103D CONGRESS

2D SESSION S. 2211

AN ACT

To authorize appropriations for fiscal year 1995 for

for other purposes.quisition laws of the Federal Government; andArmed Forces; to revise and streamline the acpersonnel 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,
103D CONGRESS

2D SESSION S. 2211

AN ACT

To authorize appropriations for fiscal year 1995 for military

activities of the Department of Defense, for military

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

such fiscal year for the Armed Forces; to revise and

streamline the acquisition laws of the Federal Government; and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Omnibus National De5 fense Authorization Act for Fiscal Year 1995’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

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

5 (1) Division A—Department of Defense Au6 thorizations.

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

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions.

12 (4) Division D—Federal Acquisition Streamlin13 ing.

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

15 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.

Sec. 107. Joint Training, Analysis and Simulation Center.

Subtitle B—Army Programs

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

Sec. 112. Transfer of replacement Army tank to Marine Corps Reserve.
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Sec. 113. Replacement surveillance system for Korea.

Sec. 114. Small arms industrial base.

Sec. 115. Bunker defeat munition missiles.

Subtitle C—Navy Programs

Sec. 121. Nuclear aircraft carrier program.

Sec. 122. Seawolf submarine program.

Sec. 123. Naval amphibious ready groups.

Subtitle D—Air Force Programs

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

Sec. 132. Retirement of bomber aircraft.

Subtitle E—Other Matters

Sec. 141. Preserving the bomber industrial base.

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

Sec. 143. Sales authority of working-capital funded Army industrial facilities.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Strategic environmental research and development program.

Sec. 204. High resolution imaging.

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.

Sec. 224. Management and budget responsibility for space-based chemical laser

program.

Sec. 225. Senate advice and consent on agreements that modify the Anti-Ballistic Missile Treaty.

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.
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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.

Sec. 235. Small business defense conversion guaranteed loans.

Subtitle E—Other Matters

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

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

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

Technology Council to Congress.

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

littoral warfare.

Sec. 245. LANSCE/LAMPF upgrades.

Sec. 246. Study regarding 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.

Sec. 250. Study on beaming high power laser energy to satellites.

Sec. 251. Advanced threat radar jammer.

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.

Sec. 307. Air National Guard fighter aircraft.

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.

Sec. 324. Extension of authority to issue surety bonds for certain environmental programs.

Subtitle D—Matters Relating to Department of Defense

Civilian Employees

Sec. 331. Extension of certain transition assistance authorities.
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Sec. 332. Extension and expansion of authority to conduct personnel demonstration projects.

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

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

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

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

Sec. 337. Increased authority to accept voluntary services.

Subtitle E—Other Matters

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

Sec. 342. Civil Air Patrol.

Sec. 343. Armed Forces Retirement Home.

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

Sec. 345. ARMS Initiative loan guarantee program.

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

secondary schools for dependents.

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

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

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

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

General.

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

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

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

Sec. 353. Ships’ stores.

Sec. 354. Humanitarian program for clearing landmines.

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

members of the Armed Forces and their families.

Sec. 356. Maritime prepositioning ship enhancement.

Sec. 357. Roll-on/roll-off vessels for the Ready Reserve force.

Sec. 358. Payment of certain stipulated civil penalties.

Sec. 359. Sale of articles and services of industrial facilities of the Armed

Forces to persons outside Department of Defense.

Sec. 360. Study of establishment of Land Management and Training Center at

Fort Riley, Kansas.

Sec. 361. Procurement of portable ventilators for the Defense Medical Facility

Office, Fort Detrick, Maryland.

Sec. 362. Review by Defense Inspector General of cost growth in certain contracts.

Sec. 363. Cost comparison studies for contracts for advisory and assistance

services.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
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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.

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.

Sec. 506. Original appointments of limited duty officers of the Navy and Marine Corps serving in temporary grades.

Sec. 507. Selection for designated judge advocate positions.

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.

Sec. 514. Sense of the Senate concerning the training and modernization of the

reserve components.

Subtitle C—Other Matters
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Sec. 521. Review of certain dismissals from the United States Military Academy.

Sec. 522. Transitional compensation and other benefits for dependents of members separated for dependent abuse.

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.

Sec. 634. Computation of retired pay to prevent pay inversions.

Sec. 635. Cost-of-living increases in SBP contributions to be effective concurrently with payment of related retired pay cost-of-living increases.

Sec. 636. Requirement for equal treatment of civilian and military retirees in

the event of delays in cost-of-living adjustments.

Subtitle E—Defense Conversion, Reinvestment, and Transition

Assistance Matters

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

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

Transition Initiative.

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

program.

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

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

Community Corps.

Subtitle F—Other Matters

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

Sec. 655. Payment for transient housing for reserves performing certain training duty.

Sec. 656. Study of offset of disability compensation by receipt of separation

benefits and incentives..

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. Study and report on financial relief for certain medicare-eligible military retirees who incur medicare late enrollment penalties.

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

pharmaceuticals.

Sec. 710. Cost analysis of tidewater tricare delivery of pediatric health care to

military families.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Use of Merit Based Selection Procedures

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

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

competitive procedures for awarding certain contracts to colleges and universities.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Procurement technical assistance programs.

Sec. 812. Pilot Mentor-Protege Program.

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

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

business subcontracting plans.

Sec. 815. Limitation regarding acquisition assistance regulations required by

Public Law 103–160 but not issued.

Sec. 816. Treatment under subcontracting plans of purchases from qualified

nonprofit agencies for the blind or severely disabled.

Subtitle C—Other Matters
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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.

Sec. 825. Documentation for awards for cooperative agreements or other transactions under the defense technology reinvestment program.

Sec. 826. Comptroller General assessment of extent to which technology and industrial base programs attain policy objectives.

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.

Sec. 913. Revision in composition of Commission.

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.

Sec. 924. Assistance for certain workers dislocated due to reductions by the

United States in the export of defense articles and services.

Subtitle D—Professional Military Education

Sec. 931. Authority for Marine Corps University to award the degree of master

of military studies.

Sec. 932. Board of advisors of Marine Corps University.

Sec. 933. Authority for Air University to award the degree of master of airpower art and science.

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.

Sec. 1004. Submission of future-years defense program in accordance with law.

Subtitle B—Matters Relating to Allies and Other Nations
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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.

Sec. 1017. Burdensharing policy and report.

Sec. 1018. Review and report regarding Department of Defense programs relating to regional security and host nation development in the

Western Hemisphere.

Sec. 1019. Payments-in-kind for release of United States overseas military facilities to NATO host countries.

Subtitle C—Nonproliferation and Counterproliferation of

Weapon Systems and Related Systems

Sec. 1021. Extension and revision of nonproliferation authorities.

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

the United States.

Sec. 1023. Report on counterproliferation activities and programs.

Sec. 1024. Amounts for counterproliferation activities.

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

Subtitle D—Peace Operations

Sec. 1031. Reports on reforming multilateral peace operations.

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

Subtitle E—Reporting Requirements

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

former Soviet Union.

Sec. 1042. Termination of certain Department of Defense reporting requirements.

Subtitle F—Acceptance of Pre-release 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—Discrimination and Sexual harassment

Sec. 1056. Department of Defense policies and procedures on discrimination

and sexual harassment.

Subtitle H—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.
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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.

Sec. 1068. Acquisition of strategic sealift ships.

Sec. 1069. Requirement for Secretary of Defense to submit recommendations

on certain provisions of law concerning missing persons.

Sec. 1070. Contact between the Department of Defense and the ministry of national defense of China on POW/MIA issues.

Sec. 1071. Disclosure of information concerning unaccounted for United States

personnel from the Korean Conflict, and the Cold War.

Sec. 1072. Requirement for certification by Secretary of Defense concerning declassification of Vietnam-era POW/MIA records.

Sec. 1073. Information concerning unaccounted for United States personnel of

the Vietnam conflict.

Sec. 1074. Report on POW/MIA matters concerning North Korea.

Sec. 1075. Elimination of disparity between effective dates for military and civilian retiree cost-of-living adjustments for fiscal year 1995.

Sec. 1076. Military recruiting on campus.

Sec. 1077. Study on convergence of Geosat and EOS altimetry programs.

Sec. 1078. Visas for officials of Taiwan.

Sec. 1079. Sense of the Senate concerning participation in allied defense cooperation.

Sec. 1080. Interagency placement program for Federal employees affected by

reduction in force actions.

Sec. 1081. George C. Marshall European Center for Security Studies.

Sec. 1082. Changes in notice requirements upon pending or actual termination

of defense programs.

Sec. 1083. Transfer of obsolete vessel Guadalcanal.

Sec. 1084. Study of spousal abuse involving Armed Forces personnel.

Sec. 1085. Review of the procedures used by Department of Defense investigative organizations when conducting an investigation into the

death of a member of the Armed Forces who, while serving on

active duty, died from a cause determined to be self-inflicted.

Sec. 1086. Public education facility of the Armed Forces Institute of Pathology.

Sec. 1087. Assignments of employees between Federal agencies and federally

funded research and development centers.

Sec. 1088. Bosnia and Herzegovina.

Sec. 1089. Provision of intelligence and other assistance where drug trafficking

threatens national security.

Sec. 1090. Administration of athletics programs at the service academies.

Sec. 1091. Review of the bottom up review and the future year defense program and establishment of new funding requirements and priorities.

Sec. 1092. Genocide in Rwanda.

Sec. 1093. Studies of health consequences of military service or employment in

Southwest Asia during the Persian Gulf War.

Sec. 1094. Grants for research into the health consequences of the Persian Gulf

War.

Sec. 1095. Compatibility of health registries.

Sec. 1096. Technical amendments.

Sec. 1097. North Atlantic Treaty Organization.
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Sec. 1098. Limitation on obligation of funds for Mark–6 guidance sets for Trident II missiles.

Sec. 1099. Military planning for the size and structure of a force required for

a major regional contingency on the Korean Peninsula.

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.

Sec. 2106. Highway safety at Hawthorne Army Ammunition Plant, Nevada.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. 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.

Sec. 2408. Planning and design for construction in support of consolidation of

operations of the Defense Finance and Accounting Service.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE
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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

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.

Sec. 2813. Sense of Senate on the activities of the Secretary of Defense in support of communities affected by base closures.

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.
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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.

Sec. 2847. Revisions to release of reversionary interest, Old Spanish Trail Armory, Harris County, Texas.

Sec. 2848. Transfer of jurisdiction, Air Force Housing at Radar Bomb Scoring

Site, Holbrook, Arizona.

Sec. 2849. Assistance for public participation in defense environmental restoration activities.

Sec. 2850. Sense of the Senate on authoriaton of funds for military construction projects not requested in the President’s annual budget request.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

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

Sec. 3104. Defense nuclear waste disposal.

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.
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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. Nuclear Weapons Council Membership.

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.

Sec. 3158. Authority for appointment of certain scientific, engineering, and

technical personnel.

Sec. 3159. Department of Energy Declassification Productivity Initiative.

Sec. 3160. Safety oversight and enforcement at defense nuclear facilities.

Sec. 3161. Conditions on contracts between the Federal Government and certain lessees and transferees of Department of Energy property.

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
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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.

DIVISION D—FEDERAL ACQUISITION STREAMLING

Sec. 40001. Short title.

TITLE XLI—CONTRACT FORMATION

Subtitle A—Competition Statutes

PART I—ARMED SERVICES ACQUISITIONS

SUBPART A—COMPETITION REQUIREMENTS

Sec. 41001. References to Federal Acquisition Regulation.

Sec. 41002. Establishment or maintenance of alternative sources of supply.

Sec. 41003. Clarification of approval authority for use of procedures other than

full and open competition.

Sec. 41004. Task order contracts for advisory and assistance services.

Sec. 41005. Acquisition of expert services.

SUBPART B—PLANNING, SOLICITATION, EVALUATION, AND AWARD

Sec. 41011. Source selection factors.

Sec. 41012. Solicitation provision regarding evaluation of purchase options.

Sec. 41013. Prompt notice of award.

Sec. 41014. Post-award debriefings.

Sec. 41015. Protest file.

Sec. 41016. Award of costs and fees in agency settlement of protests.

Sec. 41017. Two-phase selection procedures.

SUBPART C—KINDS OF CONTRACTS

Sec. 41021. Secretarial determination regarding use of cost type or incentive

contract.

Sec. 41022. Technical and conforming amendments.

SUBPART D—MISCELLANEOUS PROVISIONS FOR THE ENCOURAGEMENT OF

COMPETITION

Sec. 41031. Repeal of requirement for annual report by advocates for competition.

PART II—CIVILIAN AGENCY ACQUISITIONS

SUBPART A—COMPETITION REQUIREMENTS

Sec. 41051. References to Federal Acquisition Regulation.

Sec. 41052. Establishment or maintenance of alternative sources of supply.

Sec. 41053. Clarification of approval authority for use of procedures other than

full and open competition.

Sec. 41054. Task order contracts for advisory and assistance services.

Sec. 41055. Acquisition of expert services.

Sec. 41056. Continued occupancy of leased space.
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SUBPART B—PLANNING, SOLICITATION, EVALUATION, AND AWARD

Sec. 41061. Solicitation, evaluation, and award.

Sec. 41062. Solicitation provision regarding evaluation of purchase options.

Sec. 41063. Prompt notice of award.

Sec. 41064. Post-award debriefings.

Sec. 41065. Protest file.

Sec. 41066. Award of costs and fees in agency settlement of protests.

Sec. 41067. Two-phase selection procedures.

SUBPART C—KINDS OF CONTRACTS

Sec. 41071. Agency head determination regarding use of cost type or incentive

contract.

Sec. 41072. Multiyear contracting authority.

Sec. 41073. Severable services contracts crossing fiscal years.

Sec. 41074. Economy Act purchases.

PART III—ACQUISITIONS GENERALLY

Sec. 41091. Policy regarding consideration of contractor past performance.

Sec. 41092. Repeal of requirement for annual report on competition.

Subtitle B—Truth in Negotiations

PART I—ARMED SERVICES ACQUISITIONS

Sec. 41101. Stabilization of dollar threshold of applicability.

Sec. 41102. Exceptions to cost or pricing data requirements.

Sec. 41103. Limitation on authority to require a submission not otherwise required.

Sec. 41104. Additional special rules for commercial items.

Sec. 41105. Right of United States to examine contractor records.

Sec. 41106. Required regulations.

Sec. 41107. Consistency of time references.

Sec. 41108. Exception for transfers between divisions, subsidiaries, and affiliates.

Sec. 41109. Repeal of superseded provision.

PART II—CIVILIAN AGENCY ACQUISITIONS

Sec. 41151. Revision of civilian agency provisions to ensure uniform treatment

of cost or pricing data.

Sec. 41152. Repeal of obsolete provision.

Subtitle C—Research and Development

Sec. 41201. Research projects.

Sec. 41202. Elimination of inflexible terminology regarding coordination and

communication of defense research activities.

Subtitle D—Procurement Protests

PART I—PROTESTS TO THE COMPTROLLER GENERAL

Sec. 41301. Protest defined.

Sec. 41302. Review of protests and effect on contracts pending decision.

Sec. 41303. Decisions on protests.

Sec. 41304. Regulations.
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PART II—PROTESTS IN THE FEDERAL COURTS

Sec. 41321. Nonexclusivity of remedies.

Sec. 41322. Jurisdiction of the United States Court of Federal Claims.

PART III—PROTESTS IN PROCUREMENTS OF AUTOMATIC DATA PROCESSING

Sec. 41331. Revocation of delegations of procurement authority.

Sec. 41332. Authority of the General Services Administration Board of Contract Appeals.

Sec. 41333. Periods for certain actions.

Sec. 41334. Dismissals of protests.

Sec. 41335. Award of costs.

Sec. 41336. Dismissal agreements.

Sec. 41337. Jurisdiction of district courts.

Sec. 41338. Matters to be covered in regulations.

Sec. 41339. Definitions.

Subtitle E—Definitions and Other Matters

PART I—ARMED SERVICES ACQUISITIONS

Sec. 41401. Definitions.

Sec. 41402. Delegation of procurement functions.

Sec. 41403. Determinations and decisions.

Sec. 41404. Undefinitized contractual actions: restrictions.

Sec. 41405. Production special tooling and production special test equipment:

contract terms and conditions.

Sec. 41406. Regulations for bids.

PART II—CIVILIAN AGENCY ACQUISITIONS

Sec. 41451. Definitions.

Sec. 41452. Delegation of procurement functions.

Sec. 41453. Determinations and decisions.

Sec. 41454. Cooperative purchasing.

TITLE XLII—CONTRACT ADMINISTRATION

Subtitle A—Contract Payment

PART I—ARMED SERVICES ACQUISITIONS

Sec. 42001. Contract financing.

Sec. 42002. Contracts: vouchering procedures.

PART II—CIVILIAN AGENCY ACQUISITIONS

Sec. 42051. Contract financing.

Subtitle B—Cost Principles

PART I—ARMED SERVICES ACQUISITIONS

Sec. 42101. Allowable contract costs.

Sec. 42102. Contract profit controls during emergency periods.

PART II—CIVILIAN AGENCY ACQUISITIONS
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Sec. 42151. Allowable contract costs.

PART III—ACQUISITIONS GENERALLY

Sec. 42191. Travel expenses of government contractors.

Sec. 42192. Unallowability of entertainment costs under covered contracts.

Subtitle C—Audit and Access to Records

PART I—ARMED SERVICES ACQUISITIONS

Sec. 42201. Consolidation and revision of authority to examine records of contractors.

PART II—CIVILIAN AGENCY ACQUISITIONS

Sec. 42251. Authority to examine records of contractors.

Subtitle D—Cost Accounting Standards

Sec. 42301. Exceptions to coverage.

Sec. 42302. Repeal of obsolete deadline regarding procedural regulations for

the Cost Accounting Standards Board.

Subtitle E—Administration of Contract Provisions Relating to

Price, Delivery, and Product Quality

PART I—ARMED SERVICES ACQUISITIONS

Sec. 42401. Procurement of critical aircraft and ship spare parts; quality control.

Sec. 42402. Contractor guarantees regarding weapon systems.

PART II—ACQUISITIONS GENERALLY

Sec. 42451. Section 3737 of the Revised Statutes: expansion of authority to

prohibit setoffs against assignees; reorganization of section; revision of obsolete provisions.

Sec. 42452. Repeal of requirement for deposit of contracts with GAO.

Subtitle F—Claims and Disputes

PART I—ARMED SERVICES ACQUISITIONS

Sec. 42501. Certification of contract claims.

Sec. 42502. Shipbuilding claims.

PART II—ACQUISITIONS GENERALLY

Sec. 42551. Claims jurisdiction of United States district courts and the United

States Court of Federal Claims.

Sec. 42552. Contract Disputes Act improvements.

Sec. 42553. Extension of alternative dispute resolution authority.

Sec. 42554. Expedited resolution of contract administration complaints.

Sec. 42555. Authority for District Courts to obtain advisory opinions from

boards of contract appeals in certain cases.

TITLE XLIII—SERVICE SPECIFIC AND MAJOR SYSTEMS

STATUTES
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Subtitle A—Major Systems Statutes

Sec. 43001. Requirement for independent cost estimates and manpower estimates before development or production.

Sec. 43002. Enhanced program stability.

Sec. 43003. Repeal of requirement to designate certain major defense acquisition programs as defense enterprise programs.

Sec. 43004. Repeal of requirement for competitive prototyping in major programs.

Sec. 43005. Repeal of requirement for competitive alternative sources in major

programs.

Subtitle B—Testing Statutes

Sec. 43011. Director of Operational Test and Evaluation to report directly to

Secretary of Defense.

Sec. 43012. Responsibility of Director of Operational Test and Evaluation for

live fire testing.

Sec. 43013. Requirement for unclassified version of annual report on operational test and evaluation.

Subtitle C—Service Specific Laws

Sec. 43021. Gratuitous services of officers of certain reserve components.

Sec. 43022. Authority to rent samples, drawings, and other information to others.

Sec. 43023. Civil Reserve Air Fleet.

Sec. 43024. Exchange of personnel.

Sec. 43025. Scientific investigation and research for the Navy.

Sec. 43026. Construction of combatant and escort vessels and assignment of

vessel projects.

Sec. 43027. Repeal of requirement for construction of vessels on Pacific coast.

Sec. 43028. Authority to transfer by gift a vessel stricken from Naval Vessel

Register.

Sec. 43029. Naval salvage facilities.

Subtitle D—Department of Defense Commercial and Industrial

Activities

Sec. 43051. Accounting requirement for contracted advisory and assistance

services.

Subtitle E—Fuel- and Energy-Related Laws

Sec. 43061. Liquid fuels and natural gas: contracts for storage, handling, or

distribution.

Subtitle F—Fiscal Statutes

Sec. 43071. Disbursement of funds of military department to cover obligations

of another agency of Department of Defense.

Subtitle G—Miscellaneous

Sec. 43081. Obligation of funds: limitation.

Sec. 43082. Repeal of requirements regarding product evaluation activities.

Sec. 43083. Codification and revision of limitation on lease of vessels, aircraft,

and vehicles.
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Sec. 43084. Soft drink supplies for exchange stores.

Sec. 43085. Repeal of preference for recycled toner cartridges.

TITLE XLIV—SIMPLIFIED ACQUISITION THRESHOLD AND

SOCIOECONOMIC, SMALL BUSINESS, AND MISCELLANEOUS LAWS

Subtitle A—Simplified Acquisition Threshold

PART I—ESTABLISHMENT OF THRESHOLD

Sec. 44001. Simplified acquisition threshold.

PART II—SIMPLIFICATION OF PROCEDURES

Sec. 44011. Simplified acquisition procedures.

Sec. 44012. Small business reservation.

Sec. 44013. Fast payment under simplified acquisition procedures.

Sec. 44014. Procurement notice.

Sec. 44015. Electronic commerce for Federal Government procurements.

PART III—APPLICABILITY OF LAWS TO ACQUISITIONS NOT IN EXCESS OF

SIMPLIFIED ACQUISITION THRESHOLD

Sec. 44021. Future enacted procurement laws.

Sec. 44022. Armed services acquisitions.

Sec. 44023. Civilian agency acquisitions.

Sec. 44024. Acquisitions generally.

PART IV—CONFORMING AMENDMENTS

Sec. 44071. Armed services acquisitions.

Sec. 44072. Civilian agency acquisitions.

Sec. 44073. Office of Federal Procurement Policy Act.

Sec. 44074. Small Business Act.

PART V—REVISION OF REGULATIONS

Sec. 44081. Revision required.

Subtitle B—Socioeconomic and Small Business Laws

Sec. 44101. Acquisitions generally.

Sec. 44102. Acquisitions from small businesses.

Sec. 44103. Contracting program for certain small business concerns.

Sec. 44104. Procurement goals for small business concerns owned by women.

Sec. 44105. Development of definitions regarding certain small business concerns.

Subtitle C—Miscellaneous Acquisition Laws

Sec. 44151. Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs.

Sec. 44152. Restriction on use of noncompetitive procedures for procurement

from a particular source.

TITLE XLV—ACQUISITION MANAGEMENT

Subtitle A—Armed Services Acquisitions
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Sec. 45001. Performance based management.

Sec. 45002. Results oriented acquisition program cycle.

Sec. 45003. Defense acquisition pilot program designations.

Subtitle B—Civilian Agency Acquisitions

Sec. 45051. Performance based management.

Sec. 45052. Results-oriented acquisition process.

Subtitle C—Miscellaneous

Sec. 45091. Contractor exceptional performance awards.

Sec. 45092. Department of Defense acquisition of intellectual property rights.

TITLE XLVI—STANDARDS OF CONDUCT

Subtitle A—Ethics Provisions

Sec. 46001. Amendments to Office of Federal Procurement Policy Act.

Sec. 46002. Amendments to title 18, United States Code.

Sec. 46003. Repeal of superseded and obsolete laws.

Sec. 46004. Implementation.

Subtitle B—Additional Amendments

Sec. 46051. Contracting functions performed by Federal personnel.

Sec. 46052. Repeal of executed requirement for study and report.

Sec. 46053. Interests of Members of Congress.

Sec. 46054. Waiting period for significant changes proposed for acquisition regulations.

Subtitle C—Whistleblower Protection

Sec. 46101. Armed services procurements.

Sec. 46102. Governmentwide whistleblower protections for contractor employees.

TITLE XLVII—DEFENSE TRADE AND COOPERATION

Sec. 47001. Purchases of foreign goods.

Sec. 47002. International cooperative agreements.

Sec. 47003. Acquisition, cross-servicing agreements, and standardization.

TITLE XLVIII—COMMERCIAL ITEMS

Sec. 48001. Definitions.

Sec. 48002. Preference for acquisition of commercial items and

nondevelopmental items.

Sec. 48003. Acquisition of commercial items.

Sec. 48004. Class waiver of applicability of certain laws.

Sec. 48005. Inapplicability of certain provisions of law.

Sec. 48006. Flexible deadlines for submission of offers of commercial items.

Sec. 48007. Advocates for acquisition of commercial and nondevelopmental

items.

Sec. 48008. Provisions not affected.

Sec. 48009. Comptroller General review of Federal Government use of market

research.

TITLE XLIX—MISCELLANEOUS PROVISIONS
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Sec. 49001. Comptroller General review of the provision of legal advice for inspectors general.

Sec. 49002. Cost savings for official travel.

Sec. 49003. Prompt resolution of audit recommendations.

Sec. 49004. Uniform suspension and debarment.

TITLE L—EFFECTIVE DATES AND IMPLEMENTATION

Sec. 50001. Effective dates.

Sec. 50002. Implementing regulations.

Sec. 50003. Evaluation by the Comptroller General.

Sec. 50004. Data collection through the Federal procurement data system.

TITLE LI—WAIVER OF THE APPLICATION OF THE PREVAILING WAGE-SETTING REQUIREMENTS TO VOLUNTEERS

Sec. 51001. Short title.

Sec. 51002. Purpose.

Sec. 51003. Waiver.

Sec. 51004. Report.

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;

14 (2) division B is $8,593,903,000; and

15 (3) division C is $10,473,023,000.
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1 DIVISION A—DEPARTMENT OF

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for

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

9 (1) For aircraft, $1,073,781,000.

10 (2) For missiles, $693,909,000.

11 (3) For weapons and tracked combat vehicles,

12 $1,132,886,000.

13 (4) For ammunition, $870,361,000.

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

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 1995 for procurement for the Navy

18 as follows:

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

20 (2) For weapons, including missiles and tor21 pedoes, $2,428,539,000.

22 (3) For shipbuilding and conversion,

23 $6,132,807,000.

24 (4) For other procurement, $3,310,217,000.
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1 (b) MARINE CORPS.—Funds are hereby authorized to

2 be appropriated for fiscal year 1995 for procurement for

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

4 SEC. 103. AIR FORCE.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 1995 for procurement for the Air Force as fol7 lows:

8 (1) For aircraft, $6,587,994,000.

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

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

11 SEC. 104. DEFENSE-WIDE ACTIVITIES.

12 Funds are hereby authorized to be appropriated for

13 fiscal year 1995 for Defense-wide procurement in the

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

15 SEC. 105. RESERVE COMPONENTS.

16 Funds are hereby authorized to be appropriated for

17 fiscal year 1995 for procurement of aircraft, vehicles, com18 munications equipment, and other equipment for the re19 serve components of the Armed Forces as follows:

20 (1) For the Army National Guard,

21 $85,000,000.

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

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

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

25 (5) For the Air Force Reserve, $60,000,000.
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1 (6) For the Marine Corps Reserve,

2 $45,000,000.

3 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

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

5 be appropriated for fiscal year 1995 the amount of

6 $590,149,000 for—

7 (1) the destruction of lethal chemical agents

8 and munitions in accordance with section 1412 of

9 the Department of Defense Authorization Act, 1986

10 (50 U.S.C. 1521); and

11 (2) the destruction of chemical warfare material

12 of the United States that is not covered by section

13 1412 of such Act.

14 (b) LIMITATION.—Of the funds specified in sub15 section (a)—

16 (1) $363,584,000 is for operation and mainte17 nance;

18 (2) $215,265,000 is for procurement; and

19 (3) $11,300,000 is for research and develop20 ment efforts in support of the nonstockpile chemical

21 weapons program.

22 (c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED

23 APPROPRIATIONS.—The Department of Defense may obli24 gate and expend $25,000,000 of the funds appropriated

25 for research, development, test, and evaluation under the
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1 heading ‘‘CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE’’ in title VI of Public Law 103–139 (107

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

4 funds in that Act.

5 (d) IDENTIFICATION OF FUNDS FOR PROGRAM.—

6 Section 1412(f) of the Department of Defense Authoriza7 tion Act, 1986 (50 U.S.C. 1521(f)) is amended by striking

8 out the last sentence and inserting in lieu thereof the fol9 lowing: ‘‘Funds for military construction projects nec10 essary to carry out this section shall be set forth in the

11 budget of the Department of Defense for any fiscal year

12 as a separate account.’’.

13 SEC. 107. JOINT TRAINING, ANALYSIS AND SIMULATION

14 CENTER.

15 Of the funds authorized to be appropriated for other

16 procurement for the Navy, $10,500,000 shall be available

17 for procurement of command, control, communications

18 and computer equipment for a Joint Training, Analysis

19 and Simulation Center for the United States Atlantic

20 Command.

21 Subtitle B—Army Programs

22 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

23 M1A2 TANK UPGRADES.

24 The Secretary of the Army may enter into multiyear

25 procurement contracts for procurement of M1A2 Abrams
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1 tank upgrades in accordance with section 2306(h) of title

2 10, United States Code.

3 SEC. 112. TRANSFER OF REPLACEMENT ARMY TANK TO MA4 RINE CORPS RESERVE.

5 The Secretary of the Army shall transfer one M1A1

6 common tank to the Marine Corps Reserve not later than

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

8 upgrades provided for under authorizations of appropria9 tions in this Act is accepted by the Army.

10 SEC. 113. REPLACEMENT SURVEILLANCE SYSTEM FOR

11 KOREA.

12 (a) LEASE AUTHORIZED.—Funds available to the

13 Army for procurement of OV–1 aircraft that remain unob14 ligated by reason of the early retirement of OV–1 aircraft

15 deployed in Korea may be used for leasing a moving target

16 indicator radar or another surveillance system to replace

17 the surveillance capability of such aircraft in Korea if—

18 (1) the lease provides for deployment of the sys19 tem within 180 days after the date of the enactment

20 of this Act;

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

22 the cost of the lease;

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

24 of Korea to purchase the leased system after the

25 joint surveillance and target attack radar surveil-
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1 lance system (JSTARS) program attains initial

2 operational capability; and

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

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

5 the date of the enactment of this Act, to attain ini6 tial operational capability.

7 (b) WAIVER AUTHORITY.—Section 1024(b) of the

8 National Defense Authorization Act for Fiscal Years 1992

9 and 1993 (Public Law 102–190; 105 Stat. 1460) is

10 amended by striking out ‘‘section 1439(b)(2)’’ and insert11 ing in lieu thereof ‘‘section 1439’’.

12 SEC. 114. SMALL ARMS INDUSTRIAL BASE.

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

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

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

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

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

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

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

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

2 following objectives for quantities of small arms weapons

3 to be acquired for the Army:

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

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

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

7 and

8 (D) 132,510 M4 carbines.

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

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

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

12 for in appropriations Acts, enter into multiyear contracts

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

14 (3) Notwithstanding the first sentence of section

15 2306(h)(8) of title 10, United States Code, the period of

16 a multiyear contract entered into under this subsection

17 may not exceed 10 years.

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

19 Army shall provide for procurement of product improve20 ments for existing small arms weapons and may do so

21 within multiyear contracts entered into pursuant to sub22 section (b).

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

24 Secretaries of the military departments shall jointly de25 velop a master plan for meeting the immediate and future
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1 needs of the Armed Forces for small arms. The Secretary

2 of the Army shall coordinate the development of the joint

3 small arms master plan. The joint small arms master plan

4 shall include—

5 (A) an examination of the relative advantages

6 and disadvantages of improving existing small arms

7 weapons as compared to investing in new, advanced

8 technology weapons; and

9 (B) an analysis of the effects of each such ap10 proach on the small arms industrial base.

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

12 of Defense for Acquisition and Technology shall—

13 (A) review the joint small arms master plan

14 and the results of the examination of relative advan15 tages and disadvantages of the two courses of action

16 described in paragraph (1); and

17 (B) transmit the plan, together with any com18 ments that the Under Secretary considers appro19 priate, to the congressional defense committees.

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

21 to be appropriated under section 201(1)—

22 (1) $5,000,000 shall be available for the Objec23 tive Crew-Served Weapons System; and

24 (2) $3,000,000 shall be available for product

25 improvements to existing small arms weapons.
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1 SEC. 115. BUNKER DEFEAT MUNITION MISSILES.

2 (a) AUTHORITY.—The Secretary of the Army may ac3 quire up to 6,000 type classified standard bunker defeat

4 munition weapons.

5 (b) FUNDING.—Funds authorized to be appropriated

6 for the Army for fiscal year 1994 shall be available for

7 acquisition of bunker defeat munition weapons in accord8 ance with subsection (a) as follows:

9 (1) Of the amount authorized to be appro10 priated by section 101(4), $7,761,000.

11 (2) Of the amount authorized to be appro12 priated by section 201(1), $2,600,000.

13 Subtitle C—Navy Programs

14 SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

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

16 the extent provided in appropriations Acts,

17 $1,200,000,000 may be transferred from the National De18 fense Sealift Fund to the funds appropriated pursuant to

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

20 (b) AVAILABILITY FOR CVN–76.—The funds trans21 ferred shall be available for the CVN–76 nuclear aircraft

22 carrier program.

23 (c) RELATIONSHIP TO OTHER AUTHORIZATION.—

24 The amount of the funds transferred shall be in addition

25 to the amount authorized to be appropriated in section
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1 102(a)(3) of the National Defense Authorization Act for

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

3 (d) RELATIONSHIP TO OTHER TRANSFER AUTHOR4 ITY.—The transfer authority in paragraph (1) is in addi5 tion to any other transfer authority provided in this or

6 any other Act.

7 SEC. 122. SEAWOLF SUBMARINE PROGRAM.

8 (a) LIMITATION OF COSTS.—Except as provided in

9 subsection (b), the total amount obligated or expended for

10 procurement of the SSN–21 and SSN–22 Seawolf sub11 marines may not exceed $4,759,571,000.

12 (b) AUTOMATIC INCREASE OF LIMITATION

13 AMOUNT.—The amount of the limitation set forth in sub14 section (a) is increased by the following amounts:

15 (1) The amounts of outfitting costs and post16 delivery costs incurred for the submarines referred

17 to in such subsection.

18 (2) The amounts of increases in costs attrib19 utable to economic inflation.

20 (3) The amounts of increases in costs attrib21 utable to compliance with changes in Federal, State,

22 or local laws.

23 SEC. 123. NAVAL AMPHIBIOUS READY GROUPS.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) Extensive and compelling testimony from

2 uniformed military and Department of Defense lead3 ership has been received which supports a military

4 requirement for twelve Amphibious Ready Groups.

5 (2) An official Department of Navy report re6 quired by the Fiscal Year 1993 National Defense

7 Authorization Act clearly stipulates that a seventh

8 LHD is required in order for the Navy to achieve a

9 force structure of twelve Amphibious Ready Groups.

10 (3) The Department of Navy has identified

11 funds for the purchase of LHD–7 in outyear budget

12 projections.

13 (4) A significant shortfall in amphibious ship14 ping and amphibious lift exists, both in the fiscal

15 year 1995 budget request and in outyear force struc16 ture projections.

17 (5) Amphibious Assault Ships (LHDs) provide

18 an important contingency capability and are unique19 ly suited to respond to world crises and to provide

20 assistance after natural disasters.

21 (6) Twelve Amphibious Ready Groups are the

22 correct number to sustain forward deployment and

23 contingency requirements of the Navy.

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

25 Congress that the Secretary of the Navy should,
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1 plan for, and budget to provide for, the attainment

2 of a twelfth Amphibious Ready Group as soon as

3 possible. Further, the Secretary of the Navy should

4 extend the existing contract option on the LHD–7

5 Amphibious Assault Ship in order to achieve twelve

6 Amphibious Ready Groups.

7 (c) LHD–7 CONTRACT OPTION EXTENSION.—

8 (1) The Secretary of the Navy is authorized to

9 extend the existing contract option for the LHD–7

10 Amphibious Assault ship if the Secretary determines

11 that the extension would be in the best interest of

12 the United States.

13 (2) The Secretary of the Navy shall imme14 diately begin negotiations to extend the existing con15 tract option for the LHD–7 Amphibious Assault

16 Ship Program.

17 (3) On and after the date that is 30 days after

18 the date on which the Secretary notifies Congress of

19 an intention to do so, the Secretary may use such

20 program funds authorized to be appropriated for

21 other Navy programs for such contract. The notifi22 cation shall include a description of the intended use

23 of the funds.

24 (d) REPORT REQUIREMENT.—The Secretary of the

25 Navy shall report to the Congress, after December 31,
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1 1994, but before March 31, 1995, Department of the

2 Navy intentions related to contract execution of the exist3 ing contract option for the LHD–7 Amphibious Assault

4 Ship. The report shall include an explanation of the De5 partment’s actions related to the attainment of a twelfth

6 Amphibious Ready Group and the costs and benefits of

7 extending the existing contract option on the LHD–7 Am8 phibious Assault Ship.

9 Subtitle D—Air Force Programs

10 SEC. 131. SETTLEMENT OF CLAIMS UNDER THE C–17 AIR11 CRAFT PROGRAM.

12 (a) SUPPLEMENTAL AGREEMENTS AUTHORIZED.—

13 On or before September 30, 1995, but subject to sub14 section (e), the Secretary of the Air Force may enter into

15 supplemental agreements pertaining to Air Force prime

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

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

18 on the date of enactment of this Act as the Secretary de19 termines appropriate—

20 (1) to settle claims and disputes arising under

21 such contracts as provided in the C–17 settlement

22 agreement letter;

23 (2) to revise the delivery schedules under such

24 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 SEC. 132. RETIREMENT OF BOMBER AIRCRAFT.

4 No funds authorized to be appropriated by this Act

5 or any other Act may be obligated or expended during fis6 cal year 1995 for retiring, or preparing to retire, any B–

7 52H, B–1B, or F–111 bomber aircraft.

8 Subtitle E—Other Matters

9 SEC. 141. PRESERVING THE BOMBER INDUSTRIAL BASE.

10 (a) FUNDS TO PRESERVE THE BOMBER INDUSTRIAL

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

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

13 available only for the following purposes:

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

15 ready status.

16 (2) To preserve a production capability for

17 spare parts and aircraft subsystems among lower18 tier vendors.

19 (3) To develop detailed production plans for a

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

21 delivering nuclear weapons.

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

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

24 the Secretary determines will help to preserve the

25 bomber industrial base of the United States.
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1 (b) PROHIBITION.—None of the funds made available

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

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

4 for B–2 bomber aircraft that is not a part previously ac5 quired or planned to be acquired for the B–2 bomber air6 craft under the initial or sustaining spares program.

7 (c) NO AUTHORIZATION OF ADVANCE PROCURE8 MENT.—Nothing in this section shall be construed as au9 thorizing the procurement, including long-lead procure10 ment, of a twenty-second B–2 bomber.

11 (d) EXEMPTION FROM LIMITATION ON TOTAL PRO12 GRAM COST.—Obligations of funds made available pursu13 ant to this section for the purposes set forth in subsection

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

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

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

17 1569).

18 (e) ESTIMATES OF TOTAL COST REQUIRED—(1) Not

19 later than January 15, 1995, the Secretary of Defense

20 shall submit to the congressional defense committees two

21 estimates of the total cost of acquisition of 20 additional

22 B–2 bomber aircraft, including the cost of research, devel23 opment, test and evaluation and the cost of related mili24 tary construction.
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1 (2) The Secretary shall assume for purposes of mak2 ing one of the estimates that such aircraft will be procured

3 at the rate of 2 aircraft in each of fiscal years 1997 and

4 1998, 3 such aircraft in each of fiscal years 1999 through

5 2002, and 4 such aircraft in fiscal year 2003. The Sec6 retary shall assume for purposes of making the other esti7 mate that such aircraft will be procured at an annual rate

8 of 2.5 aircraft beginning in fiscal year 1997.

9 (3) In addition to stating the estimates in terms of

10 estimated total actual cost, the Secretary shall state the

11 estimates in terms of fiscal year 1995 constant dollars.

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

13 (a) FUNDING.—Of the funds authorized to be appro14 priated by this title, $15,000,000 shall be available for

15 procurement of electric and hybrid vehicles for military

16 uses and for commercialization of such vehicles for non17 military uses.

18 (b) LIMITATION.—(1) Funds made available pursu19 ant to subsection (a) may not be expended until the Sec20 retary of Defense and the Secretary of Energy enter into

21 a memorandum of understanding that specifies the re22 sponsibilities of each Secretary for procurement and com23 mercialization activities to be carried out with such funds.

24 (2) The provisions of the memorandum of under25 standing shall be consistent with the missions of the De-
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1 partment of Defense and the Department of Energy and

2 with the goals and requirements set forth in the Energy

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

4 13271 et seq.) and the amendments made to the Clean

5 Air Act (42 U.S.C. 7401 et seq.) by Public Law 101–549

6 (commonly known as the ‘‘Clean Air Act Amendments of

7 1990’’; 104 Stat. 2399).

8 SEC. 143. SALES AUTHORITY OF WORKING-CAPITAL FUND9 ED ARMY INDUSTRIAL FACILITIES.

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

11 amended—

12 (1) in the matter above paragraph (1), by strik13 ing out ‘‘nondefense-related commercial’’;

14 (2) by striking out ‘‘and’’ at the end of para15 graph (3);

16 (3) by striking out the period at the end of

17 paragraph (4) and inserting in lieu thereof a semi18 colon; and

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

20 paragraphs:

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

22 the articles or services are not available from a com23 mercial source located in the United States;

24 ‘‘(6) the purchaser of an article or service

25 agrees to hold harmless and indemnify the United
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1 States, except in cases of willful misconduct or ex2 treme negligence, from any claim for damages or in3 jury to any person or property arising out of the ar4 ticle or service;

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

6 or the service to be sold can be substantially per7 formed, by the industrial facility with only incidental

8 subcontracting and it is in the public interest to

9 manufacture such article or perform such service;

10 and

11 ‘‘(8) the sale will not interfere with performance

12 of the military mission of the industrial facility.’’.

13 TITLE II—RESEARCH, DEVELOP14 MENT, TEST, AND EVALUA15 TION

16 Subtitle A—Authorization of

17 Appropriations

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

19 Funds are hereby authorized to be appropriated for

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

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

22 (1) For the Army, $5,152,308,000.

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

24 (3) For the Air Force, $12,329,796,000.
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1 (4) For Defense-wide activities,

2 $9,565,299,000, of which—

3 (A) $230,495,000 is authorized for the ac4 tivities of the Director, Test and Evaluation;

5 and

6 (B) $12,501,000 is authorized for the Di7 rector of Operational Test and Evaluation.

8 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR9 ATORY DEVELOPMENT.

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

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

12 be available for basic research and exploratory develop13 ment projects.

14 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP15 MENT DEFINED.—For purposes of this section, the term

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

17 funded in program elements for defense research and de18 velopment under Department of Defense category 6.1 or

19 6.2.

20 SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE21 VELOPMENT PROGRAM.

22 Of the amounts authorized to be appropriated by sec23 tion 201, $170,000,000 shall be available for the Strategic

24 Environmental Research and Development Program.
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1 SEC. 204. HIGH RESOLUTION IMAGING.

2 Of the funds authorized to be appropriated pursuant

3 to section 201(3), $10,000,000 shall be available for high

4 resolution imaging of space objects using excimer lasers.

5 Subtitle B—Programs Require6 ments, Restrictions, and Limita7 tions

8 SEC. 211. TACTICAL ANTISATELLITE TECHNOLOGIES PRO9 GRAM.

10 (a) DEMONSTRATION AND VALIDATION ACTIVI11 TIES.—Subject to subsection (e), the Secretary of Defense

12 shall continue the demonstration and validation of kinetic

13 energy antisatellite technologies under the tactical antisat14 ellite technologies program.

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

16 the amounts authorized to be appropriated in this title,

17 $10,000,000 shall be available for fiscal year 1995 for en18 gineering development under the tactical antisatellite tech19 nologies program.

20 (c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR

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

22 the Secretary shall obligate for engineering development

23 under the tactical antisatellite technologies program all

24 funds available for fiscal year 1993 and fiscal year 1994

25 for the Kinetic Energy Antisatellite (KE–ASAT) program
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1 that remain available for obligation on the date of the en2 actment of this Act.

3 (d) REPORT.—The Secretary shall submit to Con4 gress the report required by section 1363 of the National

5 Defense Authorization Act for Fiscal Year 1993 (Public

6 Law 102–484; 106 Stat. 2560).

7 (e) LIMITATION.—No funds appropriated to the De8 partment of Defense for fiscal year 1995 may be obligated

9 for the tactical antisatellite technologies program until the

10 Secretary of Defense certifies to Congress that there is

11 a requirement for an antisatellite program.

12 SEC. 212. TRANSFER OF MILSTAR COMMUNICATIONS SAT13 ELLITE PROGRAM.

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

15 shall transfer responsibility for program management and

16 funding for the MILSTAR communications satellite pro17 gram from the Secretary of the Air Force to the Secretary

18 of the Navy before October 1, 1995.

19 (b) FUNDING IN FUTURE YEARS DEFENSE PRO20 GRAM.—It is the sense of Congress that the Secretary

21 should transfer from the Air Force to the Navy sufficient

22 proposed funding in the Future Years Defense Program

23 to cover all costs for the MILSTAR communications sat24 ellite program and related programs, projects, and activi25 ties.
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1 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The transfer authority in subsection (b) is in addi3 tion to the transfer authority provided in section 1001.

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

5 ORBIT ROCKET.

6 The Secretary of Defense shall, to the extent provided

7 in appropriations Acts, transfer to the National Aero8 nautics and Space Administration the unobligated balance

9 of funds appropriated to the Department of Defense for

10 the Advanced Research Projects Agency for single-stage

11 to orbit rocket research and development.

12 SEC. 214. LIMITATION ON DISMANTLEMENT OF INTER13 CONTINENTAL BALLISTIC MISSILES.

14 Funds authorized to be appropriated in this Act may

15 not be obligated or expended for deactivating or disman16 tling United States intercontinental ballistic missiles

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

18 missiles that is necessary to support 500 deployed inter19 continental ballistic missiles until 180 days after the date

20 on which the Secretary of Defense has delivered to the

21 congressional defense committees a report on the results

22 of a nuclear posture review being conducted by the Sec23 retary.
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1 SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR SEIS2 MIC MONITORING RESEARCH.

3 Funds authorized to be appropriated by this Act that

4 are made available for seismic monitoring of nuclear explo5 sions may not be obligated for a project unless the project

6 is authorized in a plan approved in advance by the Sec7 retary of Defense and the Secretary of Energy.

8 SEC. 216. FEDERALLY FUNDED RESEARCH AND DEVELOP9 MENT CENTERS.

10 (a) CENTERS COVERED.—Funds appropriated or

11 otherwise made available for the Department of Defense

12 for fiscal year 1995 pursuant to an authorization of appro13 priations in section 201 may be obligated to procure work

14 from a federally funded research and development center

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

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

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

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

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

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

21 Act, the Secretary of Defense shall submit to the congres22 sional defense committees a report containing—

23 (1) the name of each federally funded research

24 and development center from which work is proposed

25 to be procured for the Department of Defense for

26 fiscal year 1995; and
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1 (2) for each such center, the proposed funding

2 level and the estimated personnel level for fiscal year

3 1995.

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

5 report for all federally funded research and development

6 centers may not exceed the amount set forth in subsection

7 (d).

8 (c) LIMITATION PENDING SUBMISSION OF RE9 PORT.—No funds appropriated or otherwise made avail10 able for the Department of Defense for fiscal year 1995

11 may be obligated to obtain work from a federally funded

12 research and development center until the Secretary of

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

14 (d) FUNDING.—Of the amounts authorized to be ap15 propriated to the Department of Defense for research, de16 velopment, test, and evaluation for fiscal year 1995 pursu17 ant to section 201, not more than a total of

18 $1,300,000,000 may be obligated to procure services from

19 the federally funded research and development centers

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

21 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

22 The Secretary of Defense may waive the limitation regard23 ing the maximum funding amount that applies under sub24 section (a) to a federally funded research and development

25 center. Whenever the Secretary proposes to make such a
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1 waiver, the Secretary shall submit to the congressional de2 fense committees notice of the proposed waiver and the

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

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

5 on which the notice is submitted to those committees, un6 less the Secretary determines that it is essential to the

7 national security that funds be obligated for work at that

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

9 period and notifies the congressional defense committees

10 of that determination and the reasons for the determina11 tion.

12 (f) UNDISTRIBUTED REDUCTION.—The total amount

13 authorized to be appropriated for research, development,

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

15 $52,650,000.

16 (g) LIMITATION ON COMPENSATION.—No employee

17 or executive officer of a federally funded research and de18 velopment center named in the report required by sub19 section (b) may be compensated at a rate exceeding Exec20 utive Schedule Level I by that federally funded research

21 and development center.
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1 Subtitle C—Missile Defense

2 Programs

3 SEC. 221. COMPLIANCE OF BALLISTIC MISSILE DEFENSE

4 SYSTEMS AND COMPONENTS WITH ABM

5 TREATY.

6 (a) REQUIRED COMPLIANCE REVIEW FOR BRILLIANT

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

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

14 with the ABM Treaty, including the interpretation of that

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

16 ACDA letter.

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

19 that are made available for the Brilliant Eyes program,

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

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

24 (c) COMPLIANCE REVIEW FOR NAVY UPPER TIER

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

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

5 the Navy Upper Tier program to determine whether the

6 development, testing, and deployment of that system

7 would be in compliance with the ABM Treaty, including

8 the interpretation of the Treaty set forth in the enclosure

9 to the July 13, 1993, ACDA letter.

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

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

12 obligated for the Navy Upper Tier program before the

13 date on which the Secretary submits to the appropriate

14 congressional committees a report on the compliance of

15 the Navy Upper Tier program with the ABM Treaty.

16 (d) DEFINITIONS.—In this section:

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

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

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

22 interpretation of the ABM Treaty and accompanied

23 by an enclosure setting forth such interpretation.

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

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

3 May 26, 1972.

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

6 (A) the Committee on Armed Services, the

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

10 (B) the Committee on Armed Services, the

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

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

14 1991.

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

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

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

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

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

23 six-month intervals thereafter until such time as the

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

2 terminated’’; and

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

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

5 SEC. 223. LIMITATION.

6 No funds appropriated pursuant to an authorization

7 of appropriations in this title or otherwise made available

8 for fiscal year 1995 for programs managed by the Ballistic

9 Missile Defense Organization may be obligated for such

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

12 Defense Authorization Act for Fiscal Year 1994 (Public

13 Law 103–160; 107 Stat. 1598).

14 SEC. 224. MANAGEMENT AND BUDGET RESPONSIBILITY

15 FOR SPACE-BASED CHEMICAL LASER PRO16 GRAM.

17 (a) FINDINGS.—Congress makes the following find18 ings:

19 (1) In section 243 of the National Defense Au20 thorization Act for Fiscal Year 1994 (Public Law

21 103–160; 107 Stat. 1615) Congress directed the

22 Secretary of Defense to transfer management and

23 budget responsibility for research and development

24 regarding far-term follow-on technologies from the

25 Ballistic Missile Defense Organization unless the
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1 Secretary certifies that it is in the national security

2 interest of the United States for the Ballistic Missile

3 Defense Organization to retain that responsibility.

4 (2) For purposes of section 243 of such Act, a

5 far-term follow-on technology was defined as any

6 technology that is not incorporated into a ballistic

7 missile defense architecture and is not likely to be

8 incorporated within 15 years into a weapon system

9 for ballistic missile defense.

10 (3) The Secretary of Defense has recommended

11 pursuant to section 243 of such Act that manage12 ment and budget responsibility for chemical laser

13 technology be retained in the Ballistic Missile De14 fense Organization.

15 (b) ASSIGNMENT OF RESPONSIBILITY.—Subject to

16 subsection (c), the Ballistic Missile Defense Organization

17 is authorized to retain management and budget respon18 sibility for chemical laser technology programs.

19 (c) REQUIREMENTS.—(1) The Director of the Ballis20 tic Missile Defense Organization shall ensure that, to the

21 extent practicable, the conduct of research and develop22 ment related to space-based chemical lasers reflects appro23 priate consideration of a broad range of military missions

24 and possible nonmilitary applications for such lasers.
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1 (2) If, as a result of budgetary limitations, the Direc2 tor of the Ballistic Missile Defense Organization is unable

3 to program sufficient funds to ensure that the space-based

4 chemical laser program remains an option for the acquisi5 tion process within the next fifteen years, the Secretary

6 of Defense shall—

7 (A) establish a new high energy laser research

8 and development program outside of the Ballistic

9 Missile Defense Organization;

10 (B) transfer $50,000,000 out of funds available

11 for fiscal year 1995 for programs administered by

12 the Ballistic Missile Defense Organization to the

13 new high energy laser research and development pro14 gram; and

15 (C) assign the duty to perform the management

16 and budget responsibilities for the new program to

17 the Secretary of the military department determined

18 by the Secretary of Defense most appropriate to per19 form such responsibilities or, if the Secretary deter20 mines more appropriate, to the head of the Defense

21 Agency of the Department of Defense that the Sec22 retary determines most appropriate to perform such

23 responsibilities.
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1 SEC. 225. SENATE ADVICE AND CONSENT ON AGREEMENTS

2 THAT MODIFY THE ANTI-BALLISTIC MISSILE

3 TREATY.

4 (a) REQUIREMENT FOR ADVICE AND CONSENT OF

5 SENATE.—Whenever the President negotiates an inter6 national agreement that would substantively modify the

7 ABM Treaty, the United States shall not be bound by

8 such agreement unless the agreement is entered into pur9 suant to the treaty making power of the President under

10 the Constitution (which includes a requirement for advice

11 and consent of the Senate).

12 (b) ABM TREATY DEFINED.—In this section, the

13 term ‘‘ABM Treaty’’ means the Treaty Between the Unit14 ed States of America and the Union of Soviet Socialist

15 Republics on the Limitation of Anti-Ballistic Missile Sys16 tems, signed in Moscow on May 26, 1972, with related

17 protocol, signed in Moscow on July 3, 1974.

18 Subtitle D—Defense Conversion,

19 Reinvestment, and Transition

20 Assistance Matters

21 SEC. 231. FUNDING OF DEFENSE TECHNOLOGY REINVEST22 MENT PROGRAMS FOR FISCAL YEAR 1995.

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

24 to be appropriated under section 201 for Defense-wide ac25 tivities, $625,000,000 shall be available for activities de26 scribed in the defense reinvestment program element of
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1 the budget of the Department of Defense for fiscal year

2 1995.

3 (b) ALLOCATION OF FUNDS.—The funds made avail4 able under subsection (a) shall be allocated as follows:

5 (1) $245,000,000 shall be available for defense

6 dual-use critical technology partnerships under sec7 tion 2511 of title 10, United States Code.

8 (2) $80,000,000 shall be available for commer9 cial-military integration partnerships under section

10 2512 of such title.

11 (3) $80,000,000 shall be available for defense

12 regional technology alliances under section 2513 of

13 such title.

14 (4) $30,000,000 shall be available for defense

15 advanced manufacturing technology partnerships

16 under section 2522 of such title.

17 (5) $50,000,000 shall be available for support

18 of manufacturing extension programs under section

19 2523 of such title.

20 (6) $25,000,000 shall be available for defense

21 manufacturing engineering education grants under

22 section 2196 of such title.

23 (7) $30,000,000 shall be available for the ad24 vanced materials synthesis and processing partner25 ship program.
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1 (8) $35,000,000 shall be available for the agile

2 manufacturing/enterprise integration program.

3 (9) $40,000,000 shall be available for the mari4 time technology program, as provided for in section

5 1352(c)(2) of the National Shipbuilding and Ship6 yard Conversion Act of 1993 (subtitle D of title XIII

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

8 2501 note).

9 (10) $10,000,000 shall be available for grants

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

11 to United States institutions of higher education and

12 other United States not-for-profit organizations to

13 support the management training program in Japa14 nese language and culture.

15 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994

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

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

18 that were solicited under programs referred to in sub19 section (b) in fiscal year 1994.

20 SEC. 232. FINANCIAL COMMITMENT REQUIREMENTS FOR

21 SMALL BUSINESS CONCERNS FOR PARTICI22 PATION IN TECHNOLOGY REINVESTMENT

23 PROJECTS.

24 (a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY

25 PARTNERSHIPS.—Section 2511(c) of title 10, United
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1 States Code, is amended by adding at the end the follow2 ing new paragraph:

3 ‘‘(3) The Secretary shall consider a partnership pro4 posal submitted by a small business concern without re5 gard to the ability of the small business concern to imme6 diately meet its share of the anticipated partnership costs.

7 Upon the selection of a partnership proposal submitted by

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

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

10 within which to arrange to meet its financial commitment

11 requirements under the partnership from sources other

12 than a person of a foreign country. If the Secretary deter13 mines upon the expiration of that period that the small

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

15 anticipated partnership costs, the Secretary may revoke

16 the selection of the partnership proposal submitted by the

17 small business concern.’’.

18 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER19 SHIPS.—Section 2512(c)(3) of such title is amended by

20 adding at the end the following new subparagraph:

21 ‘‘(C) The Secretary shall consider a partnership pro22 posal submitted by a small business concern without re23 gard to the ability of the small business concern to imme24 diately meet its share of the anticipated partnership costs.

25 Upon the selection of a partnership proposal submitted by
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1 a small business concern, the Secretary shall extend to the

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

3 within which to arrange to meet its financial commitment

4 requirements under the partnership from sources other

5 than a person of a foreign country. If the Secretary deter6 mines upon the expiration of that period that the small

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

8 anticipated partnership costs, the Secretary may revoke

9 the selection of the partnership proposal submitted by the

10 small business concern.’’.

11 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

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

13 adding at the end the following new paragraph:

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

15 regional technology alliance that is submitted by a small

16 business concern without regard to the ability of the small

17 business concern to immediately meet its share of the an18 ticipated costs of the alliance. Upon the selection of a pro19 posal submitted by a small business concern, the Secretary

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

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

22 financial commitment requirements under the regional

23 technology alliance from sources other than a person of

24 a foreign country. If the Secretary determines upon the

25 expiration of that period that the small business concern
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1 will be unable to meet its share of the anticipated costs,

2 the Secretary may revoke the selection of the proposal sub3 mitted by the small business concern.’’.

4 (d) DEFINITION OF PERSON OF A FOREIGN COUN5 TRY.—Section 2491 of such title is amended by adding

6 at the end the following new paragraph:

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

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

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

10 5342(d)).’’.

11 SEC. 233. CONDITIONS ON FUNDING OF DEFENSE TECH12 NOLOGY REINVESTMENT PROJECTS.

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

14 providing for the establishment or financial support of

15 partnerships and other cooperative arrangements under

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

17 made available under section 231, the Secretary of De18 fense shall ensure that the principal economic benefits of

19 such partnerships and other arrangements accrue to the

20 economy of the United States.

21 (b) USE OF COMPETITIVE SELECTION PROCE22 DURES.—Funds made available under subsection (a) of

23 section 231 for defense reinvestment programs described

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

25 to projects selected using competitive procedures pursuant
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1 to a solicitation incorporating cost-sharing requirements

2 for the non-Federal Government participants in the

3 projects.

4 SEC. 234. FEDERAL DEFENSE LABORATORY DIVERSIFICA5 TION AND NAVY REINVESTMENT IN THE

6 TECHNOLOGY AND INDUSTRIAL BASE.

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

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

9 the end thereof the following:

10 ‘‘SEC. 2519. FEDERAL DEFENSE LABORATORY DIVERSI11 FICATION PROGRAM.

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

13 of Defense shall conduct a program in accordance with

14 this section for the purpose of promoting cooperation be15 tween Department of Defense laboratories and industry

16 on research and development of dual-use technologies in

17 order to further the national security objectives set forth

18 in section 2501(a) of this title.

19 ‘‘(b) PARTNERSHIPS.—(1) The Secretary shall pro20 vide for the establishment under the program of coopera21 tive arrangements (hereinafter in this section referred to

22 as ‘partnerships’) between a Department of Defense lab23 oratory and eligible firms and nonprofit research corpora24 tions referred to in section 2511(b) of this title. A partner25 ship may also include one or more additional Federal lab-
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1 oratories, institutions of higher education, agencies of

2 State and local governments, and other entities, as deter3 mined appropriate by the Secretary.

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

5 research and development center shall be considered a De6 partment of Defense laboratory if the center is sponsored

7 by the Department of Defense.

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

9 may make grants, enter into contracts, enter into coopera10 tive agreements and other transactions pursuant to section

11 2371 of this title, and enter into cooperative research and

12 development agreements under section 12 of the Steven13 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.

14 3710a) in order to establish partnerships.

15 ‘‘(2) Subject subsection (d), the Secretary may pro16 vide a partnership with technical and other assistance in

17 order to facilitate the achievement of the purpose of this

18 section.

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

20 GOVERNMENT PARTICIPANTS.—(1) The Secretary shall

21 ensure that the non-Federal Government participants in

22 a partnership make a substantial contribution to the total

23 cost of partnership activities. The amount of the contribu24 tion shall be commensurate with the risk undertaken by
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1 such participants and the potential benefits of the activi2 ties for such participants.

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

4 2511(c)(2) of this title shall apply to in-kind contributions

5 made by non-Federal Government participants in a part6 nership.

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

8 shall be used in the establishment of partnerships.

9 ‘‘(f) SELECTION CRITERIA.—The criteria for the se10 lection of a proposed partnership for establishment under

11 this section shall include the criteria set forth in section

12 2511(f) of this title.

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

14 regulations for the purposes of this section.

15 ‘‘SEC. 2520. NAVY REINVESTMENT PROGRAM.

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

17 of the Navy shall conduct a program in accordance with

18 this section for the purpose of promoting cooperation be19 tween the Department of the Navy and industry on re20 search and development of dual-use technologies in order

21 to further the national security objectives set forth in sec22 tion 2501(a) of this title.

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

24 for the establishment under the program of cooperative

25 arrangements (hereinafter in this section referred to as
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1 ‘partnerships’) between Department of the Navy entities

2 and eligible firms and nonprofit research corporations re3 ferred to in section 2511(b) of this title. A partnership

4 may also include one or more Federal laboratories, institu5 tions of higher education, agencies of State and local gov6 ernments, and other entities, as determined appropriate

7 by the Secretary.

8 ‘‘(c) PROGRAM REQUIREMENTS AND ADMINISTRA9 TION.—Subsections (c) through (f) of section 2519 of this

10 title shall apply in the administration of the program.

11 ‘‘(d) SELECTION CRITERIA.—In addition to the selec12 tion criteria referred to in section 2519(f) of this title, the

13 criteria for the selection of a proposed partnership for es14 tablishment under this section shall include the potential

15 effectiveness of the partnership in the further development

16 and application of each technology proposed to be devel17 oped by the partnership for Navy acquisition programs.

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

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

20 (2) The table of sections at the beginning of such sub21 chapter is amended by adding at the end the following:

2519. Federal Defense Laboratory Diversification Program.

2520. Navy Reinvestment Program.

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

23 title 10, United States Code, is amended by inserting be24 fore the period at the end the following: ‘‘, and includes
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1 a federally funded research and development center spon2 sored by a Federal agency’’.

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

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

5 available for the Federal Defense Laboratory Diversifica6 tion Program under section 2519 of title 10, as added by

7 subsection (a)(1).

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

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

10 Navy Reinvestment Program under section 2520 of title

11 10, as added by subsection (a)(1).

12 SEC. 235. SMALL BUSINESS DEFENSE CONVERSION GUAR13 ANTEED LOANS.

14 (a) AUTHORIZATIONS.—Section 20 of the Small

15 Business Act (15 U.S.C. 631 note) is amended—

16 (1) in subsection (l), as added by section 405(3)

17 of the Small Business Credit and Business Oppor18 tunity Enhancement Act of 1992—

19 (A) by striking ‘‘(l) There’’ and inserting

20 ‘‘(3) There’’ and indenting appropriately; and

21 (B) by striking ‘‘subsection (k)’’, and in22 serting ‘‘paragraphs (1) and (2)’’;

23 (2) by redesignating subsection (k), as added by

24 section 405(3) of the Small Business Credit and

25 Business Opportunity Act of 1992, as subsection (l);
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1 (3) in subsection (l), as so redesignated, by in2 serting after paragraph (1), the following new para3 graph:

4 ‘‘(2) The Administration is authorized to make

5 not more than $1,000,000,000 in loans on a guaran6 teed basis, in accordance with section 7(a)(21), such

7 amount to remain available until expended.’’;

8 (4) in subsection (n)—

9 (A) by striking ‘‘(n) There’’ and inserting

10 ‘‘(3) There’’ and indenting appropriately; and

11 (B) by striking ‘‘subsection (m)’’ and in12 serting ‘‘paragraphs (1) and (2)’’;

13 (5) in subsection (m), by inserting after para14 graph (1), the following new paragraph:

15 ‘‘(2) The Administration is authorized to make

16 not more than $1,000,000,000 in loans on a guaran17 teed basis, in accordance with section 7(a)(21), such

18 amount to remain available until expended.’’;

19 (6) by redesignating subsection (o) as sub20 section (n); and

21 (7) in subsection (p)—

22 (A) by striking ‘‘(p) There’’ and inserting

23 ‘‘(2) There’’, and indenting appropriately; and

24 (B) by striking ‘‘subsection (o)’’ and in25 serting ‘‘paragraph (1)’’.
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1 (b) TECHNICAL CLARIFICATION.—Section

2 7(a)(21)(A) of the Small Business Act (15 U.S.C.

3 636(a)(21)(A)) is amended by striking ‘‘under the’’ and

4 inserting ‘‘on a guaranteed basis under the’’.

5 (c) JOB CREATION AND COMMUNITY BENEFIT.—

6 Section 7(a)(21) of the Small Business Act (15 U.S.C.

7 636(a)(21)) is amended by adding at the end the following

8 new subparagraph:

9 ‘‘(E) In providing assistance under this para10 graph, the Administration shall develop procedures

11 to ensure, to the maximum extent practicable, that

12 such assistance is used for projects that have sub13 stantial potential for stimulating new economic ac14 tivity in communities most impacted by reductions in

15 Federal defense expenditures.’’.

16 (d) AUTHORITY TO TRANSFER APPROPRIATIONS.—

17 Of the amount authorized to be appropriated pursuant to

18 section 201(4), $27,400,000 may be transferred by the

19 Secretary of Defense, to the extent provided in an act ap20 propriating funds for the Department of Defense, to the

21 Small Business Administration for the purpose of provid22 ing loan guarantees under section 7(a)(21)(A) of the

23 Small Business Act, such amount to remain available until

24 expended.
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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 Or16 ganization.’’.

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. STUDY REGARDING LIVE-FIRE SURVIVABILITY

21 TESTING OF F–22 AIRCRAFT.

22 (a) REQUIREMENT.—The Secretary of Defense shall

23 request the National Research Council of the National

24 Academy of Sciences to conduct a study regarding the de25 sirability of waiving for the F–22 aircraft program the
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1 survivability tests required by section 2366(c) of title 10,

2 United States Code, and to submit to the Secretary and

3 Congress, within 180 days after the date of the enactment

4 of this Act, a report containing the conclusions of the

5 Council regarding the desirability of waiving such tests.

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

7 the following matters:

8 (1) Conclusions regarding the practicality of

9 full-scale, full-up testing for the F–22 aircraft pro10 gram.

11 (2) A discussion of the implications regarding

12 the affordability of the F–22 aircraft program of

13 conducting and of not conducting the survivability

14 tests, including an assessment of the potential life

15 cycle benefits that could be derived from full-scale,

16 full-up live fire testing in comparison to the costs of

17 such testing.

18 (3) A discussion of what, if any, changes of cir19 cumstances affecting the F–22 aircraft program

20 have occurred since completion of the milestone II

21 program review to cause the program manager to re22 quest a waiver of the survivability tests for the F–

23 22 aircraft program that was not requested at that

24 time.
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1 (4) The sufficiency of the F–22 aircraft pro2 gram testing plans to fulfill the same requirements

3 and purposes as are provided in subsection (e)(3) of

4 section 2366 of title 10, United States Code, for re5 alistic survivability testing for purposes of subsection

6 (a)(1)(A) of such section.

7 (5) Any recommendations regarding surviv8 ability testing for the F–22 aircraft program that

9 the Council considers appropriate on the basis of the

10 study.

11 SEC. 247. UNIVERSITY RESEARCH INITIATIVE SUPPORT

12 PROGRAM.

13 Of the amounts authorized to be appropriated under

14 section 201, $10,000,000 shall be available for the Univer15 sity Research Initiative Support Program established pur16 suant to section 802 of the National Defense Authoriza17 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

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

19 SEC. 248. MANUFACTURING SCIENCE AND TECHNOLOGY

20 PROGRAM.

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

22 title 10, United States Code, is amended to read as fol23 lows:
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1 ‘‘SEC. 2525. MANUFACTURING SCIENCE AND TECHNOLOGY

2 PROGRAM.

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

4 shall establish a Manufacturing Science and Technology

5 Program to further the national security objectives of sec6 tion 2501(a) of this title. The Under Secretary of Defense

7 for Acquisition and Technology shall administer the pro8 gram.

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

10 enhance the capability of industry to meet the manufac11 turing needs of the Department of Defense.

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

13 projects under the program through the Secretaries of the

14 military departments and the heads of Defense Agencies.

15 ‘‘(d) COMPETITION AND COST SHARING.—(1) Com16 petitive procedures shall be used for awarding all grants

17 and entering into all contracts, cooperative agreements,

18 and other transactions under the program.

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

20 and a contract, cooperative agreement, or other trans21 action may not be entered into under the program, on any

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

23 of Defense determines that the grant, contract, coopera24 tive agreement, or other transaction, as the case may be,

25 is for a program that—
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1 ‘‘(A) is not likely to have any immediate and di2 rect commercial application; or

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

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

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

6 sections at the beginning of subchapter IV of chapter 148

7 of such title is amended to read as follows:

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

8 (b) FUNDING.—Of the amounts appropriated pursu9 ant to section 201, not more than $125,000,000 shall be

10 available for the Manufacturing Science and Technology

11 Program under section 2525 of title 10, United States

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

13 (1) not more than $30,000,000 shall be avail14 able for the Army;

15 (2) not more than $35,000,000 shall be avail16 able for the Navy;

17 (3) not more than $50,000,000 shall be avail18 able for the Air Force; and

19 (4) not more than $10,000,000 shall be avail20 able for the Defense Logistics Agency.

21 SEC. 249. DEFENSE EXPERIMENTAL PROGRAM TO STIMU22 LATE COMPETITIVE RESEARCH.

23 (a) PROGRAM REQUIRED.—The Secretary of De24 fense, acting through the Director of Defense Research

25 and Engineering, shall carry out a Defense Experimental
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1 Program to Stimulate Competitive Research (DEPSCoR)

2 as part of the university research programs of the Depart3 ment of Defense.

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

5 program are as follows:

6 (1) To enhance the capabilities of institutions

7 of higher education in eligible States to develop,

8 plan, and execute science and engineering research

9 that is competitive under the peer-review systems

10 used for awarding Federal research assistance.

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

12 growth in the competitively awarded financial assist13 ance that institutions of higher education in eligible

14 States receive from the Federal Government for

15 science and engineering research.

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

17 program objectives, the following activities are authorized

18 under the program:

19 (1) Competitive award of research grants.

20 (2) Competitive award of financial assistance

21 for graduate students.

22 (d) ELIGIBLE STATES.—(1) The Director of the Na23 tional Science Foundation shall designate which States are

24 eligible States for the purposes of this section and shall
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1 notify the Director of Defense Research and Engineering

2 of the States so designated.

3 (2) The Director of the National Science Foundation

4 shall designate a State as an eligible State if, as deter5 mined by the Director—

6 (A) the institutional average amount of Federal

7 financial assistance for research and development re8 ceived by the institutions of higher education in the

9 State for the fiscal year preceding the fiscal year for

10 which the designation is effective, or for the last fis11 cal year for which statistics are available, is less

12 than the amount equal to 50 percent of the national

13 institutional average amount of Federal financial as14 sistance for research and development received by

15 the institutions of higher education in the United

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

17 case may be;

18 (B) the State has demonstrated a commitment

19 to developing research bases in the State and to im20 proving science and engineering research and edu21 cation programs at institutions of higher education

22 in the State; and

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

24 of the Experimental Program to Stimulate Competi-
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1 tive Research conducted by the National Science

2 Foundation.

3 (e) COORDINATION WITH SIMILAR FEDERAL PRO4 GRAMS.—(1) The Secretary shall consult with the Director

5 of the National Science Foundation and the Director of

6 the Office of Science and Technology Policy in the plan7 ning, development, and execution of the program and shall

8 coordinate the program with the Experimental Program

9 to Stimulate Competitive Research conducted by the Na10 tional Science Foundation and with similar programs

11 sponsored by other departments and agencies of the Fed12 eral Government.

