II

Calendar No. 459

103D CONGRESS

2D SESSION S. 2182

[Report No. 103–282]

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.

IN THE SENATE OF THE UNITED STATES

JUNE 14 (legislative day, JUNE 7), 1994

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

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

A BILL

To authorize appropriations for fiscal year 1995 for military

activities of the Department of Defense, for military

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

such fiscal year for the Armed Forces, and for other

purposes.

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

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

3 Authorization Act for Fiscal Year 1995’’.

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

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows:

8 (1) Division A—Department of Defense Au9 thorizations.

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

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

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

16 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

Sec. 4. General limitation.

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 M1A2 tank upgrades.
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Sec. 112. Transfer of replacement Army tank to Marine Corps Reserve.

Sec. 113. Replacement surveillance system for Korea.

Sec. 114. Small arms industrial base.

Subtitle C—Navy Programs

Sec. 121. Nuclear aircraft carrier program.

Subtitle D—Air Force Programs

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

Subtitle E—Other Matters

Sec. 141. Preserving the bomber industrial base.

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Strategic environmental research and development program.

Subtitle B—Programs Requirements, Restrictions, and

Limitations

Sec. 211. Tactical antisatellite technologies program.

Sec. 212. Transfer of MILSTAR communications satellite program.

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

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

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

Sec. 216. Federally funded research and development centers.

Subtitle C—Missile Defense Programs

Sec. 221. Compliance of ballistic missile defense systems and components with

ABM treaty.

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

Sec. 223. Limitation.

Subtitle D—Defense Conversion, Reinvestment, and Transition

Assistance Matters

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

1995.

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

participation in technology reinvestment projects.

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

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

the technology and industrial base.

Subtitle E—Other Matters

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

Sec. 242. Defense women’s health research program.
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Sec. 243. Requirement for submission of annual report of the Semiconductor

Technology Council to Congress.

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

littoral warfare.

Sec. 245. LANSCE/LAMPF upgrades.

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

Sec. 247. University Research Initiative support program.

Sec. 248. Manufacturing science and technology program.

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

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home funding.

Sec. 304. National Security Education Trust Fund obligations.

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

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

Subtitle B—Defense Business Operations Fund

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

funds and certain activities.

Sec. 312. Implementation of improvement plan.

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

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

Subtitle C—Environmental Matters

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

the Department of Defense.

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

for payment of fines and penalties.

Sec. 323. Participation of Indian tribes in agreements for defense environmental restoration.

Subtitle D—Matters Relating to Department of Defense

Civilian Employees

Sec. 331. Extension of certain transition assistance authorities.

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

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

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

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

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

Sec. 337. Increased authority to accept voluntary services.

Subtitle E—Other Matters

Sec. 341. Change of source for performance of depot-level workloads.
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Sec. 342. Civil Air Patrol.

Sec. 343. Armed Forces Retirement Home.

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

Sec. 345. ARMS Initiative loan guarantee program.

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

secondary schools for dependents.

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

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

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

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

General.

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

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

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

Sec. 353. Ships’ stores.

Sec. 354. Humanitarian program for clearing landmines.

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

members of the Armed Forces and their families.

Sec. 356. Maritime prepositioning ship enhancement.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

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

the Marine Corps for fiscal years after fiscal year 1995.

Sec. 404. Exception to limitation on number of general officers and flag officers

serving on active duty.

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

counting toward number of senior admirals authorized to be on

active duty.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

Subtitle E—Other Matters

Sec. 441. Repeal of required reduction in recruiting personnel.
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TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Service on successive selection boards.

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

officers on active-duty lists.

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

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

grades above first lieutenant or lieutenant (junior grade).

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

scout officers.

Subtitle B—Reserve Component Matters

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

with consent.

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

mobilized other than during war or national emergency.

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

members to reserve components.

Subtitle C—Other Matters

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

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Subtitle B—Bonuses and Special and Incentive Pays

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

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

nurse officer candidates, registered nurses, and nurse anesthetists.

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

Subtitle C—Travel and Transportation Allowances

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

Subtitle D—Retired Pay and Survivor Benefits

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

grade lower than the grade held at retirement.

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

retired pay.

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

Subtitle E—Defense Conversion, Reinvestment, and Transition

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

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

Transition Initiative.

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

program.

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

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

Community Corps.

Subtitle F—Other Matters

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

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

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

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

TITLE VII—HEALTH CARE PROVISIONS

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

adopted by members or former members.

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

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

is authorized.

Sec. 704. Coordination of benefits with medicare.

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

Sec. 706. Chiropractic health care demonstration program.

Sec. 707. Implementation of annual health care survey requirement.

Sec. 708. Establishment of medicare special enrollment period for certain military retirees and dependents and payment of late enrollment

penalty by Department of Defense.

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

pharmaceuticals.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Use of Merit Based Selection Procedures

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

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

competitive procedures for awarding certain contracts to colleges and universities.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Procurement technical assistance programs.

Sec. 812. Pilot Mentor-Protege Program.

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

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

business subcontracting plans.
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Sec. 815. Limitation regarding acquisition assistance regulations required by

Public Law 103–160 but not issued.

Subtitle C—Other Matters

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

industrial base periodic defense capability assessment and a

periodic defense capability plan.

Sec. 822. Delegation of industrial mobilization authority.

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

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.

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

Subtitle B—Commission on Roles and Missions of the Armed

Forces

Sec. 911. Review of reserve components.

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

Subtitle C—Other Matters

Sec. 921. Composition of reserve forces policy board.

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

Sciences.

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

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Emergency supplemental authorization of appropriations for fiscal

year 1994.

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

Subtitle B—Matters Relating to Allies and Other Nations

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

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

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

reduction.

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

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

Sec. 1016. Foreign disaster relief.

Subtitle C—Nonproliferation and Counterproliferation of

Weapon Systems and Related Systems
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Sec. 1021. Extension and revision of nonproliferation authorities.

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

the United States.

Sec. 1023. Report on counterproliferation activities and programs.

Sec. 1024. Amounts for counterproliferation activities.

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

Subtitle D—Peace Operations

Sec. 1031. Reports on reforming multilateral peace operations.

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

Subtitle E—Reporting Requirements

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

former Soviet Union.

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

Congress.

Subtitle F—Acceptance of Prerelease Services of Nonviolent

Offenders

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

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

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

Subtitle G—Other Matters

Sec. 1061. Redesignation of United States Court of Military Appeals and the

Courts of Military Review.

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

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

Sec. 1064. Defense Mapping Agency.

Sec. 1065. Transfer of naval vessels to Brazil.

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

Sec. 1067. Limitation regarding merger of telecommunications systems.

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. Relocation of Army family housing units from Fort Hunter Liggett,

California, to Fort Stewart, Georgia.

TITLE XXII—NAVY
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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. Authority to carry out construction project, Naval Supply Center,

Pensacola, Florida.

Sec. 2206. Relocation of Pascagoula Coast Guard Station, Mississippi.

Sec. 2207. Authority to carry out construction design for Mayport Naval Station, Florida.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. 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, Tyndall Air Force

Base, Florida.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Family housing.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Termination of authority to carry out fiscal year 1993 project.

Sec. 2407. Community impact assistance with regard to Naval Weapons Station, Charleston, South Carolina.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Authorization of certain National Guard and Reserve projects for

which funds have been appropriated.

TITLE XXVII—EXPIRATION OF AUTHORIZATIONS

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

by law.

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

Sec. 2703. Clarification of extension of authorizations of certain fiscal year

1991 projects.

Sec. 2704. Extension of certain fiscal year 1991 projects.

Sec. 2705. Effective date.

TITLE XXVIII—GENERAL PROVISIONS
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Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Clarification of requirement for notification of Congress of improvements in family housing units.

Sec. 2802. Authority to pay closing costs under Homeowners Assistance Program.

Subtitle B—Base Closure Matters

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

conversion planning undertaken by potential affected communities.

Sec. 2812. Clarifying and technical amendments to base closure laws.

Subtitle C—Land Transactions Generally

Sec. 2821. Land transfer, Holloman Air Force Base, New Mexico.

Sec. 2822. Joint use of property, Port Hueneme, California.

Sec. 2823. Lease of property, Naval Radio Receiving Facility, Imperial Beach,

Coronado, California.

Sec. 2824. Release of reversionary interest on certain property in York County

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

Sec. 2825. Land transfer, Fort Devens, Massachusetts.

Sec. 2826. Land conveyance, Cornhusker Army Ammunition Plant, Hall County, Nebraska.

Sec. 2827. Transfer or conveyance of certain parcels of property through General Services Administration.

Subtitle D—Changes to Existing Land Transaction Authority

Sec. 2831. Modifications of land conveyance, Fort A.P. Hill Military Reservation, Virginia.

Sec. 2832. Modification of conveyance of electricity distribution system, Fort

Dix, New Jersey.

Sec. 2833. Modification of land conveyance, Fort Knox, Kentucky.

Sec. 2834. Preservation of Calverton Pine Barrens, Naval Weapons Industrial

Reserve Plant, New York, as nature preserve.

Subtitle E—Other Matters

Sec. 2841. Joint construction contracting for commissaries and

nonappropriated fund instrumentality facilities.

Sec. 2842. National Guard facility contracts subject to performance supervision

by the Army or the Navy.

Sec. 2843. Waiver of reporting requirements for certain real property transactions in the event of war or national emergency.

Sec. 2844. Report on use of funds for environmental restoration at Cornhusker

Army Ammunition Plant, Hall County, Nebraska.

Sec. 2845. Department of Defense laboratory revitalization demonstration program.

Sec. 2846. Agreements of settlement for release of improvements at overseas

military installations.

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

Sec. 3105. General reduction in authorization of appropriations.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Funds transfer authority.

Sec. 3125. Authority for construction design.

Sec. 3126. Requirement for completion of conceptual design to precede request

for construction funds.

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

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

Sec. 3129. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.

Sec. 3132. Defense inertial confinement fusion program.

Sec. 3133. Payment of penalties.

Sec. 3134. Water management programs.

Sec. 3135. Limitation on use of funds for special access programs.

Sec. 3136. Protection of nuclear weapons facilities workers.

Sec. 3137. National security programs.

Sec. 3138. Scholarship and Fellowship Program for Environmental Restoration

and Waste Management.

Sec. 3139. Hazardous materials management and hazardous materials emergency response training program.

Sec. 3140. Programs for persons who may have been exposed to radiation released from Hanford Nuclear Reservation.

Sec. 3141. Solar energy activities at Nevada Test Site, Nevada,

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. Tritium production.

Sec. 3155. Office of Fissile Materials Disposition.

Sec. 3156. Extension of authority to loan personnel and facilities at Idaho National Engineering Laboratory.

Sec. 3157. Elimination of requirement for five-year plan for defense nuclear facilities.
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Sec. 3158. Increase in number of positions for environmental restoration and

waste management personnel excepted from civil service laws.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD AUTHORIZATION

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

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

Defense Stockpile.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Repeal of advisory committee requirement.

Sec. 3304. Rotation of materials to prevent technological obsolescence.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Expenditures in accordance with other laws.

Sec. 3504. Costs of educational services obtained in the United States.

Sec. 3505. Special immigrant status of Panamanians employed by the United

States in the former Canal Zone.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

5 and House of Representatives.

6 SEC. 4. GENERAL LIMITATION.

7 Notwithstanding any other provision of this Act, the

8 total amount authorized to be appropriated for fiscal year

9 1995 under the provisions of this Act is

10 $263,130,327,000, of which the total amount authorized

11 to be appropriated for fiscal year 1995 under the provi12 sions of—

13 (1) division A is $244,063,401,000;
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1 (2) division B is $8,593,903,000; and

2 (3) division C is $10,473,023,000.

3 DIVISION A—DEPARTMENT OF

4 DEFENSE AUTHORIZATIONS

5 TITLE I—PROCUREMENT

6 Subtitle A—Authorization of

7 Appropriations

8 SEC. 101. ARMY.

9 Funds are hereby authorized to be appropriated for

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

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

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

13 (3) For weapons and tracked combat vehicles,

14 $1,132,886,000.

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

16 (5) For other procurement, $2,677,719,000.

17 SEC. 102. NAVY AND MARINE CORPS.

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 1995 for procurement for the Navy

20 as follows:

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

22 (2) For weapons, including missiles and tor23 pedoes, $2,428,539,000.

24 (3) For shipbuilding and conversion,

25 $6,132,807,000.
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1 (4) For other procurement, $3,310,217,000.

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

3 be appropriated for fiscal year 1995 for procurement for

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

5 SEC. 103. AIR FORCE.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1995 for procurement for the Air Force as fol8 lows:

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

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

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

12 SEC. 104. DEFENSE-WIDE ACTIVITIES.

13 Funds are hereby authorized to be appropriated for

14 fiscal year 1995 for Defense-wide procurement in the

15 amount of $1,935,616,000.

16 SEC. 105. RESERVE COMPONENTS.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1995 for procurement of aircraft, vehicles, com19 munications equipment, and other equipment for the re20 serve components of the Armed Forces as follows:

21 (1) For the Army National Guard,

22 $85,000,000.

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

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

25 (4) For the Naval Reserve, $65,000,000.
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1 (5) For the Air Force Reserve, $60,000,000.

2 (6) For the Marine Corps Reserve,

3 $45,000,000.

4 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

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

6 be appropriated for fiscal year 1995 the amount of

7 $590,149,000 for—

8 (1) the destruction of lethal chemical agents

9 and munitions in accordance with section 1412 of

10 the Department of Defense Authorization Act, 1986

11 (50 U.S.C. 1521); and

12 (2) the destruction of chemical warfare material

13 of the United States that is not covered by section

14 1412 of such Act.

15 (b) LIMITATION.—Of the funds specified in sub16 section (a)—

17 (1) $363,584,000 is for operation and mainte18 nance;

19 (2) $215,265,000 is for procurement; and

20 (3) $11,300,000 is for research and develop21 ment efforts in support of the nonstockpile chemical

22 weapons program.

23 (c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED

24 APPROPRIATIONS.—The Department of Defense may obli25 gate and expend $25,000,000 of the funds appropriated
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1 for research, development, test, and evaluation under the

2 heading ‘‘CHEMICAL AGENTS AND MUNITIONS DESTRUC3 TION, DEFENSE’’ in title VI of Public Law 103–139 (107

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

5 funds in that Act.

6 (d) IDENTIFICATION OF FUNDS FOR PROGRAM.—

7 Section 1412(f) of the Department of Defense Authoriza8 tion Act, 1986 (50 U.S.C. 1521(f)) is amended by striking

9 out the last sentence and inserting in lieu thereof the fol10 lowing: ‘‘Funds for military construction projects nec11 essary to carry out this section shall be set forth in the

12 budget of the Department of Defense for any fiscal year

13 as a separate account.’’.

14 Subtitle B—Army Programs

15 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

16 M1A2 TANK UPGRADES.

17 The Secretary of the Army may enter into multiyear

18 procurement contracts for procurement of M1A2 Abrams

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

20 10, United States Code.

21 SEC. 112. TRANSFER OF REPLACEMENT ARMY TANK TO MA22 RINE CORPS RESERVE.

23 The Secretary of the Army shall transfer one M1A1

24 common tank to the Marine Corps Reserve not later than

25 the latest date on which any of the additional 24 M1A2
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1 upgrades provided for under authorizations of appropria2 tions in this Act is accepted by the Army.

3 SEC. 113. REPLACEMENT SURVEILLANCE SYSTEM FOR

4 KOREA.

5 Funds available to the Army for procurement of OV–

6 1 aircraft that remain unobligated by reason of the early

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

8 used for leasing a moving target indicator radar or an9 other surveillance system to replace the surveillance capa10 bility of such aircraft in Korea if—

11 (1) the lease provides for deployment of the sys12 tem within 180 days after the date of the enactment

13 of this Act;

14 (2) the Republic of Korea pays 50 percent of

15 the cost of the lease;

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

17 of Korea to purchase the leased system after the

18 joint surveillance and target attack radar surveil19 lance system (JSTARS) program attains initial

20 operational capability; and

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

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

23 the date of the enactment of this Act, to attain ini24 tial operational capability.
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1 SEC. 114. SMALL ARMS INDUSTRIAL BASE.

2 (a) FUNDING FOR PROCUREMENT.—Of the funds au3 thorized to be appropriated pursuant to section 101(3)—

4 (1) $38,902,000 shall be available for procure5 ment of MK19–3 grenade machine guns;

6 (2) $13,000,000 shall be available for procure7 ment of M16A2 rifles;

8 (3) $24,016,000 shall be available for procure9 ment of M249 squad automatic weapons; and

10 (4) $13,165,000 shall be available for procure11 ment of M4 carbines.

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

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

14 in accordance with section 2306(h) of title 10, United

15 States Code, enter into multiyear contracts to meet the

16 following objectives for quantities of small arms weapons

17 to be acquired for the Army:

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

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

20 (C) 71,769 M249 squad automatic weapons;

21 and

22 (D) 132,510 M4 carbines.

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

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

25 paragraph (1), the Secretary shall, to the extent provided
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1 for in appropriations Acts, enter into multiyear contracts

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

3 (3) Notwithstanding the first sentence of section

4 2306(h)(8) of title 10, United States Code, the period of

5 a multiyear contract entered into under this subsection

6 may not exceed 10 years.

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

8 Army shall provide for procurement of product improve9 ments for existing small arms weapons and may do so

10 within multiyear contracts entered into pursuant to sub11 section (b).

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

13 Secretaries of the military departments shall jointly de14 velop a master plan for meeting the immediate and future

15 needs of the Armed Forces for small arms. The Secretary

16 of the Army shall coordinate the development of the joint

17 small arms master plan. The joint small arms master plan

18 shall include—

19 (A) an examination of the relative advantages

20 and disadvantages of improving existing small arms

21 weapons as compared to investing in new, advanced

22 technology weapons; and

23 (B) an analysis of the effects of each such ap24 proach on the small arms industrial base.
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1 (2) Not later than April 1, 1995, the Under Secretary

2 of Defense for Acquisition and Technology shall—

3 (A) review the joint small arms master plan

4 and the results of the examination of relative advan5 tages and disadvantages of the two courses of action

6 described in paragraph (1); and

7 (B) transmit the plan, together with any com8 ments that the Under Secretary considers appro9 priate, to the congressional defense committees.

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

11 to be appropriated under section 201(1)—

12 (1) $5,000,000 shall be available for the Objec13 tive Crew-Served Weapons System; and

14 (2) $3,000,000 shall be available for product

15 improvements to existing small arms weapons.

16 Subtitle C—Navy Programs

17 SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

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

19 the extent provided in appropriations Acts,

20 $1,200,000,000 may be transferred from the National De21 fense Sealift Fund to the funds appropriated pursuant to

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

23 (b) AVAILABILITY FOR CVN–76.—The funds trans24 ferred shall be available for the CVN–76 nuclear aircraft

25 carrier program.
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1 (c) RELATIONSHIP TO OTHER AUTHORIZATION.—

2 The amount of the funds transferred shall be in addition

3 to the amount authorized to be appropriated in section

4 102(a)(3) of the National Defense Authorization Act for

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

6 (d) RELATIONSHIP TO OTHER TRANSFER AUTHOR7 ITY.—The transfer authority in paragraph (1) is in addi8 tion to any other transfer authority provided in this or

9 any other Act.

10 Subtitle D—Air Force Programs

11 SEC. 131. SETTLEMENT OF CLAIMS UNDER THE C–17 AIR12 CRAFT PROGRAM.

13 (a) SUPPLEMENTAL AGREEMENTS AUTHORIZED.—

14 On or before September 30, 1995, but subject to sub15 section (e), the Secretary of the Air Force may enter into

16 supplemental agreements pertaining to Air Force prime

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

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

19 on the date of enactment of this Act as the Secretary de20 termines appropriate—

21 (1) to settle claims and disputes arising under

22 such contracts as provided in the C–17 settlement

23 agreement letter;

24 (2) to revise the delivery schedules under such

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

2 and

3 (3) to revise range specifications, payload speci4 fications, and other specifications under such con5 tracts as provided in Attachment B to the C–17 set6 tlement agreement letter.

7 (b) FURTHER CONSIDERATION NOT REQUIRED.—

8 The supplemental agreements referred to in subsection (a)

9 may be entered into without requiring further consider10 ation from the contractor only to the extent provided for

11 in the C–17 settlement agreement letter.

12 (c) RELEASE OF CONTRACTOR CLAIMS REQUIRED.—

13 Each supplemental agreement referred to in subsection (a)

14 shall require the prime contractor to release and forever

15 discharge the Government from all contractual claims, de16 mands, requests for equitable adjustment, and any other

17 causes of action, known or unknown, that the prime con18 tractor may have on or before January 6, 1994 arising

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

20 17 settlement agreement letter.

21 (d) CONTRACT MODIFICATIONS REGARDING CON22 TRACTOR COMMITMENTS.—The Secretary of the Air

23 Force shall incorporate in each appropriate C–17 contract

24 the prime contractor’s commitment to extend the flight

25 test program, redesign the wing, implement Computer
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1 Aided Design/Computer Aided Manufacturing System im2 provements, Management Information System improve3 ments, and Advanced Quality System improvements, im4 plement product improvement cost reduction projects, and

5 resolve other C–17 program issues on a nonreimbursable

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

7 agreement letter.

8 (e) NOTICE-AND-WAIT REQUIREMENT.—The Sec9 retary of the Air Force may not enter into a supplemental

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

11 the date on which the Secretary of Defense certifies to

12 Congress that the terms and conditions set forth in the

13 C–17 settlement agreement letter, including the settle14 ment of claims, are in the best interests of the Govern15 ment.

16 (f) CONSTRUCTION REGARDING OTHER CONTRAC17 TOR OBLIGATIONS.—Nothing in this section shall be con18 strued as relieving the contractor of any obligation pro19 vided for in the C–17 settlement agreement letter.

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

21 C–17 settlement agreement letter referred to in this sec22 tion is the agreement that was proposed to the prime con23 tractor for the C–17 aircraft program by the Under Sec24 retary of Defense for Acquisition and Technology by letter
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1 dated January 3, 1994, and was accepted by the prime

2 contractor on January 6, 1994.

3 Subtitle E—Other Matters

4 SEC. 141. PRESERVING THE BOMBER INDUSTRIAL BASE.

5 (a) FUNDS TO PRESERVE THE BOMBER INDUSTRIAL

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

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

8 available only for the following purposes:

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

10 ready status.

11 (2) To preserve a production capability for

12 spare parts and aircraft subsystems among lower13 tier vendors.

14 (3) To develop detailed production plans for a

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

16 delivering nuclear weapons.

17 (4) To carry out any other program, project, or

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

19 the Secretary determines will help to preserve the

20 bomber industrial base of the United States.

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

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

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

24 for B–2 bomber aircraft that is not a part previously ac-
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1 quired or planned to be acquired for the B–2 bomber air2 craft under the initial or sustaining spares program.

3 (c) NO AUTHORIZATION OF ADVANCE PROCURE4 MENT.—Nothing in this section shall be construed as au5 thorizing the procurement, including long-lead procure6 ment, of a twenty-second B–2 bomber.

7 (d) EXEMPTION FROM LIMITATION ON TOTAL PRO8 GRAM COST.—Obligations of funds made available pursu9 ant to this section for the purposes set forth in subsection

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

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

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

13 1569).

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

15 (a) FUNDING.—Of the funds authorized to be appro16 priated by this title, $15,000,000 shall be available for

17 procurement of electric and hybrid vehicles for military

18 uses and for commercialization of such vehicles for non19 military uses.

20 (b) LIMITATION.—(1) Funds made available pursu21 ant to subsection (a) may not be expended until the Sec22 retary of Defense and the Secretary of Energy enter into

23 a memorandum of understanding that specifies the re24 sponsibilities of each Secretary for procurement and com25 mercialization activities to be carried out with such funds.
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1 (2) The provisions of the memorandum of under2 standing shall be consistent with the missions of the De3 partment of Defense and the Department of Energy and

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

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

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

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

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

9 Stat. 2399).

10 TITLE II—RESEARCH, DEVELOP11 MENT, TEST, AND EVALUA12 TION

13 Subtitle A—Authorization of

14 Appropriations

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

16 Funds are hereby authorized to be appropriated for

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

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

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

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

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

22 (4) For Defense-wide activities,

23 $9,565,299,000, of which—
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1 (A) $230,495,000 is authorized for the ac2 tivities of the Director, Test and Evaluation;

3 and

4 (B) $12,501,000 is authorized for the Di5 rector of Operational Test and Evaluation.

6 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR7 ATORY DEVELOPMENT.

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

9 to be appropriated by section 201, $4,210,356,000 shall

10 be available for basic research and exploratory develop11 ment projects.

12 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP13 MENT DEFINED.—For purposes of this section, the term

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

15 funded in program elements for defense research and de16 velopment under Department of Defense category 6.1 or

17 6.2.

18 SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE19 VELOPMENT PROGRAM.

20 Of the amounts authorized to be appropriated by sec21 tion 201, $170,000,000 shall be available for the Strategic

22 Environmental Research and Development Program.
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1 Subtitle B—Programs Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. TACTICAL ANTISATELLITE TECHNOLOGIES PRO5 GRAM.

6 (a) DEMONSTRATION AND VALIDATION ACTIVI7 TIES.—Subject to subsection (e), the Secretary of Defense

8 shall continue the demonstration and validation of kinetic

9 energy antisatellite technologies under the tactical antisat10 ellite technologies program.

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

12 the amounts authorized to be appropriated in this title,

13 $10,000,000 shall be available for fiscal year 1995 for en14 gineering development under the tactical antisatellite tech15 nologies program.

16 (c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR

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

18 the Secretary shall obligate for engineering development

19 under the tactical antisatellite technologies program all

20 funds available for fiscal year 1993 and fiscal year 1994

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

22 that remain available for obligation on the date of the en23 actment of this Act.

24 (d) REPORT.—The Secretary shall submit to Con25 gress the report required by section 1363 of the National
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1 Defense Authorization Act for Fiscal Year 1993 (Public

2 Law 102–484; 106 Stat. 2560).

3 (e) LIMITATION.—No funds appropriated to the De4 partment of Defense for fiscal year 1995 may be obligated

5 for the tactical antisatellite technologies program until the

6 Secretary of Defense certifies to Congress that there is

7 a requirement for an antisatellite program.

8 SEC. 212. TRANSFER OF MILSTAR COMMUNICATIONS SAT9 ELLITE PROGRAM.

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

11 shall transfer responsibility for program management and

12 funding for the MILSTAR communications satellite pro13 gram from the Secretary of the Air Force to the Secretary

14 of the Navy before October 1, 1995.

15 (b) FUNDING IN FUTURE YEARS DEFENSE PRO16 GRAM.—It is the sense of Congress that the Secretary

17 should transfer from the Air Force to the Navy sufficient

18 proposed funding in the Future Years Defense Program

19 to cover all costs for the MILSTAR communications sat20 ellite program and related programs, projects, and activi21 ties.

22 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR23 ITY.—The transfer authority in subsection (b) is in addi24 tion to the transfer authority provided in section 1001.
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1 SEC. 213. TRANSFER OF FUNDS FOR SINGLE-STAGE TO

2 ORBIT ROCKET.

3 The Secretary of Defense shall, to the extent provided

4 in appropriations Acts, transfer to the National Aero5 nautics and Space Administration the unobligated balance

6 of funds appropriated to the Department of Defense for

7 the Advanced Research Projects Agency for single-stage

8 to orbit rocket research and development.

9 SEC. 214. LIMITATION ON DISMANTLEMENT OF INTER10 CONTINENTAL BALLISTIC MISSILES.

11 Funds authorized to be appropriated in this Act may

12 not be obligated or expended for deactivating or disman13 tling United States intercontinental ballistic missiles

14 (ICBMs) of the United States below that number of such

15 missiles that is necessary to support 500 deployed inter16 continental ballistic missiles until 180 days after the date

17 on which the Secretary of Defense has delivered to the

18 congressional defense committees a report on the results

19 of a nuclear posture review being conducted by the Sec20 retary.

21 SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR SEIS22 MIC MONITORING RESEARCH.

23 Funds authorized to be appropriated by this Act that

24 are made available for seismic monitoring of nuclear explo25 sions may not be obligated for a project unless the project
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1 is authorized in a plan approved in advance by the Sec2 retary of Defense and the Secretary of Energy.

3 SEC. 216. FEDERALLY FUNDED RESEARCH AND DEVELOP4 MENT CENTERS.

5 (a) CENTERS COVERED.—Funds appropriated or

6 otherwise made available for the Department of Defense

7 for fiscal year 1995 pursuant to an authorization of appro8 priations in section 201 may be obligated to procure work

9 from a federally funded research and development center

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

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

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

13 funding level set forth for that center in such report.

14 (b) REPORT ON ALLOCATIONS FOR CENTERS.—Not

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

16 Act, the Secretary of Defense shall submit to the congres17 sional defense committees a report containing—

18 (1) the name of each federally funded research

19 and development center from which work is proposed

20 to be procured for the Department of Defense for

21 fiscal year 1995; and

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

23 level and the estimated personnel level for fiscal year

24 1995.
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1 The total of the proposed funding levels set forth in the

2 report for all federally funded research and development

3 centers may not exceed the amount set forth in subsection

4 (d).

5 (c) LIMITATION PENDING SUBMISSION OF RE6 PORT.—No funds appropriated or otherwise made avail7 able for the Department of Defense for fiscal year 1995

8 may be obligated to obtain work from a federally funded

9 research and development center until the Secretary of

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

11 (d) FUNDING.—Of the amounts authorized to be ap12 propriated to the Department of Defense for research, de13 velopment, test, and evaluation for fiscal year 1995 pursu14 ant to section 201, not more than a total of

15 $1,300,000,000 may be obligated to procure services from

16 the federally funded research and development centers

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

18 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

19 The Secretary of Defense may waive the limitation regard20 ing the maximum funding amount that applies under sub21 section (a) to a federally funded research and development

22 center. Whenever the Secretary proposes to make such a

23 waiver, the Secretary shall submit to the congressional de24 fense committees notice of the proposed waiver and the

25 reasons for the waiver. The waiver may then be made only
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1 after the end of the 60-day period that begins on the date

2 on which the notice is submitted to those committees, un3 less the Secretary determines that it is essential to the

4 national security that funds be obligated for work at that

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

6 period and notifies the congressional defense committees

7 of that determination and the reasons for the determina8 tion.

9 (f) UNDISTRIBUTED REDUCTION.—The total amount

10 authorized to be appropriated for research, development,

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

12 $52,650,000.

13 Subtitle C—Missile Defense

14 Programs

15 SEC. 221. COMPLIANCE OF BALLISTIC MISSILE DEFENSE

16 SYSTEMS AND COMPONENTS WITH ABM

17 TREATY.

18 (a) REQUIRED COMPLIANCE REVIEW FOR BRILLIANT

19 EYES.—The Secretary of Defense shall review the space20 based, midcourse missile tracking system known as Bril21 liant Eyes to determine whether, and under what condi22 tions, the development, testing, and deployment of that

23 system in conjunction with a theater ballistic missile de24 fense system, with a limited national missile defense sys25 tem, and with both such systems, would be in compliance
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1 with the ABM Treaty, including the interpretation of that

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

3 ACDA letter.

4 (b) LIMITATION.—Of the funds appropriated pursu5 ant to the authorizations of appropriations in section 201

6 that are made available for the Brilliant Eyes program,

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

8 Secretary of Defense submits to the appropriate congres9 sional committees a report on the compliance of the Bril10 liant Eyes program with the ABM Treaty.

11 (c) COMPLIANCE REVIEW FOR NAVY UPPER TIER

12 SYSTEM.—(1) If the funds made available for fiscal year

13 1995 for the theater ballistic missile program known as

14 the ‘‘Navy Upper Tier’’ program pursuant to the author15 izations of appropriations in section 201 or otherwise ex16 ceed $17,725,000, the Secretary of Defense shall review

17 the Navy Upper Tier program to determine whether the

18 development, testing, and deployment of that system

19 would be in compliance with the ABM Treaty, including

20 the interpretation of the Treaty set forth in the enclosure

21 to the July 13, 1993, ACDA letter.

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

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

24 obligated for the Navy Upper Tier program before the

25 date on which the Secretary submits to the appropriate
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1 congressional committees a report on the compliance of

2 the Navy Upper Tier program with the ABM Treaty.

3 (d) DEFINITIONS.—In this section:

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

5 means the letter dated July 13, 1993, from the Act6 ing Director of the Arms Control and Disarmament

7 Agency to the chairman of the Committee on For8 eign Relations of the Senate relating to the correct

9 interpretation of the ABM Treaty and accompanied

10 by an enclosure setting forth such interpretation.

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

12 between the United States of America and the

13 Union of Soviet Socialist Republics on the Limita14 tion of Anti-Ballistic Missiles, signed in Moscow on

15 May 26, 1972.

16 (3) The term ‘‘appropriate congressional com17 mittees’’ means—

18 (A) the Committee on Armed Services, the

19 Committee on Foreign Affairs, and the Com20 mittee on Appropriations of the House of Rep21 resentatives; and

22 (B) the Committee on Armed Services, the

23 Committee on Foreign Relations, and the Com24 mittee on Appropriations of the Senate.
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1 SEC. 222. REVISIONS TO THE MISSILE DEFENSE ACT OF

2 1991.

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

4 of Public Law 102–190; 10 U.S.C. 2431 note) is amend5 ed—

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

7 (2) in section 238, by inserting before the pe8 riod at the end of the second sentence the following:

9 ‘‘, and shall submit to the Congress additional in10 terim reports on the progress of such negotiations at

11 six-month intervals thereafter until such time as the

12 President notifies the congressional defense commit13 tees that such negotiations have been concluded or

14 terminated’’; and

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

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

17 SEC. 223. LIMITATION.

18 No funds appropriated pursuant to an authorization

19 of appropriations in this title or otherwise made available

20 for fiscal year 1995 for programs managed by the Ballistic

21 Missile Defense Organization may be obligated for such

22 programs until the Secretary of Defense submits to Con23 gress the report required by section 235(b) of the National

24 Defense Authorization Act for Fiscal Year 1994 (Public

25 Law 103–160; 107 Stat. 1598).
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1 Subtitle D—Defense Conversion,

2 Reinvestment, and Transition

3 Assistance Matters

4 SEC. 231. FUNDING OF DEFENSE TECHNOLOGY REINVEST5 MENT PROGRAMS FOR FISCAL YEAR 1995.

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

7 to be appropriated under section 201 for Defense-wide ac8 tivities, $625,000,000 shall be available for activities de9 scribed in the defense reinvestment program element of

10 the budget of the Department of Defense for fiscal year

11 1995.

12 (b) ALLOCATION OF FUNDS.—The funds made avail13 able under subsection (a) shall be allocated as follows:

14 (1) $245,000,000 shall be available for defense

15 dual-use critical technology partnerships under sec16 tion 2511 of title 10, United States Code.

17 (2) $80,000,000 shall be available for commer18 cial-military integration partnerships under section

19 2512 of such title.

20 (3) $80,000,000 shall be available for defense

21 regional technology alliances under section 2513 of

22 such title.

23 (4) $30,000,000 shall be available for defense

24 advanced manufacturing technology partnerships

25 under section 2522 of such title.
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1 (5) $50,000,000 shall be available for support

2 of manufacturing extension programs under section

3 2523 of such title.

4 (6) $25,000,000 shall be available for defense

5 manufacturing engineering education grants under

6 section 2196 of such title.

7 (7) $30,000,000 shall be available for the ad8 vanced materials synthesis and processing partner9 ship program.

10 (8) $35,000,000 shall be available for the agile

11 manufacturing/enterprise integration program.

12 (9) $40,000,000 shall be available for the mari13 time technology program, as provided for in section

14 1352(c)(2) of the National Shipbuilding and Ship15 yard Conversion Act of 1993 (subtitle D of title XIII

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

17 2501 note).

18 (10) $10,000,000 shall be available for grants

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

20 to United States institutions of higher education and

21 other United States not-for-profit organizations to

22 support the management training program in Japa23 nese language and culture.

24 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994

25 PROJECTS.—Funds made available under subsection (a)
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1 may also be used to make awards to projects of the types

2 that were solicited under programs referred to in sub3 section (b) in fiscal year 1994.

4 SEC. 232. FINANCIAL COMMITMENT REQUIREMENTS FOR

5 SMALL BUSINESS CONCERNS FOR PARTICI6 PATION IN TECHNOLOGY REINVESTMENT

7 PROJECTS.

8 (a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY

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

10 States Code, is amended by adding at the end the follow11 ing new paragraph:

12 ‘‘(3) The Secretary shall consider a partnership pro13 posal submitted by a small business concern without re14 gard to the ability of the small business concern to imme15 diately meet its share of the anticipated partnership costs.

16 Upon the selection of a partnership proposal submitted by

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

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

19 within which to arrange to meet its financial commitment

20 requirements under the partnership from sources other

21 than a person of a foreign country. If the Secretary deter22 mines upon the expiration of that period that the small

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

24 anticipated partnership costs, the Secretary may revoke
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1 the selection of the partnership proposal submitted by the

2 small business concern.’’.

3 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER4 SHIPS.—Section 2512(c)(3) of such title is amended by

5 adding at the end the following new subparagraph:

6 ‘‘(C) The Secretary shall consider a partnership pro7 posal submitted by a small business concern without re8 gard to the ability of the small business concern to imme9 diately meet its share of the anticipated partnership costs.

10 Upon the selection of a partnership proposal submitted by

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

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

13 within which to arrange to meet its financial commitment

14 requirements under the partnership from sources other

15 than a person of a foreign country. If the Secretary deter16 mines upon the expiration of that period that the small

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

18 anticipated partnership costs, the Secretary may revoke

19 the selection of the partnership proposal submitted by the

20 small business concern.’’.

21 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

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

23 adding at the end the following new paragraph:

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

25 regional technology alliance that is submitted by a small
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1 business concern without regard to the ability of the small

2 business concern to immediately meet its share of the an3 ticipated costs of the alliance. Upon the selection of a pro4 posal submitted by a small business concern, the Secretary

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

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

7 financial commitment requirements under the regional

8 technology alliance from sources other than a person of

9 a foreign country. If the Secretary determines upon the

10 expiration of that period that the small business concern

11 will be unable to meet its share of the anticipated costs,

12 the Secretary may revoke the selection of the proposal sub13 mitted by the small business concern.’’.

14 (d) DEFINITION OF PERSON OF A FOREIGN COUN15 TRY.—Section 2491 of such title is amended by adding

16 at the end the following new paragraph:

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

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

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

20 5342(d)).’’.

21 SEC. 233. CONDITIONS ON FUNDING OF DEFENSE TECH22 NOLOGY REINVESTMENT PROJECTS.

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

24 providing for the establishment or financial support of

25 partnerships and other cooperative arrangements under
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1 chapter 148 of title 10, United States Code, using funds

2 made available under section 231, the Secretary of De3 fense shall ensure that the principal economic benefits of

4 such partnerships and other arrangements accrue to the

5 economy of the United States.

6 (b) USE OF COMPETITIVE SELECTION PROCE7 DURES.—Funds made available under subsection (a) of

8 section 231 for defense reinvestment programs described

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

10 to projects selected using competitive procedures pursuant

11 to a solicitation incorporating cost-sharing requirements

12 for the non-Federal Government participants in the

13 projects.

14 SEC. 234. FEDERAL DEFENSE LABORATORY

15 DIVERSIFICATION AND NAVY REINVESTMENT

16 IN THE TECHNOLOGY AND INDUSTRIAL BASE.

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

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

19 the end thereof the following:

20 ‘‘SEC. 2519. FEDERAL DEFENSE LABORATORY DIVERSI21 FICATION PROGRAM.

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

23 of Defense shall conduct a program in accordance with

24 this section for the purpose of promoting cooperation be25 tween Department of Defense laboratories and industry
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1 on research and development of dual-use technologies in

2 order to further the national security objectives set forth

3 in section 2501(a) of this title.

4 ‘‘(b) PARTNERSHIPS.—(1) The Secretary shall pro5 vide for the establishment under the program of coopera6 tive arrangements (hereinafter in this section referred to

7 as ‘partnerships’) between a Department of Defense lab8 oratory and eligible firms and nonprofit research corpora9 tions referred to in section 2511(b) of this title. A partner10 ship may also include one or more additional Federal lab11 oratories, institutions of higher education, agencies of

12 State and local governments, and other entities, as deter13 mined appropriate by the Secretary.

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

15 research and development center shall be considered a De16 partment of Defense laboratory if the center is sponsored

17 by the Department of Defense.

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

19 may make grants, enter into contracts, enter into coopera20 tive agreements and other transactions pursuant to section

21 2371 of this title, and enter into cooperative research and

22 development agreements under section 12 of the Steven23 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.

24 3710a) in order to establish partnerships.
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1 ‘‘(2) Subject subsection (d), the Secretary may pro2 vide a partnership with technical and other assistance in

3 order to facilitate the achievement of the purpose of this

4 section.

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

6 GOVERNMENT PARTICIPANTS.—(1) The Secretary shall

7 ensure that the non-Federal Government participants in

8 a partnership make a substantial contribution to the total

9 cost of partnership activities. The amount of the contribu10 tion shall be commensurate with the risk undertaken by

11 such participants and the potential benefits of the activi12 ties for such participants.

13 ‘‘(2) The regulations prescribed pursuant to section

14 2511(c)(2) of this title shall apply to in-kind contributions

15 made by non-Federal Government participants in a part16 nership.

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

18 shall be used in the establishment of partnerships.

19 ‘‘(f) SELECTION CRITERIA.—The criteria for the se20 lection of a proposed partnership for establishment under

21 this section shall include the criteria set forth in section

22 2511(f) of this title.

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

24 regulations for the purposes of this section.
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1 ‘‘SEC. 2520. NAVY REINVESTMENT PROGRAM.

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

3 of the Navy shall conduct a program in accordance with

4 this section for the purpose of promoting cooperation be5 tween the Department of the Navy and industry on re6 search and development of dual-use technologies in order

7 to further the national security objectives set forth in sec8 tion 2501(a) of this title.

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

10 for the establishment under the program of cooperative

11 arrangements (hereinafter in this section referred to as

12 ‘partnerships’) between Department of the Navy entities

13 and eligible firms and nonprofit research corporations re14 ferred to in section 2511(b) of this title. A partnership

15 may also include one or more Federal laboratories, institu16 tions of higher education, agencies of State and local gov17 ernments, and other entities, as determined appropriate

18 by the Secretary.

19 ‘‘(c) PROGRAM REQUIREMENTS AND ADMINISTRA20 TION.—Subsections (c) through (f) of section 2519 of this

21 title shall apply in the administration of the program.

22 ‘‘(d) SELECTION CRITERIA.—In addition to the selec23 tion criteria referred to in section 2519(f) of this title, the

24 criteria for the selection of a proposed partnership for es25 tablishment under this section shall include the potential

26 effectiveness of the partnership in the further development
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1 and application of each technology proposed to be devel2 oped by the partnership for Navy acquisition programs.

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

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

5 (2) The table of sections at the beginning of such sub6 chapter is amended by adding at the end the following:

2519. Federal Defense Laboratory Diversification Program.

2520. Navy Reinvestment Program.

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

8 title 10, United States Code, is amended by inserting be9 fore the period at the end the following: ‘‘, and includes

10 a federally funded research and development center spon11 sored by a Federal agency’’.

12 (c) FUNDING.—(1) Of the amount authorized to be

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

14 available for the Federal Defense Laboratory Diversifica15 tion Program under section 2519 of title 10, as added by

16 subsection (a)(1).

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

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

19 Navy Reinvestment Program under section 2520 of title

20 10, as added by subsection (a)(1).
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1 Subtitle E—Other Matters

2 SEC. 241. COOPERATIVE RESEARCH AND DEVELOPMENT

3 AGREEMENTS WITH NATO ORGANIZATIONS.

4 (a) APPLICABILITY OF EXISTING AUTHORITY TO

5 NATO ORGANIZATIONS.—Section 2350a of title 10, Unit6 ed States Code, is amended in subsections (a), (e)(2), and

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

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

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

10 of such section is amended by adding at the end the follow11 ing new paragraph:

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

13 North Atlantic Treaty Organization subsidiary body

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

15 other organization of the North Atlantic Treaty

16 Organization.’’.

17 SEC. 242. DEFENSE WOMEN’S HEALTH RESEARCH PRO18 GRAM.

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

20 Defense shall continue the Defense Women’s Health Re21 search Program established in response to the enactment

22 of section 251 of the National Defense Authorization Act

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

24 1606).
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1 (b) PARTICIPATION BY ALL MILITARY DEPART2 MENTS.—The Departments of the Army, Navy, and Air

3 Force shall each participate in the activities under the pro4 gram.

5 (c) ARMY TO BE EXECUTIVE AGENT.—The Sec6 retary of Defense shall designate the Secretary of the

7 Army to be the executive agent for administering the pro8 gram.

9 (d) PROGRAM ACTIVITIES.—The program shall in10 clude the following activities regarding health risks and

11 health care for women in the Armed Forces:

12 (1) The coordination and support activities de13 scribed in section 251 of Public Law 103–160.

14 (2) Epidemiologic research regarding women

15 deployed for military operations, including research

16 on patterns of illness and injury, environmental and

17 occupational hazards (including exposure to toxins),

18 side-effects of pharmaceuticals used by women so de19 ployed, psychological stress associated with military

20 training, deployment, combat and other traumatic

21 incidents, and other conditions of life, and human

22 factor research regarding women so deployed.

23 (3) Development of a data base to facilitate

24 long-term research studies on issues related to the

25 health of women in military service, and continued
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1 development and support of a women’s health infor2 mation clearinghouse to serve as an information re3 source for clinical, research, and policy issues affect4 ing women in the Armed Forces.

5 (4) Research on policies and standards issues,

6 including research supporting the development of

7 military standards related to training, operations,

8 deployment, and retention and the relationship be9 tween such activities and factors affecting women’s

10 health.

11 (5) Research on interventions having a potential

12 for addressing conditions of military service that ad13 versely affect the health of women in the Armed

14 Forces.

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

16 1995, the Secretary of Defense changes the implementa17 tion plan for the program that the Secretary submitted

18 to the Committees on Armed Services of the Senate and

19 the House of Representatives on May 2, 1994, the Sec20 retary shall submit the modified plan to such committees

21 before executing the changes.

22 (f) FUNDING.—Of the amount authorized to be ap23 propriated pursuant to section 201, $40,000,000 shall be

24 available for the Defense Women’s Health Research Pro25 gram referred to in subsection (a).
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1 SEC. 243. REQUIREMENT FOR SUBMISSION OF ANNUAL RE2 PORT OF THE SEMICONDUCTOR TECH3 NOLOGY COUNCIL TO CONGRESS.

4 Section 273(b)(2)(I) of the National Defense Author5 ization Act for Fiscal Years 1988 and 1989 (15 U.S.C.

6 4603) is amended by inserting ‘‘and submit to Congress

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

8 SEC. 244. REPORT ON OCEANOGRAPHIC SURVEY AND RE9 SEARCH REQUIREMENTS TO SUPPORT LIT10 TORAL WARFARE.

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

12 1995, the Secretary of the Navy shall submit to Congress

13 a report on the oceanographic survey and research and

14 development requirements needed to support Navy oper15 ations in littoral regions.

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

17 the following:

18 (1) An identification of unique properties, in19 cluding acoustics, bathymetry, bottom type, and

20 ocean dynamics that affect shallow water operations

21 in littoral regions.

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

23 (A) designates each region as high, me24 dium, or low priority based on the probable

25 need for Navy operations in such regions; and
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1 (B) for each region, is annotated to iden2 tify—

3 (i) the date of the most recent de4 tailed survey; and

5 (ii) the extent to which that survey

6 provides insight into the region’s properties

7 identified pursuant to paragraph (1).

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

9 projected access to each region for surveying pur10 poses.

11 (4) An assessment of the ability of current

12 oceanographic survey and research assets to develop

13 the information identified in paragraph (1).

14 SEC. 245. LANSCE/LAMPF UPGRADES.

15 Of the amounts authorized to be appropriated by sec16 tion 201(4), $20,000,000 shall be available to complete

17 the Los Alamos Neutron Scattering Experiment/Los Ala18 mos Meson Physics Facility upgrades at the Los Alamos

19 National Laboratory, Los Alamos, New Mexico.

20 SEC. 246. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR21 CRAFT.

22 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

23 Secretary of Defense may, in accordance with section

24 2366(c) of title 10, United States Code, waive for the F–

25 22 aircraft program the survivability tests required by
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1 that section, notwithstanding that such program has en2 tered full-scale engineering development.

