAILING PERSONNEL.—Personnel of the

Department of Defense may not be detailed to another department

or agency in order to implement the National Drug Control Strategy

unless the Secretary of Defense certifies to Congress that the detail

of such personnel is in the national security interest of the United

States.

(d) RELATIONSHIP TO OTHER LAW.—A provision of law may

not be construed as modifying or superseding the provisions of

subsection (b) or (c) unless that provision of law—

(1) specifically refers to this section; and
S. 2182—175

(2) specifically states that such provision of law modifies

or supersedes the provisions of subsection (b) or (c), as the

case may be.

SEC. 1012. OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND

AGENTS OF THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN INTERDICTION OF AIRCRAFT USED

IN ILLICIT DRUG TRAFFICKING.

(a) EMPLOYEES AND AGENTS OF FOREIGN COUNTRIES.—Notwithstanding any other provision of law, it shall not be unlawful for

authorized employees or agents of a foreign country (including

members of the armed forces of that country) to interdict or attempt

to interdict an aircraft in that country’s territory or airspace if—

(1) that aircraft is reasonably suspected to be primarily

engaged in illicit drug trafficking; and

(2) the President of the United States, before the interdiction occurs, has determined with respect to that country that—

(A) interdiction is necessary because of the extraordinary threat posed by illicit drug trafficking to the national

security of that country; and

(B) the country has appropriate procedures in place

to protect against innocent loss of life in the air and on

the ground in connection with interdiction, which shall

at a minimum include effective means to identify and warn

an aircraft before the use of force directed against the

aircraft.

(b) EMPLOYEES AND AGENTS OF THE UNITED STATES.—Notwithstanding any other provision of law, it shall not be unlawful for

authorized employees or agents of the United States (including

members of the Armed Forces of the United States) to provide

assistance for the interdiction actions of foreign countries authorized

under subsection (a). The provision of such assistance shall not

give rise to any civil action seeking money damages or any other

form of relief against the United States or its employees or agents

(including members of the Armed Forces of the United States). (c) DEFINITIONS.—For purposes of this section:

(1) The terms ‘‘interdict’’ and ‘‘interdiction’’, with respect

to an aircraft, mean to damage, render inoperative, or destroy

the aircraft.

(2) The term ‘‘illicit drug trafficking’’ means illicit trafficking in narcotic drugs, psychotropic substances, and other controlled substances, as such activities are described by any international narcotics control agreement to which the United States

is a signatory, or by the domestic law of the country in whose

territory or airspace the interdiction is occurring.

(3) The term ‘‘assistance’’ includes operational, training,

intelligence, logistical, technical, and administrative assistance.

SEC. 1013. REPORT ON STATUS OF DEFENSE RANDOM DRUG TESTING

PROGRAM.

Not later than six months after the date of the enactment

of this Act, the Secretary of Defense shall submit to Congress

a report describing the policy and procedures under which the

Armed Forces conduct random drug testing of members of the

Armed Forces, the frequency of such testing, and the number of

members annually required to submit to such testing. The report

shall describe any changes that were made to such policy or proce-
S. 2182—176

dures, or to the frequency of such testing, during the one-year

period ending on the date of the enactment of this Act.

Subtitle C—Naval Vessels and Related

Matters

SEC. 1021. TRANSFER OF USNS MAURY.

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

the USNS Maury (TAGS–39) to the Department of Transportation

for assignment as a training ship to the California Maritime Academy at Vallejo, California. The transfer shall be made on the

date of the decommissioning of that vessel.

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

(a), the Secretary shall deliver the vessel—

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

of the conveyance;

(B) in its condition on that date; and

(C) at no cost to the United States.

(2) The Secretary may require such additional terms and conditions in connection with the transfer authorized by this section

as the Secretary considers appropriate.

SEC. 1022. TRANSFER OF OBSOLETE VESSEL USS GUADALCANAL.

(a) AUTHORITY.—Notwithstanding subsections (a) and (d) of

section 7306 of title 10, United States Code, but subject to subsections (b) and (c) of that section, upon the decommissioning of

the USS Guadalcanal (LPH–7), the Secretary of the Navy may

transfer the USS Guadalcanal to the not-for-profit organization

Intrepid Museum Foundation, New York, New York.

(b) LIMITATION.—The transfer authorized by subsection (a) may

be made only if the Secretary determines that the vessel USS

Guadalcanal is of no further use to the United States for national

security purposes.

(c) TERMS AND CONDITIONS.—The Secretary may require such

terms and conditions in connection with the transfer authorized

by this section as the Secretary considers appropriate.

SEC. 1023. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCEMENT.

Section 2218(f) of title 10, United States Code, shall not apply

in the case of the purchase of three ships for the purpose of

enhancing Marine Corps prepositioning ship squadrons.

Subtitle D—POW/MIA Matters

SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT

AND COLD WAR POW/MIAS WHO REMAIN UNACCOUNTED

FOR.

(a) SINGLE POINT OF CONTACT.—The Secretary of Defense shall

designate an official of the Department of Defense to serve as

a single point of contact within the department—

(1) for the immediate family members (or their designees)

of any unaccounted-for Korean conflict POW/MIA; and

(2) for the immediate family members (or their designees)

of any unaccounted-for Cold War POW/MIA.
S. 2182—177

(b) FUNCTIONS.—The official designated under subsection (a)

shall serve as a liaison between the family members of unaccountedfor Korean conflict POW/MIAs and unaccounted-for Cold War POW/

MIAs and the Department of Defense and other Federal departments and agencies that may hold information that may relate

to such POW/MIAs. The functions of that official shall include

assisting family members—

(1) with the procedures the family members may follow

in their search for information about the unaccounted-for

Korean conflict POW/MIA or unaccounted-for Cold War POW/

MIA, as the case may be;

(2) in learning where they may locate information about

the unaccounted-for POW/MIA; and

(3) in learning how and where to identify classified records

that contain pertinent information and that will be declassified.

(c) ASSISTANCE IN OBTAINING DECLASSIFICATION.—The official

designated under subsection (a) shall seek to obtain the rapid

declassification of any relevant classified records that are identified.

(d) REPOSITORY.—The official designated under subsection (a)

shall provide all documents relating to unaccounted-for Korean

conflict POW/MIAs and unaccounted-for Cold War POW/MIAs that

are located as a result of the official’s efforts to the National

Archives and Records Administration, which shall locate them in

a centralized repository.

(e) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘unaccounted-for Korean conflict POW/MIA’’

means a member of the Armed Forces or civilian employee

of the United States who, as a result of service during the

Korean conflict, was at any time classified as a prisoner of

war or missing-in-action and whose person or remains have

not been returned to United States control and who remains

unaccounted for.

(2) The term ‘‘unaccounted-for Cold War POW/MIA’’ means

a member of the Armed Forces or civilian employee of the

United States who, as a result of service during the period

from September 2, 1945, to August 21, 1991, was at any time

classified as a prisoner of war or missing-in-action and whose

person or remains have not been returned to United States

control and who remains unaccounted for.

(3) The term ‘‘Korean conflict’’ has the meaning given such

term in section 101(9) of title 38, United States Code.

SEC. 1032. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT

RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW

CONCERNING MISSING PERSONS.

(a) REVIEW.—The Secretary of Defense shall conduct a review

of the provisions of chapter 10 of title 37, United States Code,

relating to missing persons.

(b) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to Congress

a report containing the Secretary’s recommendations as to whether

those provisions of law should be amended.

(c) CONSULTATION.—The review under subsection (a) shall be

carried out in consultation with the Secretaries of the military

departments.
S. 2182—178

SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND

THE MINISTRY OF NATIONAL DEFENSE OF CHINA ON

POW/MIA ISSUES.

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

(1) The Select Committee on POW/MIA Affairs of the Senate, in its final report, dated January 13, 1993, concluded—

(A) that ‘‘many American POWs had been held in

China during the Korean conflict and that foreign POW

camps in both China and North Korea were run by Chinese

officials’’; and

(B) that ‘‘given the fact that only 26 Army and 15

Air Force personnel returned from China following the

war, the committee can now firmly conclude that the People’s Republic of China surely has information on the fate

of other unaccounted for American POWs from the Korean

conflict.’’.

(2) The Select Committee on POW/MIA Affairs recommended in that report that ‘‘the Department of State and

Defense form a POW/MIA task force on China similar to Task

Force Russia.’’.

(3) Neither the Department of Defense nor the Department

of State has held substantive discussions with officials from

the People’s Republic of China concerning unaccounted for

American prisoners of war of the Korean conflict.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense should establish contact with officials

of the Ministry of Defense of the People’s Republic of China regarding unresolved issues relating to American prisoners of war and

American personnel missing in action as a result of the Korean

conflict.

SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED

STATES PERSONNEL OF THE VIETNAM CONFLICT.

(a) REQUIREMENT.—Not later than 45 days after the date of

the enactment of this Act, the Secretary of Defense shall submit

to Congress a report containing the information specified in subsection (b) pertaining to United States personnel involved in the

Vietnam conflict who remain not accounted for.

(b) REQUIRED INFORMATION.—The information to be provided

in the report under subsection (a) is as follows:

(1) A complete listing by name of all such personnel about

whom it is possible that officials of the Socialist Republic of

Vietnam can produce additional information or remains that

could lead to the maximum possible accounting for those personnel, as determined on the basis of all information available

to the United States Government.

(2) A complete listing by name of all such personnel about

whom it is possible that officials of the Lao People’s Democratic

Republic can produce additional information or remains that

could lead to the maximum possible accounting for those personnel, as determined on the basis of all information available

to the United States Government.

SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING NORTH

KOREA.

(a) FINDINGS.—Congress makes the following findings:
S. 2182—179

(1) The Select Committee on POW/MIA Affairs of the Senate concluded in its final report, dated January 13, 1993, that

‘‘it is likely that a large number of possible MIA remains

can be repatriated and several records and documents on unaccounted for POW’s and MIA’s can be provided from North

Korea once a joint working level commission is set up under

the leadership of the United States.’’.

(2) The Select Committee recommended in such report

that ‘‘the Departments of State and Defense take immediate

steps to form this commission through the United Nations

Command at Panmunjom, Korea’’ and that the ‘‘commission

should have a strictly humanitarian mission and should not

be tied to political developments on the Korean peninsula.’’.

(3) In August 1993, the United States and North Korea

entered into an agreement concerning the repatriation of

remains of United States personnel.

(4) The establishment of a joint working level commission

with North Korea could enhance the prospects for results under

the August 1993 agreement.

(b) REPORT.—The Secretary of Defense shall, at the end of

January and September of 1995, submit a report to Congress on

the status of efforts to obtain information from North Korea concerning United States personnel involved in the Korean conflict who

remain not accounted for and to obtain from North Korea any

remains of such personnel.

(c) COMMISSION.—The President shall give serious consideration

to establishing a joint working level commission with North Korea,

consistent with the recommendations of the Select Committee on

POW/MIA Affairs of the Senate set forth in the final report of

the committee, dated January 13, 1993, to resolve the remaining

issues relating to United States personnel who became prisoners

of war or missing in action during the Korean conflict.

SEC. 1036. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL FROM THE

KOREAN CONFLICT, THE VIETNAM ERA, AND THE COLD

WAR.

Section 1082 of the National Defense Authorization Act for

Fiscal Years 1992 and 1993 (Public Law 102–190; 50 U.S.C. 401

note) is amended—

(1) in subsection (a), by striking out paragraph (2) and

inserting in lieu thereof the following:

‘‘(2) Paragraph (1) applies to any record, live-sighting report,

or other information in the custody of the official custodian referred

to in subsection (d)(3) that may pertain to the location, treatment,

or condition of (A) United States personnel who remain not

accounted for as a result of service in the Armed Forces or other

Federal Government service during the Korean conflict, the Vietnam

era, or the Cold War, or (B) their remains.’’;

(2) in subsection (c)—

(A) by striking out the first sentence in paragraph

(1) and inserting in lieu thereof the following: ‘‘In the

case of records or other information originated by the

Department of Defense, the official custodian shall make

such records and other information available to the public

pursuant to this section not later than September 30,

1995.’’;
S. 2182—180

(B) in paragraph (2), by striking out ‘‘after March

1, 1992,’’; and

(C) in paragraph (3), by striking out ‘‘a Vietnam-era

POW/MIA who may still be alive in Southeast Asia,’’ and

inserting in lieu thereof ‘‘any United States personnel

referred to in subsection (a)(2) who remain not accounted

for but who may still be alive in captivity,’’;

(3) by striking out subsection (d) and inserting in lieu

thereof the following:

‘‘(d) DEFINITIONS.—For purposes of this section:

‘‘(1) The terms ‘Korean conflict’ and ‘Vietnam era’ have

the meanings given those terms in section 101 of title 38,

United States Code.

‘‘(2) The term ‘Cold War’ means the period from the end

of World War II to the beginning of the Korean conflict and

the period from the end of the Korean conflict to the beginning

of the Vietnam era.

‘‘(3) The term ‘official custodian’ means—

‘‘(A) in the case of records, reports, and information

relating to the Korean conflict or the Cold War, the

Archivist of the United States; and

‘‘(B) in the case of records, reports, and information

relating to the Vietnam era, the Secretary of Defense.’’;

and

(4) by striking out the section heading and inserting:

‘‘SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL OF THE

COLD WAR, THE KOREAN CONFLICT, AND THE VIETNAM

ERA.’’.

Subtitle E—Miscellaneous Reporting

Requirements

SEC. 1041. ANNUAL REPORT ON DENIAL, REVOCATION, AND SUSPENSION OF SECURITY CLEARANCES.

(a) IN GENERAL.—The Secretary of Defense shall submit to

Congress, not later than 90 days after the close of each of fiscal

years 1995 through 2000, a report concerning the denial, revocation,

or suspension of security clearances for Department of Defense

military and civilian personnel, and for Department of Defense

contractor employees, for that fiscal year. (b) MATTER TO BE INCLUDED IN REPORT.—The Secretary shall

include in each such report the following information with respect

to the fiscal year covered by the report (shown separately for members of the Armed Forces, civilian officers and employees of the

Department of Defense, and employees of contractors of the Department of Defense):

(1) The number of denials, revocations, and suspensions

of a security clearance, including clearance for special access

programs and for sensitive compartmented information.

(2) For cases involving the denial or revocation of a security

clearance, the average period from the date of the initial determination and notification to the individual concerned of the

denial or revocation of the clearance to the date of the final
S. 2182—181

determination of the denial or revocation, as well as the shortest

and longest period in such cases.

(3) For cases involving the suspension of a security clearance, the average period from the date of the initial determination and notification to the individual concerned of the suspension of the clearance to the date of the final determination

of the suspension, as well as the shortest and longest period

of such cases.

(4) The number of cases in which a security clearance

was suspended in which the resolution of the matter was the

restoration of the security clearance, and the average period

for such suspensions.

(5) The number of cases (shown only for members of the

Armed Forces and civilian officers and employees of the Department of Defense) in which an individual who had a security

clearance denied or revoked remained a member of the Armed

Forces or a civilian officer or employee, as the case may be,

at the end of the fiscal year.

(6) The number of cases in which an individual who had

a security clearance suspended, and in which no final determination had been made, remained a member of the Armed

Forces, a civilian officer or employee, or an employee of a

contractor, as the case may be, at the end of the fiscal year.

(7) The number of cases in which an appeal was made

from a final determination to deny or revoke a security clearance and, of those, the number in which the appeal resulted

in the granting or restoration of the security clearance.

SEC. 1042. REPORT ON USE OF LOW-ENRICHED URANIUM AS FUEL

FOR NAVAL NUCLEAR REACTORS.

(a) REQUIREMENT OF REPORT.—Not later than June 1, 1995,

the Secretary of the Navy shall submit to the Committees on

Armed Services of the Senate and House of Representatives a

report on the use of low-enriched uranium (instead of highlyenriched uranium) as fuel for naval nuclear reactors.

(b) CONTENTS OF REPORT.—The report shall include an assessment of the following: (1) The advantages and disadvantages of the use of low- enriched uranium (instead of highly-enriched uranium) as fuel

for naval nuclear reactors.

(2) The effects of such use on the following: (A) Operating performance, ship displacement, and

reactor core life, including the full range of plausible tradeoffs among operating performance, ship displacement, and

reactor core life that may result from such use.

(B) Construction costs and operating costs.

(C) Naval fuel cycles.

(D) Policies of the United States for the nonproliferation of nuclear weapons, including the proposal of the President for a global ban on the production of fissile materials

for weapons.

(3) The implications of such use for current and future

United States nuclear-powered naval vessels.

(4) The complexity and effectiveness of safeguards under

naval fuel cycles for low-enriched uranium in relation to the

complexity and effectiveness of safeguards under naval fuel

cycles for highly-enriched uranium.
S. 2182—182

(5) The risk of theft or diversion of low-enriched uranium

under naval fuel cycles for low-enriched uranium in relation

to the risk of theft or diversion of highly-enriched uranium

under naval fuel cycles for highly-enriched uranium.

(6) The potential savings that might be achieved, and the

potential additional costs that might be incurred, as a result

of the use of low-enriched uranium instead of highly-enriched

uranium as fuel for naval nuclear reactors.

(7) Any additional information that the Secretary of the

Navy considers to be appropriate.

Subtitle F—Congressional Findings, Policies, Commendations, and Commemorations

SEC. 1051. SENSE OF CONGRESS CONCERNING COMMENDATION OF

INDIVIDUALS EXPOSED TO MUSTARD AGENTS DURING

WORLD WAR II TESTING ACTIVITIES.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense should issue to each individual described

in subsection (b) a commendation in honorary recognition of the

individual’s special service, loyalty, and contribution to the United

States.

(b) COVERED INDIVIDUALS.—Individuals referred to in subsection (a) are those individuals who, as members of the Armed

Forces or employees of the Department of War during World War

II, were exposed (without their knowledge or consent) to mustard

agents in connection with testing performed by the Department

of War during that war.

(c) NOTIFICATION OF EXPOSURE.—The Secretary of Defense shall

notify each surviving individual described in subsection (b) of—

(1) the exposure described in subsection (b);

(2) the possible health effects of the exposure that are

known to the Secretary; and

(3) the likely options available to the individual for medical

treatment for any adverse health effects resulting from the

exposure.

(d) FURNISHING OF INFORMATION TO SECRETARY OF VETERANS

AFFAIRS.—The Secretary of Defense shall provide to the Secretary

of Veterans Affairs any information of the Department of Defense

regarding the exposure described in subsection (b), including the

names of the individuals described in subsection (b).

SEC. 1052. USS INDIANAPOLIS (CA–35): GALLANTRY, SACRIFICE AND

A DECISIVE MISSION TO END WW II.

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

(1) The USS INDIANAPOLIS served the people of the

United States with valor and distinction throughout World

War II in action against enemy forces in the Pacific Theater

of Operations from 7 December 1941 to 29 July 1945.

(2) The fast and powerful heavy cruiser with its courageous

and capable crew, compiled an impressive combat record during

her victorious forays across the battle-torn reaches of the

Pacific, receiving in the process ten hard-earned Battle Stars

from the Aleutians to Okinawa.
S. 2182—183

(3) This mighty ship repeatedly proved herself a swift,

hard-hitting weapon of our Pacific Fleet, rendering invaluable

service in anti-shipping, shore bombardments, anti-air and

invasion support roles, and serving with honor and great

distinction as Fifth Fleet Flagship under Admiral Raymond

Spruance, USN, and Third Fleet Flagship under Admiral William F. Halsey, USN.

(4) This gallant ship, owing to her superior speed and

record of accomplishment, transported the world’s first operational atomic bomb to the Island of Tinian, accomplishing

her mission at a record average speed of 29 knots.

(5) Following the accomplishment of her mission, the

INDIANAPOLIS departed Tinian for Guam and, thereafter,

embarked from Guam for the Leyte Gulf where she was to

join with the fleet assembling for the invasion of Japan.

(6) At 0014 hours on 30 July 1945, the USS INDIANAPOLIS was sunk by enemy torpedo action.

(7) Of the approximately 900 members of her crew of 1,198

officers and men who survived the initial torpedo attack, only

319 were eventually rescued because, as a result of the ship’s

communication ability having been destroyed in the attack,

the sinking of the USS INDIANAPOLIS was not discovered

for five fateful days, during which the survivors suffered incessant shark attacks, starvation, desperate thirst, and exposure.

(8) From her participation in the earliest offensive actions

in the Pacific in World War II to becoming the last capital

ship lost in that conflict, the USS INDIANAPOLIS and her

crew left an indelible imprint on our nation’s struggle to eventual victory.

(9) This selfless and outstanding performance of duty

reflects great credit upon the ship and her crew, thus upholding

the very highest traditions of the United States Navy.

(b) RECOGNITION AND COMMENDATION.—Congress, acting on

behalf of the grateful people of the United States, hereby—

(1) recognizes the invaluable contributions of the USS

INDIANAPOLIS to the ending of World War II; and

(2) on the occasion of the 50th Anniversary of her tragic

sinking, and the dedication of her National Memorial in

Indianapolis on July 30th, 1995, commends this gallant ship

and her crew for selfless and heroic service to the United

States of America.

Subtitle G—Other Matters

SEC. 1061. INCREASED AUTHORITY TO ACCEPT VOLUNTARY SERVICES.

(a) EXPANSION OF AUTHORITY.—The text of section 1588 of

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

‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject to subsection

(b) and notwithstanding section 1342 of title 31, the Secretary

concerned may accept from any person the following services:

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

services, or other health-care related services.

‘‘(2) Voluntary services to be provided for a museum or

a natural resources program.
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‘‘(3) Voluntary services to be provided for programs providing services to members of the armed forces and the families

of such members, including the following programs:

‘‘(A) Family support programs.

‘‘(B) Child development and youth services programs.

‘‘(C) Library and education programs.

‘‘(D) Religious programs.

‘‘(E) Housing referral programs.

‘‘(F) Programs providing employment assistance to

spouses of such members.

‘‘(G) Morale, welfare, and recreation programs, to the

extent not covered by another subparagraph of this paragraph.

‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The Secretary concerned shall notify the person of the scope of the services accepted.

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

accepted under subsection (a), the Secretary concerned shall—

‘‘(A) supervise the person to the same extent as the Secretary would supervise a compensated employee providing similar services; and

‘‘(B) ensure that the person is licensed, privileged, has

appropriate credentials, or is otherwise qualified under

applicable law or regulations to provide such services.

‘‘(3) With respect to a person providing voluntary services

accepted under subsection (a), the Secretary concerned may not—

‘‘(A) place the person in a policy-making position; or

‘‘(B) except as provided in subsection (e), compensate the

person for the provision of such services.

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

SERVICES.—The Secretary concerned may recruit and train persons to provide voluntary services accepted under subsection (a). ‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—(1) Subject to paragraph (3), while providing voluntary services accepted under

subsection (a) or receiving training under subsection (c), a person,

other than a person referred to in paragraph (2), shall be considered

to be an employee of the Federal Government only for purposes

of the following provisions of law: ‘‘(A) Subchapter I of chapter 81 of title 5 (relating to com- pensation for work-related injuries). ‘‘(B) Section 2733 of this title and chapter 171 of title

28 (relating to claims for damages or loss). ‘‘(C) Section 522a of title 5 (relating to maintenance of records on individuals).

‘‘(D) Chapter 11 of title 18 (relating to conflicts of interest). ‘‘(2) Subject to paragraph (3), while providing a nonappropriated

fund instrumentality of the United States with voluntary services

accepted under subsection (a), or receiving training under subsection

(c) to provide such an instrumentality with services accepted under

subsection (a), a person shall be considered an employee of that

instrumentality only for the following purposes:

‘‘(A) Subchapter II of chapter 81 of title 5 (relating to

compensation of nonappropriated fund employees for workrelated injuries).

‘‘(B) Section 2733 of this title and chapter 171 of title

28 (relating to claims for damages or loss).

‘‘(3) A person providing voluntary services accepted under subsection (a) shall be considered to be an employee of the Federal
S. 2182—185

Government under paragraph (1) or (2) only with respect to services

that are within the scope of the services so accepted.

‘‘(4) For purposes of determining the compensation for workrelated injuries payable under chapter 81 of title 5 (pursuant to

this subsection) to a person providing voluntary services accepted

under subsection (a), the monthly pay of the person for such services

shall be deemed to be the amount determined by multiplying—

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

provided the services, by

‘‘(B) the minimum wage determined in accordance with

section 6(a)(1) of the Fair Labor Standards Act of 1938 (29

U.S.C. 206(a)(1)).

‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary

concerned may provide for reimbursement of a person for incidental

expenses incurred by the person in providing voluntary services

accepted under subsection (a). The Secretary shall determine which

expenses are eligible for reimbursement under this subsection. Any

such reimbursement may be made from appropriated or

nonappropriated funds.’’.

(b) PILOT PROGRAM.—(1) The Secretary of Defense shall conduct

a pilot program, for not less than six months, to accept voluntary

services under the authority provided in section 1588 of title 10,

United States Code, as amended by subsection (a). The purpose

of the pilot program shall be to evaluate the policies and procedures

of the Department of Defense for the acceptance of voluntary services under such section. The pilot program shall involve a variety

of services, programs, and locations.

(2) The Secretary may not accept voluntary services under section 1588 of title 10, United States Code (other than services

that may have been accepted under such section before the date

of the enactment of this Act), and may not issue regulations to

implement the amendment to such section made by subsection

(a), until after the termination of the pilot program. (3) Not later than 60 days after the termination of the pilot

program, the Secretary shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on

the results of the pilot program. (c) CONFORMING AMENDMENT.—Section 8171(a) of title 5,

United States Code, is amended by inserting ‘‘, or to a volunteer

providing such an instrumentality with services accepted under

section 1588 of title 10,’’ after ‘‘described by section 2105(c) of

this title’’.

SEC. 1062. CIVIL AIR PATROL.

(a) PROVISION OF FUNDS.—Subsection (b) of section 9441 of

title 10, United States Code, is amended—

(1) by redesignating paragraphs (8), (9), (10), and (11)

as paragraphs (9), (10), (11), and (12), respectively; and

(2) by inserting after paragraph (7) the following new paragraph (8):

‘‘(8) provide funds for the national headquarters of the

Civil Air Patrol, including funds for the payment of staff compensation and benefits, administrative expenses, travel, per

diem and allowances, rent and utilities, and other operational

expenses;’’.

(b) LIAISONS.—Such section is further amended by adding at

the end the following new subsection:
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‘‘(d)(1) The Secretary of the Air Force may authorize the Civil

Air Patrol to employ, as administrators and liaison officers, persons

retired from service in the Air Force whose qualifications are

approved under regulations prescribed by the Secretary and who

request such employment.

‘‘(2) A person employed pursuant to paragraph (1) may receive

the person’s retired pay and an additional amount for such employment that is not more than the difference between the person’s

retired pay and the pay and allowances the person would be entitled

to receive if ordered to active duty in the grade in which the

person retired from service in the Air Force. The additional amount

shall be paid to the Civil Air Patrol by the Secretary from funds

appropriated for that purpose.

‘‘(3) A person employed pursuant to paragraph (1) may not,

while so employed, be considered to be on active duty or inactiveduty training for any purpose.’’.

SEC. 1063. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND

OTHER GUARANTEES FOR THE DEPARTMENT OF

DEFENSE.

(a) PROHIBITION.—Subchapter I of chapter 134 of title 10,

United States Code, as amended by section 372, is further amended

by adding at the end the following new section:

‘‘§ 2248. Purchase of surety bonds: prohibition

‘‘Funds appropriated or otherwise made available to the Department of Defense for fiscal years 1995 through 1999 may not be

obligated or expended for the purchase of surety bonds or other

guarantees of financial responsibility in order to guarantee the

performance of any direct function of the Department of Defense.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the

following new item:

‘‘2248. Purchase of surety bonds: prohibition.’’.

SEC. 1064. REVISION OF AUTHORITY FOR USE OF NAVY INSTALLATIONS

TO PROVIDE PRERELEASE EMPLOYMENT TRAINING TO

NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS.

(a) SOURCES OF TRAINING.—Subsection (b) of section 1374 of

the National Defense Authorization Act for Fiscal Year 1994 (Public

Law 103–160; 107 Stat. 1821; 10 U.S.C. 5013 note) is amended—

(1) by striking out the subsection caption and inserting

in lieu thereof ‘‘SOURCES OF TRAINING.—’’; and

(2) by inserting before the period at the end the following:

‘‘or may provide such training directly at such installations

by agreement with the State concerned’’.

(b) LIABILITY AND INDEMNIFICATION.—Subsection (e) of such

section is amended to read as follows:

‘‘(e) LIABILITY AND INDEMNIFICATION.—(1) The Secretary may

not enter into a cooperative agreement under subsection (b) with

a nonprofit organization for the participation of that organization

in the demonstration project unless the agreement includes provisions that the nonprofit organization shall—

‘‘(A) be liable for any loss or damage to Federal Government

property that may result from, or in connection with, the provision of prerelease employment training by the organization

under the demonstration project; and
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‘‘(B) hold harmless and indemnify the United States from

and against any suit, claim, demand, action, or liability arising

out of any claim for personal injury or property damage that

may result from or in connection with the demonstration

project.

‘‘(2) The Secretary may not enter into an agreement under

subsection (b) with the State concerned for the provision of

prerelease employment training directly by the Secretary unless

the agreement with the State concerned includes provisions that

the State shall—

‘‘(A) be liable for any loss or damage to Federal Government

property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage

results from a wrongful act or omission of Federal Government

personnel; and

‘‘(B) hold harmless and indemnify the United States from

and against any suit, claim, demand, action, or liability arising

out of any claim for personal injury or property damage that

may result from, or in connection with, the provision of the

training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal

Government personnel.’’.

SEC. 1065. DEMONSTRATION PROJECT FOR USE OF ARMY INSTALLATIONS TO PROVIDE PRERELEASE EMPLOYMENT TRAINING TO NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS.

(a) DEMONSTRATION PROJECT AUTHORIZED.—The Secretary of

the Army may conduct a demonstration project to test the feasibility

of using Army facilities to provide employment training to nonviolent offenders in a State penal system before their release from

incarceration. The demonstration project shall be limited to not

more than three military installations under the jurisdiction of

the Secretary. (b) SOURCES OF TRAINING.—The Secretary may enter into a

cooperative agreement with one or more private, nonprofit organizations for purposes of providing at the military installations included

in the demonstration project the prerelease employment training

authorized under subsection (a) or may provide such training

directly at such installations by agreement with the State concerned.

(c) USE OF FACILITIES.—Under a cooperative agreement entered into under subsection (b), the Secretary may lease or otherwise

make available to a nonprofit organization participating in the

demonstration project at a military installation included in the

demonstration project any real property or facilities at the installation that the Secretary considers to be appropriate for use to provide

the prerelease employment training authorized under subsection

(a). Notwithstanding section 2667(b)(4) of title 10, United States

Code, the use of such real property or facilities may be permitted

with or without reimbursement.

(d) ACCEPTANCE OF SERVICES.—Notwithstanding section 1342

of title 31, United States Code, the Secretary may accept voluntary

services provided by persons participating in the prerelease employment training authorized under subsection (a).

(e) LIABILITY AND INDEMNIFICATION.—(1) The Secretary may

not enter into a cooperative agreement under subsection (b) with
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a nonprofit organization for the participation of that organization

in the demonstration project unless the agreement includes provisions that the nonprofit organization shall—

(A) be liable for any loss or damage to Federal Government

property that may result from, or in connection with, the provision of prerelease employment training by the organization

under the demonstration project; and

(B) hold harmless and indemnify the United States from

and against any suit, claim, demand, action, or liability arising

out of any claim for personal injury or property damage that

may result from or in connection with the demonstration

project.

(2) The Secretary may not enter into an agreement under

subsection (b) with the State concerned for the provision of

prerelease employment training directly by the Secretary unless

the agreement with the State concerned includes provisions that

the State shall—

(A) be liable for any loss or damage to Federal Government

property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage

results from a wrongful act or omission of Federal Government

personnel; and

(B) hold harmless and indemnify the United States from

and against any suit, claim, demand, action, or liability arising

out of any claim for personal injury or property damage that

may result from, or in connection with, the provision of the

training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal

Government personnel.

(f) REPORT.—Not later than two years after the date of the

enactment of this Act, the Secretary shall submit to Congress

a report evaluating the success of the demonstration project and

containing such recommendations with regard to the termination,

continuation, or expansion of the demonstration project as the Secretary considers appropriate.

SEC. 1066. INTERAGENCY PLACEMENT PROGRAM FOR FEDERAL

EMPLOYEES AFFECTED BY REDUCTIONS IN FORCE.

(a) STUDY AND REPORT.—(1) The Director of the Office of

Personnel Management shall conduct a study on the feasibility

of establishing a mandatory interagency placement program for

Federal employees affected by reductions in force.

(2) For purposes of paragraph (1), an interagency placement

program is a program that provides a system to require the offering

of a position in an agency to an employee of another agency affected

by a reduction in force if—

(A) the position cannot be filled through a placement program of the agency in which the position is located;

(B) the employee to whom the offer is made is qualified

for the offered position; and

(C) the geographic location of the offered position is within

the commuting area of—

(i) the residence of the employee; or

(ii) the employee’s present or last-held position.

(3) The Director shall carry out this subsection in consultation

with the Secretary of Defense.
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(4) The Director shall seek comments from the heads of all

appropriate Federal agencies in conducting the study required by

paragraph (1).

(5) Not later than six months after the date of the enactment

of this Act, the Director shall submit to Congress a report on

the results of the study required by paragraph (1) and on any

action taken by the Director under subsection (b).

(b) AGREEMENTS TO ESTABLISH INTERAGENCY PLACEMENT PROGRAM.—(1) The Director may establish a Government-wide interagency placement program for Federal employees affected by reductions in force if, during the 6-month period beginning on the date

of the enactment of this Act, the Director, in consultation with

the Secretary of Defense, determines that such a program is feasible. To carry out the program, the Director may enter into an

agreement with the head of each agency that agrees to participate

in the program. If the Director establishes a program under this

subsection, it is not necessary that the program be an interagency

placement program within the meaning of subsection (a)(2).

(2) If the Director establishes a program pursuant to paragraph

(1), the report required by subsection (a)(5) shall identify each

agency that does not agree to participate in the program and

the reasons of the head of that agency for not agreeing to participate.

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘agency’’ means an Executive agency as

defined in section 105 of title 5, United States Code, except

that such term does not include the General Accounting Office.

(2) The term ‘‘Federal employees affected by reductions

in force’’ means Federal employees who are separated, or are

scheduled to be separated, from service under a reduction in

force pursuant to—

(A) regulations prescribed under section 3502 of title

5, United States Code; or

(B) procedures established under section 3595 of such

title.

SEC. 1067. NATIONAL MUSEUM OF HEALTH AND MEDICINE.

(a) PURPOSE.—It is the purpose of this section—

(1) to display and interpret the collections of the Armed

Forces Institute of Pathology currently located at Walter Reed

Medical Center;

(2) to designate the public facility of the Armed Forces

Institute of Pathology as the National Museum of Health and

Medicine; and

(3) to designate a site for the relocation of the public

facility of the National Museum of Health and Medicine so

that it may serve as a central resource of instruction about,

and be involved in, the critical health issues which confront

all American citizens.

(b) DESIGNATION AND SITE OF FACILITY.—The public facility

of the Armed Forces Institute of Pathology—

(1) shall also be known as the National Museum of Health

and Medicine; and

(2) shall be located on or near the Mall on land owned

by the Federal Government or the District of Columbia (or

both) in the District of Columbia.
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(c) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed as limiting the authority or responsibilities of the

National Capital Planning Commission or the Commission of Fine

Arts.

(d) DEFINITION.—As used in this section, the term ‘‘the Mall’’

means—

(1) the land designated as ‘‘Union Square’’, United States

Reservation 6A; and

(2) the land designated as the ‘‘Mall’’, United States Reservations 3, 4, 5, and 6.

(e) SENSE OF THE CONGRESS.—

(1) FINDINGS.—Congress makes the following findings:

(A) The National Museum of Health and Medicine

Foundation, Inc. (a private, nonprofit organization having

for its primary purpose the relocation to the Mall and

revitalization of the National Museum of Health and Medicine), the Armed Forces Institute of Pathology, and the

Public Health Service have jointly supported planning to

relocate the Museum to a site on land that is located

east of and adjacent to the Hubert H. Humphrey Building

(100 Independence Avenue, Southwest, in the District of

Columbia).

(B) The National Museum of Health and Medicine

Foundation, Inc., is deserving of the encouragement and

support of the American people in its effort to relocate

the National Museum of Health and Medicine to a site

on land that is located east of and adjacent to the Hubert

H. Humphrey Building, and in its effort to raise funds

for a revitalized Museum to inspire increasing numbers

of Americans to lead healthy lives through improved public

understanding of health and the medical sciences.

(2) LOCATION.—It is the sense of Congress that, subject

to appropriate approvals by the National Capital Planning

Commission and the Commission of Fine Arts, the National

Museum of Health and Medicine should be relocated to a site

on land that is located east of and adjacent to the Hubert

H. Humphrey Building for the purpose of educating the American public concerning health and the medical sciences.

SEC. 1068. ASSIGNMENTS OF EMPLOYEES BETWEEN FEDERAL AGENCIES AND FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

(a) AUTHORITY.—Section 3371(4) of title 5, United States Code,

is amended—

(1) by striking out ‘‘or’’ at the end of subparagraph (B);

(2) by striking out the period at the end of subparagraph

(C) and inserting in lieu thereof ‘‘; or’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) a federally funded research and development center.’’.

(b) PROVISIONS GOVERNING ASSIGNMENTS.—Section 3372 of title

5, United States Code, is amended by adding at the end the following new subsection:

‘‘(e) Under regulations prescribed pursuant to section 3376 of

this title—

‘‘(1) an assignment of an employee of a Federal agency

to an other organization or an institution of higher education,
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and an employee so assigned, shall be treated in the same

way as an assignment of an employee of a Federal agency

to a State or local government, and an employee so assigned,

is treated under the provisions of this subchapter governing

an assignment of an employee of a Federal agency to a State

or local government, except that the rate of pay of an employee

assigned to a federally funded research and development center

may not exceed the rate of pay that such employee would

be paid for continued service in the position in the Federal

agency from which assigned; and

‘‘(2) an assignment of an employee of an other organization

or an institution of higher education to a Federal agency, and

an employee so assigned, shall be treated in the same way

as an assignment of an employee of a State or local government

to a Federal agency, and an employee so assigned, is treated

under the provisions of this subchapter governing an assignment of an employee of a State or local government to a

Federal agency.’’.

SEC. 1069. REVIEW OF THE BOTTOM UP REVIEW AND THE FUTURE

YEAR DEFENSE PROGRAM AND ESTABLISHMENT OF NEW

FUNDING REQUIREMENTS AND PRIORITIES.

(a) FINDINGS.—Congress finds as follows:

(1) United States defense policy is to maintain the capability to fight and win two major regional contingencies nearly

simultaneously.

(2) The Secretary of Defense conducted the Bottom Up

Review during 1993 to structure the Armed Forces for the

Post-Cold War period.

(3) The United States military force structure has shrunk

dramatically since the 1991 Persian Gulf War and some critical

force enhancements will not be deployed for several years. (4) The Secretary of Defense (in testimony before the

Committee on Armed Services of the Senate on February 2,

1994) stated that under current inflation assumptions the

Department of Defense’s Future Years Defense Program

includes approximately $20,000,000,000 more in program funding requests for fiscal years 1996 through 1999 than the defense

funding levels projected for the President’s budget for those

years. (5) The Secretary of the Navy (in testimony before the Committee on Armed Services of the Senate on March 8, 1994)

stated that by 1999 the Department of the Navy will operate

only 330 ships, rather than the 346 ships projected in the

report on the Bottom Up Review.

(6) The Secretary of Defense, in his January 1994 Annual

Report to the President and Congress, reported that the Air

Force will field approximately 100 heavy bombers, rather than

the ‘‘up to 184’’ assumed in the report on the Bottom Up

Review.

(7) The plans of the Department of Defense for a major

regional contingency in the Far East call for up to 5 Army

divisions and the plans for a major regional contingency in

Southwest Asia call for up to 7 Army divisions, while the

report on the Bottom Up Review plans for an Army of 10

active divisions and at least 15 enhanced-readiness Army

National Guard brigades.
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(8) The President’s budget for fiscal year 1995 assumes

the Department of Defense will save at least $6,000,000,000

from procurement reform.

(9) The first and second rounds of the Base Realignment

and Closure Commission have not yet achieved the level of

savings initially estimated, and the 1995 base closure round

may cost significantly more than is assumed in the President’s

budget.

(10) United States forces are presently involved in humanitarian relief efforts in or around Rwanda, in a number of

air and maritime operations relating to the United Nations

operations in Bosnia, and in a variety of operations relating

to Iraq, Haiti, Somalia, and Macedonia.

(11) United States forces may be called upon in the future

to conduct additional humanitarian and relief missions.

(12) United States forces may be called upon to conduct

even more significant operations to enforce a peace agreement

in Bosnia and to facilitate the departure from Haiti of the

military leadership.

(13) Many of the forces that are participating in these

other-than-war or nontraditional operations would be required

early on in the event of one or more major regional contingencies.

(14) There are inevitable tradeoffs among spending on force

structure, readiness, modernization, personnel, pay, and quality

of life.

(b) SENSE OF CONGRESS.—In light of the findings in subsection

(a), it is the sense of Congress that—

(1) within 30 days after enactment of this Act, the Secretary

of Defense should initiate a review of the assumptions and

conclusions of the President’s budget, the report on the Bottom

Up Review, and the Future Years Defense Program, such

review to include consideration of the various other-than-war

or nontraditional operations in which the United States forces

are or may be participating;

(2) not more than 180 days after the review is initiated,

the Secretary should submit to the President and Congress

a report which—

(A) describes in detail the force structure required to

fight and win two major regional contingencies nearly

simultaneously in light of other ongoing or potential operations;

(B) may also address possible changes in national security planning or programs, including revised alliance

arrangements, increased reliance on reserve component

forces, or adjustments to the national military strategy;

and

(C) includes an evaluation of an Army configured as

12 active duty divisions, a number of which would be

rounded out with National Guard combat units;

(3) not more than 60 days after receipt of the report from

the Secretary of Defense, the President should submit to Congress a report detailing the steps the President intends to

take to meet the force structure described in the Secretary’s

report;
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(4) future-years defense budgets submitted to Congress

by the President should reflect the funding level necessary

to support the force structure described in the report;

(5) funding for national defense for fiscal years 1995

through 1997 should be established at a level sufficient to

support a force structure adequate to meet a two-war strategy

and to ensure that the United States does not have a hollow

force;

(6) the force structure to meet the requirements of a twowar strategy represents the minimum level which should be

maintained unless the strategy is modified;

(7) whenever possible and consistent with the safety of

United States personnel, in deploying military forces in support

of operations other than war or other nontraditional operations,

the President should seek to use forces other than those identified for early deployment in the event of one or more major

regional contingencies; and

(8) the President should be willing to increase defense

spending if required to meet new or existing threats.

SEC. 1070. TECHNICAL AND CLERICAL AMENDMENTS.

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States

Code, is amended as follows:

(1) Section 113(e)(2) is amended by striking out ‘‘section

104’’ and inserting in lieu thereof ‘‘section 108’’.

(2) Section 133a(b) is amended by inserting ‘‘and Technology’’ before ‘‘in the performance of’’.

(3) Section 580a(a) is amended by striking out ‘‘the date

of the enactment of this section’’ and inserting in lieu thereof

‘‘November 30, 1993,’’.

(4) The section 1058 added by section 551(a) of Public

Law 103–160 (107 Stat. 1661) is amended in subsection (d)

by striking out ‘‘subject to this chapter’’ and inserting in lieu

thereof ‘‘subject to the Uniform Code of Military Justice (chapter

47 of this title)’’.

(5)(A) The section 1058 added by section 554(a) of Public

Law 103–160 (107 Stat. 1663) is redesignated as section 1059.

(B) The item relating to that section in the table of sections

at the beginning of chapter 53 is revised to conform to the

redesignation made by subparagraph (A).

(6)(A) The section 1058 added by section 1433(b) of Public

Law 103–160 (107 Stat. 1834) is redesignated as section 1060.

(B) The item relating to that section in the table of sections

at the beginning of chapter 53 is revised to conform to the

redesignation made by subparagraph (A).

(7) Section 1151(h)(3)(B)(v) is amended by inserting ‘‘school’’

after ‘‘For the fifth’’.

(8)(A) The heading of section 1482a is amended so that

the first letter of the fifth word is lower case.

(B) The item relating to that section in the table of sections

at the beginning of chapter 75 is revised to conform to the

amendment made by subparagraph (A).

(9) Section 2172(a)(3) is amended—

(A) by striking out ‘‘health education assistance loan’’

and inserting in lieu thereof ‘‘health professions education

loan’’;
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(B) by striking out ‘‘part C’’ and inserting in lieu thereof

‘‘part A’’; and

(C) by striking out ‘‘42 U.S.C. 294’’ and inserting in

lieu thereof ‘‘42 U.S.C. 292’’.

(10) Section 2350j is amended—

(A) in subsection (a), by inserting a comma after ‘‘Secretary of State’’ the second place it appears; and

(B) in subsection (f), by striking out ‘‘the’’ after ‘‘shall

submit to’’.

(11) Section 2399 is amended—

(A) in subsection (b)(5) and (c)(1), by striking out ‘‘section 138(a)(2)(B)’’ and inserting in lieu thereof ‘‘section

139(a)(2)(B)’’;

(B) in subsection (g), by striking out ‘‘section 138’’

and inserting in lieu thereof ‘‘section 139’’; and

(C) in subsection (h)(1), by striking out ‘‘section

138(a)(2)(A)’’ and inserting in lieu thereof ‘‘section

139(a)(2)(A)’’.

(12) Section 2502(d) is amended by striking out ‘‘Executive’’

and inserting in lieu thereof ‘‘executive’’.

(13)(A) Section 2540, as added by subsection (a) of section

822 of Public Law 103–160 (107 Stat. 1705), and section 2541,

as added by subsection (b) of that section, are redesignated

as sections 2539a and 2539b, respectively.

(B) The items relating to those sections in the table of

sections at the beginning of subchapter V of chapter 148 are

revised to conform to the redesignations made by subparagraph

(A).

(14) Section 2865(a)(4) is amended by adding a period

at the end.

(15) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are

amended by striking out ‘‘section 137(c)’’ and inserting in lieu

thereof ‘‘section 135(c)’’.

(16) The item relating to section 3082 in the table of sections at the beginning of chapter 307 (as added by section

521(b) of Public Law 103–160 (107 Stat. 1655)) is amended

by striking out ‘‘3082.’’ the second place it appears. (17) Section 9021(c)(1) is amended by striking out ‘‘after

the end of the 90-day period beginning on the date of the

enactment of this section’’ and inserting in lieu thereof ‘‘after

February 27, 1990’’.

(b) PUBLIC LAW 103–160.—Effective as of November 30, 1993,

and as if included therein as enacted, the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160) is

amended as follows:

(1) Section 507(d)(3) (107 Stat. 1647) is amended by inserting ‘‘note’’ after ‘‘10 U.S.C. 1293’’.

(2) Section 524(c) (107 Stat. 1657) is amended by inserting

‘‘his’’ in the first quoted matter therein after ‘‘termination of’’.

(3) Section 551(a)(1) (107 Stat. 1661) is amended by striking

out ‘‘Section’’ and inserting in lieu thereof ‘‘Chapter’’.

(4) Section 554(a)(2) (107 Stat. 1666) is amended by striking

out ‘‘inserting after the item relating to section 1056’’ and

inserting in lieu thereof ‘‘adding at the end’’.

(5) Section 554(b) (107 Stat. 1666) is amended—

(A) in paragraph (1), by striking out ‘‘Section 1058

of title 10, United States Code, as added by subsection
S. 2182—195

(a),’’ and inserting in lieu thereof ‘‘The section of title

10, United States Code, added by subsection (a)(1)’’; and

(B) in paragraph (2), by striking out ‘‘1058’’.

(6) Section 713(a)(1) (107 Stat. 1689) is amended by striking

out ‘‘third party’’ in the first quoted matter therein and inserting in lieu thereof ‘‘third-party’’.

(7) Section 931(c)(1) (107 Stat. 1734) is amended by inserting close quotation marks before the period at the end.

(8) Section 931(f) (107 Stat. 1734) is amended—

(A) by striking out ‘‘Public Law 101–180’’ in paragraphs

(1) and (2) and inserting in lieu thereof ‘‘Public Law 100–

180’’; and

(B) by inserting ‘‘1305(b)’’ in paragraph (3) after ‘‘Such

section’’.

(9) Section 1001(a) (107 Stat. 1742) is amended by adding

close quotation marks and a period at the end.

(10) Section 1314(3) (107 Stat. 1786) is amended by striking

out ‘‘adding at the end’’ and inserting in lieu thereof ‘‘inserting

after subsection (f)’’.

(11) Section 1333(e)(4)(B)(i) (107 Stat. 1799) is amended

by inserting a close parenthesis before the semicolon.

(12) Section 2854(1) (107 Stat. 1908) is amended by striking

out ‘‘the’’ in the second quoted matter therein.

(13) Section 2902(a)(2) (107 Stat. 1911) is amended by

striking out ‘‘Section 204(b)(7)(A)(ii)’’ and inserting in lieu

thereof ‘‘Subparagraph (A)(i) of section 204(b)(7)’’.

(14) Section 2912(b)(2) (107 Stat. 1925) is amended by

striking out ‘‘section 637(d)(1)’’ and inserting in lieu thereof

‘‘section 8(d)(1)’’.

(15) Section 2926(d) (107 Stat. 1932) is amended by striking

out ‘‘Subsection (d)(1)(2)(C)(iii)’’ and inserting in lieu thereof

‘‘Subsection (d)(2)(C)(iii)’’.

(16) Section 3159(a) (107 Stat. 1956) is amended—

(A) in paragraph (1), by inserting a close parenthesis

after ‘‘(15 U.S.C. 637(d)’’; and

(B) in paragraph (3)—

(i) by inserting a close parenthesis after ‘‘(20 U.S.C.

1135d–5(3))’’; and

(ii) by inserting a close parenthesis after ‘‘(20

U.S.C. 1059c(b)(1))’’.

(c) PUBLIC LAW 102–484.—Effective as of October 23, 1992,

and as if included therein as enacted, the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–484) is

amended as follows:

(1) Section 1505(e)(2) (22 U.S.C. 5859a(e)(2) is amended

by striking out ‘‘and under subsection (d)(4)’’.

(2) Section 3161 (42 U.S.C. 7274h; 106 Stat. 2644) is

amended—

(A) by striking out ‘‘work force’’ each place it appears

in subsections (a), (c), and (d) and inserting in lieu thereof

‘‘workforce’’;

(B) by striking out ‘‘WORK FORCE’’ in the heading and

inserting in lieu thereof ‘‘WORKFORCE’’; and

(C) by striking out ‘‘Part D’’ in subsection (c)(6)(B)

and inserting in lieu thereof ‘‘division D’’.
S. 2182—196

(3) Section 3302 (106 Stat. 2649) is amended by striking

out ‘‘Bauxite, Refactory’’ in the table in subsection (a) and

inserting in lieu thereof ‘‘Bauxite, Refractory’’.

(4) Section 3315 (106 Stat. 2654) is amended by inserting

‘‘of 1950’’ after ‘‘Defense Production Act’’ the first place it

appears.

(d) OTHER LAWS.—

(1) Section 921 of Public Law 102–190 (10 U.S.C. 201

note; 105 Stat. 1452) is amended by striking out ‘‘section

136(b)(3)’’ in subsection (a) and inserting in lieu thereof ‘‘section

138(b)(3)’’.

(2) Section 2903(c)(6) of Public Law 101–510 (10 U.S.C.

2687 note) is amended by striking out ‘‘House or Representatives’’ and inserting in lieu thereof ‘‘House of Representatives’’.

(3) Section 653(b)(2) of Public Law 100–456 (10 U.S.C.

1448 note) is amended by striking out ‘‘section 411(a)’’ and

inserting in lieu thereof ‘‘section 1311(a)’’.

(4) Section 4(c) of Public Law 92–425 (10 U.S.C. 1448

note) is amended by striking out ‘‘section 3112’’ and ‘‘section

541(b)’’ and inserting in lieu thereof ‘‘section 5312’’ and ‘‘section

1541(b)’’, respectively.

(5) Section 709 of title 32, United States Code, is amended—

(A) in subsection (e)(6), by striking out ‘‘thirty days

prior to’’ and inserting in lieu thereof ‘‘30 days before’’;

and

(B) in subsection (g)(2), by striking out ‘‘clause (1)

of this subsection’’ and inserting in lieu thereof ‘‘paragraph

(1)’’.

(6) Section 908(c) of title 37, United States Code, is amended by striking out ‘‘section 1058’’ and inserting in lieu thereof

‘‘section 1060’’.

(7) Section 182(a) of Public Law 103–236 (108 Stat. 418)

is amended by striking out ‘‘section 1058, title 10, United

States Code, before the date of enactment of this Act,’’ and

inserting in lieu thereof ‘‘section 1060 of title 10, United States

Code, before April 30, 1994,’’.

(8) Subchapter II of chapter 81 of title 5, United States

Code, is amended as follows:

(A) Section 8171 is amended—

(i) in subsection (a)—

(I) by striking out ‘‘Chapter 18 of title 33’’

in the first sentence and inserting in lieu thereof

‘‘The Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.)’’;

(II) by striking out ‘‘section 902(2) of title 33’’

in the first sentence and inserting in lieu thereof

‘‘section 2(2) of such Act (33 U.S.C. 902(2))’’; and

(III) by striking out ‘‘section 903(a) of title

33 which follows the first comma’’ in the second

sentence and inserting in lieu thereof ‘‘section 3(a)

of such Act (33 U.S.C. 903(3)) which follows the

second comma’’;

(ii) in subsection (b), by striking out ‘‘section 902(4)

of title 33’’ and inserting in lieu thereof ‘‘section 2(4)

of the Longshore and Harbor Workers’ Compensation

Act (33 U.S.C. 902(4))’’;
S. 2182—197

(iii) in subsection (c)(1), by striking out ‘‘section 939(b) of title 33’’ and inserting in lieu thereof ‘‘39(b)

of the Longshore and Harbor Workers’ Compensation

Act (33 U.S.C. 939(b))’’; and

(iv) in subsection (d), by striking out ‘‘sections 918 and 921 of title 33’’ and inserting in lieu thereof ‘‘sections 18 and 21 of the Longshore and Harbor Workers’

Compensation Act (33 U.S.C. 18 and 21, respectively)’’.

(B) Sections 8172 and 8173 are amended by striking out ‘‘section 902(2) of title 33’’ and inserting in lieu thereof

‘‘section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))’’. (e) REFERENCES IN TITLE 10 TO SECTIONS OF TITLE 38.—Title

10, United States Code, is amended as follows:

(1) Section 706(c) is amended by striking out ‘‘section 4321’’ and inserting in lieu thereof ‘‘section 4301’’. (2) Section 708(c)(2) is amended by striking out ‘‘section 1421’’ and inserting in lieu thereof ‘‘section 3021’’. (3) Section 1450 is amended by striking out ‘‘section 411(a)’’ in subsections (c) and (k)(1) and inserting in lieu thereof ‘‘section 1311(a)’’.

(4) Section 1451(c)(2) is amended by striking out ‘‘section 411(a)’’ and inserting in lieu thereof ‘‘section 1311(a)’’. (5) Section 1457(c)(3) is amended by striking out ‘‘section 411’’ and inserting in lieu thereof ‘‘section 1311’’. (6) Section 2006(b)(2) is amended by striking out ‘‘section 1415(c)’’, ‘‘section 1411’’, and ‘‘section 1421(b)’’ and inserting

in lieu thereof ‘‘section 3015(d)’’, ‘‘section 3011’’, and ‘‘section

3021(b)’’, respectively. (7) Section 2184(1) is amended by striking out ‘‘section 1724’’ and inserting in lieu thereof ‘‘section 3524’’. (8) Section 2641(c) is amended by striking out ‘‘section 5011(g)(5)’’ and inserting in lieu thereof ‘‘section 8111(g)(5)’’. (9) Section 2679(a) is amended by striking out ‘‘section 3402’’ and inserting in lieu thereof ‘‘section 5902’’.

(f) CLARIFICATION OF APPLICABILITY OF LIMITATION RELATING

TO CONTRACTED ADVISORY AND ASSISTANCE SERVICES.—Section

2399 of title 10, United States Code, is amended in subsection

(e)(3)(B) by striking out ‘‘solely as a representative of’’ and inserting

in lieu thereof ‘‘solely in testing for’’. (g) PROCUREMENT OF AERONAUTICAL SUPPLIES FOR EXPERI- MENTAL PURPOSES.—Section 2373(a) of title 10, United States Code,

is amended by striking out ‘‘and chemical activity supplies,’’ and

inserting in lieu thereof ‘‘chemical activity, and aeronautical supplies,’’.

(h) COORDINATION WITH OTHER PROVISIONS OF THIS ACT.—

For purposes of applying amendments made by provisions of this

Act other than this section, this section shall be treated as having

been enacted immediately before the other provisions of this Act.

SEC. 1071. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS FOR

TRANSPORTATION SERVICES.

Paragraph (1) of section 2572(b) of title 10, United States

Code, is amended by inserting ‘‘transportation,’’ after ‘‘salvage,’’.

SEC. 1072. AIR NATIONAL GUARD FIGHTER AIRCRAFT FORCE STRUCTURE.

(a) FINDINGS.—Congress makes the following findings:
S. 2182—198

(1) The reduction in the total number of Air Force general

purpose fighter wings being implemented as part of the changes

in the force structure of the Air Force pursuant to the proposals

in the report on the Bottom Up Review conducted by the

Secretary of Defense during 1993 includes reduction in the

number of Air National Guard and Air Force Reserve fighter

wings from 10 to 7.

(2) The plan (as of the date of the enactment of this

Act) for implementing that reduction in the number of Air

National Guard and Air Force Reserve fighter wings is to

reduce the number of fighter aircraft designated as being in

the Primary Aircraft Inventory category that are authorized

for each Air National Guard fighter unit from 24 or 18 aircraft

to 15 aircraft and to convert some Air National Guard fighter

units to other purposes.

(3) The Commission on Roles and Missions of the Armed

Forces (established by section 952 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160;

10 U.S.C. 111 note; 107 Stat. 1738)) is required under section

954(b) of that Act to submit to Congress a report on possible

changes to existing allocations among the Armed Forces of

military roles, missions, and functions.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the number of Air National Guard Combat Readiness

Training Centers in operation during fiscal year 1995 should

not be less than the number of such centers in operation at

the end of fiscal year 1994; and

(2) the report referred to in subsection (a)(3) should contain

a review of, and recommendations on, the assignment of roles

and missions to units of the Air National Guard and the Air

Force Reserve in relation to active component units that are

the counterparts to those units and on requirements for

resources for training of those units.

(c) REQUIREMENT.—(1) After receiving the report referred to

in subsection (a)(3), the Secretary of Defense shall review the findings of the Commission set forth in that report on the role and

requirements for general purpose fighter units of the Air National

Guard.

(2) Not later than 30 days after receiving the report, the Secretary shall submit to Congress a report on the appropriate level

of aircraft authorized in the Primary Aircraft Inventory of the

Air Force for general purpose fighter units of the Air National

Guard. The report shall include the plans of the Secretary for

providing in a timely manner the funding levels necessary to support the level of such aircraft determined appropriate by the Secretary, if additional funding would be required to achieve and

maintain that level of such aircraft.

SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL

OFFICIALS OF TAIWAN.

It is the sense of Congress that no visa should be denied

for a high-level official of Taiwan to enter the United States unless

the official is otherwise excludable under the immigration laws

of the United States.
S. 2182—199

SEC. 1074. DEFENSE MAPPING AGENCY.

(a) UNAUTHORIZED USE OF NAME.—Chapter 167 of title 10,

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

new section:

‘‘§ 2797. Unauthorized use of Defense Mapping Agency name,

initials, or seal

‘‘(a) No person may, except with the written permission of

the Secretary of Defense, knowingly use the words ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of the Defense Mapping

Agency, or any colorable imitation of such words, initials, or seal

in connection with any merchandise, retail product, impersonation,

solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved,

endorsed, or authorized by the Secretary of Defense.

‘‘(b) Whenever it appears to the Attorney General that any

person is engaged or about to engage in an act or practice which

constitutes or will constitute conduct prohibited by subsection (a),

the Attorney General may initiate a civil proceeding in a district

court of the United States to enjoin such act or practice. Such

court shall proceed as soon as practicable to hearing and determination of such action and may, at any time before such final determination, enter such restraining orders or prohibitions, or take

such other action as is warranted, to prevent injury to the United

States or to any person or class of persons for whose protection

the action is brought.’’.

(b) LIMITATION ON LIABILITY RELATING TO NAVIGATIONAL

AIDS.—Chapter 167 of such title, as amended by subsection (a),

is further amended by adding at the end the following new section:

‘‘§ 2798. Civil actions barred

‘‘(a) CLAIMS BARRED.—No civil action may be brought against

the United States on the basis of the content of a navigational

aid prepared or disseminated by the Defense Mapping Agency.

‘‘(b) NAVIGATIONAL AIDS COVERED.—Subsection (a) applies with

respect to a navigational aid in the form of a map, a chart, or

a publication and any other form or medium of product or information in which the Defense Mapping Agency prepares or disseminates

navigational aids.’’.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2797. Unauthorized use of Defense Mapping Agency name, initials, or seal.

‘‘2798. Civil actions barred.’’.

(d) EFFECTIVE DATE.—Section 2798 of title 10, United States

Code, as added by subsection (b), shall take effect on the date

of the enactment of this Act and shall apply with respect to (1)

civil actions brought before such date that are pending adjudication

on such date, and (2) civil actions brought on or after such date.

SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS REQUIREMENTS

(a) LIMITATION.—No funds available to the Department of

Defense or any other Executive agency may be expended to provide

for meeting Department of Defense telecommunications requirements through the telecommunications procurement known as
S. 2182—200

‘‘FTS–2000’’ or through any other Government-wide telecommunications procurement until—

(1) the Secretary of Defense submits to the Congress a

report containing—

(A) a certification by the Secretary that the FTS–2000

procurement or the other telecommunications procurement

will provide assured, secure telecommunications support

(including associated telecommunications services) for

Department of Defense activities; and

(B) a description of how the procurement will be implemented and managed to meet defense information infrastructure requirements, including requirements to support

deployed forces and intelligence activities; and

(2) 30 days elapse after the date on which such report

is received by the committees.

(b) DEFINITIONS.—In this section:

(1) The term ‘‘defense telecommunications requirements’’

means requirements for telecommunications equipment and

services that, if procured by the Department of Defense, would

be exempt from the requirements of section 111 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

759) pursuant to section 2315 of title 10, United States Code.

(2) The term ‘‘Executive agency’’ has the meaning given

such term in section 105 of title 5, United States Code.

(3) The term ‘‘procurement’’ has the meaning given such

term in section 4 of the Office of Federal Procurement Policy

Act (41 U.S.C. 403).

(c) EFFECT ON OTHER LAW.—Nothing in this section may be

construed as modifying or superseding, or as intended to impair

or restrict authorities or responsibilities under—

(1) section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759); or

(2) section 620 of Public Law 103–123.

TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

SEC. 1101. SHORT TITLE.

This title may be cited as the ‘‘Defense Conversion, Reinvestment, and Transition Assistance Amendments of 1994’’.

SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND

TRANSITION ASSISTANCE PROGRAMS FOR FISCAL YEAR

1995.

(a) FUNDING.—Of the amounts authorized to be appropriated

pursuant to this Act for the Department of Defense for fiscal year

1995, the sum of $3,090,808,000 shall be available from the sources

specified in subsection (b) for defense conversion, reinvestment,

and transition assistance programs.

(b) SOURCES OF FUNDS.—The amount set forth in subsection

(a) shall be derived from the following sources in amounts as

follows:

(1) $7,500,000 of the amounts authorized to be appropriated

pursuant to title I.
S. 2182—201

(2) $2,190,408,000 of the amounts authorized to be appropriated pursuant to title II. (3) $892,900,000 of the amounts authorized to be appropriated pursuant to title III.

(c) DEFINITION.—For purposes of this section, the term ‘‘defense

conversion, reinvestment, and transition assistance programs’’

includes the following programs and activities of the Department

of Defense:

(1) The programs and activities authorized by the Defense

Conversion, Reinvestment, and Transition Assistance Act of

1992 (division D of Public Law 102–484; 106 Stat. 2658) and

the amendments made by that Act.

(2) The programs and activities authorized by the Defense

Conversion, Reinvestment, and Transition Assistance Amendments of 1993 (title XIII of Public Law 103–160; 107 Stat.

1783) and the amendments made by that Act.

(3) The programs and activities authorized by this title

and the amendments made by this title.

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

Defense Conversion

SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVESTMENT PROGRAMS FOR FISCAL YEAR 1995.

(a) FUNDS AVAILABLE.—Of the amount authorized to be appropriated under section 201 and specified in section 1102(b)(2) as

a source of funds for defense conversion, reinvestment, and transition assistance programs, $751,000,000 shall be available for activities described in the defense reinvestment program elements of

the budget of the Department of Defense for fiscal year 1995.

(b) ALLOCATION OF FUNDS.—The funds made available under

subsection (a) shall be allocated as follows:

(1) $245,000,000 shall be available for defense dual-use

critical technology partnerships under section 2511 of title 10,

United States Code.

(2) $96,000,000 shall be available for commercial-military

integration partnerships under section 2512 of such title.

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

regional technology alliances under section 2513 of such title.

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

manufacturing technology partnerships under section 2522 of

such title.

(5) $25,000,000 shall be available for assistance of manufacturing extension programs under section 2523 of such title.

(6) $24,000,000 shall be available for defense manufacturing engineering education grants under section 2196 of such

title.

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

2198 of such title to United States institutions of higher education and other United States not-for-profit organizations to

support the management training program in Japanese language and culture.

(8) $50,000,000 shall be available for the maritime technology development program under section 1352(c)(2) of the
S. 2182—202

National Shipbuilding and Shipyard Conversion Act of 1993

(subtitle D of title XIII of Public Law 103–160; 10 U.S.C.

2501 note).

(9) $35,000,000 shall be available for the agile manufacturing/enterprise integration program.

(10) $30,000,000 shall be available for the advanced materials synthesis and processing partnership program.

(11) $55,000,000 shall be available for the defense dualuse extension program under section 2524 of title 10, United

States Code, of which—

(A) $5,000,000 shall be used for provision of assistance

pursuant to subsection (c)(3) of such section; and

(B) $50,000,000 shall be available to cover the costs

(as defined in section 502(5) of the Federal Credit Reform

Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued

pursuant to subsection (b)(3) of such section.

(12) $10,000,000 shall be available for the Federal Defense

Laboratory Diversification Program under section 2519 of title

10, United States Code, as added by section 1113(a).

(13) $50,000,000 shall be available for the Navy Reinvestment Program under section 2520 of such title, as added by

section 1113(b).

(c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994 TECHNOLOGY

REINVESTMENT PROJECTS.—Funds allocated under paragraphs (1)

through (6) of subsection (b) to the defense reinvestment programs

described in such paragraphs may also be used to make awards

for technology reinvestment projects that were solicited under such

programs in fiscal year 1994.

SEC. 1112. SUPPORT FOR TECHNOLOGIES WITH APPLICABILITY FOR

LAW ENFORCEMENT AND MILITARY OPERATIONS OTHER

THAN WAR.

(a) SUPPORT AUTHORIZED.—Using funds made available under subsection (b), the Secretary of Defense shall support the Memorandum of Understanding entered into between the Department of

Defense and the Department of Justice on April 20, 1994, for

the development, rapid deployment, and transition of technologies

with applicability for law enforcement and military operations other

than war. Such support may include support for national law

enforcement technology centers of the National Institute of Justice. (b) FUNDING FOR FISCAL YEAR 1995.—To carry out subsection (a), there shall be available to the Secretary $41,000,000, of which— (1) $11,000,000 shall be derived from the amount authorized to be appropriated under section 201 and specified in

section 1102(b) as a source of funds for defense conversion,

reinvestment, and transition assistance programs; and

(2) $30,000,000 shall be derived from the amount authorized to be appropriated under section 201(4) for the tactical

technology and experimental evaluation of major innovative

technology programs elements of the budget of the Department

of Defense for fiscal year 1995.

SEC. 1113. FEDERAL DEFENSE LABORATORY DIVERSIFICATION AND

NAVY REINVESTMENT IN THE TECHNOLOGY AND INDUSTRIAL BASE.

(a) FEDERAL DEFENSE LABORATORY DIVERSIFICATION PROGRAM.—Subchapter III of chapter 148 of title 10, United States
S. 2182—203

Code, is amended by inserting at the end thereof the following

new section:

‘‘§ 2519. Federal Defense Laboratory Diversification Program

‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense

shall conduct a program in accordance with this section for the

purpose of promoting cooperation between Department of Defense

laboratories and industry on research and development of dualuse technologies in order to further the national security objectives

set forth in section 2501(a) of this title.

‘‘(b) PARTNERSHIPS.—(1) The Secretary shall provide for the

establishment under the program of cooperative arrangements

(hereinafter in this section referred to as ‘partnerships’) between

a Department of Defense laboratory and eligible firms and nonprofit

research corporations referred to in section 2511(b) of this title.

A partnership may also include one or more additional Federal

laboratories, institutions of higher education, agencies of State and

local governments, and other entities, as determined appropriate

by the Secretary.

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

and development center shall be considered a Department of

Defense laboratory if the center is sponsored by the Department

of Defense.

‘‘(c) ASSISTANCE AUTHORIZED.—(1) The Secretary may make

grants, enter into contracts, enter into cooperative agreements and

other transactions pursuant to section 2371 of this title, and enter

into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980

(15 U.S.C. 3710a) in order to establish partnerships.

‘‘(2) Subject to subsection (d), the Secretary may provide a

partnership with technical and other assistance in order to facilitate

the achievement of the purpose of this section.

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

PARTICIPANTS.—(1) The Secretary shall ensure that the non-Federal

Government participants in a partnership make a substantial contribution to the total cost of partnership activities. The amount

of the contribution shall be commensurate with the risk undertaken

by such participants and the potential benefits of the activities

for such participants.

‘‘(2) The regulations prescribed pursuant to section 2511(c)(2)

of this title shall apply to in-kind contributions made by nonFederal Government participants in a partnership.

‘‘(e) SELECTION PROCESS.—Competitive procedures shall be used

in the establishment of partnerships.

‘‘(f) SELECTION CRITERIA.—The criteria for the selection of a

proposed partnership for establishment under this section shall

include the criteria set forth in section 2511(f) of this title.

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

for the purposes of this section.’’.

(b) NAVY REINVESTMENT PROGRAM.—Such subchapter is further

amended by inserting after section 2519 (as added by subsection

(a)) the following new section:

‘‘§ 2520. Navy Reinvestment Program

‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of the Navy

shall conduct a program in accordance with this section for the

purpose of promoting cooperation between the Department of the
S. 2182—204

Navy and industry on research and development of dual-use technologies in order to further the national security objectives set

forth in section 2501(a) of this title.

‘‘(b) PARTNERSHIPS.—The Secretary shall provide for the

establishment under the program of cooperative arrangements

(hereinafter in this section referred to as ‘partnerships’) between

Department of the Navy entities and eligible firms and nonprofit

research corporations referred to in section 2511(b) of this title.

A partnership may also include one or more Federal laboratories,

institutions of higher education, agencies of State and local governments, and other entities, as determined appropriate by the Secretary.

‘‘(c) PROGRAM REQUIREMENTS AND ADMINISTRATION.—Subsections (c) through (f) of section 2519 of this title shall apply

in the administration of the program.

‘‘(d) ADDITIONAL SELECTION CRITERIA.—The selection criteria

for a proposed partnership for establishment under this section

shall also include the potential effectiveness of the partnership

in the further development and application of each technology proposed to be developed by the partnership for Navy acquisition

programs.

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

for the purposes of this section.’’.

(c) CLERICAL AMENDMENTS.—The table of sections at the beginning of such subchapter is amended by adding at the end the

following:

‘‘2519. Federal Defense Laboratory Diversification Program.

‘‘2520. Navy Reinvestment Program.’’.

(d) DEFINITION OF FEDERAL LABORATORY.—Section 2491(5) of

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

period at the end the following: ‘‘, except that such terms include

a federally funded research and development center sponsored by

a Federal agency’’.

SEC. 1114. LOAN GUARANTEES UNDER DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.

(a) MEMORANDUM OF UNDERSTANDING TO ADMINISTER LOAN

GUARANTEE PROGRAM.—(1) For fiscal year 1995, the Secretary of

Defense may enter into a memorandum of understanding with

the Administrator of the Small Business Administration, the

Administrator of the Economic Development Administration of the

Department of Commerce, or the head of any other Federal agency

having expertise regarding the provision of loan guarantees, under

which such agency may—

(A) process applications for loan guarantees under section

2524(b)(3) of title 10, United States Code, during that fiscal

year;

(B) guarantee repayment of the resulting loans; and

(C) provide any other services to the Secretary to administer the loan guarantee program under such section during

that fiscal year.

(2) From funds made available for the loan guarantee program

under such section, the Secretary of Defense may transfer to the

agency or agencies that are parties to the memorandum of understanding such sums as may be necessary for the agency or agencies

to carry out activities under the loan guarantee program.
S. 2182—205

(3) The Secretary of Defense shall enter into the memorandum

of understanding authorized by paragraph (1) within 60 days after

the date of the enactment of this Act for the administration of

the loan guarantee program under such section during fiscal year

1995.

(4) The total amount allocated under section 1111(b)(11)(B)

to cover the costs of loan guarantees during fiscal year 1995 under

the loan guarantee program shall be divided between small business

concerns and medium-sized business concerns (as defined in section

2524(g) of title 10, United States Code) as follows:

(A) 60 percent for small business concerns.

(B) 40 percent for medium-sized business concerns.

(b) SPECIAL REQUIREMENTS REGARDING LOAN GUARANTEES.—

Subsection (e) of section 2524 of title 10, United States Code,

is amended to read as follows:

‘‘(e) SPECIAL REQUIREMENTS REGARDING LOAN GUARANTEES.—

(1) The Secretary shall carry out the loan guarantee program

authorized under subsection (b)(3) during any fiscal year for which

funds are specifically made available to cover the costs of loan

guarantees to be issued pursuant to such subsection.

‘‘(2) In addition to the selection criteria specified in subsection

(f), the selection criteria in the case of the loan guarantee program

under subsection (b)(3) shall also include the following:

‘‘(A) The extent to which the loans to be guaranteed would

support the retention of defense workers whose employment

would otherwise be permanently or temporarily terminated as

a result of reductions in expenditures by the United States

for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon

system, the merger or consolidation of the operations of a

defense contractor, or the closure or realignment of a military

installation.

‘‘(B) The extent to which the loans to be guaranteed would

stimulate job creation and new economic activities in communities most adversely affected by reductions in expenditures

by the United States for defense, the termination or cancellation

of a defense contract, the failure to proceed with an approved

major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment

of a military installation. ‘‘(C) The extent to which the loans to be guaranteed would be used to acquire (or permit the use of other funds to acquire)

capital equipment to modernize or expand the facilities of the

borrower to enable the borrower to remain in the national

technology and industrial base available to the Department

of Defense.

‘‘(3) To be eligible for a loan guarantee under subsection (b)(3),

a borrower must be able to demonstrate to the satisfaction of

the Secretary that at least 25 percent of the value of the borrower’s

sales during the preceding fiscal year were derived from—

‘‘(A) contracts with the Department of Defense or the

defense-related activities of the Department of Energy; or

‘‘(B) subcontracts in support of defense-related prime contracts.

‘‘(4) The maximum amount of loan principal that the Secretary

may guarantee under the loan guarantee program during a fiscal

year may not exceed—
S. 2182—206

‘‘(A) $1,250,000, with respect to a small business concern;

and

‘‘(B) $10,000,000 with respect to a medium-sized business

concern.’’.

(c) CONFORMING AMENDMENT.—Subsection (f) of such section

is amended by striking out ‘‘SELECTION CRITERIA.—’’ and inserting

in lieu thereof the following: ‘‘SELECTION PROCESS AND CRITERIA.—

Competitive procedures shall be used in the selection of programs

to receive assistance under this section.’’.

SEC. 1115. FINANCIAL COMMITMENT REQUIREMENTS FOR SMALL

BUSINESS CONCERNS FOR PARTICIPATION IN TECHNOLOGY REINVESTMENT PROJECTS.

(a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY PARTNERSHIPS.—Section 2511(c) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) The Secretary shall consider a partnership proposal submitted by a small business concern without regard to the ability

of the small business concern to immediately meet its share of

the anticipated partnership costs. Upon the selection of a partnership proposal submitted by a small business concern, the small

business concern shall have a period of not less than 120 days

in which to arrange to meet its financial commitment requirements

under the partnership from sources other than a person of a foreign

country. If the Secretary determines upon the expiration of that

period that the small business concern will be unable to meet

its share of the anticipated partnership costs, the Secretary shall

revoke the selection of the partnership proposal submitted by the

small business concern.’’.

(b) COMMERCIAL-MILITARY INTEGRATION PARTNERSHIPS.—Section 2512(c)(3) of such title is amended by adding at the end

the following new subparagraph: ‘‘(C) The Secretary shall consider a partnership proposal

submitted by a small business concern without regard to the ability

of the small business concern to immediately meet its share of

the anticipated partnership costs. Upon the selection of a partnership proposal submitted by a small business concern, the small

business concern shall have a period of not less than 120 days

in which to arrange to meet its financial commitment requirements

under the partnership from sources other than a person of a foreign

country. If the Secretary determines upon the expiration of that

period that the small business concern will be unable to meet

its share of the anticipated partnership costs, the Secretary shall

revoke the selection of the partnership proposal submitted by the

small business concern.’’.

(c) REGIONAL TECHNOLOGY ALLIANCES.—Section 2513(e) of such

title is amended by adding at the end the following new paragraph:

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

technology alliance that is submitted by a small business concern

without regard to the ability of the small business concern to

immediately meet its share of the anticipated costs of the alliance.

Upon the selection of a proposal submitted by a small business

concern, the small business concern shall have a period of not

less than 120 days in which to arrange to meet its financial commitment requirements under the regional technology alliance from

sources other than a person of a foreign country. If the Secretary

determines upon the expiration of that period that the small busi-
S. 2182—207

ness concern will be unable to meet its share of the anticipated

costs, the Secretary shall revoke the selection of the proposal

submitted by the small business concern.’’.

(d) DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAMS.—

Section 2524(d) of such title is amended by adding at the end

the following new paragraph:

‘‘(3) The Secretary shall consider a program proposal submitted

by a small business concern without regard to the ability of the

small business concern to immediately meet its share of the anticipated program costs. Upon the selection of a proposal submitted

by a small business concern, the small business concern shall have

a period of not less than 120 days in which to arrange to meet

its financial commitment requirements under the program from

sources other than a person of a foreign country. If the Secretary

determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated

program costs, the Secretary shall revoke the selection of the program proposal submitted by the small business concern.’’.

(e) DEFINITION OF PERSON OF A FOREIGN COUNTRY.—Section

2491 of such title is amended by adding at the end the following

new paragraph:

‘‘(16) The term ‘person of a foreign country’ has the meaning

given such term in section 3502(d) of the Primary Dealers

Act of 1988 (22 U.S.C. 5342(d)).’’.

SEC. 1116. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY

REINVESTMENT PROJECTS.

(a) BENEFITS TO UNITED STATES ECONOMY.—In providing for

the establishment or financial support of partnerships and other

cooperative arrangements under chapter 148 of title 10, United

States Code (using funds made available under section 1111(a)),

the Secretary of Defense shall ensure that the principal economic

benefits of, and to the extent practicable, the job creation resulting

from, such partnerships and arrangements accrue to the economy

of the United States.

(b) USE OF COMPETITIVE SELECTION PROCEDURES.—Funds made

available under subsection (a) of section 1111 for the defense technology reinvestment programs described in subsection (b) of such

section, and funds made available under subsection (b) of section

1112 for the program described in subsection (a) of such section,

shall only be provided to projects selected using competitive procedures pursuant to a solicitation incorporating cost-sharing requirements for the non-Federal Government participants in the projects.

SEC. 1117. USE OF CERTAIN FUNDS PENDING SUBMISSION OF A

NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PERIODIC DEFENSE CAPABILITY ASSESSMENT AND A PERIODIC DEFENSE CAPABILITY PLAN.

(a) LIMITATION.—Not more than 50 percent of the funds made

available for program element 65104D activities from funds authorized to be appropriated by this Act may be expended until the

Secretary of Defense submits to Congress—

(1) a national technology and industrial base periodic

defense capability assessment required by section 2505 of title

10, United States Code; and

(2) a periodic defense capability plan required by section

2506 of such title.
S. 2182—208

(b) PROGRAM ELEMENT 65104D ACTIVITIES DEFINED.—For purposes of this section, the program element 65104D activities referred

to in subsection (a) are the activities described as program element

65104D in the materials submitted to Congress by the Secretary

of Defense in support of the budget for fiscal year 1995 that was

submitted to Congress pursuant to section 1105(a) of title 31, United

States Code.

SEC. 1118. DOCUMENTATION FOR AWARDS FOR COOPERATIVE AGREEMENTS OR OTHER TRANSACTIONS UNDER DEFENSE

TECHNOLOGY REINVESTMENT PROGRAMS.

At the time of the award for a cooperative agreement or other

transaction under a program carried out under chapter 148 of

title 10, United States Code, the head of the agency concerned

shall include in the file pertaining to such agreement or transaction

a brief explanation of the manner in which the award advances

and enhances a particular national security objective set forth in

section 2501(a) of such title or a particular policy objective set

forth in section 2501(b) of such title.

SEC. 1119. COMPTROLLER GENERAL ASSESSMENT OF EXTENT TO

WHICH TECHNOLOGY AND INDUSTRIAL BASE PROGRAMS

ATTAIN POLICY OBJECTIVES.

Not later than 180 days after the date of the enactment of

this Act, the Comptroller General of the United States shall submit

to Congress an assessment of the extent to which awards for

cooperative agreements and other transactions under programs carried out under chapter 148 of title 10, United States Code, have

been made specifically to advance and enhance a particular national

security objective set forth in section 2501(a) of such title or to

achieve a particular policy objective set forth in section 2501(b)

of such title.

Subtitle B—Community Adjustment and

Assistance Programs

SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS FROM

OFFICE OF ECONOMIC ADJUSTMENT.

Of the amount made available pursuant to section 1102(a),

$54,127,000 shall be available to provide community adjustment

and economic diversification assistance under section 2391(b) of

title 10, United States Code.

SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICATION.