13 (2) All solicitations under the Defense Experimental

14 Program to Stimulate Competitive Research shall be made

15 to, and all awards shall be made through, the State com16 mittees established for purposes of the Experimental Pro17 gram to Stimulate Competitive Research conducted by the

18 National Science Foundation.

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

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

21 committee under the Defense Experimental Program to

22 Stimulate Competitive Research are coordinated with the

23 activities carried out in the State under other similar ini24 tiatives of the Federal Government to stimulate competi25 tive research.
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1 SEC. 250. STUDY ON BEAMING HIGH POWER LASER ENERGY

2 TO SATELLITES.

3 (a) STUDY.—(1) The Secretary of Defense and the

4 Administrator of the National Aeronautics and Space Ad5 ministration shall jointly carry out a study to determine

6 the cost, feasibility, and advisability of the development

7 and utilization of a system to deliver energy to satellites

8 by beaming high power laser energy from ground sources.

9 (2) In determining the cost, feasibility, and advisabil10 ity of the system referred to in paragraph (1), the Sec11 retary and the Administrator shall take into account the

12 impact on the environment of the development and utiliza13 tion of the system and the effect, if any, of the develop14 ment and utilization of the system on the arms control

15 efforts or obligations of the United States.

16 (3) In carrying out the study, the Secretary and the

17 Administrator shall consider the development of a space

18 energy laser (SELENE) system using a free electron laser

19 at the Naval Air Weapons Station, China Lake, California.

20 (b) REPORT.—The Secretary and the Administrator

21 shall jointly submit to the congressional defense commit22 tees a report on the study required under subsection (a).

23 The Secretary and the Administrator shall submit the re24 port not later than July 1, 1995.
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1 SEC. 251. ADVANCED THREAT RADAR JAMMER.

2 (a) LIMITATION REGARDING JOINT DEVELOPMENT

3 PROGRAM WITH CERTAIN FOREIGN ENTITIES.—The Sec4 retary of Defense may not negotiate or enter into any

5 agreement with, nor accept funds from, a foreign govern6 ment or an entity controlled by a foreign government for

7 a joint program for the development of an advanced threat

8 radar jammer for combat helicopters until 30 days after

9 the Secretary, in consultation with the Secretary of State,

10 the Secretary of the Army, and the Director of the De11 fense Security Assistance Agency, conducts a comprehen12 sive review of the program and submits a report on the

13 results of that review to the congressional defense commit14 tees.

15 (b) MATTERS COVERED BY REVIEW AND REPORT.—

16 The matters relating to the program referred to in sub17 section (a) that are required to be covered by the review

18 and report are as follows:

19 (1) The legal basis for seeking for the program

20 funds that are neither authorized to be appropriated

21 nor appropriated.

22 (2) The consistency of the program with the

23 Department of Defense policy that no foreign mili24 tary sale of a defense system, and no commitment

25 to foreign military sale of a defense system, be made

26 before operational test and evaluation of the system
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1 is successfully completed and the Under Secretary of

2 Defense for Acquisition and Technology has specifi3 cally approved the system for sale to a foreign gov4 ernment.

5 (3) The mission requirement for an advanced

6 threat radar jammer for combat helicopters.

7 (4) An assessment of each threat for which an

8 advanced threat radar jammer would be developed,

9 particularly with regard to each threat to a foreign

10 country with which the United States would jointly

11 develop an advanced threat radar jammer.

12 (5) The potential for sensitive electronic war13 fare technology to be made available to potential ad14 versaries of the United States as a result of United

15 States participation in the program.

16 (6) The availability of other nondevelopmental

17 items and less sophisticated technologies for counter18 ing the emerging radar detection threats to United

19 States combat helicopters and combat helicopters of

20 United States allies.

21 (7) A capability assessment of similar tech22 nologies available from other foreign countries and

23 the consequences of proliferation of such tech24 nologies in regions of potential conflict.
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1 (c) INAPPLICABILITY TO MAJOR ALLIES OF THE

2 UNITED STATES.—This section does not apply with re3 spect to a major ally of the United States.

4 (d) DEFINITIONS.—In this section:

5 (1) The term ‘‘entity controlled by a foreign

6 government’’ includes—

7 (A) any domestic or foreign organization

8 or corporation that is effectively owned or con9 trolled by a foreign government; and

10 (B) any individual acting on behalf of a

11 foreign government,

12 as determined by the Secretary of Defense. Such

13 term does not include an organization or corporation

14 that is owned, but is not controlled, either directly

15 or indirectly, by a foreign government if the owner16 ship of that organization or corporation by that for17 eign government was effective before October 23,

18 1992.

19 (2) The term ‘‘major ally of the United States’’

20 has the meaning given such term in section

21 2350a(i)(2) of title 10, United States Code.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for

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

8 activities and agencies of the Department of Defense for

9 expenses, not otherwise provided for, for operation and

10 maintenance in amounts as follows:

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

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

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

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

15 (5) For Defense-wide activities,

16 $9,994,325,000.

17 (6) For Medical Programs, Defense,

18 $9,854,459,000.

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

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

21 (9) For the Marine Corps Reserve,

22 $81,462,000.

23 (10) For the Air Force Reserve,

24 $1,478,990,000.
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1 (11) For the Army National Guard,

2 $2,452,148,000.

3 (12) For the Air National Guard,

4 $2,780,178,000.

5 (13) For the National Board for the Promotion

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

7 (14) For the Defense Inspector General,

8 $140,798,000.

9 (15) For Drug Interdiction and Counter-drug

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

11 (16) For the United States Court of Appeals

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

13 (17) For Environmental Restoration, Defense,

14 $2,180,200,000.

15 (18) For Humanitarian Assistance,

16 $71,900,000.

17 (19) For Former Soviet Union Threat Reduc18 tion, $400,000,000.

19 (20) For the Contributions for International

20 Peacekeeping and Peace Enforcement Activities

21 Fund, $300,000,000.

22 (21) For support for the 1996 Summer Olym23 pics, $10,000,000.
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1 SEC. 302. WORKING CAPITAL FUNDS.

2 Funds are hereby authorized to be appropriated for

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

4 activities and agencies of the Department of Defense for

5 providing capital for working capital and revolving funds

6 in amounts as follows:

7 (1) For the Defense Business Operations Fund,

8 $798,400,000.

9 (2) For the National Defense Sealift Fund,

10 $227,800,000.

11 SEC. 303. ARMED FORCES RETIREMENT HOME FUNDING.

12 There is hereby authorized to be appropriated for fis13 cal year 1995 from the Armed Forces Retirement Home

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

15 the Armed Forces Retirement Home, including the United

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

17 SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND

18 OBLIGATIONS.

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

20 to be obligated from the National Security Education

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

22 Boren National Security Education Act of 1991 (50

23 U.S.C. 1904(a)).
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1 SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCK2 PILE TRANSACTION FUND.

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

4 in appropriations Acts, not more than $250,000,000 is au5 thorized to be transferred from the National Defense

6 Stockpile Transaction Fund to operation and maintenance

7 accounts for fiscal year 1995 in amounts as follows:

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

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

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

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

12 (b) TREATMENT OF TRANSFERS.—Amounts trans13 ferred under this section—

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

15 the same purposes and the same period as, the

16 amounts in the accounts to which transferred; and

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

18 been denied authorization of appropriations by Con19 gress.

20 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR21 ITY.—The transfer authority provided in this section is in

22 addition to the transfer authority provided in section

23 1001.
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1 SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS

2 WORLD GAMES.

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

7 (b) PAY AND NONTRAVEL-RELATED ALLOW8 ANCES.—(1) Except as provided in paragraph (2), the

9 costs for pay and nontravel-related allowances of members

10 of the Armed Forces for the support and services referred

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

12 made pursuant to the authorization of appropriations in

13 subsection (c).

14 (2) Paragraph (1) does not apply in the case of mem15 bers of a reserve component called or ordered to active

16 duty to provide logistical support and personnel services

17 for the 1995 Special Olympics World Games.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated $3,000,000 for the Depart20 ment of Defense for fiscal year 1995 to carry out sub21 section (a).

22 SEC. 307. AIR NATIONAL GUARD FIGHTER AIRCRAFT.

23 (a) FINDINGS.—Congress makes the following find24 ings:

25 (1) The Bottom-Up Review force structure pro26 posal would accomplish most of the remaining reduc-
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1 tions in the total number of Air Force general pur2 pose fighter wings by reducing the Air National

3 Guard and Air Force Reserve fighter force from 10

4 wings to 7 wings.

5 (2) The current plan for implementing the re6 duction referred to in paragraph (1) is to reduce the

7 number of fighter aircraft in each Air National

8 Guard fighter unit from 24 or 18 primary aircraft

9 authorized to 15 primary aircraft authorized and to

10 convert some Air National Guard fighter units to

11 other purposes.

12 (3) The number of Air National Guard Combat

13 Readiness Training Centers in operation during fis14 cal year 1995 should not be less than the number

15 of such centers in operation at the end of fiscal year

16 1994.

17 (4) The Commission on Roles and Missions of

18 the Armed Forces established by section 952 of the

19 National Defense Authorization Act for Fiscal Year

20 1994 (Public Law 103–160; 10 U.S.C. 111 note;

21 107 Stat. 1738) is required to submit to Congress

22 a report under section 954(b) of such Act on pos23 sible changes to existing allocations among the

24 Armed Forces of military roles, missions, and func25 tions.
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1 (5) The Commission is not expected to submit

2 the report until the middle of fiscal year 1995.

3 (6) The report of the Commission should con4 tain a review of and recommendations on the assign5 ment of roles and missions to units of the Air Na6 tional Guard and the Air Force Reserve in relation

7 to active component units that are the counterparts

8 to such units and on requirements for resources for

9 training of such units.

10 (b) REQUIREMENT.—After submission of the report

11 referred to in paragraph (3), the Secretary of Defense

12 shall review its findings on the role and requirements for

13 general purpose fighter units of the Air National Guard,

14 and shall complete within 30 days a study which rec15 ommends the appropriate level of primary aircraft author16 ized (PAA) for such units, following which, if the Sec17 retary determines changes in that level are appropriate,

18 he may notify the Congress of his determination and he

19 may seek any reprogramming of funds that he considers

20 appropriate to ensure that such changes are implemented.
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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 SEC. 324. EXTENSION OF AUTHORITY TO ISSUE SURETY

2 BONDS FOR CERTAIN ENVIRONMENTAL PRO3 GRAMS.

4 Section 2701(j) of title 10, United States Code, is

5 amended by striking out ‘‘December 31, 1995’’ and insert6 ing in lieu thereof ‘‘December 31, 1999’’.

7 Subtitle D—Matters Relating to De8 partment of Defense Civilian

9 Employees

10 SEC. 331. EXTENSION OF CERTAIN TRANSITION ASSIST11 ANCE AUTHORITIES.

12 (a) REDUCTION-IN-FORCE NOTIFICATION REQUIRE13 MENTS.—Section 4433(b)(2) of the Defense Conversion,

14 Reinvestment, and Transition Assistance Act of 1992 (di15 vision D of Public Law 102–484; 106 Stat. 2721; 5 U.S.C.

16 3502 note) is amended by striking out ‘‘February 1,

17 1998’’ and inserting in lieu thereof ‘‘February 1, 2000’’.

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

19 5, United States Code, is amended by striking out ‘‘Sep20 tember 30, 1997’’ and inserting in lieu thereof ‘‘Septem21 ber 30, 1999’’.

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

23 Reinvestment, and Transition Assistance Act of 1992 (5

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

25 1, 1998’’ and inserting in lieu thereof ‘‘January 1, 2000’’.
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1 (c) RESTORATION OF CERTAIN LEAVE.—Section

2 6304(d)(3) of title 5, United States Code, is amended by

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

4 in lieu thereof ‘‘the closure of an installation of the De5 partment of Defense pursuant to the Defense Base Clo6 sure and Realignment Act of 1990 (part A of title XXIX

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

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

9 (d) CONTINUED HEALTH BENEFITS.—Section

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

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

13 place it appears and inserting in lieu thereof ‘‘Octo14 ber 1, 1999’’; and

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

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

17 2000,’’.

18 SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO

19 CONDUCT PERSONNEL DEMONSTRATION

20 PROJECTS.

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

22 Section 6 of the Civil Service Miscellaneous Amendments

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

24 by striking out ‘‘September 30, 1995,’’.
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1 (2) In the event of a reorganization of the organiza2 tion carrying out the personnel demonstration project re3 ferred to in section 6 of Public Law 98–224, such section

4 shall apply with respect to the successor to that organiza5 tion.

6 (b) DEFENSE LABORATORIES PERSONNEL DEM7 ONSTRATION PROJECTS.—(1) The Secretary of Defense

8 may carry out personnel demonstration projects at De9 partment of Defense laboratories designated by the Sec10 retary as Department of Defense science and technology

11 reinvention laboratories.

12 (2) Each personnel demonstration project carried out

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

14 the personnel demonstration project that is authorized by

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

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

17 Naval Ocean Systems Center, San Diego, California.

18 (3) If the Secretary carries out a demonstration

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

20 4703 (other than subsection (d)) of title 5, United States

21 Code, shall apply to such demonstration project, except

22 that the authority of the Secretary to carry out the dem23 onstration project is that which is provided in paragraph

24 (1) rather than the authority that is provided in such sec25 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) STUDY REQUIRED.—The Secretary of Defense

10 shall conduct a study to determine the level of interest

11 among employees of the Department of Defense referred

12 to in subsection (b) in obtaining credit under the Civil

13 Service Retirement and Disability System or the Federal

14 Employees’ Retirement System for former service de15 scribed in such subsection as an employee of a

16 nonappropriated fund instrumentality of the United

17 States.

18 (b) EMPLOYEES CONCERNED.—The employees re19 ferred to in subsection (a) are employees who, for at least

20 12 months during the period beginning on January 1,

21 1966, and ending on December 31, 1986, performed serv22 ice as an employee described in section 2105(c) of title

23 5, United States Code, conducting a program described

24 in section 8332(b)(16)(A) of such title.
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1 (c) CONDUCT OF STUDY.—In carrying out the study

2 under subsection (a), the Secretary shall—

3 (1) provide an opportunity for all employees re4 ferred to in that subsection to express interest in ob5 taining retirement credit for the former service in a

6 nonappropriated fund instrumentality of the United

7 States; and

8 (2) inform such employees that deposits to the

9 Civil Service Retirement and Disability Fund would

10 be required of the interested employees under sec11 tion 8334(c) of title 5, United States Code, or sec12 tion 8411(f) of such title.

13 (d) REPORT.—Not later than February 1, 1995, the

14 Secretary shall submit to Congress a report on the results

15 of the study required by subsection (a). The report shall

16 contain the following matters:

17 (1) An analysis of the issues, to include existing

18 legal rights of the employees described in paragraph

19 (b) above under the Civil Service Retirement Dis20 ability System or the Federal Employees’ Retirement

21 System.

22 (2) An Analysis of the inequities, if any, that

23 may have been caused by conversion from employ24 ment by nonappropriated fund instrumentalities of
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1 the United States to employment by the Department

2 of Defense.

3 (3) The number of full time and part time em4 ployees described in paragraph (b) above that are af5 fected by any inequities described in paragraph (2).

6 (4) The Department of Defense recommenda7 tions, if any, to redress any inequities described in

8 paragraph (2), and

9 (5) The cost to the Federal Government of any

10 recommendation described in paragraph (4).

11 SEC. 335. TRAVEL, TRANSPORTATION, AND RELOCATION

12 EXPENSES OF EMPLOYEES TRANSFERRING

13 TO THE UNITED STATES POSTAL SERVICE.

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

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

16 the end the following:

17 ‘‘§ 5735. Travel, transportation, and relocation ex18 penses of employees transferring to the

19 United States Postal Service

20 ‘‘(a) IN GENERAL.—Notwithstanding any other pro21 vision of law, employees of the Department of Defense de22 scribed in subsection (b) may be authorized travel, trans23 portation, and relocation expenses and allowances in con24 nection with appointments referred to in such subsection
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1 under the same conditions and to the same extent author2 ized by this subchapter for transferred employees.

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

4 to any employee of the Department of Defense who—

5 ‘‘(1) is scheduled for separation from the De6 partment, other than for cause;

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

8 position with the United States Postal Service; and

9 ‘‘(3) accepts the appointment.’’.

10 (2) The table of sections at the beginning of such sub11 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.’’.

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

13 subsection (a) shall take effect on the date of the enact14 ment of this Act and apply to persons separated from em15 ployment by the Department of Defense on or after such

16 date.

17 SEC. 336. FOREIGN EMPLOYEES COVERED BY THE FOR18 EIGN NATIONAL EMPLOYEES SEPARATION

19 PAY ACCOUNT.

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

21 amended—

22 (1) by striking out ‘‘foreign national employees

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

24 in subsections (a) and (b) and inserting in lieu
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1 thereof ‘‘foreign nationals referred to in subsection

2 (e)’’; and

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

4 in lieu thereof the following:

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

6 only with respect to separation pay of foreign nationals

7 employed by the Department of Defense, and foreign na8 tionals employed by a foreign government for the benefit

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

10 agreements that provide for payment of separation pay:

11 ‘‘(1) A contract.

12 ‘‘(2) A treaty.

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

14 foreign nation.

15 SEC. 337. INCREASED AUTHORITY TO ACCEPT VOLUNTARY

16 SERVICES.

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

18 1588 of title 10, United States Code, is amended to read

19 as follows:

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

21 subsection (b) and notwithstanding section 1342 of title

22 31, the Secretary concerned may accept from any person

23 the following services:
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1 ‘‘(1) Voluntary medical services, dental services,

2 nursing services, or other health-care related serv3 ices.

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

5 museum or a natural resources program.

6 ‘‘(3) Voluntary services to be provided for pro7 grams providing services to members of the armed

8 forces and the families of such members, including

9 the following programs:

10 ‘‘(A) Family support programs.

11 ‘‘(B) Child development and youth services

12 programs.

13 ‘‘(C) Library and education programs.

14 ‘‘(D) Religious programs.

15 ‘‘(E) Housing referral programs.

16 ‘‘(F) Programs providing employment as17 sistance to spouses of such members.

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

19 Secretary concerned shall notify the person of the scope

20 of the services accepted.

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

22 services accepted under subsection (a), the Secretary con23 cerned—

24 ‘‘(A) shall—
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1 ‘‘(i) supervise the person to the same ex2 tent as the Secretary would supervise a com3 pensated employee providing similar services;

4 and

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

6 privileged, has appropriate credentials, or is

7 otherwise qualified under applicable law or reg8 ulations to provide such services; and

9 ‘‘(B) may not—

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

11 position; or

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

13 compensate the person for the provision of such

14 services.

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

16 PROVIDING SERVICES.—The Secretary concerned may re17 cruit and train persons to provide voluntary services ac18 cepted under subsection (a).

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

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

21 services accepted under subsection (a) or receiving train22 ing under subsection (c) a person, other than a person

23 referred to in paragraph (2), shall be considered to be an

24 employee of the Federal Government only for purposes of

25 the following provisions of law:
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1 ‘‘(A) Subchapter I of chapter 81 of title 5, re2 lating to compensation for work-related injuries.

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

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

5 ‘‘(C) Section 522a of title 5, relating to mainte6 nance of records on individuals.

7 ‘‘(D) Chapter 11 of title 18, relating to con8 flicts of interest.

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

10 nonappropriated fund instrumentality of the United

11 States with voluntary services accepted under subsection

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

13 such an instrumentality with services accepted under sub14 section (a), a person shall be considered an employee of

15 that instrumentality only for the following purposes:

16 ‘‘(A) Subchapter II of chapter 81 of title 5, re17 lating to compensation of nonappropriated fund em18 ployees for work-related injuries.

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

20 of title 28, relating to tort claims.

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

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

23 of the Federal Government under paragraph (1) or (2)

24 only with respect to services that are within the scope of

25 the services so accepted.
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1 ‘‘(4) For purposes of determining the compensation

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

3 5 (pursuant to this subsection) to a person providing vol4 untary services accepted under subsection (a), the monthly

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

6 the amount determined by multiplying—

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

8 the person provided the services, by

9 ‘‘(B) the minimum wage determined in accord10 ance with section 6(a)(1) of the Fair Labor Stand11 ards Act of 1938 (29 U.S.C. 206(a)(1)).

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

13 The Secretary concerned may provide for reimbursement

14 of a person for incidental expenses incurred by the person

15 in providing voluntary services accepted under subsection

16 (a). The Secretary shall determine which expenses are eli17 gible for reimbursement under this subsection. Any such

18 reimbursement may be made from appropriated or

19 nonappropriated funds.’’.

20 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

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

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

23 an instrumentality with services accepted under section

24 1588 of title 10,’’ after ‘‘described by section 2105(c) of

25 this title’’.
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1 (2) Subchapter II of chapter 81 of such title is

2 amended—

3 (A) in section 8171—

4 (i) in subsection (a)—

5 (I) by striking out ‘‘Chapter 18 of

6 title 33’’ in the first sentence and inserting

7 in lieu thereof ‘‘The Longshore and Har8 bor Workers’ Compensation Act (33

9 U.S.C. 901 et seq.)’’;

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

11 title 33’’ in the first sentence and inserting

12 in lieu thereof ‘‘section 2(2) of such Act

13 (33 U.S.C. 902(2))’’; and

14 (III) by striking out ‘‘section 903(a)

15 of title 33 which follows the first comma’’

16 in the second sentence and inserting in lieu

17 thereof ‘‘section 3(a) of such Act (33

18 U.S.C. 903(3)) which follows the second

19 comma’’;

20 (ii) in subsection (b), by striking out ‘‘sec21 tion 902(4) of title 33’’ and inserting in lieu

22 thereof ‘‘section 2(4) of the Longshore and

23 Harbor Workers’ Compensation Act (33 U.S.C.

24 902(4))’’;
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1 (iii) in subsection (c)(1), by striking out

2 ‘‘section 939(b) of title 33’’ and inserting in

3 lieu thereof ‘‘39(b) of the Longshore and Har4 bor Workers’ Compensation Act (33 U.S.C.

5 939(b))’’; and

6 (iv) in subsection (d), by striking out ‘‘sec7 tions 918 and 921 of title 33’’ and inserting in

8 lieu thereof ‘‘sections 18 and 21 of the

9 Longshore and Harbor Workers’ Compensation

10 Act (33 U.S.C. 18 and 21, respectively)’’; and

11 (B) by striking out ‘‘section 902(2) of title 33’’

12 in sections 8172 and 8173 and inserting in lieu

13 thereof ‘‘section 2(2) of the Longshore and Harbor

14 Workers’ Compensation Act (33 U.S.C. 2(2))’’.

15 Subtitle E—Other Matters

16 SEC. 341. CHANGE OF SOURCE FOR PERFORMANCE OF

17 DEPOT-LEVEL WORKLOADS.

18 The text of section 2469 of title 10, United States

19 Code, is amended to read as follows:

20 ‘‘(a) REQUIREMENT FOR COMPETITION.—The Sec21 retary of Defense shall ensure that the performance of a

22 depot-level maintenance workload described in subsection

23 (b) is not changed to performance by a contractor or by

24 another depot-level maintenance activity of the Depart25 ment of Defense unless the change is made using—
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1 ‘‘(1) merit-based selection procedures for com2 petitions among all depot-level maintenance activities

3 of the Department of Defense; or

4 ‘‘(2) competitive procedures for competitions

5 among private and public sector entities.

6 ‘‘(b) SCOPE.—Subsection (a) applies to any depot7 level maintenance workload that has a value of not less

8 than $3,000,000 and is being performed by a depot-level

9 activity of the Department of Defense.

10 ‘‘(c) INAPPLICABILITY OF OMB CIRCULAR A–76.—

11 Office of Managment and Budget Circular A–76 does not

12 apply to a performance change to which subsection (a) ap13 plies.’’.

14 SEC. 342. CIVIL AIR PATROL.

15 (a) PROVISION OF FUNDS.—Subsection (b) of section

16 9441 of title 10, United States Code, is amended—

17 (1) by redesignating paragraphs (8), (9), (10),

18 and (11) as paragraphs (9), (10), (11), and (12), re19 spectively; and

20 (2) by inserting after paragraph (7) the follow21 ing new paragraph (8):

22 ‘‘(8) provide funds for the national head23 quarters of the Civil Air Patrol, including funds for

24 the payment of staff compensation and benefits, ad25 ministrative expenses, travel, per diem and allow-
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1 ances, rent and utilities, and other operational ex2 penses;’’.

3 (b) LIAISONS.—Such section is further amended by

4 adding at the end the following new subsection:

5 ‘‘(d)(1) The Secretary of the Air Force may authorize

6 the Civil Air Patrol to employ, as administrators and liai7 son officers, persons retired from service in the Air Force

8 whose qualifications are approved under regulations pre9 scribed by the Secretary and who request such employ10 ment.

11 ‘‘(2) A person employed pursuant to paragraph (1)

12 may receive the person’s retired pay and an additional

13 amount for such employment that is not more than the

14 difference between the person’s retired pay and the pay

15 and allowances the person would be entitled to receive if

16 ordered to active duty in the grade in which the person

17 retired from service in the Air Force. The additional

18 amount shall be paid to the Civil Air Patrol by the Sec19 retary from funds appropriated for that purpose.

20 ‘‘(3) A person employed pursuant to paragraph (1)

21 may not, while so employed, be considered to be on active

22 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 ad6 ministers.

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 Sec23 retary.
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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 sec12 tion:

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 as13 sistance.

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 agen19 cies.

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 of title 10, United States Code, is amend16 ed by striking out subparagraph (G) and inserting in lieu

17 thereof the following:

18 ‘‘(G) notwithstanding title II of the Federal

19 Property and Administrative Services Act of 1949

20 (40 U.S.C. 481 et seq.) and any other provision of

21 law, authorize the transfer to a nonprofit edu22 cational institution or training school, on a

23 nonreimbursable basis, of any such property already

24 in the possession of such institution or school when25 ever the program proposed by such institution or
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1 school for the use of such property will contribute

2 materially to national defense; and’’.

3 (b) TREATMENT OF PROPERTY LOANED BEFORE

4 DECEMBER 31, 1993.—Except for property determined by

5 the Secretary to be needed by the Department of Defense,

6 property loaned before December 31, 1993, to an edu7 cational institution or training school under section

8 2535(b) of title 10, United States Code, or section 4(a)(7)

9 of the Defense Industrial Reserve Act (as in effect before

10 October 23, 1992) shall be regarded as surplus property.

11 Upon certification by the Secretary to the Administrator

12 of General Services that the property is being used by the

13 borrowing educational institution or training school for a

14 purpose consistent with that for which the property was

15 loaned, the Administrator may authorize the conveyance

16 of all right, title, and interest of the United States in such

17 property to the borrower if the borrower agrees to accept

18 the property. The Administrator may require any addi19 tional terms and conditions in connection with a convey20 ance so authorized that the Administrator considers ap21 propriate to protect the interests of the United States.

22 SEC. 353. SHIPS’ STORES.

23 Section 371 of the National Defense Authorization

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

25 1634; 10 U.S.C. 7604 note) is amended—
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1 (1) by striking out subsections (a), (b), and (d);

2 and

3 (2) in subsection (c), by striking out ‘‘(c) CODI4 FICATION.—Section 7604’’ and inserting in lieu

5 thereof ‘‘Effective as of November 30, 1993, section

6 7604’’.

7 SEC. 354. HUMANITARIAN PROGRAM FOR CLEARING LAND8 MINES.

9 (a) PROGRAM AUTHORIZED.—The Secretary of De10 fense may carry out a program for humanitarian purposes

11 to provide for the instruction, education, training, and ad12 vising of personnel of other nations in the various proce13 dures that have been determined effective for detecting

14 and clearing landmines.

15 (b) FORMS OF ASSISTANCE.—Under the program the

16 Secretary may provide personnel to conduct the instruc17 tion, education, or training or to furnish advice. In addi18 tion or alternatively, the Secretary may provide financial

19 assistance or in-kind assistance in support of such instruc20 tion, education, or training.

21 (c) LIMITATIONS ON ACTIONS OF UNITED STATES

22 PERSONNEL.—The Secretary of Defense shall ensure that

23 no member of the Armed Forces of the United States—

24 (1) while providing assistance under subsection

25 (a), engages in the physical detection, lifting, or de-
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1 stroying of landmines unless the member does so for

2 the concurrent purpose of supporting a United

3 States military operation; or

4 (2) provides such assistance as part of a mili5 tary operation that does not involve the Armed

6 Forces of the United States.

7 (d) FUNDING.—Of the funds authorized to be appro8 priated in section 301, not more than $10,000,000 shall

9 be available for a program carried out under subsection

10 (a).

11 SEC. 355. ASSISTANCE TO RED CROSS FOR EMERGENCY

12 COMMUNICATIONS SERVICES FOR MEMBERS

13 OF THE ARMED FORCES AND THEIR FAMI14 LIES.

15 (a) FISCAL YEAR 1995.—Of the funds authorized to

16 be appropriated by section 301(5), $14,500,000 shall be

17 available for obtaining emergency communications services

18 for members of the Armed Forces and their families from

19 the American National Red Cross.

20 (b) FISCAL YEARS 1996 AND 1997.—Of the amounts

21 authorized to be appropriated for the Department of De22 fense for fiscal years 1996 and 1997 for operation and

23 maintenance for Defense-wide activities, $14,500,000

24 shall be available for each such fiscal year for obtaining

25 emergency communications services for members of the
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1 Armed Forces and their families from the American Na2 tional Red Cross.

3 SEC. 356. MARITIME PREPOSITIONING SHIP ENHANCE4 MENT.

5 Section 2218 of title 10, United States Code, is

6 amended by adding at the end of subsection (f) the follow7 ing new paragraph:

8 ‘‘(3) Not more than three vessels built in foreign

9 shipyards may be purchased for the Marine Corps mari10 time prepositioning ship program with funds in the Na11 tional Defense Sealift Fund. Vessels purchased under the

12 authority of this paragraph may not be counted for pur13 poses of the limitation in paragraph (1).’’.

14 SEC. 357. ROLL-ON/ROLL-OFF VESSELS FOR THE READY RE15 SERVE FORCE.

16 (a) TRANSFER AUTHORIZED.—To the extent pro17 vided in appropriations Acts, in order to provide for pur18 chase of up to seven roll-on/roll-off vessels for the Ready

19 Reserve Force of the National Defense Reserve Fleet

20 maintained under section 11 of the Merchant Ship Sales

21 Act of 1946 (50 U.S.C. App. 1744), the Secretary of De22 fense may transfer to the Maritime Administration not

23 more than $43,000,000 out of funds authorized by this

24 Act to be appropriated to the Department of Defense for
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1 fiscal year 1995, other than funds for procurement of na2 tional defense features for vessels.

3 (b) USE BY MARITIME ADMINISTRATION.—Funds

4 transferred to the Maritime Administration pursuant to

5 subsection (a) shall be used only for the purpose set forth

6 in such subsection.

7 SEC. 358. PAYMENT OF CERTAIN STIPULATED CIVIL PEN8 ALTIES.

9 Of the funds authorized to be appropriated by section

10 301(17), the Secretary of Defense may pay not more than

11 $500,000 to the Hazardous Substance Superfund estab12 lished under section 9507 of the Internal Revenue Code

13 of 1986 (26 U.S.C. 9507) as payment of stipulated civil

14 penalties assessed under the Comprehensive Environ15 mental Response, Compensation and Liability Act of 1980

16 (42 U.S.C. 9601 et seq.).

17 SEC. 359. SALE OF ARTICLES AND SERVICES OF INDUS18 TRIAL FACILITIES OF THE ARMED FORCES

19 TO PERSONS OUTSIDE DEPARTMENT OF DE20 FENSE.

21 (a) AUTHORITY TO SELL OUTSIDE DOD.—The Sec22 retary of Defense may sell in accordance with this section

23 to persons outside the Department of Defense articles and

24 services produced in working-capital funded industrial fa-
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1 cilities of the Armed Forces that are not available from

2 any United States commercial source.

3 (b) DESIGNATION OF PARTICIPATING INDUSTRIAL

4 FACILITIES.—The Secretary may designate up to three fa5 cilities referred to in subsection (a) as the facilities from

6 which articles and services produced in such facilities may

7 be sold under this section.

8 (c) CONDITIONS FOR SALES.—A sale of articles or

9 services may be made under this section only if—

10 (1) the Secretary of Defense determines that

11 the articles or services are not available from a com12 mercial source in the United States;

13 (2) the purchaser agrees to hold harmless and

14 indemnify the United States, except in cases of will15 ful misconduct or extreme negligence, from any

16 claim for damages or injury to any person or prop17 erty arising out of the articles or services;

18 (3) the articles or services can be substantially

19 performed by the industrial facility concerned with

20 only incidental subcontracting and that performance

21 is in the public interest;

22 (4) the Secretary determines that the sale of

23 the articles or services will not interfere with the

24 military mission of the industrial facility concerned;

25 and
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1 (5) the sale of the goods and services is made

2 on the basis that it will not interfere with perform3 ance of work by the industrial facility concerned for

4 the Department of Defense.

5 (d) METHODS OF SALE.—(1) The Secretary shall

6 permit a purchaser of articles or services under this sec7 tion to use advance incremental funding to pay for the

8 articles or services.

9 (2) In the sale of articles and services under this sec10 tion, the Secretary shall—

11 (A) charge the purchaser, at a minimum, the

12 variable costs, capital improvement costs, and equip13 ment depreciation costs that are associated with the

14 articles or services sold;

15 (B) enter into a firm, fixed-price contract or, if

16 agreed by the purchaser, a cost reimbursement con17 tract for the sale; and

18 (C) develop and maintain (from sources other

19 than appropriated funds) working capital to be avail20 able for paying design costs, planning costs, procure21 ment costs, and other costs associated with the arti22 cles or services sold.

23 (e) DELEGATION OF AUTHORITY.—The Secretary

24 may delegate the authority to sell articles and services in

25 accordance with this section to the commander of each in-
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1 dustrial facility designated pursuant to subsection (b) in

2 accordance with regulations prescribed by the Secretary.

3 (f) DEPOSIT OF PROCEEDS.—Proceeds from sales of

4 articles and services under this section shall be credited

5 to the funds, including working capital funds and oper6 ation and maintenance funds, incurring the costs of per7 formance.

8 (g) RELATIONSHIP TO ARMS EXPORT CONTROL

9 ACT.—Nothing in this section shall be construed to affect

10 the application of the export controls provided for in sec11 tion 38 of the Arms Export Control Act (22 U.S.C. 2778)

12 to items which incorporate or are produced through the

13 use of an article sold under this section.

14 (h) DEFINITIONS.—In this section:

15 (1) The term ‘‘advance incremental funding’’,

16 with respect to a sale of articles or services, means

17 a series of partial payments for the articles or serv18 ices that includes—

19 (A) one or more partial payments before

20 the commencement of work or the incurring of

21 costs in connection with the production of the

22 articles or the performance of the services, as

23 the case may be; and
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1 (B) subsequent progress payments that re2 sult in full payment being completed as the re3 quired work is being completed.

4 (2) The term ‘‘variable costs’’, with respect to

5 sales of articles or services, means the costs that are

6 expected to fluctuate directly with the volume of

7 sales and—

8 (A) in the case of articles, the volume of

9 production necessary to satisfy the sales orders;

10 or

11 (B) in the case of services, the extent of

12 the services sold.

13 SEC. 360. STUDY OF ESTABLISHMENT OF LAND MANAGE14 MENT AND TRAINING CENTER AT FORT

15 RILEY, KANSAS.

16 (a) STUDY.—The Secretary of the Army shall carry

17 out a study of the feasibility and advisability of establish18 ing at Fort Riley, Kansas, a center for the land manage19 ment activities and land management training activities

20 of the Department of Defense.

21 (b) REPORT.—The Secretary shall submit to the con22 gressional defense committees a report on the study re23 quired under subsection (a). The Secretary shall submit

24 the report not later than May 1, 1996.
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1 SEC. 361. PROCUREMENT OF PORTABLE VENTILATORS FOR

2 THE DEFENSE MEDICAL FACILITY OFFICE,

3 FORT DETRICK, MARYLAND.

4 Of the funds authorized to be appropriated by section

5 301(5), $2,500,000 shall be available for the procurement

6 of portable ventilators for the Defense Medical Facility Of7 fice, Fort Detrick, Maryland.

8 SEC. 362. REVIEW BY DEFENSE INSPECTOR GENERAL OF

9 COST GROWTH IN CERTAIN CONTRACTS.

10 (a) REVIEW.—The Inspector General of the Depart11 ment of Defense shall carry out a review of a representa12 tive sample of existing contracts for the performance of

13 commercial activities which resulted from a cost compari14 son study conducted by the Department of Defense under

15 Office of Management and Budget Circular A-76 (or any

16 other successor administrative regulation or policy) to de17 termine the extent to which the cost incurred by a contrac18 tor under any such contract has exceeded the cost of the

19 contract at the time the contract was entered into.

20 (b) REPORT.—Not later than April 1, 1995, the In21 spector General shall submit to the Committees on Armed

22 Services of the Senate and the House of Representatives

23 a report containing the results of the review carried out

24 under subsection (a).
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1 SEC. 363. COST COMPARISON STUDIES FOR CONTRACTS

2 FOR ADVISORY AND ASSISTANCE SERVICES.

3 (a) IN GENERAL.—(1) Chapter 141 of title 10, Unit4 ed States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 2410l. Contracts for advisory and assistance serv7 ices: cost comparison studies

8 ‘‘(a) REQUIREMENT.—(1)(A) Before the Secretary of

9 Defense enters into a contract described in subparagraph

10 (B), the Secretary shall determine whether Department of

11 Defense personnel have the capability to perform the serv12 ices proposed to be covered by the contract.

13 ‘‘(B) Subparagraph (A) applies to any contract of the

14 Department of Defense for advisory and assistance serv15 ices which contract will have a value in excess of $100,000.

16 ‘‘(2) If the Secretary determines that such personnel

17 have that capability, the Secretary shall conduct a study

18 comparing the cost of performing the services with De19 partment of Defense personnel and the cost of performing

20 the services with contractor personnel.

21 ‘‘(b) WAIVER.—The Secretary of Defense may, pur22 suant to guidelines prescribed by the Secretary, waive the

23 requirement under subsection (a)(2) to perform a cost

24 comparison study based on factors that are not related

25 to cost.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following

3 new item:

‘‘2410l. Contracts for advisory and assistance services: cost comparison studies.’’.

4 (b) PROCEDURES FOR CONDUCT OF STUDIES.—The

5 Secretary of Defense shall prescribe the following proce6 dures:

7 (1) Procedures for carrying out a cost compari8 son study under subsection (a)(2) of section 2410l

9 of title 10, United States Code, as added by sub10 section (a), which may contain a requirement that

11 the cost comparison study include consideration of

12 factors that are not related to cost, including the

13 quality of the service required to be performed, the

14 availability of Department of Defense personnel, the

15 duration and recurring nature of the services to be

16 performed, and the consistency of the workload.

17 (2) Procedures for reviewing contracts entered

18 into after a waiver under subsection (b) of such sec19 tion to determine whether the contract is justified

20 and sufficiently documented.

21 (c) EFFECTIVE DATE.—Section 2410l of title 10,

22 United States Code, as added by subsection (a), shall take

23 effect 180 days after the date of the enactment of this

24 Act.
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1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

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

7 (1) The Army, 510,000.

8 (2) The Navy, 441,641.

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

10 (4) The Air Force, 400,051.

11 SEC. 402. EXTENSION OF TEMPORARY VARIATION OF END

12 STRENGTH LIMITATIONS FOR MARINE CORPS

13 MAJORS AND LIEUTENANT COLONELS.

14 (a) EXTENSION OF AUTHORITY.—Subsection (a) of

15 section 402 of the National Defense Authorization Act for

16 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1639;

17 10 U.S.C. 523 note) is amended by striking out ‘‘and

18 1995’’ and inserting in lieu thereof ‘‘through 1997’’

19 (b) LIMITATION.—The table in subsection (b) of such

20 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.’’.
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1 (c) CLERICAL AMENDMENT.—The caption of sub2 section (b) of such section is amended by striking out

3 ‘‘AND 1995.—’’ and inserting in lieu thereof ‘‘THROUGH

4 1997.—’’.

5 SEC. 403. RETENTION OF AUTHORIZED STRENGTH OF GEN6 ERAL OFFICERS ON ACTIVE DUTY IN THE MA7 RINE CORPS FOR FISCAL YEARS AFTER FIS8 CAL YEAR 1995.

9 Section 526(a)(4) of title 10, United States Code, is

10 amended by striking out ‘‘before October 1, 1995,’’ and

11 all that follows through ‘‘that date’’.

12 SEC. 404. EXCEPTION TO LIMITATION ON NUMBER OF GEN13 ERAL OFFICERS AND FLAG OFFICERS SERV14 ING ON ACTIVE DUTY.

15 Section 525(b) of title 10, United States Code, is

16 amended by adding at the end the following new para17 graph:

18 ‘‘(5)(A) Subject to subparagraph (C), an officer while

19 serving in a position referred to in subparagraph (B), if

20 serving in the grade of general or admiral, is in addition

21 to the number that would otherwise be permitted for that

22 officer’s armed force for that grade under paragraph (1)

23 or (2).

24 ‘‘(B) Subparagraph (A) applies to the following posi25 tions:
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1 ‘‘(i) Commander in Chief of a combatant com2 mand.

3 ‘‘(ii) Commander, United States Forces, Korea.

4 ‘‘(iii) Deputy Commander in Chief, United

5 States European Command, but only while the Com6 mander in Chief of such command is also the Su7 preme Allied Commander Europe.

8 ‘‘(C) Subparagraph (A) does not apply to an officer

9 serving in a position referred to in subparagraph (B) un10 less the Secretary of Defense, when considering that offi11 cer for recommendation to the President for appointment

12 to such position, concurrently considered one officer from

13 each of the other armed forces (other than the Coast

14 Guard) for recommendation to the President for appoint15 ment to the position.

16 ‘‘(D) The Chairman of the Joint Chiefs of Staff may

17 recommend officers to the Secretary of Defense for consid18 eration by the President for appointment to any of the

19 positions referred to in subparagraph (B).

20 ‘‘(E) This paragraph shall cease to be effective at the

21 end of September 30, 1997.’’.
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1 SEC. 405. TEMPORARY EXCLUSION OF SUPERINTENDENT

2 OF NAVAL ACADEMY FROM COUNTING TO3 WARD NUMBER OF SENIOR ADMIRALS AU4 THORIZED TO BE ON ACTIVE DUTY.

5 (a) GRADE RELIEF.—If the next officer appointed to

6 serve as Superintendent of the United States Naval Acad7 emy after April 1, 1994, is an officer described in sub8 section (b), that officer, while so serving, shall not be

9 counted for purposes of the limitations contained in sec10 tion 525(b)(2) of title 10, United States Code.

11 (b) QUALIFYING OFFICER.—Subsection (a) applies in

12 the case of a retired officer who—

13 (1) holds the grade of admiral on the retired

14 list;

15 (2) is ordered to active duty pursuant to section

16 688 of title 10, United States Code, to serve as Su17 perintendent of the United States Naval Academy;

18 and

19 (3) is appointed pursuant to section 601 of that

20 title to have the grade of admiral while serving on

21 active duty in that position.

22 Subtitle B—Reserve Forces

23 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

25 strengths for Selected Reserve personnel of the reserve

26 components as of September 30, 1995, as follows:
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1 (1) The Army National Guard of the United

2 States, 400,000.

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

4 (3) The Naval Reserve, 109,000.

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

6 (5) The Air National Guard of the United

7 States, 115,581.

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

9 (7) The Coast Guard Reserve, 8,000.

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

11 may increase the end strength authorized by subsection

12 (a) by not more than 2 percent.

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

14 subsection (a) for the Selected Reserve of any reserve com15 ponent shall be reduced proportionately by—

16 (1) the total authorized strength of units orga17 nized to serve as units of the Selected Reserve of

18 such component which are on active duty (other

19 than for training) at the end of the fiscal year, and

20 (2) the total number of individual members not

21 in units organized to serve as units of the Selected

22 Reserve of such component who are on active duty

23 (other than for training or for unsatisfactory partici24 pation in training) without their consent at the end

25 of the fiscal year.
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1 Whenever such units or such individual members are re2 leased from active duty during any fiscal year, the end

3 strength prescribed for such fiscal year for the Selected

4 Reserve of such reserve component shall be increased pro5 portionately by the total authorized strengths of such

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

7 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

8 DUTY IN SUPPORT OF THE RESERVES.

9 Within the end strengths prescribed in section

10 411(a), the reserve components of the Armed Forces are

11 authorized, as of September 30, 1995, the following num12 ber of Reserves to be serving on full-time active duty or,

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

14 National Guard duty for the purpose of organizing, ad15 ministering, recruiting, instructing, or training the reserve

16 components:

17 (1) The Army National Guard of the United

18 States, 23,650.

19 (2) The Army Reserve, 11,940.

20 (3) The Naval Reserve, 17,510.

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

22 (5) The Air National Guard of the United

23 States, 9,098.

24 (6) The Air Force Reserve, 648.
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1 Subtitle C—Military Training

2 Student Loads

3 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

4 (a) IN GENERAL.—For fiscal year 1995, the Armed

5 Forces are authorized average military training student

6 loads as follows:

7 (1) The Army, 69,420.

8 (2) The Navy, 43,064.

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

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

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

12 load authorized for an armed force under subsection (a)

13 applies to the active and reserve components of that armed

14 force.

15 (c) ADJUSTMENTS.—The average military training

16 student loads authorized in subsection (a) shall be ad17 justed consistent with the end strengths authorized in sub18 titles A and B. The Secretary of Defense shall prescribe

19 the manner in which such adjustments shall be appor20 tioned.
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1 Subtitle D—Authorization of

2 Appropriations

3 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL.

5 There is hereby authorized to be appropriated to the

6 Department of Defense for military personnel for fiscal

7 year 1995 a total of $70,790,397,000. The authorization

8 in the preceding sentence supersedes any other authoriza9 tion of appropriations (definite or indefinite) for such pur10 pose for fiscal year 1995.

11 Subtitle E—Other Matters

12 SEC. 441. REPEAL OF REQUIRED REDUCTION IN RECRUIT13 ING PERSONNEL.

14 Section 431 of the National Defense Authorization

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

16 2400) is repealed.

17 TITLE V—MILITARY PERSONNEL

18 POLICY

19 Subtitle A—Officer Personnel

20 Policy

21 SEC. 501. SERVICE ON SUCCESSIVE SELECTION BOARDS.

22 (a) SERVICE ON SUCCESSIVE BOARDS AUTHOR23 IZED.—Section 628 of title 10, United States Code, is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(f)(1) A special selection board convened under this

2 section shall be composed in accordance with section 612

3 of this title or, in the case of a warrant officer, composed

4 in accordance with section 573 of this title and regulations

5 prescribed by the Secretary of the military department

6 concerned, except that the prohibitions on service on suc7 cessive selection boards set forth in sections 612(b) and

8 573(e) of this title do not apply to service on successive

9 selection boards authorized under paragraph (2).

10 ‘‘(2) An officer may serve on a selection board con11 vened under section 611(a) of this title or, in the case of

12 a warrant officer, section 573(a) of this title and on a suc13 cessive special selection board convened under this section

14 if the service on the successive board is approved by the

15 Secretary of the military department concerned and the

16 successive board does not consider any officer who was

17 considered by the first board.’’.

18 (b) CONFORMING AMENDMENT.—Subsections (a)(1)

19 and (b)(1) of section 628 of such title are amended by

20 striking out ‘‘(composed in accordance with’’ and all that

21 follows through ‘‘concerned)’’ and inserting in lieu thereof

22 ‘‘(composed as provided in subsection (f))’’.
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1 SEC. 502. PROMOTION AND OTHER CAREER MANAGEMENT

2 MATTERS RELATING TO WARRANT OFFICERS

3 ON ACTIVE-DUTY LISTS.

4 (a) EXCEPTION FROM MANDATORY CONSIDERATION

5 BY PROMOTION SELECTION BOARD.—Section 575(d) of

6 such title is amended by inserting ‘‘(except for warrant

7 officers precluded from consideration under regulations

8 prescribed by the Secretary concerned under section 577

9 of this title)’’ after ‘‘under consideration’’.

10 (b) SECRETARIAL SUBMISSION OF PROMOTION SE11 LECTION BOARD REPORT.—Section 576(f)(1) of such title

12 is amended by striking out the second sentence.

13 (c) PROMOTION FORMALITIES DEEMED COM14 PLETED.—Section 578 of such title is amended by adding

15 at the end the following new subsections:

16 ‘‘(e) A warrant officer who is appointed to a higher

17 grade under this section is considered to have accepted

18 such appointment on the date on which the appointment

19 is made unless the officer expressly declines the appoint20 ment.

21 ‘‘(f) A warrant who has served continuously as an

22 officer since the officer took the oath of office set forth

23 under section 3331 of title 5 is not required to take a

24 new oath upon appointment to a higher grade under this

25 section.’’.
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1 (d) WARRANT OFFICERS SUBJECT TO MANAGEMENT

2 AUTHORITIES.—Section 582(2) of such title is amended

3 by inserting before the period at the end the following:

4 ‘‘(other than such officers recalled to active duty before

5 February 1, 1992, who have served continuously on active

6 duty since such date)’’.

7 SEC. 503. ENLISTMENT OR RETIREMENT OF NAVY AND MA8 RINE CORPS LIMITED DUTY OFFICERS HAV9 ING TWICE FAILED OF SELECTION FOR PRO10 MOTION.

11 (a) AUTHORITY.—Subsection (f) of section 6383 of

12 title 10, United States Code, is amended to read as fol13 lows:

14 ‘‘(f)(1) An officer subject to discharge under sub15 section (b), (d), or (e) who is not eligible for retirement

16 or for retention under paragraph (2) may, upon the offi17 cer’s request and in the discretion of the Secretary of the

18 Navy, be enlisted in the grade prescribed by the Secretary.

19 ‘‘(2) If an officer subject to discharge under sub20 section (b) or (d) is within two years of qualifying for re21 tirement under section 6323 of this title as of the date

22 on which the officer is to be discharged, the officer shall

23 be retained on active duty until becoming qualified for re24 tirement under that section (unless sooner retired or dis-
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1 charged under another provision of law) and shall then

2 be retired.’’.

3 (b) CONFORMING AMENDMENTS.—Section 6383 of

4 such title is amended—

5 (1) in subsection (i), by striking out ‘‘or the

6 discharge under subsection (d)’’ and inserting in lieu

7 thereof ‘‘or the discharge under subsection (b) or

8 (d)’’;

9 (2) by striking out subsection (g);

10 (3) by redesignating subsections (h), (i), and (j)

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

12 (4) in subsections (a), (b), and (d), by striking

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

14 place it appears and inserting in lieu thereof ‘‘Ex15 cept as provided in subsection (h),’’.

16 SEC. 504. EDUCATIONAL REQUIREMENTS FOR APPOINT17 MENT IN RESERVE COMPONENTS IN GRADES

18 ABOVE FIRST LIEUTENANT OR LIEUTENANT

19 (JUNIOR GRADE).

20 Section 596(a) of title 10, United States Code, is

21 amended—

22 (1) by inserting ‘‘(1)’’ after ‘‘(a) IN GEN23 ERAL.—’’; and
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1 (2) by striking out ‘‘an accredited educational

2 institution’’ and inserting in lieu thereof ‘‘an edu3 cational institution described in paragraph (2)’’; and

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

5 paragraph:

6 ‘‘(2) An educational institution referred to in para7 graph (1) is—

8 ‘‘(A) an accredited educational institution; or

9 ‘‘(B) an unaccredited educational institution if

10 at least three accredited educational institutions gen11 erally grant baccalaureate degree credit for comple12 tion of courses of the unaccredited institution equiv13 alent to the baccalaureate degree credit granted by

14 the unaccredited institution for the completion of

15 such courses.’’.

16 SEC. 505. LIMITED EXCEPTION FROM BACCALAUREATE DE17 GREE REQUIREMENT FOR ALASKA SCOUT OF18 FICERS.

19 Section 596 of title 10, United States Code, is

20 amended—

21 (1) by adding at the end of subsection (b) the

22 following new paragraph:

23 ‘‘(5) The appointment or recognition of an indi24 vidual referred to in subsection (c) in a higher grade

25 (not above major) of the Alaska Army National
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1 Guard while such individual is serving in a Scout

2 unit or a Scout supporting unit.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(c) PERSONS COVERED BY ALASKA SCOUT EXCEP6 TION.—Subsection (b)(5) applies to a member of the Alas7 ka Army National Guard who resides permanently at a

8 location in Alaska that is more than 50 miles from the

9 cities of Anchorage, Fairbanks, and Juneau, Alaska, by

10 paved road.’’.

11 SEC. 506. ORIGINAL APPOINTMENTS OF LIMITED DUTY OF12 FICERS OF THE NAVY AND MARINE CORPS

13 SERVING IN TEMPORARY GRADES.

14 Section 5589 of title 10, United States Code, is

15 amended—

16 (1) by redesignating subsection (f) as sub17 section (g); and

18 (2) by inserting after subsection (e) the follow19 ing new subsection (f):

20 ‘‘(f) Original appointments as regular officers of the

21 Navy or Marine Corps may be made from among officers

22 serving on active duty in a higher grade pursuant to a

23 temporary appointment in that grade under section 5596

24 of this title. The grade in which an officer is appointed

25 under this subsection shall be the grade in which the offi-
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1 cer is serving pursuant to the temporary appointment. The

2 officer’s date of rank for the grade of the original appoint3 ment shall be the same as the date of rank for the grade

4 of the temporary appointment.’’.

5 SEC. 507. SELECTION FOR DESIGNATED JUDGE ADVOCATE

6 POSITIONS.

7 (a) To the extent that selection for the positions de8 scribed in subsection (b) is not governed by Chapter 36

9 of title 10, United States Code, the Secretary of Defense

10 shall prescribe regulations to ensure that officers selected

11 to serve in such positions are selected for such service by

12 boards governed, insofar as practicable, by the procedures

13 prescribed for selection boards under Chapter 36 of title

14 10, United States Code.

15 (b) The positions referred to in subsection (a) are—

16 (1) the Judge Advocate General and Assistant

17 Judge Advocate General of the Army,

18 (2) the Judge Advocate General and Deputy

19 Judge Advocate General of the Navy,

20 (3) the Staff Judge Advocate to the Com21 mandant of the Marine Corps, and

22 (4) the Judge Advocate General and Deputy

23 Judge Advocate General of the Air Force.
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1 Subtitle B—Reserve Component

2 Matters

3 SEC. 511. REVIEW OF OPPORTUNITIES FOR ORDERING IN4 DIVIDUAL RESERVES TO ACTIVE DUTY WITH

5 CONSENT.

6 (a) REVIEW REQUIRED.—The Secretary of Defense

7 shall—

8 (1) review the opportunities for individual mem9 bers of the reserve components of the Armed Forces

10 to be ordered to active duty, with the consent of the

11 members concerned, during peacetime in positions

12 traditionally filled by active duty personnel; and

13 (2) identify and remove any impediments, in

14 regulations or other administrative rules, to increas15 ing such opportunities.

16 (b) REPORT.—Not later than 90 days after the date

17 of the enactment of this Act, the Secretary shall submit

18 to the Committees on Armed Services of the Senate and

19 the House of Representatives a report on the results of

20 the review. The report shall contain—

21 (1) a plan for increasing the opportunities for

22 individual members of the reserve components of the

23 Armed Forces to be ordered to active duty, with the

24 consent of the members concerned, during peacetime
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1 in positions traditionally filled by active duty person2 nel; and

3 (2) any additional legislation that the Secretary

4 considers necessary in order to increase such oppor5 tunities.

6 SEC. 512. INCREASED PERIOD OF ACTIVE DUTY SERVICE

7 FOR SELECTED RESERVE FORCES MOBI8 LIZED OTHER THAN DURING WAR OR NA9 TIONAL EMERGENCY.

10 (a) REVISION TO PERIOD OF EXTENSION OF ACTIVE

11 DUTY.—Section 673b of title 10, United States Code, is

12 amended—

13 (1) in subsection (a), by striking out ‘‘90 days.’’

14 and inserting in lieu thereof ‘‘180 days.’’; and

15 (2) by striking out subsection (i).

16 (b) REPORT REQUIRED.—(1) Not later than April 1,

17 1995, the Secretary of Defense shall submit to the con18 gressional defense committees a report on increasing the

19 authority of the President to order units and members of

20 the reserve components to active duty without the consent

21 of the members concerned.

22 (2) The report shall include the following:

23 (A) An analysis of options for increased presi24 dential authority.
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1 (B) An assessment of the effects of each option

2 on recruiting, retention, employer support for the re3 serve components, and the families of members of

4 the reserve components.

5 (C) Programs that the Secretary recommends

6 to mitigate any negative effects.

7 (D) Any option that the Secretary recommends.

8 (E) Any proposed legislation that the Secretary

9 considers necessary to implement any recommended

10 option.

11 SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING

12 TO TRANSFER OF REGULAR ENLISTED MEM13 BERS TO RESERVE COMPONENTS.

14 (a) ARMY.—Section 3914 of title 10, United States

15 Code, is amended by striking out the second and third sen16 tences.

17 (b) AIR FORCE.—Section 8914 of such title, is

18 amended by striking out the second and third sentences.

19 SEC. 514. SENSE OF THE SENATE CONCERNING THE TRAIN20 ING AND MODERNIZATION OF THE RESERVE

21 COMPONENTS.

22 (a) FINDINGS.—(1) The force structure specified in

23 the Pentagon’s Bottom Up Review assumes increased reli24 ance on the reserve components of the Armed Forces;
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1 (2) The mobilization of the reserve components for

2 the Persian Gulf War was handicapped by training, readi3 ness, and equipment shortfalls;

4 (3) The mobilization of the Army reserve components

5 for the Persian Gulf War was handicapped by lack of a

6 standard readiness evaluation system, which resulted in

7 a lengthy reevaluation of training and equipment readi8 ness of Army National Guard and Reserve units before

9 they could by deployed;

10 (4) Funding and scheduling constraints continue to

11 limit the opportunity for combat units of the Army Na12 tional Guard to carry out adequate maneuver training;

13 (5) Funding constraints continue to handicap the

14 readiness and modernization of the reserve components

15 and their interoperability with the active forces: Now,

16 therefore

17 (b) PURPOSE.—It is the sense of the Senate that the

18 Department of Defense should establish a standard readi19 ness and evaluation system and that it should provide in

20 its annual budget submissions adequate resources to en21 sure that National Guard and reserve units are trained

22 and modernized to the standards needed for them to carry

23 out the full range of missions required of them under the

24 Bottom Up Review.
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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 SEC. 522. TRANSITIONAL COMPENSATION AND OTHER BEN4 EFITS FOR DEPENDENTS OF MEMBERS SEPA5 RATED FOR DEPENDENT ABUSE.

6 (a) REQUIREMENT.—Subsection (a) of section 1058

7 of title 10, United States Code, as added by section

8 554(a)(1) of Public Law 103–160 (197 Stat. 1663), is

9 amended by amending subsection (e) to read as follows:

10 ‘‘(e) COMMENCEMENT AND DURATION OF PAY11 MENT.—(1) Payment of transitional compensation under

12 this section—

13 ‘‘(A) in the case of a member convicted by a

14 court-martial for a dependent-abuse offense, may

15 commence as of the date of the approval of the

16 court-martial sentence by the person acting under

17 section 860(c) of this title (article 60(c) of the Uni18 form Code of Military Justice) if the sentence, as

19 approved, includes a dismissal, dishonorable dis20 charge, bad conduct discharge, or forfeiture of all

21 pay and allowances; and

22 ‘‘(B) in the case of a member being considered

23 under applicable regulations for administrative sepa24 ration from active duty in accordance with such reg25 ulations (if the basis for the separation includes a
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1 dependent-abuse offense), may commence as of the

2 date on which the separation action is initiated by

3 a commander of the member pursuant to such regu4 lations, as determined by the Secretary concerned.

5 ‘‘(2) Transitional compensation with respect to a

6 member may be paid for a period of 36 months, except

7 that, if as of the date on which payment of transitional

8 compensation commences the unserved portion of the

9 member’s period of obligated active duty service is less

10 than 36 months, the period for which transitional com11 pensation is paid shall be equal to the greater of—

12 ‘‘(A) the unserved portion of the member’s pe13 riod of obligated active duty service; or

14 ‘‘(B) 12 months.

15 ‘‘(3)(A) If a member is sentenced by a court-martial

16 to receive punishment that includes a dismissal, dishonor17 able discharge, bad conduct discharge, or forfeiture of all

18 pay and allowances as a result of a conviction by a court19 martial for a dependent-abuse offense and each such pun20 ishment applicable to the member under the sentence is

21 remitted, set aside, or mitigated to a lesser punishment

22 that does not include any such punishment, any payment

23 of transitional compensation that has commenced under

24 this section on the basis of such sentence in that case shall

25 cease.
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1 ‘‘(B) If administrative separation of a member from

2 active duty is proposed on a basis that includes a depend3 ent-abuse offense and the proposed administrative separa4 tion is disapproved by competent authority under applica5 ble regulations, payment of transitional compensation in

6 such case shall cease.

7 ‘‘(C) Cessation of payments under subparagraph (A)

8 or (B) shall be effective as of the first day of the first

9 month following the month in which the Secretary con10 cerned notifies the recipient of such transitional com11 pensation in writing that payment of the transitional com12 pensation will cease. The recipient may not be required

13 to repay amounts of transitional compensation received

14 before that effective date (except to the extent necessary

15 to recoup any amount that was erroneous when paid).’’.

16 (c) HEALTH, COMMISSARY, AND OTHER BENE17 FITS.—Such section is further amended—

18 (1) by redesignating subsections (j) and (k) as

19 subsections (k) and (l), respectively; and

20 (2) by inserting after subsection (i) the follow21 ing new subsection (j):

22 ‘‘(j) HEALTH, COMMISSARY, AND OTHER BENE23 FITS.—(1) A dependent or former dependent entitled to

24 payment of monthly transitional compensation under this

25 section shall, while receiving payments in accordance with
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1 this section, be entitled to receive medical and dental care,

2 to use commissary and exchange stores, and to receive any

3 other benefit that a dependent of a member of the armed

4 forces is entitled to receive on the basis of being a depend5 ent of a member of the armed forces to the same extent

6 and in the same manner as a dependent of a member of

7 the armed forces on active duty for a period of not more

8 than 30 days.

9 ‘‘(2) If a dependent or former dependent eligible or

10 entitled to receive a particular benefit under this sub11 section is eligible or entitled to receive that benefit under

12 another provision of law, the eligibility or entitlement of

13 that dependent or former dependent to such benefit shall

14 be determined under such other provision of law instead

15 of this subsection.’’.

16 (c) CONFORMING AMENDMENTS.—(1) The heading

17 for such section is amended to read as follows:

18 ‘‘§ 1058. Dependents of members separated for de19 pendent abuse: transitional compensation

20 and other benefits’’.

21 (2) The table of sections at the beginning of chapter

22 53 of such title is amended by striking out the item relat23 ing to section 1058 (as added by section 554(a)(2) of Pub-
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1 lic Law 103–160 (107 Stat. 1066)) and inserting in lieu

2 thereof the following:

‘‘1058. Dependents of members separated for dependent abuse: transitional

compensation and other benefits.’’.

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 SEC. 634. COMPUTATION OF RETIRED PAY TO PREVENT

13 PAY INVERSIONS.

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

15 amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘(f) PREVENTION

17 OF PAY INVERSIONS.—’’; and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(2)(A) Subject to subparagraph (B), for the purpose

21 of computing the monthly retired pay of a member or

22 former member of an armed force under paragraph (1),

23 the Secretary concerned may waive any provision of a reg24 ulation that, as such provision was in effect on the earlier

25 date applicable to the member or former member under
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1 paragraph (1), required a member to serve for a minimum

2 period in a grade as a condition for retirement in that

3 grade.

4 ‘‘(B) Any waiver under subparagraph (A) shall apply

5 in the case of a member or former member only to that

6 part of the minimum period of service provided for a grade

7 in the regulation that exceeds the minimum period of serv8 ice in such grade that was authorized by a provision of

9 this title to be required as a condition for retirement in

10 that grade (as such provision of this title was in effect

11 on the earlier date applicable to the member or former

12 member under paragraph (1)).

13 ‘‘(C) The Secretary concerned may waive the provi14 sion of a regulation under subparagraph (A) in the case

15 of a particular member or former member or for any

16 group of members or former members.’’.

17 SEC. 635. COST-OF-LIVING INCREASES IN SBP CONTRIBU18 TIONS TO BE EFFECTIVE CONCURRENTLY

19 WITH PAYMENT OF RELATED RETIRED PAY

20 COST-OF-LIVING INCREASES.

21 (a) SURVIVOR BENEFIT PLAN.—Section 1452(h) of

22 title 10, United States Code, is amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(2)(A) Notwithstanding paragraph (1), when the

2 initial payment of an increase in retired pay under section

3 1401a of this title (or any other provision of law) to a

4 person is later than the effective date of that increase by

5 reason of the application of subsection (b)(2)(B) of such

6 section, then the amount of the reduction in the person’s

7 retired pay shall be effective on the date of that initial

8 payment of the increase in retired pay rather than the ef9 fective date of the increase in retired pay.

10 ‘‘(B) Subparagraph (A) may not be construed as de11 laying, for purposes of determining the amount of a

12 monthly annuity under section 1451 of this title, the effec13 tive date of an increase in a base amount under subsection

14 (h) of such section from the effective date of an increase

15 in retired pay under section 1401a of this title to the date

16 on which the initial payment of that increase in retired

17 pay is made in accordance with subsection (b)(2)(B) of

18 such section 1401a.’’.

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

20 subsection (a) shall take effect with respect to retired pay

21 payable for months beginning on or after the date of the

22 enactment of this Act.
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1 SEC. 636. REQUIREMENT FOR EQUAL TREATMENT OF CI2 VILIAN AND MILITARY RETIREES IN THE

3 EVENT OF DELAYS IN COST-OF-LIVING AD4 JUSTMENTS.

5 (a) CIVIL SERVICE ANNUITIES.—(1) Section 8340 of

6 title 5, United States Code, is amended—

7 (A) in subsection (b), by striking out ‘‘Except

8 as provided in subsection (c)’’ and inserting in lieu

9 thereof ‘‘Except as provided in subsections (c) and

10 (h)’’; and

11 (B) by adding at the end the following new sub12 section:

13 ‘‘(h)(1) Whenever, by law, there is a difference be14 tween the date on which a cost-of-living adjustment under

15 this section is to take effect and the date on which a cor16 responding cost-of-living adjustment of the retired pay of

17 members and former members of the uniformed services

18 under section 1401a of title 10 is to take effect, then, not19 withstanding subsection (b) and any other provision of

20 law, the date on which the cost-of-living adjustment under

21 this section takes effect shall be the earlier of the two

22 dates.

23 ‘‘(2) Whenever, by law, there is a difference between

24 the first month for which a cost-of-living adjustment tak25 ing effect under this section is payable and the first month

26 for which a corresponding cost-of-living adjustment of the
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1 retired pay of members and former members of the uni2 formed services taking effect under section 1401a of title

3 10 is payable, then the first month for which the cost4 of-living adjustment under this section is first payable

5 shall (notwithstanding the effective date provided for such

6 adjustment in subsection (b) of this section or in any other

7 law) be the earlier of the two months.

8 ‘‘(3) For purposes of this subsection, a cost-of-living

9 adjustment of the retired pay of members and former

10 members of the uniformed services under section 1401a

11 of title 10 corresponds to a cost-of-living adjustment under

12 this section when, without regard to any provision of law

13 other than subsection (b) of this section and section

14 1401a(b)(1) of title 10, the cost-of-living adjustments

15 under this section and under section 1401a of title 10

16 would take effect on the same date.’’.

17 (2) Section 8462 of title 5, United States Code, is

18 amended—

19 (A) in subsection (b)(1), by striking out ‘‘Ex20 cept as provided in subsection (c)’’ and inserting in

21 lieu thereof ‘‘Except as provided in subsections (c)

22 and (f)’’; and

23 (B) by adding at the end the following new sub24 section:
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1 ‘‘(f)(1) Whenever, by law, there is a difference be2 tween the date on which a cost-of-living adjustment under

3 this section is to take effect and the date on which a cor4 responding cost-of-living adjustment of the retired pay of

5 members and former members of the uniformed services

6 under section 1401a of title 10 is to take effect, then, not7 withstanding subsection (b)(1) and any other provision of

8 law, the date on which the cost-of-living adjustment under

9 this section takes effect shall be the earlier of the two

10 dates.

11 ‘‘(2) Whenever, by law, there is a difference between

12 the first month for which a cost-of-living adjustment tak13 ing effect under this section is payable and the first month

14 for which a corresponding cost-of-living adjustment of the

15 retired pay of members and former members of the uni16 formed services taking effect under section 1401a of title

17 10 is payable, then the first month for which the cost18 of-living adjustment under this section is first payable

19 shall (notwithstanding the effective date provided for such

20 adjustment in subsection (b)(1) of this section or in any

21 other law) be the earlier of the two months.

22 ‘‘(3) For purposes of this subsection, a cost-of-living

23 adjustment of the retired pay of members and former

24 members of the uniformed services under section 1401a

25 of title 10 corresponds to a cost-of-living adjustment under
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1 this section when, without regard to any provision of law

2 other than subsection (b)(1) of this section and section

3 1401a(b)(1) of title 10, the cost-of-living adjustments

4 under this section and under section 1401a of title 10

5 would take effect on the same date.’’.

6 (b) UNIFORMED SERVICES RETIRED PAY.—Section

7 1401a of title 10, United States Code, is amended—

8 (1) in subsection (b)(1), by inserting (except as

9 provided in subsection (i))’’ after ‘‘Effective on De10 cember 1 of each year’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(i)(1) Whenever, by law, there is a difference be14 tween the date on which a cost-of-living adjustment under

15 this section is to take effect and the date on which a cor16 responding cost-of-living adjustment of annuities of retired

17 employees of the United States under section 8340 or

18 8462 of title 5 is to take effect, then, notwithstanding sub19 section (b) and any other provision of law, the date on

20 which the cost-of-living adjustment under this section

21 takes effect shall be the earlier (or earliest) such date.

22 ‘‘(2) Whenever, by law, there is a difference between

23 the first month for which a cost-of-living adjustment tak24 ing effect under this section is payable and the first month

25 for which a corresponding cost-of-living adjustment of an-
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1 nuities of retired employees of the United States taking

2 effect under section 8340 or 8462 of title 5 is payable,

3 then the first month for which the cost-of-living adjust4 ment under this section is first payable shall (notwith5 standing the effective date provided for such adjustment

6 in subsection (b)(1) of this section or in any other law)

7 be the earlier (or earliest) such month.

8 ‘‘(3) For purposes of this subsection, a cost-of-living

9 adjustment of annuities of retired employees of the United

10 States under section 8340 or 8462 of title 5 corresponds

11 to a cost-of-living adjustment under this section when,

12 without regard to any provision of law other than sub13 section (b)(1) of this section and sections 8340(b) and

14 8462(b)(1) of title 5, the cost-of-living adjustments under

15 this section and under sections 8340 and 8462 of title 5

16 would take effect on the same date.’’.

17 (c) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect on October

19 1, 1998.
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1 Subtitle E—Defense Conversion,

2 Reinvestment, and Transition

3 Assistance Matters

4 SEC. 641. ELIGIBILITY OF MEMBERS RETIRED UNDER TEM5 PORARY SPECIAL RETIREMENT AUTHORITY

6 FOR SERVICEMEN’S GROUP LIFE INSURANCE.

7 (a) ELIGIBILITY.—Section 1965(5) of title 38, Unit8 ed States Code, is amended—

9 (1) by striking out ‘‘and’’ at the end of sub10 paragraph (C);

11 (2) by redesignating subparagraph (D) as sub12 paragraph (E); and

13 (3) by inserting after subparagraph (C) the fol14 lowing new subparagraph (D):

15 ‘‘(D) a person transferred to the Retired

16 Reserve of a uniformed service under the tem17 porary special retirement authority provided in

18 section 1331a of title 10 who has not received

19 the first increment of retirement pay or has not

20 reached sixty-one years of age; and’’.

21 (b) INSURANCE COVERAGE.—Section 1967(a) of such

22 title is amended—

23 (1) by striking out ‘‘and’’ at the end of para24 graph (2);
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1 (2) by adding ‘‘and’’ at the end of paragraph

2 (3);

3 (3) by inserting after paragraph (3) the follow4 ing:

5 ‘‘(4) any member assigned to the Retired Re6 serve of a uniform service who meets the qualifica7 tions set forth in section 1965(5)(D) of this title;’’;

8 and

9 (4) in the second sentence, by inserting after

10 ‘‘section 1965(5)(C) of this title,’’ the following: ‘‘or

11 the first day a member of the Reserves meets the

12 qualifications of section 1965(5)(D) of this title,’’.