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

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

5 of title 10, United States Code, a certification that live6 fire testing of the F–22 aircraft would be unreasonably

7 expensive and impractical, the Secretary of Defense shall

8 require that F–22 aircraft components and subsystems be

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

10 (2) The components and subsystem required by the

11 Secretary to be made available for such a program shall

12 be components that—

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

14 aircraft; and

15 (B) are sufficiently large and realistic that

16 meaningful conclusions about the survivability of F–

17 22 aircraft can be drawn from the test results.

18 (c) FUNDING.—Funds available for the F–22 aircraft

19 program may be used for carrying out any alternative live20 fire testing program for F–22 aircraft.

21 SEC. 247. UNIVERSITY RESEARCH INITIATIVE SUPPORT

22 PROGRAM.

23 Of the amounts authorized to be appropriated under

24 section 201, $10,000,000 shall be available for the Univer25 sity Research Initiative Support Program established pur-
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1 suant to section 802 of the National Defense Authoriza2 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

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

4 SEC. 248. MANUFACTURING SCIENCE AND TECHNOLOGY

5 PROGRAM.

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

7 title 10, United States Code, is amended to read as fol8 lows:

9 ‘‘SEC. 2525. MANUFACTURING SCIENCE AND TECHNOLOGY

10 PROGRAM.

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

12 shall establish a Manufacturing Science and Technology

13 Program to further the national security objectives of sec14 tion 2501(a) of this title. The Under Secretary of Defense

15 for Acquisition and Technology shall administer the pro16 gram.

17 ‘‘(b) PURPOSE.—The purpose of the program is to

18 enhance the capability of industry to meet the manufac19 turing needs of the Department of Defense.

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

21 projects under the program through the Secretaries of the

22 military departments and the heads of Defense Agencies.

23 ‘‘(d) COMPETITION AND COST SHARING.—(1) Com24 petitive procedures shall be used for awarding all grants
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1 and entering into all contracts, cooperative agreements,

2 and other transactions under the program.

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

4 and a contract, cooperative agreement, or other trans5 action may not be entered into under the program, on any

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

7 of Defense determines that the grant, contract, coopera8 tive agreement, or other transaction, as the case may be,

9 is for a program that—

10 ‘‘(A) is not likely to have any immediate and di11 rect commercial application; or

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

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

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

15 sections at the beginning of subchapter IV of chapter 148

16 of such title is amended to read as follows:

‘‘2525. Manufacturing Science and Technology Program.’’.

17 (b) FUNDING.—Of the amounts appropriated pursu18 ant to section 201, not more than $125,000,000 shall be

19 available for the Manufacturing Science and Technology

20 Program under section 2525 of title 10, United States

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

22 (1) not more than $30,000,000 shall be avail23 able for the Army;

24 (2) not more than $35,000,000 shall be avail25 able for the Navy;
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1 (3) not more than $50,000,000 shall be avail2 able for the Air Force; and

3 (4) not more than $10,000,000 shall be avail4 able for the Defense Logistics Agency.

5 SEC. 249. DEFENSE EXPERIMENTAL PROGRAM TO STIMU6 LATE COMPETITIVE RESEARCH.

7 (a) PROGRAM REQUIRED.—The Secretary of De8 fense, acting through the Director of Defense Research

9 and Engineering, shall carry out a Defense Experimental

10 Program to Stimulate Competitive Research (DEPSCoR)

11 as part of the university research programs of the Depart12 ment of Defense.

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

14 program are as follows:

15 (1) To enhance the capabilities of institutions

16 of higher education in eligible States to develop,

17 plan, and execute science and engineering research

18 that is competitive under the peer-review systems

19 used for awarding Federal research assistance.

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

21 growth in the competitively awarded financial assist22 ance that institutions of higher education in eligible

23 States receive from the Federal Government for

24 science and engineering research.
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1 (c) PROGRAM ACTIVITIES.—In order to achieve the

2 program objectives, the following activities are authorized

3 under the program:

4 (1) Competitive award of research grants.

5 (2) Competitive award of financial assistance

6 for graduate students.

7 (d) ELIGIBLE STATES.—(1) The Director of the Na8 tional Science Foundation shall designate which States are

9 eligible States for the purposes of this section and shall

10 notify the Director of Defense Research and Engineering

11 of the States so designated.

12 (2) The Director of the National Science Foundation

13 shall designate a State as an eligible State if, as deter14 mined by the Director—

15 (A) the institutional average amount of Federal

16 financial assistance for research and development re17 ceived by the institutions of higher education in the

18 State for the fiscal year preceding the fiscal year for

19 which the designation is effective, or for the last fis20 cal year for which statistics are available, is less

21 than the amount equal to 50 percent of the national

22 institutional average amount of Federal financial as23 sistance for research and development received by

24 the institutions of higher education in the United
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1 States for such preceding or last fiscal year, as the

2 case may be;

3 (B) the State has demonstrated a commitment

4 to developing research bases in the State and to im5 proving science and engineering research and edu6 cation programs at institutions of higher education

7 in the State; and

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

9 of the Experimental Program to Stimulate Competi10 tive Research conducted by the National Science

11 Foundation.

12 (e) COORDINATION WITH SIMILAR FEDERAL PRO13 GRAMS.—(1) The Secretary shall consult with the Director

14 of the National Science Foundation and the Director of

15 the Office of Science and Technology Policy in the plan16 ning, development, and execution of the program and shall

17 coordinate the program with the Experimental Program

18 to Stimulate Competitive Research conducted by the Na19 tional Science Foundation and with similar programs

20 sponsored by other departments and agencies of the Fed21 eral Government.

22 (2) All solicitations under the Defense Experimental

23 Program to Stimulate Competitive Research shall be made

24 to, and all awards shall be made through, the State com25 mittees established for purposes of the Experimental Pro-
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1 gram to Stimulate Competitive Research conducted by the

2 National Science Foundation.

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

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

5 committee under the Defense Experimental Program to

6 Stimulate Competitive Research are coordinated with the

7 activities carried out in the State under other similar ini8 tiatives of the Federal Government to stimulate competi9 tive research.

10 TITLE III—OPERATION AND

11 MAINTENANCE

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

15 Funds are hereby authorized to be appropriated for

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

17 activities and agencies of the Department of Defense for

18 expenses, not otherwise provided for, for operation and

19 maintenance in amounts as follows:

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

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

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

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

24 (5) For Defense-wide activities,

25 $9,994,325,000.
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1 (6) For Medical Programs, Defense,

2 $9,854,459,000.

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

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

5 (9) For the Marine Corps Reserve,

6 $81,462,000.

7 (10) For the Air Force Reserve,

8 $1,478,990,000.

9 (11) For the Army National Guard,

10 $2,452,148,000.

11 (12) For the Air National Guard,

12 $2,780,178,000.

13 (13) For the National Board for the Promotion

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

15 (14) For the Defense Inspector General,

16 $140,798,000.

17 (15) For Drug Interdiction and Counter-drug

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

19 (16) For the United States Court of Appeals

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

21 (17) For Environmental Restoration, Defense,

22 $2,180,200,000.

23 (18) For Humanitarian Assistance,

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

3 (20) For the Contributions for International

4 Peacekeeping and Peace Enforcement Activities

5 Fund, $300,000,000.

6 (21) For support for the 1996 Summer Olym7 pics, $10,000,000.

8 SEC. 302. WORKING CAPITAL FUNDS.

9 Funds are hereby authorized to be appropriated for

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

11 activities and agencies of the Department of Defense for

12 providing capital for working capital and revolving funds

13 in amounts as follows:

14 (1) For the Defense Business Operations Fund,

15 $798,400,000.

16 (2) For the National Defense Sealift Fund,

17 $227,800,000.

18 SEC. 303. ARMED FORCES RETIREMENT HOME FUNDING.

19 There is hereby authorized to be appropriated for fis20 cal year 1995 from the Armed Forces Retirement Home

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

22 the Armed Forces Retirement Home, including the United

23 States Soldiers’ and Airmen’s Home and the Naval Home.
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1 SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND

2 OBLIGATIONS.

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

4 to be obligated from the National Security Education

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

6 Boren National Security Education Act of 1991 (50

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

8 SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCK9 PILE TRANSACTION FUND.

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

11 in appropriations Acts, not more than $250,000,000 is au12 thorized to be transferred from the National Defense

13 Stockpile Transaction Fund to operation and maintenance

14 accounts for fiscal year 1995 in amounts as follows:

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

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

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

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

19 (b) TREATMENT OF TRANSFERS.—Amounts trans20 ferred under this section—

21 (1) shall be merged with, and be available for

22 the same purposes and the same period as, the

23 amounts in the accounts to which transferred; and

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

25 been denied authorization of appropriations by Con26 gress.
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1 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The transfer authority provided in this section is in

3 addition to the transfer authority provided in section

4 1001.

5 SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS

6 WORLD GAMES.

7 (a) AUTHORITY TO PROVIDE SUPPORT.—The Sec8 retary of Defense may provide logistical support and per9 sonnel services in connection with the 1995 Special Olym10 pics World Games to be held in New Haven, Connecticut.

11 (b) PAY AND NONTRAVEL-RELATED ALLOW12 ANCES.—(1) Except as provided in paragraph (2), the

13 costs for pay and nontravel-related allowances of members

14 of the Armed Forces for the support and services referred

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

16 made pursuant to the authorization of appropriations in

17 subsection (c).

18 (2) Paragraph (1) does not apply in the case of mem19 bers of a reserve component called or ordered to active

20 duty to provide logistical support and personnel services

21 for the 1995 Special Olympics World Games.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated $3,000,000 for the Depart24 ment of Defense for fiscal year 1995 to carry out sub25 section (a).
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1 Subtitle B—Defense Business

2 Operations Fund

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

4 MANAGING WORKING CAPITAL FUNDS AND

5 CERTAIN ACTIVITIES.

6 Section 316(a) of the National Defense Authorization

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

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

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

10 in lieu thereof ‘‘The’’.

11 SEC. 312. IMPLEMENTATION OF IMPROVEMENT PLAN.

12 (a) PROGRESS REPORT ON IMPLEMENTATION.—Not

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

14 shall submit to the congressional defense committees a re15 port on the progress made in implementing the Defense

16 Business Operations Fund Improvement Plan, dated Sep17 tember, 1993. The report shall describe the progress made

18 in reaching the milestones established in the plan and pro19 vide an explanation for the failure to meet any of the mile20 stones. The Secretary shall submit a copy of the report

21 to the Comptroller General of the United States at the

22 same time the Secretary submits the report to the congres23 sional defense committees.

24 (b) RESPONSIBILITIES OF THE COMPTROLLER GEN25 ERAL.—(1) The Comptroller General shall monitor and
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1 evaluate the progress of the Department of Defense in de2 veloping and implementing the improvement plan referred

3 to in subsection (a).

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

5 General shall submit to the congressional defense commit6 tees a report containing the following:

7 (A) The findings and conclusions of the Comp8 troller General resulting from the monitoring and

9 evaluation conducted under paragraph (1).

10 (B) An evaluation of the progress report sub11 mitted to the congressional defense committees by

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

13 (C) Any recommendations for legislation or ad14 ministrative action concerning the Fund that the

15 Comptroller General considers appropriate.

16 SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAP17 ITAL ASSET FUND.

18 The Secretary of Defense may not incur obligations

19 against funds in the capital asset subaccount of the De20 fense Business Operations Fund during fiscal year 1995

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

22 SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUP23 PLY MANAGEMENT DIVISIONS.

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

25 not incur obligations against the supply management divi-
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1 sions of the Defense Business Operations Fund during fis2 cal year 1995 in a total amount in excess of 65 percent

3 of the total amount derived from sales from such divisions

4 during that fiscal year.

5 (2) For purposes of determining the amount of obli6 gations incurred against, and sales from, such divisions

7 during fiscal year 1995, the Secretary shall exclude obliga8 tions and sales for fuel, commissary and subsistence items,

9 retail operations, repair of equipment and spare parts in

10 support of repair, direct vendor deliveries, foreign military

11 sales, initial outfitting requiring equipment furnished by

12 the Federal Government, and the cost of operations.

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

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

15 determines that such waiver is necessary in order to main16 tain the readiness and combat effectiveness of the Armed

17 Forces. The Secretary shall immediately notify Congress

18 of any such waiver and the reasons for such waiver.

19 (c) DETERMINATIONS OF EFFECTS OF LIMITATION

20 ON READINESS AND COMBAT EFFECTIVENESS.—Not

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

22 Act, the secretaries of the military departments and the

23 Director of the Defense Logistics Agency shall each sub24 mit to the Secretary of Defense a report containing the

25 views of such official on the effects of the limitation in
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1 subsection (a) on the ability of the Department of Defense

2 to maintain the readiness and combat effectiveness of the

3 Armed Forces. If the Secretary of Defense determines,

4 after considering the reports, that the limitation will im5 pair the readiness and combat effectiveness of any of the

6 Armed Forces, the Secretary shall exercise the waiver au7 thority provided in subsection (b).

8 Subtitle C—Environmental Matters

9 SEC. 321. PROHIBITION ON THE PURCHASE OF SURETY

10 BONDS AND OTHER GUARANTEES FOR THE

11 DEPARTMENT OF DEFENSE.

12 No funds appropriated or otherwise made available

13 to the Department of Defense for fiscal year 1995 may

14 be obligated or expended for the purchase of surety bonds

15 or other guarantees of financial responsibility in order to

16 guarantee the performance of any direct function of the

17 Department of Defense.

18 SEC. 322. EXTENSION OF PROHIBITION ON USE OF ENVI19 RONMENTAL RESTORATION FUNDS FOR PAY20 MENT OF FINES AND PENALTIES.

21 None of the funds appropriated for fiscal year 1995

22 pursuant to the authorization of appropriations provided

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

24 or penalty imposed against the Department of Defense un-
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1 less the act or omission for which the fine or penalty is

2 imposed arises out of activities funded by the account.

3 SEC. 323. PARTICIPATION OF INDIAN TRIBES IN AGREE4 MENTS FOR DEFENSE ENVIRONMENTAL RES5 TORATION.

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

7 amended—

8 (1) by striking out ‘‘SERVICE OF OTHER AGEN9 CIES.—The Secretary’’ and inserting in lieu thereof

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

11 ‘‘(1) IN GENERAL.—The Secretary’’;

12 (2) in paragraph (1), as so designated, by in13 serting ‘‘any Federally recognized Indian tribe or’’

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

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

16 ‘‘(2) DEFINITION.—For purposes of this sub17 section, the term ‘Indian tribe’ has the meaning

18 given such term in section 101(36) of the Com19 prehensive Environmental Response, Compensation,

20 and Liability Act of 1980 (42 U.S.C. 9701(36)).’’.
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1 Subtitle D—Matters Relating to De2 partment of Defense Civilian

3 Employees

4 SEC. 331. EXTENSION OF CERTAIN TRANSITION ASSIST5 ANCE AUTHORITIES.

6 (a) REDUCTION-IN-FORCE NOTIFICATION REQUIRE7 MENTS.—Section 4433(b)(2) of the Defense Conversion,

8 Reinvestment, and Transition Assistance Act of 1992 (di9 vision D of Public Law 102–484; 106 Stat. 2721; 5 U.S.C.

10 3502 note) is amended by striking out ‘‘February 1,

11 1998’’ and inserting in lieu thereof ‘‘February 1, 2000’’.

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

13 5, United States Code, is amended by striking out ‘‘Sep14 tember 30, 1997’’ and inserting in lieu thereof ‘‘Septem15 ber 30, 1999’’.

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

17 Reinvestment, and Transition Assistance Act of 1992 (5

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

19 1, 1998’’ and inserting in lieu thereof ‘‘January 1, 2000’’.

20 (c) RESTORATION OF CERTAIN LEAVE.—Section

21 6304(d)(3) of title 5, United States Code, is amended by

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

23 in lieu thereof ‘‘the closure of an installation of the De24 partment of Defense pursuant to the Defense Base Clo25 sure and Realignment Act of 1990 (part A of title XXIX
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1 of Public Law 101–510; 10 U.S.C. 2687 note) during any

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

3 (d) CONTINUED HEALTH BENEFITS.—Section

4 8905a(d)(4)(B) of title 5, United States Code, is amend5 ed—

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

7 place it appears and inserting in lieu thereof ‘‘Octo8 ber 1, 1999’’; and

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

10 1998,’’ and inserting in lieu thereof ‘‘February 1,

11 2000,’’.

12 SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO

13 CONDUCT PERSONNEL DEMONSTRATION

14 PROJECTS.

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

16 Section 6 of the Civil Service Miscellaneous Amendments

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

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

19 (2) In the event of a reorganization of the organiza20 tion carrying out the personnel demonstration project re21 ferred to in section 6 of Public Law 98–224, such section

22 shall apply with respect to the successor to that organiza23 tion.

24 (b) DEFENSE LABORATORIES PERSONNEL DEM25 ONSTRATION PROJECTS.—(1) The Secretary of Defense
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1 may carry out personnel demonstration projects at De2 partment of Defense laboratories designated by the Sec3 retary as Department of Defense science and technology

4 reinvention laboratories.

5 (2) Each personnel demonstration project carried out

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

7 the personnel demonstration project that is authorized by

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

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

10 Naval Ocean Systems Center, San Diego, California.

11 (3) If the Secretary carries out a demonstration

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

13 4703 (other than subsection (d)) of title 5, United States

14 Code, shall apply to such demonstration project, except

15 that the authority of the Secretary to carry out the dem16 onstration project is that which is provided in paragraph

17 (1) rather than the authority that is provided in such sec18 tion 4703.
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1 SEC. 333. LIMITATION ON PAYMENT OF SEVERANCE PAY TO

2 CERTAIN EMPLOYEES TRANSFERRING TO

3 EMPLOYMENT POSITIONS IN

4 NONAPPROPRIATED FUND INSTRUMENTAL5 ITIES.

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

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

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

10 paid to—

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

12 during any period in which the person is employed

13 in a defense nonappropriated fund instrumentality;

14 or

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

16 during any period in which the person is employed

17 in a Coast Guard nonappropriated fund instrumen18 tality.

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

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

23 nonappropriated fund instrumentality, not by removal for

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

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

3 separation, is entitled to immediate payment of retired or

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

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

7 from employment by a nonappropriated fund instru8 mentality;

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

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

11 or

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

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

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

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

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

20 any severance pay payable for such period to the person

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

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

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

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

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

4 Defense that is not employment in a defense

5 nonappropriated fund instrumentality to employment

6 in a defense nonappropriated fund instrumentality;

7 or

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

9 is not employment in a Coast Guard

10 nonappropriated fund instrumentality to employment

11 in a Coast Guard nonappropriated fund instrumen12 tality.

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

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

16 ‘‘(6) In this subsection:

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

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

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

21 fund instrumentality’ means a nonappropriated fund

22 instrumentality of the Coast Guard.

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

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

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

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

5 after such date.

6 SEC. 334. RETIREMENT CREDIT FOR CERTAIN SERVICE IN

7 NONAPPROPRIATED FUND INSTRUMENTAL8 ITIES BEFORE JANUARY 1, 1987.

9 (a) CIVIL SERVICE RETIREMENT AND DISABILITY

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

11 is amended—

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

13 the end;

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

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

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

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

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

20 for at least 12 months during the period beginning

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

22 1986, other than service creditable under section

23 8411(b)(5) of this title, if—

24 ‘‘(A) such service involved conducting a

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

3 title on January 1, 1994;

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

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

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

10 Personnel Management; and

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

12 of the Fund for each period of such service the

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

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

16 (4) in the last sentence—

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

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

21 fund instrumentality’’ and inserting in lieu

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

24 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

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

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

3 ‘‘and’’ at the end;

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

5 period at the end and inserting in lieu thereof

6 ‘‘; and’’; and

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

8 following new paragraph:

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

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

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

14 ‘‘(A) such service involved conducting a

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

16 this title;

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

18 this chapter under section 301 of the Federal

19 Employees’ Retirement System Act of 1986 (5

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

21 to the making of required deposits) have been

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

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

2 83 of this title;

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

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

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

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

11 Personnel Management; and

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

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

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

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

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

21 the head of a nonappropriated fund instrumentality of the

22 United States concerning service of the type described in

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

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

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

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

5 has not previously made an election under section 301 of

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

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

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

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

11 the date on which the individual became subject to this

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

13 on, or after June 30, 1987).’’.

14 SEC. 335. TRAVEL, TRANSPORTATION, AND RELOCATION

15 EXPENSES OF EMPLOYEES TRANSFERRING

16 TO THE UNITED STATES POSTAL SERVICE.

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

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

19 the end the following:

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

22 United States Postal Service

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

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

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

6 to any employee of the Department of Defense who—

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

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

10 position with the United States Postal Service; and

11 ‘‘(3) accepts the appointment.’’.

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

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

to the United States Postal Service.’’.

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

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

18 date.

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

21 PAY ACCOUNT.

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

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

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

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

4 thereof ‘‘foreign nationals referred to in subsection

5 (e)’’; and

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

7 in lieu thereof the following:

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

9 only with respect to separation pay of foreign nationals

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

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

13 agreements that provide for payment of separation pay:

14 ‘‘(1) A contract.

15 ‘‘(2) A treaty.

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

17 foreign nation.

18 SEC. 337. INCREASED AUTHORITY TO ACCEPT VOLUNTARY

19 SERVICES.

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

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

22 as follows:

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

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

2 the following services:

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

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

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

7 museum or a natural resources program.

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

10 forces and the families of such members, including

11 the following programs:

12 ‘‘(A) Family support programs.

13 ‘‘(B) Child development and youth services

14 programs.

15 ‘‘(C) Library and education programs.

16 ‘‘(D) Religious programs.

17 ‘‘(E) Housing referral programs.

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

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

21 Secretary concerned shall notify the person of the scope

22 of the services accepted.

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

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

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

5 and

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

7 privileged, has appropriate credentials, or is

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

10 ‘‘(B) may not—

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

12 position; or

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

14 compensate the person for the provision of such

15 services.

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

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

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

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

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

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

2 the following provisions of law:

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

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

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

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

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

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

12 nonappropriated fund instrumentality of the United

13 States with voluntary services accepted under subsection

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

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

17 that instrumentality only for the following purposes:

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

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

22 of title 28, relating to tort claims.

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

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

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

2 the services so accepted.

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

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

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

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

8 the amount determined by multiplying—

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

10 the person provided the services, by

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

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

15 The Secretary concerned may provide for reimbursement

16 of a person for incidental expenses incurred by the person

17 in providing voluntary services accepted under subsection

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

20 reimbursement may be made from appropriated or

21 nonappropriated funds.’’.

22 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

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

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

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

2 this title’’.

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

4 amended—

5 (A) in section 8171—

6 (i) in subsection (a)—

7 (I) by striking out ‘‘Chapter 18 of

8 title 33’’ in the first sentence and inserting

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

11 U.S.C. 901 et seq.)’’;

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

13 title 33’’ in the first sentence and inserting

14 in lieu thereof ‘‘section 2(2) of such Act

15 (33 U.S.C. 902(2))’’; and

16 (III) by striking out ‘‘section 903(a)

17 of title 33 which follows the first comma’’

18 in the second sentence and inserting in lieu

19 thereof ‘‘section 3(a) of such Act (33

20 U.S.C. 903(3)) which follows the second

21 comma’’;

22 (ii) in subsection (b), by striking out ‘‘sec23 tion 902(4) of title 33’’ and inserting in lieu

24 thereof ‘‘section 2(4) of the Longshore and
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1 Harbor Workers’ Compensation Act (33 U.S.C.

2 902(4))’’;

3 (iii) in subsection (c)(1), by striking out

4 ‘‘section 939(b) of title 33’’ and inserting in

5 lieu thereof ‘‘39(b) of the Longshore and Har6 bor Workers’ Compensation Act (33 U.S.C.

7 939(b))’’; and

8 (iv) in subsection (d), by striking out ‘‘sec9 tions 918 and 921 of title 33’’ and inserting in

10 lieu thereof ‘‘sections 18 and 21 of the

11 Longshore and Harbor Workers’ Compensation

12 Act (33 U.S.C. 18 and 21, respectively)’’; and

13 (B) by striking out ‘‘section 902(2) of title 33’’

14 in sections 8172 and 8173 and inserting in lieu

15 thereof ‘‘section 2(2) of the Longshore and Harbor

16 Workers’ Compensation Act (33 U.S.C. 2(2))’’.

17 Subtitle E—Other Matters

18 SEC. 341. CHANGE OF SOURCE FOR PERFORMANCE OF

19 DEPOT-LEVEL WORKLOADS.

20 The text of section 2469 of title 10, United States

21 Code, is amended to read as follows:

22 ‘‘(a) REQUIREMENT FOR COMPETITION.—The Sec23 retary of Defense shall ensure that the performance of a

24 depot-level maintenance workload described in subsection

25 (b) is not changed to performance by a contractor or by
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1 another depot-level maintenance activity of the Depart2 ment of Defense unless the change is made using—

3 ‘‘(1) merit-based selection procedures for com4 petitions among all depot-level maintenance activities

5 of the Department of Defense; or

6 ‘‘(2) competitive procedures for competitions

7 among private and public sector entities.

8 ‘‘(b) SCOPE.—Subsection (a) applies to any depot9 level maintenance workload that has a value of not less

10 than $3,000,000 and is being performed by a depot-level

11 activity of the Department of Defense.

12 ‘‘(c) INAPPLICABILITY OF OMB CIRCULAR A–76.—

13 Office of Managment and Budget Circular A–76 does not

14 apply to a performance change to which subsection (a) ap15 plies.’’.

16 SEC. 342. CIVIL AIR PATROL.

17 (a) PROVISION OF FUNDS.—Subsection (b) of section

18 9441 of title 10, United States Code, is amended—

19 (1) by redesignating paragraphs (8), (9), (10),

20 and (11) as paragraphs (9), (10), (11), and (12), re21 spectively; and

22 (2) by inserting after paragraph (7) the follow23 ing new paragraph (8):

24 ‘‘(8) provide funds for the national head25 quarters of the Civil Air Patrol, including funds for
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1 the payment of staff compensation and benefits, ad2 ministrative expenses, travel, per diem and allow3 ances, rent and utilities, and other operational ex4 penses;’’.

5 (b) LIAISONS.—Such section is further amended by

6 adding at the end the following new subsection:

7 ‘‘(d)(1) The Secretary of the Air Force may authorize

8 the Civil Air Patrol to employ, as administrators and liai9 son officers, persons retired from service in the Air Force

10 whose qualifications are approved under regulations pre11 scribed by the Secretary and who request such employ12 ment.

13 ‘‘(2) A person employed pursuant to paragraph (1)

14 may receive the person’s retired pay and an additional

15 amount for such employment that is not more than the

16 difference between the person’s retired pay and the pay

17 and allowances the person would be entitled to receive if

18 ordered to active duty in the grade in which the person

19 retired from service in the Air Force. The additional

20 amount shall be paid to the Civil Air Patrol by the Sec21 retary from funds appropriated for that purpose.

22 ‘‘(3) A person employed pursuant to paragraph (1)

23 may not, while so employed, be considered to be on active

24 duty or inactive-duty training for any purpose.’’.
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1 SEC. 343. ARMED FORCES RETIREMENT HOME.

2 (a) INCREASED MAXIMUM LIMITATION ON DEDUC3 TIONS FROM PAY.—Section 1007(i) of title 37, United

4 States Code, is amended—

5 (1) in paragraph (1), by striking out ‘‘50

6 cents’’ and inserting in lieu thereof ‘‘$2.00’’; and

7 (2) in paragraph (3), by adding at the end the

8 following: ‘‘The amount fixed for a grade or length

9 of service may not be increased by more than 50

10 cents during any 12-month period.’’.

11 (b) MODIFICATION OF FEES PAID BY RESIDENTS.—

12 (1) Paragraph (2) of section 1514(c) of the Armed Forces

13 Retirement Home Act of 1991 (24 U.S.C. 414(c)) is

14 amended to read as follows:

15 ‘‘(2) The fee shall be fixed as a percentage of the

16 monthly income and monthly payments (including Federal

17 payments) received by a resident, subject to such adjust18 ments in the fee as the Retirement Home Board may

19 make under paragraph (1). The percentage shall be the

20 same for each establishment of the Retirement Home.’’.

21 (2)(A) Subsections (d) and (e) of section 1514 of

22 such Act are repealed.

23 (B) Such section is further amended by adding after

24 subsection (c) the following new subsection (d):

25 ‘‘(d) APPLICATION OF FEES.—Subject to such ad26 justments in the fee as the Retirement Home Board may
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1 make under subsection (c), each resident of the Retire2 ment Home shall be required to pay a monthly fee equal

3 to the amount determined by multiplying the total amount

4 of all monthly income and monthly payments (including

5 Federal payments) received by the resident by a percent6 age as follows:

7 ‘‘(1) In the case of a permanent health care

8 resident—

9 ‘‘(A) in fiscal year 1998, 35 percent;

10 ‘‘(B) in fiscal year 1999, 45 percent; and

11 ‘‘(C) in fiscal year 2000, 65 percent.

12 ‘‘(2) In the case of a resident who is not a per13 manent health care resident—

14 ‘‘(A) in fiscal year 1998, 30 percent;

15 ‘‘(B) in fiscal year 1999, 35 percent; and

16 ‘‘(C) in fiscal year 2000, 40 percent.

17 (c) MODERNIZATION OF FACILITIES.—(1) The

18 Chairman of the Armed Forces Retirement Home Board

19 shall carry out a study to identify and evaluate alter20 natives for modernization of the facilities at the United

21 States Soldiers’ and Airmen’s Home.

22 (2) The Chairman shall submit an interim report and

23 a final report on the results of the study to the Commit24 tees on Armed Services of the Senate and House of Rep25 resentatives. The Chairman shall submit the interim re-
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1 port not later than April 1, 1995, and the final report

2 not later than December 31, 1995.

3 (d) EFFECTIVE DATES.—(1) The amendments made

4 by subsection (a) shall take effect on January 1, 1995,

5 and apply to years that begin on or after that date.

6 (2) The amendments made by subsection (b) shall

7 take effect October 1, 1997.

8 SEC. 344. CLARIFICATION OF AUTHORITY TO PROVIDE

9 MEDICAL TRANSPORTATION UNDER NA10 TIONAL GUARD PILOT PROGRAM.

11 Paragraph (1) of section 376(h) of the National De12 fense Authorization Act for Fiscal Year 1993 (32 U.S.C.

13 501 note) is amended to read as follows:

14 ‘‘(1) The term ‘health care’ includes the follow15 ing services:

16 ‘‘(A) Medical care services.

17 ‘‘(B) Dental care services.

18 ‘‘(C) Transportation, by air ambulance or

19 other means, for medical reasons.’’.

20 SEC. 345. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

21 (a) PROGRAM AUTHORIZED.—Subject to subsection

22 (b), the Secretary of the Army may carry out a loan guar23 antee program to encourage commercial firms to use am24 munition manufacturing facilities pursuant to section 193

25 of the Armament Retooling and Manufacturing Support
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1 Act of 1992 (subtitle H of title I of Public Law 102–484;

2 106 Stat. 2348). Under such program, the Secretary may

3 guarantee the repayment of any loan made to a commer4 cial firm to fund, in whole or in part, the establishment

5 of a commercial activity under the Act.

6 (b) ADVANCED BUDGET AUTHORITY.—Loan guaran7 tees under this section may not be committed except to

8 the extent that appropriations of budget authority to cover

9 their costs are made in advance, as required by section

10 504 of the Federal Credit Reform Act of 1990 (title V

11 of the Congressional Budget Act of 1974; 2 U.S.C. 661c).

12 (c) PROGRAM ADMINISTRATION.—(1) The Secretary

13 may enter into agreements with the Administrator of the

14 Small Business Administration, the Administrator of the

15 Farmers Home Administration, and the Administrator of

16 the Rural Development Administration under which such

17 Administrators may, under this section—

18 (A) process applications for loan guarantees;

19 (B) guarantee repayment of loans; and

20 (C) provide any other services to the Secretary

21 to administer the loan guarantee program.

22 (2) Each Administrator may guarantee loans under

23 this section to commercial firms of any size, notwithstand24 ing any size limitations imposed on other loan guarantee

25 programs that the Administrator administers.
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1 (3) To the extent practicable, each Administrator

2 shall use the same procedures for processing loan guaran3 tee applications under this section as the Administrator

4 uses for processing loan guarantee applications under

5 other loan guarantee programs that the Administrator

6 administers.

7 (d) LOAN LIMITS.—Loan guarantees under this sec8 tion may not exceed—

9 (1) $20,000,000 for any borrower; and

10 (2) $65,000,000 for all borrowers.

11 (e) TRANSFER OF FUNDS.—The Secretary of the

12 Army may transfer to an Administrator providing services

13 under subsection (c), and an Administrator may accept,

14 such funds as may be necessary to administer the loan

15 guarantee program under this section.

16 (f) REPORTING REQUIREMENT.—Not later than July

17 1 of each year in which a guarantee issued under this sec18 tion is in effect, the Secretary shall submit to the congres19 sional defense committees a report containing the amounts

20 of loans guaranteed under this section during the preced21 ing calendar year. No report is required after fiscal year

22 1997.

23 (g) AUTHORIZATION FOR USE OF EXISTING BUDGET

24 AUTHORITY.—Funds appropriated for the Armament Re25 tooling and Manufacturing Support Initiative by title III
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1 of Public Law 102–396 under the heading ‘‘PROCURE2 MENT OF AMMUNITION, ARMY’’ (106 Stat. 1887) may be

3 made available for loan guarantees under this section only

4 to the extent provided in an appropriations Act enacted

5 after the date of the enactment of this Act.

6 (h) EXTENSION OF AUTHORITY.—Section 193(a) of

7 the Armament Retooling and Manufacturing Support Act

8 of 1992 (subtitle H of title I of Public Law 102–484; 106

9 Stat. 2348) is amended by striking out ‘‘During fiscal

10 years 1993 and 1994,’’ and inserting in lieu thereof ‘‘Dur11 ing fiscal years 1993 through 1996,’’.

12 SEC. 346. REAUTHORIZATION OF DEPARTMENT OF DE13 FENSE DOMESTIC ELEMENTARY AND SEC14 ONDARY SCHOOLS FOR DEPENDENTS.

15 (a) CONTINUED AUTHORITY.—Chapter 108 of title

16 10, United States Code, is amended by adding at the end

17 the following new section:

18 ‘‘§ 2164. Department of Defense domestic dependent

19 elementary and secondary schools

20 ‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary

21 of Defense makes a determination that appropriate edu22 cational programs are not available through a local edu23 cational agency for dependents of members of the armed

24 forces and dependents of civilian employees of the Federal

25 Government residing on a military installation in the Unit-
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1 ed States (including territories, commonwealths, and pos2 sessions of the United States), the Secretary may provide

3 for the elementary or secondary education of the depend4 ents of such members of the armed forces and, to the ex5 tent authorized in subsection (c), the dependents of such

6 civilian employees.

7 ‘‘(b) FACTORS FOR SECRETARY TO CONSIDER.—(1)

8 Factors to be considered by the Secretary of Defense in

9 making a determination under subsection (a) shall include

10 the following:

11 ‘‘(A) The extent to which such dependents are

12 eligible for free public education in the local area ad13 jacent to the military installation.

14 ‘‘(B) The extent to which the local educational

15 agency is able to provide a comparable educational

16 program for such dependents.

17 ‘‘(2) For purposes of paragraph (1)(B), an appro18 priate educational program is a program that, as deter19 mined by the Secretary, is comparable to a program of

20 free public education provided for children in the following

21 communities:

22 ‘‘(A) In the case of a military installation lo23 cated in a State (other than an installation referred

24 to in subparagraph (B)), similar communities in the

25 State.
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1 ‘‘(B) In the case of a military installation with

2 boundaries contiguous to two or more States, similar

3 communities in the contiguous States.

4 ‘‘(C) In the case of a military installation lo5 cated in a territory, commonwealth, or possession,

6 the District of Columbia, except that an educational

7 program determined comparable under this subpara8 graph may be considered appropriate for the pur9 poses of paragraph (1)(B) only if the program is

10 conducted in the English language.

11 ‘‘(c) ELIGIBILITY OF DEPENDENTS OF FEDERAL

12 EMPLOYEES.—(1) A dependent of a Federal employee re13 siding on a military installation at any time during the

14 school year may enroll in an educational program provided

15 by the Secretary of Defense pursuant to subsection (a)

16 for dependents residing on such installation.

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

18 dependent of a Federal employee who is enrolled in an

19 educational program provided by the Secretary pursuant

20 to subsection (a) and who is not residing on a military

21 installation may be enrolled in the program for not more

22 than five consecutive school years.

23 ‘‘(B) A dependent referred to in subparagraph (A)

24 may be enrolled in the program for more than five con25 secutive school years if the Secretary determines that, in
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1 the interest of the dependent’s educational well-being,

2 there is good cause to extend the enrollment for more than

3 the five-year period described in such subparagraph. Any

4 such extension may be made for only one school year at

5 a time.

6 ‘‘(3) A dependent of a Federal employee may con7 tinue enrollment in a program under this subsection for

8 the remainder of a school year notwithstanding a change

9 during such school year in the status of the Federal em10 ployee that, except for this paragraph, would otherwise

11 terminate the eligibility of the dependent to be enrolled

12 in the program. The preceding sentence does not limit the

13 authority of the Secretary to remove the dependent from

14 enrollment in the program at any time for good cause de15 termined by the Secretary.

16 ‘‘(d) SCHOOL BOARDS.—(1) The Secretary of De17 fense shall provide for the establishment of a school board

18 for each Department of Defense elementary or secondary

19 school established for a military installation under this

20 section.

21 ‘‘(2) The school board shall be composed of the num22 ber of members, not less than three, prescribed by the

23 Secretary.
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1 ‘‘(3) The parents of the students attending the school

2 shall elect the school board in accordance with procedures

3 which the Secretary shall prescribe.

4 ‘‘(4) The elected school board shall be considered a

5 local civic group with a function of rendering a public serv6 ice of providing counsel through oversight of school ex7 penditures and operations. The Secretary shall prescribe

8 the oversight procedures and audit standards applicable

9 to the functions of the school board.

10 ‘‘(5) Meetings conducted by the school board shall be

11 open to the public.

12 ‘‘(6) A school board need not comply with the provi13 sions of the Federal Advisory Committee Act (5 U.S.C.

14 App.), but may close meetings in accordance with such

15 Act.

16 ‘‘(e) ADMINISTRATION AND STAFF.—(1) The Sec17 retary of Defense may enter into such arrangements as

18 may be necessary to provide educational programs at the

19 school.

20 ‘‘(2) The Secretary may, without regard to the provi21 sions of any other law relating to the number, classifica22 tion, or compensation of employees—

23 ‘‘(A) establish such positions for civilian em24 ployees in schools established under this section;

25 ‘‘(B) appoint individuals to such positions; and
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1 ‘‘(C) fix the compensation of such individuals

2 for service in such positions.

3 ‘‘(3)(A) Except as provided in subparagraph (B), in

4 fixing the compensation of employees appointed for a

5 school pursuant to paragraph (2), the Secretary shall con6 sider—

7 ‘‘(i) the compensation of comparable employees

8 of the local educational agency in the capital of the

9 State where the military installation is located;

10 ‘‘(ii) the compensation of comparable employees

11 in the local educational agency that provides public

12 education to students who reside adjacent to the

13 military installation; or

14 ‘‘(iii) the average compensation for similar posi15 tions in not more than three other local educational

16 agencies in the State in which the military installa17 tion is located.

18 ‘‘(B) In fixing the compensation of employees in

19 schools established in the territories, commonwealths, and

20 possessions pursuant to the authority of this section, the

21 Secretary shall determine the level of compensation re22 quired to attract qualified employees. For employees in

23 such schools, the Secretary, without regard to the provi24 sions of title 5, may provide for the tenure, leave, hours

25 of work, and other incidents of employment to be similar
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1 to that provided for comparable positions in the public

2 schools of the District of Columbia. For purposes of the

3 first sentence, a school shall be considered to have been

4 established pursuant to the authority of this section if the

5 school was established pursuant to other similar authority

6 before the date on which this section takes effect.

7 ‘‘(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND

8 PROTECTIONS FOR CHILDREN.—(1) The Secretary shall

9 provide the following substantive rights, protections, and

10 procedural safeguards (including due process procedures)

11 in the educational programs provided for under this

12 section:

13 ‘‘(A) In the case of children with disabilities

14 aged 3 to 5, inclusive, all substantive rights, protec15 tions, and procedural safeguards (including due

16 process procedures) available to children with dis17 abilities aged 3 to 5, inclusive, under part B of the

18 Individuals with Disabilities Education Act (20

19 U.S.C. 1411 et seq.).

20 ‘‘(B) In the case of infants and toddlers with

21 disabilities, all substantive rights, protections, and

22 procedural safeguards (including due process proce23 dures) available to infants and toddlers with disabil24 ities under part H of such Act (20 U.S.C. 1471 et

25 seq.).
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1 ‘‘(C) In the case of all other children with dis2 abilities, all substantive rights, protections, and pro3 cedural safeguards (including due process proce4 dures) available to children with disabilities who are

5 3 to 5 years old under part B of such Act.

6 ‘‘(2) Paragraph (1) may not be construed as dimin7 ishing for children with disabilities enrolled in day edu8 cational programs provided for under this section the ex9 tent of substantive rights, protections, and procedural

10 safeguards that were available under section 6(a) of Public

11 Law 81–874 (20 U.S.C. 241(a)) to children with disabil12 ities as of October 7, 1991.

13 ‘‘(3) In this subsection:

14 ‘‘(A) The term ‘children with disabilities’ has

15 the meaning given the term in section 602(a)(1) of

16 the Individuals with Disabilities Education Act (20

17 U.S.C. 1401(a)(1)).

18 ‘‘(B) The term ‘children with disabilities aged 3

19 to 5, inclusive’ means such term as used in such Act

20 (20 U.S.C. 1400 et seq.).

21 ‘‘(C) The term ‘infants and toddlers with dis22 abilities’ has the meaning given the term in section

23 672(1) of such Act (20 U.S.C. 1472(1)).

24 ‘‘(g) REIMBURSEMENT.—When the Secretary of De25 fense provides educational services under this section to
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1 an individual who is a dependent of an employee of a Fed2 eral agency outside the Department of Defense, the head

3 of the other Federal agency shall, upon request of the Sec4 retary of Defense, reimburse the Secretary for those serv5 ices at rates routinely prescribed by the Secretary for

6 those services. Any payments received by the Secretary

7 under this subsection shall be credited to the account des8 ignated by the Secretary for the operation of educational

9 programs under this section.’’.

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

11 at the beginning of such chapter is amended by adding

12 at the end the following new item:

‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

13 SEC. 347. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

14 THAT BENEFIT DEPENDENTS OF MEMBERS

15 OF THE ARMED FORCES AND DEPARTMENT

16 OF DEFENSE CIVILIAN EMPLOYEES.

17 (a) AVAILABILITY OF FUNDS.—Of the amounts au18 thorized to be appropriated pursuant to section 301(5)—

19 (1) $50,000,000 shall be available for providing

20 assistance to local educational agencies under sub21 section (b) of section 386 of Public Law 102–484;

22 and
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1 (2) $8,000,000 shall be available for making

2 payments to local educational agencies under sub3 section (d) of such section.

4 (b) NOTIFICATION AND DISBURSAL.—(1) On or be5 fore June 30, 1995, the Secretary of Defense (with respect

6 to assistance provided in subsection (b) of section 386 of

7 Public Law 102–484) and the Secretary of Education

8 (with respect to payments made under subsection (d) of

9 such section) shall notify each local educational agency eli10 gible for assistance under subsections (b) and (d) of such

11 section, respectively, for fiscal year 1995 of such agency’s

12 eligibility for such assistance and the amount of such

13 assistance.

14 (2) The Secretary of Defense (with respect to funds

15 made available under subsection (a)(1)) and the Secretary

16 of Education (with respect to funds made available under

17 subsection (a)(2)) shall disburse such funds not later than

18 30 days after notification to eligible local education

19 agencies.

20 SEC. 348. DISPOSITION OF PROCEEDS FROM OPERATION

21 OF THE NAVAL ACADEMY LAUNDRY.

22 Section 6971 of title 10, United States Code, is

23 amended—

24 (1) in subsection (a)—

25 (A) by striking out ‘‘(a)’’; and
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1 (B) in the first sentence, by striking out

2 ‘‘and the Academy dairy’’ and inserting in lieu

3 thereof ‘‘the Academy dairy, and the Academy

4 laundry’’; and

5 (2) by striking out subsection (b).

6 SEC. 349. REPEAL OF ANNUAL LIMITATION ON EXPENDI7 TURES FOR EMERGENCY AND EXTRAOR8 DINARY EXPENSES OF THE DEPARTMENT OF

9 DEFENSE INSPECTOR GENERAL.

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

11 amended—

12 (1) by striking out ‘‘(1)’’ after ‘‘(c)’’; and

13 (2) by striking out paragraph (2).

14 SEC. 350. EXTENSION OF AUTHORITY FOR PROGRAM TO

15 COMMEMORATE WORLD WAR II.

16 Section 378 of the National Defense Authorization

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

18 2387; 10 U.S.C. 113 note) is amended by striking out

19 ‘‘1995’’ each place it appears in subsections (a) and (b)

20 and inserting in lieu thereof ‘‘1996’’.
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1 SEC. 351. EXTENSION OF AUTHORITY FOR AVIATION DE2 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

3 DEFENSE-RELATED PRODUCTION AND SERV4 ICES.

5 Section 1425(e) of the National Defense Authoriza6 tion Act for Fiscal Year 1991 (Public Law 101–510), as

7 amended by section 370(b) of Public Law 103–160 (107

8 Stat. 1634), is further amended by striking out ‘‘Septem9 ber 30, 1994’’ and inserting in lieu thereof ‘‘September

10 30, 1995’’.

11 SEC. 352. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF

12 DEFENSE PROPERTY TO EDUCATIONAL IN13 STITUTIONS AND TRAINING SCHOOLS.

14 (a) AUTHORITY TO TRANSFER.—Subsection (b)(1)

15 of section 2535(b) of title 10, United States Code, is

16 amended—

17 (1) in subparagraph (F), by striking out ‘‘and’’;

18 (2) by redesignating subparagraph (G) as sub19 paragraph (H); and

20 (3) by inserting after subparagraph (F) the fol21 lowing new subparagraph (G):

22 ‘‘(G) notwithstanding title II of the Federal

23 Property and Administrative Services Act of 1949

24 (40 U.S.C. 481 et seq.) and any other provision of

25 law, authorize the transfer, on a nonreimbursable

26 basis, of any such property to any nonprofit edu-
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1 cational institution or training school whenever the

2 program proposed by such institution or school for

3 the use of such property will contribute materially to

4 national defense; and’’.

5 (b) TREATMENT OF PROPERTY LOANED BEFORE

6 SEPTEMBER 30, 1993.—Except for property determined

7 by the Secretary to be needed by the Department of De8 fense, property loaned before September 30, 1993, to an

9 educational institution or training school under section

10 2535(b) of title 10, United States Code, or section 4(a)(7)

11 of the Defense Industrial Reserve Act (as in effect before

12 October 23, 1992) shall be regarded as surplus property.

13 Upon certification by the Secretary to the Administrator

14 of General Services that the property is being used by the

15 borrowing educational institution or training school for a

16 purpose consistent with that for which the property was

17 loaned, the Administrator may authorize the conveyance

18 of all right, title, and interest of the United States in such

19 property to the borrower if the borrower agrees to accept

20 the property. The Administrator may require any addi21 tional terms and conditions in connection with a convey22 ance so authorized that the Administrator considers ap23 propriate to protect the interests of the United States.
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1 SEC. 353. SHIPS’ STORES.

2 Section 371 of the National Defense Authorization

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

4 1634; 10 U.S.C. 7604 note) is amended—

5 (1) by striking out subsections (a), (b), and (d);

6 and

7 (2) in subsection (c), by striking out ‘‘(c) CODI8 FICATION.—Section 7604’’ and inserting in lieu

9 thereof ‘‘Effective as of November 30, 1993, section

10 7604’’.