(a) FORM OF COMMUNITY ADJUSTMENT AND ECONOMIC DIVERSIFICATION.—Section 2391(d) of title 10, United States Code, is

amended by adding at the end the following new paragraph:

‘‘(3) The terms ‘community adjustment’ and ‘economic diversification’ include the development of feasibility studies and

business plans for market diversification within a community

adversely affected by an action described in clause (A), (B),

(C), or (E) of subsection (b)(1) by adversely affected businesses

and labor organizations located in the community.’’.

(b) FUNDING FOR FISCAL YEAR 1995.—Of the amount made

available under section 1121, up to $10,000,000 shall be available
S. 2182—209

to provide community adjustment and economic diversification

assistance under section 2391(b) of title 10, United States Code,

for the purpose of developing feasibility studies and business plans.

The amount of such funds provided for such purpose with respect

to any adversely affected community may not exceed $100,000.

SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECONOMIC

DIVERSIFICATION PLANNING.

(a) ASSISTANCE AUTHORIZED.—Section 2391(b) of title 10,

United States Code, is amended—

(1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and

(2) by inserting after paragraph (4) the following new paragraph:

‘‘(5) The Secretary of Defense may also make grants, conclude

cooperative agreements, and supplement other Federal funds in

order to assist a State or local government in planning community

adjustments and economic diversification even though the State

or local government is not currently eligible for assistance under

paragraph (1) if the Secretary determines that a substantial portion

of the economic activity or population of the geographic area to

be subject to the advance planning is dependent on defense expenditures.’’.

(b) CONFORMING AMENDMENTS.—Paragraph (8) of such section,

as redesignated by subsection (a)(1), is amended by striking out

‘‘paragraph (6)’’ both places it appears and inserting in lieu thereof

‘‘paragraph (7)’’.

(c) FUNDING FOR FISCAL YEAR 1995.—Of the amount made

available under section 1121, up to $5,000,000 shall be available

to assist advance planning of community adjustments and economic

diversification under paragraph (5) of section 2391(b) of title 10,

United States Code, as added by subsection (a)(2).

Subtitle C—Personnel Adjustment,

Education, and Training Programs

SEC. 1131. TEACHER AND TEACHER’S AIDE PLACEMENT PROGRAMS.

(a) PERIOD OF ELIGIBILITY.—Subsection (c) of section 1151 of

title 10, United States Code, is amended—

(1) in paragraph (1)(A), by striking out ‘‘seven-year period

beginning on October 1, 1992,’’ and inserting in lieu thereof

‘‘nine-year period beginning on October 1, 1990,’’; and (2) by striking out paragraph (4).

(b) APPLICATION PERIOD.—Subsection (e)(1) of such section is

amended to read as follows:

‘‘(e) SELECTION OF PARTICIPANTS.—(1) Selection of members

to participate in the placement program authorized by subsection

(a) shall be made on the basis of applications submitted to the

Secretary of Defense on a timely basis. An application shall be

in such form and contain such information as the Secretary may

require. An application shall be considered to be submitted on

a timely basis if the application is submitted as follows:

‘‘(A) Except as provided in subparagraphs (B) and (C),

not later than one year after the date of the discharge or

release of the applicant from active duty.
S. 2182—210

‘‘(B) In the case of an applicant discharged or released

from active duty before January 19, 1994, not later than one

year after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1995.

‘‘(C) In the case of an applicant becoming educationally

qualified for teacher placement assistance in accordance with

subsection (c)(2) after the date of the discharge or release

of the applicant from active duty, not later than one year

after the date on which the applicant becomes educationally

qualified.’’.

(c) FUNDING FOR FISCAL YEAR 1995.—Of the amount made

available pursuant to section 1102(a), $65,000,000 shall be available

for the teacher and teacher’s aide placement programs authorized

by sections 1151, 1598, and 2410j of title 10, United States Code.

SEC. 1132. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN EMPLOYMENT WITH LAW ENFORCEMENT AGENCIES.

(a) REVISED PROGRAM AUTHORITY.—(1) Section 1152 of title

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

‘‘§ 1152. Assistance to eligible members and former members

to obtain employment with law enforcement

agencies

‘‘(a) PLACEMENT PROGRAM.—The Secretary of Defense may

enter into an agreement with the Attorney General to establish

or participate in a program to assist eligible members and former

members of the armed forces to obtain employment as law enforcement officers with eligible law enforcement agencies following the

discharge or release of such members or former members from

active duty. Eligible law enforcement agencies shall consist of State

law enforcement agencies, local law enforcement agencies, and

Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior). ‘‘(b) ELIGIBLE MEMBERS.—Any individual who, during the 6-

year period beginning on October 1, 1993, is a member of the

armed forces and is separated with an honorable discharge or

is released from service on active duty characterized as honorable

by the Secretary concerned shall be eligible to participate in a

program covered by an agreement referred to in subsection (a). ‘‘(c) SELECTION.—In the selection of applicants for participation

in a program covered by an agreement referred to in subsection

(a), preference shall be given to a member or former member

who—

‘‘(1) is selected for involuntary separation, is approved for

separation under section 1174a or 1175 of this title, or retires

pursuant to the authority provided in section 4403 of the

Defense Conversion, Reinvestment, and Transition Assistance

Act of 1992 (division D of Public Law 102–484; 10 U.S.C.

1293 note); and

‘‘(2) has a military occupational specialty, training, or

experience related to law enforcement (such as service as a

member of the military police) or satisfies such other criteria

for selection as the Secretary, the Attorney General, or a participating eligible law enforcement agency prescribed in accordance

with the agreement.

‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The Secretary

of Defense may provide funds to the Attorney General for grants
S. 2182—211

under this section to reimburse participating eligible law enforcement agencies for costs, including salary and fringe benefits, of

employing members or former members pursuant to a program

referred to in subsection (a).

‘‘(2) No grant with respect to an eligible member or former

member may exceed a total of $50,000.

‘‘(3) Any grant with respect to an eligible member or former

member shall be disbursed within 5 years after the date of the

placement of a member or former member with a participating

eligible law enforcement agency.

‘‘(4) Preference in awarding grants through existing law enforcement hiring programs shall be given to State or local law enforcement agencies or Indian tribes that agree to hire eligible members

and former members.

‘‘(e) ADMINISTRATIVE EXPENSES.—Ten percent of the amount,

if any, appropriated for a fiscal year to carry out the program

established pursuant to subsection (a) may be used to administer

the program.

‘‘(f) REQUIREMENT FOR APPROPRIATION.—No person may be

selected to participate in the program established pursuant to subsection (a) unless a sufficient amount of appropriated funds is

available at the time of the selection to satisfy the obligations

to be incurred by the United States under an agreement referred

to in subsection (a) that applies with respect to the person.

‘‘(g) CONDITIONAL EXPANSION OF PLACEMENT TO INCLUDE FIREFIGHTERS.—(1) Subject to paragraph (2), the Secretary may expand

the placement activities authorized by subsection (a) to include

the placement of eligible members and former members and eligible

civilian employees of the Department of Defense as firefighters

or members of rescue squads or ambulance crews with public fire

departments.

‘‘(2) The Secretary may implement the expansion authorized

by this subsection only if the Secretary certifies to Congress not

later than 180 days after the date of the enactment of the National

Defense Authorization Act for Fiscal Year 1995 that such expansion

will facilitate personnel transition programs of the Department

of Defense. The expansion may be made through a program covered

by an agreement referred to in subsection (a), if feasible, or in

such other manner as the Secretary considers appropriate. ‘‘(3) A civilian employee of the Department of Defense shall

be eligible to participate in the expanded placement activities

authorized under this subsection if the employee, during the sixyear period beginning October 1, 1993, is terminated from such

employment as a result of reductions in defense spending or the

closure or realignment of a military installation, as determined

by the Secretary of Defense.’’.

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

at the beginning of chapter 58 of title 10, United States Code,

is amended to read as follows:

‘‘1152. Assistance to eligible members and former members to obtain employment

with law enforcement agencies.’’.

(b) FUNDING FOR FISCAL YEAR 1995.—(1) Of the amount made

available pursuant to section 1102(a), $25,000,000 shall be available

for the placement of members and former members of the Armed

Forces as law enforcement officers under section 1152 of title 10,

United States Code.
S. 2182—212

(2) Of the amount made available pursuant to section 1102(a),

up to $5,000,000 shall be available for the placement of members

and former members of the Armed Forces and civilian employees

of the Department of Defense as firefighters or members of rescue

squads or ambulance crews with public fire departments under

section 1152 of title 10, United States Code, if the Secretary of

Defense makes the certification required by subsection (g)(2) of

such section within the time period specified in such subsection.

SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEMBERS AND

TERMINATED DEFENSE EMPLOYEES IN TEACHING POSITIONS AS BILINGUAL MATH AND SCIENCE TEACHERS.

(a) COOPERATIVE ARRANGEMENTS.—During fiscal year 1995, the

Secretary of Defense shall carry out a pilot program to establish

cooperative arrangements between the Department of Defense and

a consortium of two or more entities described in subsection (b)

for the purpose of assisting bilingual members of the Armed Forces

after their separation from active duty, and bilingual civilian

employees of the Department of Defense after the termination of

their employment, in obtaining certification and employment as

bilingual elementary or secondary school teachers in mathematics

or science.

(b) ELIGIBLE ENTITIES.—The entities with which the Secretary

of Defense may enter into a cooperative arrangement under the

pilot program are as follows:

(1) Local governments of States that contain military

installations and a high concentration of students who would

benefit from the increased presence of bilingual elementary

or secondary school teachers in mathematics or science.

(2) A consortium of two or more institutions of higher

education that have a demonstrated background, expertise, and

experience in operating bilingual teacher training programs

in mathematics and science with an emphasis in English as

a second language.

(c) ELIGIBLE MEMBERS AND EMPLOYEES.—(1) A member of the

Armed Forces shall be eligible to participate in a cooperative

arrangement established under the pilot program if the member—

(A) during the seven-year period beginning on October 1,

1992, is discharged or released from active duty after six or

more years of continuous active duty immediately before the

discharge or release;

(B) has received a baccalaureate or advanced degree from

an accredited institution of higher education;

(C) is bilingual; and

(D) satisfies such other criteria for selection as the Secretary of Defense may prescribe.

(2) A civilian employee of the Department of Defense shall

be eligible to participate in a cooperative arrangement established

under the pilot program if the employee—

(A) during the five-year period beginning October 1, 1992,

is terminated from such employment as a result of reductions

in defense spending or the closure or realignment of a military

installation, as determined by the Secretary of Defense;

(B) has received a baccalaureate or advanced degree from

an accredited institution of higher education;

(C) is bilingual; and
S. 2182—213

(D) satisfies such other criteria for selection as the Secretary of Defense may prescribe.

(d) STIPEND FOR PARTICIPANTS.—A member of the Armed Forces

or a civilian employee of the Department of Defense who participates in a cooperative arrangement established under the pilot

program shall be eligible to receive an educational stipend in the

same amount as provided under paragraph (1) of subsection (g)

of section 1151 of title 10, United States Code, subject to the

conditions specified in paragraphs (2) and (3) of such subsection

and section 1598(e)(2) of such title.

(e) ADMINISTRATIVE COSTS.—The Secretary of Defense shall

cover the reasonable management costs of the pilot program

incurred by the non-Federal entities participating in the cooperative

arrangements established under the pilot program.

(f) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘bilingual’’ means the ability to communicate

in both English and another language.

(2) The term ‘‘State’’ includes the District of Columbia,

American Samoa, the Federated States of Micronesia, Guam,

the Republic of the Marshall Islands, the Commonwealth of

the Northern Mariana Islands, the Commonwealth of Puerto

Rico, Palau, and the Virgin Islands.

(g) FUNDING FOR FISCAL YEAR 1995.—Of the amount made

available pursuant to section 1102(a), $5,000,000 shall be available

to the Secretary of Defense to carry out this section.

SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPARATED MEMBERS AND TERMINATED DEFENSE WORKERS TO BECOME

BUSINESS OWNERS.

(a) BUSINESS OWNERSHIP DEMONSTRATION PROJECT.—During

fiscal year 1995, the Secretary of Defense may carry out a demonstration project in not more than two eligible communities to

assist separated members of the Armed Forces and terminated

defense workers described in subsection (c) who reside in such

communities to own their own businesses. The Secretary shall

carry out the demonstration project in consultation with the Secretary of Commerce.

(b) ELIGIBLE COMMUNITIES.—To be eligible for selection by the

Secretary of Defense as a site for the demonstration project, a

community shall meet at least two of the following conditions:

(1) The local economy is heavily dependent on a defense

contractor that is in the process of terminating a major defense

contract (or having such contract terminated by the Department

of Defense) or closing a major facility.

(2) The local economy may be adversely affected by changes

in the use of a national laboratory previously engaged in the

testing of nuclear weapons.

(3) The local economy would be adversely affected by the

closure of two or more military installations.

(c) PERSONS ELIGIBLE FOR ASSISTANCE.—The following persons

are eligible to participate in the demonstration project to own

their own businesses:

(1) Members of the Armed Forces who are discharged or

released from active duty.

(2) Civilian employees of the Department of Defense who

are terminated from such employment as a result of reductions
S. 2182—214

in defense spending or the closure or realignment of a military

installation, as determined by the Secretary of Defense.

(3) Employees of defense contractors who are terminated

or laid off (or receive a notice of termination or layoff) as

a result of the completion or termination of a defense contract

or program or reductions in defense spending, as determined

by the Secretary of Defense.

(d) ACTIVITIES UNDER DEMONSTRATION PROJECT.—Under the

demonstration project, the Secretary of Defense shall—

(1) develop a business plan to establish a facility in each

community in which the demonstration project is conducted

to assist persons described in subsection (c) to own their own

businesses;

(2) conduct a market study to identify markets for the

facility;

(3) develop innovative approaches to capital formation for

the facility and persons described in subsection (c);

(4) conduct a skills assessment study to determine the

number and type of employees needed to operate the facility;

and

(5) analyze the potential to use persons described in subsection (c) as employees of the facility.

SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP RECYCLING

AS A METHOD TO ASSIST SEPARATED MEMBERS AND

TERMINATED DEFENSE WORKERS.

(a) SHIP RECYCLING DEMONSTRATION PROJECT.—(1) Subject to

paragraph (2), the Secretary of Defense may carry out a demonstration project in not more than three eligible locations to assist

separated members of the Armed Forces and terminated defense

workers described in subsection (c) to obtain employment by participating in the establishment and operation of ship recycling facilities.

To carry out the demonstration project, the Secretary shall seek

the participation of representatives of the ship recycling industry. (2) The Secretary of Defense may not implement or carry out

the demonstration project unless the Secretary certifies to Congress

not later than 180 days after the date of the enactment of this

Act that—

(A) the demonstration project will facilitate personnel

transition programs of the Department of Defense; and (B) activities under the demonstration project will not disrupt the operations of United States companies that are

engaged in ship recycling and scrapping as of the date of

the enactment of this Act.

(b) ELIGIBLE LOCATIONS.—A location shall be eligible for selection by the Secretary of Defense as a site for the demonstration

project if the location contains one or more military installations

that have been selected for closure or realignment pursuant to

a base closure law and such installations include naval and port

facilities. Competitive procedures shall be used in the selection

of locations in which to conduct the demonstration project.

(c) PERSONS ASSISTED UNDER DEMONSTRATION PROJECT.—The

demonstration project is intended to promote the establishment

and operation of ship recycling facilities that will provide employment for the following persons:

(1) Members of the Armed Forces who are discharged or

released from active duty.
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(2) Civilian employees of the Department of Defense who

are terminated from such employment as a result of reductions

in defense spending or the closure or realignment of a military

installation, as determined by the Secretary of Defense.

(3) Employees of defense contractors who are terminated

or laid off (or receive a notice of termination or layoff) as

a result of the completion or termination of a defense contract

or program or reductions in defense spending, as determined

by the Secretary of Defense.

(d) ASSISTANCE AUTHORIZED.—To carry out the demonstration

project in an eligible location selected by the Secretary, the Secretary may make grants to, and enter into contracts and cooperative

agreements with, State governments, local governments, private

entities, nonprofit organizations, and institutions of higher education operating in that location.

(e) ACTIVITIES SUPPORTED.—A government or entity (or group

of entities) receiving assistance under the demonstration project

shall use the assistance to perform, or support the performance

of, any of the following:

(1) Developing a business plan to establish a ship recycling

facility for military and commercial ships currently in service

and projected for future scrapping.

(2) In consultation with the private sector, conducting a

market study of—

(A) the existing private sector capacity to perform ship

recycling;

(B) the utilization of existing ship recycling capacity;

(C) the regional impact on markets for scrap generated

from ship recycling; (D) the environmental remediation requirements associated with ship recycling; (E) the ability to incorporate the private sector into

the ship recycling facilities established pursuant to the

demonstration project; and (F) such other issues related to ship recycling as the

Secretary considers appropriate.

(3) Conducting a skills assessment study to determine the

number and type of employees needed to operate a ship

recycling facility. (4) Developing plans for the cost-effective environmental

remediation of ships to be recycled at the facility. (5) Demonstrating the feasibility of a ship recycling facility

to become financially self-sustaining or projecting a reasonable

timetable for the completion of the demonstration project, in

which case the entity shall develop training, skills enhancement, and career placement programs to assist employees

involved in ship recycling to secure new occupations and

careers.

(6) Supporting regional ship recycling start-up activities.

(7) Analyzing the potential to use persons described in

subsection (c) as employees at a ship recycling facility.

(f) TRANSFER OF EXCESS NAVAL VESSELS.—The Secretary of

Defense may allocate among the ship recycling facilities established

under the demonstration project excess naval vessels of the United

States for recycling.

(g) FUNDING FOR FISCAL YEAR 1995.—Of the amount made

available pursuant to section 1102(a), $7,500,000 shall be available
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to the Secretary of Defense to carry out the demonstration project

if the Secretary of Defense makes the certification under subsection

(a)(2) within the time period specified in such subsection.

SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE DIVERSIFICATION PROGRAM AND DEFENSE CONVERSION ADJUSTMENT PROGRAM UNDER JOB TRAINING PARTNERSHIP

ACT.

(a) DEFENSE DIVERSIFICATION PROGRAM.—Section 325A of the

Job Training Partnership Act (29 U.S.C. 1662d–1) is amended—

(1) in subsection (a), by striking out ‘‘From the amount’’

and all that follows through ‘‘Labor,’’ and inserting in lieu

thereof ‘‘From funds made available to carry out this section,

the Secretary, in consultation with the Secretary of Defense,’’;

(2) in subsections (c), (d), (e), (i), (k)(2), (l), and (m), by

striking out ‘‘Secretary of Defense’’ each place it appears and

inserting in lieu thereof ‘‘Secretary’’;

(3) in subsection (d)(1)(A), by striking out ‘‘in consultation

with the Secretary of Labor,’’;

(4) in the heading of subsection (e), by striking out ‘‘BY

SECRETARY OF DEFENSE’’;

(5) in subsection (k)(1), by striking out ‘‘Secretary of

Defense, in consultation with the Secretary of Labor,’’ and

inserting in lieu thereof ‘‘Secretary, in consultation with the

Secretary of Defense,’’; and

(6) in subsection (n), by striking out ‘‘Secretary of Defense,

in consultation with the Secretary of Labor,’’ and inserting

in lieu thereof ‘‘Secretary, in consultation with the Secretary

of Defense,’’.

(b) DEFENSE CONVERSION ADJUSTMENT PROGRAM.—Section

325(a) of the Job Training Partnership Act (29 U.S.C. 1662d(a))

is amended by striking out ‘‘From the amount appropriated pursuant to section 4203 of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990,’’ and inserting

in lieu thereof ‘‘From funds made available to carry out this section,’’.

SEC. 1137. ASSISTANCE FOR CERTAIN WORKERS DISLOCATED DUE TO

REDUCTIONS BY THE UNITED STATES IN THE EXPORT

OF DEFENSE ARTICLES AND SERVICES.

(a) ASSISTANCE UNDER DEFENSE CONVERSION ADJUSTMENT

PROGRAM.—Section 325 of the Job Training Partnership Act (29 U.S.C. 1662d), as amended by section 1136(b), is further amended— (1) in subsection (a), by striking out ‘‘or by closures of

United States military facilities’’ each place it appears and

inserting in lieu thereof ‘‘, by closures of United States military

facilities, or by reductions in the export of defense articles

and defense services as a result of United States policy, including reductions in the amount of defense articles and defense

services under agreements to provide such articles or services

or through termination or completion of any such agreements’’;

(2) in subsection (d), by striking out ‘‘or by the closure

of United States military installations’’ and inserting in lieu

thereof ‘‘, by closures of United States military facilities, or

by reductions in the export of defense articles and defense

services as a result of United States policy, including reductions

in the amount of defense articles and defense services under
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agreements to provide such articles or services or through

termination or completion of any such agreements’’; and

(3) by adding at the end the following new subsection:

‘‘(f) DEFINITION.—For purposes of this section, the term ‘defense

articles and defense services’ means defense articles, defense services, or design and construction services under the Arms Export

Control Act (22 U.S.C. 2751 et seq.), including defense articles

and defense services licensed or approved for export under section

38 of that Act (22 U.S.C. 2778).’’.

(b) ASSISTANCE UNDER DEFENSE DIVERSIFICATION PROGRAM.—

Section 325A of the Job Training Partnership Act (29 U.S.C. 1662d–

1), as amended by section 1136(a), is further amended—

(1) in subsection (b)(3)(A), by striking out ‘‘or the closure

or realignment of a military installation’’ and inserting in lieu

thereof ‘‘, the closure or realignment of a military installation,

or reductions in the export of defense articles and defense

services as a result of United States policy, including reductions

in the amount of defense articles and defense services under

agreements to provide such articles or services or through

termination or completion of any such agreements’’;

(2) in subsection (k)(1), by striking out ‘‘or by the closure

of United States military installations’’ and inserting in lieu

thereof ‘‘, the closure of United States military installations,

or reductions in the export of defense articles and defense

services as a result of United States policy, including reductions

in the amount of defense articles and defense services under

agreements to provide such articles or services or through

termination or completion of any such agreements’’; and (3) in subsection (o), by adding at the end the following

new paragraph: ‘‘(3) DEFENSE ARTICLES AND DEFENSE SERVICES.—The term

‘defense articles and defense services’ means defense articles,

defense services, or design and construction services under

the Arms Export Control Act (22 U.S.C. 2751 et seq.), including

defense articles and defense services licensed or approved for

export under section 38 of that Act (22 U.S.C. 2778).’’.

Subtitle D—Other Matters

SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE AND ESTABLISHMENT OF ARMS

INITIATIVE LOAN GUARANTEE PROGRAM.

(a) EXTENSION.—Section 193(a) of the Armament Retooling and Manufacturing Support Act of 1992 (subtitle H of title I of Public

Law 102–484; 10 U.S.C. 2501 note) is amended by striking out

‘‘fiscal years 1993 and 1994’’ and inserting in lieu thereof ‘‘fiscal

years 1993 through 1996’’. (b) LOAN GUARANTEES UNDER ARMS INITIATIVE.—The

Armament Retooling and Manufacturing Support Act of 1992 (10

U.S.C. 2501 note) is amended—

(1) by redesignating section 195 as section 196; and

(2) by inserting after section 194 the following new section:

‘‘SEC. 195. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

‘‘(a) PROGRAM AUTHORIZED.—Subject to subsection (b), the Secretary of the Army may carry out a loan guarantee program to
S. 2182—218

encourage commercial firms to use ammunition manufacturing

facilities pursuant to section 193. Under such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a

commercial activity under this subtitle.

‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guarantees under

this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in

advance, as required by section 504 of the Federal Credit Reform

Act of 1990 (2 U.S.C. 661c).

‘‘(c) PROGRAM ADMINISTRATION.—(1) The Secretary may enter

into agreements with the Administrator of the Small Business

Administration or the Administrator of the Farmers Home Administration, the Administrator of the Rural Development Administration, or the head of other appropriate agencies of the Department

of Agriculture, under which such Administrators may, under this

section—

‘‘(A) process applications for loan guarantees;

‘‘(B) guarantee repayment of loans; and

‘‘(C) provide any other services to the Secretary to administer the loan guarantee program.

‘‘(2) Each Administrator may guarantee loans under this section

to commercial firms of any size, notwithstanding any limitations

on the size of applicants imposed on other loan guarantee programs

that the Administrator administers.

‘‘(3) To the extent practicable, each Administrator shall use

the same procedures for processing loan guarantee applications

under this section as the Administrator uses for processing loan

guarantee applications under other loan guarantee programs that

the Administrator administers.

‘‘(d) LOAN LIMITS.—The maximum amount of loan principal

guaranteed during a fiscal year under this section may not exceed—

‘‘(1) $20,000,000, with respect to any single borrower; and

‘‘(2) $320,000,000 with respect to all borrowers.

‘‘(e) TRANSFER OF FUNDS.—The Secretary of the Army may

transfer to an Administrator providing services under subsection

(c), and the Administrator may accept, such funds as may be necessary to administer the loan guarantee program under this section.

‘‘(f) REPORTING REQUIREMENT.—Not later than July 1 of each

year in which a guarantee issued under this section is in effect,

the Secretary shall submit to the congressional defense committees

a report specifying the amounts of loans guaranteed under this

section during the preceding calendar year. No report is required

after fiscal year 1997.’’.

(c) AUTHORIZATION FOR USE OF EXISTING BUDGET AUTHORITY.—

Of the funds appropriated for the Armament Retooling and Manufacturing Support Initiative by title III of Public Law 102–396

under the heading ‘‘PROCUREMENT OF AMMUNITION, ARMY’’ (106

Stat. 1887), up to $43,000,000 may be made available to cover

the costs of loan guarantees issued under section 195 of the

Armament Retooling and Manufacturing Support Act of 1992 (as

added by subsection (b)(2)), in such amounts as provided in an

appropriations Act enacted after the date of the enactment of this

Act.
S. 2182—219

SEC. 1142. CHANGES IN NOTICE REQUIREMENTS UPON PENDING OR

ACTUAL TERMINATION OF DEFENSE PROGRAMS.

(a) TIME FOR NOTICE AFTER SUBMISSION OF BUDGET.—Subsection (a) of section 4471 of the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992 (division D of Public Law

102–484; 106 Stat. 2753; 10 U.S.C. 2501 note) is amended—

(1) by striking out ‘‘As soon as reasonably practicable’’

and inserting in lieu thereof ‘‘Not later than 60 days’’; and (2) by striking out ‘‘and not more than 180 days after

such date,’’.

(b) TIME FOR NOTICE AFTER ENACTMENT OF APPROPRIATIONS

ACT.—Subsection (b) of such section is amended—

(1) by striking out ‘‘as soon as reasonably practicable’’

and inserting in lieu thereof ‘‘not later than 60 days’’; and (2) by striking out ‘‘and not more than 180 days after

such date,’’.

(c) TIME FOR NOTICE OF WITHDRAWAL OF NOTIFICATION.—Subsection (f)(1) of such section is amended by striking out ‘‘as soon

as reasonably practicable’’ and inserting in lieu thereof ‘‘not later

than 60 days’’.

SEC. 1143. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRONMENTAL

TECHNOLOGIES FOR DREDGING OF DUAL-USE PORTS.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish

a plan for the Department of Defense to encourage the further

development and deployment of existing defense environmental

technologies in support of the dredging requirements of dual-use

ports, including— (1) the environmentally secure containment and management of contaminated dredged materials; and (2) the decontamination of dredged materials. (b) MATTERS TO BE INCLUDED.—The plan to be established

pursuant to subsection (a) shall include the following: (1) A description of defense reinvestment and defense

conversion programs under chapter 148 of title 10, United

States Code, that are available to facilitate the deployment

of defense environmental technologies in support of the dredging requirements of dual-use ports. (2) A description of existing defense environmental technologies and processes that are available to support the objectives of the plan to be established pursuant to subsection (a).

(3) Recommendations for strategies to deploy such technologies and processes to ports of various sizes, including— (A) ports with projects requiring more than 5,000,000

cubic yards of sediment to be dredged annually;

(B) ports with projects requiring more than 1,000,000

cubic yards of sediment to be dredged annually;

(C) ports that have been affected by, or are likely

to be affected by, the closure of one or more major military

installations and that, as a result thereof, require substantial environmental remediation; and

(D) military port installations that have experienced

significant delays in advancing dredging projects because

of environmental compliance or dredged material disposal

problems.

(4) After consultation with the heads of other appropriate

Federal agencies, an assessment of other available technologies
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and processes that may be used in support of the plan to

be established pursuant to subsection (a).

(5) An assessment of the potential benefits and methods

of transfer of technologies and processes for use in connection

with dredging processes in commercial ports and waterways.

(c) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense shall transmit

to Congress a report containing the plan to be established pursuant

to subsection (a).

TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

SEC. 1201. COOPERATIVE THREAT REDUCTION PROGRAMS.

For purposes of section 301 and other provisions of this Act,

Cooperative Threat Reduction programs are the programs described

in section 1203(b) of the Cooperative Threat Reduction Act of 1993

(title XII of Public Law 103–160; 107 Stat. 1778; 22 U.S.C. 5952(b)).

SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE

THREAT REDUCTION PROGRAMS.

Section 1207 of the Cooperative Threat Reduction Act of 1993

(title XII of Public Law 103–60; 107 Stat. 1782) is amended—

(1) by striking out ‘‘Not later than April 30, 1994, and

not later than October 30, 1994,’’ and inserting in lieu thereof

‘‘Not later than April 30 and not later than October 30 of

each year,’’;

(2) by striking out ‘‘under this title’’ and inserting in lieu

thereof ‘‘under programs described in section 1203(b)’’; and

(3) in paragraph (3), by striking out ‘‘this title’’ and inserting in lieu thereof ‘‘the programs described in section 1203(b)’’.

SEC. 1203. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.

(a) REPORT.—(1) The Secretary of Defense shall submit to Con- gress a report on the efforts made by the United States (including

efforts through the use of audits, examinations, and on-site inspections) to ensure that assistance provided under cooperative threat

reduction programs is fully accounted for and that such assistance

is being used for its intended purposes. (2) The report shall be submitted not later than 90 days after

the date of the enactment of this Act.

(b) INFORMATION TO BE INCLUDED.—The report shall include

the following:

(1) A list of cooperative threat reduction assistance that

has been provided before the date of the report.

(2) A description of the current location of the assistance

provided and the current condition of such assistance.

(3) A determination of whether the assistance has been

used for its intended purpose.

(4) A description of the activities planned to be carried

out during fiscal year 1995 to ensure that cooperative threat

reduction assistance provided during that fiscal year is fully

accounted for and is used for its intended purpose.
S. 2182—221

(c) COMPTROLLER GENERAL ASSESSMENT.—Not later than 30

days after the date on which the report of the Secretary under

subsection (a) is submitted to Congress, the Comptroller General

of the United States shall submit to Congress a report giving

the Comptroller General’s assessment of the report and making

any recommendations that the Comptroller General considers

appropriate.

SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL

RELATING TO WEAPONS OF MASS DESTRUCTION.

The Secretary of Defense shall submit to Congress a report on progress being made in each state of the former Soviet Union

that is a recipient of assistance under Cooperative Threat Reduction

programs toward the development of an effective system of control

and accountability for material related to weapons of mass destruction in that country. Under such a system, officials of the United

States and of the recipient country should have an accurate accounting of the weapons of mass destruction in that country and the

fissile and chemical materials from those weapons. The report shall

be submitted not later than three months after the date of the

enactment of this Act.

SEC. 1205. MULTIYEAR PLANNING AND ALLIED SUPPORT.

(a) FUNDING REPORT TO CONGRESS.—The Secretary of Defense

shall submit to Congress a report as described in subsection (b)

on funding for Cooperative Threat Reduction programs with states

of the former Soviet Union. The report shall be submitted at the

time of the transmission to Congress of the budget justification

materials for the funding request in the fiscal year 1996 budget

for such Cooperative Threat Reduction programs.

(b) MATTERS TO BE INCLUDED IN ANNUAL REPORT.—The Secretary of Defense shall include in the report under subsection

(a) the following:

(1) An estimate of the total amount that will be required

to be expended by the United States in order to achieve the

objectives of Cooperative Threat Reduction programs.

(2) A multiyear plan for the use of amounts and other

resources provided by the United States for Cooperative Threat

Reduction programs and to provide guidance for preparation

of annual budget submissions.

(c) SUBSEQUENT REVISIONS TO REPORT.—The Secretary of

Defense shall submit an updated version of the report under subsection (a) for any fiscal year after fiscal year 1996 for which

the budget of the President proposes that funds be appropriated

to the Department of Defense for Cooperative Threat Reduction

programs.

(d) FISCAL YEAR 1995 LIMITATION.—Of the amount authorized

in section 301 for Cooperative Threat Reduction programs, the

sum of $50,000,000 may not be obligated until the President certifies

to Congress that the United States is making a concerted effort

to ensure that allies of the United States are increasing their

levels of support for activities that will aid in accomplishing the

objectives of the Cooperative Threat Reduction programs.

SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM FOR FISCAL YEAR 1995.

(a) PROGRAM AMOUNTS.—Of the amount authorized to be appropriated in section 301 for Cooperative Threat Reduction programs—
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(1) not more than $60,000,000 may be obligated for the

demilitarization of defense industries and the conversion of

military technologies and capabilities into civilian activities;

(2) not more than $200,000,000 may be obligated for Weapons Dismantlement, Destruction, and Denuclearization;

(3) not more than $60,000,000 may be obligated for Safety

and Security, Transportation, and Storage;

(4) not more than $40,000,000 may be obligated for Nonproliferation;

(5) not more than $20,000,000 may be obligated for Defense

and Military-to-Military Contacts; and

(6) not more than $20,000,000 may be obligated for other

authorized programs and activities.

(b) LIMITED AUTHORITY TO EXCEED INDIVIDUAL LIMITATION

AMOUNTS.—(1) If the Secretary of Defense determines that it is

necessary to do so in the national interest, the Secretary may,

subject to paragraph (2), obligate amounts for the purposes stated

in any of the paragraphs of subsection (a) in excess of the amount

specified for those purposes in that paragraph. However, the total

amount obligated for the purposes stated in the paragraphs in

subsection (a) may not by reason of the use of the authority provided

in the preceding sentence exceed the sum of the amounts specified

in those paragraphs.

(2) An obligation for the purposes stated in any of the paragraphs in subsection (a) in excess of the amount specified in that

paragraph may be made using the authority provided in paragraph

(1) only after—

(A) the Secretary submits to Congress a notification of

the intent to do so together with a complete discussion of

the justification for doing so; and

(B) 15 days have elapsed following the date of the notification.

SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM

OF THE STATES OF THE FORMER SOVIET UNION.

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

(1) The United States has identified nonproliferation of

weapons of mass destruction as a high priority in the conduct

of United States national security policy.

(2) The United States is seeking universal adherence to

global regimes that control nuclear, chemical, and biological

weapons and is promoting new measures that provide increased

transparency of biological weapons-related activities and facilities in an effort to help deter violations of and enhance compliance with the Biological Weapons Convention.

(3) In early 1992, Russian President Boris Yeltsin indicated

to former United States President George Bush that Russia

still had an offensive biological weapons program.

(4) A United States Government report dated January 19,

1993, on arms control noncompliance noted that Russian declarations up to that date had dramatically underestimated the

size, scope, and maturity of the former Soviet biological weapons

program.

(5) Despite President Yeltsin’s decree of April 11, 1993,

stating that activities in violation of the Biological Weapons

Convention are illegal, questions continue to arise regarding
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offensive biological weapons research, development, testing,

production, and storage in Russia as well as in other countries.

(6) A United States Government report, dated June 23,

1994, states the following: ‘‘The United States has determined

that the offensive biological warfare program that Russia inherited from the Soviet Union violated the Biological Weapons

Convention through at least March 1992. The Soviet offensive

biological weapons program was massive, and included production, weaponization, and stockpiling. The status of the program

since that time remains unclear and the U.S. remains concerned

about the Russian biological warfare program.’’.

(7) The Joint Statement on Biological Weapons issued by

officials of the United States, the United Kingdom, and Russia

on September 14, 1992, confirmed the commitment of the three

governments to full compliance with the Biological Weapons

Convention and outlined steps designed to increase confidence

in that commitment.

(8) The Presidents of Russia and the United States are

scheduled to hold a summit meeting in Washington during

the month of September 1994.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the President should continue to urge all signatories

to the Biological Weapons Convention to comply fully with

the terms of that convention and with other international agreements relating to the control of biological weapons;

(2) the President should keep the Congress fully and currently informed regarding any Russian activities related to

offensive biological weapons; (3) the President should continue to insist that the Russian

Government complete the steps noted and agreed to in the

Joint Statement on Biological Weapons issued by officials of

the United States, the United Kingdom, and Russia on September 14, 1992;

(4) subsequent meetings of representatives of the United

States, the United Kingdom, and Russia on biological weapons

and the September 1994 summit meeting in Washington provide opportunities for the President to again emphasize the

importance of resolving the issues related to compliance with

the Biological Weapons Convention; (5) in assessing the President’s fiscal year 1996 budget

request for foreign assistance funds for Russia, and for other

programs and activities to provide assistance to Russia, including the Cooperative Threat Reduction programs, Congress will

consider United States Government assessments of Russia’s

compliance with its obligations under the Biological Weapons

Convention; and

(6) as the President encourages increased transparency

of biological weapons-related activities and facilities to deter

violations of, and enhance compliance with, the Biological

Weapons Convention, the President should also take appropriate actions to ensure that the United States is prepared

to counter the effects of use of biological weapons by others.

(c) PRESIDENTIAL REPORTS.—Not later than February 1, 1995,

not later than June 1, 1995, and not later than October 1, 1995,

the President shall submit to Congress a report, in classified and

unclassified forms, containing an assessment of the extent of compliance of the independent states of the former Soviet Union with
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the Biological Weapons Convention and other international agreements relating to the control of biological weapons.

(d) CONTENT OF REPORT.—The report shall include the following:

(1) MATTERS RELATED TO COMPLIANCE.—

(A) An evaluation of the extent of control and oversight

by the government of the Russian Federation over the

former Soviet military and dual civilian-military biological

warfare programs.

(B) The extent, if any, of the biological warfare agent

stockpile in any of the independent states of the former

Soviet Union.

(C) The extent and scope, if any, of continued biological

warfare research, development, testing, and production by

such states, including the sites and types of activity at

those sites.

(D) An evaluation of the effectiveness of possible delivery systems of biological weapons, including tube and

rocket artillery, aircraft, and ballistic missiles.

(E) An assessment of measures taken by the Russian

Government to complete the steps noted and agreed to

in the 1992 Joint Statement on Biological Weapons referred

to in subsection (b)(3), including a determination of the

extent to which Russia has—

(i) agreed to permit visits to military and nonmilitary biological sites in order to attempt to resolve

ambiguities;

(ii) provided information about biological weapons

dismantlement accomplished to date, and further clarification of information provided in its United Nations

Declarations regarding biological weapons; (iii) been cooperative in exchanging information

on a confidential, reciprocal basis concerning past

offensive biological weapons programs not recorded in

detail in its declarations to the United Nations;

(iv) cooperated in reviewing potential additional

measures to monitor compliance with the Biological

Weapons Convention and modalities for testing such

measures;

(v) agreed to an examination of the physical infrastructure of its biological facilities to determine

whether there is specific equipment or excess capacity

inconsistent with their stated purpose;

(vi) helped identify ways to promote cooperation

and investment in the conversion of biological weapons

facilities; and

(vii) agreed to exchanges of scientists at biological

facilities on a long-term basis.

(2) MATTERS RELATED TO UNITED STATES CAPABILITIES.—

(A) An evaluation of United States capabilities to detect

and monitor biological warfare research, development, testing, production, and storage.

(B) On the basis of the assessment and evaluations

referred to in other provisions of the report, recommendations by the Secretary of Defense and Chairman of the

Joint Chiefs of Staff for the improvement of United States

biological warfare defense and counter-measures.
S. 2182—225

(e) LIMITATION.—Of the amount authorized to be appropriated

by section 301 for Cooperative Threat Reduction programs,

$25,000,000 may not be obligated until the President submits to

Congress the first report required under subsection (c).

SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT

REDUCTION PROGRAMS.

(a) MILITARY-TO-MILITARY CONTACT PROGRAMS.—(1) None of

the funds authorized to be appropriated in section 301 for Cooperative Threat Reduction programs may be obligated for activities

under a military-to-military contact program until the Secretary

of Defense and the Secretary of State submit to Congress a joint

report on the coordination of military-to-military contact programs

and comparable activities carried out under their respective jurisdictions.

(2) The report shall cover the following programs and activities: (A) Defense and military-to-military contact programs to be carried out using funds authorized to be appropriated in

section 301 for Cooperative Threat Reduction programs. (B) Military-to-military contacts and comparable activities that are authorized by section 168 of title 10, United States

Code, as added by section 1316. (C) Programs authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

(3) The report shall include a discussion of how the programs and activities referred to in paragraph (2) are carried out to maximize—

(A) the effect of such programs and activities in enhancing United States foreign policy objectives; and (B) cost-efficiency in the conduct of the programs and activities.

(b) REPORT.—Section 1207 of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103–160; 107 Stat. 1777;

22 U.S.C. 5956), is amended by adding at the end the following

new paragraph: ‘‘(5) A description of how all of the activities carried out

under the authority of this title and other laws providing

authority for cooperative threat reduction are coordinated with

similar activities that are carried out under any other authority,

including activities relating to military-to-military contacts,

environmental restoration, and housing.’’.

SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DISMANTLEMENT OF SOVIET NUCLEAR ARSENAL.

(a) FINDINGS.—Congress makes the following findings: (1) It is a pressing national security challenge for the United States to expedite the safe and secure dismantlement

of the nuclear arsenal of the former Soviet Union.

(2) In particular, it is essential to expedite the return

of strategic nuclear warheads from Ukraine, Belarus, and

Kazakhstan and to expedite the safe and secure dismantlement

of the nuclear delivery vehicles of Ukraine, Belarus, and

Kazakhstan.

(3) Leakage of nuclear materials and technology, and the

continuing threat of emigration of scientists and technicians

from the former Soviet nuclear weapons complex, pose a grave

threat to United States national security and to international

stability.
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(4) Congress has authorized so-called ‘‘Nunn-Lugar’’ funds

to enable the Department of Defense to carry out cooperative

activities with states of the former Soviet Union to address

the threats described in paragraphs (1), (2), and (3).

(b) SENSE OF CONGRESS.—In light of the findings in subsection

(a), it is the sense of Congress that—

(1) the Secretary of Defense and the Secretary of State

should continue to give their serious attention to carrying out

a coordinated strategy for addressing the urgent national security issues described in subsection (a);

(2) the United States should expedite the availability and

effective application of so-called ‘‘Nunn-Lugar’’ funds;

(3) although activities conducted with those funds should,

to the extent feasible, draw upon United States technology

and expertise, the United States should work with local contractors in Belarus, Kazakhstan, Russia, and Ukraine when doing

so would expedite more effective use of those funds; and

(4) efforts should be made to make the Science and Technology Centers in Moscow and Kiev, designed to slow the

emigration of scientists and technicians from the former Soviet

weapons complex, fully operational on an expedited basis.

TITLE XIII—MATTERS RELATING TO

ALLIES AND OTHER NATIONS

Subtitle A—Matters Relating to NATO

SEC. 1301. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO ORGANIZATIONS.

(a) APPLICABILITY OF EXISTING AUTHORITY TO NATO ORGANIZATIONS.—Section 2350a of title 10, United States Code, is amended

in subsections (a), (e)(2), and (i)(1) by inserting ‘‘or NATO organizations’’ after ‘‘major allies of the United States’’ each place it appears.

(b) NATO ORGANIZATION DEFINED.—Subsection (i) of such section is amended by adding at the end the following new paragraph:

‘‘(4) The term ‘NATO organization’ means any North Atlantic Treaty Organization subsidiary body referred to in section

2350(2) of this title and any other organization of the North

Atlantic Treaty Organization.’’.

SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION.

(a) FINDINGS.—Congress makes the following findings: (1) The North Atlantic Treaty Organization has served

as a bulwark of peace, security, and democracy for the United

States and the members of the alliance since 1949.

(2) The unswerving resolve of the member states of the

North Atlantic Treaty Organization to mutual defense against

the threat of communist aggression was central to the demise

of the Warsaw Pact.

(3) The North Atlantic Treaty Organization is the most

successful international security organization in history and

is well suited to help marshal cooperative political, diplomatic,

economic, and humanitarian efforts, buttressed by credible military capability aimed at deterring conflict, and thus contributing to international peace and security.
S. 2182—227

(4) The threat of instability in Eastern and Central Europe,

as well as in the Southern and Eastern Mediterranean, continues to pose a fundamental challenge to the interests of the

member states of the North Atlantic Treaty Organization.

(5) North Atlantic Treaty Organization assets have been

deployed in recent years for more than the territorial defense

of alliance members, and the Rome Summit of October 1991

adopted a new strategic concept for the North Atlantic Treaty

Organization that entertained the possibility of operations

beyond the alliance’s self-defense area.

(6) In Oslo in July 1992, and in Brussels in December

1992, the alliance embraced the deployment of North Atlantic

Treaty Organization forces to peacekeeping operations under

the auspices of the United Nations or the Conference on Security and Cooperation in Europe.

(7) The North Atlantic Treaty Organization should attempt

to cooperate with and seek a mandate from international

organizations such as the United Nations when considering

responses to crises outside the alliances’s self-defense area.

(8) Not all members of the international community share

a commonality of interests that would ensure timely action

by the United Nations Security Council.

(9) It is critical that the security interests of the member

countries of the North Atlantic Treaty Organization not be

held hostage to indecision at the United Nations or a veto

by a permanent member of the Security Council.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) it should be the policy of the United States that, in

accordance with article 53 of the United Nations Charter, the

North Atlantic Treaty Organization retains the right of autonomy of action regarding missions in addition to collective

defense should the United Nations Security Council or the

Conference on Security and Cooperation in Europe fail to act; (2) while it is desirable to work with other international

organizations and arrangements where feasible in dealing with

threats to the peace, the North Atlantic Treaty Organization

is not an auxiliary to the United Nations or any other organization; and

(3) the member states of the North Atlantic Treaty

Organization reserve the right to act collectively in defense

of their vital interests.

SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL

IN EUROPE.

(a) END STRENGTH.—Paragraph (1) of section 1002(c) of the

Department of Defense Authorization Act, 1985 (22 U.S.C. 1928

note), is amended to read as follows:

‘‘(1) The end strength level of members of the Armed Forces

of the United States assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization

may not exceed a permanent ceiling of approximately 100,000 in

any fiscal year.’’.

(b) EXCLUSION OF CERTAIN ISLAND-BASED TROOPS IN CALCULATION OF AUTHORIZED END STRENGTH.—Such section is further

amended by adding at the end the following new paragraph:

‘‘(3) For purposes of this subsection, members of the Armed

Forces of the United States assigned to permanent duty ashore
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in Iceland, Greenland, and the Azores are excluded in calculating

the end strength level of members of the Armed Forces assigned

to permanent duty ashore in European member nations of NATO.’’.

(c) CONFORMING AMENDMENT.—Section 1303 of the National

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

484; 106 Stat. 2546) is repealed.

(d) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on October 1, 1995.

SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS.

(a) GOAL FOR ALLIED CONTRIBUTIONS.—In continuing efforts

to enter into revised host-nation agreements as described in section

1301(e) of the National Defense Authorization Act for Fiscal Year

1993 (Public Law 102–484; 106 Stat. 2545) and section 1401(c)

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103–160; 107 Stat. 1824), the President shall seek

to have European member nations of NATO assume an increased

share of the nonpersonnel costs for United States military installations in those nations so that by September 30, 1996, those nations

have assumed 37.5 percent of such costs.

(b) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘nonpersonnel costs’’, with respect to United

States military installations in European member nations of

NATO, means costs for those installations other than costs

paid from military personnel accounts.

(2) The term ‘‘contributions’’, with respect to the share

of such nonpersonnel costs assumed by the European member

nations of NATO, means those cash and in-kind contributions

made by such nations that replace expenditures that would

otherwise be made by the Secretary using funds appropriated

or otherwise made available in defense appropriations Acts.

SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVERSEAS MILITARY FACILITIES TO NATO HOST COUNTRIES.

(a) FINDINGS.—Congress makes the following findings: (1) The United States has invested $6,500,000,000 in military infrastructure in North Atlantic Treaty Organization

(NATO) countries.

(2) As part of an overall plan to reduce United States

troop strength overseas, the Department of Defense plans to

close, or reduce United States military presence at, 867 military

sites outside the United States.

(3) Most of the military sites outside the United States

announced for closure are in Europe, where the United States

has already closed 434 such sites while carrying out a reduction

in troop strength in Europe from 323,432 in 1987 to approximately 100,000 by the end of fiscal year 1996.

(4) When the United States closes military sites in Europe,

it leaves buildings, roads, sewers, and other real property

improvements behind.

(5) Some of the European NATO allies have agreed to

pay the United States for the residual value of the real property

improvements left behind.

(6) Although the United States military drawdown has

been rapid since 1990, European allies have been slow to pay

the United States the residual value of the sites released by

the United States.
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(7) As of 1994, the United States has recouped only

$33,300,000 in cash, most of which was recovered in 1989.

(8) Although the United States has released to Germany

over 60 percent of the military sites planned for closure by

the United States in that country and the current value of

United States facilities to be returned to the German government is estimated at approximately $2,700,000,000, the German

government has budgeted only $25,000,000 for fiscal year 1994

for payment of compensation for the United States investment

in those facilities.

(b) POLICY.—It is the sense of Congress that—

(1) the President should redouble efforts to recover the

value of the United States investment in the military infrastructure in NATO countries;

(2) the President should enter into negotiations with the

government of each NATO host country with a presumption

that payments to compensate the United States for the negotiated value of improvements will be made in cash and deposited in the Department of Defense Overseas Military Facility

Investment Recovery Account;

(3) the President should enter into negotiations for payments-in-kind only as a last resort and only after informing

the Congress that negotiations for cash payments have not

been successful; and

(4) to the extent that in-kind contributions are received

in lieu of cash payments in any fiscal year, the in-kind contributions should be used for projects that are identified priorities

of the Department of Defense.

(c) REQUIREMENTS AND LIMITATIONS RELATING TO PAYMENTS- IN-KIND.—(1) Subsection (e) of section 2921 of the National Defense

Authorization Act for Fiscal Year 1991 (10 U.S.C. 2687 note) is

amended—

(A) by inserting ‘‘(1)’’ after ‘‘NEGOTIATIONS FOR PAYMENTS- IN-KIND.—’’;

(B) by striking out ‘‘a written notice’’ and all that follows

and inserting in lieu thereof ‘‘to the appropriate congressional

committees a written notice regarding the intended negotiations.’’; and

(C) by adding at the end the following new paragraphs: ‘‘(2) The notice shall contain the following: ‘‘(A) A justification for entering into negotiations for payments-in-kind with the host country. ‘‘(B) The types of benefit options to be pursued by the

Secretary in the negotiations. ‘‘(C) A discussion of the adjustments that are intended

to be made in the future-years defense program or in the

budget of the Department of Defense for the fiscal year in

which the notice is submitted or the following fiscal year in

order to reflect costs that it may no longer be necessary for

the United States to incur as a result of the payments-inkind to be sought in the negotiations.

‘‘(3) For purposes of this subsection, the appropriate congressional committees are—

‘‘(A) the Committee on Armed Services, the Committee

on Appropriations, and the Defense Subcommittees of the

Committee on Appropriations of the House of Representatives;

and
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‘‘(B) the Committee on Armed Services, the Committee

on Appropriations, and the Defense Subcommittees of the

Committee on Appropriations of the Senate.’’.

(2) Such section is further amended by adding at the end

the following new subsection:

‘‘(h) CONGRESSIONAL OVERSIGHT OF PAYMENTS-IN-KIND.—(1)

Not less than 30 days before concluding an agreement for acceptance

of military construction or facility improvements as a paymentin-kind, the Secretary of Defense shall submit to Congress a notification on the proposed agreement. Any such notification shall contain

the following:

‘‘(A) A description of the military construction project or

facility improvement project, as the case may be.

‘‘(B) A certification that the project is needed by United

States forces.

‘‘(C) An explanation of how the project will aid in the

achievement of the mission of those forces.

‘‘(D) A certification that, if the project were to be carried

out by the Department of Defense, appropriations would be

necessary for the project and it would be necessary to provide

for the project in the next future-years defense program.

‘‘(2) Not less than 30 days before concluding an agreement

for acceptance of host nation support or host nation payment of

operating costs of United States forces as a payment-in-kind, the

Secretary of Defense shall submit to Congress a notification on

the proposed agreement. Any such notification shall contain the

following:

‘‘(A) A description of each activity to be covered by the

payment-in-kind. ‘‘(B) A certification that the costs to be covered by the

payment-in-kind are included in the budget of one or more

of the military departments or that it will otherwise be necessary to provide for payment of such costs in a budget of

one or more of the military departments. ‘‘(C) A certification that, unless the payment-in-kind is

accepted or funds are appropriated for payment of such costs,

the military mission of the United States forces with respect

to the host nation concerned will be adversely affected.’’.

SEC. 1306. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY

STUDIES.

(a) USE OF CONTRIBUTIONS.—Funds received by the United

States Government from the Federal Republic of Germany as its

fair share of the costs of the George C. Marshall European Center

for Security Studies shall be credited to appropriations available

to the Department of Defense for the George C. Marshall European

Center for Security Studies. Funds so credited shall be merged

with the appropriations to which credited and shall be available

for the Center for the same purposes and the same period as

the appropriations with which merged.

(b) WAIVER OF CHARGES.—(1) The Secretary of Defense may

waive reimbursement of the costs of conferences, seminars, courses

of instruction, or similar educational activities of the George C.

Marshall European Center for Security Studies for military officers

and civilian officials of cooperation partner states of the North

Atlantic Cooperation Council or the Partnership for Peace if the

Secretary determines that attendance by such personnel without
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reimbursement is in the national security interest of the United

States.

(2) Costs for which reimbursement is waived pursuant to para- graph (1) shall be paid from appropriations available for the Center.

SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN

ALLIED DEFENSE COOPERATION.

It is the sense of the Senate that the President should use

existing authorities to the greatest extent possible to authorize

the provision of the following types of assistance and cooperation

to countries that are participating in the Partnership for Peace

and are making significant progress in working with the North

Atlantic Treaty Organization: (1) Defense articles and services, as defined in the Foreign Assistance Act of 1961 and the Arms Export Control Act. (2) Loan of materials, supplies, and equipment for research

and development purposes. (3) Leases and loans of major defense equipment and other defense articles.

(4) Cooperative military airlift agreements.

(5) The procurement of communications support and related

supplies and services.

(6) Actions to standardize equipment with North Atlantic

Treaty Organization members.

Subtitle B—Matters Relating to Several

Countries

SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS

BASING ACTIVITIES.

(a) LIMITATION.—The total amount authorized to be appropriated to the Department of Defense for operation and maintenance

and for military construction (including construction and improvement of military family housing) that is obligated to conduct overseas basing activities during fiscal year 1995 may not exceed

$8,181,000,000, except to the extent provided by the Secretary

of Defense under subsection (b).

(b) EXCEPTION.—The Secretary of Defense may increase the

amount of the limitation under subsection (a) by such amount

as the Secretary determines to be necessary in the national interest,

except that such increase may not exceed $400,000,000. The Secretary may not make any such increase until the Secretary notifies

the Congress of the Secretary’s intent to make such an increase

and a period of 15 days elapses after the day on which the notification is received by the Congress. (c) ALLOCATIONS OF SAVINGS.—Any amounts appropriated to

the Department of Defense for fiscal year 1995 for the purposes

covered by subsection (a) that are not available to be used for

those purposes by reason of the limitation in that subsection shall

be allocated by the Secretary of Defense for operation and maintenance and for military construction activities of the Department

of Defense at military installations and facilities located inside

the United States.

(d) DEFINITION.—In this section, the term ‘‘overseas basing

activities’’ has the meaning given such term in section 1401(d)(2)

of the National Defense Authorization Act for Fiscal Year 1994
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(Public Law 103–160; 107 Stat. 1825), except that such term does

not include activities of the Department of Defense for which funds

are provided through appropriations for Military Personnel.

SEC. 1312. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY END STRENGTH LIMITATION.

(a) IN GENERAL.—(1) Chapter 3 of title 10, United States Code,

is amended by inserting after section 123a the following new section:

‘‘§ 123b. Forces stationed abroad: limitation on number

‘‘(a) END-STRENGTH LIMITATION.—No funds appropriated to the

Department of Defense may be used to support a strength level

of members of the armed forces assigned to permanent duty ashore

in nations outside the United States at the end of any fiscal year

at a level in excess of 203,000.

‘‘(b) EXCEPTION FOR WARTIME.—Subsection (a) does not apply

in the event of a declaration of war or an armed attack on any

member nation of the North Atlantic Treaty Organization, Japan,

the Republic of Korea, or any other ally of the United States. ‘‘(c) PRESIDENTIAL WAIVER.—The President may waive the oper- ation of subsection (a) if the President declares an emergency.

The President shall immediately notify Congress of any such

waiver.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘123b. Forces stationed abroad: limitation on number.’’.

(b) EFFECTIVE DATE.—Section 123b of title 10, United States

Code, as added by subsection (a), does not apply with respect

to a fiscal year before fiscal year 1996. (c) CONFORMING REPEAL.—Section 1302 of the National Defense

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

Stat. 2545) is repealed.

SEC. 1313. COST-SHARING POLICY AND REPORT.

(a) POLICY.—It is the policy of the United States that the North Atlantic Treaty Organization (NATO) allies should assist

the United States in paying the incremental costs incurred by

the United States for maintaining members of the Armed Forces

in assignments to permanent duty ashore in European member

nations of NATO solely for support of NATO roles and missions. (b) IMPLEMENTATION.—The President shall take all necessary

actions to ensure the effective implementation of the policy set

forth in subsection (a).

(c) REPORT.—The Secretary of Defense shall include in the annual report required by section 1002(d) of the Department of

Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the following:

(1) A description of the United States military forces

assigned to permanent duty ashore in European member

nations of NATO and an analysis of the cost of providing

and maintaining such forces in such assignment primarily for

support of NATO roles and missions.

(2) A description of the United States military forces

assigned to permanent duty ashore in European member

nations of NATO primarily in support of other United States

interests in other regions of the world and an analysis of

the cost of providing and maintaining such forces in such

assignment primarily for that purpose.
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(3) A specific enumeration and description of the offsets

to United States costs of providing and maintaining United

States military forces in Europe that the United States received

from other NATO member nations in the fiscal year covered

by the report, set out by country and by type of assistance,

including both in-kind assistance and direct cash reimbursement, and the projected offsets for the five fiscal years following

the fiscal year covered by the report.

(d) INCREMENTAL COSTS DEFINED.—For purposes of subsection

(a), the definition provided for the term ‘‘incremental costs’’ in

section 1046 of the National Defense Authorization Act for Fiscal

Years 1992 and 1993, as added by subsection (e), shall apply with

respect to maintaining members of the Armed Forces in assignments to permanent duty ashore in European member nations

of NATO in the same manner as such term applies with respect

to permanent stationing ashore of United States forces in foreign

nations for purposes of subsection (e)(4) of such section 1046.

(e) DEFINITION FOR REPORTING REQUIREMENT.—Section 1046

of the National Defense Authorization Act for Fiscal Years 1992

and 1993 (Public Law 102–190; 105 Stat. 1466; 22 U.S.C. 1928

note) is amended by adding at the end the following new subsection:

‘‘(f) INCREMENTAL COSTS DEFINED.—In this section, the term

‘incremental costs’, with respect to permanent stationing ashore

of United States forces in foreign nations, means the difference

between the costs associated with maintaining United States military forces in assignments to permanent duty ashore in the foreign

nations and the costs associated with maintaining those same military forces at military bases in the United States.’’.

SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY CONSEQUENCES OF UNITED STATES MILITARY COOPERATION PROGRAMS.

(a) REPORT.—The Secretary of Defense shall submit to Congress

a report assessing the national security consequences of United

States military cooperation programs. The report shall be submitted

not later than the date of the submission to Congress of the next

annual report of the Secretary of Defense submitted under section

113 of title 10, United States Code, after the date of the enactment

of this Act.

(b) MATTERS TO BE INCLUDED.—The report under subsection

(a) shall include the following:

(1) A description of cooperative military relationships in

effect.

(2) A description of how activities under those relationships

are intended to improve United States national security.

(3) An assessment of the risks to the United States associated with engaging in military cooperation programs with foreign countries should the government of any of such country

change its political orientation in a manner hostile to United

States interests.

(4) An analysis of the effect on United States national

security of possible multilateral actions to reduce the military

capability of governments and military forces that could pose

a future threat to United States interests.

(5) An assessment of any implications for regional security

effected by existing cooperative military relationships.
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(c) FORM OF REPORT.—The report under subsection (a) shall

be submitted in unclassified form and, to the extent necessary,

in classified form.

SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF

DEFENSE PROGRAMS RELATING TO REGIONAL SECURITY

AND HOST NATION DEVELOPMENT IN THE WESTERN

HEMISPHERE.

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

(1) The political environment in the Western Hemisphere

has been characterized in recent years by significant democratic

advances and an absence of international strife, but democracy

in some nations of the region is fragile.

(2) It is desirable for the Department of Defense to perform

a positive role in influencing the defense establishments and

military forces of nations in the Western Hemisphere to make

positive contributions to the democratic process and to domestic

development programs of their respective nations.

(3) Congress receives a number of annual reports relating

to specific authorities granted to the Secretary of Defense under

title 10, United States Code, such as the authorities relating

to the conduct of bilateral or regional cooperation programs

under section 1051 of that title, participation of developing

countries in combined exercises under section 2010 of that

title, and the training of special operations forces with friendly

forces under section 2011 of that title.

(4) The annual reports are replete with statistics and dollar

figures and generally lacking in substance.

(5) Congress does not receive annual reports with respect

to other authorities of the Secretary of Defense, such as that

relating to Latin American cooperation under section 1050 of

title 10, United States Code.

(6) Testimony before Congress (including in particular the

testimony of the commander of the United States Southern

Command and the commander of the United States Atlantic

Command) has emphasized the conduct of a large number

of complementary programs under the leadership and supervision of those two commanders to foster appropriate military

roles in democratic host nations and to assist countries in

developing forces properly trained to address their security

needs, including needs regarding illegal immigration,

insurgencies, smuggling of illegal arms, munitions, and explosives across borders, and drug trafficking.

(7) Most of the programs referred to in paragraph (6)

provide excellent and often unique training and experience

to the United States forces involved.

(8) Military-to-military contact programs in the Western

Hemisphere provide another tool to encourage a democratic

orientation of the defense establishments and military forces

of countries in the region.

(9) There is a need for the Secretary of Defense to conduct

a comprehensive review of the several authorities in title 10,

United States Code, for the Secretary of Defense to engage

in cooperative regional security programs with other countries

in the Western Hemisphere in order to determine whether

the authorities continue to be appropriate and necessary,
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particularly in the light of the changed circumstances in the

region.

(10) There is a need for the Secretary of Defense to conduct

a comprehensive review of various programs carried out pursuant to such authorities to ensure that such programs are

designed to meet the needs of the host nations involved and

the regional strategic and foreign policy objectives of the United

States, including promotion of sustainable development, effective control of the military by elected civilian authorities, reliable regional security accords, and the appropriate role for

militaries in democratic societies.

(11) There is a need for the Secretary of Defense to assess

the strengths and weaknesses of the various regional security

organizations, defense forums, and defense education institutions in the Western Hemisphere in order to identify any

improvements needed to harmonize the defense policies of the

United States and those of friendly nations of the region.

(b) REVIEW AND REPORT.—Not later than May 1, 1995, the

Secretary of Defense, shall—

(1) in consultation with the Chairman of the Joint Chiefs

of Staff and the commanders of the combatant commands

responsible for regions in the Western Hemisphere, carry out

a comprehensive review and assessment of the matters referred

to in paragraphs (2), (9), (10), and (11) of subsection (a); and

(2) submit to Congress a report on the review and assessment carried out pursuant to paragraph (1).

(c) CONTENT OF REPORT.—The report shall contain a detailed

and comprehensive description, discussion, and analysis of the following:

(1) The Department of Defense plan to support United

States strategic objectives in the Western Hemisphere.

(2) The external and internal threats to the national security of the nations of the region.

(3) The various regional security cooperative programs carried out by the Department of Defense in the region in 1994,

including training and education programs in the host nations

and in the United States and defense contacts set forth on

a country-by-country basis, the statutory authority, if any, for

such programs, and the strategic objectives served.

(4) The various regional security organizations, defense

forums, and defense education institutions that the United

States maintains or in which the United States participates.

(5) The contribution that such programs, defense contacts,

organizations, forums, and institutions make to the advancement of regional security, host nation security and national

development, United States strategic objectives, and United

States foreign policy objectives as described in paragraph (10)

of subsection (a).

(6) United States humanitarian civic assistance and civic

action programs conducted with host countries in the region

and the effect that those programs have had in furthering

the objectives described in paragraph (10) of subsection (a).

(7) The changes made or to be made in the programs,

organizations, forums, and institutions referred to in paragraphs (3), (4), (5), and (6) as a result of the comprehensive

review.
S. 2182—236

(d) RECOMMENDED LEGISLATION.—The report shall include any

recommendations for legislation that the Secretary considers necessary to improve the ability of the Department to achieve its

strategic objectives in the Western Hemisphere.

(e) CLASSIFICATION OF REPORT.—The report shall be submitted

in an unclassified form and may, if necessary, have a classified

supplement.

SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE

ACTIVITIES.

(a) ACTIVITIES AUTHORIZED.—(1) Chapter 6 of title 10, United

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

section:

‘‘§ 168. Military-to-military contacts and comparable activities

‘‘(a) PROGRAM AUTHORITY.—The Secretary of Defense may conduct military-to-military contacts and comparable activities that

are designed to encourage a democratic orientation of defense

establishments and military forces of other countries.

‘‘(b) ADMINISTRATION.—The Secretary may provide funds appropriated for carrying out subsection (a) to the following officials

for use as provided in subsection (c):

‘‘(1) The commander of a combatant command, upon the

request of the commander.

‘‘(2) An officer designated by the Chairman of the Joint

Chiefs of Staff, with respect to an area or areas not under

the area of responsibility of a commander of a combatant command.

‘‘(3) The head of any Department of Defense component. ‘‘(c) AUTHORIZED ACTIVITIES.—An official provided funds under

subsection (b) may use those funds for the following activities

and expenses:

‘‘(1) The activities of traveling contact teams, including

any transportation expense, translation services expense, or

administrative expense that is related to such activities.

‘‘(2) The activities of military liaison teams.

‘‘(3) Exchanges of civilian or military personnel between

the Department of Defense and defense ministries of foreign

governments. ‘‘(4) Exchanges of military personnel between units of the

armed forces and units of foreign armed forces. ‘‘(5) Seminars and conferences held primarily in a theater

of operations.

‘‘(6) Distribution of publications primarily in a theater of

operations.

‘‘(7) Personnel expenses for Department of Defense civilian

and military personnel to the extent that those expenses relate

to participation in an activity described in paragraph (3), (4),

(5), or (6).

‘‘(8) Reimbursement of military personnel appropriations

accounts for the pay and allowances paid to reserve component

personnel for service while engaged in any activity referred

to in another paragraph of this subsection.

‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided

during any fiscal year to an official under subsection (b) for an

activity or expense referred to in subsection (c) shall be in addition
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to amounts otherwise available for those activities and expenses

for that fiscal year. ‘‘(e) LIMITATIONS.—(1) Funds may not be provided under this section for a fiscal year for any activity for which— ‘‘(A) funding was proposed in the budget submitted to Con- gress for that fiscal year pursuant to section 1105(a) of title

31; and

‘‘(B) Congress did not authorize appropriations. ‘‘(2) An activity may not be conducted under this section with a foreign country unless the Secretary of State approves the conduct

of such activity in that foreign country. ‘‘(3) Funds may not be provided under this section for a fiscal year for any country that is not eligible in that fiscal year for

assistance under chapter 5 of part II of the Foreign Assistance

Act of 1961.

‘‘(4) Except for those activities specifically authorized under subsection (c), funds may not be used under this section for the

provision of defense articles or defense services to any country

or for assistance under chapter 5 of part II of the Foreign Assistance

Act of 1961.

‘‘(f) MILITARY-TO-MILITARY CONTACTS DEFINED.—In this section,

the term ‘military-to-military contacts’ means contacts between

members of the armed forces and members of foreign armed forces

through activities described in subsection (c).’’. (2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘168. Military-to-military contacts and comparable activities.’’.

(b) FISCAL YEAR 1995 FUNDING.—Of the amount authorized

to be appropriated under section 301(5) for operation and maintenance for Defense-wide activities, $46,300,000 shall be available

to the Secretary of Defense for the purposes of carrying out activities

under section 168 of title 10, United States Code, as added by

subsection (a).

(c) FISCAL YEAR 1995 ACTIVE DUTY END STRENGTHS.—(1) A

member of a reserve component described in paragraph (2) shall

not be counted (under section 115(a)(1) of title 10, United States

Code) against the applicable end strength limitation for members

of the Armed Forces on active duty for fiscal year 1995 prescribed

in section 401.

(2) Paragraph (1) applies in the case of a member of a reserve

component who is on active duty under a call or order to active

duty for 180 days or more for activities under section 168 of title

10, United States Code, as added by subsection (a). (d) REPORT.—Not later than February 15, 1995, the Secretary

of Defense shall submit to Congress a report on the management

structure of the military-to-military contacts program.

SEC. 1317. EXTENSION OF AUTHORITY TO ENTER INTO CERTAIN

COOPERATIVE AGREEMENT AUTHORITIES TO INCLUDE

THE UNITED NATIONS AND REGIONAL ORGANIZATIONS

OF WHICH THE UNITED STATES IS A MEMBER.

(a) LOGISTICS AGREEMENTS.—Section 2341 of title 10, United

States Code, is amended—

(1) by striking out ‘‘and’’ the first place it appears in paragraph (1) and inserting in lieu thereof a comma; and

(2) by inserting after ‘‘from North Atlantic Treaty Organization subsidiary bodies’’ the following: ‘‘, and from the United
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Nations Organization or any regional international organization

of which the United States is a member’’.

(b) CROSS-SERVICING AGREEMENTS.—Section 2342 of such title

is amended—

(1) in subsection (a)(1)—

(A) by striking out ‘‘with—’’ in the matter preceding subparagraph (A) and inserting in lieu thereof ‘‘with any

of the following:’’; (B) in subparagraph (A)— (i) by capitalizing the first letter of the first word; and

(ii) by striking out the semicolon at the end and inserting in lieu thereof a period;

(C) in subparagraph (B)— (i) by capitalizing the first letter of the first word; and

(ii) by striking out ‘‘; or’’ at the end and inserting in lieu thereof a period;

(D) by redesignating subparagraph (C) as subpara- graph (D) and capitalizing the first letter of the first word

of that subparagraph; and (E) by inserting after subparagraph (B) the following new subparagraph (C):

‘‘(C) The United Nations Organization or any regional inter- national organization of which the United States is a member.’’; (2) in subsection (a)(2), by striking out ‘‘subsidiary body’’ both places it appears and inserting in lieu thereof ‘‘organization’’; and

(3) in subsection (c), by striking out ‘‘as a routine or normal source’’ and inserting in lieu thereof ‘‘or international organization’’.

(c) LAW APPLICABLE TO ACQUISITION AND CROSS-SERVING

AGREEMENTS.—(1) Section 2343 of such title is amended—

(A) by striking out subsection (a); and

(B) by striking out ‘‘(b)’’ before ‘‘Sections’’. (2)(A) The heading of such section is amended to read as follows:

‘‘§ 2343. Waiver of applicability of certain laws’’.

(B) The item relating to such section in the table of sections at the beginning of subchapter I of chapter 138 of such title is

amended to read as follows:

‘‘2343. Waiver of applicability of certain laws.’’.

(d) METHOD OF PAYMENT FOR ACQUISITIONS AND TRANSFERS

BY THE UNITED STATES.—Section 2344(b)(4) of such title is amended

by inserting after ‘‘North Atlantic Treaty Organization subsidiary

bodies’’ the following: ‘‘and the United Nations Organization or

any regional international organization of which the United States

is a member’’.

(e) LIQUIDATION OF ACCRUED CREDITS AND LIABILITIES.—Section 2345(a) of such title is amended by striking out ‘‘three’’ in

the first sentence and inserting in lieu thereof ‘‘12’’. (f) CREDITING OF RECEIPTS.—Section 2346 of such title is

amended by striking out ‘‘shall be credited to applicable appropriations, accounts, and funds of the Department of Defense’’ and inserting in lieu thereof ‘‘shall be credited, at the option of the Secretary

of Defense, to (1) the appropriation, fund, or account used in incur-
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ring the obligation, or (2) an appropriate appropriation, fund, or

account currently available for the purposes for which the expenditures were made’’.

(g) LIMITATION ON AMOUNTS THAT MAY BE OBLIGATED OR

ACCRUED BY THE UNITED STATES.—Section 2347 of such title is

amended—

(1) in subsection (a)(1)—

(A) by striking out ‘‘and’’ the first place it appears

and inserting in lieu thereof a comma;

(B) by inserting after ‘‘subsidiary bodies of the North

Atlantic Treaty Organization’’ the following: ‘‘, or from the

United Nations Organization or any regional international

organization of which the United States is a member’’;

(C) by striking out ‘‘$150,000,000’’ and inserting in

lieu thereof ‘‘$200,000,000’’; and

(D) by striking out ‘‘$25,000,000’’ and inserting in lieu

thereof ‘‘$50,000,000’’;

(2) in subsection (a)(2)—

(A) by striking out ‘‘$10,000,000’’ the first place it

appears and inserting in lieu thereof ‘‘$60,000,000’’;

(B) by striking out ‘‘$2,500,000’’ and inserting in lieu

thereof ‘‘$20,000,000’’; and

(C) by striking out ‘‘$10,000,000’’ the second place it

appears and inserting in lieu thereof ‘‘$60,000,000’’;

(3) in subsection (b)(1)—

(A) by striking out ‘‘and’’ the first place it appears

and inserting in lieu thereof a comma;

(B) by inserting after ‘‘subsidiary bodies of the North

Atlantic Treaty Organization’’ the following: ‘‘, or from the

United Nations Organization or any regional international

organization of which the United States is a member’’;

and

(C) by striking out ‘‘$100,000,000’’ and inserting in

lieu thereof ‘‘$150,000,000’’;

(4) in subsection (b)(2), by striking out ‘‘$10,000,000’’ and

inserting in lieu thereof ‘‘$75,000,000’’; and (5) by adding at the end the following new subsection: ‘‘(c) When the armed forces are involved in a contingency oper- ation or in a non-combat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance

or in support of peacekeeping operations under chapter VI or VII

of the Charter of the United Nations), the restrictions in subsections

(a) and (b) are waived for the purposes and duration of that operation.’’.

(h) DEFINITIONS.—Section 2350 of such title is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘(including airlift)’’ after ‘‘transportation’’;

(B) by inserting ‘‘calibration services,’’ after ‘‘maintenance services,’’; and

(C) by adding at the end the following new sentence:

‘‘Such term includes temporary use of general purpose

vehicles and other items of military equipment not designated as part of the United States Munitions List pursuant to section 38(a)(1) of the Arms Export Control Act.’’;

and

(2) by adding at the end the following new paragraph:
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‘‘(4) The term ‘transfer’ means selling (whether for payment

in currency, replacement-in-kind, or exchange of supplies or

services of equal value), leasing, loaning, or otherwise temporarily providing logistic support, supplies, and services under

the terms of a cross-servicing agreement.’’.

(i) ANNUAL REPORT REQUIREMENT.—(1) Subchapter I of chapter

138 of title 10, United States Code, is amended by inserting after

section 2349 the following new section:

‘‘§ 2349a. Annual report on non-NATO agreements

‘‘(a) REPORT.—The Secretary of Defense shall submit to Congress, not later than January 15 of each of 1996, 1997, 1998,

1999, and 2000, a report covering non-NATO cross-servicing and

acquisition actions in effect during the preceding fiscal year.

‘‘(b) MATTERS TO BE INCLUDED.—Each such report shall set

forth in detail the following with respect to the preceding fiscal

year:

‘‘(1) The total dollar amounts involved.

‘‘(2) A description of any services and equipment provided

or received through those actions.

‘‘(3) A description of any equipment provided through those

actions that is not returned.

‘‘(4) The volume of credits and liabilities accrued and liquidated.

‘‘(c) NON-NATO AGREEMENTS.—For purposes of this section,

a non-NATO cross-servicing and acquisition agreement is a crossservicing and acquisition agreement under this subchapter that

involves countries or organizations other than North Atlantic Treaty

Organization countries or subsidiary bodies.’’. (2) The table of sections at the beginning of such subchapter

is amended by inserting after the item relating to section 2349

the following new item:

‘‘2349a. Annual report on non-NATO agreements.’’.

(j) EFFECTIVE DATE.—The amendments made by this section

shall apply with regard to any acquisition or transfer of logistic

support, supplies, and services under the authority of subchapter

I of chapter 138 of title 10, United States Code, that is initiated

after the date of the enactment of this Act.

SEC. 1318. PERMANENT AUTHORITY FOR DEPARTMENT OF DEFENSE

TO SHARE EQUITABLY THE COSTS OF CLAIMS UNDER

INTERNATIONAL ARMAMENTS COOPERATIVE PROGRAMS.

Subsection (c) of section 843 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2469;

10 U.S.C. 2350a note) is repealed.

Subtitle C—Matters Relating to Specific

Countries

SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES

AND ISRAEL.

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

(1) The President has reiterated the long-standing United

States commitment to maintaining the qualitative superiority
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of the Israeli Defense Force over any combination of adversaries.

(2) Congress continues to recognize the many benefits to

the United States from its strategic relationship with Israel,

including enhancing regional stability and technical cooperation.

(3) Despite the momentous peace process in which Israel

and its neighbors are productively engaged, Israel continues

to face difficult threats to its national security that are

compounded by the proliferation of weapons of mass destruction

and ballistic missiles.

(4) Congress is supportive of the objective of the President

to enhance United States-Israel military and technical cooperation, particularly in the areas of missile defense and counterproliferation.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the President should ensure that any conventional

defense system or technology offered for release to any NATO

or other major non-NATO ally should concurrently be available

for purchase by Israel unless such action would contravene

United States national interests; and

(2) the President should make available to Israel, within

existing technology transfer laws, regulations, and policies,

advanced United States technology necessary for continued

progress in cooperative United States-Israel research and development of theater missile defenses.

SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF

KOREA.

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

(1) Under existing security arrangements between the

United States and the Republic of Korea, responsibility for

the defense of the territory of the Republic of Korea is allocated

so that the Republic of Korea has primary responsibility for

the ground defense of its territory and the United States has

primary responsibility for air and sea defense of the Korean

peninsula and for reinforcement.

(2) The Force Improvement Program of the Republic of

Korea has not fully addressed critical shortfalls in its ground

force capability which continue to exist even though the Republic of Korea spends approximately $12,000,000,000 annually

on defense while the Democratic People’s Republic of Korea

spends approximately $4,000,000,000 annually on defense. The

Republic of Korea has directed substantial defense resources

to procuring submarines, destroyers, advanced aircraft, and

other military systems that are marginal to its primary ground

defense responsibility.

(3) The defense acquisition decisions of the Republic of

Korea have had the effect of not allowing the Republic of

Korea to attain self-sufficiency in its ground defense responsibility. As a result, there exists an undue burden on the United

States for the ground defense of the Korean peninsula.

(4) The lack of intelligence capability to forecast the military intentions of the Democratic People’s Republic of Korea

presents major problems for the combined United States-Republic of Korea defense of South Korea.
S. 2182—242

(5) A short-warning attack by the Democratic People’s

Republic of Korea would cause major losses to the combined

United States-Republic of Korea ground force.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the President should urge the Republic of Korea to continue to

improve its military ground forces with emphasis on counterartillery

capabilities, defense against ballistic missiles and weapons of mass

destruction, combined United States-Republic of Korea logistics

capabilities, combined United States-Republic of Korea medical support, and combined United States-Republic of Korea capabilities

for tactical intelligence and indications and warning of a North

Korean attack.

(c) REPORT.—Not later than January 15, 1995, the Secretary

of Defense shall submit to Congress a report, in classified form,

on—

(1) the readiness of the military forces of the Republic

of Korea to defeat an attack by the military forces of the

Democratic People’s Republic of Korea; and

(2) the adequacy of the defense acquisition strategy of

the Republic of Korea to meet its primary ground defense

mission.

SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF

A FORCE REQUIRED FOR A MAJOR REGIONAL CONTINGENCY ON THE KOREAN PENINSULA.

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

(1) The Secretary of Defense conducted the Bottom-Up

Review during 1993 to establish the size and structure for

the Armed Forces for the Post-Cold-War era.

(2) The report on the Bottom-Up Review cites the need

for the Armed Forces to be large enough to prevail in two

major regional conflicts ‘‘nearly simultaneously’’. (3) The report on the Bottom-Up Review gives special

consideration to a scenario that hypothesizes that the two

‘‘nearly simultaneous’’ conflicts would occur in Korea and the

Persian Gulf.

(4) The United States sent 7 Army divisions, the equivalent

of 10 Air Force tactical fighter wings, 70 heavy bombers, 6

Navy aircraft carrier battle groups, and 5 Marine Corps brigades to the Persian Gulf to fight the war against Iraq. (5) The report on the Bottom-Up Review asserts that the

forces needed to fight two conflicts similar to that with Iraq

can be drawn from a total military force of between 15 and

16 Army divisions, 20 Air Force tactical fighter wings, up

to 184 heavy bombers, 11 active Navy aircraft carriers (along

with one reserve/training carrier), and the equivalent of 12

Marine Corps brigades.

(6) The report on the Bottom-Up Review recognizes that

approximately 100,000 members of the Armed Forces will be

stationed in Europe.

(7) The report on the Bottom-Up Review recognizes that

sizeable numbers of United States forces could be involved

in peace enforcement and intervention operations at any one

time.

(8) The report on the Bottom-Up Review makes no specific

recommendation as to the number of forces to be held in reserve

to provide a rotation base either to relieve troops in the event
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one or both hypothetical conflicts result in lengthy deployments

or to replace combat losses.

(9) Military planners calculate that 430,000 or more United

States military personnel may be needed to win a war with

North Korea begun by an invasion of South Korea by North

Korea.

(10) In a worst case scenario, the size of the force military

planners may request to help defend South Korea could exceed

the levels that are consistent with the recommendations of

the report on the Bottom-Up Review if the existing and future

force requirements for a presence in Europe, possible peace

enforcement operations, and an adequate rotation base, as well

as a second regional conflict, must be fulfilled simultaneously.