13 (c) DURATION OF COVERAGE.—Section 1968(a) of

14 such title is amended—

15 (1) in the matter above paragraph (1), by strik16 ing out ‘‘section 1965(5)(B) or (C)’’ and inserting in

17 lieu thereof ‘‘subparagraphs (B), (C), or (D) of sec18 tion 1965(5)’’;

19 (2) in paragraph (4)—

20 (A) by striking out ‘‘or’’ at the end of sub21 paragraph (A);

22 (B) by striking out the period at the end

23 of subparagraph (B) and inserting in lieu there24 of ‘‘; or’’; and
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1 (C) by adding at the end the following new

2 subparagraph:

3 ‘‘(C) unless on the date of such separation

4 or release the member is transferred to the Re5 tired Reserve of a uniformed service under the

6 temporary special retirement authority provided

7 in section 1331a of title 10, in which event the

8 insurance, unless converted to an individual pol9 icy under terms and conditions set forth in sec10 tion 1977(e) of this title, shall, upon timely

11 payment of premiums under terms prescribed

12 by the Secretary directly to the administrative

13 office established under section 1966(b) of this

14 title, continue in force until receipt of the first

15 increment of retirement pay by the member or

16 the member’s sixty-first birthday, whichever oc17 curs earlier.’’; and

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

19 ‘‘(6) with respect to a member of the Retired

20 Reserve who meets the qualifications of section

21 1965(5)(D) of this title, at such time as the member

22 receives the first increment of retirement pay, or the

23 member’s sixty-first birthday, whichever occurs ear24 lier, subject to the timely payment of the initial and

25 subsequent premiums, under terms prescribed by the
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1 Secretary, directly to the administrative office estab2 lished under section 1966(b) of this title.’’.

3 (d) DEDUCTIONS.—Section 1969 of such title is

4 amended—

5 (1) in subsection (a)(2)—

6 (A) by striking out ‘‘or is assigned’’ and

7 inserting in lieu thereof ‘‘is assigned’’; and

8 (B) by inserting after ‘‘section 1965(5)(C)

9 of this title,’’ the following: ‘‘or is assigned to

10 the Retired Reserve and meets the qualifica11 tions of section 1965(5)(D) of this title,’’; and

12 (2) in subsection (e), by striking out ‘‘section

13 1965(5)(C)’’ in the first sentence and inserting in

14 lieu thereof ‘‘subparagraph (C) or (D) of section

15 1965(5)’’.

16 SEC. 642. ANNUAL PAYMENTS FOR MEMBERS RETIRED

17 UNDER GUARD AND RESERVE TRANSITION

18 INITIATIVE.

19 (a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS.—

20 Subsection (d) of section 4416 of the Defense Conversion,

21 Reinvestment, and Transition Assistance Act of 1992 (di22 vision D of Public Law 102–484; 10 U.S.C. 1162 note)

23 is amended—
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1 (1) by striking out ‘‘for 5 years’’ and inserting

2 in lieu thereof ‘‘for a period of years prescribed by

3 the Secretary concerned’’;

4 (2) by striking out ‘‘5-year’’; and

5 (3) by adding at the end the following: ‘‘A pe6 riod prescribed for purposes of this subsection may

7 not be less than one year nor more than five years.’’.

8 (b) COMPUTATION OF ANNUAL PAYMENT.—Sub9 section (e) of such section is amended by adding at the

10 end the following:

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

12 of age within one year after the date on which an annual

13 payment would otherwise be made to the member under

14 this section, the amount of the payment made on that date

15 shall be computed under this paragraph instead of para16 graph (1). The amount of such payment shall be equal

to 1 17 ⁄12 of the product of—

18 ‘‘(A) the amount computed for the member

19 under paragraph (1); and

‘‘(B) the number equal to 1 20 ⁄30 of the total num21 ber of days in the period beginning on such date and

22 ending on the day before the date of the member’s

23 60th birthday.’’.

24 (c) COORDINATION WITH RETIRED PAY.—Such sec25 tion is further amended by adding at the end the following:
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1 ‘‘(i) COORDINATION WITH RETIRED PAY.—Fifty per2 cent of the monthly amount of retired pay payable under

3 chapter 67 of this title to a member who receives one or

4 more annual payments under this section shall be de5 ducted and withheld from such monthly amount of retired

6 pay. The deductions shall be terminated when the total

7 amount so deducted and withheld equals the total amount

8 paid to the member under this section. The amount de9 ducted and withheld from the last monthly payment of re10 tired pay before termination of deductions may be less

11 than 50 percent of the monthly amount.’’.

12 SEC. 643. INCREASED ELIGIBILITY AND APPLICATION PERI13 ODS FOR TROOPS-TO-TEACHERS PROGRAM.

14 (a) PERIOD OF ELIGIBILITY.—Subsection (c) of sec15 tion 1151 of title 10, United States Code, is amended—

16 (1) in paragraph (1)(A), by striking out ‘‘seven17 year period beginning on October 1, 1992,’’ and in18 serting in lieu thereof ‘‘nine-year period beginning

19 on October 1, 1990,’’; and

20 (2) by striking out paragraph (4).

21 (b) APPLICATION PERIOD.—Subsection (e)(1) of

22 such section is amended by striking out ‘‘submitted’’ in

23 the first sentence and all that follows through the end of

24 the second sentence and inserting in lieu thereof ‘‘timely

25 submitted to the Secretary of Defense. An application is
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1 timely submitted if the application is submitted not later

2 than the latest date applicable to the applicant under this

3 paragraph. An application shall be submitted not later

4 than one year after the date of the discharge or release

5 of the applicant from active duty. In the case of an appli6 cant discharged or released from active duty before Janu7 ary 19, 1994, an application shall be submitted not later

8 than one year after the date of the enactment of the Na9 tional Defense Authorization Act for Fiscal Year 1995.

10 In the case of an applicant becoming educationally quali11 fied for teacher placement assistance in accordance with

12 subsection (c)(2), an application shall be submitted not

13 later than one year after the date on which the applicant

14 becomes educationally qualified.’’.

15 SEC. 644. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN

16 EMPLOYMENT WITH LAW ENFORCEMENT

17 AGENCIES.

18 (a) REVISED PROGRAM AUTHORITY.—Section 1152

19 of title 10, United States Code, is amended to read as

20 follows:

21 ‘‘§ 1152. Assistance to eligible members and former

22 members to obtain employment with law

23 enforcement agencies

24 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De25 fense may enter into an agreement with the Attorney Gen-
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1 eral to establish or participate in a program to assist eligi2 ble members and former members of the armed forces to

3 obtain employment as law enforcement officers with State

4 law enforcement agencies, local law enforcement agencies,

5 or Indian tribes that perform law enforcement functions

6 (as determined by the Secretary of the Interior) following

7 the discharge or release of such members or former mem8 bers from active duty.

9 ‘‘(b) ELIGIBLE MEMBERS.—Any member or former

10 member who, during the 6-year period beginning on Octo11 ber 1, 1993, is separated from the armed forces with an

12 honorable discharge or is released from service on active

13 duty characterized as honorable by the Secretary con14 cerned shall be eligible to participate in a program covered

15 by an agreement referred to in subsection (a).

16 ‘‘(c) SELECTION.—In the selection of applicants for

17 participation in a program covered by an agreement re18 ferred to in subsection (a), preference shall be given to

19 a member or former member who—

20 ‘‘(1) is selected for involuntary separation, is

21 approved for separation under section 1174a or

22 1175 of this title, or retires pursuant to the author23 ity provided in section 4403 of Public Law 102–484

24 (10 U.S.C. 1293 note); and
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1 ‘‘(2) has a military occupational specialty,

2 training, or experience related to law enforcement

3 (such as service as a member of the military police)

4 or satisfies such other criteria for selection as, in ac5 cordance with the agreement, the Secretary, the At6 torney General, or a participating State or local law

7 enforcement agency or participating Indian tribe

8 may prescribe.

9 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1)

10 The Secretary may provide funds to the Attorney General

11 for grants under this section to reimburse State law en12 forcement agencies, local law enforcement agencies, or In13 dian tribes that perform law enforcement functions (as de14 termined by the Secretary of the Interior) for costs, in15 cluding salary and fringe benefits, of employing members

16 or former members pursuant to a program referred to in

17 subsection (a).

18 ‘‘(2) No grant with respect to an eligible member or

19 former member may exceed a total of $50,000.

20 ‘‘(3) Any grant with respect to an eligible member

21 or former member shall be disbursed within 5 years after

22 the date of the placement of a member or former member

23 with a participating law enforcement agency or Indian

24 tribe.
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1 ‘‘(4) Preference in awarding grants through existing

2 law enforcement hiring programs shall be given to State

3 or local law enforcement agencies or Indian tribes that

4 agree to hire eligible members and former members.

5 ‘‘(e) ADMINISTRATIVE EXPENSES.—Ten percent of

6 the amount, if any, appropriated for a fiscal year to carry

7 out a program established pursuant to subsection (a) may

8 be used to administer the program.

9 ‘‘(f) REQUIREMENT FOR APPROPRIATION.—No mem10 ber or former member may be selected to participate in

11 the program established by this section unless a sufficient

12 amount of appropriated funds are available at the time

13 of the selection to satisfy the obligations to be incurred

14 by the United States under an agreement referred to in

15 subsection (a) that applies with respect to such member

16 or former member.’’.

17 (b) CLERICAL AMENDMENT.—The item relating to

18 such section in the table of sections at the beginning of

19 chapter 58 of title 10, United States Code, is amended

20 to read as follows:

‘‘1152. Assistance to eligible members and former members to obtain employment with law enforcement agencies.’’.
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1 SEC. 645. TREATMENT OF RETIRED AND RETAINER PAY OF

2 MEMBERS OF CADRE OF CIVILIAN COMMU3 NITY CORPS.

4 Section 159(c)(3) of the National and Community

5 Service Act of 1990 (42 U.S.C. 12619(c)(3)) is amended

6 by adding at the end the following: ‘‘In the case of a mem7 ber of the permanent cadre who was recommended for ap8 pointment in accordance with section 162(a)(2)(A) and is

9 entitled to retired or retainer pay, section 5532 of title

10 5, United States Code, shall not apply to reduce the mem11 ber’s retired or retainer pay by reason of the member

12 being paid as a member of the cadre.’’.

13 Subtitle F—Other Matters

14 SEC. 651. DISABILITY COVERAGE FOR OFFICER CAN15 DIDATES GRANTED EXCESS LEAVE.

16 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201

17 of title 10, United States Code, is amended—

18 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

19 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter20 mination’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(b) MEMBERS ON EXCESS LEAVE.—(1) Upon a de24 termination by the Secretary concerned that a member re25 ferred to in paragraph (2) is unfit to perform the duties

26 of the member’s office, grade, rank, or rating because of
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1 a physical disability incurred during a period described in

2 such paragraph, the Secretary may retire the member,

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

4 if the Secretary also makes the determinations described

5 in paragraphs (1), (2), and (3) of subsection (a) with re6 gard to such member.

7 ‘‘(2) Paragraph (1) applies to a member of the armed

8 forces who, during a period of authorized absence—

9 ‘‘(A) is participating in a program leading to

10 appointment, designation, or assignment in the

11 armed forces in an officer category; and

12 ‘‘(B) is not entitled to basic pay by reason of

13 the application of section 502(b) of title 37 to such

14 absence.’’.

15 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY

16 DISABILITY RETIRED LIST.—Section 1202 of such title

17 is amended—

18 (1) by striking out ‘‘or any other members’’ and

19 inserting in lieu thereof ‘‘any other members’’; and

20 (2) by inserting after ‘‘more than 30 days,’’ the

21 following: ‘‘or any member referred to in section

22 1201(b)(2) of this title’’.

23 (c) ELIGIBILITY FOR SEPARATION.—Section 1203 of

24 such title is amended—
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1 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

2 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter3 mination’’;

4 (2) by striking out the second sentence (relating

5 to transfer to inactive status); and

6 (3) by adding at the end the following new sub7 sections:

8 ‘‘(b) MEMBERS ON EXCESS LEAVE.—Upon a deter9 mination by the Secretary concerned that a member re10 ferred to in paragraph (2) of section 1201(b) of this title

11 is unfit to perform the duties of the member’s office,

12 grade, rank, or rating because of a physical disability in13 curred during a period described in such paragraph, the

14 Secretary may separate the member, with severance pay

15 computed under section 1212 of this title, if the Secretary

16 also makes the determinations described in paragraphs

17 (1), (2), (3), and (4) of subsection (a) with regard to such

18 member.

19 ‘‘(c) TRANSFER TO INACTIVE STATUS LIST.—If a

20 member authorized to be separated under subsection (a)

21 or (b) is eligible for transfer to the inactive status list

22 under section 1209 of this title, and so elects, the member

23 shall be transferred to that list instead of being sepa24 rated.’’.
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1 (d) CONFORMING AMENDMENTS.—(1) Chapter 61 of

2 title 10, United States Code, is amended—

3 (A) by striking out the heading of section 1201

4 and inserting in lieu thereof the following:

5 ‘‘§ 1201. Regulars, members on active duty for more

6 than 30 days, certain members on excess

7 leave: retirement’’;

8 (B) by striking out the heading of section 1202

9 and inserting in lieu thereof the following:

10 ‘‘§ 1202. Regulars, members on active duty for more

11 than 30 days, certain members on excess

12 leave: temporary disability retired list’’;

13 and

14 (C) by striking out the heading of section 1203

15 and inserting in lieu thereof the following:

16 ‘‘§ 1203. Regulars, members on active duty for more

17 than 30 days, certain members on excess

18 leave: separation’’.

19 (2) The table of sections at the beginning of such

20 chapter is amended by striking out the items relating to

21 sections 1201, 1202, and 1203 and inserting in lieu there22 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.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the date of the enactment

3 of this Act and apply with respect to physical disabilities

4 incurred on or after such date.

5 SEC. 652. USE OF MORALE, WELFARE, AND RECREATION

6 FACILITIES BY MEMBERS OF RESERVE COM7 PONENTS AND DEPENDENTS.

8 Section 1065 of title 10, United States Code, is

9 amended to read as follows:

10 ‘‘§ 1065. Use of certain morale, welfare, and recre11 ation facilities by members of reserve

12 components and dependents

13 ‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem14 bers of the Selected Reserve in good standing (as deter15 mined by the Secretary concerned) shall be permitted to

16 use MWR retail facilities on the same basis as members

17 on active duty.

18 ‘‘(b) RETIREES UNDER AGE 60.—Members of the re19 serve components who would be eligible for retired pay

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

21 member is under 60 years of age shall be permitted to

22 use MWR retail facilities on the same basis as retired

23 members and retired former members of the Regular

24 Army, Regular Navy, Regular Air Force, and Regular Ma25 rine Corps.
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1 ‘‘(c) MEMBERS OF READY RESERVE NOT IN SE2 LECTED RESERVE.—Subject to such regulations as the

3 Secretary of Defense may prescribe, members of the

4 Ready Reserve (other than members of the Selected Re5 serve) may be permitted to use MWR retail facilities on

6 the same basis as members serving on active duty.

7 ‘‘(d) DEPENDENTS.—(1) Dependents of members re8 ferred to in subsection (a) shall be permitted to use MWR

9 retail facilities on the same basis as dependents of mem10 bers on active duty.

11 ‘‘(2) Dependents of members referred to in sub12 section (b) shall be permitted to use MWR retail facilities

13 on the same basis as dependents of retired members and

14 retired former members of the Regular Army, Regular

15 Navy, Regular Air Force, and Regular Marine Corps.

16 ‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec17 tion, the term ‘MWR retail facilities’ means exchange

18 stores and other revenue generating facilities operated by

19 nonappropriated fund activities of the Department of De20 fense for the morale, welfare, and recreation of members

21 of the armed forces.’’.
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1 SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR

2 DEPARTMENT OF DEFENSE PERSONNEL OUT3 SIDE THE UNITED STATES.

4 (a) IN GENERAL.—Chapter 53 of Title 10, United

5 States Code, is amended by adding at the end the follow6 ing new section:

7 ‘‘§ 1060a. Special supplemental food program

8 ‘‘(a) AUTHORITY.—The Secretary of Defense may

9 carry out a program to provide special supplemental food

10 benefits to members of the armed forces on duty at sta11 tions outside the United States (and its territories and

12 possessions) and to eligible civilians serving with, em13 ployed by, or accompanying the armed forces outside the

14 United States (and its territories and possessions).

15 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

16 the purpose of obtaining Federal payments and commod17 ities in order to carry out the program referred to in sub18 section (a), the Secretary of Agriculture shall make avail19 able to the Secretary of Defense from funds appropriated

20 for such purpose, the same payments and commodities as

21 are made for the special supplemental food program in

22 the United States under section 17 of the Child Nutrition

23 Act of 1966 (42 U.S.C. 1786).

24 ‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec25 retary of Defense shall administer the program referred

26 to in subsection (a) and, except as provided in subpara-
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1 graph (B), shall determine eligibility for program benefits

2 under the criterion published by the Secretary of Agri3 culture under section 17 of the Child Nutrition Act of

4 1966 (42 U.S.C. 1786).

5 ‘‘(B) The Secretary of Defense shall prescribe regula6 tions governing computation of income eligibility stand7 ards for families of individuals participating in the pro8 gram under this section.

9 ‘‘(2) The program benefits provided under the pro10 gram shall be similar to benefits provided by State and

11 local agencies in the United States.

12 ‘‘(d) DEPARTURE FROM STANDARDS.—The Sec13 retary of Defense may authorize departures from stand14 ards prescribed by the Secretary of Agriculture regarding

15 the supplemental foods to be made available in the pro16 gram when local conditions preclude strict compliance or

17 when such compliance is highly impracticable.

18 ‘‘(e) REGULATIONS.—The Secretary of Defense shall

19 prescribe regulations to administer the program author20 ized by this section.

21 ‘‘(f) DEFINITIONS.—In this section:

22 ‘‘(1) The term ‘eligible civilian’ means—

23 ‘‘(A) a dependent of a member of the

24 armed forces residing with the member outside

25 the United States;
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1 ‘‘(B) an employee of a military department

2 who is a national of the United States and is

3 residing outside the United States in connection

4 with such individual’s employment or a depend5 ent of such individual residing with the em6 ployee outside the United States; or

7 ‘‘(C) an employee of a Department of De8 fense contractor who is a national of the United

9 States and is residing outside the United States

10 in connection with such individual’s employment

11 or a dependent of such individual residing with

12 the employee outside the United States.

13 ‘‘(2) The term ‘national of the United States’

14 means—

15 ‘‘(A) a citizen of the United States; or

16 ‘‘(B) a person who, though not a citizen of

17 the United States, owes permanent allegiance to

18 the United States (as defined in section

19 101(a)(22) of the Immigration and Nationality

20 Act (8 U.S.C. 1101(a)(22))).

21 ‘‘(3) The term ‘dependent’ has the meaning

22 given such term in subparagraph (A), (D), (E), and

23 (I) of section 1072(2) of this title.’’.

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

25 at the beginning of chapter 53 of title 10, United States
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1 Code, is amended by adding at the end the following new

2 item:

‘‘1060a. Special supplemental food program.’’.

3 SEC. 654. REIMBURSEMENT FOR CERTAIN LOSSES OF

4 HOUSEHOLD EFFECTS CAUSED BY HOSTILE

5 ACTION.

6 (a) AUTHORITY TO REIMBURSE.—Chapter 163 of

7 title 10, United States Code, is amended by adding at the

8 end the following new section:

9 ‘‘§ 2738. Reimbursement for certain losses of house10 hold effects caused by hostile action

11 ‘‘(a) AUTHORITY TO REIMBURSE.—The Secretary

12 concerned or, subject to appeal to the Secretary, the Judge

13 Advocate General of an armed force under the Secretary’s

14 jurisdiction, or the Chief Counsel of the Coast Guard, as

15 appropriate, if designated by the Secretary, may reim16 burse a member of the armed forces in an amount not

17 more than $100,000 for a loss described in subsection (b).

18 ‘‘(b) COVERED LOSSES.—This section applies with

19 respect to a loss of household effects sustained during a

20 move made incident to a change of permanent station

21 when, as determined by the Secretary, the loss was caused

22 by a hostile action incident to war or a warlike action by

23 a military force.

24 ‘‘(c) LIMITATION.—The Secretary may provide reim25 bursement under this section for a loss described in sub-
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1 section (b) only to the extent that the loss is not reim2 bursed under insurance or under the authority of another

3 provision of law.

4 ‘‘(d) APPLICABILITY OF OTHER AUTHORITIES AND

5 REQUIREMENTS.—Subsections (b), (d), (e), (f), and (g)

6 of section 2733 of this title shall apply to a request for

7 a reimbursement under this section as if the request were

8 a claim against the United States.’’.

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

10 at the beginning of such chapter is amended by adding

11 at the end the following:

‘‘2738. Reimbursement for certain losses of household effects caused by hostile

action.’’.

12 (c) EFFECTIVE DATE.—(1) Section 2738 of title 10,

13 United States Code, as added by subsection (a), applies

14 with respect to losses incurred after June 30, 1990.

15 (2) In the case of a loss incurred after June 30, 1990,

16 and before the date of the enactment of this Act, a request

17 for reimbursement shall be filed with the Secretary of the

18 military department concerned not later than two years

19 after such date of enactment.

20 SEC. 655. PAYMENT FOR TRANSIENT HOUSING FOR RE21 SERVES PERFORMING CERTAIN TRAINING

22 DUTY.

23 Section 404 of title 37, United States Code, is

24 amended—
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1 (1) by redesignating subsection (j) as sub2 section (k); and

3 (2) by inserting after subsection (i) the follow4 ing new subsection (j):

5 ‘‘(j)(1) In the case of a member of a reserve compo6 nent performing annual training duty or inactive-duty

7 training who is not otherwise entitled to travel and trans8 portation allowances in connection with such duty under

9 subsection (a) of this section, the Secretary concerned may

10 reimburse the member for housing service charge expenses

11 incurred by the member in occupying transient govern12 ment housing during the performance of such duty.

13 ‘‘(2) Any payment or other benefit under this section

14 shall be provided in accordance with regulations prescribed

15 by the Secretaries concerned.

16 ‘‘(3) The Secretary may pay service charge expenses

17 under paragraph (1) out of funds appropriated for oper18 ation and maintenance for the reserve component con19 cerned.’’.

20 SEC. 656. STUDY OF OFFSET OF DISABILITY COMPENSA21 TION BY RECEIPT OF SEPARATION BENEFITS

22 AND INCENTIVES.

23 (a) STUDY.—(1) The Comptroller General shall carry

24 out a study of the offset of the amount of disability com25 pensation from the Department of Veterans Affairs that
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1 is received by an individual separated from the Armed

2 Forces by the amount of any of the following benefits:

3 (A) Separation pay under section 1174 of title

4 10, United States Code.

5 (B) A special separation benefit under a special

6 separation benefits program carried out under sec7 tion 1174a(a) of such title.

8 (C) A voluntary separation incentive under sec9 tion 1175 of such title.

10 (2) In carrying out the study, the Comptroller Gen11 eral shall—

12 (A) determine the purposes for the availability

13 of the benefits referred to paragraph (1);

14 (B) determine the justifications for the offset

15 referred to in that paragraph;

16 (C) assess the effect of the offset by—

17 (i) determining the number of members of

18 the Armed Forces who will separate from the

19 Armed Forces during the period beginning on

20 the date of the enactment of this Act and end21 ing on September 30, 1999;

22 (ii) determining the number of such mem23 bers who will be provided a benefit referred to

24 in that paragraph, and the average amount of

25 the benefit to be provided;
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1 (iii) determining the number of such mem2 bers who will be entitled to disability compensa3 tion from the Department of Veterans Affairs,

4 and the average monthly amount of the com5 pensation to which the members will be entitled;

6 and

7 (iv) evaluating the extent, if any, to which

8 the offset affects the capacity of members who

9 are separated from the Armed Forces to meet

10 financial obligations (including obligations relat11 ing to housing and medical care) of such mem12 bers that arise as a result of the service of the

13 members in the Armed Forces or the separation

14 of such members from that service;

15 (D) determine the extent, if any, to which the

16 offset of disability compensation by the amount of a

17 benefit referred to in subparagraph (B) or (C) of

18 paragraph (1) reduces the effectiveness of the bene19 fits in meeting the purposes determined under sub20 paragraph (A) of this paragraph; and

21 (E) determine the cost of the repeal of the off22 set.

23 (b) REPORT.—(1) The Comptroller General shall

24 submit to the Committees on Armed Services and the

25 Committees on Veterans’ Affairs of the Senate and the
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1 House of Representatives a report on the results of the

2 study required under subsection (a). The report shall in3 clude the recommendations of the Comptroller General on

4 improvements to the provision of the benefits referred to

5 in subsection (a)(1).

6 (2) The Comptroller General shall submit the report

7 not later than 180 days after the date of the enactment

8 of this Act.

9 TITLE VII—HEALTH CARE

10 PROVISIONS

11 SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO IN12 CLUDE YOUNG PEOPLE BEING ADOPTED BY

13 MEMBERS OR FORMER MEMBERS.

14 (a) ELIGIBILITY FOR HEALTH BENEFITS.—Section

15 1072 of title 10, United States Code, is amended—

16 (1) in paragraph (2)(D), by striking out the

17 matter above clause (i) and inserting in lieu thereof

18 the following:

19 ‘‘(D) a child who—’’; and

20 (2) by adding at the end the following new

21 paragraph:

22 ‘‘(6) The term ‘child’, with respect to a member

23 or former member of a uniformed service, means the

24 following:

25 ‘‘(A) An unmarried natural child.
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1 ‘‘(B) An unmarried adopted child.

2 ‘‘(C) An unmarried stepchild.

3 ‘‘(D) An unmarried person—

4 ‘‘(i) who is placed in the home of the

5 member or former member by a placement

6 agency (recognized by the Secretary of De7 fense) in anticipation of the legal adoption

8 of the person by the member or former

9 member; and

10 ‘‘(ii) who otherwise meets the require11 ments specified in paragraph (2)(D).’’.

12 (b) CONFORMING AMENDMENT.—Section

13 401(b)(1)(B) of title 37, United States Code, is amended

14 by striking out ‘‘placement agency for the purpose of

15 adoption’’ and inserting in lieu thereof ‘‘placement agency

16 (recognized by the Secretary of Defense) in anticipation

17 of the legal adoption of the child by the member’’.

18 SEC. 702. AVAILABILITY OF DEPENDENTS’ DENTAL PRO19 GRAM OUTSIDE THE UNITED STATES.

20 Section 1076a of title 10, United States Code, is

21 amended—

22 (1) by redesignating subsection (g) as sub23 section (h); and

24 (2) by inserting after subsection (f) the follow25 ing new subsection (g):
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1 ‘‘(g) CARE OUTSIDE THE UNITED STATES.—The

2 Secretary shall exercise the authority provided under sub3 section (a) to establish basic dental benefits plans for pro4 viding dental benefits outside the United States for

5 spouses and children of members of the uniformed services

6 accompanying the members on permanent assignments to

7 duty outside the United States.’’.

8 SEC. 703. CONDITIONS UNDER WHICH MEDICAL AND DEN9 TAL CARE OF ABUSED DEPENDENTS IS AU10 THORIZED.

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

12 Code, is amended to read as follows:

13 ‘‘(A) a member of a uniformed service is con14 victed by a court-martial or a civil court for an of15 fense involving abuse of a dependent of the member,

16 as determined in accordance with regulations pre17 scribed by the administering Secretary for such uni18 formed service, and—

19 ‘‘(i) in the case of a court-martial convic20 tion, the member receives a dishonorable or

21 bad-conduct discharge or is dismissed or admin22 istratively discharged from a uniformed service

23 as a result of the conviction; or

24 ‘‘(ii) in the case of a civil court conviction,

25 the member is administratively discharged from
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1 a uniformed service as a result of the convic2 tion; and’’.

3 SEC. 704. COORDINATION OF BENEFITS WITH MEDICARE.

4 Section 1086(d) of title 10, United States Code, is

5 amended by striking out paragraph (3) and inserting in

6 lieu thereof the following:

7 ‘‘(3)(A) Subject to subparagraph (B), if a person de8 scribed in paragraph (2) receives medical or dental care

9 for which payment may be made under medicare and a

10 plan contracted for under subsection (a), the amount pay11 able for that care under the plan shall be the amount equal

12 to the excess of the total amount of the charges imposed

13 by the provider or providers of such care over the sum

14 of—

15 ‘‘(i) the amount paid for that care under medi16 care; and

17 ‘‘(ii) the total of all amounts paid or payable by

18 third party payers other than medicare.

19 ‘‘(B) The amount payable for care under a plan pur20 suant to subparagraph (A) may not exceed the total

21 amount that would be paid under the plan if payment for

22 that care were made solely under the plan.

23 ‘‘(C) In this paragraph:

24 ‘‘(i) The term ‘medicare’ means title XVIII of

25 the Social Security Act (42 U.S.C. 1395 et seq.).
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1 ‘‘(ii) The term ‘third party payer’ has the

2 meaning given such term in section 1095(h)(1) of

3 this title.’’.

4 SEC. 705. AUTHORITY FOR REIMBURSEMENT OF PROFES5 SIONAL LICENSE FEES UNDER RESOURCE

6 SHARING AGREEMENTS.

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

8 amended by adding at the end the following:

9 ‘‘(d) REIMBURSEMENT FOR LICENSE FEES.—In any

10 case in which it is necessary for a member of the uni11 formed services to pay a professional license fee imposed

12 by a government in order to provide health care services

13 at a facility of a civilian health care provider pursuant to

14 an agreement entered into under subsection (a), the Sec15 retary of Defense may reimburse the member for up to

16 $500 of the amount of the license fee paid by the mem17 ber.’’.

18 SEC. 706. CHIROPRACTIC HEALTH CARE DEMONSTRATION

19 PROGRAM.

20 (a) REQUIREMENT FOR PROGRAM.—(1) Not later

21 than 120 days after the date of enactment of this Act,

22 the Secretary of Defense, in consultation with the sec23 retaries of the military departments, shall develop and

24 carry out a demonstration program to evaluate the fea-
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1 sibility and advisability of furnishing chiropractic care

2 through the medical care facilities of the Armed Forces.

3 (2) In carrying out the program, the Secretary of De4 fense shall—

5 (A) subject to paragraph (3), designate not less

6 than 10 major military medical treatment facilities

7 of the Department of Defense to furnish chiropractic

8 care under the program; and

9 (B) enter into agreements with such number of

10 chiropractors as the Secretary determines sufficient

11 for the purposes of the program to furnish chiro12 practic care at such facilities under the program.

13 (3) The Secretary may not designate under para14 graph (2) any treatment facility that is located on a mili15 tary installation scheduled for closure or realignment

16 under a base closure law.

17 (b) PROGRAM PERIOD.—The Secretary shall carry

18 out the demonstration program in fiscal years 1995

19 through 1997.

20 (c) REPORTING REQUIREMENTS.—(1) Not later than

21 January 30, 1995, the Secretary of Defense shall submit

22 to the Committees on Armed Services of the Senate and

23 the House of Representatives a report on the demonstra24 tion program. The report shall—
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1 (A) identify the treatment facilities designated

2 pursuant to subsection (a)(2)(A); and

3 (B) include a discussion of the plan for the con4 duct of the program.

5 (2) Not later than May 1, 1995, the Secretary of De6 fense shall submit to the committees referred to in para7 graph (1) a plan for evaluating the program, including a

8 schedule for conducting progress reviews and for submit9 ting a final report to the committees.

10 (3) The Secretary shall submit to the committees re11 ferred to in paragraph (1) a final report in accordance

12 with the plan submitted to such committees pursuant to

13 paragraph (2).

14 (d) OVERSIGHT ADVISORY COMMITTEE.—(1)(A) Not

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

16 Act, the Secretary of Defense shall establish an oversight

17 advisory committee to assist and advise the Secretary with

18 regard to the development and conduct of the demonstra19 tion program.

20 (B) The oversight advisory committee shall include

21 the following members:

22 (i) The Comptroller General of the United

23 States, or a designee from within the General Ac24 counting Office.
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1 (ii) The Assistant Secretary of Defense for

2 Health Affairs, or a designee.

3 (iii) The Surgeon General of the Army, or a

4 designee.

5 (iv) The Surgeon General of the Navy, or a des6 ignee.

7 (v) The Surgeon General of the Air Force, or

8 a designee.

9 (vi) Not fewer than four independent represent10 atives of the chiropractic health care profession, ap11 pointed by the Secretary of Defense.

12 (2) The oversight advisory committee shall assist the

13 Secretary of Defense regarding—

14 (A) issues involving the professional credentials

15 of the chiropractors participating in the program;

16 (B) the granting of professional practice privi17 leges for the chiropractors at the treatment facilities

18 participating in the program;

19 (C) the preparation of the reports required

20 under subsection (c); and

21 (D) the evaluation of the program.

22 (e) DEFINITION.—For purposes of this section, the

23 term ‘‘base closure law’’ means each of the following:
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1 (1) The Defense Base Closure and Realignment

2 Act of 1990 (part A of title XXIX of Public Law

3 101–510; 10 U.S.C. 2687 note).

4 (2) Title II of the Defense Authorization

5 Amendments and Base Closure and Realignment

6 Act (Public Law 100–526; 10 U.S.C. 2687 note).

7 (3) Section 2687 of title 10, United States

8 Code.

9 SEC. 707. IMPLEMENTATION OF ANNUAL HEALTH CARE

10 SURVEY REQUIREMENT.

11 Section 724 of the National Defense Authorization

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

13 2440; 10 U.S.C. 1071 note) is amended—

14 (1) by redesignating subsection (b) as sub15 section (c); and

16 (2) by inserting after subsection (a) the follow17 ing new subsection (b):

18 ‘‘(b) EXEMPTION.—An annual survey under sub19 section (a) shall be treated as not a collection of informa20 tion for the purposes for which such term is defined in

21 section 3502(4) of title 44.’’.
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1 SEC. 708. STUDY AND REPORT ON FINANCIAL RELIEF FOR

2 CERTAIN MEDICARE-ELIGIBLE MILITARY RE3 TIREES WHO INCUR MEDICARE LATE EN4 ROLLMENT PENALTIES.

5 (a) STUDY.—The Secretary of Defense, in consulta6 tion with the Secretary of Health and Human Services,

7 shall conduct a study regarding possible financial relief

8 from late enrollment penalties for military retirees and de9 pendents of such retirees who reside within the service

10 area of a base closure site and who have failed to timely

11 enroll in medicare part B due to reliance upon the military

12 treatment facility located at such site.

13 (b) REPORT.—Not later than March 31, 1995, the

14 Secretary of Defense shall report to Congress the results

15 of the study under paragraph (1). Such report shall also—

16 (1) identify by base closure site the number of

17 military retirees within a 65 mile catchment area

18 who have failed to enroll in medicare part B and are

19 subjected to late enrollment penalties;

20 (2) determine the estimated aggregate amount

21 of the penalties by base closure site;

22 (3) describe the characteristics of the popu23 lation that are subject to the penalties, such as age

24 and income level;

25 (4) address the appropriateness of waiving such

26 penalties;
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1 (5) identify the Department of Defense funds

2 that should be used to pay the penalties if waiving

3 such penalties is not recommended;

4 (6) outline a program for a special medicare

5 part B enrollment period for affected retirees living

6 near bases already closed and bases which are des7 ignated for closure in the future; and

8 (7) include legislative recommendations for im9 plementing a program which removes the financial

10 burden from the medicare-eligible beneficiaries who

11 have been or will be adversely impacted by base-clo12 sure actions.

13 (c) DEFINITIONS.—For purposes of this section:

14 (1) The term ‘‘base closure’’ means a base clo15 sure under a base closure law (within the meaning

16 given such term in section 2825(d) of the National

17 Defense Authorization Act for Fiscal Years 1992

18 and 1993 (10 U.S.C. 2687 note)).

19 (2) The term ‘‘medicare part B’’ means the

20 public health insurance program under part B of

21 title XVIII of the Social Security Act.

22 (3) The term ‘‘military treatment facility’’

23 means a facility of a uniformed service referred to

24 in section 1074(a) of title 10, United States Code,

25 in which health care is provided.
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1 SEC. 709. ELIGIBILITY FOR PARTICIPATION IN DEM2 ONSTRATION PROGRAMS FOR SALE OF PHAR3 MACEUTICALS.

4 Subparagraph (B) of section 702(c)(2) of the Na5 tional Defense Authorization Act for Fiscal Year 1993 (10

6 U.S.C. 1079 note) is amended to read as follows:

7 ‘‘(B) either—

8 ‘‘(i) resides in an area that is ad9 versely affected (as determined by the Sec10 retary) by the closure of a health care fa11 cility of the uniformed services as a result

12 of the closure or realignment of the mili13 tary installation at which such facility is

14 located; or

15 ‘‘(ii) can demonstrate to the satisfac16 tion of the Secretary that the person ob17 tained pharmaceuticals at a health care fa18 cility referred to in clause (i) before the

19 closure of the facility.’’.

20 SEC. 710. COST ANALYSIS OF TIDEWATER TRICARE DELIV21 ERY OF PEDIATRIC HEALTH CARE TO MILI22 TARY FAMILIES.

23 (a) COST ANALYSIS REQUIRED.—Not later than July

24 1, 1995, the Assistant Secretary of Defense (Health Af25 fairs) shall determine the amount of the expenditures

26 made by the Department of Defense for pediatric care for
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1 each of fiscal years 1992, 1993, and 1994 under the pro2 gram for delivery of health care services in the Tidewater

3 region of Virginia carried out pursuant to section 712(b)

4 of Public Law 102–190 (105 Stat. 1402). The Assistant

5 Secretary shall determine the total amount of such ex6 penditures and the amount of such expenditures for each

7 case.

8 (b) USE OF ANALYSIS.—In establishing any managed

9 care system involving the furnishing of pediatric care by

10 the Department of Defense (including the furnishing of

11 pediatric care under the Civilian Health and Medical Pro12 gram of the Uniformed Services), the Assistant Secretary

13 shall consider the amounts determined under subsection

14 (a) in determining the appropriate standards, limitations,

15 and requirements to apply to the cost of pediatric care

16 under the system.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 Subtitle A—Use of Merit Based

6 Selection Procedures

7 SEC. 801. POLICY FOR MERIT BASED AWARD OF CON8 TRACTS AND GRANTS.

9 (a) POLICY.—Section 2301 of title 10, United States

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

11 subsection:

12 ‘‘(e)(1) It is the policy of Congress that the Depart13 ment of Defense should not be required by legislation to

14 award a new contract or grant to a specific non-Federal

15 Government entity. It is further the policy of Congress

16 that any program, project, or technology identified in leg17 islation be procured through merit-based selection proce18 dures.

19 ‘‘(2) A provision of law may not be construed as re20 quiring the Department of Defense to award a new con21 tract or grant to a specific non-Federal Government entity

22 unless that provision of law—

23 ‘‘(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 SEC. 816. TREATMENT UNDER SUBCONTRACTING PLANS

7 OF PURCHASES FROM QUALIFIED NON8 PROFIT AGENCIES FOR THE BLIND OR SE9 VERELY DISABLED.

10 (a) REVISION AND EXTENSION OF AUTHORITY.—

11 Section 2410d of title 10, United States Code, relating

12 to credit under small business subcontracting plans for

13 certain purchases, is amended—

14 (1) in subsection (b)—

15 (A) in paragraph (2)—

16 (i) by striking out ‘‘and’’ at the end of

17 subparagraph (A);

18 (ii) by striking out the period at the

19 end of subparagraph (B) and inserting in

20 lieu thereof ‘‘; and’’; and

21 (iii) by adding at the end the follow22 ing new subparagraph:

23 ‘‘(C) a central nonprofit agency designated

24 by the Committee for Purchase from People
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1 Who Are Blind or Severely Disabled under sec2 tion 2(c) of such Act (41 U.S.C. 47(c).’’;

3 (B) by striking out paragraph (3); and

4 (C) by redesignating paragraph (4) as

5 paragraph (3); and

6 (2) in subsection (c), by striking out ‘‘Septem7 ber 30, 1994’’ and inserting in lieu thereof ‘‘Septem8 ber 30, 1997’’.

9 (b) CONFORMING AMENDMENT.—Section 2301(d) of

10 such title is amended by striking out ‘‘approved commod11 ities and services (as defined in such section)’’ and insert12 ing in lieu thereof ‘‘commodities and services’’.

13 Subtitle C—Other Matters

14 SEC. 821. USE OF CERTAIN FUNDS PENDING SUBMISSION

15 OF A NATIONAL TECHNOLOGY AND INDUS16 TRIAL BASE PERIODIC DEFENSE CAPABILITY

17 ASSESSMENT AND A PERIODIC DEFENSE CA18 PABILITY PLAN.

19 (a) LIMITATION.—None of the funds authorized to

20 be appropriated by this Act that are made available for

21 program element 65104D activities may be expended until

22 the Secretary of Defense submits to Congress—

23 (1) a national technology and industrial base

24 periodic defense capability assessment required by

25 section 2505 of title 10, United States Code; and
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1 (2) and a periodic defense capability plan re2 quired by section 2506 of such title.

3 (b) PROGRAM ELEMENT 65104D ACTIVITIES DE4 FINED.—For purposes of this section, the program ele5 ment 65104D activities referred to in subsection (a) are

6 the activities described as program element 65104D in the

7 materials submitted to Congress by the Secretary of De8 fense in support of the budget for fiscal year 1995 that

9 was submitted to Congress pursuant to section 1105(a)

10 of title 31, United States Code.

11 SEC. 822. DELEGATION OF INDUSTRIAL MOBILIZATION AU12 THORITY.

13 Section 2538 of title 10, United States Code, is

14 amended—

15 (1) by striking out ‘‘through the Secretary of

16 Defense’’ each place it appears in subsections (a),

17 (c), and (d) and inserting in lieu thereof ‘‘through

18 the head of any department’’; and

19 (2) in subsection (c)—

20 (A) by striking out ‘‘in the opinion of the

21 Secretary of Defense’’ in the matter above

22 paragraph (1) and inserting in lieu thereof ‘‘in

23 the opinion of the head of any department’’;

24 and
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1 (B) by striking out ‘‘Secretary’’ each place

2 it appears in paragraphs (2) and (3) and insert3 ing in lieu thereof ‘‘head of the department’’.

4 SEC. 823. PERMANENT AUTHORITY FOR THE DEPARTMENT

5 OF DEFENSE TO SHARE EQUITABLY THE

6 COSTS OF CLAIMS UNDER INTERNATIONAL

7 ARMAMENTS COOPERATIVE PROGRAMS.

8 Subsection (c) of section 843 of the National Defense

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

10 484; 106 Stat. 2469; 10 U.S.C. 2350a note) is repealed.

11 SEC. 824. DETERMINATIONS OF PUBLIC INTEREST UNDER

12 THE BUY AMERICAN ACT.

13 (a) CONSIDERATIONS.—Section 2533 of title 10,

14 United States Code, is amended—

15 (1) by striking out subsections (a) and (b) and

16 inserting in lieu thereof the following:

17 ‘‘(a) In determining under section 2 of title III of

18 the Act of March 3, 1993 (41 U.S.C. 10a), popularly

19 known as the ‘Buy American Act’, whether application of

20 title III of such Act is inconsistent with the public interest,

21 the Secretary of Defense shall consider the following:

22 ‘‘(1) The bids or proposals of small business

23 firms in the United States which have offered to fur24 nish American goods.
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1 ‘‘(2) The bids or proposals of all other firms in

2 the United States which have offered to furnish

3 American goods.

4 ‘‘(3) The United States balance of payments.

5 ‘‘(4) The cost of shipping goods which are other

6 than American goods.

7 ‘‘(5) Any duty, tariff, or surcharge which may

8 enter into the cost of using goods which are other

9 than American goods.

10 ‘‘(6) Any need to coordinate acquisition activi11 ties of the Department of Defense with obligations

12 contained in international agreements and with the

13 acquisition activities of major United States allies.

14 ‘‘(7) A need to ensure that the Department of

15 Defense has access to advanced state-of-the-art com16 mercial technology.

17 ‘‘(8) A need to protect the national technology

18 and industrial base and to provide for a defense mo19 bilization base.

20 ‘‘(9) A need to ensure that application of dif21 ferent rules of origin for United States end items

22 and foreign end items does not result in an award

23 to a firm other than a firm providing a product pro24 duced in the United States.

25 ‘‘(10) Any need—
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1 ‘‘(A) to maintain the same source of sup2 ply for spare and replacement parts for an end

3 item that qualifies as an American good; or

4 ‘‘(B) to maintain the same source of sup5 ply for spare and replacement parts in order

6 not to impair integration of the military and

7 commercial industrial base.

8 ‘‘(11) The national security interests of the

9 United States.’’; and

10 (2) by redesignating subsection (c) as sub11 section (b).

12 (b) CONFORMING AND CLERICAL AMENDMENTS.—

13 (1) The heading of section 2533 of such title is amended

14 to read as follows:

15 ‘‘§ 2533. Determinations of public interest under the

16 Buy American Act’’.

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

18 sections at the beginning of subchapter V of chapter 148

19 of such title is amended to read as follows:

‘‘2533. Determinations of public interest under the Buy American Act.’’.

20 SEC. 825. DOCUMENTATION FOR AWARDS FOR COOPERA21 TIVE AGREEMENTS OR OTHER TRANS22 ACTIONS UNDER THE DEFENSE TECH23 NOLOGY REINVESTMENT PROGRAM.

24 At the time of the award for a cooperative agreement

25 or other transaction under a program carried out under
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1 chapter 148 of title 10, United States Code, the head of

2 the agency concerned shall include in the file pertaining

3 to such agreement or transaction a brief explanation of

4 the manner in which the award advances and enhances

5 a particular national security objective set forth in section

6 2501(a) of such title or a particular policy objective set

7 forth in section 2501(b) of such title.

8 SEC. 826. COMPTROLLER GENERAL ASSESSMENT OF EX9 TENT TO WHICH TECHNOLOGY AND INDUS10 TRIAL BASE PROGRAMS ATTAIN POLICY OB11 JECTIVES.

12 Not later than 180 days after the date of the enact13 ment of this Act, the Comptroller General of the United

14 States shall submit to Congress an assessment of the ex15 tent to which awards for cooperative agreements and other

16 transactions under programs carried out under chapter

17 148 of title 10, United States Code, have been made spe18 cifically to advance and enhance a particular national se19 curity objective set forth in section 2501(a) of such title

20 or to achieve a particular policy objective set forth in sec21 tion 2501(b) of such title.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Secretarial Matters

5 SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DE6 FENSE.

7 (a) ESTABLISHMENT OF POSITION.—Section 138(a)

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

9 out ‘‘ten’’ and inserting in lieu thereof ‘‘eleven’’.

10 (b) EXECUTIVE LEVEL IV.—Section 5315 of title 5,

11 United States Code, is amended by striking out ‘‘Assistant

12 Secretaries of Defense (10).’’ and inserting in lieu thereof

13 the following:

14 ‘‘Assistant Secretaries of Defense (11).’’.

15 SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE

16 MILITARY DEPARTMENTS.

17 (a) ARMY.—Section 3017 of title 10, United States

18 Code, is amended—

19 (1) by redesignating paragraph (3) as para20 graph (4); and

21 (2) by inserting after paragraph (2) the follow22 ing new paragraph (3):

23 ‘‘(3) The General Counsel of the Department of

24 the Army.’’.

25 (b) NAVY.—Section 5017 of such title is amended—
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1 (1) by redesignating paragraphs (3) and (4) as

2 paragraphs (5) and (6), respectively; 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 Navy.’’.

7 (c) AIR FORCE.—Section 8017 of such title is amend8 ed—

9 (1) by redesignating paragraph (3) as para10 graph (4); and

11 (2) by inserting after paragraph (2) the follow12 ing new paragraph (3):

13 ‘‘(3) The General Counsel of the Department of

14 the Air Force.’’.

15 Subtitle B—Commission on Roles

16 and Missions of the Armed Forces

17 SEC. 911. REVIEW OF RESERVE COMPONENTS.

18 Section 953(d) of the National Defense Authorization

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

20 1739) is amended—

21 (1) in subsection (d)—

22 (A) by striking out ‘‘and’’ at the end of

23 paragraph (7);
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1 (B) by striking out the period at the end

2 of paragraph (8) and inserting in lieu thereof ‘‘;

3 and’’; and

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

5 paragraph:

6 ‘‘(9) the role of the National Guard and the

7 other reserve components.’’;

8 (2) in subsection (e)(3), by inserting after ‘‘De9 partment of Defense’’ the following: ‘‘, including the

10 National Guard and the other reserve components’’;

11 and

12 (3) by adding at the end the following new sub13 section:

14 ‘‘(h) RECOMMENDATIONS CONCERNING RESERVE

15 COMPONENTS.—The Commission shall address the roles,

16 missions, and functions of the reserve components within

17 the total force of the armed forces, particularly in light

18 of lower budgetary resources that will be available to the

19 Department of Defense in the future. The Commission

20 should employ or consult private citizens with extensive

21 experience in matters concerning the National Guard and

22 other reserve components.’’.
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1 SEC. 912. SUPPORT BY FEDERALLY FUNDED RESEARCH

2 AND DEVELOPMENT CENTERS.

3 Section 957 of the National Defense Authorization

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

5 1741; 10 U.S.C. 111 note) is amended—

6 (1) by adding at the end the following new sub7 section:

8 ‘‘(f) SUPPORT FROM FEDERALLY FUNDED RE9 SEARCH AND DEVELOPMENT CENTERS.—Upon the re10 quest of the chairman of the Commission, the Secretary

11 of Defense shall make available to the Commission, with12 out reimbursement, the services of one or more federally

13 funded research and development centers covered by spon14 soring agreements of the Department of Defense. The cost

15 of the services made available pursuant to this subsection

16 may not exceed $20,000,000.’’; and

17 (2) by striking out the section heading and in18 serting in lieu thereof the following:

19 ‘‘SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.’’.

20 SEC. 913. REVISION IN COMPOSITION OF COMMISSION.

21 (a) REVISION.—Section 952(b) of the National De22 fense Authorization Act for Fiscal Year 1994 (Public Law

23 103–160; 10 U.S.C. 111 note; 107 Stat. 1738) is amend24 ed—
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1 (1) in the first sentence of paragraph (1), by

2 striking out ‘‘seven’’ and inserting in lieu thereof

3 ‘‘eight’’; and

4 (2) in paragraph (2)—

5 (A) by inserting ‘‘(A)’’ before ‘‘The Com6 mission’’; and

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

8 subparagraph:

9 ‘‘(B) The additional member of the Commission ap10 pointed under this paragraph after the date of the enact11 ment of the National Defense Authorization Act for Fiscal

12 Year 1995 shall have previous military experience and

13 management experience with the reserve components.’’.

14 (b) APPOINTMENT.—The Secretary of Defense shall

15 make the appointment required as a result of the amend16 ments made by subsection (a) not later than 15 days after

17 the date of the enactment of this Act.

18 Subtitle C—Other Matters

19 SEC. 921. COMPOSITION OF RESERVE FORCES POLICY

20 BOARD.

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

22 amended—

23 (1) in paragraph (4), by striking out ‘‘or Regu24 lar Marine Corps’’ and inserting in lieu thereof ‘‘and

25 an officer of the Regular Marine Corps each’’;
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1 (2) by striking out ‘‘and’’ at the end of para2 graph (8);

3 (3) by striking out the period at the end of

4 paragraph (9) and inserting in lieu thereof ‘‘; and’’;

5 and

6 (4) by adding at the end the following:

7 ‘‘(10) an officer of the Regular Army, Regular

8 Navy, Regular Air Force, or Regular Marine Corps

9 serving in a position on the Joint Staff who is des10 ignated by the Chairman of the Joint Chiefs of

11 Staff.’’.

12 SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNI13 VERSITY OF THE HEALTH SCIENCES.

14 (a) CLOSURE PROHIBITED.—The Uniformed Serv15 ices University of the Health Sciences may not be closed.

16 (b) BUDGETARY COMMITMENT TO CONTINUATION.—

17 It is the sense of Congress that the Secretary of Defense

18 should budget for the ongoing operation of the Uniformed

19 Services University of the Health Sciences as an institu20 tion of professional education that is vital to the education

21 and training each year of significant numbers of personnel

22 of the uniformed services for careers as uniformed services

23 health care providers.

24 (c) EVALUATION OF THE UNIFORMED SERVICES

25 UNIVERSITY OF THE HEALTH SCIENCES.—
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1 (1) GAO REPORT.—By June 1, 1995, the

2 Comptroller General of the United States shall sub3 mit to the appropriate Committees of the Congress

4 a detailed report that—

5 (A) compares the cost of obtaining physi6 cians from the Uniformed Services University

7 of the Health Sciences with other sources of

8 military physicians;

9 (B) assesses the retention rate needs of the

10 military for physicians in relation to the respec11 tive retention rates of Uniformed Services Uni12 versity of the Health Sciences physicians and

13 physicians obtained from other sources and the

14 factors which contribute to retention rates

15 among military physicians obtained from all

16 sources;

17 (C) reviews the quality of the medical edu18 cation provided at the Uniformed Services Uni19 versity of the Health Sciences with the quality

20 of medical education provided by other sources

21 of military physicians;

22 (D) reviews the overall issue of the special

23 needs of military medicine and how these spe24 cial needs are being met by Uniformed Services
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1 University of Health Sciences physicians and

2 physicians obtained from other sources;

3 (E) assesses the extent to which the Uni4 formed Services University of the Health

5 Sciences has responded to the 1990 report of

6 the Inspector General of the Department of De7 fense and make recommendations as to resolu8 tion of any continuing issues relating to man9 agement and internal fiscal controls of the Uni10 formed Services University of the Health

11 Sciences, including issues relating to the Henry

12 M. Jackson Foundation for the Advancement of

13 Military Medicine identified in the 1990 report;

14 and

15 (F) makes such recommendations as the

16 Comptroller General deems appropriate.

17 SEC. 923. JOINT DUTY CREDIT FOR CERTAIN DUTY PER18 FORMED DURING MILITARY OPERATIONS IN

19 SUPPORT OF UNIFIED, COMBINED, OR UNIT20 ED NATIONS MILITARY OPERATIONS.

21 (a) CREDIT AUTHORIZED.—Section 664 of title 10,

22 United States Code, is amended by adding at the end the

23 following new subsection:

24 ‘‘(i) SPECIAL AUTHORITY.—(1) The Secretary of De25 fense, in consultation with the Chairman of the Joint
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1 Chiefs of Staff, may give an officer who has completed

2 service described in paragraph (2) credit for having com3 pleted a full tour of duty in a joint duty assignment, or

4 credit countable for determining cumulative service in

5 joint duty assignments, for the purposes of any provision

6 of this title, notwithstanding the length of such service or

7 whether such service is within the definition of the term

8 ‘joint duty assignment’ prescribed pursuant to section 668

9 of this title.

10 ‘‘(2) Service referred to in paragraph (1) is service

11 performed by an officer in combat or combat related mili12 tary operations, under the operational control of the com13 mander of a unified combatant command, the commander

14 of combined forces of allied nations, or the United Na15 tions, in which the officer gained significant experience in

16 joint matters, as determined by the Secretary.

17 ‘‘(3) Officers for whom joint duty credit is granted

18 pursuant to this subsection—

19 ‘‘(A) shall not be counted for the purposes of

20 paragraphs (7), (8), (9), (11), or (12) of section 667

21 of this title and subsections (a)(3) and (b) of section

22 662 of this title; and

23 ‘‘(B) are not subject to the requirements of sec24 tion 661(c) of this title relating to the sequence for

25 completion of a joint professional military education
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1 school, completion of a full tour of duty in a joint

2 duty assignment, and selection for a joint spe3 cialty.’’.

4 (b) APPLICABILITY.—Subsection (i) of section 664 of

5 title 10, United States Code, as added by subsection (a),

6 shall apply with respect to military operations conducted

7 after July 1, 1992.

8 SEC. 924. ASSISTANCE FOR CERTAIN WORKERS DIS9 LOCATED DUE TO REDUCTIONS BY THE UNIT10 ED STATES IN THE EXPORT OF DEFENSE AR11 TICLES AND SERVICES.

12 (a) ASSISTANCE UNDER DEFENSE CONVERSION AD13 JUSTMENT PROGRAM.—Section 325 of the Job Training

14 Partnership Act (29 U.S.C. 1662d) is amended—

15 (1) in subsection (a)—

16 (A) by striking out ‘‘or by closures of Unit17 ed States military facilities’’ in the first sen18 tence and inserting in lieu thereof ‘‘, by closures

19 of United States military facilities, or by reduc20 tions in the export of defense articles and de21 fense services as a result of United States pol22 icy (including reductions in the amount of de23 fense articles and defense services under agree24 ments to provide such articles or services or
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1 through termination or completion of any such

2 agreements)’’; and

3 (B) by striking out ‘‘or by closures of

4 United States military facilities’’ in the second

5 sentence and inserting in lieu thereof ‘‘, by clo6 sures of United States military facilities, or by

7 reductions in the export of defense articles and

8 defense services as a result of United States

9 policy’’;

10 (2) in subsection (d), by striking out ‘‘or by the

11 closure of United States military installations’’ and

12 inserting in lieu thereof ‘‘, by closures of United

13 States military facilities, or by reductions in the ex14 port of defense articles and defense services as a re15 sult of United States policy (including reductions in

16 the amount of defense articles and defense services

17 under agreements to provide such articles or services

18 or through termination or completion of any such

19 agreements)’’; and

20 (3) by adding at the end the following new sub21 section:

22 ‘‘(f) DEFINITION.—For purposes of this section, the

23 term ‘defense articles and defense services’ means defense

24 articles, defense services, or design and construction serv25 ices under the Arms Export Control Act (22 U.S.C. 2751
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1 et seq.), including defense articles and defense services li2 censed or approved for export under section 38 of that

3 Act (22 U.S.C. 2778).’’.

4 (b) ASSISTANCE UNDER DEFENSE DIVERSIFICATION

5 PROGRAM.—Section 325A of the Job Training Partner6 ship Act (29 U.S.C. 1662d–1) is amended—

7 (1) in subsection (b)(3)(A), by striking out ‘‘or

8 the closure or realignment of a military installation’’

9 and inserting in lieu thereof ‘‘, the closure or re10 alignment of a military installation, or reductions in

11 the export of defense articles and defense services as

12 a result of United States policy (including reductions

13 in the amount of defense articles and defense serv14 ices under agreements to provide such articles or

15 services or through termination or completion of any

16 such agreements)’’;

17 (2) in subsection (k)(1), by striking out ‘‘or by

18 the closure of United States military installations’’

19 and inserting in lieu thereof ‘‘, the closure of United

20 States military installations, or reductions in the ex21 port of defense articles and defense services as a re22 sult of United States policy (including reductions in

23 the amount of defense articles and defense services

24 under agreements to provide such articles or services
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1 or through termination or completion of any such

2 agreements)’’; and

3 (3) in subsection (o), by adding at the end the

4 following new paragraph:

5 ‘‘(3) DEFENSE ARTICLES AND DEFENSE SERV6 ICES.—The term ‘defense articles and defense serv7 ices’ means defense articles, defense services, or de8 sign and construction services under the Arms Ex9 port Control Act (22 U.S.C. 2751 et seq.), including

10 defense articles and defense services licensed or ap11 proved for export under section 38 of that Act (22

12 U.S.C. 2778).’’.

13 Subtitle D—Professional Military

14 Education

15 SEC. 931. AUTHORITY FOR MARINE CORPS UNIVERSITY TO

16 AWARD THE DEGREE OF MASTER OF MILI17 TARY STUDIES.

18 (a) AUTHORITY TO AWARD.—(1) Chapter 609 of title

19 10, United States Code, is amended by adding at the end

20 the following new section:

21 ‘‘§ 7102. Marine Corps University: master of military

22 studies

23 ‘‘(a) AUTHORITY.—Upon the recommendation of the

24 Director and faculty of the Marine Corps Command and

25 Staff College, the President of the Marine Corps Univer-
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1 sity may confer the degree of master of military studies

2 upon graduates of the college who fulfill the requirements

3 for the degree.

4 ‘‘(b) REGULATIONS.—The authority provided by sub5 section (a) shall be exercised under regulations prescribed

6 by the Secretary of the Navy.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by adding at the end the following

9 new item:

‘‘7102. Marine Corps University: master of military studies.’’.

10 (b) EFFECTIVE DATE.—The authority provided by

11 section 7102(a) of title 10, United States Code, as added

12 by subsection (a), shall become effective on the date on

13 which the Secretary of Education determines that the re14 quirements established by the Command and Staff College

15 of the Marine Corps University for the degree of master

16 of military studies are in accordance with generally appli17 cable requirements for a degree of master of arts.

18 SEC. 932. BOARD OF ADVISORS OF MARINE CORPS UNIVER19 SITY.

20 (a) BOARD.—(1) Chapter 609 of title 10, United

21 States Code, as amended by section 931, is further amend22 ed by adding at the end the following new section:
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1 ‘‘§ 7103. Marine Corps University: Board of Advisors

2 ‘‘(a) IN GENERAL.—A Board of Advisors to the

3 President of the Marine Corps University is constituted

4 annually of—

5 ‘‘(1) the chairman of the Committee on Armed

6 Services of the Senate, or the designee of the chair7 man; and

8 ‘‘(2) six persons designated by the Secretary of

9 the Navy.

10 ‘‘(b) TERMS.—(1) The persons designated by the

11 Secretary of the Navy shall serve for 3 years each except

12 that any member whose term of office has expired shall

13 continue to serve until the successor to the member is des14 ignated.

15 ‘‘(2) Members may be reappointed for one or more

16 successive terms.

17 ‘‘(3) If a member of the Board dies or resigns, the

18 official who designated that member shall designate a suc19 cessor to serve for the unexpired portion of the term of

20 the member.

21 ‘‘(c) VISITS.—The Board shall visit the Marine Corps

22 University semiannually upon the call of the President of

23 the Marine Corps University. With the approval of the

24 President of the University, the Board, or any of its mem25 bers, may make other visits to the University in connection
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1 with the duties of the Board or to consult with the Presi2 dent of the University.’’.

3 (2) The table of sections at the beginning of such

4 chapter, as amended by section 931, is further amended

5 by adding at the end the following new item:

‘‘7103. Marine Corps University: Board of Advisors.’’.

6 (b) INITIAL DESIGNATIONS OF MEMBERS.—Of the

7 members of the Board of Advisors of the Marine Corps

8 University initially designated under section 7103(a)(2) of

9 title 10, United States Code, as added by subsection (a)—

10 (1) two shall be designated for a term of 3

11 years;

12 (2) two shall be designated for a term of 2

13 years; and

14 (3) two shall be designated for a term of 1

15 year.

16 SEC. 933. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE

17 DEGREE OF MASTER OF AIRPOWER ART AND

18 SCIENCE.

19 (a) AUTHORITY TO AWARD.—(1) Chapter 901 of title

20 10, United States Code, is amended by adding at the end

21 the following new section:

22 ‘‘§ 9317. Air University: master of airpower art and

23 science

24 ‘‘(a) AUTHORITY.—Upon the recommendation of the

25 faculty of the School of Advanced Airpower Studies of the
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1 Air University, the Commander of the university may con2 fer the degree of master of airpower art and science upon

3 graduates of the school who fulfill the requirements for

4 the degree.

5 ‘‘(b) REGULATIONS.—The authority provided by sub6 section (a) shall be exercised under regulations prescribed

7 by the Secretary of the Air Force.’’.

8 (2) The table of sections at the beginning of such

9 chapter is amended by adding at the end the following

10 new item:

‘‘9317. Air University: master of airpower art and science.’’.

11 (b) EFFECTIVE DATE.—The authority provided by

12 section 9317(a) of title 10, United States Code, as added

13 by subsection (a), shall become effective on the date on

14 which the Secretary of Education determines that the re15 quirements established by the School of Advanced Air16 power Studies of the Air University for the degree of mas17 ter of airpower art and science are in accordance with gen18 erally applicable requirements for a degree of master of

19 arts or a degree of master of science.

20 TITLE X—GENERAL PROVISIONS

21 Subtitle A—Financial Matters

22 SEC. 1001. TRANSFER AUTHORITY.

23 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

24 (1) Upon determination by the Secretary of Defense that

25 such action is necessary in the national interest, the Sec-
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1 retary may transfer amounts of authorizations made avail2 able to the Department of Defense in this division for fis3 cal year 1995 between any such authorizations for that

4 fiscal year (or any subdivisions thereof). Amounts of au5 thorizations so transferred shall be merged with and be

6 available for the same purposes as the authorization to

7 which transferred.

8 (2) The total amount of authorizations that the Sec9 retary of Defense may transfer under the authority of this

10 section may not exceed $2,000,000,000.

11 (b) LIMITATIONS.—The authority provided by this

12 section to transfer authorizations—

13 (1) may only be used to provide authority for

14 items that have a higher priority than the items

15 from which authority is transferred; and

16 (2) may not be used to provide authority for an

17 item that has been denied authorization by Con18 gress.

19 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

20 transfer made from one account to another under the au21 thority of this section shall be deemed to increase the

22 amount authorized for the account to which the amount

23 is transferred by an amount equal to the amount trans24 ferred.
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1 (d) NOTICE TO CONGRESS.—The Secretary of De2 fense shall promptly notify Congress of transfers made

3 under the authority of this section.

4 SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATION

5 OF APPROPRIATIONS FOR FISCAL YEAR 1994.

6 There is authorized to be appropriated as emergency

7 supplemental appropriations for fiscal year 1994 for the

8 incremental costs arising from ongoing United States op9 erations in Somalia, Bosnia, Southwest Asia, and Haiti,

10 $1,198,300,000 as follows:

11 (1) For Military Personnel:

12 (A) For the Army, $6,600,000.

13 (B) For the Navy, $19,400,000.

14 (C) For the Air Force, $18,400,000.

15 (2) For Operation and Maintenance:

16 (A) For the Army, $420,100,000.

17 (B) For the Navy, $104,800,000.

18 (C) For the Air Force, $560,100,000.

19 (D) For Defense-wide activities,

20 $21,600,000.

21 (3) For Procurement:

22 (A) For Aircraft Procurement, Army,

23 $20,300,000.

24 (B) For Other Procurement, Army,

25 $200,000.
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1 (C) For Other Procurement, Air Force,

2 $26,800,000.

3 SEC. 1003. DATE FOR SUBMISSION OF FUTURE-YEARS MIS4 SION BUDGET.

5 Section 222(a) of title 10, United States Code, is

6 amended by striking out ‘‘at the same time’’ in the second

7 sentence and inserting in lieu thereof ‘‘not later than 60

8 days after the date on which’’.

9 SEC. 1004. SUBMISSION OF FUTURE-YEARS DEFENSE PRO10 GRAM IN ACCORDANCE WITH LAW.

11 If, as of the end of the 90-day period beginning on

12 the date on which the President’s budget for fiscal year

13 1996 is submitted to Congress, the Secretary of Defense

14 has not submitted to Congress the fiscal year 1996 future15 years defense program and, after consultation with the In16 spector General of the Department of Defense, a certifi17 cation that such program satisfies the requirements of sec18 tion 221(b) of title 10, United States Code, then during

19 the 30-day period beginning on the last day of such 90-

20 day period the Secretary may not obligate more than 10

21 percent of the fiscal year 1995 advance procurement funds

22 that are available for obligation as of the end of that 90-

23 day period. If, as of the end of such 30-day period, the

24 Secretary of Defense has not submitted to Congress the

25 fiscal year 1996 future-years defense program together
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1 with such a certification, then the Secretary may not make

2 any further obligation of fiscal year 1995 advance procure3 ment funds until such program and certification are sub4 mitted to Congress. If the Secretary submits to Congress

5 the fiscal year 1996 future-years defense program, to6 gether with such a certification, during the 30-day period

7 described in the first sentence, the limitation on obligation

8 of advance procurement funds prescribed in that sentence

9 shall cease to apply effective as of the date of the submis10 sion of such program and certification.

11 Subtitle B—Matters Relating to

12 Allies and Other Nations

13 SEC. 1011. REPEAL OF LIMITATION ON OVERSEAS MILI14 TARY END STRENGTH.

15 Section 1302 of the National Defense Authorization

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

17 2545; 10 U.S.C. 113 note) is repealed.

18 SEC. 1012. AUTHORIZED END STRENGTH FOR MILITARY

19 PERSONNEL IN EUROPE.

20 (a) END STRENGTH.—Paragraph (1) of section

21 1002(c) of the National Defense Authorization Act, 1985

22 (22 U.S.C. 1928 note) is amended to read as follows:

23 ‘‘(1) The end strength level of members of the Armed

24 Forces of the United States assigned to permanent duty

25 ashore in European member nations of NATO may not
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1 exceed a permanent ceiling of approximately 100,000 in

2 any fiscal year.

3 ‘‘(2) Notwithstanding paragraph (1), the end

4 strength level of members of the Armed Forces of the

5 United States assigned to permanent duty ashore in Euro6 pean member nations of NATO may exceed 100,000 in

7 a fiscal year if, before September 1 of that fiscal year,

8 the President certifies to Congress that it is essential for

9 the end strength level to exceed 100,000 in that fiscal year

10 in order to attain national security objectives of the United

11 States in Europe and that the number of personnel in ex12 cess of 100,000 does not exceed the number of additional

13 personnel necessary to attain such objectives. In no event

14 may the end strength level exceed 113,000 in any fiscal

15 year.’’.

16 (b) CONFORMING AMENDMENT.—Section 1303 of the

17 National Defense Authorization Act for Fiscal Year 1993

18 (Public Law 102–484; 106 Stat. 2546) is repealed.

19 (c) EFFECTIVE DATE.—The amendments made by

20 subsection (a) shall take effect on October 1, 1995.

21 SEC. 1013. EXTENSION AND REVISION OF AUTHORITIES RE22 LATING TO COOPERATIVE THREAT REDUC23 TION.

24 (a) FUNDING FOR FISCAL YEAR 1995.—Funds au25 thorized to be appropriated under section 301(19) shall
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1 be available for cooperative threat reduction with states

2 of the former Soviet Union under the Cooperative Threat

3 Reduction Act of 1993 (title XII of Public Law 103–160;

4 22 U.S.C. 5951 et seq.).

5 (b) SEMI-ANNUAL REPORTS.—Section 1207 of such

6 Act (22 U.S.C. 5956) is amended by striking out ‘‘and

7 not later than October 30, 1994,’’ and inserting in lieu

8 thereof ‘‘October 30, 1994, April 30, 1995, and October

9 30, 1995,’’.

10 SEC. 1014. DEFENSE COOPERATION BETWEEN THE UNITED

11 STATES AND ISRAEL.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) The President has made a commitment to

15 maintaining the qualitative superiority of the Israeli

16 Defense Force over any potential combination of po17 tential adversaries.

18 (2) Despite the peace process in which Israel is

19 engaged, Israel continues to face difficult threats to

20 its national security.

21 (3) The threats are compounded by the pro22 liferation of weapons of mass destruction and ballis23 tic missiles.

24 (4) Congress recognizes the many benefits to

25 the United States resulting from the strategic rela-
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1 tionship that exists between the United States and

2 Israel.

3 (5) Congress is supportive of the objective of

4 the President to enhance United States-Israel mili5 tary and technical cooperation, particularly in the

6 areas of missile defense and counter-proliferation.

7 (6) Congress is supportive of the establishment

8 of the United States-Israel Science and Technology

9 Commission in 1993.

10 (7) Maintaining the qualitative superiority of

11 the Israeli Defense Force and strengthening the de12 fense ties and science and technology cooperation be13 tween the United States and Israel will help ensure

14 that Israel has the military strength and political

15 support necessary to take risks for peace while pro16 viding Arab states with an incentive to pursue nego17 tiations instead of war.

18 (8) Israel continues to cooperate with the Unit19 ed States on numerous theater missile defense pro20 grams, including the Arrow Tactical Anti-Missile

21 program and the boost phase intercept technology

22 program.

23 (9) It is in the national interests of the United

24 States and Israel to strengthen existing mechanisms

25 for cooperation and to eliminate unnecessary bar-
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1 riers to further collaboration between the United

2 States and Israel.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that Congress—

5 (1) encourages the President to ensure that any

6 conventional defense system or technology offered

7 for release to any NATO or other major non-NATO

8 ally should concurrently be available for purchase by

9 Israel unless such action would contravene United

10 States national interests; and

11 (2) urges the President to make available to Is12 rael, within existing technology transfer laws, regula13 tions, and policies, advanced United States tech14 nology necessary for continued progress in coopera15 tive United States-Israel research and development

16 of theater missile defenses.

17 SEC. 1015. MILITARY-TO-MILITARY CONTACTS AND COM18 PARABLE ACTIVITIES.

19 (a) ACTIVITIES AUTHORIZED.—(1) Chapter 6 of title

20 10, United States Code, is amended by adding at the end

21 the following new section:

22 ‘‘§ 166b. Military-to-military contacts and comparable

23 activities

24 ‘‘(a) AUTHORITY.—The Secretary of Defense may

25 conduct military-to-military contacts and comparable ac-
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1 tivities that are designed to encourage a democratic ori2 entation of defense establishments and military forces of

3 other countries.