11 SEC. 354. HUMANITARIAN PROGRAM FOR CLEARING LAND12 MINES.

13 (a) PROGRAM AUTHORIZED.—The Secretary of De14 fense may carry out a program for humanitarian purposes

15 to provide for the instruction, education, training, and ad16 vising of personnel of other nations in the various proce17 dures that have been determined effective for detecting

18 and clearing landmines.

19 (b) FORMS OF ASSISTANCE.—Under the program the

20 Secretary may provide personnel to conduct the instruc21 tion, education, or training or to furnish advice. In addi22 tion or alternatively, the Secretary may provide financial

23 assistance or in-kind assistance in support of such instruc24 tion, education, or training.
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1 (c) LIMITATIONS ON ACTIONS OF UNITED STATES

2 PERSONNEL.—The Secretary of Defense shall ensure that

3 no member of the Armed Forces of the United States—

4 (1) while providing assistance under subsection

5 (a), engages in the physical detection, lifting, or de6 stroying of landmines unless the member does so for

7 the concurrent purpose of supporting a United

8 States military operation; or

9 (2) provides such assistance as part of a mili10 tary operation that does not involve the Armed

11 Forces of the United States.

12 (d) FUNDING.—Of the funds authorized to be appro13 priated in section 301, not more than $10,000,000 shall

14 be available for a program carried out under subsection

15 (a).

16 SEC. 355. ASSISTANCE TO RED CROSS FOR EMERGENCY

17 COMMUNICATIONS SERVICES FOR MEMBERS

18 OF THE ARMED FORCES AND THEIR FAMI19 LIES.

20 (a) FISCAL YEAR 1995.—Of the funds authorized to

21 be appropriated by section 301(5), $14,500,000 shall be

22 available for obtaining emergency communications services

23 for members of the Armed Forces and their families from

24 the American National Red Cross.
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1 (b) FISCAL YEARS 1996 AND 1997.—Of the amounts

2 authorized to be appropriated for the Department of De3 fense for fiscal years 1996 and 1997 for operation and

4 maintenance for Defense-wide activities, $14,500,000

5 shall be available for each such fiscal year for obtaining

6 emergency communications services for members of the

7 Armed Forces and their families from the American Na8 tional Red Cross.

9 SEC. 356. MARITIME PREPOSITIONING SHIP ENHANCE10 MENT.

11 Section 2218 of title 10, United States Code, is

12 amended by adding at the end of subsection (f) the follow13 ing new paragraph:

14 ‘‘(3) Not more than three vessels built in foreign

15 shipyards may be purchased for the Marine Corps mari16 time prepositioning ship program with funds in the Na17 tional Defense Sealift Fund. Vessels purchased under the

18 authority of this paragraph may not be counted for pur19 poses of the limitation in paragraph (1).’’.

20 TITLE IV—MILITARY

21 PERSONNEL AUTHORIZATIONS

22 Subtitle A—Active Forces

23 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

24 The Armed Forces are authorized strengths for active

25 duty personnel as of September 30, 1995, as follows:
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1 (1) The Army, 510,000.

2 (2) The Navy, 441,641.

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

4 (4) The Air Force, 400,051.

5 SEC. 402. EXTENSION OF TEMPORARY VARIATION OF END

6 STRENGTH LIMITATIONS FOR MARINE CORPS

7 MAJORS AND LIEUTENANT COLONELS.

8 (a) EXTENSION OF AUTHORITY.—Subsection (a) of

9 section 402 of the National Defense Authorization Act for

10 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1639;

11 10 U.S.C. 523 note) is amended by striking out ‘‘and

12 1995’’ and inserting in lieu thereof ‘‘through 1997’’

13 (b) LIMITATION.—The table in subsection (b) of such

14 section is amended to read as follows:

‘‘Fiscal year:

Number of officers who may be serving

on active duty in the grade of:

Major Lieutenant colonel

1994 .............................................. 3,023 1,578

1995 .............................................. 3,157 1,634

1996 .............................................. 3,157 1,634

1997 .............................................. 3,157 1,634.’’.

15 (c) CLERICAL AMENDMENT.—The caption of sub16 section (b) of such section is amended by striking out

17 ‘‘AND 1995.—’’ and inserting in lieu thereof ‘‘THROUGH

18 1997.—’’.
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1 SEC. 403. RETENTION OF AUTHORIZED STRENGTH OF GEN2 ERAL OFFICERS ON ACTIVE DUTY IN THE MA3 RINE CORPS FOR FISCAL YEARS AFTER FIS4 CAL YEAR 1995.

5 Section 526(a)(4) of title 10, United States Code, is

6 amended by striking out ‘‘before October 1, 1995,’’ and

7 all that follows through ‘‘that date’’.

8 SEC. 404. EXCEPTION TO LIMITATION ON NUMBER OF GEN9 ERAL OFFICERS AND FLAG OFFICERS SERV10 ING ON ACTIVE DUTY.

11 Section 525(b) of title 10, United States Code, is

12 amended by adding at the end the following new para13 graph:

14 ‘‘(5)(A) Subject to subparagraph (C), an officer while

15 serving in a position referred to in subparagraph (B), if

16 serving in the grade of general or admiral, is in addition

17 to the number that would otherwise be permitted for that

18 officer’s armed force for that grade under paragraph (1)

19 or (2).

20 ‘‘(B) Subparagraph (A) applies to the following posi21 tions:

22 ‘‘(i) Commander in Chief of a combatant com23 mand.

24 ‘‘(ii) Commander, United States Forces, Korea.

25 ‘‘(iii) Deputy Commander in Chief, United

26 States European Command, but only while the Com-
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1 mander in Chief of such command is also the Su2 preme Allied Commander Europe.

3 ‘‘(C) Subparagraph (A) does not apply to an officer

4 serving in a position referred to in subparagraph (B) un5 less the Secretary of Defense, when considering that offi6 cer for recommendation to the President for appointment

7 to such position, concurrently considered one officer from

8 each of the other armed forces (other than the Coast

9 Guard) for recommendation to the President for appoint10 ment to the position.

11 ‘‘(D) The Chairman of the Joint Chiefs of Staff may

12 recommend officers to the Secretary of Defense for consid13 eration by the President for appointment to any of the

14 positions referred to in subparagraph (B).

15 ‘‘(E) This paragraph shall cease to be effective at the

16 end of September 30, 1997.’’.

17 SEC. 405. TEMPORARY EXCLUSION OF SUPERINTENDENT

18 OF NAVAL ACADEMY FROM COUNTING TO19 WARD NUMBER OF SENIOR ADMIRALS AU20 THORIZED TO BE ON ACTIVE DUTY.

21 (a) GRADE RELIEF.—If the next officer appointed to

22 serve as Superintendent of the United States Naval Acad23 emy after April 1, 1994, is an officer described in sub24 section (b), that officer, while so serving, shall not be
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1 counted for purposes of the limitations contained in sec2 tion 525(b)(2) of title 10, United States Code.

3 (b) QUALIFYING OFFICER.—Subsection (a) applies in

4 the case of a retired officer who—

5 (1) holds the grade of admiral on the retired

6 list;

7 (2) is ordered to active duty pursuant to section

8 688 of title 10, United States Code, to serve as Su9 perintendent of the United States Naval Academy;

10 and

11 (3) is appointed pursuant to section 601 of that

12 title to have the grade of admiral while serving on

13 active duty in that position.

14 Subtitle B—Reserve Forces

15 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

17 strengths for Selected Reserve personnel of the reserve

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

19 (1) The Army National Guard of the United

20 States, 400,000.

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

22 (3) The Naval Reserve, 109,000.

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

24 (5) The Air National Guard of the United

25 States, 115,581.
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1 (6) The Air Force Reserve, 78,706.

2 (7) The Coast Guard Reserve, 8,000.

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

4 may increase the end strength authorized by subsection

5 (a) by not more than 2 percent.

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

7 subsection (a) for the Selected Reserve of any reserve com8 ponent shall be reduced proportionately by—

9 (1) the total authorized strength of units orga10 nized to serve as units of the Selected Reserve of

11 such component which are on active duty (other

12 than for training) at the end of the fiscal year, and

13 (2) the total number of individual members not

14 in units organized to serve as units of the Selected

15 Reserve of such component who are on active duty

16 (other than for training or for unsatisfactory partici17 pation in training) without their consent at the end

18 of the fiscal year.

19 Whenever such units or such individual members are re20 leased from active duty during any fiscal year, the end

21 strength prescribed for such fiscal year for the Selected

22 Reserve of such reserve component shall be increased pro23 portionately by the total authorized strengths of such

24 units and by the total number of such individual members.
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

2 DUTY IN SUPPORT OF THE RESERVES.

3 Within the end strengths prescribed in section

4 411(a), the reserve components of the Armed Forces are

5 authorized, as of September 30, 1995, the following num6 ber of Reserves to be serving on full-time active duty or,

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

8 National Guard duty for the purpose of organizing, ad9 ministering, recruiting, instructing, or training the reserve

10 components:

11 (1) The Army National Guard of the United

12 States, 23,650.

13 (2) The Army Reserve, 11,940.

14 (3) The Naval Reserve, 17,510.

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

16 (5) The Air National Guard of the United

17 States, 9,098.

18 (6) The Air Force Reserve, 648.

19 Subtitle C—Military Training

20 Student Loads

21 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

22 (a) IN GENERAL.—For fiscal year 1995, the Armed

23 Forces are authorized average military training student

24 loads as follows:

25 (1) The Army, 69,420.

26 (2) The Navy, 43,064.
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1 (3) The Marine Corps, 25,377.

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

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

4 load authorized for an armed force under subsection (a)

5 applies to the active and reserve components of that armed

6 force.

7 (c) ADJUSTMENTS.—The average military training

8 student loads authorized in subsection (a) shall be ad9 justed consistent with the end strengths authorized in sub10 titles A and B. The Secretary of Defense shall prescribe

11 the manner in which such adjustments shall be appor12 tioned.

13 Subtitle D—Authorization of

14 Appropriations

15 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI16 TARY PERSONNEL.

17 There is hereby authorized to be appropriated to the

18 Department of Defense for military personnel for fiscal

19 year 1995 a total of $70,790,397,000. The authorization

20 in the preceding sentence supersedes any other authoriza21 tion of appropriations (definite or indefinite) for such pur22 pose for fiscal year 1995.
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1 Subtitle E—Other Matters

2 SEC. 441. REPEAL OF REQUIRED REDUCTION IN RECRUIT3 ING PERSONNEL.

4 Section 431 of the National Defense Authorization

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

6 2400) is repealed.

7 TITLE V—MILITARY PERSONNEL

8 POLICY

9 Subtitle A—Officer Personnel

10 Policy

11 SEC. 501. SERVICE ON SUCCESSIVE SELECTION BOARDS.

12 (a) SERVICE ON SUCCESSIVE BOARDS AUTHOR13 IZED.—Section 628 of title 10, United States Code, is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(f)(1) A special selection board convened under this

17 section shall be composed in accordance with section 612

18 of this title or, in the case of a warrant officer, composed

19 in accordance with section 573 of this title and regulations

20 prescribed by the Secretary of the military department

21 concerned, except that the prohibitions on service on suc22 cessive selection boards set forth in sections 612(b) and

23 573(e) of this title do not apply to service on successive

24 selection boards authorized under paragraph (2).
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1 ‘‘(2) An officer may serve on a selection board con2 vened under section 611(a) of this title or, in the case of

3 a warrant officer, section 573(a) of this title and on a suc4 cessive special selection board convened under this section

5 if the service on the successive board is approved by the

6 Secretary of the military department concerned and the

7 successive board does not consider any officer who was

8 considered by the first board.’’.

9 (b) CONFORMING AMENDMENT.—Subsections (a)(1)

10 and (b)(1) of section 628 of such title are amended by

11 striking out ‘‘(composed in accordance with’’ and all that

12 follows through ‘‘concerned)’’ and inserting in lieu thereof

13 ‘‘(composed as provided in subsection (f))’’.

14 SEC. 502. PROMOTION AND OTHER CAREER MANAGEMENT

15 MATTERS RELATING TO WARRANT OFFICERS

16 ON ACTIVE-DUTY LISTS.

17 (a) EXCEPTION FROM MANDATORY CONSIDERATION

18 BY PROMOTION SELECTION BOARD.—Section 575(d) of

19 such title is amended by inserting ‘‘(except for warrant

20 officers precluded from consideration under regulations

21 prescribed by the Secretary concerned under section 577

22 of this title)’’ after ‘‘under consideration’’.

23 (b) SECRETARIAL SUBMISSION OF PROMOTION SE24 LECTION BOARD REPORT.—Section 576(f)(1) of such title

25 is amended by striking out the second sentence.
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1 (c) PROMOTION FORMALITIES DEEMED COM2 PLETED.—Section 578 of such title is amended by adding

3 at the end the following new subsections:

4 ‘‘(e) A warrant officer who is appointed to a higher

5 grade under this section is considered to have accepted

6 such appointment on the date on which the appointment

7 is made unless the officer expressly declines the appoint8 ment.

9 ‘‘(f) A warrant who has served continuously as an

10 officer since the officer took the oath of office set forth

11 under section 3331 of title 5 is not required to take a

12 new oath upon appointment to a higher grade under this

13 section.’’.

14 (d) WARRANT OFFICERS SUBJECT TO MANAGEMENT

15 AUTHORITIES.—Section 582(2) of such title is amended

16 by inserting before the period at the end the following:

17 ‘‘(other than such officers recalled to active duty before

18 February 1, 1992, who have served continuously on active

19 duty since such date)’’.
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1 SEC. 503. ENLISTMENT OR RETIREMENT OF NAVY AND MA2 RINE CORPS LIMITED DUTY OFFICERS HAV3 ING TWICE FAILED OF SELECTION FOR PRO4 MOTION.

5 (a) AUTHORITY.—Subsection (f) of section 6383 of

6 title 10, United States Code, is amended to read as

7 follows:

8 ‘‘(f)(1) An officer subject to discharge under sub9 section (b), (d), or (e) who is not eligible for retirement

10 or for retention under paragraph (2) may, upon the offi11 cer’s request and in the discretion of the Secretary of the

12 Navy, be enlisted in the grade prescribed by the Secretary.

13 ‘‘(2) If an officer subject to discharge under sub14 section (b) or (d) is within two years of qualifying for re15 tirement under section 6323 of this title as of the date

16 on which the officer is to be discharged, the officer shall

17 be retained on active duty until becoming qualified for re18 tirement under that section (unless sooner retired or dis19 charged under another provision of law) and shall then

20 be retired.’’.

21 (b) CONFORMING AMENDMENTS.—Section 6383 of

22 such title is amended—

23 (1) in subsection (i), by striking out ‘‘or the

24 discharge under subsection (d)’’ and inserting in lieu

25 thereof ‘‘or the discharge under subsection (b) or

26 (d)’’;
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1 (2) by striking out subsection (g);

2 (3) by redesignating subsections (h), (i), and (j)

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

4 (4) in subsections (a), (b), and (d), by striking

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

6 place it appears and inserting in lieu thereof ‘‘Ex7 cept as provided in subsection (h),’’.

8 SEC. 504. EDUCATIONAL REQUIREMENTS FOR APPOINT9 MENT IN RESERVE COMPONENTS IN GRADES

10 ABOVE FIRST LIEUTENANT OR LIEUTENANT

11 (JUNIOR GRADE).

12 Section 596(a) of title 10, United States Code, is

13 amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(a) IN GEN15 ERAL.—’’; and

16 (2) by striking out ‘‘an accredited educational

17 institution’’ and inserting in lieu thereof ‘‘an edu18 cational institution described in paragraph (2)’’; and

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

20 paragraph:

21 ‘‘(2) An educational institution referred to in para22 graph (1) is—

23 ‘‘(A) an accredited educational institution; or

24 ‘‘(B) an unaccredited educational institution if

25 at least three accredited educational institutions gen-
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1 erally grant baccalaureate degree credit for comple2 tion of courses of the unaccredited institution equiv3 alent to the baccalaureate degree credit granted by

4 the unaccredited institution for the completion of

5 such courses.’’.

6 SEC. 505. LIMITED EXCEPTION FROM BACCALAUREATE DE7 GREE REQUIREMENT FOR ALASKA SCOUT OF8 FICERS.

9 Section 596 of title 10, United States Code, is

10 amended—

11 (1) by adding at the end of subsection (b) the

12 following new paragraph:

13 ‘‘(5) The appointment of an Alaska Native re14 ferred to in subsection (c) to, or recognition of such

15 a person in, a higher grade (not above major) of the

16 Alaska Army National Guard while such person is

17 serving in a Scout unit or a Scout supporting unit.’’;

18 and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(c) PERSONS COVERED BY ALASKA SCOUT EXCEP22 TION.—(1) Subsection (b)(5) applies to an Alaska Native

23 who resides permanently at a location in Alaska that is

24 more than 50 miles from the cities of Anchorage, Fair25 banks, and Juneau, Alaska.
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1 ‘‘(2) In paragraph (1), the term ‘Alaska Native’ has

2 the meaning given the term ‘Native’ in section 3(b) of the

3 Alaska Native Claims Settlement Act (43 U.S.C.

4 1602(b)).’’.

5 Subtitle B—Reserve Component

6 Matters

7 SEC. 511. REVIEW OF OPPORTUNITIES FOR ORDERING IN8 DIVIDUAL RESERVES TO ACTIVE DUTY WITH

9 CONSENT.

10 (a) REVIEW REQUIRED.—The Secretary of Defense

11 shall—

12 (1) review the opportunities for individual mem13 bers of the reserve components of the Armed Forces

14 to be ordered to active duty, with the consent of the

15 members concerned, during peacetime in positions

16 traditionally filled by active duty personnel; and

17 (2) identify and remove any impediments, in

18 regulations or other administrative rules, to increas19 ing such opportunities.

20 (b) REPORT.—Not later than 90 days after the date

21 of the enactment of this Act, the Secretary shall submit

22 to the Committees on Armed Services of the Senate and

23 the House of Representatives a report on the results of

24 the review. The report shall contain—
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1 (1) a plan for increasing the opportunities for

2 individual members of the reserve components of the

3 Armed Forces to be ordered to active duty, with the

4 consent of the members concerned, during peacetime

5 in positions traditionally filled by active duty person6 nel; and

7 (2) any additional legislation that the Secretary

8 considers necessary in order to increase such oppor9 tunities.

10 SEC. 512. INCREASED PERIOD OF ACTIVE DUTY SERVICE

11 FOR SELECTED RESERVE FORCES MOBI12 LIZED OTHER THAN DURING WAR OR NA13 TIONAL EMERGENCY.

14 (a) REVISION TO PERIOD OF EXTENSION OF ACTIVE

15 DUTY.—Section 673b of title 10, United States Code, is

16 amended—

17 (1) in subsection (a), by striking out ‘‘90 days.’’

18 and inserting in lieu thereof ‘‘180 days.’’; and

19 (2) by striking out subsection (i).

20 (b) REPORT REQUIRED.—(1) Not later than April 1,

21 1995, the Secretary of Defense shall submit to the con22 gressional defense committees a report on increasing the

23 authority of the President to order units and members of

24 the reserve components to active duty without the consent

25 of the members concerned.
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1 (2) The report shall include the following:

2 (A) An analysis of options for increased presi3 dential authority.

4 (B) An assessment of the effects of each option

5 on recruiting, retention, employer support for the re6 serve components, and the families of members of

7 the reserve components.

8 (C) Programs that the Secretary recommends

9 to mitigate any negative effects.

10 (D) Any option that the Secretary recommends.

11 (E) Any proposed legislation that the Secretary

12 considers necessary to implement any recommended

13 option.

14 SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING

15 TO TRANSFER OF REGULAR ENLISTED MEM16 BERS TO RESERVE COMPONENTS.

17 (a) ARMY.—Section 3914 of title 10, United States

18 Code, is amended by striking out the second and third

19 sentences.

20 (b) AIR FORCE.—Section 8914 of such title, is

21 amended by striking out the second and third sentences.
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1 Subtitle C—Other Matters

2 SEC. 521. REVIEW OF CERTAIN DISMISSALS FROM THE

3 UNITED STATES MILITARY ACADEMY.

4 (a) REVIEW REQUIRED.—The Secretary of the Army

5 shall promptly carry out a thorough review of the dismis6 sals from the Corps of Cadets of the United States Mili7 tary Academy of James Webster Smith in 1874 and John8 son Chesnut Whittaker in 1882.

9 (b) PURPOSES OF REVIEW.—The purpose of each re10 view shall be to determine the validity of the original pro11 ceedings and the extent, if any, to which racial prejudice

12 or other improper factors now known may have tainted

13 the original proceedings.

14 (c) CORRECTION OF RECORDS.—If the Secretary de15 termines that the dismissal of James Webster Smith or

16 Johnson Chesnut Whittaker was in error or an injustice,

17 the Secretary may correct that person’s military records

18 (including the records of proceedings in such case).

19 (d) POSTHUMOUS COMMISSION.—Upon recommenda20 tion of the Secretary in the case of James Webster Smith

21 or Johnson Chesnut Whittaker, the President may issue

22 in the name of James Webster Smith or Johnson Chesnut

23 Whittaker, as the case may be, a posthumous commission

24 as an officer in the regular Army in the grade of second

25 lieutenant. Sections 1521(b) and 1523 of title 10, United
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1 States Code, shall apply with respect to a commission so

2 issued.

3 TITLE VI—COMPENSATION AND

4 OTHER PERSONNEL BENEFITS

5 Subtitle A—Pay and Allowances

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

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

8 adjustment required by section 1009 of title 37, United

9 States Code, in elements of compensation of members of

10 the uniformed services to become effective during fiscal

11 year 1995 shall not be made.

12 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Ef13 fective on January 1, 1995, the rates of basic pay, basic

14 allowance for subsistence, and basic allowance for quarters

15 of members of the uniformed services are increased by 2.6

16 percent.

17 Subtitle B—Bonuses and Special

18 and Incentive Pays

19 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

20 FORCES.

21 (a) SELECTED RESERVE REENLISTMENT BONUS.—

22 Section 308b(f) of title 37, United States Code, is amend23 ed by striking out ‘‘September 30, 1995’’ and inserting

24 in lieu thereof ‘‘September 30, 1996’’.
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1 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec2 tion 308c(e) of title 37, United States Code, is amended

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

4 lieu thereof ‘‘September 30, 1996’’.

5 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec6 tion 308e(e) of title 37, United States Code, is amended

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

8 lieu thereof ‘‘September 30, 1996’’.

9 (d) READY RESERVE ENLISTMENT AND REENLIST10 MENT BONUS.—Section 308h(g) of title 37, United States

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

12 and inserting in lieu thereof ‘‘September 30, 1996’’.

13 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

14 308i(i) of title 37, United States Code, is amended by

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

16 thereof ‘‘September 30, 1996’’.

17 SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BO18 NUSES AND SPECIAL PAY FOR NURSE OFFI19 CER CANDIDATES, REGISTERED NURSES,

20 AND NURSE ANESTHETISTS.

21 (a) NURSE OFFICER CANDIDATE ACCESSION PRO22 GRAM.—Section 2130a(a)(1) of title 10, United States

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

24 and inserting in lieu thereof ‘‘September 30, 1998,’’.
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1 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

2 Section 302d(a)(1) of title 37, United States Code, is

3 amended by striking out ‘‘September 30, 1995,’’ and in4 serting in lieu thereof ‘‘September 30, 1998,’’.

5 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES6 THETISTS.—Section 302e(a)(1) of title 37, United States

7 Code, is amended—

8 (1) by striking out ‘‘September 30, 1995,’’ and

9 inserting in lieu thereof ‘‘September 30, 1998,’’; and

10 (2) by striking out ‘‘$6,000’’ and inserting in

11 lieu thereof ‘‘$15,000’’.

12 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY13 MENT OF OTHER BONUSES AND SPECIAL

14 PAYS.

15 (a) AVIATION OFFICER RETENTION BONUS.—Sec16 tion 301b(a) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1994’’ and inserting in

18 lieu thereof ‘‘September 30, 1995’’.

19 (b) REENLISTMENT BONUS FOR ACTIVE MEM20 BERS.—Section 308(g) of title 37, United States Code, is

21 amended by striking out ‘‘September 30, 1995’’ and in22 serting in lieu thereof ‘‘September 30, 1996’’.

23 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

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

25 Code, are each amended by striking out ‘‘September 30,
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1 1995’’ and inserting in lieu thereof ‘‘September 30,

2 1996’’.

3 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

4 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI5 ORITY UNITS.—Section 308d(c) of title 37, United States

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

7 and inserting in lieu thereof ‘‘September 30, 1996’’.

8 (e) REPAYMENT OF EDUCATION LOANS FOR CER9 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE10 LECTED RESERVE.—Section 2172(d) of title 10, United

11 States Code, is amended by striking out ‘‘October 1,

12 1995’’ and inserting in lieu thereof ‘‘October 1, 1996’’.

13 (f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

14 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

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

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

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

18 thereof ‘‘September 30, 1996’’.

19 (g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI20 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

21 312(e) of title 37, United States Code, is amended by

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

23 thereof ‘‘September 30, 1996’’.

24 (h) NUCLEAR CAREER ACCESSION BONUS.—Section

25 312b(c) of title 37, United States Code, is amended by
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1 striking out ‘‘September 30, 1995,’’ and inserting in lieu

2 thereof ‘‘September 30, 1996,’’.

3 (i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

4 Section 312c(d) of title 37, United States Code, is amend5 ed by striking out ‘‘October 1, 1995’’ and inserting in lieu

6 thereof ‘‘October 1, 1996’’.

7 Subtitle C—Travel and

8 Transportation Allowances

9 SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANS10 PORTATION MILEAGE TABLES.

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

12 is amended by striking out ‘‘the Secretary of the Army’’

13 and inserting in lieu thereof ‘‘the Secretary of Defense’’.

14 Subtitle D—Retired Pay and

15 Survivor Benefits

16 SEC. 631. CLARIFICATION OF CALCULATION OF RETIRED

17 PAY FOR OFFICERS WHO RETIRE IN A GRADE

18 LOWER THAN THE GRADE HELD AT RETIRE19 MENT.

20 (a) PREVENTION OF RETIRED PAY BASED ON

21 GRADE HIGHER THAN RETIRED GRADE.—Section

22 1401a(f) of title 10, United States Code, is amended—

23 (1) in the first sentence, by inserting ‘‘based on

24 the grade in which the member is retired’’ after ‘‘at

25 an earlier date’’;
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1 (2) in the second sentence, by inserting ‘‘, ex2 cept that such computation may not be based on a

3 rate of basic pay for a grade higher than the grade

4 in which the member is retired’’ before the period at

5 the end; and

6 (3) by striking out the third sentence.

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

8 subsection (a) shall apply with respect to the computation

9 of the retired pay of a member of the armed forces who

10 retires on or after the date of the enactment of this Act.

11 SEC. 632. CREDITING OF RESERVE SERVICE OF ENLISTED

12 MEMBERS FOR COMPUTATION OF RETIRED

13 PAY.

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

15 States Code, is amended—

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

17 computing his retired pay under section 3991 of this

18 title,’’; and

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

20 (2) Section 3991 of such title is amended—

21 (A) in subsection (a)—

22 (i) by striking out paragraph (1) and in23 serting in lieu thereof the following:

24 ‘‘(1) FORMULA.—The monthly retired pay of a

25 member entitled to such pay under this subtitle by
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1 reason of retirement under a provision of law re2 ferred to in paragraph (3) is computed by multiply3 ing the retired pay base (as computed under section

4 1406(c) or 1407 of this title) by the retired pay mul5 tiplier prescribed in section 1409 of this title for the

6 number of years credited to the member under sec7 tion 1405 of this title.’’; and

8 (ii) by adding at the end the following new

9 paragraph:

10 ‘‘(3) APPLICABILITY.—Paragraph (1) applies to

11 a member retired under the authority of section

12 3911, 3914, 3917, 3918, 3920, or 3924 of this

13 title.’’; and

14 (B) in subsection (b), by striking out paragraph

15 (3).

16 (3) The text of section 3992 of such title is amended

17 to read as follows:

18 ‘‘(a) RECOMPUTATION REQUIRED.—An enlisted

19 member or warrant officer of the Army who is advanced

20 on the retired list under section 3964 of this title is enti21 tled to recompute the member’s or officer’s retired pay in

22 accordance with this section.

23 ‘‘(b) FORMULA.—To recompute an enlisted member’s

24 retired pay or a warrant officer’s retired pay, multiply the

25 retired pay base (as computed under section 1406(c) or
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1 1407 of this title) by the retired pay multiplier prescribed

2 in section 1409 of this title for the number of years cred3 ited to the member or officer under section 1405 of this

4 title.

5 ‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The

6 amount computed under subsection (b), if not a multiple

7 of $1, shall be rounded to the next lower multiple of $1.’’.

8 (b) NAVY AND MARINE CORPS.—The table in section

9 6333(a) of title 10, United States Code, is amended by

10 striking out ‘‘his years of active service in the armed

11 forces’’ in formula C under the column designated ‘‘Col12 umn 2’’ and inserting in lieu thereof ‘‘the years of service

13 credited to him under section 1405’’.

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

15 States Code, is amended—

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

17 computing his retired pay under section 8991 of this

18 title,’’; and

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

20 (2) Section 8991 of such title is amended—

21 (A) in subsection (a)—

22 (i) by striking out paragraph (1) and in23 serting in lieu thereof the following:

24 ‘‘(1) FORMULA.—The monthly retired pay of a

25 member entitled to such pay under this subtitle by
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1 reason of retirement under a provision of law re2 ferred to in paragraph (3) is computed by multiply3 ing the retired pay base (as computed under section

4 1406(e) or 1407 of this title) by the retired pay mul5 tiplier prescribed in section 1409 of this title for the

6 number of years credited to the member under sec7 tion 1405 of this title.’’; and

8 (ii) by adding at the end the following new

9 paragraph:

10 ‘‘(3) APPLICABILITY.—Paragraph (1) applies to

11 a member retired under the authority of section

12 8911, 8914, 8917, 8918, 8920, or 8924 of this

13 title.’’; and

14 (B) in subsection (b), by striking out paragraph

15 (3).

16 (3) The text of section 8992 of such title is amended

17 to read as follows:

18 ‘‘(a) RECOMPUTATION REQUIRED.—An enlisted

19 member or warrant officer of the Air Force who is ad20 vanced on the retired list under section 8964 of this title

21 is entitled to recompute the member’s or officer’s retired

22 pay in accordance with this section.

23 ‘‘(b) FORMULA.—To recompute an enlisted member’s

24 retired pay or a warrant officer’s retired pay, multiply the

25 retired pay base (as computed under section 1406(e) or
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1 1407 of this title) by the retired pay multiplier prescribed

2 in section 1409 of this title for the number of years cred3 ited to the member or officer under section 1405 of this

4 title.

5 ‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The

6 amount computed under subsection (b), if not a multiple

7 of $1, shall be rounded to the next lower multiple of $1.’’.

8 (d) CONFORMING AMENDMENT.—Section 1405 of

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

10 new subsection:

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

12 UP.—Time required to be made up by an enlisted member

13 of the Army or Air Force under section 972 of this title

14 may not be counted in determining years of service under

15 subsection (a).’’.

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

17 the computation of the retired or retainer pay of any en18 listed member who retires or is transferred to the Fleet

19 Reserve or the Fleet Marine Corps Reserve on or after

20 the date of the enactment of this Act.

21 SEC. 633. FORFEITURE OF ANNUITY OR RETIRED PAY OF

22 MEMBERS CONVICTED OF ESPIONAGE.

23 (a) FORFEITURE.—Section 8312(b)(2)(A) of title 5,

24 United States Code, is amended—
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1 (1) by striking out ‘‘or article 106 (spies)’’ and

2 inserting in lieu thereof ‘‘, article 106 (spies), or ar3 ticle 106a (espionage)’’; and

4 (2) by striking out ‘‘or article 106’’ and insert5 ing in lieu thereof ‘‘, article 106, or article 106a’’.

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

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply to persons convicted of

9 espionage under section 906a of title 10, United States

10 Code (article 106a of the Uniform Code of Military Jus11 tice), on or after the date of the enactment of this Act.

12 Subtitle E—Defense Conversion,

13 Reinvestment, and Transition

14 Assistance Matters

15 SEC. 641. ELIGIBILITY OF MEMBERS RETIRED UNDER TEM16 PORARY SPECIAL RETIREMENT AUTHORITY

17 FOR SERVICEMEN’S GROUP LIFE INSURANCE.

18 (a) ELIGIBILITY.—Section 1965(5) of title 38, Unit19 ed States Code, is amended—

20 (1) by striking out ‘‘and’’ at the end of sub21 paragraph (C);

22 (2) by redesignating subparagraph (D) as sub23 paragraph (E); and

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph (D):
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1 ‘‘(D) a person transferred to the Retired

2 Reserve of a uniformed service under the tem3 porary special retirement authority provided in

4 section 1331a of title 10 who has not received

5 the first increment of retirement pay or has not

6 reached sixty-one years of age; and’’.

7 (b) INSURANCE COVERAGE.—Section 1967(a) of such

8 title is amended—

9 (1) by striking out ‘‘and’’ at the end of para10 graph (2);

11 (2) by adding ‘‘and’’ at the end of paragraph

12 (3);

13 (3) by inserting after paragraph (3) the follow14 ing:

15 ‘‘(4) any member assigned to the Retired Re16 serve of a uniform service who meets the qualifica17 tions set forth in section 1965(5)(D) of this title;’’;

18 and

19 (4) in the second sentence, by inserting after

20 ‘‘section 1965(5)(C) of this title,’’ the following: ‘‘or

21 the first day a member of the Reserves meets the

22 qualifications of section 1965(5)(D) of this title,’’.

23 (c) DURATION OF COVERAGE.—Section 1968(a) of

24 such title is amended—
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1 (1) in the matter above paragraph (1), by strik2 ing out ‘‘section 1965(5)(B) or (C)’’ and inserting in

3 lieu thereof ‘‘subparagraphs (B), (C), or (D) of sec4 tion 1965(5)’’;

5 (2) in paragraph (4)—

6 (A) by striking out ‘‘or’’ at the end of sub7 paragraph (A);

8 (B) by striking out the period at the end

9 of subparagraph (B) and inserting in lieu there10 of ‘‘; or’’; and

11 (C) by adding at the end the following new

12 subparagraph:

13 ‘‘(C) unless on the date of such separation

14 or release the member is transferred to the Re15 tired Reserve of a uniformed service under the

16 temporary special retirement authority provided

17 in section 1331a of title 10, in which event the

18 insurance, unless converted to an individual pol19 icy under terms and conditions set forth in sec20 tion 1977(e) of this title, shall, upon timely

21 payment of premiums under terms prescribed

22 by the Secretary directly to the administrative

23 office established under section 1966(b) of this

24 title, continue in force until receipt of the first

25 increment of retirement pay by the member or
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1 the member’s sixty-first birthday, whichever oc2 curs earlier.’’; and

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

4 ‘‘(6) with respect to a member of the Retired

5 Reserve who meets the qualifications of section

6 1965(5)(D) of this title, at such time as the member

7 receives the first increment of retirement pay, or the

8 member’s sixty-first birthday, whichever occurs ear9 lier, subject to the timely payment of the initial and

10 subsequent premiums, under terms prescribed by the

11 Secretary, directly to the administrative office estab12 lished under section 1966(b) of this title.’’.

13 (d) DEDUCTIONS.—Section 1969 of such title is

14 amended—

15 (1) in subsection (a)(2)—

16 (A) by striking out ‘‘or is assigned’’ and

17 inserting in lieu thereof ‘‘is assigned’’; and

18 (B) by inserting after ‘‘section 1965(5)(C)

19 of this title,’’ the following: ‘‘or is assigned to

20 the Retired Reserve and meets the qualifica21 tions of section 1965(5)(D) of this title,’’; and

22 (2) in subsection (e), by striking out ‘‘section

23 1965(5)(C)’’ in the first sentence and inserting in

24 lieu thereof ‘‘subparagraph (C) or (D) of section

25 1965(5)‘‘.
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1 SEC. 642. ANNUAL PAYMENTS FOR MEMBERS RETIRED

2 UNDER GUARD AND RESERVE TRANSITION

3 INITIATIVE.

4 (a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS.—

5 Subsection (d) of section 4416 of the Defense Conversion,

6 Reinvestment, and Transition Assistance Act of 1992 (di7 vision D of Public Law 102–484; 10 U.S.C. 1162 note)

8 is amended—

9 (1) by striking out ‘‘for 5 years’’ and inserting

10 in lieu thereof ‘‘for a period of years prescribed by

11 the Secretary concerned’’;

12 (2) by striking out ‘‘5-year’’; and

13 (3) by adding at the end the following: ‘‘A pe14 riod prescribed for purposes of this subsection may

15 not be less than one year nor more than five years.’’.

16 (b) COMPUTATION OF ANNUAL PAYMENT.—Sub17 section (e) of such section is amended by adding at the

18 end the following:

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

20 of age within one year after the date on which an annual

21 payment would otherwise be made to the member under

22 this section, the amount of the payment made on that date

23 shall be computed under this paragraph instead of para24 graph (1). The amount of such payment shall be equal

to 1 25 ⁄12 of the product of—
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1 ‘‘(A) the amount computed for the member

2 under paragraph (1); and

‘‘(B) the number equal to 1 3 ⁄30 of the total num4 ber of days in the period beginning on such date and

5 ending on the day before the date of the member’s

6 60th birthday.’’.

7 (c) COORDINATION WITH RETIRED PAY.—Such sec8 tion is further amended by adding at the end the following:

9 ‘‘(i) COORDINATION WITH RETIRED PAY.—Fifty per10 cent of the monthly amount of retired pay payable under

11 chapter 67 of this title to a member who receives one or

12 more annual payments under this section shall be de13 ducted and withheld from such monthly amount of retired

14 pay. The deductions shall be terminated when the total

15 amount so deducted and withheld equals the total amount

16 paid to the member under this section. The amount de17 ducted and withheld from the last monthly payment of re18 tired pay before termination of deductions may be less

19 than 50 percent of the monthly amount.’’.

20 SEC. 643. INCREASED ELIGIBILITY AND APPLICATION PERI21 ODS FOR TROOPS-TO-TEACHERS PROGRAM.

22 (a) PERIOD OF ELIGIBILITY.—Subsection (c) of sec23 tion 1151 of title 10, United States Code, is amended—

24 (1) in paragraph (1)(A), by striking out ‘‘seven25 year period beginning on October 1, 1992,’’ and in-
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1 serting in lieu thereof ‘‘nine-year period beginning

2 on October 1, 1990,’’; and

3 (2) by striking out paragraph (4).

4 (b) APPLICATION PERIOD.—Subsection (e)(1) of

5 such section is amended by striking out ‘‘submitted’’ in

6 the first sentence and all that follows through the end of

7 the second sentence and inserting in lieu thereof ‘‘timely

8 submitted to the Secretary of Defense. An application is

9 timely submitted if the application is submitted not later

10 than the latest date applicable to the applicant under this

11 paragraph. An application shall be submitted not later

12 than one year after the date of the discharge or release

13 of the applicant from active duty. In the case of an appli14 cant discharged or released from active duty before Janu15 ary 19, 1994, an application shall be submitted not later

16 than one year after the date of the enactment of the Na17 tional Defense Authorization Act for Fiscal Year 1995.

18 In the case of an applicant becoming educationally quali19 fied for teacher placement assistance in accordance with

20 subsection (c)(2), an application shall be submitted not

21 later than one year after the date on which the applicant

22 becomes educationally qualified.’’.
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1 SEC. 644. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN

2 EMPLOYMENT WITH LAW ENFORCEMENT

3 AGENCIES.

4 (a) REVISED PROGRAM AUTHORITY.—Section 1152

5 of title 10, United States Code, is amended to read as

6 follows:

7 ‘‘§ 1152. Assistance to eligible members and former

8 members to obtain employment with law

9 enforcement agencies

10 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De11 fense may enter into an agreement with the Attorney Gen12 eral to establish or participate in a program to assist eligi13 ble members and former members of the armed forces to

14 obtain employment as law enforcement officers with State

15 law enforcement agencies, local law enforcement agencies,

16 or Indian tribes that perform law enforcement functions

17 (as determined by the Secretary of the Interior) following

18 the discharge or release of such members or former mem19 bers from active duty.

20 ‘‘(b) ELIGIBLE MEMBERS.—Any member or former

21 member who, during the 6-year period beginning on Octo22 ber 1, 1993, is separated from the armed forces with an

23 honorable discharge or is released from service on active

24 duty characterized as honorable by the Secretary con25 cerned shall be eligible to participate in a program covered

26 by an agreement referred to in subsection (a).
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1 ‘‘(c) SELECTION.—In the selection of applicants for

2 participation in a program covered by an agreement re3 ferred to in subsection (a), preference shall be given to

4 a member or former member who—

5 ‘‘(1) is selected for involuntary separation, is

6 approved for separation under section 1174a or

7 1175 of this title, or retires pursuant to the author8 ity provided in section 4403 of Public Law 102–484

9 (10 U.S.C. 1293 note); and

10 ‘‘(2) has a military occupational specialty,

11 training, or experience related to law enforcement

12 (such as service as a member of the military police)

13 or satisfies such other criteria for selection as, in ac14 cordance with the agreement, the Secretary, the At15 torney General, or a participating State or local law

16 enforcement agency or participating Indian tribe

17 may prescribe.

18 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1)

19 The Secretary may provide funds to the Attorney General

20 for grants under this section to reimburse State law en21 forcement agencies, local law enforcement agencies, or In22 dian tribes that perform law enforcement functions (as

23 determined by the Secretary of the Interior) for costs, in24 cluding salary and fringe benefits, of employing members
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1 or former members pursuant to a program referred to in

2 subsection (a).

3 ‘‘(2) No grant with respect to an eligible member or

4 former member may exceed a total of $50,000.

5 ‘‘(3) Any grant with respect to an eligible member

6 or former member shall be disbursed within 5 years after

7 the date of the placement of a member or former member

8 with a participating law enforcement agency or Indian

9 tribe.

10 ‘‘(4) Preference in awarding grants through existing

11 law enforcement hiring programs shall be given to State

12 or local law enforcement agencies or Indian tribes that

13 agree to hire eligible members and former members.

14 ‘‘(e) ADMINISTRATIVE EXPENSES.—Ten percent of

15 the amount, if any, appropriated for a fiscal year to carry

16 out a program established pursuant to subsection (a) may

17 be used to administer the program.

18 ‘‘(f) REQUIREMENT FOR APPROPRIATION.—No mem19 ber or former member may be selected to participate in

20 the program established by this section unless a sufficient

21 amount of appropriated funds are available at the time

22 of the selection to satisfy the obligations to be incurred

23 by the United States under an agreement referred to in

24 subsection (a) that applies with respect to such member

25 or former member.’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to

2 such section in the table of sections at the beginning of

3 chapter 58 of title 10, United States Code, is amended

4 to read as follows:

‘‘1152. Assistance to eligible members and former members to obtain employment with law enforcement agencies.’’.

5 SEC. 645. TREATMENT OF RETIRED AND RETAINER PAY OF

6 MEMBERS OF CADRE OF CIVILIAN COMMU7 NITY CORPS.

8 Section 159(c)(3) of the National and Community

9 Service Act of 1990 (42 U.S.C. 12619(c)(3)) is amended

10 by adding at the end the following: ‘‘In the case of a mem11 ber of the permanent cadre who was recommended for ap12 pointment in accordance with section 162(a)(2)(A) and is

13 entitled to retired or retainer pay, section 5532 of title

14 5, United States Code, shall not apply to reduce the mem15 ber’s retired or retainer pay by reason of the member

16 being paid as a member of the cadre.’’.

17 Subtitle F—Other Matters

18 SEC. 651. DISABILITY COVERAGE FOR OFFICER CAN19 DIDATES GRANTED EXCESS LEAVE.

20 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201

21 of title 10, United States Code, is amended—

22 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

23 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter24 mination’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) MEMBERS ON EXCESS LEAVE.—(1) Upon a de4 termination by the Secretary concerned that a member re5 ferred to in paragraph (2) is unfit to perform the duties

6 of the member’s office, grade, rank, or rating because of

7 a physical disability incurred during a period described in

8 such paragraph, the Secretary may retire the member,

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

10 if the Secretary also makes the determinations described

11 in paragraphs (1), (2), and (3) of subsection (a) with re12 gard to such member.

13 ‘‘(2) Paragraph (1) applies to a member of the armed

14 forces who, during a period of authorized absence—

15 ‘‘(A) is participating in a program leading to

16 appointment, designation, or assignment in the

17 armed forces in an officer category; and

18 ‘‘(B) is not entitled to basic pay by reason of

19 the application of section 502(b) of title 37 to such

20 absence.’’.

21 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY

22 DISABILITY RETIRED LIST.—Section 1202 of such title

23 is amended—

24 (1) by striking out ‘‘or any other members’’ and

25 inserting in lieu thereof ‘‘any other members’’; and
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1 (2) by inserting after ‘‘more than 30 days,’’ the

2 following: ‘‘or any member referred to in section

3 1201(b)(2) of this title’’.

4 (c) ELIGIBILITY FOR SEPARATION.—Section 1203 of

5 such title is amended—

6 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

7 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter8 mination’’;

9 (2) by striking out the second sentence (relating

10 to transfer to inactive status); and

11 (3) by adding at the end the following new sub12 sections:

13 ‘‘(b) MEMBERS ON EXCESS LEAVE.—Upon a deter14 mination by the Secretary concerned that a member re15 ferred to in paragraph (2) of section 1201(b) of this title

16 is unfit to perform the duties of the member’s office,

17 grade, rank, or rating because of a physical disability in18 curred during a period described in such paragraph, the

19 Secretary may separate the member, with severance pay

20 computed under section 1212 of this title, if the Secretary

21 also makes the determinations described in paragraphs

22 (1), (2), (3), and (4) of subsection (a) with regard to such

23 member.

24 ‘‘(c) TRANSFER TO INACTIVE STATUS LIST.—If a

25 member authorized to be separated under subsection (a)
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1 or (b) is eligible for transfer to the inactive status list

2 under section 1209 of this title, and so elects, the member

3 shall be transferred to that list instead of being sepa4 rated.’’.

5 (d) CONFORMING AMENDMENTS.—(1) Chapter 61 of

6 title 10, United States Code, is amended—

7 (A) by striking out the heading of section 1201

8 and inserting in lieu thereof the following:

9 ‘‘§ 1201. Regulars, members on active duty for more

10 than 30 days, certain members on excess

11 leave: retirement’’;

12 (B) by striking out the heading of section 1202

13 and inserting in lieu thereof the following:

14 ‘‘§ 1202. Regulars, members on active duty for more

15 than 30 days, certain members on excess

16 leave: temporary disability retired list’’;

17 and

18 (C) by striking out the heading of section 1203

19 and inserting in lieu thereof the following:

20 ‘‘§ 1203. Regulars, members on active duty for more

21 than 30 days, certain members on excess

22 leave: separation’’.

23 (2) The table of sections at the beginning of such

24 chapter is amended by striking out the items relating to
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1 sections 1201, 1202, and 1203 and inserting in lieu there2 of the following:

‘‘1201. Regulars, members on active duty for more than 30 days, certain members on excess leave: retirement

‘‘1202. Regulars, members on active duty for more than 30 days, certain members on excess leave: temporary disability retired list.

‘‘1203. Regulars, members on active duty for more than 30 days, certain members on excess leave: separation.’’.

3 (e) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on the date of the enactment

5 of this Act and apply with respect to physical disabilities

6 incurred on or after such date.

7 SEC. 652. USE OF MORALE, WELFARE, AND RECREATION

8 FACILITIES BY MEMBERS OF RESERVE COM9 PONENTS AND DEPENDENTS.

10 Section 1065 of title 10, United States Code, is

11 amended to read as follows:

12 ‘‘§ 1065. Use of certain morale, welfare, and recre13 ation facilities by members of reserve

14 components and dependents

15 ‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem16 bers of the Selected Reserve in good standing (as deter17 mined by the Secretary concerned) shall be permitted to

18 use MWR retail facilities on the same basis as members

19 on active duty.

20 ‘‘(b) RETIREES UNDER AGE 60.—Members of the re21 serve components who would be eligible for retired pay

22 under chapter 67 of this title but for the fact that the
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1 member is under 60 years of age shall be permitted to

2 use MWR retail facilities on the same basis as retired

3 members and retired former members of the Regular

4 Army, Regular Navy, Regular Air Force, and Regular Ma5 rine Corps.

6 ‘‘(c) MEMBERS OF READY RESERVE NOT IN SE7 LECTED RESERVE.—Subject to such regulations as the

8 Secretary of Defense may prescribe, members of the

9 Ready Reserve (other than members of the Selected Re10 serve) may be permitted to use MWR retail facilities on

11 the same basis as members serving on active duty.