(11) The Bottom-Up Review was conducted for the purpose

of force-sizing and was not meant to constrain operational

planning.

(b) SENSE OF CONGRESS CONCERNING BUR.—It is the sense

of Congress that—

(1) the force structure identified in the report on the Bottom-Up Review should not be used to limit the size or structure

of the force that United States military commanders may

request in preparation for a major regional contingency on

the Korean peninsula; and

(2) the conclusions of the Bottom-Up Review should be

continuously examined in light of the lessons learned from

preparation for a major regional contingency on the Korean

peninsula and from other military operations.

(c) SENSE OF CONGRESS CONCERNING SITUATION ON KOREAN

PENINSULA.—It is the sense of Congress that the chairmen and

ranking minority members of the Committees on Armed Services

and chairmen and ranking minority members of the Appropriations

Subcommittees on Defense of the Senate and House of Representatives should receive regular briefings from the Secretary of Defense

on the situation on the Korean peninsula.

SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN

NUCLEAR WEAPONS DEVELOPMENT PROGRAM.

(a) FINDINGS.—Congress makes the following findings: (1) Between 1950 and 1953, the United States led a military

coalition that successfully repelled an invasion of the Republic

of Korea by North Korea, at a cost of more than 54,000 American lives.

(2) The United States and the Republic of Korea ratified

a Mutual Security Treaty in 1954 that commits the United

States to helping the Republic of Korea defend itself against

external aggression.

(3) Approximately 37,000 United States military personnel

are presently stationed in the Republic of Korea.

(4) The United States and the Republic of Korea have

regularly conducted joint military exercises, including ‘‘Team

Spirit’’ exercises.

(5) North Korea has built up an armed force nearly twice

the size of that in the Republic of Korea and has not renounced

the use of force, terrorism, and subversion in its attempts

to subdue and subjugate the Republic of Korea.

(6) Although North Korea signed the Treaty on the NonProliferation of Nuclear Weapons in 1985, it has impeded the
S. 2182—244

international inspection of its nuclear facilities that is required

of all signatories of that Treaty.

(7) North Korea’s nuclear weapons and ballistic missile

programs represent a grave threat to the security of the Korean

peninsula and the entire world.

(8) Efforts in recent years by the United States to reduce

tensions on the Korean peninsula have included—

(A) the withdrawal of all nuclear weapons from the

territory of the Republic of Korea and a reduction in the

number of United States military personnel stationed there;

(B) the postponement of the 1994 Team Spirit exercises;

(C) the establishment of direct diplomatic contacts with

the North Korean government; and

(D) the offer of expanded diplomatic and economic contacts with North Korea.

(9) Weapons-grade plutonium can be extracted from the

fuel rods removed from North Korea’s principal reactor at

Yongbyon.

(10) International inspectors were not permitted to examine

and test in a timely manner spent fuel rods removed from

North Korea’s principal nuclear reactor at Yongbyon, as

required to ensure compliance with North Korea’s obligations

under the Nuclear Non-Proliferation Treaty.

(11) Diplomacy concerning the North Korean nuclear program has clearly reached a crucial stage, the unsatisfactory

resolution of which would place the international nonproliferation regime in jeopardy and threaten the peace and security

of the Korean peninsula, the Northeast Asia region, and, by

extension, the rest of the world.

(b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) the announced freeze on the North Korean nuclear

program should remain in place until internationally agreedupon safeguards of any North Korean civilian nuclear program

can be made fully effective; (2) the North Korean government should take a further

step toward verified cooperation with the international nonproliferation regime by— (A) permitting the unfettered international inspection

and testing of the spent fuel rods removed from North

Korea’s nuclear reactor at the Yongbyon nuclear complex,

followed by adequate international supervision of the transfer of all spent fuel rods from the Yongbyon complex and

their disposal in another country; and (B) accepting a comprehensive inspection process as

required by the Treaty on the Non-Proliferation of Nuclear

Weapons;

(3) a resolution of the inspection controversy at the

Yongbyon complex that allows for anything less than the full

international inspection of facilities in that complex required

by North Korea’s obligations under the Nuclear Non-Proliferation Treaty—

(A) would be unsatisfactory; and

(B) should prompt the Government of the United States

to take such action as would indicate the severity with

which the United States views this provocation against

international norms; and
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(4) such action should include (but not necessarily be limited to)—

(A) the seeking of international sanctions against

North Korea; and

(B) the rescheduling of the Team Spirit exercises for

1994.

SEC. 1325. REPORT ON SECURITY RELATIONSHIP BETWEEN THE

UNITED STATES AND JAPAN.

(a) REPORT REQUIRED.—Not later than March 1, 1995, the

Secretary of Defense shall submit a report to Congress regarding

the security relationship between the United States and Japan.

(b) CONTENT OF REPORT.—The report required by this section

shall contain the following:

(1) An evaluation of the security objectives that the United

States hopes to achieve in its relationship with Japan.

(2) An analysis of the threats, dangers, and risks to the

United States and Japan in the Asia-Pacific region.

(3) An explanation of the United States strategy for achieving its security objectives with Japan and in the Asia-Pacific

region.

(4) An evaluation of the role of the United States-Japan

Security Treaty in achieving United States security objectives

with Japan and in the Asia-Pacific region.

(5) An analysis of the contributions that regional security

discussions, consultations, or frameworks could make to the

achievement of United States and Japanese security objectives.

(6) A discussion of the process by which the United States

and Japan address joint infrastructure matters, such as land

and training issues, throughout Japan, including Okinawa.

(7) A description of the United States military facilities

in Japan, including Okinawa, that have been transferred to

Japan in the previous 10 years.

(8) A description of the contribution that Japan makes

to the costs incurred by the United States in stationing military

forces in Japan.

(9) A review of the United States military presence in

Japan, including Okinawa, that contains the following information:

(A) The number and location of United States personnel.

(B) The number, size, and location of major United

States military units.

(C) An inventory and description of the utilization of

United States military facilities, including their military,

economic, and environmental aspects.

(D) An explanation of the status of discussion between

the United States and Japanese governments on joint infrastructure matters.

(E) A description of United States training activities.
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TITLE XIV—PEACE OPERATIONS AND

HUMANITARIAN ASSISTANCE ACTIVITIES

Subtitle A—Peace Operations

SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE OPERATIONS.

(a) REPORTS REQUIRED.—The Secretary of Defense shall submit

to Congress two reports on proposals by the United States for

improving management by the United Nations of peace operations.

The Secretary shall submit the first report not later than December

1, 1994, and the second not later than June 1, 1995.

(b) STATUS OF IMPLEMENTATION OF UNITED STATES PROPOSALS.—Each report shall contain—

(1) a discussion of the status of implementation of proposals

by the United States contained in section IV (relating to

strengthening the United Nations) of the document entitled

‘‘The Clinton Administration’s Policy on Reforming Multilateral

Peace Operations’’ that was issued by the Executive Office

of the President in May 1994; and

(2) an analysis of the results of such implementation.

(c) SUBJECTS TO BE COVERED.—Each report shall cover, at

a minimum, the following matters:

(1) The reconfiguration and expansion of the staff for the

United Nations Department of Peacekeeping Operations. (2) The reasons for lengthy, potentially disastrous delays

after a peace operation has been authorized and steps by the

United Nations to reduce those delays. (3) The establishment by the United Nations of a professional peace operations training program for commanders and

other military and civilian personnel. (4) Assistance by the United States to facilitate improvements by the United Nations in the matters described in paragraphs (1) and (3) and the terms under which such assistance

has been or is being provided.

(d) PEACE OPERATION DEFINED.—In this section, the term

‘‘peace operation’’ means an operation to maintain or restore international peace and security under chapter VI or chapter VII of

the Charter of the United Nations.

SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF

BOSNIA PEACEKEEPING DEPLOYMENT.

(a) REPORT.—(1) The Secretary of Defense shall submit to the

congressional defense committees a report assessing the implications for United States military readiness of the participation of

United States ground combat forces in peacekeeping operations

within Bosnia-Hercegovina.

(2) The report shall be submitted not later than 90 days after

the date of the enactment of this Act or 30 days following the

deployment of United States ground forces to Bosnia-Hercegovina,

whichever occurs sooner.

(b) MATTERS TO BE INCLUDED.—The report under subsection

(a) shall include the following:
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(1) An estimate of the total number of forces required

to carry out such an operation, including forces required for

a rotation base.

(2) An estimate of the expected duration of such an operation.

(3) An estimate of the cost of such an operation, together

with an explanation of how the Secretary proposes to provide

funds for such an operation and an assessment of how such

proposed funding plan would affect overall military readiness.

(4) An assessment of the effect such an operation would

have on the ability of the United States Armed Forces to

execute successfully the two nearly-simultaneous major regional

conflict strategy articulated in the Bottom-Up Review.

(5) An assessment of how readily forces participating in

such an operation could be redeployed to a major regional

conflict, including an analysis of the availability of strategic

lift, the likely condition of equipment, and the extent of retraining necessary to facilitate such a redeployment.

(6) An assessment of the effect such an operation would

have on the general combat readiness and deployability of

combat units designated to be part of the contingency force,

including the extent to which contingency force combat units

would support the initial deployment and subsequent rotations.

(7) An assessment of the effect such an operation would

have on the general combat readiness and deployability of

combat units not designated to be part of the contingency

force, including the extent to which non-contingency force combat units would support the initial deployment and subsequent

rotations.

(8) For the initial deployment and subsequent rotations,

an assessment of the number and type of combat support

and combat service support units required from active forces,

including how many of such units are designated to support

the deployment of the contingency force. (9) An assessment of the degree to which such an operation

would require the use of reserve component units and personnel

and the use and timing of involuntary Selected Reserve callup authority as provided by section 673b of title 10, United

States Code.

(10) An assessment of the anticipated cost of equipment

refurbishment resulting from such an operation. (11) An assessment of how the increased operational tempo

associated with such an operation would affect the mission

capable readiness rates and overall health of both strategic

and theater airlift assets.

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘contingency force’’ includes—

(A) the set of four or five Army divisions that is designated as the Army contingency force by the Secretary

of the Army, as well as Army active duty and reserve

component combat, combat support, and combat service

support units designated to respond to a regional conflict

within the first 75 days of such conflict; and

(B) Air Force, Navy, and Marine Corps active duty

and reserve component combat, combat support, and combat service support units designated to respond to a

regional conflict within the first 75 days of such conflict.
S. 2182—248

(2) The term ‘‘Bottom-Up Review’’ means the October 1993

Department of Defense report entitled ‘‘Report on the BottomUp Review’’.

(d) CLASSIFICATION OF REPORT.—The report required by sub- section (a) shall be submitted in unclassified form and, if necessary,

in classified form.

SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM

UNITED STATES ACTIVITIES IN SOMALIA.

(a) REPORT.—The Secretary of Defense shall submit to Congress a report on the intelligence lessons learned from the United States

participation in United Nations activities in Somalia. (b) MATTERS TO BE INCLUDED.—The report shall— (1) specifically describe the availability of intelligence on forces of other nations and of indigenous forces operating in

Somalia before, during, and after the insertion of United States

forces; and

(2) set forth a complete review of any intelligence failures, any equipment failures, and any equipment unavailability in

the theater.

(c) SUBMISSION OF REPORT.—The report shall be submitted

not later than 180 days after the date of the enactment of this

Act.

SEC. 1404. BOSNIA AND HERCEGOVINA.

(a) PURPOSE.—It is the purpose of this section— (1) to express the sense of Congress concerning the inter- national efforts to end the conflict in Bosnia and Hercegovina;

and

(2) to establish a process to end the arms embargo on the Government of Bosnia and Hercegovina.

(b) STATEMENT OF SUPPORT.—The Congress supports the efforts of the Contact Group to bring about a peaceful settlement of the

conflict in Bosnia and Hercegovina based upon the Contact Group

proposal. (c) SENSE OF CONGRESS.—It is the sense of Congress that: (1) The United States should work with the member nations

of the North Atlantic Treaty Organization and with other

permanent members of the United Nations Security Council

to bring about a peaceful settlement of the conflict in Bosnia

and Hercegovina which maintains the territorial integrity of

Bosnia and Hercegovina. (2) A peaceful settlement of the conflict must preserve

an economically, politically, and militarily viable Bosnian state

capable of exercising its rights under the Charter of the United

Nations as part of a peaceful settlement, which rights include

the inherent right of a sovereign state to self defense. (3) The acceptance of the Contact Group proposal by the Government of Bosnia and Hercegovina should lead to the

lifting of the Bosnia arms embargo.

(4) In providing weapons to the Bosnian Government or

taking other actions, care should be taken to provide for the

safety of the United Nations Protection Force (UNPROFOR)

and the civilian personnel working for the United Nations

or nongovernmental volunteer organizations.

(5) The United States should immediately seek to organize

an international effort to provide assistance to the states

bordering Serbia and Montenegro to bring about more effective
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enforcement by those states of the international economic sanctions on the Government of Serbia and Montenegro.

(d) GENERAL UNITED STATES POLICY.—The United States

should exercise leadership within the international community to

cause the Bosnian Serb faction to accept the Contact Group proposal. Such action should be taken on separate but complementary

international and unilateral tracks, as set forth in subsections (e),

(f), and (g).

(e) INTERNATIONAL POLICY.—If the Bosnian Serbs do not accept

the Contact Group proposal by the date that is the later of October

15, 1994, or the end of the 10-day period beginning on the date

of the enactment of this Act, the President (or his representative)

should, not later than 14 days thereafter, formally introduce and

support in the United Nations Security Council a resolution to

terminate the Bosnia arms embargo. The resolution should provide

for the termination of the arms embargo no later than December

1, 1994 (and may allow for the termination to be accomplished

in stages ending no later than that date).

(f) UNILATERAL UNITED STATES POLICY.—(1) If by the earlier

of November 15, 1994, or the end of the 15-day period beginning

on the date on which a resolution described in subsection (e) (or

a similar resolution) is formally introduced, the United Nations

Security Council has not agreed to such a resolution and the

Bosnian Serbs have not accepted the Contact Group proposal—

(A) the funding limitation specified in paragraph (2) shall

be in effect;

(B) the President shall submit a plan to, and shall consult

with, Congress on the manner in which United States Armed

Forces and the military forces of friendly states would provide

training to the armed forces of the Government of Bosnia

and Hercegovina outside of the territory of Bosnia and

Hercegovina; and (C) the President shall submit a plan to, and shall consult

with, Congress regarding the unilateral termination by the

United States of compliance with the Bosnia arms embargo

and the implications thereof.

(2) If the funding limitation specified in this paragraph is in effect pursuant to paragraph (1)(A), then no funds appropriated

by any provision of law may be used for the purpose of participation

in, support for, or assistance to the enforcement of the Bosnia

arms embargo by any Department, agency or other entity of the

United States (or by any officer or employee of the United States

or member of the Armed Forces of the United States) other than

as required of all United Nations member states under the United

Nations Security Council resolution referred to in subsection (h)(3)

and the Charter of the United Nations.

(3)(A) The President may waive the limitation in paragraph

(2) in the case of United States military personnel serving in NATO

headquarters positions.

(B) Nothing in paragraph (2) is intended to impede enforcement

of sanctions against Serbia.

(g) INTERIM POLICY.—If the Bosnian Serb faction attacks any

area within those areas that have been designated by the United

Nations as ‘‘safe areas’’, the President (or his representative) should

promptly formally introduce and support in the United Nations

Security Council a resolution that authorizes a selective lifting

of the Bosnia arms embargo in order to allow the provision of
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defensive weapons (such as anti-tank weapons, counter-battery

radars, and mortars) to enable the forces of the Government of

Bosnia and Hercegovina to defend the safe areas.

(h) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Contact Group’’ means the group composed

of representatives of the United States, Russia, France, Britain,

and Germany seeking to bring about a peaceful settlement

of the conflict in Bosnia and Hercegovina.

(2) The term ‘‘Contact Group proposal’’ means the peace

proposal of the Contact Group that has been agreed to by

the Government of Bosnia and Hercegovina and rejected by

the Bosnian Serb faction.

(3) The term ‘‘Bosnia arms embargo’’ means application

to the Government of Bosnia and Hercegovina of the arms

embargo imposed by United Nations Security Council resolution

713, of September 25, 1991.

Subtitle B—Assistance Activities

SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

(a) OHDACA PROGRAMS.—For purposes of section 301 and other

provisions of this Act, programs of the Department of Defense

designated as Overseas Humanitarian, Disaster, and Civic Aid

(OHDACA) programs are the programs provided by—

(1) sections 401, 402, 2547, and 2551 of title 10, United

States Code;

(2) section 404 of title 10, United States Code, as added

by section 1412; and

(3) section 1413 of this Act.

(b) LIMITATION.—Not more than one-half of the amount authorized to be appropriated in section 301 for those programs may

be obligated until the regulations required to be prescribed by

subsection (a) of section 1504 of the National Defense Authorization

Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1839)

have been prescribed.

SEC. 1412. FOREIGN DISASTER ASSISTANCE.

(a) AUTHORITY.—Subchapter I of chapter 20 of title 10, United

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

section:

‘‘§ 404. Foreign disaster assistance

‘‘(a) IN GENERAL.—The President may direct the Secretary of

Defense to provide disaster assistance outside the United States

to respond to manmade or natural disasters when necessary to

prevent loss of lives.

‘‘(b) FORMS OF ASSISTANCE.—Assistance provided under this

section may include transportation, supplies, services, and equipment.

‘‘(c) NOTIFICATION REQUIRED.—Not later than 48 hours after

the commencement of disaster assistance activities to provide assistance under this section, the President shall transmit to Congress

a report containing notification of the assistance provided, and

proposed to be provided, under this section and a description of

so much of the following as is then available:
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‘‘(1) The manmade or natural disaster for which disaster

assistance is necessary.

‘‘(2) The threat to human lives presented by the disaster.

‘‘(3) The United States military personnel and material

resources that are involved or expected to be involved.

‘‘(4) The disaster assistance that is being provided or is

expected to be provided by other nations or public or private

relief organizations.

‘‘(5) The anticipated duration of the disaster assistance

activities.

‘‘(d) ORGANIZING POLICIES AND PROGRAMS.—Amounts appropriated to the Department of Defense for any fiscal year for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs

of the Department shall be available for organizing general policies

and programs for disaster relief programs for disasters occurring

outside the United States.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the

following new item:

‘‘404. Foreign disaster assistance.’’.

SEC. 1413. HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING

LANDMINES.

(a) PROGRAM AUTHORIZED.—The Secretary of Defense shall

carry out a program for humanitarian purposes to provide assistance to other nations in the detection and clearance of landmines.

Such assistance shall be provided through instruction, education,

training, and advising of personnel of those nations in the various

procedures that have been determined effective for detecting and

clearing landmines. (b) FORMS OF ASSISTANCE.—The Secretary may provide assist- ance under subsection (a) by— (1) providing Department of Defense personnel to conduct

the instruction, education, or training or to furnish advice;

or

(2) providing financial assistance or in-kind assistance in

support of such instruction, education, or training.

(c) LIMITATION ON UNITED STATES MILITARY PERSONNEL.—The

Secretary of Defense shall ensure that no member of the Armed

Forces of the United States—

(1) while providing assistance under subsection (a), engages

in the physical detection, lifting, or destroying of landmines

(unless the member does so for the concurrent purpose of

supporting a United States military operation); or (2) provides such assistance as part of a military operation

that does not involve the Armed Forces of the United States.

(d) USE OF FUNDS.—Of the amount authorized to be appropriated by section 301 for Overseas Humanitarian, Disaster, and

Civic Aid (OHDACA) programs of the Department of Defense, not

more than $20,000,000 shall be available for the program under

subsection (a). Such amount may be used—

(1) for activities to support the clearing of landmines for

humanitarian purposes, including activities relating to the furnishing of education, training, and technical assistance;

(2) for the provision of equipment and technology by transfer or lease to a foreign government that is participating in

a landmine clearing program under this section; and
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(3) for contributions to nongovernmental organizations that

have experience in the clearing of landmines to support activities described in subsection (a).

(e) NOTICE TO CONGRESS.—The Secretary of Defense shall provide notice to Congress of any activity carried out under this section.

TITLE XV—ARMS CONTROL MATTERS

SEC. 1501. EXTENSION AND REVISION OF NONPROLIFERATION

AUTHORITIES.

(a) EXTENSION OF NONPROLIFERATION AUTHORITIES.—Section

1505 of the National Defense Authorization Act for Fiscal Year

1993 (22 U.S.C. 5859a) is amended—

(1) in subsection (a), by striking out ‘‘during fiscal year

1994’’ and inserting in lieu thereof ‘‘during fiscal years 1994

and 1995’’; and

(2) in subsection (e)(1), by striking out ‘‘fiscal year 1994’’

and inserting in lieu thereof ‘‘fiscal years 1994 and 1995’’.

(b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE PROVIDED.—

Subsection (b) of such section is amended—

(1) in paragraph (1)—

(A) by striking out ‘‘the International Atomic Energy

Agency (IAEA)’’ and inserting in lieu thereof ‘‘international

organizations’’;

(B) by striking out ‘‘nuclear’’;

(C) by striking out ‘‘aggressive’’ and inserting in lieu

thereof ‘‘effective’’; and

(D) by striking out ‘‘the Treaty on’’ and all that follows

in such paragraph and inserting in lieu thereof ‘‘international agreements on nonproliferation.’’; and

(2) in paragraph (4), by striking out ‘‘nuclear proliferation

through joint technical projects and improved intelligence sharing’’ and inserting in lieu thereof ‘‘nuclear, biological, chemical,

and missile proliferation through technical projects and

improved information sharing’’.

(c) SOURCES OF ASSISTANCE.—Subsection (d) of such section

is amended—

(1) in paragraph (1)— (A) by inserting ‘‘for fiscal year 1994’’ after ‘‘under

this section’’; and

(B) by striking out ‘‘fiscal year 1994 or’’ and inserting

in lieu thereof ‘‘fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived

from amounts made available to the Department of Defense

for fiscal year 1995. Funds provided as assistance under

this section for a fiscal year referred to in this paragraph

may also be derived’’; and

(2) in paragraph (3), by inserting after ‘‘$25,000,000’’ the

following: ‘‘for fiscal year 1994 or $20,000,000 for fiscal year

1995’’.

SEC. 1502. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED STATES.

(a) NAME AND COMPOSITION.—Subsection (a) of section 1605

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103–160; 107 Stat. 1845) is amended—
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(1) in paragraph (1)—

(A) by striking out ‘‘Non-Proliferation Program Review

Committee’’ in the matter preceding subparagraph (A) and

inserting in lieu thereof ‘‘Counterproliferation Program

Review Committee’’;

(B) by striking out subparagraphs (B) and (E); and

(C) by redesignating subparagraphs (C), (D), and (F)

as subparagraphs (B), (C), and (D), respectively;

(2) in paragraph (2), by adding at the end the following:

‘‘The Secretary of Energy shall serve as the Vice Chairman

of the committee.’’;

(3) in paragraph (4), by adding at the end the following:

‘‘The Secretary of Energy may delegate to the Under Secretary

of Energy responsible for national security programs of the

Department of Energy the performance of the duties of the

Vice Chairman of the committee.’’; and

(4) by striking out paragraph (5).

(b) PURPOSES OF COMMITTEE.—Subsection (b) of such section

is amended—

(1) in paragraph (1)(A), by striking out ‘‘nonproliferation

policy’’ and inserting in lieu thereof ‘‘counterproliferation policy’’; and

(2) by adding at the end the following new paragraphs:

‘‘(3) To establish priorities for programs and funding.

‘‘(4) To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary

levels of funding to develop, operate, and field highly-capable

systems. ‘‘(5) To ensure that Department of Energy programs are

integrated with the operational needs of other departments

and agencies of the Government. ‘‘(6) To ensure that Department of Energy national security

programs include technology demonstrations and prototype

development of equipment.’’.

(c) DUTIES.—Subsection (c) of such section is amended—

(1) in paragraph (1)— (A) by striking out ‘‘(including counterproliferation capabilities) and technologies for support of United States

nonproliferation policy’’ in the matter preceding subparagraph (A) and inserting in lieu thereof ‘‘and technologies

for support of United States nonproliferation policy and

counterproliferation policy’’; (B) by inserting ‘‘and’’ at the end of subparagraph (D); and

(C) by striking out subparagraphs (F) and (G);

(2) by striking out paragraphs (2), (3), and (7);

(3) in paragraph (4), by striking out ‘‘to support fully the

nonproliferation policy of the United States’’;

(4) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; and

(5) by adding at the end the following new paragraph

(5):

‘‘(5) assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including,

particularly, the status of recommendations made during such

preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United
S. 2182—254

States Code, for the fiscal year following the fiscal year in

which the assessment is made.’’.

(d) COMMITTEE RECOMMENDATIONS.—Subsection (e) of such section is amended to read as follows:

‘‘(e) RECOMMENDATIONS.—The committee shall submit to the

President and the heads of all appropriate departments and agencies of the Government such programmatic recommendations

regarding existing, planned, or new programs as the committee

considers appropriate to encourage funding for capabilities and

technologies at the level necessary to support United States

counterproliferation policy.’’.

(e) EXTENSION OF COMMITTEE.—Subsection (f) of such section

is amended by striking out ‘‘six months after the date on which

the report of the Secretary of Defense under section 1606 is submitted to Congress’’ and inserting in lieu thereof ‘‘at the end of September 30, 1996’’.

(f) HEADING AMENDMENT.—The heading of such section is

amended by striking out ‘‘PROLIFERATION’’ and inserting in lieu

thereof ‘‘COUNTERPROLIFERATION’’.

SEC. 1503. REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND

PROGRAMS.

(a) REPORT REQUIRED.—(1) Not later than May 1, 1995, and

May 1, 1996, the Secretary of Defense shall submit to Congress

a report of the findings of the Counterproliferation Program Review

Committee established by subsection (a) of the Review Committee

charter.

(2) For purposes of this section, the term ‘‘Review Committee

charter’’ means section 1605 of the National Defense Authorization

Act for Fiscal Year 1994 (Public Law 103–160), as amended by

section 1502.

(b) CONTENT OF REPORT.—Each report under subsection (a)

shall include the following:

(1) A complete list, by specific program element, of the

existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.

(2) A complete description of the requirements and priorities established by the Review Committee.

(3) A comprehensive discussion of the near-term, mid-term,

and long-term programmatic options formulated by the Review

Committee for meeting requirements prescribed by the Review

Committee and for eliminating deficiencies identified by the

Review Committee, including the annual funding requirements

and completion dates established for each such option.

(4) An explanation of the recommendations made pursuant

to subsection (c) of the Review Committee charter, together

with a full discussion of the actions taken to implement such

recommendations or otherwise taken on the recommendations.

(5) A discussion and assessment of the status of each

Review Committee recommendation during the fiscal year

preceding the fiscal year in which the report is submitted,

including, particularly, the status of recommendations made

during such preceding fiscal year that were reflected in the

budget submitted to Congress pursuant to section 1105(a) of

title 31, United States Code, in the fiscal year of the report.
S. 2182—255

(6) Each specific Department of Energy program that the

Secretary of Energy plans to develop to initial operating capability and each such program that the Secretary does not plan

to develop to initial operating capability.

(7) For each technology program scheduled to reach initial

operational capability, a recommendation from the Chairman

of the Joint Chiefs of Staff that represents the views of the

commanders of the unified and specified commands regarding

the utility and requirement of the program.

(c) FORMS OF REPORT.—Each such report shall be submitted

in both unclassified and classified forms, including an annex to

the classified report for special compartmented information programs, special access programs, and special activities programs.

SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

(a) COUNTERPROLIFERATION ACTIVITIES.—Of the amount

authorized to be appropriated in section 201(4), $16,500,000 shall

be available for counterproliferation activities.

(b) LIMITATION.—(1) Of the funds made available pursuant

to subsection (a), $4,000,000 may not be obligated until the Secretary of Defense submits to Congress a report on a proposed

classified counterproliferation database system. The report shall

provide—

(A) an assessment of current major databases and software

capabilities of entities in the intelligence community and of

national weapons laboratories and laboratories of the Armed

Forces against capabilities defined in the proposed project; and

(B) an assessment of the technical feasibility of the proposed system, program plan, strategy, milestones and future

year funding.

(2) No funds may be obligated for the database system described

in the report until the Secretary of Defense and the Director of

Central Intelligence enter into a written agreement concerning the

program to develop that database system that provides— (A) how funding for that program is to be divided between (i) the account of the National Foreign Intelligence Program,

and (ii) Tactical Intelligence and Related Program accounts;

and

(B) a plan for the sources of funds for, and the programmed

amounts for, that program for fiscal years after fiscal year

1995.

(c) EDUCATION IN SUPPORT OF COUNTERPROLIFERATION ACTIVI- TIES.—Of the amount authorized to be appropriated in section

301(5), not more than $2,000,000 shall be available for providing

education to members of the Armed Forces in matters relating

to counterproliferation.

(d) ADDITIONAL AUTHORITY TO TRANSFER AUTHORIZATIONS.—

(1) In addition to the transfer authority provided in section 1001,

upon determination by the Secretary of Defense that such action

is necessary in the national interest, the Secretary may transfer

amounts of authorizations made available to the Department of

Defense in this division for fiscal year 1995 to counterproliferation

programs, projects, and activities identified as areas for progress

by the Counterproliferation Program Review Committee established

by section 1605 of the National Defense Authorization Act for

Fiscal Year 1994 (Public Law 103–160), as amended by section

1502. Amounts of authorizations so transferred shall be merged
S. 2182—256

with and be available for the same purposes as the authorization

to which transferred.

(2) The total amount of authorizations that the Secretary may

transfer under the authority of this subsection may not exceed

$100,000,000.

(3) The authority provided by this subsection to transfer

authorizations—

(A) may only be used to provide authority for items that

have a higher priority than the items from which authority

is transferred; and

(B) may not be used to provide authority for an item

that has been denied authorization by Congress.

(4) A transfer made from one account to another under the

authority of this subsection shall be deemed to increase the amount

authorized for the account to which the amount is transferred

by an amount equal to the amount transferred.

(5) The Secretary of Defense shall promptly notify Congress

of transfers made under the authority of this subsection.

(e) USE OF FUNDS FOR TECHNOLOGY DEVELOPMENT.—(1) Of

the funds authorized to be appropriated by section 201(4) for

counterproliferation technology projects—

(A) up to $5,000,000 shall be available for a program to

detect, locate, and disarm weapons of mass destruction that

are hidden by a hostile state or terrorist or terrorist group

in a confined area outside the United States; and

(B) up to $10,000,000 shall be available for the training

program referred to in paragraph (3).

(2) The Secretary of Defense shall make funds available for the program referred to in paragraph (1)(A) in a manner that,

to the maximum extent practicable, ensures the effective use of

existing resources of the national weapons laboratories. (3)(A) The training program referred to in paragraph (1)(B)

is a training program carried out jointly by the Secretary of Defense

and the Director of the Federal Bureau of Investigation in order

to expand and improve United States efforts to deter the possible

proliferation and acquisition weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries,

and states of the former Soviet Union.

(B) Of the funds available under paragraph (1)(B) for the pro- gram referred to in subparagraph (A), $9,000,000 may not be obligated or expended for that program until the Secretary of Defense

and the Director of the Federal Bureau of Investigation jointly

submit to the congressional committees specified in subparagraph

(C) a report that—

(i) identifies the nature and extent of the threat posed

to the United States by the possible proliferation and acquisition of weapons of mass destruction by organized crime

organizations in Eastern Europe, the Baltic countries, and

states of the former Soviet Union;

(ii) assesses the actions that the United States should

undertake in order to assist law enforcement agencies of Eastern Europe, the Baltic countries, and states of the former

Soviet Union in the efforts of such agencies to prevent and

deter the theft of nuclear weapons material; and

(iii) contains an estimate of—

(I) the cost of undertaking such actions, including the

costs of personnel, support equipment, and training;
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(II) the time required to commence the carrying out

of the program referred to in paragraph (1)(B); and

(III) the amount of funds, if any, that will be required

in fiscal years after fiscal year 1995 in order to carry

out the program.

(C) The congressional committees referred to in this subparagraph are the following:

(i) The Committee on Armed Services, the Committee on

Appropriations, and the Committee on Foreign Affairs of the

House of Representatives.

(ii) The Committee on Armed Services, the Committee on

Appropriations, and the Committee on Foreign Relations of

the Senate.

SEC. 1505. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION POLICY.

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1603

of the National Defense Authorization Act for Fiscal Year 1994

(22 U.S.C. 5859a; 107 Stat. 1843) is amended by striking out

‘‘During fiscal year 1994, the Secretary’’ and inserting in lieu thereof

‘‘The Secretary’’.

(b) REVISION OF REPORTING REQUIREMENT.—Such section is

further amended—

(1) by striking out subsections (d) and (e);

(2) by redesignating subsection (f) as subsection (d); and

(3) in subsection (d) (as so redesignated)—

(A) by striking ‘‘and not later than October 30 of each

year’’; and

(B) by striking out ‘‘six-month’’ and inserting in lieu

thereof ‘‘twelve-month’’.

(c) FISCAL YEAR 1995 AMOUNT.—Of the funds authorized to

be appropriated by section 201(4) for technical studies, support,

and analysis (PE 605104D), up to $2,000,000 shall be available

for studies relating to United States counterproliferation policy.

SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON

PROLIFERATION OF FOREIGN MILITARY SATELLITES.

None of the funds available to the Department of Defense

may be expended for travel by the Assistant Secretary of Defense

for International Security Policy until the Secretary of Defense

submits to Congress the report required by section 1363 of the

National Defense Authorization Act for Fiscal Year 1993 (Public

Law 102–484; 106 Stat. 2560).

SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT

OF PREVIOUSLY REQUIRED REPORT.

(a) LIMITATION.—Of the total amount specified in section 1505

for counterproliferation activities for fiscal year 1995, $1,000,000

shall be withheld from obligation until the report described in

subsection (b) has been submitted to Congress.

(b) REPORT.—The report referred to in subsection (a) is the

report required to be submitted to Congress not later than May

30, 1994, pursuant to section 1422 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107

Stat. 1829).
S. 2182—258

SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINITE EXTENSION

OF NUCLEAR NON-PROLIFERATION TREATY.

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

(1) The Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, D.C., London, and Moscow on July

1, 1968, is the centerpiece of global efforts to prevent the

spread of nuclear weapons.

(2) The United States has demonstrated longstanding support for that treaty and related efforts to prevent the spread

of nuclear weapons.

(3) President Clinton has declared that preventing the

spread of nuclear weapons is one of the highest priorities of

his Administration.

(4) In April 1995, the parties to the Treaty on the NonProliferation of Nuclear Weapons will convene a conference

in New York City to discuss the indefinite extension of the

treaty.

(5) The policy of the President is to seek at that conference

the indefinite and unconditional extension of that treaty.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the President has the full support of Congress in seeking

the indefinite and unconditional extension of the Treaty on

the Non-Proliferation of Nuclear Weapons;

(2) the President, when formulating and implementing

other elements of nonproliferation policy of the United States

(including United States counterproliferation doctrine, the

Nuclear Posture Review, and nuclear testing policy), should

take into account the objectives of the United States at the

1995 conference of the parties to the Treaty on the Non-Proliferation of Nuclear Weapons; and

(3) the President and the President’s senior national security advisers should dedicate themselves to ensuring the indefinite and unconditional extension of the Treaty on the NonProliferation of Nuclear Weapons at the 1995 conference for

that treaty.

SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS

TESTING.

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

(1) On January 25, 1994, the United States and 37 other

nations began negotiations for a comprehensive treaty to ban

permanently all nuclear weapons testing.

(2) On March 14, 1994, the President extended the current

United States moratorium on nuclear weapons testing through

September 1995.

(3) The United States is seeking to extend indefinitely

the Treaty on the Non-Proliferation of Nuclear Weapons at

the conference of the parties to the Treaty to be held in New

York City in April 1995.

(4) Conclusion of a comprehensive nuclear test ban treaty

could contribute toward successful negotiations to extend the

Treaty on the Non-Proliferation of Nuclear Weapons.

(5) Agreements to eliminate nuclear weapons testing and

to control the spread of nuclear weapons could contribute to

the national security of the United States, its allies, and other

nations around the world.
S. 2182—259

(b) STATEMENT OF CONGRESSIONAL POLICY.—In view of the

findings set forth in subsection (a), Congress—

(1) applauds the President for maintaining the United

States moratorium on nuclear weapons testing and for taking

a leadership role toward negotiation of a comprehensive nuclear

test ban treaty;

(2) encourages all nuclear powers to refrain from conducting

nuclear explosions, before the conclusion of a comprehensive

nuclear test ban treaty; and

(3) urges the Conference on Disarmament to make all

possible progress toward a comprehensive nuclear test ban

treaty by the end of 1994.

TITLE XVI—RESERVE OFFICER PERSONNEL MANAGEMENT ACT (ROPMA)

SEC. 1601. SHORT TITLE.

This title may be cited as the ‘‘Reserve Officer Personnel

Management Act’’.

SEC. 1602. REFERENCES TO TITLE 10, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this title

an amendment or repeal is expressed in terms of an amendment

to, or repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of title

10, United States Code.

Subtitle A—Reserve Officer Personnel

Management

PART I—REVISED AND STANDARDIZED

RESERVE OFFICER PERSONNEL SYSTEM

SEC. 1611. PROMOTION AND RETENTION OF RESERVE OFFICERS.

Title 10, United States Code, is amended by adding at the

end the following new subtitle:

‘‘Subtitle E—Reserve Components

‘‘PART I—ORGANIZATION AND ADMINISTRATION

‘‘Chap. Sec.

‘‘1001. Definitions .................................................................................................. 10001

‘‘1003. Reserve Components Generally ................................................................ 10101

‘‘1005. Elements of Reserve Components ............................................................ 10141

‘‘1007. Administration of Reserve Components ................................................... 10201

‘‘1009. Reserve Forces Policy Boards and Committees ....................................... 10301

‘‘1011. National Guard Bureau ............................................................................. 10501

‘‘1013. Budget Information and Annual Reports to Congress ............................ 10541

‘‘PART II—PERSONNEL GENERALLY

‘‘1201. Authorized Strengths and Distribution in Grade ................................... 12001

‘‘1203. Enlisted Members ...................................................................................... 12101

‘‘1205. Appointment of Reserve Officers .............................................................. 12201

‘‘1207. Warrant Officers ........................................................................................ 12241

‘‘1209. Active Duty ................................................................................................. 12301

‘‘1211. National Guard Members in Federal Service .......................................... 12401

‘‘1213. Special Appointments, Assignments, Details, and Duties ...................... 12501
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‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]

‘‘1217. Miscellaneous Rights and Benefits ........................................................... 12601

‘‘1219. Standards and Procedures for Retention and Promotion ....................... 12641

‘‘1221. Separation .................................................................................................. 12681

‘‘1223. Retired Pay for Non-Regular Service ....................................................... 12731

‘‘1225. Retired Grade ............................................................................................. 12771

‘‘PART III—PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

‘‘1401. Applicability and Reserve Active-Status Lists ........................................ 14001

‘‘1403. Selection Boards ......................................................................................... 14101

‘‘1405. Promotions .................................................................................................. 14301

‘‘1407. Failure of Selection for Promotion and Involuntary Separation ............ 14501

‘‘1409. Continuation of Officers on the Reserve-Active Status List and Selective Early Removal .................................................................................. 14701

‘‘1411. Additional Provisions Relating to Involuntary Separation .................... 14901

‘‘PART IV—TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

‘‘1601. Training Generally .................................................................... [No present

sections]

‘‘1606. Educational Assistance for Members of the Selected Reserve ............... 16131

‘‘1608. Health Professions Stipend Program ....................................................... 16201

‘‘1609. Education Loan Repayments .................................................................... 16301

‘‘PART V—SERVICE, SUPPLY, AND PROCUREMENT

‘‘1801. Issue of Serviceable Material to Reserve Components ........... [No present

sections]

‘‘1803. Facilities for Reserve Components ........................................................... 18231

‘‘1805. Miscellaneous Provisions ........................................................................... 18501

‘‘PART III—PROMOTION AND RETENTION OF

OFFICERS ON THE RESERVE ACTIVE-STATUS

LIST

‘‘Chap. Sec.

‘‘1401. Applicability and Reserve Active-Status Lists ......................................... 14001

‘‘1403. Selection Boards ......................................................................................... 14101

‘‘1405. Promotions ................................................................................................... 14301

‘‘1407. Failure of Selection for Promotion and Involuntary Separation ............. 14501

‘‘1409. Continuation of Officers on the Reserve Active-Status List and Selective Early Removal .................................................................................. 14701

‘‘1411. Additional Provisions Relating to Involuntary Separation ..................... 14901

‘‘CHAPTER 1401—APPLICABILITY AND

RESERVE ACTIVE-STATUS LISTS

‘‘Sec.

‘‘14001. Applicability of this part. ‘‘14002. Reserve active-status lists: requirement for each armed force. ‘‘14003. Reserve active-status lists: position of officers on the list. ‘‘14004. Reserve active-status lists: eligibility for Reserve promotion. ‘‘14005. Competitive categories. ‘‘14006. Determination of years in grade.

‘‘§ 14001. Applicability of this part

‘‘This chapter and chapters 1403 through 1411 of this title

apply, as appropriate, to all reserve officers of the Army, Navy,

Air Force, and Marine Corps except warrant officers.

‘‘§ 14002. Reserve active-status lists: requirement for each

armed force

‘‘(a) The Secretary of each military department shall maintain

a single list, to be known as the reserve active-status list, for
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each armed force under the Secretary’s jurisdiction. That list shall

include the names of all reserve officers of that armed force who

are in an active status other than those on an active-duty list

described in section 620 of this title or warrant officers (including

commissioned warrant officers).

‘‘(b) The reserve active-status list for the Army shall include

officers in the Army Reserve and the Army National Guard of

the United States. The reserve active-status list for the Air Force

shall include officers in the Air Force Reserve and the Air National

Guard of the United States. The Secretary of the Navy shall maintain separate lists for the Naval Reserve and the Marine Corps

Reserve.

‘‘§ 14003. Reserve active-status: position of officers on the

list

‘‘(a) POSITION ON LIST.—Officers shall be carried on the reserve

active-status list of the armed force of which they are members

in the order of seniority of the grade in which they are serving

in an active status. Officers serving in the same grade shall be

carried in the order of their rank in that grade.

‘‘(b) EFFECT ON POSITION HELD BY REASON OF TEMPORARY

APPOINTMENT OR ASSIGNMENT.—An officer whose position on the

reserve active-status list results from service under a temporary

appointment or in a grade held by reason of assignment to a

position has, when that appointment or assignment ends, the grade

and position on that list that the officer would have held if the

officer had not received that appointment or assignment.

‘‘§ 14004. Reserve active-status lists: eligibility for Reserve

promotion

‘‘Except as otherwise provided by law, an officer must be on

a reserve active-status list to be eligible under chapter 1405 of

this title for consideration for selection for promotion or for promotion.

‘‘§ 14005. Competitive categories

‘‘Each officer whose name appears on a reserve active-status

list shall be placed in a competitive category. The competitive

categories for each armed force shall be specified by the Secretary

of the military department concerned under regulations prescribed

by the Secretary of Defense. Officers in the same competitive category shall compete among themselves for promotion.

‘‘§ 14006. Determination of years in grade

‘‘For the purpose of chapters 1403 through 1411 of this title,

an officer’s years of service in a grade are computed from the

officer’s date of rank in grade as determined under section 741(d)

of this title.

‘‘CHAPTER 1403—SELECTION BOARDS

‘‘Sec.

‘‘14101. Convening of selection boards. ‘‘14102. Selection boards: appointment and composition. ‘‘14103. Oath of members.

‘‘14104. Confidentiality of board proceedings. ‘‘14105. Notice of convening of selection board. ‘‘14106. Communication with board by officers under consideration. ‘‘14107. Information furnished by the Secretary concerned to promotion boards.
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‘‘14108. Recommendations by promotion boards.

‘‘14109. Reports of promotion boards: in general.

‘‘14110. Reports of promotion boards: review by Secretary.

‘‘14111. Reports of selection boards: transmittal to President.

‘‘14112. Dissemination of names of officers selected.

‘‘§ 14101. Convening of selection boards

‘‘(a) PROMOTION BOARDS.—(1) Whenever the needs of the Army,

Navy, Air Force, or Marine Corps require, the Secretary concerned

shall convene a selection board to recommend for promotion to

the next higher grade, under chapter 1405 of this title, officers

on the reserve active-status list of that armed force in a permanent

grade from first lieutenant through brigadier general or, in the

case of the Naval Reserve, lieutenant (junior grade) through rear

admiral (lower half). A selection board convened under this subsection shall be known as a ‘promotion board’.

‘‘(2) A promotion board convened to recommend reserve officers

of the Army or reserve officers of the Air Force for promotion

(A) to fill a position vacancy under section 14315 of this title,

or (B) to the grade of brigadier general or major general, shall

(except in the case of a board convened to consider officers as

provided in section 14301(e) of this title) be known as a ‘vacancy

promotion board’. Any other promotion board convened under this

subsection shall be known as a ‘mandatory promotion board’.

‘‘(b) CONTINUATION BOARDS.—Whenever the needs of the Army,

Navy, Air Force, or Marine Corps require, the Secretary concerned

may convene a selection board to recommend officers of that armed

force—

‘‘(1) for continuation on the reserve active-status list under

section 14701 of this title;

‘‘(2) for selective early removal from the reserve activestatus list under section 14704 of this title; or

‘‘(3) for selective early retirement under section 14705 of

this title.

A selection board convened under this subsection shall be known

as a ‘continuation board’.

‘‘§ 14102. Selection boards: appointment and composition

‘‘(a) APPOINTMENT.—Members of selection boards convened

under section 14101 of this title shall be appointed by the Secretary

of the military department concerned in accordance with this section. Promotion boards and special selection boards shall consist

of five or more officers. Continuation boards shall consist of three

or more officers. All of the officers of any such selection board

shall be of the same armed force as the officers under consideration

by the board. ‘‘(b) COMPOSITION.—At least one-half of the members of such

a selection board shall be reserve officers, to include at least one

reserve officer from each reserve component from which officers

are to be considered by the board. Each member of a selection

board must hold a permanent grade higher than the grade of

the officers under consideration by the board, and no member

of a board may hold a grade below major or lieutenant commander.

‘‘(c) REPRESENTATION OF COMPETITIVE CATEGORIES.—(1) Except

as provided in paragraph (2), a selection board shall include at

least one officer from each competitive category of officers to be

considered by the board.
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‘‘(2) A selection board need not include an officer from a competitive category to be considered by the board if there is no officer

of that competitive category on the reserve active-status list or

the active-duty list in a permanent grade higher than the grade

of the officers to be considered by the board and otherwise eligible

to serve on the board. However, in such a case, the Secretary

of the military department concerned, in his discretion, may appoint

as a member of the board a retired officer of that competitive

category who is in the same armed force as the officers under

consideration by the board who holds a higher grade than the

grade of the officers under consideration.

‘‘(d) PROHIBITION OF SERVICE ON CONSECUTIVE PROMOTION

BOARDS.—No officer may be a member of two successive promotion

boards convened under section 14101(a) of this title for the consideration of officers of the same competitive category and grade if

the second of the two boards is to consider any officer who was

considered and not recommended for promotion to the next higher

grade by the first of the two boards.

‘‘§ 14103. Oath of members

‘‘Each member of a selection board convened under section

14101 of this title shall take an oath to perform the duties of

a member of the board without prejudice or partiality, having

in view both the special fitness of officers and the efficiency of

the member’s armed force.

‘‘§ 14104. Confidentiality of board proceedings

‘‘Except as otherwise authorized or required by law, the

proceedings of a selection board convened under section 14101

of this title may not be disclosed to any person not a member

of the board.

‘‘§ 14105. Notice of convening of promotion board

‘‘(a) REQUIRED NOTICE.—At least 30 days before a promotion board is convened under section 14101(a) of this title to consider

officers in a grade and competitive category for promotion to the

next higher grade, the Secretary concerned shall either (1) notify

in writing the officers eligible for consideration by the board for

promotion regarding the convening of the board, or (2) issue a

general written notice to the armed force concerned regarding the

convening of the board. ‘‘(b) CONTENT OF NOTICE.—A notice under subsection (a) shall

include the date on which the board is to convene and (except

in the case of a vacancy promotion board) the name and date

of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notice.

‘‘§ 14106. Communication with board by officers under

consideration

‘‘Subject to regulations prescribed by the Secretary of the military department concerned, an officer eligible for consideration by

a promotion board convened under section 14101(a) of this title

who is in the promotion zone or above the promotion zone, or

who is to be considered by a vacancy promotion board, may send

a written communication to the board calling attention to any

matter concerning the officer which the officer considers important

to the officer’s case. Any such communication shall be sent so
S. 2182—264

as to arrive not later than the date on which the board convenes.

The board shall give consideration to any timely communication

under this section.

‘‘§ 14107. Information furnished by the Secretary concerned

to promotion boards

‘‘(a) INTEGRITY OF THE PROMOTION SELECTION BOARD PROCESS.—(1) The Secretary of Defense shall prescribe regulations

governing information furnished to selection boards convened under

section 14101(a) of this title. Those regulations shall apply uniformly among the military departments. Any regulations prescribed

by the Secretary of a military department to supplement those

regulations may not take effect without the approval of the Secretary of Defense in writing.

‘‘(2) No information concerning a particular eligible officer may

be furnished to a selection board except for the following:

‘‘(A) Information that is in the officer’s official military

personnel file and that is provided to the selection board in

accordance with the regulations prescribed by the Secretary

of Defense pursuant to paragraph (1).

‘‘(B) Other information that is determined by the Secretary

of the military department concerned, after review by that

Secretary in accordance with standards and procedures set

out in the regulations prescribed by the Secretary of Defense

pursuant to paragraph (1), to be substantiated, relevant

information that could reasonably and materially affect the

deliberations of the promotion board.

‘‘(C) Subject to such limitations as may be prescribed in

those regulations, information communicated to the board by

the officer in accordance with this section, section 14106 of

this title (including any comment on information referred to

in subparagraph (A) regarding that officer), or other applicable

law.

‘‘(D) A factual summary of the information described in

subparagraphs (A), (B), and (C) that, in accordance with the

regulations prescribed pursuant to paragraph (1) is prepared

by administrative personnel for the purpose of facilitating the

work of the selection board.

‘‘(3) Information provided to a promotion board in accordance

with paragraph (2) shall be made available to all members of

the board and shall be made a part of the record of the board.

Communication of such information shall be in a written form

or in the form of an audio or video recording. If a communication

is in the form of an audio or video recording, a written transcription

of the recording shall also be made a part of the record of the

promotion board.

‘‘(4) Paragraphs (2) and (3) do not apply to the furnishing

of appropriate administrative processing information to the promotion board by an administrative staff designated to assist the

board, but only to the extent that oral communications are necessary

to facilitate the work of the board.

‘‘(5) Information furnished to a promotion board that is

described in subparagraph (B), (C), or (D) of paragraph (2) may

not be furnished to a later promotion board unless—

‘‘(A) the information has been properly placed in the official

military personnel file of the officer concerned; or
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‘‘(B) the information is provided to the later selection board

in accordance with paragraph (2).

‘‘(6)(A) Before information described in paragraph (2)(B) regarding an eligible officer is furnished to a selection board, the Secretary

of the military department concerned shall ensure—

‘‘(i) that such information is made available to such officer;

and

‘‘(ii) that the officer is afforded a reasonable opportunity

to submit comments on that information to the promotion board.

‘‘(B) If an officer cannot be given access to the information

referred to in subparagraph (A) because of its classification status,

the officer shall, to the maximum extent practicable, be furnished

an appropriate summary of the information.

‘‘(b) INFORMATION TO BE FURNISHED.—The Secretary of the

military department concerned shall furnish to a promotion board

convened under section 14101(a) of this title the following:

‘‘(1) In the case of a mandatory promotion board, the maximum number (as determined in accordance with section 14307

of this title) of officers in each competitive category under

consideration that the board is authorized to recommend for

promotion to the next higher grade.

‘‘(2) The name of each officer in each competitive category

under consideration who is to be considered by the board for

promotion.

‘‘(3) The pertinent records (as determined by the Secretary)

of each officer whose name is furnished to the board.

‘‘(4) Information or guidelines relating to the needs of the

armed force concerned for officers having particular skills,

including (except in the case of a vacancy promotion board)

guidelines or information relating to either a minimum number

or a maximum number of officers with particular skills within

a competitive category.

‘‘(5) Such other information or guidelines as the Secretary

concerned may determine to be necessary to enable the board

to perform its functions.

‘‘(c) LIMITATION ON MODIFYING FURNISHED INFORMATION.—

Information or guidelines furnished to a selection board under

subsection (a) may not be modified, withdrawn, or supplemented

after the board submits its report to the Secretary of the military

department concerned pursuant to section 14109(a) of this title.

However, in the case of a report returned to a board pursuant

to section 14110(a) of this title for further proceedings because

of a determination by the Secretary of the military department

concerned that the board acted contrary to law, regulation, or

guidelines, the Secretary may modify, withdraw, or supplement

such information or guidelines as part of a written explanation

to the board as provided in that section.

‘‘(d) OFFICERS IN HEALTH-PROFESSIONS COMPETITIVE CATEGORIES.—The Secretary of each military department, under uniform regulations prescribed by the Secretary of Defense, shall

include in guidelines furnished to a promotion board convened

under section 14101(a) of this title that is considering officers in

a health-professions competitive category for promotion to a grade

below colonel or, in the case of officers of the Naval Reserve,

captain, a direction that the board give consideration to an officer’s

clinical proficiency and skill as a health professional to at least
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as great an extent as the board gives to the officer’s administrative

and management skills.

‘‘§ 14108. Recommendations by promotion boards

‘‘(a) RECOMMENDATION OF BEST QUALIFIED OFFICERS.—A promotion board convened under section 14101(a) of this title shall

recommend for promotion to the next higher grade those officers

considered by the board whom the board considers best qualified

for promotion within each competitive category considered by the

board or, in the case of a vacancy promotion board, among those

officers considered to fill a vacancy. In determining those officers

who are best qualified for promotion, the board shall give due

consideration to the needs of the armed force concerned for officers

with particular skills (as noted in the guidelines or information

furnished the board under section 14107 of this title).

‘‘(b) MAJORITY REQUIRED.—A promotion board convened under

section 14101(a) of this title may not recommend an officer for

promotion unless—

‘‘(1) the officer receives the recommendation of a majority

of the members of the board; and

‘‘(2) a majority of the members of the board finds that

the officer is fully qualified for promotion.

‘‘(c) BOARD RECOMMENDATION REQUIRED FOR PROMOTION.—

Except as otherwise provided by law, an officer on the reserve

active-status list may not be promoted to a higher grade under

chapter 1405 of this title unless the officer is considered and recommended for promotion to that grade by a promotion board convened under section 14101(a) of this title (or by a special selection

board convened under section 14502 of this title).

‘‘(d) DISCLOSURE OF BOARD RECOMMENDATIONS.—The recommendations of a promotion board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those

recommendations may not be disclosed to a person not a member

of the board (or a member of the administrative staff designated

by the Secretary concerned to assist the board) until the written

report of the recommendations of the board, required by section

14109 of this title, is signed by each member of the board.

‘‘(e) PROHIBITION OF COERCION AND UNAUTHORIZED INFLUENCE

OF ACTIONS OF BOARD MEMBERS.—The Secretary convening a promotion board under section 14101(a) of this title, and an officer

or other official exercising authority over any member of a selection

board, may not—

‘‘(1) censure, reprimand, or admonish the selection board

or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within

the authorized discretion of the board; or

‘‘(2) attempt to coerce or, by any unauthorized means,

influence any action of a promotion board or any member

of a promotion board in the formulation of the board’s recommendations.

‘‘§ 14109. Reports of promotion boards: in general

‘‘(a) REPORT OF OFFICERS RECOMMENDED FOR PROMOTION.— Each promotion board convened under section 14101(a) of this

title shall submit to the Secretary of the military department concerned a report in writing containing a list of the names of the
S. 2182—267

officers recommended by the board for promotion. The report shall

be signed by each member of the board.

‘‘(b) CERTIFICATION.—Each report under subsection (a) shall

include a certification—

‘‘(1) that the board has carefully considered the record

of each officer whose name was furnished to the board; and

‘‘(2) that, in the case of a promotion board convened under

section 14101(a) of this title, in the opinion of a majority of

the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet

the needs of the armed force concerned (as noted in the guidelines or information furnished the board under section 14107

of this title) among those officers whose names were furnished

to the selection board.

‘‘(c) SHOW-CAUSE RECOMMENDATIONS.—(1) A promotion board

convened under section 14101(a) of this title shall include in its

report to the Secretary concerned the name of any reserve officer

before it for consideration for promotion whose record, in the opinion

of a majority of the members of the board, indicates that the

officer should be required to show cause for retention in an active

status.

‘‘(2) If such a report names an officer as having a record

which indicates that the officer should be required to show cause

for retention, the Secretary concerned may provide for the review

of the record of that officer as provided under regulations prescribed

under section 14902 of this title.

‘‘§ 14110. Reports of promotion boards: review by Secretary

‘‘(a) REVIEW OF REPORT.—Upon receipt of the report of a promotion board submitted under section 14109(a) of this title, the

Secretary of the military department concerned shall review the

report to determine whether the board has acted contrary to law

or regulation or to guidelines furnished the board under section

14107(a) of this title. Following that review, unless the Secretary

concerned makes a determination as described in subsection (b),

the Secretary shall submit the report as required by section 14111

of this title.

‘‘(b) RETURN OF REPORT FOR FURTHER PROCEEDINGS.—If, on

the basis of a review of the report under subsection (a), the Secretary of the military department concerned determines that the

board acted contrary to law or regulation or to guidelines furnished

the board under section 14107(a) of this title, the Secretary shall

return the report, together with a written explanation of the basis

for such determination, to the board for further proceedings. Upon

receipt of a report returned by the Secretary concerned under

this subsection, the selection board (or a subsequent selection board

convened under section 14101(a) of this title for the same grade

and competitive category) shall conduct such proceedings as may

be necessary in order to revise the report to be consistent with

law, regulation, and such guidelines and shall resubmit the report,

as revised, to the Secretary in accordance with section 14109 of

this title.

‘‘§ 14111. Reports of selection boards: transmittal to President

‘‘(a) TRANSMITTAL TO PRESIDENT.—The Secretary concerned,

after final review of the report of a selection board under section
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14110 of this title, shall submit the report with the Secretary’s

recommendations, to the Secretary of Defense for transmittal by

the Secretary to the President for approval or disapproval. If the

authority of the President to approve or disapprove the report

of a promotion board is delegated to the Secretary of Defense,

that authority may not be redelegated except to an official in

the Office of the Secretary of Defense.

‘‘(b) REMOVAL OF NAME FROM BOARD REPORT.—The name of

an officer recommended for promotion by a selection board may

be removed from the report of the selection board only by the

President.

‘‘(c) RECOMMENDATIONS FOR REMOVAL OF SELECTED OFFICERS

FROM REPORT.—If the Secretary of a military department or the

Secretary of Defense makes a recommendation under this section

that the name of an officer be removed from the report of a promotion board and the recommendation is accompanied by information that was not presented to that promotion board, that information shall be made available to that officer. The officer shall

then be afforded a reasonable opportunity to submit comments

on that information to the officials making the recommendation

and the officials reviewing the recommendation. If an eligible officer

cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable,

be provided with an appropriate summary of the information.

‘‘§ 14112. Dissemination of names of officers selected

‘‘Upon approval by the President of the report of a promotion

board, the names of the officers recommended for promotion by

the promotion board (other than any name removed by the President) may be disseminated to the armed force concerned. If those

names have not been sooner disseminated, those names (other

than the name of any officer whose promotion the Senate failed

to confirm) shall be promptly disseminated to the armed force

concerned upon confirmation by the Senate.

‘‘CHAPTER 1405—PROMOTIONS

‘‘Sec.

‘‘14301. Eligibility for consideration for promotion: general rules.

‘‘14302. Promotion zones.

‘‘14303. Eligibility for consideration for promotion: minimum years of service in

grade.

‘‘14304. Eligibility for consideration for promotion: maximum years of service in

grade.

‘‘14305. Establishment of promotion zones: mandatory consideration for promotion.

‘‘14306. Establishment of promotion zones: Naval Reserve and Marine Corps Reserve running mate system.

‘‘14307. Numbers of officers to be recommended for promotion.

‘‘14308. Promotions: how made.

‘‘14309. Acceptance of promotion: oath of office.

‘‘14310. Removal of officers from a list of officers recommended for promotion.

‘‘14311. Delay of promotion: involuntary.

‘‘14312. Delay of promotion: voluntary.

‘‘14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half).

‘‘14314. Army and Air Force commissioned officers: generals ceasing to occupy

positions commensurate with grade; state adjutants general.

‘‘14315. Position vacancy promotions: Army and Air Force officers.

‘‘14316. Army National Guard and Air National Guard: appointment to and Federal

recognition in a higher reserve grade after selection for promotion.

‘‘14317. Officers in transition to and from the active-status list or active-duty list.
S. 2182—269

‘‘§ 14301. Eligibility for consideration for promotion: general rules

‘‘(a) ONE-YEAR RULE.—An officer is eligible under this chapter for consideration for promotion by a promotion board convened

under section 14101(a) of this title only if— ‘‘(1) the officer is on the reserve active-status list of the

Army, Navy, Air Force, or Marine Corps; and ‘‘(2) during the one-year period ending on the date of the convening of the promotion board the officer has continuously

performed service on either the reserve active-status list or

the active-duty list (or on a combination of both lists).

‘‘(b) REQUIREMENT FOR CONSIDERATION OF ALL OFFICERS IN

AND ABOVE THE ZONE.—Whenever a promotion board (other than a vacancy promotion board) is convened under section 14101(a)

of this title for consideration of officers in a competitive category

who are eligible under this chapter for consideration for promotion

to the next higher grade, each officer in the promotion zone, and

each officer above the promotion zone, for that grade and competitive category shall be considered for promotion. ‘‘(c) PREVIOUSLY SELECTED OFFICERS NOT ELIGIBLE TO BE

CONSIDERED.—A promotion board convened under section 14101(a)

of this title may not consider for promotion to the next higher

grade— ‘‘(1) an officer whose name is on a promotion list for that

grade as a result of recommendation for promotion to that

grade by an earlier selection board convened under that section

or section 14502 of this title or under chapter 36 of this title; ‘‘(2) an officer who has been approved for Federal recogni- tion by a board convened under section 307 of title 32 and

nominated by the President for promotion to the next higher

grade as a reserve of the Army or of the Air Force as the

case may be; or ‘‘(3) an officer who has been nominated by the President for promotion to the next higher grade under any other provision of law.

‘‘(d) OFFICERS BELOW THE ZONE.—The Secretary of the military department concerned may, by regulation, prescribe procedures to

limit the officers to be considered by a selection board from below

the promotion zone to those officers who are determined to be

exceptionally well qualified for promotion. The regulations shall

include criteria for determining which officers below the promotion

zone are exceptionally well qualified for promotion.

‘‘(e) RESERVE OFFICERS OF THE ARMY; CONSIDERATION FOR

BRIGADIER GENERAL AND MAJOR GENERAL.—In the case of officers

of the Army, if the Secretary of the Army determines that vacancies

are authorized or anticipated in the reserve grades of major general

or brigadier general for officers who are on the reserve activestatus list and who are not assigned to units organized to serve

as a unit and the Secretary convenes a mandatory promotion board

under section 14101(a) of this title to consider officers for promotion

to fill such vacancies, the Secretary may limit the officers to be

considered by that board to those determined to be exceptionally

well qualified for promotion under such criteria and procedures

as the Secretary may by regulation prescribe.

‘‘(f) CERTAIN RESERVE OFFICERS OF THE AIR FORCE.—A reserve

officer of the Air Force who (1) is in the Air National Guard

of the United States and holds the grade of lieutenant colonel,
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colonel, or brigadier general, or (2) is in the Air Force Reserve

and holds the grade of colonel or brigadier general, is not eligible

for consideration for promotion by a mandatory promotion board

convened under section 14101(a) of this title.

‘‘(g) NONCONSIDERATION OF OFFICERS SCHEDULED FOR REMOVAL

FROM RESERVE ACTIVE-STATUS LIST.—The Secretary of the military

department concerned may, by regulation, provide for the exclusion

from consideration for promotion by a promotion board of any

officer otherwise eligible to be considered by the board who has

an established date for removal from the reserve active-status list

that is not more than 90 days after the date on which the selection

board for which the officer would otherwise be eligible is to be

convened.

‘‘§ 14302. Promotion zones

‘‘(a) PROMOTION ZONES GENERALLY.—For purposes of this chapter, a promotion zone is an eligibility category for the consideration

of officers by a mandatory promotion board. A promotion zone

consists of those officers on the reserve active-status list who are

in the same grade and competitive category and who meet the

requirements of both paragraphs (1) and (2) or the requirements

of paragraph (3), as follows:

‘‘(1)(A) In the case of officers in grades below colonel, for

reserve officers of the Army, Air Force, and Marine Corps,

or captain, for officers of the Naval Reserve, those who have

neither (i) failed of selection for promotion to the next higher

grade, nor (ii) been removed from a list of officers recommended

for promotion to that grade.

‘‘(B) In the case of officers in the grade of colonel or brigadier general, for reserve officers of the Army and Marine Corps,

or in the grade of captain or rear admiral (lower half), for

reserve officers of the Navy, those who have neither (i) been

recommended for promotion to the next higher grade when

considered in the promotion zone, nor (ii) been removed from

a list of officers recommended for promotion to that grade.

‘‘(2) Those officers who are senior to the officer designated

by the Secretary of the military department concerned to be

the junior officer in the promotion zone eligible for consideration

for promotion to the next higher grade and the officer so designated.

‘‘(3) Those officers who—

‘‘(A) have been selected from below the zone for promotion to the next higher grade or by a vacancy promotion

board, but whose names were removed from the list of

officers recommended for promotion to that next higher

grade resulting from that selection;

‘‘(B) have not failed of selection for promotion to that

next higher grade; and

‘‘(C) are senior to the officer designated by the Secretary of the military department concerned to be the junior

officer in the promotion zone eligible for consideration

for promotion to that next higher grade and the officer

so designated.

‘‘(b) OFFICERS ABOVE THE ZONE.—Officers on the reserve activestatus list are considered to be above the promotion zone for a

grade and competitive category if they—
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‘‘(1) are eligible for consideration for promotion to the next

higher grade;

‘‘(2) are in the same grade as those officers in the promotion

zone for that competitive category; and

‘‘(3) are senior to the senior officer in the promotion zone

for that competitive category.

‘‘(c) OFFICERS BELOW THE ZONE.—Officers on the reserve activestatus list are considered to be below the promotion zone for a

grade and competitive category if they—

‘‘(1) are eligible for consideration for promotion to the next

higher grade;

‘‘(2) are in the same grade as those officers in the promotion

zone for that competitive category; and

‘‘(3) are junior to the junior officer in the promotion zone

for that competitive category.

‘‘§ 14303. Eligibility for consideration for promotion: minimum years of service in grade

‘‘(a) OFFICERS IN PAY GRADES O–1 AND O–2.—An officer who

is on the reserve active-status list of the Army, Navy, Air Force,

or Marine Corps and holds a permanent appointment in the grade

of second lieutenant or first lieutenant as a reserve officer of the

Army, Air Force, or Marine Corps, or in the grade of ensign or

lieutenant (junior grade) as a reserve officer of the Navy, may

not be promoted to the next higher grade, or granted Federal

recognition in that grade, until the officer has completed the following years of service in grade:

‘‘(1) Eighteen months, in the case of an officer holding

a permanent appointment in the grade of second lieutenant

or ensign.

‘‘(2) Two years, in the case of an officer holding a permanent

appointment in the grade of first lieutenant or lieutenant (junior grade).

‘‘(b) OFFICERS IN PAY GRADES O–3 AND ABOVE.—Subject to

subsection (d), an officer who is on the reserve active-status list

of the Army, Air Force, or Marine Corps and holds a permanent

appointment in a grade above first lieutenant, or who is on the

reserve active-status list of the Navy in a grade above lieutenant

(junior grade), may not be considered for selection for promotion

to the next higher grade, or examined for Federal recognition in

the next higher grade, until the officer has completed the following

years of service in grade:

‘‘(1) Three years, in the case of an officer of the Army,

Air Force, or Marine Corps holding a permanent appointment

in the grade of captain, major, or lieutenant colonel or in

the case of a reserve officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander.

‘‘(2) One year, in the case of an officer of the Army, Air

Force, or Marine Corps holding a permanent appointment in

the grade of colonel or brigadier general or in the case of

a reserve officer of the Navy holding a permanent appointment

in the grade of captain or rear admiral (lower half).

This subsection does not apply to an adjutant general or assistant

adjutant general of a State or to an appointment in a higher

grade which is based upon a specific provision of law.
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‘‘(c) AUTHORITY TO LENGTHEN MINIMUM PERIOD IN GRADE.— The Secretary concerned may prescribe a period of service in grade

for eligibility for promotion, in the case of officers to whom subsection (a) applies, or for eligibility for consideration for promotion,

in the case of officers to whom subsection (b) applies, that is

longer than the applicable period specified in that subsection. ‘‘(d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE CONSIDER- ATIONS.—Subject to section 14307(b) of this title, the Secretary of the military department concerned may waive subsection (b)

to the extent necessary to ensure that officers described in paragraph (1) of that subsection have at least two opportunities for

consideration for promotion to the next higher grade as officers

below the promotion zone.

‘‘§ 14304. Eligibility for consideration for promotion: maxi- mum years of service in grade

‘‘(a) CONSIDERATION FOR PROMOTION WITHIN SPECIFIED

TIMES.—(1) Officers described in paragraph (3) shall be placed in the promotion zone for that officer’s grade and competitive category, and shall be considered for promotion to the next higher

grade by a promotion board convened under section 14101(a) of

this title, far enough in advance of completing the years of service

in grade specified in the following table so that, if the officer

is recommended for promotion, the promotion may be effective

on or before the date on which the officer will complete those

years of service. Maximum years of ‘‘Current Grade service in grade ‘‘First lieutenant or Lieutenant (junior grade) ............................. 5 years

‘‘Captain or Navy Lieutenant ........................................................ 7 years ‘‘Major or Lieutenant commander ................................................. 7 years

‘‘(2) Paragraph (1) is subject to subsections (a), (b), and (c) of section 14301 of this title and applies without regard to vacancies. ‘‘(3) Paragraph (1) applies to an officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps

and who holds a permanent appointment in the grade of first

lieutenant, captain, or major as a reserve of the Army, Air Force,

or Marine Corps, or to an officer on the reserve active-status list

of the Navy in the grade of lieutenant (junior grade), lieutenant,

or lieutenant commander as a reserve of the Navy, and who, while

holding that appointment, has not been considered by a selection

board convened under section 14101(a) or 14502 of this title for

promotion to the next higher grade.

‘‘(b) PROMOTION DATE.—An officer holding a permanent grade

specified in the table in subsection (a) who is recommended for

promotion to the next higher grade by a selection board the first

time the officer is considered for promotion while in or above the

promotion zone and who is placed on an approved promotion list

established under section 14308(a) of this title shall (if not promoted

sooner or removed from that list by the President or by reason

of declination) be promoted, without regard to the existence of

a vacancy, on the date on which the officer completes the maximum

years of service in grade specified in subsection (a). The preceding

sentence is subject to the limitations of section 12011 of this title.

‘‘(c) WAIVER AUTHORITY FOR NAVY AND MARINE CORPS RUNNING

MATE SYSTEM.—If the Secretary of the Navy establishes promotion

zones for officers on the reserve active-status list of the Navy

or the Marine Corps Reserve in accordance with a running mate
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system under section 14306 of this title, the Secretary may waive

the requirements of subsection (a) to the extent the Secretary

considers necessary in any case in which the years of service for

promotion, or for consideration for promotion, within those zones

will exceed the maximum years of service in grade specified in

subsection (a).

‘‘§ 14305. Establishment of promotion zones: mandatory

consideration for promotion

‘‘(a) ESTABLISHMENT OF ZONE.—Before convening a mandatory

promotion board under section 14101(a) of this title, the Secretary

of the military department concerned shall establish a promotion

zone for officers serving in each grade and competitive category

to be considered by the board.

‘‘(b) NUMBER IN THE ZONE.—The Secretary concerned shall

determine the number of officers in the promotion zone for officers

serving in any grade and competitive category from among officers

who are eligible for promotion in that grade and competitive category under the provisions of sections 14303 and 14304 of this

title and who are otherwise eligible for promotion.

‘‘(c) FACTORS IN DETERMINING NUMBER IN THE ZONE.—The Secretary’s determination under subsection (b) shall be made on the

basis of an estimate of the following:

‘‘(1) The number of officers needed in that competitive

category in the next higher grade in each of the next five

years.

‘‘(2) In the case of a promotion zone for officers to be

promoted to a grade to which the maximum years of in grade

criteria established in section 14304 of this title apply, the

number of officers in that competitive category who are required

to be considered for selection for promotion to the next higher

grade under that section. ‘‘(3) The number of officers that should be placed in the

promotion zone in each of the next five years to provide to

officers in those years relatively similar opportunities for promotion.

‘‘§ 14306. Establishment of promotion zones: Naval Reserve

and Marine Corps Reserve running mate system

‘‘(a) AUTHORITY OF SECRETARY OF THE NAVY.—The Secretary

of the Navy may by regulation implement section 14305 of this

title by requiring that the promotion zone for consideration of

officers on the reserve active-status list of the Navy or the Marine

Corps for promotion to the next higher grade be determined in

accordance with a running mate system as provided in subsection

(b).

‘‘(b) ASSIGNMENT OF RUNNING MATES.—An officer to whom

a running mate system applies shall be assigned as a running

mate an officer of the same grade on the active-duty list of the

same armed force. The officer on the reserve active-status list

is in the promotion zone and is eligible for consideration for promotion to the next higher grade by a selection board convened

under section 14101(a) of this title when that officer’s running

mate is in or above the promotion zone established for that officer’s

grade under chapter 36 of this title.

‘‘(c) CONSIDERATION OF OFFICERS BELOW THE ZONE UNDER A

RUNNING MATE SYSTEM.—If the Secretary of the Navy authorizes
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the selection of officers for promotion from below the promotion

zone in accordance with section 14307 of this title, the number

of officers to be considered from below the zone may be established

through the application of the running mate system or otherwise

as the Secretary determines to be appropriate to meet the needs

of the Navy or Marine Corps.

‘‘§ 14307. Number of officers to be recommended for promotion

‘‘(a) DETERMINATION OF MAXIMUM NUMBER.—Before convening

a promotion board under section 14101(a) of this title for a grade

and competitive category (other than a vacancy promotion board),

the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, shall determine the

maximum number of officers in that grade and competitive category

that the board may recommend for promotion. The Secretary shall

make the determination under the preceding sentence of the maximum number that may be recommended with a view to having

on the reserve active-status list a sufficient number of officers

in each grade and competitive category to meet the needs of the

armed force concerned for officers on that list. In order to make

that determination, the Secretary shall determine (1) the number

of positions needed to accomplish mission objectives which require

officers of such competitive category in the grade to which the

board will recommend officers for promotion, (2) the estimated

number of officers needed to fill vacancies in such positions during

the period in which it is anticipated that officers selected for promotion will be promoted, (3) the number of officers authorized

by the Secretary of the military department concerned to serve

on the reserve active-status list in the grade and competitive category under consideration, and (4) any statutory limitation on the

number of officers in any grade or category (or combination thereof)

authorized to be on the reserve active-status list.

‘‘(b) BELOW-THE-ZONE SELECTIONS.—(1) The Secretary of the

military department concerned may, when the needs of the armed

force concerned require, authorize the consideration of officers in

the grade of captain, major, or lieutenant colonel on the reserve

active-status list of the Army or Air Force, in a grade above first

lieutenant on the reserve active-status list of the Marine Corps,

or in a grade above lieutenant (junior grade) on the reserve activestatus list of the Navy, for promotion to the next higher grade

from below the promotion zone.

‘‘(2) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may

be recommended for promotion from below the promotion zone

in each competitive category to be considered. That number may

not exceed the number equal to 10 percent of the maximum number

of officers that the board is authorized to recommend for promotion

in such competitive category, except that the Secretary of Defense

may authorize a greater number, not to exceed 15 percent of the

total number of officers that the board is authorized to recommend

for promotion, if the Secretary of Defense determines that the

needs of the armed force concerned so require. If the maximum

number determined under this paragraph is less than one, the

board may recommend one officer for promotion from below the

promotion zone.
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‘‘(3) The number of officers recommended for promotion from

below the promotion zone does not increase the maximum number

of officers that the board is authorized to recommend for promotion

under subsection (a).

‘‘§ 14308. Promotions: how made

‘‘(a) PROMOTION LIST.—When the report of a selection board

convened under section 14101(a) or 14502 of this title is approved

by the President, the Secretary of the military department concerned shall place the names of all officers selected for promotion

within a competitive category on a single list for that competitive

category, to be known as a promotion list, in the order of seniority

of those officers on the reserve active-status list.

‘‘(b) PROMOTION; HOW MADE; ORDER.—(1) Officers on a promotion list for a competitive category shall be promoted in the

manner specified in section 12203 of this title.

‘‘(2) Officers on a promotion list for a competitive category

shall be promoted to the next higher grade in accordance with

regulations prescribed by the Secretary of the military department

concerned. Except as provided in section 14311, 14312, or 14502(e)

of this title or in subsection (d) or (e), promotions shall be made

in the order in which the names of officers appear on the promotion

list and after officers previously selected for promotion in that

competitive category have been promoted.

‘‘(3) Officers to be promoted to the grade of first lieutenant

or lieutenant (junior grade) shall be promoted in accordance with

regulations prescribed by the Secretary of the military department

concerned.

‘‘(c) DATE OF RANK.—(1) The date of rank of an officer appointed

to a higher grade under this section is determined under section

741(d)(2) of this title.

‘‘(2) Except as specifically authorized by law, a reserve officer

is not entitled to additional pay or allowances if the effective date

of the officer’s promotion is adjusted to reflect a date earlier than

the actual date of the officer’s promotion.

‘‘(d) OFFICERS WITH RUNNING MATES.—An officer to whom a

running mate system applies under section 14306 of this title

and who is selected for promotion is eligible for promotion to the

grade for which selected when the officer who is that officer’s

running mate becomes eligible for promotion under chapter 36

of this title. The effective date of the promotion of that officer

shall be the same as that of the officer’s running mate in the

grade to which the running mate is promoted. ‘‘(e) ARMY RESERVE AND AIR FORCE RESERVE PROMOTIONS TO

FILL VACANCIES.—Subject to this section and to section 14311(e)

of this title, and under regulations prescribed by the Secretary

of the military department concerned—

‘‘(1) an officer in the Army Reserve or the Air Force Reserve

who is on a promotion list as a result of selection for promotion

by a mandatory promotion board convened under section

14101(a) of this title or a board convened under section 14502

or chapter 36 of this title may be promoted at any time to

fill a vacancy in a position to which the officer is assigned;

and

‘‘(2) an officer in the Army Reserve or the Air Force Reserve

who is on a promotion list as a result of selection for promotion

by a vacancy promotion board convened under section 14101(a)
S. 2182—276

of this title may be promoted at any time to fill the vacancy

for which the officer was selected.

‘‘(f) EFFECTIVE DATE OF PROMOTION AFTER FEDERAL RECOGNITION.—The effective date of a promotion of a reserve commissioned

officer of the Army or the Air Force who is extended Federal

recognition in the next higher grade in the Army National Guard

or the Air National Guard under section 307 or 310 of title 32

shall be the date on which such Federal recognition in that grade

is so extended.

‘‘(g) ARMY AND AIR FORCE GENERAL OFFICER PROMOTIONS.—

A reserve officer of the Army who is on a promotion list for promotion to the grade of brigadier general or major general as a

result of selection by a vacancy promotion board may be promoted

to that grade only to fill a vacancy in that grade in a unit of

the Army Reserve that is organized to serve as a unit and that

has attained the strength prescribed by the Secretary of the Army.

A reserve officer of the Air Force who is on a promotion list

for promotion to the grade of brigadier general or major general

as a result of selection by a vacancy promotion board may be

promoted to that grade only to fill a vacancy in the Air Force

Reserve in that grade.

‘‘§ 14309. Acceptance of promotion; oath of office

‘‘(a) ACCEPTANCE.—An officer who is appointed to a higher

grade under this chapter shall be considered to have accepted

the appointment on the date on which the appointment is made

unless the officer expressly declines the appointment or is granted

a delay of promotion under section 14312 of this title.

‘‘(b) OATH.—An officer who has served continuously since taking

the oath of office prescribed in section 3331 of title 5 is not required

to take a new oath upon appointment to a higher grade under

this chapter.

‘‘§ 14310. Removal of officers from a list of officers recommended for promotion

‘‘(a) REMOVAL BY PRESIDENT.—The President may remove the

name of any officer from a promotion list at any time before the

date on which the officer is promoted.

‘‘(b) REMOVAL FOR WITHHOLDING OF SENATE ADVICE AND CONSENT.—If the Senate does not give its advice and consent to the

appointment to the next higher grade of an officer whose name

is on a list of officers approved by the President for promotion

(except in the case of promotions to a reserve grade to which

appointments may be made by the President alone), the name

of that officer shall be removed from the list.

‘‘(c) CONTINUED ELIGIBILITY FOR PROMOTION.—An officer whose

name is removed from a list under subsection (a) or (b) continues

to be eligible for consideration for promotion. If that officer is

recommended for promotion by the next selection board convened

for that officer’s grade and competitive category and the officer

is promoted, the Secretary of the military department concerned

may, upon the promotion, grant the officer the same date of rank,

the same effective date for the pay and allowances of the grade

to which promoted, and the same position on the reserve activestatus list, as the officer would have had if the officer’s name

had not been removed from the list.
S. 2182—277

‘‘§ 14311. Delay of promotion: involuntary

‘‘(a) DELAY DURING INVESTIGATIONS AND PROCEEDINGS.—(1)

Under regulations prescribed by the Secretary of the military

department concerned, the appointment of an officer to a higher

grade may be delayed if any of the following applies before the

date on which the appointment would otherwise be made:

‘‘(A) Sworn charges against the officer have been received

by an officer exercising general court-martial jurisdiction over

the officer and the charges have not been disposed of.

‘‘(B) An investigation is being conducted to determine

whether disciplinary action of any kind should be brought

against the officer.

‘‘(C) A board of officers has been convened under section

14903 of this title to review the record of the officer.

‘‘(D) A criminal proceeding in a Federal or State court

of competent jurisdiction is pending against the officer.