4 ‘‘(b) ADMINISTRATION.—The Secretary may provide

5 funds appropriated for carrying out subsection (a) to the

6 following officials for use as provided in subsection (c):

7 ‘‘(1) The commander of a combatant command,

8 upon the request of the commander.

9 ‘‘(2) An officer designated by the Chairman of

10 the Joint Chiefs of Staff, with respect to an area or

11 areas not under the area of responsibility of a com12 mander of a combatant command.

13 ‘‘(3) The head of any Department of Defense

14 component.

15 ‘‘(c) AUTHORIZED ACTIVITIES.—An official provided

16 funds under subsection (b) may use such funds for the

17 following activities and expenses:

18 ‘‘(1) The activities of traveling contact teams,

19 including any transportation expenses, translation

20 services expenses, and administrative expenses that

21 are related to such activities.

22 ‘‘(2) The activities of military liaison teams.

23 ‘‘(3) Exchanges of—
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1 ‘‘(A) civilian or military personnel between

2 the Department of Defense and defense min3 istries of foreign governments; and

4 ‘‘(B) military personnel between units of

5 the armed forces and units of foreign armed

6 forces.

7 ‘‘(4) Seminars and conferences held primarily

8 in a theater of operations.

9 ‘‘(5) Distribution of publications primarily in a

10 theater of operations.

11 ‘‘(6) Personnel expenses for Department of De12 fense civilian and military personnel to the extent

13 that such expenses relate to participation in activi14 ties described in paragraphs (3), (4), and (5).

15 ‘‘(7) Reimbursement of military personnel ap16 propriations accounts for the pay and allowances

17 paid to National Guard personnel and other reserve

18 components personnel for service while engaged in

19 activities referred to in other paragraphs of this sub20 section.

21 ‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any

22 amount provided during any fiscal year to an official

23 under subsection (b) for activities or expenses referred to

24 in subsection (c) shall be in addition to amounts otherwise
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1 available for such activities and expenses for that fiscal

2 year.

3 ‘‘(e) LIMITATIONS.—(1) Funds may not be provided

4 under this section for a fiscal year for any activity for

5 which—

6 ‘‘(A) funding was proposed in the budget sub7 mitted to Congress for such fiscal year pursuant to

8 section 1105(a) of title 31; and

9 ‘‘(B) Congress did not authorize appropriations.

10 ‘‘(2) An activity may not be conducted under this sec11 tion with a foreign country unless the Secretary of State

12 approves the conduct of such activity in that foreign coun13 try.

14 ‘‘(3) Funds may not be provided under this section

15 for a fiscal year for any country which was not eligible

16 in that fiscal year for assistance under chapter 5 of part

17 II of the Foreign Assistance Act of 1961.

18 ‘‘(4) Funds may not be used under this section for

19 the provision of military education or training, defense ar20 ticles, or defense services to any country.

21 ‘‘(f) MILITARY-TO-MILITARY CONTACTS DEFINED.—

22 In this section, the term ‘military-to-military contacts’

23 means contacts between members of the armed forces and

24 members of foreign armed forces through activities de25 scribed in subsection (c).’’.
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1 (2) The table of sections at the beginning of chapter

2 6 of such title is amended by adding at the end the follow3 ing new item:

‘‘166b. Military-to-military contacts and comparable activities.’’.

4 (b) FUNDING.—Of the amount authorized to be ap5 propriated under section 301(5) for operation and mainte6 nance for Defense-wide activities, $46,300,000 shall be

7 available to the Secretary of Defense for the purposes of

8 carrying out activities under section 166b of title 10, Unit9 ed States Code, as added by subsection (a).

10 SEC. 1016. FOREIGN DISASTER RELIEF.

11 (a) AUTHORITY.—(1) Subchapter I of chapter 20 of

12 title 10, United States Code, is amended by adding at the

13 end the following new section:

14 ‘‘§ 404. Foreign disaster relief

15 ‘‘(a) IN GENERAL.—The President may conduct dis16 aster relief activities outside the United States to respond

17 to manmade or natural disasters when necessary to pre18 vent loss of lives.

19 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

20 under this section may include transportation, supplies,

21 services, and equipment.

22 ‘‘(c) DETERMINATION REQUIRED.—No assistance

23 may be furnished pursuant to this section unless the

24 President determines that the provision of disaster relief
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1 is in the national interest of the United States and is nec2 essary to prevent loss of lives.

3 ‘‘(d) REPORT REQUIRED.—Not later than 48 hours

4 after the commencement of disaster relief activities, the

5 President shall transmit to the Congress a report contain6 ing the determination required by subsection (c) and a de7 scription of the following:

8 ‘‘(1) The manmade or natural disaster for

9 which disaster relief is necessary.

10 ‘‘(2) The threat to human lives presented by

11 the disaster.

12 ‘‘(3) The United States military personnel and

13 material resources that are involved or expected to

14 be involved.

15 ‘‘(4) The disaster relief that is being provided

16 or is expected to be provided by other nations or

17 public or private relief organizations.

18 ‘‘(5) The anticipated duration of the disaster

19 relief activities.’’.

20 (2) The table of sections at the beginning of such sub21 chapter is amended by adding at the end the following:

‘‘404. Foreign disaster relief.’’.

22 (b) FUNDING OF ACTIVITIES.—Of the amount au23 thorized to be appropriated under subsection 301(5),

24 $46,300,000 shall be available to the Secretary of Defense

25 for the purpose of carrying out disaster relief activities
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1 under section 404 of title 10, United States Code, as

2 added by subsection (a).

3 SEC. 1017. BURDENSHARING POLICY AND REPORT.

4 (a) POLICY.—It is the policy of the United States

5 that the North Atlantic Treaty Organization (NATO) al6 lies should assist the United States in paying the incre7 mental cost incurred by the United States for maintaining

8 members of the Armed Forces in assignments to perma9 nent duty ashore in Europe solely for performing United

10 States obligations for support of NATO.

11 (b) IMPLEMENTATION.—The President shall take all

12 necessary actions to ensure the effective implementation

13 of the burdensharing policy set forth in subsection (a).

14 (c) REPORT.—The Secretary of Defense shall include

15 in the annual burdensharing report required by section

16 1002(d) of the Department of Defense Authorization Act,

17 1985 (22 U.S.C. 1928 note) the following matters:

18 (1) A specific enumeration and description of

19 the United States military resources and military

20 personnel assigned to permanent duty ashore in Eu21 rope primarily in support of NATO and an analysis

22 of the cost of providing and maintaining such re23 sources and personnel in such assignment primarily

24 for that purpose.
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1 (2) A specific enumeration and description of

2 the United States military resources and military

3 personnel assigned to permanent duty ashore in Eu4 rope primarily in support of other United States in5 terests in other regions of the world and an analysis

6 of the cost of providing and maintaining such re7 sources and personnel in such assignment primarily

8 for that purpose.

9 (3) A specific enumeration and description of

10 the offsets to United States costs of providing and

11 maintaining United States military resources and

12 military personnel in Europe that the United States

13 has previously received from other NATO member

14 nations, set out by country and by type of assist15 ance, including both ‘‘in-kind’’ assistance and direct

16 cash reimbursement, and the projected offsets for

17 the five fiscal years following the fiscal year in which

18 the report is submitted.

19 (4) A detailed identification of the costs associ20 ated with maintaining United States military per21 sonnel in assignments to permanent duty ashore in

22 Europe for NATO and the difference in cost that

23 would result from stationing such personnel at mili24 tary bases within the United States and continuing
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1 to assign to such personnel the mission to perform

2 United States obligations under NATO.

3 (5) A comparison of the defense spending by

4 each NATO member country as a percentage of

5 Gross Domestic Product (GDP) beginning in 1985

6 and the projected future defense spending as a per7 centage of Gross Domestic Product through 2000.

8 (6) A review of all actions taken by the United

9 States to ensure the effective implementation of the

10 United States burdensharing policy set forth in sub11 section (a).

12 (d) INCREMENTAL COST DEFINED.—In this section,

13 the term ‘‘incremental cost’’, with respect to maintaining

14 members of the Armed Forces in assignments to perma15 nent duty ashore in Europe, includes the cost of transpor16 tation to and from duty stations in Europe, any variation

17 in the cost of housing and food as compared to the cost

18 of housing and food for members of the Armed Forces

19 stationed in the United States, and any additional expend20 itures associated with infrastructure necessary to support

21 United States forces in Europe.
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1 SEC. 1018. REVIEW AND REPORT REGARDING DEPARTMENT

2 OF DEFENSE PROGRAMS RELATING TO RE3 GIONAL SECURITY AND HOST NATION DEVEL4 OPMENT IN THE WESTERN HEMISPHERE.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The political environment in the Western

8 Hemisphere has been characterized in recent years

9 by significant democratic advances and an absence

10 of international strife; but democracy is fragile in

11 some nations of the region.

12 (2) It is desirable for the Department of De13 fense to perform a positive role in influencing re14 gional armed forces to make positive contributions to

15 the democratic process and to domestic development

16 programs.

17 (3) Congress receives a number of annual re18 ports relating to specific authorities granted to the

19 Secretary of Defense under title 10, United States

20 Code, such as the authorities relating to the conduct

21 of bilateral or regional cooperation programs under

22 section 1051, participation of developing countries in

23 combined exercises under section 2110, and the

24 training of special operations forces with friendly

25 forces under section 2011.
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1 (4) The annual reports are replete with statis2 tics and dollar figures and generally lacking in sub3 stance.

4 (5) Congress does not receive annual reports

5 with respect to other authorities of the Secretary of

6 Defense, such as that relating to Latin American co7 operation under section 1050 of title 10, United

8 States Code.

9 (6) Testimony before Congress, including in

10 particular the testimony of the Commander in Chief,

11 United States Southern Command, and the Com12 mander in Chief, United States Atlantic Command,

13 has emphasized the conduct of a large number of

14 complementary programs under the leadership and

15 supervision of those two commanders to foster ap16 propriate military roles in democratic host nations

17 and to assist countries in developing forces properly

18 trained to address their security needs, including

19 needs regarding illegal immigration, insurgencies,

20 smuggling of illegal arms, munitions, and explosives

21 across borders, and drug trafficking.

22 (7) Most of the programs referred to in para23 graph (6) provide excellent and often unique train24 ing and experience to the United States forces in25 volved.
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1 (8) The expansion of the military-to-military

2 contact program to the Western Hemisphere will

3 provide another tool to encourage a democratic ori4 entation of the defense establishments and military

5 forces of countries in the region.

6 (9) There is a need to conduct a comprehensive

7 review of the several authorities in title 10, United

8 States Code, for the Secretary of Defense to engage

9 in cooperative regional security programs with other

10 countries in the Western Hemisphere in order to de11 termine whether the authorities continue to be ap12 propriate and necessary, particularly in the light of

13 the changed circumstances in the region.

14 (10) There is a need to conduct a comprehen15 sive review of the various programs carried out pur16 suant to such authorities to ensure that such pro17 grams are designed to meet the needs of the host

18 nations involved and the regional objectives of the

19 United States.

20 (11) There is a need to assess the strengths

21 and weaknesses of the various regional security or22 ganizations, defense forums, and defense education

23 institutions in the Western Hemisphere in order to

24 identify any improvements needed to harmonize the
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1 defense policies of the United States and those of

2 friendly nations of the region.

3 (b) REPORT REQUIRED.—Not later than May 1,

4 1995, the Secretary of Defense, shall—

5 (1) carry out a comprehensive review and as6 sessment of the matters referred to in paragraphs

7 (9), (10), and (11) of subsection (a); and

8 (2) after consultation with the Chairman of the

9 Joint Chiefs of Staff and the commanders of the

10 combatant commands responsible for regions in the

11 Western Hemisphere, submit to the Committees on

12 Armed Services of the Senate and House of Rep13 resentatives a report on regional defense matters.

14 (c) CONTENT OF REPORT.—The report shall contain

15 a detailed and comprehensive description, discussion, and

16 analysis of the following matters:

17 (1) The Department of Defense plan to support

18 United States strategic objectives in the Western

19 Hemisphere.

20 (2) The external and internal threats to the na21 tional security of the nations of the region.

22 (3) The various regional security cooperative

23 programs carried out by the Department of Defense

24 in the region in 1994, including training and edu25 cation programs in the host nations and in the Unit-
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1 ed States and defense contacts set forth on a coun2 try-by-country basis, the statutory authority, if any,

3 for such programs, and the strategic objectives

4 served.

5 (4) The various regional security organizations,

6 defense forums, and defense education institutions

7 that the United States maintains or in which the

8 United States participates.

9 (5) An assessment of the contribution that such

10 programs, defense contacts, organizations, forums,

11 and institutions make to the advancement of re12 gional security, host nation security and national de13 velopment, and the strategic objectives of the United

14 States.

15 (6) The changes made or to be made in the

16 programs, organizations, forums, and institutions as

17 a result of the comprehensive review.

18 (7) Any recommended legislation considered

19 necessary to improve the ability of the Department

20 to achieve its strategic objectives.

21 (d) CLASSIFICATION OF REPORT.—The report shall

22 be submitted in an unclassified form and may, if nec23 essary, have a classified supplement.
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1 SEC. 1019. PAYMENTS-IN-KIND FOR RELEASE OF UNITED

2 STATES OVERSEAS MILITARY FACILITIES TO

3 NATO HOST COUNTRIES.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The United States has invested

7 $6,500,000,000 in military infrastructure in North

8 Atlantic Treaty Organization (NATO) countries.

9 (2) As part of an overall plan to reduce United

10 States troop strength in Europe from 323,432 in

11 1987 to 100,000 by the end of 1996, the Depart12 ment of Defense plans to close or reduce United

13 States military presence at 867 military sites over14 seas.

15 (3) Most of the overseas military sites an16 nounced for closure are in Europe where the United

17 States has already closed 434 such sites.

18 (4) When the United States closes military sites

19 in Europe, the United States brings the military

20 personnel home but leaves buildings, roads, sewers,

21 and other real property improvements behind.

22 (5) Some allies have agreed to pay the United

23 States for the residual value of the real property im24 provements left behind.

25 (6) Although the United States military

26 drawdown has been rapid since 1990, European al-
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1 lies have been slow to pay the United States the re2 sidual value of the sites released by the United

3 States.

4 (7) As of 1994, the United States has recouped

5 only $33,300,000 in cash, and most of that was re6 covered in 1989.

7 (8) Although the United States has released to

8 Germany over 60 percent of the military sites

9 planned for closure by the United States in that

10 country and the current value of United States fa11 cilities to be returned to the German government is

12 estimated at approximately $2,700,000,000, the

13 German government has budgeted only $25,000,000

14 for fiscal year 1994 for payment of compensation for

15 the United States investment in such improvements.

16 (b) POLICY.—It is the sense of Congress that—

17 (1) the President should redouble efforts to re18 cover the value of the United States investment in

19 the military infrastructure of NATO countries;

20 (2) the President should enter into negotiations

21 with the government of each NATO host country

22 with a presumption that payments to compensate

23 the United States for the negotiated value of im24 provements will be made in cash and deposited in
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1 the Department of Defense Overseas Military Facil2 ity Investment Recovery Account;

3 (3) the President should enter into negotiations

4 for payments-in-kind only as a last resort and only

5 after informing the Congress that negotiations for

6 cash payments have not been successful; and

7 (4) to the extent that in-kind contributions are

8 received in lieu of cash payments in any fiscal year,

9 the in-kind contributions should be used for projects

10 which are identified priorities of the Department of

11 Defense.

12 (c) REQUIREMENTS AND LIMITATIONS RELATING TO

13 PAYMENTS-IN-KIND.—(1) Subsection (e) of section 2921

14 of the National Defense Authorization Act for Fiscal Year

15 1991 (10 U.S.C. 2687 note) is amended—

16 (A) by inserting ‘‘(1)’’ after ‘‘NEGOTIATIONS

17 FOR PAYMENTS-IN-KIND.—’’;

18 (B) by striking out ‘‘a written notice’’ and all

19 that follows and inserting in lieu thereof ‘‘to the con20 gressional defense committees (and one additional

21 copy to each of the Subcommittees on Defense of the

22 Committees on Appropriations of the Senate and the

23 House of Representatives) a written notice regarding

24 the intended negotiations.’’; and
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1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(2) The notice shall contain the following:

4 ‘‘(A) A justification for entering into negotia5 tions for payments-in-kind with the host country.

6 ‘‘(B) The types of benefit options to be pursued

7 by the Secretary in the negotiations.

8 ‘‘(C) A discussion of the adjustments that are

9 intended to be made in the future-years defense pro10 gram or in the budget of the Department of Defense

11 for the fiscal year in which the notice is submitted

12 or the following fiscal year in order to reflect costs

13 that it may no longer be necessary for the United

14 States to incur as a result of the payments-in-kind

15 to be sought in the negotiations.’’.

16 (2) Such section is amended by adding at the end

17 the following new subsection:

18 ‘‘(h) CONGRESSIONAL OVERSIGHT OF PAYMENTS-IN19 KIND.—(1) Not less than 30 days before concluding an

20 agreement for acceptance of military construction or facil21 ity improvements as a payment-in-kind, the Secretary of

22 Defense shall submit to Congress a notification on the pro23 posed agreement that contains the following matters:
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1 ‘‘(A) A description of the military construction

2 project or facility improvement project, as the case

3 may be.

4 ‘‘(B) A certification that the project is needed

5 by United States forces.

6 ‘‘(C) An explanation of how the project will aid

7 in the achievement of the mission of those forces.

8 ‘‘(D) A certification that, if the project were to

9 be carried out by the Department of Defense, appro10 priations would be necessary for the project and it

11 would be necessary to provide for the project in the

12 next future-years defense program.

13 ‘‘(2) Not less than 30 days before concluding an

14 agreement for acceptance of host nation support or host

15 nation payment of operating costs of United States forces

16 as a payment-in-kind, the Secretary of Defense shall sub17 mit to Congress a notification on the proposed agreement

18 that contains the following matters:

19 ‘‘(A) A description of each activity to be cov20 ered by the payment-in-kind.

21 ‘‘(B) A certification that the costs to be covered

22 by the payment-in-kind are included in the budget of

23 one or more of the military departments or that it

24 will otherwise be necessary to provide for payment of
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1 such costs in a budget of one or more of the military

2 departments.

3 ‘‘(C) A certification that, unless the payment4 in-kind is accepted or funds are appropriated for

5 payment of such costs, the military mission of the

6 United States forces with respect to the host nation

7 concerned will be adversely affected.’’.

8 Subtitle C—Nonproliferation and

9 Counterproliferation of Weapon

10 Systems and Related Systems

11 SEC. 1021. EXTENSION AND REVISION OF NONPROLIFERA12 TION AUTHORITIES.

13 (a) EXTENSION OF NONPROLIFERATION AUTHORI14 TIES.—Section 1505 of the National Defense Authoriza15 tion Act for Fiscal Year 1993 (22 U.S.C. 5859a) is

16 amended—

17 (1) in subsection (a), by striking out ‘‘during

18 fiscal year 1994’’ and inserting in lieu thereof ‘‘dur19 ing fiscal years 1994 and 1995’’; and

20 (2) in subsection (e), by striking out ‘‘fiscal

21 year 1994’’ and inserting in lieu thereof ‘‘fiscal

22 years 1994 and 1995’’.

23 (b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE

24 PROVIDED.—Subsection (b)(4) of such section is amended

25 by striking out ‘‘nuclear proliferation through joint tech-
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1 nical projects and improved intelligence sharing’’ and in2 serting in lieu thereof ‘‘nuclear, biological, chemical, and

3 missile proliferation through technical projects and im4 proved information sharing’’.

5 (c) SOURCES OF ASSISTANCE.—Subsection (d) of

6 such section is amended—

7 (1) in paragraph (1)—

8 (A) by inserting ‘‘for fiscal year 1994’’

9 after ‘‘under this section’’; and

10 (B) by striking out ‘‘fiscal year 1994 or’’

11 and inserting in lieu thereof ‘‘fiscal year 1994.

12 Funds provided as assistance under this section

13 for fiscal year 1995 shall be derived from

14 amounts made available to the Department of

15 Defense for fiscal year 1995. Alternatively,

16 funds provided as assistance under this section

17 for a fiscal year referred to in this paragraph

18 may be derived’’; and

19 (2) in paragraph (3), by inserting after

20 ‘‘$25,000,000’’ the following: ‘‘for fiscal year 1994

21 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 (c) ADDITIONAL AUTHORITY TO TRANSFER AU2 THORIZATIONS.—(1) In addition to the transfer authority

3 provided in section 1001, upon determination by the Sec4 retary of Defense that such action is necessary in the na5 tional interest, the Secretary may transfer amounts of au6 thorizations made available to the Department of Defense

7 in this division for fiscal year 1995 to counterproliferation

8 programs, projects, and activities identified as areas for

9 progress by the Joint Committee for the Review of

10 Counterproliferation Programs established by section

11 1605 of the National Defense Authorization Act for Fiscal

12 Year 1994 (Public Law 103–160; 107 Stat. 1845).

13 Amounts of authorizations so transferred shall be merged

14 with and be available for the same purposes as the author15 ization to which transferred.

16 (2) The total amount of authorizations that the Sec17 retary may transfer under the authority of this subsection

18 may not exceed $100,000,000.

19 (3) The authority provided by this subsection to

20 transfer authorizations—

21 (A) may only be used to provide authority for

22 items that have a higher priority than the items

23 from which authority is transferred; and
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1 (B) may not be used to provide authority for an

2 item that has been denied authorization by Con3 gress.

4 (4) A transfer made from one account to another

5 under the authority of this subsection shall be deemed to

6 increase the amount authorized for the account to which

7 the amount is transferred by an amount equal to the

8 amount transferred.

9 (5) The Secretary of Defense shall promptly notify

10 Congress of transfers made under the authority of this

11 subsection.

12 (d) USE OF FUNDS FOR TECHNOLOGY DEVELOP13 MENT.—(1) Of the funds authorized to be appropriated

14 by section 201(4) for a counterproliferation technology

15 project in Program Element 602301E—

16 (A) $5,000,000 shall be available for a program

17 to detect, locate, and disarm weapons of mass de18 struction that are hidden by a hostile state or terror19 ist or terrorist group in confined area outside the

20 United States; and

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

22 training program referred to in paragraph (3).

23 (2) The Secretary of Defense shall make funds avail24 able for the program referred to in paragraph (1)(A) in

25 a manner that, to the maximum extent practicable, en-
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1 sures the effective utilization of existing resources of the

2 national weapons laboratories.

3 (3)(A) The training program referred to in paragraph

4 (1)(B) is a training program carried out jointly by the

5 Secretary of Defense and the Director of the Federal Bu6 reau of Investigation in order to expand and improve Unit7 ed States efforts to deter the possible proliferation and

8 acquisition weapons of mass destruction by organized

9 crime organizations in Eastern Europe, the Baltic coun10 tries, and the former Soviet Union.

11 (B) The funds available under paragraph (1)(B) for

12 the program referred to in subparagraph (A) may not be

13 obligated or expended for that program until the Secretary

14 of Defense and the Director of the Federal Bureau of In15 vestigation jointly submit to the congressional defense

16 committees a report that—

17 (i) identifies the nature and extent of the threat

18 posed to the United States by the possible prolifera19 tion and acquisition of weapons of mass destruction

20 by organized crime organizations in Eastern Europe,

21 the Baltic countries, and the former Soviet Union;

22 (ii) assesses the actions that the United States

23 should undertake in order to assist law enforcement

24 agencies of Eastern Europe, the Baltic countries,

25 and the former Soviet Union in the efforts of such
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1 agencies to prevent and deter the theft of nuclear

2 weapons material; and

3 (iii) contains an estimate of—

4 (I) the cost of undertaking such actions,

5 including the costs of personnel, support equip6 ment, and training;

7 (II) the time required to commence the

8 carrying out of the program referred to in para9 graph (1); and

10 (III) the amount of funds, if any, that will

11 be required in fiscal years after fiscal year 1995

12 in order to carry out the program.

13 SEC. 1025. RESTRICTION RELATING TO REPORT ON PRO14 LIFERATION OF FOREIGN MILITARY SAT15 ELLITES.

16 None of the funds available to the Department of De17 fense for travel may be expended for travel by the Assist18 ant Secretary of Defense for International Security Policy

19 until the Secretary of Defense submits to Congress the

20 report required by section 1363 of the National Defense

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

22 484; 106 Stat. 2560) together with the certification re23 quired by section 211(d) of the National Defense Author24 ization Act for Fiscal Year 1994 (Public Law 103–160;

25 107 Stat. 1584).
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1 Subtitle D—Peace Operations

2 SEC. 1031. REPORTS ON REFORMING MULTILATERAL

3 PEACE OPERATIONS.

4 (a) REPORTS REQUIRED.—The Secretary of Defense

5 shall submit to the congressional defense committees two

6 reports on United States proposals for improving United

7 Nations management of peace operations. The Secretary

8 shall submit the first report not later than December 1,

9 1994, and the second report not later than June 1, 1995.

10 (b) CONTENT OF REPORTS.—(1) Each report shall

11 contain—

12 (A) a discussion of the status of implementation

13 of United States proposals contained in section IV

14 (relating to strengthening the United Nations) of the

15 document entitled ‘‘The Clinton Administration’s

16 Policy on Reforming Multilateral Peace Operations’’

17 that was issued by the Executive Office of the Presi18 dent in May 1994; and

19 (B) an analysis of the results of such implemen20 tation.

21 (2) Each report shall cover, at a minimum, the fol22 lowing matters:

23 (A) The reconfiguration and expansion of the

24 staff for the United Nations Department of Peace25 keeping Operations.
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1 (B) The elimination by the United Nations of

2 lengthy, potentially disastrous delays after a peace

3 operation has been authorized.

4 (C) The establishment by the United Nations of

5 a professional peace operations training program for

6 commanders and other military and civilian person7 nel.

8 (D) United States assistance to facilitate im9 provements by the United Nations in the matters

10 described in subparagraphs (A) and (C) and the

11 terms under which such assistance has been or is

12 being provided.

13 (c) DEFINITION.—Is this section, the term ‘‘peace op14 eration’’ means an operation to maintain or restore inter15 national peace and security under chapter VI or chapter

16 VII of the Charter of the United Nations.

17 SEC. 1032. SUPPORT FOR INTERNATIONAL PEACEKEEPING

18 AND PEACE ENFORCEMENT.

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that—

21 (1) the President should initiate consultations

22 with the bipartisan leadership of Congress, including

23 the leadership of the relevant committees, as far in

24 advance as possible regarding international peace25 keeping or peace enforcement activities of the Unit-
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1 ed Nations that would involve the participation of

2 United States combat forces and such consultations

3 should continue throughout the duration of such ac4 tivities;

5 (2) the consultations should take place prior to

6 the vote by the United States on United Nations Se7 curity Council resolutions authorizing, extending, or

8 revising the mandates for these types of activities;

9 (3) United Nations Security Council resolutions

10 authorizing peacekeeping or peace enforcement ac11 tivities should clearly state the threat to inter12 national peace and security presented by the conflict

13 in question, as well as the political and military ob14 jectives, the anticipated duration, and an exit strat15 egy for each activity;

16 (4) the United States should be fully reim17 bursed for troop contributions and assistance pro18 vided to United Nations peacekeeping and peace en19 forcement activities;

20 (5) the United Nations should rarely conduct

21 peace enforcement operations in view of the complex22 ity of such operations and the difficulty of achieving

23 unity of command and expeditious decisionmaking

24 through the United Nations;
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1 (6) United States combat forces should be

2 under the operational control of qualified command3 ers and should have clear and effective command

4 and control arrangements, appropriate rules of en5 gagement, and clear and unambiguous mission state6 ments;

7 (7) United States combat forces should not be

8 under the command and control of foreign com9 manders in peace enforcement operations conducted

10 by the United Nations except in the most extraor11 dinary circumstances; and

12 (8) the Secretary of Defense should have the

13 lead responsibility within the executive branch for

14 the management of peacekeeping and peace enforce15 ment activities of the United Nations in which Unit16 ed States combat forces participate.

17 (b) SUPPORT AUTHORIZED.—(1) Section 403 of title

18 10, United States Code, is amended to read as follows:

19 ‘‘§ 403. International peacekeeping and international

20 peace enforcement: support involving

21 United States combat forces

22 ‘‘(a) AUTHORITY.—Notwithstanding any other provi23 sion of law, the Secretary of Defense may—

24 ‘‘(1) pay, out of funds in the Contributions for

25 International Peacekeeping and Peace Enforcement
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1 Activities Fund established by subsection (g), the

2 United States fair share (as determined by the Sec3 retary) of assessments for international peacekeep4 ing or international peace enforcement activities of

5 the United Nations in which United States combat

6 forces participate; and

7 ‘‘(2) furnish assistance, on a reimbursable

8 basis, in support of such activities.

9 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

10 under this section may include supplies, services, and

11 equipment.

12 ‘‘(c) DETERMINATION REQUIRED.—No assessment

13 may be paid and no assistance may be furnished pursuant

14 to this section unless the President determines that the

15 provision of assistance is in the national interest of the

16 United States.

17 ‘‘(d) ADVANCE NOTICE.—(1) In the case of any inter18 national peacekeeping or international peace enforcement

19 operation of the United Nations in which United States

20 combat forces are to participate, not less than 15 days

21 before an initial deployment of United States combat

22 forces, payment of a United Nations assessment, furnish23 ing of assistance of a value in excess of $14,000,000, or

24 waiver of reimbursement to the United States under sub25 section (e), the President shall transmit to the designated
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1 congressional committees a report, which may be classified

2 in whole or in part, that contains the determination re3 quired by subsection (c) and the following matters:

4 ‘‘(A) A description of the threat to international

5 peace and security presented by the conflict involved.

6 ‘‘(B) The United States interests that will be

7 advanced by the operation and by the United States

8 action.

9 ‘‘(C) The political and military objectives of the

10 operation.

11 ‘‘(D) The exit criteria and likely duration of the

12 operation.

13 ‘‘(E) The personnel and material resources that

14 have been pledged, or are otherwise expected to be

15 made available, by other nations to the United Na16 tions for the operation.

17 ‘‘(F) The units of the armed forces that will

18 participate.

19 ‘‘(G) The necessity for involvement of United

20 States forces.

21 ‘‘(H) The command arrangements for those

22 forces and, if any of the United States forces are to

23 be placed under the operational control of foreign

24 commanders, the justification for doing so.

25 ‘‘(I) The rules of engagement for the operation.
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1 ‘‘(J) An assessment of the risks involved in the

2 operation.

3 ‘‘(K) In the case of payment of an assessment,

4 the amount to be paid and the terms under which

5 the payment is to be made.

6 ‘‘(L) In the case of assistance, the supplies,

7 services, or equipment to be provided by the United

8 States and the terms under which such supplies,

9 services, or equipment are to be provided.

10 ‘‘(M) In the case of a waiver of reimbursement,

11 the justification for the waiver.

12 ‘‘(2) If the President determines that an unforeseen

13 emergency requires the immediate deployment of United

14 States combat troops or the immediate furnishing of as15 sistance of a value in excess of $14,000,000 under this

16 section, the President—

17 ‘‘(A) may waive the requirement of paragraph

18 (1) that a report be transmitted at least 15 days in

19 advance of the action; and

20 ‘‘(B) shall promptly notify the designated com21 mittees of such waiver and such deployment or

22 transfer.

23 ‘‘(e) REIMBURSEMENT.—(1) The President shall re24 quire reimbursement from the United Nations or from any

25 other source for the participation of any force of the
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1 armed forces in support of international peacekeeping or

2 international peace enforcement activities of the United

3 Nations or for the provision of assistance by the Secretary

4 of Defense in support of such activities.

5 ‘‘(2) Any funds received as reimbursements shall be

6 used as follows:

7 ‘‘(A) As a first priority, for the payment of the

8 incremental costs of the military departments and

9 Defense Agencies providing the participating United

10 States forces or the supplies, services, or equipment

11 involved.

12 ‘‘(B) As a second priority, for the payment of

13 the incremental costs of any other United States

14 forces that are operating in support of international

15 peacekeeping or international peace enforcement ac16 tivities but for which reimbursement is not possible.

17 ‘‘(3) After use of reimbursement funds for the pur18 poses specified in paragraph (2), any remainder of such

19 funds shall be credited to the Contributions for Inter20 national Peacekeeping and Peace Enforcement Activities

21 Fund established by subsection (g).

22 ‘‘(4) Reimbursements utilized for the payment of in23 cremental costs shall be credited, at the option of the Sec24 retary of the military department concerned or the head

25 of the Defense Agency concerned, either to an appropria-
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1 tion, fund, or other account obligated to pay such costs

2 or to an appropriate appropriation, fund, or other account

3 available for paying such costs.

4 ‘‘(f) WAIVER OF REIMBURSEMENT.—The President

5 may waive, in whole or in part, any reimbursement re6 quired under subsection (a)(2) or (e) in exceptional cir7 cumstances upon determining that such waiver is in the

8 national interest of the United States.

9 ‘‘(g) ESTABLISHMENT OF ACCOUNT.—There is here10 by established in the Treasury of the United States a fund

11 to be known as the ‘Contributions for International Peace12 keeping and Peace Enforcement Activities Fund’.

13 Amounts appropriated or otherwise credited to the Fund

14 shall be available until expended for, and shall be used

15 for, paying assessments for United Nations operations

16 under this section.

17 ‘‘(h) AUTHORITY INAPPLICABLE WHEN UNITED

18 STATES COMBAT FORCES NOT INVOLVED.—The author19 ity in subsection (a) to pay United Nations assessments

20 for international peacekeeping and international peace en21 forcement activities of the United Nations may not be con22 strued as authorizing payment of United Nations assess23 ments for any such activity in which United States combat

24 forces do not participate.
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1 ‘‘(i) COORDINATION WITH OTHER LAWS.—This sec2 tion may not be construed as superseding any provision

3 of the War Powers Resolution. This section does not pro4 vide authority for the participation of United States com5 bat forces in any international peacekeeping or inter6 national peace enforcement operation.

7 ‘‘(j) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘designated congressional com9 mittees’ means the Committees on Armed Services,

10 Appropriations, and Foreign Relations of the Senate

11 and the Committees on Armed Services, Appropria12 tions, and Foreign Affairs of the House of Rep13 resentatives.

14 ‘‘(2) The term ‘combat forces’ means forces of

15 the armed forces that have combat missions as pri16 mary missions.

17 ‘‘(3) The term ‘international peacekeeping’

18 means those activities performed pursuant to Chap19 ter VI of the United Nations Charter.

20 ‘‘(4) The term ‘international peace enforcement’

21 means those activities performed pursuant to Chap22 ter VII of the United Nations Charter.’’.
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1 (2) The item relating to section 403 in the table of

2 sections at the beginning of subchapter I of chapter 20

3 of such title is amended to read as follows:

‘‘403. International peacekeeping and international peace enforcement: support

involving United States combat forces.’’.

4 (c) AUTHORIZED SUPPORT FOR FISCAL YEAR

5 1995.—Not more than $300,000,000 is authorized to be

6 appropriated for fiscal year 1995 for the Contributions for

7 International Peacekeeping and Peace Enforcement Ac8 tivities Fund under section 301(20).

9 Subtitle E—Reporting

10 Requirements

11 SEC. 1041. REPORT ON OFFENSIVE BIOLOGICAL WARFARE

12 PROGRAM OF THE STATES OF THE FORMER

13 SOVIET UNION.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) The United States has identified non17 proliferation as a high priority in the conduct of

18 United States national security policy.

19 (2) The United States is seeking universal ad20 herence to global regimes that control nuclear, chem21 ical, and biological weapons and is promoting new

22 measures that provide increased transparency of bio23 logical weapons-related activities and facilities in an

24 effort to help deter violations of and enhance compli-
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1 ance with the Biological Weapons Convention

2 (BWC).

3 (3) Questions continue to arise regarding offen4 sive biological weapons research, development, test5 ing production, and storage in the countries of the

6 former Soviet Union as well as in other countries.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the President should continue to urge all

10 signatories to the Biological Weapons Convention to

11 comply fully with the terms of that convention and

12 with other international agreements relating to the

13 control of biological weapons; and

14 (2) as the President encourages increased

15 transparency of biological weapons-related activities

16 and facilities to deter violations of and enhance com17 pliance with the Biological Weapons Convention, the

18 President should also take appropriate actions to en19 sure that the United States is prepared to counter

20 the effects of use of biological weapons by others.

21 (c) REPORT REQUIRED.—Not later than 120 days

22 after the enactment of this Act, the Secretary of Defense

23 shall submit to the congressional defense committees a re24 port on the status of the offensive biological warfare pro-
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1 gram in the Russian Federation and the other independ2 ent states of the former Soviet Union.

3 (d) CONTENT OF REPORT.—The report shall include

4 the following matters:

5 (1) An assessment of the extent of compliance

6 of the independent states of the former Soviet Union

7 with the Biological Weapons Convention and other

8 international agreements relating to the control of

9 biological weapons.

10 (2) An evaluation of the extent of control and

11 oversight by the government of the Russian Federa12 tion over the former Soviet military and dual civil13 ian-military biological warfare programs.

14 (3) The extent, if any, of the biological warfare

15 agent stockpile in any of the independent states of

16 the former Soviet Union.

17 (4) The extent and scope, if any, of continued

18 biological warfare research, development, testing,

19 and production by such state, including the sites and

20 types of activity at those sites.

21 (5) An evaluation of the effectiveness of pos22 sible delivery systems of biological weapons, includ23 ing tube and rocket artillery, bomber aircraft, and

24 ballistic missiles.
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1 (6) An evaluation of United States capabilities

2 to detect and monitor biological warfare research,

3 development, testing, production, and storage.

4 (7) On the basis of the assessment and evalua5 tions referred to in other paragraphs of this sub6 section, recommendations by the Secretary of De7 fense and Chairman of the Joint Chiefs of Staff for

8 the improvement of United States biological warfare

9 defense and counter-measures.

10 (e) FORM OF REPORT.—The Secretary shall submit

11 the report in classified and unclassified versions.

12 (f) DEFINITIONS.—In this section:

13 (1) The term ‘‘Biological Weapons Convention’’

14 means the Convention on the Prohibition, Produc15 tion, and Stockpiling of Bacteriological (Biological)

16 and Toxin Weapons and on Their Destruction, done

17 at Washington, London, and Moscow on April 10,

18 1972.

19 (2) The term ‘‘independent states of the former

20 Soviet Union’’ has the same meaning given that

21 term in section 3 of the FREEDOM Support Act

22 (22 U.S.C. 5801).
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1 SEC. 1042. TERMINATION OF CERTAIN DEPARTMENT OF DE2 FENSE REPORTING REQUIREMENTS.

3 (a) IMMEDIATE TERMINATION.—Except as provided

4 in subsection (c), notwithstanding the date set forth in

5 subsection (a) of section 1151 of the National Defense Au6 thorization Act for Fiscal Year 1994 (Public Law 103–

7 160; 107 Stat. 1758; 10 U.S.C. 113 note), the reporting

8 requirements referred to in subsection (b) are terminated

9 effective on the date of the enactment of this Act.

10 (b) APPLICABILITY.—Subsection (a) applies to each

11 reporting requirement specified in enclosures 1 and 2 of

12 the letter, dated April 29, 1994, by which the Director

13 for Administration and Management, Office of the Sec14 retary Defense, citing the authority of the provision of law

15 referred to in subsection (a), submitted a list of reporting

16 requirements recommended for termination by the Depart17 ment of Defense.

18 (c) PRESERVATION OF REQUIREMENTS.—(1) The re19 porting requirements set forth in the provisions of law re20 ferred to in paragraph (2) shall not terminate under sub21 section (a) of section 1151 of the National Defense Au22 thorization Act for Fiscal Year 1994 (Public Law 103–

23 160; 107 Stat. 1758; 10 U.S.C. 113 note).

24 (2) Paragraph (1) applies to the following reports:

25 (A) Reports required under the following provi26 sions of title 10, United States Code:
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1 (i) Section 2662, relating to reports on

2 real property transactions.

3 (ii) Section 2672a(b), relating to reports

4 on urgent acquisitions of land.

5 (iii) Section 2687(b)(1), relating to notifi6 cations of certain base closures and

7 realignments.

8 (iv) Section 2690(b)(2), relating to notifi9 cations of proposed conversions of heating fa10 cilities at United States installations in Europe.

11 (v) Section 2804(b), relating to reports on

12 contingency military construction projects.

13 (vi) Section 2806(c)(2), relating to reports

14 on contributions for NATO infrastructure in ex15 cess of amounts appropriated for such contribu16 tions.

17 (vii) Subsections (b) and (c) of section

18 2807, relating to notifications and reports on

19 architectural and engineering services and con20 struction design.

21 (viii) Section 2823(b), relating to notifica22 tions regarding disagreements between certain

23 officials on the availability of locations for suit24 able alternative housing for the Department of

25 Defense.
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1 (ix) Subsections (b) and (c) of section

2 2825, relating to notifications regarding im3 provements of family housing or construction of

4 replacement family housing.

5 (x) Section 2827(b), relating to notifica6 tions regarding relocation of military family

7 housing units.

8 (xi) Section 2835(g)(1), relating to eco9 nomic analyses on the cost effectiveness of leas10 ing family housing to be constructed or rehabili11 tated.

12 (xii) Section 2861(a), relating to the an13 nual report on military construction activities

14 and family housing activities.

15 (xiii) Subsections (e) and (f) of section

16 2865, relating to notifications regarding unau17 thorized energy conservation construction

18 projects and an annual report regarding energy

19 conservation actions.

20 (B) Reports required under the following provi21 sions of title 37, United States Code:

22 (i) Section 406(i), relating to the annual

23 report regarding dependents accompanying

24 members stationed outside the United States in
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1 relation to the eligibility of such members to re2 ceive travel and transportation allowances.

3 (ii) Section 1008(a), relating to the annual

4 report by the President on adjustments of rates

5 of pay and allowances for members of the uni6 formed services.

7 (C) Reports required under the following provi8 sions of law:

9 (i) Section 326(a)(5) of the National De10 fense Authorization Act for Fiscal Year 1993

11 (Public Law 102–484; 106 Stat. 2368; 10

12 U.S.C. 2301 note), relating to reports on use of

13 certain ozone-depleting substances.

14 (ii) Subsections (e) and (f) of section 2921

15 of the National Defense Authorization Act for

16 Fiscal Year 1991 (10 U.S.C. 2687 note), relat17 ing to notifications regarding negotiations for

18 payments-in-kind for the release of improve19 ments at overseas military installations to host

20 countries and an annual report on the status

21 and use of the Department of Defense Overseas

22 Military Facility Investment Recovery Account.

23 (iii) Section 1505(f)(3) of the Military

24 Child Care Act of 1989 (title XV of Public Law

25 101–189; 103 Stat. 1594; 10 U.S.C. 113 note),
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1 relating to reports on closures of military child

2 development centers.

3 (iv) Subsections (a) and (d) of section 7 of

4 the Organotin Antifouling Paint Control Act of

5 1988 (Public Law 100–133; 102 Stat. 607; 33

6 U.S.C. 2406), relating to the annual report on

7 the monitoring of estuaries and near-coastal

8 waters for concentrations of organotin.

9 Subtitle F—Acceptance of Pre-re10 lease Services of Nonviolent Of11 fenders

12 SEC. 1051. USE OF INMATE LABOR AT MILITARY INSTALLA13 TIONS.

14 (a) USE OF INMATE LABOR AUTHORIZED.—Chapter

15 155 of title 10, United States Code, is amended by adding

16 at the end the following new section:

17 ‘‘§ 2610. Acceptance of services of inmates of State

18 and local correctional facilities

19 ‘‘(a) USE OF INMATE LABOR.—Subject to subsection

20 (c), the Secretary of a military department may accept in

21 accordance with this section the services of nonviolent of22 fenders incarcerated in a correctional facility of a State

23 or local government. Services so accepted shall be per24 formed at a military installation in the vicinity of the cor25 rectional facility pursuant to an agreement entered into
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1 by the Secretary and the chief executive of the State or

2 local government.

3 ‘‘(b) AUTHORIZED SERVICES.—The services author4 ized to be accepted are as follows:

5 ‘‘(1) Construction, maintenance, or repair of

6 roads.

7 ‘‘(2) Construction of levees or other flood pre8 vention structures.

9 ‘‘(3) Construction, maintenance, or repair of

10 any other public ways or works.

11 ‘‘(4) Clearance, maintenance, or reforesting of

12 public lands.

13 ‘‘(5) Custodial services.

14 ‘‘(c) CONDITIONS FOR ACCEPTANCE OF SERVICES.—

15 The Secretary may accept the services of nonviolent of16 fenders for a military installation under this section only

17 if the Secretary finds that—

18 ‘‘(1) Federal Government employees and con19 tractor employees performing services at the installa20 tion will not be displaced;

21 ‘‘(2) no contract for the provision of services at

22 the installation will otherwise be impaired; and

23 ‘‘(3) in the case of services in any skill, craft,

24 or trade, there is no surplus of labor for hire in such
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1 skill, craft, or trade in the vicinity of the installa2 tion.

3 ‘‘(d) LIMITATION ON PAYMENTS TO CUSTODIAL GOV4 ERNMENTS.—(1) Except as provided in paragraph (2), the

5 Secretary of a military department may not compensate

6 a State or local government for the costs incurred by such

7 government in the provision of services accepted under

8 this section.

9 ‘‘(2) The Secretary may—

10 ‘‘(A) reimburse a State or local government for

11 administrative and other costs directly incurred by

12 that government in making available and supervising

13 offenders as they provide services accepted under

14 this section; and

15 ‘‘(B) pay a nominal amount to the State or

16 local government in order to support any alcohol and

17 drug abuse treatment programs conducted by that

18 government for the offenders who provide such serv19 ices.

20 ‘‘(e) PROHIBITION ON COMPENSATION OF IN21 MATES.—The Secretary may not compensate any offender

22 for services accepted under this section.

23 ‘‘(f) SUPPORT AUTHORIZED.—The Secretary may

24 provide equipment, supplies, or other materials to be used
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1 by offenders in the provision of services accepted under

2 this section.

3 ‘‘(g) INAPPLICABILITY OF OTHER LAWS.—The fol4 lowing provisions of law shall not apply with respect to

5 services accepted under this section:

6 ‘‘(1) Section 1342 of title 31.

7 ‘‘(2) The Fair Labor Standards Act of 1938

8 (29 U.S.C. 201 et seq.).

9 ‘‘(3) The Act entitled ‘An Act relating to the

10 rate of wages for laborers and mechanics employed

11 on public buildings of the United States and the

12 District of Columbia by contractors and subcontrac13 tors, and for other purposes’, approved March 3,

14 1931 (46 Stat. 1494; 40 U.S.C. 276a et seq.), com15 monly referred to as the ‘Davis-Bacon Act’.

16 ‘‘(4) The Act entitled ‘An Act to provide condi17 tions for the purchases of supplies and the making

18 of contracts by the United States, and for other pur19 poses’, approved June 30, 1936 (49 Stat. 2036; 41

20 U.S.C. 35 et seq.), commonly referred to as the

21 ‘Walsh-Healey Act’.

22 ‘‘(5) The Service Contract Act of 1965 (41

23 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 TRAINING.—

14 ’’; 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—Discrimination and

17 Sexual Harassment

18 SEC. 1056. DEPARTMENT OF DEFENSE POLICIES AND PRO19 CEDURES ON DISCRIMINATION AND SEXUAL

20 HARASSMENT.

21 (a) MILITARY DEPARTMENT POLICIES.—(1) Subject

22 to paragraph (2), the Secretary of the Navy and the Sec23 retary of the Air Force shall review and revise the regula24 tions of the Department of the Navy and the Department

25 of the Air Force, respectively, relating to equal oppor-
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1 tunity policy and complaint procedures to ensure that the

2 such regulations are substantially equivalent to the regula3 tions of the Army on such matters.

4 (2) In revising regulations pursuant to paragraph

5 (1), the Secretary of the Navy or the Secretary of the Air

6 Force, as the case may be, may make such additions and

7 modifications as the Secretary of Defense determines ap8 propriate to strengthen the regulations beyond the sub9 stantial equivalent of the Army regulations in accordance

10 with—

11 (A) the recommendations of the Department of

12 Defense Task Force on Discrimination and Sexual

13 Harassment; and

14 (B) the experience of the Army, Navy, Air

15 Force, and Marine Corps regarding equal oppor16 tunity cases.

17 (3) The Secretary of the Army shall review the regu18 lations of the Department of the Army relating to equal

19 opportunity policy and complaint procedures and revise

20 the regulations as the Secretary of Defense considers ap21 propriate to strengthen the regulations in accordance with

22 the recommendations and experience described in subpara23 graphs (A) and (B) of paragraph (2).

24 (b) REQUIREMENTS REGARDING REPORT OF TASK

25 FORCE ON DISCRIMINATION AND SEXUAL HARASS-
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1 MENT.—(1) The Department of Defense Task Force on

2 Discrimination and Sexual Harassment shall transmit the

3 report of the task force to the Secretary of Defense not

4 later than October 1, 1994.

5 (2) The Secretary of Defense shall transmit to Con6 gress the report of the task force not later than October

7 10, 1994.

8 (3) Not later than 45 days after receiving the report,

9 the Secretary of Defense shall—

10 (A) review the recommendations for action con11 tained in such report;

12 (B) determine which recommendations the Sec13 retary approves for implementation and which rec14 ommendations the Secretary disapproves; and

15 (C) submit to Congress a report that—

16 (i) identifies the approved recommenda17 tions and the disapproved recommendations;

18 and

19 (ii) explains the reasons for each such ap20 proval and disapproval.

21 (4) The Secretary of Defense shall implement the ap22 proved recommendations not later than April 1, 1995.

23 (c) The Advisory Board or the investigative capability

24 of the Department of Defense should consider and include

25 in its report—
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1 (1) whether the Department of Defense should

2 establish a separate unit to oversee all matters relat3 ed to allegations of discrimination or sexual mis4 conduct in the Department of Defense; and

5 (2) whether additional data collection and re6 porting procedures are needed to enhance the ability

7 of the Department of Defense to deal with sexual

8 misconduct.

9 (d) The Secretary of Defense shall ensure that regu10 lations governing consideration of equal opportunity mat11 ters in performance evaluations include consideration of

12 an individual’s commitment to elimination of discrimina13 tion or of sexual harassment.

14 Subtitle H—Other Matters

15 SEC. 1061. REDESIGNATION OF UNITED STATES COURT OF

16 MILITARY APPEALS AND THE COURTS OF

17 MILITARY REVIEW.

18 (a) UNITED STATES COURT OF APPEALS FOR THE

19 ARMED SERVICES.—Section 941 of title 10, United States

20 Code (article 141 of the Uniform Code of Military Jus21 tice), is amended by striking out ‘‘United States Court of

22 Military Appeals’’ and inserting in lieu thereof ‘‘United

23 States Court of Appeals for the Armed Services’’.

24 (b) COURTS OF MILITARY CRIMINAL APPEALS.—Sec25 tion 866 of title 10, United States Code (article 66 of the
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1 Uniform Code of Military Justice), is amended by striking

2 out ‘‘Court of Military Review’’ each place it appears and

3 inserting in lieu thereof ‘‘Court of Military Criminal Ap4 peals’’.

5 (c) CONFORMING AMENDMENTS TO TITLE 10.—(1)

6 The following sections of title 10, United States Code, are

7 amended by striking out ‘‘Court of Military Appeals’’ each

8 place it appears and inserting in lieu thereof ‘‘Court of

9 Appeals for the Armed Services’’: sections 707(a)(2),

10 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944,

11 945, and 946(b)(1).

12 (2) The following sections of title 10, United States

13 Code, are amended by striking out ‘‘Court of Military Re14 view’’ each place it appears and inserting in lieu thereof

15 ‘‘Court of Military Criminal Appeals’’: sections 707(a)(2),

16 862(b), 867, 868, 869, 870, 871, and 873.

17 (3)(A) The heading of subchapter XII of chapter 47

18 of such title is amended to read as follows:

19 ‘‘SUBCHAPTER XII—UNITED STATES COURT OF

20 APPEALS FOR THE ARMED SERVICES’’.

21 (B) The table of subchapters at the beginning of

22 chapter 47 of such title is amended by striking out the

23 item relating to subchapter XII and inserting in lieu there24 of the following:

‘‘XII. United States Court of Appeals for the Armed Services ....... 941 141’’.
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1 (4)(A) The heading of section 866 of such title is

2 amended to read as follows:

3 ‘‘§ 867. Art. 66. Review by Court of Military Criminal

4 Appeals’’.

5 (B) The heading of section 867 of such title is

6 amended to read as follows:

7 ‘‘§ 867. Art. 67. Review by the Court of Appeals for the

8 Armed Services’’.

9 (C) The table of sections at the beginning of sub10 chapter IX of chapter 47 of such title is amended by strik11 ing out the items relating to sections 866 and 867 (articles

12 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.’’.

13 (d) CONFORMING AMENDMENTS TO OTHER UNITED

14 STATES CODE TITLES.—(1) The following provisions of

15 the United States Code are amended by striking out

16 ‘‘Court of Military Appeals’’ each place it appears and in17 serting in lieu thereof ‘‘Court of Appeals for the Armed

18 Services’’:

19 (A) In title 5, sections 8334(a)(1), 8336(l),

20 8337(a), 8338(c), 8339(d)(7), and 8339(h) and the

21 table in 8334(c).

22 (B) In title 18, sections 202(e)(2) and 6001(4).

23 (C) In title 28, sections 1259 and 2101(g).

24 (D) In title 44, section 906.
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1 (2)(A) The heading of section 1259 of title 28, Unit2 ed States Code, is amended to read as follows:

3 ‘‘§ 1259. Court of Appeals for the Armed Services; cer4 tiorari’’.

5 (B) The table of sections at the beginning of chapter

6 81 of such title is amended by striking out the item relat7 ing to section 1259 and inserting in lieu thereof the follow8 ing:

‘‘1259. Court of Appeals for the Armed Services; certiorari.’’.

9 (e) CONFORMING AMENDMENT TO OTHER LAW.—

10 Section 109 of the Ethics in Government Act of 1978 (5

11 U.S.C. App.) is amended by striking out ‘‘Court of Mili12 tary Appeals’’ each place it appears in paragraphs (8) and

13 (10) and inserting in lieu thereof ‘‘Court of Appeals for

14 the Armed Services’’.

15 SEC. 1062. ASSISTANCE TO FAMILY MEMBERS OF CERTAIN

16 POW/MIAS WHO REMAIN UNACCOUNTED FOR.

17 (a) SINGLE POINT OF CONTACT.—The Secretary of

18 Defense shall designate an official of the Department of

19 Defense to serve as a single point of contact within the

20 department—

21 (1) for the immediate family members (or their

22 designees) of any unaccounted-for Korean conflict

23 POW/MIA; and
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1 (2) for the immediate family members (or their

2 designees) of any unaccounted-for Cold War POW/

3 MIA.

4 (b) FUNCTIONS.—The official designated under sub5 section (a) shall serve as a liaison between the family

6 members of unaccounted-for Korean conflict POW/MIAs

7 and unaccounted-for Cold War POW/MIAs and the De8 partment of Defense and other Federal departments and

9 agencies that may hold information that may related to

10 such POW/MIAs. The functions of that official shall in11 clude assisting family members—

12 (1) with the procedures the family may follow

13 in their search for information about the unac14 counted-for Korean conflict POW/MIA or unac15 counted-for Cold War POW/MIA, as the case may

16 be;

17 (2) in learning where they may locate informa18 tion about the unaccounted-for POW/MIA; and

19 (3) in learning how and where to identify classi20 fied records that contain pertinent information and

21 that will be declassified.

22 (c) ASSISTANCE IN OBTAINING DECLASSIFICA23 TION.—The official designated under subsection (a) shall

24 seek to obtain the rapid declassification of any relevant

25 classified records that are identified.
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1 (d) REPOSITORY.—The official designated under sub2 section (a) shall provide for a centralized repository for

3 all documents relating to unaccounted-for Korean conflict

4 POW/MIAs and unaccounted-for Cold War POW/MIAs

5 that are located as a result of the official’s efforts.

6 (e) DEFINITIONS.—For purposes of this section:

7 (1) The term ‘‘unaccounted-for Korean conflict

8 POW/MIA’’ means a member of the Armed Forces

9 or civilian employee of the United States who, as a

10 result of service during the Korean conflict, was at

11 any time classified as a prisoner of war or missing12 in-action or otherwise unaccounted for and whose

13 person or remains have not been returned to the

14 United States and who remains unaccounted for.

15 (2) The term ‘‘unaccounted-for Cold War POW/

16 MIA’’ means a member of the Armed Forces or ci17 vilian employee of the United States who, as a result

18 of service during the period from September 2,

19 1945, to August 21, 1991, was at any time classified

20 as a prisoner of war or missing-in-action or other21 wise unaccounted for and whose person or remains

22 have not been returned to the United States and

23 who remains unaccounted for.
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1 (3) The term ‘‘Korean conflict’’ has the mean2 ing given such term in section 101(9) of title 38,

3 United States Code.

4 SEC. 1063. NATIONAL GUARD ASSISTANCE FOR CERTAIN

5 YOUTH AND CHARITABLE ORGANIZATIONS.

6 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Chapter

7 5 of title 32, United States Code, is amended by adding

8 at the end the following:

9 ‘‘§ 508. Assistance for certain youth and charitable or10 ganizations

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

12 and units of the National Guard may provide the services

13 described in subsection (b) to an eligible organization in

14 conjunction with training required under this chapter in

15 any case in which—

16 ‘‘(1) the provision of such services does not ad17 versely affect the quality of that training or other18 wise interfere with the ability of a member or unit

19 of the National Guard to perform the military func20 tions of the member or unit;

21 ‘‘(2) the services to be provided are not com22 mercially available, or any commercial entity that

23 would otherwise provide such services has approved,

24 in writing, the provision of such services by the Na25 tional Guard;
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1 ‘‘(3) National Guard personnel will enhance

2 their military skills as a result of providing such

3 services; and

4 ‘‘(4) the provision of the services will not result

5 in a significant increase in the cost of the training.

6 ‘‘(b) AUTHORIZED SERVICES.—The services author7 ized to be provided under subsection (a) are as follows:

8 ‘‘(1) Ground transportation.

9 ‘‘(2) Air transportation in support of Special

10 Olympics.

11 ‘‘(3) Administrative support services.

12 ‘‘(4) Technical training services.

13 ‘‘(5) Emergency medical assistance and serv14 ices.

15 ‘‘(6) Communications services.

16 ‘‘(7) Security services.

17 ‘‘(c) OTHER AUTHORIZED ASSISTANCE.—Facilities

18 and equipment of the National Guard, including military

19 property of the United States issued to the National

20 Guard and General Services Administration vehicles

21 leased to the National Guard, and General Services Ad22 ministration vehicles leased to the Department of Defense,

23 may be used in connection with providing services to any

24 eligible organization under this section.
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1 ‘‘(d) ELIGIBLE ORGANIZATIONS.—The organizations

2 eligible to receive services under this section are as follows:

3 ‘‘(1) The Boy Scouts of America.

4 ‘‘(2) The Girl Scouts of America.

5 ‘‘(3) The Boys Clubs of America.

6 ‘‘(4) The Girls Clubs of America.

7 ‘‘(5) The Young Men’s Christian Association.

8 ‘‘(6) The Young Women’s Christian Associa9 tion.

10 ‘‘(7) The Civil Air Patrol.

11 ‘‘(8) The United States Olympic Committee.

12 ‘‘(9) The Special Olympics.

13 ‘‘(10) The Campfire Boys.

14 ‘‘(11) The Campfire Girls.

15 ‘‘(12) The 4–H Club.

16 ‘‘(13) The Police Athletic League.

17 ‘‘(14) Any other youth or charitable organiza18 tion designated by the Secretary of Defense.’’.

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

20 at the beginning of such chapter is amended by adding

21 at the end the following:

‘‘508. Assistance for certain youth and charitable organizations.’’.

22 SEC. 1064. DEFENSE MAPPING AGENCY.

23 (a) UNAUTHORIZED USE OF NAME.—Chapter 167 of

24 title 10, United States Code, is amended by adding at the

25 end the following new section:
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1 ‘‘§ 2798. Unauthorized use of Defense Mapping Agen2 cy name, initials, or seal

3 ‘‘(a) No person may, except with the written permis4 sion of the Secretary of Defense, knowingly use the words

5 ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of

6 the Defense Mapping Agency, or any colorable imitation

7 of such words, initials, or seal in connection with any mer8 chandise, retail product, impersonation, solicitation or

9 commercial activity in a manner reasonably calculated to

10 convey the impression that such use is approved, endorsed,

11 or authorized by the Secretary of Defense.

12 ‘‘(b) Whenever it appears to the Attorney General

13 that any person is engaged or about to engage in an act

14 or practice which constitutes or will constitute conduct

15 prohibited by subsection (a), the Attorney General may

16 initiate a civil proceeding in a district court of the United

17 States to enjoin such act or practice. Such court shall pro18 ceed as soon as practicable to hearing and determination

19 of such action and may, at any time before such final de20 termination, enter such restraining orders or prohibitions,

21 or take such other action as is warranted, to prevent in22 jury to the United States or to any person or class of per23 sons for whose protection the action is brought.’’.

24 (b) LIMITATION ON LIABILITY RELATING TO NAVI25 GATIONAL AIDS.—Chapter 167 of such title, as amended
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1 by subsection (a), is further amended by adding at the

2 end the following new section:

3 ‘‘§ 2799. Civil actions barred

4 ‘‘(a) CLAIMS BARRED.—No civil action may be

5 brought against the United States on the basis of the con6 tent of a navigational aid prepared or disseminated by the

7 Defense Mapping Agency.

8 ‘‘(b) NAVIGATIONAL AIDS COVERED.—Subsection (a)

9 applies with respect to a navigational aid in the form of

10 a map, a chart, or a publication and any other form or

11 medium of product or information in which the Defense

12 Mapping Agency prepares or disseminates navigational

13 aids.’’.

14 (c) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of such chapter is amended by adding

16 at the end the following new item:

‘‘2798. Unauthorized use of Defense Mapping Agency name, initials, or seal.

‘‘2799. Civil actions barred.’’.

17 (d) EFFECTIVE DATE.—Section 2799 of title 10,

18 United States Code, as added by subsection (b), shall take

19 effect on the date of the enactment of this Act and shall

20 apply with respect to (1) civil actions brought before such

21 date that are pending adjudication on such date, and (2)

22 civil actions brought on or after such date.
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1 SEC. 1065. TRANSFER OF NAVAL VESSELS TO BRAZIL.

2 (a) AUTHORITY.—The Secretary of the Navy is au3 thorized to transfer to the Government of Brazil the

4 ‘‘KNOX’’ class frigates, MILLER (FF 1091) and

5 VALDEZ (FF 1096). Such transfers shall be on a lease

6 basis under chapter 6 of the Arms Export Control Act

7 (22 U.S.C. 2796 et seq.).

8 (b) WAIVER OF REQUIREMENTS FOR NOTIFICATION

9 TO CONGRESS.—Section 62 of the Arms Export Control

10 Act does not apply with respect to a lease authorized by

11 subsection (a), except that section 62 of such Act shall

12 apply to any renewal of the lease.

13 (c) COSTS OF TRANSFERS.—Any expense of the

14 United States in connection with a transfer authorized by

15 subsection (a) shall be charged to the Government of

16 Brazil.

17 (d) EXPIRATION OF AUTHORITY.—The authority

18 granted by subsection (a) shall expire at the end of the

19 2-year period beginning on the date of the enactment of

20 this Act, except that leases entered into during that period

21 may be renewed.

22 SEC. 1066. TRANSFERS OF M1A1 TANKS TO THE MARINE

23 CORPS.

24 (a) TRANSFER REQUIRED.—Subject to subsection

25 (b), as M1A1 tanks of the Army become excess to the re26 quirements of the active component of the Army, the Sec-
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1 retary of the Army shall transfer to the Marine Corps,

2 at no expense to the Army, as many of such tanks as are

3 necessary to satisfy the requirements of the Marine Corps

4 for tanks, as determined by the Secretary of Defense.

5 (b) TRANSFER LIMITS.—The Secretary of the Army

6 shall transfer under subsection (a) 84 M1A1 tanks se7 lected by the Secretary of the Army.

8 (c) EXCLUSION OF CERTAIN TRANSFERS.—If any of

9 the tanks transferred under subsection (a) are transferred

10 to the Marine Corps Reserve, the number of tanks not

11 in excess of 48 that are so transferred shall not be counted

12 for purposes of subsection (b).

13 (d) LIMITATION ON TRANSFERS TO ARMY NATIONAL

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

15 Secretary of the Army shall transfer not more than one

16 M1A1 tank to the National Guard for each M1A1 tank

17 transferred to the Marine Corps until the Secretary has

18 transferred the total number of tanks required in sub19 section (b). The tanks transferred to the Marine Corps

20 shall be in a material condition comparable to the material

21 condition of the tanks transferred to the National Guard.
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1 (e) TREATMENT OF CERTAIN TRANSFERRED TANKS

2 UNDER LIMITATIONS.—The transfer of a tank under sec3 tion 112 shall not be counted for purposes of subsection

4 (a), (b), (c), or (d).

5 SEC. 1067. LIMITATION REGARDING MERGER OF TELE6 COMMUNICATIONS SYSTEMS.

7 (a) LIMITATION.—Funds available to the Depart8 ment of Defense may not be expended to merge defense

9 telecommunications systems with the telecommunications

10 system known as ‘‘FTS–2000’’ or with any other civil tele11 communications system until—

12 (1) the Secretary of Defense submits to the

13 congressional defense committees a report contain14 ing—

15 (A) a certification by the Secretary that

16 the merged telecommunications systems, includ17 ing the associated services, will provide assured,

18 secure telecommunications support for Depart19 ment of Defense activities; and

20 (B) a description of how the merger of the

21 systems will be implemented and the merged

22 systems will be managed to meet defense infor23 mation infrastructure requirements, including

24 requirements to support deployed forces and in25 telligence activities; and
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1 (2) 30 days elapse after the date on which such

2 report is received by the committees.

3 (b) DEFENSE TELECOMMUNICATIONS ACTIVITY DE4 FINED.—In this section, the term ‘‘defense telecommuni5 cations system’’ means a system of telecommunications

6 equipment and services that, pursuant to section 2315 of

7 title 10, United States Code, is exempt from the require8 ments of section 111 of the Federal Property and Admin9 istrative Services Act of 1949.

10 SEC. 1068. ACQUISITION OF STRATEGIC SEALIFT SHIPS.

11 (a) AMOUNT FOR SHIPBUILDING AND CONVER12 SION.—Notwithstanding section 102(3), there is hereby

13 authorized to be appropriated for the Navy for fiscal year

14 1995, $5,532,007,000 for procurement for shipbuilding

15 and conversion.

16 (b) NATIONAL DEFENSE SEALIFT FUND.—Notwith17 standing section 302(2), there is hereby authorized to be

18 appropriated for the Armed Forces and other activities

19 and agencies of the Department of Defense $828,600,000

20 for providing capital for the National Defense Sealift

21 Fund.
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1 SEC. 1069. REQUIREMENT FOR SECRETARY OF DEFENSE TO

2 SUBMIT RECOMMENDATIONS ON CERTAIN

3 PROVISIONS OF LAW CONCERNING MISSING

4 PERSONS.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The families of American personnel who be8 came prisoners of war or missing in action while

9 serving in the Armed Forces of the United States

10 and national veterans organizations have expressed

11 concern to Congress for several years regarding pro12 visions of chapter 10 of title 37, United States Code,

13 relating to missing persons, that authorize the Sec14 retaries of the military departments to declare miss15 ing Armed Forces personnel dead based solely on

16 the passage of time.

17 (2) Proposed legislation concerning revisions to

18 those provisions of law has been pending before Con19 gress for several years.

20 (3) It is important for Congress to obtain the

21 views of the Secretary of Defense with respect to the

22 appropriateness of revising those provisions of law

23 before acting further on proposed amendments to

24 such provisions.

25 (b) RECOMMENDATIONS REQUIRED.—Not later than

26 180 days after the date of the enactment of this Act, the
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1 Secretary of Defense, in consultation with the Secretaries

2 of the military departments, the national POW/MIA fam3 ily organizations, and the national veterans organizations,

4 shall—

5 (1) conduct a review of the provisions of chap6 ter 10 of title 37, United States Code, relating to

7 missing persons; and

8 (2) submit to Congress the Secretary’s rec9 ommendations as to whether those provisions of law

10 should be amended.

11 SEC. 1070. CONTACT BETWEEN THE DEPARTMENT OF DE12 FENSE AND THE MINISTRY OF NATIONAL DE13 FENSE OF CHINA ON POW/MIA ISSUES.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) The Select Committee on POW/MIA Affairs

17 of the Senate concluded in its final report, dated

18 January 13, 1993, that ‘‘many American POW’s

19 had been held in China during the Korean conflict

20 and that foreign POW camps in both China and

21 North Korea were run by Chinese officials’’ and,

22 further, that ‘‘given the fact that only 26 Army and

23 15 Air Force personnel returned from China follow24 ing the war, the committee can now firmly conclude

25 that the People’s Republic of China surely has infor-
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1 mation on the fate of other unaccounted for Amer2 ican POW’s from the Korean conflict.’’.

3 (2) The Select Committee on POW/MIA Affairs

4 recommended in such report that ‘‘the Department

5 of State and Defense form a POW/MIA task force

6 on China similar to Task Force Russia.’’.

7 (3) Neither the Department of Defense nor the

8 Department of State has held substantive discus9 sions with officials from the People’s Republic of

10 China concerning unaccounted for American pris11 oners of war of the Korean conflict.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Secretary of Defense should establish con14 tact with officials of the Ministry of Defense of the Peo15 ple’s Republic of China regarding unresolved issues relat16 ing to American prisoners of war and American personnel

17 missing in action as a result of the Korean conflict.

18 SEC. 1071. DISCLOSURE OF INFORMATION CONCERNING

19 UNACCOUNTED FOR UNITED STATES PER20 SONNEL FROM THE KOREAN CONFLICT, AND

21 THE COLD WAR.

22 Section 1082 of the National Defense Authorization

23 Act for Fiscal Years 1992 and 1993 (Public Law 102–

24 190; 50 U.S.C. 401 note) is amended—
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1 (1) in subsection (a), by striking out paragraph

2 (2) and inserting in lieu thereof the following:

3 ‘‘(2) Paragraph (1) applies to any record, live-sight4 ing report, or other information in the custody of the offi5 cial custodian referred to in subsection (d)(3) that may

6 pertain to the location, treatment, or condition of (i) Unit7 ed States personnel who remain not accounted for as a

8 result of service in the Armed Forces of the United States

9 or other Federal Government service during the Korean

10 conflict, the Vietnam era, or the Cold War, or (ii) their

11 remains.’’;

12 (2) in subsection (c)—

13 (A) by striking out the first sentence in

14 paragraph (1) and inserting in lieu thereof the

15 following: ‘‘In the case of records or other infor16 mation originated by the Department of De17 fense, the official custodian shall make such

18 records and other information available to the

19 public pursuant to this section not later than

20 September 30, 1995.’’;

21 (B) in paragraph (2), by striking out

22 ‘‘after March 1, 1992,’’; and

23 (C) in paragraph (3), by striking out ‘‘a

24 Vietnam-era POW/MIA who may still be alive

25 in Southeast Asia,’’ and inserting in lieu thereof
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1 ‘‘any United States personnel referred to in

2 subsection (a)(2) who remain not accounted for

3 but who may still be alive in captivity,’’;

4 (3) by striking out subsection (d) and inserting

5 in lieu thereof the following:

6 ‘‘(d) DEFINITIONS.—For purposes of this section:

7 ‘‘(1) The terms ‘Korean conflict’ and ‘Vietnam

8 era’ have the meanings given those terms in section

9 101 of title 38, United States Code.

10 ‘‘(2) The term ‘Cold War’ shall have the mean11 ing determined by the Secretary of Defense.

12 ‘‘(3) The term ‘official custodian’ means—

13 ‘‘(A) in the case of records, reports, and

14 information relating to the Korean conflict or

15 the Cold War, the Archivist of the United

16 States; and

17 ‘‘(B) in the case of records, reports, and

18 information relating to the Vietnam era, the

19 Secretary of Defense.’’; and

20 (4) by striking out the section heading and in21 serting in lieu thereof the following new section

22 heading:
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1 ‘‘SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING

2 UNACCOUNTED FOR UNITED STATES PER3 SONNEL OF THE COLD WAR, THE KOREAN

4 CONFLICT, AND THE VIETNAM ERA.’’.

5 SEC. 1072. REQUIREMENT FOR CERTIFICATION BY SEC6 RETARY OF DEFENSE CONCERNING DECLAS7 SIFICATION OF VIETNAM-ERA POW/MIA

8 RECORDS.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) The Senate, by Senate Resolution 324,

12 102d Congress, 2d session, agreed to on July 2,

13 1992, unanimously requested the President to ‘‘ex14 peditiously issue an Executive Order requiring all

15 executive branch departments and agencies to de16 classify and publicly release without compromising

17 United States national security all documents, files,

18 and other materials pertaining to POW’s and

19 MIA’s.’’.

20 (2) The President, in an executive order dated

21 July 22, 1992, ordered declassification of all United

22 States Government documents, files, and other ma23 terials pertaining to American personnel who became

24 prisoners of war or missing in action in Southeast

25 Asia.
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1 (3) The President stated on Memorial Day of

2 1993 that all such documents, files, and other mate3 rials pertaining to the personnel covered by that ex4 ecutive order should be declassified by Veterans Day

5 of 1993.