12 ‘‘(d) DEPENDENTS.—(1) Dependents of members re13 ferred to in subsection (a) shall be permitted to use MWR

14 retail facilities on the same basis as dependents of mem15 bers on active duty.

16 ‘‘(2) Dependents of members referred to in sub17 section (b) shall be permitted to use MWR retail facilities

18 on the same basis as dependents of retired members and

19 retired former members of the Regular Army, Regular

20 Navy, Regular Air Force, and Regular Marine Corps.

21 ‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec22 tion, the term ‘MWR retail facilities’ means exchange

23 stores and other revenue generating facilities operated by

24 nonappropriated fund activities of the Department of De-
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1 fense for the morale, welfare, and recreation of members

2 of the armed forces.’’.

3 SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR

4 DEPARTMENT OF DEFENSE PERSONNEL OUT5 SIDE THE UNITED STATES.

6 (a) IN GENERAL.—Chapter 53 of Title 10, United

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

9 ‘‘§ 1060a. Special supplemental food program

10 ‘‘(a) AUTHORITY.—The Secretary of Defense may

11 carry out a program to provide special supplemental food

12 benefits to members of the armed forces on duty at sta13 tions outside the United States (and its territories and

14 possessions) and to eligible civilians serving with, em15 ployed by, or accompanying the armed forces outside the

16 United States (and its territories and possessions).

17 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

18 the purpose of obtaining Federal payments and commod19 ities in order to carry out the program referred to in sub20 section (a), the Secretary of Agriculture shall make avail21 able to the Secretary of Defense from funds appropriated

22 for such purpose, the same payments and commodities as

23 are made for the special supplemental food program in

24 the United States under section 17 of the Child Nutrition

25 Act of 1966 (42 U.S.C. 1786).
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1 ‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec2 retary of Defense shall administer the program referred

3 to in subsection (a) and, except as provided in subpara4 graph (B), shall determine eligibility for program benefits

5 under the criterion published by the Secretary of Agri6 culture under section 17 of the Child Nutrition Act of

7 1966 (42 U.S.C. 1786).

8 ‘‘(B) The Secretary of Defense shall prescribe regula9 tions governing computation of income eligibility stand10 ards for families of individuals participating in the pro11 gram under this section.

12 ‘‘(2) The program benefits provided under the pro13 gram shall be similar to benefits provided by State and

14 local agencies in the United States.

15 ‘‘(d) DEPARTURE FROM STANDARDS.—The Sec16 retary of Defense may authorize departures from stand17 ards prescribed by the Secretary of Agriculture regarding

18 the supplemental foods to be made available in the pro19 gram when local conditions preclude strict compliance or

20 when such compliance is highly impracticable.

21 ‘‘(e) REGULATIONS.—The Secretary of Defense shall

22 prescribe regulations to administer the program author23 ized by this section.

24 ‘‘(f) DEFINITIONS.—In this section:

25 ‘‘(1) The term ‘eligible civilian’ means—
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1 ‘‘(A) a dependent of a member of the

2 armed forces residing with the member outside

3 the United States;

4 ‘‘(B) an employee of a military department

5 who is a national of the United States and is

6 residing outside the United States in connection

7 with such individual’s employment or a depend8 ent of such individual residing with the em9 ployee outside the United States; or

10 ‘‘(C) an employee of a Department of De11 fense contractor who is a national of the United

12 States and is residing outside the United States

13 in connection with such individual’s employment

14 or a dependent of such individual residing with

15 the employee outside the United States.

16 ‘‘(2) The term ‘national of the United States’

17 means—

18 ‘‘(A) a citizen of the United States; or

19 ‘‘(B) a person who, though not a citizen of

20 the United States, owes permanent allegiance to

21 the United States (as defined in section

22 101(a)(22) of the Immigration and Nationality

23 Act (8 U.S.C. 1101(a)(22))).
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1 ‘‘(3) The term ‘dependent’ has the meaning

2 given such term in subparagraph (A), (D), (E), and

3 (I) of section 1072(2) of this title.’’.

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

5 at the beginning of chapter 53 of title 10, United States

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

7 item:

‘‘1060a. Special supplemental food program.’’.

8 SEC. 654. REIMBURSEMENT FOR CERTAIN LOSSES OF

9 HOUSEHOLD EFFECTS CAUSED BY HOSTILE

10 ACTION.

11 (a) AUTHORITY TO REIMBURSE.—Chapter 163 of

12 title 10, United States Code, is amended by adding at the

13 end the following new section:

14 ‘‘§ 2738. Reimbursement for certain losses of house15 hold effects caused by hostile action

16 ‘‘(a) AUTHORITY TO REIMBURSE.—The Secretary

17 concerned or, subject to appeal to the Secretary, the Judge

18 Advocate General of an armed force under the Secretary’s

19 jurisdiction, or the Chief Counsel of the Coast Guard, as

20 appropriate, if designated by the Secretary, may reim21 burse a member of the armed forces in an amount not

22 more than $100,000 for a loss described in subsection (b).

23 ‘‘(b) COVERED LOSSES.—This section applies with

24 respect to a loss of household effects sustained during a

25 move made incident to a change of permanent station
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1 when, as determined by the Secretary, the loss was caused

2 by a hostile action incident to war or a warlike action by

3 a military force.

4 ‘‘(c) LIMITATION.—The Secretary may provide reim5 bursement under this section for a loss described in sub6 section (b) only to the extent that the loss is not reim7 bursed under insurance or under the authority of another

8 provision of law.

9 ‘‘(d) APPLICABILITY OF OTHER AUTHORITIES AND

10 REQUIREMENTS.—Subsections (b), (d), (e), (f), and (g)

11 of section 2733 of this title shall apply to a request for

12 a reimbursement under this section as if the request were

13 a claim against the United States.’’.

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

15 at the beginning of such chapter is amended by adding

16 at the end the following:

‘‘2738. Reimbursement for certain losses of household effects caused by hostile

action.’’.

17 (c) EFFECTIVE DATE.—(1) Section 2738 of title 10,

18 United States Code, as added by subsection (a), applies

19 with respect to losses incurred after June 30, 1990.

20 (2) In the case of a loss incurred after June 30, 1990,

21 and before the date of the enactment of this Act, a request

22 for reimbursement shall be filed with the Secretary of the

23 military department concerned not later than two years

24 after such date of enactment.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO IN4 CLUDE YOUNG PEOPLE BEING ADOPTED BY

5 MEMBERS OR FORMER MEMBERS.

6 (a) ELIGIBILITY FOR HEALTH BENEFITS.—Section

7 1072 of title 10, United States Code, is amended—

8 (1) in paragraph (2)(D), by striking out the

9 matter above clause (i) and inserting in lieu thereof

10 the following:

11 ‘‘(D) a child who—’’; and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(6) The term ‘child’, with respect to a member

15 or former member of a uniformed service, means the

16 following:

17 ‘‘(A) An unmarried natural child.

18 ‘‘(B) An unmarried adopted child.

19 ‘‘(C) An unmarried stepchild.

20 ‘‘(D) An unmarried person—

21 ‘‘(i) who is placed in the home of the

22 member or former member by a placement

23 agency (recognized by the Secretary of De24 fense) in anticipation of the legal adoption
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1 of the person by the member or former

2 member; and

3 ‘‘(ii) who otherwise meets the require4 ments specified in paragraph (2)(D).’’.

5 (b) CONFORMING AMENDMENT.—Section

6 401(b)(1)(B) of title 37, United States Code, is amended

7 by striking out ‘‘placement agency for the purpose of

8 adoption’’ and inserting in lieu thereof ‘‘placement agency

9 (recognized by the Secretary of Defense) in anticipation

10 of the legal adoption of the child by the member’’.

11 SEC. 702. AVAILABILITY OF DEPENDENTS’ DENTAL PRO12 GRAM OUTSIDE THE UNITED STATES.

13 Section 1076a of title 10, United States Code, is

14 amended—

15 (1) by redesignating subsection (g) as sub16 section (h); and

17 (2) by inserting after subsection (f) the follow18 ing new subsection (g):

19 ‘‘(g) CARE OUTSIDE THE UNITED STATES.—The

20 Secretary shall exercise the authority provided under sub21 section (a) to establish basic dental benefits plans for pro22 viding dental benefits outside the United States for

23 spouses and children of members of the uniformed services

24 accompanying the members on permanent assignments to

25 duty outside the United States.’’.
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1 SEC. 703. CONDITIONS UNDER WHICH MEDICAL AND DEN2 TAL CARE OF ABUSED DEPENDENTS IS AU3 THORIZED.

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

5 Code, is amended to read as follows:

6 ‘‘(A) a member of a uniformed service is con7 victed by a court-martial or a civil court for an of8 fense involving abuse of a dependent of the member,

9 as determined in accordance with regulations pre10 scribed by the administering Secretary for such uni11 formed service, and—

12 ‘‘(i) in the case of a court-martial convic13 tion, the member receives a dishonorable or

14 bad-conduct discharge or is dismissed or admin15 istratively discharged from a uniformed service

16 as a result of the conviction; or

17 ‘‘(ii) in the case of a civil court conviction,

18 the member is administratively discharged from

19 a uniformed service as a result of the convic20 tion; and’’.

21 SEC. 704. COORDINATION OF BENEFITS WITH MEDICARE.

22 Section 1086(d) of title 10, United States Code, is

23 amended by striking out paragraph (3) and inserting in

24 lieu thereof the following:

25 ‘‘(3)(A) Subject to subparagraph (B), if a person de26 scribed in paragraph (2) receives medical or dental care
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1 for which payment may be made under medicare and a

2 plan contracted for under subsection (a), the amount pay3 able for that care under the plan shall be the amount equal

4 to the excess of the total amount of the charges imposed

5 by the provider or providers of such care over the sum

6 of—

7 ‘‘(i) the amount paid for that care under medi8 care; and

9 ‘‘(ii) the total of all amounts paid or payable by

10 third party payers other than medicare.

11 ‘‘(B) The amount payable for care under a plan pur12 suant to subparagraph (A) may not exceed the total

13 amount that would be paid under the plan if payment for

14 that care were made solely under the plan.

15 ‘‘(C) In this paragraph:

16 ‘‘(i) The term ‘medicare’ means title XVIII of

17 the Social Security Act (42 U.S.C. 1395 et seq.).

18 ‘‘(ii) The term ‘third party payer’ has the

19 meaning given such term in section 1095(h)(1) of

20 this title.’’.

21 SEC. 705. AUTHORITY FOR REIMBURSEMENT OF PROFES22 SIONAL LICENSE FEES UNDER RESOURCE

23 SHARING AGREEMENTS.

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

25 amended by adding at the end the following:
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1 ‘‘(d) REIMBURSEMENT FOR LICENSE FEES.—In any

2 case in which it is necessary for a member of the uni3 formed services to pay a professional license fee imposed

4 by a government in order to provide health care services

5 at a facility of a civilian health care provider pursuant to

6 an agreement entered into under subsection (a), the Sec7 retary of Defense may reimburse the member for up to

8 $500 of the amount of the license fee paid by the

9 member.’’.

10 SEC. 706. CHIROPRACTIC HEALTH CARE DEMONSTRATION

11 PROGRAM.

12 (a) REQUIREMENT FOR PROGRAM.—(1) Not later

13 than 120 days after the date of enactment of this Act,

14 the Secretary of Defense, in consultation with the sec15 retaries of the military departments, shall develop and

16 carry out a demonstration program to evaluate the fea17 sibility and advisability of furnishing chiropractic care

18 through the medical care facilities of the Armed Forces.

19 (2) In carrying out the program, the Secretary of De20 fense shall—

21 (A) subject to paragraph (3), designate not less

22 than 10 major military medical treatment facilities

23 of the Department of Defense to furnish chiropractic

24 care under the program; and
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1 (B) enter into agreements with such number of

2 chiropractors as the Secretary determines sufficient

3 for the purposes of the program to furnish chiro4 practic care at such facilities under the program.

5 (3) The Secretary may not designate under para6 graph (2) any treatment facility that is located on a mili7 tary installation scheduled for closure or realignment

8 under a base closure law.

9 (b) PROGRAM PERIOD.—The Secretary shall carry

10 out the demonstration program in fiscal years 1995

11 through 1997.

12 (c) REPORTING REQUIREMENTS.—(1) Not later than

13 January 30, 1995, the Secretary of Defense shall submit

14 to the Committees on Armed Services of the Senate and

15 the House of Representatives a report on the demonstra16 tion program. The report shall—

17 (A) identify the treatment facilities designated

18 pursuant to subsection (a)(2)(A); and

19 (B) include a discussion of the plan for the con20 duct of the program.

21 (2) Not later than May 1, 1995, the Secretary of De22 fense shall submit to the committees referred to in para23 graph (1) a plan for evaluating the program, including a

24 schedule for conducting progress reviews and for submit25 ting a final report to the committees.
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1 (3) The Secretary shall submit to the committees re2 ferred to in paragraph (1) a final report in accordance

3 with the plan submitted to such committees pursuant to

4 paragraph (2).

5 (d) OVERSIGHT ADVISORY COMMITTEE.—(1)(A) Not

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

7 Act, the Secretary of Defense shall establish an oversight

8 advisory committee to assist and advise the Secretary with

9 regard to the development and conduct of the demonstra10 tion program.

11 (B) The oversight advisory committee shall include

12 the following members:

13 (i) The Comptroller General of the United

14 States, or a designee from within the General Ac15 counting Office.

16 (ii) The Assistant Secretary of Defense for

17 Health Affairs, or a designee.

18 (iii) The Surgeon General of the Army, or a

19 designee.

20 (iv) The Surgeon General of the Navy, or a

21 designee.

22 (v) The Surgeon General of the Air Force, or

23 a designee.
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1 (vi) Not fewer than four independent represent2 atives of the chiropractic health care profession, ap3 pointed by the Secretary of Defense.

4 (2) The oversight advisory committee shall assist the

5 Secretary of Defense regarding—

6 (A) issues involving the professional credentials

7 of the chiropractors participating in the program;

8 (B) the granting of professional practice privi9 leges for the chiropractors at the treatment facilities

10 participating in the program;

11 (C) the preparation of the reports required

12 under subsection (c); and

13 (D) the evaluation of the program.

14 (e) DEFINITION.—For purposes of this section, the

15 term ‘‘base closure law’’ means each of the following:

16 (1) The Defense Base Closure and Realignment

17 Act of 1990 (part A of title XXIX of Public Law

18 101–510; 10 U.S.C. 2687 note).

19 (2) Title II of the Defense Authorization

20 Amendments and Base Closure and Realignment

21 Act (Public Law 100–526; 10 U.S.C. 2687 note).

22 (3) Section 2687 of title 10, United States

23 Code.
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1 SEC. 707. IMPLEMENTATION OF ANNUAL HEALTH CARE

2 SURVEY REQUIREMENT.

3 Section 724 of the National Defense Authorization

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

5 2440; 10 U.S.C. 1071 note) is amended—

6 (1) by redesignating subsection (b) as sub7 section (c); and

8 (2) by inserting after subsection (a) the follow9 ing new subsection (b):

10 ‘‘(b) EXEMPTION.—An annual survey under sub11 section (a) shall be treated as not a collection of informa12 tion for the purposes for which such term is defined in

13 section 3502(4) of title 44.’’.

14 SEC. 708. ESTABLISHMENT OF MEDICARE SPECIAL EN15 ROLLMENT PERIOD FOR CERTAIN MILITARY

16 RETIREES AND DEPENDENTS AND PAYMENT

17 OF LATE ENROLLMENT PENALTY BY DEPART18 MENT OF DEFENSE.

19 (a) SPECIAL ENROLLMENT PERIOD.—Section 1837

20 of the Social Security Act (42 U.S.C. 1395p) is amended

21 by adding at the end the following new subsection:

22 ‘‘(j) In the case of an individual described in section

23 1839(g)(2), there shall be a special enrollment period—

24 ‘‘(1) beginning 45 days before the scheduled

25 date of the closure of the individual’s military treat26 ment facility (as defined in section 1839(g)(3)(C))
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1 and ending on the last day of the eighth month fol2 lowing the month in which the facility closed, or

3 ‘‘(2) in the case of a military treatment facility

4 that closed prior to January 1, 1995, beginning Jan5 uary 1, 1995, and ending at the end of August 31,

6 1995.’’.

7 (b) COVERAGE PERIOD FOR SPECIAL ENROLL8 MENTS.—Section 1838 of the Social Security Act (42

9 U.S.C. 1395q) is amended by adding at the end the follow10 ing new subsection:

11 ‘‘(f) Notwithstanding subsection (a), in the case of

12 an individual who enrolls during a special enrollment pe13 riod pursuant to section 1837(j), the coverage period shall

14 begin on the first day of the month following the month

15 in which the individual enrolls.’’.

16 (c) PAYMENT BY DEPARTMENT OF DEFENSE OF

17 MEDICARE PART B LATE ENROLLMENT PENALTY.—Sec18 tion 1839 of the Social Security Act (42 U.S.C. 1395r)

19 is amended by adding at the end the following new sub20 section:

21 ‘‘(g)(1) The increase in premiums under subsection

22 (b) due to late enrollment under this part by an individual

23 described in paragraph (2) who enrolls under this program

24 during a special enrollment period provided under section
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1 1837(j) shall be paid by the Secretary of the military de2 partment concerned.

3 ‘‘(2) An individual described in this paragraph is an

4 individual who, as of the date of the announcement of the

5 closure of the individual’s military treatment facility—

6 ‘‘(A) is 65 years of age or older;

7 ‘‘(B) is eligible for health care under section

8 1074(b) or 1076(b) of title 10, United States Code;

9 ‘‘(C) has never, since attaining the age of 65,

10 been enrolled under this part; and

11 ‘‘(D) has continuously maintained a primary

12 residence within 65 miles of a military treatment fa13 cility since attaining the age of 65.

14 ‘‘(3) For purposes of this subsection:

15 ‘‘(A) The date of the announcement of the clo16 sure of a military treatment facility is the date of

17 the submission to Congress under a base closure law

18 of a report recommending the closure of the military

19 base at which the facility is located.

20 ‘‘(B) The term ‘base closure law’ has the mean21 ing given such term in section 2825(d) of the Na22 tional Defense Authorization Act for Fiscal Years

23 1992 and 1993 (10 U.S.C. 2687 note).

24 ‘‘(C) The term ‘closure of the individual’s mili25 tary treatment facility’ means, with respect to an in-
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1 dividual, the closure under a base closure law of the

2 last military treatment facility within 65 miles of the

3 primary residence of the individual.

4 ‘‘(D) The term ‘military treatment facility’

5 means a facility of a uniformed service referred to

6 in section 1074(a) of title 10, United States Code,

7 in which health care is provided.’’.

8 SEC. 709. ELIGIBILITY FOR PARTICIPATION IN DEM9 ONSTRATION PROGRAMS FOR SALE OF PHAR10 MACEUTICALS.

11 Subparagraph (B) of section 702(c)(2) of the Na12 tional Defense Authorization Act for Fiscal Year 1993 (10

13 U.S.C. 1079 note) is amended to read as follows:

14 ‘‘(B) either—

15 ‘‘(i) resides in an area that is ad16 versely affected (as determined by the Sec17 retary) by the closure of a health care fa18 cility of the uniformed services as a result

19 of the closure or realignment of the mili20 tary installation at which such facility is

21 located; or

22 ‘‘(ii) can demonstrate to the satisfac23 tion of the Secretary that the person ob24 tained pharmaceuticals at a health care fa-
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1 cility referred to in clause (i) before the

2 closure of the facility.’’.

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS

7 Subtitle A—Use of Merit Based

8 Selection Procedures

9 SEC. 801. POLICY FOR MERIT BASED AWARD OF CON10 TRACTS AND GRANTS.

11 (a) POLICY.—Section 2301 of title 10, United States

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

13 subsection:

14 ‘‘(e)(1) It is the policy of Congress that the Depart15 ment of Defense should not be required by legislation to

16 award a new contract or grant to a specific non-Federal

17 Government entity. It is further the policy of Congress

18 that any program, project, or technology identified in

19 legislation be procured through merit-based selection

20 procedures.

21 ‘‘(2) A provision of law may not be construed as re22 quiring the Department of Defense to award a new con23 tract or grant to a specific non-Federal Government entity

24 unless that provision of law—

25 ‘‘(A) specifically refers to this subsection;
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1 ‘‘(B) specifically identifies the particular non2 Federal Government entity to be awarded the con3 tract or grant; and

4 ‘‘(C) sets forth the national defense purpose to

5 be fulfilled by requiring the department to award a

6 new contract or grant to the specified non-Federal

7 Government entity.

8 ‘‘(3) The head of an agency may not award a contract

9 or make a grant pursuant to a provision of law that au10 thorizes or requires the awarding of the contract or the

11 making of the grant, as the case may be, in a manner

12 that is inconsistent with the policy set forth in paragraph

13 (1) until—

14 ‘‘(A) the Secretary of Defense submits to Con15 gress a notice in writing of the intent to award such

16 contract or to make such grant; and

17 ‘‘(B) a period of 180 days elapses after the date

18 on which the notice is received by Congress.

19 ‘‘(4) For purposes of this subsection—

20 ‘‘(A) a contract is a new contract unless the

21 work provided for in the contract is a continuation

22 of the work provided for in a preceding contract; and

23 ‘‘(B) a grant is a new grant unless the work

24 funded by the grant is substantially a continuation
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1 of the work for which funding is provided in a pre2 ceding grant.

3 ‘‘(4) Paragraph (3) does not apply to the Secretary

4 of Transportation or the Administrator of the National

5 Space and Aeronautics Administration.’’.

6 SEC. 802. CONTINUATION OF EXPIRING REQUIREMENT FOR

7 ANNUAL REPORT ON THE USE OF COMPETI8 TIVE PROCEDURES FOR AWARDING CERTAIN

9 CONTRACTS TO COLLEGES AND UNIVER10 SITIES.

11 Paragraph (3) of section 2361(c) of title 10, United

12 States Code, is repealed.

13 Subtitle B—Acquisition Assistance

14 Programs

15 SEC. 811. PROCUREMENT TECHNICAL ASSISTANCE PRO16 GRAMS.

17 (a) FUNDING.—Of the amount authorized to be ap18 propriated under section 301(5), $12,000,000 shall be

19 available for carrying out the provisions of chapter 142

20 of title 10, United States Code.

21 (b) SPECIFIC PROGRAMS.—Of the amounts made

22 available pursuant to subsection (a), $600,000 shall be

23 available for fiscal year 1995 for the purpose of carrying

24 out programs sponsored by eligible entities referred to in

25 subparagraph (D) of section 2411(1) of title 10, United
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1 States Code, that provide procurement technical assist2 ance in distressed areas referred to in subparagraph (B)

3 of section 2411(2) of such title. If there is an insufficient

4 number of satisfactory proposals for cooperative agree5 ments in such distressed areas to allow effective use of

6 the funds made available in accordance with this sub7 section in such areas, the funds shall be allocated among

8 the Defense Contract Administration Services regions in

9 accordance with section 2415 of such title.

10 SEC. 812. PILOT MENTOR-PROTEGE PROGRAM.

11 Of the amounts authorized to be appropriated for fis12 cal year 1995 pursuant to title I of this Act, $50,000,000

13 shall be available for conducting the pilot Mentor-Protege

14 Program established pursuant to section 831 of the Na15 tional Defense Authorization Act for Fiscal Year 1991

16 (Public Law 101–510; 10 U.S.C. 2301 note).

17 SEC. 813. INFRASTRUCTURE ASSISTANCE FOR HISTORI18 CALLY BLACK COLLEGES AND OTHER MINOR19 ITY INSTITUTIONS OF HIGHER EDUCATION.

20 Of the amounts authorized to be appropriated for fis21 cal year 1995 pursuant to title II of this Act, $35,000,000

22 shall be available for such fiscal year for infrastructure

23 assistance to historically Black colleges and universities

24 and minority institutions under section 2323(c)(3) of title

25 10, United States Code.
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1 SEC. 814. EXTENSION OF TEST PROGRAM FOR NEGOTIA2 TION OF COMPREHENSIVE SMALL BUSINESS

3 SUBCONTRACTING PLANS.

4 Section 834(e) of the National Defense Authorization

5 Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note)

6 is amended by striking out ‘‘September 30, 1994’’ in the

7 second sentence and inserting in lieu thereof ‘‘September

8 30, 1998’’.

9 SEC. 815. LIMITATION REGARDING ACQUISITION ASSIST10 ANCE REGULATIONS REQUIRED BY PUBLIC

11 LAW 103–160 BUT NOT ISSUED.

12 (a) LIMITATION ON THE USE OF FUNDS.—None of

13 the funds authorized to be appropriated by this Act that

14 are made available for program element 65104D activities

15 may be expended until the Secretary of Defense takes the

16 actions required by the following provisions of the Na17 tional Defense Authorization Act for Fiscal Year 1994

18 (Public Law 103–160):

19 (1) Section 811(d)(1), relating to regulations

20 that address the matters described in subsections (g)

21 and (h)(2) of section 2323 of title 10, United States

22 Code.

23 (2) Section 813(b)(1), relating to the Depart24 ment of Defense policy regarding the pilot Mentor25 Protege Program.
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1 (b) ACTIONS REQUIRED.—(1) With respect to the

2 regulations referred to in subsection (a)(1), the Secretary

3 shall—

4 (A) publish proposed regulations within 15 days

5 after the date of the enactment of this Act in ac6 cordance with section 22 of the Office of Federal

7 Procurement Policy Act (41 U.S.C. 418b);

8 (B) provide a period of not less than 60 days

9 for public comment on the proposed regulations; and

10 (C) publish the final regulations not later than

11 120 days after the date of the enactment of this Act.

12 (2) With respect to the action referred to in sub13 section (a)(2), the Secretary shall ensure that—

14 (A) within 30 days after the date of the enact15 ment of this Act, the Department of Defense policy

16 regarding the pilot Mentor-Protege Program is in17 corporated into the Department of Defense Supple18 ment to the Federal Acquisition Regulation as an

19 appendix; and

20 (B) any subsequent revision to such policy (or

21 any successor to such policy) is published and main22 tained in such supplement as an appendix.

23 (c) PROGRAM ELEMENT 65104D ACTIVITIES DE24 FINED.—For purposes of this section, the program ele25 ment 65104D activities referred to in subsection (a) are
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1 the activities described as program element 65104D in the

2 materials submitted to Congress by the Secretary of De3 fense in support of the budget for fiscal year 1995 that

4 was submitted to Congress pursuant to section 1105(a)

5 of title 31, United States Code.

6 Subtitle C—Other Matters

7 SEC. 821. USE OF CERTAIN FUNDS PENDING SUBMISSION

8 OF A NATIONAL TECHNOLOGY AND INDUS9 TRIAL BASE PERIODIC DEFENSE CAPABILITY

10 ASSESSMENT AND A PERIODIC DEFENSE CA11 PABILITY PLAN.

12 (a) LIMITATION.—None of the funds authorized to

13 be appropriated by this Act that are made available for

14 program element 65104D activities may be expended until

15 the Secretary of Defense submits to Congress—

16 (1) a national technology and industrial base

17 periodic defense capability assessment required by

18 section 2505 of title 10, United States Code; and

19 (2) and a periodic defense capability plan re20 quired by section 2506 of such title.

21 (b) PROGRAM ELEMENT 65104D ACTIVITIES DE22 FINED.—For purposes of this section, the program ele23 ment 65104D activities referred to in subsection (a) are

24 the activities described as program element 65104D in the

25 materials submitted to Congress by the Secretary of De-
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1 fense in support of the budget for fiscal year 1995 that

2 was submitted to Congress pursuant to section 1105(a)

3 of title 31, United States Code.

4 SEC. 822. DELEGATION OF INDUSTRIAL MOBILIZATION AU5 THORITY.

6 Section 2538 of title 10, United States Code, is

7 amended—

8 (1) by striking out ‘‘through the Secretary of

9 Defense’’ each place it appears in subsections (a),

10 (c), and (d) and inserting in lieu thereof ‘‘through

11 the head of any department’’; and

12 (2) in subsection (c)—

13 (A) by striking out ‘‘in the opinion of the

14 Secretary of Defense’’ in the matter above

15 paragraph (1) and inserting in lieu thereof ‘‘in

16 the opinion of the head of any department’’;

17 and

18 (B) by striking out ‘‘Secretary’’ each place

19 it appears in paragraphs (2) and (3) and insert20 ing in lieu thereof ‘‘head of the department’’.
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1 SEC. 823. PERMANENT AUTHORITY FOR THE DEPARTMENT

2 OF DEFENSE TO SHARE EQUITABLY THE

3 COSTS OF CLAIMS UNDER INTERNATIONAL

4 ARMAMENTS COOPERATIVE PROGRAMS.

5 Subsection (c) of section 843 of the National Defense

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

7 484; 106 Stat. 2469; 10 U.S.C. 2350a note) is repealed.

8 SEC. 824. DETERMINATIONS OF PUBLIC INTEREST UNDER

9 THE BUY AMERICAN ACT.

10 (a) CONSIDERATIONS.—Section 2533 of title 10,

11 United States Code, is amended—

12 (1) by striking out subsections (a) and (b) and

13 inserting in lieu thereof the following:

14 ‘‘(a) In determining under section 2 of title III of

15 the Act of March 3, 1993 (41 U.S.C. 10a), popularly

16 known as the ‘Buy American Act’, whether application of

17 title III of such Act is inconsistent with the public interest,

18 the Secretary of Defense shall consider the following:

19 ‘‘(1) The bids or proposals of small business

20 firms in the United States which have offered to fur21 nish American goods.

22 ‘‘(2) The bids or proposals of all other firms in

23 the United States which have offered to furnish

24 American goods.

25 ‘‘(3) The United States balance of payments.
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1 ‘‘(4) The cost of shipping goods which are other

2 than American goods.

3 ‘‘(5) Any duty, tariff, or surcharge which may

4 enter into the cost of using goods which are other

5 than American goods.

6 ‘‘(6) Any need to coordinate acquisition activi7 ties of the Department of Defense with obligations

8 contained in international agreements and with the

9 acquisition activities of major United States allies.

10 ‘‘(7) A need to ensure that the Department of

11 Defense has access to advanced state-of-the-art com12 mercial technology.

13 ‘‘(8) A need to protect the national technology

14 and industrial base and to provide for a defense mo15 bilization base.

16 ‘‘(9) A need to ensure that application of dif17 ferent rules of origin for United States end items

18 and foreign end items does not result in an award

19 to a firm other than a firm providing a product pro20 duced in the United States.

21 ‘‘(10) Any need—

22 ‘‘(A) to maintain the same source of sup23 ply for spare and replacement parts for an end

24 item that qualifies as an American good; or
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1 ‘‘(B) to maintain the same source of sup2 ply for spare and replacement parts in order

3 not to impair integration of the military and

4 commercial industrial base.

5 ‘‘(11) The national security interests of the

6 United States.’’; and

7 (2) by redesignating subsection (c) as sub8 section (b).

9 (b) CONFORMING AND CLERICAL AMENDMENTS.—

10 (1) The heading of section 2533 of such title is amended

11 to read as follows:

12 ‘‘§ 2533. Determinations of public interest under the

13 Buy American Act’’.

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

15 sections at the beginning of subchapter V of chapter 148

16 of such title is amended to read as follows:

‘‘2533. Determinations of public interest under the Buy American Act.’’.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

20 Subtitle A—Secretarial Matters

21 SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DE22 FENSE.

23 (a) ESTABLISHMENT OF POSITION.—Section 138(a)

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

25 out ‘‘ten’’ and inserting in lieu thereof ‘‘eleven’’.
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1 (b) EXECUTIVE LEVEL IV.—Section 5315 of title 5,

2 United States Code, is amended by striking out ‘‘Assistant

3 Secretaries of Defense (10).’’ and inserting in lieu thereof

4 the following:

5 ‘‘Assistant Secretaries of Defense (11).’’.

6 SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE

7 MILITARY DEPARTMENTS.

8 (a) ARMY.—Section 3017 of title 10, United States

9 Code, is amended—

10 (1) by redesignating paragraph (3) as para11 graph (4); and

12 (2) by inserting after paragraph (2) the follow13 ing new paragraph (3):

14 ‘‘(3) The General Counsel of the Department of

15 the Army.’’.

16 (b) NAVY.—Section 5017 of such title is amended—

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

18 paragraphs (5) and (6), respectively; and

19 (2) by inserting after paragraph (2) the follow20 ing new paragraph (3):

21 ‘‘(3) The General Counsel of the Department of

22 the Navy.’’.

23 (c) AIR FORCE.—Section 8017 of such title is amend24 ed—
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1 (1) by redesignating paragraph (3) as para2 graph (4); and

3 (2) by inserting after paragraph (2) the follow4 ing new paragraph (3):

5 ‘‘(3) The General Counsel of the Department of

6 the Air Force.’’.

7 Subtitle B—Commission on Roles

8 and Missions of the Armed Forces

9 SEC. 911. REVIEW OF RESERVE COMPONENTS.

10 Section 953(d) of the National Defense Authorization

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

12 1739) is amended—

13 (1) in subsection (d)—

14 (A) by striking out ‘‘and’’ at the end of

15 paragraph (7);

16 (B) by striking out the period at the end

17 of paragraph (8) and inserting in lieu thereof ‘‘;

18 and’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(9) the role of the National Guard and the

22 other reserve components.’’;

23 (2) in subsection (e)(3), by inserting after ‘‘De24 partment of Defense’’ the following: ‘‘, including the
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1 National Guard and the other reserve components’’;

2 and

3 (3) by adding at the end the following new sub4 section:

5 ‘‘(h) RECOMMENDATIONS CONCERNING RESERVE

6 COMPONENTS.—The Commission shall address the roles,

7 missions, and functions of the reserve components within

8 the total force of the armed forces, particularly in light

9 of lower budgetary resources that will be available to the

10 Department of Defense in the future. The Commission

11 should employ or consult private citizens with extensive

12 experience in matters concerning the National Guard and

13 other reserve components.’’.

14 SEC. 912. SUPPORT BY FEDERALLY FUNDED RESEARCH

15 AND DEVELOPMENT CENTERS.

16 Section 957 of the National Defense Authorization

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

18 1741; 10 U.S.C. 111 note) is amended—

19 (1) by adding at the end the following new sub20 section:

21 ‘‘(f) SUPPORT FROM FEDERALLY FUNDED RE22 SEARCH AND DEVELOPMENT CENTERS.—Upon the re23 quest of the chairman of the Commission, the Secretary

24 of Defense shall make available to the Commission, with25 out reimbursement, the services of one or more federally
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1 funded research and development centers covered by spon2 soring agreements of the Department of Defense. The cost

3 of the services made available pursuant to this subsection

4 may not exceed $20,000,000.’’; and

5 (2) by striking out the section heading and in6 serting in lieu thereof the following:

7 ‘‘SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.’’.

8 Subtitle C—Other Matters

9 SEC. 921. COMPOSITION OF RESERVE FORCES POLICY

10 BOARD.

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

12 amended—

13 (1) in paragraph (4), by striking out ‘‘or Regu14 lar Marine Corps’’ and inserting in lieu thereof ‘‘and

15 an officer of the Regular Marine Corps each’’;

16 (2) by striking out ‘‘and’’ at the end of para17 graph (8);

18 (3) by striking out the period at the end of

19 paragraph (9) and inserting in lieu thereof ‘‘; and’’;

20 and

21 (4) by adding at the end the following:

22 ‘‘(10) an officer of the Regular Army, Regular

23 Navy, Regular Air Force, or Regular Marine Corps

24 serving in a position on the Joint Staff who is des-
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1 ignated by the Chairman of the Joint Chiefs of

2 Staff.’’.

3 SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNI4 VERSITY OF THE HEALTH SCIENCES.

5 (a) CLOSURE PROHIBITED.—The Uniformed Serv6 ices University of the Health Sciences may not be closed.

7 (b) BUDGETARY COMMITMENT TO CONTINUATION.—

8 It is the sense of Congress that the Secretary of Defense

9 should budget for the ongoing operation of the Uniformed

10 Services University of the Health Sciences as an institu11 tion of professional education that is vital to the education

12 and training each year of significant numbers of personnel

13 of the uniformed services for careers as uniformed services

14 health care providers.

15 SEC. 923. JOINT DUTY CREDIT FOR CERTAIN DUTY PER16 FORMED DURING MILITARY OPERATIONS IN

17 SUPPORT OF UNIFIED, COMBINED, OR UNIT18 ED NATIONS MILITARY OPERATIONS.

19 (a) CREDIT AUTHORIZED.—Section 664 of title 10,

20 United States Code, is amended by adding at the end the

21 following new subsection:

22 ‘‘(i) SPECIAL AUTHORITY.—(1) The Secretary of De23 fense, in consultation with the Chairman of the Joint

24 Chiefs of Staff, may give an officer who has completed

25 service described in paragraph (2) credit for having com-
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1 pleted a full tour of duty in a joint duty assignment, or

2 credit countable for determining cumulative service in

3 joint duty assignments, for the purposes of any provision

4 of this title, notwithstanding the length of such service or

5 whether such service is within the definition of the term

6 ‘joint duty assignment’ prescribed pursuant to section 668

7 of this title.

8 ‘‘(2) Service referred to in paragraph (1) is service

9 performed by an officer in combat or combat related mili10 tary operations, under the operational control of the com11 mander of a unified combatant command, the commander

12 of combined forces of allied nations, or the United Na13 tions, in which the officer gained significant experience in

14 joint matters, as determined by the Secretary.

15 ‘‘(3) Officers for whom joint duty credit is granted

16 pursuant to this subsection—

17 ‘‘(A) shall not be counted for the purposes of

18 paragraphs (7), (8), (9), (11), or (12) of section 667

19 of this title and subsections (a)(3) and (b) of section

20 662 of this title; and

21 ‘‘(B) are not subject to the requirements of sec22 tion 661(c) of this title relating to the sequence for

23 completion of a joint professional military education

24 school, completion of a full tour of duty in a joint
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1 duty assignment, and selection for a joint spe2 cialty.’’.

3 (b) APPLICABILITY.—Subsection (i) of section 664 of

4 title 10, United States Code, as added by subsection (a),

5 shall apply with respect to military operations conducted

6 after July 1, 1992.

7 TITLE X—GENERAL PROVISIONS

8 Subtitle A—Financial Matters

9 SEC. 1001. TRANSFER AUTHORITY.

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

11 (1) Upon determination by the Secretary of Defense that

12 such action is necessary in the national interest, the Sec13 retary may transfer amounts of authorizations made avail14 able to the Department of Defense in this division for fis15 cal year 1995 between any such authorizations for that

16 fiscal year (or any subdivisions thereof). Amounts of au17 thorizations so transferred shall be merged with and be

18 available for the same purposes as the authorization to

19 which transferred.

20 (2) The total amount of authorizations that the Sec21 retary of Defense may transfer under the authority of this

22 section may not exceed $2,000,000,000.

23 (b) LIMITATIONS.—The authority provided by this

24 section to transfer authorizations—
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1 (1) may only be used to provide authority for

2 items that have a higher priority than the items

3 from which authority is transferred; and

4 (2) may not be used to provide authority for

5 an item that has been denied authorization by

6 Congress.

7 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

8 transfer made from one account to another under the au9 thority of this section shall be deemed to increase the

10 amount authorized for the account to which the amount

11 is transferred by an amount equal to the amount trans12 ferred.

13 (d) NOTICE TO CONGRESS.—The Secretary of De14 fense shall promptly notify Congress of transfers made

15 under the authority of this section.

16 SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATION

17 OF APPROPRIATIONS FOR FISCAL YEAR 1994.

18 There is authorized to be appropriated as emergency

19 supplemental appropriations for fiscal year 1994 for the

20 incremental costs arising from ongoing United States op21 erations in Somalia, Bosnia, Southwest Asia, and Haiti,

22 $1,198,300,000 as follows:

23 (1) For Military Personnel:

24 (A) For the Army, $6,600,000.

25 (B) For the Navy, $19,400,000.
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1 (C) For the Air Force, $18,400,000.

2 (2) For Operation and Maintenance:

3 (A) For the Army, $420,100,000.

4 (B) For the Navy, $104,800,000.

5 (C) For the Air Force, $560,100,000.

6 (D) For Defense-wide activities,

7 $21,600,000.

8 (3) For Procurement:

9 (A) For Aircraft Procurement, Army,

10 $20,300,000.

11 (B) For Other Procurement, Army,

12 $200,000.

13 (C) For Other Procurement, Air Force,

14 $26,800,000.

15 SEC. 1003. DATE FOR SUBMISSION OF FUTURE-YEARS MIS16 SION BUDGET.

17 Section 222(a) of title 10, United States Code, is

18 amended by striking out ‘‘at the same time’’ in the second

19 sentence and inserting in lieu thereof ‘‘not later than 60

20 days after the date on which’’.
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1 Subtitle B—Matters Relating to

2 Allies and Other Nations

3 SEC. 1011. REPEAL OF LIMITATION ON OVERSEAS MILI4 TARY END STRENGTH.

5 Section 1302 of the National Defense Authorization

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

7 2545; 10 U.S.C. 113 note) is repealed.

8 SEC. 1012. AUTHORIZED END STRENGTH FOR MILITARY

9 PERSONNEL IN EUROPE.

10 (a) END STRENGTH.—Paragraph (1) of section

11 1002(c) of the National Defense Authorization Act, 1985

12 (22 U.S.C. 1928 note) is amended to read as follows:

13 ‘‘(1) The end strength level of members of the Armed

14 Forces of the United States assigned to permanent duty

15 ashore in European member nations of NATO may not

16 exceed a permanent ceiling of approximately 100,000 in

17 any fiscal year.

18 ‘‘(2) Notwithstanding paragraph (1), the end

19 strength level of members of the Armed Forces of the

20 United States assigned to permanent duty ashore in Euro21 pean member nations of NATO may exceed 100,000 in

22 a fiscal year if, before September 1 of that fiscal year,

23 the President certifies to Congress that it is essential for

24 the end strength level to exceed 100,000 in that fiscal year

25 in order to attain national security objectives of the United
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1 States in Europe and that the number of personnel in ex2 cess of 100,000 does not exceed the number of additional

3 personnel necessary to attain such objectives. In no event

4 may the end strength level exceed 113,000 in any fiscal

5 year.’’.

6 (b) CONFORMING AMENDMENT.—Section 1303 of the

7 National Defense Authorization Act for Fiscal Year 1993

8 (Public Law 102–484; 106 Stat. 2546) is repealed.

9 (c) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall take effect on October 1, 1995.

11 SEC. 1013. EXTENSION AND REVISION OF AUTHORITIES RE12 LATING TO COOPERATIVE THREAT REDUC13 TION.

14 (a) FUNDING FOR FISCAL YEAR 1995.—Funds au15 thorized to be appropriated under section 301(19) shall

16 be available for cooperative threat reduction with states

17 of the former Soviet Union under the Cooperative Threat

18 Reduction Act of 1993 (title XII of Public Law 103–160;

19 22 U.S.C. 5951 et seq.).

20 (b) SEMI-ANNUAL REPORTS.—Section 1207 of such

21 Act (22 U.S.C. 5956) is amended by striking out ‘‘and

22 not later than October 30, 1994,’’ and inserting in lieu

23 thereof ‘‘October 30, 1994, April 30, 1995, and October

24 30, 1995,’’.
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1 SEC. 1014. DEFENSE COOPERATION BETWEEN THE UNITED

2 STATES AND ISRAEL.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The President has made a commitment to

6 maintaining the qualitative superiority of the Israeli

7 Defense Force over any potential combination of po8 tential adversaries.

9 (2) Despite the peace process in which Israel is

10 engaged, Israel continues to face difficult threats to

11 its national security.

12 (3) The threats are compounded by the pro13 liferation of weapons of mass destruction and ballis14 tic missiles.

15 (4) Congress recognizes the many benefits to

16 the United States resulting from the strategic rela17 tionship that exists between the United States and

18 Israel.

19 (5) Congress is supportive of the objective of

20 the President to enhance United States-Israel mili21 tary and technical cooperation, particularly in the

22 areas of missile defense and counter-proliferation.

23 (6) Congress is supportive of the establishment

24 of the United States-Israel Science and Technology

25 Commission in 1993.
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1 (7) Maintaining the qualitative superiority of

2 the Israeli Defense Force and strengthening the de3 fense ties and science and technology cooperation be4 tween the United States and Israel will help ensure

5 that Israel has the military strength and political

6 support necessary to take risks for peace while pro7 viding Arab states with an incentive to pursue nego8 tiations instead of war.

9 (8) Israel continues to cooperate with the Unit10 ed States on numerous theater missile defense pro11 grams, including the Arrow Tactical Anti-Missile

12 program and the boost phase intercept technology

13 program.

14 (9) It is in the national interests of the United

15 States and Israel to strengthen existing mechanisms

16 for cooperation and to eliminate unnecessary bar17 riers to further collaboration between the United

18 States and Israel.

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that Congress—

21 (1) encourages the President to ensure that any

22 conventional defense system or technology offered

23 for release to any NATO or other major non-NATO

24 ally should concurrently be available for purchase by
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1 Israel unless such action would contravene United

2 States national interests; and

3 (2) urges the President to make available to Is4 rael, within existing technology transfer laws, regula5 tions, and policies, advanced United States tech6 nology necessary for continued progress in coopera7 tive United States-Israel research and development

8 of theater missile defenses.

9 SEC. 1015. MILITARY-TO-MILITARY CONTACTS AND COM10 PARABLE ACTIVITIES.

11 (a) ACTIVITIES AUTHORIZED.—(1) Chapter 6 of title

12 10, United States Code, is amended by adding at the end

13 the following new section:

14 ‘‘§ 166b. Military-to-military contacts and comparable

15 activities

16 ‘‘(a) AUTHORITY.—The Secretary of Defense may

17 conduct military-to-military contacts and comparable ac18 tivities that are designed to encourage a democratic ori19 entation of defense establishments and military forces of

20 other countries.

21 ‘‘(b) ADMINISTRATION.—The Secretary may provide

22 funds appropriated for carrying out subsection (a) to the

23 following officials for use as provided in subsection (c):

24 ‘‘(1) The commander of a combatant command,

25 upon the request of the commander.
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1 ‘‘(2) An officer designated by the Chairman of

2 the Joint Chiefs of Staff, with respect to an area or

3 areas not under the area of responsibility of a com4 mander of a combatant command.

5 ‘‘(3) The head of any Department of Defense

6 component.

7 ‘‘(c) AUTHORIZED ACTIVITIES.—An official provided

8 funds under subsection (b) may use such funds for the

9 following activities and expenses:

10 ‘‘(1) The activities of traveling contact teams,

11 including any transportation expenses, translation

12 services expenses, and administrative expenses that

13 are related to such activities.

14 ‘‘(2) The activities of military liaison teams.

15 ‘‘(3) Exchanges of—

16 ‘‘(A) civilian or military personnel between

17 the Department of Defense and defense min18 istries of foreign governments; and

19 ‘‘(B) military personnel between units of

20 the armed forces and units of foreign armed

21 forces.

22 ‘‘(4) Seminars and conferences held primarily

23 in a theater of operations.

24 ‘‘(5) Distribution of publications primarily in a

25 theater of operations.
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1 ‘‘(6) Personnel expenses for Department of De2 fense civilian and military personnel to the extent

3 that such expenses relate to participation in activi4 ties described in paragraphs (3), (4), and (5).

5 ‘‘(7) Reimbursement of military personnel ap6 propriations accounts for the pay and allowances

7 paid to National Guard personnel and other reserve

8 components personnel for service while engaged in

9 activities referred to in other paragraphs of this sub10 section.

11 ‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any

12 amount provided during any fiscal year to an official

13 under subsection (b) for activities or expenses referred to

14 in subsection (c) shall be in addition to amounts otherwise

15 available for such activities and expenses for that fiscal

16 year.

17 ‘‘(e) LIMITATIONS.—(1) Funds may not be provided

18 under this section for a fiscal year for any activity for

19 which—

20 ‘‘(A) funding was proposed in the budget sub21 mitted to Congress for such fiscal year pursuant to

22 section 1105(a) of title 31; and

23 ‘‘(B) Congress did not authorize appropriations.