‘‘(2) If disciplinary action is not taken against the officer, if

the charges against the officer are withdrawn or dismissed, if the

officer is not separated by the Secretary of the military department

concerned as the result of having been required to show cause

for retention, or if the officer is acquitted of the charges, as the

case may be, then (unless action to delay the officer’s appointment

to the higher grade has been taken under subsection (b)) the officer

shall be retained on the promotion list, list of officers found qualified

for Federal recognition, or list of officers nominated by the President

to the Senate for appointment in a higher reserve grade and shall,

upon promotion to the next higher grade, have the same date

of rank, the same effective date for the pay and allowances of

the grade to which promoted, and the same position on the reserve

active-status list as the officer would have had if no delay had

intervened, unless the Secretary concerned determines that the

officer was unqualified for promotion for any part of the delay.

If the Secretary makes such a determination, the Secretary may

adjust such date of rank, effective date of pay and allowances,

and position on the reserve active-status list as the Secretary considers appropriate under the circumstances.

‘‘(b) DELAY FOR LACK OF QUALIFICATIONS.—Under regulations

prescribed by the Secretary of the military department concerned,

the appointment of an officer to a higher grade may also be delayed

if there is cause to believe that the officer is mentally, physically,

morally, or professionally unqualified to perform the duties of the

grade to which selected. If the Secretary concerned later determines

that the officer is qualified for promotion to the higher grade,

the officer shall be retained on the promotion list, the list of officers

found qualified for Federal recognition, or list of officers nominated

by the President to the Senate for appointment in a higher reserve

grade, and shall, upon promotion to that grade, have the same

date of rank, the same effective date for pay and allowances of

that grade, and the same position on the reserve active-status

list as the officer would have had if no delay had intervened,

unless the Secretary concerned determines that the officer was

unqualified for promotion for any part of the delay. If the Secretary

makes such a determination, the Secretary may adjust such date

of rank, effective date of pay and allowances, and position on

the reserve active-status list as the Secretary considers appropriate

under the circumstances.
S. 2182—278

‘‘(c) NOTICE TO OFFICER.—(1) The appointment of an officer

to a higher grade may not be delayed under subsection (a) or

(b) unless the officer is given written notice of the grounds for

the delay. The preceding sentence does not apply if it is impracticable to give the officer written notice before the date on which

the appointment to the higher grade would otherwise take effect,

but in such a case the written notice shall be given as soon as

practicable.

‘‘(2) An officer whose promotion is delayed under subsection

(a) or (b) shall be given an opportunity to make a written statement

to the Secretary of the military department concerned in response

to the action taken. The Secretary shall give consideration to any

such statement.

‘‘(d) MAXIMUM LENGTH OF DELAY IN PROMOTION.—The appointment of an officer to a higher grade may not be delayed under

subsection (a) or (b) for more than six months after the date on

which the officer would otherwise have been promoted unless the

Secretary concerned specifies a further period of delay. An officer’s

appointment may not be delayed more than 90 days after final

action has been taken in any criminal case against the officer

in a Federal or State court of competent jurisdiction or more than

90 days after final action has been taken in any court-martial

case against the officer. Except for court action, a promotion may

not be delayed more than 18 months after the date on which

the officer would otherwise have been promoted.

‘‘(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER STRENGTH

IN GRADE OR DUTIES TO WHICH ASSIGNED.—(1) Under regulations

prescribed by the Secretary of Defense, the promotion of a reserve

officer on the reserve active-status list who is serving on active

duty, or who is on full-time National Guard duty for administration

of the reserves or the National Guard, to a grade to which the

strength limitations of section 12011 of this title apply shall be

delayed if necessary to ensure compliance with those strength

limitations. The delay shall expire when the Secretary determines

that the delay is no longer required to ensure such compliance. ‘‘(2) The promotion of an officer described in paragraph (1)

shall also be delayed while the officer is on duty described in

that paragraph unless the Secretary of the military department

concerned, under regulations prescribed by the Secretary of Defense,

determines that the duty assignment of the officer requires a higher

grade than the grade currently held by the officer. ‘‘(3) The date of rank and position on the reserve active-status

list of a reserve officer whose promotion to or Federal recognition

in the next higher grade was delayed under paragraph (1) or

(2) solely as the result of the limitations imposed under the regulations prescribed by the Secretary of Defense or contained in section

12011 of this title shall be the date on which the officer would

have been promoted to or recognized in the higher grade had

such limitations not existed.

‘‘(4) If an officer whose promotion is delayed under paragraph

(1) or (2) completes the period of active duty or full-time National

Guard duty that the officer is required by law or regulation to

perform as a member of a reserve component, the officer may

request release from active duty or full-time National Guard duty.

If the request is granted, the officer’s promotion shall be effective

upon the officer’s release from such duty. The date of rank and

position on the reserve active-status list of the officer shall be
S. 2182—279

the date the officer would have been promoted to or recognized

in the higher grade had the limitations imposed under regulations

prescribed by the Secretary of Defense contained in section 12011

of this title not existed. If an officer whose promotion is delayed

under paragraph (1) or (2) has not completed the period of active

duty or full-time National Guard duty that the officer is required

by law or regulation to perform as a member of a reserve component,

the officer may be retained on active duty or on full-time National

Guard duty in the grade in which the officer was serving before

the officer’s being found qualified for Federal recognition or the

officer’s selection for the promotion until the officer completes that

required period of duty.

‘‘§ 14312. Delay of promotion: voluntary

‘‘(a) AUTHORITY FOR VOLUNTARY DELAYS.—(1) The Secretary

of the military department concerned may, by regulation, permit

delays of a promotion of an officer who is recommended for promotion by a mandatory selection board convened under section

14101(a) or a special selection board convened under section 14502

of this title at the request of the officer concerned. Such delays,

in the case of any promotion, may extend for any period not to

exceed three years from the date on which the officer would otherwise be promoted.

‘‘(2) Regulations under this section shall provide that—

‘‘(A) a request for such a delay of promotion must be

submitted by the officer concerned before the delay may be

approved; and

‘‘(B) denial of such a request shall not be considered to

be a failure of selection for promotion unless the officer declines

to accept a promotion under circumstances set forth in subsection (c).

‘‘(b) EFFECT OF APPROVAL OF REQUEST.—If a request for delay

of a promotion under subsection (a) is approved, the officer’s name

shall remain on the promotion list during the authorized period

of delay (unless removed under any other provision of law). Upon

the end of the period of the authorized delay, or at any time

during such period, the officer may accept the promotion, which

shall be effective on the date of acceptance. Such an acceptance

of a promotion shall be made in accordance with regulations prescribed under this section.

‘‘(c) EFFECT OF DECLINING A PROMOTION.—An officer’s name

shall be removed from the promotion list and, if the officer is

serving in a grade below colonel or, in the case of the Navy,

captain, the officer shall be considered to have failed of selection

for promotion if any of the following applies:

‘‘(1) The Secretary concerned has not authorized voluntary

delays of promotion under subsection (a) to the grade concerned

and the officer declines to accept an appointment to a higher

grade.

‘‘(2) The Secretary concerned has authorized voluntary

delays of promotion under subsection (a), but has denied the

request of the officer for a delay of promotion and the officer

then declines to accept an appointment to a higher grade.

‘‘(3) The Secretary concerned has approved the request

of an officer for a delay of promotion and, upon the end of

the period of delay authorized in accordance with regulations
S. 2182—280

prescribed under subsection (a), the officer then declines to

accept an appointment to a higher grade.

‘‘§ 14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)

‘‘(a) AUTHORITY.—The President may vacate the appointment

of a reserve officer to the grade of brigadier general or rear admiral

(lower half) if the period of time during which the officer has

served in that grade after promotion to that grade is less than

18 months.

‘‘(b) EFFECT OF PROMOTION BEING VACATED.—Except as provided in subsection (c), an officer whose promotion to the grade

of brigadier general is vacated under this section holds the grade

of colonel as a reserve of the armed force of which the officer

is a member. An officer whose promotion to the grade of rear

admiral (lower half) is vacated under this section holds the grade

of captain in the Naval Reserve. Upon assuming the lower grade,

the officer shall have the same position on the reserve activestatus list as the officer would have had if the officer had not

served in the higher grade.

‘‘(c) SPECIAL RULE FOR OFFICERS SERVING AS ADJUTANT GENERAL.—In the case of an officer serving as an adjutant general

or assistant adjutant general whose promotion to the grade of

brigadier general is vacated under this section, the officer then

holds the reserve grade held by that officer immediately before

the officer’s appointment as adjutant general or assistant adjutant

general.

‘‘§ 14314. Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate

with grade; State adjutants general

‘‘(a) GENERAL OFFICERS.—Within 30 days after a reserve officer

of the Army or the Air Force on the reserve active-status list

in a general officer grade ceases to occupy a position commensurate

with that grade (or commensurate with a higher grade), the Secretary concerned shall transfer or discharge the officer in accordance

with whichever of the following the officer elects:

‘‘(1) Transfer the officer in grade to the Retired Reserve,

if the officer is qualified and applies for the transfer.

‘‘(2) Transfer the officer in grade to the inactive status

list of the Standby Reserve, if the officer is qualified.

‘‘(3) Discharge the officer from the officer’s reserve appointment and, if the officer is qualified and applies therefor, appoint

the officer in the reserve grade held by the officer as a reserve

officer before the officer’s appointment in a general officer

grade. ‘‘(4) Discharge the officer from the officer’s reserve appointment.

‘‘(b) ADJUTANTS GENERAL.—If a reserve officer who is federally

recognized in the Army National Guard or the Air National Guard

solely because of the officer’s appointment as adjutant general or

assistant adjutant general of a State ceases to occupy that position,

the Secretary concerned, not later than 30 days after the date

on which the officer ceases to occupy that position, shall—

‘‘(1) withdraw that officer’s Federal recognition; and

‘‘(2) require that the officer—
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‘‘(A) be transferred in grade to the Retired Reserve,

if the officer is qualified and applies for the transfer;

‘‘(B) be discharged from the officer’s reserve appointment and appointed in the reserve grade held by the officer

as a reserve officer of the Air Force immediately before

the appointment of that officer as adjutant general or

assistant adjutant general, if the officer is qualified and

applies for that appointment; or

‘‘(C) be discharged from the officer’s reserve appointment.

‘‘(c) CREDIT FOR SERVICE IN GRADE.—An officer who is appointed

under subsection (a)(3) or (b)(2)(B) shall be credited with an amount

of service in the grade in which appointed that is equal to the

amount of prior service in an active status in that grade and

in any higher grade.

‘‘§ 14315. Position vacancy promotions: Army and Air Force

officers

‘‘(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR VACANCY PROMOTIONS BELOW BRIGADIER GENERAL.—A reserve officer of the

Army who is in the Army Reserve, or a Reserve officer of the

Air Force who is in the Air Force Reserve, who is on the reserve

active-status list in the grade of first lieutenant, captain, major,

or lieutenant colonel is eligible for consideration for promotion

to the next higher grade under this section if each of the following

applies:

‘‘(1) The officer is occupying or, as determined by the Secretary concerned, is available to occupy a position in the same

competitive category as the officer and for which a grade higher

than the one held by that officer is authorized.

‘‘(2) The officer is fully qualified to meet all requirements

for the position as established by the Secretary of the military

department concerned.

‘‘(3) The officer has held the officer’s present grade for

the minimum period of service prescribed in section 14303

of this title for eligibility for consideration for promotion to

the higher grade.

‘‘(b) CONSIDERATION FOR VACANCY PROMOTION TO BRIGADIER

GENERAL OR MAJOR GENERAL.—(1) A reserve officer of the Army

who is in the Army Reserve and on the reserve active-status list

in the grade of colonel or brigadier general may be considered

for promotion to the next higher grade under this section if the

officer (A) is assigned to the duties of a general officer of the

next higher reserve grade in a unit of the Army Reserve organized

to serve as a unit, (B) has held the officer’s present grade for

the minimum period of service prescribed in section 14303 of this

title for eligibility for consideration for promotion to the higher

grade, and (C) meets the standards for consideration prescribed

by the Secretary of the Army.

‘‘(2) A reserve officer of the Air Force who is in the Air Force

Reserve and on the reserve active-status list in the grade of colonel

or brigadier general may be considered for promotion to the next

higher grade under this section if the officer (A) is assigned to

the duties of a general officer of the next higher reserve grade,

and (B) meets the standards for consideration prescribed by the

Secretary of the Air Force.
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‘‘(c) VACANCY PROMOTION BOARDS.—Consideration for promotion under this section shall be by a vacancy promotion board

convened under section 14101(a) of this title.

‘‘(d) EFFECT OF NONSELECTION.—An officer who is considered

for promotion under this section and is not selected shall not

be considered to have failed of selection for promotion.

‘‘(e) SPECIAL RULE FOR OFFICERS FAILED OF SELECTION.—A

reserve officer of the Army or the Air Force who is considered

as failed of selection for promotion under section 14501 of this

title to a grade may be considered for promotion under this section

or, if selected, promoted to that grade only if the Secretary of

the military department concerned finds that the officer is the

only qualified officer available to fill the vacancy. The Secretary

concerned may not delegate the authority under the preceding

sentence.

‘‘§ 14316. Army National Guard and Air National Guard:

appointment to and Federal recognition in a

higher reserve grade after selection for promotion

‘‘(a) OPPORTUNITY FOR PROMOTION TO FILL A VACANCY IN THE

GUARD.—If an officer of the Army National Guard of the United

States or the Air National Guard of the United States is recommended by a mandatory selection board convened under section

14101(a) or a special selection board convened under section 14502

of this title for promotion to the next higher grade, an opportunity

shall be given to the appropriate authority of the State to promote

that officer to fill a vacancy in the Army National Guard or the

Air National Guard of that jurisdiction. ‘‘(b) AUTOMATIC FEDERAL RECOGNITION.—An officer of the Army

National Guard of the United States or the Air National Guard

of the United States who is on a promotion list for promotion

to the next higher grade as a result of selection for promotion

as described in subsection (a) and who before the date of promotion

is appointed in that higher grade to fill a vacancy in the Army

National Guard or Air National Guard shall—

‘‘(1) be extended Federal recognition in that grade, without

the examination prescribed in section 307 of title 32; and

‘‘(2) subject to section 14311(e) of this title, be promoted

to that reserve grade effective on the date of the officer’s

appointment in that grade in the Army National Guard or

Air National Guard.

‘‘(c) NATIONAL GUARD OFFICERS FAILED OF SELECTION.—An

officer who is considered as failed of selection for promotion under

section 14501 of this title to a grade may be extended Federal

recognition in that grade only if the Secretary of the military

department concerned finds that the officer is the only qualified

officer available to fill a vacancy. The Secretary concerned may

not delegate the authority under the preceding sentence.

‘‘(d) TRANSFER TO ARMY RESERVE OR AIR FORCE RESERVE.—

If, on the date on which an officer of the Army National Guard

of the United States or of the Air National Guard of the United

States who is on a promotion list as described in subsection (a)

is to be promoted, the officer has not been promoted to fill a

vacancy in the higher grade in the Army National Guard or the

Air National Guard, the officer’s Federal recognition in the officer’s

reserve grade shall be withdrawn and the officer shall be promoted
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and transferred to the Army Reserve or the Air Force Reserve

as appropriate.

‘‘§ 14317. Officers in transition to and from the active-status

list or active-duty list

‘‘(a) EFFECT OF TRANSFER TO INACTIVE STATUS OR RETIRED

STATUS.—If a reserve officer on the reserve active-status list is

transferred to an inactive status or to a retired status after having

been recommended for promotion to a higher grade under this

chapter or chapter 36 of this title, or after having been found

qualified for Federal recognition in the higher grade under title

32, but before being promoted, the officer—

‘‘(1) shall be treated as if the officer had not been considered

and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and

‘‘(2) may not be placed on a promotion list or promoted

to the higher grade after returning to an active status,

unless the officer is again recommended for promotion by a selection

board convened under chapter 36 of this title or section 14101(a)

or 14502 of this title or examined for Federal recognition under

title 32.

‘‘(b) EFFECT OF PLACEMENT ON ACTIVE-DUTY LIST.—A reserve

officer who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section

14101(a) or a special selection board convened under section 14502

of this title and who before being promoted is placed on the activeduty list of the same armed force and placed in the same competitive

category shall, under regulations prescribed by the Secretary of

Defense, be placed on an appropriate promotion list for officers

on the active-duty list established under chapter 36 of this title. ‘‘(c) OFFICERS ON A PROMOTION LIST REMOVED FROM ACTIVE- DUTY LIST.—An officer who is on the active-duty list and is on

a promotion list as the result of selection for promotion by a selection board convened under chapter 36 of this title and who before

being promoted is removed from the active-duty list and placed

on the reserve active-status list of the same armed force and in

the same competitive category (including a regular officer who

on removal from the active-duty list is appointed as a reserve

officer and placed on the reserve active-status list) shall, under

regulations prescribed by the Secretary of Defense, be placed on

an appropriate promotion list established under this chapter.

‘‘(d) OFFICERS SELECTED FOR POSITION VACANCIES.—If a reserve

officer is ordered to active duty (other than active duty for training)

or full-time National Guard duty (other than full-time National

Guard duty for training only) after being recommended for promotion under section 14314 of this title to fill a position vacancy

or examined for Federal recognition under title 32, and before

being promoted to fill that vacancy, the officer shall not be promoted

while serving such active duty or full-time National Guard duty

unless the officer is ordered to active duty as a member of the

unit in which the vacancy exists when that unit is ordered to

active duty. If, under this subsection, the name of an officer is

removed from a list of officers recommended for promotion, the

officer shall be treated as if the officer had not been considered

for promotion or examined for Federal recognition.

‘‘(e) Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is not on the
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active-duty list and who is ordered to active duty in time of war

or national emergency may, if eligible, be considered for promotion

by a mandatory promotion board convened under section 14101(a)

or a special selection board convened under section 14502 of this

title for not more than two years from the date the officer is

ordered to active duty unless the President suspends the operation

of this section under the provisions of section 10213 or 644 of

this title.

‘‘CHAPTER 1407—FAILURE OF SELECTION FOR

PROMOTION AND INVOLUNTARY SEPARATION

‘‘Sec.

‘‘14501. Failure of selection for promotion.

‘‘14502. Special selection boards: correction of errors.

‘‘14503. Discharge of officers with less than five years of commissioned service or

found not qualified for promotion to first lieutenant or lieutenant (junior

grade). ‘‘14504. Effect of failure of selection for promotion: reserve first lieutenants of the

Army, Air Force, and Marine Corps and reserve lieutenants (junior

grade) of the Navy. ‘‘14505. Effect of failure of selection for promotion: reserve captains of the Army, Air

Force, and Marine Corps and reserve lieutenants of the Navy. ‘‘14506. Effect of failure of selection for promotion: reserve majors of the Army, Air

Force, and Marine Corps and lieutenant commanders of the Navy. ‘‘14507. Removal from the active-status list for years of service: reserve lieutenant

colonels and colonels of the Army, Air Force, and Marine Corps and reserve commanders and captains of the Navy. ‘‘14508. Removal from the reserve active-status list for years of service: reserve general and flag officers. ‘‘14509. Separation at age 60: reserve officers below brigadier general or rear admiral (lower half).

‘‘14510. Separation at age 60: reserve brigadier generals and rear admirals (lower

half).

‘‘14511. Separation at age 62: major generals and rear admirals. ‘‘14512. Separation at age 64: officers holding certain offices. ‘‘14513. Separation for failure of selection of promotion.

‘‘14514. Discharge or retirement for years of service or after selection for early

removal.

‘‘14515. Discharge or retirement for age. ‘‘14516. Separation to be considered involuntary. ‘‘14517. Entitlement of officers discharged under this chapter to separation pay.

‘‘§ 14501. Failure of selection for promotion

‘‘(a) An officer on the reserve active-status list in a grade

below the grade of colonel or, in the case of an officer in the

Naval Reserve, captain who is in or above the promotion zone

established for that officer’s grade and competitive category and

who (1) is considered but not recommended for promotion (other

than by a vacancy promotion board), or (2) declines to accept a

promotion for which selected (other than by a vacancy promotion

board), shall be considered to have failed of selection for promotion.

‘‘(b) OFFICERS TWICE FAILED OF SELECTION.—An officer shall

be considered for all purposes to have twice failed of selection

for promotion if any of the following applies:

‘‘(1) The officer is considered but not recommended for

promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) of this title.

‘‘(2) The officer declines to accept a promotion for which

recommended by a mandatory promotion board convened under

section 14101(a) or a special selection board convened under

section 14502(a) or 14502(b) of this title after previously failing
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of selection or after the officer’s name was removed from the

report of a selection board under section 14111(b) or from

a promotion list under section 14310 of this title after recommendation for promotion by an earlier selection board

described in subsection (a).

‘‘(3) The officer’s name has been removed from the report

of a selection board under section 14111(b) or from a promotion

list under section 14310 of this title after recommendation

by a mandatory promotion board convened under section

14101(a) or by a special selection board convened under section

14502(a) or 14502(b) of this title and—

‘‘(A) the officer is not recommended for promotion by

the next mandatory promotion board convened under section 14101(a) or special selection board convened under

section 14502(a) of this title for that officer’s grade and

competitive category; or

‘‘(B) the officer’s name is again removed from the report

of a selection board under section 14111(b) or from a promotion list under section 14310 of this title.

‘‘§ 14502. Special selection boards: correction of errors

‘‘(a) OFFICERS NOT CONSIDERED BECAUSE OF ADMINISTRATIVE

ERROR.—(1) In the case of an officer or former officer who the

Secretary of the military department concerned determines was

not considered for selection for promotion from in or above the

promotion zone by a mandatory promotion board convened under

section 14101(a) of this title because of administrative error, the

Secretary concerned shall convene a special selection board under

this subsection to determine whether such officer or former officer

should be recommended for promotion. Any such board shall be

convened under regulations prescribed by the Secretary of Defense

and shall be appointed and composed in accordance with section

14102 of this title and shall include the representation of competitive categories required by that section. The members of a board

convened under this subsection shall be required to take an oath

in the same manner as prescribed in section 14103 of this title.

‘‘(2) A special selection board convened under this subsection

shall consider the record of the officer or former officer as that

record would have appeared to the promotion board that should

have considered the officer or former officer. That record shall

be compared with a sampling of the records of those officers of

the same grade and competitive category who were recommended

for promotion and those officers of the same grade and competitive

category who were not recommended for promotion by that board. ‘‘(3) If a special selection board convened under paragraph

(1) does not recommend for promotion an officer or former officer

in a grade below the grade of colonel or, in the case of an officer

or former officer of the Navy, captain, whose name was referred

to it for consideration, the officer or former officer shall be considered to have failed of selection for promotion.

‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED; MATERIAL

ERROR.—(1) In the case of an officer or former officer who was

eligible for promotion and was considered for selection for promotion

from in or above the promotion zone under this chapter by a

selection board but was not selected, the Secretary of the military

department concerned may, under regulations prescribed by the

Secretary of Defense, convene a special selection board under this
S. 2182—286

subsection to determine whether the officer or former officer should

be recommended for promotion, if the Secretary determines that—

‘‘(A) the action of the selection board that considered the

officer or former officer was contrary to law or involved material

error of fact or material administrative error; or

‘‘(B) the selection board did not have before it for its consideration material information.

‘‘(2) A special selection board convened under paragraph (1)

shall be appointed and composed in accordance with section 14102

of this title (including the representation of competitive categories

required by that section), and the members of such a board shall

take an oath in the same manner as prescribed in section 14103

of this title.

‘‘(3) Such board shall consider the record of the officer or

former officer as that record, if corrected, would have appeared

to the selection board that considered the officer or former officer.

That record shall be compared with a sampling of the records

of those officers of the same grade and competitive category who

were recommended for promotion and those officers of the same

grade and competitive category who were not recommended for

promotion by that board.

‘‘(4) If a special selection board convened under paragraph

(1) does not recommend for promotion an officer or former officer

in the grade of lieutenant colonel or commander or below whose

name was referred to it for consideration, the officer or former

officer shall be considered to have failed of selection for promotion

by the board which did consider the officer but incurs no additional

failure of selection for promotion from the action of the special

selection board.

‘‘(c) REPORT.—Each special selection board convened under this

section shall submit to the Secretary of the military department

concerned a written report, signed by each member of the board,

containing the name of each officer it recommends for promotion

and certifying that the board has considered carefully the record

of each officer whose name was referred to it.

‘‘(d) APPLICABLE PROVISIONS.—The provisions of sections 14104,

14109, 14110, and 14111 of this title apply to the report and

proceedings of a special selection board convened under this section

in the same manner as they apply to the report and proceedings

of a promotion board convened under section 14101(a) of this title.

‘‘(e) APPOINTMENT OF OFFICERS RECOMMENDED FOR PROMOTION.—(1) An officer whose name is placed on a promotion list

as a result of recommendation for promotion by a special selection

board convened under this section, shall, as soon as practicable,

be appointed to the next higher grade in accordance with the

law and policies which would have been applicable had he been

recommended for promotion by the board which should have considered or which did consider him.

‘‘(2) An officer who is promoted to the next higher grade as

the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the

same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve activestatus list as the officer would have had if the officer had been

recommended for promotion to that grade by the selection board

which should have considered, or which did consider, the officer.
S. 2182—287

‘‘(3) If the report of a special selection board convened under

this section, as approved by the President, recommends for promotion to the next higher grade an officer not currently eligible

for promotion or a former officer whose name was referred to

it for consideration, the Secretary concerned may act under section

1552 of this title to correct the military record of the officer or

former officer to correct an error or remove an injustice resulting

from not being selected for promotion by the board which should

have considered, or which did consider, the officer.

‘‘(f) TIME LIMITS FOR CONSIDERATION.—The Secretary of

Defense may prescribe by regulation the circumstances under which

consideration by a special selection board is contingent upon

application for consideration by an officer or former officer and

time limits within which an officer or former officer must make

such application in order to be considered by a special selection

board under this section.

‘‘(g) LIMITATION OF OTHER JURISDICTION.—No official or court

of the United States shall have power or jurisdiction—

‘‘(1) over any claim based in any way on the failure of

an officer or former officer of the armed forces to be selected

for promotion by a selection board convened under chapter

1403 of this title until—

‘‘(A) the claim has been referred to a special selection

board by the Secretary concerned and acted upon by that

board; or

‘‘(B) the claim has been rejected by the Secretary without consideration by a special selection board; or

‘‘(2) to grant any relief on such a claim unless the officer

or former officer has been selected for promotion by a special

selection board convened under this section to consider the

officer’s claim.

‘‘(h) JUDICIAL REVIEW.—(1) A court of the United States may

review a determination by the Secretary concerned under subsection

(a)(1), (b)(1), or (e)(3) not to convene a special selection board.

If a court finds the determination to be arbitrary or capricious,

not based on substantial evidence, or otherwise contrary to law,

it shall remand the case to the Secretary concerned, who shall

provide for consideration of the officer or former officer by a special

selection board under this section.

‘‘(2) If a court finds that the action of a special selection board

which considers an officer or former officer was contrary to law

or involved material error of fact or material administrative error,

it shall remand the case to the Secretary concerned, who shall

provide the officer or former officer reconsideration by a new special

selection board.

‘‘(i) DESIGNATION OF BOARDS.—The Secretary of the military

department concerned may designate a promotion board convened

under section 14101(a) of this title as a special selection board

convened under this section. A board so designated may function

in both capacities.

‘‘§ 14503. Discharge of officers with less than five years of

commissioned service or found not qualified for

promotion to first lieutenant or lieutenant (junior grade)

‘‘(a) AUTHORIZED DISCHARGES.—The Secretary of the military

department concerned may discharge any reserve officer who—
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‘‘(1) has less than five years of service in an active status

as a commissioned officer; or

‘‘(2) is serving in the grade of second lieutenant or ensign

and has been found not qualified for promotion to the grade

of first lieutenant or lieutenant (junior grade).

‘‘(b) TIME FOR DISCHARGE.—(1) An officer described in subsection (a)(2)—

‘‘(A) may be discharged at any time after being found

not qualified for promotion; and

‘‘(B) if not sooner discharged, shall be discharged at the

end of the 18-month period beginning on the date on which

the officer is first found not qualified for promotion.

‘‘(2) Paragraph (1) shall not apply if the officer is sooner promoted.

‘‘(c) REGULATIONS.—Discharges under this section shall be made

under regulations prescribed by the Secretary of Defense and may

be made without regard to section 12645 of this title.

‘‘§ 14504. Effect of failure of selection for promotion: reserve

first lieutenants of the Army, Air Force, and

Marine Corps and reserve lieutenants (junior

grade) of the Navy

‘‘(a) GENERAL RULE.—A first lieutenant on the reserve activestatus list of the Army, Air Force, or Marine Corps or a lieutenant

(junior grade) on the reserve active-status list of the Navy who

has failed of selection for promotion to the next higher grade for

the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated

in accordance with section 14513 of this title not later than the

first day of the seventh month after the month in which the President approves the report of the board which considered the officer

for the second time.

‘‘(b) EXCEPTIONS.—Subsection (a) does not apply (1) in the case

of an officer retained as provided by regulation of the Secretary

of the military department concerned in order to meet planned

mobilization needs for a period not in excess of 24 months beginning

with the date on which the President approves the report of the

selection board which resulted in the second failure, or (2) as

provided in section 12646 or 12686 of this title.

‘‘§ 14505. Effect of failure of selection for promotion: reserve

captains of the Army, Air Force, and Marine

Corps and reserve lieutenants of the Navy

‘‘Unless retained as provided in section 12646 or 12686 of

this title, a captain on the reserve active-status list of the Army,

Air Force, or Marine Corps or a lieutenant on the reserve activestatus list of the Navy who has failed of selection for promotion

to the next higher grade for the second time and whose name

is not on a list of officers recommended for promotion to the next

higher grade and who has not been selected for continuation on

the reserve active-status list under section 14701 of this title, shall

be separated in accordance with section 14513 of this title not

later than the first day of the seventh month after the month

in which the President approves the report of the board which

considered the officer for the second time.
S. 2182—289

‘‘§ 14506. Effect of failure of selection for promotion: reserve

majors of the Army, Air Force and Marine Corps

and reserve lieutenant commanders of the Navy

‘‘Unless retained as provided in section 12646, 12686, 14701,

or 14702 of this title, each reserve officer of the Army, Navy,

Air Force, or Marine Corps who holds the grade of major or lieutenant commander who has failed of selection to the next higher

grade for the second time and whose name is not on a list of

officers recommended for promotion to the next higher grade shall,

if not earlier removed from the reserve active-status list, be removed

from that list in accordance with section 14513 of this title on

the first day of the month after the month in which the officer

completes 20 years of commissioned service.

‘‘§ 14507. Removal from the reserve active-status list for years

of service: reserve lieutenant colonels and

colonels of the Army, Air Force, and Marine

Corps and reserve commanders and captains of

the Navy

‘‘(a) LIEUTENANT COLONELS AND COMMANDERS.—Unless continued on the reserve active-status list under section 14701 or 14702

of this title or retained as provided in section 12646 or 12686

of this title, each reserve officer of the Army, Navy, Air Force,

or Marine Corps who holds the grade of lieutenant colonel or

commander and who is not on a list of officers recommended for

promotion to the next higher grade shall (if not earlier removed

from the reserve active-status list) be removed from that list under

section 14514 of this title on the first day of the month after

the month in which the officer completes 28 years of commissioned

service.

‘‘(b) COLONELS AND NAVY CAPTAINS.—Unless continued on the

reserve active-status list under section 14701 or 14702 of this

title or retained as provided in section 12646 or 12686 of this

title, each reserve officer of the Army, Air Force, or Marine Corps

who holds the grade of colonel, and each reserve officer of the

Navy who holds the grade of captain, and who is not on a list

of officers recommended for promotion to the next higher grade

shall (if not earlier removed from the reserve active-status list)

be removed from that list under section 14514 of this title on

the first day of the month after the month in which the officer

completes 30 years of commissioned service. This subsection does

not apply to the adjutant general or assistant adjutants general

of a State.

‘‘§ 14508. Removal from the reserve active-status list for years

of service: reserve general and flag officers

‘‘(a) THIRTY YEARS SERVICE OR FIVE YEARS IN GRADE.—Unless

retired, transferred to the Retired Reserve, or discharged at an

earlier date, each reserve officer of the Army, Air Force, or Marine

Corps in the grade of brigadier general who has not been recommended for promotion to the grade of major general, and each

reserve officer of the Navy in the grade of rear admiral (lower

half) who has not been recommended for promotion to rear admiral

shall, 30 days after completion of 30 years of commissioned service

or on the fifth anniversary of the date of the officer’s appointment

in the grade of brigadier general or rear admiral (lower half),
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whichever is later, be separated in accordance with section 14514

of this title.

‘‘(b) THIRTY-FIVE YEARS SERVICE OR FIVE YEARS IN GRADE.—

Unless retired, transferred to the Retired Reserve, or discharged

at an earlier date, each reserve officer of the Army, Air Force,

or Marine Corps in the grade of major general, and each reserve

officer of the Navy in the grade of rear admiral, shall, 30 days

after completion of 35 years of commissioned service or on the

fifth anniversary of the date of the officer’s appointment in the

grade of major general or rear admiral, whichever is later, be

separated in accordance with section 14514 of this title.

‘‘(c) RETENTION OF BRIGADIER GENERALS.—A reserve officer of

the Army or Air Force in the grade of brigadier general who would

otherwise be removed from an active status under this subsection

(a) may, in the discretion of the Secretary of the Army or the

Secretary of the Air Force, as the case may be, be retained in

an active status, but not later than the date on which the officer

becomes 60 years of age. Not more than 10 officers of the Army

and not more than 10 officers of the Air Force may be retained

under this subsection at any one time.

‘‘(d) RETENTION OF MAJOR GENERALS.—A reserve officer of the

Army or Air Force in the grade of major general who would otherwise be removed from an active status under this subsection (b)

may, in the discretion of the Secretary of the Army or the Secretary

of the Air Force, as the case may be, be retained in an active

status, but not later than the date on which the officer becomes

62 years of age. Not more than 10 officers of the Army and not

more than 10 officers of the Air Force may be retained under

this subsection at any one time. ‘‘(e) EXCEPTION FOR STATE ADJUTANTS GENERAL AND ASSISTANT

ADJUTANTS GENERAL.—This section does not apply to an officer

who is the adjutant general or assistant adjutant general of a

State.

‘‘§ 14509. Separation at age 60: reserve officers in grades

below brigadier general or rear admiral (lower

half)

‘‘Each reserve officer of the Army, Navy, Air Force, or Marine Corps in a grade below brigadier general or rear admiral (lower

half) who has not been recommended for promotion to the grade

of brigadier general or rear admiral (lower half) and is not a

member of the Retired Reserve shall, on the last day of the month

in which that officer becomes 60 years of age, be separated in

accordance with section 14515 of this title.

‘‘§ 14510. Separation at age 60: reserve brigadier generals

and rear admirals (lower half)

‘‘Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air

Force, or Marine Corps in the grade of brigadier general who

has not been recommended for promotion to the grade of major

general, and each reserve rear admiral (lower half) of the Navy

who has not been recommended for promotion to the grade of

rear admiral, except an officer covered by section 14512 of this

title, shall be separated in accordance with section 14515 of this

title on the last day of the month in which the officer becomes

60 years of age.
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‘‘§ 14511. Separation at age 62: major generals and rear

admirals

‘‘Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air

Force, or Marine Corps in the grade of major general and each

reserve officer of the Navy in the grade of rear admiral, except

an officer covered by section 14512 of this title, shall be separated

in accordance with section 14515 of this title on the last day

of the month in which the officer becomes 62 years of age.

‘‘§ 14512. Separation at age 64: officers holding certain offices

‘‘(a) ARMY AND AIR FORCE.—Unless retired, transferred to the

Retired Reserve, or discharged at an earlier date, a reserve officer

of the Army or Air Force who is Chief of the National Guard

Bureau, an adjutant general, or if a reserve officer of the Army,

commanding general of the troops of a State, shall on the last

day of the month in which the officer becomes 64 years of age,

be separated in accordance with section 14515 of this title.

‘‘(b) NAVY AND MARINE CORPS.—The Secretary of the Navy

may defer the retirement under section 14510 or 14511 of a reserve

officer of the Navy in a grade above captain or a reserve officer

of the Marine Corps in a grade above colonel and retain the officer

in an active status until the officer becomes 64 years of age. Not

more than 10 officers may be so deferred at any one time, distributed between the Naval Reserve and the Marine Corps Reserve

as the Secretary determines.

‘‘§ 14513. Separation for failure of selection of promotion

‘‘Each reserve officer of the Army, Navy, Air Force, or Marine

Corps who is in an active status and whose removal from an

active status or from a reserve active-status list is required by

section 14504, 14505, or 14506 of this title shall (unless the officer’s

separation is deferred or the officer is continued in an active status

under another provision of law) not later than the date specified

in those sections—

‘‘(1) be transferred to an inactive status if the Secretary

concerned determines that the officer has skills which may

be required to meet the mobilization needs of the officer’s

armed force;

‘‘(2) be transferred to the Retired Reserve, if the officer

is qualified and applies for such transfer; or

‘‘(3) if the officer is not transferred to an inactive status

or to the Retired Reserve, be discharged from the officer’s

reserve appointment.

‘‘§ 14514. Discharge or retirement for years of service or after

selection for early removal

‘‘Each reserve officer of the Army, Navy, Air Force, or Marine

Corps who is in an active status and who is required to be removed

from an active status or from a reserve active-status list, as the

case may be, under section 14507, 14508, 14704, or 14705 of this

title (unless the officer is sooner separated or the officer’s separation

is deferred or the officer is continued in an active status under

another provision of law), in accordance with those sections, shall—

‘‘(1) be transferred to the Retired Reserve, if the officer

is qualified and applies for such transfer; or
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‘‘(2) if the officer is not qualified or does not apply for

such transfer, be discharged from the officer’s reserve appointment.

‘‘§ 14515. Discharge or retirement for age

‘‘Each reserve officer of the Army, Navy, Air Force, or Marine

Corps who is in an active status or on an inactive status list

and who reaches the maximum age specified in section 14509,

14510, 14511, or 14512 of this title for the officer’s grade or position

shall (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status

under another provision of law) not later than the last day of

the month in which the officer reaches that maximum age—

‘‘(1) be transferred to the Retired Reserve, if the officer

is qualified and applies for such transfer; or

‘‘(2) if the officer is not qualified or does not apply for

transfer to the Retired Reserve, be discharged from the officer’s

reserve appointment.

‘‘§ 14516. Separation to be considered involuntary

‘‘The separation of an officer pursuant to section 14513, 14514,

or 14515 of this title shall be considered to be an involuntary

separation for purposes of any other provision of law.

‘‘§ 14517. Entitlement of officers discharged under this chapter to separation pay

‘‘An officer who is discharged under section 14513, 14514, or

14515 of this title is entitled to separation pay under section 1174

of this title if otherwise eligible under that section.

‘‘CHAPTER 1409—CONTINUATION OF OFFICERS

ON THE RESERVE ACTIVE-STATUS LIST AND

SELECTIVE EARLY REMOVAL

‘‘Sec.

‘‘14701. Selection of officers for continuation on the reserve active-status list.

‘‘14702. Retention on reserve active-status list of certain officers until age 60.

‘‘14703. Authority to retain chaplains and officers in medical specialties until specified age.

‘‘14704. Selective early removal from the reserve active-status list.

‘‘14705. Selective early retirement: reserve general and flag officers of the Navy and

Marine Corps.

‘‘14706. Computation of total years of service.

‘‘§ 14701. Selection of officers for continuation on the reserve

active-status list

‘‘(a) CONSIDERATION FOR CONTINUATION.—(1) Upon application,

a reserve officer of the Army, Navy, Air Force, or Marine Corps

who is required to be removed from the reserve active-status list

under section 14505, 14506, or 14507 of this title may, subject

to the needs of the service and to section 14509 of this title,

be considered for continuation on the reserve active-status list

by a selection board convened under section 14101(b) of this title.

‘‘(2) A reserve officer who holds the grade of captain in the

Army, Air Force, or Marine Corps or the grade of lieutenant in

the Navy and who is subject to separation under section 14513

of this title may not be continued on the reserve active-status

list under this subsection for a period which extends beyond the
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last day of the month in which the officer completes 20 years

of commissioned service.

‘‘(3) A reserve officer who holds the grade of major or lieutenant

commander and who is subject to separation under section 14513

of this title may not be continued on the reserve active-status

list under this subsection for a period which extends beyond the

last day of the month in which the officer completes 24 years

of commissioned service.

‘‘(4) A reserve officer who holds the grade of lieutenant colonel

or commander and who is subject to separation under section 14514

of this title may not be continued on the reserve active-status

list under this subsection for a period which extends beyond the

last day of the month in which the officer completes 33 years

of commissioned service.

‘‘(5) A reserve officer who holds the grade of colonel in the

Army, Air Force, or Marine Corps or the grade of captain in the

Navy and who is subject to separation under section 14514 of

this title may not be continued on the reserve active-status list

under this subsection for a period which extends beyond the last

day of the month in which the officer completes 35 years of commissioned service.

‘‘(6) An officer who is selected for continuation on the reserve

active-status list as a result of the convening of a selection board

under section 14101(b) of this title but who declines to continue

on that list shall be separated in accordance with section 14513

or 14514 of this title, as the case may be.

‘‘(7) Each officer who is continued on the reserve active-status

list under this section, who is not subsequently promoted or continued on the active-status list, and whose name is not on a list

of officers recommended for promotion to the next higher grade

shall (unless sooner separated under another provision of law)

be separated in accordance with section 14513 or 14514 of this

title, as appropriate, upon the expiration of the period for which

the officer was continued on the reserve active-status list.

‘‘(b) APPROVAL OF SECRETARY CONCERNED.—Continuation of an

officer on the reserve active-status list under this section pursuant

to action of a continuation board convened under section 14101(b)

of this title is subject to the approval of the Secretary of the

military department concerned.

‘‘(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A continuation

board convened under section 14101(b) of this title to consider

officers for continuation on the reserve active-status list under

this section shall act in accordance with the instructions and directions provided to the board by the Secretary of the military department concerned.

‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe

regulations for the administration of this section.

‘‘§ 14702. Retention on reserve active-status list of certain

officers until age 60

‘‘(a) RETENTION.—Notwithstanding the provisions of section

14506 or 14507 of this title, the Secretary of the military department

concerned may, with the officer’s consent, retain on the reserve

active-status list an officer in the grade of major, lieutenant colonel,

or colonel who is—
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‘‘(1) an officer of the Army National Guard of the United

States and assigned to a headquarters or headquarters detachment of a State; or

‘‘(2) a reserve officer of the Army or Air Force who, as

a condition of continued employment as a National Guard or

Reserve technician is required by the Secretary concerned to

maintain membership in a Selected Reserve unit or organization.

‘‘(b) SEPARATION AT AGE 60.—An officer may be retained under

this section only so long as the officer continues to meet the conditions of subsection (a)(1) or (a)(2). An officer may not be retained

under this section after the last day of the month in which the

officer becomes 60 years of age.

‘‘§ 14703. Authority to retain chaplains and officers in medical specialties until specified age

‘‘(a) RETENTION.—Notwithstanding any provision of chapter

1407 of this title and except for officers referred to in sections

14503, 14504, 14505, and 14506 of this title and under regulations

prescribed by the Secretary of Defense—

‘‘(1) the Secretary of the Army may, with the officer’s

consent, retain in an active status any reserve officer assigned

to the Medical Corps, the Dental Corps, the Veterinary Corps,

the Medical Services Corps (if the officer has been designated

as allied health officer or biomedical sciences officer in that

Corps), the Optometry Section of the Medical Services Corps,

the Chaplains, the Army Nurse Corps, or the Army Medical

Specialists Corps;

‘‘(2) the Secretary of the Navy may, with the officer’s consent, retain in an active status any reserve officer appointed

in the Medical Corps, Dental Corps, Nurse Corps, or Chaplain

Corps or appointed in the Medical Services Corps and designated to perform as a veterinarian, optometrist, podiatrist,

allied health officer, or biomedical sciences officer; and

‘‘(3) the Secretary of the Air Force may, with the officer’s

consent, retain in an active status any reserve officer who

is designated as a medical officer, dental officer, veterinary

officer, Air Force nurse, or chaplain or who is designated as

a biomedical sciences officer and is qualified for service as

a veterinarian, optometrist, or podiatrist.

‘‘(b) SEPARATION AT SPECIFIED AGE.—An officer may not be

retained in active status under this section later than the date

on which the officer becomes 67 years of age (or, in the case

of a reserve officer of the Army in the Chaplains or a reserve

officer of the Air Force designated as a chaplain, 60 years of age).

‘‘§ 14704. Selective early removal from the reserve activestatus list

‘‘(a) BOARDS TO RECOMMEND OFFICERS FOR REMOVAL FROM

RESERVE ACTIVE-STATUS LIST.—Whenever the Secretary of the military department concerned determines that there are in any reserve

component under the jurisdiction of the Secretary too many officers

in any grade and competitive category who have at least 30 years

of service computed under section 14706 of this title or at least

20 years of service computed under section 12732 of this title,

the Secretary may convene a selection board under section 14101(b)

of this title to consider all officers on that list who are in that
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grade and competitive category, and who have that amount of

service, for the purpose of recommending officers by name for

removal from the reserve active-status list, in the number specified

by the Secretary by each grade and competitive category.

‘‘(b) SEPARATION OF OFFICERS SELECTED.—In the case of an

officer recommended for separation in the report of a board under

subsection (a), the Secretary may separate the officer in accordance

with section 14514 of this title.

‘‘(c) REGULATIONS.—The Secretary of the military department

concerned shall prescribe regulations for the administration of this

section.

‘‘§ 14705. Selective early retirement: reserve general and flag

officers of the Navy and Marine Corps

‘‘(a) AUTHORITY TO CONSIDER.—An officer in the Naval Reserve

in an active status serving in the grade of rear admiral (lower

half) or rear admiral and an officer in the Marine Corps Reserve

in an active status serving in the grade of brigadier general or

major general may be considered for early retirement whenever

the Secretary of the Navy determines that such action is necessary.

‘‘(b) BOARDS.—If the Secretary of the Navy determines that

consideration for early retirement under this section is necessary,

the Secretary shall convene a board under section 14101(b) of

this title to recommend an appropriate number of officers for early

retirement.

‘‘(c) SEPARATION UNDER SECTION 14514.—An officer selected

for early retirement under this section shall be separated in accordance with section 14514 of this title.

‘‘§ 14706. Computation of total years of service

‘‘For the purpose of this chapter and chapter 1407 of this

title, a reserve officer’s years of service include all service, other

than constructive service, of the officer as a commissioned officer

of any uniformed service (other than service as a warrant officer).

‘‘CHAPTER 1411—ADDITIONAL PROVISIONS

RELATING TO INVOLUNTARY SEPARATION

‘‘Sec.

‘‘14901. Separation of chaplains for loss of professional qualifications.

‘‘14902. Separation for substandard performance and for certain other reasons.

‘‘14903. Boards of inquiry.

‘‘14904. Rights and procedures.

‘‘14905. Officer considered for removal: retirement or discharge.

‘‘14906. Officers eligible to serve on boards.

‘‘14907. Army National Guard of the United States and Air National Guard of the

United States: discharge and withdrawal of Federal recognition of officers absent without leave.

‘‘§ 14901. Separation of chaplains for loss of professional

qualifications

‘‘(a) SEPARATION.—Under regulations prescribed by the Secretary of Defense, an officer on the reserve active-status list who

is appointed or designated as a chaplain may, if the officer fails

to maintain the qualifications needed to perform the professional

function of a chaplain, be discharged. The authority under the

preceding sentence applies without regard to the provisions of section 12645 of this title.
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‘‘(b) EFFECT OF SEPARATION.—If an officer separated under

this section is eligible for retirement, the officer may be retired.

If the officer has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the officer

may be transferred to the Retired Reserve.

‘‘§ 14902. Separation for substandard performance and for

certain other reasons

‘‘(a) SUBSTANDARD PERFORMANCE OF DUTY.—The Secretary of

the military department concerned shall prescribe, by regulation,

procedures for the review at any time of the record of any reserve

officer to determine whether that officer should be required, because

that officer’s performance has fallen below standards prescribed

by the Secretary concerned, to show cause for retention in an

active status.

‘‘(b) MISCONDUCT, ETC.—The Secretary of the military department concerned shall prescribe, by regulation, procedures for the

review at any time of the record of any reserve officer to determine

whether that officer should be required, because of misconduct,

because of moral or professional dereliction, or because the officer’s

retention is not clearly consistent with the interests of national

security, to show cause for retention in an active status.

‘‘(c) REGULATIONS.—The authority of the Secretary of a military

department under this section shall be carried out subject to such

limitations as the Secretary of Defense may prescribe by regulation.

‘‘§ 14903. Boards of inquiry

‘‘(a) CONVENING OF BOARDS.—The Secretary of the military

department concerned shall convene a board of inquiry at such

time and place as the Secretary may prescribe to receive evidence

and review the case of any officer who has been required to show

cause for retention in an active status under section 14902 of

this title. Each board of inquiry shall be composed of not less

than three officers who have the qualifications prescribed in section

14906 of this title.

‘‘(b) RIGHT TO FAIR HEARING.—A board of inquiry shall give

a fair and impartial hearing to each officer required under section

14902 of this chapter to show cause for retention in an active

status.

‘‘(c) RECOMMENDATIONS TO SECRETARY.—If a board of inquiry

determines that the officer has failed to establish that the officer

should be retained in an active status, the board shall recommend

to the Secretary concerned that the officer not be retained in an

active status.

‘‘(d) ACTION BY SECRETARY.—After review of the recommendation of the board of inquiry, the Secretary may—

‘‘(1) remove the officer from an active status; or

‘‘(2) determine that the case be closed.

‘‘(e) ACTION IN CASES WHERE CAUSE FOR RETENTION IS ESTABLISHED.—(1) If a board of inquiry determines that an officer has

established that the officer should be retained in an active status

or if the Secretary determines that the case be closed, the officer’s

case is closed.

‘‘(2) An officer who is required to show cause for retention

under section 14902(a) of this title and whose case is closed under

paragraph (1) may not again be required to show cause for retention
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under such subsection during the one-year period beginning on

the date of that determination.

‘‘(3)(A) Subject to subparagraph (B), an officer who is required

to show cause for retention under section 14902(b) of this title

and whose case is closed under paragraph (1) may again be required

to show cause for retention at any time.

‘‘(B) An officer who has been required to show cause for retention under section 14902(b) of this title and who is thereafter

retained in an active status may not again be required to show

cause for retention under such section solely because of conduct

which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the officer’s

case are determined to have been obtained by fraud or collusion.

‘‘§ 14904. Rights and procedures

‘‘(a) PROCEDURAL RIGHTS.—Under regulations prescribed by the

Secretary of Defense, an officer required under section 14902 of

this title to show cause for retention in an active status—

‘‘(1) shall be notified in writing, at least 30 days before

the hearing of the officer’s case by a board of inquiry, of the

reasons for which the officer is being required to show cause

for retention in an active status;

‘‘(2) shall be allowed a reasonable time, as determined

by the board of inquiry, to prepare for showing of cause for

retention in an active status;

‘‘(3) shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry;

and

‘‘(4) shall be allowed full access to, and shall be furnished

copies of, records relevant to the case, except that the board

of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national

security.

‘‘(b) SUMMARY OF RECORDS WITHHELD.—When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security

permits, be furnished a summary of the record so withheld.

‘‘§ 14905. Officer considered for removal: retirement or discharge

‘‘(a) VOLUNTARY RETIREMENT OR DISCHARGE.—At any time during proceedings under this chapter with respect to the removal

of an officer from an active status, the Secretary of the military

department concerned may grant a request by the officer— ‘‘(1) for voluntary retirement, if the officer is qualified

for retirement;

‘‘(2) for transfer to the Retired Reserve if the officer has

completed the years of service required for eligibility for retired

pay under chapter 1223 of this title and is otherwise eligible

for transfer to the Retired Reserve; or

‘‘(3) for discharge in accordance with subsection (b)(3).

‘‘(b) REQUIRED RETIREMENT OR DISCHARGE.—An officer removed

from an active status under section 14903 of this title shall—

‘‘(1) if eligible for voluntary retirement under any provision

of law on the date of such removal, be retired in the grade

and with the retired pay for which he would be eligible if

retired under that provision;
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‘‘(2) if eligible for transfer to the Retired Reserve and

has completed the years of service required for retired pay

under chapter 1223 of this title, be transferred to the Retired

Reserve; and

‘‘(3) if ineligible for retirement or transfer to the Retired

Reserve under paragraph (1) or (2) on the date of such

removal—

‘‘(A) be honorably discharged in the grade then held,

in the case of an officer whose case was brought under

subsection (a) of section 14902 of this title; or

‘‘(B) be discharged in the grade then held, in the case

of an officer whose case was brought under subsection

(b) of section 14902 of this title.

‘‘(c) SEPARATION PAY.—An officer who is discharged under subsection (b)(3) is entitled, if eligible therefor, to separation pay under

section 1174(c) of this title.

‘‘§ 14906. Officers eligible to serve on boards

‘‘(a) COMPOSITION OF BOARDS.—(1) Each officer who serves on

a board convened under this chapter shall be an officer of the

same armed force as the officer being required to show cause

for retention in an active status.

‘‘(2) An officer may not serve on a board under this chapter

unless the officer holds a grade above lieutenant colonel or commander and is senior in grade and rank to any officer considered

by the board. ‘‘(b) LIMITATION.—A person may not be a member of more

than one board convened under this chapter to consider the same

officer.

‘‘§ 14907. Army National Guard of the United States and Air

National Guard of the United States: discharge

and withdrawal of Federal recognition of officers

absent without leave

‘‘(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNITION.—If an

officer of the Army National Guard of the United States or the

Air National Guard of the United States has been absent without

leave for three months, the Secretary of the Army or the Secretary

of the Air Force, as appropriate, may—

‘‘(1) terminate the reserve appointment of the officer; and

‘‘(2) withdraw the officer’s Federal recognition as an officer

of the National Guard.

‘‘(b) DISCHARGE FROM RESERVE APPOINTMENT.—An officer of

the Army National Guard of the United States or the Air National

Guard of the United States whose Federal recognition as an officer

of the National Guard is withdrawn under section 323(b) of title

32 shall be discharged from the officer’s appointment as a reserve

officer of the Army or the Air Force, as the case may be.’’.

PART II—CONFORMING AMENDMENTS

SEC. 1621. DEFINITION OF RESERVE ACTIVE-STATUS LIST.

Section 101(c) is amended by adding at the end the following

new paragraph:

‘‘(7) The term ‘reserve active-status list’ means a single

list for the Army, Navy, Air Force, or Marine Corps (required

to be maintained under section 14002 of this title) that contains
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the names of all officers of that armed force except warrant

officers (including commissioned warrant officers) who are in

an active status in a reserve component of the Army, Navy,

Air Force, or Marine Corps and are not on an active-duty

list.’’.

SEC. 1622. AUTHORITY TO SUSPEND OFFICER PERSONNEL LAWS DURING WAR OR NATIONAL EMERGENCY.

(a) AUTHORITY.—Section 123 is amended to read as follows:

‘‘§ 123. Authority to suspend officer personnel laws during war or national emergency

‘‘(a) In time of war, or of national emergency declared by

Congress or the President after November 30, 1980, the President

may suspend the operation of any provision of law relating to

the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or

Coast Guard Reserve. So long as such war or national emergency

continues, any such suspension may be extended by the President.

‘‘(b) Any such suspension shall, if not sooner ended, end on

the last day of the two-year period beginning on the date on which

the suspension (or the last extension thereof) takes effect or on

the last day of the one-year period beginning on the date of the

termination of the war or national emergency, whichever occurs

first. With respect to the end of any such suspension, the preceding

sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or

authorities exercised by reason of a national emergency shall cease

to be exercised after the date of the termination of the emergency.

‘‘(c) If a provision of law pertaining to the promotion of reserve

officers is suspended under this section and if the Secretary of

Defense submits to Congress proposed legislation to adjust the

grades and dates of rank of reserve commissioned officers other

than commissioned warrant officers, such proposed legislation shall,

so far as practicable, be the same as that recommended for adjusting

the grades and dates of rank of officers of the regular component

of the armed force concerned.’’.

(b) CONFORMING REPEAL.—Section 644 is repealed.

SEC. 1623. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE AUTHORITY TO RECOMMEND THAT RESERVE OFFICERS CONSIDERED FOR PROMOTION BE REQUIRED TO SHOW CAUSE

FOR RETENTION ON ACTIVE DUTY.

Section 617(b) is amended—

(1) by inserting ‘‘or reserve’’ after ‘‘any regular’’; and

(2) by inserting ‘‘or 1411’’ after ‘‘chapter 60’’.

SEC. 1624. APPLICABILITY OF CHAPTER 36 TO RESERVE OFFICERS

DURING WAR OR NATIONAL EMERGENCY.

Section 641 is amended—

(1) by inserting ‘‘(a)’’ before ‘‘Officers in the following’’;

and

(2) by adding at the end the following:

‘‘(b) Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is ordered to

active duty (whether voluntarily or involuntarily) during a war

or national emergency and who would otherwise be placed on the

active-duty list may be excluded from that list as determined by
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the Secretary concerned. Exclusion of an officer from the activeduty list as the result of action by the Secretary concerned under

the preceding sentence shall expire not later than 24 months after

the date on which the officer enters active duty under an order

to active duty covered by that sentence.’’.

SEC. 1625. GRADE IN WHICH RESERVE OFFICERS ARE ORDERED TO

ACTIVE DUTY.

Section 689 is amended—

(1) by inserting ‘‘or full-time National Guard duty’’ after

‘‘active duty’’ the first two places it appears; and

(2) by inserting ‘‘and placed on the active-duty list’’ after

‘‘active duty’’ the third place it appears.

SEC. 1626. DATE OF RANK.

Section 741(d)(3) is amended—

(1) by inserting ‘‘or who is transferred from an inactive

status to an active status and placed on the active-duty list

or the reserve active-status list’’ after ‘‘warrant officer (W–

5)’’;

(2) by inserting ‘‘or reserve active-status list’’ after ‘‘activeduty list’’ the second place it appears; and

(3) by adding at the end: ‘‘The authority to change the

date of rank of a reserve officer who is placed on the activeduty list to a later date does not apply in the case of an

officer who (A) has served continuously in the Selected Reserve

of the Ready Reserve since the officer’s last promotion, or

(B) is placed on the active-duty list while on a promotion

list as described in section 14317(b) of this title.’’.

SEC. 1627. DISCHARGE BEFORE COMPLETION OF REQUIRED SERVICE

IN CASE OF OFFICERS HAVING TWICE FAILED OF SELECTION FOR CAPTAIN OR NAVY LIEUTENANT.

Section 1005(b) is amended—

(1) by striking out ‘‘or’’ at the end of paragraph (1);

(2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following:

‘‘(3) an officer on the active-duty list or reserve activestatus list who has failed of selection for promotion for the

second time to the grade of captain, in the case of an officer

of the Army, Air Force, or Marine Corps, or to the grade

of lieutenant, in the case of an officer of the Navy; or ‘‘(4) an officer whose discharge or transfer from an active

status is required by law.’’.

SEC. 1628. CONFORMING AMENDMENTS RELATING TO NAVY AND

MARINE CORPS OFFICERS.

Section 6389 is amended—

(1) in subsection (a)—

(A) by inserting ‘‘while on the active-duty list’’ after

‘‘to the next higher grade’’; and

(B) by striking out the period at the end and inserting

in lieu thereof ‘‘or released from active duty and placed

on the reserve active-status list.’’;

(2) in subsection (b), by striking out ‘‘or (f)’’;

(3) in subsection (c)—

(A) by inserting ‘‘(1)’’ after ‘‘(c)’’;
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(B) by striking out ‘‘lieutenant commander or above’’ both places it appears and inserting in lieu thereof ‘‘lieutenant commander or commander’’;

(C) by striking out ‘‘major or above’’ both places it appears and inserting in lieu thereof ‘‘major or lieutenant

colonel’’;

(D) by inserting ‘‘while on the active-duty list’’ after ‘‘to the next higher grade’’ in the first sentence; and (E) in the table—

(i) by striking out the line relating to the grades of captain in the Navy and colonel in the Marine

Corps; and (ii) by striking out ‘‘26 years’’ and inserting in lieu thereof ‘‘28 years’’;

(F) by designating the sentence after the table as para- graph (2) and in that sentence striking out ‘‘the first sentence of this subsection’’ and inserting in lieu thereof ‘‘the

first sentence of paragraph (1)’’; (G) by designating the next sentence as paragraph (3) and in that sentence striking out ‘‘the first two sentences

of this subsection’’ and inserting in lieu thereof ‘‘paragraph

(1)’’; and

(H) by designating the last sentence as paragraph (4) and in that sentence—

(i) striking out ‘‘the first two sentences of this subsection’’ and inserting in lieu thereof ‘‘paragraph

(1)’’; and

(ii) striking out ‘‘captain or’’; and (4) by striking out subsections (e), (f), and (g).

SEC. 1629. REPEAL OF RESERVE OFFICER PERSONNEL POLICY LAWS.

(a) ARMY PROVISIONS.— (1) Chapter 337, relating to appointments as reserve offi- cers (other than sections 3351 and 3352), is repealed. (2) Chapter 361, relating to separation for various reasons, is repealed. (3) Chapter 363, relating to separation or transfer to the Retired Reserve, is repealed.

(b) NAVY AND MARINE CORPS PROVISIONS.—

(1) Chapter 541, relating to running mates as reserve officers, is repealed.

(2) Chapter 549, relating to reserve promotions, is repealed.

(3) Sections 6391, 6392, 6397, 6403, and 6410 are repealed.

(c) AIR FORCE PROVISIONS.—

(1) Chapter 837, relating to appointments as reserve officers (other than sections 8351 and 8352), is repealed.

(2) Sections 8819 and 8820 are repealed.

(3) Chapter 863, relating to separation or transfer to the

Retired Reserve, is repealed.

SEC. 1630. AMENDMENTS TO TITLE 32, UNITED STATES CODE.

Title 32, United States Code, is amended as follows:

(1) Sections 309 and 310 are amended to read as follows:

‘‘§ 309. Federal recognition of National Guard officers:

officers promoted to fill vacancies

‘‘Each officer of the National Guard who is promoted to fill

a vacancy in a federally recognized unit of the National Guard,
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and who has been on the reserve active-status list or the activeduty list of the Army or the Air Force for at least one year and

has completed the minimum years of service in grade specified

in section 14303 of title 10, shall be examined for Federal recognition in the grade to which the officer is promoted.

‘‘§ 310. Federal recognition of National Guard officers: automatic recognition

‘‘(a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade

of first lieutenant to fill a vacancy in a federally recognized unit

in the National Guard, Federal recognition is automatically

extended to that officer in the grade of first lieutenant, effective

as of the date on which that officer has completed the service

in the grade specified in section 14303(a)(1) of title 10 and has

met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has

remained in an active status since the officer was so recommended.

‘‘(b) Notwithstanding sections 307 and 309 of this title, if an

officer of the Army Reserve or the Air Force Reserve in a reserve

grade above second lieutenant is appointed in the next higher

grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade in which the officer

is so appointed in the National Guard if the officer has been

recommended for promotion under chapter 1405 of title 10 and

has remained in an active status since the officer was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed

in the National Guard.’’.

(2) Section 323 is amended by striking out subsections (d) and (e) and inserting in lieu thereof the following:

‘‘(d) The Federal recognition of a reserve commissioned officer

of the Army or the Air Force who is— ‘‘(1) federally recognized as an officer of the National Guard;

and

‘‘(2) subject to involuntary transfer to the Retired Reserve,

transfer to an inactive status list, or discharge under chapter

1407, 1409, or 1411 of title 10;

shall, if not sooner withdrawn, be withdrawn on the date of such

involuntary transfer or discharge.’’.

Subtitle B—Other Personnel Policy

Amendments

PART I—APPOINTMENTS

SEC. 1631. REPEAL OF SEPARATE AUTHORITY FOR ACCESSION OF

WOMEN IN RESERVE COMPONENTS.

(a) ENLISTMENTS.—Section 510 is amended—

(1) by striking out subsection (c); and

(2) by redesignating subsection (d) as subsection (c).

(b) APPOINTMENT OF OFFICERS.—Section 591 is amended—

(1) by striking out subsection (c); and

(2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
S. 2182—303

SEC. 1632. APPOINTMENT AUTHORITY FOR RESERVE GRADES OF

LIEUTENANT COLONEL AND COMMANDER.

Section 593(a) is amended—

(1) in the first sentence, by striking out ‘‘Reserves in

commissioned grades below lieutenant colonel and commander’’

and inserting in lieu thereof ‘‘reserve officers in commissioned

grades of lieutenant colonel and commander or below’’; and (2) in the second sentence, by striking out ‘‘Reserves in

commissioned grades above major and lieutenant commander’’

and inserting in lieu thereof ‘‘reserve officers in commissioned

grades above lieutenant colonel and commander’’.

SEC. 1633. APPOINTMENT OF FORMER COMMISSIONED OFFICERS IN

RESERVE COMPONENTS.

Chapter 34 is amended by inserting after section 596 the following new section:

‘‘§ 596a. Commissioned officers: appointment of former

commissioned officers

‘‘Under regulations prescribed by the Secretary of Defense,

a person who is a former commissioned officer may, if otherwise

qualified, be appointed as a reserve officer of the Army, Navy,

Air Force, or Marine Corps. A person so appointed—

‘‘(1) may be placed on the reserve active-status list of

that armed force in the grade equivalent to the permanent

regular or reserve grade, and in the same competitive category,

in which the person previously served satisfactorily on active

duty or in an active status; and

‘‘(2) may be credited for the purpose of determining date

of rank under section 741(d) of this title with service in grade

equal to that held by that person when discharged or separated.’’.

SEC. 1634. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF OFFICERS

IN RESERVE COMPONENTS WITH QUALIFYING EDUCATION OR EXPERIENCE.

Chapter 34 is further amended by inserting after section 596a

(as added by section 1633) the following new section:

‘‘§ 596b. Commissioned officers: service credit upon original

appointment

‘‘(a)(1) For the purpose of determining the grade and the rank

within grade of a person receiving an original appointment as

a reserve commissioned officer (other than a commissioned warrant

officer) in the Army, Navy, Air Force, or Marine Corps, the person

shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer)

performed before such appointment as a regular officer, or as a

reserve officer in an active status, in any armed force, the National

Oceanic and Atmospheric Administration, or the Public Health Service.

‘‘(2) The Secretary of Defense shall prescribe regulations, which

shall apply uniformly among the Army, Navy, Air Force, and Marine

Corps, to authorize the Secretary of the military department concerned to limit the amount of prior commissioned service with

which a person receiving an original appointment may be credited

under paragraph (1), or to deny any such credit, in the case of
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a person who at the time of such appointment is credited with

constructive service under subsection (b).

‘‘(b)(1) Under regulations prescribed by the Secretary of

Defense, a person who is receiving an original appointment as

a reserve commissioned officer (other than a commissioned warrant

officer) of the Army, Navy, Air Force, or Marine Corps, or a designation in, or an assignment to, an officer category in which advanced

education or training is required and who has advanced education

or training, shall be credited with constructive service for such

education, training, or experience, as follows:

‘‘(A) One year for each year of advanced education beyond

the baccalaureate degree level, for persons appointed or designated in, or assigned to, officer categories requiring such

advanced education or an advanced degree as a prerequisite

for such appointment, designation, or assignment. In determining the number of years of constructive service to be credited

under this subparagraph to officers in any professional field,

the Secretary concerned shall credit an officer with, but with

not more than, the number of years of advanced education

required by a majority of institutions that award degrees in

that professional field for completion of the advanced education

or award of the advanced degree.

‘‘(B)(i) Credit for any period of advanced education in a

health profession (other than medicine and dentistry) beyond

the baccalaureate degree level which exceeds the basic education criteria for such appointment, designation, or assignment, if such advanced education will be directly used by the

armed force concerned.

‘‘(ii) Credit for experience in a health profession (other

than medicine or dentistry), if such experience will be directly

used by the armed force concerned. ‘‘(C) Additional credit of (i) not more than one year for

internship or equivalent graduate medical, dental, or other

formal health professional training required by the armed

forces, and (ii) not more than one year for each additional

year of such graduate-level training or experience creditable

toward certification in a speciality required by the armed force

concerned.

‘‘(D) Additional credit, in unusual cases, based on special

experience in a particular field.

‘‘(E) Additional credit for experience as a physician or dentist, if appointed, assigned, or designated as a medical or dental

officer.

‘‘(2) If the Secretary of Defense determines that the number

of medical or dental officers serving in an active status in a reserve

component of the Army, Navy, or Air Force in grades below major

or lieutenant commander is critically below the number needed

by such reserve component in such grades, the Secretary of Defense

may authorize the Secretary of the military department concerned

to credit any person who is receiving an original appointment

for service as a medical or dental officer with a period of constructive

credit in such amount (in addition to any amount credited such

person under subsection (b)) as will result in the grade of such

person being that of captain or, in the case of the Naval Reserve,

lieutenant.

‘‘(3) Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of
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Defense in the case of a medical or dental officer, the amount

of constructive service credited an officer under this subsection

may not exceed the amount required in order for the officer to

be eligible for an original appointment as a reserve officer of the

Army, Air Force, or Marine Corps in the grade of major or as

a reserve officer of the Navy in the grade of lieutenant commander.

‘‘(4) Constructive service credited an officer under this subsection is in addition to any service credited that officer under

subsection (a) and shall be credited at the time of the original

appointment of the officer or assignment to or designation in an

officer category in which advanced education or training or special

experience is required.

‘‘(c) Constructive service may not be credited under subsection

(b) for education, training, or experience obtained while serving

as a commissioned officer (other than a warrant officer) on active

duty or in an active status. However, in the case of an officer

who completes advanced education or receives an advanced degree

while on active duty or in an active status and in less than the

number of years normally required to complete such advanced

education or receive such advanced degree, constructive service

may, subject to regulations prescribed under subsection (a)(2), be

credited to the officer under subsection (b)(1)(A) to the extent that

the number of years normally required to complete such advanced

education or receive such advanced degree exceeds the actual number of years in which such advanced education or degree is obtained

by the officer.

‘‘(d) If the Secretary of Defense determines that the number

of qualified judge advocates serving on the active-duty list of the

Army, Navy, Air Force, or Marine Corps in grades below lieutenant

commander or major is critically below the number needed by

that armed force in those grades, the Secretary of Defense may

authorize the Secretary of the military department concerned to

credit any person who is receiving an original appointment with

a view to assignment to the Judge Advocate General’s Corps of

the Army or appointment to the Judge Advocate General’s Corps

of the Navy, or who is receiving an original appointment in the

Air Force or Marine Corps with a view to designation as a judge

advocate, with a period of constructive service in such an amount

(in addition to any amount credited such person under subsection

(b)) as will result in the grade of such person being that of captain

or, in the case of the Navy, lieutenant, and the date of rank

of such person being junior to that of all other officers of the

same grade serving on the active-duty list.

‘‘(e) Constructive service credited an officer under subsection

(b) or (d) shall be used only for determining the officer’s—

‘‘(1) initial grade as a reserve officer;

‘‘(2) rank in grade; and

‘‘(3) service in grade for promotion eligibility.

‘‘(f) The grade and position on the reserve active-status list

of a person receiving an appointment as a reserve officer who

at the time of appointment is credited with service under this

section shall be determined under regulations prescribed by the

Secretary of Defense based upon the amount of service credited.’’.
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SEC. 1635. COMPUTATION OF YEARS OF SERVICE FOR TRANSFER OF

ARMY OFFICERS TO RETIRED RESERVE.

(a) INTERIM REPEAL OF OBSOLETE PROVISION.—Effective for

the period beginning on the date of the enactment of this Act

and ending on the effective date specified in section 1291, section

3853 is amended by striking out ‘‘the greater of—’’ and all that

follows and inserting in lieu thereof ‘‘the sum of the following: ‘‘(1) The officer’s years of service as a commissioned officer

of any component of the armed forces or of the Army without

specification of component.

‘‘(2) The officer’s years of service in a federally recognized

commissioned status in the National Guard if his service in

the National Guard was continuous from the date of his Federal

recognition as an officer in the National Guard to the date

of his appointment in the National Guard of the United States.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to transfers to the Retired Reserve and

to discharges on or after the date of the enactment of this Act.

SEC. 1636. REPEAL OF MISCELLANEOUS OBSOLETE APPOINTMENT

AUTHORITIES.

(a) ARMY RESERVE OFFICERS APPOINTED IN TEMPORARY

GRADES.—Section 3352(a) is amended by striking out the second

sentence.

(b) AIR FORCE AVIATION CADETS.—Section 8356 is repealed.

(c) REDUNDANT STATEMENT OF AUTHORITY.—Section 8379 is

repealed.

PART II—SEPARATION AND RETIREMENT

SEC. 1641. COMPUTATION OF HIGHEST GRADE IN WHICH SATISFACTORILY SERVED FOR RESERVE COMMISSIONED OFFICERS AND FORMER OFFICERS.

Section 1370 is amended by adding at the end the following

new subsection:

‘‘(d)(1) Unless entitled to a higher grade, or to credit for satisfactory service in a higher grade, under some other provision of law,

a person who is entitled to retired pay under chapter 1225 of

this title shall, upon application under section 12731 of this title,

be credited with satisfactory service in the highest grade in which

that person served satisfactorily at any time in the armed forces,

as determined by the Secretary concerned in accordance with this

subsection.

‘‘(2)(A) In order to be credited with satisfactory service in an

officer grade (other than a warrant officer grade) below the grade

of lieutenant colonel or commander, a person covered by paragraph

(1) must have served satisfactorily in that grade (as determined

by the Secretary of the military department concerned) as a reserve

commissioned officer in an active status, or in a retired status

on active duty, for not less than six months.

‘‘(B) In order to be credited with satisfactory service in an

officer grade above major or lieutenant commander and below

lieutenant general or vice admiral, a person covered by paragraph

(1) must have served satisfactorily in that grade (as determined

by the Secretary of the military department concerned) as a reserve

commissioned officer in an active status, or in a retired status

on active duty, for not less than three years. A person covered
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by the preceding sentence who has completed at least six months

of satisfactory service in grade and is transferred from an active

status or discharged as a reserve commissioned officer solely due

to the requirements of a nondiscretionary provision of law requiring

that transfer or discharge due to the person’s age or years of

service may be credited with satisfactory service in the grade in

which serving at the time of such transfer or discharge, notwithstanding failure of the person to complete three years of service

in that grade.

‘‘(3) A person whose length of service in the highest grade

held does not meet the service in grade requirements specified

in this subsection shall be credited with satisfactory service in

the next lower grade in which that person served satisfactorily

(as determined by the Secretary of the military department concerned) for not less than six months.’’.

Subtitle C—Reorganization and Consolidation of Laws Relating to Reserve Components

SEC. 1661. LAWS RELATING TO ORGANIZATION AND ADMINISTRATION

OF RESERVE COMPONENTS.

(a) RESERVE COMPONENTS GENERALLY.—(1) Subtitle E, as

added by section 1611, is amended by inserting after the table

of chapters at the beginning of the subtitle the following:

‘‘PART I—ORGANIZATION AND ADMINISTRATION

‘‘Chap. Sec.

‘‘1001. Definitions .................................................................................................. 10001

‘‘1003. Reserve Components Generally ................................................................ 10101

‘‘1005. Elements of Reserve Components ............................................................ 10141

‘‘1007. Administration of Reserve Components ................................................... 10201

‘‘1009. Reserve Forces Policy Boards and Committees ....................................... 10301

‘‘1011. National Guard Bureau ............................................................................. 10501

‘‘1013. Budget Information and Annual Reports to Congress ............................ 10541

‘‘CHAPTER 1001—DEFINITIONS

‘‘Sec.

‘‘10001. Definition of State.

‘‘§ 10001. Definition of State

‘‘In this subtitle, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and

Guam.

‘‘CHAPTER 1003—RESERVE COMPONENTS

GENERALLY

‘‘Sec.

‘‘10101. Reserve components named.

‘‘10102. Purpose of reserve components.

‘‘10103. Basic policy for order of National Guard into Federal service.

‘‘10104. Army Reserve: composition.

‘‘10105. Army National Guard of the United States: composition.

‘‘10106. Army National Guard: when a component of the Army.

‘‘10107. Army National Guard of the United States: status when not in Federal service.
S. 2182—308

‘‘10108. Naval Reserve: administration.

‘‘10109. Marine Corps Reserve: administration.

‘‘10110. Air Force Reserve: composition.

‘‘10111. Air National Guard of the United States: composition.

‘‘10112. Air National Guard: when a component of the Air Force.

‘‘10113. Air National Guard of the United States: status when not in Federal service.

‘‘10114. Coast Guard Reserve.

‘‘§ 10101. Reserve components named

‘‘The reserve components of the armed forces are:

‘‘(1) The Army National Guard of the United States.

‘‘(2) The Army Reserve.

‘‘(3) The Naval Reserve.

‘‘(4) The Marine Corps Reserve.

‘‘(5) The Air National Guard of the United States.

‘‘(6) The Air Force Reserve.

‘‘(7) The Coast Guard Reserve.

‘‘§ 10102. Purpose of reserve components

‘‘The purpose of each reserve component is to provide trained

units and qualified persons available for active duty in the armed

forces, in time of war or national emergency, and at such other

times as the national security may require, to fill the needs of

the armed forces whenever, during and after the period needed

to procure and train additional units and qualified persons to

achieve the planned mobilization, more units and persons are

needed than are in the regular components.

‘‘§ 10103. Basic policy for order of the National Guard and

reserve components to active duty

‘‘Whenever Congress determines that more units and organizations are needed for the national security than are in the regular

components of the ground and air forces, the Army National Guard

of the United States and the Air National Guard of the United

States, or such parts of them as are needed, together with units

of other reserve components necessary for a balanced force, shall

be ordered to active duty and retained as long as so needed.

‘‘§ 10104. Army Reserve: composition

‘‘The Army Reserve includes all Reserves of the Army who

are not members of the Army National Guard of the United States.

‘‘§ 10105. Army National Guard of the United States: composition

‘‘The Army National Guard of the United States is the reserve

component of the Army that consists of—

‘‘(1) federally recognized units and organizations of the

Army National Guard; and

‘‘(2) members of the Army National Guard who are also

Reserves of the Army.

‘‘§ 10106. Army National Guard: when a component of the

Army

‘‘The Army National Guard while in the service of the United

States is a component of the Army.
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‘‘§ 10107. Army National Guard of the United States: status

when not in Federal service

‘‘When not on active duty, members of the Army National

Guard of the United States shall be administered, armed, equipped,

and trained in their status as members of the Army National

Guard.

‘‘§ 10108. Naval Reserve: administration

‘‘(a) The Naval Reserve is the reserve component of the Navy.

It shall be organized, administered, trained, and supplied under

the direction of the Chief of Naval Operations.

‘‘(b) The bureaus and offices of the executive part of the Department of the Navy have the same relation and responsibility to

the Naval Reserve as they do to the Regular Navy.

‘‘§ 10109. Marine Corps Reserve: administration

‘‘(a) The Marine Corps Reserve is the reserve component of

the Marine Corps. It shall be organized, administered, trained,

and supplied under the direction of the Commandant of the Marine

Corps.

‘‘(b) The departments and offices of Headquarters, Marine Corps

have the same relation and responsibilities to the Marine Corps

Reserve as they do to the Regular Marine Corps.

‘‘§ 10110. Air Force Reserve: composition

‘‘The Air Force Reserve is a reserve component of the Air

Force to provide a reserve for active duty. It consists of the members

of the officers’ section of the Air Force Reserve and of the enlisted

section of the Air Force Reserve. It includes all Reserves of the

Air Force who are not members of the Air National Guard of

the United States.

‘‘§ 10111. Air National Guard of the United States: composition

‘‘The Air National Guard of the United States is the reserve

component of the Air Force that consists of—

‘‘(1) federally recognized units and organizations of the

Air National Guard; and

‘‘(2) members of the Air National Guard who are also

Reserves of the Air Force.

‘‘§ 10112. Air National Guard: when a component of the Air

Force

‘‘The Air National Guard while in the service of the United

States is a component of the Air Force.

‘‘§ 10113. Air National Guard of the United States: status

when not in Federal service

‘‘When not on active duty, members of the Air National Guard

of the United States shall be administered, armed, equipped, and

trained in their status as members of the Air National Guard.

‘‘§ 10114. Coast Guard Reserve

‘‘As provided in section 701 of title 14, the Coast Guard Reserve

is a component of the Coast Guard and is organized, administered,

trained, and supplied under the direction of the Commandant of
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the Coast Guard. Laws applicable to the Coast Guard Reserve

are set forth in chapter 21 of title 14 (14 U.S.C. 701 et seq.).

‘‘CHAPTER 1005—ELEMENTS OF RESERVE

COMPONENTS

‘‘Sec.

‘‘10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status of

members; training categories. ‘‘10142. Ready Reserve generally.

‘‘10143. Ready Reserve: Selected Reserve.

‘‘10144. Ready Reserve: Individual Ready Reserve.

‘‘10145. Ready Reserve: placement in.

‘‘10146. Ready Reserve: transfer from.

‘‘10147. Ready Reserve: training requirements.

‘‘10148. Ready Reserve: failure to satisfactorily perform prescribed training.

‘‘10149. Ready Reserve: continuous screening.

‘‘10150. Ready Reserve: transfer back from Standby Reserve.

‘‘10151. Standby Reserve: composition.

‘‘10152. Standby Reserve: inactive status list.

‘‘10153. Standby Reserve: status of members.

‘‘10154. Retired Reserve.

‘‘§ 10141. Ready Reserve; Standby Reserve; Retired Reserve:

placement and status of members; training categories

‘‘(a) There are in each armed force a Ready Reserve, a Standby

Reserve, and a Retired Reserve. Each Reserve shall be placed

in one of those categories.

‘‘(b) Reserves who are on the inactive status list of a reserve

component, or who are assigned to the inactive Army National

Guard or the inactive Air National Guard, are in an inactive status.

Members in the Retired Reserve are in a retired status. All other

Reserves are in an active status.

‘‘(c) As prescribed by the Secretary concerned, each reserve

component except the Army National Guard of the United States

and the Air National Guard of the United States shall be divided

into training categories according to the degrees of training, including the number and duration of drills or equivalent duties to be

completed in stated periods. The designation of training categories

shall be the same for all armed forces and the same within the

Ready Reserve and the Standby Reserve.

‘‘§ 10142. Ready Reserve

‘‘(a) The Ready Reserve consists of units or Reserves, or both,

liable for active duty as provided in sections 12301 and 12302

of this title.

‘‘(b) The authorized strength of the Ready Reserve is 2,900,000.