6 (4) The President declared on Veterans Day of

7 1993 that all such documents, files, and other mate8 rials had been declassified.

9 (5) Nonetheless, since that Veterans Day dec10 laration in 1993, there have been found still classi11 fied more United States Government documents,

12 files, and other materials pertaining to American

13 personnel who became prisoners of war or missing in

14 action in Southeast Asia.

15 (b) REVIEW AND CERTIFICATION.—Not later than 60

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall—

18 (1) conduct a review to determine whether there

19 continue to exist in classified form documents, files,

20 or other materials pertaining to American personnel

21 who became prisoners of war or missing in action in

22 Southeast Asia that should be declassified in accord23 ance with Senate Resolution 324, 102d Congress, 2d

24 session, agreed to on July 2, 1992, and the executive

25 order of July 22, 1992; and
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1 (2) certify to Congress that all documents, files,

2 and other materials pertaining to such personnel

3 have been declassified and specify in the certification

4 the date on which the declassification was completed.

5 SEC. 1073. INFORMATION CONCERNING UNACCOUNTED

6 FOR UNITED STATES PERSONNEL OF THE

7 VIETNAM CONFLICT.

8 Not later than 45 days after the date of the enact9 ment of this Act, the Secretary of Defense shall submit

10 to Congress the following information pertaining to United

11 States personnel involved in the Vietnam conflict that re12 main not accounted for:

13 (1) A complete listing by name of all such per14 sonnel about whom it is possible that officials of the

15 Socialist Republic of Vietnam can produce additional

16 information or remains that could lead to the maxi17 mum possible accounting for those personnel, as de18 termined on the basis of all information available to

19 the United States Government.

20 (2) A complete listing by name of all such per21 sonnel about whom it is possible that officials of the

22 Lao People’s Democratic Republic can produce addi23 tional information or remains that could lead to the

24 maximum possible accounting for those personnel, as
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1 determined on the basis of all information available

2 to the United States Government.

3 SEC. 1074. REPORT ON POW/MIA MATTERS CONCERNING

4 NORTH KOREA.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The Select Committee on POW/MIA Affairs

8 of the Senate concluded in its final report, dated

9 January 13, 1994, that ‘‘it is likely that a large

10 number of possible MIA remains can be repatriated

11 and several records and documents on unaccounted

12 for POW’s and MIA’s can be provided from North

13 Korea once a joint working level commission is set

14 up under the leadership of the United States.’’.

15 (2) The Select Committee recommended in such

16 report that ‘‘the Departments of State and Defense

17 take immediate steps to form this commission

18 through the United Nations Command at Panmun19 jom, Korea’’ and that the ‘‘commission should have

20 a strictly humanitarian mission and should not be

21 tied to political developments on the Korean penin22 sula.’’.

23 (3) In August 1993, the United States and

24 North Korea entered into an agreement concerning
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1 the repatriation of remains of United States person2 nel.

3 (4) The establishment of a joint working level

4 commission with North Korea could enhance the

5 prospects for results under the August 1993 agree6 ment.

7 (b) REPORT.—The Secretary of Defense shall—

8 (1) at the end of January, May, and September

9 of 1995, submit a report to Congress on the status

10 of efforts to obtain information from North Korea

11 concerning United States personnel involved in the

12 Korean conflict who remain not accounted for and to

13 obtain from North Korea any remains of such per14 sonnel; and

15 (2) actively seek to establish a joint working

16 level commission with North Korea, consistent with

17 the recommendations of the Select Committee on

18 POW/MIA Affairs of the Senate set forth in the

19 final report of the committee, dated January 13,

20 1993, to resolve the remaining issues relating to

21 United States personnel who became prisoners of

22 war or missing in action during the Korean conflict.
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1 SEC. 1075. ELIMINATION OF DISPARITY BETWEEN EFFEC2 TIVE DATES FOR MILITARY AND CIVILIAN RE3 TIREE COST-OF-LIVING ADJUSTMENTS FOR

4 FISCAL YEAR 1995.

5 (a) IN GENERAL.—The fiscal year 1995 increase in

6 military retired pay shall (notwithstanding subparagraph

7 (B) of section 1401a(b)(2) of title 10, United States Code)

8 first be payable as part of such retired pay for the month

9 of March 1995.

10 (b) DEFINITIONS.—For the purposes of subsection

11 (a):

12 (1) The term ‘‘fiscal year 1995 increase in mili13 tary retired pay’’ means the increase in retired pay

14 that, pursuant to paragraph (1) of section 1401a(b)

15 of title 10, United States Code, becomes effective on

16 December 1, 1994.

17 (2) The term ‘‘retired pay’’ includes retainer

18 pay.

19 (c) LIMITATION.—Subsection (a) shall be effective

20 only if there is appropriated to the Department of Defense

21 Military Retirement Fund (in an Act making appropria22 tions for the Department of Defense for fiscal year 1995

23 that is enacted before March 1, 1995) such amount as

24 is necessary to offset increased outlays to be made from

25 that fund during fiscal year 1995 by reason of the provi26 sions of subsection (a).
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated for fiscal year 1995 to the

3 Department of Defense Military Retirement Fund the sum

4 of $376,000,000 to offset increased outlays to be made

5 from that fund during fiscal year 1995 by reason of the

6 provisions of subsection (a).

7 SEC. 1076. MILITARY RECRUITING ON CAMPUS.

8 (a) DENIAL OF FUNDS.—(1) No funds available to

9 the Department of Defense may be provided by grant or

10 contract to any institution of higher education that has

11 a policy of denying, or which effectively prevents, the Sec12 retary of Defense from obtaining for military recruiting

13 purposes—

14 (A) entry to campuses or access to students on

15 campuses; or

16 (B) access to directory information pertaining

17 to students.

18 (2) Students referred to in paragraph (1) are individ19 uals who are 17 years of age or older.

20 (b) PROCEDURES FOR DETERMINATION.—The Sec21 retary of Defense, in consultation with the Secretary of

22 Education, shall prescribe regulations that contain proce23 dures for determining if and when an educational institu24 tion has denied or prevented access to students or infor25 mation described in subsection (a).
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1 (c) DEFINITION.—For purposes of this section, the

2 term ‘‘directory information’’ means, with respect to a stu3 dent, the student’s name, address, telephone listing, date

4 and place of birth, level of education, degrees received, and

5 the most recent previous educational institution enrolled

6 in by the student.

7 SEC. 1077. STUDY ON CONVERGENCE OF GEOSAT AND EOS

8 ALTIMETRY PROGRAMS.

9 (a) REQUIREMENT.—The Secretary of the Navy and

10 the Administrator of the National Aeronautics and Space

11 Administration shall jointly conduct a study on the conver12 gence of the National Aeronautics and Space Administra13 tion Earth Observing System Altimetry mission with the

14 Navy Geosat Follow-On program. The study shall assess

15 whether a converged system, which may involve minor

16 modifications to the Geosat Follow-On satellite, could—

17 (1) satisfy the needs of the Earth Observing

18 System program for altimetry data;

19 (2) reduce the expenses of the National Aero20 nautics and Space Administration in satisfying such

21 needs;

22 (3) be available in time to serve as the follow23 on to the Topex/Poseidon mission; and
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1 (4) continue to meet the requirements of the

2 Navy for altimetry data at no additional cost to the

3 Navy.

4 (b) CONSULTATION.—In concluding the study, the

5 Secretary and the Administrator shall consult with appro6 priate members of the scientific community.

7 (c) REPORT.—The Secretary and the Administrator

8 shall submit to the Committees on Armed Services, Com9 merce, Science, and Transportation and the Committees

10 on Armed Services and Science, Space, and Technology

11 of the House of Representatives a report on the results

12 of the study conducted under subsection (a), together with

13 the recommendations of the Secretary and the Adminis14 trator thereon. The Secretary and the Administrator shall

15 submit not later than February 15, 1995.

16 SEC. 1078. VISAS FOR OFFICIALS OF TAIWAN.

17 Section 4(b)(6) of the Taiwan Relations Act (22

18 U.S.C. 3302(b)(6)) is amended—

19 (1) by inserting ‘‘(A)’’ immediately after ‘‘(6)’’;

20 and

21 (2) by adding at the end the following:

22 ‘‘(B) Whenever the president of Taiwan or any

23 other high-level official of Taiwan shall apply to visit

24 the United States for the purposes of discussions
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1 with United States Federal or State government of2 ficials concerning:

3 ‘‘(i) Trade or business with Taiwan that

4 will reduce the United States-Taiwan trade def5 icit;

6 ‘‘(ii) Prevention of nuclear proliferation;

7 ‘‘(iii) Threats to the national security of

8 the United States;

9 ‘‘(iv) The protection of the global environ10 ment;

11 ‘‘(v) The protection of endangered species;

12 or

13 ‘‘(vi) Regional humanitarian disasters.

14 The official shall be admitted to the United States,

15 unless the official is otherwise excludable under the

16 immigration laws of the United States.’’.

17 SEC. 1079. SENSE OF THE SENATE CONCERNING PARTICI18 PATION IN ALLIED DEFENSE COOPERATION.

19 It is the sense of the Senate that the President should

20 use existing authorities to the greatest extent possible to

21 authorize the provision of the following types of assistance

22 and cooperation to countries like Poland, Hungary and the

23 Czech Republic who are making significant progress in

24 working with NATO—
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1 (1) Excess defense articles as defined in the

2 Foreign Assistance Act of 1961 and the Arms Con3 trol Export Act;

4 (2) Loan materials, supplies and equipment for

5 research and development purposes;

6 (3) Leases and loans of major defense equip7 ment and other defense articles;

8 (4) Cooperative military airlift agreements;

9 (5) The procurement of communications sup10 port and related supplies and services;

11 (6) Actions to standardize equipment with

12 North Atlantic Treaty Organization members.

13 SEC. 1080. INTERAGENCY PLACEMENT PROGRAM FOR FED14 ERAL EMPLOYEES AFFECTED BY REDUCTION

15 IN FORCE ACTIONS.

16 (a) STUDY AND REPORT.—(1) No later than 6

17 months after the date of the enactment of this Act, the

18 Office of Personnel Management, in consultation with the

19 Department of Defense, shall conduct a study and submit

20 a report to the Congress on—

21 (A) the feasibility of establishing a mandatory

22 interagency placement program for Federal employ23 ees affected by reduction in force actions; and

24 (B) any action taken by the Office of Personnel

25 Management under subsection (b).
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1 (2) In conducting the study under this section, the

2 Office of Personnel Management, in consultation with the

3 Department of Defense, shall seek comments from all

4 Federal agencies.

5 (b) AGREEMENTS TO ESTABLISH INTERAGENCY

6 PLACEMENT PROGRAM.—(1) If, during the 6-month pe7 riod after the date of the enactment of this Act, the Office

8 of Personnel Management, in consultation with the De9 partment of Defense, determines that a Government-wide

10 interagency placement program for Federal employees af11 fected by reduction in force actions is feasible, the Office

12 of Personnel Management may enter into an agreement

13 with each agency that agrees to participate, to establish

14 such a program. A program established under this sub15 section shall not be required to be an interagency place16 ment program as defined under subsection (c)(3).

17 (2) If the Office of Personnel Management makes a

18 determination to establish a program as provided under

19 paragraph (1), the Office shall include in the report sub20 mitted under subsection (a) each agency that decides not

21 to participate in the program and the reasons of the agen22 cy for the decision.

23 (c) DEFINITIONS.—For purposes of this section—
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1 (1) the term ‘‘agency’’ means an ‘‘Executive

2 agency’’ as defined under section 105 of title 5,

3 United States Code, and—

4 (A) includes the United States Postal

5 Service and the Postal Rate Commission; and

6 (B) does not include the General Account7 ing Office;

8 (2) the term ‘‘Federal employees affected by re9 duction in force actions’’ means Federal employees

10 who—

11 (A) are scheduled to be separated from

12 service under a reduction in force pursuant

13 to—

14 (i) regulations prescribed under sec15 tion 3502 of title 5, United States Code; or

16 (ii) procedures established under sec17 tion 3595 of title 5, United States Code; or

18 (B) are separated from service under such

19 a reduction in force; and

20 (3) the term ‘‘interagency placement program’’

21 means a program that provides a system to require

22 the offer of a position in an agency to an employee

23 of another agency affected by a reduction in force

24 action, if—
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1 (A) the position cannot be filled through a

2 placement program of the agency in which the

3 position is located;

4 (B) the employee to whom the offer is

5 made is well qualified for the offered position;

6 (C)(i) the classification of the offered posi7 tion is equal to the classification of the employ8 ee’s present or last held position; or

9 (ii) the basic rate of pay of the offered po10 sition is equal to the basic rate of pay of the

11 employee’s present or last held position; and

12 (D) the geographic location of the offered

13 position is within the commuting area of—

14 (i) the residence of the employee; or

15 (ii) the location of the employee’s

16 present or last held position.

17 SEC. 1081. GEORGE C. MARSHALL EUROPEAN CENTER FOR

18 SECURITY STUDIES.

19 (a) USE OF CONTRIBUTIONS.—Funds received by the

20 United States Government from the Federal Republic of

21 Germany as its fair share of the costs of the George C.

22 Marshall European Center for Security Studies shall be

23 credited to appropriations available to the Department of

24 Defense for the George C. Marshall European Center for

25 Security Studies. Funds so credited shall be merged with
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1 the appropriations to which credited and shall be available

2 for the Center for the same purposes and the same period

3 as the appropriations with which merged.

4 (b) WAIVER OF CHARGES.—(1) The Secretary of De5 fense may waive reimbursement of the costs of con6 ferences, seminars, courses of instruction, or similar edu7 cational activities of the George C. Marshall European

8 Center for Security Studies for military officers and civil9 ian officials of cooperation partner states of the North At10 lantic Cooperation Council or the Partnership for Peace

11 if the Secretary determines that attendance by such per12 sonnel without reimbursement is in the national security

13 interest of the United States.

14 (2) Costs for which reimbursement is waived pursu15 ant to paragraph (1) shall be paid from appropriations

16 available for the Center.

17 SEC. 1082. CHANGES IN NOTICE REQUIREMENTS UPON

18 PENDING OR ACTUAL TERMINATION OF DE19 FENSE PROGRAMS.

20 (a) TIME FOR NOTICE REQUIREMENT AFTER SUB21 MISSION OF BUDGET.—Subsection (a) of section 4471 of

22 the Defense Conversion, Reinvestment, and Transition As23 sistance Act of 1992 (division D of Public Law 102–484;

24 106 Stat. 2753; 10 U.S.C. 2501 note) is amended—
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1 (1) by striking out ‘‘As soon as reasonably

2 practicable’’ and inserting in lieu thereof ‘‘Not later

3 than 90 days’’; and

4 (2) by striking out ‘‘and not more than 180

5 days after such date,’’.

6 (b) TIME FOR NOTICE REQUIREMENT AFTER EN7 ACTMENT OF APPROPRIATIONS ACT.—Subsection (b) of

8 such section is amended—

9 (1) by striking out ‘‘as soon as reasonably prac10 ticable’’ and inserting in lieu thereof ‘‘not later than

11 90 days’’; and

12 (2) by striking out ‘‘and not more than 180

13 days after such date,’’.

14 (c) TIME FOR NOTICE REQUIREMENT ON WITH15 DRAWAL OF NOTIFICATION.—Subsection (f)(1) of such

16 section is amended in the second sentence by striking out

17 ‘‘as soon as reasonably practicable’’ and inserting in lieu

18 thereof ‘‘not later than 90 days’’.

19 SEC. 1083. TRANSFER OF OBSOLETE VESSEL GUADAL20 CANAL.

21 (a) AUTHORITY.—Notwithstanding subsections (a)

22 and (d) of section 7306 of title 10, United States Code,

23 but subject to subsections (b) and (c) of that section, upon

24 the decommissioning of the USS Guadalcanal (LPH 7),

25 the Secretary of the Navy may transfer the Guadalcanal
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1 to the not-for-profit organization Intrepid Museum Foun2 dation, New York, New York.

3 (b) LIMITATIONS.—The transfer authorized by sec4 tion (a) may be made only if the Secretary determines that

5 the vessel Guadalcanal is of no further use to the United

6 States for national security purposes.

7 (c) TERMS AND CONDITIONS.—The Secretary may

8 require such terms and conditions in connection with the

9 transfer authorized by this section as the Secretary consid10 ers appropriate.

11 SEC. 1084. STUDY OF SPOUSAL ABUSE INVOLVING ARMED

12 FORCES PERSONNEL.

13 (a) FINDINGS.—Congress makes the following find14 ings:

15 (1) The Department of Defense has sponsored

16 several highly successful programs designed to cur17 tail spousal abuse.

18 (2) The readiness of the Armed Forces would

19 be enhanced by eliminating all forms of spousal

20 abuse involving members of the Armed Forces.

21 (3) Available data on the frequency and causes

22 of spousal abuse involving members of the Armed

23 Forces is not comprehensive for the Armed Forces.

24 (b) STUDY AND REPORT REQUIRED.—Not later than

25 180 days after the date of the enactment of this Act, the
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1 Secretary of Defense shall conduct a study on spousal

2 abuse involving members of the Armed Forces of the Unit3 ed States and submit to Congress a report on the results

4 of the study.

5 (c) CONTENT OF REPORT.—The report shall contain

6 the following matters:

7 (1) The frequency of spousal abuse involving

8 members of the Armed Forces.

9 (2) A discussion of the possible causes of such

10 spousal abuse.

11 (3) A discussion of the procedures followed in

12 responding to incidents of such spousal abuse.

13 (4) An analysis of the effectiveness of those

14 procedures.

15 (5) A review of the existing programs for cur16 tailing such spousal abuse.

17 (6) A strategy for the entire Armed Forces for

18 curtailing spousal abuse involving members of the

19 Armed Forces.
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1 SEC. 1085. REVIEW OF THE PROCEDURES USED BY DEPART2 MENT OF DEFENSE INVESTIGATIVE ORGANI3 ZATIONS WHEN CONDUCTING AN INVESTIGA4 TION INTO THE DEATH OF A MEMBER OF THE

5 ARMED FORCES WHO, WHILE SERVING ON

6 ACTIVE DUTY, DIED FROM A CAUSE DETER7 MINED TO BE SELF-INFLICTED.

8 SENSE OF CONGRESS.—It is the Sense of Congress

9 that, upon receipt of the report required by section 1185

10 of the National Defense Authorization Act for Fiscal Year

11 1994, the Senate Committee on Armed Services should re12 view that report and hold hearings related to the proce13 dures employed by Department of Defense investigative

14 organizations when conducting an investigation into the

15 death of a member of the Armed Services who, while serv16 ing on active duty, died from a cause determined to be

17 self-inflicted.

18 SEC. 1086. PUBLIC EDUCATION FACILITY OF THE ARMED

19 FORCES INSTITUTE OF PATHOLOGY.

20 (a) PURPOSE.—It is the purpose of this section to—

21 (1) display and interpret the collections of the

22 Armed Forces Institute of Pathology currently lo23 cated at Walter Reed Medical Center; and

24 (2) designate a site for the relocation of the

25 public education facility of the Armed Forces Insti26 tute of Pathology so that it may serve as a central
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1 resource of instruction about the critical health is2 sues which confront all American citizens.

3 (b) SITE OF FACILITY.—The public education facility

4 of Armed Forces Institute of Pathology shall be located

5 on or near the Mall on land owned by the Federal Govern6 ment or the District of Columbia in the District of Colum7 bia.

8 (c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed as limiting the authority or respon10 sibilities of the National Capital Planning Commission or

11 the Commission of Fine Arts.

12 (d) DEFINITION.—As used in this section, the term

13 ‘‘the Mall’’ means—

14 (1) the land designated as ‘‘Union Square’’,

15 United States Reservation 6A; and

16 (2) the land designated as the ‘‘Mall’’, United

17 States Reservations 3, 4, 5, and 6.

18 (e) SENSE OF THE CONGRESS.—

19 (1) FINDINGS.—Congress finds that—

20 (A) the National Museum of Health and

21 Medicine Foundation, Inc. (a private, nonprofit

22 organization having for its primary purpose the

23 relocation to the Mall and revitalization of the

24 National Museum of Health and Medicine), the

25 Armed Forces Institute of Pathology, and the
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1 Public Health Service have jointly supported

2 planning to relocate the Museum to a site on

3 land that is located east of and adjacent to the

4 Hubert H. Humphrey Building (100 Independ5 ence Avenue, Southwest, in the District of Co6 lumbia); and

7 (B) the National Museum of Health and

8 Medicine Foundation, Inc., is deserving of the

9 encouragement and support of the American

10 people in its effort to relocate the National Mu11 seum of Health and Medicine to a site on land

12 the is located east of and adjacent to the Hu13 bert H. Humphrey Building, and in its effort to

14 raise funds for a revitalized Museum to inspire

15 increasing numbers of Americans to lead

16 healthy lives through improved public under17 standing of health and the medical sciences.

18 (2) LOCATION.—It is the sense of the Congress

19 that, subject to appropriate approvals by the Na20 tional Capital Planning Commission and the Com21 mission of Fine Arts, the National Museum of

22 Health and Medicine should be relocated to a site on

23 land that is located east of and adjacent to the Hu24 bert H. Humphrey Building for the purpose of edu-
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1 cating the American public concerning health and

2 the medical sciences.

3 SEC. 1087. ASSIGNMENTS OF EMPLOYEES BETWEEN FED4 ERAL AGENCIES AND FEDERALLY FUNDED

5 RESEARCH AND DEVELOPMENT CENTERS.

6 (a) AUTHORITY.—Section 3371(4) of title 5, United

7 States Code, is amended—

8 (1) by striking out ‘‘or’’ at the end of subpara9 graph (B);

10 (2) by striking out the period at the end of sub11 paragraph (C) and inserting in lieu thereof ‘‘; or’’;

12 and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(D) a federally funded research and de16 velopment center.’’.

17 (b) PROVISIONS GOVERNING ASSIGNMENTS.—Sec18 tion 3372 of title 5, United States Code, is amended by

19 adding at the end the following new subsection:

20 ‘‘(e) Under regulations prescribed pursuant to section

21 3376 of this title—

22 ‘‘(1) an assignment of an employee of a Federal

23 agency to an other organization or an institution of

24 higher education, and an employee so assigned, shall

25 be treated in the same way as an assignment of an
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1 employee of a Federal agency to a State or local

2 government, and an employee so assigned, is treated

3 under the provisions of this subchapter governing an

4 assignment of an employee of a Federal agency to

5 a State or local government, except that the rate of

6 pay of an employee assigned to a federally funded

7 research and development center may not exceed the

8 rate of pay that such employee would be paid for

9 continued service in the position in the Federal

10 agency from which assigned; and

11 ‘‘(2) an assignment of an employee of an other

12 organization or an institution of higher education to

13 a Federal agency, and an employee so assigned,

14 shall be treated in the same way as an assignment

15 of an employee of a State or local government to a

16 Federal agency, and an employee so assigned, is

17 treated under the provisions of this subchapter gov18 erning an assignment of an employee of a State or

19 local government to a Federal agency.’’.

20 SEC. 1088. BOSNIA AND HERZEGOVINA.

21 (a) PURPOSE.—To express the sense of Congress

22 concerning the international efforts to end the conflict in

23 Bosnia and Hercegovina.

24 (b) STATEMENTS.—The Congress makes the follow25 ing statements of support:
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1 (1) The Congress supports the use of inter2 national sanctions in the form of arms and economic

3 embargoes imposed by the United Nations Security

4 Council in appropriate circumstances.

5 (2) The Congress supports the imposition of an

6 arms and economic embargo on the Government of

7 Iraq by United Nations Security Council resolution

8 661 of August 6, 1990 to bring about compliance

9 with a number of conditions, including in particular

10 an end to Iraq’s nuclear weapons program.

11 (3) The Congress supports the imposition of an

12 arms, petroleum and economic embargo on Haiti by

13 United Nations Security Council resolutions 875 of

14 October 16, 1993 and 917 of May 17, 1994 to bring

15 about compliance with the Governors Island Agree16 ment.

17 (4) The Congress supports the imposition of an

18 arms and civil aircraft embargo on Libya pursuant

19 to United Nations Security Council resolution 748 of

20 March 31, 1992 in order to convince Libya to re21 nounce terrorism.

22 (c) FINDINGS.—The Congress makes the following

23 findings:

24 (1) The United States took the lead in the

25 United Nations Security Council to impose inter-
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1 national sanctions in the form of arms and economic

2 embargoes on Iraq, Haiti, and Libya.

3 (2) The security of the Republic of Korea with

4 whom the United States has a mutual defense treaty

5 and on whose territory there are more than 38,000

6 members of the United States Armed Forces is a

7 vital interest of the United States.

8 (3) Should negotiations fail, the imposition of

9 sanctions by the United Nations Security Council on

10 North Korea, which would require the affirmative

11 vote or abstention of China, Russia, Britain, and

12 France, may be essential to stop North Korea’s nu13 clear weapons development program and to end a

14 nuclear threat to the Republic of Korea and South15 east Asia.

16 (4) The effective enforcement of sanctions on

17 North Korea, once imposed by the United Nations

18 Security Council, would require the cooperation of

19 China, Russia, and Japan as well as other allies, in20 cluding Britain and France, both permanent mem21 bers of the United Nations Security Council.

22 (5) The United States voted for the inter23 national arms embargo imposed by United Nations

24 Security Council resolution 713 of September 25,

25 1991 that was imposed on Yugoslavia.
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1 (6) The imposition of the United Nations arms

2 embargo on September 25, 1991 has not served to

3 end the conflict in Bosnia and Hercegovina, has pro4 vided a battlefield advantage to the Bosnian Serbs,

5 who possess artillery, tanks, and other weapons left

6 behind by the former Yugoslav Army or provided by

7 Serbia and Montenegro, and has deprived the Gov8 ernment of Bosnia and Hercegovina from acquiring

9 the adequate means of defending itself and its citi10 zens.

11 (7) Our NATO allies have committed ground

12 forces to the United Nations Protection Force

13 (UNPROFOR) in former Yugoslavia. At the present

14 time France has 5,518 troops, Britain 3,435, the

15 Netherlands 2,073, Canada 2,037, Turkey 1,696,

16 Spain 1,417, and Belgium 1,000. Our NATO allies

17 have thus far sustained 49 deaths and 936 wounded

18 as a result of their participation in UNPROFOR.

19 (8) For the first time the so-called ‘‘contact

20 group’’ composed of representatives of the United

21 States, Russia, France and Britain is moving toward

22 a unified position of using an incentives and dis23 incentives ‘‘carrot and stick’’ strategy to bring about

24 a peaceful settlement of the conflict in Bosnia and

25 Hercegovina.
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1 (d) It is the sense of the Congress that the United

2 States should work with the NATO Member nations and

3 the other permanent members of the United Nations Secu4 rity Council to endorse the efforts of the contact group

5 to bring about a peaceful settlement of the conflict in

6 Bosnia Hercegovina, including the following:

7 (A) the preservation of an economically, politi8 cally and militarily viable Bosnian state capable of

9 exercising its rights under the United Nations Char10 ter as part of a peaceful settlement, the lifting of the

11 United Nations arms embargo on the Government of

12 Bosnia and Hercegovina so that it can exercise the

13 inherent right of a sovereign state to self-defense;

14 (B) if the Bosnian Serbs, while the contact

15 group’s peace proposal is being considered and dis16 cussed, attack the safe areas designated by the Unit17 ed Nations Security Council, the partial lifting of

18 the arms embargo on the Government of Bosnia and

19 Hercegovina and the provision to that Government

20 of defensive weapons and equipment appropriate and

21 necessary to defend those safe areas;

22 (C) if the Bosnian Serbs do not respond con23 structively to the peace negotiations, the President

24 or his representative shall promptly propose or sup25 port a resolution in the United Nations Security
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1 Council to terminate the intentional arms embargo

2 on Bosnia and Hercegovina (and the orderly with3 drawal of the United Nationals Protection Force and

4 humanitarian relief personnel). If the Security Coun5 cil fails to pass such a resolution, the President shall

6 within 5 days consult with Congress regarding uni7 lateral termination of the arms embargo on the Gov8 ernment of Bosnia and Hercegovina.

9 SEC. 1089. PROVISION OF INTELLIGENCE AND OTHER AS10 SISTANCE WHERE DRUG TRAFFICKING

11 THREATENS NATIONAL SECURITY.

12 (a) Notwithstanding any other provision of law, it

13 shall not be unlawful for authorized employees or agents

14 of a foreign country to damage, render inoperative, or de15 stroy an aircraft in that country’s territory or airspace,

16 or to attempt to do so, if that aircraft is reasonably sus17 pected to be primarily engaged in illicit narcotics traffick18 ing, provided that the President of the United States prior

19 to the actions described in this subparagraph being taken

20 has determined:

21 (1) that such actions are necessary because of

22 the extraordinary threat posed by drug trafficking to

23 the national security of that country, and

24 (2) that the country has appropriate procedures

25 in place to protect against innocent loss of life in the
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1 air and on the ground, which shall at a minimum in2 clude effective means to identify and warn aircraft

3 prior to the use of force.

4 (b) It shall not be unlawful for authorized employees

5 or agents of the United States to provide assistance, in6 cluding but not limited to operational, intelligence,

7 logistical, technical and administration assistance, for the

8 actions of foreign countries set forth in subsection (a), nor

9 shall the provision of such assistance give rise to any civil

10 action seeking money damages or any other form of relief

11 against the United States or its agents or employees.

12 SEC. 1090. ADMINISTRATION OF ATHLETICS PROGRAMS AT

13 THE SERVICE ACADEMIES.

14 (a) UNITED STATES MILITARY ACADEMY.—(1)

15 Chapter 403 of title 10, United States Code, is amended

16 by adding at the end the following new section:

17 ‘‘§ 4357. Administration of athletics program

18 ‘‘(a) The position of athletic director of the Academy

19 shall be a position in the civil service (as defined in section

20 2101(1) of title 5). However, a member of the armed

21 forces may fill such position as an active duty assignment.

22 ‘‘(b) Under regulations prescribed by the Secretary

23 of the Army, the Superintendent of the Academy shall es24 tablish and administer a nonappropriated fund account for

25 the athletics program of the Academy. The Superintend-
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1 ent shall credit to such account all revenue received from

2 the conduct of the athletics program of the Academy and

3 all contributions received for such program.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following

6 new item:

‘‘4357. Administration of athletics program.’’.

7 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter

8 603 of title 10, United States Code, is amended by adding

9 at the end the following new section:

10 ‘‘§ 6975. Administration of athletics program

11 ‘‘(a) The position of athletic director of the Naval

12 Academy shall be a position in the civil service (as defined

13 in section 2101(1) of title 5). However, a member of the

14 armed forces may fill such position as an active duty as15 signment.

16 ‘‘(b) Under regulations prescribed by the Secretary

17 of the Navy, the Superintendent of the Naval Academy

18 shall establish and administer a nonappropriated fund ac19 count for the athletics program of the Naval Academy.

20 The Superintendent shall credit to such account all reve21 nue received from the conduct of the athletics program

22 of the Naval Academy and all contributions received for

23 such program.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following

3 new item:

‘‘6975. Administration of athletics program.’’.

4 (c) UNITED STATES AIR FORCE ACADEMY.—(1)

5 Chapter 903 of title 10, United States Code, is amended

6 by adding at the end the following new section:

7 ‘‘§ 9356. Administration of athletics program

8 ‘‘(a) The position of athletic director of the Academy

9 shall be a position in the civil service (as defined in section

10 2101(1) of title 5). However, a member of the armed

11 forces may fill such position as an active duty assignment.

12 ‘‘(b) Under regulations prescribed by the Secretary

13 of the Air Force, the Superintendent of the Academy shall

14 establish and administer a nonappropriated fund account

15 for the athletics program of the Academy. The Super16 intendent shall credit to such account all revenue received

17 from the conduct of the athletics program of the Academy

18 and all contributions received for such program.’’.

19 (2) The table of sections at the beginning of such

20 chapter is amended by adding at the end the following

21 new item:

‘‘9356. Administration of athletics program.’’.

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

23 this section shall take effect 240 days after the date of

24 the enactment of this Act.
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1 SEC. 1091. REVIEW OF THE BOTTOM UP REVIEW AND THE

2 FUTURE YEAR DEFENSE PROGRAM AND ES3 TABLISHMENT OF NEW FUNDING REQUIRE4 MENTS AND PRIORITIES.

5 (a) FINDINGS.—Congress finds as follows:

6 (1) Whereas the Administration commissioned

7 the Bottom Up Review to properly structure the

8 Armed Forces of the United States for the Post9 Cold War Era;

10 (2) Whereas the Secretary of Defense has testi11 fied that the Department of Defense’s Future Years

12 Defense Program includes $20 billion more in pro13 gram funding requests during fiscal years 1996

14 through 1999 than the defense funding levels in the

15 Administration’s budget can support;

16 (3) Whereas, the Secretary of the Navy has tes17 tified that the Department of the Navy will only op18 erate 330 ships rather than the 346 ships required

19 by the Bottom Up Review;

20 (4) Whereas, in January 1994, in his Annual

21 Report to the President and the Congress, the Sec22 retary of Defense reported that the Air Force will

23 field approximately 100 heavy bombers rather than

24 the 184 required by the Bottom Up Review;

25 (5) Whereas the Department of Defense’s plans

26 for a major regional contingency in the Far East
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1 call for 5 Army divisions and the plans for a major

2 regional contingency in Southwest Asia call for 7

3 Army divisions, while the Bottom Up Review plans

4 for an Army of only 10 active divisions;

5 (6) Whereas the Administration’s budget as6 sumes the Department of Defense will save at least

7 $6 billion from procurement reform;

8 (7) Whereas the first and second rounds of the

9 Base Realignment and Closure Commission have not

10 yet achieved the level of savings initially estimated,

11 and the 1995 base closure round may cost signifi12 cantly more than is assumed in the Administration’s

13 budget.

14 (b) SENSE OF CONGRESS.—It is the Sense of Con15 gress:

16 (1) that within 30 days after enactment of this

17 legislation, the Secretary of Defense should initiate

18 a review of the assumptions and conclusions of the

19 President’s Budget, the Bottom Up Review, and the

20 Future Years Defense Program; and that not more

21 than 180 days after the review is initiated the Sec22 retary of Defense should submit to the President

23 and to the Congress a report detailing the force

24 structure required for an effective defense of the

25 United States and its vital national interests;
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1 (2) and that not more than 60 days after re2 ceipt of the report described in subsection (b)(1), the

3 President should submit to the Congress a report

4 detailing the steps the President will take to meet

5 the force structure described in subsection (b)(1);

6 (3) and that the fiscal year 1996 budget sub7 mitted to the Congress by the President should re8 flect the funding level necessary to support the force

9 structure described in subsection (b)(1).

10 SEC. 1092. GENOCIDE IN RWANDA.

11 (a) FINDINGS.—The Congress finds that—

12 (1) since April 6, 1994, elements of the Rwan13 dan government forces, and their allied militias,

14 have organized the massacres of more than 200,000

15 Rwandan civilians, of both Tutsi and Hutu ethnic

16 origin;

17 (2) an estimated 2 million Rwandans have been

18 internally displaced, and at least 500,000 have fled

19 to neighboring countries;

20 (3) on April 26, 1994, the Senate agreed to

21 Senate Resolution 207, deploring the massacres and

22 urging prompt resolution of this crisis;

23 (4) the potential exists for retaliatory acts to be

24 committed by elements within the Rwandan Patri25 otic Front against civilians;
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1 (5) on June 8, 1994, the United Nations Secu2 rity Council expanded and reinforced the United Na3 tions Assistance Mission for Rwanda (UNAMIR) to

4 5,500 troops with a mandate to protect civilians;

5 (6) on June 22, 1994, the United Nations Se6 curity Council voted unanimously to support the de7 ployment of military forces from France and Senegal

8 for a temporary operation that would contribute to

9 the security and protection of populations at risk in

10 Rwanda.

11 (b) POLICY.—The Congress—

12 (1) calls upon the President to acknowledge

13 that acts of genocide have been committed in Rwan14 da;

15 (2) urges the President to support the estab16 lishment of an impartial commission of experts to

17 examine and analyze the evidence submitted of

18 breaches of the Convention on Genocide, and other

19 grave violations of international humanitarian law,

20 committed in Rwanda;

21 (3) commends the Department of Defense for

22 logistical help already provided and urges the Sec23 retary of Defense to further expedite all United

24 States military contributions to the humanitarian ef25 fort in Rwanda.
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1 (4) implores the President to take the lead in

2 the international community to expedite commit3 ments of the necessary resources for, and to orga4 nize the speedy training and deployment of, the rein5 forced UNAMIR operation, with the mandate of pro6 tecting civilian populations at risk in Rwanda;

7 (5) strongly urges the President and the inter8 national community to expedite assistance needed

9 for humanitarian operations in Rwanda, and neigh10 boring states, for the support of Rwandan refugees;

11 (6) commends France and Senegal for cooperat12 ing with the Secretary General towards the fulfill13 ment of the objectives of the United Nations in

14 Rwanda; and

15 (7) urges France and Senegal pursuant to the

16 United Nations Security Council resolution of June

17 22, 1994, to maintain the humanitarian character of

18 their operation in Rwanda, with the view towards

19 impartiality and neutrality.

20 SEC. 1093. STUDIES OF HEALTH CONSEQUENCES OF MILI21 TARY SERVICE OR EMPLOYMENT IN SOUTH22 WEST ASIA DURING THE PERSIAN GULF WAR.

23 (a) EPIDEMIOLOGICAL STUDY.—

24 (1) IN GENERAL.—The Secretary of Defense

25 shall award a grant under this subsection to one or
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1 more non-Federal entities selected for the award

2 under subsection (c). The purpose of a grant is to

3 permit the entity receiving the award to carry out

4 the study described in paragraph (2).

5 (2) NATURE OF STUDY.—The purpose of the

6 study referred to in paragraph (1) is to determine

7 the nature and scope of the illnesses and symptoms

8 suffered by the individuals referred in paragraph (3)

9 as a result of service or employment in the South10 west Asia theater of operations during the Persian

11 Gulf War.

12 (3) INDIVIDUALS COVERED BY STUDY.—Para13 graph (2) applies to the following individuals:

14 (A) Individuals who served as members of

15 the Armed Forces in the Southwest Asia thea16 ter of operations during the Persian Gulf War.

17 (B) Individuals who were civilian employ18 ees of the Department of Defense in that thea19 ter during that period.

20 (C) Where appropriate, individuals who

21 were employees of contractors of the Depart22 ment in that theater during that period.

23 (D) Where appropriate, the spouses and

24 children of individuals described in subpara25 graph (A).
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1 (4) STUDY DESIGN.—The study required under

2 this subsection shall be designed—

3 (A) to assess the extent, if any, of the as4 sociation between—

5 (i) the illnesses and symptoms suf6 fered by individuals referred to in para7 graph (3);

8 (ii) the exposure of the individuals re9 ferred to in subparagraphs (A), (B), and

10 (C) of that paragraph to chemical and bio11 logical agents, drugs and vaccines, endemic

12 biological diseases, pesticides, toxins, and

13 other potentially hazardous materials; and

14 (iii) the experiences of such individ15 uals with stress-producing battlefield and

16 wartime conditions;

17 (B) to identify risk factors for predicting

18 the illnesses or symptoms relating to such expo19 sure that will arise within 3 years of the arrival

20 of an individual referred to in subparagraph

21 (A), (B), or (C) of paragraph (3) in the South22 west Asia theater of operations;

23 (C) to determine—

24 (i) the incidence, prevalence, and na25 ture of the illnesses and symptoms suffered
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1 by the individuals referred to in paragraph

2 (3), including—

3 (I) the incidence, prevalence, and

4 nature of the illnesses and symptoms

5 of such individuals before the com6 mencement of the period of the Per7 sian Gulf War and the incidence,

8 prevalence, and nature of the illnesses

9 of such individuals after the end of

10 that period; and

11 (II) the incidence, prevalence,

12 and nature of the illnesses, symptoms,

13 and birth defects of any children con14 ceived by such individuals before the

15 commencement of that period and of

16 any children conceived by such indi17 viduals during or after the end of that

18 period; and

19 (ii) the incidence, prevalence, and na20 ture of illnesses and symptoms of other in21 dividuals or groups of individuals, if any,

22 who may suffer from an illness or symp23 tom as a result of the service or employ24 ment of any person or group of persons in
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1 the Southwest Asia theater of operations

2 during the Persian Gulf War; and

3 (D) to evaluate a comparison sample or to

4 evaluation any other matter that the Secretary

5 or the entity determines appropriate to the pur6 poses of the study.

7 (5) REPORTS.—

8 (A) INTERIM REPORTS.—Not later than

9 each of July 1, 1995, and July 1, 1996, the

10 Secretary shall submit to the congressional de11 fense committees and the Committees on Veter12 ans’ Affairs of the Senate and the House of

13 Representatives an interim report on the results

14 of the study carried out under this subsection.

15 (B) FINAL REPORT.—Not later than Janu16 ary 1, 1998, the Secretary shall submit to the

17 committees referred to in subparagraph (A) a

18 final report on the results of the study.

19 (C) FORM OF REPORTS.—The reports sub20 mitted under this paragraph shall be submitted

21 in unclassified form.

22 (b) STUDIES OF HEALTH CONSEQUENCES OF AD23 MINISTRATION OF PYRIDOSTIGMINE BROMIDE.—

24 (1) IN GENERAL.—The Secretary of Defense

25 shall award a grant under this subsection to one or
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1 more non-Federal entities selected for the award

2 under subsection (c). The purpose of a grant is to

3 permit the entity receiving the award to carry out a

4 study or studies to determine the following:

5 (A) The long-term health consequences of

6 the administration of pyridostigmine bromide as

7 an antidote enhancer for chemical nerve agent

8 toxicity during the Persian Gulf War.

9 (B) The short-term and long-term health

10 consequences of the administration of

11 pyridostigmine bromide under the chemical

12 nerve agent pretreatment program of the De13 partment of Defense and exposure to pesticides,

14 environmental toxins, and other hazardous sub15 stances during battlefield conditions that pre16 vailed in the Southwest Asia theater of oper17 ations during the Persian Gulf War.

18 (2) STUDIES.—The Secretary shall provide that

19 an entity awarded a grant under this subsection

20 shall carry out a study described in paragraph (3)

21 or (4).

22 (3) RETROSPECTIVE STUDY.—A study referred

23 to in paragraph (2) is a retrospective study on mem24 bers of the Armed Forces who served in the South-
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1 west Asia theater of operations during the Persian

2 Gulf War in order to determine the following:

3 (A) The nature of the undiagnosed and

4 chronic illnesses suffered by such members.

5 (B) The degree of association between

6 such illnesses and—

7 (i) use of pyridostigmine bromide over

8 a short period of time (as determined by

9 the Secretary) during the Persian Gulf

10 War;

11 (ii) use of pyridostigmine bromide

12 over an extended period of time (as so de13 termined) during that war; or

14 (iii) use of no pyridostigmine bromide.

15 (C) The degree of association between—

16 (i) such illnesses;

17 (ii) each extent of use of

18 pyridostigmine bromide described in sub19 paragraph (B);

20 (iii) receipt of other vaccinations or

21 medications; and

22 (iv) exposure to pesticides,

23 organophosphates, or carbamates.

24 (4) ANIMAL MODEL STUDY.—A study referred

25 to in paragraph (2) is also a study using appropriate
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1 animal research models in order to determine wheth2 er use of pyridostigmine bromide in combination

3 with exposure to pesticides or other

4 organophosphates, carbamates, or relevant chemicals

5 results in increased toxicity in animals and is likely

6 to have a similar effect on humans.

7 (5) REPORTS.—

8 (A) ANIMAL STUDY REPORT.—Not later

9 than January 1, 1996, the Secretary shall sub10 mit to the congressional defense committees

11 and the Committees on Veterans’ Affairs of the

12 Senate and the House of Representatives a re13 port on the study carried out under paragraph

14 (4).

15 (B) INTERIM REPORTS ON RETROSPECTIVE

16 STUDY.—Not later than each of July 1, 1995,

17 and July 1, 1996, the Secretary shall submit to

18 the committees referred to in subparagraph (A)

19 an interim report on the results of the study

20 carried out under paragraph (3).

21 (C) FINAL REPORT ON RETROSPECTIVE

22 STUDY.—Not later than January 1, 1998, the

23 Secretary shall submit to the committees re24 ferred to in subparagraph (A) a final report on
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1 the results of the study carried out under para2 graph (3).

3 (D) FORM OF REPORTS.—The reports sub4 mitted under this paragraph shall be submitted

5 in unclassified form.

6 (c) SELECTION OF STUDY ENTITIES.—

7 (1) IN GENERAL.—The Secretary of Defense

8 shall select entities to which to award grants for the

9 studies described in subsections (a) and (b) in ac10 cordance with this subsection.

11 (2) SUBMITTAL OF PROPOSALS.—An entity

12 seeking to carry out a study under a grant under

13 subsection (a) or (b) shall submit to the Secretary

14 the following proposals:

15 (A) A proposal for a pilot study in order

16 to determine the research design and research

17 instrument to be used in the study.

18 (B) A proposal for the study.

19 (3) INDEPENDENT REVIEW.—The Secretary

20 shall ensure that individuals described in paragraph

21 (4)—

22 (A) review each proposal submitted to the

23 Secretary under paragraph (2) for purposes of

24 determining whether or not the proposal—
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1 (i) addresses adequately the purposes

2 of the study; and

3 (ii) meets the technical, scientific, and

4 peer review requirements that apply to

5 similar studies carried out under the direc6 tion of the Secretary of Health and

7 Human Services; and

8 (B) submit to the Secretary recommenda9 tions for the selection by the Secretary of one

10 or more entities to carry out the study.

11 (4) REVIEWING INDIVIDUALS.—Individuals re12 ferred to in paragraph (3) are any individuals who,

13 as determined by the Secretary—

14 (A) are not employees of the Federal Gov15 ernment;

16 (B) have an expertise in epidemiology,

17 toxicology, neurology, biology, biostatistics,

18 post-traumatic stress disorder, or public health;

19 and

20 (C) have no financial relationship with the

21 Department of Defense or with any chemical

22 company or pharmaceutical company whose

23 productions may be addressed in the study.

24 (5) SELECTION.—The Secretary shall—
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1 (A) select the entities that will carry out

2 the studies described under subsections (a) and

3 (b) from among the entities recommended for

4 such selection under paragraph (3); and

5 (B) award such entities grants under the

6 appropriate subsection.

7 (d) PERFORMANCE OF STUDIES.—

8 (1) PILOT STUDIES.—

9 (A) IMPLEMENTATION.—An entity to

10 which the Secretary awards a grant for a study

11 under subsection (a) or (b) shall carry out the

12 pilot study for such study in accordance with

13 the proposal for the pilot study submitted to

14 the Secretary under subsection (c)(2)(A).

15 (B) RESPONSE TO RESULTS.—If an entity

16 determines as a result of a pilot study under

17 subparagraph (A) that revisions to the study

18 proposed by the entity are necessary in order to

19 meet the purposes of the study under this sec20 tion, the entity shall submit to the Secretary a

21 proposal for such revisions to the study.

22 (C) FINAL APPROVAL.—The Secretary

23 shall—
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1 (i) review any revisions to a proposal

2 to a study that are submitted to the Sec3 retary under subparagraph (B); and

4 (ii) approve the proposal for the

5 study, as so revised, if the Secretary deter6 mines that the proposal meets the pur7 poses of the study under this section.

8 (2) STUDIES.—An entity to which the Secretary

9 awards a grant for a study under subsection (a) or

10 (b) shall carry out the study in accordance the pro11 posal for the study under this section.

12 (e) CONSULTATION.—The Secretary of Defense shall

13 carry out this section in consultation with the Secretary

14 of Veterans Affairs, the Secretary of Health and Human

15 Services, the Administrator of the Environmental Protec16 tion Agency, the head of the Medical Follow-Up Agency

17 of the Institute of Medicine, and the heads of other appro18 priate departments and agencies of the Federal Govern19 ment.

20 (f) FUNDING.—Of the amount authorized to be ap21 propriated pursuant to section 201, $10,000,000 shall be

22 available for purposes of awarding grants for the studies

23 described in subsections (a) and (b). Such funds shall be

24 available for such purpose until expended.
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1 (g) DEFINITION.—In this section, the term ‘‘Persian

2 Gulf War’’ has the meaning given such term in section

3 101(33) of title 38, United States Code.

4 SEC. 1094. GRANTS FOR RESEARCH INTO THE HEALTH CON5 SEQUENCES OF THE PERSIAN GULF WAR.

6 (a) IN GENERAL.—(1) The Secretary of Defense

7 shall award grants to appropriate non-governmental enti8 ties for purposes of permitting such entities to carry out

9 research to determine—

10 (A) the nature and causes of any illnesses suf11 fered by the individuals referred to in paragraph (2)

12 as a result of service or employment in the South13 west Asia theater of operations during the Persian

14 Gulf War;

15 (B) the methods of transmission, if any, of such

16 illnesses from such individuals to other individuals;

17 and

18 (C) the appropriate treatment for such ill19 nesses.

20 (2) The individuals referred to in paragraph (1)(A)

21 are the following individuals:

22 (i) Individuals who served as members of the

23 Armed Forces in the Southwest Asia theater of op24 erations during the Persian Gulf War.
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1 (ii) Civilian employees of the Department of

2 Defense who were employed by the Department in

3 that theater of operations during that period.

4 (iii) Employees of contractors of the Depart5 ment who were employed in that theater of oper6 ations during that period.

7 (iv) The spouses and children of the individuals

8 referred to in clauses (i) through (iii).

9 (3) In carrying out research under this section, such

10 entities shall give particular consideration to the following:

11 (A) Illnesses or other effects associated with ex12 posure to depleted uranium particles, mycotoxins,

13 genetically-altered organisms, petrochemical toxicity,

14 pesticide poisoning, anthrax vaccines, botulinum tox15 oids, and other chemical hazards and agents.

16 (B) Endemic viral, fungal, bacterial, and rick17 ettsial diseases (including diseases arising from bio18 logical warfare activities).

19 (C) Illnesses or other effects associated with in20 gestion of silica or sand.

21 (D) Assessment of risks to reproductive capac22 ity arising from the illnesses and diseases referred to

23 in subparagraphs (A) through (C).

24 (E) Pediatric disorders.

25 (F) Birth deficiencies.
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1 (G) Post-traumatic stress disorder.

2 (H) Somatoform disorders.

3 (I) Chronic fatigue syndrome.

4 (J) Multiple chemical sensitivities.

5 (b) AWARD PROCESS.—(1) The Secretary of Defense

6 shall award grants under this section in consultation with

7 the Secretary of Health and Human Services.

8 (2) An entity seeking a grant under this section to

9 carry out the research described in subsection (a)(1) shall

10 submit to the Secretary a proposal for the research.

11 (3) The Secretary shall ensure that appropriate indi12 viduals who are not employees of the Federal Govern13 ment—

14 (A) review each proposal submitted to the Sec15 retary under paragraph (2) for purposes of deter16 mining that the proposal—

17 (i) addresses adequately the purposes of

18 the research for which the proposal is submit19 ted; and

20 (ii) meets the technical, scientific, and peer

21 review requirements that apply to similar re22 search carried out under the direction of the

23 Secretary of Health and Human Services; and

24 (B) submit to the Secretary recommendations

25 for the selection by the Secretary of one or more en-
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1 tities so determined as recipients of a grant under

2 subsection (a).

3 (4) The Secretary shall award grants under this sec4 tion to entities selected by the Secretary for that purpose

5 from among the entities identified in the recommendations

6 under paragraph (3)(B).

7 (5) In awarding an entity a grant under paragraph

8 (4), the Secretary shall ensure that the entity—

9 (A) carry out the research covered by the grant

10 in accordance with the proposal submitted to the

11 Secretary under paragraph (2); and

12 (B) not expose human beings to hazardous

13 agents or materials as a result of the research.

14 (c) REPORTS.—(1) The Secretary of Defense and the

15 Secretary of Health and Human Services shall submit to

16 the congressional defense committees and the Committees

17 on Veterans’ Affairs of the Senate and the House of Rep18 resentatives a report on the results of any research carried

19 out under a grant awarded under this section.

20 (2) The Secretary of Defense and the Secretary of

21 Health and Human Services shall submit a report under

22 paragraph (1) on each of March 1, 1995, October 1, 1995,

23 October 1, 1996, and October 1, 1997.

24 (3) Each report submitted under this subsection shall

25 be submitted in unclassified form.
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1 (d) FUNDING.—(1) Of the amount authorized to be

2 appropriated by section 201, $10,000,000 shall be avail3 able for purposes of awarding grants under this section.

4 Such funds shall be available for such purpose until ex5 pended.

6 (2) For each fiscal year in which activities under the

7 study under this section will continue, the Secretary of De8 fense shall provide in the documents submitted to Con9 gress in connection with the budget of the President for

10 the fiscal year a request for such funds as the Secretary

11 determines necessary in order to award grants under this

12 section during that fiscal year.

13 SEC. 1095. COMPATABILITY OF HEALTH REGISTRIES.

14 The Secretary of Defense shall take appropriate ac15 tions to ensure that—

16 (1) the data collected by and the testing proto17 cols of the Persian Gulf War Health Surveillance

18 System are compatible with the data collected by

19 and the testing protocols of the Persian Gulf War

20 Veterans Health Registry; and

21 (2) information on individuals who register with

22 the Department of Defense is provided to the De23 partment of Veterans Affairs for incorporation into

24 the Persian Gulf War Veterans Health Registry.
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1 SEC. 1096. TECHNICAL AMENDMENTS.

2 (a) TITLE 10, UNITED STATES CODE.—Title 10,

3 United States Code, is amended as follows:

4 (1) Section 113(e)(2) is amended by striking

5 out ‘‘section 104’’ and inserting in lieu thereof ‘‘sec6 tion 108’’.

7 (2) Section 133a(b) is amended by striking out

8 ‘‘Under Secretary of Defense for Acquisition’’ and

9 inserting in lieu thereof ‘‘Under Secretary of De10 fense for Acquisition and Technology’’.

11 (3) Section 580a(a) is amended by striking out

12 ‘‘the date of the enactment of this section’’ and in13 serting in lieu thereof ‘‘November 30, 1993,’’.

14 (4)(A) The section 1058 added by section

15 554(a) of Public Law 103–160 (107 Stat. 1663) is

16 redesignated as section 1059.

17 (B) The item relating to that section in the

18 table of sections at the beginning of chapter 53 is

19 revised to conform to the redesignation made by

20 subparagraph (A).

21 (5)(A) The section 1058 added by section

22 1433(b) of Public Law 103–160 (107 Stat. 1834) is

23 redesignated as section 1060.

24 (B) The item relating to that section in the

25 table of sections at the beginning of chapter 53 is
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1 revised to conform to the redesignation made by

2 subparagraph (A).

3 (6) Section 1141 is amended by striking out

4 ‘‘on or after the date of the enactment of the Na5 tional Defense Authorization Act for Fiscal Year

6 1994’’ and inserting in lieu thereof ‘‘after November

7 29, 1993,’’.

8 (7) Section 1151(h)(3)(B)(v) is amended by in9 serting ‘‘school’’ after ‘‘For the fifth’’.

10 (8)(A) The heading of section 1482a is amend11 ed so that the first letter of the fifth word is lower

12 case.

13 (B) The item relating to that section in the

14 table of sections at the beginning of chapter 75 is

15 revised to conform to the amendment made by sub16 paragraph (A).

17 (9) Section 2399 is amended—

18 (A) in subsections (b)(5) and (c)(1), by

19 striking out ‘‘section 138(a)(2)(B)’’ and insert20 ing in lieu thereof ‘‘section 139(a)(2)(B)’’;

21 (B) in subsection (e)(3)(B), by striking out

22 ‘‘solely as a representative of’’ and inserting in

23 lieu thereof ‘‘solely in testing for’’;
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1 (C) in subsection (g), by striking out ‘‘sec2 tion 138’’ and inserting in lieu thereof ‘‘section

3 139’’; and

4 (D) in subsection (h)(1), by striking out

5 ‘‘section 138(a)(2)(A)’’ and inserting in lieu

6 thereof ‘‘section 139(a)(2)(A)’’.

7 (10) Section 2502(d) is amended by striking

8 out ‘‘Executive’’ and inserting in lieu thereof ‘‘execu9 tive’’.

10 (11)(A) Sections 2540 and 2541, as added by

11 section 822(a) of Public Law 103–160 (107 Stat.

12 1705), are redesignated as sections 2539a and

13 2539b, respectively.

14 (B) The items relating to those sections in the

15 table of sections at the beginning of subchapter V of

16 chapter 148 are revised to conform to the

17 redesignations made by subparagraph (A).

18 (12) Section 2865(a)(4) is amended by adding

19 a period at the end.

20 (13) Sections 3022(a)(1), 5025(a)(1), and

21 8022(a)(1) are amended by striking out ‘‘section

22 137(c)’’ and inserting in lieu thereof ‘‘section

23 135(c)’’.
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1 (14) Section 9511 is amended by striking out

2 ‘‘In this subchapter’’ and inserting in lieu thereof

3 ‘‘In this chapter’’.

4 (b) PUBLIC LAW 103–160.—Effective as of Novem5 ber 30, 1993, and as if included therein as enacted, the

6 National Defense Authorization Act for Fiscal Year 1994

7 (Public Law 103–160) is amended as follows:

8 (1) Section 507(d)(3) (107 Stat. 1647) is

9 amended by inserting ‘‘note’’ after ‘‘10 U.S.C.

10 1293’’.

11 (2) Section 551(a)(1) (107 Stat. 1661) is

12 amended by striking out ‘‘Section’’ and inserting in

13 lieu thereof ‘‘Chapter’’.

14 (3) Section 554(b) (107 Stat. 1666) is amend15 ed—

16 (A) in paragraph (1), by striking out ‘‘Sec17 tion 1058 of title 10, United States Code, as

18 added by subsection (a),’’ and inserting in lieu

19 thereof ‘‘The section of title 10, United States

20 Code, added by subsection (a)(1)’’; and

21 (B) in paragraph (2), by striking out

22 ‘‘1058’’.

23 (4) Section 931(c)(1) (107 Stat. 1734) is

24 amended by inserting closing quotation marks before

25 the period at the end.
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1 (5) Section 1314(3) (107 Stat. 1786) is amend2 ed by striking out ‘‘adding at the end’’ and inserting

3 in lieu thereof ‘‘inserting after subsection (f)’’.

4 (6) Section 1433(d) (107 Stat. 1835) is amend5 ed by striking out ‘‘Section 1058 of title 10, United

6 States Code, as added by subsection (a),’’ and in7 serting in lieu thereof ‘‘The section of title 10, Unit8 ed States Code, added by subsection (b)(1)’’.

9 (7) Section 1606(b)(4) (107 Stat. 1847) is

10 amended by striking out ‘‘section 1604(e)’’ and in11 serting in lieu thereof ‘‘section 1605(e)’’.

12 (8) Section 2912(b)(2) (107 Stat. 1925) is

13 amended by striking out ‘‘section 637(d)(1)’’ and in14 serting in lieu thereof ‘‘section 8(d)(1)’’.

15 (9) Section 2926(d) (107 Stat. 1932) is amend16 ed by striking out ‘‘Subsection (d)(1)(2)(C)(iii)’’ and

17 inserting in lieu thereof ‘‘Subsection (d)(2)(C)(iii)’’.

18 (c) OTHER LAWS.—(1) Section 921 of Public Law

19 102–190 (10 U.S.C. 201 note; 105 Stat. 1452) is amend20 ed by striking out ‘‘section 136(b)(3)’’ in subsection (a)

21 and inserting in lieu thereof ‘‘section 138(b)(3)’’.

22 (2) Section 908(c) of title 37, United States Code,

23 is amended by striking out ‘‘section 1058’’ and inserting

24 in lieu thereof ‘‘section 1060’’.
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1 SEC. 1097. NORTH ATLANTIC TREATY ORGANIZATION.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) The North Atlantic Treaty Organization

5 has served as a bulwark of peace, security, and de6 mocracy for the United States and the members of

7 the alliance since 1949.

8 (2) The unswerving resolve of the member

9 states of the North Atlantic Treaty Organization to

10 mutual defense against the threat of communist ag11 gression was central to the demise of the Warsaw

12 Pact.

13 (3) The North Atlantic Treaty Organization is

14 the most successful international security organiza15 tion in history, and is well suited to help marshal

16 our cooperative political, diplomatic, economic, and

17 humanitarian efforts, buttressed by credible military

18 capability aimed at deterring conflict, and thus con19 tributing to international peace and security.

20 (4) The threat of instability in Eastern and

21 Central Europe, as well as in the Southern and

22 Eastern Mediterranean, continues to pose a fun23 damental challenge to the interests of the member

24 states of the North Atlantic Treaty Organization.

25 (5) North Atlantic Treaty Organization assets

26 have been deployed in recent years for more than the
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1 territorial defense of alliance members; and the

2 Rome Summit of October 1991 adopted a new stra3 tegic concept for the North Atlantic Treaty Organi4 zation that entertained the possibility of operations

5 beyond the alliance’s self-defense area.

6 (6) In Oslo in July 1992, and in Brussels in

7 December 1992, the alliance embraced the deploy8 ment of North Atlantic Treaty Organization forces

9 to peacekeeping operations under the auspices of the

10 United Nations or the Conference on Security and

11 Cooperation in Europe.

12 (7) The North Atlantic Treaty Organization

13 should attempt to cooperate with and seek a man14 date from international organizations such as the

15 United Nations when considering responses to out of

16 area crises.

17 (8) Not all members of the international com18 munity share a commonality of interests that would

19 ensure timely action by the United Nations Security

20 Council.

21 (9) The security interests of the member coun22 tries of the North Atlantic Treaty Organization

23 must not be held hostage to indecision at the United

24 Nations or a veto by a permanent member of the Se25 curity Council.
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1 (b) SENSE OF CONGRESS.—It is the sense of the

2 Congress that—

3 (1) it should be the policy of the United States

4 that, in accordance with article 53 of the United Na5 tions Charter, the North Atlantic Treaty Organiza6 tion retains the right of autonomy of action regard7 ing missions in addition to collective defense should

8 the United Nations Security Council or the Con9 ference on Security and Cooperation in Europe fail

10 to act;

11 (2) while it is desirable to work with other

12 international organizations and arrangements where

13 feasible in dealing with threats to the peace, the

14 North Atlantic Treaty Organization is not an auxil15 iary to the United Nations or any other organiza16 tion; and

17 (3) the member states of the North Atlantic

18 Treaty Organization reserve the right to act collec19 tively in defense of their vital interests.

20 SEC. 1098. LIMITATION ON OBLIGATION OF FUNDS FOR

21 MARK–6 GUIDANCE SETS FOR TRIDENT II

22 MISSILES.

23 (a) LIMITATION.—Until the certification in sub24 section (b) has been provided to the congressional defense

25 committees, funds appropriated for fiscal year 1995 for
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1 the Navy may not be obligated to procure more than 14

2 Mark–6 guidance sets for Trident II missiles.

3 (b) CERTIFICATION.—Before the Secretary of De4 fense may obligate funds for Mark–6 guidance sets in ad5 dition to the 14 sets authorized in subsection (a), he shall

6 certify to the congressional defense committees that fail7 ure to procure such additional units would pose an unac8 ceptable risk to the long-term readiness and reliability of

9 the Trident II missile program.

10 SEC. 1099. MILITARY PLANNING FOR THE SIZE AND STRUC11 TURE OF A FORCE REQUIRED FOR A MAJOR

12 REGIONAL CONTINGENCY ON THE KOREAN

13 PENINSULA.

14 (a) FINDINGS.—Congress finds as follows:

15 (1) Whereas the Administration commissioned

16 the Bottom-Up Review to properly size and struc17 ture the Armed Forces of the United States for the

18 Post-Cold-War Era;

19 (2) Whereas the Bottom-Up Review itself cites

20 the need for the Armed Forces of the United States

21 to be large enough to prevail in two major regional

22 conflicts, similar in nature to the 1991 war against

23 Iraq, ‘‘nearly simultaneously’’;

24 (3) Whereas the Bottom-Up Review gives spe25 cial consideration to a scenario that hypothesizes
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1 that the two ‘‘nearly simultaneous’’ conflicts would

2 occur in Korea and the Persian Gulf;

3 (4) Whereas the United States sent 7 Army di4 visions, the equivalent of 10 Air Force tactical fight5 er wings, 70 heavy bombers, 6 Navy aircraft carrier

6 battle groups, and 5 Marine Corps brigades to the

7 Persian Gulf to fight the war against Iraq;

8 (5) Whereas the Bottom-Up Review asserts

9 that the forces needed to fight two conflicts similar

10 to that with Iraq can be drawn from a total military

11 force of between 15 and 16 Army divisions, 20 Air

12 Force tactical fighter wings, 184 heavy bombers, 11

13 active Navy aircraft carriers (along with one reserve/

14 training carrier), and the equivalent of 12 Marine

15 Corp brigades;

16 (6) Whereas the Bottom-Up Review recognizes

17 that approximately 100,000 members of the United

18 States Armed Forces will be stationed in Europe;

19 (7) Whereas the Bottom-Up Review recognizes

20 that sizeable numbers of United States forces could

21 be involved in peace enforcement and intervention

22 operations at any one time;

23 (8) Whereas the Bottom-Up Review makes no

24 specific recommendation as to the number of forces

25 to be held in reserve to provide a rotation base ei-
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1 ther to relieve troops in the event one or both hypo2 thetical conflicts result in lengthy deployments or to

3 replace combat losses;

4 (9) Whereas military planners calculate that the

5 number of United States forces needed to help de6 feat an invasion of South Korea by North Korea

7 may exceed 430,000 United States military person8 nel;

9 (10) Whereas the size of the force military

10 planners may request to help defend South Korea

11 could exceed the levels that are consistent with the

12 recommendations of Bottom-Up Review if the exist13 ing and future force requirements for a presence in

14 Europe, possible peace enforcement operations, and

15 an adequate rotation base, as well as a second re16 gional conflict, must be fulfilled simultaneously.

17 (b) SENSE OF CONGRESS.—It is the Sense of Con18 gress:

19 (1) that the force structure identified in the

20 Bottom-Up Review may not be used to limit the size

21 or structure of the force United States military com22 manders may request in preparation for a major re23 gional contingency on the Korean peninsula;

24 (2) and that the Chairmen and Ranking Mem25 bers of the House and Senate Committees on Armed
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1 Services and Chairmen and Ranking members of the

2 House and Senate Appropriations Subcommittees on

3 Defense should receive regular briefings from the

4 Department of Defense of the situation on the Ko5 rean peninsula;

6 (3) and that the conclusions of the Bottom-Up

7 Review should be continuously examined in light of

8 the lessons learned from preparation for a major re9 gional contingency on the Korean peninsula and

10 from other military operations.

11 DIVISION B—MILITARY CON12 STRUCTION AUTHORIZA13 TIONS

14 SEC. 2001. SHORT TITLE.

15 This division may be cited as the ‘‘Military Construc16 tion Authorization Act for Fiscal Year 1995’’.

17 TITLE XXI—ARMY

18 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

19 ACQUISITION PROJECTS.

20 (a) INSIDE THE UNITED STATES.—Using amounts

21 appropriated pursuant to the authorization of appropria22 tions in section 2104(a)(1), the Secretary of the Army

23 may acquire real property and carry out military construc24 tion projects in the total amount of $396,750,000 for the

25 installations and locations inside the United States, and
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1 in the amounts for such installations and locations, set

2 forth in the following table:

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 .................................... $8,500,000

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

3 (b) OUTSIDE THE UNITED STATES.—Using amounts

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(2), the Secretary of the Army

6 may acquire real property and carry out military construc7 tion projects in the total amount of $31,400,000 for the

8 installation and location outside the United States, and

9 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 $1,731,286,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2101(a),

18 $396,750,000.

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, Unit24 ed 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 $1,067,708,000, 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 SEC. 2016. HIGHWAY SAFETY AT HAWTHORNE ARMY AMMU16 NITION PLANT, NEVADA.

17 (a) STUDY.—The Secretary of the Army shall carry

18 out a study of traffic safety on the highway at the Haw19 thorne Army Ammunition Plant, Nevada. In carrying out

20 the study, the Secretary shall—

21 (1) evaluate traffic safety on the highway, in22 cluding traffic safety with respect to the rail and

23 truck crossing of the highway at the Plant;

24 (2) evaluate the feasibility and desirability of

25 constructing a vehicle bridge over the rail and truck

26 crossing; and
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1 (3) determine whether any construction re2 quired to improve traffic safety on the highway be

3 funded as a military construction project or as a de4 fense access road construction project.

5 (b) ARCHITECTURAL AND ENGINEERING SERVICES

6 AND CONSTRUCTION DESIGN.—If the Secretary deter7 mines as a result of the study under subsection (a) that

8 construction of a vehicle bridge over the rail and truck

9 crossing referred to in paragraph (1) of that subsection

10 is feasible and desirable, the Secretary should—

11 (1) obtain architectural and engineering activi12 ties and carry out construction design with respect

13 to the construction of the bridge; or

14 (2) request that the Secretary of Transpor15 tation carry out the construction of the bridge as

16 project for the construction of a defense access road

17 under section 210 of title 23, United States Code.

18 TITLE XXII—NAVY

19 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

20 ACQUISITION PROJECTS.

21 (a) INSIDE THE UNITED STATES.—Using amounts

22 appropriated pursuant to the authorization of appropria23 tions in section 2204(a)(1), the Secretary of the Navy may

24 acquire real property and carry out military construction

25 projects in the total amount of $239,265,000 for the in-
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1 stallations and locations inside the United States, and in

2 the amounts for such installations and locations, set forth

3 in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona .................... Yuma Marine Corps Air Station ......... $15,085,000

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
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects in the total amount of $50,810,000 for the instal6 lations and locations outside the United States, and in the

7 amounts for such installations and locations, set forth in

8 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

9 SEC. 2202. FAMILY HOUSING.

10 (a) CONSTRUCTION AND ACQUISITION.—Using

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2204(a)(5)(A), the Secretary of the

13 Navy may construct or acquire family housing units (in14 cluding land acquisition) in the total amount of

15 $49,012,000 at the installations, for the purposes, and in

16 the amounts for such installations and purposes set forth

17 in the following table:
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Navy: Family Housing

State Installation Purpose Amount

California ......... Camp Pendleton

Marine Corps

Base ................. 196 units .......... $28,552,000

San Diego Naval

Public Works

Center .............. 136 units .......... $18,262,000

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.
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal years beginning after September

4 30, 1994, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Navy in the total amount of $1,507,349,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $239,265,000.

10 (2) For military construction projects outside

11 the United States authorized by section 2201(b),

12 $50,810,000.

13 (3) For unspecified minor construction projects

14 authorized by section 2805 of title 10, United States

15 Code, $7,000,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $43,380,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition of

21 military family housing and facilities,

22 $229,295,000.

23 (B) For support of military family housing

24 (including functions described in section 2833

25 of title 10, United States Code), $937,599,000,

26 of which not more than $114,336,000 may be
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1 obligated or expended for the leasing of military

2 family housing units worldwide.

3 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variation authorized by law, the total cost

7 of all projects carried out under section 2201 of this Act

8 may not exceed the total amount authorized to be appro9 priated under paragraphs (1) and (2) of subsection (a).

10 SEC. 2205. AUTHORITY TO CARRY OUT CONSTRUCTION

11 PROJECT, NAVAL SUPPLY CENTER, PENSA12 COLA, FLORIDA.

13 Funds appropriated by the Military Construction Ap14 propriations Act, 1994 (Public Law 103–110; 107 Stat.

15 1037) that are available for construction of a cold storage

16 facility at Naval Supply Center, Pensacola, Florida, in ac17 cordance with authorizations provided in section 2201(a)

18 of the Military Construction Authorization Act for Fiscal

19 Year 1992 (division B of Public Law 102–190; 105 Stat.

20 1514), as enacted, may be expended for the portion of the

21 construction of such facility that is associated with De22 partment of the Navy contract N62467–86–C–0421.
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1 SEC. 2206. RELOCATION OF PASCAGOULA COAST GUARD

2 STATION, MISSISSIPPI.

3 (a) AGREEMENT ON RELOCATION.—Not later than

4 90 days after the date of the enactment of this Act, the

5 Secretary of the Navy and the Secretary of Transportation

6 shall enter into an agreement that provides for the reloca7 tion of the activities and functions of Pascagoula Coast

8 Guard Station to Pascagoula Naval Station, Pascagoula,

9 Mississippi.

10 (b) CONDITIONS.—The agreement under subsection

11 (a) shall include the following provisions:

12 (1) That the Navy not incur any construction

13 costs relating to the relocation.