24 ‘‘(2) An activity may not be conducted under this sec25 tion with a foreign country unless the Secretary of State
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1 approves the conduct of such activity in that foreign coun2 try.

3 ‘‘(f) MILITARY-TO-MILITARY CONTACTS DEFINED.—

4 In this section, the term ‘military-to-military contacts’

5 means contacts between members of the armed forces and

6 members of foreign armed forces through activities de7 scribed in subsection (c).’’.

8 (2) The table of sections at the beginning of chapter

9 6 of such title is amended by adding at the end the follow10 ing new item:

‘‘166b. Military-to-military contacts and comparable activities.’’.

11 (b) FUNDING.—Of the amount authorized to be ap12 propriated under section 301(5) for operation and mainte13 nance for Defense-wide activities, $46,300,000 shall be

14 available to the Secretary of Defense for the purposes of

15 carrying out activities under section 166b of title 10,

16 United States Code, as added by subsection (a).

17 SEC. 1016. FOREIGN DISASTER RELIEF.

18 (a) AUTHORITY.—(1) Subchapter I of chapter 20 of

19 title 10, United States Code, is amended by adding at the

20 end the following new section:

21 ‘‘§ 404. Foreign disaster relief

22 ‘‘(a) IN GENERAL.—The President may conduct dis23 aster relief activities outside the United States to respond

24 to manmade or natural disasters when necessary to pre25 vent loss of lives.
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1 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

2 under this section may include transportation, supplies,

3 services, and equipment.

4 ‘‘(c) DETERMINATION REQUIRED.—No assistance

5 may be furnished pursuant to this section unless the

6 President determines that the provision of disaster relief

7 is in the national interest of the United States and is nec8 essary to prevent loss of lives.

9 ‘‘(d) REPORT REQUIRED.—Not later than 48 hours

10 after the commencement of disaster relief activities, the

11 President shall transmit to the Congress a report contain12 ing the determination required by subsection (c) and a de13 scription of the following:

14 ‘‘(1) The manmade or natural disaster for

15 which disaster relief is necessary.

16 ‘‘(2) The threat to human lives presented by

17 the disaster.

18 ‘‘(3) The United States military personnel and

19 material resources that are involved or expected to

20 be involved.

21 ‘‘(4) The disaster relief that is being provided

22 or is expected to be provided by other nations or

23 public or private relief organizations.

24 ‘‘(5) The anticipated duration of the disaster

25 relief activities.’’.
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1 (2) The table of sections at the beginning of such sub2 chapter is amended by adding at the end the following:

‘‘404. Foreign disaster relief.’’.

3 (b) FUNDING OF ACTIVITIES.—Of the amount au4 thorized to be appropriated under subsection 301(5),

5 $46,300,000 shall be available to the Secretary of Defense

6 for the purpose of carrying out disaster relief activities

7 under section 404 of title 10, United States Code, as

8 added by subsection (a).

9 Subtitle C—Nonproliferation and

10 Counterproliferation of Weapon

11 Systems and Related Systems

12 SEC. 1021. EXTENSION AND REVISION OF NONPROLIFERA13 TION AUTHORITIES.

14 (a) EXTENSION OF NONPROLIFERATION AUTHORI15 TIES.—Section 1505 of the National Defense Authoriza16 tion Act for Fiscal Year 1993 (22 U.S.C. 5859a) is

17 amended—

18 (1) in subsection (a), by striking out ‘‘during

19 fiscal year 1994’’ and inserting in lieu thereof ‘‘dur20 ing fiscal years 1994 and 1995’’; and

21 (2) in subsection (e), by striking out ‘‘fiscal

22 year 1994’’ and inserting in lieu thereof ‘‘fiscal

23 years 1994 and 1995’’.

24 (b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE

25 PROVIDED.—Subsection (b)(4) of such section is amended
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1 by striking out ‘‘nuclear proliferation through joint tech2 nical projects and improved intelligence sharing’’ and in3 serting in lieu thereof ‘‘nuclear, biological, chemical, and

4 missile proliferation through technical projects and im5 proved information sharing’’.

6 (c) SOURCES OF ASSISTANCE.—Subsection (d) of

7 such section is amended—

8 (1) in paragraph (1)—

9 (A) by inserting ‘‘for fiscal year 1994’’

10 after ‘‘under this section’’; and

11 (B) by striking out ‘‘fiscal year 1994 or’’

12 and inserting in lieu thereof ‘‘fiscal year 1994.

13 Funds provided as assistance under this section

14 for fiscal year 1995 shall be derived from

15 amounts made available to the Department of

16 Defense for fiscal year 1995. Alternatively,

17 funds provided as assistance under this section

18 for a fiscal year referred to in this paragraph

19 may be derived’’; and

20 (2) in paragraph (3), by inserting after

21 ‘‘$25,000,000’’ the following: ‘‘for fiscal year 1994

22 or $15,000,000 for fiscal year 1995’’.
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1 SEC. 1022. JOINT COMMITTEE FOR THE REVIEW OF

2 COUNTERPROLIFERATION PROGRAMS OF

3 THE UNITED STATES.

4 (a) COMPOSITION.—Subsection (a) of section 1605 of

5 the National Defense Authorization Act for Fiscal Year

6 1994 (Public Law 103–160; 107 Stat 1845) is amended—

7 (1) in paragraph (1)—

8 (A) by striking out ‘‘Non-Proliferation’’ in

9 the matter above subparagraph (A) and insert10 ing in lieu thereof ‘‘Counterproliferation’’;

11 (B) by striking out subparagraphs (B) and

12 (E); and

13 (C) by redesignating subparagraphs (C),

14 (D), and (F) as subparagraphs (B), (C), and

15 (D), respectively;

16 (2) in paragraph (2), by adding at the end the

17 following: ‘‘The Secretary of Energy shall serve as

18 the Vice Chairman of the committee.’’;

19 (3) in paragraph (4), by adding at the end the

20 following: ‘‘The Secretary of Energy may delegate to

21 the Under Secretary of Energy responsible for na22 tional security programs of the Department of En23 ergy the performance of the duties of the Vice

24 Chairman of the committee.’’; and

25 (4) by striking out paragraph (5).
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1 (b) PURPOSES OF COMMITTEE.—Subsection (b) of

2 such section is amended—

3 (1) in paragraph (1)(A), by striking out ‘‘non4 proliferation policy’’ and inserting in lieu thereof

5 ‘‘counterproliferation policy’’; and

6 (2) by adding at the end the following new

7 paragraphs:

8 ‘‘(3) To prioritize programs and funding.

9 ‘‘(4) To encourage and facilitate interagency

10 and interdepartmental funding of programs in order

11 to ensure necessary levels of funding to develop, op12 erate, and field highly-capable systems.

13 ‘‘(5) To insure that Department of Energy pro14 grams are integrated with the operational needs of

15 other departments and agencies of the Federal Gov16 ernment.

17 ‘‘(6) To ensure that Department of Energy na18 tional security programs include development of sys19 tems for deployment as well as research.’’.

20 (c) DUTIES.—Subsection (c) of such section is

21 amended—

22 (1) in paragraph (1)—

23 (A) by striking out ‘‘(including

24 counterproliferation capabilities) and tech25 nologies for support of United States non-
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1 proliferation policy’’ in the matter above sub2 paragraph (A) and inserting in lieu thereof

3 ‘‘and technologies for support of United States

4 nonproliferation policy and counterproliferation

5 policy’’;

6 (B) by inserting ‘‘and’’ at the end of sub7 paragraph (D); and

8 (C) by striking out subparagraphs (F) and

9 (G);

10 (2) by striking out paragraphs (2), (3), and (7);

11 (3) in paragraph (4), by striking out ‘‘to sup12 port fully the nonproliferation policy of the United

13 States’’;

14 (4) by redesignating paragraphs (4), (5), and

15 (6) as paragraphs (2), (3), and (4), respectively; and

16 (5) by adding at the end the following new

17 paragraph (5):

18 ‘‘(5) assess each fiscal year the effectiveness of

19 the committee actions during the preceding fiscal

20 year, including, particularly, the status of rec21 ommendations made during such preceding fiscal

22 year that were reflected in the budget submitted to

23 Congress pursuant to section 1105(a) of title 31,

24 United States Code, for the fiscal year following the

25 fiscal year in which the assessment is made.’’.
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1 (d) COMMITTEE RECOMMENDATIONS.—Subsection

2 (e) of such section is amended to read as follows:

3 ‘‘(e) RECOMMENDATIONS.—The committee shall sub4 mit to the President and the heads of all appropriate de5 partments and agencies of the Federal Government such

6 programmatic recommendations regarding existing,

7 planned, or new programs as the committee considers ap8 propriate to encourage funding for capabilities and tech9 nologies at the level necessary to support United States

10 counterproliferation policy.’’.

11 (e) EXTENSION OF COMMITTEE.—Subsection (f) of

12 such section is amended by striking out ‘‘six months after

13 the date on which the report of the Secretary of Defense

14 under section 1606 is submitted to Congress’’ and insert15 ing in lieu thereof ‘‘at the end of September 30, 1996’’.

16 SEC. 1023. REPORT ON COUNTERPROLIFERATION ACTIVI17 TIES AND PROGRAMS.

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

19 1995, and not later than May 1 of each year thereafter,

20 the Secretary of Defense shall submit to the appropriate

21 committees of Congress a report of the findings of the

22 Counterproliferation Program Review Committee estab23 lished by section 1605 of the National Defense Authoriza24 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

25 Stat 1845). The Secretary shall submit any special annex
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1 of the report to the committees of Congress that tradition2 ally receive information in the annex in the performance

3 of oversight functions of such committees.

4 (b) CONTENT OF THE REPORT.—The report shall in5 clude the following matters:

6 (1) A complete list, by specific program ele7 ment, of the existing, planned, or newly proposed ca8 pabilities and technologies reviewed by the commit9 tee pursuant to section 1605(c) of Public Law 103–

10 160.

11 (2) A complete description of the requirements

12 and priorities established by the Counterproliferation

13 Program Review Committee.

14 (3) A comprehensive discussion of the near15 term, mid-term, and long-term programmatic op16 tions formulated by the committee for meeting re17 quirements prescribed by the committee and for

18 eliminating deficiencies identified by the committee,

19 including the annual funding requirements and com20 pletion dates established for each such option.

21 (4) An explanation of the recommendations

22 made pursuant to section 1605(c) of Public Law

23 103–160, together with a full discussion of the ac24 tions taken to implement such recommendations or

25 otherwise taken on the recommendations.
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1 (5) A discussion and assessment of the status

2 of each committee recommendation during the fiscal

3 year preceding the fiscal year in which the report is

4 submitted, including, particularly, the status of rec5 ommendations made during such preceding fiscal

6 year that were reflected in the budget submitted to

7 Congress pursuant to section 1105(a) of title 31,

8 United States Code, in the fiscal year of the report.

9 (6) Each specific Department of Energy pro10 gram that the Secretary of Energy plans to develop

11 to initial operating capability and each such program

12 that the Secretary does not plan to develop to initial

13 operating capability.

14 (7) For each technology program scheduled to

15 reach initial operational capability, a recommenda16 tion from the Chairman of the Joint Chiefs of Staff

17 that represents the views of the commanders of the

18 unified and specified commands regarding the utility

19 and requirement of the program.

20 (c) FORMS OF REPORT.—The report shall be submit21 ted in both unclassified and classified forms, including an

22 annex to the classified report for special compartmented

23 information programs, special access programs, and spe24 cial activities programs.

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate committees of Con2 gress’’ means—

3 (A) the Committee on Armed Services, the

4 Committee on Appropriations, and the Select

5 Committee on Intelligence of the Senate; and

6 (B) the Committee on Armed Services, the

7 Committee on Appropriations, and the Select

8 Committee on Intelligence of the House of Rep9 resentatives.

10 (2) The term ‘‘intelligence community’’ has the

11 meaning given such term in section 3 of the Na12 tional Security Act of 1947 (50 U.S.C. 401a).

13 SEC. 1024. AMOUNTS FOR COUNTERPROLIFERATION AC14 TIVITIES.

15 (a) COUNTERPROLIFERATION ACTIVITIES.—Of the

16 amount authorized to be appropriated in section 201(4),

17 $12,500,000 shall be available for counterproliferation ac18 tivities.

19 (b) EDUCATION IN SUPPORT OF

20 COUNTERPROLIFERATION ACTIVITIES.—Of the amount

21 authorized to be appropriated in section 301(5), not more

22 than $1,000,000 shall be available for providing education

23 to members of the Armed Forces in matters relating to

24 counterproliferation.
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1 SEC. 1025. RESTRICTION RELATING TO REPORT ON PRO2 LIFERATION OF FOREIGN MILITARY SAT3 ELLITES.

4 None of the funds available to the Department of De5 fense for travel may be expended for travel by the Assist6 ant Secretary of Defense for International Security Policy

7 until the Secretary of Defense submits to Congress the

8 report required by section 1363 of the National Defense

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

10 484; 106 Stat. 2560) together with the certification re11 quired by section 211(d) of the National Defense Author12 ization Act for Fiscal Year 1994 (Public Law 103–160;

13 107 Stat. 1584).

14 Subtitle D—Peace Operations

15 SEC. 1031. REPORTS ON REFORMING MULTILATERAL

16 PEACE OPERATIONS.

17 (a) REPORTS REQUIRED.—The Secretary of Defense

18 shall submit to the congressional defense committees two

19 reports on United States proposals for improving United

20 Nations management of peace operations. The Secretary

21 shall submit the first report not later than December 1,

22 1994, and the second report not later than June 1, 1995.

23 (b) CONTENT OF REPORTS.—(1) Each report shall

24 contain—

25 (A) a discussion of the status of implementation

26 of United States proposals contained in section IV
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1 (relating to strengthening the United Nations) of the

2 document entitled ‘‘The Clinton Administration’s

3 Policy on Reforming Multilateral Peace Operations’’

4 that was issued by the Executive Office of the Presi5 dent in May 1994; and

6 (B) an analysis of the results of such implemen7 tation.

8 (2) Each report shall cover, at a minimum, the fol9 lowing matters:

10 (A) The reconfiguration and expansion of the

11 staff for the United Nations Department of Peace12 keeping Operations.

13 (B) The elimination by the United Nations of

14 lengthy, potentially disastrous delays after a peace

15 operation has been authorized.

16 (C) The establishment by the United Nations of

17 a professional peace operations training program for

18 commanders and other military and civilian person19 nel.

20 (D) United States assistance to facilitate im21 provements by the United Nations in the matters

22 described in subparagraphs (A) and (C) and the

23 terms under which such assistance has been or is

24 being provided.
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1 (c) DEFINITION.—Is this section, the term ‘‘peace op2 eration’’ means an operation to maintain or restore inter3 national peace and security under chapter VI or chapter

4 VII of the Charter of the United Nations.

5 SEC. 1032. SUPPORT FOR INTERNATIONAL PEACEKEEPING

6 AND PEACE ENFORCEMENT.

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the President should initiate consultations

10 with the bipartisan leadership of Congress, including

11 the leadership of the relevant committees, as far in

12 advance as possible regarding international peace13 keeping or peace enforcement activities of the Unit14 ed Nations that would involve the participation of

15 United States combat forces and such consultations

16 should continue throughout the duration of such ac17 tivities;

18 (2) the consultations should take place prior to

19 the vote by the United States on United Nations Se20 curity Council resolutions authorizing, extending, or

21 revising the mandates for these types of activities;

22 (3) United Nations Security Council resolutions

23 authorizing peacekeeping or peace enforcement ac24 tivities should clearly state the threat to inter25 national peace and security presented by the conflict
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1 in question, as well as the political and military ob2 jectives, the anticipated duration, and an exit strat3 egy for each activity;

4 (4) the United States should be fully reim5 bursed for troop contributions and assistance pro6 vided to United Nations peacekeeping and peace en7 forcement activities;

8 (5) the United Nations should rarely conduct

9 peace enforcement operations in view of the complex10 ity of such operations and the difficulty of achieving

11 unity of command and expeditious decisionmaking

12 through the United Nations;

13 (6) United States combat forces should be

14 under the operational control of qualified command15 ers and should have clear and effective command

16 and control arrangements, appropriate rules of en17 gagement, and clear and unambiguous mission state18 ments;

19 (7) United States combat forces should not be

20 under the command and control of foreign com21 manders in peace enforcement operations conducted

22 by the United Nations except in the most extraor23 dinary circumstances; and

24 (8) the Secretary of Defense should have the

25 lead responsibility within the executive branch for
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1 the management of peacekeeping and peace enforce2 ment activities of the United Nations in which

3 United States combat forces participate.

4 (b) SUPPORT AUTHORIZED.—(1) Section 403 of title

5 10, United States Code, is amended to read as follows:

6 ‘‘§ 403. International peacekeeping and international

7 peace enforcement: support involving

8 United States combat forces

9 ‘‘(a) AUTHORITY.—Notwithstanding any other provi10 sion of law, the Secretary of Defense may—

11 ‘‘(1) pay, out of funds in the Contributions for

12 International Peacekeeping and Peace Enforcement

13 Activities Fund established by subsection (g), the

14 United States fair share (as determined by the Sec15 retary) of assessments for international peacekeep16 ing or international peace enforcement activities of

17 the United Nations in which United States combat

18 forces participate; and

19 ‘‘(2) furnish assistance, on a reimbursable

20 basis, in support of such activities.

21 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

22 under this section may include supplies, services, and

23 equipment.

24 ‘‘(c) DETERMINATION REQUIRED.—No assessment

25 may be paid and no assistance may be furnished pursuant
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1 to this section unless the President determines that the

2 provision of assistance is in the national interest of the

3 United States.

4 ‘‘(d) ADVANCE NOTICE.—(1) In the case of any inter5 national peacekeeping or international peace enforcement

6 operation of the United Nations in which United States

7 combat forces are to participate, not less than 15 days

8 before an initial deployment of United States combat

9 forces, payment of a United Nations assessment, furnish10 ing of assistance of a value in excess of $14,000,000, or

11 waiver of reimbursement to the United States under sub12 section (e), the President shall transmit to the designated

13 congressional committees a report, which may be classified

14 in whole or in part, that contains the determination re15 quired by subsection (c) and the following matters:

16 ‘‘(A) A description of the threat to international

17 peace and security presented by the conflict involved.

18 ‘‘(B) The United States interests that will be

19 advanced by the operation and by the United States

20 action.

21 ‘‘(C) The political and military objectives of the

22 operation.

23 ‘‘(D) The exit criteria and likely duration of the

24 operation.
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1 ‘‘(E) The personnel and material resources that

2 have been pledged, or are otherwise expected to be

3 made available, by other nations to the United Na4 tions for the operation.

5 ‘‘(F) The units of the armed forces that will

6 participate.

7 ‘‘(G) The necessity for involvement of United

8 States forces.

9 ‘‘(H) The command arrangements for those

10 forces and, if any of the United States forces are to

11 be placed under the operational control of foreign

12 commanders, the justification for doing so.

13 ‘‘(I) The rules of engagement for the operation.

14 ‘‘(J) An assessment of the risks involved in the

15 operation.

16 ‘‘(K) In the case of payment of an assessment,

17 the amount to be paid and the terms under which

18 the payment is to be made.

19 ‘‘(L) In the case of assistance, the supplies,

20 services, or equipment to be provided by the United

21 States and the terms under which such supplies,

22 services, or equipment are to be provided.

23 ‘‘(M) In the case of a waiver of reimbursement,

24 the justification for the waiver.
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1 ‘‘(2) If the President determines that an unforeseen

2 emergency requires the immediate deployment of United

3 States combat troops or the immediate furnishing of as4 sistance of a value in excess of $14,000,000 under this

5 section, the President—

6 ‘‘(A) may waive the requirement of paragraph

7 (1) that a report be transmitted at least 15 days in

8 advance of the action; and

9 ‘‘(B) shall promptly notify the designated com10 mittees of such waiver and such deployment or

11 transfer.

12 ‘‘(e) REIMBURSEMENT.—(1) The President shall re13 quire reimbursement from the United Nations or from any

14 other source for the participation of any force of the

15 armed forces in support of international peacekeeping or

16 international peace enforcement activities of the United

17 Nations or for the provision of assistance by the Secretary

18 of Defense in support of such activities.

19 ‘‘(2) Any funds received as reimbursements shall be

20 used as follows:

21 ‘‘(A) As a first priority, for the payment of the

22 incremental costs of the military departments and

23 Defense Agencies providing the participating United

24 States forces or the supplies, services, or equipment

25 involved.
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1 ‘‘(B) As a second priority, for the payment of

2 the incremental costs of any other United States

3 forces that are operating in support of international

4 peacekeeping or international peace enforcement ac5 tivities but for which reimbursement is not possible.

6 ‘‘(3) After use of reimbursement funds for the pur7 poses specified in paragraph (2), any remainder of such

8 funds shall be credited to the Contributions for Inter9 national Peacekeeping and Peace Enforcement Activities

10 Fund established by subsection (g).

11 ‘‘(4) Reimbursements utilized for the payment of in12 cremental costs shall be credited, at the option of the Sec13 retary of the military department concerned or the head

14 of the Defense Agency concerned, either to an appropria15 tion, fund, or other account obligated to pay such costs

16 or to an appropriate appropriation, fund, or other account

17 available for paying such costs.

18 ‘‘(f) WAIVER OF REIMBURSEMENT.—The President

19 may waive, in whole or in part, any reimbursement re20 quired under subsection (a)(2) or (e) in exceptional cir21 cumstances upon determining that such waiver is in the

22 national interest of the United States.

23 ‘‘(g) ESTABLISHMENT OF ACCOUNT.—There is here24 by established in the Treasury of the United States a fund

25 to be known as the ‘Contributions for International Peace-
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1 keeping and Peace Enforcement Activities Fund’.

2 Amounts appropriated or otherwise credited to the Fund

3 shall be available until expended for, and shall be used

4 for, paying assessments for United Nations operations

5 under this section.

6 ‘‘(h) AUTHORITY INAPPLICABLE WHEN UNITED

7 STATES COMBAT FORCES NOT INVOLVED.—The author8 ity in subsection (a) to pay United Nations assessments

9 for international peacekeeping and international peace en10 forcement activities of the United Nations may not be con11 strued as authorizing payment of United Nations assess12 ments for any such activity in which United States combat

13 forces do not participate.

14 ‘‘(i) COORDINATION WITH OTHER LAWS.—This sec15 tion may not be construed as superseding any provision

16 of the War Powers Resolution. This section does not pro17 vide authority for the participation of United States com18 bat forces in any international peacekeeping or inter19 national peace enforcement operation.

20 ‘‘(j) DEFINITIONS.—In this section:

21 ‘‘(1) The term ‘designated congressional com22 mittees’ means the Committees on Armed Services,

23 Appropriations, and Foreign Relations of the Senate

24 and the Committees on Armed Services, Appropria-
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1 tions, and Foreign Affairs of the House of Rep2 resentatives.

3 ‘‘(2) The term ‘combat forces’ means forces of

4 the armed forces that have combat missions as pri5 mary missions.

6 ‘‘(3) The term ‘international peacekeeping’

7 means those activities performed pursuant to Chap8 ter VI of the United Nations Charter.

9 ‘‘(4) The term ‘international peace enforcement’

10 means those activities performed pursuant to Chap11 ter VII of the United Nations Charter.’’.

12 (2) The item relating to section 403 in the table of

13 sections at the beginning of subchapter I of chapter 20

14 of such title is amended to read as follows:

‘‘403. International peacekeeping and international peace enforcement: support

involving United States combat forces.’’.

15 (c) AUTHORIZED SUPPORT FOR FISCAL YEAR

16 1995.—Not more than $300,000,000 is authorized to be

17 appropriated for fiscal year 1995 for the Contributions for

18 International Peacekeeping and Peace Enforcement Ac19 tivities Fund under section 301(20).
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1 Subtitle E—Reporting

2 Requirements

3 SEC. 1041. REPORT ON OFFENSIVE BIOLOGICAL WARFARE

4 PROGRAM OF THE STATES OF THE FORMER

5 SOVIET UNION.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) The United States has identified non9 proliferation as a high priority in the conduct of

10 United States national security policy.

11 (2) The United States is seeking universal ad12 herence to global regimes that control nuclear, chem13 ical, and biological weapons and is promoting new

14 measures that provide increased transparency of bio15 logical weapons-related activities and facilities in an

16 effort to help deter violations of and enhance compli17 ance with the Biological Weapons Convention

18 (BWC).

19 (3) Questions continue to arise regarding offen20 sive biological weapons research, development, test21 ing production, and storage in the countries of the

22 former Soviet Union as well as in other countries.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that—
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1 (1) the President should continue to urge all

2 signatories to the Biological Weapons Convention to

3 comply fully with the terms of that convention and

4 with other international agreements relating to the

5 control of biological weapons; and

6 (2) as the President encourages increased

7 transparency of biological weapons-related activities

8 and facilities to deter violations of and enhance com9 pliance with the Biological Weapons Convention, the

10 President should also take appropriate actions to en11 sure that the United States is prepared to counter

12 the effects of use of biological weapons by others.

13 (c) REPORT REQUIRED.—Not later than 120 days

14 after the enactment of this Act, the Secretary of Defense

15 shall submit to the congressional defense committees a re16 port on the status of the offensive biological warfare pro17 gram in the Russian Federation and the other independ18 ent states of the former Soviet Union.

19 (d) CONTENT OF REPORT.—The report shall include

20 the following matters:

21 (1) An assessment of the extent of compliance

22 of the independent states of the former Soviet Union

23 with the Biological Weapons Convention and other

24 international agreements relating to the control of

25 biological weapons.
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1 (2) An evaluation of the extent of control and

2 oversight by the government of the Russian Federa3 tion over the former Soviet military and dual civil4 ian-military biological warfare programs.

5 (3) The extent, if any, of the biological warfare

6 agent stockpile in any of the independent states of

7 the former Soviet Union.

8 (4) The extent and scope, if any, of continued

9 biological warfare research, development, testing,

10 and production by such state, including the sites and

11 types of activity at those sites.

12 (5) An evaluation of the effectiveness of pos13 sible delivery systems of biological weapons, includ14 ing tube and rocket artillery, bomber aircraft, and

15 ballistic missiles.

16 (6) An evaluation of United States capabilities

17 to detect and monitor biological warfare research,

18 development, testing, production, and storage.

19 (7) On the basis of the assessment and evalua20 tions referred to in other paragraphs of this sub21 section, recommendations by the Secretary of De22 fense and Chairman of the Joint Chiefs of Staff for

23 the improvement of United States biological warfare

24 defense and counter-measures.
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1 (e) FORM OF REPORT.—The Secretary shall submit

2 the report in classified and unclassified versions.

3 (f) DEFINITIONS.—In this section:

4 (1) The term ‘‘Biological Weapons Convention’’

5 means the Convention on the Prohibition, Produc6 tion, and Stockpiling of Bacteriological (Biological)

7 and Toxin Weapons and on Their Destruction, done

8 at Washington, London, and Moscow on April 10,

9 1972.

10 (2) The term ‘‘independent states of the former

11 Soviet Union’’ has the same meaning given that

12 term in section 3 of the FREEDOM Support Act

13 (22 U.S.C. 5801).

14 SEC. 1042. CONTINUATION OF REQUIREMENTS FOR SUB15 MITTAL OF CERTAIN REPORTS TO CON16 GRESS.

17 (a) PRESERVATION OF REQUIREMENTS.—The re18 porting requirements set forth in the provisions of law re19 ferred to in subsection (b) shall not terminate under sub20 section (a) of section 1151 of the National Defense Au21 thorization Act for Fiscal Year 1994 (Public Law 103–

22 160; 107 Stat. 1758; 10 U.S.C. 113 note).

23 (b) COVERED REPORTS.—Subsection (a) applies to

24 the reports required under the following provisions of law:
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1 (1) Section 2662 of title 10, United States

2 Code, relating to reports on real property trans3 actions.

4 (2) Section 2672a(b) of title 10, United States

5 Code, relating to reports on urgent acquisitions of

6 land.

7 (3) Section 2687(b)(1) of title 10, United

8 States Code, relating to notifications of certain base

9 closures and realignments.

10 (4) Section 2690(b)(2) of title 10, United

11 States Code, relating to notifications of proposed

12 conversions of heating facilities at United States in13 stallations in Europe.

14 (5) Section 2804(b) of title 10, United States

15 Code, relating to reports on contingency military

16 construction projects.

17 (6) Section 2806(c)(2) of title 10, United

18 States Code, relating to reports on contributions for

19 NATO infrastructure in excess of amounts appro20 priated for such contributions.

21 (7) Subsections (b) and (c) of section 2807 of

22 title 10, United States Code, relating to notifications

23 and reports on architectural and engineering services

24 and construction design.
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1 (8) Section 2823(b) of title 10, United States

2 Code, relating to notifications regarding disagree3 ments between certain officials on the availability of

4 locations for suitable alternative housing for the De5 partment of Defense.

6 (9) Subsections (b) and (c) of section 2825 of

7 title 10, United States Code, relating to notifications

8 regarding improvements of family housing or con9 struction of replacement family housing.

10 (10) Section 2827(b) of title 10, United States

11 Code, relating to notifications regarding relocation of

12 military family housing units.

13 (11) Section 2835(g)(1) of title 10, United

14 States Code, relating to economic analyses on the

15 cost effectiveness of leasing family housing to be

16 constructed or rehabilitated.

17 (12) Section 2861(a) of title 10, United States

18 Code, relating to the annual report on military con19 struction activities and family housing activities.

20 (13) Subsections (e) and (f) of section 2865 of

21 title 10, United States Code, relating to notifications

22 regarding unauthorized energy conservation con23 struction projects and an annual report regarding

24 energy conservation actions.
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1 (14) Section 406(i) of title 37, United States

2 Code, relating to the annual report regarding de3 pendents accompanying members stationed outside

4 the United States in relation to the eligibility of such

5 members to receive travel and transportation allow6 ances.

7 (15) Section 1008(a) of title 37, United States

8 Code, relating to the annual report by the President

9 on adjustments of rates of pay and allowances for

10 members of the uniformed services.

11 (16) Section 326(a)(5) of the National Defense

12 Authorization Act for Fiscal Year 1993 (Public Law

13 102–484; 106 Stat. 2368; 10 U.S.C. 2301 note), re14 lating to reports on use of certain ozone-depleting

15 substances.

16 (17) Subsections (e) and (f) of section 2921 of

17 the National Defense Authorization Act for Fiscal

18 Year 1991 (10 U.S.C. 2687 note), relating to notifi19 cations regarding negotiations for payments-in-kind

20 for the release of improvements at overseas military

21 installations to host countries and an annual report

22 on the status and use of the Department of Defense

23 Overseas Military Facility Investment Recovery Ac24 count.
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1 (18) Section 1505(f)(3) of the Military Child

2 Care Act of 1989 (title XV of Public Law 101–189;

3 103 Stat. 1594; 10 U.S.C. 113 note), relating to re4 ports on closures of military child development cen5 ters.

6 (19) Subsections (a) and (d) of section 7 of the

7 Organotin Antifouling Paint Control Act of 1988

8 (Public Law 100–133; 102 Stat. 607; 33 U.S.C.

9 2406), relating to the annual report on the monitor10 ing of estuaries and near-coastal waters for con11 centrations of organotin.

12 Subtitle F—Acceptance of Pre-re13 lease Services of Nonviolent Of14 fenders

15 SEC. 1051. USE OF INMATE LABOR AT MILITARY INSTALLA16 TIONS.

17 (a) USE OF INMATE LABOR AUTHORIZED.—Chapter

18 155 of title 10, United States Code, is amended by adding

19 at the end the following new section:

20 ‘‘§ 2610. Acceptance of services of inmates of State

21 and local correctional facilities

22 ‘‘(a) USE OF INMATE LABOR.—Subject to subsection

23 (c), the Secretary of a military department may accept in

24 accordance with this section the services of nonviolent of25 fenders incarcerated in a correctional facility of a State
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1 or local government. Services so accepted shall be per2 formed at a military installation in the vicinity of the cor3 rectional facility pursuant to an agreement entered into

4 by the Secretary and the chief executive of the State or

5 local government.

6 ‘‘(b) AUTHORIZED SERVICES.—The services author7 ized to be accepted are as follows:

8 ‘‘(1) Construction, maintenance, or repair of

9 roads.

10 ‘‘(2) Construction of levees or other flood pre11 vention structures.

12 ‘‘(3) Construction, maintenance, or repair of

13 any other public ways or works.

14 ‘‘(4) Clearance, maintenance, or reforesting of

15 public lands.

16 ‘‘(5) Custodial services.

17 ‘‘(c) CONDITIONS FOR ACCEPTANCE OF SERVICES.—

18 The Secretary may accept the services of nonviolent of19 fenders for a military installation under this section only

20 if the Secretary finds that—

21 ‘‘(1) Federal Government employees and con22 tractor employees performing services at the installa23 tion will not be displaced;

24 ‘‘(2) no contract for the provision of services at

25 the installation will otherwise be impaired; and
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1 ‘‘(3) in the case of services in any skill, craft,

2 or trade, there is no surplus of labor for hire in such

3 skill, craft, or trade in the vicinity of the installa4 tion.

5 ‘‘(d) LIMITATION ON PAYMENTS TO CUSTODIAL GOV6 ERNMENTS.—(1) Except as provided in paragraph (2), the

7 Secretary of a military department may not compensate

8 a State or local government for the costs incurred by such

9 government in the provision of services accepted under

10 this section.

11 ‘‘(2) The Secretary may—

12 ‘‘(A) reimburse a State or local government for

13 administrative and other costs directly incurred by

14 that government in making available and supervising

15 offenders as they provide services accepted under

16 this section; and

17 ‘‘(B) pay a nominal amount to the State or

18 local government in order to support any alcohol and

19 drug abuse treatment programs conducted by that

20 government for the offenders who provide such serv21 ices.

22 ‘‘(e) PROHIBITION ON COMPENSATION OF IN23 MATES.—The Secretary may not compensate any offender

24 for services accepted under this section.
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1 ‘‘(f) SUPPORT AUTHORIZED.—The Secretary may

2 provide equipment, supplies, or other materials to be used

3 by offenders in the provision of services accepted under

4 this section.

5 ‘‘(g) INAPPLICABILITY OF OTHER LAWS.—The fol6 lowing provisions of law shall not apply with respect to

7 services accepted under this section:

8 ‘‘(1) Section 1342 of title 31.

9 ‘‘(2) The Fair Labor Standards Act of 1938

10 (29 U.S.C. 201 et seq.).

11 ‘‘(3) The Act entitled ‘An Act relating to the

12 rate of wages for laborers and mechanics employed

13 on public buildings of the United States and the

14 District of Columbia by contractors and subcontrac15 tors, and for other purposes’, approved March 3,

16 1931 (46 Stat. 1494; 40 U.S.C. 276a et seq.), com17 monly referred to as the ‘Davis-Bacon Act’.

18 ‘‘(4) The Act entitled ‘An Act to provide condi19 tions for the purchases of supplies and the making

20 of contracts by the United States, and for other pur21 poses’, approved June 30, 1936 (49 Stat. 2036; 41

22 U.S.C. 35 et seq.), commonly referred to as the

23 ‘Walsh-Healey Act’.

24 ‘‘(5) The Service Contract Act of 1965 (41

25 U.S.C. 351 et seq.).’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following:

‘‘2610. Acceptance of services of inmates of State and local correctional facilities.’’.

4 SEC. 1052. REVISION OF AUTHORITY FOR USE OF NAVY IN5 STALLATIONS TO PROVIDE EMPLOYMENT

6 TRAINING TO NONVIOLENT OFFENDERS IN

7 STATE PENAL SYSTEMS.

8 (a) SOURCES OF TRAINING.—Subsection (b) of sec9 tion 1374 of the National Defense Authorization Act for

10 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1821;

11 10 U.S.C. 5013 note) is amended—

12 (1) by striking out the subsection caption and

13 inserting in lieu thereof ‘‘SOURCES OF TRAIN14 ING.—’’; and

15 (2) by inserting before the period at the end the

16 following: ‘‘or may provide such training directly at

17 such installations by agreement with the State con18 cerned’’.

19 (b) LIABILITY AND INDEMNIFICATION.—Subsection

20 (e) of such section is amended—

21 (1) by inserting ‘‘(1)’’ before ‘‘A nonprofit orga22 nization’’; and

23 (2) by adding at the end the following:
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1 ‘‘(2) In any case in which the Secretary provides

2 prerelease employment training directly by agreement with

3 the State concerned, the State shall—

4 ‘‘(A) be liable for any loss or damage to Federal

5 Government property that may result from, or in

6 connection with, the provision of the training except

7 to the extent that the loss or damage results from

8 a wrongful act or omission of Federal Government

9 personnel; and

10 ‘‘(B) hold harmless and indemnify the United

11 States from and against any suit, claim, demand, ac12 tion, or liability arising out of any claim for personal

13 injury or property damage that may result from, or

14 in connection with, the provision of the training ex15 cept to the extent that the personal injury or prop16 erty damage results from a wrongful act or omission

17 of Federal Government personnel.’’.

18 SEC. 1053. USE OF ARMY INSTALLATIONS TO PROVIDE EM19 PLOYMENT TRAINING TO NONVIOLENT OF20 FENDERS IN STATE PENAL SYSTEMS.

21 (a) DEMONSTRATION PROJECT AUTHORIZED.—The

22 Secretary of the Army may conduct a demonstration

23 project to test the feasibility of using Army facilities to

24 provide employment training to nonviolent offenders in a

25 State penal system prior to their release from incarcer-
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1 ation. The demonstration project shall be limited to not

2 more than three military installations under the jurisdic3 tion of the Secretary.

4 (b) SOURCES OF TRAINING.—The Secretary may

5 enter into a cooperative agreement with one or more pri6 vate, nonprofit organizations for purposes of providing at

7 the military installations included in the demonstration

8 project the prerelease employment training authorized

9 under subsection (a) or may provide such training directly

10 at such installations by agreement with the State con11 cerned.

12 (c) USE OF FACILITIES.—Under a cooperative agree13 ment entered into under subsection (b), the Secretary may

14 lease or otherwise make available to a nonprofit organiza15 tion participating in the demonstration project at a mili16 tary installation included in the demonstration project any

17 real property or facilities at the installation that the Sec18 retary considers to be appropriate for use to provide the

19 prerelease employment training authorized under sub20 section (a). Notwithstanding section 2667(b)(4) of title

21 10, United States Code, the use of such real property or

22 facilities may be permitted with or without reimburse23 ment.

24 (d) ACCEPTANCE OF SERVICES.—Notwithstanding

25 section 1342 of title 31, United States Code, the Secretary
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1 may accept voluntary services provided by persons partici2 pating in the prerelease employment training authorized

3 under subsection (a).

4 (e) LIABILITY AND INDEMNIFICATION.—(1) A non5 profit organization participating in the demonstration

6 project shall—

7 (A) be liable for any loss or damage to Federal

8 Government property that may result from, or in

9 connection with, the provision of prerelease employ10 ment training by the organization under the dem11 onstration project; and

12 (B) hold harmless and indemnify the United

13 States from and against any suit, claim, demand, ac14 tion, or liability arising out of any claim for personal

15 injury or property damage that may result from or

16 in connection with the demonstration project.

17 (2) In any case in which the Secretary provides

18 prerelease employment training directly by agreement with

19 the State concerned, the State shall—

20 (A) be liable for any loss or damage to Federal

21 Government property that may result from, or in

22 connection with, the provision of the training except

23 to the extent that the loss or damage results from

24 a wrongful act or omission of Federal Government

25 personnel; and
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1 (B) hold harmless and indemnify the United

2 States from and against any suit, claim, demand, ac3 tion, or liability arising out of any claim for personal

4 injury or property damage that may result from, or

5 in connection with, the provision of the training ex6 cept to the extent that the personal injury or prop7 erty damage results from a wrongful act or omission

8 of Federal Government personnel.

9 (f) REPORT.—Not later than two years after the date

10 of the enactment of this Act, the Secretary shall submit

11 to Congress a report evaluating the success of the dem12 onstration project and containing such recommendations

13 with regard to the termination, continuation, or expansion

14 of the demonstration project as the Secretary considers

15 appropriate.

16 Subtitle G—Other Matters

17 SEC. 1061. REDESIGNATION OF UNITED STATES COURT OF

18 MILITARY APPEALS AND THE COURTS OF

19 MILITARY REVIEW.

20 (a) UNITED STATES COURT OF APPEALS FOR THE

21 ARMED SERVICES.—Section 941 of title 10, United States

22 Code (article 141 of the Uniform Code of Military Jus23 tice), is amended by striking out ‘‘United States Court of

24 Military Appeals’’ and inserting in lieu thereof ‘‘United

25 States Court of Appeals for the Armed Services’’.
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1 (b) COURTS OF MILITARY CRIMINAL APPEALS.—Sec2 tion 866 of title 10, United States Code (article 66 of the

3 Uniform Code of Military Justice), is amended by striking

4 out ‘‘Court of Military Review’’ each place it appears and

5 inserting in lieu thereof ‘‘Court of Military Criminal Ap6 peals’’.

7 (c) CONFORMING AMENDMENTS TO TITLE 10.—(1)

8 The following sections of title 10, United States Code, are

9 amended by striking out ‘‘Court of Military Appeals’’ each

10 place it appears and inserting in lieu thereof ‘‘Court of

11 Appeals for the Armed Services’’: sections 707(a)(2),

12 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944,

13 945, and 946(b)(1).

14 (2) The following sections of title 10, United States

15 Code, are amended by striking out ‘‘Court of Military Re16 view’’ each place it appears and inserting in lieu thereof

17 ‘‘Court of Military Criminal Appeals’’: sections 707(a)(2),

18 862(b), 867, 868, 869, 870, 871, and 873.

19 (3)(A) The heading of subchapter XII of chapter 47

20 of such title is amended to read as follows:

21 ‘‘SUBCHAPTER XII—UNITED STATES COURT OF

22 APPEALS FOR THE ARMED SERVICES’’.

23 (B) The table of subchapters at the beginning of

24 chapter 47 of such title is amended by striking out the
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1 item relating to subchapter XII and inserting in lieu there2 of the following:

‘‘XII. United States Court of Appeals for the Armed Services ....... 941 141’’.

3 (4)(A) The heading of section 866 of such title is

4 amended to read as follows:

5 ‘‘§ 867. Art. 66. Review by Court of Military Criminal

6 Appeals’’.

7 (B) The heading of section 867 of such title is

8 amended to read as follows:

9 ‘‘§ 867. Art. 67. Review by the Court of Appeals for the

10 Armed Services’’.

11 (C) The table of sections at the beginning of sub12 chapter IX of chapter 47 of such title is amended by strik13 ing out the items relating to sections 866 and 867 (articles

14 66 and 67) and inserting in lieu thereof the following:

‘‘866. 66. Review by Court of Military Criminal Appeals.

‘‘867. 67. Review by the Court of Appeals for the Armed Services.’’.

15 (d) CONFORMING AMENDMENTS TO OTHER UNITED

16 STATES CODE TITLES.—(1) The following provisions of

17 the United States Code are amended by striking out

18 ‘‘Court of Military Appeals’’ each place it appears and in19 serting in lieu thereof ‘‘Court of Appeals for the Armed

20 Services’’:

21 (A) In title 5, sections 8334(a)(1), 8336(l),

22 8337(a), 8338(c), 8339(d)(7), and 8339(h) and the

23 table in 8334(c).
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1 (B) In title 18, sections 202(e)(2) and 6001(4).

2 (C) In title 28, sections 1259 and 2101(g).

3 (D) In title 44, section 906.

4 (2)(A) The heading of section 1259 of title 28, Unit5 ed States Code, is amended to read as follows:

6 ‘‘§ 1259. Court of Appeals for the Armed Services; cer7 tiorari’’.

8 (B) The table of sections at the beginning of chapter

9 81 of such title is amended by striking out the item relat10 ing to section 1259 and inserting in lieu thereof the follow11 ing:

‘‘1259. Court of Appeals for the Armed Services; certiorari.’’.

12 (e) CONFORMING AMENDMENT TO OTHER LAW.—

13 Section 109 of the Ethics in Government Act of 1978 (5

14 U.S.C. App.) is amended by striking out ‘‘Court of Mili15 tary Appeals’’ each place it appears in paragraphs (8) and

16 (10) and inserting in lieu thereof ‘‘Court of Appeals for

17 the Armed Services’’.

18 SEC. 1062. ASSISTANCE TO FAMILY MEMBERS OF CERTAIN

19 POW/MIAS WHO REMAIN UNACCOUNTED FOR.

20 (a) SINGLE POINT OF CONTACT.—The Secretary of

21 Defense shall designate an official of the Department of

22 Defense to serve as a single point of contact within the

23 department—
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1 (1) for the immediate family members (or their

2 designees) of any unaccounted-for Korean conflict

3 POW/MIA; and

4 (2) for the immediate family members (or their

5 designees) of any unaccounted-for Cold War POW/

6 MIA.

7 (b) FUNCTIONS.—The official designated under sub8 section (a) shall serve as a liaison between the family

9 members of unaccounted-for Korean conflict POW/MIAs

10 and unaccounted-for Cold War POW/MIAs and the De11 partment of Defense and other Federal departments and

12 agencies that may hold information that may related to

13 such POW/MIAs. The functions of that official shall in14 clude assisting family members—

15 (1) with the procedures the family may follow

16 in their search for information about the unac17 counted-for Korean conflict POW/MIA or unac18 counted-for Cold War POW/MIA, as the case may

19 be;

20 (2) in learning where they may locate informa21 tion about the unaccounted-for POW/MIA; and

22 (3) in learning how and where to identify classi23 fied records that contain pertinent information and

24 that will be declassified.
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1 (c) ASSISTANCE IN OBTAINING DECLASSIFICA2 TION.—The official designated under subsection (a) shall

3 seek to obtain the rapid declassification of any relevant

4 classified records that are identified.

5 (d) REPOSITORY.—The official designated under sub6 section (a) shall provide for a centralized repository for

7 all documents relating to unaccounted-for Korean conflict

8 POW/MIAs and unaccounted-for Cold War POW/MIAs

9 that are located as a result of the official’s efforts.

10 (e) DEFINITIONS.—For purposes of this section:

11 (1) The term ‘‘unaccounted-for Korean conflict

12 POW/MIA’’ means a member of the Armed Forces

13 or civilian employee of the United States who, as a

14 result of service during the Korean conflict, was at

15 any time classified as a prisoner of war or missing16 in-action or otherwise unaccounted for and whose

17 person or remains have not been returned to the

18 United States and who remains unaccounted for.

19 (2) The term ‘‘unaccounted-for Cold War POW/

20 MIA’’ means a member of the Armed Forces or ci21 vilian employee of the United States who, as a result

22 of service during the period from September 2,

23 1945, to August 21, 1991, was at any time classified

24 as a prisoner of war or missing-in-action or other25 wise unaccounted for and whose person or remains
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1 have not been returned to the United States and

2 who remains unaccounted for.

3 (3) The term ‘‘Korean conflict’’ has the mean4 ing given such term in section 101(9) of title 38,

5 United States Code.

6 SEC. 1063. NATIONAL GUARD ASSISTANCE FOR CERTAIN

7 YOUTH AND CHARITABLE ORGANIZATIONS.

8 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Chapter

9 5 of title 32, United States Code, is amended by adding

10 at the end the following:

11 ‘‘§ 508. Assistance for certain youth and charitable or12 ganizations

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

14 and units of the National Guard may provide the services

15 described in subsection (b) to an eligible organization in

16 conjunction with training required under this chapter in

17 any case in which—

18 ‘‘(1) the provision of such services does not ad19 versely affect the quality of that training or other20 wise interfere with the ability of a member or unit

21 of the National Guard to perform the military func22 tions of the member or unit;

23 ‘‘(2) the services to be provided are not com24 mercially available, or any commercial entity that

25 would otherwise provide such services has approved,
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1 in writing, the provision of such services by the Na2 tional Guard;

3 ‘‘(3) National Guard personnel will enhance

4 their military skills as a result of providing such

5 services; and

6 ‘‘(4) the provision of the services will not result

7 in a significant increase in the cost of the training.

8 ‘‘(b) AUTHORIZED SERVICES.—The services author9 ized to be provided under subsection (a) are as follows:

10 ‘‘(1) Ground transportation.

11 ‘‘(2) Air transportation in support of Special

12 Olympics.

13 ‘‘(3) Administrative support services.

14 ‘‘(4) Technical training services.