‘‘§ 10143. Ready Reserve: Selected Reserve

‘‘(a) Within the Ready Reserve of each of the reserve components

there is a Selected Reserve. The Selected Reserve consists of units,

and, as designated by the Secretary concerned, of Reserves, trained

as prescribed in section 10147(a)(1) of this title or section 502(a)

of title 32, as appropriate.

‘‘(b) The organization and unit structure of the Selected Reserve

shall be approved—

‘‘(1) in the case of all reserve components other than the

Coast Guard Reserve, by the Secretary of Defense based upon

recommendations from the military departments as approved
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by the Chairman of the Joint Chiefs of Staff in accordance

with contingency and war plans; and

‘‘(2) in the case of the Coast Guard Reserve, by the Secretary of Transportation upon the recommendation of the Commandant of the Coast Guard.

‘‘§ 10144. Ready Reserve: Individual Ready Reserve

‘‘Within the Ready Reserve of each of the reserve components

there is an Individual Ready Reserve. The Individual Ready Reserve

consists of those members of the Ready Reserve who are not in

the Selected Reserve or the inactive National Guard.

‘‘§ 10145. Ready Reserve: placement in

‘‘(a) Each person required under law to serve in a reserve

component shall, upon becoming a member, be placed in the Ready

Reserve of his armed force for his prescribed term of service, unless

he is transferred to the Standby Reserve under section 10146(a)

of this title.

‘‘(b) The units and members of the Army National Guard of

the United States and of the Air National Guard of the United

States are in the Ready Reserve of the Army and the Ready Reserve

of the Air Force, respectively.

‘‘(c) All Reserves assigned to units organized to serve as units

and designated as units in the Ready Reserve are in the Ready

Reserve.

‘‘(d) Under such regulations as the Secretary concerned may

prescribe, any qualified member of a reserve component or any

qualified retired enlisted member of a regular component may,

upon his request, be placed in the Ready Reserve. However, a

member of the Retired Reserve entitled to retired pay or a retired

enlisted member of a regular component may not be placed in

the Ready Reserve unless the Secretary concerned makes a special

finding that the member’s services in the Ready Reserve are

indispensable. The Secretary concerned may not delegate his

authority under the preceding sentence.

‘‘§ 10146. Ready Reserve: transfer from

‘‘(a) Subject to subsection (c) and under regulations prescribed

by the Secretary of Defense, or by the Secretary of Transportation

with respect to the Coast Guard when it is not operating as a

service in the Navy, a member in the Ready Reserve may be

transferred to the Standby Reserve. ‘‘(b) A Reserve who is qualified and so requests may be transferred to the Retired Reserve under regulations prescribed by the

Secretary concerned and, in the case of the Secretary of a military

department, approved by the Secretary of Defense.

‘‘(c) A member of the Army National Guard of the United

States or the Air National Guard of the United States may be

transferred to the Standby Reserve only with the consent of the

governor or other appropriate authority of the State.

‘‘§ 10147. Ready Reserve: training requirements

‘‘(a) Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating

as a service in the Navy, each person who is enlisted, inducted,

or appointed in an armed force, and who becomes a member of
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the Ready Reserve under any provision of law except section 513

or 10145(b) of this title, shall be required, while in the Ready

Reserve, to—

‘‘(1) participate in at least 48 scheduled drills or training

periods during each year and serve on active duty for training

of not less than 14 days (exclusive of traveltime) during each

year; or

‘‘(2) serve on active duty for training not more than 30

days during each year.

‘‘(b) A member who has served on active duty for one year

or longer may not be required to perform a period of active duty

for training if the first day of that period falls during the last

120 days of the member’s required membership in the Ready

Reserve.

‘‘§ 10148. Ready Reserve: failure to satisfactorily perform prescribed training

‘‘(a) A member of the Ready Reserve covered by section 10147

of this title who fails in any year to perform satisfactorily the

training duty prescribed in that section, as determined by the

Secretary concerned under regulations prescribed by the Secretary

of Defense, may be ordered without his consent to perform additional active duty for training for not more than 45 days. If the

failure occurs during the last year of his required membership

in the Ready Reserve, his membership is extended until he performs

that additional active duty for training, but not for more than

six months.

‘‘(b) A member of the Army National Guard of the United

States or the Air National Guard of the United States who fails

in any year to perform satisfactorily the training duty prescribed

by or under law for members of the Army National Guard or

the Air National Guard, as the case may be, as determined by

the Secretary concerned, may, upon the request of the Governor

of the State (or, in the case of the District of Columbia, the

commanding general of the District of Columbia National Guard)

be ordered, without his consent, to perform additional active duty

for training for not more than 45 days. A member ordered to

active duty under this subsection shall be ordered to duty as a

Reserve of the Army or as a Reserve of the Air Force, as the

case may be.

‘‘§ 10149. Ready Reserve: continuous screening

‘‘(a) Under regulations to be prescribed by the President, the

Secretary concerned shall provide a system of continuous screening

of units and members of the Ready Reserve to ensure the following:

‘‘(1) That there will be no significant attrition of those

members or units during a mobilization.

‘‘(2) That there is a proper balance of military skills.

‘‘(3) That except for those with military skills for which

there is an overriding requirement, members having critical

civilian skills are not retained in numbers beyond the need

for those skills.

‘‘(4) That with due regard to national security and military

requirements, recognition will be given to participation in combat.
S. 2182—313

‘‘(5) That members whose mobilization in an emergency

would result in an extreme personal or community hardship

are not retained in the Ready Reserve.

‘‘(b) Under regulations to be prescribed by the Secretary of

Defense, and by the Secretary of Transportation with respect to

the Coast Guard when it is not operating as a service in the

Navy, a member of the Ready Reserve who is designated as a

member not to be retained in the Ready Reserve as a result of

screening under subsection (a) shall, as appropriate, be—

‘‘(1) transferred to the Standby Reserve;

‘‘(2) discharged; or

‘‘(3) if the member is eligible and applies therefor, transferred to the Retired Reserve.

‘‘§ 10150. Ready Reserve: transfer back from Standby Reserve

‘‘Under regulations to be prescribed by the Secretary of Defense,

and by the Secretary of Transportation with respect to the Coast

Guard when it is not operating as a service in the Navy, a member

of the Standby Reserve who has not completed his required period

of service in the Ready Reserve may be transferred to the Ready

Reserve when the reason for his transfer to the Standby Reserve

no longer exists.

‘‘§ 10151. Standby Reserve: composition

‘‘The Standby Reserve consists of those units or members, or

both, of the reserve components, other than those in the Ready

Reserve or Retired Reserve, who are liable for active duty only

as provided in sections 12301 and 12306 of this title.

‘‘§ 10152. Standby Reserve: inactive status list

‘‘An inactive status list shall be maintained in the Standby

Reserve. Whenever an authority designated by the Secretary concerned considers that it is in the best interest of the armed force

concerned, a member in the Standby Reserve who is not required

to remain a Reserve, and who cannot participate in prescribed

training, may, if qualified, be transferred to the inactive status

list under regulations to be prescribed by the Secretary concerned.

These regulations shall fix the conditions under which such a member is entitled to be returned to an active status.

‘‘§ 10153. Standby Reserve: status of members

‘‘While in an inactive status, a Reserve is not eligible for pay

or promotion and (as provided in section 12734(a) of this title)

does not accrue credit for years of service under chapter 1223

of this title.

‘‘§ 10154. Retired Reserve

‘‘The Retired Reserve consists of the following Reserves:

‘‘(1) Reserves who are or have been retired under section

3911, 6323, or 8911 of this title or under section 291 of title

14.

‘‘(2) Reserves who have been transferred to the Retired

Reserve upon their request, retain their status as Reserves,

and are otherwise qualified.
S. 2182—314

‘‘CHAPTER 1007—ADMINISTRATION OF

RESERVE COMPONENTS

‘‘Sec.

‘‘10201. Assistant Secretary of Defense for Reserve Affairs. ‘‘10202. Regulations.

‘‘10203. Reserve affairs: designation of general or flag officer of each armed force.

‘‘10204. Personnel records.

‘‘10205. Members of Individual Ready Reserve: requirement of notification of change

of status.

‘‘10206. Members: periodic physical examinations.

‘‘10207. Mobilization forces: maintenance.

‘‘10208. Annual mobilization exercise.

‘‘10209. Regular and reserve components: discrimination prohibited.

‘‘10210. Dissemination of information.

‘‘10211. Policies and regulations: participation of reserve officers in preparation and

administration.

‘‘10212. Gratuitous services of officers: authority to accept.

‘‘10213. Reserve components: dual membership prohibited.

‘‘10214. Adjutants general and assistant adjutants general: reference to other officers of National Guard.

‘‘10215. Officers of Army National Guard of the United States and Air National

Guard of the United States: authority with respect to Federal status.

‘‘§ 10201. Assistant Secretary of Defense for Reserve Affairs

‘‘As provided in section 138(b)(2) of this title, the official in

the Department of Defense with responsibility for overall supervision of reserve component affairs of the Department of Defense

is the Assistant Secretary of Defense for Reserve Affairs.

‘‘§ 10202. Regulations

‘‘(a) Subject to standards, policies, and procedures prescribed

by the Secretary of Defense, the Secretary of each military department shall prescribe such regulations as the Secretary considers

necessary to carry out provisions of law relating to the reserve

components under the Secretary’s jurisdiction. ‘‘(b) The Secretary of Transportation, with the concurrence of

the Secretary of the Navy, shall prescribe such regulations as

the Secretary considers necessary to carry out all provisions of

law relating to the reserve components insofar as they relate to

the Coast Guard, except when the Coast Guard is operating as

a service in the Navy. ‘‘(c) So far as practicable, regulations for all reserve components

shall be uniform.

‘‘§ 10203. Reserve affairs: designation of general or flag officer of each armed force

‘‘(a) The Secretary of the Army may designate a general officer

of the Army to be directly responsible for reserve affairs to the

Chief of Staff of the Army.

‘‘(b) The Secretary of the Navy may designate a flag officer

of the Navy to be directly responsible for reserve affairs to the

Chief of Naval Operations and a general officer of the Marine

Corps to be directly responsible for reserve affairs to the Commandant of the Marine Corps.

‘‘(c) The Secretary of the Air Force may designate a general

officer of the Air Force to be directly responsible for reserve affairs

to the Chief of Staff of the Air Force.

‘‘(d) The Secretary of Transportation may designate a flag officer

of the Coast Guard to be directly responsible for reserve affairs

to the Commandant of the Coast Guard.
S. 2182—315

‘‘(e) This section does not affect the functions of the Chief

of the National Guard Bureau, the Chief of Army Reserve, or

the Chief of Air Force Reserve.

‘‘§ 10204. Personnel records

‘‘(a) The Secretary concerned shall maintain adequate and current personnel records of each member of the reserve components

under the Secretary’s jurisdiction showing the following with respect

to the member:

‘‘(1) Physical condition.

‘‘(2) Dependency status.

‘‘(3) Military qualifications.

‘‘(4) Civilian occupational skills.

‘‘(5) Availability for service.

‘‘(6) Such other information as the Secretary concerned

may prescribe.

‘‘(b) Under regulations to be prescribed by the Secretary of

Defense, the Secretary of each military department shall maintain

a record of the number of members of each class of each reserve

component who, during each fiscal year, have participated satisfactorily in active duty for training and inactive duty training with

pay.

‘‘§ 10205. Members of Ready Reserve: requirement of notification of change of status

‘‘(a) Each member of the Ready Reserve shall notify the Secretary concerned of any change in the member’s address, marital

status, number of dependents, or civilian employment and of any

change in the member’s physical condition that would prevent the

member from meeting the physical or mental standards prescribed

for the member’s armed force.

‘‘(b) This section shall be administered under regulations prescribed by the Secretary of Defense and by the Secretary of

Transportation with respect to the Coast Guard when it is not

operating as a service in the Navy.

‘‘§ 10206. Members: periodic physical examinations

‘‘(a) Each member of the Ready Reserve who is not on active

duty shall—‘‘(1) be examined as to his physical fitness every five years,

or more often as the Secretary concerned considers necessary;

and

‘‘(2) execute and submit annually to the Secretary concerned a certificate of physical condition.

Each Reserve in an active status, or on an inactive status list,

who is not on active duty shall execute and submit annually to

the Secretary concerned a certificate of physical condition.

‘‘(b) The kind of duty to which a Reserve ordered to active

duty may be assigned shall be considered in determining physical

qualifications for active duty.

‘‘§ 10207. Mobilization forces: maintenance

‘‘(a) Whenever units or members of the reserve components

are ordered to active duty (other than for training) during a period

of partial mobilization, the Secretary concerned shall continue to

maintain mobilization forces by planning and budgeting for the

continued organization and training of the reserve components not
S. 2182—316

mobilized, and make the fullest practicable use of the Federal

facilities vacated by mobilized units, consistent with approved joint

mobilization plans.

‘‘(b) In this section, the term ‘partial mobilization’ means the

mobilization resulting from action by Congress or the President,

under any law, to bring units of any reserve component, and members not assigned to units organized to serve as units, to active

duty for a limited expansion of the active armed forces.

‘‘§ 10208. Annual mobilization exercise

‘‘(a) The Secretary of Defense shall conduct at least one major

mobilization exercise each year. The exercise should be as comprehensive and as realistic as possible and should include the

participation of associated active component and reserve component

units.

‘‘(b) The Secretary shall maintain a plan to test periodically

each active component and reserve component unit based in the

United States and all interactions of such units, as well as the

sustainment of the forces mobilized as part of the exercise, with

the objective of permitting an evaluation of the adequacy of resource

allocation and planning.

‘‘§ 10209. Regular and reserve components: discrimination

prohibited

‘‘Laws applying to both Regulars and Reserves shall be administered without discrimination—

‘‘(1) among Regulars;

‘‘(2) among Reserves; and

‘‘(3) between Regulars and Reserves.

‘‘§ 10210. Dissemination of information

‘‘The Secretary of Defense shall require the complete and current dissemination, to all Reserves and to the public, of information

of interest to the reserve components.

‘‘§ 10211. Policies and regulations: participation of Reserve

officers in preparation and administration

‘‘Within such numbers and in such grades and assignments

as the Secretary concerned may prescribe, each armed force shall

have officers of its reserve components on active duty (other than

for training) at the seat of government, and at headquarters responsible for reserve affairs, to participate in preparing and administering the policies and regulations affecting those reserve components.

While so serving, such an officer is an additional number of any

staff with which he is serving.

‘‘§ 10212. Gratuitous services of officers: authority to accept

‘‘Notwithstanding section 1342 of title 31, the Secretary of

a military department may accept the gratuitous services of an

officer of a reserve component under the Secretary’s jurisdiction

(other than an officer of the Army National Guard of the United

States or the Air National Guard of the United States)—

‘‘(1) in the furtherance of the enrollment, organization,

and training of that officer’s reserve component or the Reserve

Officers’ Training Corps; or

‘‘(2) in consultation upon matters relating to the armed

forces.
S. 2182—317

‘‘§ 10213. Reserve components: dual membership prohibited

‘‘Except as otherwise provided in this title, no person may

be a member of more than one reserve component at the same

time.

‘‘§ 10214. Adjutants general and assistant adjutants general:

reference to other officers of National Guard

‘‘In any case in which, under the laws of a State, an officer

of the National Guard of that jurisdiction, other than the adjutant

general or an assistant adjutant general, normally performs the

duties of that office, the references in sections 12004(b)(1), 12215,

12642(c), 14507(b), 14508(e), and 14512 of this title to the adjutant

general or the assistant adjutant general shall be applied to that

officer instead of to the adjutant general or assistant adjutant

general.

‘‘§ 10215. Officers of Army National Guard of the United

States and Air National Guard of the United

States: authority with respect to Federal status

‘‘(a)(1) Officers of the Army National Guard of the United

States who are not on active duty— ‘‘(A) may order members of the Army National Guard of

the United States to active duty for training under section

12301(d) of this title; and

‘‘(B) with the approval of the Secretary of the Air Force,

may order members of the Air National Guard of the United

States to active duty for training under that section.

‘‘(2) Officers of the Air National Guard of the United States

who are not on active duty—

‘‘(A) may order members of the Air National Guard of

the United States to active duty for training under section

12301(d) of this title; and

‘‘(B) with the approval of the Secretary of the Army, may

order members of the Army National Guard of the United

States to active duty for training under that section.

‘‘(b) Officers of the Army National Guard of the United States

or the Air National Guard of the United States who are not on

active duty—‘‘(1) may enlist, reenlist, or extend the enlistments of persons as Reserves of the Army or Reserves of the Air Force

for service in the Army National Guard of the United States

or the Air National Guard of the United States, as the case

may be; and ‘‘(2) with respect to their Federal status, may promote

or discharge persons enlisted or reenlisted as Reserves of the

Army or Reserves of the Air Force for that service.

‘‘(c) This section shall be carried out under regulations prescribed by the Secretary of the Army, with respect to matters

concerning the Army, and by the Secretary of the Air Force, with

respect to matters concerning the Air Force.’’.

(2)(A) Sections 261 through 265 and 267 through 281 are

repealed.

(B) Chapter 11 is amended by striking out the table of sections

at the beginning and inserting in lieu thereof the following:

‘‘Sec.

‘‘261. Reference to chapters 1003, 1005, and 1007.
S. 2182—318

‘‘§ 261. Reference to chapters 1003, 1005, and 1007

‘‘Provisions of law relating to the reserve components generally,

including provisions relating to the organization and administration

of the reserve components, are set forth in chapter 1003 (beginning

with section 10101), chapter 1005 (beginning with section 10141),

and chapter 1007 (beginning with section 10201) of this title.’’.

(3)(A) Chapter 519 and sections 652, 2001, 3076 through 3080,

and 8076 through 8080 are repealed.

(B) Section 552(e) of Public Law 98–525 is repealed.

(4) Section 1004 is amended—

(A) by striking out subsections (a) and (b); and

(B) by striking out ‘‘(c)’’ before ‘‘Except as otherwise provided’’.

(5)(A) Section 10147(a), as added by paragraph (1), applies

only to persons who were inducted, enlisted, or appointed in an

armed force after August 9, 1955.

(B) Section 10148(b), as added by paragraph (1), applies only

to persons who became members of the Army National Guard

of the United States or the Air National Guard of the United

States after October 4, 1961.

(b) BOARDS AND COMMITTEES.—(1) Part I of subtitle E (as

added by subsection (a)) is amended by adding at the end the

following:

‘‘CHAPTER 1009—RESERVE FORCES POLICY

BOARDS AND COMMITTEES

‘‘Sec.

‘‘10301. Reserve Forces Policy Board.

‘‘10302. Army Reserve Forces Policy Committee.

‘‘10303. Naval Reserve Policy Board.

‘‘10304. Marine Corps Reserve Policy Board.

‘‘10305. Air Force Reserve Forces Policy Committee.

‘‘§ 10301. Reserve Forces Policy Board

‘‘(a) There is in the Office of the Secretary of Defense a Reserve

Forces Policy Board. The Board consists of the following: ‘‘(1) A civilian chairman appointed by the Secretary of

Defense.

‘‘(2) The Assistant Secretary of the Army for Manpower

and Reserve Affairs, the Assistant Secretary of the Navy for

Manpower and Reserve Affairs, and the Assistant Secretary

of the Air Force for Manpower and Reserve Affairs.

‘‘(3) An officer of the Regular Army designated by the

Secretary of the Army.

‘‘(4) An officer of the Regular Navy and an officer of the

Regular Marine Corps, each designated by the Secretary of

the Navy.

‘‘(5) An officer of the Regular Air Force designated by

the Secretary of the Air Force.

‘‘(6) Four reserve officers designated by the Secretary of

Defense upon the recommendation of the Secretary of the Army,

two of whom must be members of the Army National Guard

of the United States, and two of whom must be members

of the Army Reserve.

‘‘(7) Four reserve officers designated by the Secretary of

Defense upon the recommendation of the Secretary of the Navy,
S. 2182—319

two of whom must be members of the Naval Reserve, and

two of whom must be members of the Marine Corps Reserve.

‘‘(8) Four reserve officers designated by the Secretary of

Defense upon the recommendation of the Secretary of the Air

Force, two of whom must be members of the Air National

Guard of the United States, and two of whom must be members

of the Air Force Reserve.

‘‘(9) A reserve officer of the Army, Navy, Air Force, or

Marine Corps who is a general officer or flag officer designated

by the Chairman of the Board with the approval of the Secretary of Defense, and who serves without vote as military

adviser to the Chairman and as executive officer of the Board.

‘‘(10) An officer of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps serving in a position

on the Joint Staff who is designated by the Chairman of the

Joint Chiefs of Staff.

‘‘(b) Whenever the Coast Guard is not operating as a service

in the Navy, the Secretary of Transportation may designate two

officers of the Coast Guard, Regular or Reserve, to serve as voting

members of the Board.

‘‘(c) The Board, acting through the Assistant Secretary of

Defense for Reserve Affairs, is the principal policy adviser to the

Secretary of Defense on matters relating to the reserve components.

‘‘(d) This section does not affect the committees on reserve

policies prescribed within the military departments by sections

10302 through 10305 of this title.

‘‘(e) A member of a committee or board prescribed under a

section listed in subsection (d) may, if otherwise eligible, be a

member of the Reserve Forces Policy Board.

‘‘(f) The Board shall act on those matters referred to it by

the Chairman and, in addition, on any matter raised by a member

of the Board.

‘‘§ 10303. Naval Reserve Policy Board

‘‘A Naval Reserve Policy Board shall be convened at least

once annually at the seat of government to consider, recommend,

and report to the Secretary of the Navy on reserve policy matters.

At least half of the members of the Board must be officers of

the Naval Reserve.

‘‘§ 10304. Marine Corps Reserve Policy Board

‘‘A Marine Corps Reserve Policy Board shall be convened at

least once annually at the seat of government to consider, recommend, and report to the Secretary of the Navy on reserve policy

matters. At least half of the members of the Board must be officers

of the Marine Corps Reserve.’’.

(2)(A) Section 3021 is transferred to chapter 1009 (as added

by paragraph (1)), inserted after section 10301, and redesignated

as section 10302.

(B) Section 8021 is transferred to chapter 1009 (as added by

paragraph (1)), inserted after section 10304, and redesignated as

section 10305.

(3) The text of section 175 is amended to read as follows:

‘‘There is in the Office of the Secretary of Defense a Reserve

Forces Policy Board. The functions, membership, and organization

of that board are set forth in section 10301 of this title.’’.
S. 2182—320

(4)(A) Chapter 303 (as amended by paragraph (2)(A)) is amended by inserting after section 3020 the following:

‘‘§ 3021. Army Reserve Forces Policy Committee

‘‘There is in the Office of the Secretary of the Army an Army

Reserve Forces Policy Committee. The functions, membership, and

organization of that committee are set forth in section 10302 of

this title.’’.

(B) Chapter 803 (as amended by paragraph (2)(B)) is amended

by inserting after section 8020 the following:

‘‘§ 8021. Air Force Reserve Forces Policy Committee

‘‘There is in the Office of the Secretary of the Air Force an

Air Force Reserve Forces Policy Committee. The functions, membership, and organization of that committee are set forth in section

10305 of this title.’’.

(c) NATIONAL GUARD BUREAU.—(1)(A) Chapter 1011, as added

by section 904(a), is amended by inserting after section 10506

the following:

‘‘§ 10507. National Guard Bureau: assignment of officers of

regular or reserve components

‘‘Except as provided in section 124402(b) of this title, the President may assign to duty in the National Guard Bureau as many

regular or reserve officers of the Army or Air Forces as he considers

necessary.’’.

(B) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 10506

the following new item:

‘‘10507. National Guard Bureau: assignment of officers of regular or reserve components.’’.

(2) Sections 3541 and 8541 are repealed.

(d) ANNUAL REPORTS TO CONGRESS.—(1) Part I of subtitle E,

as added by subsection (a), is amended by adding after chapter

1011, as added by section 904(a), the following:

‘‘CHAPTER 1013—BUDGET INFORMATION AND

ANNUAL REPORTS TO CONGRESS

‘‘Sec.

‘‘10541. National Guard and reserve component equipment: annual report to

Congress.

‘‘10542. Army National Guard combat readiness: annual report.’’.

(2)(A) Section 115b is transferred to chapter 1013, as added

by paragraph (1), inserted after the table of sections, and redesignated as section 10541.

(B) The heading of that section is amended to read as follows:

‘‘§ 10541. National Guard and reserve component equipment:

annual report to Congress’’.

(3) Section 3082 is transferred to chapter 1013, as added by

paragraph (1), inserted after section 10541 (as transferred and

redesignated by paragraph (2)), redesignated as section 10542, and

amended by striking out the word in the section heading before

the colon and by striking out subsection (c).
S. 2182—321

SEC. 1662. LAWS RELATING TO RESERVE COMPONENT PERSONNEL

POLICY.

(a) STRENGTH AND DISTRIBUTION IN GRADE.—(1) Subtitle E,

as added by section 1611, is amended by inserting after part I

of such subtitle, as added by section 1661, the following:

‘‘PART II—PERSONNEL GENERALLY

‘‘Chap. Sec.

‘‘1201. Authorized Strengths and Distribution in Grade ................................... 12001

‘‘1203. Enlisted Members ...................................................................................... 12101

‘‘1205. Appointment of Reserve Officers .............................................................. 12201

‘‘1207. Warrant Officers ........................................................................................ 12241

‘‘1209. Active Duty ................................................................................................. 12301

‘‘1211. National Guard Members in Federal Service .......................................... 12401

‘‘1213. Special Appointments, Assignments, Details, and Duties ...................... 12501

‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]

‘‘1217. Miscellaneous Rights and Benefits ........................................................... 12601

‘‘1219. Standards and Procedures for Retention and Promotion ....................... 12641

‘‘1221. Separation .................................................................................................. 12681

‘‘1223. Retired Pay for Non-Regular Service ....................................................... 12731

‘‘1225. Retired Grade ............................................................................................. 12771

‘‘CHAPTER 1201—AUTHORIZED STRENGTHS AND DISTRIBUTION IN

GRADE

‘‘Sec.

‘‘12001. Authorized strengths: reserve components. ‘‘12002. Authorized strengths: Army and Air Force reserve components, exclusive of

members on active duty. ‘‘12003. Authorized strengths: commissioned officers active status. ‘‘12004. Strength in grade: reserve general and flag officers in an active status. ‘‘12005. Strength in grade: commissioned officers in grades below brigadier general

or rear admiral (lower half) in an active status.

‘‘12006. Strength limitations: authority to waive in time of war or national emergency. ‘‘12007. Reserve officers of the Army: distribution. ‘‘12008. Army Reserve and Air Force Reserve: warrant officers. ‘‘12009. Army and Air Force reserve components: temporary increases. ‘‘12010. Computations for Naval Reserve and Marine Corps Reserve: rule when

fraction occurs in final result.

‘‘12011. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National

Guard.

‘‘12012. Authorized strengths: senior enlisted members on active duty or on fulltime National Guard duty for administration of the reserves or the National Guard.

‘‘§ 12001. Authorized strengths: reserve components

‘‘(a) Whenever the authorized strength of a reserve component

(other than the Coast Guard Reserve) is not prescribed by law,

it shall be prescribed by the President.

‘‘(b) Subject to the authorized strength of the reserve component

concerned, the authorized strength of each reserve component (other

than the Coast Guard Reserve) in members in each grade is that

which the Secretary concerned determines to be necessary to provide

for mobilization requirements. The Secretary shall review these

determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component

concerned may not, as a result of such a determination, be reduced

in the member’s reserve grade without the member’s consent.

‘‘§ 12002. Authorized strengths: Army and Air Force reserve

components, exclusive of members on active duty

‘‘(a) The authorized strengths of the National Guard and the

reserve components of the Army and the Air Force, exclusive of
S. 2182—322

members who are included in the strengths authorized for members

of the Army and Air Force, respectively, on active duty, are as

follows:

‘‘Army National Guard and the Army National Guard of the United States ....................................................................................................... 600,000

‘‘Army Reserve ...................................................................................... 980,000

‘‘Air National Guard and the Air National Guard of the United

States ............................................................................................................ 150,000

‘‘Air Force Reserve ................................................................................ 500,000.

‘‘(b) The strength authorized by this section for the Army

National Guard and the Army National Guard of the United States,

and the strength authorized by this section for the Air National

Guard and the Air National Guard of the United States, shall

be allocated among the States.

‘‘§ 12003. Authorized strengths: commissioned officers in an

active status

‘‘(a) The authorized strengths of the Army, Navy, Air Force,

and Marine Corps in reserve commissioned officers, other than

commissioned warrant officers and officers on an active-duty list,

in an active status are as follows:

‘‘Army ..................................................................................................... 275,000

‘‘Air Force .............................................................................................. 200,000

‘‘Navy ..................................................................................................... 150,000

‘‘Marine Corps ....................................................................................... 24,500.

‘‘(b) The authorized strengths prescribed by subsection (a) may

not be exceeded unless—

‘‘(1) the Secretary concerned determines that a greater

number is necessary for planned mobilization requirements;

or

‘‘(2) the excess results directly from the operation of a

nondiscretionary provision of law.

‘‘§ 12004. Strength in grade: reserve general and flag officers

in an active status

‘‘(a) The authorized strengths of the Army, Air Force, and

Marine Corps in reserve general officers in an active status, and

the authorized strength of the Navy in reserve officers in the

grades of rear admiral (lower half) and rear admiral in an activestatus, are as follows:

‘‘Army ..................................................................................................... 207

‘‘Air Force .............................................................................................. 157

‘‘Navy ..................................................................................................... 48

‘‘Marine Corps ....................................................................................... 10.

‘‘(b) The following Army and Air Force reserve officers shall

not be counted for purposes of this section:

‘‘(1) Those serving as adjutants general or assistant adjutants general of a State.

‘‘(2) Those serving in the National Guard Bureau.

‘‘(3) Those counted under section 526 of this title.

‘‘(c)(1) The authorized strength of the Navy under subsection

(a) is exclusive of officers counted under section 526 of this title.

Of the number authorized under subsection (a), 39 are distributed

among the line and the staff corps as follows:

‘‘Line ............................................................................................................. 28

‘‘Medical Corps ............................................................................................ 5

‘‘Chaplain Corps .......................................................................................... 1

‘‘Judge Advocate General’s Corps .............................................................. 1
S. 2182—323

‘‘Dental Corps .............................................................................................. 2

‘‘Nurse Corps ............................................................................................... 1

‘‘Medical Service Corps ............................................................................... 1

‘‘(2) The remaining authorizations for the Navy under sub- section (a) shall be distributed among such other staff corps as

are established by the Secretary of the Navy under the authority

provided by section 5150(b) of this title, except that— ‘‘(A) if the Secretary has established a Supply Corps, the authorized strength for the Supply Corps shall be seven; and ‘‘(B) if the Secretary has established a Civil Engineering Corps, the authorized strength for the Civil Engineering Corps

shall be two.

‘‘(3) Not more than 50 percent of the officers in an active

status authorized under this section for the Navy may serve in

the grade of rear admiral. ‘‘(d) The authorized strength of the Marine Corps under sub- section (a) is exclusive of those counted under section 526 of this

title.

‘‘(e)(1) A reserve general officer of the Army or Air Force may not be reduced in grade because of a reduction in the number

of general officers authorized under subsection (a). ‘‘(2) An officer of the Naval Reserve or the Marine Corps

Reserve may not be reduced in permanent grade because of a

reduction in the number authorized by this section for his grade.

‘‘§ 12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower

half) in an active status

‘‘(a)(1) Subject to paragraph (2), the authorized strength of the Army and the Air Force in reserve commissioned officers in

an active status in each grade named in paragraph (2) is as prescribed by the Secretary of the Army or the Secretary of the Air

Force, respectively. A vacancy in any grade may be filled by an

authorized appointment in any lower grade. ‘‘(2) A strength prescribed by the Secretary concerned under paragraph (1) for a grade may not be higher than the percentage

of the strength authorized for the Army or the Air Force, as the

case may be, under section 12003 of this title that is specified

for that grade as follows:

Grade Army percentage

Air Force

percentage

Colonel .............................................................................. 2 1.8

Lieutenant colonel ........................................................... 6 4.6

Major ................................................................................ 13 14.0

Captain ............................................................................. 35 32.0

First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) ............. 44 47.6

‘‘(b)(1) The authorized strengths of the Naval Reserve in line

officers in an active status in the grades of captain, commander,

lieutenant commander, and lieutenant, and in the grades of lieutenant (junior grade) and ensign combined, are the following percentages of the total authorized number of those officers:

‘‘Captain .................................................................................................. 1.5 percent
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‘‘Commander ........................................................................................... 7 percent

‘‘Lieutenant commander ........................................................................ 22 percent

‘‘Lieutenant ............................................................................................. 37 percent ‘‘Lieutenant (junior grade) and ensign (when combined with the

number authorized for flag officer grades under section 12004 of

this title) ............................................................................................. 32.5 percent.

‘‘(2) When the actual number of line officers in an active status

in any grade is less than the number authorized by paragraph

(1) for that grade, the difference may be applied to increase the

number authorized by that paragraph for any lower grade or grades. ‘‘(c)(1) The authorized strengths of the Marine Corps Reserve in officers in an active status in the grades of colonel, lieutenant

colonel, major, and captain, and in the grades of first lieutenant

and second lieutenant combined, are the following percentages of

the total authorized number of those officers:

‘‘Colonel ................................................................................................... 2 percent

‘‘Lieutenant colonel ................................................................................ 6 percent

‘‘Major ..................................................................................................... 12 percent

‘‘Captain .................................................................................................. 35 percent ‘‘First lieutenant and second lieutenant (when combined with the

number authorized for general officer grades under section 12004

of this title) ......................................................................................... 32.5 percent.

‘‘(2) When the actual number of officers in an active status

in any grade is less than the number authorized by paragraph

(1) for that grade, the difference may be applied to increase the

number authorized by that paragraph for any lower grade or grades. ‘‘(d)(1) An officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of commissioned

officers authorized for the officer’s grade under this section. ‘‘(2) An officer of the Naval Reserve or the Marine Corps

Reserve may not be reduced in permanent grade because of a

reduction in the number authorized by this section for his grade.

‘‘§ 12006. Strength limitations: authority to waive in time of war or national emergency

‘‘(a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation

of any provision of section 12003, 12004, or 12005 of this title.

So long as any such war or national emergency continues, any

such suspension may be extended by the President. ‘‘(b) Any suspension under subsection (a) shall, if not sooner ended, end on the last day of the two-year period beginning on

the date on which the suspension (or the last extension thereof)

takes effect or on the last day of the one-year period beginning

on the date of the termination of the war or national emergency,

whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II

of the National Emergencies Act (50 U.S.C. 1621, 1622) which

provide that powers or authorities exercised by reason of a national

emergency shall cease to be exercised after the date of termination

of the emergency.

‘‘§ 12007. Reserve officers of the Army: distribution

‘‘The Secretary of the Army shall distribute the number of

reserve commissioned officers, other than commissioned warrant

officers, authorized in each commissioned grade between those

assigned to reserve units organized to serve as units and those

not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units
S. 2182—325

among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such

units between—

‘‘(1) each special branch; and

‘‘(2) all other branches taken together.

‘‘§ 12008. Army Reserve and Air Force Reserve: warrant officers

‘‘The Secretary of the Army may prescribe the authorized

strength of the Army Reserve in warrant officers. The Secretary

of the Air Force may prescribe the authorized strength of the

Air Force Reserve in warrant officers.

‘‘§ 12009. Army and Air Force reserve components: temporary increases

‘‘(a) The authorized strength in any reserve grade, as prescribed

under this chapter, for any reserve component under the jurisdiction

of the Secretary of the Army or the Secretary of the Air Force

is automatically increased to the minimum extent necessary to

give effect to each appointment made in that grade under section

1211(a), 3036, 14304(b), 14314, or 14317 of this title.

‘‘(b) An authorized strength so increased is increased for no

other purpose. While an officer holds that grade, the officer whose

appointment caused the increase is counted for the purpose of

determining when other appointments, not under those sections,

may be made in that grade.

‘‘§ 12010. Computations for Naval Reserve and Marine Corps

Reserve: rule when fraction occurs in final result

‘‘When there is a fraction in the final result of any computation

under this chapter for the Naval Reserve or the Marine Corps

Reserve, a fraction of one-half or more is counted as one, and

a fraction of less than one-half is disregarded.

‘‘§ 12012. Authorized strengths: senior enlisted members on

active duty or on full-time National Guard duty

for administration of the reserves or National

Guard

‘‘(a) The number of enlisted members in pay grades E–8 and

E–9 who may be on active duty (other than for training) or on

full-time National Guard duty under the authority of section 502(f)

of title 32 (other than for training) as of the end of any fiscal

year in connection with organizing, administering, recruiting,

instructing, or training the reserve components or the National

Guard may not exceed the number for that grade and armed force

in the following table:

Grade Army Navy Air Force Marine

Corps

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

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

‘‘(b) Whenever the number of members serving in pay grade

E–9 for duty described in subsection (a) is less than the number
S. 2182—326

authorized for that grade under subsection (a), the difference

between the two numbers may be applied to increase the number

authorized under such subsection for pay grade E–8.’’.

(2)(A) Section 524 is transferred to chapter 1201, as added

by paragraph (1), inserted after section 12010, and redesignated

as section 12011.

(B) The heading of that section is amended to read as follows:

‘‘§ 12011. Authorized strengths: reserve officers on active

duty or on full-time National Guard duty for

administration of the reserves or the National

Guard’’.

(3) Chapter 531 and sections 3212, 3217 through 3225, 5454,

5456, 5457, 5458, 8212, and 8217 through 8225 are repealed. (4) Section 517 is amended—

(A) by striking out subsection (b); and

(B) by redesignating subsection (c) as subsection (b) and

in that subsection striking out ‘‘or whenever’’ and all that

follows through ‘‘under subsection (b),’’.

(b) ENLISTMENTS.—(1) Part II of subtitle E, as added by sub- section (a), is amended by adding after chapter 1201 (as added

by subsection (a)), the following:

‘‘CHAPTER 1203—ENLISTED MEMBERS

‘‘Sec.

‘‘12101. Definition.

‘‘12102. Reserve components: qualifications.

‘‘12103. Reserve components: terms.

‘‘12104. Reserve components: transfers.

‘‘12105. Army Reserve and Air Force Reserve: transfer from Guard components.

‘‘12106. Army and Air Force Reserve: transfer to upon withdrawal as member of

National Guard.

‘‘12107. Army National Guard of United States; Air National Guard of the United

States: enlistment in.

‘‘§ 12101. Definition

‘‘In this chapter, the term ‘enlistment’ means original enlistment or reenlistment.

‘‘§ 12105. Army Reserve and Air Force Reserve: transfer from

Guard components

‘‘(a) Under such regulations as the Secretary concerned may

prescribe—

‘‘(1) an enlisted member of the Army National Guard of

the United States may be transferred in grade to the Army

Reserve; and

‘‘(2) an enlisted member of the Air National Guard of

the United States may be transferred in grade to the Air

Force Reserve.

‘‘(b) Upon such a transfer, the member transferred is eligible

for promotion to the highest regular or reserve grade ever held

by him in the Army, if transferred under subsection (a)(1), or

the Air Force, if transferred under subsection (a)(2), if his service

has been honorable.

‘‘(c) A transfer under this section may only be made with

the consent of the governor or other appropriate authority of the

State concerned.
S. 2182—327

‘‘§ 12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard

‘‘(a) An enlisted member of the Army National Guard of the

United States who ceases to be a member of the Army National

Guard becomes a member of the Army Reserve unless he is also

discharged from his enlistment as a Reserve.

‘‘(b) An enlisted member of the Air National Guard of the

United States who ceases to be a member of the Air National

Guard becomes a member of the Air Force Reserve unless he

is also discharged from his enlistment as a Reserve.

‘‘(c) An enlisted member who becomes a member of the Army

Reserve or the Air Force Reserve under this section ceases to

be a member of the Army National Guard of the United States

or the Air National Guard of the United States, as the case may

be.

‘‘§ 12107. Army National Guard of United States; Air National

Guard of the United States: enlistment in

‘‘(a) Except as provided in subsection (c), to become an enlisted

member of the Army National Guard of the United States or the

Air National Guard of the United States, a person must—

‘‘(1) be enlisted in the Army National Guard or the Air

National Guard, as the case may be;

‘‘(2) subscribe to the oath set forth in section 304 of title

32; and

‘‘(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard,

as the case may be, in the grade in which he is to be enlisted

as a Reserve.

‘‘(b)(1) Under regulations to be prescribed by the Secretary

of the Army, a person who enlists in the Army National Guard,

or whose term of enlistment in the Army National Guard is

extended, shall be concurrently enlisted, or his term of enlistment

shall be concurrently extended, as the case may be, as a Reserve

of the Army for service in the Army National Guard of the United

States.

‘‘(2) Under regulations to be prescribed by the Secretary of

the Air Force, a person who enlists in the Air National Guard,

or whose term of enlistment in the Air National Guard is extended,

shall be concurrently enlisted, or his term of enlistment shall be

concurrently extended, as the case may be, as a Reserve of the

Air Force for service in the Air National Guard of the United

States.

‘‘(c)(1) A member of the Army Reserve who enlists in the

Army National Guard in his reserve grade, and is a member of

a federally recognized unit or organization of the Army National

Guard, becomes a member of the Army National Guard of the

United States and ceases to be a member of the Army Reserve.

‘‘(2) A member of the Air Force Reserve who enlists in the

Air National Guard in his reserve grade, and is a member of

a federally recognized unit or organization of the Air National

Guard, becomes a member of the Air National Guard of the United

States and ceases to be a member of the Air Force Reserve.’’.

(2) Sections 510 (as amended by section 1631(a)), 511, and

512 are transferred to chapter 1203, as added by paragraph (1),

inserted after section 12101, and redesignated as follows:
S. 2182—328

Redesignated

Section section

510 ................................................................................................... 12102

511 ................................................................................................... 12103

512 ................................................................................................... 12104

(3) The following sections are repealed: sections 3259, 3260,

3261, 8259, 8260, and 8261.

(c) APPOINTMENT OF OFFICERS.—(1) Part II of subtitle E, as

added by subsection (a), is further amended by adding after chapter

1203 (as added by subsection (b)) the following:

‘‘CHAPTER 1205—APPOINTMENT OF RESERVE

OFFICERS

‘‘Sec.

‘‘12201. Qualifications for appointment. ‘‘12202. Commissioned officer grades. ‘‘12203. Commissioned officers: appointment, how made; term.

‘‘12204. Commissioned officers: original appointment; limitation. ‘‘12205. Commissioned officers: appointment; educational requirement.

‘‘12206. Commissioned officers: appointment of former commissioned officers.

‘‘12207. Commissioned officers: service credit upon original appointment. ‘‘12208. Officers: appointment upon transfer.

‘‘12209. Officer candidates: enlisted Reserves.

‘‘12210. Attending Physician to the Congress: reserve grade while so serving. ‘‘12211. Officers: Army National Guard of United States. ‘‘12212. Officers: Air National Guard of United States.

‘‘12213. Officers; Army Reserve: transfer from Army National Guard of United

States.

‘‘12214. Officers; Air Force Reserve: transfer from Air National Guard of United

States.

‘‘12215. Commissioned officers: reserve grade of adjutants general and assistant adjutants general.

‘‘§ 12215. Commissioned officers: reserve grade of adjutants

general and assistant adjutants general

‘‘(a) The adjutant general or an assistant adjutant general

of the Army National Guard of a State may, upon being extended

Federal recognition, be appointed as a reserve officer of the Army

as of the date on which he is so recognized.

‘‘(b) The adjutant general or an assistant adjutant general

of the Air National Guard of a State may be appointed in the

reserve commissioned grade in which Federal recognition in the

Air National Guard is extended to him.’’.

(2) Sections 591 (as amended by section 1631(b)), 592, 593

(as amended by section 1632), 594, 596, 596a (as added by section

1633), 596b (as added by section 1634), and 595 are transferred

(in that order) to chapter 1205, as added by paragraph (1), inserted

after the table of sections, and redesignated as follows: Redesignated

Section section

591 ................................................................................................... 12201

592 ................................................................................................... 12202

593 ................................................................................................... 12203

594 ................................................................................................... 12204

596 ................................................................................................... 12205

596a (as added by section 1633) .................................................... 12206

596b (as added by section 1634) .................................................... 12207

595 ................................................................................................... 12208

(3) Sections 600, 600a, 3351, 8351, 3352 (as amended by section

1636(a)), and 8352 are transferred (in that order) to chapter 1205,

as added by paragraph (1), inserted after section 12208, and redesignated as follows:
S. 2182—329

Redesignated

Section section

600 ................................................................................................... 12209

600a ................................................................................................. 12210

3351 ................................................................................................. 12211

8351 ................................................................................................. 12212

3352 ................................................................................................. 12213

8352 ................................................................................................. 12214

(d) WARRANT OFFICERS.—(1) Part II of subtitle E, as added

by subsection (a), is further amended by adding after chapter 1205

(as added by subsection (c)) the following:

‘‘CHAPTER 1207—WARRANT OFFICERS

‘‘Sec.

‘‘12241. Warrant officers: grades; appointment, how made; term. ‘‘12242. Warrant officers: promotion.

‘‘12243. Warrant officers: suspension of laws for promotions or mandatory retirement or separation during war or emergency.’’.

(2) Sections 597, 598, and 599 are transferred to chapter 1207,

as added by paragraph (1), inserted after the table of sections,

and redesignated as follows: Redesignated

Section section

597 ................................................................................................... 12241

598 ................................................................................................... 12242

599 ................................................................................................... 12243

(3) Chapter 34 is amended to read as follows:

‘‘CHAPTER 34—APPOINTMENTS AS RESERVE

OFFICERS

‘‘Sec.

‘‘591. Reference to chapters 1205 and 1207.

‘‘§ 591. Reference to chapters 1205 and 1207

‘‘Provisions of law relating to appointments of reserve officers

other than warrant officers are set forth in chapter 1205 of this

title (beginning with section 12201). Provisions of law relating to

appointments and promotion of reserve warrant officers are set

forth in chapter 1207 (beginning with section 12241).’’.

(e) ACTIVE DUTY.—(1) Part II of subtitle E, as added by subsection (a), is further amended by adding after chapter 1207 (as

added by subsection (d)) the following:

‘‘CHAPTER 1209—ACTIVE DUTY

‘‘Sec.

‘‘12301. Reserve components generally.

‘‘12302. Ready Reserve.

‘‘12303. Ready Reserve: members not assigned to, or participating satisfactorily in,

units.

‘‘12304. Selected Reserve: order to active duty other than during war or national

emergency. ‘‘12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation. ‘‘12306. Standby Reserve.

‘‘12307. Retired Reserve.

‘‘12308. Retention on active duty after becoming qualified for retired pay.

‘‘12309. Reserve officers: use of in expansion of armed forces.

‘‘12310. Reserves: for organizing, administering, etc., reserve components.

‘‘12311. Active duty agreements.

‘‘12312. Active duty agreements: release from duty.
S. 2182—330

‘‘12313. Reserves: release from active duty.

‘‘12314. Reserves: kinds of duty.

‘‘12315. Reserves: duty with or without pay.

‘‘12316. Payment of certain Reserves while on duty.

‘‘12317. Reserves: theological students; limitations.

‘‘12318. Reserves on active duty: duties; funding.

‘‘12319. Ready Reserve: muster duty.

‘‘12320. Reserve officers: grade in which ordered to active duty.

‘‘12321. Reserve Officer Training Corps units: limitation on number of Reserves assigned.’’.

(2) Sections 672 through 673a, section 673b (as amended by

section 511), sections 673c through 687, section 689 (as amended

by section 1625), and section 690 are transferred to chapter 1209,

as added by paragraph (1), inserted after the table of sections,

and redesignated as follows: Redesignated

Section section

672 ................................................................................................... 12301

673 ................................................................................................... 12302

673a ................................................................................................. 12303

673b ................................................................................................. 12304

673c .................................................................................................. 12305

674 ................................................................................................... 12306

675 ................................................................................................... 12307

676 ................................................................................................... 12308

677 ................................................................................................... 12309

678 ................................................................................................... 12310

679 ................................................................................................... 12311

680 ................................................................................................... 12312

681 ................................................................................................... 12313

682 ................................................................................................... 12314

683 ................................................................................................... 12315

684 ................................................................................................... 12316

685 ................................................................................................... 12317

686 ................................................................................................... 12318

687 ................................................................................................... 12319

689 ................................................................................................... 12320

690 ................................................................................................... 12321

(3) The heading of section 12321 (as so redesignated) is amended to read as follows:

‘‘§ 12321. Reserve Officer Training Corps units: limitation

on number of Reserves assigned’’.

(4) Chapter 39 is amended by inserting after section 671b

the following:

‘‘§ 672. Reference to chapter 1209

‘‘Provisions of law relating to service of members of reserve

components on active duty are set forth in chapter 1209 of this

title (beginning with section 12301).’’. (f) NATIONAL GUARD MEMBERS IN FEDERAL SERVICE.—(1) Part

II of subtitle E, as added by subsection (a), is further amended

by adding after chapter 1209 (as added by subsection (e)) the

following:

‘‘CHAPTER 1211—NATIONAL GUARD MEMBERS

IN FEDERAL SERVICE

‘‘Sec.

‘‘12401. Army and Air National Guard of United States: status.

‘‘12402. Army and Air National Guard of United States: commissioned officers; duty

in National Guard Bureau.

‘‘12403. Army and Air National Guard of United States: members; status in which

ordered into Federal service.
S. 2182—331

‘‘12404. Army and Air National Guard of United States: mobilization; maintenance

of organization. ‘‘12405. National Guard in Federal service: status.

‘‘12406. National Guard in Federal service: call.

‘‘12407. National Guard in Federal service: period of service; apportionment.

‘‘12408. National Guard in Federal service: physical examination.

‘‘§ 12401. Army and Air National Guard of the United States:

status

‘‘Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active

Federal service except when ordered thereto under law.

‘‘§ 12402. Army and Air National Guard of United States: commissioned officers; duty in National Guard

Bureau

‘‘(a) The President may, with their consent, order commissioned officers of the Army National Guard of the United States and

the Air National Guard of the United States to active duty in

the National Guard Bureau.

‘‘(b)(1) The number of officers of the Army National Guard

of the United States in grades below brigadier general who are

ordered to active duty in the National Guard Bureau may not

be more than 40 percent of the number of officers of the Army

authorized for duty in that Bureau and, to the extent practicable,

shall not exceed 40 percent of the number of officers of the Army

serving in that Bureau in any grade below brigadier general.

‘‘(2) The number of officers of the Air National Guard of the

United States in grades below brigadier general who are ordered

to active duty in the National Guard Bureau may not be more

than 40 percent of the number of officers of the Air Force authorized

for duty in that Bureau and, to the extent practicable, shall not

exceed 40 percent of the number of officers of the Air Force serving

in that Bureau in any grade below brigadier general.

‘‘§ 12403. Army and Air National Guard of United States:

members; status in which ordered into Federal

service

‘‘Members of the Army National Guard of the United States

ordered to active duty shall be ordered to duty as Reserves of

the Army. Members of the Air National Guard of the United States

ordered to active duty shall be ordered to duty as Reserves of

the Air Force.

‘‘§ 12404. Army and Air National Guard of United States:

mobilization; maintenance of organization

‘‘During an initial mobilization, the organization of a unit of

the Army National Guard of the United States or of the Air National

Guard of the United States ordered into active Federal service

shall, so far as practicable, be maintained as it existed on the

date of the order to duty.

‘‘§ 12405. National Guard in Federal service: status

‘‘Members of the National Guard called into Federal service

are, from the time when they are required to respond to the call,

subject to the laws and regulations governing the Army or the

Air Force, as the case may be, except those applicable only to

members of the Regular Army or Regular Air Force, as the case

may be.
S. 2182—332

‘‘§ 12406. National Guard in Federal service: call

‘‘Whenever—

‘‘(1) the United States, or any of the Territories, Commonwealths, or possessions, is invaded or is in danger of invasion

by a foreign nation;

‘‘(2) there is a rebellion or danger of a rebellion against

the authority of the Government of the United States; or

‘‘(3) the President is unable with the regular forces to

execute the laws of the United States;

the President may call into Federal service members and units

of the National Guard of any State in such numbers as he considers

necessary to repel the invasion, suppress the rebellion, or execute

those laws. Orders for these purposes shall be issued through

the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of

the District of Columbia.

‘‘§ 12407. National Guard in Federal service: period of service; apportionment

‘‘(a) Whenever the President calls the National Guard of a

State into Federal service, he may specify in the call the period

of the service. Members and units called shall serve inside or

outside the territory of the United States during the term specified,

unless sooner relieved by the President. However, no member of

the National Guard may be kept in Federal service beyond the

term of his commission or enlistment.

‘‘(b) When the National Guard of a State is called into Federal

service with the National Guard of another of those jurisdictions,

the President may apportion the total number called from the

Army National Guard or from the Air National Guard, as the

case may be, on the basis of the populations of the jurisdictions

affected by the call.

‘‘§ 12408. National Guard in Federal service: physical examination

‘‘(a) Under regulations prescribed by the President, each member of the National Guard called into Federal service shall be

examined as to physical fitness, without further commission or

enlistment.

‘‘(b) Immediately before such a member is mustered out of

Federal service, he shall be examined as to physical fitness. The

record of this examination shall be retained by the United States.’’.

(2) Sections 3495 through 3502 and 8495 through 8502 are

repealed.

(g) MISCELLANEOUS PROVISIONS.—(1) Part II of subtitle E, as

added by subsection (a), is further amended by adding after chapter

1211 (as added by subsection (f)) the following:

‘‘CHAPTER 1213—SPECIAL APPOINTMENTS,

ASSIGNMENTS, DETAILS, AND DUTIES

‘‘Sec.

‘‘12501. Reserve components: detail of members of regular and reserve components

to assist.

‘‘12502. Chief and assistant chief of staff of National Guard divisions and wings in

Federal service: detail.
S. 2182—333

‘‘§ 12501. Reserve components: detail of members of regular

and reserve components to assist

‘‘The Secretary concerned shall detail such members of the

regular and reserve components under his jurisdiction as are necessary to effectively develop, train, instruct, and administer those

reserve components.

‘‘§ 12502. Chief and assistant chief of staff of National Guard

divisions and wings in Federal service: detail

‘‘(a) The President may detail a regular or reserve officer of

the Army as chief of staff, and a regular or reserve officer or

an officer of the Army National Guard as assistant to the chief

of staff, of any division of the Army National Guard that is in

Federal service as an Army National Guard organization.

‘‘(b) The President may detail a regular or reserve officer of

the Air Force as chief of staff, and a regular or reserve officer

or an officer of the Air National Guard as assistant to the chief

of staff, of any wing of the Air National Guard that is in Federal

service as an Air National Guard organization.

‘‘CHAPTER 1215—MISCELLANEOUS

PROHIBITIONS AND PENALTIES

‘‘[No present sections]

‘‘CHAPTER 1217—MISCELLANEOUS RIGHTS

AND BENEFITS

‘‘Sec.

‘‘12601. Compensation: Reserve on active duty accepting from any person.

‘‘12602. Members of Army National Guard of United States and Air National Guard

of United States: credit for service as members of National Guard.

‘‘§ 12601. Compensation: Reserve on active duty accepting

from any person

‘‘Any Reserve who, before being ordered to active duty, was

receiving compensation from any person may, while he is on that

duty, receive compensation from that person.

‘‘§ 12602. Members of Army National Guard of United States

and Air National Guard of United States: credit

for service as members of National Guard

‘‘(a) For the purposes of laws providing benefits for members

of the Army National Guard of the United States and their dependents and beneficiaries—

‘‘(1) military training, duty, or other service performed

by a member of the Army National Guard of the United States

in his status as a member of the Army National Guard for

which he is entitled to pay from the United States shall be

considered military training, duty, or other service, as the case

may be, in Federal service as a Reserve of the Army; ‘‘(2) full-time National Guard duty performed by a member

of the Army National Guard of the United States shall be

considered active duty in Federal service as a Reserve of the

Army; and

‘‘(3) inactive-duty training performed by a member of the

Army National Guard of the United States in his status as
S. 2182—334

a member of the Army National Guard, in accordance with

regulations prescribed under section 502 of title 32 or other

express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Army.

‘‘(b) For the purposes of laws providing benefits for members

of the Air National Guard of the United States and their dependents

and beneficiaries—

‘‘(1) military training, duty, or other service performed

by a member of the Air National Guard of the United States

in his status as a member of the Air National Guard for

which he is entitled to pay from the United States shall be

considered military training, duty, or other service, as the case

may be, in Federal service as a Reserve of the Air Force;

‘‘(2) full-time National Guard duty performed by a member

of the Air National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Air

Force; and

‘‘(3) inactive-duty training performed by a member of the

Air National Guard of the United States in his status as a

member of the Air National Guard, in accordance with regulations prescribed under section 502 of title 32 or other express

provision of law, shall be considered inactive-duty training in

Federal service as a Reserve of the Air Force.’’.

(2) Sections 715, 1033, 3542, 3686, 8542, and 8686 are repealed.

(h) STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION.—(1) Part II of subtitle E, as added by subsection (a),

is further amended by adding after chapter 1217 (as added by

subsection (g)) the following:

‘‘CHAPTER 1219—STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

‘‘Sec.

‘‘12641. Standards and procedures: Secretary to prescribe.

‘‘12642. Standards and qualifications: result of failure to comply with.

‘‘12643. Boards for appointment, promotion, and certain other purposes: composition.

‘‘12644. Members physically not qualified for active duty: discharge or transfer to

retired status.

‘‘12645. Commissioned officers: retention until completion of required service.

‘‘12646. Commissioned officers: retention of after completing 18 or more, but less

than 20, years of service.

‘‘12647. Commissioned officers: retention in active status while assigned to Selective

Service System or serving as United States property and fiscal officers.’’.

(2) Sections 1001, 1002, 266, 1004 (as amended by section

1661(b)(4)), and 1005 through 1007 are transferred (in that order)

to chapter 1219, as added by paragraph (1), inserted after the

table of sections, and redesignated as follows: Redesignated

Section section

1001 ................................................................................................. 12641

1002 ................................................................................................. 12642

266 .................................................................................................. 12643

1004 ................................................................................................. 12644

1005 ................................................................................................. 12645

1006 ................................................................................................. 12646

1007 ................................................................................................. 12647

(3) Section 1003 is repealed.

(4)(A) The heading of section 12641 (as so redesignated) is

amended to read as follows:
S. 2182—335

‘‘§ 12641. Standards and procedures: Secretary to prescribe’’.

(B) The heading of section 12644 (as so redesignated) is amended to read as follows:

‘‘§ 12644. Members physically not qualified for active duty:

discharge or transfer to retired status’’.

(5) Chapter 51 is amended by striking out the table of sections

at the beginning and inserting in lieu thereof the following:

‘‘Sec.

‘‘1001. Reference to chapter 1219.

‘‘§ 1001. Reference to chapter 1219

‘‘Provisions of law relating to standards and procedures for

retention and promotion of members of reserve components are

set forth in chapter 1219 of this title (beginning with section

12641).’’.

(i) SEPARATION.—(1) Part II of subtitle E, as added by subsection (a), is further amended by adding after chapter 1219 (as

added by subsection (h)) the following:

‘‘CHAPTER 1221—SEPARATION

‘‘Sec.

‘‘12681. Reserves: discharge authority.

‘‘12682. Reserves: discharge upon becoming ordained minister of religion.

‘‘12683. Reserve officers: limitation on involuntary separation.

‘‘12684. Reserves: separation for absence without authority or sentence to imprisonment.

‘‘12685. Reserves separated for cause: character of discharge.

‘‘12686. Reserves on active duty within two years of retirement eligibility: limitation

on release from active duty.

‘‘§ 12681. Reserves: discharge authority

‘‘Subject to other provisions of this title, reserve commissioned

officers may be discharged at the pleasure of the President. Other

Reserves may be discharged under regulations prescribed by the

Secretary concerned.

‘‘§ 12682. Reserves: discharge upon becoming ordained minister of religion

‘‘Under regulations to be prescribed by the Secretary of Defense,

a Reserve who becomes a regular or ordained minister of religion

is entitled upon his request to a discharge from his reserve enlistment or appointment.

‘‘§ 12683. Reserve officers: limitation on involuntary separation

‘‘(a) An officer of a reserve component who has at least five

years of service as a commissioned officer may not be separated

from that component without his consent except—

‘‘(1) under an approved recommendation of a board of officers convened by an authority designated by the Secretary

concerned; or

‘‘(2) by the approved sentence of a court-martial. ‘‘(b) Subsection (a) does not apply— ‘‘(1) to a separation under section 12684, 14901, or 14907

of this title;

‘‘(2) to a dismissal under section 1161(a) of this title; or
S. 2182—336

‘‘(3) to a transfer under section 12213, 12214, 14514, or

14515 of this title.

‘‘§ 12684. Reserves: separation for absence without authority

or sentence to imprisonment

‘‘The President or the Secretary concerned may drop from the

rolls of the armed force concerned any Reserve—

‘‘(1) who has been absent without authority for at least

three months; or

‘‘(2) who is sentenced to confinement in a Federal or State

penitentiary or correctional institution after having been found

guilty of an offense by a court other than a court-martial

or other military court, and whose sentence has become final.

‘‘§ 12685. Reserves separated for cause: character of discharge

‘‘A member of a reserve component who is separated for cause,

except under section 12684 of this title, is entitled to a discharge

under honorable conditions unless—

‘‘(1) the member is discharged under conditions other than

honorable under an approved sentence of a court-martial or

under the approved findings of a board of officers convened

by an authority designated by the Secretary concerned; or ‘‘(2) the member consents to a discharge under conditions

other than honorable with a waiver of proceedings of a courtmartial or a board.

‘‘§ 12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active

duty

‘‘Under regulations to be prescribed by the Secretary concerned,

which shall be as uniform as practicable, a member of a reserve

component who is on active duty (other than for training) and

is within two years of becoming eligible for retired pay or retainer

pay under a purely military retirement system, may not be involuntarily released from that duty before he becomes eligible for that

pay, unless the release is approved by the Secretary.’’.

(2) Sections 1162 and 1163 are repealed.

(j) RETIRED PAY.—(1) Chapter 67 is transferred to part II of

subtitle E, as added by subsection (a), inserted after chapter 1221

(as added by subsection (i)), and amended to read as follows:

‘‘CHAPTER 1223—RETIRED PAY FOR NONREGULAR SERVICE

‘‘Sec.

‘‘12731. Age and service requirements.

‘‘12731a. Temporary special retirement qualification authority.

‘‘12732. Entitlement to retired pay: computation of years of service.

‘‘12733. Computation of retired pay: computation of years of service.

‘‘12734. Time not creditable toward years of service.

‘‘12735. Inactive status list.

‘‘12736. Service credited for retired pay benefits not excluded for other benefits.

‘‘12737. Limitation on active duty.

‘‘12738. Limitations on revocation of retired pay.

‘‘12739. Computation of retired pay.
S. 2182—337

‘‘§ 12731. Age and service requirements

‘‘(a) Except as provided in subsection (c), a person is entitled,

upon application, to retired pay computed under section 12739

of this title, if the person— ‘‘(1) is at least 60 years of age;

‘‘(2) has performed at least 20 years of service computed under section 12732 of this title;

‘‘(3) performed the last eight years of qualifying service while a member of any category named in section 12732(a)(1)

of this title, but not while a member of a regular component,

the Fleet Reserve, or the Fleet Marine Corps Reserve; and ‘‘(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member

of the Fleet Reserve or the Fleet Marine Corps Reserve.

‘‘(b) Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary

of Transportation, as the case may be, having jurisdiction at the

time of application over the armed force in which the applicant

is serving or last served. ‘‘(c)(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component

or other category covered by section 12732(a)(1) of this title except

a regular component, is not eligible for retired pay under this

chapter unless— ‘‘(A) the person performed active duty during World War I or World War II; or

‘‘(B) the person performed active duty (other than for train- ing) during the Korean conflict, the Berlin crisis, or the Vietnam

era.

‘‘(2) In this subsection:

‘‘(A) The term ‘World War I’ means the period beginning on April 6, 1917, and ending on November 11, 1918. ‘‘(B) The term ‘World War II’ means the period beginning on September 9, 1940, and ending on December 31, 1946. ‘‘(C) The term ‘Korean conflict’ means the period beginning on June 27, 1950, and ending on July 27, 1953. ‘‘(D) The term ‘Berlin crisis’ means the period beginning on August 14, 1961, and ending on May 30, 1963. ‘‘(E) The term ‘Vietnam era’ means the period beginning on August 5, 1964, and ending on March 27, 1973.

‘‘(d) The Secretary concerned shall notify each person who

has completed the years of service required for eligibility for retired

pay under this chapter. The notice shall be sent, in writing, to

the person concerned within one year after the person completes

that service. The notice shall include notice of the elections available

to such person under the Survivor Benefit Plan established under

subchapter II of chapter 73 of this title and the Supplemental

Survivor Benefit Plan established under subchapter III of that

chapter, and the effects of such elections.

‘‘(e) Notwithstanding section 8301 of title 5, the date of entitlement to retired pay under this section shall be the date on which

the requirements of subsection (a) have been completed.

‘‘(f) In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on the date

of the enactment of this subsection and ending on September 30,

1999, the provisions of subsection (a)(3) shall be applied by

substituting ‘the last six years’ for ‘the last eight years’.
S. 2182—338

‘‘§ 12731a. Temporary special retirement qualification

authority

‘‘(a) RETIREMENT WITH AT LEAST 15 YEARS OF SERVICE.—For

the purposes of section 12731 of this title, the Secretary concerned

may— ‘‘(1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of a reserve component of the armed force under the jurisdiction of that Secretary

as having met the service requirements of subsection (a)(2)

of that section and provide the member with the notification

required by subsection (d) of that section if the member— ‘‘(A) as of October 1, 1991, has completed at least

15, and less than 20, years of service computed under

section 12732 of this title; or

‘‘(B) after that date and before October 1, 1999, completes 15 years of service computed under that section;

and

‘‘(2) upon the request of the member submitted to the

Secretary, transfer the member to the Retired Reserve.

‘‘(b) PERIOD OF AUTHORITY.—The period referred to in subsection (a)(1) is the period beginning on October 23, 1992, and

ending on October 1, 1999. ‘‘(c) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1)

The Secretary concerned may limit the applicability of subsection

(a) to any category of personnel defined by the Secretary in order

to meet a need of the armed force under the jurisdiction of the

Secretary to reduce the number of members in certain grades,

the number of members who have completed a certain number

of years of service, or the number of members who possess certain

military skills or are serving in designated competitive categories. ‘‘(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense

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

Stat. 2713).

‘‘(3) Notwithstanding the provisions of section 4415(2) of the

Defense Conversion Reinvestment, and Transition Assistance Act

of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the

Secretary concerned may, consistent with the other provisions of

this section, provide the notification required by section 12731(d)

of this title to a member who no longer meets the qualifications

for membership in the Selected Reserve solely because the member

is unfit because of physical disability. Such notification may not

be made if the disability is the result of the member’s intentional

misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary

concerned or was incurred during a period of unauthorized absence.

‘‘(d) EXCLUSION.—This section does not apply to persons

referred to in section 12731(c) of this title.

‘‘(e) REGULATIONS.—The authority provided in this section shall

be subject to regulations prescribed by the Secretary of Defense

and by the Secretary of Transportation with respect to the Coast

Guard.

‘‘§ 12732. Entitlement to retired pay: computation of years

of service

‘‘(a) Except as provided in subsection (b), for the purpose of

determining whether a person is entitled to retired pay under
S. 2182—339

section 12731 of this title, the person’s years of service are computed

by adding the following:

‘‘(1) The person’s years of service, before July 1, 1949,

in the following:

‘‘(A) The armed forces.

‘‘(B) The federally recognized National Guard before

June 15, 1933.

‘‘(C) A federally recognized status in the National

Guard before June 15, 1933.

‘‘(D) The National Guard after June 14, 1933, if his

service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition

as an officer therein, to the date of his enlistment or

appointment, as the case may be, in the National Guard

of the United States, the Army National Guard of the

United States, or the Air National Guard of the United

States.

‘‘(E) The Naval Reserve Force.

‘‘(F) The Naval Militia that conformed to the standards

prescribed by the Secretary of the Navy.

‘‘(G) The National Naval Volunteers.

‘‘(H) The Army Nurse Corps, the Navy Nurse Corps,

the Nurse Corps Reserve of the Army, or the Nurse Corps

Reserve of the Navy, as it existed at any time after February 2, 1901.

‘‘(I) The Army under an appointment under the Act

of December 22, 1942 (ch. 805, 56 Stat. 1072).

‘‘(J) An active full-time status, except as a student

or apprentice, with the Medical Department of the Army

as a civilian employee— ‘‘(i) in the dietetic or physical therapy categories,

if the service was performed after April 6, 1917, and

before April 1, 1943; or

‘‘(ii) in the occupational therapy category, if the

service was performed before appointment in the Army

Nurse Corps or the Women’s Medical Specialist Corps

and before January 1, 1949, or before appointment

in the Air Force before January 1, 1949, with a view

to designation as an Air Force nurse or medical specialist.

‘‘(2) Each one-year period, after July 1, 1949, in which

the person has been credited with at least 50 points on the

following basis: ‘‘(A) One point for each day of— ‘‘(i) active service; or

‘‘(ii) full-time service under sections 316, 502, 503,

504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of

instruction at a school designated as a service school

by law or by the Secretary concerned;

if that service conformed to required standards and qualifications.

‘‘(B) One point for each attendance at a drill or period

of equivalent instruction that was prescribed for that year

by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32.
S. 2182—340

‘‘(C) Points at the rate of 15 a year for membership—

‘‘(i) in a reserve component of an armed force,

‘‘(ii) in the Army or the Air Force without component, or

‘‘(iii) in any other category covered by subsection

(a)(1) except a regular component.

For the purpose of clauses (A), (B), and (C), service in the

National Guard shall be treated as if it were service in a

reserve component, if the person concerned was later appointed

in the National Guard of the United States, the Army National

Guard of the United States, the Air National Guard of the

United States, or as a Reserve of the Army or the Air Force,

and served continuously in the National Guard from the date

of his Federal recognition to the date of that appointment.

‘‘(3) The person’s years of active service in the Commissioned Corps of the Public Health Service.

‘‘(4) The person’s years of active commissioned service in

the National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science

Services Administration and in the Coast and Geodetic Survey).

‘‘(b) The following service may not be counted under subsection

(a):

‘‘(1) Service (other than active service) in an inactive section

of the Organized Reserve Corps or of the Army Reserve, or

in an inactive section of the officers’ section of the Air Force

Reserve.

‘‘(2) Service (other than active service) after June 30, 1949,

while on the Honorary Retired List of the Naval Reserve or

of the Marine Corps Reserve.

‘‘(3) Service in the inactive National Guard.

‘‘(4) Service in a non-federally recognized status in the

National Guard.

‘‘(5) Service in the Fleet Reserve or the Fleet Marine Corps

Reserve.

‘‘(6) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch.

192, 31 Stat. 753), as amended, and service before July 1,

1938, as an inactive Reserve nurse of the Navy Nurse Corps

established by the Act of May 13, 1908 (ch. 166, 35 Stat.

146).

‘‘(7) Service in any status other than that as commissioned

officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and

that described in clauses (I) and (J) of subsection (a)(1).

‘‘§ 12733. Computation of retired pay: computation of years

of service

‘‘For the purpose of computing the retired pay of a person

under this chapter, the person’s years of service and any fraction

of such a year are computed by dividing 360 into the sum of

the following:

‘‘(1) The person’s days of active service.

‘‘(2) The person’s days of full-time service under sections

316, 502, 503, 504, and 505 of title 32 while performing annual

training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by

the Secretary concerned.
S. 2182—341

‘‘(3) One day for each point credited to the person under

clause (B) or (C) of section 12732(a)(2) of this title, but not

more than 60 days in any one year.

‘‘(4) 50 days for each year before July 1, 1949, and proportionately for each fraction of a year, of service (other than

active service) in a reserve component of an armed force, in

the Army or the Air Force without component, or in any other

category covered by section 12732(a)(1) of this title, except

a regular component.

‘‘§ 12734. Time not creditable toward years of service

‘‘(a) Service in an inactive status may not be counted in any

computation of years of service under this chapter. ‘‘(b) Time spent after retirement (without pay) for failure to

conform to standards and qualifications prescribed under section

12641 of this title may not be credited in a computation of years

of service under this chapter.

‘‘§ 12735. Inactive status list

‘‘(a) A member who would be eligible for retired pay under

this chapter but for the fact that that member is under 60 years

of age may be transferred, at his request and by direction of

the Secretary concerned, to such inactive status list as may be

established for members of his armed force, other than members

of a regular component.

‘‘(b) While on an inactive status list under subsection (a), a

member is not required to participate in any training or other

program prescribed for his component.

‘‘(c) The Secretary may at any time recall to active status

a member who is on an inactive status list under subsection (a).

‘‘§ 12736. Service credited for retired pay benefits not

excluded for other benefits

‘‘No period of service included wholly or partly in determining

a person’s right to, or the amount of, retired pay under this chapter

may be excluded in determining his eligibility for any annuity,

pension, or old-age benefit, under any other law, on account of

civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.

‘‘§ 12737. Limitation on active duty

‘‘A member of the armed forces may not be ordered to active

duty solely for the purpose of qualifying the member for retired

pay under this chapter.

‘‘§ 12738. Limitations on revocation of retired pay

‘‘(a) After a person is granted retired pay under this chapter,

or is notified in accordance with section 12731(d) of this title that

the person has completed the years of service required for eligibility

for retired pay under this chapter, the person’s eligibility for retired

pay may not be denied or revoked on the basis of any error,

miscalculation, misinformation, or administrative determination of

years of service performed as required by section 12731(a)(2) of

this title, unless it resulted directly from the fraud or misrepresentation of the person.
S. 2182—342

‘‘(b) The number of years of creditable service upon which

retired pay is computed may be adjusted to correct any error,

miscalculation, misinformation, or administrative determination

and when such a correction is made the person is entitled to

retired pay in accordance with the number of years of creditable

service, as corrected, from the date the person is granted retired

pay.

‘‘§ 12739. Computation of retired pay

‘‘(a) The monthly retired pay of a person entitled to that pay

under this chapter is the product of—

‘‘(1) the retired pay base for that person as computed under

section 1406(b)(2) or 1407 of this title; and

‘‘(2) 21⁄2 percent of the years of service credited to that

person under section 12733 of this title.

‘‘(b) The amount computed under subsection (a) may not exceed

75 percent of the retired pay base upon which the computation

is based.

‘‘(c) Amounts computed under this section, if not a multiple

of $1, shall be rounded down to the next lower multiple of $1.’’.

(2) Section 1401(a) is amended by striking out formula number

3 in the table set forth in that section.

(3) Section 1405(a)(3) is amended by striking out ‘‘section 1333’’

and ‘‘section 1331’’ and inserting in lieu thereof ‘‘section 12733’’

and ‘‘section 12731’’, respectively.

(4) Section 1406(b) is amended—

(A) by striking out the matter preceding the table and

inserting in lieu thereof the following:

‘‘(b) RETIREMENT UNDER SUBTITLE A OR E.—

‘‘(1) DISABILITY, WARRANT OFFICER, AND DOPMA RETIRE- MENT.—In the case of a person whose retired pay is computed

under this subtitle, the retired pay base is determined in accordance with the following table.’’; (B) in the table—

(i) by striking out the entry relating to section 1331 (including the matter relating to that entry in the column

under the heading ‘‘The retired pay base is:’’); and (ii) by redesignating the references to footnotes 3 and

4 so as to refer to footnotes 2 and 3, respectively;

(C) by striking out footnote 2 to the table and redesignating

footnotes 3 and 4 as footnotes 2 and 3, respectively; and (D) by adding at the end the following:

‘‘(2) NON-REGULAR SERVICE RETIREMENT.—In the case of

a person who is entitled to retired pay under section 12731

of this title, the retired pay base is the monthly basic pay,

determined at the rates applicable on the date when retired

pay is granted, of the highest grade held satisfactorily by the

person at any time in the armed forces. For purposes of the

preceding sentence, the highest grade in which a person served

satisfactorily as an officer shall be determined in accordance

with section 1370(d) of this title.’’.

(5) Section 1407 is amended—

(A) in subsection (c)(2)(B), by striking out ‘‘chapter 67’’

and inserting in lieu thereof ‘‘chapter 1223’’; and

(B) in subsection (f)(2)—

(i) by striking out ‘‘CHAPTER 67’’ in the heading and

inserting in lieu thereof ‘‘CHAPTER 1223’’; and
S. 2182—343

(ii) by striking out ‘‘section 1331’’ and inserting in

lieu thereof ‘‘section 12731’’.

(6) Section 1409(a)(1)(B) is amended by striking out ‘‘chapter

67’’ and inserting in lieu thereof ‘‘chapter 1223’’.

(7) Part II of subtitle A is amended by inserting after chapter

65 the following:

‘‘CHAPTER 67—RETIRED PAY FOR

NONREGULAR SERVICE

‘‘Sec.

‘‘1331. Reference to chapter 1223.

‘‘§ 1331. Reference to chapter 1223

‘‘Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section

12731).’’.

(8) Section 6034 is repealed.

(k) RETIRED GRADE.—(1) Part II of subtitle E, as added by subsection (a), is further amended by adding after chapter 1223

(as added by subsection (j)) the following:

‘‘CHAPTER 1225—RETIRED GRADE

‘‘Sec.

‘‘12771. Reserve officers: grade on transfer to Retired Reserve.

‘‘12772. Reserve commissioned officers who have served as Attending Physician to

the Congress: grade on transfer to Retired Reserve.

‘‘12773. Limitation on accrual of increased pay or benefits.

‘‘12774. Retired lists.

‘‘§ 12771. Reserve officers: grade on transfer to Retired

Reserve

‘‘Unless entitled to a higher grade under another provision

of law, a reserve commissioned officer, other than a commissioned

warrant officer, who is transferred to the Retired Reserve is entitled

to be placed on the retired list established by section 12774(a)

of this title in the highest grade in which he served satisfactorily,

as determined by the Secretary concerned and in accordance with

section 1370(d), in the armed force in which he is serving on

the date of transfer.

‘‘§ 12772. Reserve commissioned officers who have served as

Attending Physician to the Congress: grade on

transfer to Retired Reserve

‘‘Unless entitled to a higher grade under another provision

of law, a reserve commissioned officer who is transferred to the

Retired Reserve after having served in the position of Attending

Physician to the Congress is entitled to be placed on the retired

list established by section 12774(a) of this title in the grade held

by the officer while serving in that position.

‘‘§ 12773. Limitation on accrual of increased pay or benefits

‘‘Unless otherwise provided by law, no person is entitled to

increased pay or other benefits because of sections 12771 and 12772

of this title.
S. 2182—344

‘‘§ 12774. Retired lists

‘‘(a) Under regulations prescribed by the Secretary concerned,

there shall be maintained retired lists containing the names of

the Reserves of the armed forces under the Secretary’s jurisdiction

who are in the Retired Reserve.

‘‘(b) The Secretary of the Navy shall maintain a United States

Naval Reserve Retired List containing the names of members of

the Naval Reserve and the Marine Corps Reserve entitled to retired

pay.’’.

(2) Sections 1374 and 6017 are repealed.

(3)(A) Section 1376 is amended—

(i) by striking out subsection (a); and

(ii) by striking out ‘‘(b)’’ before ‘‘The Secretary concerned’’.

(B) The heading of that section is amended to read as follows:

‘‘§ 1376. Temporary disability retired lists’’.

SEC. 1663. LAWS RELATING TO RESERVE COMPONENT TRAINING AND

EDUCATIONAL ASSISTANCE PROGRAMS.

(a) TRAINING GENERALLY.—Subtitle E, as added by section 1611,

is amended by adding after part III of such subtitle (as added

by that section) the following:

‘‘PART IV—TRAINING FOR RESERVE COMPONENTS AND

EDUCATIONAL ASSISTANCE PROGRAMS

‘‘Chap. Sec.

‘‘1601. Training Generally .................................................................... [No present

sections]

‘‘1606. Educational Assistance for Members of the Selected Reserve ............... 16131

‘‘1608. Health Professions Stipend Program ....................................................... 16201

‘‘1609. Education Loan Repayments .................................................................... 16301

‘‘CHAPTER 1601—TRAINING GENERALLY

‘‘[No present sections]’’.

(b) MONTGOMERY GI BILL FOR SELECTED RESERVE.—(1) Part

IV of subtitle E (as added by subsection (a)) is amended by adding

at the end the following:

‘‘CHAPTER 1606—EDUCATIONAL ASSISTANCE

FOR MEMBERS OF THE SELECTED RESERVE

‘‘Sec.

‘‘16131. Educational assistance program: establishment; amount. ‘‘16132. Eligibility for educational assistance. ‘‘16133. Time limitations for use of entitlement.

‘‘16134. Termination of assistance.

‘‘16135. Failure to participate satisfactorily; penalties. ‘‘16136. Administration of program. ‘‘16137. Reports to Congress.’’.

(2) Sections 2131 through 2137 are transferred to chapter 1606, as added by paragraph (1), inserted after the table of sections,

and redesignated as follows: Redesignated

Section section

2131 ................................................................................................. 16131

2132 ................................................................................................. 16132

2133 ................................................................................................. 16133

2134 ................................................................................................. 16134
S. 2182—345

2135 ................................................................................................. 16135

2136 ................................................................................................. 16136

2137 ................................................................................................. 16137

(3) Section 16131 (as so redesignated) is amended—

(A) in subsection (c)(3)(B)(i), by striking out ‘‘section 672

(a), (d), or (g), 673, or 673b’’ and inserting in lieu thereof

‘‘section 12301(a), 12301(d), 12301(g), 12302, or 12304’’; and

(B) in subsection (g)(1), by striking out ‘‘section 2136(c)’’

and inserting in lieu thereof ‘‘section 16136(c)’’.

(4) Section 16132 (as so redesignated) is amended—

(A) in subsection (a), by striking out ‘‘section 2131’’ and

inserting in lieu thereof ‘‘section 16131’’; and

(B) in subsection (c), by striking out ‘‘sections 2134 and

2135’’ and inserting in lieu thereof ‘‘section 16134 and 16135’’.

(5) Section 16133 (as so redesignated) is amended—

(A) in subsection (b)(1)(B), by striking out ‘‘section 268(b)’’

and inserting in lieu thereof ‘‘section 10143(a)’’; and

(B) in subsection (b)(4)(A), by striking out ‘‘section 672

(a), (d), or (g), 673, or 673b’’ and inserting in lieu thereof

‘‘section 12301(a), 12301(d), 12301(g), 12302, or 12304’’.

(6) Section 16135 (as so redesignated) is amended—

(A) by striking out ‘‘section 2132’’ in subsection (a)(1)(A)

and inserting in lieu thereof ‘‘section 16132’’; and

(B) by striking out ‘‘section 2132(a)’’ in subsection (b)(1)(A)

and inserting in lieu thereof ‘‘section 16132(a)’’.