14 (2) That the design, construction, and location

15 of Coast Guard facilities, and the conduct of activi16 ties by the Coast Guard, at Pascagoula Naval Sta17 tion not interfere with the performance of the mis18 sion of the Navy.

19 SEC. 2207. AUTHORITY TO CARRY OUT CONSTRUCTION DE20 SIGN FOR MAYPORT NAVAL STATION, FLOR21 IDA.

22 (a) AUTHORITY TO CARRY OUT CONSTRUCTION DE23 SIGN.—Subject to subsection (b), the Secretary of the

24 Navy may carry out construction design activities in con25 nection with the military construction projects that the

26 Secretary identifies as necessary for the improvement of
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1 the facilities located at Mayport Naval Station, Florida,

2 so that such facilities may be used as the homeport of

3 a nuclear powered aircraft carrier.

4 (b) REQUIREMENT RELATING TO COMMENCEMENT

5 OF DESIGN.—The Secretary may not carry out the con6 struction design activities authorized under subsection (a)

7 until the Secretary—

8 (1) completes a study that identifies the im9 provements to the facilities referred to in that sub10 section that are necessary so that such facilities may

11 be used as the homeport of a nuclear powered air12 craft carrier; and

13 (2) completes a programmatic environmental

14 impact study on the effect of such improvements on

15 the environment.

16 (c) CONSTRUCTION OF AUTHORITY.—This section

17 may not be construed or interpreted as an authorization

18 for the Secretary to commence or proceed with any mili19 tary construction project relating to the improvement of

20 the facilities of Mayport Naval Station, Florida, for the

21 purpose referred to in subsection (a).
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1 TITLE XXIII—AIR FORCE

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

3 LAND ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(a)(1), the Secretary of the Air Force

7 may acquire real property and carry out military construc8 tion projects in the total amount of $412,004,000 for the

9 installations and locations inside the United States, and

10 in the amounts for such installations and locations, set

11 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

Elmendorf Air Force Base ............. $5,000,000

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

United States Air Force Academy . $3,600,000

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
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Air Force: Inside the United States—Continued

State Installation or location Amount

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 ........... Ellsworth Air Force Base .............. $4,500,000

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

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
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Air Force: Outside the United States—Continued

Country Installation or location Amount

Portugal ................... Lajes Field ..................................... $2,850,000

United Kingdom ...... RAF Lakenheath ........................... $7,100,000

Overseas Classified .. Classified Location ......................... $4,050,000

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) in the total amount of

7 $172,310,000 at the installations, for the purposes, and

8 in the amounts for such installations and purposes set

9 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

Los Angeles Air

Force Base ....... 50 units ............ $8,962,000

Vandenberg Air

Force Base ....... 128 units .......... $16,460,000

District of Columbia.Bolling Air Force

Base ................. 100 units .......... $9,000,000

Florida ............. Patrick Air Force

Base ................. 75 units ............ $7,145,000

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
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Air Force: Family Housing—Continued

State or Country Installation Purpose Amount

Louisiana ......... Barksdale Air

Force Base ....... 82 units ............ $8,236,000

Missouri ........... Whiteman Air

Force Base ....... Housing Office . $567,000

New Mexico ...... Cannon Air Force

Base ................. 1 unit ............... $230,000

Holloman Air

Force Base ....... 76 units ............ $7,733,000

Kirtland Air Force

Base ................. 106 units .......... $10,058,000

North Carolina . Pope Air Force

Base ................. 120 units .......... $14,874,000

Seymour Johnson

Air Force Base 74 units ............ $6,025,000

North Dakota .. Grand Forks Air

Force Base ....... Housing Office . $709,000

South Carolina . Shaw Air Force

Base ................. 3 units .............. $631,000

Texas ............... Dyess Air Force

Base ................. 59 units ............ $7,077,000

Utah ................. Hill Air Force

Base ................. 138 units .......... $11,400,000

Virginia ............ Langley Air Force

Base ................. 148 units .......... $14,421,000

Washington ...... Fairchild Air

Force Base ....... 6 units .............. $1,035,000

Wyoming .......... F.E. Warren Air

Force Base ....... 106 units .......... $11,321,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,275,000.
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1 SEC. 2303. 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 2304(a)(6)(A),

6 the Secretary of the Air Force may improve existing mili7 tary family housing units in an amount not to exceed

8 $61,770,000.

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

10 FORCE.

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 Air Force in the total amount of $1,594,863,000 as fol16 lows:

17 (1) For military construction projects inside the

18 United States authorized by section 2301(a),

19 $412,004,000.

20 (2) For military construction projects outside

21 the United States authorized by section 2301(b),

22 $38,273,000.

23 (3) For unspecified minor construction projects

24 authorized by section 2805 of title 10, United States

25 Code, $7,000,000.
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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, $49,386,000.

4 (5) For the balance of the amount authorized

5 under section 2301(a) of the Military Construction

6 Authorization Act for Fiscal Year 1993 (division B

7 of Public Law 102–484; 106 Stat. 2593) for the

8 construction of the climatic test chamber at Eglin

9 Air Force Base, Florida, $20,000,000.

10 (6) For military family housing functions:

11 (A) For construction and acquisition of

12 military family housing and facilities,

13 $243,355,000.

14 (B) For support of military family housing

15 (including functions described in section 2833

16 of title 10, United States Code), $824,845,000

17 of which not more than $112,757,000 may be

18 obligated or expended for leasing of military

19 family housing units worldwide.

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

23 any other cost variation authorized by law, the total cost

24 of all projects carried out under section 2301 of this Act
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1 may not exceed the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection (a).

3 SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION

4 PROJECTS AT TYNDALL AIR FORCE BASE,

5 FLORIDA, FOR WHICH FUNDS HAVE BEEN AP6 PROPRIATED.

7 The table in section 2301 of the Military Construc8 tion Authorization Act for Fiscal Year 1994 (division B

9 of Public Law 103–160; 107 Stat. 1866) is amended in

10 the item relating to Tyndall Air Force Base, Florida, by

11 striking out ‘‘$2,600,000’’ in the column under the head12 ing ‘‘Amount’’ and inserting in lieu thereof ‘‘$8,200,000’’.

13 SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING

14 PROJECT, TYNDALL AIR FORCE BASE, FLOR15 IDA.

16 The table in section 2302(a) of the Military Construc17 tion Authorization Act for Fiscal Year 1994 (division B

18 of Public Law 103–160; 107 Stat. 1869) is amended in

19 the item relating to Tyndall Air Force Base, Florida, by

20 striking out ‘‘Infrastructure’’ in the third column and in21 serting in lieu thereof ‘‘45 units’’.
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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2405(a)(1), the Sec7 retary of Defense may acquire real property and carry out

8 military construction projects in the total amount of

9 $413,700,000 for the installations and locations inside the

10 United States, and in the amounts for such installations

11 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

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
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Section 6 Schools ..... Naval Surface Warfare Center,

Virginia.

$1,560,000

Special Operations

Force ..................... Eglin Auxiliary Field No. 9, Florida.$21,750,000

Fort Bragg, North Carolina .......... $16,000,000

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

8 SEC. 2403. 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 2405(a)(11)(A),

13 the Secretary of Defense may improve existing military

14 family housing units in an amount not to exceed $50,000.
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1 SEC. 2404. ENERGY CONSERVATION PROJECTS.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(8), the Sec4 retary of Defense may carry out energy conservation

5 projects under section 2865 of title 10, United States

6 Code.

7 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE8 FENSE AGENCIES.

9 (a) IN GENERAL.—Funds are hereby authorized to

10 be appropriated for fiscal years beginning after September

11 30, 1994, for military construction, land acquisition, and

12 military family housing functions of the Department of

13 Defense (other than the military departments) in the total

14 amount of $3,252,058,000 as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 2401(a),

17 $152,700,000.

18 (2) For military construction projects at Ports19 mouth Naval Hospital, Virginia, authorized by sec20 tion 2401(a) of the Military Construction Authoriza21 tion Act for Fiscal Years 1990 and 1991 (division

22 B of Public Law 101–189; 103 Stat. 1640),

23 $120,000,000.

24 (3) For military construction projects at El25 mendorf Air Force Base, Alaska, hospital replace26 ment, authorized by section 2401(a) of the Military
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1 Construction Authorization Act for Fiscal Year 1993

2 (division B of Public Law 102–484; 106 Stat.

3 2599), $66,000,000.

4 (4) For military construction projects at Fort

5 Bragg, North Carolina, hospital replacement, au6 thorized by section 2401(a) of the Military Construc7 tion Authorization Act for Fiscal Year 1993 (divi8 sion B of Public Law 102–484; 106 Stat. 2599),

9 $75,000,000.

10 (5) For unspecified minor construction projects

11 under section 2805 of title 10, United States Code,

12 $22,348,000.

13 (6) For contingency construction projects of the

14 Secretary of Defense under section 2804 of title 10,

15 United States Code, $8,511,000.

16 (7) For architectural and engineering services

17 and for construction design under section 2807 of

18 title 10, United States Code, $51,960,000.

19 (8) For energy conservation projects authorized

20 by section 2404, $50,000,000.

21 (9) For base closure and realignment activities

22 as authorized by the Defense Authorization Amend23 ments and Base Closure and Realignment Act (title

24 II of Public Law 100–526; 10 U.S.C. 2687 note),

25 $87,600,000.
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1 (10) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of

4 Public Law 101–510; 10 U.S.C. 2687 note):

5 (A) For military installations approved for

6 closure or realignment in 1991, $398,700,000.

7 (B) For military installations approved for

8 closure or realignment in 1993,

9 $2,189,858,000.

10 (11) For military family housing functions:

11 (A) For construction and acquisition of

12 military family housing and facilities, $350,000.

13 (B) For support of military housing (in14 cluding functions described in section 2833 of

15 title 10, United States Code), $29,031,000, of

16 which not more than $24,051,000 may be obli17 gated or expended for the leasing of military

18 family housing units worldwide.

19 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

20 PROJECTS.—Notwithstanding the cost variations author21 ized by section 2853 of title 10, United States Code, and

22 any other cost variations authorized by law, the total cost

23 of all projects carried out under section 2401 of this Act

24 may not exceed—
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1 (1) the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection

3 (a) and subsection (b);

4 (2) $94,000,000 (the balance of the amount au5 thorized for construction of a chemical munitions de6 militarization facility at Pine Bluff Arsenal, Arkan7 sas); and

8 (3) $167,000,000 (the balance of the amount

9 authorized for construction of a chemical munitions

10 demilitarization facility at Umatilla Army Depot,

11 Oregon).

12 SEC. 2406. TERMINATION OF AUTHORITY TO CARRY OUT

13 FISCAL YEAR 1993 PROJECT.

14 (a) TERMINATION OF AUTHORITY.—The table in sec15 tion 2401(a) of the Military Construction Authorization

16 Act for Fiscal Year 1993 (division B of Public Law 102–

17 484; 106 Stat. 2599) is amended by striking out the item

18 relating to Fitzsimons Army Medical Center, Colorado.

19 (b) CONFORMING AMENDMENTS.—(1) Subsection (a)

20 of section 2403 of such Act (106 Stat. 2600) is amend21 ed—

22 (A) in the matter above paragraph (1), by strik23 ing out ‘‘$2,567,146,000’’ and inserting in lieu

24 thereof ‘‘$2,565,146,000’’; and
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1 (B) in paragraph (1), by striking out

2 ‘‘$87,950,000’’ and inserting in lieu thereof

3 ‘‘$85,950,000’’.

4 (2) Subsection (c) of such section is amended—

5 (A) by inserting ‘‘and’’ at the end of paragraph

6 (4);

7 (B) by striking out ‘‘; and’’ at the end of para8 graph (5) and inserting lieu thereof a period; and

9 (C) by striking out paragraph (6).

10 SEC. 2407. COMMUNITY IMPACT ASSISTANCE WITH REGARD

11 TO NAVAL WEAPONS STATION, CHARLESTON,

12 SOUTH CAROLINA.

13 Of the amount appropriated pursuant to the author14 ization of appropriations in section 2405(a)(10)(B), the

15 Secretary of the Navy shall transfer $3,000,000 to the

16 South Carolina Department of Highways and Public

17 Transportation. Funds transferred pursuant to this sec18 tion shall be used for making improvements to North

19 Rhett Avenue, Charleston, South Carolina.

20 SEC. 2408. PLANNING AND DESIGN FOR CONSTRUCTION IN

21 SUPPORT OF CONSOLIDATION OF OPER22 ATIONS OF THE DEFENSE FINANCE AND AC23 COUNTING SERVICE.

24 Of the amount authorized to be appropriated by sec25 tion 2405(a)(7), $6,000,000 shall be available for plan-
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1 ning and design activities relating to military construction

2 in support of the consolidation of operations of the De3 fense Finance and Accounting Service.

4 TITLE XXV—NORTH ATLANTIC

5 TREATY ORGANIZATION IN6 FRASTRUCTURE

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

8 ACQUISITION PROJECTS.

9 The Secretary of Defense may make contributions for

10 the North Atlantic Treaty Organization Infrastructure

11 Program as provided in section 2806 of title 10, United

12 States Code, in an amount not to exceed the sum of the

13 amount authorized to be appropriated for this purpose in

14 section 2502 and the amount collected from the North At15 lantic Treaty Organization as a result of construction pre16 viously financed by the United States.

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

18 Funds are hereby authorized to be appropriated for

19 fiscal years beginning after September 30, 1994, for con20 tributions by the Secretary of Defense under section 2806

21 of title 10, United States Code, for the share of the United

22 States of the cost of projects for the North Atlantic Treaty

23 Organization Infrastructure Program as authorized by

24 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, $180,312,000; and

16 (B) for the Army Reserve, $37,870,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $17,355,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $240,003,000; and

22 (B) for the Air Force Reserve,

23 $43,840,000.
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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 ‘‘$287,958,000’’; 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
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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

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:

California Defense Language Institute,

Monterey ........... Audio Visual Facility ...... $2,322,000

Defense Language Institute,

Monterey ........... Print Plant ...................... $1,860,000

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

13 subsection (a) shall take effect as if included in the provi-
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1 sions of the Military Construction Authorization Act for

2 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1822)

3 to which such amendment relates.

4 SEC. 2704. EXTENSION OF CERTAIN FISCAL YEAR 1991

5 PROJECTS.

6 (a) EXTENSIONS.—Notwithstanding section 2701(b)

7 of the Military Construction Authorization Act for Fiscal

8 Year 1991 (division B of Public Law 101–510; 104 Stat.

9 1782), authorizations for the projects set forth in the table

10 in subsection (b) as provided in section 2401(a) of that

11 Act and extended by section 2702(a) of the Military Con12 struction Authorization Act for Fiscal Year 1992 (division

13 B of Public Law 102–190; 105 Stat. 1535) and section

14 2702 of the Military Construction Authorization Act for

15 Fiscal Year 1994 (division B of Public Law 103–160; 107

16 Stat. 1880), as amended by section 2703 of this Act, shall

17 remain in effect until October 1, 1995, or the date of the

18 enactment of an Act authorizing funds for military con19 struction for fiscal year 1995, whichever is later.

20 (b) TABLE.—The table referred to in subsection (a)

21 is as follows:

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
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Defense Agencies: Extension of 1991 Project Authorizations—

Continued

State Installation or

location Project Amount

Defense Language Institute,

Monterey.

Print Plant ...................... $1,860,000

Maryland Defense Logistics

Agency, Defense

Reutilization and

Marketing Office, Fort Meade Covered Storage .............. $9,500,000

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
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1 sentence if the project (including the amount requested

2 for the project) is identified in the budget materials sub3 mitted to Congress by the Secretary of Defense in connec4 tion with the submission to Congress of the budget for

5 a fiscal year pursuant to section 1105 of title 31.’’.

6 SEC. 2802. AUTHORITY TO PAY CLOSING COSTS UNDER

7 HOMEOWNERS ASSISTANCE PROGRAM.

8 Section 1013(c) of the Demonstration Cities and

9 Metropolitan Development Act of 1966 (42 U.S.C.

10 3374(c)) is amended by inserting after the first sentence

11 the following: ‘‘The Secretary may also pay a person who

12 elects to receive a cash payment under clause (1) of the

13 preceding sentence an amount that the Secretary deter14 mines appropriate to reimburse the person for the costs

15 incurred by the person in the sale of the property if the

16 Secretary determines that such payment will benefit the

17 person and is in the best interest of the Federal Govern18 ment.’’.

19 Subtitle B—Base Closure Matters

20 SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN

21 BASE CLOSURE PROCESS OF ADVANCE CON22 VERSION PLANNING UNDERTAKEN BY PO23 TENTIAL AFFECTED COMMUNITIES.

24 (a) DEPARTMENT OF DEFENSE RECOMMENDA25 TIONS.—Subsection (c)(3) of section 2903 of the Defense
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1 Base Closure and Realignment Act of 1990 (part A of title

2 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

3 amended—

4 (1) by inserting ‘‘(A)’’ before ‘‘In considering’’;

5 and

6 (2) by adding at the end the following new sub7 paragraph:

8 ‘‘(B) In considering military installations for closure

9 or realignment, the Secretary may not take into account

10 for any purpose any advance conversion planning under11 taken by an affected community with respect to the antici12 pated closure or realignment of an installation.

13 ‘‘(C) For purposes of subparagraph (B), in the case

14 of a community anticipating the economic effects of a clo15 sure or realignment of a military installation, advance con16 version planning—

17 ‘‘(i) shall include community adjustment and

18 economic diversification planning undertaken by the

19 community before an anticipated selection of a mili20 tary installation in or near the community for clo21 sure or realignment; and

22 ‘‘(ii) may include the development of contin23 gency redevelopment plans, plans for economic devel24 opment and diversification, and plans for the joint

25 use (including civilian and military use, public and
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1 private use, civilian dual use, and civilian shared

2 use) of the property or facilities of the installation

3 after the anticipated closure or realignment.’’.

4 (b) COMMISSION RECOMMENDATIONS.—Subsection

5 (d)(2) of such section is amended by adding at the end

6 the following:

7 ‘‘(E) In making recommendations under this para8 graph, the Commission may not take into account for any

9 purpose any advance conversion planning undertaken by

10 an affected community with respect to the anticipated clo11 sure or realignment of a military installation.’’.

12 SEC. 2812. CLARIFYING AND TECHNICAL AMENDMENTS TO

13 BASE CLOSURE LAWS.

14 (a) CLARIFICATION OF SCOPE OF TERMINATION OF

15 AUTHORITY UNDER 1988 ACT.—Section 202(c) of the

16 Defense Authorization Amendments and Base Closure and

17 Realignment Act (Public Law 100–526; 10 U.S.C. 2687

18 note) is amended—

19 (1) by striking out ‘‘The authority’’ and insert20 ing in lieu thereof ‘‘(1) Except as provided in para21 graph (2), the authority’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(2) The termination of authority set forth in para25 graph (1) shall not apply to the authority of the Secretary
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1 to carry out environmental restoration and waste manage2 ment at, or disposal of property of, military installations

3 closed or realigned under this title.’’.

4 (b) USE OF UNOBLIGATED FUNDS IN 1988 ACCOUNT

5 FOR ENVIRONMENTAL RESTORATION AND PROPERTY

6 DISPOSAL.—Section 207(a)(5) of such Act is amended—

7 (1) by striking out ‘‘Unobligated funds’’ and in8 serting in lieu thereof ‘‘(A) Except as provided in

9 subparagraph (B), unobligated funds’’; and

10 (2) by adding at the end the following new sub11 paragraph:

12 ‘‘(B) The Secretary may, after the termination of au13 thority referred to in subparagraph (A), use any unobli14 gated funds referred to in that subparagraph that are not

15 transferred in accordance with that subparagraph to carry

16 out environmental restoration and waste management at,

17 or disposal of property of, military installations closed or

18 realigned under this title.’’.

19 (c) CLARIFICATION OF DISPOSAL AUTHORITY.—

20 (1) UNDER 1988 ACT.—Section 204(b)(1) of

21 such Act is amended in the matter above paragraph

22 (1) by striking out ‘‘real property and facilities’’ and

23 inserting in lieu thereof ‘‘real property, facilities,

24 and personal property’’.
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1 (2) UNDER 1990 ACT.—Section 2905(b)(1) of

2 the Defense Base Closure and Realignment Act of

3 1990 (part A of title XXIX of Public Law 101–510;

4 10 U.S.C. 2687 note) is amended in the matter

5 above paragraph (1) by striking out ‘‘real property

6 and facilities’’ and inserting in lieu thereof ‘‘real

7 property, facilities, and personal property’’.

8 (d) DEFINITION OF REDEVELOPMENT AUTHOR9 ITY.—

10 (1) UNDER 1988 ACT.—Section 209(10) of the

11 Defense Authorization Amendments and Base Clo12 sure and Realignment Act (Public Law 100–526; 10

13 U.S.C. 2687 note) is amended by striking out ‘‘and

14 for’’ and inserting in lieu thereof ‘‘or for’’.

15 (2) UNDER 1990 ACT.—Section 2910(9) of the

16 Defense Base Closure and Realignment Act of 1990

17 (part A of title XXIX of Public Law 101–510; 10

18 U.S.C. 2687 note) is amended by striking out ‘‘and

19 for’’ and inserting in lieu thereof ‘‘or for’’.

20 (3) EFFECTIVE DATE.—The amendments made

21 by paragraphs (1) and (2) shall take effect as if in22 cluded in the amendments made by 2918 of the Na23 tional Defense Authorization Act for Fiscal Year

24 1994 (Public Law 103–160; 107 Stat. 1927).
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1 (e) TECHNICAL AMENDMENTS FOR INTERNAL CON2 SISTENCY.—

3 (1) 1988 ACT.—Section 204(b)(3) of the De4 fense Authorization Amendments and Base Closure

5 and Realignment Act (Public Law 100–526; 10

6 U.S.C. 2687 note) is amended—

7 (A) in subparagraph (A)(ii), by striking

8 out ‘‘determines to be related to real property

9 and’’; and

10 (B) in subparagraph (E), by striking out

11 ‘‘related’’ in the matter above clause (i).

12 (2) 1990 ACT.—Section 2905(b)(3)(A)(ii) of the

13 Defense Base Closure and Realignment Act of 1990

14 (part A of title XXIX of Public Law 101–510; 10

15 U.S.C. 2687 note) is amended by striking out ‘‘de16 termines to be related to real property and’’.

17 (3) EFFECTIVE DATE.—The amendments made

18 by paragraphs (1) and (2) shall take effect as if in19 cluded in the amendments made by 2902 of the Na20 tional Defense Authorization Act for Fiscal Year

21 1994 (Public Law 103–160; 107 Stat. 1909).
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1 SEC. 2813. SENSE OF SENATE ON THE ACTIVITIES OF THE

2 SECRETARY OF DEFENSE IN SUPPORT OF

3 COMMUNITIES AFFECTED BY BASE CLO4 SURES.

5 (a) FINDINGS.—The Senate makes the following

6 findings:

7 (1) The closure or realignment of a major mili8 tary installation can cause severe economic disrup9 tion to the host community for the installation.

10 (2) Communities affected by the closure of a

11 major military installation under a base closure law

12 dedicate significant time, effort, and resources to

13 planning for the economic redevelopment of the in14 stallation.

15 (3) The Federal Government can ease the dis16 ruption caused by the closure of a military installa17 tion by working cooperatively with the host commu18 nity for the installation to implement the commu19 nity’s redevelopment plan for the installation.

20 (4) In recent years, the Federal Government

21 has not always provided sufficient assistance to com22 munities affected by the closure of a military instal23 lation under a base closure law in the efforts of such

24 communities to provide for the economic redevelop25 ment of the installation.
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1 (5) In July 1993, the President issued a five2 point plan for revitalizing base closure communities

3 which emphasized the economic recovery of commu4 nities affected by the closure of a military installa5 tion under a base closure law.

6 (6) In November 1993, Congress agreed to the

7 provisions of subtitle A of title XXIX of the Na8 tional Defense Authorization Act for Fiscal Year

9 1994 (Public Law 103–160; 107 Stat. 1909), and

10 the amendments made thereunder, in order to imple11 ment the plan referred to in paragraph (5) and to

12 provide other assistance to communities attempting

13 to redevelop military installations approved for clo14 sure under a base closure law.

15 (7) The Secretary of Defense is accepting pub16 lic comment on the guidelines for implementation of

17 the provisions of law referred to in paragraph (6).

18 (b) SENSE OF THE SENATE.—It is the sense of the

19 Senate that the Secretary of Defense should—

20 (1) ensure that the regulations implementing

21 the provisions of subtitle A of title XXIX of the Na22 tional Defense Authorization Act for Fiscal Year

23 1994 (Public Law 103–160; 107 Stat. 1909), and

24 the amendments made thereunder, reflect the intent

25 of Congress that, to the maximum extent prac-
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1 ticable, the Secretary take into consideration the re2 development plans of affected communities when

3 taking actions or implementing decisions on the clo4 sure of a military installation approved for closure

5 under a base closure law;

6 (2) ensure that the regulations implementing

7 such provisions reflect the intent of Congress to en8 courage and promote cooperation and dialogue be9 tween the Federal Government and communities af10 fected by the closure of an installation throughout

11 the base closure process; and

12 (3) develop a system of incentives or awards to

13 encourage Department of Defense personnel to pro14 vide greater assistance to and cooperation with com15 munities affected by the closure of an installation

16 during the ongoing effort of revitalizing the economy

17 of such communities.

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-
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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-
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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
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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-
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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.
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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
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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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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
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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 (F) A parcel of property, including any im9 provements thereon, consisting of approximately 440

10 acres located at the Hawthorne Army Ammunition

11 Plant, Mineral County, Nevada, and commonly re12 ferred to as the Babbitt Housing Site.

13 (G) A parcel of real property, including any im14 provements thereon and the pier associated there15 with, consisting of approximately 118 acres and lo16 cated in Harpswell, Maine, the location of the De17 fense Fuel Supply Point, Casco Bay, Maine.

18 (2) The exact acreage and legal description of the real

19 property referred to in paragraph (1) that is transferred

20 or conveyed under this section shall be determined by a

21 survey satisfactory to the Secretary of the military depart22 ment concerned. The cost of the survey shall be borne by

23 the Secretary concerned. The transferee or conveyee, if

24 any, of the property under this section shall reimburse the
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1 Secretary concerned for the cost borne by that Secretary

2 for the survey of the property.

3 (c) DETERMINATION OF TRANSFEREES.—(1) Subject

4 to subsection (a)(2), the Administrator shall transfer ju5 risdiction over all or a portion of a parcel of real property

6 referred to in subsection (b)(1) to an executive agency if

7 the Administrator determines under this subsection that

8 the transfer is appropriate.

9 (2) Not later than 5 days after the date of the enact10 ment of this Act, the Administrator shall inform the heads

11 of the executive agencies of the availability of the parcels

12 of real property referred to in subsection (b)(1).

13 (3) The head of an executive agency having an inter14 est in obtaining jurisdiction over any portion of a parcel

15 of real property referred to in paragraph (2) shall notify

16 the Administrator, in writing, of the interest within such

17 time as the Administrator shall specify with respect to the

18 parcel in order to permit the Administrator to determine

19 under paragraph (4) whether the transfer of jurisdiction

20 to the agency is appropriate.

21 (4)(A) The Administrator shall—

22 (i) evaluate in accordance with section 202(a)

23 of the Federal Property and Administrative Services

24 Act of 1949 (40 U.S.C. 483(a)) the notifications of
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1 interest, if any, received under paragraph (3) with

2 respect to a parcel of real property; and

3 (ii) determine in accordance with that section

4 the executive agency, if any, to which the transfer of

5 jurisdiction is appropriate.

6 (B) The Administrator shall complete the determina7 tion under subparagraph (A) with respect to a parcel not

8 later than 30 days after informing the heads of the execu9 tive agencies of the availability of the parcel.

10 (d) DETERMINATION OF CONVEYEES.—(1) Subject

11 to subsection (a)(2), the Administrator shall convey all

12 right, title, and interest of the United States in and to

13 all or a portion of a parcel of real property referred to

14 in paragraph (2) to a government or organization referred

15 to in paragraph (3) if the Administrator determines under

16 this subsection that the conveyance is appropriate.

17 (2) Paragraph (2) applies to any portion of a parcel

18 of real property referred to in subsection (b)(1)—

19 (A) for which the Administrator receives no no20 tification of interest from the head of an executive

21 agency under subsection (c); or

22 (B) with respect to which the Administrator de23 termines under paragraph (4)(B) of that subsection

24 that a transfer of jurisdiction under this section

25 would not be appropriate.
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1 (3)(A) In the case of the property referred to in para2 graph (2), the governments and organizations referred to

3 in that paragraph are the following:

4 (i) The State government of the State in which

5 the property is located.

6 (ii) Local governments affected (as determined

7 by the Administrator) by operations of the Depart8 ment of Defense at the property.

9 (iii) Nonprofit organizations located in the vi10 cinity of the property and eligible under Federal law

11 to be supported through the use of Federal surplus

12 real property.

13 (B) In this paragraph, the term ‘‘nonprofit organiza14 tion’’ means any organization listed in subsection (c)(3)

15 of section 501 of the Internal Revenue Code of 1986 (26

16 U.S.C. 501) that is exempt from taxation under sub17 section (a) of that section.

18 (4) Not later than 5 days after completing the deter19 mination under subsection (c)(4)(B), the Administrator

20 shall determine what, if any, parcels of property referred

21 to in subsection (b)(1) are available for conveyance under

22 this subsection and shall inform the appropriate govern23 ments and organizations of the availability of the parcels

24 for conveyance under this section.
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1 (5) A government or organization referred to in para2 graph (4) shall notify the Administrator, in writing, of the

3 interest of the government or organization, as the case

4 may be, in the conveyance of all or a portion of the parcel

5 of real property concerned to the government or organiza6 tion. The government or organization shall notify the Ad7 ministrator within such time as the Administrator shall

8 specify with respect to the parcel in order to permit the

9 Administrator to determine under paragraph (6) whether

10 the conveyance of the parcel to the government or organi11 zation, as the case may be, is appropriate.

12 (6)(A) The Administrator shall—

13 (i) evaluate in accordance with section 203 of

14 the Federal Property and Administrative Services

15 Act of 1949 (40 U.S.C. 484) the notifications, if

16 any, received under paragraph (5) with respect to a

17 parcel of real property; and

18 (ii) determine in accordance with that section

19 the government or organization, if any, to which the

20 conveyance is appropriate.

21 (B) The Administrator shall complete the determina22 tion under subparagraph (A) with respect to a parcel not

23 later than 70 days after notifying the governments and

24 organizations concerned of the availability of the parcel

25 for conveyance.
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1 (e) ADDITIONAL CONVEYANCE AUTHORITY.—(1)

2 Subject to subsection (g)(2), the Administrator shall, in

3 lieu of transferring jurisdiction over or conveying the par4 cels of real property referred to in subsection (b)(1) in

5 accordance with subsections (c) and (d), convey all or a

6 portion of such parcels as follows:

7 (A) In the case of the parcel referred to in sub8 paragraph (A) of subsection (b)(1), by conveying

9 without consideration all right, title, and interest of

10 the United States in and to the parcel to the City

11 of Tulsa, Oklahoma.

12 (B) In the case of the parcel referred to in sub13 paragraph (B) of that subsection, by conveying with14 out consideration all right, title, and interest of the

15 United States in and to the parcel to any economic

16 development authority that the Governor of New

17 York determines appropriate and identifies as such

18 for the Administrator.

19 (C) In the case of the parcel referred to in sub20 paragraph (C) of that subsection, by conveying with21 out consideration all right, title, and interest of the

22 United States in and to the parcel to the Broome

23 County Industrial Development Authority.

24 (D) In the case of the parcel referred to in sub25 paragraph (D) of that subsection, by conveying with-
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1 out consideration all right, title, and interest of the

2 United States in and to the parcel to the North Da3 kota Board of Higher Education.

4 (E) In the case of the parcel referred to in sub5 paragraph (E) of that subsection, by conveying with6 out consideration all right, title, and interest of the

7 United States in and to the parcel to the City of

8 Finley, North Dakota.

9 (F) In the case of the parcel referred to in sub10 paragraph (F) of that subsection, by conveying with11 out consideration all right, title, and interest of the

12 United States in and to the parcel to the govern13 ment of Mineral County, Nevada.

14 (G) In the case of the parcel referred to in sub15 paragraph (F) of that subsection, by conveying with16 out consideration all right, title, and interest of the

17 United States in and to the parcel to the Town of

18 Harpswell, Maine.

19 (2) The Administrator may require such additional

20 terms and conditions in connection with a conveyance

21 under this subsection as the Administrator and the Sec22 retary of Defense jointly consider appropriate to protect

23 the interests of the United States.

24 (f) REPORT BY ADMINISTRATOR.—(1) Not later than

25 125 days after the date of the enactment of this Act, the
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1 Administrator shall submit to the Committees on Armed

2 Services of the Senate and House of Representatives and

3 to the Secretary of Defense a report on the activities of

4 the Administrator under this section.

5 (2) The report shall include with respect to each par6 cel of real property referred to in subsection (b)(1) the

7 following information:

8 (A) The interest, if any, for all or a portion of

9 the parcel that was expressed by executive agencies

10 under subsection (c) or by governments or nonprofit

11 organizations under subsection (d).

12 (B) The use, if any, proposed for the portion of

13 the parcel under each expression of interest.

14 (C) The determination of the Administrator

15 whether a transfer or conveyance of all or a portion

16 of the parcel, as the case may be, to the agency, gov17 ernment, or organization was appropriate.

18 (D) The other disposal options, if any, that the

19 Administrator has identified for the parcel.

20 (E) Any other matters that the Administrator

21 considers appropriate.

22 (g) DESIGNATION OF AUTHORITY TO BE USED.—(1)

23 If the Administrator submits the report required under

24 subsection (f) within the time specified in that subsection,

25 the Secretary of Defense may direct the Administrator
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1 under subsection (a)(2) to carry out the transfer or con2 veyance under subsection (c) or (d) of all or a portion of

3 a parcel of property referred to in subsection (b)(1) in ac4 cordance with the determinations made by the Adminis5 trator with respect to the transfer or conveyance of the

6 parcel under subsection (c) or (d), respectively.

7 (2) If the Administrator does not submit the report

8 required under subsection (f) within the time specified in

9 that subsection, the Secretary may direct the Adminis10 trator to carry out the conveyances of the parcels of prop11 erty that are authorized under subsection (e) in accord12 ance with such subsection (e).

13 Subtitle D—Changes to Existing

14 Land Transaction Authority

15 SEC. 2831. MODIFICATIONS OF LAND CONVEYANCE, FORT

16 A.P. HILL MILITARY RESERVATION, VIRGINIA.

17 (a) PARTICIPATION OF ADDITIONAL POLITICAL SUB18 DIVISIONS IN REGIONAL CORRECTIONAL FACILITY.—Sub19 paragraph (B) of subsection (c)(3) of section 603 of the

20 Persian Gulf Conflict Supplemental Authorization and

21 Personnel Benefits Act of 1991 (Public Law 102–25; 105

22 Stat. 108) is amended to read as follows:

23 ‘‘(B) Subparagraph (A) shall not be construed to pro24 hibit any political subdivision not named in such subpara25 graph from—
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1 ‘‘(i) participating initially in the written agree2 ment referred to in paragraph (2); or

3 ‘‘(ii) agreeing at a later date to participate as

4 a member of the governmental entity referred to in

5 paragraph (2)(A), or by contract with such entity, in

6 the construction or operation of the regional facility

7 to be constructed on the parcel of land conveyed

8 under this section.’’.

9 (b) TIME FOR CONSTRUCTION AND OPERATION OF

10 CORRECTIONAL FACILITY.—(1) Subsection (d)(1)(A)(i) of

11 such section is amended by striking out ‘‘not later than

12 24 months after the date of the enactment of this Act’’

13 and inserting in lieu thereof ‘‘not later than April 1,

14 1997’’.

15 (2) The Secretary of the Army shall provide the recip16 ient of the conveyance of property under section 603 of

17 such Act with such legal instrument as is appropriate to

18 modify, in accordance with the amendment made by para19 graph (1), any statement of conditions contained in any

20 existing instrument which conveyed the property to that

21 recipient. The Secretary shall record the instrument in the

22 appropriate office or officers of the Commonwealth of Vir23 ginia or political subdivision within the Commonwealth.
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1 SEC. 2832. MODIFICATION OF CONVEYANCE OF ELEC2 TRICITY DISTRIBUTION SYSTEM, FORT DIX,

3 NEW JERSEY.

4 Section 2846 of the Military Construction Authoriza5 tion Act for Fiscal Year 1994 (division B of Public Law

6 103–160; 107 Stat. 1904) is amended—

7 (1) by striking out subsection (f); and

8 (2) by redesignating subsections (g) and (h) as

9 subsections (f) and (g), respectively.

10 SEC. 2833. MODIFICATION OF LAND CONVEYANCE, FORT

11 KNOX, KENTUCKY.

12 Section 2816 of the Military Construction Authoriza13 tion Act for Fiscal Years 1990 and 1991 (division B of

14 Public Law 101–189; 103 Stat. 1655) is amended—

15 (1) in subsection (c), by striking out ‘‘for the

16 construction of up to four units of military family

17 housing at Fort Knox, Kentucky’’ and inserting in

18 lieu thereof ‘‘for improvements to military family

19 housing at Fort Knox, Kentucky, in an amount not

20 to exceed $255,000’’;

21 (2) by striking out subsection (d); and

22 (3) by redesignating subsections (e) and (f) as

23 subsections (d) and (e), respectively.
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1 SEC. 2834. PRESERVATION OF CALVERTON PINE BARRENS,

2 NAVAL WEAPONS INDUSTRIAL RESERVE

3 PLANT, NEW YORK, AS NATURE PRESERVE.

4 (a) PRESERVATION AS NATURE PRESERVE RE5 QUIRED.—Section 2854 of the Military Construction Au6 thorization Act for Fiscal Year 1993 (division B of Public

7 Law 102–484; 106 Stat. 2626) is amended—

8 (1) by redesignating subsections (a) and (b) as

9 subsections (c) and (d); and

10 (2) by inserting before subsection (c), as so re11 designated, the following new subsections (a) and

12 (b):

13 ‘‘(a) PURPOSE.—It is the purpose of this section to

14 ensure that the Calverton Pine Barrens is maintained and

15 preserved, in perpetuity, as a nature preserve in its cur16 rent undeveloped state.

17 ‘‘(b) PROHIBITION ON INCONSISTENT DEVELOP18 MENT.—(1) The Secretary of the Navy may not carry out

19 or permit any commercial or residential development of

20 the property referred to in paragraph (2) that is inconsist21 ent with the purpose specified in subsection (a).

22 ‘‘(2) Paragraph (1) applies to any parcel of real prop23 erty within the Calverton Pine Barrens that is under the

24 jurisdiction of the Secretary.’’.
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1 (b) CONFORMING AMENDMENTS.—Subsection (c) of

2 such section, as redesignated by subsection (a)(1), is

3 amended—

4 (1) by striking out ‘‘PROHIBITION.—’’ and

5 inserting in lieu thereof ‘‘REVERSIONARY INTER6 EST.—’’; and

7 (2) by striking out ‘‘for commercial purposes’’

8 and all that follows through the period and inserting

9 in lieu thereof ‘‘in a manner inconsistent with the

10 purpose specified in subsection (a) (as determined by

11 the head of the department or agency making the

12 conveyance).’’.

13 Subtitle E—Other Matters

14 SEC. 2841. JOINT CONSTRUCTION CONTRACTING FOR COM15 MISSARIES AND NONAPPROPRIATED FUND

16 INSTRUMENTALITY FACILITIES.

17 (a) SINGLE CONTRACT CONSTRUCTION.—Section

18 2685 of title 10, United States Code, is amended by add19 ing at the end the following new subsection:

20 ‘‘(d)(1) The Secretary of a military department may

21 authorize a nonappropriated fund instrumentality of the

22 United States to enter into a contract for construction of

23 a shopping mall or similar facility for a commissary store

24 and one or more nonappropriated fund instrumentality ac25 tivities. The Secretary may use the proceeds of adjust-
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1 ments or surcharges authorized by subsection (a) to reim2 burse the nonappropriated fund instrumentality for the

3 portion of the cost of the contract that is attributable to

4 construction of the commissary store or to pay the con5 tractor directly for that portion of such cost.

6 ‘‘(2) In paragraph (1), the term ‘construction’, with

7 respect to a facility, includes acquisition, conversion, ex8 pansion, installation, or other improvement of the facil9 ity.’’.

10 (b) OBLIGATION OF ANTICIPATED PROCEEDS.—Sub11 section (c) of such section is amended by inserting ‘‘or

12 (d)’’ after ‘‘subsection (b)’’ both places it appears.

13 SEC. 2842. NATIONAL GUARD FACILITY CONTRACTS SUB14 JECT TO PERFORMANCE SUPERVISION BY

15 THE ARMY OR THE NAVY.

16 (a) CONTRACTS SUBJECT TO SUPERVISION.—Sub17 section (a) of section 2237 of title 10, United States Code,

18 is amended by striking out ‘‘under any provision’’ and all

19 that follows through ‘‘and (4)’’ and inserting in lieu there20 of ‘‘under section 2233(a)(1)’’.

21 (b) CONFORMING AMENDMENT.—Subsection (b) of

22 such section is amended by striking out ‘‘or (4)’’ and in23 serting in lieu thereof ‘‘(4), (5), or (6)’’.
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1 SEC. 2843. WAIVER OF REPORTING REQUIREMENTS FOR

2 CERTAIN REAL PROPERTY TRANSACTIONS IN

3 THE EVENT OF WAR OR NATIONAL EMER4 GENCY.

5 Section 2662 of title 10, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(g)(1) Subsections (a) and (e) do not apply—

8 ‘‘(A) during a period described in paragraph

9 (2); or

10 ‘‘(B) to transactions described in such sub11 sections that are undertaken to restore Federal Gov12 ernment operations, to provide public assistance or

13 relief, or to restore public order in relation to a

14 major disaster declared in accordance with the Rob15 ert T. Stafford Disaster Relief and Emergency As16 sistance Act (42 U.S.C. 5121 et seq.).

17 ‘‘(2) The periods referred to in paragraph (1)(A) are

18 as follows:

19 ‘‘(A) A period of war declared by Congress.

20 ‘‘(B) A period of national emergency declared

21 by the President in accordance with the National

22 Emergencies Act (50 U.S.C. 1601 et seq.)

23 ‘‘(3) Not later than 30 days after taking an action

24 for which prior notification would, except for this sub25 section, otherwise be required under subsection (a) or (e),

26 the Secretary of the military department concerned or, in
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1 the case of an element of the Department of Defense not

2 within a military department, the Secretary of Defense

3 shall submit to the Committees on Armed Services of the

4 Senate and the House of Representatives a report on the

5 action taken.’’.

6 SEC. 2844. REPORT ON USE OF FUNDS FOR ENVIRON7 MENTAL RESTORATION AT CORNHUSKER

8 ARMY AMMUNITION PLANT, HALL COUNTY,

9 NEBRASKA.

10 (a) REPORT REQUIRED.—The Secretary of the Army

11 shall submit to Congress a report describing the manner

12 in which funds available to the Army for operation and

13 maintenance (including funds in the Defense Environ14 mental Restoration Account established under section

15 2703(a)(1) of title 10, United States Code) will be used

16 by the Secretary for environmental restoration and main17 tenance of the real property that comprises the

18 Cornhusker Army Ammunition Plant, Hall County, Ne19 braska.

20 (b) CONTENTS.—The report shall include the follow21 ing:

22 (1) The funding plan for environmental restora23 tion at the Cornhusker Army Ammunition Plant.

24 (2) A legal opinion stating whether any portion

25 of the funds to be used for such environmental res-
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1 toration may be used for the repair of the roads at

2 the Plant in order to bring such roads into compli3 ance with applicable State and local public works

4 codes.

5 (3) A survey of the roads at the Plant that

6 identifies which roads, if any, are in need of repair

7 in order to bring the roads at the Plant into compli8 ance with such codes.

9 (4) An estimate of the cost of the repair of the

10 roads referred to in paragraph (3) in order to bring

11 the roads into compliance.

12 (5) An explanation of the purpose, cost, and

13 source of funds for any proposed preservation of

14 documents or other materials relating to the cul15 tural, historical, and natural resources associated

16 with the Plant.

17 (c) SUBMISSION OF REPORT.—The Secretary shall

18 submit the report required by this section not later than

19 May 1, 1995.

20 SEC. 2845. DEPARTMENT OF DEFENSE LABORATORY REVI21 TALIZATION DEMONSTRATION PROGRAM.

22 (a) PROGRAM REQUIRED.—The Secretary of Defense

23 shall carry out a Department of Defense Laboratory Revi24 talization Demonstration Program. Under the program

25 the Secretary may carry out minor military construction
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1 projects in accordance with subsection (b) and other appli2 cable law to improve Department of Defense laboratories

3 covered by the program.

4 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

5 MINOR CONSTRUCTION PROJECTS.—For purpose of any

6 military construction project carried out under the pro7 gram—

8 (1) the amount provided in subsection (a)(1) of

9 section 2805 of title 10, United States Code, shall

10 be deemed to be $3,000,000;

11 (2) the amount provided in subsection (b)(1) of

12 such section shall be deemed to be $1,500,000; and

13 (3) the amount provided in subsection (c)(1) of

14 such section shall be deemed to be $1,000,000.

15 (c) DESIGNATION OF COVERED LABORATORIES.—

16 Not later than 30 days before commencing the program,

17 the Secretary shall designate the Department of Defense

18 laboratories that are to be covered by the program and

19 notify Congress of the laboratories so designated. Only the

20 designated laboratories may be covered by the program.

21 (d) REPORT.—Not later than September 30, 1998,

22 the Secretary shall submit to Congress a report on the

23 program. The report shall include the Secretary’s conclu24 sions and recommendations regarding the desirability and

25 feasibility of extending the authority set forth in sub-
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1 section (b) to cover all Department of Defense labora2 tories.

3 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec4 tion may be construed to limit any other authority pro5 vided by law for any military construction project at a De6 partment of Defense laboratory covered by the program.

7 (f) DEFINITIONS.—In this section:

8 (1) The term ‘‘laboratory’’ includes—

9 (A) a research, engineering, and develop10 ment center;

11 (B) a test and evaluation activity owned,

12 funded, and operated by the Federal Govern13 ment through the Department of Defense; and

14 (C) a supporting facility of a laboratory.

15 (2) The term ‘‘supporting facility’’, with respect

16 to a laboratory, means any building or structure

17 that is used in support of research, development,

18 test, and evaluation at a laboratory.

19 (3) The term ‘‘Department of Defense labora20 tory’’ does not include a contractor owned labora21 tory.

22 (g) EXPIRATION OF AUTHORITY.—The Secretary

23 may not carry out the program after September 30, 1999.
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1 SEC. 2846. AGREEMENTS OF SETTLEMENT FOR RELEASE

2 OF IMPROVEMENTS AT OVERSEAS MILITARY

3 INSTALLATIONS.

4 (a) AGREEMENTS SUBJECT TO OMB REVIEW.—Sub5 section (g) of section 2921 of the Military Construction

6 Authorization Act for Fiscal Year 1991 (division B of

7 Public Law 101–510; 10 U.S.C. 2687 note) is amended

8 by inserting after the first sentence the following: ‘‘The

9 prohibition set forth in the preceding sentence shall apply

10 only to agreements of settlement for improvements having

11 a value in excess of $10,000,000.’’.

12 (b) REPORTS TO CONGRESS.—Such subsection, as

13 amended by subsection (a), is further amended—

14 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

15 Defense’’; and

16 (2) by adding at the end the following:

17 ‘‘(2) Each year, the Secretary shall submit to the

18 Committees on Armed Services of the Senate and the

19 House of Representatives a report on each proposed agree20 ment of settlement that was not submitted by the Sec21 retary to the Director of the Office of Management and

22 Budget in the previous year under paragraph (1) because

23 the value of the improvements to be released pursuant to

24 the proposed agreement did not exceed $10,000,000.’’.
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1 SEC. 2847. REVISIONS TO RELEASE OF REVERSIONARY IN2 TEREST, OLD SPANISH TRAIL ARMORY, HAR3 RIS COUNTY, TEXAS.

4 (a) CLERICAL AMENDMENTS.—Section 2820 of the

5 Military Construction Authorization Act for Fiscal Year

6 1994 (division B of Public Law 103–160; 107 Stat. 1894)

7 is amended—

8 (1) in subsection (a), by striking out ‘‘1936’’

9 and inserting in lieu thereof ‘‘1956’’; and

10 (2) in subsection (b)(1), by striking out ‘‘value’’

11 and inserting in lieu thereof ‘‘size’’.

12 (b) PAYMENT FOR SURVEY.—Subsection (c) of such

13 section is amended by adding at the end the following:

14 ‘‘The cost of the survey shall be borne by the State of

15 Texas.’’.

16 SEC. 2848. TRANSFER OF JURISDICTION, AIR FORCE HOUS17 ING AT RADAR BOMB SCORING SITE, HOL18 BROOK, ARIZONA.

19 (a) TRANSFER AUTHORIZED.—As part of the closure

20 of an Air Force Radar Bomb Scoring Site located near

21 Holbrook, Arizona, the Secretary of the Air Force may

22 transfer without reimbursement the administrative juris23 diction, accountability and control of the housing units

24 and associated support facilities used in connection with

25 the site to the Secretary of the Interior for use in connec26 tion with the Petrified Forest National Park.
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1 (b) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be transferred

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary of the Air Force and the Secretary

5 of the Interior.

6 (c) ADDITIONAL TERMS AND CONDITIONS.—The

7 Secretary of the Air Force may require such additional

8 terms and conditions in connection with the transfer of

9 real property under subsection (a) as the Secretary consid10 ers appropriate.

11 SEC. 2849. ASSISTANCE FOR PUBLIC PARTICIPATION IN DE12 FENSE ENVIRONMENTAL RESTORATION AC13 TIVITIES.

14 (a) ESTABLISHMENT OF RESTORATION ADVISORY

15 BOARDS.—Section 2705 of title 10, United States Code,

16 is amended by adding after subsection (c) the following:

17 ‘‘(d) RESTORATION ADVISORY BOARD.—(1) In lieu

18 of establishing a technical review committee under sub19 section (c), the Secretary may permit the establishment

20 of a restoration advisory board in connection with any in21 stallation (or group of nearby installations) where the Sec22 retary is planning or implementing environmental restora23 tion activities.

24 ‘‘(2) The Secretary shall prescribe regulations re25 garding the characteristics, composition, funding and es-
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1 tablishment of restoration advisory boards pursuant to

2 this subsection, if the Secretary decides to use this author3 ity. Prescription of regulations shall not be a precondition

4 to establishment of a restoration advisory board or impact

5 restoration advisory board established prior to the date of

6 enactment of this section.

7 ‘‘(3) The Secretary may provide for the payment of

8 routine administrative expenses of a restoration advisory

9 board from funds available for the operation and mainte10 nance of the installation (or installations) for which the

11 board is established or from the funds available under sub12 section (e)(4).’’.

13 (b) ASSISTANCE FOR CITIZEN PARTICIPATION ON

14 TECHNICAL REVIEW BOARDS AND RESTORATION ADVI15 SORY BOARDS.—Such section is further amended by add16 ing after subsection (d), as added by subsection (a), the

17 following:

18 ‘‘(e) ASSISTANCE FOR CITIZEN PARTICIPATION.—

19 (1)(A) Subject to subparagraph (B), the Secretary shall

20 make available under paragraph (4) funds to facilitate the

21 participation of individuals from the private sector on

22 technical review committees and restoration advisory

23 boards for the purpose of ensuring public input into the

24 planning and implementation of environmental restoration
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1 activities at installations where such committees and

2 boards are in operation.

3 ‘‘(B) A committee or advisory board for an installa4 tion is eligible for funding assistance under this subsection

5 only if the committee or board is composed of individuals

6 from the private sector who reside in a community in the

7 vicinity of the installation and who are not potentially re8 sponsible parties with respect to environmental hazards at

9 the installation.

10 ‘‘(2) Individuals who are local community members

11 of a technical review committee or restoration advisory

12 board may use funds made available under this subsection

13 only—

14 ‘‘(A) to obtain technical assistance in interpret15 ing scientific and engineering issues with regard to

16 the nature of environmental hazards at an installa17 tion and the restoration activities proposed or con18 ducted at the installation; and

19 ‘‘(B) to assist such members and affected citi20 zens to participate more effectively in environmental

21 restoration activities at the installation.

22 ‘‘(3) The members of a technical review committee

23 or restoration advisory board may employ technical or

24 other experts in accordance with regulations prescribed
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1 under subsections (d) and (e)(1) of title 10, United States

2 Code as added by this section.

3 ‘‘(4)(A) Subject to subparagraph (B), the Secretary

4 shall make funds available under this subsection using

5 funds in the following accounts:

6 ‘‘(i) In the case of a military installation not

7 closed pursuant to a base closure law, the Defense

8 Environmental Restoration Account established in

9 section 2703(a) of this title .

10 ‘‘(ii) In the case of a technical review committee

11 or restoration advisory board established for a mili12 tary installation to be closed, the Department of De13 fense Base Closure Account 1990 established under

14 section 2906(a) of the Defense Base Closure and

15 Realignment Act of 1990 (part A of title XXIX of

16 Public Law 101–510; 10 U.S.C. 2687 note).

17 ‘‘(B) The total amount of funds available under this

18 subsection for fiscal year 1995 may not exceed

19 $7,500,000.’’.

20 (c) INVOLVEMENT OF COMMITTEES AND BOARDS IN

21 DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.—

22 Such section is further amended by adding after sub23 section (e), as added by subsection (b), the following:

24 ‘‘(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL

25 RESTORATION PROGRAM.—If a technical review commit-
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1 tee or restoration advisory board is established with re2 spect to an installation, the Secretary shall consult with

3 and seek the advice of the committee or board on the fol4 lowing issues:

5 ‘‘(1) Identifying environmental restoration ac6 tivities and projects at the installation.

7 ‘‘(2) Monitoring progress on these activities and

8 projects.

9 ‘‘(3) Collecting information regarding restora10 tion priorities for the installation.

11 ‘‘(4) Addressing land use, level of restoration,

12 acceptable risk, and waste management and tech13 nology development issues related to environmental

14 restoration at the installation.

15 ‘‘(5) Developing environmental restoration

16 strategies for the installation.’’.

17 (d) IMPLEMENTATION REQUIREMENTS.—Not later

18 than 180 days after the date on which the Secretary an19 nounces a decision to establish restoration advisory

20 boards, the Secretary of Defense shall—

21 (1) prescribe the regulations required under

22 subsections (d) and (e)(1) of title 10, United States

23 Code, as added by this section; and
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1 (2) take appropriate actions to notify the public

2 of the availability of funding under subsection (e) of

3 such section, as so added.

4 ‘‘(e) REPORT.—The Secretary shall report to the

5 Committees on Armed Services of the Senate and the

6 House of Representatives by May 1, 1996, on the estab7 lishment of restoration advisory boards and funds ex8 pended for assistance for citizen participation.

9 SEC. 2850. SENSE OF THE SENATE ON AUTHORIZATION OF

10 FUNDS FOR MILITARY CONSTRUCTION

11 PROJECTS NOT REQUESTED IN THE PRESI12 DENT’S ANNUAL BUDGET REQUEST.

13 (a) SENSE OF THE SENATE.—It is the sense of the

14 Senate that, to the maximum extent practicable, the Sen15 ate should consider the authorization for appropriation of

16 funds for a military construction project not included in

17 the annual budget request of the Department of Defense

18 only if:

19 (1) the project is consistent with past actions of

20 the Base Realignment and Closure process;

21 (2) the project is included in the military con22 struction plan of the military department concerned

23 incorporated in the Future Years Defense Program;

24 (3) the project is necessary for reasons of the

25 national security of the United States; and
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1 (4) a contract for construction of the project

2 can be awarded in that fiscal year.

3 (b) VIEWS OF THE SECRETARY OF DEFENSE.—In

4 considering these criteria, the Senate should obtain the

5 views of the Secretary of Defense. These views should in6 clude whether funds for a military construction project not

7 included in the budget request can be offset by funds for

8 other programs, projects, or activities, including military

9 construction projects, in the budget request and, if so, the

10 specific offsetting reductions recommended by the Sec11 retary of Defense.

12 DIVISION C—DEPARTMENT OF

13 ENERGY NATIONAL SECURITY

14 AUTHORIZATIONS AND

15 OTHER AUTHORIZATIONS

16 TITLE XXXI—DEPARTMENT OF

17 ENERGY NATIONAL SECURITY

18 PROGRAMS

19 Subtitle A—National Security

20 Programs Authorizations

21 SEC. 3101. WEAPONS ACTIVITIES.

22 (a) RESEARCH AND DEVELOPMENT.—Subject to sub23 section (f), funds are hereby authorized to be appropriated

24 to the Department of Energy for fiscal year 1995 for re25 search and development in carrying out weapons activities
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1 necessary for national security programs in the amount

2 of $1,187,818,000, to be allocated as follows:

3 (1) For core research and development,

4 $795,551,000, to be allocated as follows:

5 (A) For operating expenses, $649,341,000.

6 (B) For capital equipment, $69,420,000.

7 (C) For plant projects (including mainte8 nance, restoration, planning, construction, ac9 quisition, modification of facilities, and the con10 tinuation of projects authorized in prior years,

11 and land acquisition related thereto),

12 $76,790,000, to be allocated as follows:

13 Project GPD–101, general plant

14 projects, various locations, $8,500,000.

15 Project 95–D–102, Chemical and

16 Metallurgy Research Building upgrades,

17 Los Alamos National Laboratory, New

18 Mexico, $3,300,000.

19 Project 94–D–102, nuclear weapons

20 research, development, and testing facili21 ties revitalization, Phase V, various loca22 tions, $13,000,000.

23 Project 92–D–102, nuclear weapons

24 research, development, and testing facili-
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1 ties revitalization, Phase IV, various loca2 tions, $21,810,000.

3 Project 90–D–102, nuclear weapons

4 research, development, and testing facili5 ties revitalization, Phase III, various loca6 tions, $7,700,000.

7 Project 88–D–106, nuclear weapons

8 research, development, and testing facili9 ties revitalization, Phase II, various loca10 tions, $22,480,000.

11 (2) For inertial fusion, $176,473,000, to be al12 located as follows:

13 (A) For operating expenses, $166,755,000.

14 (B) For capital equipment, $9,718,000.

15 (3) For technology transfer, $215,794,000, to

16 be allocated as follows:

17 (A) For operating expenses, $209,794,000.

18 (B) For capital equipment, $6,000,000.

19 (b) TESTING.—Subject to subsection (f), funds are

20 hereby authorized to be appropriated to the Department

21 of Energy for fiscal year 1995 for testing in carrying out

22 weapons activities necessary for national security pro23 grams in the amount of $384,719,000, to be allocated as

24 follows:
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1 (1) For testing capabilities and readiness

2 $374,719,000, to be allocated as follows:

3 (A) For operating expenses, $338,249,000.

4 (B) For capital equipment, $15,470,000.

5 (C) For plant projects (including mainte6 nance, restoration, planning, construction, ac7 quisition, modification of facilities, and the con8 tinuation of projects authorized in prior years,

9 and land acquisition related thereto),

10 $21,000,000, to be allocated as follows:

11 Project GPD–101, general plant

12 projects, various locations, $4,000,000.

13 Project 93–D–102, Nevada support

14 facility, North Las Vegas, Nevada,

15 $17,000,000.

16 (2) For operating expenses for solar energy de17 velopment, $10,000,000.

18 (c) STOCKPILE SUPPORT.—Subject to subsection (f),

19 funds are hereby authorized to be appropriated to the De20 partment of Energy for fiscal year 1995 for stockpile sup21 port in carrying out weapons activities necessary for na22 tional security programs in the amount of

23 $1,557,085,000, to be allocated as follows:

24 (1) For operating expenses for stockpile sup25 port, $1,487,085,000.
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1 (2) For capital equipment, $15,880,000.

2 (3) For plant projects (including maintenance,

3 restoration, planning, construction, acquisition,

4 modification of facilities, and the continuation of

5 projects authorized in prior years, and land acquisi6 tion related thereto), $54,120,000, to be allocated as

7 follows:

8 Project GPD–121, general plant projects,

9 various locations, $1,000,000.

10 Project 95–D–122, sanitary sewer upgrade

11 Oak Ridge Y-12 Plant, Oak Ridge, Tennessee,

12 $2,200,000.

13 Project 95–D–123, replace transportation

14 safeguards, aviation facility, Albuquerque, New

15 Mexico, $2,000,000.

16 Project 94–D–124, hydrogen fluoride sup17 ply system, Oak Ridge Y–12 Plant, Oak Ridge,

18 Tennessee, $6,300,000.

19 Project 94–D–125, upgrade life safety,

20 Kansas City Plant, Kansas City, Missouri,

21 $1,000,000.

22 Project 94–D–127, emergency notification

23 system, Pantex Plant, Amarillo, Texas,

24 $1,000,000.
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1 Project 94–D–128, environmental safety

2 and health analytical laboratory, Pantex Plant,

3 Amarillo, Texas, $1,000,000.

4 Project 93–D–122, life safety upgrades,

5 Y–12 Plant, Oak Ridge, Tennessee,

6 $5,000,000.

7 Project 88–D–122, facilities capability as8 surance program, various locations,

9 $19,620,000.

10 Project 88–D–123, security enhancements,

11 Pantex Plant, Amarillo, Texas, $15,000,000.

12 (d) PROGRAM DIRECTION.—Subject to subsection (f),

13 funds are hereby authorized to be appropriated to the De14 partment of Energy for fiscal year 1995 for program di15 rection in carrying out weapons activities necessary for na16 tional security programs in the amount of $169,852,000,

17 to be allocated as follows:

18 (1) For operating expenses for weapons pro19 gram direction, $167,498,000.

20 (2) For capital equipment, $2,354,000.

21 (e) RECONFIGURATION.—Subject to subsection (f),

22 funds are hereby authorized to be appropriated to the De23 partment of Energy for fiscal year 1995 for nuclear weap24 ons complex reconfiguration in carrying out weapons ac-
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1 tivities necessary for national security programs in the

2 amount of $152,271,000, to be allocated as follows:

3 (1) For operating expenses for reconfiguration,

4 $94,271,000.

5 (2) 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), $58,000,000, all of which to be

10 allocated as follows:

11 Project 93–D–123, complex-21, various lo12 cations.

13 (f) ADJUSTMENTS.—Subject to section 3105, the

14 total amount authorized to be appropriated pursuant to

15 this section is the sum of the amounts authorized to be

16 appropriated in subsections (a) through (e) reduced by the

17 sum of—

18 (1) $131,077,000, for use of prior year bal19 ances; and

20 (2) $11,000,000, for savings resulting from

21 procurement reform.

22 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

23 MANAGEMENT.

24 (a) CORRECTIVE ACTIVITIES.—Subject to subsection

25 (h), funds are hereby authorized to be appropriated to the
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1 Department of Energy for fiscal year 1995 for corrective

2 activities in carrying out environmental restoration and

3 waste management activities necessary for national secu4 rity programs in the amount of $1,012,000, all of which

5 to be allocated to a plant project (including maintenance,

6 restoration, planning, construction, acquisition, modifica7 tion of facilities, and the continuation of projects author8 ized in prior years, and land acquisition related thereto)

9 as follows:

10 Project 92–D–403, tank upgrades project, Law11 rence Livermore National Laboratory, California.

12 (b) ENVIRONMENTAL RESTORATION.—(1) Subject to

13 paragraph (2), funds are hereby authorized to be appro14 priated to the Department of Energy for fiscal year 1995

15 for environmental restoration for operating expenses in

16 carrying out environmental restoration and waste manage17 ment activities necessary for national security programs

18 in the amount of $1,531,969,000.

19 (2) Subject to subsection (h), the amount authorized

20 to be appropriated pursuant to this subsection is the

21 amount authorized to be appropriated in paragraph (1)

22 reduced by $133,900,000, as a result of the productivity

23 savings initiative.

24 (c) WASTE MANAGEMENT.—(1) Subject to paragraph

25 (2), funds are hereby authorized to be appropriated to the
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1 Department of Energy for fiscal year 1995 for waste man2 agement in carrying out environmental restoration and

3 waste management activities necessary for national secu4 rity programs in the amount of $2,913,045,000, to be allo5 cated as follows:

6 (A) For operating expenses, $2,408,029,000.

7 (B) For capital equipment, $104,790,000.

8 (C) For plant projects (including maintenance,

9 restoration, planning, construction, acquisition,

10 modification of facilities, and the continuation of

11 projects authorized in prior years, and land acquisi12 tion related thereto), $400,226,000, to be allocated

13 as follows:

14 Project GPD–171, general plant projects,

15 various locations, $23,742,000.

16 Project 95–D–401, radiological support fa17 cilities, Richland, Washington, $1,585,000.

18 Project 95–D–402, install permanent elec19 trical service, Waste Isolation Pilot Plant, New

20 Mexico, $700,000.

21 Project 95–D–403, hazardous waste stor22 age facility, Mound Plant, Miamisburg, Ohio,

23 $597,000.

24 Project 95–D–405, industrial landfill V

25 and construction demolition landfill VII, Oak
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1 Ridge Y–12 Plant, Oak Ridge, Tennessee,

2 $1,000,000.

3 Project 95–D–406, road 5–01 reconstruc4 tion, area 5, Nevada Test Site, Nevada,

5 $2,338,000.

6 Project 95–D–407, 219-S secondary con7 tainment upgrade, Richland, Washington,

8 $2,000,000.

9 Project 95–D–408, Phase II liquid effluent

10 treatment and disposal, Richland, Washington,

11 $7,100,000.

12 Project 94–D–400, high explosive

13 wastewater treatment system, Los Alamos Na14 tional Laboratory, Los Alamos, New Mexico,

15 $1,000,000.

16 Project 94–D–402, liquid waste treatment

17 system, Nevada Test Site, Nevada, $3,292,000.

18 Project 94–D–404, Melton Valley storage

19 tank capacity increase, Oak Ridge National

20 Laboratory, Oak Ridge, Tennessee,

21 $21,373,000.

22 Project 94–D–406, low-level waste disposal

23 facilities, K–25, Oak Ridge, Tennessee,

24 $6,000,000.
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1 Project 94–D–407, initial tank retrieval

2 systems, Richland, Washington, $17,700,000.

3 Project 94–D–408, office facilities—200

4 East, Richland, Washington, $4,000,000.

5 Project 94–D–411, solid waste operation

6 complex, Richland, Washington, $42,200,000.

7 Project 94–D–416, solvent storage tanks

8 installation, Savannah River, South Carolina,

9 $1,700,000.

10 Project 94–D–417, intermediate-level and

11 low-activity waste vaults, Savannah River,

12 South Carolina, $300,000.

13 Project 93–D–174, plant drain waste

14 water treatment upgrades, Y–12 Plant, Oak

15 Ridge, Tennessee, $1,400,000.

16 Project 93–D–178, building 374 liquid

17 waste treatment facility, Rocky Flats, Golden,

18 Colorado, $3,300,000.

19 Project 93–D–181, radioactive liquid waste

20 line replacement, Richland, Washington,

21 $3,300,000.

22 Project 93–D–182, replacement of cross23 site transfer system, Richland, Washington,

24 $18,910,000.
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1 Project 93–D–183, multi-tank waste stor2 age facility, Richland, Washington,

3 $95,305,000.

4 Project 93–D–187, high-level waste re5 moval from filled waste tanks, Savannah River,

6 Aiken, South Carolina, $26,525,000.

7 Project 92–D–177, tank 101–AZ waste re8 trieval system, Richland, Washington,

9 $5,000,000.

10 Project 92–D–188, waste management

11 ES&H, and compliance activities, various loca12 tions, $2,846,000.

13 Project 91–D–171, waste receiving and

14 processing facility, module 1, Richland, Wash15 ington, $3,995,000.

16 Project 90–D–172, aging waste transfer

17 line, Richland, Washington, $3,819,000.

18 Project 90–D–177, RWMC transuranic

19 (TRU) waste characterization and storage facil20 ity, Idaho National Engineering Laboratory,

21 Idaho, $11,747,000.

22 Project 90–D–178, TSA retrieval contain23 ment building, Idaho National Engineering

24 Laboratory, Idaho, $7,594,000.
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1 Project 89–D–173, tank farm ventilation

2 upgrade, Richland, Washington, $800,000.

3 Project 89–D–174, replacement high-level

4 waste evaporator, Savannah River, South Caro5 lina, $18,000,000.

6 Project 89–D–175, hazardous waste/mixed

7 waste disposal facility, Savannah River, South

8 Carolina, $500,000.

9 Project 86–D–103, decontamination and

10 waste treatment facility, Lawrence Livermore

11 National Laboratory, California, $9,500,000.

12 Project 83–D–148, nonradioactive hazard13 ous waste management, Savannah River, South

14 Carolina, $6,000,000.

15 Project 81–T–105, defense waste process16 ing facility, Savannah River, South Carolina,

17 $45,058,000.

18 (2) Subject to subsection (h), the total amount au19 thorized to be appropriated pursuant to this subsection is

20 the sum of the amounts authorized to be appropriated in

21 paragraph (1) reduced by $160,800,000, as a result of the

22 productivity savings initiative.

23 (d) TECHNOLOGY DEVELOPMENT.—Subject to sub24 section (h), funds are hereby authorized to be appro25 priated to the Department of Energy for fiscal year 1995
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1 for technology development in carrying out environmental

2 restoration and waste management activities necessary for

3 national security programs in the amount of

4 $426,409,000, to be allocated as follows:

5 (1) For operating expenses, $400,974,000.

6 (2) For capital equipment, $25,435,000.

7 (e) TRANSPORTATION MANAGEMENT.—Subject to

8 subsection (h), funds are hereby authorized to be appro9 priated to the Department of Energy for fiscal year 1995

10 for transportation management in carrying out environ11 mental restoration and waste management activities nec12 essary for national security programs in the amount of

13 $20,684,000, to be allocated as follows:

14 (1) For operating expenses, $20,240,000.

15 (2) For capital equipment, $444,000.

16 (f) PROGRAM DIRECTION.—Subject to subsection (h),

17 funds are hereby authorized to be appropriated to the De18 partment of Energy for fiscal year 1995 for program di19 rection in carrying out environmental restoration and

20 waste management activities necessary for national secu21 rity programs in the amount of $84,948,000, to be allo22 cated as follows:

23 (1) For operating expenses, $83,748,000.

24 (2) For capital equipment, $1,200,000.
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1 (g) FACILITY TRANSITION AND MANAGEMENT.—(1)

2 Subject to paragraph (2), funds are hereby authorized to

3 be appropriated to the Department of Energy for fiscal

4 year 1995 for facility transition and management in carry5 ing out environmental restoration and waste management

6 activities necessary for national security programs in the

7 amount of $791,857,000, to be allocated as follows:

8 (A) For operating expenses, $681,550,000.

9 (B) For capital equipment, $23,947,000.

10 (C) For plant projects (including maintenance,

11 restoration, planning, construction, acquisition,

12 modification of facilities, and the continuation of

13 projects authorized in prior years, and land acquisi14 tion related thereto), $86,360,000, to be allocated as

15 follows:

16 Project GPD–171, general plant projects,

17 various locations, $20,495,000.

18 Project 95–D–453, primary highway route

19 north of the Wye Barricade, Richland, Wash20 ington, $2,500,000.

21 Project 95–D–454, 324 facility compliance/

22 renovation, Richland, Washington, $1,500,000.

23 Project 95–D–455, Idaho National Engi24 neering Laboratory radio communications up-
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1 grade, Idaho National Engineering Laboratory,

2 Idaho, $1,440,000.

3 Project 95–D–456, security facilities up4 grade, Idaho Chemical Processing Plant, Idaho

5 National Engineering Laboratory, Idaho,

6 $986,000.

7 Project 94–D–122, underground storage

8 tanks, Rocky Flats, Colorado, $2,500,000.

9 Project 94–D–401, emergency response fa10 cility, Idaho National Engineering Laboratory,

11 Idaho, $5,219,000.

12 Project 94–D–412, 300 area process sewer

13 piping upgrade, Richland, Washington,

14 $7,800,000.

15 Project 94–D–415, medical facilities, Idaho

16 National Engineering Laboratory, Idaho,

17 $4,920,000.

18 Project 94–D–451, infrastructure replace19 ment, Rocky Flats Plant, Golden, Colorado,

20 $10,600,000.

21 Project 93–D–172, electrical upgrade,

22 Idaho National Engineering Laboratory, Idaho,

23 $7,800,000.

24 Project 93–D–184, 325 facility compliance/

25 renovation, Richland, Washington, $1,000,000.
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1 Project 93–D–186, 200 area unsecured

2 core area fabrication shop, Richland, Washing3 ton, $4,000,000.