15 ‘‘(5) Emergency medical assistance and serv16 ices.

17 ‘‘(6) Communications services.

18 ‘‘(7) Security services.

19 ‘‘(c) OTHER AUTHORIZED ASSISTANCE.—Facilities

20 and equipment of the National Guard, including military

21 property of the United States issued to the National

22 Guard and General Services Administration vehicles

23 leased to the National Guard, and General Services Ad24 ministration vehicles leased to the Department of Defense,
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1 may be used in connection with providing services to any

2 eligible organization under this section.

3 ‘‘(d) ELIGIBLE ORGANIZATIONS.—The organizations

4 eligible to receive services under this section are as follows:

5 ‘‘(1) The Boy Scouts of America.

6 ‘‘(2) The Girl Scouts of America.

7 ‘‘(3) The Boys Clubs of America.

8 ‘‘(4) The Girls Clubs of America.

9 ‘‘(5) The Young Men’s Christian Association.

10 ‘‘(6) The Young Women’s Christian Associa11 tion.

12 ‘‘(7) The Civil Air Patrol.

13 ‘‘(8) The United States Olympic Committee.

14 ‘‘(9) The Special Olympics.

15 ‘‘(10) The Campfire Boys.

16 ‘‘(11) The Campfire Girls.

17 ‘‘(12) The 4–H Club.

18 ‘‘(13) The Police Athletic League.

19 ‘‘(14) Any other youth or charitable organiza20 tion designated by the Secretary of Defense.’’.

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

22 at the beginning of such chapter is amended by adding

23 at the end the following:

‘‘508. Assistance for certain youth and charitable organizations.’’.
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1 SEC. 1064. DEFENSE MAPPING AGENCY.

2 (a) UNAUTHORIZED USE OF NAME.—Chapter 167 of

3 title 10, United States Code, is amended by adding at the

4 end the following new section:

5 ‘‘§ 2798. Unauthorized use of Defense Mapping Agen6 cy name, initials, or seal

7 ‘‘(a) No person may, except with the written permis8 sion of the Secretary of Defense, knowingly use the words

9 ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of

10 the Defense Mapping Agency, or any colorable imitation

11 of such words, initials, or seal in connection with any mer12 chandise, retail product, impersonation, solicitation or

13 commercial activity in a manner reasonably calculated to

14 convey the impression that such use is approved, endorsed,

15 or authorized by the Secretary of Defense.

16 ‘‘(b) Whenever it appears to the Attorney General

17 that any person is engaged or about to engage in an act

18 or practice which constitutes or will constitute conduct

19 prohibited by subsection (a), the Attorney General may

20 initiate a civil proceeding in a district court of the United

21 States to enjoin such act or practice. Such court shall pro22 ceed as soon as practicable to hearing and determination

23 of such action and may, at any time before such final de24 termination, enter such restraining orders or prohibitions,

25 or take such other action as is warranted, to prevent in-
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1 jury to the United States or to any person or class of per2 sons for whose protection the action is brought.’’.

3 (b) LIMITATION ON LIABILITY RELATING TO NAVI4 GATIONAL AIDS.—Chapter 167 of such title, as amended

5 by subsection (a), is further amended by adding at the

6 end the following new section:

7 ‘‘§ 2799. Civil actions barred

8 ‘‘(a) CLAIMS BARRED.—No civil action may be

9 brought against the United States on the basis of the con10 tent of a navigational aid prepared or disseminated by the

11 Defense Mapping Agency.

12 ‘‘(b) NAVIGATIONAL AIDS COVERED.—Subsection (a)

13 applies with respect to a navigational aid in the form of

14 a map, a chart, or a publication and any other form or

15 medium of product or information in which the Defense

16 Mapping Agency prepares or disseminates navigational

17 aids.’’.

18 (c) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by adding

20 at the end the following new item:

‘‘2798. Unauthorized use of Defense Mapping Agency name, initials, or seal.

‘‘2799. Civil actions barred.’’.

21 (d) EFFECTIVE DATE.—Section 2799 of title 10,

22 United States Code, as added by subsection (b), shall take

23 effect on the date of the enactment of this Act and shall

24 apply with respect to (1) civil actions brought before such
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1 date that are pending adjudication on such date, and (2)

2 civil actions brought on or after such date.

3 SEC. 1065. TRANSFER OF NAVAL VESSELS TO BRAZIL.

4 (a) AUTHORITY.—The Secretary of the Navy is au5 thorized to transfer to the Government of Brazil the

6 ‘‘KNOX’’ class frigates, MILLER (FF 1091) and

7 VALDEZ (FF 1096). Such transfers shall be on a lease

8 basis under chapter 6 of the Arms Export Control Act

9 (22 U.S.C. 2796 et seq.).

10 (b) WAIVER OF REQUIREMENTS FOR NOTIFICATION

11 TO CONGRESS.—Section 62 of the Arms Export Control

12 Act does not apply with respect to a lease authorized by

13 subsection (a), except that section 62 of such Act shall

14 apply to any renewal of the lease.

15 (c) COSTS OF TRANSFERS.—Any expense of the

16 United States in connection with a transfer authorized by

17 subsection (a) shall be charged to the Government of

18 Brazil.

19 (d) EXPIRATION OF AUTHORITY.—The authority

20 granted by subsection (a) shall expire at the end of the

21 2-year period beginning on the date of the enactment of

22 this Act, except that leases entered into during that period

23 may be renewed.
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1 SEC. 1066. TRANSFERS OF M1A1 TANKS TO THE MARINE

2 CORPS.

3 (a) TRANSFER REQUIRED.—Subject to subsection

4 (b), as M1A1 tanks of the Army become excess to the re5 quirements of the active component of the Army, the Sec6 retary of the Army shall transfer to the Marine Corps as

7 many of such tanks as are necessary to satisfy the require8 ments of the Marine Corps for tanks, as determined by

9 the Secretary of Defense.

10 (b) TRANSFER LIMITS.—The Secretary shall transfer

11 under subsection (a) not less than 84 M1A1 common

12 tanks and not more than 124 such tanks.

13 (c) EXCLUSION OF CERTAIN TRANSFERS.—If any of

14 the tanks transferred under subsection (a) are transferred

15 to the Marine Corps Reserve, the number of tanks not

16 in excess of 48 that are so transferred shall not be counted

17 for purposes of subsection (b).

18 (d) LIMITATION ON TRANSFERS TO ARMY NATIONAL

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

20 Secretary of the Army may not transfer any additional

21 M1A1 tanks to the Army National Guard until the re22 quirements of the Marine Corps referred to in subsection

23 (a) are satisfied within the limits provided in subsection

24 (b).

25 (e) TREATMENT OF CERTAIN TRANSFERRED TANKS

26 UNDER LIMITATIONS.—The transfer of a tank under sec-
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1 tion 112 shall not be counted for purposes of subsection

2 (a), (b), (c), or (d).

3 SEC. 1067. LIMITATION REGARDING MERGER OF TELE4 COMMUNICATIONS SYSTEMS.

5 (a) LIMITATION.—Funds available to the Depart6 ment of Defense may not be expended to merge defense

7 telecommunications systems with the telecommunications

8 system known as ‘‘FTS–2000’’ or with any other civil tele9 communications system until—

10 (1) the Secretary of Defense submits to the

11 congressional defense committees a report contain12 ing—

13 (A) a certification by the Secretary that

14 the merged telecommunications systems, includ15 ing the associated services, will provide assured,

16 secure telecommunications support for Depart17 ment of Defense activities; and

18 (B) a description of how the merger of the

19 systems will be implemented and the merged

20 systems will be managed to meet defense infor21 mation infrastructure requirements, including

22 requirements to support deployed forces and in23 telligence activities; and

24 (2) 30 days elapse after the date on which such

25 report is received by the committees.
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1 (b) DEFENSE TELECOMMUNICATIONS ACTIVITY DE2 FINED.—In this section, the term ‘‘defense telecommuni3 cations system’’ means a system of telecommunications

4 equipment and services that, pursuant to section 2315 of

5 title 10, United States Code, is exempt from the require6 ments of section 111 of the Federal Property and Admin7 istrative Services Act of 1949.

8 DIVISION B—MILITARY CON9 STRUCTION AUTHORIZA10 TIONS

11 SEC. 2001. SHORT TITLE.

12 This division may be cited as the ‘‘Military Construc13 tion Authorization Act for Fiscal Year 1995’’.

14 TITLE XXI—ARMY

15 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 (a) INSIDE THE UNITED STATES.—Using amounts

18 appropriated pursuant to the authorization of appropria19 tions in section 2104(a)(1), the Secretary of the Army

20 may acquire real property and carry out military construc21 tion projects in the total amount of $393,550,000 for the

22 installations and locations inside the United States, and

23 in the amounts for such installations and locations, set

24 forth in the following table:
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Army: Inside the United States

State Installation or location Amount

Alabama .................. Redstone Arsenal ......................... $2,600,000

Georgia ................... Fort Benning ............................... $6,550,000

Fort Gordon ................................. $44,750,000

Hawaii ..................... Schofield Barracks ....................... $25,000,000

Kentucky ................. Fort Campbell .............................. $67,400,000

Fort Knox .................................... $5,300,000

Maryland ................. Adelphi Laboratory Center .......... $6,600,000

Fort Ritchie .................................. $3,600,000

New Jersey ............. Bayonne Military Ocean Terminal $4,050,000

New York ................ United States Military Academy,

West Point .................................. $28,000,000

North Carolina ........ Fort Bragg ................................... $29,000,000

Sunny Point Military Ocean Terminal ........................................... $22,200,000

Oklahoma ................ Fort Sill ........................................ $18,000,000

South Carolina ........ Charleston Naval Weapons Station.$24,000,000

Texas ...................... Fort Hood .................................... $29,000,000

Fort Sam Houston ....................... $4,300,000

Virginia ................... Fort Myer ..................................... $7,300,000

Washington ............. Fort Lewis .................................... $64,000,000

CONUS Classified .. Classified Location ....................... $1,900,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects in the total amount of $31,400,000 for the

6 installation and location outside the United States, and

7 in the amount, set forth in the following table:

Army: Outside the United States

Country or other Installation or location Amount

Kwajalein Atoll ........... Kwajalein ................................... $6,400,000

Worldwide ................... Host Nation Support ................ $25,000,000
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1 SEC. 2102. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(5)(A), the Secretary of the

5 Army may construct or acquire family housing units (in6 cluding land acquisition) in the total amount of

7 $117,750,000 at the installations, for the purposes, and

8 in the amounts for such installations set forth in the fol9 lowing 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 ............. Helemano Military Reservation Roadway improvements

for family

housing.

$3,500,000

Schofield Barracks ................ 190 units ......... $26,000,000

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

10 (b) PLANNING AND DESIGN.—Using amounts appro11 priated pursuant to the authorization of appropriations in

12 section 2104(a)(5)(A), the Secretary of the Army may

13 carry out architectural and engineering services and con14 struction design activities with respect to the construction
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1 or improvement of family housing units in an amount not

2 to exceed $5,992,000.

3 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States

6 Code, and using amounts appropriated pursuant to the

7 authorization of appropriations in section 2104(a)(5)(A),

8 the Secretary of the Army may improve existing military

9 family housing in an amount not to exceed $49,760,000.

10 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

11 (a) IN GENERAL.—Funds are hereby authorized to

12 be appropriated for fiscal years beginning after September

13 30, 1994, for military construction, land acquisition, and

14 military family housing functions of the Department of the

15 Army in the total amount of $1,668,086,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2101(a),

18 $393,550,000.

19 (2) For military construction projects outside

20 the United States authorized by section 2101(b),

21 $31,400,000.

22 (3) For unspecified minor military construction

23 projects authorized by section 2805 of title 10,

24 United States Code, $12,000,000.
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1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $63,926,000.

4 (5) For military family housing functions:

5 (A) For construction and acquisition of

6 military family housing and facilities,

7 $173,502,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $1,007,708,000, of which not more than

12 $243,442,000 may be obligated or expended for

13 the leasing of military family housing world14 wide.

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and

18 any other cost variation authorized by law, the total cost

19 of all projects carried out under section 2101 of this Act

20 may not exceed the total amount authorized to be appro21 priated under paragraphs (1) and (2) of subsection (a).
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1 SEC. 2105. RELOCATION OF ARMY FAMILY HOUSING UNITS

2 FROM FORT HUNTER LIGGETT, CALIFORNIA,

3 TO FORT STEWART, GEORGIA.

4 Section 2102(a) of the Military Construction Author5 ization Act for Fiscal Year 1992 (division B of Public Law

6 102–190; 105 Stat. 1511) is amended—

7 (1) by striking out paragraph (1) and inserting

8 in lieu thereof the following new paragraph (1):

9 ‘‘(1) Fort Hunter Liggett, California, one hun10 dred fifty-four units, $12,300,000.’’; and

11 (2) by striking out paragraph (5) and inserting

12 in lieu thereof the following new paragraph (5):

13 ‘‘(5) Fort Stewart, Georgia, one hundred twen14 ty-one units, $9,890,000.’’.

15 TITLE XXII—NAVY

16 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

17 ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts

19 appropriated pursuant to the authorization of appropria20 tions in section 2204(a)(1), the Secretary of the Navy may

21 acquire real property and carry out military construction

22 projects in the total amount of $224,180,000 for the in23 stallations and locations inside the United States, and in

24 the amounts for such installations and locations, set forth

25 in the following table:
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Navy: Inside the United States

State Installation or location Amount

California ................ Camp Pendleton Amphibious Task

Force .................................................. $10,700,000

Camp Pendleton Marine Corp Base .... $570,000

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 Naval 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 ........................................ $4,900,000

Illinois ..................... Great Lakes Navy Public Works Center ....................................................... $13,000,000

New Jersey ............. Lakehurst Naval Air Warfare Center .. $2,950,000

New Mexico ............. White Sands Naval Ordnance Missile

Test Station ....................................... $1,390,000

North Carolina ........ Cherry Point Marine Corps Air Station ..................................................... $2,100,000

Camp Lejeune Marine Corp Base ....... $14,850,000

Rhode Island ........... Newport Naval Education and Training Center .......................................... $14,500,000

South Carolina ........ Parris Island Marine Corps Recruit

Depot .................................................. $2,550,000

Texas ...................... Ingleside Naval Station ....................... $14,110,000

Virginia ................... Chesapeake Naval Security Group Activity ................................................... $1,150,000

Dam Neck Fleet Combat Training

Center ................................................. $1,600,000

Norfolk Marine Corps Security Force

Battalion Atlantic .............................. $6,480,000

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

Various Locations ... Aircraft Fire Rescue and Vehicle

Maintenance Facilities ....................... $2,200,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may
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1 acquire real property and carry out military construction

2 projects in the total amount of $50,810,000 for the instal3 lations and locations outside the United States, and in the

4 amounts for such installations and locations, set forth in

5 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 Maritime

Communications Center ............. $3,900,000

6 SEC. 2202. FAMILY HOUSING.

7 (a) CONSTRUCTION AND ACQUISITION.—Using

8 amounts appropriated pursuant to the authorization of ap9 propriations in section 2204(a)(5)(A), the Secretary of the

10 Navy may construct or acquire family housing units (in11 cluding land acquisition) in the total amount of

12 $49,012,000 at the installations, for the purposes, and in

13 the amounts for such installations and purposes set forth

14 in the following table:

Navy: Family Housing

State Installation Purpose Amount

California ......... Camp Pendleton

Marine Corps

Base ................. 196 units .......... $28,552,000

San Diego Naval

Public Works

Center .............. 136 units .......... $18,262,000
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Navy: Family Housing—Continued

State Installation Purpose Amount

Maryland .......... Patuxent River

Naval Air Station ................... Housing Office . $863,000

Virginia ............ Norfolk Naval

Public Works

Center .............. Warehouse/Self

Help Center. $555,000

Washington ...... Everett Naval Station ................... Housing Office . $780,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(A), the Secretary of the Navy may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $24,681,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2204(a)(5)(A),

13 the Secretary of the Navy may improve existing military

14 family housing units in the amount of $155,602,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (a) IN GENERAL.—Funds are hereby authorized to

17 be appropriated for fiscal years beginning after September

18 30, 1994, for military construction, land acquisition, and
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1 military family housing functions of the Department of the

2 Navy in the total amount of $1,492,264,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2201(a),

5 $224,180,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2201(b),

8 $50,810,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $7,000,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $43,380,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition of

17 military family housing and facilities,

18 $229,295,000.

19 (B) For support of military family housing

20 (including functions described in section 2833

21 of title 10, United States Code), $937,599,000,

22 of which not more than $114,336,000 may be

23 obligated or expended for the leasing of military

24 family housing units worldwide.
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1 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 2201 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 SEC. 2205. AUTHORITY TO CARRY OUT CONSTRUCTION

9 PROJECT, NAVAL SUPPLY CENTER, PENSA10 COLA, FLORIDA.

11 Funds appropriated by the Military Construction Ap12 propriations Act, 1994 (Public Law 103–110; 107 Stat.

13 1037) that are available for construction of a cold storage

14 facility at Naval Supply Center, Pensacola, Florida, in ac15 cordance with authorizations provided in section 2201(a)

16 of the Military Construction Authorization Act for Fiscal

17 Year 1992 (division B of Public Law 102–190; 105 Stat.

18 1514), as enacted, may be expended for the portion of the

19 construction of such facility that is associated with De20 partment of the Navy contract N62467–86–C–0421.

21 SEC. 2206. RELOCATION OF PASCAGOULA COAST GUARD

22 STATION, MISSISSIPPI.

23 (a) AGREEMENT ON RELOCATION.—Not later than

24 90 days after the date of the enactment of this Act, the

25 Secretary of the Navy and the Secretary of Transportation
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1 shall enter into an agreement that provides for the reloca2 tion of the activities and functions of Pascagoula Coast

3 Guard Station to Pascagoula Naval Station, Pascagoula,

4 Mississippi.

5 (b) CONDITIONS.—The agreement under subsection

6 (a) shall include the following provisions:

7 (1) That the Navy not incur any construction

8 costs relating to the relocation.

9 (2) That the design, construction, and location

10 of Coast Guard facilities, and the conduct of activi11 ties by the Coast Guard, at Pascagoula Naval Sta12 tion not interfere with the performance of the mis13 sion of the Navy.

14 SEC. 2207. AUTHORITY TO CARRY OUT CONSTRUCTION DE15 SIGN FOR MAYPORT NAVAL STATION, FLOR16 IDA.

17 (a) AUTHORITY TO CARRY OUT CONSTRUCTION DE18 SIGN.—Subject to subsection (b), the Secretary of the

19 Navy may carry out construction design activities in con20 nection with the military construction projects that the

21 Secretary identifies as necessary for the improvement of

22 the facilities located at Mayport Naval Station, Florida,

23 so that such facilities may be used as the homeport of

24 a nuclear powered aircraft carrier.
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1 (b) REQUIREMENT RELATING TO COMMENCEMENT

2 OF DESIGN.—The Secretary may not carry out the con3 struction design activities authorized under subsection (a)

4 until the Secretary—

5 (1) completes a study that identifies the im6 provements to the facilities referred to in that sub7 section that are necessary so that such facilities may

8 be used as the homeport of a nuclear powered air9 craft carrier; and

10 (2) completes a programmatic environmental

11 impact study on the effect of such improvements on

12 the environment.

13 (c) CONSTRUCTION OF AUTHORITY.—This section

14 may not be construed or interpreted as an authorization

15 for the Secretary to commence or proceed with any mili16 tary construction project relating to the improvement of

17 the facilities of Mayport Naval Station, Florida, for the

18 purpose referred to in subsection (a).

19 TITLE XXIII—AIR FORCE

20 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

21 LAND ACQUISITION PROJECTS.

22 (a) INSIDE THE UNITED STATES.—Using amounts

23 appropriated pursuant to the authorization of appropria24 tions in section 2304(a)(1), the Secretary of the Air Force

25 may acquire real property and carry out military construc-
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1 tion projects in the total amount of $398,904,000 for the

2 installations and locations inside the United States, and

3 in the amounts for such installations and locations, set

4 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

Eielson Air Force Base .................. $3,300,000

Arizona ..................... Luke Air Force Base ..................... $4,900,000

Arkansas .................. Little Rock Air Force Base ........... $4,800,000

California ................. Beale Air Force Base ..................... $1,450,000

Edwards Air Force Base ................ $7,050,000

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 ................... $14,300,000

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 .............. $27,100,000

Maryland .................. Andrews Air Force Base ................ $10,800,000

Mississippi ................ Columbus Air Force Base .............. $3,400,000

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 ..................... $10,500,000

New Jersey .............. McGuire Air Force Base ................ $17,000,000

New Mexico .............. Holloman Air Force Base .............. $10,950,000

Kirtland Air Force Base ................ $31,000,000

North Carolina ......... Pope Air Force Base ...................... $2,600,000

North Dakota ........... Grand Forks Air Force Base ......... $5,200,000

Minot Air Force Base .................... $10,350,000

Ohio .......................... Wright-Patterson Air Force Base .. $32,700,000

Oklahoma ................. Altus Air Force Base ..................... $3,750,000

Tinker Air Force Base ................... $9,643,000

Vance Air Force Base .................... $11,680,000

South Carolina ......... Charleston Air Force Base ............ $11,400,000

South Dakota ........... Ellsworth Air Force Base .............. $1,450,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Tennessee ................. Arnold Air Force Base ................... $1,900,000

Texas ........................ Kelly Air Force Base ..................... $8,950,000

Lackland Air Force Base ............... $5,200,000

Sheppard Air Force Base .............. $3,300,000

Washington .............. Fairchild Air Force Base ............... $8,850,000

Wyoming .................. F.E. Warren Air Force Base ......... $2,650,000

CONUS Classified ... Classified Location ......................... $2,141,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and may carry out military con5 struction projects in the total amount of $38,273,000 for

6 the installations and locations outside the United States,

7 and in the amounts for such installations and locations,

8 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 ..................................... $2,850,000

United Kingdom ...... RAF Lakenheath ........................... $7,100,000

Overseas Classified .. Classified Location ......................... $4,050,000

9 SEC. 2302. FAMILY HOUSING.

10 (a) CONSTRUCTION AND ACQUISITION.—Using

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2304(a)(6)(A), the Secretary of the

13 Air Force may construct or acquire family housing units

14 (including land acquisition) in the total amount of
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1 $163,348,000 at the installations, for the purposes, and

2 in the amounts for such installations and purposes set

3 forth in the following table:

Air Force: Family Housing

State or Country Installation Purpose Amount

Alabama ........... Maxwell Air Force

Base ................. 25 units ............ $2,100,000

Arizona ............. Davis-Monthan

Air Force Base 60 units ............ $5,940,000

California ......... Beale Air Force

Base ................. 76 units ............ $8,842,000

Edwards Air

Force Base ....... 34 units ............ $4,629,000

Vandenberg Air

Force Base ....... 128 units .......... $16,460,000

District of Columbia.Bolling Air Force

Base ................. 100 units .......... $9,000,000

Florida ............. Patrick Air Force

Base ................. 75 units ............ $7,145,000

Idaho ................ Mountain Home

Air Force Base 4 unit ............... $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
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Air Force: Family Housing—Continued

State or Country Installation Purpose Amount

Washington ...... Fairchild Air

Force Base ....... 6 units .............. $1,035,000

Wyoming .......... F.E. Warren Air

Force Base ....... 106 units .......... $11,321,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,275,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(6)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $61,770,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September

20 30, 1994, for military construction, land acquisition, and

21 military family housing functions of the Department of the
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1 Air Force in the total amount of $1,572,801,000 as

2 follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2301(a),

5 $398,904,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2301(b),

8 $38,273,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $7,000,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $49,386,000.

15 (5) For the balance of the amount authorized

16 under section 2301(a) of the Military Construction

17 Authorization Act for Fiscal Year 1993 (division B

18 of Public Law 102–484; 106 Stat. 2593) for the

19 construction of the climatic test chamber at Eglin

20 Air Force Base, Florida, $20,000,000.

21 (6) For military family housing functions:

22 (A) For construction and acquisition of

23 military family housing and facilities,

24 $234,393,000.
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1 (B) For support of military family housing

2 (including functions described in section 2833

3 of title 10, United States Code), $824,845,000

4 of which not more than $112,757,000 may be

5 obligated or expended for leasing of military

6 family housing units worldwide.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2301 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a).

14 SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION

15 PROJECTS AT TYNDALL AIR FORCE BASE,

16 FLORIDA, FOR WHICH FUNDS HAVE BEEN AP17 PROPRIATED.

18 The table in section 2301 of the Military Construc19 tion Authorization Act for Fiscal Year 1994 (division B

20 of Public Law 103–160; 107 Stat. 1866) is amended in

21 the item relating to Tyndall Air Force Base, Florida, by

22 striking out ‘‘$2,600,000’’ in the column under the head23 ing ‘‘Amount’’ and inserting in lieu thereof ‘‘$8,200,000’’.
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1 SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING

2 PROJECT, TYNDALL AIR FORCE BASE, FLOR3 IDA.

4 The table in section 2302(a) of the Military Construc5 tion Authorization Act for Fiscal Year 1994 (division B

6 of Public Law 103–160; 107 Stat. 1869) is amended in

7 the item relating to Tyndall Air Force Base, Florida, by

8 striking out ‘‘Infrastructure’’ in the third column and in9 serting in lieu thereof ‘‘45 units’’.

10 TITLE XXIV—DEFENSE

11 AGENCIES

12 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC13 TION AND LAND ACQUISITION PROJECTS.

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2405(a)(1), the Sec16 retary of Defense may acquire real property and carry out

17 military construction projects in the total amount of

18 $397,700,000 for the installations and locations inside the

19 United States, and in the amounts for such installations

20 and locations, 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 ........ $102,000,000 ...

Umatilla Army Depot, Oregon ...... $183,000,000 ...

Tooele Army Depot, Utah ............. $4,000,000 ...

Defense Intelligence

Agency ................... Bolling Air Force Base, Washington, District of Columbia.$600,000 ...
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Defense Logistics

Agency ................... Defense Contract Management Office, El Segundo, California.$5,100,000 ...

Defense Construction Supply Center, Columbus, Ohio ................... $2,200,000 ...

Defense Fuel Support Point,

Craney Island, Virginia .............. $3,652,000 ...

Headquarters, Defense Logistics

Agency, Fort Belvoir, Virginia ... $4,600,000 ...

Defense Medical Facilities Office ......... McClellan Air Force Base, California.

$10,280,000 ...

Fort McPherson, Georgia .............. $13,400,000 ...

Fort Dix, New Jersey .................... $2,000,000 ...

National Security

Agency ................... Fort Meade, Maryland .................. $20,258,000 ...

Office of Secretary of

Defense ................. Various Locations, Special Activities, Air Force.$5,300,000 ...

Section 6 Schools ..... Naval Surface Warfare Center,

Virginia.

$1,560,000 ...

Special Operations

Force ..................... Eglin Auxiliary Field No. 9, Florida.$21,750,000 ...

Kirtland Air Force Base, New

Mexico ........................................ $9,600,000 ...

Naval Amphibious Base, Coronado, San Diego, California ....... $3,400,000 ...

1 SEC. 2402. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2405(a)(11)(A), the Secretary of

5 Defense may construct or acquire family housing units

6 (including land acquisition) at the installation, for the pur7 pose, and in the amount set forth in the following table:

Defense Agencies: Family Housing

Location Installation Purpose Amount

Belgium ............ National Security

Agency ............. 1 unit ............... $300,000
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1 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriations in section 2405(a)(11)(A),

6 the Secretary of Defense may improve existing military

7 family housing units in an amount not to exceed $50,000.

8 SEC. 2404. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2405(a)(8), the Sec11 retary of Defense may carry out energy conservation

12 projects under section 2865 of title 10, United States

13 Code.

14 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE15 FENSE AGENCIES.

16 (a) IN GENERAL.—Funds are hereby authorized to

17 be appropriated for fiscal years beginning after September

18 30, 1994, for military construction, land acquisition, and

19 military family housing functions of the Department of

20 Defense (other than the military departments) in the total

21 amount of $3,230,058,000 as follows:

22 (1) For military construction projects inside the

23 United States authorized by section 2401(a),

24 $136,700,000.

25 (2) For military construction projects at Ports26 mouth Naval Hospital, Virginia, authorized by sec-
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1 tion 2401(a) of the Military Construction Authoriza2 tion Act for Fiscal Years 1990 and 1991 (division

3 B of Public Law 101–189; 103 Stat. 1640),

4 $120,000,000.

5 (3) For military construction projects at El6 mendorf Air Force Base, Alaska, hospital replace7 ment, authorized by section 2401(a) of the Military

8 Construction Authorization Act for Fiscal Year 1993

9 (division B of Public Law 102–484; 106 Stat.

10 2599), $66,000,000.

11 (4) For military construction projects at Fort

12 Bragg, North Carolina, hospital replacement, au13 thorized by section 2401(a) of the Military Construc14 tion Authorization Act for Fiscal Year 1993 (divi15 sion B of Public Law 102–484; 106 Stat. 2599),

16 $75,000,000.

17 (5) For unspecified minor construction projects

18 under section 2805 of title 10, United States Code,

19 $22,348,000.

20 (6) For contingency construction projects of the

21 Secretary of Defense under section 2804 of title 10,

22 United States Code, $8,511,000.

23 (7) For architectural and engineering services

24 and for construction design under section 2807 of

25 title 10, United States Code, $45,960,000.
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1 (8) For energy conservation projects authorized

2 by section 2404, $50,000,000.

3 (9) For base closure and realignment activities

4 as authorized by the Defense Authorization Amend5 ments and Base Closure and Realignment Act (title

6 II of Public Law 100–526; 10 U.S.C. 2687 note),

7 $87,600,000.

8 (10) For base closure and realignment activities

9 as authorized by the Defense Base Closure and

10 Realignment Act of 1990 (part A of title XXIX of

11 Public Law 101–510; 10 U.S.C. 2687 note):

12 (A) For military installations approved for

13 closure or realignment in 1991, $398,700,000.

14 (B) For military installations approved for

15 closure or realignment in 1993,

16 $2,189,858,000.

17 (11) For military family housing functions:

18 (A) For construction and acquisition of

19 military family housing and facilities, $350,000.

20 (B) For support of military housing (in21 cluding functions described in section 2833 of

22 title 10, United States Code), $29,031,000, of

23 which not more than $24,051,000 may be obli24 gated or expended for the leasing of military

25 family housing units worldwide.
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1 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variations authorized by law, the total cost

5 of all projects carried out under section 2401 of this Act

6 may not exceed—

7 (1) the total amount authorized to be appro8 priated under paragraphs (1) and (2) of subsection

9 (a) and subsection (b);

10 (2) $94,000,000 (the balance of the amount au11 thorized for construction of a chemical munitions de12 militarization facility at Pine Bluff Arsenal, Arkan13 sas); and

14 (3) $167,000,000 (the balance of the amount

15 authorized for construction of a chemical munitions

16 demilitarization facility at Umatilla Army Depot,

17 Oregon).

18 SEC. 2406. TERMINATION OF AUTHORITY TO CARRY OUT

19 FISCAL YEAR 1993 PROJECT.

20 (a) TERMINATION OF AUTHORITY.—The table in sec21 tion 2401(a) of the Military Construction Authorization

22 Act for Fiscal Year 1993 (division B of Public Law 102–

23 484; 106 Stat. 2599) is amended by striking out the item

24 relating to Fitzsimons Army Medical Center, Colorado.
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1 (b) CONFORMING AMENDMENTS.—(1) Subsection (a)

2 of section 2403 of such Act (106 Stat. 2600) is amend3 ed—

4 (A) in the matter above paragraph (1), by strik5 ing out ‘‘$2,567,146,000’’ and inserting in lieu

6 thereof ‘‘$2,565,146,000’’; and

7 (B) in paragraph (1), by striking out

8 ‘‘$87,950,000’’ and inserting in lieu thereof

9 ‘‘$85,950,000’’.

10 (2) Subsection (c) of such section is amended—

11 (A) by inserting ‘‘and’’ at the end of paragraph

12 (4);

13 (B) by striking out ‘‘; and’’ at the end of para14 graph (5) and inserting lieu thereof a period; and

15 (C) by striking out paragraph (6).

16 SEC. 2407. COMMUNITY IMPACT ASSISTANCE WITH REGARD

17 TO NAVAL WEAPONS STATION, CHARLESTON,

18 SOUTH CAROLINA.

19 Of the amount appropriated pursuant to the author20 ization of appropriations in section 2405(a)(10)(B), the

21 Secretary of the Navy shall transfer $3,000,000 to the

22 South Carolina Department of Highways and Public

23 Transportation. Funds transferred pursuant to this sec24 tion shall be used for making improvements to North

25 Rhett Avenue, Charleston, South Carolina.
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1 TITLE XXV—NORTH ATLANTIC

2 TREATY ORGANIZATION IN3 FRASTRUCTURE

4 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

5 ACQUISITION PROJECTS.

6 The Secretary of Defense may make contributions for

7 the North Atlantic Treaty Organization Infrastructure

8 Program as provided in section 2806 of title 10, United

9 States Code, in an amount not to exceed the sum of the

10 amount authorized to be appropriated for this purpose in

11 section 2502 and the amount collected from the North At12 lantic Treaty Organization as a result of construction pre13 viously financed by the United States.

14 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

15 Funds are hereby authorized to be appropriated for

16 fiscal years beginning after September 30, 1994, for con17 tributions by the Secretary of Defense under section 2806

18 of title 10, United States Code, for the share of the United

19 States of the cost of projects for the North Atlantic Treaty

20 Organization Infrastructure Program as authorized by

21 section 2501, in the amount of $219,000,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1994, for the costs

7 of acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve

9 Forces, and for contributions therefor, under chapter 133

10 of title 10, United States Code (including the cost of ac11 quisition of land for those facilities), the following

12 amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $146,447,000; and

16 (B) for the Army Reserve, $16,470,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $6,955,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $224,053,000; and

22 (B) for the Air Force Reserve,

23 $28,190,000.
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1 SEC. 2602. AUTHORIZATION OF CERTAIN NATIONAL GUARD

2 AND RESERVE PROJECTS FOR WHICH FUNDS

3 HAVE BEEN APPROPRIATED.

4 (a) FISCAL YEAR 1994 GUARD AND RESERVE

5 PROJECTS.—Section 2601 of the Military Construction

6 Authorization Act for Fiscal Year 1994 (division B of

7 Public Law 103–160; 107 Stat. 1878) is amended—

8 (1) in paragraph (1)(A), by striking out

9 ‘‘$283,483,000’’ and inserting in lieu thereof

10 ‘‘$286,693,000’’; and

11 (2) in paragraph (2), by striking out

12 ‘‘$25,013,000’’ and inserting in lieu thereof

13 ‘‘$33,713,000’’.

14 (b) FISCAL YEAR 1993 AIR NATIONAL GUARD

15 PROJECT.—Section 2601(3)(A) of the Military Construc16 tion Authorization Act for Fiscal Year 1993 (division B

17 of Public Law 102–484; 106 Stat. 2602) is amended by

18 striking out ‘‘$305,759,000’’ and inserting in lieu thereof

19 ‘‘$306,959,000’’.

20 TITLE XXVII—EXPIRATION OF

21 AUTHORIZATIONS

22 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

23 AMOUNTS REQUIRED TO BE SPECIFIED BY

24 LAW.

25 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

26 YEARS.—Except as provided in subsection (b), all author-
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1 izations contained in titles XXI through XXVI for military

2 construction projects, land acquisition, family housing

3 projects and facilities, and contributions to the North At4 lantic Treaty Organization Infrastructure program (and

5 authorizations of appropriations therefor) shall expire on

6 the later of—

7 (1) October 1, 1997; or

8 (2) the date of the enactment of an Act author9 izing funds for military construction for fiscal year

10 1998.

11 (b) EXCEPTION.—Subsection (a) shall not apply to

12 authorizations for military construction projects, land ac13 quisition, family housing projects and facilities, and con14 tributions to the North Atlantic Treaty Organization In15 frastructure program (and authorizations of appropria16 tions therefor), for which appropriated funds have been

17 obligated before the later of—

18 (1) October 1, 1997; or

19 (2) the date of the enactment of an Act author20 izing funds for fiscal year 1998 for military con21 struction projects, land acquisition, family housing

22 projects and facilities, or contributions to the North

23 Atlantic Treaty Organization Infrastructure pro24 gram.
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1 SEC. 2702. EXTENSION OF AUTHORIZATION OF CERTAIN

2 FISCAL YEAR 1992 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701(b)

4 of the Military Construction Authorization Act for Fiscal

5 Year 1992 (division B of Public Law 102–190; 105 Stat.

6 1535) authorizations for the projects set forth in the ta7 bles in subsection (b), as provided in section 2101, 2301,

8 or 2601 of that Act, shall remain in effect until October

9 1, 1995, or the date of the enactment of an Act authoriz10 ing funds for military construction for fiscal year 1996,

11 whichever is later.

12 (b) TABLES.—The tables referred to in subsection (a)

13 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 ...

Camp Merrill ...... Family Housing New

Construction (40 units) . $4,550,000 ...

Fort Stewart ....... Family Housing New

Construction (120 units) $9,700,000 ...

Oregon ... Umatilla Depot Activity .................. Ammunition Demilitarization Support Facility.

$3,600,000 ...

Umatilla Depot

Activity ............. Ammunition Demilitarization Utilities.$7,500,000 ...
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Air Force: Extension of 1992 Project Authorization

State Installation or

location Project Amount

Alaska .... Eareckson Air

Force Station

(formerly

Shemya Air

Force Station) .. Hazardous Materials

Storage.

$4,000,000 ...

Army National Guard: Extension of 1992 Project Authorizations

State Installation or

location Project Amount

California Stockton .............. Add/Alter Combined Support Maintenance Shop . $1,613,000 ...

District

of Columbia .. Fort Belvoir ........ Army Aviation Support

Facility .......................... $2,765,000 ...

Maryland Towson ............... Direct Logistics Warehouse.$373,000 ...

Cheltenham ......... Armory ............................ $3,300,000 ...

Mississippi ..... West Point .......... Organizational Maintenance Shop .................... $1,270,000 ...

Tupelo ................. Organizational Maintenance Shop .................... $992,000 ...

Senatobia ............ Organizational Maintenance Shop .................... $723,000 ...

Nevada ... Washoe County ... Organizational Maintenance Shop .................... $1,050,000 ...

North

Carolina Camp Butler ....... Range, Modified Record

Fire ................................ $986,000 ...

Rhode Island ...... Camp Varnum .... Sewer and Water System $578,000 ...

Camp Fogarty .... Armory ............................ $5,151,000 ...

West Virginia ..... Huntington ......... Guard/Reserve Center ..... $2,983,000 ...

Army Reserve: Extension of 1992 Project Authorizations

State Installation or

location Project Amount

Massachusetts ..... Taunton ................ Reserve Center ................ $3,526,000 ...

Ohio ....... Perrysburg .......... Reserve Center Addition . $2,749,000 ...

Pennsylvania ........ Johnstown ............ Army/Marine Corps Aviation Facility ................... $30,224,000 ...
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Army Reserve: Extension of 1992 Project Authorizations—

Continued

State Installation or

location Project Amount

Tennessee Jackson ............... Joint Training Facility .... $1,537,000 ...

West Virginia ..... Huntington ......... Guard and Reserve Center .................................. $6,617,000 ...

1 SEC. 2703. CLARIFICATION OF EXTENSION OF AUTHORIZA2 TIONS OF CERTAIN FISCAL YEAR 1991

3 PROJECTS.

4 (a) CLARIFICATION.—The table relating to the exten5 sion of authorization of certain fiscal year 1991 projects

6 of the Defense Agencies in section 2702(b) of the Military

7 Construction Authorization Act for Fiscal Year 1994 (di8 vision B of Public Law 103–160; 107 Stat. 1882) is

9 amended by inserting before the item relating to the De10 fense Logistics Agency, Defense Reutilization and Market11 ing Office, Fort Meade, Maryland, the following:
282

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Monterey ........... Audio Visual Facility ...... $2,322,000 ...

Defense Language Institute,

Monterey ........... Print Plant ...................... $1,860,000 ...
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect as if included in the provi3 sions of the Military Construction Authorization Act for

4 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1822)

5 to which such amendment relates.

6 SEC. 2704. EXTENSION OF CERTAIN FISCAL YEAR 1991

7 PROJECTS.

8 (a) EXTENSIONS.—Notwithstanding section 2701(b)

9 of the Military Construction Authorization Act for Fiscal

10 Year 1991 (division B of Public Law 101–510; 104 Stat.

11 1782), authorizations for the projects set forth in the table

12 in subsection (b) as provided in section 2401(a) of that

13 Act and extended by section 2702(a) of the Military Con14 struction Authorization Act for Fiscal Year 1992 (division

15 B of Public Law 102–190; 105 Stat. 1535) and section

16 2702 of the Military Construction Authorization Act for

17 Fiscal Year 1994 (division B of Public Law 103–160; 107

18 Stat. 1880), as amended by section 2703 of this Act, shall

19 remain in effect until October 1, 1995, or the date of the

20 enactment of an Act authorizing funds for military con21 struction for fiscal year 1995, whichever is later.

22 (b) TABLE.—The table referred to in subsection (a)

23 is as follows:
284

•S 2182 PCS Defense Agencies: Extension of 1991 Project Authorizations State Installation or location Project Amount California Defense Language Institute,

Monterey.

Audio Visual Instructional Media Facility ..... $2,322,000 ...

Defense Language Institute,

Monterey.

Print Plant ...................... $1,860,000 ...

Maryland Defense Logistics

Agency, DefenseReutilization andMarketing Office, Fort Meade Covered Storage .............. $9,500,000 ...
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1 SEC. 2705. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

3 shall take effect on the later of—

4 (1) October 1, 1994; or

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing Changes

11 SEC. 2801. CLARIFICATION OF REQUIREMENT FOR NOTIFI12 CATION OF CONGRESS OF IMPROVEMENTS IN

13 FAMILY HOUSING UNITS.

14 Section 2825(b) of title 10, United States Code, is

15 amended by adding at the end the following new para16 graph:

17 ‘‘(3) The limitation contained in the first sentence of

18 paragraph (1) does not apply to a project for the improve19 ment of a family housing unit or units referred to in that

20 sentence if the project (including the amount requested

21 for the project) is identified in the budget materials sub22 mitted to Congress by the Secretary of Defense in connec23 tion with the submission to Congress of the budget for

24 a fiscal year pursuant to section 1105 of title 31.’’.
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1 SEC. 2802. AUTHORITY TO PAY CLOSING COSTS UNDER

2 HOMEOWNERS ASSISTANCE PROGRAM.

3 Section 1013(c) of the Demonstration Cities and

4 Metropolitan Development Act of 1966 (42 U.S.C.

5 3374(c)) is amended by inserting after the first sentence

6 the following: ‘‘The Secretary may also pay a person who

7 elects to receive a cash payment under clause (1) of the

8 preceding sentence an amount that the Secretary deter9 mines appropriate to reimburse the person for the costs

10 incurred by the person in the sale of the property if the

11 Secretary determines that such payment will benefit the

12 person and is in the best interest of the Federal Govern13 ment.’’.

14 Subtitle B—Base Closure Matters

15 SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN

16 BASE CLOSURE PROCESS OF ADVANCE CON17 VERSION PLANNING UNDERTAKEN BY PO18 TENTIAL AFFECTED COMMUNITIES.

19 (a) DEPARTMENT OF DEFENSE RECOMMENDA20 TIONS.—Subsection (c)(3) of section 2903 of the Defense

21 Base Closure and Realignment Act of 1990 (part A of title

22 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

23 amended—

24 (1) by inserting ‘‘(A)’’ before ‘‘In considering’’;

25 and
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1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(B) In considering military installations for closure

4 or realignment, the Secretary may not take into account

5 for any purpose any advance conversion planning under6 taken by an affected community with respect to the antici7 pated closure or realignment of an installation.

8 ‘‘(C) For purposes of subparagraph (B), in the case

9 of a community anticipating the economic effects of a clo10 sure or realignment of a military installation, advance con11 version planning—

12 ‘‘(i) shall include community adjustment and

13 economic diversification planning undertaken by the

14 community before an anticipated selection of a mili15 tary installation in or near the community for clo16 sure or realignment; and

17 ‘‘(ii) may include the development of contin18 gency redevelopment plans, plans for economic devel19 opment and diversification, and plans for the joint

20 use (including civilian and military use, public and

21 private use, civilian dual use, and civilian shared

22 use) of the property or facilities of the installation

23 after the anticipated closure or realignment.’’.
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1 (b) COMMISSION RECOMMENDATIONS.—Subsection

2 (d)(2) of such section is amended by adding at the end

3 the following:

4 ‘‘(E) In making recommendations under this para5 graph, the Commission may not take into account for any

6 purpose any advance conversion planning undertaken by

7 an affected community with respect to the anticipated clo8 sure or realignment of a military installation.’’.

9 SEC. 2812. CLARIFYING AND TECHNICAL AMENDMENTS TO

10 BASE CLOSURE LAWS.

11 (a) CLARIFICATION OF SCOPE OF TERMINATION OF

12 AUTHORITY UNDER 1988 ACT.—Section 202(c) of the

13 Defense Authorization Amendments and Base Closure and

14 Realignment Act (Public Law 100–526; 10 U.S.C. 2687

15 note) is amended—

16 (1) by striking out ‘‘The authority’’ and insert17 ing in lieu thereof ‘‘(1) Except as provided in para18 graph (2), the authority’’; and

19 (2) by adding at the end the following new

20 paragraph:

21 ‘‘(2) The termination of authority set forth in para22 graph (1) shall not apply to the authority of the Secretary

23 to carry out environmental restoration and waste manage24 ment at, or disposal of property of, military installations

25 closed or realigned under this title.’’.
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1 (b) USE OF UNOBLIGATED FUNDS IN 1988 ACCOUNT

2 FOR ENVIRONMENTAL RESTORATION AND PROPERTY

3 DISPOSAL.—Section 207(a)(5) of such Act is amended—

4 (1) by striking out ‘‘Unobligated funds’’ and in5 serting in lieu thereof ‘‘(A) Except as provided in

6 subparagraph (B), unobligated funds’’; and

7 (2) by adding at the end the following new sub8 paragraph:

9 ‘‘(B) The Secretary may, after the termination of au10 thority referred to in subparagraph (A), use any unobli11 gated funds referred to in that subparagraph that are not

12 transferred in accordance with that subparagraph to carry

13 out environmental restoration and waste management at,

14 or disposal of property of, military installations closed or

15 realigned under this title.’’.

16 (c) CLARIFICATION OF DISPOSAL AUTHORITY.—

17 (1) UNDER 1988 ACT.—Section 204(b)(1) of

18 such Act is amended in the matter above paragraph

19 (1) by striking out ‘‘real property and facilities’’ and

20 inserting in lieu thereof ‘‘real property, facilities,

21 and personal property’’.

22 (2) UNDER 1990 ACT.—Section 2905(b)(1) of

23 the Defense Base Closure and Realignment Act of

24 1990 (part A of title XXIX of Public Law 101–510;

25 10 U.S.C. 2687 note) is amended in the matter
290

•S 2182 PCS

1 above paragraph (1) by striking out ‘‘real property

2 and facilities’’ and inserting in lieu thereof ‘‘real

3 property, facilities, and personal property’’.

4 (d) DEFINITION OF REDEVELOPMENT AUTHOR5 ITY.—

6 (1) UNDER 1988 ACT.—Section 209(10) of the

7 Defense Authorization Amendments and Base Clo8 sure and Realignment Act (Public Law 100–526; 10

9 U.S.C. 2687 note) is amended by striking out ‘‘and

10 for’’ and inserting in lieu thereof ‘‘or for’’.

11 (2) UNDER 1990 ACT.—Section 2910(9) of the

12 Defense Base Closure and Realignment Act of 1990

13 (part A of title XXIX of Public Law 101–510; 10

14 U.S.C. 2687 note) is amended by striking out ‘‘and

15 for’’ and inserting in lieu thereof ‘‘or for’’.

16 (3) EFFECTIVE DATE.—The amendments made

17 by paragraphs (1) and (2) shall take effect as if in18 cluded in the amendments made by 2918 of the Na19 tional Defense Authorization Act for Fiscal Year

20 1994 (Public Law 103–160; 107 Stat. 1927).