(7) Chapter 106 is amended by striking out the table of sections

at the beginning and inserting in lieu thereof the following:

‘‘Sec.

‘‘2131. Reference to chapter 1606.

‘‘2138. Savings provision.

‘‘§ 2131. Reference to chapter 1606

‘‘Provisions of law relating to educational assistance for members of the Selected Reserve under the Montgomery GI Bill program

are set forth in chapter 1606 of this title (beginning with section

16131).’’.

(c) HEALTH PROFESSIONS STIPEND PROGRAM.—(1) Part IV of

subtitle E (as added by subsection (a)) is amended by adding after

chapter 1606 (as added by subsection (b)) the following:

‘‘CHAPTER 1608—HEALTH PROFESSIONS

STIPEND PROGRAM

‘‘Sec.

‘‘16201. Financial assistance: health-care professionals in reserve components.

‘‘16202. Reserve service: required active duty for training.

‘‘16203. Penalties and limitations.

‘‘16204. Regulations.

‘‘§ 16204. Regulations

‘‘This chapter shall be administered under regulations prescribed by the Secretary of Defense.’’.

(2) Section 2128 is transferred to chapter 1608, as added by

paragraph (1), inserted after the table of sections, redesignated

as section 16201, and amended by striking out subsection (f).

(3) Section 2129 is transferred to chapter 1608, as added by

paragraph (1), inserted after section 16201 (as transferred and

redesignated by paragraph (2)), and redesignated as section 16202.
S. 2182—346

(4)(A) Section 2130 is transferred to chapter 1608, as added

by paragraph (1), inserted after section 16202 (as transferred and

redesignated by paragraph (3)), redesignated as section 16203, and

amended by striking out subsection (c).

(B) The heading of that section is amended to read as follows:

‘‘§ 16203. Penalties and limitations’’.

(5) Section 16201, as so redesignated, is amended by striking

out ‘‘subchapter’’ each place it appears and inserting in lieu thereof

‘‘chapter’’.

(6) Section 16202, as so redesignated, is amended by striking

out ‘‘section 2128’’ both places it appears and inserting in lieu

thereof ‘‘section 16201’’.

(7) Chapter 105 is amended—

(A) in the table of subchapters before subchapter I—

(i) by striking out the item relating to subchapter

II; and

(ii) by redesignating the item relating to subchapter

III so as to refer to subchapter II;

(B) by striking out the heading for subchapter II and the

table of sections following that heading; and

(C) by redesignating subchapter III as subchapter II.

(d) EDUCATION LOAN REPAYMENT PROGRAMS.—(1) Part IV of

subtitle E (as added by subsection (a)) is amended by adding after

chapter 1608 (as added by subsection (c)) the following:

‘‘CHAPTER 1609—EDUCATION LOAN

REPAYMENT PROGRAMS

‘‘Sec.

‘‘16301. Education loan repayment program: enlisted members of Selected Reserve

with critical specialties.

‘‘16302. Education loan repayment program: health professions officers serving in

Selected Reserve with wartime critical medical skill shortages.

‘‘§ 16301. Education loan repayment program: enlisted members of Selected Reserve with critical specialties

‘‘(a)(1) Subject to the provisions of this section, the Secretary

of Defense may repay— ‘‘(A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C.

1071 et seq.); or

‘‘(B) any loan made under part E of such title (20 U.S.C. 1087aa et seq.).

Repayment of any such loan shall be made on the basis of each

complete year of service performed by the borrower.

‘‘(2) The Secretary may repay loans described in paragraph

(1) in the case of any person for service performed as an enlisted

member of the Selected Reserve of the Ready Reserve of an armed

force in a reserve component and military specialty specified by

the Secretary of Defense. The Secretary may repay such a loan

only if the person to whom the loan was made performed such

service after the loan was made.

‘‘(b) The portion or amount of a loan that may be repaid

under subsection (a) is 15 percent or $500, whichever is greater,

for each year of service.
S. 2182—347

‘‘(c) If a portion of a loan is repaid under this section for

any year, interest on the remainder of the loan shall accrue and

be paid in the same manner as is otherwise required.

‘‘(d) Nothing in this section shall be construed to authorize

refunding any repayment of a loan.

‘‘(e) A person who transfers from service making the person

eligible for repayment of loans under this section (as described

in subsection (a)(2)) to service making the person eligible for repayment of loans under section 2171 of this title (as described in

subsection (a)(2) of that section) during a year shall be eligible

to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served,

in accordance with regulations of the Secretary concerned.

‘‘(f) The Secretary of Defense shall, by regulation, prescribe

a schedule for the allocation of funds made available to carry

out the provisions of this section and section 2171 of this title

during any year for which funds are not sufficient to pay the

sum of the amounts eligible for repayment under subsection (a)

and section 2171(a) of this title.’’.

(2)(A) Section 2172 is transferred to the end of chapter 1609,

as added by paragraph (1), and redesignated as section 16302.

(B) The heading of such section is amended to read as follows:

‘‘§ 16302. Education loan repayment program: health professions officers serving in Selected Reserve with

wartime critical medical skill shortages’’.

(e) CONFORMING AMENDMENTS.—Section 2171 is amended as

follows:

(1) Subsection (a)(1)(B) is amended by striking out ‘‘or’’

after ‘‘(B)’’.

(2) Subsection (a)(2) is amended—

(A) in the first sentence, by striking out ‘‘person for—

’’ and all that follows through ‘‘(B) service performed’’ and

inserting in lieu thereof ‘‘person for service performed’’;

and

(B) by striking out the second sentence.

(3) Subsection (b) is amended to read as follows:

‘‘(b) The portion or amount of a loan that may be repaid

under subsection (a) is 331⁄3 percent or $1,500, whichever is greater,

for each year of service.’’.

(4) Subsection (e) is amended by striking out ‘‘Any individual who transfers from service described in clause (A) or (B)

of subsection (a)(2) to service described in the other clause

of such subsection’’ and inserting in lieu thereof ‘‘A person

who transfers from service making the person eligible for repayment of loans under this section (as described in subsection

(a)(2)) to service making the person eligible for repayment

of loans under section 16301 of this title (as described in subsection (a)(2) of that section)’’.

(5) Subsection (f) is amended—

(A) by inserting ‘‘and section 16301 of this title’’ after

‘‘this section’’; and

(B) by inserting ‘‘and section 16301(a) of this title’’

after ‘‘subsection (a)’’.

(6) The heading of such section is amended to read as

follows:
S. 2182—348

‘‘§ 2171. Education loan repayment program: enlisted mem- bers on active duty in specified military specialties’’.

SEC. 1664. LAWS RELATING TO RESERVE COMPONENT PROCUREMENT

AND EQUIPMENT.

(a) ADDITION OF NEW PART.—(1) Subtitle E, as added by section 1611, is amended by adding after part IV of such subtitle (as

added by section 1663) the following:

‘‘PART V—SERVICE, SUPPLY, AND PROCUREMENT

‘‘Chap. Sec.

‘‘1801. Issue of Serviceable Material to Reserve Components ........... [No present

sections]

‘‘1803. Facilities for Reserve Components ........................................................... 18231

‘‘1805. Miscellaneous Provisions ........................................................................... 18501

‘‘CHAPTER 1801—ISSUE OF SERVICEABLE

MATERIAL TO RESERVE COMPONENTS

‘‘[No present sections]’’.

(b) FACILITIES FOR RESERVE COMPONENTS.—(1) Chapter 133

is transferred to the end of part V of subtitle E, as added by

subsection (a), and redesignated as chapter 1803.

(2) The sections of that chapter are redesignated as follows:

Redesignated

Section section

2231 ................................................................................................. 18231

2232 ................................................................................................. 18232

2233 ................................................................................................. 18233

2233a ............................................................................................... 18233a

2234 ................................................................................................. 18234

2235 ................................................................................................. 18235

2236 ................................................................................................. 18236

2237 ................................................................................................. 18237

2238 ................................................................................................. 18238

2239 ................................................................................................. 18239

(3) The items in the table of sections at the beginning of

such chapter are revised to reflect the redesignations made by

paragraph (2). (4) Section 18233 (as redesignated by paragraph (2)) is amended

by striking out ‘‘sections 2233a, 2234, 2235, 2236, and 2238’’ in

subsection (a) and inserting in lieu thereof ‘‘sections 18233a, 18234,

18235, 18236, and 18238’’.

(5) Section 18233a (as redesignated by paragraph (2)) is amended—

(A) in subsection (a), by striking out ‘‘section 2233’’ and

inserting in lieu thereof ‘‘section 18233’’; and

(B) in subsection (b), by striking out ‘‘section 2233(a)’’ and

inserting in lieu thereof ‘‘section 18233(a)’’.

(6) Section 18234 (as redesignated by paragraph (2)) is amended

by striking out ‘‘section 2233’’ and inserting in lieu thereof ‘‘section

18233’’.

(7) Section 18235 (as redesignated by paragraph (2)) is amended

by striking out ‘‘section 2233(a)(1)’’ in subsection (a)(1) and inserting

in lieu thereof ‘‘section 18233’’.

(8) Section 18236 (as redesignated by paragraph (2)) is amended—
S. 2182—349

(A) in subsection (a)—

(i) by striking out ‘‘section 2233’’ in the first sentence

and inserting in lieu thereof ‘‘section 18233’’; and

(ii) by striking out ‘‘section 2233(a)(3) or (4)’’ in the

second sentence and inserting in lieu thereof ‘‘paragraph

(3) or (4) of section 18233(a)’’;

(B) in subsection (b)—

(i) by striking out ‘‘clause (4) or (5) of section 2233(a)’’

in the matter preceding paragraph (1) and inserting in

lieu thereof ‘‘paragraph (4) or (5) of section 18233(a)’’; and

(ii) by striking out ‘‘section 2233(e)’’ in paragraph (2)

and inserting in lieu thereof ‘‘section 18233(e)’’; and

(C) in subsection (c), by striking out ‘‘section 2233’’ and

inserting in lieu thereof ‘‘section 18233’’.

(9) Section 18237 (as redesignated by paragraph (2)) is amended—

(A) in subsection (a), by striking out ‘‘section 2233(a)(2),

(3) and (4)’’ and inserting in lieu thereof ‘‘paragraph (2), (3),

or (4) of section 18233(a)’’; and

(B) in subsection (b), by striking out ‘‘section 2233(a)(2),

(3) or (4)’’ and inserting in lieu thereof ‘‘paragraph (2), (3),

or (4) of section 18233(a)’’.

(10) Section 18239 (as redesignated by paragraph (2)) is amended by striking out ‘‘section 2233’’ both places it appears and inserting in lieu thereof ‘‘section 18233’’.

(11) Part IV of subtitle A is amended by inserting after chapter

131 the following:

‘‘CHAPTER 133—FACILITIES FOR RESERVE

COMPONENTS

‘‘Sec.

‘‘2231. Reference to chapter 1803.

‘‘§ 2231. Reference to chapter 1803

‘‘Provisions of law relating to facilities for reserve components are set forth in chapter 1803 of this title (beginning with section

18231).’’.

(c) MISCELLANEOUS PROVISIONS.—(1) Part V of subtitle E, as

added by subsection (a), is amended by adding after chapter 1803,

as transferred by subsection (b), the following:

‘‘CHAPTER 1805—MISCELLANEOUS

PROVISIONS

‘‘Sec.

‘‘18501. Reserve components: personnel and logistic support by military departments.

‘‘18502. Reserve components: supplies, services, and facilities.

‘‘§ 18501. Reserve components: personnel and logistic support

by military departments

‘‘The Secretary concerned is responsible for providing the

personnel, equipment, facilities, and other general logistic support

necessary to enable units and Reserves in the Ready Reserve of

the reserve components under his jurisdiction to satisfy the training

requirements and mobilization readiness requirements for those

units and Reserves as recommended by the Secretary concerned
S. 2182—350

and by the Chairman of the Joint Chiefs of Staff and approved

by the Secretary of Defense, and as recommended by the Commandant of the Coast Guard and approved by the Secretary of

Transportation when the Coast Guard is not operated as a service

of the Navy.

‘‘§ 18502. Reserve components: supplies, services, and facilities

‘‘(a) The Secretary concerned shall make available to the reserve

components under his jurisdiction the supplies, services, and facilities of the armed forces under his jurisdiction that he considers

necessary to support and develop those components.

‘‘(b) Whenever he finds it to be in the best interest of the

United States, the Secretary concerned may issue supplies of the

armed forces under his jurisdiction to the reserve components under

his jurisdiction, without charge to the appropriations for those

components for the cost or value of the supplies or for any related

expense.

‘‘(c) Whenever he finds it to be in the best interest of the

United States, the Secretary of the Army or the Secretary of the

Air Force may issue to the Army National Guard or the Air National

Guard, as the case may be, supplies of the armed forces under

his jurisdiction that are in addition to supplies issued to that

National Guard under section 702 of title 32 or charged against

its appropriations under section 106 or 107 of title 32, without

charge to the appropriations for those components for the cost

or value of the supplies or for any related expense.

‘‘(d) Supplies issued under subsection (b) or (c) may be

repossessed or redistributed as prescribed by the Secretary concerned.’’.

(2) Section 2540 is repealed.

SEC. 1665. LEGISLATIVE CONSTRUCTION.

(a) REFERENCES TO TRANSFERRED OR REPLACED PROVISIONS.—

A reference to a provision of title 10, United States Code, transferred or replaced by the provisions of sections 1661 through 1664

(including a reference in a regulation, order, or other law) shall

be treated as referring to that provision as transferred or to the

corresponding provision as so enacted by this subtitle.

(b) SAVINGS PROVISION FOR REGULATIONS.—A regulation, rule,

or order in effect under a provision of title 10, United States

Code, replaced by a provision of that title enacted by sections

1661 through 1664 shall continue in effect under the corresponding

provision so enacted until repealed, amended, or superseded.

(c) GENERAL SAVINGS PROVISION.—An action taken, or a right

that matured, under a provision of title 10, United States Code,

replaced by a provision of that title enacted by sections 1661 through

1664 shall be treated as having been taken, or having matured,

under the corresponding provision so enacted.
S. 2182—351

Subtitle D—Technical and Clerical

Amendments

SEC. 1671. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES

CODE.

(a) TABLE OF SUBTITLES.—The table of subtitles preceding subtitle A is amended by adding at the end the following new item:

‘‘E. Reserve Components ...................................................................................10001’’.

(b) TABLES OF SECTIONS.—

(1) The table of sections at the beginning of chapter 2

is amended by striking out the item relating to section 115b.

(2) The table of sections at the beginning of chapter 3

is amended by striking out the item relating to section 123

and inserting in lieu thereof the following:

‘‘123. Authority to suspend officer personnel laws during war or national emergency.’’.

(3) The table of sections at the beginning of chapter 31

is amended by striking out the items relating to sections 510,

511, 512, and 517.

(4) The table of sections at the beginning of chapter 32

is amended—

(A) by striking out the item relating to section 524;

and

(B) by striking out ‘‘524,’’ in the item relating to section

527.

(5) The table of sections at the beginning of subchapter

V of chapter 36 is amended by striking out the item relating

to section 644.

(6) The table of sections at the beginning of chapter 37

is amended by striking out the item relating to section 652.

(7) The table of sections at the beginning of chapter 39

is amended—

(A) by striking out the item relating to section 672

and inserting in lieu thereof the following:

‘‘672. Reference to chapter 1209.’’;

and

(B) by striking out the items relating to sections 673

through 686 and section 689.

(8) The table of sections at the beginning of chapter 41

is amended by striking out the item relating to section 715.

(9) The table of sections at the beginning of chapter 53

is amended by striking out the item relating to section 1033. (10) The table of sections at the beginning of chapter 59

is amended by striking out the items relating to sections 1162

and 1163.

(11) The table of sections at the beginning of chapter 69

is amended—

(A) by striking out the item relating to section 1374;

and

(B) by striking out the item relating to section 1376

and inserting in lieu thereof the following:

‘‘1376. Temporary disability retired lists.’’.
S. 2182—352

(12) The table of sections at the beginning of chapter 101 is amended by striking out the item relating to section 2001. (13) The table of sections at the beginning of chapter 109 is amended by striking out the items relating to sections 2171

and 2172 and inserting in lieu thereof the following:

‘‘2171. Education loan repayment program: enlisted members on active duty in specified military specialties.’’.

(14) The table of sections at the beginning of subchapter I of chapter 152 is amended by striking out the item relating

to section 2540.

(c) CROSS-REFERENCE AMENDMENTS.— (1) Section 101(a)(13) is amended by striking out ‘‘672(a), 673, 673b, 673c, 688, 3500, or 8500’’ and inserting in lieu

thereof ‘‘688, 12301(a), 12302, 12304, 12305, or 12406’’.

(2) Section 113(c)(3) is amended by striking out ‘‘chapters 51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title,

as far as they apply to reserve officers’’ and inserting in lieu

thereof ‘‘chapters 1219 and 1401 through 1411 of this title’’. (3) Section 523(b)(1) is amended—

(A) in subparagraph (B), by striking out ‘‘section 265’’ and all that follows through ‘‘of this title’’ and inserting

in lieu thereof ‘‘section 10211, 10302 through 10305, or

12402 of this title’’;

(B) in subparagraph (C), by striking out ‘‘section 672(d)’’ and inserting in lieu thereof ‘‘section 12301(d)’’;

and

(C) in subparagraph (E), by striking out ‘‘section 673b’’ and inserting in lieu thereof ‘‘section 12304’’.

(4) Section 527 is amended by striking out ‘‘524,’’ in the text and in the heading. (5) Section 641(1) is amended—

(A) in subparagraph (B), by striking out ‘‘section 175’’ and all that follows through ‘‘of this title’’ and inserting

in lieu thereof ‘‘section 3038, 8038, 10211, 10301 through

10305, 10501, or 12402 of this title’’;

(B) in subparagraph (C), by striking out ‘‘section

672(d)’’ and inserting in lieu thereof ‘‘section 12301(d)’’;

and

(C) in subparagraph (E), by striking out ‘‘section 673b’’

and inserting in lieu thereof ‘‘section 12304’’.

(6) Sections 1201, 1202, and 1203 are each amended by

striking out ‘‘section 270(b)’’ and inserting in lieu thereof ‘‘section 10148(a)’’.

(7)(A) Section 1076(b)(2)(A) is amended by striking out

‘‘under chapter 67 of this title’’ and inserting in lieu thereof

‘‘under chapter 1223 of this title (or under chapter 67 of this

title as in effect before the effective date of the Reserve Officer

Personnel Management Act)’’. (B) Section 1370(a)(1) is amended by striking out ‘‘chapter

67’’ and inserting in lieu thereof ‘‘chapter 1223’’. (8) Section 1482(f)(2) is amended by striking out ‘‘section

1332’’ and ‘‘section 1331’’ and inserting in lieu thereof ‘‘section

12732’’ and ‘‘12731’’, respectively.

(d) SURVIVOR BENEFIT PLAN.—Subchapter II of chapter 73 is

amended as follows:

(1) Section 1447(14) is amended by striking out ‘‘chapter

67 of this title’’ and inserting in lieu thereof ‘‘chapter 1223
S. 2182—353

of this title (or under chapter 67 of this title as in effect

before the effective date of the Reserve Officer Personnel

Management Act)’’.

(2) The following provisions are amended by striking out

‘‘section 1331(d)’’ and inserting in lieu thereof ‘‘section

12731(d)’’: sections 1447(2)(C), 1448(a)(2)(B), 1448(f)(1)(A), and

1448(f)(1)(B).

SEC. 1672. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNITED STATES

CODE.

(a) TABLES OF CHAPTERS.—The table of chapters at the beginning of subtitle B, and the table of chapters at the beginning

of part II of that subtitle, are each amended by striking out the

items relating to chapters 337, 361, and 363.

(b) TABLES OF SECTIONS.—

(1) The table of sections at the beginning of chapter 307

is amended by striking out the items relating to section 3076

through 3080 and section 3082.

(2) The table of sections at the beginning of chapter 331

is amended by striking out the items relating to section 3212

and sections 3217 through 3225.

(3) The table of sections at the beginning of chapter 333

is amended by striking out the items relating to sections 3259,

3260, and 3261.

(4) The table of sections at the beginning of chapter 341

is amended by striking out the items relating to sections 3495

through 3502.

(5) The table of sections at the beginning of chapter 343

is amended by striking out the items relating to sections 3541

and 3542.

(6) The table of sections at the beginning of chapter 353

is amended by striking out the item relating to section 3686.

(c) CROSS REFERENCE AMENDMENTS.—

(1) Section 3038(b) is amended by striking out ‘‘section

265’’ and inserting in lieu thereof ‘‘section 10211’’.

(2) Section 3961(a) is amended by striking out ‘‘chapter

67’’ and inserting in lieu thereof ‘‘chapter 1223’’.

(3) Section 4342(b)(1)(B) is amended by striking out ‘‘section

1331 of this title’’ and inserting in lieu thereof ‘‘section 12731

of this title (or under section 1331 of this title as in effect

before the effective date of the Reserve Officer Personnel

Management Act)’’.

SEC. 1673. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNITED STATES

CODE.

(a) TABLES OF CHAPTERS.—

(1) The table of chapters at the beginning of subtitle C

is amended by striking out the items relating to chapters 519,

531, 541, and 549.

(2) The table of chapters at the beginning of part I of

subtitle C is amended by striking out the item relating to

chapter 519.

(3) The table of chapters at the beginning of part II of

subtitle C is amended by striking out the items relating to

chapters 531, 541, and 549.

(b) TABLES OF SECTIONS.—
S. 2182—354

(1) The table of sections at the beginning of chapter 533

is amended by striking out the items relating to sections 5456,

5457, and 5458.

(2) The table of sections at the beginning of chapter 539

is amended by striking out the item relating to section 5600.

(3) The table of sections at the beginning of chapter 555

is amended by striking out the items relating to sections 6017

and 6034.

(4) The table of sections at the beginning of chapter 573

is amended by striking out the items relating to sections 6391,

6392, 6397, 6403, and 6410.

(c) CROSS REFERENCE AMENDMENTS.—

(1) Section 6389(a) is amended by striking out ‘‘section

1005’’ and inserting in lieu thereof ‘‘section 12645’’.

(2) Section 6954(b)(1)(B) is amended by striking out ‘‘section

1331 of this title’’ and inserting in lieu thereof ‘‘section 12731

of this title (or under section 1331 of this title as in effect

before the effective date of the Reserve Officer Personnel

Management Act)’’.

(d) REPEAL OF SECTION REDUNDANT WITH SECTION 741.—

(1) Section 5506 is repealed.

(2) The table of sections at the beginning of chapter 535

is amended by striking out the item relating to section 5506.

SEC. 1674. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNITED STATES

CODE.

(a) TABLES OF CHAPTERS.—The table of chapters at the beginning of subtitle D, and the table of chapters at the beginning

of part II of that subtitle, are each amended by striking out the

items relating to chapters 837 and 863.

(b) TABLES OF SECTIONS.—

(1) The table of sections at the beginning of chapter 807

is amended by striking out the items relating to sections 8076

through 8080.

(2) The table of sections at the beginning of chapter 831

is amended by striking out the items relating to section 8212

and sections 8217 through 8225.

(3) The table of sections at the beginning of chapter 833

is amended by striking out the items relating to sections 8259,

8260, and 8261.

(4) The table of sections at the beginning of chapter 841

is amended by striking out the items relating to sections 8495

through 8502.

(5) The table of sections at the beginning of chapter 843

is amended by striking out the items relating to sections 8541

and 8542.

(6) The table of sections at the beginning of chapter 853

is amended by striking out the item relating to section 8686.

(7) The table of sections at the beginning of chapter 861

is amended by striking out the items relating to sections 8819

and 8820.

(c) CROSS REFERENCE AMENDMENTS.—

(1) Section 8038(b) is amended by striking out ‘‘section

265’’ and inserting in lieu thereof ‘‘section 10211’’.

(2) Section 8961(a) is amended by striking out ‘‘chapter

67’’ and inserting in lieu thereof ‘‘chapter 1223’’.
S. 2182—355

(3) Section 9342(b)(1)(B) is amended by striking out ‘‘section

1331 of this title’’ and inserting in lieu thereof ‘‘section 12731

of this title (or under section 1331 of this title as in effect

before the effective date of the Reserve Officer Personnel

Management Act)’’.

SEC. 1675. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNITED STATES

CODE.

(a) CHAPTER 1203.—Section 12102 (as transferred and redesignated by section 1662(b)(2)) is amended by striking out ‘‘section

3261 or 8261’’ in subsection (a) and inserting in lieu thereof ‘‘section

12107’’.

(b) CHAPTER 1205.—Sections of chapter 1205 (as transferred

and redesignated by section 1662(c)(2)) are amended as follows:

(1) Section 12203 is amended by striking out ‘‘3352, or

8352’’ in subsection (a) and inserting in lieu thereof ‘‘12213,

or 12214’’.

(2) Sections 12213 and 12214 are amended by striking

out ‘‘or Territory, Puerto Rico, or the District of Columbia,

whichever is’’ in subsection (a).

(c) CHAPTER 1209.—Sections of chapter 1209 (as transferred

and redesignated by section 1662(e)(2)) are amended as follows:

(1) Section 12301 is amended—

(A) in subsection (b), by striking out ‘‘or Territory’’

and all that follows through the period at the end and

inserting in lieu thereof ‘‘(or, in the case of the District

of Columbia National Guard, the commanding general of

the District of Columbia National Guard).’’; and

(B) in subsection (d), by striking out ‘‘or Territory,

Puerto Rico, or the District of Columbia, whichever is’’.

(2) Section 12304 is amended—

(A) by striking out ‘‘section 673(a)’’ in subsection (a)

and inserting in lieu thereof ‘‘section 12302(a)’’;

(B) by striking out ‘‘section 268(b)’’ in subsection (a)

and inserting in lieu thereof ‘‘section 10143(a)’’; and

(C) by striking out ‘‘section 3500 or 8500’’ in subsection

(b) and inserting in lieu thereof ‘‘section 12406’’.

(3) Section 12305 is amended by striking out ‘‘section 672,

673, or 673b’’ in subsections (a) and (b) and inserting in lieu

thereof ‘‘section 12301, 12302, or 12304’’.

(4) Section 12306 is amended by striking out ‘‘section 672’’

in subsection (a) and inserting in lieu thereof ‘‘section 12301’’.

(5) Section 12307 is amended by striking out ‘‘section 672(a)

or 688’’, ‘‘section 1001(b)’’, and ‘‘chapter 67’’ and inserting in

lieu thereof ‘‘section 688 or 12301(a)’’, ‘‘section 12641(b)’’, and

‘‘chapter 1223’’, respectively.

(6) Section 12308 is amended by striking out ‘‘chapter

67’’ and ‘‘section 1332(b)’’ and inserting in lieu thereof ‘‘chapter

1223’’ and ‘‘section 12732(b)’’, respectively.

(7) Section 12310 is amended by striking out ‘‘section

672(d)’’ in subsection (a) and inserting in lieu thereof ‘‘section

12301(d)’’.

(8) Section 12312 is amended by striking out ‘‘section

679(a)’’ in subsections (a) and (b) and inserting in lieu thereof

‘‘section 12311(a)’’.

(9) Section 12318 is amended—
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(A) by striking out ‘‘section 673 or 673b’’ in subsections

(a) and (b) and inserting in lieu thereof ‘‘section 12302

or 12304’’; and

(B) by striking out ‘‘section 678’’ in subsection (b) and

inserting in lieu thereof ‘‘section 12310’’.

(10) Section 12319(d) is amended by striking out ‘‘chapter

67’’ and inserting in lieu thereof ‘‘chapter 1223’’.

(11) Section 12320 is amended by striking out ‘‘section

3353, 5600, or 8353’’ and inserting in lieu thereof ‘‘section

12207’’.

(d) CHAPTER 1219.—Sections of chapter 1219 (as transferred

and redesignated by section 1662(h)) are amended as follows:

(1) Section 12642 is amended—

(A) by striking out ‘‘section 1332(a)(2)’’ in subsection

(a) and inserting in lieu thereof ‘‘section 12732(a)(2)’’; and

(B) by striking out ‘‘section 1005’’ in subsection (b)

and inserting in lieu thereof ‘‘section 12645’’.

(2) Section 12645 is amended by striking out ‘‘chapter

337, 361, 363, 573, 837, 861, or 863’’ in subsection (a) and

inserting in lieu thereof ‘‘chapter 573, 1407, 1409, or 1411’’.

(3) Section 12646 is amended—

(A) by striking out ‘‘section 1332’’ each place it appears

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

‘‘section 12732’’;

(B) by striking out ‘‘chapter 337, 361, 363, 573, 837,

861, or 863’’ in subsections (a) and (b) and inserting in

lieu thereof ‘‘chapter 573, 1407, or 1409’’; and

(C) by striking out subsection (e) and inserting in lieu

thereof the following:

‘‘(e)(1) A reserve commissioned officer on active duty (other

than for training) or full-time National Guard duty (other than

full-time National Guard duty for training only) who, on the date

on which the officer would otherwise be removed from an active

status under section 6389, 14513, or 14514 of this title or section

740 of title 14, is within two years of qualifying for retirement

under section 3911, 6323, or 8911 of this title may, in the discretion

of the Secretary concerned and subject to paragraph (2), be retained

on that duty for a period of not more than two years.

‘‘(2) An officer may be retained on active duty or full-time

National Guard duty under paragraph (1) only if—

‘‘(A) at the end of the period for which the officer is retained

the officer will be qualified for retirement under section 3911,

6323, or 8911 of this title; and

‘‘(B) the officer will not, before the end of that period,

reach the age at which transfer from an active status or discharge is required by this title or title 14.

‘‘(3) An officer who is retained on active duty or full-time

National Guard duty under this section may not be removed from

an active status while on that duty.’’.

(4) Section 12647 is amended by striking out ‘‘chapters

337, 363, 573, 837, and 863’’ and inserting in lieu thereof

‘‘chapters 573, 1407, and 1409’’.

SEC. 1676. AMENDMENTS TO TITLES 32 AND 37, UNITED STATES CODE.

(a) TITLE 32, UNITED STATES CODE.—Title 32, United States

Code, is amended as follows:
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(1) Section 107(c) is amended by striking out ‘‘section 3496

or 8496’’ and inserting in lieu thereof ‘‘section 12402’’.

(2) Section 307(a)(3) is amended by striking out ‘‘and sections 8365 and 8366 of title 10’’.

(3) Section 323(c) is amended by striking out ‘‘section 3259,

3352(a), 8259, or 8352(a)’’ and inserting in lieu thereof ‘‘section

12105, 12213(a), or 12214(a)’’.

(4) The items relating to sections 309 and 310 in the

table of sections at the beginning of chapter 3 are amended

to read as follows:

‘‘309. Federal recognition of National Guard officers: officers promoted to fill vacancies.

‘‘310. Federal recognition of National Guard officers: automatic recognition.’’.

(b) TITLE 37, UNITED STATES CODE.—Title 37, United States

Code, is amended as follows:

(1) Section 204(a)(2) is amended by striking out ‘‘section

3021, 3496, 3541, 8021, 8496, or 8541’’ and inserting in lieu

thereof ‘‘section 10302, 10305, 10502, or 12402’’.

(2) Section 205(e)(2) is amended—

(A) by striking out ‘‘section 511(b) or 511(d)’’ in subparagraph (A) and inserting in lieu thereof ‘‘section

12103(b) or 12103(d)’’; and

(B) by striking out ‘‘chapter 39’’ in subparagraph (B)

and inserting in lieu thereof ‘‘chapter 1209’’.

(3) Section 905 is amended—

(A) by striking out ‘‘chapter 549’’ in subsection (a)

and inserting in lieu thereof ‘‘chapter 1405’’; and (B) by striking out ‘‘section 5908’’ in subsection (b)

and inserting in lieu thereof ‘‘section 14308(b)’’.

SEC. 1677. AMENDMENTS TO OTHER LAWS.

(a) TITLE 5, UNITED STATES CODE.—Title 5, United States

Code, is amended as follows:

(1) Section 5517(d)(2) is amended by striking out ‘‘section

270(a) of title 10’’ and inserting in lieu thereof ‘‘section 10147

of title 10’’.

(2) Section 6323(b) is amended—

(A) in paragraph (1), by striking out ‘‘section 261 of

title 10’’ and inserting in lieu thereof ‘‘section 10101 of

title 10’’; and

(B) in paragraph (2)(A), by striking out ‘‘3500, or 8500

of title 10’’ and inserting in lieu thereof ‘‘or 12406 of title

10’’.

(3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are amended

by striking out ‘‘chapter 67 of title 10’’ and inserting in lieu

thereof ‘‘chapter 1223 of title 10 (or under chapter 67 of that

title as in effect before the effective date of the Reserve Officer

Personnel Management Act)’’.

(4) Sections 8401(30) and 8456(a)(1)(A) are amended by

striking out ‘‘section 261(a) of title 10’’ and inserting in lieu

thereof ‘‘section 10101 of title 10’’.

(b) TITLE 14, UNITED STATES CODE.—Title 14, United States

Code, is amended as follows:

(1) Section 41a(a) is amended by striking out ‘‘section 679

of title 10’’ and inserting in lieu thereof ‘‘section 12311 of

title 10’’.
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(2) Section 271(e) is amended by striking out ‘‘section 593

of title 10’’ and inserting in lieu thereof ‘‘section 12203 of

title 10’’.

(3) Section 712(c)(1) is amended by striking out ‘‘section

270 of title 10’’ and inserting in lieu thereof ‘‘section 10147

of title 10’’.

(4) Section 713 is amended by striking out ‘‘section 511(d)

of title 10’’ and inserting in lieu thereof ‘‘section 12103(d) of

title 10’’.

(5) Sections 740(c) and 741(b) are amended by striking

out ‘‘section 1006 of title 10’’ and inserting in lieu thereof

‘‘section 12646 of title 10’’.

(c) INTERNAL REVENUE CODE OF 1986.—Section 219(g)(6)(A)

of the Internal Revenue Code of 1986 is amended by striking

out ‘‘section 261(a) of title 10’’ and inserting in lieu thereof ‘‘section

10101 of title 10’’.

(d) TITLE 38, UNITED STATES CODE.—Title 38, United States

Code, is amended as follows:

(1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are

amended by striking out ‘‘chapter 67 of title 10’’ and inserting

in lieu thereof ‘‘chapter 1223 of title 10 (or under chapter

67 of that title as in effect before the effective date of the

Reserve Officer Personnel Management Act)’’.

(2) Section 3002 is amended—

(A) in paragraph (4), by striking out ‘‘section 268(b)

of title 10’’ and inserting in lieu thereof ‘‘section 10143(a)

of title 10’’; and

(B) in paragraph (6), by striking out ‘‘section 511(d)

of title 10’’ and inserting in lieu thereof ‘‘section 12103(d)

of title 10’’.

(e) PUBLIC LAW 99–661.—Section 403(b)(1) of Public Law 99–

661 (10 U.S.C. 521 note) is amended—

(1) in subparagraph (B), by striking out ‘‘section 265’’ and

all that follows through ‘‘of title 10’’ and inserting in lieu

thereof ‘‘section 10148(a), 10211, 10302 through 10305,

12301(a), or 12402 of title 10’’;

(2) in subparagraph (C), by striking out ‘‘section 672(d)’’

and inserting in lieu thereof ‘‘section 12301(d)’’; and

(3) in subparagraph (E), by striking out ‘‘section 673b’’

and inserting in lieu thereof ‘‘section 12304’’.

(f) MILITARY SELECTIVE SERVICE ACT.—Section 6 of the Military

Selective Service Act (50 U.S.C. App. 456) is amended—

(1) in subsection (c)(2)(A), by striking out ‘‘section 270

of title 10’’ and inserting in lieu thereof ‘‘section 10147 of

title 10’’;

(2) in subsection (c)(2)(D), by striking out ‘‘section 511(b)

of title 10’’ and inserting in lieu thereof ‘‘section 12103 of

title 10’’; and

(3) in subsection (d)(1), by striking out ‘‘section 270(a) of

title 10’’ and inserting in lieu thereof ‘‘section 10147 of title

10’’.
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Subtitle E—Transition Provisions

SEC. 1681. CONTINUATION ON THE RESERVE ACTIVE-STATUS LIST OF

CERTAIN RESERVE COLONELS OF THE ARMY AND AIR

FORCE.

(a) CONTINUATION UNDER OLD LAW.—Except as provided in

subsection (b), a reserve officer of the Army or the Air Force

who, on the effective date of this title—

(1) is subject to placement on the reserve active-status

list of the Army or the Air Force; and

(2)(A) holds the reserve grade of colonel, (B) is on a list

of officers recommended for promotion to the reserve grade

of colonel, or (C) has been nominated by the President for

appointment in the reserve grade of colonel,

shall continue to be subject to mandatory transfer to the Retired

Reserve or discharge from the officer’s reserve appointment under

section 3851 or 8851 of title 10, United States Code, as in effect

on the day before the effective date of this title.

(b) EXEMPTION.—This section does not apply to an officer who

is—

(1) sooner transferred from an active status or discharged

under some other provision of law;

(2) promoted to a higher grade, unless the officer was

on a list of officers recommended for promotion to the reserve

grade of colonel before the effective date of this title; or

(3) continued on the reserve active-status list under section

14701 of title 10, United States Code, as added by this title.

SEC. 1682. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE

OF SELECTION FOR ARMY AND AIR FORCE OFFICERS.

(a) PROMOTIONS TO FILL VACANCIES.—A reserve commissioned

officer of the Army or Air Force (other than a commissioned warrant

officer) who, on the day before the effective date of this title,

is recommended for promotion to fill a vacancy in the Army Reserve

or the Air Force Reserve under section 3383, 3384, 8372, or 8373

of title 10, United States Code, as in effect on the day before

the effective date of this title, in the next higher reserve grade

shall be considered to have been recommended for promotion to

that grade by a vacancy promotion board under section 14101(a)(2)

of title 10, United States Code, as added by this title. (b) PROMOTIONS OTHER THAN TO FILL VACANCIES.—A reserve

officer of the Army or Air Force who, on the day before the effective

date of this title, is recommended for promotion under section

3366, 3367, 3370, 3371, 8366, or 8371 of title 10, United States

Code, as in effect on the day before the effective date of this

title, to a reserve grade higher than the grade in which the officer

is serving shall be considered to have been recommended for promotion by a mandatory promotion board convened under section

14101(a)(1) of title 10, United States Code, as added by this title.

(c) OFFICERS FOUND QUALIFIED FOR PROMOTION TO FIRST

LIEUTENANT.—A reserve officer of the Army or Air Force who,

on the effective date of this title, holds the grade of second lieutenant and has been found qualified for promotion to the grade of

first lieutenant in accordance with section 3365, 3382, or 8365

of title 10, United States Code, as in effect on the day before

the effective date of this title, shall be promoted to that grade
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on the date on which the officer would have been promoted under

the provisions of chapter 337 or 837 of such title, as in effect

on the day before the effective date of this title, unless sooner

promoted under regulations prescribed by the Secretary of the

Army or the Secretary of the Air Force under section 14308(b)

of title 10, United States Code, as added by this title.

(d) OFFICERS ONCE FAILED OF SELECTION.—(1) A reserve officer

of the Army in the grade of first lieutenant, captain, or major

who, on the day before the effective date of this title, has been

considered once but not recommended for promotion to the next

higher reserve grade under section 3366 or 3367 of title 10, United

States Code, or a reserve officer of the Air Force in the grade

of first lieutenant, captain, or major who, on the day before the

effective date of this title, is a deferred officer within the meaning

of section 8368 of such title, shall be considered to have been

considered once but not selected for promotion by a board convened

under section 14101(a)(1) of title 10, United States Code, as added

by this title. If the officer is later considered for promotion by

a selection board convened under that section and is not selected

for promotion (or is selected for promotion but declines to accept

the promotion), the officer shall be considered for all purposes

to have twice failed of selection for promotion.

(2) In the case of a reserve officer of the Army or Air Force

in an active status who, on the day before the effective date of

this title, is in the grade of first lieutenant, captain, or major

and whose name has been removed, under the provisions of section

3363(f) of title 10, United States Code, from a list of officers recommended for promotion or who has previously not been promoted

because the President declined to appoint the officer in the next

higher grade under section 8377 of such title as in effect on the

day before the effective date of this title, or whose name was

removed from a list of officers recommended for promotion to the

next higher grade because the Senate did not consent to the officer’s

appointment, if the officer is later considered for promotion by

a selection board convened by section 14101(a)(1) of title 10, United

States Code, as added by this title, and (A) is not selected for

promotion, (B) is selected for promotion but removed from the

list of officers recommended or approved for promotion, or (C)

is selected for promotion but declines to accept the promotion,

the officer shall be considered for all purposes to have twice failed

of selection for promotion.

(e) OFFICERS TWICE FAILED OF SELECTION.—A reserve officer

of the Army or Air Force in an active status who, on the day

before the effective date of this title, is in the grade of first lieutenant, captain, or major and on that date is subject to be treated

as prescribed in section 3846 or 8846 of title 10, United States

Code, shall continue to be governed by that section as in effect

on the day before the effective date of this title.

(f) OFFICERS WITH APPROVED PROMOTION DECLINATIONS IN

EFFECT.—A reserve officer of the Army who, on the day before

the effective date of this title, has declined a promotion under

subsection (f) or (g) of section 3364 of title 10, United States Code,

shall while carried on the reserve active status list be subject

to the provisions of subsections (h), (i), and (j) of such section,

as in effect on the day before the effective date of this title, except

that the name of an officer to whom this section applies shall

be placed on a promotion list under section 14308(a) of title 10,
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United States Code (as added by this title), and, at the end of

the approved period of declination, shall be considered to have

failed of promotion if the officer again declines to accept the

promotion.

(g) COVERED OFFICERS.—This section applies to reserve officers

of the Army and Air Force who—

(1) on the day before the effective date of this title are

in an active status; and

(2) on the effective date of this title are subject to placement

on the reserve active-status list of the Army or the Air Force.

SEC. 1683. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE

OF SELECTION FOR NAVY AND MARINE CORPS OFFICERS.

(a) RECOMMENDATIONS FOR PROMOTION.—An officer covered by

this section who, on the day before the effective date of this title,

has been recommended for promotion to a reserve grade higher

than the grade in which the officer is serving shall be considered

to have been recommended for promotion to that grade under

section 14101(a) of title 10, United States Code, as added by this

title.

(b) FAILURES OF SELECTION.—An officer covered by this section

who, on the day before the effective date of this title is considered

to have failed of selection for promotion one or more times under

chapter 549 of title 10, United States Code, to a grade below

captain, in the case of a reserve officer of the Navy, or to a grade

below colonel, in the case of a reserve officer of the Marine Corps,

shall be subject to chapters 1405 and 1407 of title 10, United

States Code, as added by this title, as if such failure or failures

had occurred under the provisions of those chapters.

(c) OFFICERS OTHER THAN COVERED OFFICERS RECOMMENDED

FOR PROMOTION.—A reserve officer of the Navy or Marine Corps who on the day before the effective date of this title (1) has been

recommended for promotion in the approved report of a selection

board convened under chapter 549 of title 10, United States Code,

and (2) was on the active-duty list of the Navy or Marine Corps

may be promoted under that chapter, as in effect on the day

before the effective date of this title.

(d) OFFICERS FOUND QUALIFIED FOR PROMOTION TO LIEUTENANT

(JUNIOR GRADE) OR FIRST LIEUTENANT.—A covered officer who,

on the effective date of this title, holds the grade of second lieutenant and has been found qualified for promotion in accordance with

section 5908 or 5910 of title 10, United States Code, as in effect

on the day before the effective date of this title, shall be promoted

on the date on which the officer would have been promoted under

the provisions of chapter 549 of such title, as in effect on the

day before the effective date of this title, unless sooner promoted

under regulations prescribed by the Secretary of the Navy under

section 14307(b) of such title, as added by this title.

(e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED FROM A

LIST FURNISHED TO A SELECTION BOARD.—A covered officer whose

name, as of the effective date of this title, had been omitted by

administrative error from the list of officers furnished the most

recent selection board to consider officers of the same grade and

component, shall be considered by a special selection board established under section 14502 of title 10, United States Code, as

added by this title. If the officer is selected for promotion by that

board, the officer shall be promoted as specified in section 5904
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of title 10, United States Code, as in effect on the day before

the effective date of this title.

(f) COVERED OFFICERS.—Except as provided in subsection (c),

this section applies to any reserve officer of the Navy or Marine

Corps who (1) before the effective date of this title is in an active

status, and (2) on the effective date of this title is subject to

placement on the reserve active-status list of the Navy or Marine

Corps.

SEC. 1684. DELAYS IN PROMOTIONS AND REMOVALS FROM PROMOTION LIST.

(a) DELAYS IN PROMOTIONS.—(1) A delay in a promotion that is in effect on the day before the effective date of this title under

the laws and regulations in effect on that date shall continue

in effect on and after that date as if the promotion had been

delayed under section 14311 of title 10, United States Code, as

added by this title. (2) The delay of the promotion of a reserve officer of the Army or the Air Force which was in effect solely to achieve compliance

with limitations set out in section 524 of title 10, United States

Code, or with regulations prescribed by the Secretary of Defense

with respect to sections 3380(c) and 8380(c) of title 10, United

States Code, as in effect on the day before the effective date of

this title, shall continue in effect as if the promotion had been

delayed under section 14311(e) of such title, as added by this

title.

(b) REMOVALS FROM LIST.—An action that was initiated before

the effective date of this title under the laws and regulations

in effect before that date to remove the name of an officer from

a promotion list or from a list of officers recommended or approved

for promotion shall continue on and after such date as if such

action had been initiated under section 14110(d) or 14310, as appropriate, of title 10, United States Code, as added by this title.

SEC. 1685. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION.

During the five-year period beginning on the effective date

of this title, the Secretary of the Army and the Secretary of the

Air Force may waive the provisions of section 14304 of title 10,

United States Code, as added by this title. The Secretary may,

in addition, during any period in which such a waiver is in effect,

establish minimum periods of total years of commissioned service

an officer must have served to be eligible for consideration for

promotion to the grade of captain, major, or lieutenant colonel

by boards convened under section 14101(a) of title 10, United States

Code, as added by this title.

SEC. 1686. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST.

(a) SIX-MONTH DEADLINE.—Not later than six months after

the effective date of this title, the Secretary of the military department concerned shall ensure that—

(1) all officers of the Army, Navy, Air Force, and Marine

Corps who are required to be placed on the reserve activestatus list of their Armed Force under section 14002 of title

10, United States Code, as added by this title, shall be placed

on the list for their armed force and in their competitive category; and

(2) the relative seniority of those officers on each such

list shall be established.
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(b) REGULATIONS.—The Secretary concerned shall prescribe

regulations for the establishment of relative seniority. The Secretary

of the Army and the Secretary of the Air Force shall, in prescribing

such regulations, provide for the consideration of both promotion

service established under section 3360(b) or 8360(e) of title 10,

United States Code, as in effect on the day before the effective

date of this title, and total commissioned service established under

section 3360(c) or 8366(e) of such title, as in effect on the day

before the effective date of this title. An officer placed on a reserve

active-status list in accordance with this section shall be considered

to have been on the list as of the effective date of this title.

SEC. 1687. PRESERVATION OF RELATIVE SENIORITY UNDER THE INITIAL ESTABLISHMENT OF THE RESERVE ACTIVE-STATUS

LIST.

In order to maintain the relative seniority among reserve officers of the Army, Navy, Air Force, or Marine Corps as determined

under section 1686, the Secretary of the military department concerned may, during the one-year period beginning on the effective

date of this title, adjust the date of rank of any reserve officer

of such Armed Force who was in an active status but not on

the active-duty list on such effective date.

SEC. 1688. GRADE ON TRANSFER TO THE RETIRED RESERVE.

In determining the highest grade held satisfactorily by a person

at any time in the Armed Forces for the purposes of paragraph

(2) of section 1406(b) of title 10, United States Code, as added

by this title, the requirement for satisfactory service on the reserve

active-status list contained in section 1370(d) of title 10, United

States Code, as added by this title, shall apply only to reserve

commissioned officers who are promoted to a higher grade as a

result of selection for promotion under chapter 36 of that title

or under chapter 1405 of that title, as added by this title, or

having been found qualified for Federal recognition in a higher

grade under chapter 3 of title 32, United States Code, after the

effective date of this title.

SEC. 1689. RIGHTS FOR OFFICERS WITH OVER THREE YEARS SERVICE.

A reserve officer of the Army, Navy, Air Force, or Marine

Corps who was in an active status on the day before the effective

date of this title and who was subject to placement of the reserve

active-status list on the effective date of this title may not be

discharged under section 14503 of title 10, United States Code,

as added by this title, until on or after the day on which that

officer completes three years of continuous service as a reserve

commissioned officer.

SEC. 1690. MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE

OFFICERS OF THE NAVY AND MARINE CORPS.

(a) SAVINGS PROVISIONS FOR REQUIRED SEPARATION AGE.—A

reserve officer of the Navy or the Marine Corps—

(1) who—

(A) on the effective date of this title is in an active

status, and

(B) on the day before the effective date of this title

was an officer described in section 6389(e), 6397(a), 6403(a),

or 6403(b) of title 10, United States Code; and
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(2) who, on or after the effective date of this title is subject

to elimination from an active status under any provision of

such title,

is entitled to be treated as that officer would have been treated

under section 6397 or 6403 as applicable, as in effect on the day

before the effective date of this title, if that treatment would result

in the date for the officer’s separation from an active status being

a later date than the date established under the law in effect

on or after the effective date of this title.

(b) SAVINGS PROVISIONS FOR MANDATORY SEPARATION FOR

AGE.—An officer who was initially appointed in the Naval Reserve

or the Marine Corps Reserve before January 1, 1953, and who

cannot complete 20 years of service computed under section 12732

of this title before he becomes 62 years of age, but can complete

this service by the time he becomes 64 years of age, may be

retained in an active status not later than the date he becomes

64 years of age.

(c) An officer who was initially appointed in the Naval Reserve

or the Marine Corps Reserve before the effective date of this title,

and who cannot complete 20 years of service computed under section

12732 of this title before he becomes 60 years of age, but can

complete this service by the time he becomes 62 years of age,

may be retained in an active status not later than the date he

becomes 62 years of age.

Subtitle F—Effective Dates and General

Savings Provisions

SEC. 1691. EFFECTIVE DATES.

(a) EFFECTIVE DATE FOR AMENDMENTS.—Except as provided

in subsection (b), the amendment made by section 1611 and the

amendments made by subtitles C and D shall take effect on December 1, 1994.

(b) EFFECTIVE DATE FOR NEW RESERVE OFFICER PERSONNEL

POLICIES.—(1) The provisions of part III of subtitle E of title 10,

United States Code, as added by section 1611, shall become effective

on October 1, 1996. The amendments made by part II of subtitle

A, by subtitle B, and by section 1671(c)(2) and paragraphs (2),

(3)(B), (3)(C), and (4) of section 1675(d) shall take effect on October

1, 1996.

(2) Any reference in subtitle E of this title to the effective

date of this title is a reference to the effective date prescribed

in paragraph (1).

(3) The personnel policies applicable to Reserve officers under

the provisions of law in effect on the day before the date prescribed

in subsection (a) and replaced by the Reserve officer personnel

policies prescribed in part III of subtitle E of title 10, United

States Code, as added by section 1611, shall, notwithstanding the

provisions of subsection (a), continue in effect until the effective

date prescribed in paragraph (1).

(4) The authority to prescribe regulations under the provisions

of part III of subtitle E of title 10, United States Code, as added

by section 1611, shall take effect on the date of the enactment

of this Act.
S. 2182—365

SEC. 1692. PRESERVATION OF SUSPENDED STATUS OF LAWS SUSPENDED AS OF EFFECTIVE DATE.

If a provision of law that is in a suspended status on the

day before the effective date of this title under section 1691(b)(1)

is transferred or amended by this title, the suspended status of

that provision is not affected by that transfer or amendment.

SEC. 1693. PRESERVATION OF PRE-EXISTING RIGHTS, DUTIES, PENALTIES, AND PROCEEDINGS.

Except as otherwise provided in this title, the provisions of

this title and the amendments made by this title do not affect

rights and duties that matured, penalties that were incurred, or

proceedings that were begun before the effective date of this title

under section 1691(b)(1).

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SECTION 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction

Authorization Act for Fiscal Year 1995’’.

TITLE XXI—ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(1), and, in the case of the project described in section

2104(b)(2), other amounts appropriated pursuant to authorizations

enacted after this Act for that project, the Secretary of the Army

may acquire real property and carry out military construction

projects for the installations and locations inside the United States,

and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ........................... Redstone Arsenal ...................................... $2,600,000

California .......................... Fort Irwin .................................................. $10,000,000

Georgia ............................. Fort Benning ............................................. $6,550,000

Fort Gordon ............................................... $44,750,000

Hawaii .............................. Schofield Barracks .................................... $20,700,000

Kentucky .......................... Fort Campbell ........................................... $52,500,000

Fort Knox .................................................. $8,500,000

Maryland .......................... Edgewood Arsenal ..................................... $2,600,000

Adelphi Laboratory Center ...................... $6,600,000

New Jersey ....................... Bayonne Military Ocean Terminal .......... $4,050,000

New York .......................... Fort Drum ................................................. $12,600,000

United States Military Academy, West

Point ....................................................... $28,000,000
S. 2182—366

Army: Inside the United States—Continued

State Installation or location Amount

North Carolina ................. Fort Bragg ................................................. $29,000,000

Sunny Point Military Ocean Terminal .... $22,200,000

Oklahoma ......................... Fort Sill ...................................................... $18,000,000

Pennsylvania .................... Tobyhanna Depot ...................................... $17,000,000

South Carolina ................. Charleston Naval Weapons Station ........ $20,000,000

Texas ................................. Fort Bliss ................................................... $16,800,000

Fort Hood ................................................... $45,800,000

Fort Sam Houston .................................... $4,300,000

Virginia ............................. Fort Lee ..................................................... $15,600,000

Fort Myer .................................................. $7,300,000

Washington ...................... Fort Lewis ................................................. $64,000,000

CONUS Classified ........... Classified Location .................................... $1,900,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(2), the Secretary of the Army may acquire real property

and carry out military construction projects for the installations

and locations outside the United States, and in the amounts, set

forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Korea .................................... Camp Casey ........................................... $29,200,000

Camp Red Cloud ................................... $5,400,000

Kwajalein Atoll .................... Kwajalein ............................................... $6,400,000

Worldwide ............................ Host Nation Support ............................. $10,000,000

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2104(a)(5)(A), the Secretary of the Army may construct or acquire

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following

table:

Army: Family Housing

State Installation Purpose Amount

Alaska ...................... Fort Richardson ........... 72 units ................... $5,000,000

Colorado ................... Fort Carson .................. 145 units ................. $16,500,000

Georgia ..................... Fort Stewart ................ 128 units ................. $10,600,000

Hawaii ...................... Schofield Barracks ...... 190 units ................. $26,000,000
S. 2182—367

Army: Family Housing—Continued

State Installation Purpose Amount

Kansas ...................... Fort Riley ..................... 126 units ................. $12,600,000

Massachusetts ......... Natick Research Center ............................. 35 units ................... $4,150,000

New York ................. United States Military

Academy, West

Point ......................... 56 units ................... $8,000,000

Texas ........................ Fort Bliss ..................... 215 units ................. $21,400,000

Fort Sam Houston ....... 100 units ................. $10,000,000

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(5)(A), the Secretary of the Army may carry out architectural

and engineering services and construction design activities with

respect to the construction or improvement of family housing units

in an amount not to exceed $5,992,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may

improve existing military family housing in an amount not to exceed

$49,760,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) IN GENERAL.—Subject to subsection (c), funds are hereby

authorized to be appropriated for fiscal years beginning after

September 30, 1994, for military construction, land acquisition,

and military family housing functions of the Department of the

Army in the total amount of $1,736,686,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $447,350,000. (2) For military construction projects outside the United States authorized by section 2101(b), $51,000,000. (3) For unspecified minor military construction projects

authorized by section 2805 of title 10, United States Code,

$12,000,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$66,126,000.

(5) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvements of military family housing and

facilities, $170,002,000.

(B) For support of military family housing (including

the functions described in section 2833 of title 10, United

States Code), $1,013,708,000, of which not more than

$243,442,000 may be obligated or expended for the leasing

of military family housing worldwide.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-
S. 2182—368

ized by law, the total cost of all projects carried out under section

2101 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a) (as reduced by operation

of subsection (c)); and

(2) $14,000,000 (the balance of the amount authorized

under section 2101(a) for the construction and renovation of

a food processing facility at the United States Military Academy, West Point, New York).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $23,500,000, which represents the combination of project savings resulting from favorable bids, reduced overhead costs, cancellations due to force structure changes, and cancellations due to 1995 base closure and realignment decisions.

SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT

AT FORT BRAGG, NORTH CAROLINA, FOR WHICH FUNDS

HAVE BEEN APPROPRIATED.

Using amounts previously appropriated for such purpose, the

Secretary of the Army may carry out a military construction project

for the construction of a library at Fort Bragg, North Carolina,

in the total amount of $5,500,000.

SEC. 2106. RELOCATION OF ARMY FAMILY HOUSING UNITS FROM FORT

HUNTER LIGGETT, CALIFORNIA, TO FORT STEWART,

GEORGIA.

Section 2102(a) of the Military Construction Authorization Act for Fiscal Year 1992 (division B of Public Law 102–190; 105 Stat.

1511) is amended—

(1) by striking out paragraph (1) and inserting in lieu

thereof the following new paragraph: ‘‘(1) Fort Hunter Liggett, California, one hundred fiftyfour units, $12,300,000.’’; and

(2) by striking out paragraph (5) and inserting in lieu

thereof the following new paragraph: ‘‘(5) Fort Stewart, Georgia, one hundred twenty-one units,

$9,890,000.’’.

SEC. 2107. HIGHWAY SAFETY AT HAWTHORNE ARMY AMMUNITION

PLANT, NEVADA.

(a) STUDY.—The Secretary of the Army shall carry out a study

of traffic safety on the highway at the Hawthorne Army Ammunition Plant, Nevada. In carrying out the study, the Secretary shall—

(1) evaluate traffic safety on the highway, including traffic

safety with respect to the rail and truck crossing of the highway

at the Plant;

(2) evaluate the feasibility and desirability of constructing

a vehicle bridge over the rail and truck crossing; and

(3) determine whether any construction required to improve

traffic safety on the highway should be funded as a military

construction project or as a defense access road construction

project.

(b) ARCHITECTURAL AND ENGINEERING SERVICES AND

CONSTRUCTION DESIGN.—If the Secretary determines as a result

of the study under subsection (a) that construction of a vehicle
S. 2182—369

bridge over the rail and truck crossing of the highway at the

Plant is feasible and desirable, the Secretary may—

(1) obtain architectural and engineering activities and carry

out construction design with respect to the construction of

the bridge; or

(2) request that the Secretary of Transportation carry out

the construction of the bridge as a project for the construction

of a defense access road under section 210 of title 23, United

States Code.

TITLE XXII—NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(1), and, in the case of the project described in section

2204(b)(2), other amounts appropriated pursuant to authorizations

enacted after this Act for that project, the Secretary of the Navy

may acquire real property and carry out military construction

projects for the installations and locations inside the United States,

and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

California .......................... Camp Pendleton Amphibious Task Force $10,700,000

Camp Pendleton Marine Corp Base ........ $6,860,000

China Lake Naval Air Warfare Center ... $6,000,000

El Centro Naval Air Facility .................... $3,000,000

Lemoore Naval Air Station ...................... $7,000,000

North Island Naval Air Station ............... $18,830,000

Port Hueneme Construction Battalion

Center ..................................................... $9,650,000

San Diego Marine Corps Recruit Depot .. $1,090,000

San Diego Naval Station .......................... $4,100,000

Twentynine Palms, Marine Corps AirGround Combat Center ......................... $2,900,000

Florida .............................. Jacksonville Fleet and Industrial Supply

Center ..................................................... $2,200,000

Pensacola Naval Air Station .................... $2,100,000

Hawaii .............................. Kaneohe Bay Marine Corps Air Station . $4,900,000

Illinois ............................... Great Lakes Navy Public Works Center . $13,000,000

Indiana ............................. Crane Naval Surface Warfare Center ..... $7,970,000

Maryland .......................... Indian Head Naval Surface Warfare

Center ..................................................... $10,400,000

Patuxent River Naval Air Warfare Center ........................................................... $4,200,000

United States Naval Academy ................. $1,900,000

New Jersey ....................... Lakehurst Naval Air Warfare Center ..... $2,950,000

New Mexico ...................... White Sands Naval Ordnance Missile

Test Station ........................................... $1,390,000

North Carolina ................. Camp Lejeune Marine Corp Base ........... $14,850,000
S. 2182—370

Navy: Inside the United States—Continued

State Installation or location Amount

Cherry Point Marine Corps Air Station .. $2,100,000

Pennsylvania .................... Philadelphia Naval Shipyard ................... $10,500,000

Rhode Island .................... Newport Naval Education and Training

Center ..................................................... $14,500,000

Newport Naval War College .................... $28,000,000

South Carolina ................. Beaufort Marine Corps Air Station ......... $10,800,000

Parris Island Marine Corps Recruit

Depot ...................................................... $8,350,000

Texas ................................. Ingleside Naval Station ............................ $14,110,000

Kingsville Naval Air Station .................... $1,530,000

Virginia ............................. Chesapeake Naval Security Group Activity ............................................................ $1,150,000

Dam Neck Fleet Combat Training Center ........................................................... $7,000,000

Little Creek Amphibious Base ................. $5,000,000

Norfolk Marine Corps Security Force

Battalion Atlantic .................................. $6,480,000

Norfolk Naval Base ................................... $5,100,000

Norfolk Naval Station .............................. $16,430,000

Quantico Marine Corps Combat Development Command ..................................... $19,900,000

Washington ...................... Bremerton Puget Sound Naval Shipyard $11,040,000

Everett Naval Station .............................. $21,690,000

Whidbey Island Naval Air Station .......... $5,200,000

CONUS Classified ........... Aircraft Fire Rescue and Vehicle Maintenance Facilities ...................................... $2,200,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(2), the Secretary of the Navy may acquire real property

and carry out military construction projects for the installations

and locations outside the United States, and in the amounts set

forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Greece ............................... Souda Bay, Crete Naval Support Activity ............................................................ $3,050,000

Italy .................................. Naples Naval Support Activity ................ $28,460,000

Sigonella Naval Air Station ..................... $13,750,000

Puerto Rico ....................... Sabana Seca Naval Security Group Activity ....................................................... $1,650,000

United Kingdom ............... Saint Mawgan Joint Communication

Center ..................................................... $3,900,000
S. 2182—371

SEC. 2202. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2204(a)(5)(A), the Secretary of the Navy may construct or acquire

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following

table:

Navy: Family Housing

State Installation Purpose Amount

California ................. Camp Pendleton Marine Corps Base ....... 196 units ................. $28,552,000

San Diego Navy Public

Works Center ........... 136 units ................. $18,262,000

Hawaii ...................... Moanalua Terrace ....... 100 units (replacement).$16,000,000

Maryland .................. Patuxent River Naval

Air Station ............... Housing Office ........ $863,000

Mississippi ............... Gulfport Construction

Battalion Center ...... 120 units ................. $10,370,000

Texas ........................ Corpus Christi Naval

Air Station ............... 100 units ................. $11,800,000

Virginia .................... Norfolk Navy Public

Works Center ........... Warehouse and Self

Help Center.

$555,000

Washington .............. Everett Naval Station . Housing Office ........ $780,000

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(5)(A), the Secretary of the Navy may carry out architectural

and engineering services and construction design activities with

respect to the construction or improvement of military family housing units in an amount not to exceed $24,681,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may

improve existing military family housing units in the amount of

$155,602,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) IN GENERAL.—Subject to subsection (c), funds are hereby

authorized to be appropriated for fiscal years beginning after

September 30, 1994, for military construction, land acquisition,

and military family housing functions of the Department of the

Navy in the total amount of $1,591,824,000 as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $309,070,000. (2) For military construction projects outside the United

States authorized by section 2201(b), $50,810,000.
S. 2182—372

(3) For unspecified minor construction projects authorized

by section 2805 of title 10, United States Code, $7,000,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$43,380,000.

(5) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvements of military family housing and

facilities, $267,465,000.

(B) For support of military housing (including functions

described in section 2833 of title 10, United States Code),

$937,599,000, of which not more than $114,336,000 may

be obligated or expended for the leasing of military family

housing units worldwide.

(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2201 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a) (as reduced by operation

of subsection (c)); and

(2) $18,000,000 (the balance of the amount authorized

under section 2201(a) for the construction of a Strategic Maritime Research Center at the Naval War College, Newport,

Rhode Island).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $23,500,000, which represents the combination of project savings resulting from favorable bids, reduced overhead costs, cancellations due to force structure changes, and cancellations due to 1995 base closure and realignment decisions.

SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT MILITARY

CONSTRUCTION PROJECT AT NAVAL SUPPLY CENTER,

PENSACOLA, FLORIDA.

(a) REAUTHORIZATION.—Notwithstanding section 2205(b)(1)(D)(ii) of the Military Construction Authorization Act for

Fiscal Year 1994 (division B of Public Law 103–160; 107 Stat.

1865), the Secretary of the Navy may carry out the military

construction project at the Naval Supply Center, Pensacola, Florida,

which involves construction of a cold storage facility at the installation and was originally authorized by section 2201(a) of the Military

Construction Authorization Act for Fiscal Year 1992 (division B

of Public Law 102–190; 105 Stat. 1514).

(b) CONFORMING AMENDMENT.—Section 2205(a) of the Military

Construction Authorization Act for Fiscal Year 1992 (division B

of Public Law 102–190; 105 Stat. 1518), as amended by section

2205(b)(2) of the Military Construction Authorization Act for Fiscal

Year 1994 (division B of Public Law 103–160; 107 Stat. 1865),

is further amended—

(A) in the matter preceding the paragraphs, by striking

out ‘‘$1,759,990,000’’ and inserting in lieu thereof

‘‘$1,765,690,000’’; and

(B) in paragraph (1), by striking out ‘‘$667,700,000’’ and

inserting in lieu thereof ‘‘$673,400,000’’.
S. 2182—373

SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT NAVAL

STATION, FLORIDA.

(a) COMMENCEMENT OF DESIGN ACTIVITIES.—At the conclusion

of the facilities study prepared by the Secretary of the Navy to

identify infrastructure improvements that would be necessary to

provide Mayport Naval Station, Florida, with the capability to serve

as a homeport for a nuclear powered aircraft carrier and the programmatic environmental impact study to identify environmental

issues associated with such improvements, the Secretary shall begin

design activities for such military construction projects as may

be necessary to provide for such a capability. (b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall be construed as an authorization to the Secretary to proceed with

the construction of facilities specifically designed to make Mayport

Naval Station capable of serving as a homeport for a nuclear powered aircraft carrier.

SEC. 2207. RELOCATION OF PASCAGOULA COAST GUARD STATION, MISSISSIPPI.

(a) AGREEMENT ON RELOCATION.—Subject to subsection (c), the Secretary of the Navy and the Secretary of Transportation may

enter into an agreement that provides for the relocation of the

activities and functions of Pascagoula Coast Guard Station to

Pascagoula Naval Station, Pascagoula, Mississippi. (b) PROHIBITION ON RELOCATION OR CONSTRUCTION COSTS.—

The Navy may not incur any construction costs relating to the

relocation. The Coast Guard may not incur any construction costs

or relocation costs relating to the relocation.

(c) CONDITION ON RELOCATION.—The activities and functions

of Pascagoula Coast Guard Station may not be relocated to

Pascagoula Naval Station if either— (1) the Secretary of the Navy determines that the relocation

of the Coast Guard facility would interfere with the performance

of the mission of the Navy at Pascagoula Naval Station; or (2) the Secretary of Transportation determines that the

relocation of the Coast Guard facility would be incompatible

with Coast Guard operations in the Pascagoula area.

TITLE XXIII—AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(1), the Secretary of the Air Force may acquire real property

and carry out military construction projects for the installations

and locations inside the United States, and in the amounts, set

forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ........................... Maxwell Air Force Base ........................... $9,600,000

Alaska ............................... Cape Lisburne Long Range Radar Site .. $2,800,000

Elmendorf Air Force Base ........................ $5,000,000
S. 2182—374

Air Force: Inside the United States—Continued

State Installation or location Amount

Arizona ............................. Luke Air Force Base ................................. $4,900,000

Arkansas ........................... Little Rock Air Force Base ....................... $4,800,000

California .......................... Beale Air Force Base ................................ $11,850,000

Edwards Air Force Base ........................... $7,050,000

McClellan Air Force Base ........................ $8,500,000

Travis Air Force Base ............................... $3,600,000

Vandenberg Air Force Base ..................... $6,550,000

Colorado ............................ Peterson Air Force Base ........................... $1,750,000

Delaware .......................... Dover Air Force Base ............................... $10,500,000

Florida .............................. Cape Canaveral Air Force Station .......... $10,450,000

Georgia ............................. Moody Air Force Base .............................. $13,400,000

Robins Air Force Base .............................. $21,200,000

Idaho ................................. Mountain Home Air Force Base .............. $15,950,000

Illinois ............................... Scott Air Force Base ................................. $2,700,000

Kansas .............................. McConnell Air Force Base ........................ $500,000

Louisiana .......................... Barksdale Air Force Base ........................ $15,700,000

Maryland .......................... Andrews Air Force Base ........................... $6,300,000

Mississippi ........................ Columbus Air Force Base ......................... $13,200,000

Keesler Air Force Base ............................. $11,240,000

Missouri ............................ Whiteman Air Force Base ........................ $24,290,000

Montana ........................... Malmstrom Air Force Base ...................... $7,200,000

Nebraska .......................... Offutt Air Force Base ............................... $2,260,000

Nevada .............................. Nellis Air Force Base ................................ $600,000

New Jersey ....................... McGuire Air Force Base ........................... $17,000,000

New Mexico ...................... Holloman Air Force Base ......................... $10,950,000

Kirtland Air Force Base ........................... $28,000,000

North Carolina ................. Pope Air Force Base ................................. $5,050,000

North Dakota ................... Grand Forks Air Force Base .................... $5,200,000

Minot Air Force Base ............................... $5,850,000

Ohio .................................. Wright-Patterson Air Force Base ............ $26,550,000

Oklahoma ......................... Altus Air Force Base ................................ $3,750,000

Tinker Air Force Base .............................. $20,443,000

Vance Air Force Base ............................... $11,680,000

South Carolina ................. Charleston Air Force Base ....................... $11,400,000

South Dakota ................... Ellsworth Air Force Base ......................... $5,950,000

Tennessee ......................... Arnold Air Force Base .............................. $1,900,000

Texas ................................. Brooks Air Force Base .............................. $6,500,000

Kelly Air Force Base ................................. $8,950,000

Lackland Air Force Base .......................... $5,200,000

Sheppard Air Force Base ......................... $3,300,000

Virginia ............................. Langley Air Force Base ............................ $5,500,000

Washington ...................... Fairchild Air Force Base .......................... $17,900,000

McChord Air Force Base .......................... $10,400,000
S. 2182—375

Air Force: Inside the United States—Continued

State Installation or location Amount

Wyoming ........................... F.E. Warren Air Force Base ..................... $2,650,000

CONUS Classified ........... Classified Location .................................... $2,141,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(2), the Secretary of the Air Force may acquire real property

and may carry out military construction projects for the installations

and locations outside the United States, and in the amounts, set

forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ........................... Ramstein Air Base .................................... $12,350,000

Spangdahlem Air Base ............................. $9,473,000

Greenland ......................... Thule Air Base .......................................... $2,450,000

Portugal ............................ Lajes Field, Azores .................................... $2,850,000

United Kingdom ............... Lakenheath Royal Air Force Base ........... $7,100,000

Overseas Classified .......... Classified Locations .................................. $4,050,000

SEC. 2302. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2304(a)(6)(A), the Secretary of the Air Force may construct or

acquire family housing units (including land acquisition) at the

installations, for the purposes, and in the amounts set forth in

the following table:

Air Force: Family Housing

State Installation Purpose Amount

Alabama ................... Maxwell Air Force

Base .......................... 25 units ................... $2,100,000

Arizona ..................... Davis Monthan Air

Force Base ................ 110 units ................. $10,029,000

California ................. Beale Air Force Base .. 76 units ................... $8,842,000

Edwards Air Force

Base .......................... 34 units ................... $4,629,000

Los Angeles Air Force

Station ...................... 50 units ................... $8,962,000

Vandenberg Air Force

Base .......................... 128 units ................. $16,460,000

District of Columbia Bolling Air Force Base 100 units ................. $9,000,000

Florida ...................... Patrick Air Force Base 75 units ................... $7,145,000
S. 2182—376

Air Force: Family Housing—Continued

State Installation Purpose Amount

Idaho ........................ Mountain Home Air

Force Base ................ 4 units ..................... $881,000

Mountain Home Air

Force Base ................ 60 units ................... $5,712,000

Kansas ...................... McConnell Air Force

Base .......................... 70 units ................... $8,322,000

Louisiana ................. Barksdale Air Force

Base .......................... 82 units ................... $8,236,000

Missouri ................... Whiteman Air Force

Base .......................... Housing Office ........ $567,000

New Mexico .............. Cannon Air Force

Base .......................... 1 unit ....................... $230,000

Holloman Air Force

Base .......................... 76 units ................... $7,733,000

Kirtland Air Force

Base .......................... 106 units ................. $10,058,000

North Carolina ........ Pope Air Force Base .... 120 units ................. $14,874,000

Seymour Johnson Air

Force Base ................ 74 units ................... $6,025,000

North Dakota ........... Grand Forks Air Force

Base .......................... Housing Office ........ $709,000

South Carolina ........ Shaw Air Force Base .. 3 units ..................... $631,000

Texas ........................ Dyess Air Force Base .. 59 units ................... $7,077,000

Utah ......................... Hill Air Force Base ..... 138 units ................. $11,400,000

Virginia .................... Langley Air Force

Base .......................... 148 units ................. $14,421,000

Washington .............. Fairchild Air Force

Base .......................... 6 units ..................... $1,035,000

Wyoming .................. F.E. Warren Air Force

Base .......................... 106 units ................. $11,321,000

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities

with respect to the construction or improvement of military family

housing units in an amount not to exceed $9,275,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force

may improve existing military family housing units in an amount

not to exceed $61,770,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) IN GENERAL.—Subject to subsection (c), funds are hereby

authorized to be appropriated for fiscal years beginning after

September 30, 1994, for military construction, land acquisition,
S. 2182—377

and military family housing functions of the Department of the

Air Force in the total amount of $1,601,602,000 as follows:

(1) For military construction projects inside the United

States authorized by section 2301(a), $438,154,000.

(2) For military construction projects outside the United

States authorized by section 2301(b), $38,273,000.

(3) For unspecified minor construction projects authorized

by section 2805 of title 10, United States Code, $7,000,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$49,386,000.

(5) For the construction of the climatic test chamber at

Eglin Air Force Base, Florida, authorized by section 2301(a)

of the Military Construction Authorization Act for Fiscal Year

1993 (division B of Public Law 102–484; 106 Stat. 2594),

$20,000,000.

(6) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvements of military family housing and

facilities, $247,444,000.

(B) For support of military housing (including functions

described in section 2833 of title 10, United States Code),

$824,845,000, of which not more than $112,757,000 may

be obligated or expended for leasing of military family

housing units worldwide.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2301 of this Act may not exceed the total amount authorized to

be appropriated under paragraphs (1) and (2) of subsection (a)

(as reduced by operation of subsection (c)).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $23,500,000, which represents the combination of project savings resulting from favorable bids, reduced overhead costs, cancellations due to force structure changes, and cancellations due to 1995 base closure and realignment decisions.

SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS

AT TYNDALL AIR FORCE BASE, FLORIDA, FOR WHICH

FUNDS HAVE BEEN APPROPRIATED.

(a) AUTHORIZATION.—The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 1994 (division

B of Public Law 103–160; 107 Stat. 1867) is amended in the item

relating to Tyndall Air Force Base, Florida, by striking out

‘‘$2,600,000’’ in the amount column and inserting in lieu thereof

‘‘$8,200,000’’.

(b) CONFORMING AMENDMENT.—Section 2304(a) of such Act (107

Stat. 1870) is amended—

(1) in the matter preceding the paragraphs, by striking

out ‘‘$2,040,031,000’’ and inserting in lieu thereof

‘‘$2,045,631,000’’; and

(2) in paragraph (1), by striking out ‘‘$877,539,000’’ and

inserting in lieu thereof ‘‘$883,139,000’’.
S. 2182—378

SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING PROJECT AT

TYNDALL AIR FORCE BASE, FLORIDA.

The table in section 2302(a) of the Military Construction Authorization Act for Fiscal Year 1994 (division B of Public Law

103–160; 107 Stat. 1869) is amended in the item relating to Tyndall

Air Force Base, Florida, by striking out ‘‘Infrastructure’’ in the

purpose column and inserting in lieu thereof ‘‘45 units’’.

SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3, TULSA, OKLAHOMA.

(a) MODIFICATION AUTHORIZED.—Subject to subsection (b), of the amount authorized to be appropriated under section 301(4),

not more than $10,000,000 shall be available to the Secretary

of the Air Force to carry out the modification of Air Force Plant

No. 3, Tulsa, Oklahoma.

(b) CONDITION.—The Secretary of the Air Force may not obligate any of the funds made available under subsection (a) until after

the end of a period of 30 legislative days (as defined in section

2687(e)(4) of title 10, United States Code) beginning on the date

the Secretary submits to the congressional defense committees a

report certifying that the modification is consistent with the long

term national security mission of Air Force Plant No. 3.

SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIREMENT OF

MINUTEMAN II MISSILES.

Section 2307 of the Military Construction Authorization Act

for Fiscal Year 1991 (division B of Public Law 101–510; 104 Stat.

1775) is repealed.

TITLE XXIV—DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(1), the Secretary of Defense may

acquire real property and carry out military construction projects

for the installations and locations inside the United States, and

in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Agents and Munitions Destruction ...... Anniston Army Depot, Alabama .............. $5,000,000

Pine Bluff Arsenal, Arkansas .................. $3,000,000

Tooele Army Depot, Utah ......................... $4,000,000

Umatilla Army Depot, Oregon ................. $12,000,000

Defense Intelligence

Agency ........................... Bolling Air Force Base, Washington,

District of Columbia.

$600,000

Defense Logistics Agency Defense Construction Supply Center, Columbus, Ohio ......................................... $2,200,000

Defense Contract Management Area Office, El Segundo, California .................. $5,100,000
S. 2182—379

Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Defense Fuel Support Point, Craney Island, Virginia ......................................... $3,652,000

Headquarters, Defense Logistics Agency,

Ft. Belvoir, Virginia .............................. $4,600,000

Defense Medical Facility

Office ............................. Fort Dix, New Jersey ................................ $2,000,000

Fort McPherson, Georgia ......................... $13,300,000

McClellan Air Force Base, California ..... $10,280,000

National Security Agency Fort Meade, Maryland .............................. $5,458,000

Office Secretary of Defense .............................. CONUS Classified Location ..................... $5,300,000

Section 6 Schools ............. Naval Surface Warfare Center, Virginia $1,560,000

Special Operations Forces Eglin Auxiliary Field No. 9, Florida ........ $20,200,000

Fort Bragg, North Carolina ..................... $8,000,000

Kirtland Air Force Base, New Mexico ..... $9,600,000

Naval Base Coronado, San Diego, California ...................................................... $3,400,000

SEC. 2402. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(11)(A), the Secretary of Defense

may construct or acquire family housing units (including land

acquisition) at the location, for the purpose, and in the amount

set forth in the following table:

Defense Agencies: Family Housing

Country Agency Purpose Amount

Belgium .................... National Security Agency 1 unit ................. $300,000

SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(11)(A), the Secretary of Defense may

improve existing military family housing units in an amount not

to exceed $50,000.

SEC. 2404. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2405(a)(8), the Secretary of Defense may

carry out energy conservation projects under section 2865 of title

10, United States Code.

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1994, for

military construction, land acquisition, and military family housing
S. 2182—380

functions of the Department of Defense (other than the military

departments), in the total amount of $3,213,608,000 as follows:

(1) For military construction projects inside the United

States authorized by section 2401(a), $119,250,000.

(2) For military construction projects at Portsmouth Naval

Hospital, Virginia, authorized by section 2401(a) of the Military

Construction Authorization Act for Fiscal Years 1990 and 1991

(division B of Public Law 101–189; 103 Stat. 1640),

$120,000,000.

(3) For military construction projects at Elmendorf Air

Force Base, Alaska, hospital replacement, authorized by section

2401(a) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102–484; 106 Stat.

2599), $66,000,000.

(4) For military construction projects at Fort Bragg, North

Carolina, hospital replacement, authorized by section 2401(a)

of the Military Construction Authorization Act for Fiscal Year

1993 (division B of Public Law 102–484; 106 Stat. 2599),

$75,000,000.

(5) For unspecified minor construction projects under section 2805 of title 10, United States Code, $22,348,000.

(6) For contingency construction projects of the Secretary

of Defense under section 2804 of title 10, United States Code,

$3,511,000.

(7) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$51,960,000.

(8) For energy conservation projects authorized by section

2404, $50,000,000.

(9) For base closure and realignment activities as authorized by title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100–526; 10

U.S.C. 2687 note), $87,600,000.

(10) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note), $2,588,558,000.

(11) For military family housing functions: (A) For construction and acquisition, planning and

design, and improvements of military family housing and

facilities, $350,000.

(B) For support of military housing (including functions described in section 2833 of title 10, United States Code),

$29,031,000, of which not more than $24,051,000 may be

obligated or expended for the leasing of military family

housing units worldwide.

(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2401 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a)(1).

SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD TO NAVAL

WEAPONS STATION, CHARLESTON, SOUTH CAROLINA.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2405(a)(10), the Secretary of the Navy
S. 2182—381

shall transfer $3,000,000 to the South Carolina Department of

Highways and Public Transportation to be used for improvements

to North Rhett Avenue, which provides access to the Naval Weapons

Station, Charleston, South Carolina, to help alleviate the adverse

effects of the closure of the Charleston Naval Station and Charleston

Naval Shipyard, South Carolina, on the surrounding communities.

SEC. 2407. PLANNING AND DESIGN FOR CONSTRUCTION IN SUPPORT

OF CONSOLIDATION OF OPERATIONS OF THE DEFENSE

FINANCE AND ACCOUNTING SERVICE.

Of the amount authorized to be appropriated by section 2405(a)(7), $6,000,000 shall be available for planning and design

activities relating to military construction in support of the consolidation of operations of the Defense Finance and Accounting Service.

SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR

1993 PROJECT.

(a) MODIFICATION OF AUTHORITY.—(1) The table in section

2401(a) of the Military Construction Authorization Act for Fiscal

Year 1993 (division B of Public Law 102–484; 106 Stat. 2599)

is amended in the item relating to Fitzsimons Army Medical Center,

Colorado, by striking out ‘‘$390,000,000’’ in the amount column

and inserting in lieu thereof ‘‘$225,000,000’’. (2) Section 2403(c)(6) of such Act (106 Stat. 2600) is amended

by striking out ‘‘$388,000,000’’ and inserting in lieu thereof

‘‘$223,000,000’’.

(b) CERTIFICATION.—(1) If the budget for fiscal year 1996 that is submitted to Congress under section 1105 of title 31, United

States Code, includes a request for funds for the construction of

a replacement facility at Fitzsimons Army Medical Center, Colorado,

then not later than March 15, 1995, the Secretary of Defense

shall submit to the congressional defense committees a certification

that the replacement facility is needed to meet military health

care requirements. (2) In making the certification, the Secretary of Defense shall address the issues raised in the Audit Report of the Inspector

General of the Department of Defense dated March 21, 1994, and

entitled ‘‘Medical Treatment Facility Requirements–Fitzsimons

Army Medical Center’’, including— (A) the cost-effectiveness of building a replacement facility;

(B) the Department of Defense policy on construction of new military medical treatment facilities in areas in which

the majority of the patient population is military retirees and

their dependents; (C) the percentage of the patient population in the catchment area of Fitzsimons Army Medical Center and in

the Region 8 area that consists of— (i) active duty personnel;

(ii) dependents of active duty personnel;

(iii) military retirees; and

(iv) dependents of military retirees;

(D) the availability to and cost for the patient population

in the catchment area of medical care provided by civilian

medical facilities located in that area;

(E) the occupancy rates of civilian medical facilities in

the catchment area;

(F) the nature and extent of advanced medical procedures

provided by civilian medical facilities in the catchment area;
S. 2182—382

(G) the ability of and cost to other Department of Defense

medical facilities and civilian medical facilities located in the

Region 8 area of providing medical care to patients in that

area that are currently served by Fitzsimons Army Medical

Center;

(H) the projected occupancy rates at Fitzsimons Army Medical Center with and without patients from outside the

catchment area and the Region 8 area; and

(I) the cost-effectiveness and contribution of the Graduate

Medical Education program at Fitzsimons Army Medical Center

to meeting the training requirements of the Army for military

medical personnel.

TITLE XXV—NORTH ATLANTIC TREATY

ORGANIZATION INFRASTRUCTURE

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Infrastructure Program, as provided

in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from

the North Atlantic Treaty Organization as a result of construction

previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 1994, for contributions by the Secretary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Infrastructure Program,

as authorized by section 2501, in the amount of $119,000,000.

TITLE XXVI—GUARD AND RESERVE

FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

There are authorized to be appropriated for fiscal years beginning after September 30, 1994, for the costs of acquisition, architectural and engineering services, and construction of facilities for

the Guard and Reserve Forces, and for contributions therefor, under

chapter 133 of title 10, United States Code (including the cost

of acquisition of land for those facilities), the following amounts:

(1) For the Department of the Army—

(A) for the Army National Guard of the United States,

$188,062,000; and

(B) for the Army Reserve, $57,370,000.

(2) For the Department of the Navy, for the Naval and

Marine Corps Reserve, $22,748,000.

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States,

$249,053,000; and
S. 2182—383

(B) for the Air Force Reserve, $57,066,000.

SEC. 2602. PROHIBITION ON USE OF FUNDS FOR UNAUTHORIZED

GUARD AND RESERVE PROJECTS.

(a) PROHIBITION OF UNAUTHORIZED PROJECTS.—Except as pro- vided in subsection (b), funds appropriated pursuant to the

authorization of appropriations in section 2601 may only be used

for the purpose of paying for the costs of acquisition, architectural

and engineering services, and construction of facilities for the Guard

and Reserve Forces (and for contributions for such purposes) under

chapter 133 of title 10, United States Code, in the case of projects

for the Guard and Reserve Forces specified in the joint explanatory

statement of the committee of conference to accompany the bill

S. 2182 of the One Hundred and Third Congress. (b) EXCEPTIONS.—Subsection (a) shall not apply with respect to funds authorized to be appropriated in section 2601 for unspecified planning and design and for unspecified minor construction.

Such subsection shall also not apply in the case of a project for

the Guard and Reserve Forces—

(1) specifically authorized by a law enacted after the date of the enactment of this Act;

(2) designated as emergency construction, in the same man- ner as provided for military construction projects under section

2803 of title 10, United States Code;

(3) designated as contingency construction, in the same manner as provided for military construction projects under

section 2804 of such title;

(4) designated as a construction project required to carry out an environmental response action, in the same manner

as provided for military construction projects under section

2810 of such title;

(5) designated as a construction project required to repair, restore, or replace a damaged or destroyed facility, in the

same manner as provided for military construction projects

under section 2854 of such title; or

(6) specified in the joint explanatory statement of the committee of conference to accompany any Act, enacted before

the date of enactment of this Act, authorizing funds for military

construction projects if the authorization for the project has

not expired by the time the expenditure is to be made.

SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE

BEEN APPROPRIATED.

(a) FISCAL YEAR 1994 GUARD AND RESERVE PROJECTS.—Section

2601 of the Military Construction Authorization Act for Fiscal Year

1994 (division B of Public Law 103–160; 107 Stat. 1878) is amended—

(1) in paragraph (1), by striking out ‘‘$283,483,000’’ and inserting in lieu thereof ‘‘$299,223,000’’; and (2) in paragraph (2), by striking out ‘‘$25,013,000’’ and

inserting in lieu thereof ‘‘$33,713,000’’.

(b) FISCAL YEAR 1993 AIR NATIONAL GUARD PROJECT.—Section

2601(3)(A) of the Military Construction Authorization Act for Fiscal

Year 1993 (division B of Public Law 102–484; 106 Stat. 2602)

is amended by striking out ‘‘$305,759,000’’ and inserting in lieu

thereof ‘‘$306,959,000’’.

(c) FISCAL YEAR 1992 ARMY NATIONAL GUARD PROJECT.—Section 2601(1)(A) of the Military Construction Authorization Act for
S. 2182—384

Fiscal Year 1992 (division B of Public Law 102–190; 105 Stat.

1534) is amended by striking out ‘‘$210,745,000’’ and inserting

in lieu thereof ‘‘$211,759,000’’.

SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT DIX, NEW

JERSEY.

Funds appropriated pursuant to the authorization of appropriations in section 2601(1)(A) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102–484;

106 Stat. 2602) for the renovation of facilities at Fort Dix, New

Jersey, for the purpose of accommodating a consolidated New Jersey

National Guard headquarters may also be used for additions and

alterations to such facilities for the same purpose.

SEC. 2605. COLORADO STATE AREA COMMAND ARMORY, ENGLEWOOD,

COLORADO.

(a) CONTRIBUTION AUTHORIZED.—Using amounts appropriated

for this purpose pursuant to the authorization of appropriations

in section 2601(1)(A), the Secretary of Defense may make a contribution to the State of Colorado under paragraph (4) or (5) of section

2233(a) of title 10, United States Code, in connection with the

relocation of the Colorado State Area Command Armory to Englewood, Colorado, and the improvement of such relocated armory.

(b) COMPUTATION OF AMOUNT OF CONTRIBUTION.—Notwithstanding section 2236(b) of title 10, United States Code, in computing the cost of construction under such section for purposes of

making the contribution authorized under subsection (a), the Secretary of Defense may consider the cost or market value of the

buildings and other improvements contributed by the State of Colorado in connection with the relocation of the Colorado State Area

Command Armory. The amount of the Federal contribution for

such armory under paragraph (4) or (5) of section 2233(a) of such

title, as authorized by subsection (a), may not exceed $2,725,000.

TITLE XXVII—EXPIRATION AND

EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS

REQUIRED TO BE SPECIFIED BY LAW.

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— Except as provided in subsection (b), all authorizations contained

in titles XXI through XXVI for military construction projects, land

acquisition, family housing projects and facilities, and contributions

to the North Atlantic Treaty Organization Infrastructure program

(and authorizations of appropriations therefor) shall expire on the

later of—

(1) October 1, 1997; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 1998.

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations

for military construction projects, land acquisition, family housing

projects and facilities, and contributions to the North Atlantic

Treaty Organization Infrastructure program (and authorizations

of appropriations therefor), for which appropriated funds have been

obligated before the later of—

(1) October 1, 1997; or
S. 2182—385

(2) the date of the enactment of an Act authorizing funds

for fiscal year 1998 for military construction projects, land

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Infrastructure

program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

1992 PROJECTS.

(a) EXTENSIONS.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 1992 (division B

of Public Law 102–190; 105 Stat. 1535), authorizations for the

projects set forth in the tables in subsection (b), as provided in

section 2101, 2102, 2201, 2301, or 2601 of that Act, shall remain

in effect until October 1, 1995, or the date of the enactment of

an Act authorizing funds for military construction for fiscal year

1996, whichever is later.

(b) TABLES.—The tables referred to in subsection (a) are as

follows:

Army: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Colorado ............ Fort Carson ................... Family Housing New

Construction (1 Unit) $150,000

Georgia ............. Fort Benning ................. General Instruction Facility.$2,150,000

Fort Stewart ................. Family Housing New

Construction (120

Units) ......................... $9,700,000

Oregon .............. Umatilla Depot Activity Ammunition Demilitarization Support

Facility.

$3,600,000

Ammunition Demilitarization Utilities .... $7,500,000

Navy: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Mississippi ........ Gulfport Naval Construction Battalion

Center ........................ Controlled Humidity

Warehouse.

$7,000,000

West Virginia ... Green Bank Naval Observatory .................... Alternate Operations

Center.

$5,400,000

Italy .................. Sigonella Naval Air

Station ....................... Operations Control

Center.

$9,850,000
S. 2182—386

Navy: Extension of 1992 Project Authorizations—Continued

State Installation or location Project Amount

Sicily Naval Communications Station ....... Satellite terminal ......... $2,750,000

Outside United

States ............ Various locations .......... Satellite terminals ........ $10,570,000

Air Force: Extension of 1992 Project Authorization

State Installation or location Project Amount

Alaska ............... Eareckson (formerly

Shemya) Air Force

Station ....................... Hazardous Materials

Storage.

$4,000,000

Arizona ............. Davis Monthan Air

Force Base ................. Wastewater Treatment

Facility.

$4,100,000

California .......... Beale Air Force Base .... Munitions Maintenance

Facility.

$2,700,000

Delaware .......... Dover Air Force Base ... Additions and Alterations Child Development Center.$2,600,000

Kansas .............. McConnell Air Force

Base ........................... Temporary Lodging Facility.$2,700,000

Maryland .......... Andrews Air Force

Base ........................... Upgrade Mystic Star .... $2,700,000

North Carolina . Pope Air Force Base ..... Child Development

Center.

$2,050,000

Army National Guard: Extension of 1992 Project

Authorizations

State Location Project Amount

California .......... Stockton ........................ Additions and Alterations Combined Support Maintenance

Shop ........................... $1,613,000

District of Columbia ........... Fort Belvoir ................... Army Aviation Support

Facility ....................... $2,765,000

Maryland .......... Cheltenham ................... Armory/Maintenance

Shop ........................... $3,300,000

Towson .......................... Direct Logistics Warehouse .......................... $373,000
S. 2182—387

Army National Guard: Extension of 1992 Project

Authorizations—Continued

State Location Project Amount

Mississippi ........ West Point ..................... Maintenance Shop ........ $1,270,000

Tupelo ............................ Maintenance Shop ........ $992,000

Senatobia ...................... Maintenance Shop ........ $723,000

Nevada .............. Washoe County ............. Maintenance Shop ........ $1,050,000

North Carolina . Camp Butner ................ Range ............................. $986,000

Ohio .................. Toledo ............................ Armory .......................... $3,183,000

Rhode Island .... Camp Varnum .............. Sewer and Water System ............................. $578,000

Camp Fogarty ............... Armory .......................... $5,151,000

West Virginia ... Huntington .................... Guard and Reserve

Center ........................ $2,983,000

Army Reserve: Extension of 1992 Project Authorizations

State Location Project Amount

Massachusetts .. Taunton ......................... Reserve Center ............. $3,526,000

Ohio .................. Perrysburg .................... Reserve Center Addition ............................. $2,749,000

Pennsylvania .... Johnstown ..................... Army and Marine

Corps Aviation Facility ............................... $30,224,000

Tennessee ......... Jackson .......................... Joint Training Facility . $1,537,000

West Virginia ... Huntington .................... Guard and Reserve

Center ........................ $6,617,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

1991 PROJECTS.

(a) EXTENSIONS.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 1991 (division B

of Public Law 101–510; 104 Stat. 1782), the authorizations for

the projects set forth in the tables in subsection (b), as provided

in section 2201, 2301, or 2401 of that Act and extended by section

2702(a) of the Military Construction Authorization Act for Fiscal

Year 1992 (division B of Public Law 102–190; 105 Stat. 1535)

and section 2702 of the Military Construction Authorization Act

for Fiscal Year 1994 (division B of Public Law 103–160; 107 Stat.

1880), shall remain in effect until October 1, 1995, or the date

of the enactment of an Act authorizing funds for military construction for fiscal year 1996, whichever is later.

(b) TABLE.—The tables referred to in subsection (a) is as follows:
S. 2182—388

Navy: Extension of 1991 Project Authorization

State Installation or location Project Amount

Connecticut ...... New London Naval

Submarine Base ........ Thames River Dredging $5,300,000

Air Force: Extension of 1991 Project Authorizations

State Installation or location Project Amount

California .......... Beale Air Force Base .... Student Dormitory ....... $3,650,000

Colorado ............ Buckley Air National

Guard Base ................ Child Development

Center.

$4,550,000

Hawaii .............. Schofield Barracks ....... Combat Arms Training/

Maintenance Facility.

$1,400,000

Defense Agencies: Extension of 1991 Project Authorization

State Location Project Amount

Maryland .......... Defense Logistics Agency, Defense

Reutilization and

Marketing Office,

Fort Meade ................ Covered Storage ........... $9,500,000

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take

effect on the later of—

(1) October 1, 1994; or

(2) the date of the enactment of this Act.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program

and Military Family Housing Changes

SEC. 2801. LIMITATION ON REPAIR OF EXISTING FACILITIES.

(a) APPLICATION OF LIMITATION TO MAJOR REPAIRS.—Section

2811 of title 10, United States Code, is amended to read as follows:

‘‘§ 2811. Repair of facilities

‘‘(a) REPAIRS USING OPERATIONS AND MAINTENANCE FUNDS.—

Using funds available to the Secretary concerned for operation

and maintenance, the Secretary concerned may carry out repair

projects for an entire single-purpose facility or one or more functional areas of a multipurpose facility.
S. 2182—389

‘‘(b) APPROVAL REQUIRED FOR MAJOR REPAIRS.—A repair project

costing more than $5,000,000 may not be carried out under this

section unless approved in advance by the Secretary concerned.

In determining the total cost of a repair project, the Secretary

shall include all phases of a multi-year repair project to a single

facility. In considering a repair project for approval, the Secretary

shall ensure that the project is consistent with force structure

plans, that repair of the facility is more cost effective than replacement, and that the project is an appropriate use of operation and

maintenance funds.

‘‘(c) PROHIBITION ON NEW CONSTRUCTION OR ADDITIONS.—

Construction of new facilities or additions to existing facilities may

not be carried out under the authority of this section.’’.

(b) CLERICAL AMENDMENT.—The item relating to such section

in the table of sections at the beginning of subchapter I of chapter

169 of title 10, United States Code, is amended to read as follows:

‘‘2811. Repair of facilities’’.

SEC. 2802. CLARIFICATION OF REQUIREMENT FOR NOTIFICATION OF

CONGRESS OF IMPROVEMENTS IN FAMILY HOUSING

UNITS.

Section 2825(b) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) The limitation contained in the first sentence of paragraph

(1) does not apply to a project for the improvement of a family

housing unit or units referred to in that sentence if the project

(including the amount requested for the project) is identified in

the budget materials submitted to Congress by the Secretary of

Defense in connection with the submission to Congress of the budget

for a fiscal year pursuant to section 1105 of title 31.’’.

SEC. 2803. LIMITED PARTNERSHIPS FOR NAVY HOUSING.

(a) AUTHORITY FOR HOUSING PARTNERSHIPS.—Subchapter II of

chapter 169 of title 10, United States Code, is amended by adding

at the end the following new section:

‘‘§ 2837. Limited partnerships with private developers of

housing

‘‘(a) LIMITED PARTNERSHIPS.—(1) In order to meet the housing

requirements of members of the naval service, and the dependents

of such members, at a military installation described in paragraph

(2), the Secretary of the Navy may enter into a limited partnership

with one or more private developers to encourage the construction

of housing and accessory structures within commuting distance

of the installation. The Secretary may contribute not less than

five percent, but not more than 35 percent, of the development

costs under a limited partnership.

‘‘(2) Paragraph (1) applies to a military installation under the

jurisdiction of the Secretary at which there is a shortage of suitable

housing to meet the requirements of members and dependents

referred to in such paragraph.

‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.—The Secretary may

also enter into collateral incentive agreements with private developers who enter into a limited partnership under subsection (a)

to ensure that, where appropriate—

‘‘(1) a suitable preference will be afforded members of the

naval service in the lease or purchase, as the case may be,
S. 2182—390

of a reasonable number of the housing units covered by the

limited partnership; or

‘‘(2) the rental rates or sale prices, as the case may be,

for some or all of such units will be affordable for such members.

‘‘(c) SELECTION OF INVESTMENT OPPORTUNITIES.—(1) The Secretary shall use publicly advertised, competitively bid or competitively negotiated, contracting procedures, as provided in chapter

137 of this title, to enter into limited partnerships under subsection

(a).

‘‘(2) When a decision is made to enter into a limited partnership

under subsection (a), the Secretary shall submit a report in writing

to the appropriate committees of Congress on that decision. Each

such report shall include the justification for the limited partnership, the terms and conditions of the limited partnership, a description of the development costs for projects under the limited partnership, and a description of the share of such costs to be incurred

by the Secretary. The Secretary may then enter into the limited

partnership only after the end of the 21-day period beginning on

the date the report is received by such committees.

‘‘(d) ACCOUNT.—(1) There is hereby established on the books

of the Treasury an account to be known as the ‘Navy Housing

Investment Account’.

‘‘(2) There shall be deposited into the Account—

‘‘(A) such funds as may be authorized for and appropriated

to the Account; and

‘‘(B) any proceeds received by the Secretary from the repayment of investments or profits on investments of the Secretary

under subsection (a).

‘‘(3) In such amounts as is provided in advance in appropriation

Acts, the Account shall be available for contracts, investments,

and expenses necessary for the implementation of this section. ‘‘(4) The Secretary may not enter into a contract in connection with a limited partnership under subsection (a) or a collateral

incentive agreement under subsection (b) unless the Account contains sufficient funds, as of the time the contract is entered into,

to satisfy the total obligations to be incurred by the United States

under the contract.

‘‘(e) NAVY HOUSING INVESTMENT BOARD.—(1) The Secretary

of the Navy shall establish a board to be known as the ‘Navy

Housing Investment Board’, which shall have the duties— ‘‘(A) of advising the Secretary regarding those proposed limited partnerships under subsection (a), if any, that are financially and otherwise sound investments for meeting the objectives of this section;

‘‘(B) of administering the Account established under subsection (d); and

‘‘(C) of assisting the Secretary in such other ways as the

Secretary determines to be necessary and appropriate to carry

out this section.

‘‘(2) The Navy Housing Investment Board shall be composed

of seven members appointed for a two-year term by the Secretary.

Among such members, the Secretary may appoint two persons

from the private sector who have knowledge and experience in

the financing and the construction of housing. The Secretary shall

designate one of the members as chairperson of the Board.

‘‘(3) Members of the Navy Housing Investment Board, other

than those members regularly employed by the Federal Govern-
S. 2182—391

ment, may be paid while attending meetings of the Board or otherwise serving at the request of the Secretary, compensation at a

rate equal to the daily equivalent of the minimum annual rate

of basic pay payable for level IV of the Executive Schedule under

section 5315 of title 5 for each day (including travel time) during

which the member is engaged in the actual performance of duties

vested in the Board. Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section

5702 and 5703 of title 5.

‘‘(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the Navy Housing Investment Board.

‘‘(f) REPORT.—Not later than 60 days after the end of each

fiscal year in which the Secretary carries out activities under this

section, the Secretary shall transmit to Congress a report specifying

the amount and nature of the deposits into, and the expenditures

from, the Account during such fiscal year and of the amount and

nature of all other expenditures made pursuant to such section

during such fiscal year.

‘‘(g) TRANSFER OF NAVY LANDS PROHIBITED.—Nothing in this

section shall be construed to permit the Secretary, as part of a

limited partnership entered into under this section, to transfer

the right, title, or interest of the United States in any real property

under the jurisdiction of the Secretary.

‘‘(h) EXPIRATION AND TERMINATION OF AUTHORITIES.—(1) The

authority of the Secretary to enter into a limited partnership under

this section shall expire on September 30, 1999.

‘‘(2) The Navy Housing Investment Board shall terminate on

November 30, 1999.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the

following new item:

‘‘2837. Limited partnerships with private developers of housing.’’.

SEC. 2804. REIMBURSEMENT FOR SERVICES PROVIDED BY THE

DEPARTMENT OF DEFENSE INCIDENT TO CONSTRUCTION, MAINTENANCE, OR REPAIR PROJECTS TO REAL

PROPERTY.

(a) FIXED RATE FOR REIMBURSEMENT FOR CERTAIN SERVICES.—

Section 2205 of title 10, United States Code, is amended—

(1) by inserting ‘‘(a) AVAILABILITY OF REIMBURSEMENTS.—

’’ before the first sentence; and

(2) by adding at the end the following new subsection:

‘‘(b) FIXED RATE FOR REIMBURSEMENT FOR CERTAIN SERVICES.—

The Secretary of Defense and the Secretaries of the military departments may charge a fixed rate for reimbursement of the costs

of providing planning, supervision, administrative, or overhead services incident to any construction, maintenance, or repair project

to real property or for providing facility services, irrespective of

the appropriation financing the project or facility services.’’. (b) CONFORMING AMENDMENTS.—(1) The heading of such section

is amended to read as follows:

‘‘§ 2205. Reimbursements’’.

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

at the beginning of chapter 131 of title 10, United States Code,

is amended to read as follows:

‘‘2205. Reimbursements.’’.
S. 2182—392

SEC. 2805. AUTHORITY TO PAY CLOSING COSTS UNDER HOMEOWNERS

ASSISTANCE PROGRAM.

Section 1013(c) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374(c)) is amended by inserting after the first sentence the following new sentence: ‘‘The Secretary may also pay a person who elects to receive a cash payment

under clause (1) of the preceding sentence an amount that the

Secretary determines appropriate to reimburse the person for the

costs incurred by the person in the sale of the property if the

Secretary determines that such payment will benefit the person

and is in the best interest of the Federal Government.’’.

Subtitle B—Defense Base Closure and

Realignment

SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE CLOSURE

PROCESS OF ADVANCE CONVERSION PLANNING UNDERTAKEN BY POTENTIAL AFFECTED COMMUNITIES.

(a) DEPARTMENT OF DEFENSE RECOMMENDATIONS.—Subsection

(c)(3) of section 2903 of the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101–510; 10

U.S.C. 2687 note) is amended—

(1) by inserting ‘‘(A)’’ before ‘‘In considering’’; and

(2) by adding at the end the following new subparagraphs: ‘‘(B) In considering military installations for closure or realign- ment, the Secretary may not take into account for any purpose

any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an

installation.

‘‘(C) For purposes of subparagraph (B), in the case of a commu- nity anticipating the economic effects of a closure or realignment

of a military installation, advance conversion planning— ‘‘(i) shall include community adjustment and economic diversification planning undertaken by the community before

an anticipated selection of a military installation in or near

the community for closure or realignment; and ‘‘(ii) may include the development of contingency redevelop- ment plans, plans for economic development and diversification,

and plans for the joint use (including civilian and military

use, public and private use, civilian dual use, and civilian

shared use) of the property or facilities of the installation

after the anticipated closure or realignment.’’.

(b) COMMISSION RECOMMENDATIONS.—Subsection (d)(2) of such

section is amended by adding at the end the following new subparagraph: ‘‘(E) In making recommendations under this paragraph, the

Commission may not take into account for any purpose any advance

conversion planning undertaken by an affected community with

respect to the anticipated closure or realignment of a military

installation.’’.

SEC. 2812. CONSULTATION REGARDING PERSONAL PROPERTY

LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED.

(a) CLOSURES UNDER 1988 ACT.—(1) Section 204(b)(3)(D) of

the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note) is
S. 2182—393

amended by adding at the end the following new sentence: ‘‘In

connection with the development of the redevelopment plan for

the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items

of personal property located at the installation, if any, that the

entity desires to be retained at the installation for reuse or redevelopment of the installation.’’.

(b) CLOSURES UNDER 1990 ACT.—Section 2905(b)(3)(D) of the

Defense Base Closure and Realignment Act of 1990 (part A of

title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended

by adding at the end the following new sentence: ‘‘In connection

with the development of the redevelopment plan for the installation,

the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires

to be retained at the installation for reuse or redevelopment of

the installation.’’.

SEC. 2813. CLARIFYING AND TECHNICAL AMENDMENTS TO BASE CLOSURE LAWS.

(a) CLARIFICATION OF SCOPE OF TERMINATION OF AUTHORITY

UNDER 1988 ACT.—Section 202(c) of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100–526; 10 U.S.C. 2687 note) is amended—

(1) by striking out ‘‘The authority’’ and inserting in lieu

thereof ‘‘(1) Except as provided in paragraph (2), the authority’’;

and

(2) by adding at the end the following new paragraph: ‘‘(2) The termination of authority set forth in paragraph (1)

shall not apply to the authority of the Secretary to carry out

environmental restoration and waste management at, or disposal

of property of, military installations closed or realigned under this

title.’’.

(b) USE OF UNOBLIGATED FUNDS IN 1988 ACCOUNT FOR

ENVIRONMENTAL RESTORATION AND PROPERTY DISPOSAL.—Section

207(a)(5) of such Act is amended—

(1) by striking out ‘‘Unobligated funds’’ and inserting in lieu thereof ‘‘(A) Except as provided in subparagraph (B), unobligated funds’’; and (2) by adding at the end the following new subparagraph: ‘‘(B) The Secretary may, after the termination of authority referred to in subparagraph (A), use any unobligated funds referred

to in that subparagraph that are not transferred in accordance

with that subparagraph to carry out environmental restoration

and waste management at, or disposal of property of, military

installations closed or realigned under this title.’’.

(c) CLARIFICATION OF DISPOSAL AUTHORITY.—

(1) UNDER 1988 ACT.—Section 204(b)(1) of such Act is

amended in the matter above paragraph (1) by striking out

‘‘real property and facilities’’ and inserting in lieu thereof ‘‘real

property, facilities, and personal property’’.

(2) UNDER 1990 ACT.—Section 2905(b)(1) of the Defense

Base Closure and Realignment Act of 1990 (part A of title

XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended

in the matter above paragraph (1) by striking out ‘‘real property

and facilities’’ and inserting in lieu thereof ‘‘real property, facilities, and personal property’’.
S. 2182—394

(d) DEFINITION OF REDEVELOPMENT AUTHORITY.—

(1) UNDER 1988 ACT.—Section 209(10) of the Defense

Authorization Amendments and Base Closure and Realignment

Act (Public Law 100–526; 10 U.S.C. 2687 note) is amended

by striking out ‘‘and for’’ and inserting in lieu thereof ‘‘or

for’’.

(2) UNDER 1990 ACT.—Section 2910(9) of the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note) is amended by

striking out ‘‘and for’’ and inserting in lieu thereof ‘‘or for’’.

(3) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) shall take effect as if included in the amendments made by section 2918 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

1927).

(e) CROSS REFERENCE.—

(1) UNDER 1988 ACT.—Section 204(b)(5)(A) of the Defense

Authorization Amendments and Base Closure and Realignment

Act (Public Law 100–526; 10 U.S.C. 2687 note) is amended

by striking out ‘‘subsection (b)(1)’’ and inserting in lieu thereof

‘‘paragraph (1)’’.

(2) UNDER 1990 ACT.—Section 2905(b)(5)(A) of the Defense

Base Closure and Realignment Act of 1990 (part A of title

XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended

by striking out ‘‘subsection (b)(1)’’ and inserting in lieu thereof

‘‘paragraph (1)’’.

SEC. 2814. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED

MILITARY INSTALLATIONS.

(a) AUTHORIZATION TO RENT BASE CLOSURE PROPERTIES.—To

promote the rapid conversion of military installations that are closed

pursuant to a base closure law, the Administrator of the General

Services may give priority consideration, when leasing space in

accordance with the Public Buildings Act of 1959 (40 U.S.C. 601

et seq.) and the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 471 et seq.), to facilities of such an installation

that have been acquired by a non-Federal entity. (b) BASE CLOSURE LAW DEFINED.—For purposes of this section,

the term ‘‘base closure law’’ means each of the following: (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note).

(2) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100–526; 10

U.S.C. 2687 note).

SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FUTURE

MOBILIZATION OPTIONS.

(a) REPORT REQUIRED.—The Secretary of Defense shall prepare

a report evaluating the effect of base closures and realignments

conducted since January 1, 1987, on the ability of the Armed

Forces to remobilize to the end strength levels authorized for fiscal

year 1987 by sections 401, 403, 411, 412, and 421 of the National

Defense Authorization Act for Fiscal Year 1987 (Public Law 99–

661; 100 Stat. 3859). The report shall identify those military

construction projects, if any, that would be necessary to facilitate

such remobilization and any defense assets disposed of under a
S. 2182—395

base closure or realignment, such as air space, that would be

difficult to reacquire in the event of such remobilization.

(b) TIME FOR SUBMISSION.—Not later than January 31, 1996,

the Secretary shall submit to the congressional defense committees

the report required by this section.

SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN EMPLOYEES IN CONNECTION WITH CERTAIN BASE

REALIGNMENTS.

(a) RESTORATION REQUIRED.—Section 6304(d)(3) of title 5,

United States Code, is amended—

(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;

(2) by striking ‘‘closure of’’ and inserting ‘‘closure of, and

any realignment with respect to,’’; and

(3) by adding at the end the following new subparagraph:

‘‘(B) For the purpose of subparagraph (A), the term ‘realignment’ means a base realignment (as defined in subsection (e)(3)

of section 2687 of title 10) that meets the requirements of subsection

(a)(2) of such section.’’.

(b) APPLICATION OF AMENDMENTS.—The amendments made by

subsection (a) shall apply only with respect to the restoration of

annual leave of employees at military installations undergoing

realignment if such leave is lost by operation of section 6304 of

title 5, United States Code, on or after the date of the enactment

of this Act.

SEC. 2817. AGREEMENTS OF SETTLEMENT FOR RELEASE OF IMPROVEMENTS AT OVERSEAS MILITARY INSTALLATIONS.

(a) AGREEMENTS SUBJECT TO OMB REVIEW.—Subsection (g)

of section 2921 of the Military Construction Authorization Act for

Fiscal Year 1991 (division B of Public Law 101–510; 10 U.S.C.

2687 note) is amended by inserting after the first sentence the

following: ‘‘The prohibition set forth in the preceding sentence shall

apply only to agreements of settlement for improvements having

a value in excess of $10,000,000.’’.

(b) REPORTS TO CONGRESS.—Such subsection is further amended—

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’;

and

(2) by adding at the end the following: ‘‘(2) Each year, the Secretary shall submit to the Committees

on Armed Services of the Senate and House of Representatives

a report on each proposed agreement of settlement that was not

submitted by the Secretary to the Director of the Office of Management and Budget in the previous year under paragraph (1) because

the value of the improvements to be released pursuant to the

proposed agreement did not exceed $10,000,000.’’.

Subtitle C—Changes to Existing Land

Conveyance Authority

SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA.

Section 2834(b) the Military Construction Authorization Act

for Fiscal Year 1993 (division B of Public Law 102–484; 106 Stat.

2614) is amended—
S. 2182—396

(1) in paragraph (1)— (A) by striking out ‘‘City’’ the second place it appears and inserting in lieu thereof ‘‘Cities’’; and (B) by inserting ‘‘the City of Alameda, California,’’ after ‘‘California,’’ the first place it appears; and

(2) in paragraphs (2) and (3), by striking out ‘‘City’’ each place it appears and inserting in lieu thereof ‘‘Cities’’.

SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT A.P. HILL

MILITARY RESERVATION, VIRGINIA.

(a) PARTICIPATION OF ADDITIONAL POLITICAL SUBDIVISIONS IN

REGIONAL CORRECTIONAL FACILITY.—Subparagraph (B) of sub- section (c)(3) of section 603 of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public

Law 102–25; 105 Stat. 108) is amended to read as follows:

‘‘(B) Subparagraph (A) shall not be construed to prohibit any political subdivision not named in such subparagraph from— ‘‘(i) participating initially in the written agreement referred to in paragraph (2); or ‘‘(ii) agreeing at a later date to participate as a member of the governmental entity referred to in paragraph (2)(A),

or by contract with such entity, in the construction or operation

of the regional facility to be constructed on the parcel of land

conveyed under this section.’’.

(b) TIME FOR CONSTRUCTION AND OPERATION OF CORRECTIONAL

FACILITY.—(1) Subsection (d)(1)(A)(i) of such section is amended

by striking out ‘‘not later than 24 months after the date of the

enactment of this Act’’ and inserting in lieu thereof ‘‘not later

than April 1, 1997’’. (2) The Secretary of the Army shall provide the recipient of the conveyance of property under section 603 of such Act with

such legal instrument as is appropriate to modify, in accordance

with the amendment made by paragraph (1), any statement of

conditions contained in any existing instrument which conveyed

the property to that recipient. The Secretary shall record the

instrument in the appropriate office or offices of the Commonwealth

of Virginia or political subdivision within the Commonwealth.

SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS, NAVAL

WEAPONS INDUSTRIAL RESERVE PLANT, NEW YORK, AS

NATURE PRESERVE.

(a) PRESERVATION AS NATURE PRESERVE REQUIRED.—Section

2854 of the Military Construction Authorization Act for Fiscal Year

1993 (division B of Public Law 102–484; 106 Stat. 2626) is amended—

(1) by redesignating subsections (a) and (b) as subsections (c) and (d), respectively; and (2) by inserting before subsection (c), as so redesignated, the following new subsections:

‘‘(a) PURPOSE.—It is the purpose of this section to ensure that

the Calverton Pine Barrens is maintained and preserved, in

perpetuity, as a nature preserve in its current undeveloped state.

‘‘(b) PROHIBITION ON INCONSISTENT DEVELOPMENT.—The Secretary of the Navy shall not carry out or permit any development,

commercial or residential, at the Calverton Pine Barrens that is

inconsistent with the purpose specified in subsection (a).’’.

(b) CONFORMING AMENDMENTS.—Subsection (c) of such section,

as redesignated by subsection (a)(1), is amended—
S. 2182—397

(1) by striking out ‘‘PROHIBITION.—’’ and inserting in lieu

therefore ‘‘REVERSIONARY INTEREST.—’’; and

(2) by striking out ‘‘for commercial purposes’’ and all that

follows through the period and inserting in lieu thereof ‘‘in

a manner inconsistent with the purpose specified in subsection

(a) (as determined by the head of the department or agency

making the conveyance).’’.

SEC. 2824. RELEASE OF REVERSIONARY INTEREST RETAINED AS PART

OF CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM, FORT DIX, NEW JERSEY.

Section 2846 of the Military Construction Authorization Act

for Fiscal Year 1994 (division B of Public Law 103–160; 107 Stat.

1904) is amended—

(1) by striking out subsection (f); and

(2) by redesignating subsections (g) and (h) as subsections

(f) and (g), respectively.

SEC. 2825. MODIFICATION OF LAND CONVEYANCE, FORT KNOX, KENTUCKY.

Section 2816 of the Military Construction Authorization Act

for Fiscal Years 1990 and 1991 (division B of Public Law 101–

189; 103 Stat. 1655) is amended—

(1) in subsection (c)(1), by striking out ‘‘for the construction

of up to four units of military family housing at Fort Knox,

Kentucky’’ and inserting in lieu thereof ‘‘for improvements to

military family housing at Fort Knox, Kentucky, in an amount

not to exceed $255,000’’;

(2) by striking out subsection (d); and

(3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

SEC. 2826. REVISIONS TO RELEASE OF REVERSIONARY INTEREST, OLD

SPANISH TRAIL ARMORY, HARRIS COUNTY, TEXAS.

(a) CLERICAL AMENDMENTS.—Section 2820 of the Military Construction Authorization Act for Fiscal Year 1994 (division B

of Public Law 103–160; 107 Stat. 1894) is amended—

(1) in subsection (a), by striking out ‘‘1936’’ and inserting

in lieu thereof ‘‘1956’’; and

(2) in subsection (b)(1), by striking out ‘‘value’’ and inserting

in lieu thereof ‘‘size’’.

(b) PAYMENT FOR SURVEY.—Subsection (c) of such section is

amended by adding at the end the following new sentence: ‘‘The

cost of the survey shall be borne by the State of Texas.’’.

SEC. 2827. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION

EASEMENT.

(a) MODIFICATION.—Section 6 of the Act of July 2, 1948 (62

Stat. 1229), as added by section 2862 of the Military Construction

Authorization Act for Fiscal Year 1991 (division B of Public Law

101–510; 104 Stat. 1805), is amended by adding at the end the

following new sentence: ‘‘In addition, such height restriction shall

not apply to the structure proposed to be constructed on a parcel

of real property that is within the area conveyed under this Act

and is identified as 1110 Santa Rosa Boulevard, Fort Walton Beach,

Florida, so long as the proposed structure upon completion does

not exceed a height of 155 feet above mean low-water level.’’.
S. 2182—398

(b) INSTRUMENT OF RELEASE.—The Secretary of the Air Force

shall execute and file in the appropriate office any instrument

necessary to effect the modification of the avigation easement

referred to in the amendment made by subsection (a).

SEC. 2828. TECHNICAL AMENDMENT TO CORRECT REFERENCE IN

LAND TRANSACTION.

Section 2842(c) of the Military Construction Authorization Act

for Fiscal Year 1994 (division B of Public Law 103–160; 107 Stat.

1898) is amended by striking out ‘‘Washington Gas Company’’ and

inserting in lieu thereof ‘‘American Water Company’’.

Subtitle D—Land Conveyances

SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3, TULSA, OKLAHOMA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey, without consideration, to the City of Tulsa, Oklahoma

(in this section referred to as the ‘‘City’’), all right, title, and interest

of the United States in and to a parcel of real property, including

any improvements thereon, which consists of approximately 337

acres located in Tulsa, Oklahoma, and is known as Air Force

Plant No. 3. The Secretary may also convey facilities, equipment,

and fixtures (including special tooling and special test equipment)

located on the parcel to be conveyed if the Secretary determines

that manufacturing activities requiring the use of such facilities,

equipment, and fixtures are likely to continue or be reinstated

on the parcel after conveyance of the parcel.

(b) LEASE AUTHORITY.—Until such time as the real property

described in subsection (a) is conveyed by deed, the Secretary may

lease the property, along with improvements thereon, to the City

in exchange for security services, fire protection, and maintenance

provided by the City for the property.

(c) CONDITION OF CONVEYANCE.—The conveyance authorized

under subsection (a) shall be subject to the condition that the

City, directly or through an agreement with a public or private

entity, use the conveyed property (or offer the conveyed property

for use) for economic redevelopment to replace all or a part of

the economic activity being lost at the parcel.

(d) REVERSIONARY INTEREST.—During the 5-year period beginning on the date the Secretary makes the conveyance authorized

under subsection (a), if the Secretary determines that the conveyed

real property is not being used in accordance with subsection (c),

all right, title, and interest in and to the property (including any

facilities, equipment, or fixtures conveyed) shall revert to the United

States, and the United States shall have the right of immediate

entry onto the property. Any determination of the Secretary under

this subsection shall be made on the record after an opportunity

for a hearing. (e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of such survey shall be borne by the City.

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) or a lease under subsection
S. 2182—399

(b) as the Secretary considers appropriate to protect the interests

of the United States.

SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59, JOHNSON

CITY (WESTOVER), NEW YORK.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey, without consideration, to the Broome County Industrial

Development Agency (in this section referred to as the ‘‘Agency’’),

all right, title, and interest of the United States in and to a parcel

of real property, including any improvements thereon, containing

Air Force Plant No. 59, Johnson City (Westover), New York. The

Secretary may also convey facilities, equipment, and fixtures

(including special tooling and special test equipment) located on

the parcel to be conveyed if the Secretary determines that manufacturing activities requiring the use of such facilities, equipment,

and fixtures are likely to continue or be reinstituted on the parcel

after conveyance of the parcel.

(b) LEASE AUTHORITY.—Until such time as the real property

described in subsection (a) is conveyed by deed, the Secretary may

lease the property, along with improvements thereon, to the Agency

in exchange for security services, fire protection, and maintenance

provided by the Agency for the property.

(c) CONDITION OF CONVEYANCE.—The conveyance authorized

under subsection (a) shall be subject to the condition that the

Agency, directly or through an agreement with another public or

private entity, use the conveyed property (or offer the conveyed

property for use) for economic redevelopment to replace all or a

part of the economic activity being lost at Air Force Plant No.

59.

(d) REVERSIONARY INTEREST.—During the 5-year period beginning on the date the Secretary makes the conveyance authorized

under subsection (a), if the Secretary determines that the conveyed

real property is not being used in accordance with subsection (c),

all right, title, and interest in and to the property (including any

facilities, equipment, or fixtures conveyed) shall revert to the United

States, and the United States shall have the right of immediate

entry onto the property. Any determination of the Secretary under

this subsection shall be made on the record after an opportunity

for a hearing. (e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of such survey shall be borne by the Agency. (f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) or a lease under subsection

(b) as the Secretary considers appropriate to protect the interests

of the United States.

SEC. 2833. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL

RESERVE PLANT, CALVERTON, NEW YORK.

(a) IN GENERAL.—The Secretary of the Navy may convey, without consideration, to the Community Development Agency of the

Town of Riverhead, New York (in this section referred to as the

‘‘Community Development Agency’’), all right, title and interest

of the United States in and to a parcel of land, and improvements

thereon, consisting of approximately 2,900 acres and comprising
S. 2182—400

a portion of the Naval Weapons Industrial Reserve Plant, Calverton,

New York.

(b) CONDITION OF CONVEYANCE.—(1) The conveyance authorized

under subsection (a) shall be subject to the condition that the

Community Development Agency, directly or through an agreement

with another public or private entity, use the conveyed property

(or offer the conveyed property for use) for economic redevelopment

to replace all or a part of the economic activity lost at the Naval

Weapons Industrial Reserve Plant.

(2) The Community Development Agency shall carry out economic redevelopment under paragraph (1) in accordance with any

redevelopment plan or plans prepared with respect to the Naval

Weapons Industrial Reserve Plant by a planning commission that

represents entities or organizations having an interest in land use

in the region in which the plant is located.

(c) REVERSIONARY INTEREST.—During the 5-year period beginning on the date the Secretary makes the conveyance authorized

under subsection (a), if the Secretary determines that the conveyed

real property is not being used in accordance with subsection (b)(1),

all right, title and interest in and to the property, including improvements thereon, shall revert to the United States, and the United

States shall have the right of immediate entry onto the property.

Any determination of the Secretary under this subsection shall

be made on the record after an opportunity for a hearing.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of such survey shall be borne by the Community Development Agency.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance authorized by subsection (a) as the Secretary considers to be necessary to protect the interests of the United States.

SEC. 2834. LAND CONVEYANCE, RADAR BOMB SCORING SITE, DICKINSON, NORTH DAKOTA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey, without consideration, to the North Dakota Board

of Higher Education (in this section referred to as the ‘‘Board’’)

all right, title, and interest of the United States in and to a parcel

of real property (including any improvements thereon) consisting

of approximately 4 acres located in Dickinson, North Dakota, which

has served as the location of a support complex, recreational facilities, and housing facilities for the Radar Bomb Scoring Site, Dickinson, North Dakota.

(b) CONDITION OF CONVEYANCE.—The conveyance authorized

under subsection (a) shall be subject to the condition that the

Board—

(1) use the property, recreational facilities, and housing

facilities conveyed under such subsection for housing, recreation, and other purposes that, as determined by the Secretary,

will promote and enhance educational opportunities provided

by Dickinson State University; or

(2) enter into an agreement with an appropriate public

or private entity to lease such property and facilities to that

entity for such uses.
S. 2182—401

(c) REVERSIONARY INTEREST.—During the 5-year period beginning on the date the Secretary makes the conveyance authorized

under subsection (a), if the Secretary determines that the conveyed

property is not being used in accordance with subsection (b), all

right, title, and interest in and to the conveyed property, including

any improvements thereon, shall revert to the United States, and

the United States shall have the right of immediate entry onto

the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a

hearing.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property conveyed under this section shall be

determined by a survey satisfactory to the Secretary. The cost

of such survey shall be borne by the Board.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2835. LAND CONVEYANCE, FINLEY AIR FORCE STATION, FINLEY

NORTH DAKOTA.

(a) CONVEYANCE AUTHORIZED.—(1) Subject to subsection (c),

the Secretary of the Air Force may convey, without consideration,

to the City of Finley, North Dakota (in this section referred to

as the ‘‘City’’), with the consent of the City, all right, title, and

interest of the United States in and to a parcel of real property

consisting of approximately 12 acres, including improvements

thereon, located 1.5 miles west of Finley, North Dakota, which

has served as a support complex, recreational facilities, and housing

facilities for the Finley Air Force Station and Radar Site, Finley,

North Dakota.

(2) The parcel of property to be conveyed under paragraph (1) shall include real property referred to in that paragraph that

is the location of a housing complex, the location of a waste water

treatment system, and the former site of a trailer court. (3) The purpose of the conveyance authorized under paragraph (1) is to encourage and facilitate economic redevelopment of Finley,

North Dakota, following the closure of the Air Force Station and

Radar Site.

(b) CONDITION OF CONVEYANCE.—The conveyance required under subsection (a)(1) shall be subject to the condition that the

City— (1) use the property and recreational facilities conveyed

under that subsection for housing and recreation purposes;

or

(2) enter into an agreement with an appropriate public

or private entity or person to sell or lease the property and

facilities to that entity or person for such uses.

(c) EFFECTIVE DATE OF CONVEYANCE.—The conveyance required

under subsection (a)(1) shall occur, if at all, not earlier than January

1, 1995, and not later than June 30, 1995.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a)(1) shall be determined by a survey satisfactory to the Secretary.

The cost of such survey shall be borne by the City.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with
S. 2182—402

the conveyance under subsection (a)(1) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2836. LAND CONVEYANCE, CORNHUSKER ARMY AMMUNITION

PLANT, HALL COUNTY, NEBRASKA.

(a) CONVEYANCE AUTHORIZED.—Subject to subsection (b), the Secretary of the Army may convey to the Hall County, Nebraska,

Board of Supervisors (in this section referred to as the ‘‘Board’’),

or the designee of the Board, all right, title and interest of the

United States in and to the real property, together with any

improvements thereon, located in Hall County, Nebraska, that is

the site of the Cornhusker Army Ammunition Plant. (b) REQUIREMENT RELATING TO CONVEYANCE.—The Secretary may not carry out the conveyance authorized under subsection

(a) until the Secretary completes any environmental restoration

required with respect to the property to be conveyed. (c) UTILIZATION OF PROPERTY.—The Board or its designee, as the case may be, shall utilize the real property conveyed under

subsection (a) in a manner consistent with the Cornhusker Army

Ammunition Plant Reuse Committee Comprehensive Reuse Plan. (d) CONSIDERATION.—In consideration for the conveyance under subsection (a), the Board or its designee, as the case may be,

shall pay to the United States an amount equal to the fair market

value of the real property to be conveyed, as determined by the

Secretary. (e) USE OF PROCEEDS.—(1) The Secretary shall deposit in the special account established under section 204(h)(2) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

485(h)(2)) the amount received from the Board or its designee

under subsection (d).

(2) Notwithstanding subparagraph (A) of such section 204(h)(2), the Secretary may use the entire amount deposited in the special

account under paragraph (1) for the purposes set forth in subparagraph (B) of such section 204(h)(2). (f) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property conveyed under this section shall be

determined by a survey satisfactory to the Secretary. The cost

of the survey shall be borne by the Board or its designee, as

the case may be. (g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2837. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITION

PLANT, MINERAL COUNTY, NEVADA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may convey, without consideration, to Mineral County, Nevada, all right,

title, and interest of the United States in and to a parcel consisting

of approximately 440 acres located at the Hawthorne Army

Ammunition Plant, Mineral County, Nevada, and commonly

referred to as the Babbitt Housing Site.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of the survey shall be borne by Mineral County, Nevada. (c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with
S. 2182—403

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2838. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may convey, without consideration, to the City of Edison, New Jersey

(in this section referred to as the ‘‘City’’), all right, title, and interest

of the United States in and to a parcel of real property (including

improvements thereon) included on the real property inventory

of Fort Dix, New Jersey, which consists of approximately 10 acres

and contains recreational fields and an unused garage identified

as building 1072 on the real property inventory. (b) CONDITION OF CONVEYANCE.—The conveyance required by subsection (a) shall be subject to the condition that the City— (1) maintain and use the recreational fields conveyed under such subsection for recreational purposes; and (2) permit the women’s softball team known as the Edison Angels (and any successor to such team) to continue to use

such recreational fields on the same terms and conditions as

contained in the agreement between the team and the Secretary, in existence on the date of the enactment of this Act.

(c) REVERSIONARY INTEREST.—If the Secretary determines that the City is not complying with the conditions specified in subsection

(b), all right, title, and interest of the City in and to the property

conveyed under subsection (a) (including improvements thereon)

shall revert to the United States, and the United States shall

have the right of immediate reentry on the property. (d) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of such survey shall be borne by the City. (e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2839. LAND CONVEYANCE, DEFENSE FUEL SUPPLY POINT, CASCO

BAY, MAINE.

(a) CONVEYANCE AUTHORIZED.—Subject to subsection (b), the Secretary of the Navy may convey, without consideration, to the

Town of Harpswell, Maine (in this section referred to as the ‘‘Town’’),

all right, title, and interest of the United States in and to a parcel

of real property, together with any improvements (other than underground fuel storage facilities and above-ground fuel storage facilities) thereon and the pier associated therewith, consisting of

approximately 118 acres and located in Harpswell, Maine, the location of the Defense Fuel Supply Point, Casco Bay, Maine. (b) REQUIREMENTS RELATING TO CONVEYANCE.—The Secretary may not make the conveyance authorized under subsection (a)

until the Secretary of Defense— (1) completes the removal from the parcel of all underground fuel storage facilities and above-ground fuel storage

facilities; and

(2) notifies the Secretary of the Navy that the Secretary

of Defense has carried out the requirements set forth in section

120(h) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)) with

respect to the parcel.
S. 2182—404

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property conveyed under subsection (a) shall

be determined by a survey satisfactory to the Secretary of the

Navy. The cost of the survey shall be borne by the Town. (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary

considers appropriate to protect the interests of the United States.

SEC. 2840. LAND CONVEYANCE, ARMY RESERVE FACILITY, RIO VISTA,

CALIFORNIA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may convey to the City of Rio Vista, California (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United States

in and to a parcel of real property (including improvements thereon)

containing the Reserve training facility located in Rio Vista, California.

(b) CONDITION OF CONVEYANCE.—The conveyance authorized under subsection (a) shall be subject to the condition that the

City use the property for recreational purposes. (c) CONSIDERATION.—In recognition of the public use to which the conveyed property will be devoted, the Secretary may require

the City to pay to the United States an amount equal to less

than the fair market value of the property, as determined by the

Secretary, as consideration for the conveyance under subsection

(a).

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property to be conveyed under subsection (a)

shall be determined by a survey that is satisfactory to the Secretary.

The cost of such survey shall be borne by the City. (e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2841. LEASE OF PROPERTY, NAVAL SHIPYARD, VALLEJO,

CALIFORNIA.

(a) LEASE AUTHORIZED.—The Secretary of the Navy may lease, without consideration, to the City of Vallejo, California (in this

section referred to as the ‘‘City’’), the real property (including

improvements thereon) described in subsection (b), which is located

on Mare Island in Vallejo, California, and is currently under the

control of Mare Island Naval Shipyard Command. (b) COVERED PROPERTY.—The parcel of real property to be leased under subsection (a) shall consist of all existing active dredge

ponds and nontidal areas on Mare Island under the jurisdiction

of the Navy, except that the parcel shall not include the nontidal

areas identified in figure 3 of the Memorandum of Understanding

between the United States Fish and Wildlife Service and Mare

Island Naval Shipyard, dated July 28, 1988. (c) LEASE TERMS.—The lease authorized under subsection (a)—

(1) may be for a period of not more than 15 years; and

(2) shall provide that the City—

(A) retain environmental responsibility for all actions

of the City on the property subject to the lease; and

(B) hold harmless, indemnify, and defend the United

States from and against any suit, claim, demand or action,

liability, judgment, cost or other fee arising out of any
S. 2182—405

claim for injury or damage that results from, or is in

any manner predicated upon activities of the City on the

leased property during the term of the lease. (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with

the lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2842. LEASE OF PROPERTY, NAVAL RADIO RECEIVING FACILITY,

IMPERIAL BEACH, CORONADO, CALIFORNIA.

(a) LEASE AUTHORIZED.—The Secretary of the Navy may lease to the Young Men’s Christian Association of San Diego County,

a California nonprofit public benefit corporation (in this section

referred to as the ‘‘YMCA’’), such interests in a parcel of real

property (including any improvements thereon) consisting of

approximately 45 acres at the Naval Radio Receiving Facility, Imperial Beach, Coronado, California, as the Secretary considers appropriate for the YMCA to operate and maintain a summer youth

residence camp known as the YMCA San Diego Unified Recreational

Facility (Camp SURF). Pursuant to the lease, the Secretary may

authorize the YMCA to construct facilities on the parcel. (b) LEASE TERMS.—The lease authorized in subsection (a) shall

be for a period of 50 years, or such longer period as the Secretary

determines to be in the best interests of the United States.

(c) CONSIDERATION.—As consideration for the lease of real prop- erty under subsection (a), the YMCA shall— (1) agree to maintain and enhance the natural resources of the leased premises; and (2) pay to the United States an amount in cash equal to the difference between the rental price prescribed by the

Secretary under subsection (d) and the value of natural

resources maintenance and enhancements performed by the

YMCA, as determined by the Secretary.

(d) DETERMINATION OF RENTAL PRICE.—Acknowledging the benefits the YMCA has provided to the Armed Forces and the

specific benefits Camp SURF provides to the children of San Diego,

the Secretary may prescribe a rental price for the real property

leased under subsection (a) that is less than fair market rental

value.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with

the lease under subsection (a) as the Secretary considers appropriate to protect the operation of the Naval Radio Receiving Facility,

Imperial Beach, and to protect the interests of the United States.

SEC. 2843. AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT HUENEME, CALIFORNIA, TO USE CERTAIN NAVY PROPERTY.

(a) JOINT USE AGREEMENT AUTHORIZED.—The Secretary of the Navy may enter into an agreement with the Oxnard Harbor District,

Port Hueneme, California, a special district of the State of California

(in this section referred to as the ‘‘District’’), under which the

District may use United States Navy Wharf Number 3 and associated real property comprising up to 25 acres located at the Naval

Construction Battalion Center, Port Hueneme, California (in this

section referred to as the ‘‘Center’’).

(b) TERM OF AGREEMENT.—The agreement authorized under subsection (a) may be for an initial period of not more than 15

years. Under the agreement, the Secretary shall provide the District
S. 2182—406

with an option to extend the agreement for three additional periods

of 5 years each.

(c) RESTRICTIONS ON USE.—The agreement authorized under

subsection (a) shall require the District—

(1) to suspend operations under the agreement in the event

Navy contingency operations are conducted at the Center; and

(2) to use the property covered by the agreement in a

manner consistent with Navy operations conducted at the Center.

(d) CONSIDERATION.—(1) As consideration for the use of the

property covered by the agreement under subsection (a), the District

shall pay to the Navy an amount equal to the fair market rental

value of the property, as determined by the Secretary taking into

consideration the District’s use of the property.

(2) The Secretary may include a provision in the agreement

requiring the District—

(A) to pay the Navy an amount (as determined by the

Secretary) to cover the costs of replacing at the Center any

facilities vacated by the Navy on account of the agreement

or to construct suitable replacement facilities for the Navy;

and

(B) to pay the Navy an amount (as determined by the

Secretary) for the costs of relocating Navy operations from

the vacated facilities to the replacement facilities.

(e) CONGRESSIONAL NOTIFICATION.—The Secretary may not

enter into the agreement authorized by subsection (a) until the

end of the 21-day period beginning on the date on which the

Secretary submits to Congress a report containing an explanation

of the terms of the proposed agreement and a description of the

consideration that the Secretary expects to receive under the agreement.

(f) USE OF PAYMENT.—(1) In such amounts as is provided in

advance in appropriation Acts, the Secretary may use amounts

paid under subsection (d)(1) to pay for general supervision, administration, and overhead expenses and for improvement, maintenance,

repair, construction, or restoration to the port operations area (or

to roads and railways serving the area) at the Center.

(2) In such amounts as is provided in advance in appropriation

Acts, the Secretary may use amounts paid under subsection (d)(2)

to pay for constructing new facilities, or making modifications to

existing facilities, that are necessary to replace facilities vacated

by the Navy on account of the agreement under subsection (a)

and for relocating operations of the Navy from the vacated facilities

to replacement facilities.

(g) CONSTRUCTION BY DISTRICT.—The Secretary may authorize

the District to demolish existing facilities located on the property

covered by the agreement under subsection (a) and, consistent

with the restriction specified in subsection (c)(2), construct new

facilities on the property for joint use by the District and the

Navy.

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the agreement authorized under subsection (a) as the Secretary

considers appropriate to protect the interests of the United States.
S. 2182—407

SEC. 2844. TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT

RADAR BOMB SCORING SITE, HOLBROOK, ARIZONA.

(a) TRANSFER AUTHORIZED.—As part of the closure of an Air

Force Radar Bomb Scoring Site located near Holbrook, Arizona,

the Secretary of the Air Force may transfer, without reimbursement,

the administrative jurisdiction, accountability, and control of the

housing units and associated support facilities used in connection

with the site to the Secretary of the Interior for use in connection

with Petrified Forest National Park.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be transferred under subsection

(a) shall be determined by a survey satisfactory to the Secretary

of the Air Force and the Secretary of the Interior. (c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the

Air Force may require such additional terms and conditions in

connection with the transfer of real property under subsection (a)

as the Secretary considers appropriate.

SEC. 2845. TRANSFER OF JURISDICTION, HOLLOMAN AIR FORCE BASE,

NEW MEXICO.

(a) IN GENERAL.—Subject to subsections (c) through (g), not

later than 90 days after the date of enactment of this Act, the

Secretary of the Interior shall transfer to the Department of the

Air Force, without reimbursement, jurisdiction and control of

approximately 1,262 acres of public lands described in subsection

(b). Such public lands are located in Otero County, New Mexico,

and are contiguous to Holloman Air Force Base.

(b) DESCRIPTION OF LANDS TRANSFERRED.—The lands described

in this subsection are as follows:

(1) T17S, R8E, Section 21: S1⁄2 N1⁄2: 160 acres

E1⁄2 NW1⁄4 NE1⁄4: 20 acres

NE1⁄4 NE1⁄4: 40 acres

(2) T17S, R8E, Section 22: W1⁄2: 320 acres

W1⁄2 E1⁄2: 160 acres

(3) T17S, R8E, Section 27: All that part north of New Mexico

Highway 70 except for the E1⁄2

E1⁄2

192 acres

more or

less

(4) T17S, R8E, Section 28: NE1⁄4: 160 acres

N1⁄2 SE1⁄4: 80 acres

SW1⁄4 SE1⁄4: 40 acres

W1⁄2 SE1⁄4 SE1⁄4: 20 acres

(5) T17S, R8E, Section 33: NW1⁄4 NE1⁄4: 40 acres

NW1⁄4 NE1⁄4 NE1⁄4: 10 acres

W1⁄2 SW1⁄4 NE1⁄4: 20 acres

(c) USE OF TRANSFERRED LAND.—The lands transferred to the

Department of the Air Force under subsection (a) shall be used

by the Secretary of the Air Force for the construction of new

evaporation ponds to support a wastewater treatment facility that

the Secretary shall construct at Holloman Air Force Base.

(d) CATTLE GRAZING RIGHTS.—

(1) IN GENERAL.—The United States recognizes a grazing

preference on the lands transferred to the Department of the

Air Force under subsection (a).

(2) ADJUSTMENT OF GRAZING ALLOTMENT.—(A) The Secretary of the Air Force shall take such action as is necessary

to ensure that—

(i) the boundary of the grazing allotment that contains

the lands transferred to the Department of the Air Force

is adjusted in such manner as to retain the portion of
S. 2182—408

the allotment located south of United States Highway 70

in New Mexico and remove the portion of the lands that

is located north of such highway; and

(ii) the grazing preference referred to in paragraph

(1) is retained by means of transferring the preference

for the area removed from the allotment under subparagraph (A) to public lands located south of such highway.

(B) The Secretary of the Air Force shall offer to enter

into an agreement with each person who holds a permit for

grazing on the lands transferred to the Department of the

Air Force at the time of the transfer to provide for the continued

grazing by livestock on the portion of the lands located south

of such highway.

(e) ADDITIONAL REQUIREMENTS.—

(1) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.—The

Secretary of the Air Force shall ensure that the transfer made

pursuant to subsection (a) and the use specified in subsection

(c) meet any applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) ENVIRONMENTAL LAWS.—The Secretary of the Air Force

shall use and manage the lands transferred under the authority

in subsection (a) in such manner as to ensure compliance with

applicable environmental laws (including regulations) of the

Federal Government and State of New Mexico, and political

subdivisions thereof.

(3) RESPONSIBILITY FOR CLEANUP OF HAZARDOUS SUBSTANCES.—Upon the transfer of the lands under subsection

(a), the Secretary of the Air Force shall assume any existing

or subsequent responsibility for the cost of response for release

of hazardous substances (as defined in section 101(14) of the

Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9601(14))) located on or within

the lands transferred.

(4) MINING.—The transfer of lands under subsection (a)

shall be made in such manner as to ensure the continuation

of valid, existing rights under the mining laws and the mineral

leasing and geothermal leasing laws of the United States. Subject to the preceding sentence, upon the transfer of the lands,

mining and mineral management activities shall be carried

out in the lands in a manner consistent with the policies

of the Department of Defense concerning mineral exploration

and extraction on lands under the jurisdiction of the Department.

(f) RIGHTS-OF-WAY.—The transfer of lands under subsection

(a) shall not affect the following rights-of-way:

(1) The right-of-way granted to the Otero County Electric Cooperative, numbered NMNM 58293.

(2) The right-of-way granted to U.S. West Corporation,

numbered NMNM 59261.

(3) The right-of-way granted to the Highway Department of the State of New Mexico, numbered LC0 54403.

(g) PUBLIC ACCESS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary of the Air Force shall permit public access to the

lands transferred under subsection (a).

(2) CONSTRUCTION SITE.—The Secretary of the Air Force

may not permit public access to the immediate area affected
S. 2182—409

by the construction of a wastewater treatment facility in the

area with the legal description of T17S, R8E, Section 22, except

that the Secretary of the Air Force shall permit public access

on an adjoining unfenced parcel of land—

(A) located along the west boundary of such area; and

(B) that is 50 feet in width.

(3) PUBLIC USES.—Except as provided in paragraph (2),

the Secretary of the Air Force shall permit, on the lands transferred under subsection (a), public uses that are consistent

with the public uses on adjacent lands under the jurisdiction

of the Secretary of the Interior.

(4) PERMIT NOT REQUIRED.—The Secretary of the Air Force

may not require a permit for access authorized under this

subsection to the lands transferred under subsection (a).

(5) ENTRY GATE.—The Secretary of the Air Force shall

ensure that the entry gate to the lands transferred under

subsection (a) that is located along United States Highway

70 shall be open to the public.

SEC. 2846. TRANSFER OF JURISDICTION, FORT DEVENS, MASSACHUSETTS.

(a) TRANSFER AUTHORIZED.—The Secretary of the Army may

transfer, without reimbursement, administrative jurisdiction of

approximately 800 acres of land at Fort Devens, Massachusetts,

to the Secretary of the Interior for inclusion in the Oxbow National

Wildlife Refuge, Massachusetts. The exact acreage of the land subject to the transfer shall be jointly determined by the Secretary

of the Army and the Secretary of the Interior, in consultation

with the Joint Boards of Selectmen of the towns of Harvard, Ayer,

Shirley, and Lancaster in the State of Massachusetts and the

Massachusetts Land Bank.

(b) ADMINISTRATION OF LAND.—The Secretary of the Interior

shall administer the land transferred under this section in accordance with all laws applicable to areas in the National Wildlife

Refuge System. (c) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be transferred under this section

shall be determined by a survey satisfactory to the Secretary of

the Army and the Secretary of the Interior.

SEC. 2847. RELEASE OF REQUIREMENTS AND REVERSIONARY

INTEREST ON CERTAIN PROPERTY IN BALTIMORE, MARYLAND.

(a) RELEASE AUTHORIZED.—The Secretary of Defense may

release, without consideration, the requirements and the reversionary interest of the United States that are described in section

2 of the Act entitled ‘‘An Act granting a site for a dry-dock in

the city of Baltimore upon certain conditions’’, approved June 19,

1878 (Chapter 310; 20 Stat. 167).

(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms or conditions in connection with the

release required under this section as the Secretary considers appropriate to protect the interests of the United States.

(c) INSTRUMENT OF RELEASE.—The Secretary may execute and

file in the appropriate office a deed of release, amended deed,

or other appropriate instrument effectuating the release of the

reversionary interest under this section.
S. 2182—410

SEC. 2848. RELEASE OF REVERSIONARY INTEREST ON CERTAIN PROPERTY IN YORK COUNTY AND JAMES CITY COUNTY, VIRGINIA, AND NEWPORT NEWS, VIRGINIA.

(a) RELEASE AUTHORIZED.—The Secretary of the Navy may

release, without consideration, the reversionary interest of the

United States in the real property conveyed by the deed described

in subsection (b).

(b) DEED DESCRIPTION.—The deed referred to in subsection

(a) is a deed between the United States and the Commonwealth

of Virginia dated August 17, 1966, which conveyed to the Commonwealth of Virginia certain parcels of land located in York County

and James City County, Virginia, and the city of Newport News,

Virginia. (c) ADDITIONAL TERMS.—The Secretary may require such terms

or conditions in connection with the release under this section

as the Secretary considers appropriate to protect the interests of

the United States and to ensure that the real property will continue

to be used for public purposes.

(d) INSTRUMENT OF RELEASE.—The Secretary may execute and

file in the appropriate office or offices a deed of release, amended

deed, or other appropriate instrument effectuating the release of

the reversionary interest under this section.

Subtitle E—Other Matters

SEC. 2851. JOINT CONSTRUCTION CONTRACTING FOR COMMISSARIES

AND NONAPPROPRIATED FUND INSTRUMENTALITY

FACILITIES.

(a) SINGLE CONTRACT CONSTRUCTION.—Section 2685 of title

10, United States Code, is amended by adding at the end the

following new subsection:

‘‘(d)(1) The Secretary of a military department may authorize

a nonappropriated fund instrumentality of the United States to

enter into a contract for construction of a shopping mall or similar

facility for a commissary store and one or more nonappropriated

fund instrumentality activities. The Secretary may use the proceeds

of adjustments or surcharges authorized by subsection (a) to

reimburse the nonappropriated fund instrumentality for the portion

of the cost of the contract that is attributable to construction of

the commissary store or to pay the contractor directly for that

portion of such cost.

‘‘(2) In paragraph (1), the term ‘construction’, with respect

to a facility, includes acquisition, conversion, expansion, installation,

or other improvement of the facility.’’.

(b) OBLIGATION OF ANTICIPATED PROCEEDS.—Subsection (c) of

such section is amended by inserting ‘‘or (d)’’ after ‘‘subsection

(b)’’ both places it appears.

SEC. 2852. NATIONAL GUARD FACILITY CONTRACTS SUBJECT TO

PERFORMANCE SUPERVISION BY ARMY OR NAVY.

(a) CONTRACTS SUBJECT TO SUPERVISION.—Subsection (a) of

section 2237 of title 10, United States Code, is amended by striking

out ‘‘under any provision’’ and all that follows through ‘‘and (4)’’

and inserting in lieu thereof ‘‘under section 2233(a)(1)’’.

(b) CONFORMING AMENDMENT.—Subsection (b) of such section

is amended by striking out ‘‘section 2233(a)(2), (3), or (4)’’ and
S. 2182—411

inserting in lieu thereof ‘‘paragraph (2), (3), (4), (5), or (6) of section

2233(a)’’.

SEC. 2853. REPEAL OF RESTRICTIONS ON LAND TRANSACTIONS RELATING TO PRESIDIO OF SAN FRANCISCO, CALIFORNIA.

Section 2856 of the Military Construction Authorization Act

for Fiscal Year 1994 (division B of Public Law 103–160; 107 Stat.

1908) is repealed.

SEC. 2854. REPORT ON USE OF FUNDS FOR ENVIRONMENTAL RESTORATION AT CORNHUSKER ARMY AMMUNITION PLANT, HALL

COUNTY, NEBRASKA.

(a) REPORT REQUIRED.—The Secretary of the Army shall submit

to Congress a report describing the manner in which funds available

to the Army for operation and maintenance (including funds in

the Defense Environmental Restoration Account established under

section 2703(a)(1) of title 10, United States Code) will be used

by the Secretary for environmental restoration and maintenance

of the real property that comprises the Cornhusker Army Ammunition Plant, Hall County, Nebraska.

(b) CONTENTS.—The report shall include the following:

(1) The funding plan for environmental restoration at the

Cornhusker Army Ammunition Plant.

(2) A legal opinion stating whether any portion of the

funds to be used for such environmental restoration may be

used for the repair of the roads at the Plant in order to

bring such roads into compliance with applicable State and

local public works codes.

(3) A survey of the roads at the Plant that identifies which

roads, if any, are in need of repair in order to bring the

roads at the Plant into compliance with such codes.

(4) An estimate of the cost of the repair of the roads

referred to in paragraph (3) in order to bring the roads into

compliance.

(5) An explanation of the purpose, cost, and source of

funds for any proposed preservation of documents or other

materials relating to the cultural, historical, and natural

resources associated with the Plant.

(c) SUBMISSION OF REPORT.—The Secretary shall submit the

report required by this section not later than May 1, 1995.

SEC. 2855. ENGINEERING, DESIGN, CONSTRUCTION, AND RELATED

SERVICES FOR WOMEN IN MILITARY SERVICE FOR AMERICA MEMORIAL.

The Secretary of the Army is authorized, upon request by

the Women in Military Service for America Memorial Foundation,

Inc., to provide engineering, design, construction management, and

related services, directly or by contract, to the Women in Military

Service for America Memorial Foundation, Inc., on a reimbursable

basis, for the purpose of repair, restoration, and preservation of

the main gate structures, center plaza, and hemicycle of the

Arlington National Cemetery, Arlington, Virginia, and the construction of the Women in Military Service for America Memorial.
S. 2182—412

SEC. 2856. SENSE OF THE SENATE ON AUTHORIZATION OF FUNDS FOR

MILITARY CONSTRUCTION PROJECTS NOT REQUESTED

IN THE PRESIDENT’S ANNUAL BUDGET REQUEST.

(a) SENSE OF THE SENATE.—It is the sense of the Senate that,

to the maximum extent practicable, the Senate should consider

the authorization for appropriation of funds for a military construction project not included in the annual budget request of the Department of Defense only if— (1) the project is consistent with past actions under the

base closure laws;

(2) the project is included in the military construction plan

of the military department concerned incorporated in the

Future Years Defense Program;

(3) the project is necessary for reasons of the national

security of the United States; and

(4) a contract for construction of the project can be awarded

in that fiscal year.

(b) VIEWS OF THE SECRETARY OF DEFENSE.—In considering

these criteria, the Senate should obtain the views of the Secretary

of Defense. These views should include whether funds for a military

construction project not included in the budget request can be

offset by funds for other programs, projects, or activities, including

military construction projects, in the budget request and, if so,

the specific offsetting reductions recommended by the Secretary

of Defense.

(c) BASE CLOSURE LAWS DEFINED.—For purposes of this section,

the term ‘‘base closure laws’’ means each of the following:

(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note).

(2) Title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100–526; 10

U.S.C. 2687 note).

(3) Section 2687 of title 10, United States Code.

(4) Any other similar law enacted after the date of the

enactment of this Act.

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs

Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

(a) RESEARCH AND DEVELOPMENT.—Subject to subsection (e),

funds are hereby authorized to be appropriated to the Department

of Energy for fiscal year 1995 for research and development in

carrying out weapons activities necessary for national security programs in the amount of $1,321,937,000, to be allocated as follows:
S. 2182—413

(1) For core research and development, $777,251,000, to

be allocated as follows:

(A) For operating expenses, $649,341,000.

(B) For capital equipment, $59,420,000.

(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of

facilities, and the continuation of projects authorized in

prior years, and land acquisition related thereto),

$68,490,000, to be allocated as follows:

Project GPD–101, general plant projects, various

locations, $4,500,000.

Project 95–D–102, Chemical and Metallurgy

Research Building upgrades, Los Alamos National Laboratory, New Mexico, $3,300,000.

Project 94–D–102, nuclear weapons research,

development, and testing facilities revitalization, Phase

V, various locations, $13,000,000.

Project 92–D–102, nuclear weapons research,

development, and testing facilities revitalization, Phase

IV, various locations, $21,810,000.

Project 90–D–102, nuclear weapons research,

development, and testing facilities revitalization, Phase

III, various locations, $4,900,000.

Project 88–D–106, nuclear weapons research,

development, and testing facilities revitalization, Phase

II, various locations, $20,980,000.

(2) For operating expenses for stockpile stewardship,

$152,419,000.

(3) For inertial fusion, $176,473,000, to be allocated as

follows:

(A) For operating expenses, $166,755,000.

(B) For capital equipment, $9,718,000.

(4) For technology transfer, $215,794,000, to be allocated

as follows:

(A) For operating expenses, $209,794,000.

(B) For capital equipment, $6,000,000.

(b) TESTING.—Subject to subsection (e), funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 1995 for testing in carrying out weapons activities necessary for national security programs in the amount of

$208,000,000, to be allocated as follows:

(1) For weapons programs, $201,000,000, to be allocated

as follows:

(A) For testing capabilities and readiness,

$165,000,000.

(B) For capital equipment, $15,000,000.

(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of

facilities, and the continuation of projects authorized in

prior years, and land acquisition related thereto),

$21,000,000, to be allocated as follows:

Project GPD–101, general plant projects, various

locations, $4,000,000.

Project 93–D–102, Nevada support facility, North

Las Vegas, Nevada, $17,000,000.

(2) For Marshall Islands dose reconstruction, $7,000,000,

to be allocated as follows:
S. 2182—414

(A) For operating expenses, $6,530,000.

(B) For capital equipment, $470,000.

(c) STOCKPILE SUPPORT.—Subject to subsection (e), funds are

hereby authorized to be appropriated to the Department of Energy

for fiscal year 1995 for stockpile support in carrying out weapons

activities necessary for national security programs in the amount

of $1,698,556,000, to be allocated as follows:

(1) For operating expenses for stockpile support,

$1,476,785,000.

(2) For operating expenses for reconfiguration, $94,271,000.

(3) For capital equipment, $20,180,000.

(4) For plant projects (including maintenance, restoration,

planning, construction, acquisition, modification of facilities,

and the continuation of projects authorized in prior years, and

land acquisition related thereto), $107,320,000, to be allocated

as follows:

Project 88–D–122, facilities capability assurance program, various locations, $14,820,000.

Project GPD–121, general plant projects, various locations, $1,000,000.

Project 95–D–123, replacement transportation safeguards division aviation facility, Albuquerque, New Mexico,

$2,000,000.

Project 95–D–122, sanitary sewer upgrade Y–12 Plant,

Oak Ridge, Tennessee, $2,200,000.

Project 94–D–124, hydrogen fluoride supply system,

Y–12 Plant, Oak Ridge, Tennessee, $6,300,000.

Project 94–D–125, upgrade life safety, Kansas City

Plant, Kansas City, Missouri, $1,000,000.

Project 94–D–127, emergency notification system,

Pantex Plant, Amarillo, Texas, $1,000,000.

Project 94–D–128, environmental safety and health

analytical laboratory, Pantex Plant, Amarillo, Texas,

$1,000,000.

Project 93–D–122, life safety upgrades, Y–12 Plant,

Oak Ridge, Tennessee, $5,000,000.

Project 88–D–123, security enhancements, Pantex

Plant, Amarillo, Texas, $15,000,000.

Project 93–D–123, complex–21, various locations,

$58,000,000.

(d) PROGRAM DIRECTION.—Subject to subsection (e), funds are

hereby authorized to be appropriated to the Department of Energy

for fiscal year 1995 for program direction in carrying out weapons

activities necessary for national security programs in the amount

of $159,852,000, to be allocated as follows:

(1) For operating expenses for weapons program direction,

$157,498,000.

(2) For capital equipment, $2,354,000.

(e) ADJUSTMENTS.—The total amount authorized to be appropriated pursuant to this section is the sum of the amounts authorized to be appropriated in subsections (a) through (d) reduced

by the sum of—

(1) $143,276,000, for use of prior year balances; and

(2) $11,000,000, for savings resulting from procurement

reform.
S. 2182—415

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

(a) CORRECTIVE ACTIVITIES.—Subject to subsection (h), funds are hereby authorized to be appropriated to the Department of

Energy for fiscal year 1995 for corrective activities in carrying

out environmental restoration and waste management activities

necessary for national security programs in the amount of $512,000,

all of which shall be available for the following plant project (including maintenance, restoration, planning, construction, acquisition,

modification of facilities, and land acquisition related thereto):

Project 92–D–403, tank upgrades project, Lawrence Liver- more National Laboratory, California.

(b) ENVIRONMENTAL RESTORATION.—(1) Subject to paragraph (2), funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1995 for environmental restoration

for operating expenses in carrying out environmental restoration

and waste management activities necessary for national security

programs in the amount of $1,518,549,000. (2) Subject to subsection (h), the amount authorized to be appropriated pursuant to this subsection is the amount authorized

to be appropriated in paragraph (1) reduced by $133,900,000, as

a result of the productivity savings initiative.

(c) WASTE MANAGEMENT.—(1) Subject to paragraph (2), funds

are hereby authorized to be appropriated to the Department of

Energy for fiscal year 1995 for waste management in carrying

out environmental restoration and waste management activities

necessary for national security programs in the amount of

$2,855,772,000, to be allocated as follows:

(A) For operating expenses, $2,390,066,000.

(B) For capital equipment, $90,790,000.

(C) For plant projects (including maintenance, restoration,

planning, construction, acquisition, modification of facilities,

and the continuation of projects authorized in prior years, and

land acquisition related thereto), $374,916,000, to be allocated

as follows:

Project GPD–171, general plant projects, various locations, $16,832,000.

Project 95–E–600, hazardous materials training center,

Richland, Washington, $7,000,000.

Project 95–D–401, radiological support facilities, Richland, Washington, $1,585,000.

Project 95–D–402, install permanent electrical service,

Waste Isolation Pilot Plant, New Mexico, $700,000.

Project 95–D–403, hazardous waste storage facility,

Mound Plant, Miamisburg, Ohio, $597,000.

Project 95–D–405, industrial landfill V and construction demolition landfill VII, Y–12 Plant, Oak Ridge, Tennessee, $1,000,000.

Project 95–D–406, road 5–01 reconstruction, area 5,

Nevada Test Site, Nevada, $2,338,000.

Project 95–D–407, 219–S secondary containment

upgrade, Richland, Washington, $2,000,000.

Project 95–D–408, Phase II liquid effluent treatment

and disposal, Richland, Washington, $7,100,000.

Project 94–D–400, high explosive wastewater treatment system, Los Alamos National Laboratory, Los Alamos,

New Mexico, $1,000,000.
S. 2182—416

Project 94–D–402, liquid waste treatment system,

Nevada Test Site, Nevada, $3,292,000.

Project 94–D–404, Melton Valley storage tank capacity

increase, Oak Ridge National Laboratory, Oak Ridge, Tennessee, $21,373,000.

Project 94–D–406, low-level waste disposal facilities,

K–25, Oak Ridge, Tennessee, $6,000,000.

Project 94–D–407, initial tank retrieval systems, Richland, Washington, $17,700,000.

Project 94–D–408, office facilities—200 East, Richland,

Washington, $4,000,000.

Project 94–D–411, solid waste operation complex, Richland, Washington, $42,200,000.

Project 94–D–416, solvent storage tanks installation,

Savannah River, South Carolina, $1,700,000.

Project 94–D–417, intermediate-level and low-activity

waste vaults, Savannah River, South Carolina, $300,000.

Project 93–D–174, plant drain waste water treatment

upgrades, Y–12 Plant, Oak Ridge, Tennessee, $1,400,000.

Project 93–D–178, building 374 liquid waste treatment

facility, Rocky Flats, Golden, Colorado, $3,300,000.

Project 93–D–181, radioactive liquid waste line replacement, Richland, Washington, $3,300,000.

Project 93–D–182, replacement of cross-site transfer

system, Richland, Washington, $14,810,000.

Project 93–D–183, multi-tank waste storage facility,

Richland, Washington, $88,605,000.

Project 93–D–187, high-level waste removal from filled

waste tanks, Savannah River, South Carolina, $26,525,000.

Project 92–D–177, tank 101–AZ waste retrieval system,

Richland, Washington, $5,000,000.

Project 92–D–188, waste management ES&H, and

compliance activities, various locations, $2,846,000.

Project 91–D–171, waste receiving and processing facility, module 1, Richland, Washington, $3,995,000.

Project 90–D–172, aging waste transfer line, Richland,

Washington, $3,819,000. Project 90–D–177, RWMC transuranic (TRU) waste

characterization and storage facility, Idaho National

Engineering Laboratory, Idaho, $1,747,000.

Project 90–D–178, TSA retrieval containment building,

Idaho National Engineering Laboratory, Idaho, $7,594,000.

Project 89–D–173, tank farm ventilation upgrade, Richland, Washington, $300,000.

Project 89–D–174, replacement high-level waste evaporator, Savannah River, South Carolina, $18,000,000.