4 Project 92–D–125, master safeguards and

5 security agreement/materials surveillance task

6 force security upgrades, Rocky Flats Plant,

7 Golden, Colorado, $2,100,000.

8 Project 92–D–181, INEL fire and life

9 safety improvements, Idaho National Engineer10 ing Laboratory, Idaho, $6,000,000.

11 Project 92–D–182, INEL sewer system

12 upgrade, Idaho National Engineering Labora13 tory, Idaho, $1,900,000.

14 Project 92–D–186, steam system rehabili15 tation, Phase II, Richland, Washington,

16 $5,600,000.

17 (2) Subject to subsection (h), the total amount au18 thorized to be appropriated pursuant to this subsection is

19 the sum of the amounts authorized to be appropriated in

20 paragraph (1) reduced by $5,000,000, as a result of the

21 productivity savings initiative.

22 (h) PRIOR YEAR BALANCES.—Subject to section

23 3105, the total amount authorized to be appropriated pur24 suant to this section is the sum of the amounts authorized
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1 to be appropriated in subsections (a), (b)(2), (c)(2), (d),

2 (e), (f), and (g)(2) reduced by the sum of—

3 (1) $240,300,000 for use of prior year bal4 ances; and

5 (2) $17,500,000 for savings resulting from pro6 curement reform.

7 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE8 FENSE PROGRAMS.

9 (a) MATERIALS SUPPORT.—Subject to subsection

10 (d), funds are hereby authorized to be appropriated to the

11 Department of Energy for fiscal year 1995 for materials

12 support in carrying out nuclear materials support nec13 essary for national security programs in the amount of

14 $887,225,000, to be allocated as follows:

15 (1) For reactor operations, $163,634,000.

16 (2) For processing of nuclear materials,

17 $369,468,000.

18 (3) For support services, $167,776,000.

19 (4) For capital equipment, $39,427,000.

20 (5) 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), $88,950,000, to be allocated as

25 follows:
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1 Project GPD–146, general plant projects,

2 various locations, $21,000,000.

3 Project 95–D–154, health physics site sup4 port facility, Savannah River, South Carolina,

5 $2,000,000.

6 Project 95–D–155, upgrade site road in7 frastructure, Savannah River, South Carolina,

8 $750,000.

9 Project 95–D–156, radio trunking system,

10 Savannah River, South Carolina, $2,100,000.

11 Project 95–D–157, D–area powerhouse life

12 extension, Savannah River, South Carolina,

13 $4,000,000.

14 Project 95–D–158, disassembly basin up15 grades K, L, and P, Savannah River, South

16 Carolina, $13,000,000.

17 Project 93–D–147, domestic water system

18 upgrade, Phases I and II, Savannah River,

19 South Carolina, $11,300,000.

20 Project 93–D–148, replace high-level drain

21 lines, Savannah River, South Carolina,

22 $2,700,000.

23 Project 93–D–152, environmental modi24 fication for production facilities, Savannah

25 River, South Carolina, $2,900,000.
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1 Project 92–D–143, health protection in2 strument calibration facility, Savannah River,

3 South Carolina, $3,000,000.

4 Project 90–D–149, plantwide fire protec5 tion, Phases I and II, Savannah River, South

6 Carolina, $21,000,000.

7 Project 92–D–150, operations support fa8 cilities, Savannah River, South Carolina,

9 $2,000,000.

10 Project 92–D–153, engineering support fa11 cility, Savannah River, South Carolina,

12 $3,200,000.

13 (6) For program direction, $58,000,000.

14 (b) OTHER DEFENSE PROGRAMS.—Subject to sub15 section (d), funds are hereby authorized to be appro16 priated to the Department of Energy for fiscal year 1995

17 for other defense programs in carrying out defense pro18 grams necessary for national security programs in the

19 amount of $692,204,000, to be allocated as follows:

20 (1) For verification and control technology,

21 $358,102,000, to be allocated as follows:

22 (A) For operating expenses, $342,229,000.

23 (B) For capital equipment, $15,873,000.

24 (2) For nuclear safeguards and security,

25 $85,816,000, to be allocated as follows:
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1 (A) For operating expenses, $82,421,000.

2 (B) For capital equipment, $3,395,000.

3 (3) For security investigations, $38,827,000.

4 (4) For security evaluations, $14,780,000.

5 (5) For the Office of Nuclear Safety,

6 $24,679,000, to be allocated as follows:

7 (A) For operating expenses, $24,629,000.

8 (B) For capital equipment, $50,000.

9 (6) For worker and community transition,

10 $120,000,000.

11 (7) For fissile material control and disposition,

12 $50,000,000.

13 (c) NAVAL REACTORS.—Subject to subsection (d),

14 funds are hereby authorized to be appropriated to the De15 partment of Energy for fiscal year 1995 for naval reactors

16 in carrying out nuclear materials support and other de17 fense programs necessary for national security programs

18 in the amount of $730,651,000, to be allocated as follows:

19 (1) For naval reactors development,

20 $698,651,000, to be allocated as follows:

21 (A) For operating expenses:

22 (i) For plant development,

23 $146,700,000.

24 (ii) For reactor development,

25 $348,951,000.
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1 (iii) For reactor operation and evalua2 tion, $136,000,000.

3 (iv) For program direction,

4 $18,800,000.

5 (B) For capital equipment, $28,200,000.

6 (C) For plant projects (including mainte7 nance, restoration, planning, construction, ac8 quisition, modification of facilities, and the con9 tinuation of projects authorized in prior years,

10 and land acquisition related thereto),

11 $20,000,000, to be allocated as follows:

12 Project GPN–101, general plant

13 projects, various locations, $6,200,000.

14 Project 95–D–200, laboratory systems

15 and hot cell upgrades, various locations,

16 $2,400,000.

17 Project 95–D–201, advanced test re18 actor radioactive waste system upgrades,

19 Idaho National Engineering Laboratory,

20 Idaho, $700,000.

21 Project 93–D–200, engineering serv22 ices facilities, Knolls Atomic Power Lab23 oratory, Niskayuna, New York,

24 $7,900,000.
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1 Project 92–D–200, laboratories facili2 ties upgrades, various locations,

3 $2,800,000.

4 (2) For enrichment materials, for operating ex5 penses, $32,000,000.

6 (d) ADJUSTMENTS.—Subject to section 3105, the

7 total amount that may be appropriated pursuant to this

8 section is the sum of the amounts authorized to be appro9 priated in subsections (a), (b), and (c) reduced by the sum

10 of—

11 (1) $40,000,000, for recovery of overpayment to

12 the Savannah River Pension Fund;

13 (2) $6,500,000, for savings resulting from pro14 curement reform; and

15 (3) $369,700,000, for transfer and use of prior

16 year balances for materials support and other de17 fense programs.

18 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 1995 for pay21 ment to the Nuclear Waste Fund established in section

22 302(c) of the Nuclear Waste Policy Act of 1982 (42

23 U.S.C. 10222(c)) in the amount of $129,430,000.
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1 SEC. 3105. GENERAL REDUCTION IN AUTHORIZATION OF

2 APPROPRIATIONS.

3 The total amount authorized to be appropriated pur4 suant to sections 3101, 3102, 3103, and 3104 is the sum

5 of the amounts authorized to be appropriated in such sec6 tions reduced by $220,000,000 for use of prior year bal7 ances from fiscal year 1994.

8 Subtitle B—Recurring General

9 Provisions

10 SEC. 3121. REPROGRAMMING.

11 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

12 provided in this title—

13 (A) no amount appropriated pursuant to this

14 title may be used for any program in excess of the

15 lesser of—

16 (i) 105 percent of the amount authorized

17 for that program by this title; or

18 (ii) $10,000,000 more than the amount

19 authorized for that program by this title; and

20 (B) no amount appropriated pursuant to this

21 title may be used for any program which has not

22 been presented to, or requested of, the Congress.

23 (2) An action described in paragraph (1) may not be

24 taken until—

25 (A) the Secretary of Energy has submitted to

26 the congressional defense committees a report con-
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1 taining a full and complete statement of the action

2 proposed to be taken and the facts and cir3 cumstances relied upon in support of the proposed

4 action; and

5 (B) a period of 30 days has elapsed after the

6 date on which the report is received by the commit7 tees.

8 (3) In the computation of the 30-day period under

9 paragraph (2), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 calendar days to a day cer12 tain.

13 (b) LIMITATION ON AMOUNT OBLIGATED.—In no

14 event may the total amount of funds obligated pursuant

15 to this title exceed the total amount authorized to be ap16 propriated by this title.

17 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

18 (a) IN GENERAL.—The Secretary of Energy may

19 carry out any construction project under the general plant

20 projects authorized by this title if the total estimated cost

21 of the construction project does not exceed $2,000,000.

22 (b) REPORT TO CONGRESS.—If, at any time during

23 the construction of any general plant project authorized

24 by this title, the estimated cost of the project is revised

25 because of unforeseen cost variations and the revised cost
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1 of the project exceeds $2,000,000, the Secretary shall im2 mediately furnish a complete report to the congressional

3 defense committees explaining the reasons for the cost

4 variation.

5 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

6 (a) IN GENERAL.—(1) Except as provided in para7 graph (2), construction on a construction project may not

8 be started or additional obligations incurred in connection

9 with the project above the total estimated cost, whenever

10 the current estimated cost of the construction project,

11 which is authorized by section 3101, 3102, or 3103, or

12 which is in support of national security programs of the

13 Department of Energy and was authorized by any pre14 vious Act, exceeds by more than 25 percent the higher

15 of—

16 (A) the amount authorized for the project; or

17 (B) the amount of the total estimated cost for

18 the project as shown in the most recent budget jus19 tification data submitted to the Congress.

20 (2) An action described in paragraph (1) may be

21 taken if—

22 (A) the Secretary of Energy has submitted to

23 the congressional defense committees a report on the

24 action and the circumstances making such action

25 necessary; 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) EXCEPTION.—Subsection (a) shall not apply to

10 any construction project which has a current estimated

11 cost of less than $5,000,000.

12 SEC. 3124. FUNDS TRANSFER AUTHORITY.

13 The Secretary of Energy may transfer funds appro14 priated pursuant to this title to other agencies of the Fed15 eral Government for the performance of the work for

16 which the funds were appropriated, and funds so trans17 ferred may be merged with the appropriations of the agen18 cy to which the funds are transferred.

19 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

20 (a) IN GENERAL.—(1) Within the amounts author21 ized by this title, the Secretary of Energy may carry out

22 advance planning and construction design (including ar23 chitectural and engineering services) in connection with

24 any proposed construction project if the total estimated
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1 cost for such planning and design does not exceed

2 $3,000,000.

3 (2) In the case of any project in which the total esti4 mated cost for advance planning and design exceeds

5 $600,000, the Secretary shall notify the congressional de6 fense committees in writing of the details of such project

7 at least 30 days before any funds are obligated for design

8 services for such project.

9 (b) SPECIFIC AUTHORITY REQUIRED.—In any case

10 in which the total estimated cost for advance planning and

11 construction design in connection with any construction

12 project exceeds $3,000,000, funds for such planning and

13 design must be specifically authorized by law.

14 SEC. 3126. REQUIREMENT FOR COMPLETION OF CONCEP15 TUAL DESIGN TO PRECEDE REQUEST FOR

16 CONSTRUCTION FUNDS.

17 (a) REQUIREMENT.—Before submitting to Congress

18 a request for funds for a construction project that is in

19 support of a national security program of the Department

20 of Energy, the Secretary of Energy shall complete a con21 ceptual design for that project.

22 (b) EXCEPTIONS.—The requirement in subsection (a)

23 does not apply to requests for funds—
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1 (1) for the costs of preparing a conceptual de2 sign for a construction project referred to in that

3 subsection; or

4 (2) for emergency planning, design, and con5 struction activities under section 3127.

6 SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DE7 SIGN, AND CONSTRUCTION ACTIVITIES.

8 (a) AUTHORITY.—The Secretary of Energy may use

9 any funds available to the Department of Energy under

10 sections 3101, 3102, and 3103, including those funds au11 thorized to be appropriated for advance planning and con12 struction design, to perform planning, design, and con13 struction activities for any Department of Energy national

14 security program construction project that, as determined

15 by the Secretary, must proceed expeditiously in order to

16 protect public health and safety, meet the needs of na17 tional defense, or protect property.

18 (b) LIMITATION.—The Secretary may not exercise

19 the authority under subsection (a) in the case of any con20 struction project until the Secretary has submitted to the

21 congressional defense committees a report on the activities

22 that the Secretary intends to carry out under this section

23 and the circumstances making such activities necessary.

24 (c) SPECIFIC AUTHORITY.—The requirement of sec25 tion 3125(b) does not apply to emergency planning, de-
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1 sign, and construction activities conducted under this sec2 tion.

3 (d) REPORT.—The Secretary of Energy shall prompt4 ly report to the congressional defense committees any ex5 ercise of authority under this section.

6 SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECU7 RITY PROGRAMS OF THE DEPARTMENT OF

8 ENERGY.

9 Subject to the provisions of appropriation Acts and

10 section 3121, amounts appropriated pursuant to this title

11 that are made available for management and support ac12 tivities and for general plant projects are available for use,

13 when necessary, in connection with all national security

14 programs of the Department of Energy.

15 SEC. 3129. AVAILABILITY OF FUNDS.

16 When so specified in an appropriation Act, amounts

17 appropriated for operating expenses, plant projects, and

18 capital equipment may remain available until expended.

19 Subtitle C—Program Authoriza20 tions, Restrictions, and Limita21 tions

22 SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND

23 TRAINING PROGRAM.

24 (a) CONDUCT OF PROGRAM.—(1) As part of the

25 stockpile stewardship program established pursuant to
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1 section 3138 of the National Defense Authorization Act

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

3 1946; 42 U.S.C. 2121 note), the Secretary of Energy shall

4 conduct a stockpile stewardship recruitment and training

5 program at the Sandia National Laboratories, the Law6 rence Livermore National Laboratory, and the Los Ala7 mos National Laboratory.

8 (2) The recruitment and training program shall be

9 conducted in coordination with the Chairman of the Joint

10 Nuclear Weapons Council established by section 179 of

11 title 10, United States Code, and the directors of the lab12 oratories referred to in paragraph (1).

13 (b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As

14 part of the recruitment and training program, the direc15 tors of the laboratories referred to in subsection (a)(1)

16 may employ undergraduate students, graduate students,

17 and postdoctoral fellows to carry out research sponsored

18 by such laboratories for military or nonmilitary dual-use

19 programs related to nuclear weapons stockpile steward20 ship.

21 (2) Of the amounts authorized to be appropriated to

22 the Secretary of Energy pursuant to section 3101(a)(1)

23 for weapons activities for core research and development

24 and allocated by the Secretary for education initiatives,

25 $4,000,000 shall be available for carrying out paragraph
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1 (1). The amount available under this paragraph shall be

2 allocated equally among the laboratories referred to in

3 subsection (a)(1).

4 (c) ESTABLISHMENT OF RETIREE CORPS.—As part

5 of the training and recruitment program, the Secretary,

6 in coordination with the directors of the laboratories re7 ferred to in subsection (a)(1), shall establish for the lab8 oratories a retiree corps of retired scientists who have ex9 pertise in research and development of nuclear weapons.

10 The directors may employ the retired scientists on a part11 time basis to provide appropriate assistance on nuclear

12 weapons issues, to contribute relevant information to be

13 archived, and to help to provide training to other sci14 entists.

15 (d) REPORT.—(1) Not later than February 1, 1995,

16 the Secretary of Energy shall submit to the congressional

17 defense committees a report on the demographic trends

18 of the personnel of the laboratories referred to in sub19 section (a)(1) and on actions taken by the Department

20 of Energy to remedy identified deficiencies in various skill

21 areas.

22 (2) The report shall be prepared in coordination with

23 the Chairman of the Joint Nuclear Weapons Council and

24 the directors of the laboratories. Information included in
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1 the report shall be aggregated and compiled into statistical

2 categories.

3 (3) The report shall include the following:

4 (A) An inventory of the weapons-related tasks

5 that the laboratories need to perform to support

6 their nuclear weapons responsibilities.

7 (B) An inventory of the skills necessary to com8 plete the weapons-related tasks referred to in sub9 paragraph (A).

10 (C) For each laboratory, the number of sci11 entists needed in each skill area to perform such

12 tasks.

13 (D) The number of the scientists providing

14 services in each skill area at each laboratory, stated

15 by age.

16 (E) An assessment of which skill areas are

17 understaffed.

18 (F) The number of scientists entering the weap19 ons program at each laboratory, and their skill

20 areas.

21 (G) The number of full-time equivalent person22 nel with weapon skills, their distribution by skill

23 and, for each such skill, their distribution by age.

24 (H) The number of scientists retiring from the

25 weapons program in the 5- year period ending on
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1 the date of the report and the skill areas in which

2 they worked in the year preceding their retirement.

3 (I) Based on the information contained in sub4 paragraphs (A) through (H), a projection of the

5 skills areas that will become understaffed in the five

6 years following the date of the report.

7 (J) Alternative actions that may be taken to re8 tain and recruit scientists for the weapons programs

9 at the laboratories in order to preserve a sufficient

10 skill base and to fulfill stockpile stewardship respon11 sibilities.

12 (K) Any plans of the Secretary to take any of

13 the alternative actions referred to in subparagraph

14 (J).

15 SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PRO16 GRAM.

17 Of the funds authorized to be appropriated by this

18 title to the Department of Energy for fiscal year 1995,

19 $176,473,000 shall be available for the defense inertial

20 confinement fusion program.

21 SEC. 3133. PAYMENT OF PENALTIES.

22 The Secretary of Energy may pay to the Hazardous

23 Substance Superfund established under section 9507 of

24 the Internal Revenue Code of 1986 (26 U.S.C. 9507),

25 from funds appropriated to the Department of Energy for
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1 environmental restoration and waste management activi2 ties pursuant to section 3102, stipulated civil penalties as3 sessed under the Comprehensive Environmental Response,

4 Compensation and Liability Act of 1980 (42 U.S.C. 9601

5 et seq.) in amounts as follows:

6 (1) $50,000, assessed against the Fernald En7 vironmental Management Project, Ohio, under such

8 Act.

9 (2) $50,000, assessed against the Portsmouth

10 Gaseous Diffusion Plant, Ohio, under such Act.

11 SEC. 3134. WATER MANAGEMENT PROGRAMS.

12 From funds authorized to be appropriated pursuant

13 to section 3102 to the Department of Energy for environ14 mental restoration and waste management activities, the

15 Secretary of Energy may reimburse the cities of West16 minster, Broomfield, Thornton, and Northglenn, in the

17 State of Colorado, $11,415,000 for the cost of implement18 ing water management programs. Reimbursements for the

19 water management programs shall not be considered a

20 major Federal action for purposes of section 102(2) of the

21 National Environmental Policy Act of 1969 (42 U.S.C.

22 4332(2)).
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1 SEC. 3135. LIMITATION ON USE OF FUNDS FOR SPECIAL AC2 CESS PROGRAMS.

3 Not more than 20 percent of the funds appropriated

4 or otherwise made available to the Department of Energy

5 for fiscal year 1995 pursuant to this title that are avail6 able for limited access programs and special access pro7 gram may be obligated for a limited access program or

8 special access program until the Secretary of Energy sub9 mits to the congressional defense committees the annual

10 reports required to be submitted in that fiscal year under

11 subsections (a) and (b) of section 93 of the Atomic Energy

12 Act of 1954 (42 U.S.C. 2122a).

13 SEC. 3136. PROTECTION OF NUCLEAR WEAPONS FACILI14 TIES WORKERS.

15 Of the funds authorized to be appropriated by section

16 310(2) for environmental restoration and waste manage17 ment activities, $11,000,000 shall be available to carry out

18 activities authorized under section 3131 of the National

19 Defense Authorization Act for Fiscal Years 1992 and

20 1993 (Public Law 102–190; 105 Stat. 1571; 42 U.S.C.

21 7274d), relating to worker protection at nuclear weapons

22 facilities.

23 SEC. 3137. NATIONAL SECURITY PROGRAMS.

24 Notwithstanding any other provision of law, not more

25 than 90 percent of the funds appropriated to the Depart26 ment of Energy for national security programs under this
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1 title may be obligated for such programs until the Sec2 retary of Energy submits to the congressional defense

3 committees the five-year budget plan with respect to fiscal

4 year 1995 required under section 3144 of the National

5 Defense Authorization Act for Fiscal Years 1990 and

6 1991 (Public Law 101–189; 103 Stat. 1681; 42 U.S.C.

7 7271b).

8 SEC. 3138. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

9 ENVIRONMENTAL RESTORATION AND WASTE

10 MANAGEMENT.

11 Of the funds authorized to be appropriated to the De12 partment of Energy for fiscal year 1995 for environmental

13 restoration and waste management, $1,000,000 shall be

14 available for the Scholarship and Fellowship Program for

15 Environmental Restoration and Waste Management car16 ried out under section 3123 of the National Defense Au17 thorization Act for Fiscal Years 1992 and 1993 (Public

18 Law 102–190; 105 Stat. 1572; 42 U.S.C. 7274e).

19 SEC. 3139. HAZARDOUS MATERIALS MANAGEMENT AND

20 HAZARDOUS MATERIALS EMERGENCY RE21 SPONSE TRAINING PROGRAM.

22 Of the funds authorized to be appropriated to the De23 partment of Energy for fiscal year 1995 under section

24 3102(d), not more than $14,000,000 shall be available to

25 carry out a hazardous materials management and hazard-
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1 ous materials emergency response training program at

2 Hanford Nuclear Reservation, Richland, Washington.

3 SEC. 3140. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN

4 EXPOSED TO RADIATION RELEASED FROM

5 HANFORD NUCLEAR RESERVATION.

6 (a) FUNDING.—Of the funds authorized to be appro7 priated to the Department of Energy under section 3101

8 for fiscal year 1995, $3,295,591 shall be available for ac9 tivities relating to the Hanford Health Information Net10 work established pursuant to the authority set forth in

11 section 3138 of the National Defense Authorization Act

12 for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

13 1834).

14 (b) LIMITATION ON RELEASE OF CERTAIN PER15 SONAL INFORMATION.—(1) Information referred to in

16 paragraph (2) that is collected from an individual pursu17 ant to operation of the Hanford Health Information Net18 work shall be used only by the Network unless the individ19 ual, or a designated legal representative of the individual,

20 authorizes in writing the use of the information for an21 other purpose.

22 (2) Paragraph (1) applies to the following informa23 tion:

24 (A) The name, address, telephone number, and

25 medical information and records of each individual
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1 requesting assistance and information from the Net2 work.

3 (B) Such other information or categories of in4 formation as the chief officers of the health depart5 ments of the States of Washington, Oregon, and

6 Idaho jointly designate as information covered by

7 this subsection.

8 SEC. 3141. SOLAR ENERGY ACTIVITIES AT NEVADA TEST

9 SITE, NEVADA.

10 Of the funds authorized to be appropriated to the De11 partment of Energy under section 3101, $10,000,000

12 shall be available for development of solar energy at the

13 Nevada Test Site, Nevada.

14 Subtitle D—Other Matters

15 SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT

16 OF ENERGY FUNDS.

17 (a) IN GENERAL.—The Secretary of Energy shall

18 prescribe procedures to account for the use of funds for

19 the performance of the programs and activities of the De20 partment of Energy for which funds are appropriated for

21 national security programs of the Department of Energy.

22 The procedures shall provide for such accounting for fiscal

23 years beginning after fiscal year 1996.

24 (b) COVERED MATTERS.—The Secretary shall pre25 scribe procedures under subsection (a)—
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1 (1) to account for the funds appropriated to the

2 Department for national security programs and ac3 tivities of the Department that are not used for the

4 purpose for which such funds were appropriated;

5 and

6 (2) to provide an accounting for all encumbered

7 funds, unencumbered funds, unobligated funds,

8 costed funds, and uncosted obligations of the De9 partment in that fiscal year.

10 SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS

11 ACTIVITIES.

12 (a) APPROVAL BY JOINT NUCLEAR WEAPONS COUN13 CIL.—Subsection (d) of section 179 of title 10, United

14 States Code, is amended—

15 (1) by redesignating paragraphs (8) and (9) as

16 paragraphs (9) and (10), respectively; and

17 (2) by inserting after paragraph (7) the follow18 ing new paragraph (8):

19 ‘‘(8) Coordinating and approving activities initi20 ated or conducted by the Department of Energy for

21 the study, development, and production of nuclear

22 warheads, including concept definition studies, fea23 sibility studies, engineering development, hardware

24 component fabrication, warhead production, and

25 warhead retirement.’’.
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1 (b) TECHNICAL AMENDMENTS.—Subsections (a)(3)

2 and (b) of such section are amended by striking out ‘‘ap3 pointed’’ each place it appears and inserting in lieu thereof

4 ‘‘designated’’.

5 SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CER6 TAIN ACTIVITIES AT THE NEVADA TEST SITE,

7 NEVADA.

8 Not later than April 1, 1995, the Secretary of Energy

9 shall submit to Congress a report on the feasibility of con10 ducting the following activities at the Nevada Test Site,

11 Nevada:

12 (1) The demilitarization of large rocket motors,

13 high energetic explosives and conventional ordnance.

14 (2) Disarmament and demilitarization of con15 ventional weapons and components, generally.

16 (3) The conduct of experiments that assist in

17 monitoring compliance with international agreements

18 on the nonproliferation of nuclear weapons.

19 (4) The conduct of programs for the Depart20 ment of Energy and the Department of Defense to

21 develop simulator technologies for nuclear weapons

22 design and effects, including advanced hydrodynamic

23 simulators, fusion test facilities, and nuclear weap24 ons effects simulators (such as the Decade and Jupi25 ter simulators).
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1 (5) The conduct of the stockpile stewardship

2 program established pursuant to section 3138 of the

3 National Defense Authorization Act for Fiscal Year

4 1994 (42 U.S.C. 2121 note).

5 (6) Experiments related to the nonproliferation

6 of nuclear weapons, including experiments with re7 spect to disablement of such weapons, nuclear

8 forensics, sensors, and verification and monitoring.

9 SEC. 3154. NUCLEAR WEAPONS COUNCIL MEMBERSHIP.

10 Section 179(a)(1) title 10, United States Code, is

11 amended to read as follows: ‘‘(3) Two senior representa12 tives of the Department of Energy appointed by the Sec13 retary of Energy.’’.

14 SEC. 3155. OFFICE OF FISSILE MATERIALS DISPOSITION.

15 (a) ESTABLISHMENT.—Title II of the Department of

16 Energy Organization Act (42 U.S.C. 7131 et seq.) is

17 amended by adding at the end the following:

18 ‘‘OFFICE OF FISSILE MATERIALS DISPOSITION

19 ‘‘SEC. 212. (a) There shall be within the Department

20 an Office of Fissile Materials Disposition.

21 ‘‘(b) The Secretary shall designate the head of the

22 Office. The head of the Office shall report to the Under

23 Secretary.

24 ‘‘(c) The head of the Office shall be responsible for

25 all activities of the Department relating to the manage26 ment, storage, and disposition of fissile materials from
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1 weapons and weapons systems that are excess to the na2 tional security needs of the United States.’’.

3 (b) CONFORMING AMENDMENT.—The table of con4 tents in the first section of such Act is amended by insert5 ing after the item relating to section 210 the following

6 new items:

‘‘Sec. 211. Office of Minority Economic Impact.

‘‘Sec. 212. Office of Fissile Materials Disposition.’’.

7 SEC. 3156. EXTENSION OF AUTHORITY TO LOAN PERSON8 NEL AND FACILITIES AT IDAHO NATIONAL

9 ENGINEERING LABORATORY.

10 Section 1434 of the National Defense Authorization

11 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

12 2074), as amended by section 3136 of the National De13 fense Authorization Act for Fiscal Year 1993 (Public Law

14 102–484; 106 Stat. 2641), is further amended—

15 (1) in the third sentence of subsection (a)(3),

16 by striking out ‘‘fiscal years 1993 and 1994’’ and in17 serting in lieu thereof ‘‘fiscal years 1993, 1994,

18 1995, 1996, and 1997’’; and

19 (2) in subsection (c), by striking out ‘‘Septem20 ber 30, 1994, with respect to the Idaho National

21 Engineering Laboratory’’ and inserting in lieu there22 of ‘‘September 30, 1997, with respect to the Idaho

23 National Engineering Laboratory’’.
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1 SEC. 3157. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR

2 PLAN FOR DEFENSE NUCLEAR FACILITIES.

3 Subsection (a) section 3135 of the National Defense

4 Authorization Act for Fiscal Years 1992 and 1993 (Public

5 Law 102–190; 105 Stat. 1575; 42 U.S.C. 7274g(a)) is

6 amended—

7 (1) in paragraph (1)—

8 (A) by striking out ‘‘(A) defense nuclear

9 facilities and (B) all other facilities owned or

10 operated by the Department of Energy’’ in the

11 first sentence and inserting in lieu thereof ‘‘all

12 facilities owned or operated by the Department

13 of Energy except defense nuclear facilities’’;

14 and

15 (B) by inserting ‘‘such’’ in the third sen16 tence after ‘‘restoration at all’’;

17 (2) in paragraph (4), by striking out ‘‘The plan

18 shall contain the following matter:’’ and inserting in

19 lieu thereof ‘‘The plan shall include, with respect to

20 the Department of Energy facilities required by

21 paragraph (1) to be covered by the plan, the follow22 ing matters:’’;

23 (3) by striking out paragraph (6); and

24 (4) by redesignating paragraph (7) as para25 graph (6).
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1 SEC. 3158. AUTHORITY FOR APPOINTMENT OF CERTAIN

2 SCIENTIFIC, ENGINEERING, AND TECHNICAL

3 PERSONNEL.

4 (a) AUTHORITY.—(1) Notwithstanding any provision

5 of title 5, United States Code, governing appointments in

6 the competitive service and General Schedule classification

7 and pay rates, or any other provision of law, the Secretary

8 of Energy may—

9 (A) establish and set the rates of pay for not

10 more than 200 positions in the Department of En11 ergy for scientific, engineering, and technical person12 nel whose duties will relate to safety at defense nu13 clear facilities of the Department; and

14 (B) appoint persons to such positions.

15 (2) The rate of pay for a position established under

16 paragraph (1) may not exceed the rate of pay payable for

17 Level IV of the Executive Schedule under section 5315

18 of title 5, United States Code.

19 (3) To the maximum extent practicable, the Secretary

20 shall appoint persons under paragraph (1)(B) to the posi21 tions established under paragraph (1)(A) in accordance

22 with the merit system principles set forth in section 2301

23 of such title.

24 (b) OPM REVIEW.—(1) The Secretary shall enter

25 into an agreement with the Director of the Office of Per26 sonnel Management under which agreement the Director
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1 shall periodically evaluate the use of the authority set

2 forth in subsection (a)(1).

3 (2) If the Director determines as a result of such

4 evaluation that the Secretary of Energy is not appointing

5 persons to positions under such authority in a manner

6 consistent with the merit system principles set forth in

7 section 2301 of title 5, United States Code, the Director

8 shall notify the Secretary of that determination.

9 (3) Upon receipt of a notification under paragraph

10 (2), the Secretary shall—

11 (A) take appropriate actions to appoint persons

12 to positions under such authority in a manner con13 sistent with such principles; or

14 (B) cease appointment of persons under such

15 authority.

16 (c) TERMINATION.—(1) The authority provided

17 under subsection (a)(1) shall terminate on September 30,

18 1997.

19 (2) An employee may not be separated from employ20 ment with the Department of Energy or receive a reduc21 tion in pay by reason of the termination of authority under

22 paragraph (1).
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1 SEC. 3159. DEPARTMENT OF ENERGY DECLASSIFICATION

2 PRODUCTIVITY INITIATIVE.

3 Of the funds autorized to be appropriated to the De4 partment of Energy under section 3103, $3,000,000 shall

5 be available for the Department of Energy’s Declassifica6 tion Productivity Initiative.

7 SEC. 3160. SAFETY OVERSIGHT AND ENFORCEMENT AT DE8 FENSE NUCLEAR FACILITIES.

9 (a) FINDINGS.—Congress finds the following:

10 (1) Effective oversight of matters relating to

11 nuclear safety at defense nuclear facilities and en12 forcement of nuclear safety standards at such facili13 ties are critical to ensuring the safety of the public

14 and the workers at such facilities.

15 (2) The Department of Energy has not devoted

16 adequate attention historically to matters relating to

17 nuclear safety at defense nuclear facilities.

18 (b) SAFETY AT DEFENSE NUCLEAR FACILITIES.—

19 The Secretary of Energy shall take appropriate actions to

20 ensure that—

21 (1) officials of the Department of Energy who

22 are responsible for independent oversight of matters

23 relating to nuclear safety at defense nuclear facilities

24 and enforcement of nuclear safety standards at such

25 facilities maintain independence from officials who

26 are engaged in management of such facilities;
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1 (2) the independent, internal oversight func2 tions carried out by the Department include, at the

3 minimum, activities relating to—

4 (A) the assessment of the safety of defense

5 nuclear facilities;

6 (B) the assessment of the effectiveness of

7 Department program offices in carrying out

8 programs relating to the environment, safety,

9 health, and security at defense nuclear facili10 ties;

11 (C) the provision to the Secretary of over12 sight reports that—

13 (i) contain validated technical infor14 mation; and

15 (ii) provide a clear analysis of the ex16 tent to which line programs governing de17 fense nuclear facilities meet applicable

18 goals for the environment, safety, health,

19 and security at such facilities; and

20 (D) the development of clear performance

21 standards to be used in assessing the adequacy

22 of the programs referred to in subparagraph

23 (C)(ii);

24 (3) the Department has a system for bringing

25 issues relating to nuclear safety at defense nuclear
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1 facilities to the attention of the officials of the De2 partment (including the Secretary of Energy) having

3 authority to resolve such issues in an adequate and

4 timely manner; and

5 (4) an adequate number of qualified personnel

6 of the Department are assigned to oversee matters

7 relating to nuclear safety at defense nuclear facilities

8 and enforce nuclear safety standards at such facili9 ties.

10 (c) REPORT.—Not later than 90 days after the date

11 of the enactment of this Act, the Secretary of Energy shall

12 submit to the congressional defense committees a report

13 describing—

14 (1) the actions that the Secretary has taken or

15 will take to fulfill the requirements set forth in para16 graphs (1), (2), and (3) of subsection (b);

17 (2) the actions in addition to the actions de18 scribed under paragraph (1) that the Secretary

19 could take in order to fulfill such requirements; and

20 (3) the respective roles with regard to nuclear

21 safety at defense nuclear facilities of the following

22 officials:

23 (A) The Associate Deputy Secretary of En24 ergy for Field Management.
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1 (B) The Assistant Secretary of Energy for

2 Defense Programs.

3 (C) The Assistant Secretary of Energy for

4 Environmental Restoration and Waste Manage5 ment.

6 SEC. 3161. CONDITIONS ON CONTRACTS BETWEEN THE

7 FEDERAL GOVERNMENT AND CERTAIN LES8 SEES AND TRANSFEREES OF DEPARTMENT

9 OF ENERGY PROPERTY.

10 (a) CONDITIONS.—Notwithstanding any other provi11 sion of law, the head of a department or agency of the

12 United States may require as a condition of a contract

13 with an entity described in subsection (b) that such entity

14 certifies to the head of the department or agency the fol15 lowing:

16 (1) That no officer, director, employee, or agent

17 of the entity has utilized in the preparation of the

18 bid or solicitation for the contract—

19 (A) any records or systems of records of

20 the Federal Government that are covered by

21 section 552a of title 5, United States Code;

22 (B) any information or data of the Federal

23 Government that has not been released or oth24 erwise made generally available for preparation

25 of bids or proposals on the contract; or
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1 (C) any commercial information or data of

2 another entity that has not been released or

3 otherwise made generally available for that pur4 pose.

5 (2) That the entity has returned, destroyed, or

6 otherwise disposed of all documents received from

7 the Federal Government by reason of any earlier

8 contract between the Federal Government and the

9 entity for the operation of the facility which is

10 leased, or with respect to which property is trans11 ferred, to the entity pursuant to a provision of law

12 referred to in subsection (b).

13 (b) COVERED ENTITIES.—Subsection (a) applies to

14 any entity, or the affiliate, successor to, or assign of the

15 entity, to which the Secretary of Energy leases a Depart16 ment of Energy facility under section 646(c) of the De17 partment of Energy Organization Act (42 U.S.C. 7256(d))

18 or to which the Secretary transfers personal property of

19 such a facility under section 3155(a) of the National De20 fense Authorization Act for Fiscal Year 1994 (Public Law

21 103–160; 107 Stat. 1953; 42 U.S.C. 7274l(c)).
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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY

3 BOARD AUTHORIZATION

4 SEC. 3201. AUTHORIZATION.

5 There are authorized to be appropriated for fiscal

6 year 1995, $17,933,000 for the operation of the Defense

7 Nuclear Facilities Safety Board under chapter 21 of the

8 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

9 TITLE XXXIII—NATIONAL

10 DEFENSE STOCKPILE

11 SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATE12 RIALS CONTAINED IN THE NATIONAL DE13 FENSE STOCKPILE.

14 (a) DISPOSAL AUTHORIZED.—Subject to the condi15 tions specified in subsection (b), the President may dis16 pose of obsolete and excess materials currently contained

17 in the National Defense Stockpile in order to modernize

18 the stockpile. The materials subject to disposal under this

19 subsection and the quantity of each material authorized

20 to be disposed of by the President are set forth in the

21 following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ...................................................................................... 62,843 short tons

Tungsten Group ............................................................................. 51,336,478 pounds

of contained tungsten
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1 (b) CONDITIONS ON DISPOSAL.—The authority of the

2 President under subsection (a) to dispose of materials

3 stored in the stockpile may not be used unless and until

4 the Secretary of Defense certifies that the disposal of such

5 materials will not adversely affect the capability of the Na6 tional Defense Stockpile to supply the strategic and criti7 cal materials necessary to meet the needs of the United

8 States during a period of national emergency that requires

9 a significant level of mobilization of the economy of the

10 United States, including any reconstitution of the military

11 and industrial capabilities necessary to meet the planning

12 assumptions used by the Secretary of Defense under sec13 tion 14(b) of the Strategic and Critical Materials Stock

14 Piling Act (50 U.S.C. 98h–5(b)).

15 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

16 Subject to such limitations as may be provided in ap17 propriations Acts, during fiscal year 1995, the National

18 Defense Stockpile Manager may obligate up to

19 $54,200,000 of the funds in the National Defense Stock20 pile Transaction Fund established under subsection (a) of

21 section 9 of the Strategic and Critical Materials Stock Pil22 ing Act (50 U.S.C. 98h) for the authorized uses of such

23 funds under subsection (b)(2) of such section.
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1 SEC. 3303. REPEAL OF ADVISORY COMMITTEE REQUIRE2 MENT.

3 Section 3306 of the National Defense Authorization

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

5 2652; 50 U.S.C. 98h–1 note) is repealed.

6 SEC. 3304. ROTATION OF MATERIALS TO PREVENT TECHNO7 LOGICAL OBSOLESCENCE.

8 Section 6(a)(4) of the Strategic and Critical Mate9 rials Stock Piling Act (50 U.S.C. 98e(a)(4)) is amended

10 by inserting ‘‘or technological obsolescence’’ after ‘‘dete11 rioration’’.

12 TITLE XXXIV—CIVIL DEFENSE

13 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

14 There is hereby authorized to be appropriated

15 $129,658,000 for fiscal year 1995 for the purpose of car16 rying out the Federal Civil Defense Act of 1950 (50

17 U.S.C. 2251 et seq.).

18 TITLE XXXV—PANAMA CANAL

19 COMMISSION

20 SEC. 3501. SHORT TITLE.

21 This title may be cited as the ‘‘Panama Canal Com22 mission Authorization Act for Fiscal Year 1995’’.

23 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

24 (a) IN GENERAL.—Subject to subsection (b), the

25 Panama Canal Commission is authorized to make such ex26 penditures within the limits of funds and borrowing au-
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1 thority available to it in accordance with law, and to make

2 such contracts and commitments without regard to fiscal

3 year limitations, as may be necessary under the Panama

4 Canal Act of 1979 (22 U.S.C. 3601) for the operation,

5 maintenance, and improvement of the Panama Canal for

6 fiscal year 1995.

7 (b) LIMITATIONS.—For fiscal year 1995, the Panama

8 Canal Commission may expend from funds in the Panama

9 Canal Revolving Fund not more than $50,030,000 for ad10 ministrative expenses, of which not more than—

11 (1) $11,000 may be used for official reception

12 and representation expenses of the Supervisory

13 Board of the Commission;

14 (2) $5,000 may be used for official reception

15 and representation expenses of the Secretary of the

16 Commission; and

17 (3) $30,000 may be used for official reception

18 and representation expenses of the Administrator of

19 the Commission.

20 (c) REPLACEMENT VEHICLES.—Funds available to

21 the Panama Canal Commission shall be available for the

22 purchase of not to exceed 43 passenger motor vehicles (in23 cluding large heavy-duty vehicles to be used to transport

24 Commission personnel across the isthmus of Panama). A

25 vehicle may be purchased with such funds only as nec-
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1 essary to replace another passenger motor vehicle of the

2 Commission. The purchase price of each vehicle may not

3 exceed $19,500.

4 SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER

5 LAWS.

6 Expenditures authorized under this Act may be made

7 only in accordance with the Panama Canal Treaties of

8 1977 and any law of the United States implementing

9 those treaties.

10 SEC. 3504. COSTS OF EDUCATIONAL SERVICES OBTAINED

11 IN THE UNITED STATES.

12 Section 1321(e)(2) of the Panama Canal Act of 1979

13 (22 U.S.C. 3731(e)(2)) is amended by inserting ‘‘or the

14 United States’’ after ‘‘schools in the Republic of Panama’’.

15 SEC. 3505. SPECIAL IMMIGRANT STATUS OF PANAMANIANS

16 EMPLOYED BY THE UNITED STATES IN THE

17 FORMER CANAL ZONE.

18 Section 101(a)(27)(F) of the Immigration and Na19 tionality Act (8 U.S.C. 1101(a)(27)(F)) is amended in

20 clause (ii) by inserting ‘‘or continues to be employed by

21 the United States Government in an area of the former

22 Canal Zone’’ after ‘‘employment’’.
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1 DIVISION IV—FEDERAL

2 ACQUISITION STREAMLINING

3 TITLE XLI—CONTRACT

4 FORMATION

5 Subtitle A—Competition Statutes

6 PART I—ARMED SERVICES ACQUISITIONS

7 Subpart A—Competition Requirements

8 SEC. 41001. REFERENCES TO FEDERAL ACQUISITION REGU9 LATION.

10 Section 2304 of title 10, United States Code, is

11 amended—

12 (1) in subsection (a)(1)(A), by striking out

13 ‘‘modifications’’ and all that follows through ‘‘note)’’

14 and inserting in lieu thereof ‘‘Federal Acquisition

15 Regulation’’; and

16 (2) in subsection (g)(1), by striking out ‘‘regu17 lations modified’’ and all that follows through

18 ‘‘note)’’ and inserting in lieu thereof ‘‘Federal Ac19 quisition Regulation’’.
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1 SEC. 41002. ESTABLISHMENT OR MAINTENANCE OF ALTER2 NATIVE SOURCES OF SUPPLY.

3 Section 2304(b) of title 10, United States Code, is

4 amended—

5 (1) in paragraph (1)—

6 (A) by striking out ‘‘or’’ at the end of sub7 paragraph (B);

8 (B) by striking out the period at the end

9 of subparagraph (C) and inserting in lieu there10 of a semicolon; and

11 (C) by adding at the end the following new

12 subparagraphs:

13 ‘‘(D) would ensure the continuous availability of

14 a reliable source of supply of such property or serv15 ice;

16 ‘‘(E) would satisfy projected needs for such

17 property or service determined on the basis of a his18 tory of high demand for the property or service; or

19 ‘‘(F) in the case of medical supplies, safety sup20 plies, or emergency supplies, would satisfy a critical

21 need for such supplies.’’;

22 (2) by redesignating paragraphs (2) and (3) as

23 paragraphs (3) and (4), respectively;

24 (3) by inserting after paragraph (1) the follow25 ing new paragraph (2):
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1 ‘‘(2) The determination required of the agency head

2 in paragraph (1) may not be made for a class of purchases

3 or contracts.’’; and

4 (4) in paragraph (4), as redesignated by para5 graph (2), by striking out ‘‘paragraphs (1) and (2)’’

6 and inserting in lieu thereof ‘‘paragraphs (1) and

7 (3)’’.

8 SEC. 41003. CLARIFICATION OF APPROVAL AUTHORITY FOR

9 USE OF PROCEDURES OTHER THAN FULL

10 AND OPEN COMPETITION.

11 Section 2304(f)(1)(B)(i) of title 10, United States

12 Code, is amended by inserting before the semicolon at the

13 end the following: ‘‘or by an official referred to in clause

14 (ii), (iii), or (iv)’’.

15 SEC. 41004. TASK ORDER CONTRACTS FOR ADVISORY AND

16 ASSISTANCE SERVICES.

17 (a) AUTHORITY.—

18 (1) IN GENERAL.—Chapter 137 of title 10,

19 United States Code, is amended by inserting after

20 section 2304 the following new section:

21 ‘‘§ 2304a. Task order contracts for advisory and as22 sistance services

23 ‘‘(a) AUTHORITY TO AWARD.—(1) Subject to the re24 quirements of this section, the head of an agency may

25 enter into a contract for advisory and assistance services
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1 that does not procure or specify a firm quantity of services

2 (other than a minimum or maximum quantity) and that

3 provides for the issuance of task orders during the speci4 fied period of the contract.

5 ‘‘(2) Except as provided in subsection (h), the head

6 of an agency may enter into a contract described in para7 graph (1) only under the authority of this section.

8 ‘‘(b) LIMITATION ON CONTRACT PERIOD.—The pe9 riod of a contract referred to in subsection (a), including

10 all periods of extensions of the contract under options,

11 modifications, or otherwise, may not exceed 5 years unless

12 a longer period is specifically authorized in a law that is

13 applicable to such contract.

14 ‘‘(c) CONTRACT PROCEDURES.—(1) The head of an

15 agency may use procedures other than competitive proce16 dures to enter into a contract referred to in subsection

17 (a) only if an exception in subsection (c) of section 2304

18 of this title applies to the contract and the use of such

19 procedures is approved in accordance with subsection (f)

20 of such section.

21 ‘‘(2) The notice required by section 18 of the Office

22 of Federal Procurement Policy Act (41 U.S.C. 416) and

23 section 8(e) of the Small Business Act (15 U.S.C. 637(e))

24 shall reasonably and fairly describe the general scope,

25 magnitude, and duration of the proposed contract in a
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1 manner that would reasonably enable a potential offeror

2 to decide whether to request the solicitation and consider

3 submitting an offer.

4 ‘‘(3) The solicitation shall include the following:

5 ‘‘(A) The period of the contract, including the

6 number of options to extend the contract and the pe7 riod for which the contract may be extended under

8 each option, if any.

9 ‘‘(B) The maximum quantity or dollar value of

10 services to be procured under the contract.

11 ‘‘(C) A statement of work, specifications, or

12 other description that reasonably describes the gen13 eral scope, nature, complexity, and purposes of the

14 services to be procured under the contract.

15 ‘‘(4)(A) The head of an agency may, on the basis of

16 one solicitation, award separate contracts under this sec17 tion for the same or similar services to two or more

18 sources if the solicitation states that the head of the agen19 cy has the option to do so.

20 ‘‘(B) If, in the case of a contract for advisory and

21 assistance services to be entered into under the authority

22 of this section, the contract period is to exceed 3 years

23 and the contract amount is estimated to exceed

24 $10,000,000 (including all options), the solicitation

25 shall—
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1 ‘‘(i) provide for a multiple award authorized

2 under subparagraph (A); and

3 ‘‘(ii) include a statement that the head of the

4 agency may also elect to award only one contract if

5 the head of the agency determines in writing that

6 only one of the offerers is capable of providing the

7 services required at the level of quality required.

8 ‘‘(C) Subparagraph (B) does not apply in the case

9 of a solicitation for which the head of an agency deter10 mines in writing that, because the services required under

11 the contract are unique or highly specialized, it is not

12 practicable to award more than one contract.

13 ‘‘(5) A contract referred to in subsection (a) shall

14 contain the same information that is required by para15 graph (3) to be included in the solicitation of offers for

16 that contract.

17 ‘‘(d) ORDER PROCEDURES.—(1) The following ac18 tions are not required for a task order issued under a con19 tract entered into in accordance with this section:

20 ‘‘(A) A separate notice for such order under

21 section 18 of the Office of Federal Procurement Pol22 icy Act (41 U.S.C. 416) or section 8(e) of the Small

23 Business Act (15 U.S.C. 637(e)).

24 ‘‘(B) Except as provided in paragraph (2), a

25 competition (or a waiver of competition approved in
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1 accordance with section 2304(f) of this title) that is

2 separate from that used for entering into the con3 tract.

4 ‘‘(2)(A) When multiple contracts are awarded pursu5 ant to subsection (c)(4), all contractors awarded such con6 tracts shall be provided a fair opportunity to be consid7 ered, pursuant to procedures set forth in the contracts,

8 for each task order in excess of $2,500 that is to be issued

9 under any of the contracts unless—

10 ‘‘(i) the agency’s need for the services ordered

11 is of such unusual urgency that competition would

12 result in unacceptable delays in fulfilling the agen13 cy’s needs;

14 ‘‘(ii) only one such contractor is capable of pro15 viding the services required at the level of quality re16 quired because the services ordered are unique or so

17 highly specialized;

18 ‘‘(iii) the task order should be issued on a sole19 source basis in the interest of economy and effi20 ciency because it is a logical follow-on to a task

21 order already issued on a competitive basis; or

22 ‘‘(iv) the order must be placed with a particular

23 contractor in order to satisfy a minimum guarantee.

24 ‘‘(B) When a task order is issued in accordance with

25 subparagraph (A), the order shall include a statement of
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1 work that clearly specifies all tasks to be performed under

2 the order.

3 ‘‘(3) A protest is not authorized in connection with

4 the issuance or proposed issuance of a task order except

5 for a protest on the ground that the order increases the

6 scope, period, or maximum value of the contract under

7 which the order is issued.

8 ‘‘(e) INCREASES IN SCOPE, PERIOD, OR MAXIMUM

9 VALUE OF CONTRACT.—(1) A task order may not increase

10 the scope, period, or maximum value of the contract under

11 which the order is issued. The scope, period, or maximum

12 value of the contract may be increased only by modifica13 tion of the contract.

14 ‘‘(2) Unless use of procedures other than competitive

15 procedures is authorized by an exception in subsection (c)

16 of section 2304 of this title and approved in accordance

17 with subsection (f) of such section, competitive procedures

18 shall be used for making such a modification.

19 ‘‘(3) Notice regarding the modification shall be pro20 vided in accordance with section 18 of the Office of Fed21 eral Procurement Policy Act (41 U.S.C. 416) and section

22 8(e) of the Small Business Act (15 U.S.C. 637(e)).

23 ‘‘(4)(A) Notwithstanding the limitation on the con24 tract period set forth in subsection (b) or in a solicitation

25 or contract pursuant to subsection (c), a contract entered
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1 into by the head of an agency under this section may be

2 extended on a sole-source basis for a period not exceeding

3 6 months if the agency head determines that—

4 ‘‘(i) the award of a follow-on contract has been

5 delayed by circumstances that were not reasonably

6 foreseeable at the time the initial contract was en7 tered into; and

8 ‘‘(ii) the extension is necessary in order to en9 sure continuity of the receipt of services pending the

10 award of, and commencement of performance under,

11 the follow-on contract.

12 ‘‘(B) A contract may be extended under the authority

13 of subparagraph (A) only once and only in accordance

14 with the limitations and requirements of this subsection.

15 ‘‘(f) TASK ORDER OMBUDSMAN.—Each head of an

16 agency who awards multiple contracts pursuant to sub17 section (c)(4) shall appoint or designate a task order om18 budsman who shall be responsible for reviewing complaints

19 from the contractors on such contracts and ensuring that

20 all of the contractors are afforded a fair opportunity to

21 be considered for task orders when required under sub22 section (d)(2). The task order ombudsman shall be a sen23 ior agency official who is independent of the contracting

24 officer for the contracts and may be the agency’s competi25 tion advocate.
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1 ‘‘(g) INAPPLICABILITY TO CERTAIN CONTRACTS.—

2 This section does not apply to a contract for the acquisi3 tion of property or services that includes acquisition of ad4 visory and assistance services if the head of an agency en5 tering into such contract determines that, under the con6 tract, advisory and assistance services are necessarily inci7 dent to, and not a significant component of, the contract.

8 ‘‘(h) RELATIONSHIP TO OTHER CONTRACTING AU9 THORITY.—Nothing in this section may be construed to

10 limit the authority of the head of an agency to enter into

11 single or multiple task order contracts, or single or mul12 tiple delivery order contracts, for property or services

13 (other than advisory and assistance services) under other

14 provisions of this chapter or under any other provision of

15 law.

16 ‘‘(i) ADVISORY AND ASSISTANCE SERVICES DE17 FINED.—In this section, the term ‘advisory and assistance

18 services’ has the meaning given such term in section

19 1105(g) of title 31.’’.

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended

22 by inserting after the item relating to section 2304

23 the following new item:

‘‘2304a. Task order contracts for advisory and assistance services.’’.
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1 (b) REPEAL OF SUPERSEDED PROVISION.—Section

2 2304 of title 10, United States Code, is amended by strik3 ing out subsection (j).

4 (c) CONFORMING AMENDMENT FOR PROFESSIONAL

5 AND TECHNICAL SERVICES.—Section 2331 of title 10,

6 United States Code, is amended by striking out subsection

7 (c).

8 SEC. 41005. ACQUISITION OF EXPERT SERVICES.

9 Section 2304(c)(3) of title 10, United States Code,

10 is amended—

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

12 lieu thereof ‘‘(B)’’; and

13 (2) by inserting before the semicolon at the end

14 the following: ‘‘, or (C) to procure the services of an

15 expert for use, in any litigation or dispute (including

16 any reasonably foreseeable litigation or dispute) in17 volving the Federal Government, in any trial, hear18 ing, or proceeding before any court, administrative

19 tribunal, or agency, or in any part of an alternative

20 dispute resolution process, whether or not the expert

21 is expected to testify’’.
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1 Subpart B—Planning, Solicitation, Evaluation, and

2 Award

3 SEC. 41011. SOURCE SELECTION FACTORS.

4 Section 2305(a) of title 10, United States Code, is

5 amended—

6 (1) in paragraph (2)—

7 (A) in subparagraph (A)(i), by striking out

8 ‘‘nonprice-related factors)’’ and inserting in lieu

9 thereof ‘‘nonprice-related factors and

10 subfactors)’’; and

11 (B) in subparagraph (B)(ii), by striking

12 out subclause (I) and inserting in lieu thereof

13 the following:

14 ‘‘(I) either a statement that the pro15 posals are intended to be evaluated with,

16 and award made after, discussions with the

17 offerors, or a statement that the proposals

18 are intended to be evaluated, and award

19 made, without discussions with the offerors

20 (other than discussions conducted for the

21 purpose of minor clarification) unless dis22 cussions are determined to be necessary;

23 and’’; and

24 (2) by striking out paragraph (3) and inserting

25 in lieu thereof the following:
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1 ‘‘(3)(A) In prescribing the evaluation factors to be

2 included in each solicitation for competitive proposals, the

3 head of an agency—

4 ‘‘(i) shall clearly establish the relative impor5 tance assigned to the evaluation factors and

6 subfactors, including the quality of the product or

7 services to be provided (including technical capabil8 ity, management capability, prior experience, and

9 past performance of the offeror);

10 ‘‘(ii) shall include cost or price to the Govern11 ment as an evaluation factor that must be consid12 ered in the evaluation of proposals; and

13 ‘‘(iii) shall disclose to offerors whether all eval14 uation factors other than cost or price, when com15 bined, are—

16 ‘‘(I) significantly more important than cost

17 or price;

18 ‘‘(II) approximately equal in importance to

19 cost or price; or

20 ‘‘(III) significantly less important than

21 cost or price.

22 ‘‘(B) Nothing in this paragraph prohibits an agency

23 from—
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1 ‘‘(i) providing additional information in a solici2 tation, including numeric weights for all evaluation

3 factors; or

4 ‘‘(ii) stating in a solicitation that award will be

5 made to the offeror that meets the solicitation’s

6 mandatory requirements at the lowest cost or

7 price.’’.

8 SEC. 41012. SOLICITATION PROVISION REGARDING EVAL9 UATION OF PURCHASE OPTIONS.

10 (a) OPTIONS FOR ADDITIONAL PURCHASES.—Sub11 section (a) of section 2305 of title 10, United States Code,

12 as amended by section 41011, is further amended by add13 ing at the end the following new paragraph:

14 ‘‘(4) The head of an agency, in issuing a solicitation

15 for a contract to be awarded using sealed bid procedures,

16 may not include in such solicitation a clause providing for

17 the evaluation of prices for options to purchase additional

18 property or services under the contract unless the head

19 of the agency has determined that there is a reasonable

20 likelihood that the options will be exercised.’’.

21 (b) REPEAL OF SUPERSEDED PROVISION.—Section

22 2301(a) of such title is amended—

23 (1) by striking out paragraph (7);

24 (2) by inserting ‘‘and’’ at the end of paragraph

25 (5); and
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1 (3) by striking out ‘‘; and’’ at the end of para2 graph (6) and inserting in lieu thereof a period.

3 SEC. 41013. PROMPT NOTICE OF AWARD.

4 (a) SEALED BID PROCEDURES.—Section 2305(b)(3)

5 of title 10, United States Code, is amended by adding at

6 the end the following: ‘‘As soon as practicable after the

7 date of contract award, the head of the agency shall, in

8 accordance with procedures prescribed in the Federal Ac9 quisition Regulation, notify all offerors not awarded the

10 contract that the contract has been awarded.’’.

11 (b) COMPETITIVE PROPOSALS PROCEDURES.—Sec12 tion 2305(b)(4)(B) of title 10, United States Code, is

13 amended in the second sentence by striking out ‘‘source

14 and shall promptly notify’’ and inserting in lieu thereof

15 ‘‘source. As soon as practicable after the date of contract

16 award, the head of the agency shall, in accordance with

17 procedures prescribed in the Federal Acquisition Regula18 tion, notify’’.

19 SEC. 41014. POST-AWARD DEBRIEFINGS.

20 Section 2305(b) of title 10, United States Code, is

21 amended—

22 (1) by redesignating paragraph (5) as para23 graph (6); and

24 (2) by inserting after paragraph (4) the follow25 ing new paragraph (5):
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1 ‘‘(5)(A) When a contract is awarded by the head of

2 an agency on the basis of competitive proposals, an unsuc3 cessful offeror, upon written request received by the agen4 cy within 3 days after the date on which the unsuccessful

5 offeror receives the notification of the contract award,

6 shall be debriefed and furnished the basis for the selection

7 decision and contract award. An employee of the agency

8 shall debrief the offeror promptly after receipt of the re9 quest by the agency.

10 ‘‘(B) The debriefing shall include, at a minimum—

11 ‘‘(i) the agency’s evaluation of the significant

12 weak or deficient factors in the offeror’s offer;

13 ‘‘(ii) the overall evaluated cost and technical

14 rating of the offer of the contractor awarded the

15 contract and the overall evaluated cost and technical

16 rating of the offer of the debriefed offeror;

17 ‘‘(iii) the overall ranking of all offers;

18 ‘‘(iv) a summary of the rationale for the award;

19 ‘‘(v) in the case of a proposal for a commercial

20 item other than a commercial component, the make

21 and model of the item being provided in accordance

22 with the offer of the contractor awarded the con23 tract; and

24 ‘‘(vi) reasonable responses to questions posed by

25 the debriefed offeror as to whether source selection
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1 procedures set forth in the solicitation, applicable

2 regulations, and other applicable authorities were

3 followed by the agency.

4 ‘‘(C) The debriefing may not include point-by-point

5 comparisons of the debriefed offeror’s offer with other of6 fers and may not disclose any information that is exempt

7 from disclosure under section 552 of title 5, including in8 formation relating to—

9 ‘‘(i) trade secrets;

10 ‘‘(ii) privileged or confidential manufacturing

11 processes and techniques; and

12 ‘‘(iii) commercial and financial information that

13 is privileged or confidential, including cost break14 downs, profit, indirect cost rates, and similar infor15 mation.

16 ‘‘(D) Each solicitation for competitive proposals shall

17 include a statement that information described in subpara18 graph (B) may be disclosed in post-award debriefings.

19 ‘‘(E) If, within one year after the date of the contract

20 award and as a result of a successful procurement protest

21 or otherwise, the agency seeks to fulfill the requirement

22 under the contract either on the basis of a new solicitation

23 of offers or on the basis of new best and final offers re24 quested for that contract, the agency shall make available

25 to all offerors—
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1 ‘‘(i) the information provided in debriefings

2 under this paragraph regarding the offer of the con3 tractor awarded the contract; and

4 ‘‘(ii) the same information that would have been

5 provided to the original offerors.

6 ‘‘(F) The contracting officer shall include a summary

7 of the debriefing in the contract file.’’.

8 SEC. 41015. PROTEST FILE.

9 Section 2305 of title 10, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(e)(1) If, in the case of a solicitation for a contract

12 issued by, or an award or proposed award of a contract

13 by, the head of an agency, a protest is filed pursuant to

14 the procedures in subchapter V of chapter 35 of title 31

15 and an actual or prospective offeror so requests, a file of

16 the protest shall be established by the procuring activity

17 and reasonable access shall be provided to actual or pro18 spective offerors.

19 ‘‘(2) Information exempt from disclosure under the

20 section 552 of title 5 may be redacted in a file established

21 pursuant to paragraph (1) unless an applicable protective

22 order provides otherwise.

23 ‘‘(3) Regulations implementing this subsection shall

24 be consistent with the regulations regarding the prepara25 tion and submission of an agency’s protest file (the so-
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1 called ‘rule 4 file’) for protests to the General Services

2 Board of Contract Appeals under section 111 of the Fed3 eral Property and Administrative Services Act of 1949 (41

4 U.S.C. 759).’’.

5 SEC. 41016. AWARD OF COSTS AND FEES IN AGENCY SET6 TLEMENT OF PROTESTS.

7 Section 2305 of title 10, United States Code, as

8 amended by section 41015, is further amended by adding

9 at the end the following new subsection:

10 ‘‘(f) If, in connection with a protest, the head of an

11 agency determines that a solicitation, proposed award, or

12 award does not comply with the requirements of law or

13 regulation, the head of the agency may take—

14 ‘‘(1) any action set out in subparagraphs (A)

15 through (F) of subsection (b)(1) of section 3554 of

16 title 31; and

17 ‘‘(2) may pay costs described in paragraph (1)

18 of section 3554(c) of title 31 within the limits re19 ferred to in paragraph (2) of such section.’’.

20 SEC. 41017. TWO-PHASE SELECTION PROCEDURES.

21 (a) PROCEDURES AUTHORIZED.—Chapter 137 of

22 title 10, United States Code, is amended by inserting after

23 section 2305 the following new section:
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1 ‘‘§ 2305a. Two-phase selection procedures

2 ‘‘(a) PROCEDURES AUTHORIZED.—The head of an

3 agency may use two-phase selection procedures for enter4 ing into a contract for the acquisition of property or serv5 ices (other than a construction contract) when the head

6 of the agency determines that three or more offers will

7 be received for such contract, substantial design work

8 must be performed before an offeror can develop a price

9 or cost proposal for such contract, and the offerors will

10 incur a substantial amount of expenses in preparing the

11 offers.

12 ‘‘(b) PROCEDURES DESCRIBED.—Two-phase selec13 tion procedures consist of the following:

14 ‘‘(1) The head of the agency solicits proposals

15 that—

16 ‘‘(A) include information on the offerors’—

17 ‘‘(i) technical approach; and

18 ‘‘(ii) technical qualifications; and

19 ‘‘(B) do not include—

20 ‘‘(i) detailed design information; or

21 ‘‘(ii) cost or price information.

22 ‘‘(2) The head of the agency evaluates the pro23 posals on the basis of evaluation criteria set forth in

24 the solicitation, except that the head of the agency

25 does not consider cost-related or price-related eval26 uation factors.
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1 ‘‘(3) The head of the agency selects at least

2 three offerors as the most highly qualified to provide

3 the property or services under the contract and re4 quests the selected offerors to submit competitive

5 proposals that include cost or price information.

6 ‘‘(4) The head of the agency awards the con7 tract in accordance with section 2305(b)(4) of this

8 title.

9 ‘‘(c) SOLICITATION TO STATE NUMBER OF

10 OFFERORS TO BE SELECTED FOR PHASE TWO RE11 QUESTS FOR COMPETITIVE PROPOSALS.—A solicitation

12 issued pursuant to subsection (b)(1) shall state the maxi13 mum number of offerors that are to be selected to submit

14 competitive proposals pursuant to subsection (b)(3).

15 ‘‘(d) RESOURCE COMPARISON CRITERION RE16 QUIRED.—In using two-phase selection procedures for en17 tering into a contract, the head of the agency shall estab18 lish a resource criterion or a financial criterion applicable

19 to the contract in order to provide a consistent basis for

20 comparing the offerors and their proposals.’’.

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

22 at the beginning of such chapter is amended by inserting

23 after the item relating to section 2305 the following:

‘‘2305a. Two-phase selection procedures.’’.
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1 Subpart C—Kinds of Contracts

2 SEC. 41021. SECRETARIAL DETERMINATION REGARDING

3 USE OF COST TYPE OR INCENTIVE CON4 TRACT.

5 Subsection (c) of section 2306 of title 10, United

6 States Code, is repealed.

7 SEC. 41022. TECHNICAL AND CONFORMING AMENDMENTS.

8 (a) REPEAL OF UNNECESSARY CROSS REF9 ERENCE.—Subsection (f) of section 2306 of title 10, Unit10 ed States Code, is repealed.

11 (b) CONFORMING AMENDMENT.—Such section is

12 amended by redesignating subsections (d), (e), (g), and

13 (h) as subsections (c), (d), (e), and (f), respectively.

14 (c) NEUTERIZATION OF REFERENCE.—Subsection

15 (e)(1) of such section, as redesignated by subsection (b),

16 is amended in the matter above clause (i) by striking out

17 ‘‘whenever he finds’’ and inserting in lieu thereof ‘‘when18 ever the head of the agency finds’’.

19 Subpart D—Miscellaneous Provisions for the

20 Encouragement of Competition

21 SEC. 41031. REPEAL OF REQUIREMENT FOR ANNUAL RE22 PORT BY ADVOCATES FOR COMPETITION.

23 Subsection (c) of section 2318 of title 10, United

24 States Code, is repealed.
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1 PART II—CIVILIAN AGENCY ACQUISITIONS

2 Subpart A—Competition Requirements

3 SEC. 41051. REFERENCES TO FEDERAL ACQUISITION REGU4 LATION.

5 Section 303 of the Federal Property and Administra6 tive Services Act of 1949 (41 U.S.C. 253) is amended—

7 (1) in subsection (a)(1)(A), by striking out

8 ‘‘modifications’’ and all that follows through ‘‘of

9 1984’’ and inserting in lieu thereof ‘‘Federal Acqui10 sition Regulation’’; and

11 (2) in subsection (g)(1), by striking out ‘‘regu12 lations modified’’ and all that follows through ‘‘of

13 1984,’’ and inserting in lieu thereof ‘‘Federal Acqui14 sition Regulation’’.

15 SEC. 41052. ESTABLISHMENT OR MAINTENANCE OF ALTER16 NATIVE SOURCES OF SUPPLY.

17 Section 303(b) of the Federal Property and Adminis18 trative Services Act of 1949 (41 U.S.C. 253(b)) is amend19 ed—

20 (1) in paragraph (1)—

21 (A) by striking out ‘‘or’’ at the end of sub22 paragraph (B);

23 (B) by striking out the period at the end

24 of subparagraph (C) and inserting in lieu there25 of a semicolon; and
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1 (C) by adding at the end the following new

2 subparagraphs:

3 ‘‘(D) would ensure the continuous availability of

4 a reliable source of supply of such property or serv5 ice;

6 ‘‘(E) would satisfy projected needs for such

7 property or service determined on the basis of a his8 tory of high demand for the property or service; or

9 ‘‘(F) in the case of medical supplies, safety sup10 plies, or emergency supplies, would satisfy a critical

11 need for such supplies.’’;

12 (2) by redesignating paragraphs (2) and (3) as

13 paragraphs (3) and (4), respectively;

14 (3) by inserting after paragraph (1) the follow15 ing new paragraph (2):

16 ‘‘(2) The determination required of the agency head

17 in paragraph (1) may not be made for a class of purchases

18 or contracts.’’; and

19 (4) in paragraph (4), as redesignated by para20 graph (2), by striking out ‘‘paragraphs (1) and (2)’’

21 and inserting in lieu thereof ‘‘paragraphs (1) and

22 (3)’’.
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1 SEC. 41053. CLARIFICATION OF APPROVAL AUTHORITY FOR

2 USE OF PROCEDURES OTHER THAN FULL

3 AND OPEN COMPETITION.

4 Section 303(f)(1)(B)(i) of the Federal Property and

5 Administrative Services Act of 1949 (41 U.S.C.

6 253(f)(1)(B)(i)) is amended by inserting before the semi7 colon at the end the following: ‘‘or by an official referred

8 to in clause (ii), (iii), or (iv)’’.

9 SEC. 41054. TASK ORDER CONTRACTS FOR ADVISORY AND

10 ASSISTANCE SERVICES.

11 (a) AUTHORITY.—Title III of the Federal Property

12 and Administrative Services Act of 1949 (41 U.S.C. 251

13 et seq.) is amended by inserting after section 303G the

14 following new section:

15 ‘‘TASK ORDER CONTRACTS FOR ADVISORY AND

16 ASSISTANCE SERVICES

17 ‘‘SEC. 303H. (a) AUTHORITY TO AWARD.—(1) Sub18 ject to the requirements of this section, the head of an

19 executive agency may enter into a contract for advisory

20 and assistance services that does not procure or specify

21 a firm quantity of services (other than a minimum or max22 imum quantity) and that provides for the issuance of task

23 orders during the specified period of the contract.

24 ‘‘(2) Except as provided in subsection (h), the agency

25 head may enter into a contract described in paragraph (1)

26 only under the authority of this section.
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1 ‘‘(b) LIMITATION ON CONTRACT PERIOD.—The pe2 riod of a contract referred to in subsection (a), including

3 all periods of extensions of the contract under options,

4 modifications, or otherwise, may not exceed 5 years unless

5 a longer period is specifically authorized in a law that is

6 applicable to such contract.

7 ‘‘(c) CONTRACT PROCEDURES.—(1) An agency head

8 may use procedures other than competitive procedures to

9 enter into a contract referred to in subsection (a) only if

10 an exception in subsection (c) of section 303 applies to

11 the contract and the use of such procedures is approved

12 in accordance with subsection (f) of such section.

13 ‘‘(2) The notice required by section 18 of the Office

14 of Federal Procurement Policy Act (41 U.S.C. 416) and

15 section 8(e) of the Small Business Act (15 U.S.C. 637(e))

16 shall reasonably and fairly describe the general scope,

17 magnitude, and duration of the proposed contract in a

18 manner that would reasonably enable a potential offeror

19 to decide whether to request the solicitation and consider

20 submitting an offer.

21 ‘‘(3) The solicitation shall include the following:

22 ‘‘(A) The period of the contract, including the

23 number of options to extend the contract and the pe24 riod for which the contract may be extended under

25 each option, if any.
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1 ‘‘(B) The maximum quantity or dollar value of

2 the services to be procured under the contract.

3 ‘‘(C) A statement of work, specifications, or

4 other description that reasonably describes the gen5 eral scope, nature, complexity, and purposes of the

6 services to be procured under the contract.

7 ‘‘(4)(A) An agency head may, on the basis of one so8 licitation, award separate contracts under this section for

9 the same or similar services to two or more sources if the

10 solicitation states that the agency head has the option to

11 do so.

12 ‘‘(B) If, in the case of a contract for advisory and

13 assistance services to be entered into under the authority

14 of this section, the contract period is to exceed 3 years

15 and the contract amount is estimated to exceed

16 $10,000,000 (including all options), the solicitation

17 shall—

18 ‘‘(i) provide for a multiple award authorized

19 under subparagraph (A); and

20 ‘‘(ii) include a statement that the agency head

21 may also elect to award only one contract if the

22 agency head determines in writing that only one of

23 the offerers is capable of providing the services re24 quired at the level of quality required.
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1 ‘‘(C) Subparagraph (B) does not apply in the case

2 of a solicitation for which the agency head determines in

3 writing that, because the services required under the con4 tract are unique or highly specialized, it is not practicable

5 to award more than one contract.