21 (e) TECHNICAL AMENDMENTS FOR INTERNAL CON22 SISTENCY.—

23 (1) 1988 ACT.—Section 204(b)(3) of the De24 fense Authorization Amendments and Base Closure
291

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1 and Realignment Act (Public Law 100–526; 10

2 U.S.C. 2687 note) is amended—

3 (A) in subparagraph (A)(ii), by striking

4 out ‘‘determines to be related to real property

5 and’’; and

6 (B) in subparagraph (E), by striking out

7 ‘‘related’’ in the matter above clause (i).

8 (2) 1990 ACT.—Section 2905(b)(3)(A)(ii) of the

9 Defense Base Closure and Realignment Act of 1990

10 (part A of title XXIX of Public Law 101–510; 10

11 U.S.C. 2687 note) is amended by striking out ‘‘de12 termines to be related to real property and’’.

13 (3) EFFECTIVE DATE.—The amendments made

14 by paragraphs (1) and (2) shall take effect as if in15 cluded in the amendments made by 2902 of the Na16 tional Defense Authorization Act for Fiscal Year

17 1994 (Public Law 103–160; 107 Stat. 1909).

18 Subtitle C—Land Transactions

19 Generally

20 SEC. 2821. LAND TRANSFER, HOLLOMAN AIR FORCE BASE,

21 NEW MEXICO.

22 (a) IN GENERAL.—Subject to subsections (c) through

23 (g), not later than 90 days after the date of enactment

24 of this Act, the Secretary of the Interior shall transfer

25 to the Department of the Air Force, without reimburse-
292

•S 2182 PCS

1 ment, jurisdiction and control of approximately 1,262

2 acres of public lands described in subsection (b). Such

3 public lands are located in Otero County, New Mexico, and

4 are contiguous to Holloman Air Force Base.

5 (b) DESCRIPTION OF LANDS TRANSFERRED.—The

6 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

7 (c) USE OF TRANSFERRED LAND.—The lands trans8 ferred to the Department of the Air Force under sub9 section (a) shall be used by the Secretary of the Air Force

10 for the construction of new evaporation ponds to support

11 a wastewater treatment facility that the Secretary shall

12 construct at Holloman Air Force Base.

13 (d) CATTLE GRAZING RIGHTS.—

14 (1) IN GENERAL.—The United States recog15 nizes a grazing preference on the lands transferred

16 to the Department of the Air Force under subsection

17 (a).

18 (2) ADJUSTMENT OF GRAZING ALLOTMENT.—

19 (A) The Secretary of the Air Force shall take such

20 action as is necessary to ensure that—
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1 (i) the boundary of the grazing allotment

2 that contains the lands transferred to the De3 partment of the Air Force is adjusted in such

4 manner as to retain the portion of the allotment

5 located south of United States Highway 70 in

6 New Mexico and remove the portion of the

7 lands that is located north of such highway; and

8 (ii) the grazing preference referred to in

9 paragraph (1) is retained by means of transfer10 ring the preference for the area removed from

11 the allotment under subparagraph (A) to public

12 lands located south of such highway.

13 (B) The Secretary of the Air Force shall offer

14 to enter into an agreement with each person who

15 holds a permit for grazing on the lands transferred

16 to the Department of the Air Force at the time of

17 the transfer to provide for the continued grazing by

18 livestock on the portion of the lands located south of

19 such highway.

20 (e) ADDITIONAL REQUIREMENTS.—

21 (1) NATIONAL ENVIRONMENTAL POLICY ACT OF

22 1969.—The Secretary of the Air Force shall ensure

23 that the transfer made pursuant to subsection (a)

24 and the use specified in subsection (c) meet any ap-
294

•S 2182 PCS

1 plicable requirements of the National Environmental

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.).

3 (2) ENVIRONMENTAL LAWS.—The Secretary of

4 the Air Force shall use and manage the lands trans5 ferred under the authority in subsection (a) in such

6 manner as to ensure compliance with applicable en7 vironmental laws (including regulations) of the Fed8 eral Government and State of New Mexico, and po9 litical subdivisions thereof.

10 (3) RESPONSIBILITY FOR CLEANUP OF HAZARD11 OUS SUBSTANCES.—Notwithstanding any other pro12 vision of law, the Secretary of the Air Force shall,

13 upon the transfer of the lands under subsection (a),

14 assume any existing or subsequent responsibility and

15 liability for the cleanup of hazardous substances (as

16 defined in section 101(14) of the Comprehensive En17 vironmental Response, Compensation, and Liability

18 Act of 1980 (42 U.S.C. 9601(14))) located on or

19 within the lands transferred.

20 (4) MINING.—The transfer of lands under sub21 section (a) shall be made in such manner as to en22 sure the continuation of valid, existing rights under

23 the mining laws and the mineral leasing and geo24 thermal leasing laws of the United States. Subject to

25 the preceding sentence, upon the transfer of the
295

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1 lands, mining and mineral management activities

2 shall be carried out in the lands in a manner consist3 ent with the policies of the Department of Defense

4 concerning mineral exploration and extraction on

5 lands under the jurisdiction of the Department.

6 (f) RIGHTS-OF-WAY.—The transfer of lands under

7 subsection (a) shall not affect the following rights-of-way:

8 (1) The right-of-way granted to the Otero

9 County Electric Cooperative, numbered NMNM

10 58293.

11 (2) The right-of-way granted to U.S. West

12 Corporation, numbered NMNM 59261.

13 (3) The right-of-way granted to the High14 way Department of the State of New Mexico,

15 numbered LC0 54403.

16 (g) PUBLIC ACCESS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary of the Air Force shall per19 mit public access to the lands transferred under sub20 section (a).

21 (2) CONSTRUCTION SITE.—The Secretary of the

22 Air Force may not permit public access to the imme23 diate area affected by the construction of a

24 wastewater treatment facility in the area with the

25 legal description of T17S, R8E, Section 22, except
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1 that the Secretary of the Air Force shall permit pub2 lic access on an adjoining unfenced parcel of land—

3 (A) located along the west boundary of

4 such area; and

5 (B) that is 50 feet in width.

6 (3) PUBLIC USES.—Except as provided in para7 graph (2), the Secretary of the Air Force shall per8 mit, on the lands transferred under subsection (a),

9 public uses that are consistent with the public uses

10 on adjacent lands under the jurisdiction of the Sec11 retary of the Interior.

12 (4) PERMIT NOT REQUIRED.—The Secretary of

13 the Air Force may not require a permit for access

14 authorized under this subsection to the lands trans15 ferred under subsection (a).

16 (5) ENTRY GATE.—The Secretary of the Air

17 Force shall ensure that the entry gate to the lands

18 transferred under subsection (a) that is located

19 along United States Highway 70 shall be open to

20 the public.

21 SEC. 2822. JOINT USE OF PROPERTY, PORT HUENEME,

22 CALIFORNIA.

23 (a) AGREEMENT AUTHORIZED.—The Secretary of

24 the Navy may enter into an agreement with the Oxnard

25 Harbor District, Port Hueneme, California, a special dis-
297

•S 2182 PCS

1 trict of the State of California (in this section referred

2 to as the ‘‘District’’), to provide for the joint use by Sec3 retary and the District of a parcel of real property consist4 ing of approximately 25 acres, together with improvements

5 thereto, that comprises United States Navy Wharf Num6 ber 3, the location of the Naval Construction Battalion

7 Center, Port Hueneme, California.

8 (b) PERIOD.—The agreement authorized under sub9 section (a) shall—

10 (1) be for an initial period of not more than 15

11 years; and

12 (2) contain an option for the District to extend

13 the agreement for three additional periods of 5 years

14 each.

15 (c) CONDITIONS.—The agreement authorized under

16 subsection (a) shall be subject to the following conditions:

17 (1) That the District suspend operations in the

18 joint use area during the periods when the Navy

19 conducts operations at the Naval Construction Bat20 talion Center.

21 (2) That the District carry out activities in the

22 joint use area in a manner that does not interfere

23 with the capability of the Secretary to carry out con24 tingency operations at the Naval Construction Bat25 talion Center.
298

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1 (d) CONSIDERATION.—(1) As consideration for the

2 use of the real property under subsection (a), the Dis3 trict—

4 (A) shall pay to the Secretary the fair market

5 rental value (as determined by the Secretary) of the

6 District’s interest in the property; and

7 (B) may be required to furnish additional con8 sideration as provided in paragraph (2).

9 (2) The Secretary may require that the agreement

10 include a provision that the District—

11 (A) either—

12 (i) pay the Secretary an amount (as deter13 mined by the Secretary) equal to the cost to the

14 Navy of replacing at the Naval Construction

15 Battalion Center the facilities vacated by the

16 Navy in the joint use area; or

17 (ii) construct the replacement facilities for

18 the Navy; and

19 (B) pay the Secretary an amount (as deter20 mined by the Secretary) equal to the cost to the

21 Navy of relocating Navy operations from the vacated

22 facilities to the replacement facilities.

23 (e) NOTICE AND WAIT REQUIREMENTS.—The Sec24 retary may not enter into the agreement authorized by

25 subsection (a) until 21 days after the date on which the
299

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1 Secretary submits to the Committees on Armed Services

2 of the Senate and the House of Representatives a report

3 containing an explanation of the terms of the proposed

4 agreement and a description of the consideration that the

5 Secretary expects to receive under the agreement.

6 (f) USE OF PROCEEDS.—(1) The Secretary may use

7 amounts received under subsection (d)(1)(A) to pay for

8 general supervision, administration and overhead expenses

9 incurred by the Secretary under the agreement and for

10 improvement, maintenance, repair, construction, or res11 toration of the port operations area or of roads and rail12 ways serving the area at the Naval Construction Battalion

13 Center.

14 (2) The Secretary may use amounts received under

15 subsection (d)(2) to pay for constructing new facilities, or

16 making modifications to existing facilities, that are nec17 essary to replace facilities vacated by the Navy in the joint

18 use area and for relocating operations of the Navy from

19 the vacated facilities to the replacement facilities.

20 (g) AUTHORITY TO REPLACE FACILITIES.—The Sec21 retary may authorize the District to demolish existing fa22 cilities in the joint use area and, consistent with the re23 strictions required by subsection (c)(2), construct new fa24 cilities on the property for the joint use of the Navy and

25 the District.
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•S 2182 PCS

1 (h) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property subject to the

3 agreement authorized under this section shall be deter4 mined by a survey that is satisfactory to the Secretary.

5 The cost of the survey shall be borne by the District.

6 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the agreement authorized under this

9 section as the Secretary considers appropriate to protect

10 the interests of the United States.

11 SEC. 2823. LEASE OF PROPERTY, NAVAL RADIO RECEIVING

12 FACILITY, IMPERIAL BEACH, CORONADO,

13 CALIFORNIA.

14 (a) LEASE AUTHORIZED.—The Secretary of the

15 Navy may lease to the Young Men’s Christian Association

16 of San Diego County, a California nonprofit public benefit

17 corporation (in this section referred to as the ‘‘YMCA’’),

18 such interests in a parcel of real property (including any

19 improvements thereon) consisting of approximately 45

20 acres at the Naval Radio Receiving Facility, Imperial

21 Beach, Coronado, California, as the Secretary considers

22 appropriate for the YMCA to operate and maintain a sum23 mer youth residence camp known as the YMCA San Diego

24 Unified Recreational Facility (Camp SURF). Pursuant to
301

•S 2182 PCS

1 the lease, the Secretary may authorize the YMCA to con2 struct facilities on the parcel.

3 (b) LEASE TERMS.—The lease authorized in sub4 section (a) shall be for a period of 50 years, or such longer

5 period as the Secretary determines to be in the best inter6 ests of the United States.

7 (c) CONSIDERATION.—As consideration for the lease

8 of real property under subsection (a), the YMCA shall—

9 (1) agree to maintain and enhance the natural

10 resources of the leased premises; and

11 (2) pay to the United States an amount in cash

12 equal to the difference between the rental price pre13 scribed by the Secretary under subsection (d) and

14 the value of natural resources maintenance and en15 hancements performed by the YMCA, as determined

16 by the Secretary.

17 (d) DETERMINATION OF RENTAL PRICE.—The Sec18 retary may prescribe a rental price for the real property

19 leased under subsection (a) that is less than the fair mar20 ket rental value of such property.

21 (e) ADDITIONAL TERMS AND CONDITIONS.—The

22 Secretary may require such additional terms and condi23 tions in connection with the lease under subsection (a) as

24 the Secretary considers necessary to protect the operation

25 of the Naval Radio Receiving Facility, Imperial Beach,
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1 Coronado, California, and to protect the interests of the

2 United States.

3 SEC. 2824. RELEASE OF REVERSIONARY INTEREST ON CER4 TAIN PROPERTY IN YORK COUNTY AND

5 JAMES CITY COUNTY, VIRGINIA, AND NEW6 PORT NEWS, VIRGINIA.

7 (a) RELEASE AUTHORIZED.—The Secretary of the

8 Navy may release the reversionary interest of the United

9 States in the real property conveyed by the deed described

10 in subsection (b).

11 (b) DEED DESCRIPTION.—The deed referred to in

12 subsection (a) is a deed between the United States and

13 the Commonwealth of Virginia dated August 17, 1966,

14 which conveyed to the Commonwealth of Virginia certain

15 parcels of land located in York County and James City

16 County, Virginia, and the city of Newport News, Virginia.

17 (c) ADDITIONAL TERMS.—The Secretary may require

18 such terms or conditions in connection with the release

19 under this section as the Secretary considers appropriate

20 to protect the interests of the United States and to ensure

21 that the real property will continue to be used for public

22 purposes.

23 (d) INSTRUMENT OF RELEASE.—The Secretary may

24 execute and file in the appropriate office or offices a deed

25 of release, amended deed, or other appropriate instrument
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1 effectuating the release of the reversionary interest under

2 this section.

3 SEC. 2825. LAND TRANSFER, FORT DEVENS, MASSACHU4 SETTS.

5 (a) TRANSFER.—Notwithstanding any other provi6 sion of law and subject to subsection (b), the Secretary

7 of the Army shall transfer administrative jurisdiction of

8 approximately 800 acres of land at Fort Devens, Massa9 chusetts, to the Secretary of the Interior for inclusion in

10 the Oxbow National Wildlife Refuge, Massachusetts.

11 (b) LIMITATION ON TRANSFER.—The Secretary of

12 the Army may not carry out the transfer referred to in

13 subsection (a) unless the Secretary and the reuse author14 ity for Fort Devens for the purposes of the Defense Base

15 Closure and Realignment Act of 1990 (part A of title

16 XXIX of Public Law 101–510; 10 U.S.C. 2687 note),

17 jointly determine that the transfer of the land under this

18 section is consistent with the redevelopment plan prepared

19 under section 2905(b) of such Act.

20 (c) ADMINISTRATION OF LAND.—The Secretary of

21 the Interior shall administer the land transferred under

22 this section in accordance with all laws applicable to areas

23 in the National Wildlife Refuge System.

24 (d) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the property to be transferred
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1 under this section shall be determined by a survey satis2 factory to the Secretary of the Army and the Secretary

3 of the Interior.

4 SEC. 2826. LAND CONVEYANCE, CORNHUSKER ARMY AMMU5 NITION PLANT, HALL COUNTY, NEBRASKA.

6 (a) CONVEYANCE AUTHORIZED.—Subject to sub7 section (b), the Secretary of the Army may convey to the

8 Hall County, Nebraska, Board of Supervisors (in this sec9 tion referred to as the ‘‘Board’’), or the designee of the

10 Board, all right, title and interest of the United States

11 in and to the real property, together with any improve12 ments thereon, located in Hall County, Nebraska, the site

13 of the Cornhusker Army Ammunition Plant.

14 (b) REQUIREMENT RELATING TO CONVEYANCE.—

15 The Secretary may not carry out the conveyance author16 ized under subsection (a) until the Secretary completes

17 any environmental restoration required with respect to the

18 property to be conveyed.

19 (c) UTILIZATION OF PROPERTY.—The Board or its

20 designee, as the case may be, shall utilize the real property

21 conveyed under subsection (a) in a manner consistent with

22 the Cornhusker Army Ammunition Plant Reuse Commit23 tee Comprehensive Reuse Plan.

24 (d) CONSIDERATION.—In consideration for the con25 veyance under subsection (a), the Board or its designee,
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1 as the case may be, shall pay to the United States an

2 amount equal to the fair market value of the real property

3 to be conveyed, as determined by the Secretary.

4 (e) USE OF PROCEEDS.—(1) The Secretary shall de5 posit in the special account established under section

6 204(h)(2) of the Federal Property and Administrative

7 Services Act of 1949 (40 U.S.C. 485(h)) the amount re8 ceived from the Board or its designee under subsection

9 (d).

10 (2) Notwithstanding subparagraph (A) of such sec11 tion 204(h)(2), the Secretary may use the entire amount

12 deposited in the account under paragraph (1) for the pur13 poses set forth in subparagraph (B) of such section

14 204(h)(2).

15 (f) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the property conveyed under this

17 section shall be determined by a survey satisfactory to the

18 Secretary. The cost of the survey shall be borne by the

19 Board or its designee, as the case may be.

20 (g) ADDITIONAL TERMS AND CONDITIONS.—The

21 Secretary may require such additional terms and condi22 tions in connection with the conveyance under this section

23 as the Secretary considers appropriate to protect the inter24 ests of the United States.
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1 SEC. 2827. TRANSFER OR CONVEYANCE OF CERTAIN PAR2 CELS OF PROPERTY THROUGH GENERAL

3 SERVICES ADMINISTRATION.

4 (a) IN GENERAL.—(1) Subject to paragraph (2), the

5 Administrator of General Services shall—

6 (A) transfer jurisdiction over all or a portion of

7 a parcel of real property described in subsection (b)

8 to another executive agency if the Administrator de9 termines under subsection (c) that the transfer of

10 jurisdiction to the agency is appropriate;

11 (B) convey all or a portion of such a parcel to

12 a State or local government or nonprofit organiza13 tion if the Administrator determines under sub14 section (d) that the conveyance to the government or

15 organization is appropriate; or

16 (C) convey all or a portion of such a parcel to

17 the entity specified to receive the conveyance under

18 subsection (e) in accordance with that subsection.

19 (2) The Administrator shall carry out an action re20 ferred to in subparagraph (A), (B), or (C) of paragraph

21 (1) only upon direction by the Secretary of Defense. The

22 Secretary shall make the direction, if at all, in accordance

23 with subsection (g).

24 (3) Upon the direction of the Secretary of Defense,

25 the Secretary of the military department concerned shall

26 transfer jurisdiction over an appropriate portion of a par-
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1 cel of real property referred to in paragraph (1) to the

2 Administrator in order to permit the Administrator to

3 carry out the transfer of jurisdiction over or conveyance

4 of the portion of the parcel under this section.

5 (b) COVERED PROPERTY.—(1) The parcels of real

6 property referred to in subsection (a)(1) are the following:

7 (A) A parcel of real property, including any im8 provements thereon, consisting of approximately 337

9 acres and located in Tulsa, Oklahoma, the location

10 of Air Force Plant No. 3.

11 (B) A parcel of real property, including any im12 provements thereon, consisting of approximately

13 2,900 acres and located in Calverton, New York, the

14 location of the Naval Weapons Industrial Reserve

15 Plant.

16 (C) A parcel of real property, including any im17 provements thereon, located in Johnson City

18 (Westover), New York, the location of Air Force

19 Plant No. 59.

20 (D) A parcel of real property, including any im21 provements thereon, consisting of approximately 4

22 acres and located in Dickinson, North Dakota, the

23 location of a support complex, recreational facilities,

24 and housing facilities for the Radar Bomb Scoring

25 Site, Dickinson, North Dakota.
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1 (E) A parcel of real property, including any im2 provements thereon, consisting of approximately 12

3 acres and located west of Finley, North Dakota, the

4 location of a support complex, recreational facilities,

5 and housing facilities for the Finley Air Force Sta6 tion and Radar Bomb Scoring Site, Finley, North

7 Dakota.

8 (2) The exact acreage and legal description of the real

9 property referred to in paragraph (1) that is transferred

10 or conveyed under this section shall be determined by a

11 survey satisfactory to the Secretary of the military depart12 ment concerned. The cost of the survey shall be borne by

13 the Secretary concerned. The transferee or conveyee, if

14 any, of the property under this section shall reimburse the

15 Secretary concerned for the cost borne by that Secretary

16 for the survey of the property.

17 (c) DETERMINATION OF TRANSFEREES.—(1) Subject

18 to subsection (a)(2), the Administrator shall transfer ju19 risdiction over all or a portion of a parcel of real property

20 referred to in subsection (b)(1) to an executive agency if

21 the Administrator determines under this subsection that

22 the transfer is appropriate.

23 (2) Not later than 5 days after the date of the enact24 ment of this Act, the Administrator shall inform the heads
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1 of the executive agencies of the availability of the parcels

2 of real property referred to in subsection (b)(1).

3 (3) The head of an executive agency having an inter4 est in obtaining jurisdiction over any portion of a parcel

5 of real property referred to in paragraph (2) shall notify

6 the Administrator, in writing, of the interest within such

7 time as the Administrator shall specify with respect to the

8 parcel in order to permit the Administrator to determine

9 under paragraph (4) whether the transfer of jurisdiction

10 to the agency is appropriate.

11 (4)(A) The Administrator shall—

12 (i) evaluate in accordance with section 202(a)

13 of the Federal Property and Administrative Services

14 Act of 1949 (40 U.S.C. 483(a)) the notifications of

15 interest, if any, received under paragraph (3) with

16 respect to a parcel of real property; and

17 (ii) determine in accordance with that section

18 the executive agency, if any, to which the transfer of

19 jurisdiction is appropriate.

20 (B) The Administrator shall complete the determina21 tion under subparagraph (A) with respect to a parcel not

22 later than 30 days after informing the heads of the execu23 tive agencies of the availability of the parcel.

24 (d) DETERMINATION OF CONVEYEES.—(1) Subject

25 to subsection (a)(2), the Administrator shall convey all
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1 right, title, and interest of the United States in and to

2 all or a portion of a parcel of real property referred to

3 in paragraph (2) to a government or organization referred

4 to in paragraph (3) if the Administrator determines under

5 this subsection that the conveyance is appropriate.

6 (2) Paragraph (2) applies to any portion of a parcel

7 of real property referred to in subsection (b)(1)—

8 (A) for which the Administrator receives no no9 tification of interest from the head of an executive

10 agency under subsection (c); or

11 (B) with respect to which the Administrator de12 termines under paragraph (4)(B) of that subsection

13 that a transfer of jurisdiction under this section

14 would not be appropriate.

15 (3)(A) In the case of the property referred to in para16 graph (2), the governments and organizations referred to

17 in that paragraph are the following:

18 (i) The State government of the State in which

19 the property is located.

20 (ii) Local governments affected (as determined

21 by the Administrator) by operations of the Depart22 ment of Defense at the property.

23 (iii) Nonprofit organizations located in the vi24 cinity of the property and eligible under Federal law
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1 to be supported through the use of Federal surplus

2 real property.

3 (B) In this paragraph, the term ‘‘nonprofit organiza4 tion’’ means any organization listed in subsection (c)(3)

5 of section 501 of the Internal Revenue Code of 1986 (26

6 U.S.C. 501) that is exempt from taxation under sub7 section (a) of that section.

8 (4) Not later than 5 days after completing the deter9 mination under subsection (c)(4)(B), the Administrator

10 shall determine what, if any, parcels of property referred

11 to in subsection (b)(1) are available for conveyance under

12 this subsection and shall inform the appropriate govern13 ments and organizations of the availability of the parcels

14 for conveyance under this section.

15 (5) A government or organization referred to in para16 graph (4) shall notify the Administrator, in writing, of the

17 interest of the government or organization, as the case

18 may be, in the conveyance of all or a portion of the parcel

19 of real property concerned to the government or organiza20 tion. The government or organization shall notify the Ad21 ministrator within such time as the Administrator shall

22 specify with respect to the parcel in order to permit the

23 Administrator to determine under paragraph (6) whether

24 the conveyance of the parcel to the government or organi25 zation, as the case may be, is appropriate.
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1 (6)(A) The Administrator shall—

2 (i) evaluate in accordance with section 203 of

3 the Federal Property and Administrative Services

4 Act of 1949 (40 U.S.C. 484) the notifications, if

5 any, received under paragraph (5) with respect to a

6 parcel of real property; and

7 (ii) determine in accordance with that section

8 the government or organization, if any, to which the

9 conveyance is appropriate.

10 (B) The Administrator shall complete the determina11 tion under subparagraph (A) with respect to a parcel not

12 later than 70 days after notifying the governments and

13 organizations concerned of the availability of the parcel

14 for conveyance.

15 (e) ADDITIONAL CONVEYANCE AUTHORITY.—(1)

16 Subject to subsection (g)(2), the Administrator shall, in

17 lieu of transferring jurisdiction over or conveying the par18 cels of real property referred to in subsection (b)(1) in

19 accordance with subsections (c) and (d), convey all or a

20 portion of such parcels as follows:

21 (A) In the case of the parcel referred to in sub22 paragraph (A) of subsection (b)(1), by conveying

23 without consideration all right, title, and interest of

24 the United States in and to the parcel to the City

25 of Tulsa, Oklahoma.
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1 (B) In the case of the parcel referred to in sub2 paragraph (B) of that subsection, by conveying with3 out consideration all right, title, and interest of the

4 United States in and to the parcel to any economic

5 development authority that the Governor of New

6 York determines appropriate and identifies as such

7 for the Administrator.

8 (C) In the case of the parcel referred to in sub9 paragraph (C) of that subsection, by conveying with10 out consideration all right, title, and interest of the

11 United States in and to the parcel to the Broome

12 County Industrial Development Authority.

13 (D) In the case of the parcel referred to in sub14 paragraph (D) of that subsection, by conveying with15 out consideration all right, title, and interest of the

16 United States in and to the parcel to the North Da17 kota Board of Higher Education.

18 (E) In the case of the parcel referred to in sub19 paragraph (E) of that subsection, by conveying with20 out consideration all right, title, and interest of the

21 United States in and to the parcel to the City of

22 Finley, North Dakota.

23 (2) The Administrator may require such additional

24 terms and conditions in connection with a conveyance

25 under this subsection as the Administrator and the Sec-
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1 retary of Defense jointly consider appropriate to protect

2 the interests of the United States.

3 (f) REPORT BY ADMINISTRATOR.—(1) Not later than

4 125 days after the date of the enactment of this Act, the

5 Administrator shall submit to the Committees on Armed

6 Services of the Senate and House of Representatives and

7 to the Secretary of Defense a report on the activities of

8 the Administrator under this section.

9 (2) The report shall include with respect to each par10 cel of real property referred to in subsection (b)(1) the

11 following information:

12 (A) The interest, if any, for all or a portion of

13 the parcel that was expressed by executive agencies

14 under subsection (c) or by governments or nonprofit

15 organizations under subsection (d).

16 (B) The use, if any, proposed for the portion of

17 the parcel under each expression of interest.

18 (C) The determination of the Administrator

19 whether a transfer or conveyance of all or a portion

20 of the parcel, as the case may be, to the agency, gov21 ernment, or organization was appropriate.

22 (D) The other disposal options, if any, that the

23 Administrator has identified for the parcel.

24 (E) Any other matters that the Administrator

25 considers appropriate.
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1 (g) DESIGNATION OF AUTHORITY TO BE USED.—(1)

2 If the Administrator submits the report required under

3 subsection (f) within the time specified in that subsection,

4 the Secretary of Defense may direct the Administrator

5 under subsection (a)(2) to carry out the transfer or con6 veyance under subsection (c) or (d) of all or a portion of

7 a parcel of property referred to in subsection (b)(1) in ac8 cordance with the determinations made by the Adminis9 trator with respect to the transfer or conveyance of the

10 parcel under subsection (c) or (d), respectively.

11 (2) If the Administrator does not submit the report

12 required under subsection (f) within the time specified in

13 that subsection, the Secretary may direct the Adminis14 trator to carry out the conveyances of the parcels of prop15 erty that are authorized under subsection (e) in accord16 ance with such subsection (e).

17 Subtitle D—Changes to Existing

18 Land Transaction Authority

19 SEC. 2831. MODIFICATIONS OF LAND CONVEYANCE, FORT

20 A.P. HILL MILITARY RESERVATION, VIRGINIA.

21 (a) PARTICIPATION OF ADDITIONAL POLITICAL SUB22 DIVISIONS IN REGIONAL CORRECTIONAL FACILITY.—Sub23 paragraph (B) of subsection (c)(3) of section 603 of the

24 Persian Gulf Conflict Supplemental Authorization and
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1 Personnel Benefits Act of 1991 (Public Law 102–25; 105

2 Stat. 108) is amended to read as follows:

3 ‘‘(B) Subparagraph (A) shall not be construed to pro4 hibit any political subdivision not named in such subpara5 graph from—

6 ‘‘(i) participating initially in the written agree7 ment referred to in paragraph (2); or

8 ‘‘(ii) agreeing at a later date to participate as

9 a member of the governmental entity referred to in

10 paragraph (2)(A), or by contract with such entity, in

11 the construction or operation of the regional facility

12 to be constructed on the parcel of land conveyed

13 under this section.’’.

14 (b) TIME FOR CONSTRUCTION AND OPERATION OF

15 CORRECTIONAL FACILITY.—(1) Subsection (d)(1)(A)(i) of

16 such section is amended by striking out ‘‘not later than

17 24 months after the date of the enactment of this Act’’

18 and inserting in lieu thereof ‘‘not later than April 1,

19 1997’’.

20 (2) The Secretary of the Army shall provide the recip21 ient of the conveyance of property under section 603 of

22 such Act with such legal instrument as is appropriate to

23 modify, in accordance with the amendment made by para24 graph (1), any statement of conditions contained in any

25 existing instrument which conveyed the property to that
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1 recipient. The Secretary shall record the instrument in the

2 appropriate office or officers of the Commonwealth of Vir3 ginia or political subdivision within the Commonwealth.

4 SEC. 2832. MODIFICATION OF CONVEYANCE OF ELEC5 TRICITY DISTRIBUTION SYSTEM, FORT DIX,

6 NEW JERSEY.

7 Section 2846 of the Military Construction Authoriza8 tion Act for Fiscal Year 1994 (division B of Public Law

9 103–160; 107 Stat. 1904) is amended—

10 (1) by striking out subsection (f); and

11 (2) by redesignating subsections (g) and (h) as

12 subsections (f) and (g), respectively.

13 SEC. 2833. MODIFICATION OF LAND CONVEYANCE, FORT

14 KNOX, KENTUCKY.

15 Section 2816 of the Military Construction Authoriza16 tion Act for Fiscal Years 1990 and 1991 (division B of

17 Public Law 101–189; 103 Stat. 1655) is amended—

18 (1) in subsection (c), by striking out ‘‘for the

19 construction of up to four units of military family

20 housing at Fort Knox, Kentucky’’ and inserting in

21 lieu thereof ‘‘for improvements to military family

22 housing at Fort Knox, Kentucky, in an amount not

23 to exceed $255,000’’;

24 (2) by striking out subsection (d); and
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1 (3) by redesignating subsections (e) and (f) as

2 subsections (d) and (e), respectively.

3 SEC. 2834. PRESERVATION OF CALVERTON PINE BARRENS,

4 NAVAL WEAPONS INDUSTRIAL RESERVE

5 PLANT, NEW YORK, AS NATURE PRESERVE.

6 (a) PRESERVATION AS NATURE PRESERVE RE7 QUIRED.—Section 2854 of the Military Construction Au8 thorization Act for Fiscal Year 1993 (division B of Public

9 Law 102–484; 106 Stat. 2626) is amended—

10 (1) by redesignating subsections (a) and (b) as

11 subsections (c) and (d); and

12 (2) by inserting before subsection (c), as so re13 designated, the following new subsections (a) and

14 (b):

15 ‘‘(a) PURPOSE.—It is the purpose of this section to

16 ensure that the Calverton Pine Barrens is maintained and

17 preserved, in perpetuity, as a nature preserve in its cur18 rent undeveloped state.

19 ‘‘(b) PROHIBITION ON INCONSISTENT DEVELOP20 MENT.—(1) The Secretary of the Navy may not carry out

21 or permit any commercial or residential development of

22 the property referred to in paragraph (2) that is inconsist23 ent with the purpose specified in subsection (a).
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1 ‘‘(2) Paragraph (1) applies to any parcel of real prop2 erty within the Calverton Pine Barrens that is under the

3 jurisdiction of the Secretary.’’.

4 (b) CONFORMING AMENDMENTS.—Subsection (c) of

5 such section, as redesignated by subsection (a)(1), is

6 amended—

7 (1) by striking out ‘‘PROHIBITION.—’’ and in8 serting in lieu thereof ‘‘REVERSIONARY INTER9 EST.—’’; and

10 (2) by striking out ‘‘for commercial purposes’’

11 and all that follows through the period and inserting

12 in lieu thereof ‘‘in a manner inconsistent with the

13 purpose specified in subsection (a) (as determined by

14 the head of the department or agency making the

15 conveyance).’’.

16 Subtitle E—Other Matters

17 SEC. 2841. JOINT CONSTRUCTION CONTRACTING FOR COM18 MISSARIES AND NONAPPROPRIATED FUND

19 INSTRUMENTALITY FACILITIES.

20 (a) SINGLE CONTRACT CONSTRUCTION.—Section

21 2685 of title 10, United States Code, is amended by add22 ing at the end the following new subsection:

23 ‘‘(d)(1) The Secretary of a military department may

24 authorize a nonappropriated fund instrumentality of the

25 United States to enter into a contract for construction of
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1 a shopping mall or similar facility for a commissary store

2 and one or more nonappropriated fund instrumentality ac3 tivities. The Secretary may use the proceeds of adjust4 ments or surcharges authorized by subsection (a) to reim5 burse the nonappropriated fund instrumentality for the

6 portion of the cost of the contract that is attributable to

7 construction of the commissary store or to pay the con8 tractor directly for that portion of such cost.

9 ‘‘(2) In paragraph (1), the term ‘construction’, with

10 respect to a facility, includes acquisition, conversion, ex11 pansion, installation, or other improvement of the facil12 ity.’’.

13 (b) OBLIGATION OF ANTICIPATED PROCEEDS.—Sub14 section (c) of such section is amended by inserting ‘‘or

15 (d)’’ after ‘‘subsection (b)’’ both places it appears.

16 SEC. 2842. NATIONAL GUARD FACILITY CONTRACTS SUB17 JECT TO PERFORMANCE SUPERVISION BY

18 THE ARMY OR THE NAVY.

19 (a) CONTRACTS SUBJECT TO SUPERVISION.—Sub20 section (a) of section 2237 of title 10, United States Code,

21 is amended by striking out ‘‘under any provision’’ and all

22 that follows through ‘‘and (4)’’ and inserting in lieu there23 of ‘‘under section 2233(a)(1)’’.
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1 (b) CONFORMING AMENDMENT.—Subsection (b) of

2 such section is amended by striking out ‘‘or (4)’’ and in3 serting in lieu thereof ‘‘(4), (5), or (6)’’.

4 SEC. 2843. WAIVER OF REPORTING REQUIREMENTS FOR

5 CERTAIN REAL PROPERTY TRANSACTIONS IN

6 THE EVENT OF WAR OR NATIONAL EMER7 GENCY.

8 Section 2662 of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(g)(1) Subsections (a) and (e) do not apply—

11 ‘‘(A) during a period described in paragraph

12 (2); or

13 ‘‘(B) to transactions described in such sub14 sections that are undertaken to restore Federal Gov15 ernment operations, to provide public assistance or

16 relief, or to restore public order in relation to a

17 major disaster declared in accordance with the Rob18 ert T. Stafford Disaster Relief and Emergency As19 sistance Act (42 U.S.C. 5121 et seq.).

20 ‘‘(2) The periods referred to in paragraph (1)(A) are

21 as follows:

22 ‘‘(A) A period of war declared by Congress.

23 ‘‘(B) A period of national emergency declared

24 by the President in accordance with the National

25 Emergencies Act (50 U.S.C. 1601 et seq.)
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1 ‘‘(3) Not later than 30 days after taking an action

2 for which prior notification would, except for this sub3 section, otherwise be required under subsection (a) or (e),

4 the Secretary of the military department concerned or, in

5 the case of an element of the Department of Defense not

6 within a military department, the Secretary of Defense

7 shall submit to the Committees on Armed Services of the

8 Senate and the House of Representatives a report on the

9 action taken.’’.

10 SEC. 2844. REPORT ON USE OF FUNDS FOR ENVIRON11 MENTAL RESTORATION AT CORNHUSKER

12 ARMY AMMUNITION PLANT, HALL COUNTY,

13 NEBRASKA.

14 (a) REPORT REQUIRED.—The Secretary of the Army

15 shall submit to Congress a report describing the manner

16 in which funds available to the Army for operation and

17 maintenance (including funds in the Defense Environ18 mental Restoration Account established under section

19 2703(a)(1) of title 10, United States Code) will be used

20 by the Secretary for environmental restoration and main21 tenance of the real property that comprises the

22 Cornhusker Army Ammunition Plant, Hall County, Ne23 braska.

24 (b) CONTENTS.—The report shall include the follow25 ing:
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1 (1) The funding plan for environmental restora2 tion at the Cornhusker Army Ammunition Plant.

3 (2) A legal opinion stating whether any portion

4 of the funds to be used for such environmental res5 toration may be used for the repair of the roads at

6 the Plant in order to bring such roads into compli7 ance with applicable State and local public works

8 codes.

9 (3) A survey of the roads at the Plant that

10 identifies which roads, if any, are in need of repair

11 in order to bring the roads at the Plant into compli12 ance with such codes.

13 (4) An estimate of the cost of the repair of the

14 roads referred to in paragraph (3) in order to bring

15 the roads into compliance.

16 (5) An explanation of the purpose, cost, and

17 source of funds for any proposed preservation of

18 documents or other materials relating to the cul19 tural, historical, and natural resources associated

20 with the Plant.

21 (c) SUBMISSION OF REPORT.—The Secretary shall

22 submit the report required by this section not later than

23 May 1, 1995.
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1 SEC. 2845. DEPARTMENT OF DEFENSE LABORATORY REVI2 TALIZATION DEMONSTRATION PROGRAM.

3 (a) PROGRAM REQUIRED.—The Secretary of Defense

4 shall carry out a Department of Defense Laboratory Revi5 talization Demonstration Program. Under the program

6 the Secretary may carry out minor military construction

7 projects in accordance with subsection (b) and other appli8 cable law to improve Department of Defense laboratories

9 covered by the program.

10 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

11 MINOR CONSTRUCTION PROJECTS.—For purpose of any

12 military construction project carried out under the pro13 gram—

14 (1) the amount provided in subsection (a)(1) of

15 section 2805 of title 10, United States Code, shall

16 be deemed to be $3,000,000;

17 (2) the amount provided in subsection (b)(1) of

18 such section shall be deemed to be $1,500,000; and

19 (3) the amount provided in subsection (c)(1) of

20 such section shall be deemed to be $1,000,000.

21 (c) DESIGNATION OF COVERED LABORATORIES.—

22 Not later than 30 days before commencing the program,

23 the Secretary shall designate the Department of Defense

24 laboratories that are to be covered by the program and

25 notify Congress of the laboratories so designated. Only the

26 designated laboratories may be covered by the program.
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1 (d) REPORT.—Not later than September 30, 1998,

2 the Secretary shall submit to Congress a report on the

3 program. The report shall include the Secretary’s conclu4 sions and recommendations regarding the desirability and

5 feasibility of extending the authority set forth in sub6 section (b) to cover all Department of Defense labora7 tories.

8 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec9 tion may be construed to limit any other authority pro10 vided by law for any military construction project at a De11 partment of Defense laboratory covered by the program.

12 (f) DEFINITIONS.—In this section:

13 (1) The term ‘‘laboratory’’ includes—

14 (A) a research, engineering, and develop15 ment center;

16 (B) a test and evaluation activity owned,

17 funded, and operated by the Federal Govern18 ment through the Department of Defense; and

19 (C) a supporting facility of a laboratory.

20 (2) The term ‘‘supporting facility’’, with respect

21 to a laboratory, means any building or structure

22 that is used in support of research, development,

23 test, and evaluation at a laboratory.
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1 (3) The term ‘‘Department of Defense labora2 tory’’ does not include a contractor owned labora3 tory.

4 (g) EXPIRATION OF AUTHORITY.—The Secretary

5 may not carry out the program after September 30, 1999.

6 SEC. 2846. AGREEMENTS OF SETTLEMENT FOR RELEASE

7 OF IMPROVEMENTS AT OVERSEAS MILITARY

8 INSTALLATIONS.

9 (a) AGREEMENTS SUBJECT TO OMB REVIEW.—Sub10 section (g) of section 2921 of the Military Construction

11 Authorization Act for Fiscal Year 1991 (division B of

12 Public Law 101–510; 10 U.S.C. 2687 note) is amended

13 by inserting after the first sentence the following: ‘‘The

14 prohibition set forth in the preceding sentence shall apply

15 only to agreements of settlement for improvements having

16 a value in excess of $10,000,000.’’.

17 (b) REPORTS TO CONGRESS.—Such subsection, as

18 amended by subsection (a), is further amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

20 Defense’’; and

21 (2) by adding at the end the following:

22 ‘‘(2) Each year, the Secretary shall submit to the

23 Committees on Armed Services of the Senate and the

24 House of Representatives a report on each proposed agree25 ment of settlement that was not submitted by the Sec-
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1 retary to the Director of the Office of Management and

2 Budget in the previous year under paragraph (1) because

3 the value of the improvements to be released pursuant to

4 the proposed agreement did not exceed $10,000,000.’’.

5 DIVISION C—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 AUTHORIZATIONS AND

8 OTHER AUTHORIZATIONS

9 TITLE XXXI—DEPARTMENT OF

10 ENERGY NATIONAL SECURITY

11 PROGRAMS

12 Subtitle A—National Security

13 Programs Authorizations

14 SEC. 3101. WEAPONS ACTIVITIES.

15 (a) RESEARCH AND DEVELOPMENT.—Subject to sub16 section (f), funds are hereby authorized to be appropriated

17 to the Department of Energy for fiscal year 1995 for re18 search and development in carrying out weapons activities

19 necessary for national security programs in the amount

20 of $1,187,818,000, to be allocated as follows:

21 (1) For core research and development,

22 $795,551,000, to be allocated as follows:

23 (A) For operating expenses, $649,341,000.

24 (B) For capital equipment, $69,420,000.
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1 (C) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and the con4 tinuation of projects authorized in prior years,

5 and land acquisition related thereto),

6 $76,790,000, to be allocated as follows:

7 Project GPD–101, general plant

8 projects, various locations, $8,500,000.

9 Project 95–D–102, Chemical and

10 Metallurgy Research Building upgrades,

11 Los Alamos National Laboratory, New

12 Mexico, $3,300,000.

13 Project 94–D–102, nuclear weapons

14 research, development, and testing facili15 ties revitalization, Phase V, various loca16 tions, $13,000,000.

17 Project 92–D–102, nuclear weapons

18 research, development, and testing facili19 ties revitalization, Phase IV, various loca20 tions, $21,810,000.

21 Project 90–D–102, nuclear weapons

22 research, development, and testing facili23 ties revitalization, Phase III, various loca24 tions, $7,700,000.
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1 Project 88–D–106, nuclear weapons

2 research, development, and testing facili3 ties revitalization, Phase II, various loca4 tions, $22,480,000.

5 (2) For inertial fusion, $176,473,000, to be al6 located as follows:

7 (A) For operating expenses, $166,755,000.

8 (B) For capital equipment, $9,718,000.

9 (3) For technology transfer, $215,794,000, to

10 be allocated as follows:

11 (A) For operating expenses, $209,794,000.

12 (B) For capital equipment, $6,000,000.

13 (b) TESTING.—Subject to subsection (f), funds are

14 hereby authorized to be appropriated to the Department

15 of Energy for fiscal year 1995 for testing in carrying out

16 weapons activities necessary for national security pro17 grams in the amount of $384,719,000, to be allocated as

18 follows:

19 (1) For testing capabilities and readiness

20 $374,719,000, to be allocated as follows:

21 (A) For operating expenses, $338,249,000.

22 (B) For capital equipment, $15,470,000.

23 (C) For plant projects (including mainte24 nance, restoration, planning, construction, ac25 quisition, modification of facilities, and the con-
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1 tinuation of projects authorized in prior years,

2 and land acquisition related thereto),

3 $21,000,000, to be allocated as follows:

4 Project GPD–101, general plant

5 projects, various locations, $4,000,000.

6 Project 93–D–102, Nevada support

7 facility, North Las Vegas, Nevada,

8 $17,000,000.

9 (2) For operating expenses for solar energy de10 velopment, $10,000,000.

11 (c) STOCKPILE SUPPORT.—Subject to subsection (f),

12 funds are hereby authorized to be appropriated to the De13 partment of Energy for fiscal year 1995 for stockpile sup14 port in carrying out weapons activities necessary for na15 tional security programs in the amount of

16 $1,557,085,000, to be allocated as follows:

17 (1) For operating expenses for stockpile sup18 port, $1,487,085,000.

19 (2) For capital equipment, $15,880,000.

20 (3) For plant projects (including maintenance,

21 restoration, planning, construction, acquisition,

22 modification of facilities, and the continuation of

23 projects authorized in prior years, and land acquisi24 tion related thereto), $54,120,000, to be allocated as

25 follows:
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1 Project GPD–121, general plant projects,

2 various locations, $1,000,000.

3 Project 95–D–122, sanitary sewer upgrade

4 Oak Ridge Y-12 Plant, Oak Ridge, Tennessee,

5 $2,200,000.

6 Project 95–D–123, replace transportation

7 safeguards, aviation facility, Albuquerque, New

8 Mexico, $2,000,000.

9 Project 94–D–124, hydrogen fluoride sup10 ply system, Oak Ridge Y–12 Plant, Oak Ridge,

11 Tennessee, $6,300,000.

12 Project 94–D–125, upgrade life safety,

13 Kansas City Plant, Kansas City, Missouri,

14 $1,000,000.

15 Project 94–D–127, emergency notification

16 system, Pantex Plant, Amarillo, Texas,

17 $1,000,000.

18 Project 94–D–128, environmental safety

19 and health analytical laboratory, Pantex Plant,

20 Amarillo, Texas, $1,000,000.

21 Project 93–D–122, life safety upgrades,

22 Y–12 Plant, Oak Ridge, Tennessee,

23 $5,000,000.
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1 Project 88–D–122, facilities capability as2 surance program, various locations,

3 $19,620,000.

4 Project 88–D–123, security enhancements,

5 Pantex Plant, Amarillo, Texas, $15,000,000.

6 (d) PROGRAM DIRECTION.—Subject to subsection (f),

7 funds are hereby authorized to be appropriated to the De8 partment of Energy for fiscal year 1995 for program di9 rection in carrying out weapons activities necessary for na10 tional security programs in the amount of $169,852,000,

11 to be allocated as follows:

12 (1) For operating expenses for weapons pro13 gram direction, $167,498,000.

14 (2) For capital equipment, $2,354,000.

15 (e) RECONFIGURATION.—Subject to subsection (f),

16 funds are hereby authorized to be appropriated to the De17 partment of Energy for fiscal year 1995 for nuclear weap18 ons complex reconfiguration in carrying out weapons ac19 tivities necessary for national security programs in the

20 amount of $152,271,000, to be allocated as follows:

21 (1) For operating expenses for reconfiguration,

22 $94,271,000.

23 (2) For plant projects (including maintenance,

24 restoration, planning, construction, acquisition,

25 modification of facilities, and the continuation of
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1 projects authorized in prior years, and land acquisi2 tion related thereto), $58,000,000, all of which to be

3 allocated as follows:

4 Project 93–D–123, complex-21, various lo5 cations.

6 (f) ADJUSTMENTS.—Subject to section 3105, the

7 total amount authorized to be appropriated pursuant to

8 this section is the sum of the amounts authorized to be

9 appropriated in subsections (a) through (e) reduced by the

10 sum of—

11 (1) $131,077,000, for use of prior year bal12 ances; and

13 (2) $11,000,000, for savings resulting from

14 procurement reform.