Project 86–D–103, decontamination and waste treatment facility, Lawrence Livermore National Laboratory,

California, $5,900,000.

Project 83–D–148, nonradioactive hazardous waste

management, Savannah River, South Carolina, $6,000,000.

Project 81–T–105, defense waste processing facility,

Savannah River, South Carolina, $45,058,000.

(2) Subject to subsection (h), the total amount authorized to

be appropriated pursuant to this subsection is the sum of the

amounts authorized to be appropriated in paragraph (1) reduced

by $160,800,000, as a result of the productivity savings initiative.
S. 2182—417

(d) TECHNOLOGY DEVELOPMENT.—Subject to subsection (h),

funds are hereby authorized to be appropriated to the Department

of Energy for fiscal year 1995 for technology development in carrying out environmental restoration and waste management activities

necessary for national security programs in the amount of

$405,759,000, to be allocated as follows:

(1) For operating expenses, $380,974,000.

(2) For capital equipment, $24,785,000.

(e) TRANSPORTATION MANAGEMENT.—Subject to subsection (h),

funds are hereby authorized to be appropriated to the Department

of Energy for fiscal year 1995 for transportation management in

carrying out environmental restoration and waste management

activities necessary for national security programs in the amount

of $20,684,000, to be allocated as follows:

(1) For operating expenses, $20,240,000.

(2) For capital equipment, $444,000.

(f) PROGRAM DIRECTION.—Subject to subsection (h), funds are

hereby authorized to be appropriated to the Department of Energy

for fiscal year 1995 for program direction in carrying out environmental restoration and waste management activities necessary for

national security programs in the amount of $84,948,000, to be

allocated as follows:

(1) For operating expenses, $83,748,000.

(2) For capital equipment, $1,200,000.

(g) FACILITY TRANSITION AND MANAGEMENT.—(1) Subject to

paragraph (2), funds are hereby authorized to be appropriated to

the Department of Energy for fiscal year 1995 for facility transition

and management in carrying out environmental restoration and

waste management activities necessary for national security programs in the amount of $772,967,000, to be allocated as follows:

(A) For operating expenses, $676,884,000.

(B) For capital equipment, $18,947,000.

(C) For plant projects (including maintenance, restoration,

planning, construction, acquisition, modification of facilities,

and the continuation of projects authorized in prior years, and

land acquisition related thereto), $77,136,000, to be allocated

as follows:

Project GPD–171, general plant projects, various locations, $15,211,000.

Project 95–D–454, 324 facility compliance/renovation,

Richland, Washington, $1,500,000.

Project 95–D–456, security facilities upgrade, Idaho

Chemical Processing Plant, Idaho National Engineering

Laboratory, Idaho, $986,000.

Project 94–D–122, underground storage tanks, Rocky

Flats, Golden, Colorado, $2,500,000.

Project 94–D–401, emergency response facility, Idaho

National Engineering Laboratory, Idaho, $5,219,000.

Project 94–D–412, 300 area process sewer piping system upgrade, Richland, Washington, $7,800,000.

Project 94–D–415, medical facilities, Idaho National

Engineering Laboratory, Idaho, $4,920,000.

Project 94–D–451, infrastructure replacement, Rocky

Flats Plant, Golden, Colorado, $10,600,000.

Project 93–D–172, electrical upgrade, Idaho National

Engineering Laboratory, Idaho, $7,800,000.
S. 2182—418

Project 93–D–184, 325 facility compliance/renovation,

Richland, Washington, $1,000,000.

Project 93–D–186, 200 area unsecured core area fabrication shop, Richland, Washington, $4,000,000.

Project 92–D–125, master safeguards and security

agreement/materials surveillance task force security

upgrades, Rocky Flats Plant, Golden, Colorado, $2,100,000.

Project 92–D–181, INEL fire and life safety improvements, Idaho National Engineering Laboratory, Idaho,

$6,000,000.

Project 92–D–182, INEL sewer system upgrade, Idaho

National Engineering Laboratory, Idaho, $1,900,000.

Project 92–D–186, steam system rehabilitation, Phase

II, Richland, Washington, $5,600,000.

(2) Subject to subsection (h), the total amount authorized to

be appropriated pursuant to this subsection is the sum of the

amounts authorized to be appropriated in paragraph (1) reduced

by $5,000,000, as a result of the productivity savings initiative.

(h) ADJUSTMENTS.—The total amount authorized to be appropriated pursuant to this section is the sum of the amounts authorized to be appropriated in subsections (a), (b)(2), (c)(2), (d), (e),

(f), and (g)(2) reduced by the sum of—

(1) $249,300,000, for use of prior year balances; and

(2) $17,500,000, for savings resulting from procurement

reform.

SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS.

(a) MATERIALS SUPPORT.—Subject to subsection (d), funds are

hereby authorized to be appropriated to the Department of Energy

for fiscal year 1995 for materials support in carrying out nuclear

materials support necessary for national security programs in the

amount of $902,255,000, to be allocated as follows:

(1) For reactor operations, $163,634,000.

(2) For processing of nuclear materials, $410,468,000.

(3) For support services, $167,776,000.

(4) For capital equipment, $39,427,000.

(5) For plant projects (including maintenance, restoration,

planning, construction, acquisition, modification of facilities,

and the continuation of projects authorized in prior years, and

land acquisition related thereto), $64,950,000, to be allocated

as follows:

Project GPD–146, general plant projects, various locations, $15,000,000.

Project 95–D–155, upgrade site road infrastructure,

Savannah River, South Carolina, $750,000.

Project 95–D–156, radio trunking system, Savannah

River, South Carolina, $2,100,000.

Project 95–D–157, D–area powerhouse life extension,

Savannah River, South Carolina, $4,000,000.

Project 95–D–158, disassembly basin upgrades K, L,

and P, Savannah River, South Carolina, $13,000,000.

Project 93–D–147, domestic water system upgrade,

Phases I and II, Savannah River, South Carolina,

$11,300,000.

Project 93–D–148, replace high-level drain lines,

Savannah River, South Carolina, $2,700,000.
S. 2182—419

Project 93–D–152, environmental modification for

production facilities, Savannah River, South Carolina,

$2,900,000.

Project 92–D–143, health protection instrument

calibration facility, Savannah River, South Carolina,

$3,000,000.

Project 90–D–149, plantwide fire protection, Phases

I and II, Savannah River, South Carolina, $5,000,000.

Project 92–D–150, operations support facilities, Savannah River, South Carolina, $2,000,000.

Project 92–D–153, engineering support facility, Savannah River, South Carolina, $3,200,000.

(6) For program direction, $56,000,000.

(b) OTHER DEFENSE PROGRAMS.—Subject to subsection (d),

funds are hereby authorized to be appropriated to the Department

of Energy for fiscal year 1995 for other defense programs in carrying

out defense programs necessary for national security programs in

the amount of $669,657,000, to be allocated as follows:

(1) For verification and control technology, $348,555,000,

to be allocated as follows:

(A) For operating expenses, $332,682,000.

(B) For capital equipment, $15,873,000.

(2) For nuclear safeguards and security, $85,816,000, to

be allocated as follows:

(A) For operating expenses, $82,421,000.

(B) For capital equipment, $3,395,000.

(3) For security investigations, $33,827,000.

(4) For security evaluations, $14,780,000.

(5) For the Office of Nuclear Safety, $21,679,000, to be

allocated as follows:

(A) For operating expenses, $21,629,000.

(B) For capital equipment, $50,000.

(6) For worker and community transition, $115,000,000.

(7) For fissile material control and disposition, $50,000,000.

(c) NAVAL REACTORS.—Subject to subsection (d), funds are

hereby authorized to be appropriated to the Department of Energy

for fiscal year 1995 for naval reactors in carrying out nuclear

materials support and other defense programs necessary for

national security programs in the amount of $725,651,000, to be

allocated as follows:

(1) For naval reactors development, $693,651,000, to be

allocated as follows:

(A) For operating expenses:

(i) For plant development, $146,700,000.

(ii) For reactor development, $348,951,000.

(iii) For reactor operation and evaluation,

$131,000,000.

(iv) For program direction, $18,800,000.

(B) For capital equipment, $28,200,000.

(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of

facilities, and the continuation of projects authorized in

prior years, and land acquisition related thereto),

$20,000,000, to be allocated as follows:

Project GPN–101, general plant projects, various

locations, $6,200,000.
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Project 95–D–200, laboratory systems and hot cell

upgrades, various locations, $2,400,000.

Project 95–D–201, advanced test reactor radioactive waste system upgrades, Idaho National

Engineering Laboratory, Idaho, $700,000.

Project 93–D–200, engineering services facilities,

Knolls Atomic Power Laboratory, Niskayuna, New

York, $7,900,000.

Project 92–D–200, laboratories facilities upgrades,

various locations, $2,800,000.

(2) For operating expenses for enrichment materials,

$32,000,000.

(d) ADJUSTMENTS.—The total amount that may be appropriated

pursuant to this section is the sum of the amounts authorized

to be appropriated in subsections (a), (b), and (c) reduced by the

sum of—

(1) $40,000,000, for recovery of overpayment to the Savannah River Pension Fund;

(2) $6,500,000, for savings resulting from procurement

reform; and

(3) $401,406,000, for use of prior year balances for materials

support and other defense programs.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1995 for payment to the Nuclear

Waste Fund established in section 302(c) of the Nuclear Waste

Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of

$129,430,000.

Subtitle B—Recurring General Provisions

SEC. 3121. REPROGRAMMING.

(a) IN GENERAL.—Until the Secretary of Energy submits to

the congressional defense committees the report referred to in subsection (b) and 30 days has elapsed after the date on which such

committees receive the report, the Secretary may not use amounts

appropriated pursuant to this title for any program—

(1) in amounts that exceed, in a fiscal year—

(A) 110 percent of the amount authorized for that

program by this title; or

(B) $1,000,000 more than the amount authorized for

that program by this title; or

(2) which has not been presented to, or requested of, Congress.

(b) REPORT.—(1) The report referred to in subsection (a) is

a report containing a full and complete statement of the action

proposed to be taken and the facts and circumstances relied upon

in support of such proposed action.

(2) In the computation of the 30-day period under subsection (a), there shall be excluded any day on which either House of

Congress is not in session because of an adjournment of more

than 3 days to a day certain.

(c) LIMITATIONS.—(1) In no event may the total amount of

funds obligated pursuant to this title exceed the total amount

authorized to be appropriated by this title.
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(2) Funds appropriated pursuant to this title may not be used

for an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

(a) IN GENERAL.—The Secretary of Energy may carry out any

construction project under the general plant projects authorized

by this title if the total estimated cost of the construction project

does not exceed $2,000,000.

(b) REPORT TO CONGRESS.—If, at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost

variations and the revised cost of the project exceeds $2,000,000,

the Secretary shall immediately furnish a complete report to the

congressional defense committees explaining the reasons for the

cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) IN GENERAL.—(1) Except as provided in paragraph (2),

construction on a construction project may not be started or additional obligations incurred in connection with the project above

the total estimated cost, whenever the current estimated cost of

the construction project, which is authorized by section 3101, 3102,

or 3103, or which is in support of national security programs of

the Department of Energy and was authorized by any previous

Act, exceeds by more than 25 percent the higher of—

(A) the amount authorized for the project; or

(B) the amount of the total estimated cost for the project

as shown in the most recent budget justification data submitted

to Congress.

(2) An action described in paragraph (1) may be taken if— (A) the Secretary of Energy has submitted to the congressional defense committees a report on the action and the circumstances making such action necessary; and (B) a period of 30 days has elapsed after the date on

which the report is received by the committees.

(3) In the computation of the 30-day period under paragraph (2), there shall be excluded any day on which either House of

Congress is not in session because of an adjournment of more

than 3 days to a day certain. (b) EXCEPTION.—Subsection (a) shall not apply to any construction project which has a current estimated cost of less than

$5,000,000.

SEC. 3124. TRANSFER AUTHORITY.

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary

of Energy may transfer funds authorized to be appropriated to

the Department of Energy pursuant to this title to other Federal

agencies for the performance of work for which the funds were

authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the

authorizations of the Federal agency to which the amounts are

transferred.

(b) TRANSFER WITHIN DEPARTMENT OF ENERGY; LIMITATIONS.—

(1) Subject to paragraph (2), the Secretary of Energy may transfer

funds authorized to be appropriated to the Department of Energy

pursuant to this title between any such authorizations. Amounts

of authorizations so transferred may be merged with and be avail-
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able for the same purposes and for the same time period as the

authorization to which the amounts are transferred.

(2) Not more than five percent of any such authorization may

be transferred between authorizations under paragraph (1). No

such authorization may be increased or decreased by more than

five percent by a transfer under such paragraph.

(3) The authority provided by this section to transfer authorizations—

(A) may only be used to provide funds for items that

have a higher priority than the items from which the funds

are transferred; and

(B) may not be used to provide authority for an item

that has been denied funds by Congress.

(c) NOTICE TO CONGRESS.—The Secretary of Energy shall

promptly notify the Committees on Armed Services of the Senate

and House of Representatives of any transfer of funds to or from

authorizations under this title.

SEC. 3125. CONSTRUCTION DESIGN AND CONCEPTUAL DESIGN FOR

CONSTRUCTION PROJECTS.

(a) IN GENERAL.—(1) Within the amounts authorized by this

title, the Secretary of Energy may carry out advance planning

and construction design (including architectural and engineering

services) in connection with any proposed construction project if

the total estimated cost for such planning and design does not

exceed $3,000,000.

(2) In the case of any project in which the total estimated

cost for advance planning and construction design exceeds $600,000,

the Secretary shall notify the congressional defense committees

in writing of the details of such project at least 30 days before

any funds are obligated for advance planning and construction

design for such project.

(b) SPECIFIC AUTHORITY REQUIRED.—In any case in which the

total estimated cost for advance planning and construction design

in connection with any proposed construction project exceeds

$3,000,000, funds for such planning and design must be specifically

authorized by law.

(c) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting

to Congress a request for funds for a construction project that

is in support of a national security program of the Department

of Energy, the Secretary of Energy shall complete a conceptual

design for that project.

(2) In any case in which the total estimated cost of completing

a conceptual design for a construction project exceeds $3,000,000,

the Secretary shall submit to Congress a request for funds for

the conceptual design before the Secretary submits a request for

funds for the construction project.

(3) The requirement in paragraph (1) does not apply to a

request for funds—

(A) for a construction project the total estimated cost of

which is less than $2,000,000; or

(B) for emergency planning, design, and construction activities under section 3126.
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SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND

CONSTRUCTION ACTIVITIES.

(a) AUTHORITY.—The Secretary of Energy may use any funds

available to the Department of Energy under sections 3101, 3102,

and 3103, including those funds authorized to be appropriated

for advance planning and construction design, to perform planning,

design, and construction activities for any Department of Energy

national security program construction project that, as determined

by the Secretary, must proceed expeditiously in order to protect

public health and safety, meet the needs of national defense, or

protect property. (b) LIMITATION.—The Secretary may not exercise the authority under subsection (a) in the case of any construction project until

the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry

out under this section and the circumstances making such activities

necessary. (c) SPECIFIC AUTHORITY.—The requirements of subsections (b)

and (c) of section 3125 do not apply to emergency planning, design,

and construction activities conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.

Subject to the provisions of appropriation Acts and section

3121, amounts appropriated pursuant to this title that are made

available for management and support activities and for general

plant projects are available for use, when necessary, in connection

with all national security programs of the Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

When so specified in an appropriation Act, amounts appropriated for operating expenses, plant projects, and capital equipment may remain available until expended.

Subtitle C—Program Authorizations,

Restrictions, and Limitations

SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING

PROGRAM.

(a) CONDUCT OF PROGRAM.—(1) As part of the stockpile stewardship program established pursuant to section 3138 of the National

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

160; 107 Stat. 1946; 42 U.S.C. 2121 note), the Secretary of Energy

shall conduct a stockpile stewardship recruitment and training

program at the Sandia National Laboratories, the Lawrence Livermore National Laboratory, and the Los Alamos National Laboratory.

(2) The recruitment and training program shall be conducted

in coordination with the Chairman of the Joint Nuclear Weapons

Council established by section 179 of title 10, United States Code,

and the directors of the laboratories referred to in paragraph (1).

(b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As part of the

recruitment and training program, the directors of the laboratories

referred to in subsection (a)(1) may employ undergraduate students,

graduate students, and postdoctoral fellows to carry out research
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sponsored by such laboratories for military or nonmilitary dualuse programs related to nuclear weapons stockpile stewardship.

(2) Of the amounts authorized to be appropriated to the Secretary of Energy in section 3101(a)(1) for weapons activities for

core research and development and allocated by the Secretary for

education initiatives, $5,000,000 shall be available for employing

students and fellows to carry out research referred to in paragraph

(1). The amount available under this paragraph shall be allocated

equally among the laboratories referred to in subsection (a)(1).

(c) ESTABLISHMENT OF RETIREE CORPS.—As part of the training

and recruitment program, the Secretary, in coordination with the

directors of the laboratories referred to in subsection (a)(1), shall

establish for the laboratories a retiree corps of retired scientists

who have expertise in research and development of nuclear weapons. The directors may employ the retired scientists on a parttime basis to provide appropriate assistance on nuclear weapons

issues, to contribute relevant information to be archived, and to

help to provide training to other scientists.

(d) REPORT.—(1) Not later than February 1, 1995, the Secretary

shall submit to the Committees on Armed Services of the Senate

and House of Representatives a report on the demographic trends

of the personnel of the laboratories referred to in subsection (a)(1)

and on actions taken by the Department of Energy to remedy

identified deficiencies in various skill areas.

(2) The report shall be prepared in coordination with the Chairman of the Joint Nuclear Weapons Council and the directors of

the laboratories. Information included in the report shall be aggregated and compiled into statistical categories. (3) The report shall include the following: (A) An inventory of the weapons-related tasks that the

laboratories need to perform to support their nuclear weapons

responsibilities.

(B) An inventory of the skills necessary to complete the weapons-related tasks referred to in subparagraph (A). (C) For each laboratory, the number of scientists needed

in each skill area to perform such tasks.

(D) The number of the scientists providing services in each

skill area at each laboratory, stated by age. (E) An assessment of which skill areas are understaffed.

(F) The number of scientists entering the weapons program

at each laboratory, and their skill areas. (G) The number of full-time equivalent personnel with

weapon skills, their distribution by skill and, for each such

skill, their distribution by age. (H) The number of scientists retiring from the weapons

program in the five-year period ending on the date of the

report and the skill areas in which they worked in the year

preceding their retirement.

(I) Based on the information contained in subparagraphs

(A) through (H), a projection of the skills areas that will become

understaffed in the five years following the date of the report.

(J) A statement of alternative actions that may be taken

to retain and recruit scientists for the weapons programs at

the laboratories in order to preserve a sufficient skill base

and to fulfill stockpile stewardship responsibilities.

(K) Any plans of the Secretary to take any of the alternative

actions referred to in subparagraph (J).
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SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM.

Of the funds authorized to be appropriated by this title to

the Department of Energy for fiscal year 1995, $176,473,000 shall

be available for the defense inertial confinement fusion program.

SEC. 3133. PAYMENT OF PENALTIES.

The Secretary of Energy may pay to the Hazardous Substance

Superfund established under section 9507 of the Internal Revenue

Code of 1986 (26 U.S.C. 9507), from funds appropriated to the

Department of Energy for environmental restoration and waste

management activities pursuant to section 3102, stipulated civil

penalties assessed under the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.) in amounts as follows:

(1) $50,000, assessed against the Fernald Environmental

Management Project, Ohio, under such Act. (2) $50,000, assessed against the Portsmouth Gaseous

Diffusion Plant, Ohio, under such Act.

SEC. 3134. WATER MANAGEMENT PROGRAMS.

From funds authorized to be appropriated pursuant to section

3102 to the Department of Energy for environmental restoration

and waste management activities, the Secretary of Energy may

reimburse the cities of Westminster, Broomfield, Thornton, and

Northglenn, in the State of Colorado, $11,415,000 for the cost of

implementing water management programs. Reimbursements for

the water management programs shall not be considered a major

Federal action for purposes of section 102(2) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

SEC. 3135. PROTECTION OF WORKERS AT NUCLEAR WEAPONS FACILITIES.

Of the funds authorized to be appropriated by section 3102

for environmental restoration and waste management activities,

$11,000,000 shall be available to carry out activities authorized

under section 3131 of the National Defense Authorization Act for

Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1571;

42 U.S.C. 7274d), relating to worker protection at nuclear weapons

facilities.

SEC. 3136. LIMITATION ON USE OF PROGRAM DIRECTION FUNDS.

The Secretary of Energy may not obligate more than 80 percent

of the funds appropriated pursuant to this title for fiscal year

1995 for operating expenses for program direction in carrying out

environmental restoration and waste management activities necessary for national security programs until the Secretary submits

to Congress the reports required to be submitted in 1995 under

subsections (a) and (d) of section 3153 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107

Stat. 1950; 42 U.S.C. 7274k).

SEC. 3137. NATIONAL SECURITY PROGRAMS.

Notwithstanding any other provision of law, not more than

80 percent of the funds appropriated to the Department of Energy

for national security programs under this title may be obligated

for such programs until the Secretary of Energy submits to the

congressional defense committees the five-year budget plan with

respect to fiscal year 1996 required under section 3144 of the
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National Defense Authorization Act for Fiscal Years 1990 and 1991

(Public Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271b).

SEC. 3138. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED

TO RADIATION RELEASED FROM HANFORD NUCLEAR

RESERVATION.

(a) FUNDING.—(1) Of the funds authorized to be appropriated

to the Department of Energy under section 3101 for fiscal year

1995, $2,500,000 shall be available for activities relating to the

Hanford Health Information Network established pursuant to the

authority provided in section 3138 of the National Defense

Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104

Stat. 1834).

(2) The Secretary of Energy may not obligate more than 50

percent of the amount made available under paragraph (1) for

activities relating to the Hanford Health Information Network until

the States of Washington, Oregon, and Idaho establish the uniform

procedures required by section 3138(d)(3)(D) of such Act, as added

by subsection (b).

(b) PROHIBITION ON DISCLOSURE OF EXPOSURE INFORMATION.—

Section 3138 of the National Defense Authorization Act for Fiscal

Year 1991 (Public Law 101–510; 104 Stat. 1834) is amended by

adding at the end the following new subsection:

‘‘(d) PROHIBITION ON DISCLOSURE OF EXPOSURE INFORMATION.—

(1) Except as provided in paragraph (2), a person may not disclose

to the public the following:

‘‘(A) Any information obtained through a program that

identifies a person who may have been exposed to radiation

released from the Hanford Nuclear Reservation.

‘‘(B) Any information obtained through a program that

identifies a person participating in any of the programs developed under this section.

‘‘(C) The name, address, and telephone number of a person

requesting information referred to in subsection (b)(1).

‘‘(D) The name, address, and telephone number of a person

who has been referred to a health care professional under

subsection (b)(2).

‘‘(E) The name, address, and telephone number of a person

who has been registered and monitored pursuant to subsection

(b)(3).

‘‘(F) Information that identifies the person from whom

information referred to in this paragraph was obtained under

a program or any other third party involved with, or identified

by, any such information so obtained.

‘‘(G) Any other personal or medical information that identifies a person or party referred to in subparagraphs (A) through

(F).

‘‘(H) Such other information or categories of information

as the chief officers of the health departments of the States

of Washington, Oregon, and Idaho jointly designate as information covered by this subsection.

‘‘(2) Information referred to in paragraph (1) may be disclosed

to the public if the person identified by the information, or the

legal representative of that person, has consented in writing to

the disclosure.
S. 2182—427

‘‘(3) The States of Washington, Oregon, and Idaho shall estab- lish uniform procedures for carrying out this subsection, including

procedures governing the following: ‘‘(A) The disclosure of information under paragraph (2).

‘‘(B) The use of the Hanford Health Information Network

database.

‘‘(C) The future disposition of the database.

‘‘(D) Enforcement of the prohibition provided in paragraph (1) on the disclosure of information described in that paragraph.’’.

SEC. 3139. LIMITATION ON STUDY OR RELOCATION OF TRITIUMRELATED ACTIVITIES AND OPERATIONS.

None of the funds appropriated or otherwise made available

to the Department of Energy for fiscal year 1995 pursuant to

this title may be used to study or relocate tritium-related activities

and operations from the Mound Plant, Ohio, to a facility other

than a Department of Energy weapons production facility that

has demonstrated tritium production and handling capabilities, as

determined by independent consultants pursuant to a review of

the June 1993 report of the Department entitled ‘‘Nonnuclear

Reconfiguration Cost Effectiveness Report’’.

SEC. 3140. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS

MATERIALS EMERGENCY RESPONSE TRAINING PROGRAM.

(a) USE OF FUNDS.—Of the funds authorized to be appropriated

to the Department of Energy for fiscal year 1995 under section

3102(c), not more than $6,000,000 shall be available for operating

expenses to carry out a hazardous materials management and

hazardous materials emergency response training program at Hanford Nuclear Reservation, Richland, Washington.

(b) REQUIREMENT OF CONCEPTUAL DESIGN.—None of the funds

authorized to be appropriated under section 3102(c) for project

95–E–600 may be obligated or expended until the Secretary of

Energy completes a conceptual design for the project.

SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RESEARCH.

(a) ESTABLISHMENT.—(1) The Secretary of Energy shall establish an International Center for Applied Research at the Savannah

River Site, South Carolina. The purpose of the Center is to promote

the following activities:

(A) The application in the United States of hydrogen technology research derived from tritium production.

(B) The development of beneficial uses of nuclear materials.

(C) The research and development of innovative methods

for the treatment and disposal of nuclear waste.

(D) The development of specifications for the decommissioning of nuclear facilities and the disposition of nuclear materials. (E) The research and development of any technologies that

the Secretary considers appropriate and that are likely to be

commercialized.

(2) The Secretary shall enter into an arrangement to provide

for the location of the Center at a suitable facility at, or adjacent

to, the Savannah River Site.

(3) The Secretary shall, using competitive procedures, select

a nonprofit entity or a group of nonprofit entities to operate the

Center. The Center shall promote activities under paragraph (1)
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in a manner that accomplishes regional development through

applied science and technology.

(b) AVAILABILITY OF FUNDS.—Of amounts authorized to be

appropriated in section 3101(c), $12,000,000 shall be available to

establish the Center referred to in subsection (a).

Subtitle D—Other Matters

SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT OF ENERGY

FUNDS.

(a) IN GENERAL.—The Secretary of Energy shall prescribe procedures to account for the use of funds for the performance of the

programs and activities of the Department of Energy for which

funds are appropriated pursuant to this title for national security

programs of the Department of Energy. The procedures shall provide for such accounting for fiscal years beginning after fiscal year

1996.

(b) COVERED MATTERS.—The Secretary shall prescribe procedures under subsection (a)—

(1) to account for the funds appropriated to the Department

pursuant to this title for national security programs and activities of the Department that are not used for the purpose for

which such funds were appropriated; and

(2) to provide an accounting for all encumbered funds,

unencumbered funds, unobligated funds, costed funds, and

uncosted obligations of the national security programs of the

Department in that fiscal year.

SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS ACTIVITIES.

(a) APPROVAL BY JOINT NUCLEAR WEAPONS COUNCIL.—Subsection (d) of section 179 of title 10, United States Code, is amended—

(1) by redesignating paragraphs (8) and (9) as paragraphs

(9) and (10), respectively; and

(2) by inserting after paragraph (7) the following new paragraph (8):

‘‘(8) Coordinating and approving activities conducted by

the Department of Energy for the study, development, production, and retirement of nuclear warheads, including concept

definition studies, feasibility studies, engineering development,

hardware component fabrication, warhead production, and warhead retirement.’’.

(b) REPORT.—Such section is further amended by adding at

the end the following new subsection: ‘‘(e) Each fiscal year, at the same time the President submits

the budget pursuant to section 1105 of title 31, the Chairman

of the Council, through the Secretary of Energy, shall submit to

the Committees on Armed Services and Appropriations of the Senate and House of Representatives a report, in classified form, on

the following: ‘‘(1) The effectiveness and efficiency of the Council, and

of the deliberative and decisionmaking processes used by the

Council, in carrying out the responsibilities described in subsection (d).

‘‘(2) A description of all activities conducted by the Department of Energy during that fiscal year, or planned to be con-
S. 2182—429

ducted by the Department of Energy during the next fiscal

year, for the study, development, production, and retirement

of nuclear warheads and that have been approved by the Council, including a description of— ‘‘(A) the concept definition activities and feasibility studies conducted or planned to be conducted by the

Department of Energy; ‘‘(B) the schedule for completion of each such activity or study; and ‘‘(C) the degree to which each such activity or study is consistent with United States policy for new nuclear

warhead development or warhead modification and with

established or projected military requirements.’’. (c) TECHNICAL AMENDMENT.—Subsections (a)(3) and (b) of such

section are amended by striking out ‘‘appointed’’ each place it

appears and inserting in lieu thereof ‘‘designated’’.

SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CERTAIN ACTIVITIES AT THE NEVADA TEST SITE, NEVADA.

Not later than April 1, 1995, the Secretary of Energy shall submit to Congress a report on the feasibility of conducting the

following activities at the Nevada Test Site, Nevada: (1) The demilitarization of large rocket motors, high ener- getic explosives, and conventional ordnance. (2) Disarmament and demilitarization of conventional

weapons and components. (3) Experiments that assist in monitoring compliance with international agreements on the nonproliferation of nuclear

weapons. (4) Programs for the Department of Energy and the Depart- ment of Defense to develop simulator technologies for nuclear

weapons design and effects, including advanced hydrodynamic

simulators, fusion test facilities, and nuclear weapons effects

simulators.

(5) The stockpile stewardship program established pursu- ant to section 3138 of the National Defense Authorization Act

for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1946;

42 U.S.C. 2121 note).

(6) Experiments related to the nonproliferation of nuclear

weapons, including experiments with respect to disablement

of such weapons, nuclear forensics, sensors, and verification

and monitoring.

SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR

WEAPONS PRODUCTION CYCLE.

(a) REPORT.—Not later than March 31, 1996, the Secretary of Energy shall submit to Congress a report that contains a description of all waste streams generated before 1992 during each step

of the complete cycle of production and disposition of nuclear

weapon components by the Department of Energy. The description

for each such step shall be based on a unit of analysis that is

appropriate for that step. The report shall include an estimate

of the volume of waste generated per unit of analysis and an

analysis of the characteristics of each waste stream.

(b) DEFINITIONS.—In this section:

(1) The term ‘‘waste stream’’ means waste materials the

storage, treatment, or disposition of which is regulated under

Federal law, except that such term does not include usable
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source materials, usable byproduct materials, and usable special nuclear materials.

(2) The terms ‘‘byproduct material’’, ‘‘source material’’, and

‘‘special nuclear material’’ have the meaning given such terms

in section 11 of the Atomic Energy Act of 1954 (42 U.S.C.

2014).

SEC. 3155. COMMUNICATION OF RESTRICTED DATA AND FORMERLY

RESTRICTED DATA.

(a) COMMUNICATION OF DATA.—Section 144 of the Atomic

Energy Act of 1954 (42 U.S.C. 2164) is amended—

(1) by redesignating subsection d. as subsection e.; and

(2) by inserting after subsection c. the following new subsection d.:

‘‘d. (1) In addition to the cooperation authorized in subsections

a., b., and c., the President may, upon making a determination

described in paragraph (2), authorize the Department of Energy,

with the assistance of the Department of Defense, to cooperate

with another nation to communicate to that nation such Restricted

Data, and the President may, upon making such determination,

authorize the Department of Defense, with the assistance of the

Department of Energy, to cooperate with another nation to communicate to that nation such data removed from the Restricted Data

category under section 142, as is necessary for—

‘‘(A) the support of a program for the control of and accounting for fissile material and other weapons material;

‘‘(B) the support of the control of and accounting for atomic

weapons;

‘‘(C) the verification of a treaty; and

‘‘(D) the establishment of international standards for the

classification of data on atomic weapons, data on fissile material, and related data.

‘‘(2) A determination referred to in paragraph (1) is a determination that the proposed cooperation and proposed communication

referred to in that paragraph—

‘‘(A) will promote the common defense and security

interests of the United States and the nation concerned; and

‘‘(B) will not constitute an unreasonable risk to such common defense and security interests.

‘‘(3) Cooperation under this subsection shall be undertaken

pursuant to an agreement for cooperation entered into in accordance

with section 123.’’.

(b) APPLICABILITY OF NOTICE AND WAIT PROVISIONS.—Section

123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)),

as amended by subsection (c), shall not apply to a proposed agreement for cooperation under section 144 d. of such Act, as inserted

by subsection (a), until December 31, 1995.

(c) CONFORMING AMENDMENTS.—The Atomic Energy Act of 1954

(42 U.S.C. 2011 et seq.) is amended as follows:

(1) Section 123 is amended—

(A) by striking out ‘‘or 144 c.’’ each place it appears

and inserting in lieu thereof ‘‘144 c., or 144 d.’’;

(B) in subsection a., by striking out ‘‘or 144 b.’’ and

inserting in lieu thereof ‘‘144 b., or 144 d.’’; and

(C) in subsection b., by inserting ‘‘(except an agreement

arranged pursuant to section 91 c., 144 b., 144 c., or 144
S. 2182—431

d.)’’ after ‘‘the President has submitted text of the proposed

agreement for cooperation’’.

(2) Section 142 d. is amended by striking out ‘‘subsection

144 b.’’ and inserting in lieu thereof ‘‘subsection b. or d. of

section 144.’’.

(3) Section 142 f. is repealed.

(4) Section 144 e., as redesignated by subsection (a)(1),

is amended by striking out ‘‘or c.’’ and inserting in lieu thereof

‘‘c., or d.’’.

SEC. 3156. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

(a) USE OF FUNDS.—Of the funds authorized to be appropriated

to the Department of Energy in section 3102 for fiscal year 1995

for environmental restoration and waste management, $1,000,000

shall be available for the scholarship and fellowship program for

environmental restoration and waste management carried out under

section 3132 of the National Defense Authorization Act for Fiscal

Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1572; 42

U.S.C. 7274e).

(b) DESIGNATION AS MARILYN LLOYD SCHOLARSHIP AND FELLOWSHIP PROGRAM.—(1) Section 3132(a) of such Act (42 U.S.C. 7274e(a))

is amended by adding at the end the following: ‘‘The scholarship

and fellowship program shall be known as the ‘Marilyn Lloyd Scholarship and Fellowship Program’.’’.

(2) The amendment made by paragraph (1) shall take effect

on January 3, 1995.

SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND CONVERSION ACTIVITIES RESULTING FROM RECONFIGURATION

OF DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.

(a) IN GENERAL.—Not later than May 1, 1995, the Secretary

of Energy shall submit to Congress information on economic redevelopment and conversion activities that, in the determination of the

Secretary, may result from the reconfiguration of the Department

of Energy nuclear weapons complex. The Secretary may submit

the information in a report or submit the programmatic environmental impact statement referred to in section 3145(c) of the

National Defense Authorization Act for Fiscal Year 1994 (Public

Law 103–160; 107 Stat. 1949) and include the information in that

statement.

(b) CONTENTS.—The information referred to in subsection (a)

shall include the following:

(1) An analysis of the existing condition and capabilities

of the facilities of the nuclear weapons complex.

(2) A description of the technologies and processes at such

facilities that have the potential to be developed in collaboration

with private industry, State, local, or tribal governments,

institutions of higher education, or non-profit organizations.

(3) An estimate of the costs associated with economic

redevelopment and conversion activities as a result of the

reconfiguration of the nuclear weapons complex.

(4) A description of how the Secretary will coordinate with

local interests regarding such activities.
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SEC. 3158. OFFICE OF FISSILE MATERIALS DISPOSITION.

(a) ESTABLISHMENT.—Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding

at the end the following:

‘‘OFFICE OF FISSILE MATERIALS DISPOSITION

‘‘SEC. 212. (a) There shall be within the Department an Office

of Fissile Materials Disposition.

‘‘(b) The Secretary shall designate the head of the Office. The

head of the Office shall report to the Under Secretary.

‘‘(c) The head of the Office shall be responsible for all activities

of the Department relating to the management, storage, and disposition of fissile materials from weapons and weapons systems that

are excess to the national security needs of the United States.’’.

(b) CONFORMING AMENDMENT.—The table of contents in the

first section of such Act is amended by inserting after the item

relating to section 210 the following new items:

‘‘Sec. 211. Office of Minority Economic Impact. ‘‘Sec. 212. Office of Fissile Materials Disposition.’’.

SEC. 3159. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND

FACILITIES AT IDAHO NATIONAL ENGINEERING LABORATORY.

Section 1434 of the National Defense Authorization Act, Fiscal

Year 1989 (Public Law 100–456; 102 Stat. 2074), as amended by

section 3136 of the National Defense Authorization Act for Fiscal

Year 1993 (Public Law 102–484; 106 Stat. 2641), is further amended—

(1) in the third sentence of subsection (a)(3), by striking

out ‘‘fiscal years 1993 and 1994’’ and inserting in lieu thereof

‘‘fiscal years 1993, 1994, 1995, 1996, and 1997’’; and

(2) in subsection (c), by striking out ‘‘September 30, 1994,

with respect to the Idaho National Engineering Laboratory’’

and inserting in lieu thereof ‘‘September 30, 1997, with respect

to the Idaho National Engineering Laboratory’’.

SEC. 3160. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR PLAN FOR

DEFENSE NUCLEAR FACILITIES.

(a) ELIMINATION OF REQUIREMENT.—Section 3135(a) of the

National Defense Authorization Act for Fiscal Years 1992 and 1993

(Public Law 102–190; 105 Stat. 1575; 42 U.S.C. 7274g(a)) is amended—

(1) in paragraph (1)—

(A) by striking out ‘‘(A) defense nuclear facilities and

(B) all other facilities owned or operated by the Department

of Energy’’ in the first sentence and inserting in lieu thereof

‘‘all facilities owned or operated by the Department of

Energy except defense nuclear facilities’’; and (B) by inserting ‘‘such’’ in the third sentence after

‘‘restoration at all’’;

(2) in paragraph (4), by striking out ‘‘The plan shall contain

the following matters:’’ and inserting in lieu thereof ‘‘The plan

shall include, with respect to the Department of Energy facilities required by paragraph (1) to be covered by the plan, the

following matters:’’;

(3) by striking out paragraph (6); and

(4) by redesignating paragraph (7) as paragraph (6).
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(b) ANNUAL WASTE MANAGEMENT REPORTS.—Section 3153(b)(1)

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103–160; 107 Stat. 1950; 42 U.S.C. 7274k(b)(1)) is

amended—

(1) by inserting ‘‘including pollution prevention and’’ after

‘‘waste management,’’; and

(2) by striking out ‘‘and technology research and development related to such activities and projects’’.

(c) CONTENTS OF ENVIRONMENTAL RESTORATION AND WASTE

MANAGEMENT REPORTS.—Section 3153(c) of such Act (42 U.S.C.

7274k(c)) is amended—

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

(2) by striking out ‘‘and’’ at the end of paragraph (2)(D);

(3) by striking out the period at the end of paragraph

(2)(E) and inserting in lieu thereof ‘‘; and’’;

(4) by adding at the end of paragraph (2) the following

new subparagraph:

‘‘(F) a description of the personnel and facilities

required to complete the activity or project; and’’; and

(5) by adding at the end the following new paragraph:

‘‘(3) contain a description of the research and development

necessary to develop the technology to conduct the activities

and projects covered by the report.’’.

(d) PUBLIC PARTICIPATION IN DEVELOPMENT OF INFORMATION.—

Section 3153 of such Act (42 U.S.C. 7274k) is further amended

by adding at the end the following new subsection:

‘‘(f) PUBLIC PARTICIPATION IN DEVELOPMENT OF INFORMATION.—

(1) The Secretary of Energy shall consult with the Administrator

of the Environmental Protection Agency, the Attorney General,

Governors and Attorneys General of affected States, appropriate

representatives of affected Indian tribes, and interested members

of the public in the development of information necessary to complete the reports required by subsections (a), (b), and (d). ‘‘(2) Consultation under paragraph (1) shall not interfere with

the timely submission to Congress of the budget for a fiscal year. ‘‘(3) The Secretary may award grants to, and enter into cooperative agreements with, affected States and affected Indian tribes

to facilitate the participation of such entities in the development

of information under this subsection. The Secretary may also take

appropriate action to facilitate the participation of interested members of the public in such development under this subsection.’’.

(e) PUBLIC PARTICIPATION IN PLANNING.—The Secretary of

Energy shall consult with the Administrator of the Environmental

Protection Agency, the Attorney General, Governors and Attorneys

General of affected States, appropriate representatives of affected

Indian tribes, and interested members of the public in any planning

conducted by the Secretary for environmental restoration and waste

management at Department of Energy defense nuclear facilities.

SEC. 3161. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC,

ENGINEERING, AND TECHNICAL PERSONNEL.

(a) AUTHORITY.—(1) Notwithstanding any provision of title 5,

United States Code, governing appointments in the competitive

service and General Schedule classification and pay rates, the Secretary of Energy may—

(A) establish and set the rates of pay for not more than

200 positions in the Department of Energy for scientific,
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engineering, and technical personnel whose duties will relate

to safety at defense nuclear facilities of the Department; and

(B) appoint persons to such positions.

(2) The rate of pay for a position established under paragraph

(1) may not exceed the rate of pay payable for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code.

(3) To the maximum extent practicable, the Secretary shall

appoint persons under paragraph (1)(B) to the positions established

under paragraph (1)(A) in accordance with the merit system principles set forth in section 2301 of such title.

(4) The Secretary may not appoint more than 100 persons

during fiscal year 1995 under the authority provided in this subsection.

(b) OPM REVIEW.—(1) The Secretary shall enter into an agreement with the Director of the Office of Personnel Management

under which agreement the Director shall periodically evaluate

the use of the authority set forth in subsection (a)(1). The Secretary

shall reimburse the Director for evaluations conducted by the Director pursuant to the agreement. Any such reimbursement shall

be credited to the revolving fund referred to in section 1304(e)

of title 5, United States Code.

(2) If the Director determines as a result of such evaluation

that the Secretary of Energy is not appointing persons to positions

under such authority in a manner consistent with the merit system

principles set forth in section 2301 of title 5, United States Code,

or is setting rates of pay at levels that are not appropriate for

the qualifications and experience of the persons appointed and

the duties of the positions involved, the Director shall notify the

Secretary and Congress of that determination. (3) Upon receipt of a notification under paragraph (2), the

Secretary shall— (A) take appropriate actions to appoint persons to positions

under such authority in a manner consistent with such principles or to set rates of pay at levels that are appropriate

for the qualifications and experience of the persons appointed

and the duties of the positions involved; or

(B) cease appointment of persons under such authority. (c) EPA STUDY.—(1) Upon the 50th appointment made by the Secretary pursuant to subsection (a)(1)(B), the Administrator of

the Environmental Protection Agency, in consultation with the Secretary, shall conduct a study of the effects of the implementation

of such subsection on the conduct of remedial actions at sites

on the National Priorities List.

(2) The study shall assess whether serious problems have

resulted at any site on the National Priorities List from appointments made pursuant to subsection (a)(1)(B) of persons whose

employment, at the time of the appointment, involved remedial

actions or other similar activities at the site.

(3) For purposes of this subsection, a serious problem includes

any of the following occurrences:

(A) A significant delay or significant disruption of a schedule for completion of a remedial action at the site.

(B) A significant escalation of the personnel costs for the

remedial action.

(C) A significant exacerbation of any shortage in the number of critical personnel at the site.
S. 2182—435

(4) The Administrator, in consultation with the Secretary, shall submit to Congress a report on the study conducted under paragraph (1). The report shall be submitted not later than 30 days

after the date upon which the Secretary has made the 50th appointment pursuant to subsection (a)(1)(B). The Secretary may not make

more than 50 such appointments until the submission of the report. (5) If, as a result of the study conducted under paragraph (1), the Administrator, in consultation with the Secretary, determines that serious problems have resulted at any site on the

National Priorities List from appointments made pursuant to subsection (a)(1)(B), the Administrator and the Secretary shall jointly

submit to Congress, together with the report referred to in paragraph (4), a plan to ameliorate the effects of those serious problems.

Under the plan, the Administrator and the Secretary shall provide

for—

(A) a reduction in the rate at which persons are appointed

pursuant to such subsection; (B) the making of appointments pursuant to such sub- section of persons other than persons whose employment, at

the time of the appointment, involved remedial actions or other

similar activities at sites on the National Priorities List; or

(C) any other effective alternative to appointing persons described in subparagraph (B) that the Administrator and the

Secretary consider appropriate.

(6) To carry out this section, the Secretary shall regularly provide to the Administrator the following information: (A) The relevant previous places of employment of each person appointed pursuant to subsection (a)(1)(B). (B) The site on the National Priorities List, if the employ- ment of such person, at the time of the appointment of that

person pursuant to such subsection, involved remedial actions

or other similar activities at the site.

(d) TERMINATION.—(1) The authority provided under subsection (a)(1) shall terminate on September 30, 1997. (2) An employee may not be separated from employment with the Department of Energy or receive a reduction in pay by reason

of the termination of authority under paragraph (1).

SEC. 3162. USE OF FUNDS FOR COMPUTER DECLASSIFICATION SYSTEM.

Of the funds authorized to be appropriated to the Department

of Energy under section 3103, $3,000,000 shall be available for

a computer system for declassification purposes.

SEC. 3163. SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE

NUCLEAR FACILITIES.

(a) SAFETY AT DEFENSE NUCLEAR FACILITIES.—The Secretary of Energy shall take appropriate actions to ensure that— (1) officials of the Department of Energy who are responsible for independent oversight of matters relating to nuclear

safety at defense nuclear facilities and enforcement of nuclear

safety standards at such facilities maintain independence from

officials who are engaged in, or who are advising persons who

are engaged in, management of such facilities;

(2) the independent, internal oversight functions carried

out by the Department include activities relating to— (A) the assessment of the safety of defense nuclear

facilities;
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(B) the assessment of the effectiveness of Department

program offices in carrying out programs relating to the

environment, safety, health, and security at defense nuclear

facilities;

(C) the provision to the Secretary of oversight reports

that—

(i) contain validated technical information; and

(ii) provide a clear analysis of the extent to which

line programs governing defense nuclear facilities meet

applicable goals for the environment, safety, health,

and security at such facilities; and

(D) the development of clear performance standards

to be used in assessing the adequacy of the programs

referred to in subparagraph (C)(ii);

(3) the Department has a system for bringing issues relating to nuclear safety at defense nuclear facilities to the attention of the officials of the Department (including the Secretary

of Energy) who have authority to resolve such issues in an

adequate and timely manner; and

(4) an adequate number of qualified personnel of the

Department are assigned to oversee matters relating to nuclear

safety at defense nuclear facilities and enforce nuclear safety

standards at such facilities.

(b) REPORT.—Not later than 90 days after the date of the

enactment of this Act, the Secretary shall submit to Congress

a report describing the following:

(1) The actions that the Secretary has taken or will take

to fulfill the requirements set forth in paragraphs (1), (2),

and (3) of subsection (a).

(2) The actions in addition to the actions described under

paragraph (1) that the Secretary could take in order to fulfill

such requirements.

(3) The respective roles with regard to nuclear safety at

defense nuclear facilities of the following officials:

(A) The Associate Deputy Secretary of Energy for Field

Management.

(B) The Assistant Secretary of Energy for Defense Programs.

(C) The Assistant Secretary of Energy for Environmental Restoration and Waste Management.

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 1995,

$17,933,000 for the operation of the Defense Nuclear Facilities

Safety Board under chapter 21 of the Atomic Energy Act of 1954

(42 U.S.C. 2286 et seq.).
S. 2182—437

TITLE XXXIII—NATIONAL DEFENSE

STOCKPILE

SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

Subject to such limitations as may be provided in appropriations Acts, during fiscal year 1995, the National Defense Stockpile Manager may obligate up to $54,200,000 of the funds in the National

Defense Stockpile Transaction Fund established under subsection

(a) of section 9 of the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98h) for the authorized uses of such funds under

subsection (b)(2) of such section.

SEC. 3302. ROTATION OF MATERIALS TO PREVENT TECHNOLOGICAL

OBSOLESCENCE.

Section 6(a)(4) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)(4)) is amended by inserting ‘‘or technological obsolescence’’ after ‘‘deterioration’’.

SEC. 3303. EXTENSION OF LIMITATION ON AUTHORITY TO DISPOSE

OF CHROMIUM FERRO AND MANGANESE FERRO.

Section 3302(f) of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2651), as amended

by section 3303(b) of the National Defense Authorization Act for

Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1961), is further

amended by striking out ‘‘October 1, 1994’’ and inserting in lieu

thereof ‘‘October 1, 1995’’.

SEC. 3304. LIMITATION ON AUTHORITY TO DISPOSE OF ZINC.

(a) LIMITATION ON DISPOSAL AUTHORITY.—The disposal of zinc

from the National Defense Stockpile pursuant to any disposal

authority provided by law may not commence before April 1, 1995. (b) CONDITION ON DISPOSAL AFTER EXPIRATION OF LIMITA- TION.—If any quantity of zinc is proposed for disposal from the National Defense Stockpile during fiscal year 1995 upon the expiration of the limitation prescribed under subsection (a), the President

shall submit to Congress not later than February 15, 1995, a

revised annual materials plan under section 11(b) of the Strategic

and Critical Materials Stock Piling Act (50 U.S.C. 98h–2) that

specifically describes the proposed disposals. The revised plan shall

include the views of the Market Impact Committee regarding the

market impact of the disposals, as required under section 10(c)

of such Act (50 U.S.C. 98h–1(c)).

(c) EFFECT ON TRANSFERS OF ZINC TO OTHER FEDERAL AGEN- CIES.—Nothing in this section shall limit the authority of the National Defense Stockpile Manager to transfer zinc in the National

Defense Stockpile to the jurisdiction and control of another Federal

agency for official Government use. (d) NATIONAL DEFENSE STOCKPILE DEFINED.—The term

‘‘National Defense Stockpile’’ means the stockpile provided for in

section 4 of the Strategic and Critical Materials Stock Piling Act

(50 U.S.C. 98c).

SEC. 3305. LIMITATIONS ON DISPOSAL OF CHROMITE AND MANGANESE

ORES.

(a) PREFERENCE FOR DOMESTIC UPGRADING.—In offering to

enter into agreements pursuant to any provision of law for the

disposal of chromite and manganese ores of metallurgical grade
S. 2182—438

from the National Defense Stockpile provided for in section 4 of

the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98c), the President shall give a right of first refusal on all such

offers to domestic ferroalloy upgraders.

(b) DOMESTIC FERROALLOY UPGRADER DEFINED.—For purposes

of this section, the term ‘‘domestic ferroalloy upgrader’’ means a

company or other business entity that, as determined by the President—

(1) is engaged in operations to upgrade chromite or manganese ores of metallurgical grade or is capable of engaging

in such operations; and

(2) conducts a significant level of its research, development,

engineering, and upgrading operations in the United States.

(c) APPLICATION OF SECTION.—The requirements specified in

subsection (a) shall apply during fiscal year 1995.

SEC. 3306. REPORT ON DOMESTIC PRODUCTION OF HIGH PURITY

ELECTROLYTIC CHROMIUM METAL.

(a) AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.—Not

later than 60 days after the date of the enactment of this Act,

the Secretary of Defense shall enter into an agreement with the

President of the National Academy of Sciences, under which the

Academy will prepare a report regarding the production of high

purity electrolytic chromium metal in the United States.

(b) ELEMENTS OF REPORT.—In preparing the report under subsection (a), the National Academy of Sciences shall evaluate—

(1) the capability of industrial facilities in the United States

to produce high purity electrolytic chromium metal;

(2) the need to maintain a domestic source for the production of high purity electrolytic chromium metal;

(3) the potential adverse effects on the United States economy and defense capabilities if domestic sources for the production of high purity electrolytic chromium metal are lost;

(4) the availability of high purity electrolytic chromium

metal from sources outside the United States; and

(5) the capability and reliability of such foreign sources

for the production of high purity electrolytic chromium metal.

(c) SUBMISSION OF REPORT.—Not later than 120 days after

the date on which the agreement is entered into under subsection

(a), the National Academy of Sciences shall submit to the Secretary

of Defense and Congress the report required under such agreement.

TITLE XXXIV—CIVIL DEFENSE

Subtitle A—Authorization of

Appropriations

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

There is hereby authorized to be appropriated $129,658,000

for fiscal year 1995 for the purpose of carrying out title VI of

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, as added by section 3411.
S. 2182—439

Subtitle B—Reenactment of Federal Civil

Defense Act of 1950 in the Robert T. Stafford Disaster Relief and Emergency Assistance Act

SEC. 3411. RESTATEMENT OF FEDERAL CIVIL DEFENSE AUTHORITIES

IN THE ROBERT T. STAFFORD DISASTER RELIEF AND

EMERGENCY ASSISTANCE ACT.

(a) RESTATEMENT AS NEW TITLE.—The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)

is amended—

(1) by redesignating title VI as title VII;

(2) by redesignating sections 601, 602, 603, and 604 as

sections 701, 702, 703, and 704, respectively; and

(3) by inserting after title V the following new title VI:

‘‘TITLE VI—EMERGENCY

PREPAREDNESS

‘‘SEC. 601. DECLARATION OF POLICY.

‘‘The purpose of this title is to provide a system of emergency

preparedness for the protection of life and property in the United

States from hazards and to vest responsibility for emergency

preparedness jointly in the Federal Government and the States

and their political subdivisions. The Congress recognizes that the

organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency

preparedness purposes can be effectively utilized to provide relief

and assistance to people in areas of the United States struck

by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this title so that a comprehensive emergency

preparedness system exists for all hazards.

‘‘SEC. 602. DEFINITIONS.

‘‘(a) DEFINITIONS.—For purposes of this title only: ‘‘(1) HAZARD.—The term ‘hazard’ means an emergency or

disaster resulting from— ‘‘(A) a natural disaster; or

‘‘(B) an accidental or man-caused event.

‘‘(2) NATURAL DISASTER.—The term ‘natural disaster’ means

any hurricane, tornado, storm, flood, high water, wind-driven

water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe

in any part of the United States which causes, or which may

cause, substantial damage or injury to civilian property or

persons.

‘‘(3) EMERGENCY PREPAREDNESS.—The term ‘emergency

preparedness’ means all those activities and measures designed

or undertaken to prepare for or minimize the effects of a hazard

upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and

to effectuate emergency repairs to, or the emergency restoration
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of, vital utilities and facilities destroyed or damaged by the

hazard. Such term includes the following:

‘‘(A) Measures to be undertaken in preparation for

anticipated hazards (including the establishment of appropriate organizations, operational plans, and supporting

agreements, the recruitment and training of personnel,

the conduct of research, the procurement and stockpiling

of necessary materials and supplies, the provision of suitable warning systems, the construction or preparation of

shelters, shelter areas, and control centers, and, when

appropriate, the non-military evacuation of the civilian

population).

‘‘(B) Measures to be undertaken during a hazard

(including the enforcement of passive defense regulations

prescribed by duly established military or civil authorities,

the evacuation of personnel to shelter areas, the control

of traffic and panic, and the control and use of lighting

and civil communications).

‘‘(C) Measures to be undertaken following a hazard

(including activities for fire fighting, rescue, emergency

medical, health and sanitation services, monitoring for specific dangers of special weapons, unexploded bomb reconnaissance, essential debris clearance, emergency welfare

measures, and immediately essential emergency repair or

restoration of damaged vital facilities).

‘‘(4) ORGANIZATIONAL EQUIPMENT.—The term ‘organizational equipment’ means equipment determined by the Director

to be necessary to an emergency preparedness organization,

as distinguished from personal equipment, and of such a type

or nature as to require it to be financed in whole or in part

by the Federal Government. Such term does not include those

items which the local community normally uses in combating

local disasters, except when required in unusual quantities

dictated by the requirements of the emergency preparedness

plans.

‘‘(5) MATERIALS.—The term ‘materials’ includes raw materials, supplies, medicines, equipment, component parts and

technical information and processes necessary for emergency

preparedness.

‘‘(6) FACILITIES.—The term ‘facilities’, except as otherwise

provided in this title, includes buildings, shelters, utilities, and

land.

‘‘(7) DIRECTOR.—The term ‘Director’ means the Director

of the Federal Emergency Management Agency.

‘‘(8) NEIGHBORING COUNTRIES.—The term ‘neighboring

countries’ includes Canada and Mexico.

‘‘(9) UNITED STATES AND STATES.—The terms ‘United States’

and ‘States’ includes the several States, the District of Columbia, and territories and possessions of the United States.

‘‘(10) STATE.—The term ‘State’ includes interstate emergency preparedness authorities established under section

611(h).

‘‘(b) CROSS REFERENCE.—The terms ‘national defense’ and

‘defense,’ as used in the Defense Production Act of 1950 (50 U.S.C.

App. 2061 et seq.), includes emergency preparedness activities conducted pursuant to this title.
S. 2182—441

‘‘SEC. 603. ADMINISTRATION OF TITLE.

‘‘This title shall be carried out by the Director of the Federal

Emergency Management Agency.

‘‘Subtitle A—Powers and Duties

‘‘SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

‘‘(a) IN GENERAL.—In order to carry out the policy described

in section 601, the Director shall have the authorities provided

in this section.

‘‘(b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS.—

The Director may prepare Federal response plans and programs

for the emergency preparedness of the United States and sponsor

and direct such plans and programs. To prepare such plans and

programs and coordinate such plans and programs with State

efforts, the Director may request such reports on State plans and

operations for emergency preparedness as may be necessary to

keep the President, Congress, and the States advised of the status

of emergency preparedness in the United States.

‘‘(c) DELEGATION OF EMERGENCY PREPAREDNESS RESPONSIBILITIES.—With the approval of the President, the Director may delegate to other departments and agencies of the Federal Government

appropriate emergency preparedness responsibilities and review

and coordinate the emergency preparedness activities of the departments and agencies with each other and with the activities of

the States and neighboring countries.

‘‘(d) COMMUNICATIONS AND WARNINGS.—The Director may make

appropriate provision for necessary emergency preparedness

communications and for dissemination of warnings to the civilian

population of a hazard.

‘‘(e) EMERGENCY PREPAREDNESS MEASURES.—The Director may

study and develop emergency preparedness measures designed to

afford adequate protection of life and property, including—

‘‘(1) research and studies as to the best methods of treating

the effects of hazards;

‘‘(2) developing shelter designs and materials for protective

covering or construction; and

‘‘(3) developing equipment or facilities and effecting the

standardization thereof to meet emergency preparedness

requirements.

‘‘(f) TRAINING PROGRAMS.—(1) The Director may— ‘‘(A) conduct or arrange, by contract or otherwise, for training programs for the instruction of emergency preparedness

officials and other persons in the organization, operation, and

techniques of emergency preparedness;

‘‘(B) conduct or operate schools or including the payment

of travel expenses, in accordance with subchapter I of chapter

57 of title 5, United States Code, and the Standardized Government Travel Regulations, and per diem allowances, in lieu

of subsistence for trainees in attendance or the furnishing

of subsistence and quarters for trainees and instructors on

terms prescribed by the Director; and

‘‘(C) provide instructors and training aids as necessary.

‘‘(2) The terms prescribed by the Director for the payment

of travel expenses and per diem allowances authorized by this
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subsection shall include a provision that such payment shall not

exceed one-half of the total cost of such expenses.

‘‘(3) The Director may lease real property required for the

purpose of carrying out this subsection, but may not acquire fee

title to property unless specifically authorized by law.

‘‘(g) PUBLIC DISSEMINATION OF EMERGENCY PREPAREDNESS

INFORMATION.—The Director may publicly disseminate appropriate

emergency preparedness information by all appropriate means.

‘‘(h) INTERSTATE EMERGENCY PREPAREDNESS COMPACTS.—(1)

The Director may—

‘‘(A) assist and encourage the States to negotiate and enter

into interstate emergency preparedness compacts;

‘‘(B) review the terms and conditions of such proposed

compacts in order to assist, to the extent feasible, in obtaining

uniformity between such compacts and consistency with Federal

emergency response plans and programs;

‘‘(C) assist and coordinate the activities under such compacts; and

‘‘(D) aid and assist in encouraging reciprocal emergency

preparedness legislation by the States which will permit the

furnishing of mutual aid for emergency preparedness purposes

in the event of a hazard which cannot be adequately met

or controlled by a State or political subdivision thereof threatened with or experiencing a hazard.

‘‘(2) A copy of each interstate emergency preparedness compact

shall be transmitted promptly to the Senate and the House of

Representatives. The consent of Congress is deemed to be granted

to each such compact upon the expiration of the 60-day period

beginning on the date on which the compact is transmitted to

Congress. ‘‘(3) Nothing in this subsection shall be construed as preventing

Congress from disapproving, or withdrawing at any time its consent

to, any interstate emergency preparedness compact. ‘‘(i) MATERIALS AND FACILITIES.—(1) The Director may procure

by condemnation or otherwise, construct, lease, transport, store,

maintain, renovate or distribute materials and facilities for emergency preparedness, with the right to take immediate possession

thereof.

‘‘(2) Facilities acquired by purchase, donation, or other means

of transfer may be occupied, used, and improved for the purposes

of this title before the approval of title by the Attorney General

as required by section 355 of the Revised Statutes (40 U.S.C.

255).

‘‘(3) The Director shall submit to Congress a report, at least

quarterly, describing all property acquisitions made pursuant to

this subsection.

‘‘(4) The Director may lease real property required for the

purpose of carrying out the provisions of this subsection, but shall

not acquire fee title to property unless specifically authorized by

law.

‘‘(5) The Director may procure and maintain under this subsection radiological, chemical, bacteriological, and biological agent

monitoring and decontamination devices and distribute such devices

by loan or grant to the States for emergency preparedness purposes,

under such terms and conditions as the Director shall prescribe.

‘‘(j) FINANCIAL CONTRIBUTIONS.—(1) The Director may make

financial contributions, on the basis of programs or projects
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approved by the Director, to the States for emergency preparedness

purposes, including the procurement, construction, leasing, or renovating of materials and facilities. Such contributions shall be made

on such terms or conditions as the Director shall prescribe, including

the method of purchase, the quantity, quality, or specifications

of the materials or facilities, and such other factors or care or

treatment to assure the uniformity, availability, and good condition

of such materials or facilities.

‘‘(2) No contribution may be made under this subsection for

the procurement of land or for the purchase of personal equipment

for State or local emergency preparedness workers.

‘‘(3) The amounts authorized to be contributed by the Director

to each State for organizational equipment shall be equally matched

by such State from any source it determines is consistent with

its laws.

‘‘(4) Financial contributions to the States for shelters and other

protective facilities shall be determined by taking the amount of

funds appropriated or available to the Director for such facilities

in each fiscal year and apportioning such funds among the States

in the ratio which the urban population of the critical target areas

(as determined by the Director) in each State, at the time of the

determination, bears to the total urban population of the critical

target areas of all of the States.

‘‘(5) The amounts authorized to be contributed by the Director

to each State for such shelters and protective facilities shall be

equally matched by such State from any source it determines is

consistent with its laws and, if not matched within a reasonable

time, the Director may reallocate such amounts to other States

under the formula described in paragraph (4). The value of any

land contributed by any State or political subdivision thereof shall

be excluded from the computation of the State share under this

subsection.

‘‘(6) The amounts paid to any State under this subsection

shall be expended solely in carrying out the purposes set forth

herein and in accordance with State emergency preparedness programs or projects approved by the Director. The Director shall

make no contribution toward the cost of any program or project

for the procurement, construction, or leasing of any facility which

(A) is intended for use, in whole or in part, for any purpose other

than emergency preparedness, and (B) is of such kind that upon

completion it will, in the judgment of the Director, be capable

of producing sufficient revenue to provide reasonable assurance

of the retirement or repayment of such cost; except that (subject

to the preceding provisions of this subsection) the Director may

make a contribution to any State toward that portion of the cost

of the construction, reconstruction, or enlargement of any facility

which the Director determines to be directly attributable to the

incorporation in such facility of any feature of construction or design

not necessary for the principal intended purpose thereof but which

is, in the judgment of the Director necessary for the use of such

facility for emergency preparedness purposes.

‘‘(7) The Director shall submit to Congress a report, at least

annually, regarding all contributions made pursuant to this subsection.

‘‘(8) All laborers and mechanics employed by contractors or

subcontractors in the performance of construction work financed

with the assistance of any contribution of Federal funds made
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by the Director under this subsection shall be paid wages at rates

not less than those prevailing on similar construction in the locality

as determined by the Secretary of Labor in accordance with the

Act of March 3, 1931 (commonly known as the Davis-Bacon Act

(40 U.S.C. 276a–276a–5)), and every such employee shall receive

compensation at a rate not less than one and 1⁄2 times the basic

rate of pay of the employee for all hours worked in any workweek

in excess of eight hours in any workday or 40 hours in the workweek, as the case may be. The Director shall make no contribution

of Federal funds without first obtaining adequate assurance that

these labor standards will be maintained upon the construction

work. The Secretary of Labor shall have, with respect to the labor

standards specified in this subsection, the authority and functions

set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C.

App.) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)). ‘‘(k) SALE OR DISPOSAL OF CERTAIN MATERIALS AND FACILI- TIES.—The Director may arrange for the sale or disposal of materials and facilities found by the Director to be unnecessary or unsuitable

for emergency preparedness purposes in the same manner as provided for excess property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). Any funds

received as proceeds from the sale or other disposition of such

materials and facilities shall be deposited into the Treasury as

miscellaneous receipts.

‘‘SEC. 612. MUTUAL AID PACTS BETWEEN STATES AND NEIGHBORING

COUNTRIES.

‘‘The Director shall give all practicable assistance to States in arranging, through the Department of State, mutual emergency

preparedness aid between the States and neighboring countries.

‘‘SEC. 613. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE

EXPENSES.

‘‘(a) GENERAL AUTHORITY.—To further assist in carrying out the purposes of this title, the Director may make financial contributions to the States (including interstate emergency preparedness

authorities established pursuant to section 611(h)) for necessary

and essential State and local emergency preparedness personnel

and administrative expenses, on the basis of approved plans (which

shall be consistent with the Federal emergency response plans

for emergency preparedness) for the emergency preparedness of

the States. The financial contributions to the States under this

section may not exceed one-half of the total cost of such necessary

and essential State and local emergency preparedness personnel

and administrative expenses. ‘‘(b) PLAN REQUIREMENTS.—A plan submitted under this section

shall—

‘‘(1) provide, pursuant to State law, that the plan shall

be in effect in all political subdivisions of the State and be

mandatory on them and be administered or supervised by a

single State agency;

‘‘(2) provide that the State shall share the financial assistance with that provided by the Federal Government under

this section from any source determined by it to be consistent

with State law;

‘‘(3) provide for the development of State and local emergency preparedness operational plans, pursuant to standards

approved by the Director;
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‘‘(4) provide for the employment of a full-time emergency

preparedness director, or deputy director, by the State;

‘‘(5) provide that the State shall make such reports in

such form and content as the Director may require; and

‘‘(6) make available to duly authorized representatives of

the Director and the Comptroller General, books, records, and

papers necessary to conduct audits for the purposes of this

section.

‘‘(c) TERMS AND CONDITIONS.—The Director shall establish such

other terms and conditions as the Director considers necessary

and proper to carry out this section.

‘‘(d) APPLICATION OF OTHER PROVISIONS.—In carrying out this

section, the provisions of section 611(h) and 621(h) shall apply.

‘‘(e) ALLOCATION OF FUNDS.—For each fiscal year concerned,

the Director shall allocate to each State, in accordance with regulations and the total sum appropriated under this title, amounts

to be made available to the States for the purposes of this section.

Regulations governing allocations to the States under this subsection shall give due regard to (1) the criticality of the areas

which may be affected by hazards with respect to the development

of the total emergency preparedness readiness of the United States,

(2) the relative state of development of emergency preparedness

readiness of the State, (3) population, and (4) such other factors

as the Director shall prescribe. The Director may reallocate the

excess of any allocation not used by a State in a plan submitted

under this section. Amounts paid to any State or political subdivision under this section shall be expended solely for the purposes

set forth in this section.

‘‘(f) SUBMISSION OF PLAN.—If a State fails to submit a plan

for approval as required by this section within 60 days after the

Director notifies the States of the allocations under this section,

the Director may reallocate such funds, or portions thereof, among

the other States in such amounts as, in the judgment of the Director,

will best assure the adequate development of the emergency

preparedness capability of the United States.

‘‘(g) ANNUAL REPORTS.—The Director shall report annually to

the Congress all contributions made pursuant to this section.

‘‘SEC. 614. REQUIREMENT FOR STATE MATCHING FUNDS FOR

CONSTRUCTION OF EMERGENCY OPERATING CENTERS.

‘‘Notwithstanding any other provision of this title, funds appropriated to carry out this title may not be used for the purpose

of constructing emergency operating centers (or similar facilities)

in any State unless such State matches in an equal amount the

amount made available to such State under this title for such

purpose.

‘‘SEC. 615. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZARDS.

‘‘Funds made available to the States under this title may be

used by the States for the purposes of preparing for hazards and

providing emergency assistance in response to hazards. Regulations

prescribed to carry out this section shall authorize the use of emergency preparedness personnel, materials, and facilities supported

in whole or in part through contributions under this title for emergency preparedness activities and measures related to hazards.
S. 2182—446

‘‘Subtitle B—General Provisions

‘‘SEC. 621. ADMINISTRATIVE AUTHORITY.

‘‘(a) IN GENERAL.—For the purpose of carrying out the powers

and duties assigned to the Director under this title, the Director

may exercise the administrative authorities provided under this

section.

‘‘(b) ADVISORY PERSONNEL.—(1) The Director may employ not

more than 100 part-time or temporary advisory personnel (including

not to exceed 25 subjects of the United Kingdom or citizens of

Canada) as the Director considers to be necessary in carrying out

the provisions of this title.

‘‘(2) Persons holding other offices or positions under the United

States for which they receive compensation, while serving as

advisory personnel, shall receive no additional compensation for

such service. Other part-time or temporary advisory personnel so

employed may serve without compensation or may receive compensation at a rate not to exceed $180 for each day of service,

plus authorized subsistence and travel, as determined by the Director.

‘‘(c) SERVICES OF OTHER AGENCY PERSONNEL AND VOLUNTEERS.—The Director may—

‘‘(1) use the services of Federal agencies and, with the

consent of any State or local government, accept and use the

services of State and local agencies;

‘‘(2) establish and use such regional and other offices as

may be necessary; and ‘‘(3) use such voluntary and uncompensated services by

individuals or organizations as may from time to time be

needed.

‘‘(d) GIFTS.—Notwithstanding any other provision of law, the

Director may accept gifts of supplies, equipment, and facilities

and may use or distribute such gifts for emergency preparedness

purposes in accordance with the provisions of this title.

‘‘(e) REIMBURSEMENT.—The Director may reimburse any Federal agency for any of its expenditures or for compensation of

its personnel and use or consumption of its materials and facilities

under this title to the extent funds are available.

‘‘(f) PRINTING.—The Director may purchase such printing, binding, and blank-book work from public, commercial, or private printing establishments or binderies as the Director considers necessary

upon orders placed by the Public Printer or upon waivers issued

in accordance with section 504 of title 44, United States Code.

‘‘(g) RULES AND REGULATIONS.—The Director may prescribe

such rules and regulations as may be necessary and proper to

carry out any of the provisions of this title and perform any of

the powers and duties provided by this title. The Director may

perform any of the powers and duties provided by this title through

or with the aid of such officials of the Federal Emergency Management Agency as the Director may designate.

‘‘(h) FAILURE TO EXPEND CONTRIBUTIONS CORRECTLY.—(1)

When, after reasonable notice and opportunity for hearing to the

State or other person involved, the Director finds that there is

a failure to expend funds in accordance with the regulations, terms,

and conditions established under this title for approved emergency

preparedness plans, programs, or projects, the Director may notify
S. 2182—447

such State or person that further payments will not be made

to the State or person from appropriations under this title (or

from funds otherwise available for the purposes of this title for

any approved plan, program, or project with respect to which there

is such failure to comply) until the Director is satisfied that there

will no longer be any such failure.

‘‘(2) Until so satisfied, the Director shall either withhold the

payment of any financial contribution to such State or person or

limit payments to those programs or projects with respect to which

there is substantial compliance with the regulations, terms, and

conditions governing plans, programs, or projects hereunder.

‘‘(3) As used in this subsection, the term ‘person’ means the

political subdivision of any State or combination or group thereof

or any person, corporation, association, or other entity of any nature

whatsoever, including instrumentalities of States and political subdivisions.

‘‘SEC. 622. SECURITY REGULATIONS.

‘‘(a) ESTABLISHMENT.—The Director shall establish such security requirements and safeguards, including restrictions with

respect to access to information and property as the Director considers necessary.

‘‘(b) LIMITATIONS ON EMPLOYEE ACCESS TO INFORMATION.—No

employee of the Federal Emergency Management Agency shall be

permitted to have access to information or property with respect

to which access restrictions have been established under this section, until it shall have been determined that no information is

contained in the files of the Federal Bureau of Investigation or

any other investigative agency of the Government indicating that

such employee is of questionable loyalty or reliability for security

purposes, or if any such information is so disclosed, until the Federal

Bureau of Investigation shall have conducted a full field investigation concerning such person and a report thereon shall have been

evaluated in writing by the Director. ‘‘(c) NATIONAL SECURITY POSITIONS.—No employee of the Federal Emergency Management Agency shall occupy any position

determined by the Director to be of critical importance from the

standpoint of national security until a full field investigation

concerning such employee shall have been conducted by the Director

of the Office of Personnel Management and a report thereon shall

have been evaluated in writing by the Director of the Federal

Emergency Management Agency. In the event such full field investigation by the Director of the Office of Personnel Management

develops any data reflecting that such applicant for a position

of critical importance is of questionable loyalty or reliability for

security purposes, or if the Director of the Federal Emergency

Management Agency for any other reason considers it to be advisable, such investigation shall be discontinued and a report thereon

shall be referred to the Director of the Federal Emergency Management Agency for evaluation in writing. Thereafter, the Director

of the Federal Emergency Management Agency may refer the matter to the Federal Bureau of Investigation for the conduct of a

full field investigation by such Bureau. The result of such latter

investigation by such Bureau shall be furnished to the Director

of the Federal Emergency Management Agency for action.

‘‘(d) EMPLOYEE OATHS.—Each Federal employee of the Federal

Emergency Management Agency acting under the authority of this
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title, except the subjects of the United Kingdom and citizens of

Canada specified in section 621(b), shall execute the loyalty oath

or appointment affidavits prescribed by the Director of the Office

of Personnel Management. Each person other than a Federal

employee who is appointed to serve in a State or local organization

for emergency preparedness shall before entering upon duties, take

an oath in writing before a person authorized to administer oaths,

which oath shall be substantially as follows:

‘‘ ‘I, lllll, do solemnly swear (or affirm) that I will

support and defend the Constitution of the United States

against all enemies, foreign and domestic; that I will bear

true faith and allegiance to the same; that I take this obligation

freely, without any mental reservation or purpose of evasion;

and that I will well and faithfully discharge the duties upon

which I am about to enter.

‘‘ ‘And I do further swear (or affirm) that I do not advocate,

nor am I a member or an affiliate of any organization, group,

or combination of persons that advocates the overthrow of the

Government of the United States by force or violence; and

that during such time as I am a member of lllll (name

of emergency preparedness organization), I will not advocate

nor become a member or an affiliate of any organization, group,

or combination of persons that advocates the overthrow of the

Government of the United States by force or violence.’

After appointment and qualification for office, the director of emergency preparedness of any State, and any subordinate emergency

preparedness officer within such State designated by the director

in writing, shall be qualified to administer any such oath within

such State under such regulations as the director shall prescribe.

Any person who shall be found guilty of having falsely taken such

oath shall be punished as provided in section 1621 of title 18,

United States Code.

‘‘SEC. 623. USE OF EXISTING FACILITIES.

‘‘In performing duties under this title, the Director—

‘‘(1) shall cooperate with the various departments and agencies of the Federal Government;

‘‘(2) shall use, to the maximum extent, the existing facilities

and resources of the Federal Government and, with their consent, the facilities and resources of the States and political

subdivisions thereof, and of other organizations and agencies;

and

‘‘(3) shall refrain from engaging in any form of activity

which would duplicate or parallel activity of any other Federal

department or agency unless the Director, with the written

approval of the President, shall determine that such duplication

is necessary to accomplish the purposes of this title.

‘‘SEC. 624. ANNUAL REPORT TO CONGRESS.

‘‘The Director shall annually submit a written report to the

President and Congress covering expenditures, contributions, work,

and accomplishments of the Federal Emergency Management

Agency pursuant to this title, accompanied by such recommendations as the Director considers appropriate.
S. 2182—449

‘‘SEC. 625. APPLICABILITY OF TITLE.

‘‘The provisions of this title shall be applicable to the United

States, its States, Territories and possessions, and the District

of Columbia, and their political subdivisions.

‘‘SEC. 626. AUTHORIZATION OF APPROPRIATIONS AND TRANSFERS OF

FUNDS.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

the provisions of this title.

‘‘(b) TRANSFER AUTHORITY.—Funds made available for the purposes of this title may be allocated or transferred for any of the

purposes of this title, with the approval of the Director of the

Office of Management and Budget, to any agency or government

corporation designated to assist in carrying out this title. Each

such allocation or transfer shall be reported in full detail to the

Congress within 30 days after such allocation or transfer.

‘‘SEC. 627. RELATION TO ATOMIC ENERGY ACT OF 1954.

‘‘Nothing in this title shall be construed to alter or modify

the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011

et seq.).

‘‘SEC. 628. FEDERAL BUREAU OF INVESTIGATION.

‘‘Nothing in this title shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any persons

other than personnel of the Federal Bureau of Investigation.’’.

(b) CONFORMING AMENDMENT REGARDING DEFINITION OF

NATIONAL DEFENSE.—Section 702(13) of the Defense Production

Act of 1950 (50 U.S.C. App. 2152(13)) is amended by adding at

the end the following new sentence: ‘‘Such term includes emergency

preparedness activities conducted pursuant to title VI of The Robert

T. Stafford Disaster Relief and Emergency Assistance Act.’’.

SEC. 3412. REPEAL OF FEDERAL CIVIL DEFENSE ACT OF 1950.

(a) REPEAL.—The Federal Civil Defense Act of 1950 (50 U.S.C.

App. 2251 et seq.) is repealed.

(b) CONFORMING AMENDMENTS.—(1) Section 202(c) of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5132(c)) is amended by striking out ‘‘section 201(c) of the

Federal Civil Defense Act of 1950, as amended (50 U.S.C. App.

2281(c)),’’ and inserting in lieu thereof ‘‘section 611(c) of this Act’’.

(2) The paragraph under the heading ‘‘CIVIL DEFENSE PROCUREMENT FUND’’ in chapter XI of the Third Supplemental Appropriation

Act, 1951 (50 U.S.C. App. 2264), is repealed.

(3) Section 813(d) of the Agricultural Act of 1970 (7 U.S.C.

1427a(d)) is amended by striking out ‘‘the provisions of the Federal

Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251–

2297).’’ and inserting in lieu thereof ‘‘title VI of The Robert T.

Stafford Disaster Relief and Emergency Assistance Act.’’.
S. 2182—450

TITLE XXXV—NAVAL PETROLEUM

RESERVES

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.

There is hereby authorized to be appropriated to the Secretary

of Energy $199,456,000 for fiscal year 1995 for the purpose of

carrying out activities under chapter 641 of title 10, United States

Code, relating to the naval petroleum reserves (as defined in section

7420(2) of such title). Funds appropriated pursuant to such

authorization shall remain available until expended.

SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM

DURING FISCAL YEAR 1995.

Notwithstanding section 7430(b)(2) of title 10, United States

Code, during fiscal year 1995, any sale of any part of the United

States share of petroleum produced from Naval Petroleum Reserves

Numbered 1, 2, and 3 shall be made at a price not less than

90 percent of the current sales price, as estimated by the Secretary

of Energy, of comparable petroleum in the same area.

SEC. 3503. EXTENSION OF OPERATING CONTRACT FOR NAVAL PETROLEUM RESERVE NUMBERED 1.

Notwithstanding section 7432(b) of title 10, United States Code,

the Secretary of Energy may extend the operating contract for

Naval Petroleum Reserve Numbered 1, in effect on the date of

the enactment of this Act, for an additional two years effective

on the expiration date of the contract. However, the contract may

obligate funds only to the extent that such funds are made available

in appropriation Acts.

TITLE XXXVI—PANAMA CANAL

COMMISSION

SEC. 3601. SHORT TITLE.

This title may be cited as the ‘‘Panama Canal Commission

Authorization Act for Fiscal Year 1995’’.

SEC. 3602. AUTHORIZATION OF EXPENDITURES.

(a) IN GENERAL.—Subject to subsection (b), the Panama Canal

Commission is authorized to make such expenditures within the

limits of funds and borrowing authority available to it in accordance

with law, and to make such contracts and commitments without

regard to fiscal year limitations, as may be necessary under the

Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation,

maintenance, and improvement of the Panama Canal for fiscal

year 1995. (b) LIMITATIONS.—For fiscal year 1995, the Panama Canal

Commission may expend from funds in the Panama Canal Revolving

Fund not more than $50,030,000 for administrative expenses, of

which not more than—

(1) $11,000 may be used for official reception and representation expenses of the Supervisory Board of the Commission;

(2) $5,000 may be used for official reception and representation expenses of the Secretary of the Commission; and
S. 2182—451

(3) $30,000 may be used for official reception and representation expenses of the Administrator of the Commission.

(c) REPLACEMENT VEHICLES.—Funds available to the Panama

Canal Commission shall be available for the purchase of not to

exceed 43 passenger motor vehicles (including large heavy-duty

vehicles to be used to transport Commission personnel across the

isthmus of Panama). A vehicle may be purchased with such funds

only as necessary to replace another passenger motor vehicle of

the Commission. The purchase price of each vehicle may not exceed

$19,500.

SEC. 3603. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.

Expenditures authorized under this title may be made only

in accordance with the Panama Canal Treaties of 1977 and any

law of the United States implementing those treaties.

SEC. 3604. COSTS OF EDUCATIONAL SERVICES OBTAINED IN THE

UNITED STATES.

Section 1321(e)(2) of the Panama Canal Act of 1979 (22 U.S.C.

3731(e)(2)) is amended by inserting ‘‘or the United States’’ after

‘‘schools in the Republic of Panama’’.
S. 2182—452

SEC. 3605. SPECIAL IMMIGRANT STATUS OF PANAMANIANS EMPLOYED

BY THE UNITED STATES IN THE FORMER CANAL ZONE.

Section 101(a)(27)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(F)) is amended in clause (ii) by inserting

‘‘or continues to be employed by the United States Government

in an area of the former Canal Zone’’ after ‘‘employment’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.