15 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

16 MANAGEMENT.

17 (a) CORRECTIVE ACTIVITIES.—Subject to subsection

18 (h), funds are hereby authorized to be appropriated to the

19 Department of Energy for fiscal year 1995 for corrective

20 activities in carrying out environmental restoration and

21 waste management activities necessary for national secu22 rity programs in the amount of $1,012,000, all of which

23 to be allocated to a plant project (including maintenance,

24 restoration, planning, construction, acquisition, modifica25 tion of facilities, and the continuation of projects author-
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1 ized in prior years, and land acquisition related thereto)

2 as follows:

3 Project 92–D–403, tank upgrades project, Law4 rence Livermore National Laboratory, California.

5 (b) ENVIRONMENTAL RESTORATION.—(1) Subject to

6 paragraph (2), funds are hereby authorized to be appro7 priated to the Department of Energy for fiscal year 1995

8 for environmental restoration for operating expenses in

9 carrying out environmental restoration and waste manage10 ment activities necessary for national security programs

11 in the amount of $1,531,969,000.

12 (2) Subject to subsection (h), the amount authorized

13 to be appropriated pursuant to this subsection is the

14 amount authorized to be appropriated in paragraph (1)

15 reduced by $133,900,000, as a result of the productivity

16 savings initiative.

17 (c) WASTE MANAGEMENT.—(1) Subject to paragraph

18 (2), funds are hereby authorized to be appropriated to the

19 Department of Energy for fiscal year 1995 for waste man20 agement in carrying out environmental restoration and

21 waste management activities necessary for national secu22 rity programs in the amount of $2,913,045,000, to be allo23 cated as follows:

24 (A) For operating expenses, $2,408,029,000.

25 (B) For capital equipment, $104,790,000.
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1 (C) For plant projects (including maintenance,

2 restoration, planning, construction, acquisition,

3 modification of facilities, and the continuation of

4 projects authorized in prior years, and land acquisi5 tion related thereto), $400,226,000, to be allocated

6 as follows:

7 Project GPD–171, general plant projects,

8 various locations, $23,742,000.

9 Project 95–D–401, radiological support fa10 cilities, Richland, Washington, $1,585,000.

11 Project 95–D–402, install permanent elec12 trical service, Waste Isolation Pilot Plant, New

13 Mexico, $700,000.

14 Project 95–D–403, hazardous waste stor15 age facility, Mound Plant, Miamisburg, Ohio,

16 $597,000.

17 Project 95–D–405, industrial landfill V

18 and construction demolition landfill VII, Oak

19 Ridge Y–12 Plant, Oak Ridge, Tennessee,

20 $1,000,000.

21 Project 95–D–406, road 5–01 reconstruc22 tion, area 5, Nevada Test Site, Nevada,

23 $2,338,000.
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1 Project 95–D–407, 219-S secondary con2 tainment upgrade, Richland, Washington,

3 $2,000,000.

4 Project 95–D–408, Phase II liquid effluent

5 treatment and disposal, Richland, Washington,

6 $7,100,000.

7 Project 94–D–400, high explosive

8 wastewater treatment system, Los Alamos Na9 tional Laboratory, Los Alamos, New Mexico,

10 $1,000,000.

11 Project 94–D–402, liquid waste treatment

12 system, Nevada Test Site, Nevada, $3,292,000.

13 Project 94–D–404, Melton Valley storage

14 tank capacity increase, Oak Ridge National

15 Laboratory, Oak Ridge, Tennessee,

16 $21,373,000.

17 Project 94–D–406, low-level waste disposal

18 facilities, K–25, Oak Ridge, Tennessee,

19 $6,000,000.

20 Project 94–D–407, initial tank retrieval

21 systems, Richland, Washington, $17,700,000.

22 Project 94–D–408, office facilities—200

23 East, Richland, Washington, $4,000,000.

24 Project 94–D–411, solid waste operation

25 complex, Richland, Washington, $42,200,000.
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1 Project 94–D–416, solvent storage tanks

2 installation, Savannah River, South Carolina,

3 $1,700,000.

4 Project 94–D–417, intermediate-level and

5 low-activity waste vaults, Savannah River,

6 South Carolina, $300,000.

7 Project 93–D–174, plant drain waste

8 water treatment upgrades, Y–12 Plant, Oak

9 Ridge, Tennessee, $1,400,000.

10 Project 93–D–178, building 374 liquid

11 waste treatment facility, Rocky Flats, Golden,

12 Colorado, $3,300,000.

13 Project 93–D–181, radioactive liquid waste

14 line replacement, Richland, Washington,

15 $3,300,000.

16 Project 93–D–182, replacement of cross17 site transfer system, Richland, Washington,

18 $18,910,000.

19 Project 93–D–183, multi-tank waste stor20 age facility, Richland, Washington,

21 $95,305,000.

22 Project 93–D–187, high-level waste re23 moval from filled waste tanks, Savannah River,

24 Aiken, South Carolina, $26,525,000.
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1 Project 92–D–177, tank 101–AZ waste re2 trieval system, Richland, Washington,

3 $5,000,000.

4 Project 92–D–188, waste management

5 ES&H, and compliance activities, various loca6 tions, $2,846,000.

7 Project 91–D–171, waste receiving and

8 processing facility, module 1, Richland, Wash9 ington, $3,995,000.

10 Project 90–D–172, aging waste transfer

11 line, Richland, Washington, $3,819,000.

12 Project 90–D–177, RWMC transuranic

13 (TRU) waste characterization and storage facil14 ity, Idaho National Engineering Laboratory,

15 Idaho, $11,747,000.

16 Project 90–D–178, TSA retrieval contain17 ment building, Idaho National Engineering

18 Laboratory, Idaho, $7,594,000.

19 Project 89–D–173, tank farm ventilation

20 upgrade, Richland, Washington, $800,000.

21 Project 89–D–174, replacement high-level

22 waste evaporator, Savannah River, South Caro23 lina, $18,000,000.
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1 Project 89–D–175, hazardous waste/mixed

2 waste disposal facility, Savannah River, South

3 Carolina, $500,000.

4 Project 86–D–103, decontamination and

5 waste treatment facility, Lawrence Livermore

6 National Laboratory, California, $9,500,000.

7 Project 83–D–148, nonradioactive hazard8 ous waste management, Savannah River, South

9 Carolina, $6,000,000.

10 Project 81–T–105, defense waste process11 ing facility, Savannah River, South Carolina,

12 $45,058,000.

13 (2) Subject to subsection (h), the total amount au14 thorized to be appropriated pursuant to this subsection is

15 the sum of the amounts authorized to be appropriated in

16 paragraph (1) reduced by $160,800,000, as a result of the

17 productivity savings initiative.

18 (d) TECHNOLOGY DEVELOPMENT.—Subject to sub19 section (h), funds are hereby authorized to be appro20 priated to the Department of Energy for fiscal year 1995

21 for technology development in carrying out environmental

22 restoration and waste management activities necessary for

23 national security programs in the amount of

24 $426,409,000, to be allocated as follows:

25 (1) For operating expenses, $400,974,000.
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1 (2) For capital equipment, $25,435,000.

2 (e) TRANSPORTATION MANAGEMENT.—Subject to

3 subsection (h), funds are hereby authorized to be appro4 priated to the Department of Energy for fiscal year 1995

5 for transportation management in carrying out environ6 mental restoration and waste management activities nec7 essary for national security programs in the amount of

8 $20,684,000, to be allocated as follows:

9 (1) For operating expenses, $20,240,000.

10 (2) For capital equipment, $444,000.

11 (f) PROGRAM DIRECTION.—Subject to subsection (h),

12 funds are hereby authorized to be appropriated to the De13 partment of Energy for fiscal year 1995 for program di14 rection in carrying out environmental restoration and

15 waste management activities necessary for national secu16 rity programs in the amount of $84,948,000, to be allo17 cated as follows:

18 (1) For operating expenses, $83,748,000.

19 (2) For capital equipment, $1,200,000.

20 (g) FACILITY TRANSITION AND MANAGEMENT.—(1)

21 Subject to paragraph (2), funds are hereby authorized to

22 be appropriated to the Department of Energy for fiscal

23 year 1995 for facility transition and management in carry24 ing out environmental restoration and waste management
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1 activities necessary for national security programs in the

2 amount of $791,857,000, to be allocated as follows:

3 (A) For operating expenses, $681,550,000.

4 (B) For capital equipment, $23,947,000.

5 (C) For plant projects (including maintenance,

6 restoration, planning, construction, acquisition,

7 modification of facilities, and the continuation of

8 projects authorized in prior years, and land acquisi9 tion related thereto), $86,360,000, to be allocated as

10 follows:

11 Project GPD–171, general plant projects,

12 various locations, $20,495,000.

13 Project 95–D–453, primary highway route

14 north of the Wye Barricade, Richland, Wash15 ington, $2,500,000.

16 Project 95–D–454, 324 facility compliance/

17 renovation, Richland, Washington, $1,500,000.

18 Project 95–D–455, Idaho National Engi19 neering Laboratory radio communications up20 grade, Idaho National Engineering Laboratory,

21 Idaho, $1,440,000.

22 Project 95–D–456, security facilities up23 grade, Idaho Chemical Processing Plant, Idaho

24 National Engineering Laboratory, Idaho,

25 $986,000.
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1 Project 94–D–122, underground storage

2 tanks, Rocky Flats, Colorado, $2,500,000.

3 Project 94–D–401, emergency response fa4 cility, Idaho National Engineering Laboratory,

5 Idaho, $5,219,000.

6 Project 94–D–412, 300 area process sewer

7 piping upgrade, Richland, Washington,

8 $7,800,000.

9 Project 94–D–415, medical facilities, Idaho

10 National Engineering Laboratory, Idaho,

11 $4,920,000.

12 Project 94–D–451, infrastructure replace13 ment, Rocky Flats Plant, Golden, Colorado,

14 $10,600,000.

15 Project 93–D–172, electrical upgrade,

16 Idaho National Engineering Laboratory, Idaho,

17 $7,800,000.

18 Project 93–D–184, 325 facility compliance/

19 renovation, Richland, Washington, $1,000,000.

20 Project 93–D–186, 200 area unsecured

21 core area fabrication shop, Richland, Washing22 ton, $4,000,000.

23 Project 92–D–125, master safeguards and

24 security agreement/materials surveillance task
343

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1 force security upgrades, Rocky Flats Plant,

2 Golden, Colorado, $2,100,000.

3 Project 92–D–181, INEL fire and life

4 safety improvements, Idaho National Engineer5 ing Laboratory, Idaho, $6,000,000.

6 Project 92–D–182, INEL sewer system

7 upgrade, Idaho National Engineering Labora8 tory, Idaho, $1,900,000.

9 Project 92–D–186, steam system rehabili10 tation, Phase II, Richland, Washington,

11 $5,600,000.

12 (2) Subject to subsection (h), the total amount au13 thorized to be appropriated pursuant to this subsection is

14 the sum of the amounts authorized to be appropriated in

15 paragraph (1) reduced by $5,000,000, as a result of the

16 productivity savings initiative.

17 (h) PRIOR YEAR BALANCES.—Subject to section

18 3105, the total amount authorized to be appropriated pur19 suant to this section is the sum of the amounts authorized

20 to be appropriated in subsections (a), (b)(2), (c)(2), (d),

21 (e), (f), and (g)(2) reduced by the sum of—

22 (1) $240,300,000 for use of prior year bal23 ances; and

24 (2) $17,500,000 for savings resulting from pro25 curement reform.
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1 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE2 FENSE PROGRAMS.

3 (a) MATERIALS SUPPORT.—Subject to subsection

4 (d), funds are hereby authorized to be appropriated to the

5 Department of Energy for fiscal year 1995 for materials

6 support in carrying out nuclear materials support nec7 essary for national security programs in the amount of

8 $887,225,000, to be allocated as follows:

9 (1) For reactor operations, $163,634,000.

10 (2) For processing of nuclear materials,

11 $369,468,000.

12 (3) For support services, $167,776,000.

13 (4) For capital equipment, $39,427,000.

14 (5) For plant projects (including maintenance,

15 restoration, planning, construction, acquisition,

16 modification of facilities, and the continuation of

17 projects authorized in prior years, and land acquisi18 tion related thereto), $88,950,000, to be allocated as

19 follows:

20 Project GPD–146, general plant projects,

21 various locations, $21,000,000.

22 Project 95–D–154, health physics site sup23 port facility, Savannah River, South Carolina,

24 $2,000,000.
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1 Project 95–D–155, upgrade site road in2 frastructure, Savannah River, South Carolina,

3 $750,000.

4 Project 95–D–156, radio trunking system,

5 Savannah River, South Carolina, $2,100,000.

6 Project 95–D–157, D–area powerhouse life

7 extension, Savannah River, South Carolina,

8 $4,000,000.

9 Project 95–D–158, disassembly basin up10 grades K, L, and P, Savannah River, South

11 Carolina, $13,000,000.

12 Project 93–D–147, domestic water system

13 upgrade, Phases I and II, Savannah River,

14 South Carolina, $11,300,000.

15 Project 93–D–148, replace high-level drain

16 lines, Savannah River, South Carolina,

17 $2,700,000.

18 Project 93–D–152, environmental modi19 fication for production facilities, Savannah

20 River, South Carolina, $2,900,000.

21 Project 92–D–143, health protection in22 strument calibration facility, Savannah River,

23 South Carolina, $3,000,000.
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1 Project 90–D–149, plantwide fire protec2 tion, Phases I and II, Savannah River, South

3 Carolina, $21,000,000.

4 Project 92–D–150, operations support fa5 cilities, Savannah River, South Carolina,

6 $2,000,000.

7 Project 92–D–153, engineering support fa8 cility, Savannah River, South Carolina,

9 $3,200,000.

10 (6) For program direction, $58,000,000.

11 (b) OTHER DEFENSE PROGRAMS.—Subject to sub12 section (d), funds are hereby authorized to be appro13 priated to the Department of Energy for fiscal year 1995

14 for other defense programs in carrying out defense pro15 grams necessary for national security programs in the

16 amount of $692,204,000, to be allocated as follows:

17 (1) For verification and control technology,

18 $358,102,000, to be allocated as follows:

19 (A) For operating expenses, $342,229,000.

20 (B) For capital equipment, $15,873,000.

21 (2) For nuclear safeguards and security,

22 $85,816,000, to be allocated as follows:

23 (A) For operating expenses, $82,421,000.

24 (B) For capital equipment, $3,395,000.

25 (3) For security investigations, $38,827,000.
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1 (4) For security evaluations, $14,780,000.

2 (5) For the Office of Nuclear Safety,

3 $24,679,000, to be allocated as follows:

4 (A) For operating expenses, $24,629,000.

5 (B) For capital equipment, $50,000.

6 (6) For worker and community transition,

7 $120,000,000.

8 (7) For fissile material control and disposition,

9 $50,000,000.

10 (c) NAVAL REACTORS.—Subject to subsection (d),

11 funds are hereby authorized to be appropriated to the De12 partment of Energy for fiscal year 1995 for naval reactors

13 in carrying out nuclear materials support and other de14 fense programs necessary for national security programs

15 in the amount of $730,651,000, to be allocated as follows:

16 (1) For naval reactors development,

17 $698,651,000, to be allocated as follows:

18 (A) For operating expenses:

19 (i) For plant development,

20 $146,700,000.

21 (ii) For reactor development,

22 $348,951,000.

23 (iii) For reactor operation and evalua24 tion, $136,000,000.
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1 (iv) For program direction,

2 $18,800,000.

3 (B) For capital equipment, $28,200,000.

4 (C) For plant projects (including mainte5 nance, restoration, planning, construction, ac6 quisition, modification of facilities, and the con7 tinuation of projects authorized in prior years,

8 and land acquisition related thereto),

9 $20,000,000, to be allocated as follows:

10 Project GPN–101, general plant

11 projects, various locations, $6,200,000.

12 Project 95–D–200, laboratory systems

13 and hot cell upgrades, various locations,

14 $2,400,000.

15 Project 95–D–201, advanced test re16 actor radioactive waste system upgrades,

17 Idaho National Engineering Laboratory,

18 Idaho, $700,000.

19 Project 93–D–200, engineering serv20 ices facilities, Knolls Atomic Power Lab21 oratory, Niskayuna, New York,

22 $7,900,000.

23 Project 92–D–200, laboratories facili24 ties upgrades, various locations,

25 $2,800,000.
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1 (2) For enrichment materials, for operating ex2 penses, $32,000,000.

3 (d) ADJUSTMENTS.—Subject to section 3105, the

4 total amount that may be appropriated pursuant to this

5 section is the sum of the amounts authorized to be appro6 priated in subsections (a), (b), and (c) reduced by the sum

7 of —

8 (1) $40,000,000, for recovery of overpayment to

9 the Savannah River Pension Fund;

10 (2) $6,500,000, for savings resulting from pro11 curement reform; and

12 (3) $369,700,000, for transfer and use of prior

13 year balances for materials support and other de14 fense programs.

15 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

16 Funds are hereby authorized to be appropriated to

17 the Department of Energy for fiscal year 1995 for pay18 ment to the Nuclear Waste Fund established in section

19 302(c) of the Nuclear Waste Policy Act of 1982 (42

20 U.S.C. 10222(c)) in the amount of $129,430,000.

21 SEC. 3105. GENERAL REDUCTION IN AUTHORIZATION OF

22 APPROPRIATIONS.

23 The total amount authorized to be appropriated pur24 suant to sections 3101, 3102, 3103, and 3104 is the sum

25 of the amounts authorized to be appropriated in such sec-
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1 tions reduced by $220,000,000 for use of prior year bal2 ances from fiscal year 1994.

3 Subtitle B—Recurring General

4 Provisions

5 SEC. 3121. REPROGRAMMING.

6 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

7 provided in this title—

8 (A) no amount appropriated pursuant to this

9 title may be used for any program in excess of the

10 lesser of—

11 (i) 105 percent of the amount authorized

12 for that program by this title; or

13 (ii) $10,000,000 more than the amount

14 authorized for that program by this title; and

15 (B) no amount appropriated pursuant to this

16 title may be used for any program which has not

17 been presented to, or requested of, the Congress.

18 (2) An action described in paragraph (1) may not be

19 taken until—

20 (A) the Secretary of Energy has submitted to

21 the congressional defense committees a report con22 taining a full and complete statement of the action

23 proposed to be taken and the facts and cir24 cumstances relied upon in support of the proposed

25 action; and
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1 (B) a period of 30 days has elapsed after the

2 date on which the report is received by the commit3 tees.

4 (3) In the computation of the 30-day period under

5 paragraph (2), there shall be excluded any day on which

6 either House of Congress is not in session because of an

7 adjournment of more than 3 calendar days to a day cer8 tain.

9 (b) LIMITATION ON AMOUNT OBLIGATED.—In no

10 event may the total amount of funds obligated pursuant

11 to this title exceed the total amount authorized to be ap12 propriated by this title.

13 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

14 (a) IN GENERAL.—The Secretary of Energy may

15 carry out any construction project under the general plant

16 projects authorized by this title if the total estimated cost

17 of the construction project does not exceed $2,000,000.

18 (b) REPORT TO CONGRESS.—If, at any time during

19 the construction of any general plant project authorized

20 by this title, the estimated cost of the project is revised

21 because of unforeseen cost variations and the revised cost

22 of the project exceeds $2,000,000, the Secretary shall im23 mediately furnish a complete report to the congressional

24 defense committees explaining the reasons for the cost

25 variation.
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1 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

2 (a) IN GENERAL.—(1) Except as provided in para3 graph (2), construction on a construction project may not

4 be started or additional obligations incurred in connection

5 with the project above the total estimated cost, whenever

6 the current estimated cost of the construction project,

7 which is authorized by section 3101, 3102, or 3103, or

8 which is in support of national security programs of the

9 Department of Energy and was authorized by any pre10 vious Act, exceeds by more than 25 percent the higher

11 of—

12 (A) the amount authorized for the project; or

13 (B) the amount of the total estimated cost for

14 the project as shown in the most recent budget jus15 tification data submitted to the Congress.

16 (2) An action described in paragraph (1) may be

17 taken if—

18 (A) the Secretary of Energy has submitted to

19 the congressional defense committees a report on the

20 action and the circumstances making such action

21 necessary; and

22 (B) a period of 30 days has elapsed after the

23 date on which the report is received by the commit24 tees.

25 (3) In the computation of the 30-day period under

26 paragraph (2), there shall be excluded any day on which
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1 either House of Congress is not in session because of an

2 adjournment of more than 3 calendar days to a day cer3 tain.

4 (b) EXCEPTION.—Subsection (a) shall not apply to

5 any construction project which has a current estimated

6 cost of less than $5,000,000.

7 SEC. 3124. FUNDS TRANSFER AUTHORITY.

8 The Secretary of Energy may transfer funds appro9 priated pursuant to this title to other agencies of the Fed10 eral Government for the performance of the work for

11 which the funds were appropriated, and funds so trans12 ferred may be merged with the appropriations of the agen13 cy to which the funds are transferred.

14 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

15 (a) IN GENERAL.—(1) Within the amounts author16 ized by this title, the Secretary of Energy may carry out

17 advance planning and construction design (including ar18 chitectural and engineering services) in connection with

19 any proposed construction project if the total estimated

20 cost for such planning and design does not exceed

21 $3,000,000.

22 (2) In the case of any project in which the total esti23 mated cost for advance planning and design exceeds

24 $600,000, the Secretary shall notify the congressional de25 fense committees in writing of the details of such project
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1 at least 30 days before any funds are obligated for design

2 services for such project.

3 (b) SPECIFIC AUTHORITY REQUIRED.—In any case

4 in which the total estimated cost for advance planning and

5 construction design in connection with any construction

6 project exceeds $3,000,000, funds for such planning and

7 design must be specifically authorized by law.

8 SEC. 3126. REQUIREMENT FOR COMPLETION OF CONCEP9 TUAL DESIGN TO PRECEDE REQUEST FOR

10 CONSTRUCTION FUNDS.

11 (a) REQUIREMENT.—Before submitting to Congress

12 a request for funds for a construction project that is in

13 support of a national security program of the Department

14 of Energy, the Secretary of Energy shall complete a con15 ceptual design for that project.

16 (b) EXCEPTIONS.—The requirement in subsection (a)

17 does not apply to requests for funds—

18 (1) for the costs of preparing a conceptual de19 sign for a construction project referred to in that

20 subsection; or

21 (2) for emergency planning, design, and con22 struction activities under section 3127.
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1 SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DE2 SIGN, AND CONSTRUCTION ACTIVITIES.

3 (a) AUTHORITY.—The Secretary of Energy may use

4 any funds available to the Department of Energy under

5 sections 3101, 3102, and 3103, including those funds au6 thorized to be appropriated for advance planning and con7 struction design, to perform planning, design, and con8 struction activities for any Department of Energy national

9 security program construction project that, as determined

10 by the Secretary, must proceed expeditiously in order to

11 protect public health and safety, meet the needs of na12 tional defense, or protect property.

13 (b) LIMITATION.—The Secretary may not exercise

14 the authority under subsection (a) in the case of any con15 struction project until the Secretary has submitted to the

16 congressional defense committees a report on the activities

17 that the Secretary intends to carry out under this section

18 and the circumstances making such activities necessary.

19 (c) SPECIFIC AUTHORITY.—The requirement of sec20 tion 3125(b) does not apply to emergency planning, de21 sign, and construction activities conducted under this sec22 tion.

23 (d) REPORT.—The Secretary of Energy shall prompt24 ly report to the congressional defense committees any ex25 ercise of authority under this section.
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1 SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECU2 RITY PROGRAMS OF THE DEPARTMENT OF

3 ENERGY.

4 Subject to the provisions of appropriation Acts and

5 section 3121, amounts appropriated pursuant to this title

6 that are made available for management and support ac7 tivities and for general plant projects are available for use,

8 when necessary, in connection with all national security

9 programs of the Department of Energy.

10 SEC. 3129. AVAILABILITY OF FUNDS.

11 When so specified in an appropriation Act, amounts

12 appropriated for operating expenses, plant projects, and

13 capital equipment may remain available until expended.

14 Subtitle C—Program Authoriza15 tions, Restrictions, and Limita16 tions

17 SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND

18 TRAINING PROGRAM.

19 (a) CONDUCT OF PROGRAM.—(1) As part of the

20 stockpile stewardship program established pursuant to

21 section 3138 of the National Defense Authorization Act

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

23 1946; 42 U.S.C. 2121 note), the Secretary of Energy shall

24 conduct a stockpile stewardship recruitment and training

25 program at the Sandia National Laboratories, the Law-
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1 rence Livermore National Laboratory, and the Los Ala2 mos National Laboratory.

3 (2) The recruitment and training program shall be

4 conducted in coordination with the Chairman of the Joint

5 Nuclear Weapons Council established by section 179 of

6 title 10, United States Code, and the directors of the lab7 oratories referred to in paragraph (1).

8 (b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As

9 part of the recruitment and training program, the direc10 tors of the laboratories referred to in subsection (a)(1)

11 may employ undergraduate students, graduate students,

12 and postdoctoral fellows to carry out research sponsored

13 by such laboratories for military or nonmilitary dual-use

14 programs related to nuclear weapons stockpile steward15 ship.

16 (2) Of the amounts authorized to be appropriated to

17 the Secretary of Energy pursuant to section 3101(a)(1)

18 for weapons activities for core research and development

19 and allocated by the Secretary for education initiatives,

20 $4,000,000 shall be available for carrying out paragraph

21 (1). The amount available under this paragraph shall be

22 allocated equally among the laboratories referred to in

23 subsection (a)(1).

24 (c) ESTABLISHMENT OF RETIREE CORPS.—As part

25 of the training and recruitment program, the Secretary,
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1 in coordination with the directors of the laboratories re2 ferred to in subsection (a)(1), shall establish for the lab3 oratories a retiree corps of retired scientists who have ex4 pertise in research and development of nuclear weapons.

5 The directors may employ the retired scientists on a part6 time basis to provide appropriate assistance on nuclear

7 weapons issues, to contribute relevant information to be

8 archived, and to help to provide training to other sci9 entists.

10 (d) REPORT.—(1) Not later than February 1, 1995,

11 the Secretary of Energy shall submit to the congressional

12 defense committees a report on the demographic trends

13 of the personnel of the laboratories referred to in sub14 section (a)(1) and on actions taken by the Department

15 of Energy to remedy identified deficiencies in various skill

16 areas.

17 (2) The report shall be prepared in coordination with

18 the Chairman of the Joint Nuclear Weapons Council and

19 the directors of the laboratories. Information included in

20 the report shall be aggregated and compiled into statistical

21 categories.

22 (3) The report shall include the following:

23 (A) An inventory of the weapons-related tasks

24 that the laboratories need to perform to support

25 their nuclear weapons responsibilities.
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1 (B) An inventory of the skills necessary to com2 plete the weapons-related tasks referred to in sub3 paragraph (A).

4 (C) For each laboratory, the number of sci5 entists needed in each skill area to perform such

6 tasks.

7 (D) The number of the scientists providing

8 services in each skill area at each laboratory, stated

9 by age.

10 (E) An assessment of which skill areas are

11 understaffed.

12 (F) The number of scientists entering the weap13 ons program at each laboratory, and their skill

14 areas.

15 (G) The number of full-time equivalent person16 nel with weapon skills, their distribution by skill

17 and, for each such skill, their distribution by age.

18 (H) The number of scientists retiring from the

19 weapons program in the 5- year period ending on

20 the date of the report and the skill areas in which

21 they worked in the year preceding their retirement.

22 (I) Based on the information contained in sub23 paragraphs (A) through (H), a projection of the

24 skills areas that will become understaffed in the five

25 years following the date of the report.
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1 (J) Alternative actions that may be taken to re2 tain and recruit scientists for the weapons programs

3 at the laboratories in order to preserve a sufficient

4 skill base and to fulfill stockpile stewardship respon5 sibilities.

6 (K) Any plans of the Secretary to take any of

7 the alternative actions referred to in subparagraph

8 (J).

9 SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PRO10 GRAM.

11 Of the funds authorized to be appropriated by this

12 title to the Department of Energy for fiscal year 1995,

13 $176,473,000 shall be available for the defense inertial

14 confinement fusion program.

15 SEC. 3133. PAYMENT OF PENALTIES.

16 The Secretary of Energy may pay to the Hazardous

17 Substance Superfund established under section 9507 of

18 the Internal Revenue Code of 1986 (26 U.S.C. 9507),

19 from funds appropriated to the Department of Energy for

20 environmental restoration and waste management activi21 ties pursuant to section 3102, stipulated civil penalties as22 sessed under the Comprehensive Environmental Response,

23 Compensation and Liability Act of 1980 (42 U.S.C. 9601

24 et seq.) in amounts as follows:
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1 (1) $50,000, assessed against the Fernald En2 vironmental Management Project, Ohio, under such

3 Act.

4 (2) $50,000, assessed against the Portsmouth

5 Gaseous Diffusion Plant, Ohio, under such Act.

6 SEC. 3134. WATER MANAGEMENT PROGRAMS.

7 From funds authorized to be appropriated pursuant

8 to section 3102 to the Department of Energy for environ9 mental restoration and waste management activities, the

10 Secretary of Energy may reimburse the cities of West11 minster, Broomfield, Thornton, and Northglenn, in the

12 State of Colorado, $11,415,000 for the cost of implement13 ing water management programs. Reimbursements for the

14 water management programs shall not be considered a

15 major Federal action for purposes of section 102(2) of the

16 National Environmental Policy Act of 1969 (42 U.S.C.

17 4332(2)).

18 SEC. 3135. LIMITATION ON USE OF FUNDS FOR SPECIAL AC19 CESS PROGRAMS.

20 Not more than 20 percent of the funds appropriated

21 or otherwise made available to the Department of Energy

22 for fiscal year 1995 pursuant to this title that are avail23 able for limited access programs and special access pro24 gram may be obligated for a limited access program or

25 special access program until the Secretary of Energy sub-
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1 mits to the congressional defense committees the annual

2 reports required to be submitted in that fiscal year under

3 subsections (a) and (b) of section 93 of the Atomic Energy

4 Act of 1954 (42 U.S.C. 2122a).

5 SEC. 3136. PROTECTION OF NUCLEAR WEAPONS FACILI6 TIES WORKERS.

7 Of the funds authorized to be appropriated by section

8 310(2) for environmental restoration and waste manage9 ment activities, $11,000,000 shall be available to carry out

10 activities authorized under section 3131 of the National

11 Defense Authorization Act for Fiscal Years 1992 and

12 1993 (Public Law 102–190; 105 Stat. 1571; 42 U.S.C.

13 7274d), relating to worker protection at nuclear weapons

14 facilities.

15 SEC. 3137. NATIONAL SECURITY PROGRAMS.

16 Notwithstanding any other provision of law, not more

17 than 90 percent of the funds appropriated to the Depart18 ment of Energy for national security programs under this

19 title may be obligated for such programs until the Sec20 retary of Energy submits to the congressional defense

21 committees the five-year budget plan with respect to fiscal

22 year 1995 required under section 3144 of the National

23 Defense Authorization Act for Fiscal Years 1990 and

24 1991 (Public Law 101–189; 103 Stat. 1681; 42 U.S.C.

25 7271b).
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1 SEC. 3138. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

2 ENVIRONMENTAL RESTORATION AND WASTE

3 MANAGEMENT.

4 Of the funds authorized to be appropriated to the De5 partment of Energy for fiscal year 1995 for environmental

6 restoration and waste management, $1,000,000 shall be

7 available for the Scholarship and Fellowship Program for

8 Environmental Restoration and Waste Management car9 ried out under section 3123 of the National Defense Au10 thorization Act for Fiscal Years 1992 and 1993 (Public

11 Law 102–190; 105 Stat. 1572; 42 U.S.C. 7274e).

12 SEC. 3139. HAZARDOUS MATERIALS MANAGEMENT AND

13 HAZARDOUS MATERIALS EMERGENCY RE14 SPONSE TRAINING PROGRAM.

15 Of the funds authorized to be appropriated to the De16 partment of Energy for fiscal year 1995 under section

17 3102(d), not more than $14,000,000 shall be available to

18 carry out a hazardous materials management and hazard19 ous materials emergency response training program at

20 Hanford Nuclear Reservation, Richland, Washington.

21 SEC. 3140. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN

22 EXPOSED TO RADIATION RELEASED FROM

23 HANFORD NUCLEAR RESERVATION.

24 (a) FUNDING.—Of the funds authorized to be appro25 priated to the Department of Energy under section 3101

26 for fiscal year 1995, $3,295,591 shall be available for ac-
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1 tivities relating to the Hanford Health Information Net2 work established pursuant to the authority set forth in

3 section 3138 of the National Defense Authorization Act

4 for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

5 1834).

6 (b) LIMITATION ON RELEASE OF CERTAIN PER7 SONAL INFORMATION.—(1) Information referred to in

8 paragraph (2) that is collected from an individual pursu9 ant to operation of the Hanford Health Information Net10 work shall be used only by the Network unless the individ11 ual, or a designated legal representative of the individual,

12 authorizes in writing the use of the information for an13 other purpose.

14 (2) Paragraph (1) applies to the following informa15 tion:

16 (A) The name, address, telephone number, and

17 medical information and records of each individual

18 requesting assistance and information from the Net19 work.

20 (B) Such other information or categories of in21 formation as the chief officers of the health depart22 ments of the States of Washington, Oregon, and

23 Idaho jointly designate as information covered by

24 this subsection.
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1 SEC. 3141. SOLAR ENERGY ACTIVITIES AT NEVADA TEST

2 SITE, NEVADA.

3 Of the funds authorized to be appropriated to the De4 partment of Energy under section 3101, $10,000,000

5 shall be available for development of solar energy at the

6 Nevada Test Site, Nevada.

7 Subtitle D—Other Matters

8 SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT

9 OF ENERGY FUNDS.

10 (a) IN GENERAL.—The Secretary of Energy shall

11 prescribe procedures to account for the use of funds for

12 the performance of the programs and activities of the De13 partment of Energy for which funds are appropriated for

14 national security programs of the Department of Energy.

15 The procedures shall provide for such accounting for fiscal

16 years beginning after fiscal year 1996.

17 (b) COVERED MATTERS.—The Secretary shall pre18 scribe procedures under subsection (a)—

19 (1) to account for the funds appropriated to the

20 Department for national security programs and ac21 tivities of the Department that are not used for the

22 purpose for which such funds were appropriated;

23 and

24 (2) to provide an accounting for all encumbered

25 funds, unencumbered funds, unobligated funds,
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1 costed funds, and uncosted obligations of the De2 partment in that fiscal year.

3 SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS

4 ACTIVITIES.

5 (a) APPROVAL BY JOINT NUCLEAR WEAPONS COUN6 CIL.—Subsection (d) of section 179 of title 10, United

7 States Code, is amended—

8 (1) by redesignating paragraphs (8) and (9) as

9 paragraphs (9) and (10), respectively; and

10 (2) by inserting after paragraph (7) the follow11 ing new paragraph (8):

12 ‘‘(8) Coordinating and approving activities initi13 ated or conducted by the Department of Energy for

14 the study, development, and production of nuclear

15 warheads, including concept definition studies, fea16 sibility studies, engineering development, hardware

17 component fabrication, warhead production, and

18 warhead retirement.’’.

19 (b) TECHNICAL AMENDMENTS.—Subsections (a)(3)

20 and (b) of such section are amended by striking out ‘‘ap21 pointed’’ each place it appears and inserting in lieu thereof

22 ‘‘designated’’.
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1 SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CER2 TAIN ACTIVITIES AT THE NEVADA TEST SITE,

3 NEVADA.

4 Not later than April 1, 1995, the Secretary of Energy

5 shall submit to Congress a report on the feasibility of con6 ducting the following activities at the Nevada Test Site,

7 Nevada:

8 (1) The demilitarization of large rocket motors,

9 high energetic explosives and conventional ordnance.

10 (2) Disarmament and demilitarization of con11 ventional weapons and components, generally.

12 (3) The conduct of experiments that assist in

13 monitoring compliance with international agreements

14 on the nonproliferation of nuclear weapons.

15 (4) The conduct of programs for the Depart16 ment of Energy and the Department of Defense to

17 develop simulator technologies for nuclear weapons

18 design and effects, including advanced hydrodynamic

19 simulators, fusion test facilities, and nuclear weap20 ons effects simulators (such as the Decade and Jupi21 ter simulators).

22 (5) The conduct of the stockpile stewardship

23 program established pursuant to section 3138 of the

24 National Defense Authorization Act for Fiscal Year

25 1994 (42 U.S.C. 2121 note).
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1 (6) Experiments related to the nonproliferation

2 of nuclear weapons, including experiments with re3 spect to disablement of such weapons, nuclear

4 forensics, sensors, and verification and monitoring.

5 SEC. 3154. TRITIUM PRODUCTION.

6 (a) ASSUMPTION OF RESPONSIBILITY FOR PRODUC7 TION.—Notwithstanding any other provision of law, the

8 Defense Nuclear Agency shall, effective October 1, 1995,

9 undertake responsibility for the production of tritium to

10 meet the tritium requirements of the United States after

11 2008.

12 (b) BUDGETARY MATTERS.—(1) The Secretary of

13 Defense shall identify in the defense budget documents

14 submitted to Congress for fiscal year 1996 the amount

15 that the Secretary proposes to make available to the De16 fense Nuclear Agency for that fiscal year in order to fund

17 the activities of the agency undertaken pursuant to sub18 section (a).

19 (2) The amount included in the budget documents

20 shall be the amount that the Secretary determines nec21 essary to ensure that the Defense Nuclear Agency has suf22 ficient resources—

23 (A) to identify and study tritium production

24 technologies necessary to meet the tritium require25 ments of the United States after 2008;
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1 (B) to meet any requirement under Federal law

2 for the preparation of assessments of the affects of

3 the utilization of technologies identified under sub4 paragraph (A) on the environment; and

5 (C) to select a tritium production technology to

6 meet the requirements referred to in that subpara7 graph.

8 (c) DEFENSE BUDGET DOCUMENTS DEFINED.—For

9 purposes of this section, the defense budget documents for

10 fiscal year 1996 are the documents relating to the budget

11 for the Department of Defense for such fiscal year that

12 the Secretary of Defense submits to Congress in support

13 of the budget for fiscal year 1996 that the President sub14 mits to Congress pursuant to section 1105(a) of title 31,

15 United States Code.

16 SEC. 3155. OFFICE OF FISSILE MATERIALS DISPOSITION.

17 (a) ESTABLISHMENT.—Title II of the Department of

18 Energy Organization Act (42 U.S.C. 7131 et seq.) is

19 amended by adding at the end the following:

20 ‘‘OFFICE OF FISSILE MATERIALS DISPOSITION

21 ‘‘SEC. 212. (a) There shall be within the Department

22 an Office of Fissile Materials Disposition.

23 ‘‘(b) The Secretary shall designate the head of the

24 Office. The head of the Office shall report to the Under

25 Secretary.
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1 ‘‘(c) The head of the Office shall be responsible for

2 all activities of the Department relating to the manage3 ment, storage, and disposition of fissile materials from

4 weapons and weapons systems that are excess to the na5 tional security needs of the United States.’’.

6 (b) CONFORMING AMENDMENT.—The table of con7 tents in the first section of such Act is amended by insert8 ing after the item relating to section 210 the following

9 new items:

‘‘Sec. 211. Office of Minority Economic Impact.

‘‘Sec. 212. Office of Fissile Materials Disposition.’’.

10 SEC. 3156. EXTENSION OF AUTHORITY TO LOAN PERSON11 NEL AND FACILITIES AT IDAHO NATIONAL

12 ENGINEERING LABORATORY.

13 Section 1434 of the National Defense Authorization

14 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

15 2074), as amended by section 3136 of the National De16 fense Authorization Act for Fiscal Year 1993 (Public Law

17 102–484; 106 Stat. 2641), is further amended—

18 (1) in the third sentence of subsection (a)(3),

19 by striking out ‘‘fiscal years 1993 and 1994’’ and in20 serting in lieu thereof ‘‘fiscal years 1993, 1994,

21 1995, 1996, and 1997’’; and

22 (2) in subsection (c), by striking out ‘‘Septem23 ber 30, 1994, with respect to the Idaho National

24 Engineering Laboratory’’ and inserting in lieu there-
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1 of ‘‘September 30, 1997, with respect to the Idaho

2 National Engineering Laboratory’’.

3 SEC. 3157. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR

4 PLAN FOR DEFENSE NUCLEAR FACILITIES.

5 Subsection (a) section 3135 of the National Defense

6 Authorization Act for Fiscal Years 1992 and 1993 (Public

7 Law 102–190; 105 Stat. 1575; 42 U.S.C. 7274g(a)) is

8 amended—

9 (1) in paragraph (1)—

10 (A) by striking out ‘‘(A) defense nuclear

11 facilities and (B) all other facilities owned or

12 operated by the Department of Energy’’ in the

13 first sentence and inserting in lieu thereof ‘‘all

14 facilities owned or operated by the Department

15 of Energy except defense nuclear facilities’’;

16 and

17 (B) by inserting ‘‘such’’ in the third sen18 tence after ‘‘restoration at all’’;

19 (2) in paragraph (4), by striking out ‘‘The plan

20 shall contain the following matter:’’ and inserting in

21 lieu thereof ‘‘The plan shall include, with respect to

22 the Department of Energy facilities required by

23 paragraph (1) to be covered by the plan, the follow24 ing matters:’’;

25 (3) by striking out paragraph (6); and
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1 (4) by redesignating paragraph (7) as para2 graph (6).

3 SEC. 3158. INCREASE IN NUMBER OF POSITIONS FOR ENVI4 RONMENTAL RESTORATION AND WASTE MAN5 AGEMENT PERSONNEL EXCEPTED FROM

6 CIVIL SERVICE LAWS.

7 Subsection (d) of section 621 of the Department of

8 Energy Organization Act (42 U.S.C. 7231) is amended

9 to read as follows:

10 ‘‘(d)(1) In addition to the number of positions which

11 may be placed above GS–15 under section 5108 of title

12 5, United States Code, under existing law, or under this

13 Act, and to the extent the Secretary considers necessary

14 to the discharge of the Secretary’s functions, the Secretary

15 may appoint personnel as follows:

16 ‘‘(A) Not more than 350 scientific, engineering,

17 professional, and administrative personnel who shall

18 perform environmental restoration and waste man19 agement functions and safety-related functions at

20 defense nuclear facilities.

21 ‘‘(B) Not more than 200 scientific, engineering,

22 professional, and administrative personnel who shall

23 perform such other functions as the Secretary shall

24 designate.

25 ‘‘(2) The Secretary may—
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1 ‘‘(A) appoint personnel under paragraph (1)

2 without regard to the civil service laws; and

3 ‘‘(B) fix the compensation of such personnel not

4 in excess of the maximum rate payable for positions

5 the rate of basic pay for which is fixed under section

6 5376 of title 5, United States Code.’’.

7 TITLE XXXII—DEFENSE NU8 CLEAR FACILITIES SAFETY

9 BOARD AUTHORIZATION

10 SEC. 3201. AUTHORIZATION.

11 There are authorized to be appropriated for fiscal

12 year 1995, $17,933,000 for the operation of the Defense

13 Nuclear Facilities Safety Board under chapter 21 of the

14 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

15 TITLE XXXIII—NATIONAL

16 DEFENSE STOCKPILE

17 SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATE18 RIALS CONTAINED IN THE NATIONAL DE19 FENSE STOCKPILE.

20 (a) DISPOSAL AUTHORIZED.—Subject to the condi21 tions specified in subsection (b), the President may dis22 pose of obsolete and excess materials currently contained

23 in the National Defense Stockpile in order to modernize

24 the stockpile. The materials subject to disposal under this

25 subsection and the quantity of each material authorized
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1 to be disposed of by the President are set forth in the

2 following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ...................................................................................... 62,843 short tons

Tungsten Group ............................................................................. 51,336,478 pounds

of contained tungsten

3 (b) CONDITIONS ON DISPOSAL.—The authority of the

4 President under subsection (a) to dispose of materials

5 stored in the stockpile may not be used unless and until

6 the Secretary of Defense certifies that the disposal of such

7 materials will not adversely affect the capability of the Na8 tional Defense Stockpile to supply the strategic and criti9 cal materials necessary to meet the needs of the United

10 States during a period of national emergency that requires

11 a significant level of mobilization of the economy of the

12 United States, including any reconstitution of the military

13 and industrial capabilities necessary to meet the planning

14 assumptions used by the Secretary of Defense under sec15 tion 14(b) of the Strategic and Critical Materials Stock

16 Piling Act (50 U.S.C. 98h–5(b)).

17 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

18 Subject to such limitations as may be provided in ap19 propriations Acts, during fiscal year 1995, the National

20 Defense Stockpile Manager may obligate up to

21 $54,200,000 of the funds in the National Defense Stock-
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1 pile Transaction Fund established under subsection (a) of

2 section 9 of the Strategic and Critical Materials Stock Pil3 ing Act (50 U.S.C. 98h) for the authorized uses of such

4 funds under subsection (b)(2) of such section.

5 SEC. 3303. REPEAL OF ADVISORY COMMITTEE REQUIRE6 MENT.

7 Section 3306 of the National Defense Authorization

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

9 2652; 50 U.S.C. 98h–1 note) is repealed.

10 SEC. 3304. ROTATION OF MATERIALS TO PREVENT TECHNO11 LOGICAL OBSOLESCENCE.

12 Section 6(a)(4) of the Strategic and Critical Mate13 rials Stock Piling Act (50 U.S.C. 98e(a)(4)) is amended

14 by inserting ‘‘or technological obsolescence’’ after ‘‘dete15 rioration’’.

16 TITLE XXXIV—CIVIL DEFENSE

17 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

18 There is hereby authorized to be appropriated

19 $129,658,000 for fiscal year 1995 for the purpose of car20 rying out the Federal Civil Defense Act of 1950 (50

21 U.S.C. 2251 et seq.).
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1 TITLE XXXV—PANAMA CANAL

2 COMMISSION

3 SEC. 3501. SHORT TITLE.

4 This title may be cited as the ‘‘Panama Canal Com5 mission Authorization Act for Fiscal Year 1995’’.

6 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

7 (a) IN GENERAL.—Subject to subsection (b), the

8 Panama Canal Commission is authorized to make such ex9 penditures within the limits of funds and borrowing au10 thority available to it in accordance with law, and to make

11 such contracts and commitments without regard to fiscal

12 year limitations, as may be necessary under the Panama

13 Canal Act of 1979 (22 U.S.C. 3601) for the operation,

14 maintenance, and improvement of the Panama Canal for

15 fiscal year 1995.

16 (b) LIMITATIONS.—For fiscal year 1995, the Panama

17 Canal Commission may expend from funds in the Panama

18 Canal Revolving Fund not more than $50,030,000 for ad19 ministrative expenses, of which not more than—

20 (1) $11,000 may be used for official reception

21 and representation expenses of the Supervisory

22 Board of the Commission;

23 (2) $5,000 may be used for official reception

24 and representation expenses of the Secretary of the

25 Commission; and
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1 (3) $30,000 may be used for official reception

2 and representation expenses of the Administrator of

3 the Commission.

4 (c) REPLACEMENT VEHICLES.—Funds available to

5 the Panama Canal Commission shall be available for the

6 purchase of not to exceed 43 passenger motor vehicles (in7 cluding large heavy-duty vehicles to be used to transport

8 Commission personnel across the isthmus of Panama). A

9 vehicle may be purchased with such funds only as nec10 essary to replace another passenger motor vehicle of the

11 Commission. The purchase price of each vehicle may not

12 exceed $19,500.

13 SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER

14 LAWS.

15 Expenditures authorized under this Act may be made

16 only in accordance with the Panama Canal Treaties of

17 1977 and any law of the United States implementing

18 those treaties.

19 SEC. 3504. COSTS OF EDUCATIONAL SERVICES OBTAINED

20 IN THE UNITED STATES.

21 Section 1321(e)(2) of the Panama Canal Act of 1979

22 (22 U.S.C. 3731(e)(2)) is amended by inserting ‘‘or the

23 United States’’ after ‘‘schools in the Republic of Panama’’.
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1 SEC. 3505. SPECIAL IMMIGRANT STATUS OF PANAMANIANS

2 EMPLOYED BY THE UNITED STATES IN THE

3 FORMER CANAL ZONE.

4 Section 101(a)(27)(F) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(27)(F)) is amended in

6 clause (ii) by inserting ‘‘or continues to be employed by

7 the United States Government in an area of the former

8 Canal Zone’’ after ‘‘employment’’.

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Calendar No. 459

103D CONGRESS

2D SESSION S. 2182

[Report No. 103–282]

A BILL

To authorize appropriations for fiscal year 1995 for

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

JUNE 14 (legislative day, JUNE 7), 1994

Read twice and placed on the calendar