6 ‘‘(5) A contract referred to in subsection (a) shall

7 contain the same information that is required by para8 graph (3) to be included in the solicitation of offers for

9 that contract.

10 ‘‘(d) ORDER PROCEDURES.—(1) The following ac11 tions are not required for a task order issued under a con12 tract entered into in accordance with this section:

13 ‘‘(A) A separate notice for such order under

14 section 18 of the Office of Federal Procurement Pol15 icy Act (41 U.S.C. 416) or section 8(e) of the Small

16 Business Act (15 U.S.C. 637(e)).

17 ‘‘(B) Except as provided in paragraph (2), a

18 competition (or a waiver of competition approved in

19 accordance with section 303(f)) that is separate

20 from that used for entering into the contract.

21 ‘‘(2)(A) When multiple contracts are awarded pursu22 ant to subsection (c)(4), all contractors awarded such con23 tracts shall be provided a fair opportunity to be consid24 ered, pursuant to procedures set forth in the contracts,
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1 for each task order in excess of $2,500 that is to be issued

2 under any of the contracts unless—

3 ‘‘(i) the agency’s need for the services ordered

4 is of such unusual urgency that competition would

5 result in unacceptable delays in fulfilling the agen6 cy’s needs;

7 ‘‘(ii) only one such contractor is capable of pro8 viding the services required at the level of quality re9 quired because the services ordered are unique or

10 highly specialized;

11 ‘‘(iii) the task order should be issued on a sole12 source basis in the interest of economy and effi13 ciency because it is a logical follow-on to a task

14 order already issued on a competitive basis; or

15 ‘‘(iv) the order must be placed with a particular

16 contractor in order to satisfy a minimum guarantee.

17 ‘‘(B) When a task order is issued in accordance with

18 subparagraph (A), the order shall include a statement of

19 work that clearly specifies all tasks to be performed under

20 the order.

21 ‘‘(3) A protest is not authorized in connection with

22 the issuance or proposed issuance of a task order except

23 for a protest on the ground that the order increases the

24 scope, period, or maximum value of the contract under

25 which the order is issued.
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1 ‘‘(e) INCREASES IN SCOPE, PERIOD, OR MAXIMUM

2 VALUE OF CONTRACT.—(1) A task order may not increase

3 the scope, period, or maximum value of the contract under

4 which the order is issued. The scope, period, or maximum

5 value of the contract may be increased only by modifica6 tion of the contract.

7 ‘‘(2) Unless use of procedures other than competitive

8 procedures is authorized by an exception in subsection (c)

9 of section 303 and approved in accordance with subsection

10 (f) of such section, competitive procedures shall be used

11 for making such a modification.

12 ‘‘(3) Notice regarding the modification shall be pro13 vided in accordance with section 18 of the Office of Fed14 eral Procurement Policy Act (41 U.S.C. 416) and section

15 8(e) of the Small Business Act (15 U.S.C. 637(e)).

16 ‘‘(4)(A) Notwithstanding the limitation on the con17 tract period set forth in subsection (b) or in a solicitation

18 or contract pursuant to subsection (c), a contract entered

19 into by the head of an agency under this section may be

20 extended on a sole-source basis for a period not exceeding

21 6 months if the agency head determines that—

22 ‘‘(i) the award of a follow-on contract has been

23 delayed by circumstances that were not reasonably

24 foreseeable at the time the initial contract was en25 tered into; and
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1 ‘‘(ii) the extension is necessary in order to en2 sure continuity of the receipt of services pending the

3 award of, and commencement of performance under,

4 the follow-on contract.

5 ‘‘(B) A contract may be extended under the authority

6 of subparagraph (A) only once and only in accordance

7 with the limitations and requirements of this subsection.

8 ‘‘(f) TASK ORDER OMBUDSMAN.—Each agency head

9 who awards multiple contracts pursuant to subsection

10 (c)(4) shall appoint or designate a task order ombudsman

11 who shall be responsible for reviewing complaints from the

12 contractors on such contracts and ensuring that all of the

13 contractors are afforded a fair opportunity to be consid14 ered for task orders when required under subsection

15 (d)(2). The task order ombudsman shall be a senior agen16 cy official who is independent of the contracting officer

17 for the contracts and may be the agency’s competition ad18 vocate.

19 ‘‘(g) INAPPLICABILITY TO CERTAIN CONTRACTS.—

20 This section does not apply to a contract for the acquisi21 tion of property or services that includes acquisition of ad22 visory and assistance services if the agency head entering

23 into such contract determines that, under the contract, ad24 visory and assistance services are necessarily incident to,

25 and not a significant component of, the contract.
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1 ‘‘(h) RELATIONSHIP TO OTHER CONTRACTING AU2 THORITY.—Nothing in this section may be construed to

3 limit the authority of the head of an agency to enter into

4 single or multiple task order contracts, or single or mul5 tiple delivery order contracts, for goods or services (other

6 than advisory and assistance services) under other provi7 sions of this title or under any other provision of law.

8 ‘‘(i) ADVISORY AND ASSISTANCE SERVICES DE9 FINED.—In this section, the term ‘advisory and assistance

10 services’ has the meaning given such term in section

11 1105(g) of title 31, United States Code.’’.

12 (b) CLERICAL AMENDMENT.—The table of contents

13 in the first section is amended by inserting after the item

14 relating to section 303G the following new item:

‘‘Sec. 303H. Task order contracts for advisory and assistance services.’’.

15 SEC. 41055. ACQUISITION OF EXPERT SERVICES.

16 (a) EXCEPTION TO REQUIREMENT FOR USE OF COM17 PETITIVE PROCEDURES.—Section 303(c)(3) of the Fed18 eral Property and Administrative Services Act of 1949 (41

19 U.S.C. 253(c)) is amended—

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

21 lieu thereof ‘‘(B)’’; and

22 (2) by inserting before the semicolon at the end

23 the following: ‘‘, or (C) to procure the services of an

24 expert for use, in any litigation or dispute (including

25 any reasonably foreseeable litigation or dispute) in-
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1 volving the Federal Government, in any trial, hear2 ing, or proceeding before any court, administrative

3 tribunal, or agency, or in any part of an alternative

4 dispute resolution process, whether or not the expert

5 is expected to testify’’.

6 (b) PROCUREMENT NOTICE.—

7 (1) AMENDMENT OF OFFICE OF FEDERAL PRO8 CUREMENT POLICY ACT.—Section 18(c) of the Office

9 of Federal Procurement Policy Act (41 U.S.C.

10 416(c)) is amended—

11 (A) by striking out ‘‘or’’ at the end of sub12 paragraph (D);

13 (B) by striking out the period at the end

14 of subparagraph (E) and inserting in lieu there15 of ‘‘; or’’; and

16 (C) by adding at the end the following:

17 ‘‘(F) the procurement is for the services of an

18 expert for use in any litigation or dispute (including

19 any reasonably foreseeable litigation or dispute) in20 volving the Federal Government in any trial, hear21 ing, or proceeding before any court, administrative

22 tribunal, or agency, or in any part of an alternative

23 dispute resolution process, whether or not the expert

24 is expected to testify.’’.
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1 (2) AMENDMENT OF SMALL BUSINESS ACT.—

2 Section 8(g) of the Small Business Act (15 U.S.C.

3 637(c)) is amended—

4 (A) by striking out ‘‘or’’ at the end of sub5 paragraph (D);

6 (B) by striking out the period at the end

7 of subparagraph (E) and inserting in lieu there8 of ‘‘; or’’; and

9 (C) by adding at the end the following:

10 ‘‘(F) the procurement is for the services of an

11 expert for use in any litigation or dispute (including

12 preparation for any foreseeable litigation or dispute)

13 that involves or could involve the Federal Govern14 ment in any trial, hearing, or proceeding before any

15 court, administrative tribunal, or agency, or in any

16 part of an alternative dispute resolution process,

17 whether or not the expert is expected to testify.’’.

18 (c) REPEAL OF AMENDMENTS TO UNCODIFIED

19 TITLE.—The following provisions of law are repealed:

20 (1) Section 532 of Public Law 101–509 (104

21 Stat. 1470) and the provision of law set out in

22 quotes in that section.

23 (2) Section 529 of Public Law 102–393 (106

24 Stat. 1761) and the matters inserted and added by

25 that section.
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1 SEC. 41056. CONTINUED OCCUPANCY OF LEASED SPACE.

2 Section 303(d) of the Federal Property and Adminis3 trative Services Act of 1949 (41 U.S.C. 253(d)) is amend4 ed—

5 (1) by redesignating paragraph (2) as para6 graph (3); and

7 (2) by inserting after paragraph (1) the follow8 ing new paragraph (2):

9 ‘‘(2)(A) For the purposes of applying subsection

10 (c)(1) in the case of a follow-on lease to be entered into

11 for the purpose of providing for continued occupancy of

12 particular space in leased real property by a Federal agen13 cy, space may be treated as being available only from the

14 lessor of such space and may be acquired through the use

15 of procedures other than competitive procedures (without

16 the justification otherwise required by subsection (f)) if

17 a written determination is made by the contracting officer

18 that—

19 ‘‘(i) the occupying agency has a continuing need

20 for the space;

21 ‘‘(ii) the space meets the needs of the agency;

22 and

23 ‘‘(iii) the lessor is willing to continue to provide

24 the space at a fair market price determined by the

25 contracting officer on the basis of a market survey
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1 or an appraisal conducted in accordance with gen2 erally accepted real property appraisal standards.

3 ‘‘(B) The authority under subparagraph (A) to use

4 procedures other than competitive procedures to enter into

5 a follow-on lease may be exercised not more than once to

6 provide for continued occupancy of particular space in real

7 property by a particular Federal agency. The period of

8 such follow-on lease may not exceed 5 years.

9 ‘‘(C) Nothing in this paragraph may be construed to

10 prohibit the use of procedures other than competitive pro11 cedures to enter into a follow-on lease of real property for

12 continued occupancy of particular space in real property

13 by a Federal agency when an exception set forth in sub14 section (c) applies and the use of such procedures is justi15 fied and approved in accordance with subsection (f).’’.

16 Subpart B—Planning, Solicitation, Evaluation, and

17 Award

18 SEC. 41061. SOLICITATION, EVALUATION, AND AWARD.

19 (a) CONTENT OF SOLICITATION.—Section 303A of

20 the Federal Property and Administrative Services Act of

21 1949 (41 U.S.C. 253a) is amended—

22 (1) in subsection (b)(1)(A)—

23 (A) by inserting ‘‘and significant

24 subfactors’’ after ‘‘all significant factors’’; and
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1 (B) by striking out ‘‘(including price)’’ and

2 inserting ‘‘(including cost or price, cost-related

3 or price-related factors and subfactors, and

4 noncost-related or nonprice-related factors and

5 subfactors)’’;

6 (2) in subsection (b)(1)(B), by inserting ‘‘and

7 subfactors’’ after ‘‘factors’’;

8 (3) in subsection (b)(2)(B), by striking out

9 clause (i) and inserting in lieu thereof the following:

10 ‘‘(i) either a statement that the pro11 posals are intended to be evaluated with,

12 and award made after, discussions with the

13 offerors, or a statement that the proposals

14 are intended to be evaluated, and award

15 made, without discussions with the offerors

16 (other than discussions conducted for the

17 purpose of minor clarification) unless dis18 cussions are determined to be necessary;

19 and’’; and

20 (4) by adding at the end the following new sub21 section:

22 ‘‘(c)(1) In prescribing the evaluation factors to be in23 cluded in each solicitation for competitive proposals, an

24 agency head—
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1 ‘‘(A) shall clearly establish the relative impor2 tance assigned to the evaluation factors and

3 subfactors, including the quality of the product or

4 services to be provided (including technical capabil5 ity, management capability, prior experience, and

6 past performance of the offeror);

7 ‘‘(B) shall include cost or price to the Govern8 ment as an evaluation factor that must be consid9 ered in the evaluation of proposals; and

10 ‘‘(C) shall disclose to offerors whether all eval11 uation factors other than cost or price, when com12 bined, are—

13 ‘‘(i) significantly more important than cost

14 or price;

15 ‘‘(ii) approximately equal in importance to

16 cost or price; or

17 ‘‘(iii) significantly less important than cost

18 or price.

19 ‘‘(2) Nothing in this subsection prohibits an agency

20 from—

21 ‘‘(A) providing additional information in a solic22 itation, including numeric weights for all evaluation

23 factors; or

24 ‘‘(B) stating in a solicitation that award will be

25 made to the offeror that meets the solicitation’s
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1 mandatory requirements at the lowest price or

2 cost.’’.

3 (b) EVALUATION AND AWARD.—Section 303B of the

4 Federal Property and Administrative Services Act of 1949

5 (41 U.S.C. 253b) is amended—

6 (1) in subsection (a), by inserting ‘‘, and award

7 a contract,’’ after ‘‘competitive proposals’’;

8 (2) in subsection (c), by inserting ‘‘in accord9 ance with subsection (a)’’ in the second sentence

10 after ‘‘shall evaluate the bids’’; and

11 (3) in subsection (d)—

12 (A) by striking out paragraph (1) and in13 serting in lieu thereof the following:

14 ‘‘(1) An agency head shall evaluate competitive pro15 posals in accordance with subsection (a) and may award

16 a contract—

17 ‘‘(A) after discussions with the offerors, pro18 vided that written or oral discussions have been con19 ducted with all responsible offerors who submit pro20 posals within the competitive range; or

21 ‘‘(B) based on the proposals received and with22 out discussions with the offerors (other than discus23 sions conducted for the purpose of minor clarifica24 tion), provided that, as required by section

25 303A(b)(2)(B)(i), the solicitation included a state-
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1 ment that proposals are intended to be evaluated,

2 and award made, without discussions, unless discus3 sions are determined to be necessary.’’;

4 (B) by striking out paragraphs (2) and (3)

5 and by redesignating paragraph (4) as para6 graph (2); and

7 (C) in paragraph (2), as redesignated by

8 subparagraph (B), by inserting ‘‘cost or’’ before

9 ‘‘price’’ in the first sentence.

10 (c) APPLICABILITY.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the amendments made by this section

13 shall apply to—

14 (A) solicitations for sealed bids or competi15 tive proposals issued after the end of the 180-

16 day period beginning on the date of the enact17 ment of this division; and

18 (B) contracts awarded pursuant to those

19 solicitations.

20 (2) AUTHORITY TO APPLY AMENDMENTS

21 EARLY.—The head of an executive agency may apply

22 the amendments made by this section to solicitations

23 issued before the end of the period referred to in

24 paragraph (1). The head of the executive agency

25 shall publish in the Federal Register notice of any
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1 such earlier date of application at least 10 days be2 fore that date.

3 SEC. 41062. SOLICITATION PROVISION REGARDING EVAL4 UATION OF PURCHASE OPTIONS.

5 Section 303A of the Federal Property and Adminis6 trative Services Act of 1949 (41 U.S.C. 253a), as amend7 ed by section 41061(a)(4), is further amended by adding

8 at the end the following new subsection:

9 ‘‘(d) An agency head, in issuing a solicitation for a

10 contract to be awarded using sealed bid procedures, may

11 not include in such solicitation a clause providing for the

12 evaluation of prices for options to purchase additional

13 property or services under the contract unless the agency

14 head has determined that there is a reasonable likelihood

15 that the options will be exercised.’’.

16 SEC. 41063. PROMPT NOTICE OF AWARD.

17 (a) SEALED BID PROCEDURES.—Subsection (c) of

18 section 303B of the Federal Property and Administrative

19 Services Act of 1949 (41 U.S.C. 253b) is amended by add20 ing at the end the following: ‘‘As soon as practicable after

21 the date of contract award, the agency head shall, in ac22 cordance with procedures prescribed in the Federal Acqui23 sition Regulation, notify all offerors not awarded the con24 tract that the contract has been awarded.’’.
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1 (b) COMPETITIVE PROPOSALS PROCEDURES.—Para2 graph (2) of section 303B(d) of the Federal Property and

3 Administrative Services Act of 1949 (41 U.S.C. 253b(d)),

4 as redesignated by section 41061(b)(3)(B), is amended in

5 the second sentence by striking out ‘‘source and shall

6 promptly notify’’ and inserting in lieu thereof ‘‘source. As

7 soon as practicable after the date of contract award, the

8 agency head shall, in accordance with procedures pre9 scribed in the Federal Acquisition Regulation, notify’’.

10 SEC. 41064. POST-AWARD DEBRIEFINGS.

11 Section 303B of the Federal Property and Adminis12 trative Services Act of 1949 (41 U.S.C. 253b) is amend13 ed—

14 (1) by redesignating subsections (e) and (f) as

15 subsections (f) and (g), respectively; and

16 (2) by inserting after subsection (d) the follow17 ing new subsection (e):

18 ‘‘(e)(1) When a contract is awarded by the head of

19 an executive agency on the basis of competitive proposals,

20 an unsuccessful offeror, upon written request received by

21 the agency within 3 days after the date on which the un22 successful offeror receives the notification of the contract

23 award, shall be debriefed and furnished the basis for the

24 selection decision and contract award. An employee of the
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1 executive agency shall debrief the offeror promptly after

2 receipt of the request by the agency.

3 ‘‘(2) The debriefing shall include, at a minimum—

4 ‘‘(A) the executive agency’s evaluation of the

5 significant weak or deficient factors in the offeror’s

6 offer;

7 ‘‘(B) the overall evaluated cost and technical

8 rating of the offer of the contractor awarded the

9 contract and the overall evaluated cost and technical

10 rating of the offer of the debriefed offeror;

11 ‘‘(C) the overall ranking of all offers;

12 ‘‘(D) a summary of the rationale for the award;

13 ‘‘(E) in the case of a proposal for a commercial

14 item other than a commercial component, the make

15 and model of the item being provided in accordance

16 with the offer of the contractor awarded the con17 tract; and

18 ‘‘(F) reasonable responses to questions posed by

19 the debriefed offeror as to whether source selection

20 procedures set forth in the solicitation, applicable

21 regulations, and other applicable authorities were

22 followed by the executive agency.

23 ‘‘(3) The debriefing may not include point-by-point

24 comparisons of the debriefed offeror’s offer with other of25 fers and may not disclose any information that is exempt
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1 from disclosure under section 552 of title 5, United States

2 Code, including information relating to—

3 ‘‘(A) trade secrets;

4 ‘‘(B) privileged or confidential manufacturing

5 processes and techniques; and

6 ‘‘(C) commercial and financial information that

7 is privileged or confidential, including cost break8 downs, profit, indirect cost rates, and similar infor9 mation.

10 ‘‘(4) Each solicitation for competitive proposals shall

11 include a statement that information described in para12 graph (2) may be disclosed in post-award debriefings.

13 ‘‘(5) If, within one year after the date of the contract

14 award and as a result of a successful procurement protest

15 or otherwise, the executive agency seeks to fulfill the re16 quirement under the contract either on the basis of a new

17 solicitation of offers or on the basis of new best and final

18 offers requested for that contract, the agency head shall

19 make available to all offerors—

20 ‘‘(A) the information provided in debriefings

21 under this subsection regarding the offer of the con22 tractor awarded the contract; and

23 ‘‘(B) the same information that would have

24 been provided to the original offerors.
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1 ‘‘(6) The contracting officer shall include a summary

2 of the debriefing in the contract file.’’.

3 SEC. 41065. PROTEST FILE.

4 Section 303B of the Federal Property and Adminis5 trative Services Act of 1949 (41 U.S.C. 253b), as amend6 ed by section 41064(1), is further amended by adding at

7 the end the following:

8 ‘‘(h)(1) If, in the case of a solicitation for a contract

9 issued by, or an award or proposed award of a contract

10 by, an agency head, a protest is filed pursuant to the pro11 cedures in subchapter V of chapter 35 of title 31, United

12 States Code, and an actual or prospective offeror so re13 quests, a file of the protest shall be established by the pro14 curing activity and reasonable access shall be provided to

15 actual or prospective offerors.

16 ‘‘(2) Information exempt from disclosure under sec17 tion 552 of title 5, United States Code, may be redacted

18 in a file established pursuant to paragraph (1) unless an

19 applicable protective order provides otherwise.

20 ‘‘(3) Regulations implementing this subsection shall

21 be consistent with the regulations regarding the prepara22 tion and submission of an agency’s protest file (the so23 called ‘rule 4 file’) for protests to the General Services

24 Board of Contract Appeals under section 111 of the Fed-
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1 eral Property and Administrative Services Act of 1949 (41

2 U.S.C. 759).’’.

3 SEC. 41066. AWARD OF COSTS AND FEES IN AGENCY SET4 TLEMENT OF PROTESTS.

5 Section 303B of the Federal Property and Adminis6 trative Services Act of 1949 (41 U.S.C. 253b), as amend7 ed by section 41065, is further amended by adding at the

8 end the following new subsection:

9 ‘‘(i) If, in connection with a protest, an agency head

10 determines that a solicitation, proposed award, or award

11 does not comply with the requirements of law or regula12 tion, the agency head may take—

13 ‘‘(1) any action set out in subparagraphs (A)

14 through (F) of subsection (b)(1) of section 3554 of

15 title 31, United States Code; and

16 ‘‘(2) may pay costs described in paragraph (1)

17 of section 3554(c) of such title within the limits re18 ferred to in paragraph (2) of such section.’’.

19 SEC. 41067. TWO-PHASE SELECTION PROCEDURES.

20 (a) PROCEDURES AUTHORIZED.—Title III of the

21 Federal Property and Administrative Services Act of 1949

22 (41 U.S.C. 251 et seq.), as amended by section 41054,

23 is further amended by inserting after section 303H the

24 following new section:
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1 ‘‘TWO-PHASE SELECTION PROCEDURES

2 ‘‘SEC. 303I. (a) PROCEDURES AUTHORIZED.—The

3 head of an executive agency may use two-phase selection

4 procedures for entering into a contract for the acquisition

5 of property or services (other than a construction con6 tract) when the agency head determines that three or

7 more offers will be received for such contract, substantial

8 design work must be performed before an offeror can de9 velop a price or cost proposal for such contract, and the

10 offerors will incur a substantial amount of expenses in pre11 paring the offers.

12 ‘‘(b) PROCEDURES DESCRIBED.—Two-phase selec13 tion procedures consist of the following:

14 ‘‘(1) The agency head solicits proposals that—

15 ‘‘(A) include information on the offerors’—

16 ‘‘(i) technical approach; and

17 ‘‘(ii) technical qualifications; and

18 ‘‘(B) do not include—

19 ‘‘(i) detailed design information; or

20 ‘‘(ii) cost or price information.

21 ‘‘(2) The agency head evaluates the proposals

22 on the basis of evaluation criteria set forth in the so23 licitation, except that the agency head does not con24 sider cost-related or price-related evaluation factors.
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1 ‘‘(3) The agency head selects at least three

2 offerors as the most highly qualified to provide the

3 property or services under the contract and requests

4 the selected offerors to submit competitive proposals

5 that include cost or price information.

6 ‘‘(4) The agency head awards the contract in

7 accordance with section 303B(d).

8 ‘‘(c) SOLICITATION TO STATE NUMBER OF

9 OFFERORS TO BE SELECTED FOR PHASE TWO RE10 QUESTS FOR COMPETITIVE PROPOSALS.—A solicitation

11 issued pursuant to subsection (b)(1) shall state the maxi12 mum number of offerors that are to be selected to submit

13 competitive proposals pursuant to subsection (b)(3).

14 ‘‘(d) RESOURCE COMPARISON CRITERION RE15 QUIRED.—In using two-phase selection procedures for en16 tering into a contract, the agency head shall establish a

17 resource criterion or a financial criterion applicable to the

18 contract in order to provide a consistent basis for compar19 ing the offerors and their proposals.’’.

20 (b) CLERICAL AMENDMENT.—The table of contents

21 in the first section of such Act, as amended by section

22 41054, is further amended by inserting after the item re23 lating to section 303H the following new item:

‘‘Sec. 303I. Two-phase selection procedures.’’.
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1 Subpart C—Kinds of Contracts

2 SEC. 41071. AGENCY HEAD DETERMINATION REGARDING

3 USE OF COST TYPE OR INCENTIVE CON4 TRACT.

5 Section 304(b) of the Federal Property and Adminis6 trative Services Act of 1949 (41 U.S.C. 254(b)) is amend7 ed by striking out the second sentence.

8 SEC. 41072. MULTIYEAR CONTRACTING AUTHORITY.

9 (a) AUTHORITY.—Title III of the Federal Property

10 and Administrative Services Act of 1949 (41 U.S.C. 251

11 et seq.), as amended by section 41067, is further amended

12 by inserting after section 303I the following new section:

13 ‘‘MULTIYEAR CONTRACTS

14 ‘‘SEC. 303J. (a) AUTHORITY.—The head of an execu15 tive agency may enter into a multiyear contract for the

16 acquisition of property or services if—

17 ‘‘(1) funds are available and obligated for such

18 contract, for the full period of the contract or for the

19 first fiscal year in which the contract is in effect,

20 and for the estimated costs associated with any nec21 essary termination of such contract; and

22 ‘‘(2) the agency head determines that—

23 ‘‘(A) the need for the property or services

24 is reasonably firm and continuing over the pe25 riod of the contract; and
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1 ‘‘(B) a multiyear contract will serve the

2 best interests of the United States by encourag3 ing effective competition or promoting economy

4 in administration, performance, and operation

5 of the agency’s programs.

6 ‘‘(b) TERMINATION CLAUSE.—A multiyear contract

7 entered into under the authority of this section shall in8 clude a clause that provides that the contract shall be ter9 minated if funds are not made available for the continu10 ation of such contract in any fiscal year covered by the

11 contract. Amounts available for paying termination costs

12 shall remain available for such purpose until the costs as13 sociated with termination of the contract are paid.

14 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion is intended to modify or affect any other provision

16 of law that authorizes multiyear contracts.’’.

17 (b) CLERICAL AMENDMENT.—The table of contents

18 in the first section of such Act, as amended by section

19 41067, is further amended by inserting after the item re20 lating to section 303I the following new item:

‘‘Sec. 303J. Multiyear contracts.’’.

21 SEC. 41073. SEVERABLE SERVICES CONTRACTS CROSSING

22 FISCAL YEARS.

23 (a) AUTHORITY.—Title III of the Federal Property

24 and Administrative Services Act of 1949 (41 U.S.C. 251
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1 et seq.), as amended by section 41072, is further amended

2 by inserting after section 303J the following new section:

3 ‘‘SEVERABLE SERVICES CONTRACTS FOR PERIODS

4 CROSSING FISCAL YEARS

5 ‘‘SEC. 303K. (a) AUTHORITY.—The head of an exec6 utive agency may enter into a contract for procurement

7 of severable services for a period that begins in one fiscal

8 year and ends in the next fiscal year if (without regard

9 to any option to extend the period of the contract) the

10 contract period does not exceed one year.

11 ‘‘(b) OBLIGATION OF FUNDS.—Funds made available

12 for a fiscal year may be obligated for the total amount

13 of a contract entered into under the authority of sub14 section (a).’’.

15 (b) CLERICAL AMENDMENT.—The table of contents

16 in the first section of such Act, as amended by section

17 41072, is further amended by inserting after the item re18 lating to section 303J the following new item:

‘‘Sec. 303K. Severable services contracts for periods crossing fiscal years.’’.

19 SEC. 41074. ECONOMY ACT PURCHASES.

20 (a) REGULATIONS REQUIRED.—Not later than six

21 months after the date of the enactment of this division,

22 the Federal Acquisition Regulation shall be revised to in23 clude regulations governing the exercise of the authority

24 under section 1535 of title 31, United States Code, for
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1 Federal agencies to purchase goods and services under

2 contracts entered into or administered by other agencies.

3 (b) CONTENT OF REGULATIONS.—The regulations

4 prescribed pursuant to subsection (a) shall—

5 (1) require that each purchase described in sub6 section (a) be approved in advance by a contracting

7 officer of the ordering agency with authority to con8 tract for the goods or services to be purchased or by

9 another official in a position specifically designated

10 by regulation to approve such purchase;

11 (2) provide that such a purchase of goods or

12 services may be made only if—

13 (A) the purchase is appropriately made

14 under a contract that the agency filling the pur15 chase order entered into, before the purchase

16 order, in order to meet the requirements of

17 such agency for the same or similar goods or

18 services;

19 (B) the agency filling the purchase order is

20 better qualified to enter into or administer the

21 contract for such goods or services by reason of

22 capabilities or expertise that is not available

23 within the ordering agency; or

24 (C) the agency or unit filling the order is

25 specifically authorized by law or regulations to
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1 purchase such goods or services on behalf of

2 other agencies;

3 (3) prohibit any such purchase under a contract

4 or other agreement entered into or administered by

5 an agency not covered by the provisions of chapter

6 137 of title 10, United States Code, or title III of

7 the Federal Property and Administrative Services

8 Act of 1949 (41 U.S.C. 251 et seq.) and not covered

9 by the Federal Acquisition Regulation unless the

10 purchase is approved in advance by the senior pro11 curement official responsible for purchasing by the

12 ordering agency; and

13 (4) prohibit any payment to the agency filling

14 a purchase order of any fee that exceeds the actual

15 cost or, if the actual cost is not known, the esti16 mated cost of entering into and administering the

17 contract or other agreement under which the order

18 is filled.

19 (c) MONITORING SYSTEM REQUIRED.—The Adminis20 trator for Federal Procurement Policy shall ensure that,

21 not later than one year after the date of the enactment

22 of this division, systems for collecting and evaluating pro23 curement data are capable of collecting and evaluating ap24 propriate data on procurements conducted under the regu25 lations prescribed pursuant to subsection (a).
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1 (d) TERMINATION.—This section shall cease to be ef2 fective one year after the date on which final regulations

3 prescribed pursuant to subsection (a) take effect.

4 PART III—ACQUISITIONS GENERALLY

5 SEC. 41091. POLICY REGARDING CONSIDERATION OF CON6 TRACTOR PAST PERFORMANCE.

7 (a) POLICY.—Section 2 of the Office of Federal Pro8 curement Policy Act (41 U.S.C. 401) is amended—

9 (1) by striking out ‘‘and’’ at the end of para10 graph (12);

11 (2) by striking out the period at the end of

12 paragraph (13) and inserting in lieu thereof ‘‘; and’’;

13 and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(14) establishing policies and procedures that

17 encourage the consideration of contractors’ past per18 formance in the selection of contractors.’’.

19 (b) GUIDANCE REQUIRED.—Section 6 of the Office

20 of Federal Procurement Policy Act (41 U.S.C. 405) is

21 amended by adding at the end the following:

22 ‘‘(j)(1) Congress makes the following findings:

23 ‘‘(A) Past contract performance of an offeror is

24 one of the relevant factors that contracting officials
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1 of executive agencies should consider in entering into

2 contracts.

3 ‘‘(B) It is appropriate for a contracting official

4 to consider past contract performance of an offeror

5 as an indicator of the likelihood that the offeror will

6 successfully perform a contract to be entered into by

7 that official.

8 ‘‘(2) The Administrator shall prescribe for executive

9 agencies guidance regarding consideration of the past con10 tract performance of offerors in awarding contracts. The

11 guidance shall include—

12 ‘‘(A) standards for evaluating past performance

13 with respect to cost (when appropriate), schedule,

14 compliance with technical or functional specifica15 tions, and other relevant performance factors that

16 facilitate consistent and fair evaluation by all execu17 tive agencies;

18 ‘‘(B) policies for the collection and maintenance

19 of information on past contract performance that, to

20 the maximum extent practicable, facilitate auto21 mated collection, maintenance, and dissemination of

22 information and provide for ease of collection, main23 tenance, and dissemination of information by other

24 methods, as necessary; and

25 ‘‘(C) policies for ensuring that—
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1 ‘‘(i) offerors are afforded an opportunity to

2 submit relevant information on past contract

3 performance, including performance under con4 tracts entered into by the executive agency con5 cerned, contracts entered into by other depart6 ments and agencies of the Federal Government,

7 contracts entered into by agencies of State and

8 local governments, and contracts entered into

9 by commercial customers; and

10 ‘‘(ii) such information submitted by

11 offerors is considered.

12 ‘‘(3) The Administrator shall prescribe for all execu13 tive agencies guidance regarding the period for which in14 formation on past performance of offerors should be main15 tained and considered.

16 ‘‘(4) In the case of an offeror regarding whom there

17 is no information on past contract performance or regard18 ing whom information on past contract performance is not

19 available, the offeror may not be evaluated favorably or

20 unfavorably on the factor of past contract performance.’’.

21 SEC. 41092. REPEAL OF REQUIREMENT FOR ANNUAL RE22 PORT ON COMPETITION.

23 Section 23 of the Office of Federal Procurement Pol24 icy Act (41 U.S.C. 419) is repealed.
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1 Subtitle B—Truth in Negotiations

2 PART I—ARMED SERVICES ACQUISITIONS

3 SEC. 41101. STABILIZATION OF DOLLAR THRESHOLD OF AP4 PLICABILITY.

5 (a) REPEAL OF REVERSION TO LOWER THRESH6 OLD.—Paragraph (1)(A) of section 2306a(a) of title 10,

7 United States Code, is amended—

8 (1) in clause (i), by striking out ‘‘and before

9 January 1, 1996,’’; and

10 (2) in clause (ii), by striking out ‘‘or after De11 cember 31, 1995,’’.

12 (b) ADJUSTMENTS FOR CHANGES IN DOLLAR VAL13 UES.—Section 2306a(a) of such title is amended by add14 ing at the end the following new subparagraph:

15 ‘‘(7) Effective on October 1 of each year that is divis16 ible by 5, each amount set forth in paragraph (1) shall

17 be adjusted to the amount that is equal to the fiscal year

18 1994 constant dollar value of the amount set forth. Any

19 amount, as so adjusted, that is not evenly divisible by

20 $50,000 shall be rounded to the nearest multiple of

21 $50,000. In the case of an amount that is evenly divisible

22 by $25,000 but not evenly divisible by $50,000, the

23 amount shall be rounded to the next higher multiple of

24 $50,000.’’.
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1 SEC. 41102. EXCEPTIONS TO COST OR PRICING DATA RE2 QUIREMENTS.

3 (a) EXCEPTIONS STATED.—Subsection (b) of section

4 2306a of title 10, United States Code, is amended to read

5 as follows:

6 ‘‘(b) EXCEPTIONS.—(1) Submission of cost and pric7 ing data shall not be required under subsection (a)—

8 ‘‘(A) in the case of a contract, a subcontract,

9 or a contract or subcontract modification, for which

10 the price agreed upon is based on—

11 ‘‘(i) adequate price competition;

12 ‘‘(ii) established catalog or market prices

13 of commercial items or of services customarily

14 used for other than Government purposes, as

15 the case may be, that are sold in substantial

16 quantities to the general public; or

17 ‘‘(iii) prices set by law or regulation; or

18 ‘‘(B) in an exceptional case when the head of

19 the agency concerned determines that the require20 ments of this section may be waived and states in

21 writing the reasons for such determination.

22 ‘‘(2) Submission of cost and pricing data shall not

23 be required under subsection (a) in the case of a modifica24 tion of a contract or subcontract for a commercial item

25 if—
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1 ‘‘(A) the contract or subcontract being modified

2 is a contract or subcontract for which submission of

3 cost and pricing data may not be required by reason

4 of paragraph (1)(A);

5 ‘‘(B) the modification is not a case in which

6 paragraph (1)(A) prohibits the head of an agency

7 from requiring submission of cost and pricing data;

8 and

9 ‘‘(C) the modification would not change the

10 contract or subcontract, as the case may be, from a

11 contract or subcontract for the acquisition of a com12 mercial item to a contract or subcontract for the ac13 quisition of a noncommercial item.’’.

14 (b) CONFORMING AMENDMENT TO REFERENCE.—

15 Subsection (a)(5) of such section is amended by striking

16 out ‘‘subsection (b)(2)’’ and inserting in lieu thereof ‘‘sub17 section (b)(1)(B)’’.

18 SEC. 41103. LIMITATION ON AUTHORITY TO REQUIRE A

19 SUBMISSION NOT OTHERWISE REQUIRED.

20 Subsection (c) of section 2306a of title 10, United

21 States Code, is amended to read as follows:

22 ‘‘(c) LIMITATION ON AUTHORITY TO REQUIRE COST

23 OR PRICING DATA.—When cost or pricing data are not

24 required to be submitted under this section by reason of

25 a $500,000 threshold set forth in subsection (a) (as ad-
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1 justed pursuant to paragraph (7) of such subsection) or

2 by reason of an exception set forth in paragraph (1)(A)

3 or (2) of subsection (b), submission of such data may not

4 be required unless the head of an agency concerned deter5 mines that such data are necessary for the evaluation by

6 the agency of the reasonableness of the price of the con7 tract or subcontract to which the data relate. In any case

8 in which the head of an agency requires such data to be

9 submitted in accordance with the preceding sentence, the

10 agency head shall document in writing the reasons for

11 such requirement.’’.

12 SEC. 41104. ADDITIONAL SPECIAL RULES FOR COMMER13 CIAL ITEMS.

14 Section 2306a of title 10, United States Code, is

15 amended—

16 (1) by redesignating subsections (d), (e), (f),

17 and (g) as subsections (e), (f), (g), and (i), respec18 tively; and

19 (2) by inserting after subsection (c) the follow20 ing new subsection (d):

21 ‘‘(d) ADDITIONAL EXCEPTION PROVISIONS REGARD22 ING COMMERCIAL ITEMS.—(1) To the maximum extent

23 practicable, the head of an agency shall conduct procure24 ments of commercial items on a competitive basis.
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1 ‘‘(2) In any case in which it is not practicable to con2 duct a procurement of a commercial item on a competitive

3 basis and the procurement is not covered by an exception

4 in subsection (b), the contracting officer shall nonetheless

5 exempt a contract, subcontract, or modification of a con6 tract or subcontract under the procurement from the re7 quirements of subsection (a) if the contracting officer ob8 tains, in accordance with standards and procedures set

9 forth in the Federal Acquisition Regulation, information

10 on prices at which the same or similar items have been

11 sold in the commercial market that is adequate for evalu12 ating the reasonableness of the price of the contract or

13 subcontract for a commercial item, or the contract or sub14 contract modification, as the case may be. The contracting

15 officer may obtain such information from the offeror or

16 contractor or, when such information is not available from

17 that source, from another source or sources.

18 ‘‘(3)(A) In accordance with procedures prescribed in

19 the Federal Acquisition Regulation, the head of an agency

20 shall have the right to examine all information provided

21 by an offeror, contractor, or subcontractor pursuant to

22 paragraph (2) and all books and records of such offeror,

23 contractor, or subcontractor that directly relate to such

24 information in order to determine whether the agency is

25 receiving accurate information required under this section.
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1 ‘‘(B) The right under subparagraph (A) shall expire

2 3 years after the date of award of the contract, or 3 years

3 after the date of the modification of the contract, with

4 respect to which the information was provided.’’.

5 SEC. 41105. RIGHT OF UNITED STATES TO EXAMINE CON6 TRACTOR RECORDS.

7 Section 2306a of title 10, United States Code, is

8 amended by striking out subsection (g), as redesignated

9 by section 41104(1), and inserting in lieu thereof the fol10 lowing:

11 ‘‘(g) RIGHT OF UNITED STATES TO EXAMINE CON12 TRACTOR RECORDS.—For the purpose of evaluating the

13 accuracy, completeness, and currency of cost or pricing

14 data required to be submitted by this section, the head

15 of an agency shall have the rights provided by section

16 2313 of this title.’’.

17 SEC. 41106. REQUIRED REGULATIONS.

18 Section 2306a of title 10, United States Code, as

19 amended by sections 41104 and 41105, is further amend20 ed by inserting after subsection (g) the following new sub21 section:

22 ‘‘(h) REQUIRED REGULATIONS.—The Secretary shall

23 prescribe regulations concerning the types of information

24 that offerors must submit for a contracting officer to con25 sider in determining whether the price of a procurement
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1 to the Government is fair and reasonable when certified

2 cost or pricing data are not required to be submitted

3 under this section because the price of the procurement

4 to the United States is not expected to exceed an applica5 ble $500,000 threshold set forth in subsection (a) (as ad6 justed pursuant to paragraph (7) of such subsection).

7 Such information, at a minimum, shall include appropriate

8 information on the prices at which the same or similar

9 items have previously been sold that is adequate for evalu10 ating the reasonableness of the price of the proposed con11 tract or subcontract for the procurement.’’.

12 SEC. 41107. CONSISTENCY OF TIME REFERENCES.

13 Section 2306a of title 10, United States Code, as

14 amended by section 41104(1), is further amended—

15 (1) in subparagraphs (A)(ii) and (B)(ii) of sub16 section (e)(4), by inserting ‘‘or, if applicable consist17 ent with paragraph (1)(B), another date agreed

18 upon between the parties,’’ after ‘‘(or price of the

19 modification)’’; and

20 (2) in subsection (i), by inserting ‘‘or, if appli21 cable consistent with subsection (d)(1)(B), another

22 date agreed upon between the parties’’ after ‘‘(or the

23 price of a contract modification)’’.
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1 SEC. 41108. EXCEPTION FOR TRANSFERS BETWEEN DIVI2 SIONS, SUBSIDIARIES, AND AFFILIATES.

3 Subsection (i) of section 2306a of title 10, United

4 States Code, as redesignated by section 41104(1), is

5 amended to read as follows:

6 ‘‘(i) DEFINITIONS.—In this section:

7 ‘‘(1) The term ‘cost or pricing data’ means all

8 facts that, as of the date of agreement on the price

9 of a contract (or the price of a contract modifica10 tion), a prudent buyer or seller would reasonably ex11 pect to affect price negotiations significantly. Such

12 term does not include information that is

13 judgmental, but does include the factual information

14 from which a judgment was derived.

15 ‘‘(2) The term ‘subcontract’ includes a transfer

16 of commercial items between divisions, subsidiaries,

17 or affiliates of a contractor.’’.

18 SEC. 41109. REPEAL OF SUPERSEDED PROVISION.

19 Subsections (b) and (c) of section 803 of Public Law

20 101–510 (10 U.S.C. 2306a note) are repealed.
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1 PART II—CIVILIAN AGENCY ACQUISITIONS

2 SEC. 41151. REVISION OF CIVILIAN AGENCY PROVISIONS TO

3 ENSURE UNIFORM TREATMENT OF COST OR

4 PRICING DATA.

5 (a) IN GENERAL.—Title III of the Federal Property

6 and Administrative Services Act of 1949 (41 U.S.C. 251

7 et seq.) is amended—

8 (1) in section 304, by striking out subsection

9 (d); and

10 (2) by inserting after section 304 the following

11 new section:

12 ‘‘COST OR PRICING DATA: TRUTH IN NEGOTIATIONS

13 ‘‘SEC. 304A. (a) REQUIRED COST OR PRICING DATA

14 AND CERTIFICATION.—(1) An agency head shall require

15 offerors, contractors, and subcontractors to make cost or

16 pricing data available as follows:

17 ‘‘(A) An offeror for a prime contract under this

18 title to be entered into using procedures other than

19 sealed-bid procedures shall be required to submit

20 cost or pricing data before the award of a contract

21 if—

22 ‘‘(i) in the case of a prime contract entered

23 into after the date of the enactment of the Fed24 eral Acquisition Streamlining Act of 1994, the

25 price of the contract to the United States is ex26 pected to exceed $500,000; and
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1 ‘‘(ii) in the case of a prime contract en2 tered into on or before the date of the enact3 ment of the Federal Acquisition Streamlining

4 Act of 1994, the price of the contract to the

5 United States is expected to exceed $100,000.

6 ‘‘(B) The contractor for a prime contract under

7 this chapter shall be required to submit cost or pric8 ing data before the pricing of a change or modifica9 tion to the contract if—

10 ‘‘(i) in the case of a change or modification

11 made to a prime contract referred to in sub12 paragraph (A)(i), the price adjustment is ex13 pected to exceed $500,000;

14 ‘‘(ii) in the case of a change or modifica15 tion made to a prime contract that was entered

16 into on or before the date of the enactment of

17 the Federal Acquisition Streamlining Act of

18 1994, and that has been modified pursuant to

19 paragraph (6), the price adjustment is expected

20 to exceed $500,000; and

21 ‘‘(iii) in the case of a change or modifica22 tion not covered by clause (i) or (ii), the price

23 adjustment is expected to exceed $100,000.

24 ‘‘(C) An offeror for a subcontract (at any tier)

25 of a contract under this title shall be required to
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1 submit cost or pricing data before the award of the

2 subcontract if the prime contractor and each higher3 tier subcontractor have been required to make avail4 able cost or pricing data under this section and—

5 ‘‘(i) in the case of a subcontract under a

6 prime contract referred to in subparagraph

7 (A)(i), the price of the subcontract is expected

8 to exceed $500,000;

9 ‘‘(ii) in the case of a subcontract entered

10 into under a prime contract that was entered

11 into on or before the date of the enactment of

12 the Federal Acquisition Streamlining Act of

13 1994, and that has been modified pursuant to

14 paragraph (6), the price of the subcontract is

15 expected to exceed $500,000; and

16 ‘‘(iii) in the case of a subcontract not cov17 ered by clause (i) or (ii), the price of the sub18 contract is expected to exceed $100,000.

19 ‘‘(D) The subcontractor for a subcontract cov20 ered by subparagraph (C) shall be required to sub21 mit cost or pricing data before the pricing of a

22 change or modification to the subcontract if—

23 ‘‘(i) in the case of a change or modification

24 to a subcontract referred to in subparagraph
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1 (C)(i) or (C)(ii), the price adjustment is ex2 pected to exceed $500,000; and

3 ‘‘(ii) in the case of a change or modifica4 tion to a subcontract referred to in subpara5 graph (C)(iii), the price adjustment is expected

6 to exceed $100,000.

7 ‘‘(2) A person required, as an offeror, contractor, or

8 subcontractor, to submit cost or pricing data under para9 graph (1) (or required by the agency head concerned to

10 submit such data in accordance with subsection (c)) shall

11 be required to certify that, to the best of the person’s

12 knowledge and belief, the cost or pricing data submitted

13 are accurate, complete, and current.

14 ‘‘(3) Cost or pricing data required to be submitted

15 under paragraph (1) (or in accordance with subsection

16 (c)), and a certification required to be submitted under

17 paragraph (2), shall be submitted—

18 ‘‘(A) in the case of a submission by a prime

19 contractor (or an offeror for a prime contract), to

20 the contracting officer for the contract (or to a des21 ignated representative of the contracting officer); or

22 ‘‘(B) in the case of a submission by a sub23 contractor (or an offeror for a subcontract), to the

24 prime contractor.
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1 ‘‘(4) Except as provided under subsection (b), this

2 section applies to contracts entered into by an agency head

3 on behalf of a foreign government.

4 ‘‘(5) For purposes of paragraph (1)(C), a contractor

5 or subcontractor granted a waiver under subsection

6 (b)(1)(B) shall be considered as having been required to

7 make available cost or pricing data under this section.

8 ‘‘(6)(A) Upon the request of a contractor that was

9 required to submit cost or pricing data under paragraph

10 (1) in connection with a prime contract entered into on

11 or before the date of the enactment of the Federal Acquisi12 tion Streamlining Act of 1994, the agency head that en13 tered into such contract shall modify the contract to re14 flect subparagraphs (B)(ii) and (C)(ii) of paragraph (1).

15 All such modifications shall be made without requiring

16 consideration.

17 ‘‘(B) An agency head is not required to modify a con18 tract under subparagraph (A) if that agency head deter19 mines that the submission of cost or pricing data with re20 spect to that contract should be required in accordance

21 with subsection (c).

22 ‘‘(7) Effective on October 1 of each year that is divis23 ible by 5, each amount set forth in paragraph (1) shall

24 be adjusted to the amount that is equal to the fiscal year

25 1994 constant dollar value of the amount set forth. Any
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1 amount, as so adjusted, that is not evenly divisible by

2 $50,000 shall be rounded to the nearest multiple of

3 $50,000. In the case of an amount that is evenly divisible

4 by $25,000 but not evenly divisible by $50,000, the

5 amount shall be rounded to the next higher multiple of

6 $50,000.

7 ‘‘(b) EXCEPTIONS.—(1) Submission of cost and pric8 ing data shall not be required under subsection (a)—

9 ‘‘(A) in the case of a contract, a subcontract,

10 or a contract or subcontract modification, for which

11 the price agreed upon is based on—

12 ‘‘(i) adequate price competition;

13 ‘‘(ii) established catalog or market prices

14 of commercial items or of services customarily

15 used for other than Government purposes, as

16 the case may be, that are sold in substantial

17 quantities to the general public; or

18 ‘‘(iii) prices set by law or regulation; or

19 ‘‘(B) in an exceptional case when the agency

20 head concerned determines that the requirements of

21 this section may be waived and states in writing the

22 reasons for such determination.

23 ‘‘(2) Submission of cost and pricing data shall not

24 be required under subsection (a) in the case of a modifica-
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1 tion of a contract or subcontract for a commercial item

2 if—

3 ‘‘(A) the contract or subcontract being modified

4 is a contract or subcontract for which submission of

5 cost and pricing data may not be required by reason

6 of paragraph (1)(A);

7 ‘‘(B) the modification is not a case in which

8 paragraph (1)(A) prohibits the agency head from re9 quiring submission of cost and pricing data; and

10 ‘‘(C) the modification would not change the

11 contract or subcontract, as the case may be, from a

12 contract or subcontract for the acquisition of a com13 mercial item to a contract or subcontract for the ac14 quisition of a noncommercial item.

15 ‘‘(c) LIMITATION ON AUTHORITY TO REQUIRE COST

16 OR PRICING DATA.—When cost or pricing data are not

17 required to be submitted under this section by reason of

18 a $500,000 threshold set forth in subsection (a) (as ad19 justed pursuant to paragraph (7) of such subsection) or

20 by reason of an exception in paragraph (1)(A) or (2) of

21 subsection (b), submission of such data may not be re22 quired unless the agency head concerned determines that

23 such data are necessary for the evaluation by the agency

24 of the reasonableness of the price of the contract or sub25 contract to which the data relate. In any case in which
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1 the agency head requires such data to be submitted in ac2 cordance with the preceding sentence, the agency head

3 shall document in writing the reasons for such require4 ment.

5 ‘‘(d) ADDITIONAL EXCEPTION PROVISIONS REGARD6 ING COMMERCIAL ITEMS.—(1) To the maximum extent

7 practicable, an agency head shall conduct procurements

8 of commercial items on a competitive basis.

9 ‘‘(2) In any case in which it is not practicable to con10 duct a procurement of a commercial item on a competitive

11 basis and the procurement is not covered by an exception

12 in subsection (b), the contracting officer shall nonetheless

13 exempt a contract, subcontract, or modification of a con14 tract or subcontract under the procurement from the re15 quirements of subsection (a) if the contracting officer ob16 tains, in accordance with standards and procedures set

17 forth in the Federal Acquisition Regulation, information

18 on prices at which the same or similar items have been

19 sold in the commercial market that is adequate for evalu20 ating the reasonableness of the price of the contract or

21 subcontract for a commercial item, or the contract or sub22 contract modification, as the case may be. The contracting

23 officer may obtain such information from the offeror or

24 contractor or, when such information is not available from

25 that source, from another source or sources.
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1 ‘‘(3)(A) In accordance with procedures prescribed in

2 the Federal Acquisition Regulation, an agency head shall

3 have the right to examine all information provided by an

4 offeror, contractor, or subcontractor pursuant to para5 graph (2) and all books and records of such offeror, con6 tractor, or subcontractor that directly relate to such infor7 mation in order to determine whether the agency is receiv8 ing accurate information required under this section.

9 ‘‘(B) The right under subparagraph (A) shall expire

10 3 years after the date of award of the contract, or 3 years

11 after the date of the modification of the contract, with

12 respect to which the information was provided.

13 ‘‘(e) PRICE REDUCTIONS FOR DEFECTIVE COST OR

14 PRICING DATA.—(1)(A) A prime contract (or change or

15 modification to a prime contract) under which a certificate

16 under subsection (a)(2) is required shall contain a provi17 sion that the price of the contract to the United States,

18 including profit or fee, shall be adjusted to exclude any

19 significant amount by which it may be determined by the

20 agency head that such price was increased because the

21 contractor (or any subcontractor required to make avail22 able such a certificate) submitted defective cost or pricing

23 data.

24 ‘‘(B) For the purposes of this section, defective cost

25 or pricing data are cost or pricing data which, as of the
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1 date of agreement on the price of the contract (or another

2 date agreed upon between the parties), were inaccurate,

3 incomplete, or noncurrent. If for purposes of the preceding

4 sentence the parties agree upon a date other than the date

5 of agreement on the price of the contract, the date agreed

6 upon by the parties shall be as close to the date of agree7 ment on the price of the contract as is practicable.

8 ‘‘(2) In determining for purposes of a contract price

9 adjustment under a contract provision required by para10 graph (1) whether, and to what extent, a contract price

11 was increased because the contractor (or a subcontractor)

12 submitted defective cost or pricing data, it shall be a de13 fense that the United States did not rely on the defective

14 data submitted by the contractor or subcontractor.

15 ‘‘(3) It is not a defense to an adjustment of the price

16 of a contract under a contract provision required by para17 graph (1) that—

18 ‘‘(A) the price of the contract would not have

19 been modified even if accurate, complete, and cur20 rent cost or pricing data had been submitted by the

21 contractor or subcontractor because the contractor

22 or subcontractor—

23 ‘‘(i) was the sole source of the property or

24 services procured; or
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1 ‘‘(ii) otherwise was in a superior bargain2 ing position with respect to the property or

3 services procured;

4 ‘‘(B) the contracting officer should have known

5 that the cost and pricing data in issue were defective

6 even though the contractor or subcontractor took no

7 affirmative action to bring the character of the data

8 to the attention of the contracting officer;

9 ‘‘(C) the contract was based on an agreement

10 between the contractor and the United States about

11 the total cost of the contract and there was no

12 agreement about the cost of each item procured

13 under such contract; or

14 ‘‘(D) the prime contractor or subcontractor did

15 not submit a certification of cost and pricing data

16 relating to the contract as required under subsection

17 (a)(2).

18 ‘‘(4)(A) A contractor shall be allowed to offset an

19 amount against the amount of a contract price adjustment

20 under a contract provision required by paragraph (1) if—

21 ‘‘(i) the contractor certifies to the contracting

22 officer (or to a designated representative of the con23 tracting officer) that, to the best of the contractor’s

24 knowledge and belief, the contractor is entitled to

25 the offset; and
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1 ‘‘(ii) the contractor proves that the cost or pric2 ing data were available before the date of agreement

3 on the price of the contract (or price of the modi4 fication), or, if applicable consistent with paragraph

5 (1)(B), another date agreed upon between the par6 ties, and that the data were not submitted as speci7 fied in subsection (a)(3) before such date.

8 ‘‘(B) A contractor shall not be allowed to offset an

9 amount otherwise authorized to be offset under subpara10 graph (A) if—

11 ‘‘(i) the certification under subsection (a)(2)

12 with respect to the cost or pricing data involved was

13 known to be false when signed; or

14 ‘‘(ii) the United States proves that, had the cost

15 or pricing data referred to in subparagraph (A)(ii)

16 been submitted to the United States before the date

17 of agreement on the price of the contract (or price

18 of the modification) or, if applicable under para19 graph (1)(B), another date agreed upon between the

20 parties, the submission of such cost or pricing data

21 would not have resulted in an increase in that price

22 in the amount to be offset.

23 ‘‘(f) INTEREST AND PENALTIES FOR CERTAIN OVER24 PAYMENTS.—(1) If the United States makes an overpay25 ment to a contractor under a contract with an executive
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1 agency subject to this section and the overpayment was

2 due to the submission by the contractor of defective cost

3 or pricing data, the contractor shall be liable to the United

4 States—

5 ‘‘(A) for interest on the amount of such over6 payment, to be computed—

7 ‘‘(i) for the period beginning on the date

8 the overpayment was made to the contractor

9 and ending on the date the contractor repays

10 the amount of such overpayment to the United

11 States; and

12 ‘‘(ii) at the current rate prescribed by the

13 Secretary of the Treasury under section 6621

14 of the Internal Revenue Code of 1986; and

15 ‘‘(B) if the submission of such defective data

16 was a knowing submission, for an additional amount

17 equal to the amount of the overpayment.

18 ‘‘(2) Any liability under this subsection of a contrac19 tor that submits cost or pricing data but refuses to submit

20 the certification required by subsection (a)(2) with respect

21 to the cost or pricing data shall not be affected by the

22 refusal to submit such certification.

23 ‘‘(g) RIGHT OF UNITED STATES TO EXAMINE CON24 TRACTOR RECORDS.—For the purpose of evaluating the

25 accuracy, completeness, and currency of cost or pricing
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1 data required to be submitted by this section, the head

2 of an agency shall have the rights provided by section

3 304B(a)(2).

4 ‘‘(h) REQUIRED REGULATIONS.—The Federal Acqui5 sition Regulation shall include regulations concerning the

6 types of information that offerors must submit for a con7 tracting officer to consider in determining whether the

8 price of a procurement to the Government is fair and rea9 sonable when certified cost or pricing data are not re10 quired to be submitted under this section because the price

11 of the procurement to the United States is not expected

12 to exceed an applicable $500,000 threshold set forth in

13 subsection (a) (as adjusted pursuant to paragraph (7) of

14 such subsection). Such information, at a minimum, shall

15 include appropriate information on the prices at which the

16 same or similar items have previously been sold that is

17 adequate for evaluating the reasonableness of the price of

18 a proposed contract or subcontract for the procurement.

19 ‘‘(i) DEFINITIONS.—In this section:

20 ‘‘(1) The term ‘cost or pricing data’ means all

21 facts that, as of the date of agreement on the price

22 of a contract (or the price of a contract modifica23 tion) or, if applicable consistent with subsection

24 (e)(1)(B), another date agreed upon between the

25 parties, a prudent buyer or seller would reasonably
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1 expect to affect price negotiations significantly. Such

2 term does not include information that is

3 judgmental, but does include the factual information

4 from which a judgment was derived.

5 ‘‘(2) The term ‘subcontract’ includes a transfer

6 of commercial items between divisions, subsidiaries,

7 or affiliates of a contractor.’’.

8 (b) TABLE OF CONTENTS.—The table of contents in

9 the first section of such Act is amended by inserting after

10 the item relating to section 304 the following:

‘‘Sec. 304A. Cost or pricing data: truth in negotiations.’’.

11 SEC. 41152. REPEAL OF OBSOLETE PROVISION.

12 (a) REPEAL.—Section 303E of the Federal Property

13 and Administrative Services Act of 1949 (41 U.S.C. 253e)

14 is repealed.

15 (b) CLERICAL AMENDMENT.—The table of contents

16 in the first section of such Act is amended by striking out

17 the item relating to section 303E.

18 Subtitle C—Research and

19 Development

20 SEC. 41201. RESEARCH PROJECTS.

21 (a) AUTHORIZED MEANS.—Subsection (b) of section

22 2358 of title 10, United States Code, is amended to read

23 as follows:
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1 ‘‘(b) AUTHORIZED MEANS.—The Secretary of De2 fense or the Secretary of a military department may per3 form research and development projects—

4 ‘‘(1) by contract entered into with, grant made

5 to, or cooperative agreement entered into with edu6 cational or research institutions, private businesses,

7 or other persons in accordance with the provisions of

8 chapter 63 of title 31;

9 ‘‘(2) through one or more military departments;

10 ‘‘(3) by using employees and consultants of the

11 Department of Defense; or

12 ‘‘(4) by mutual agreement with the head of any

13 other department or agency of the Federal Govern14 ment.’’.

15 (b) CAPTION AMENDMENT.—The caption of sub16 section (c) of such section is amended by striking out

17 ‘‘MILITARY’’ and inserting in lieu thereof ‘‘DEPARTMENT

18 OF DEFENSE’’.

19 (c) ADVANCED RESEARCH PROJECTS.—

20 (1) RESTORATION AND REVISION OF FORMER

21 STATEMENT OF AUTHORITY.—Section 2371 of title

22 10, United States Code, is amended—

23 (A) by redesignating subsections (a), (b),

24 (c), (d), (e), and (f) as subsections (b), (c), (d),

25 (e), (f), and (g), respectively; and
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1 (B) by inserting before subsection (b), as

2 so redesignated, the following new subsection

3 (a):

4 ‘‘(a) The Secretary of Defense, acting through the

5 Advanced Research Projects Agency and such other ele6 ments of the Department of Defense as the Secretary may

7 designate, and the Secretary of each military department,

8 in carrying out basic, applied, and advanced research

9 projects, may enter into other transactions, in addition to

10 contracts, grants, and cooperative agreements authorized

11 by section 2358 of this title.’’.

12 (2) CONFORMING AMENDMENTS.—Such section,

13 as amended by paragraph (1), is further amended—

14 (A) in subsection (b)—

15 (i) in paragraph (1), by inserting ‘‘or

16 subsection (a)’’ after ‘‘section 2358 of this

17 title’’; and

18 (ii) in paragraph (2), by striking out

19 ‘‘subsection (d)’’ and inserting in lieu

20 thereof ‘‘subsection (e)’’;

21 (B) in subsection (c), by inserting ‘‘section

22 2358 of this title or’’ after ‘‘under’’;

23 (C) in subsection (d)—

24 (i) in paragraph (1), by striking out

25 ‘‘this section’’ and inserting in lieu thereof
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1 ‘‘section 2358 of this title or subsection

2 (a)’’; and

3 (ii) in paragraph (3), by striking out

4 ‘‘this section’’ and inserting in lieu thereof

5 ‘‘section 2358 of this title or subsection

6 (a)’’;

7 (D) in subsection (e), by inserting ‘‘or sub8 section (a)’’ in the first sentence after ‘‘section

9 2358 of this title’’; and

10 (E) in subsection (f)—

11 (i) in the first sentence, by striking

12 out ‘‘under this section’’ and inserting in

13 lieu thereof ‘‘under section 2358 of this

14 title or subsection (a)’’;

15 (ii) in paragraph (4), by striking out

16 ‘‘subsection (a)’’ and inserting in lieu

17 thereof ‘‘subsection (b)’’; and

18 (iii) in paragraph (5), by striking out

19 ‘‘subsection (d)’’ and inserting in lieu

20 thereof ‘‘subsection (e)’’.
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1 SEC. 41202. ELIMINATION OF INFLEXIBLE TERMINOLOGY

2 REGARDING COORDINATION AND COMMU3 NICATION OF DEFENSE RESEARCH ACTIVI4 TIES.

5 Section 2364 of title 10, United States Code, is

6 amended—

7 (1) in subsection (b)(5), by striking out ‘‘mile8 stone 0, milestone I, and milestone II decisions’’ and

9 inserting in lieu thereof ‘‘acquisition program deci10 sions’’; and

11 (2) in subsection (c), by striking out para12 graphs (2), (3), and (4) and inserting in lieu thereof

13 the following:

14 ‘‘(2) The term ‘acquisition program decisions’

15 has the meaning given such term in regulations pre16 scribed by the Secretary of Defense for the purposes

17 of this section.’’.

18 Subtitle D—Procurement Protests

19 PART I—PROTESTS TO THE COMPTROLLER

20 GENERAL

21 SEC. 41301. PROTEST DEFINED.

22 Paragraph (1) of section 3551 of title 31, United

23 States Code, is amended to read as follows:

24 ‘‘(1) ‘protest’ means a written objection by an

25 interested party—
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1 ‘‘(i) to a solicitation or other request by a

2 Federal agency for offers for a contract for the

3 procurement of property or services;

4 ‘‘(ii) to the cancellation of such a solicita5 tion or other request;

6 ‘‘(iii) to an award or proposed award of

7 such a contract; or

8 ‘‘(iv) to a termination or cancellation of an

9 award of such a contract, if the written objec10 tion contains an allegation that the termination

11 or cancellation is based in whole or in part on

12 improprieties concerning the award of the con13 tract;’’.

14 SEC. 41302. REVIEW OF PROTESTS AND EFFECT ON CON15 TRACTS PENDING DECISION.

16 (a) PERIODS FOR CERTAIN ACTIONS.—Section 3553

17 of title 31, United States Code, is amended—

18 (1) in subsection (b)—

19 (A) in paragraph (1), by striking out ‘‘one

20 working day of’’ and inserting in lieu thereof

21 ‘‘one day after’’; and

22 (B) in paragraph (2)—

23 (i) in subparagraph (A), by striking

24 out ‘‘25 working days from’’ and inserting

25 in lieu thereof ‘‘35 days after’’; and
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1 (ii) in subparagraph (C), by striking

2 out ‘‘10 working days from’’ and inserting

3 in lieu thereof ‘‘25 days after’’; and

4 (2) in subsection (c)(3), by striking out ‘‘there5 after’’ and inserting in lieu thereof ‘‘after the mak6 ing of such finding’’.

7 (b) SUSPENSION OF PERFORMANCE.—Subsection (d)

8 of such section is amended to read as follows:

9 ‘‘(d)(1) A contractor awarded a Federal agency con10 tract may, during the period described in paragraph (4),

11 begin performance of the contract and engage in any relat12 ed activities that result in obligations being incurred by

13 the United States under the contract unless the contract14 ing officer responsible for the award of the contract with15 holds authorization to proceed with performance of the

16 contract.

17 ‘‘(2) The contracting officer may withhold an author18 ization to proceed with performance of the contract during

19 the period described in paragraph (4) if the contracting

20 officer determines in writing that—

21 ‘‘(A) a protest is likely to be filed; and

22 ‘‘(B) the immediate performance of the contract

23 is not in the best interests of the United States.
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1 ‘‘(3)(A) If the Federal agency awarding the contract

2 receives notice of a protest in accordance with this section

3 during the period described in paragraph (4)—

4 ‘‘(i) the contracting officer may not authorize

5 performance of the contract to begin while the pro6 test is pending; or

7 ‘‘(ii) if contract performance authorization to

8 proceed was not withheld in accordance with para9 graph (2) before receipt of the notice, the contract10 ing officer shall immediately direct the contractor to

11 cease performance under the contract and to sus12 pend any related activities that may result in addi13 tional obligations being incurred by the United

14 States under that contract.

15 ‘‘(B) Performance and related activities suspended

16 pursuant to subparagraph (A)(ii) by reason of a protest

17 may not be resumed while the protest is pending.

18 ‘‘(C) The head of the procuring activity may author19 ize the performance of the contract (notwithstanding a

20 protest of which the Federal agency has notice under this

21 section)—

22 ‘‘(i) upon a written finding that—

23 ‘‘(I) performance of the contract is in the

24 best interests of the United States; or
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1 ‘‘(II) urgent and compelling circumstances

2 that significantly affect interests of the United

3 States will not permit waiting for the decision

4 of the Comptroller General concerning the pro5 test; and

6 ‘‘(ii) after the Comptroller General is notified of

7 that finding.

8 ‘‘(4) The period referred to in paragraphs (2) and

9 (3)(A), with respect to a contract, is the period beginning

10 on the date of the contract award and ending on the later

11 of—

12 ‘‘(A) the date that is 10 days after the date of

13 the contract award; or

14 ‘‘(B) the date that is 5 days after—

15 ‘‘(i) the debriefing date offered to an un16 successful offeror for any debriefing that is re17 quested and, when requested, is required; or

18 ‘‘(ii) in the case of a contract for which no

19 debriefing is required, the date on which the

20 unsuccessful offeror receives the notification of

21 contract award.’’.

22 SEC. 41303. DECISIONS ON PROTESTS.

23 (a) PERIODS FOR CERTAIN ACTIONS.—Section

24 3554(a) of title 31, United States Code, is amended—
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1 (1) in paragraph (1), by striking out ‘‘90 work2 ing days from’’ and inserting in lieu thereof ‘‘125

3 days after’’;

4 (2) in paragraph (2), by striking out ‘‘45 cal5 endar days from’’ and inserting ‘‘65 days after’’;

6 (3) by redesignating paragraph (3) as para7 graph (4); and

8 (4) by inserting after paragraph (2) the follow9 ing new paragraph (3):

10 ‘‘(3) An amendment to a protest that adds a new

11 ground of protest, if timely made, should be resolved, to

12 the maximum extent practicable, within the time limit es13 tablished under paragraph (1) of this subsection for final

14 decision of the initial protest. If an amended protest can15 not be resolved within such time limit, the Comptroller

16 General may resolve the amended protest through the ex17 press option under paragraph (2) of this subsection.’’.

18 (b) GAO RECOMMENDATIONS ON PROTESTS.—

19 (1) IMPLEMENTATION OF RECOMMENDA20 TIONS.—Section 3554 of title 31, United States

21 Code, is amended—

22 (A) in subsection (b), by adding at the end

23 the following new paragraph:

24 ‘‘(3) If the Federal agency fails to implement fully

25 the recommendations of the Comptroller General under
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1 this subsection with respect to a solicitation for a contract

2 or an award or proposed award of a contract within 60

3 days after receiving the recommendations, the head of the

4 procuring activity responsible for that contract shall re5 port such failure to the Comptroller General not later than

6 5 working days after the end of such 60-day period.’’;

7 (B) by striking out subsection (c) and in8 serting in lieu thereof the following:

9 ‘‘(c)(1) If the Comptroller General determines that

10 a solicitation for a contract or a proposed award or the

11 award of a contract does not comply with a statute or reg12 ulation, the Comptroller General may recommend that the

13 Federal agency conducting the procurement pay to an ap14 propriate interested party the costs of—

15 ‘‘(A) filing and pursuing the protest, including

16 reasonable attorney’s fees and consultant and expert

17 witness fees; and

18 ‘‘(B) bid and proposal preparation.

19 ‘‘(2) No party (other than a small business concern

20 (within the meaning of section 3(a) of the Small Business

21 Act)) may be paid, pursuant to a recommendation made

22 under the authority of paragraph (1)—

23 ‘‘(A) costs for consultant and expert witness

24 fees that exceed the rates provided under section

25 504(b)(1)(A) of title 5 for expert witnesses; or
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1 ‘‘(B) costs for attorney’s fees that exceed the

2 rates provided for attorneys under section

3 504(b)(1)(A) of title 5.

4 ‘‘(3) If the Comptroller General recommends under

5 paragraph (1) that a Federal agency pay costs to an inter6 ested party, the Federal agency shall—

7 ‘‘(A) pay the costs promptly; or

8 ‘‘(B) if the Federal agency does not make such

9 payment, promptly report to the Comptroller Gen10 eral the reasons for the failure to follow the Comp11 troller General’s recommendation.

12 ‘‘(4) If the Comptroller General recommends under

13 paragraph (1) that a Federal agency pay costs to an inter14 ested party, the Federal agency and the interested party

15 shall attempt to reach an agreement on the amount of the

16 costs to be paid. If the Federal agency and the interested

17 party are unable to agree on the amount to be paid, the

18 Comptroller General may, upon the request of the inter19 ested party, recommend to the Federal agency the amount

20 of the costs that the Federal agency should pay.’’; and

21 (C) by striking out subsection (e) and in22 serting in lieu thereof the following:

23 ‘‘(e)(1) The Comptroller General shall report prompt24 ly to the Committee on Governmental Affairs and the

25 Committee on Appropriations of the Senate and to the
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1 Committee on Government Operations and the Committee

2 on Appropriations of the House of Representatives any

3 case in which a Federal agency fails to implement fully

4 a recommendation of the Comptroller General under sub5 section (b) or (c). The report shall include—

6 ‘‘(A) a comprehensive review of the pertinent

7 procurement, including the circumstances of the fail8 ure of the Federal agency to implement a rec9 ommendation of the Comptroller General; and

10 ‘‘(B) a recommendation regarding whether, in

11 order to correct an inequity or to preserve the integ12 rity of the procurement process, the Congress should

13 consider—

14 ‘‘(i) private relief legislation;

15 ‘‘(ii) legislative rescission or cancellation of

16 funds;

17 ‘‘(iii) further investigation by Congress; or

18 ‘‘(iv) other action.

19 ‘‘(2) Not later than January 31 of each year, the

20 Comptroller General shall transmit to the Congress a re21 port containing a summary of each instance in which a

22 Federal agency did not fully implement a recommendation

23 of the Comptroller General under subsection (b) or (c)

24 during the preceding year. The report shall also describe

25 each instance in which a final decision in a protest was
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1 not rendered within 125 days after the date the protest

2 is submitted to the Comptroller General.’’.

3 (2) REQUIREMENT FOR PAYMENT IN ACCORD4 ANCE WITH PRIOR GAO DETERMINATIONS.—Costs to

5 which the Comptroller General declared an inter6 ested party to be entitled under section 3554 of title

7 31, United States Code, as in effect immediately be8 fore the enactment of this division, shall, if not paid

9 or otherwise satisfied by the Federal agency con10 cerned before the date of the enactment of this divi11 sion, be paid promptly.

12 SEC. 41304. REGULATIONS.

13 (a) COMPUTATION OF PERIODS.—Section 3555 of

14 title 31, United States Code, is amended—

15 (1) by redesignating subsection (b) as sub16 section (d); and

17 (2) by inserting after subsection (a) the follow18 ing new subsection (b):

19 ‘‘(b) The procedures shall provide that, in the com20 putation of any period described in this subchapter—

21 ‘‘(1) the day of the act, event, or default from

22 which the designated period of time begins to run

23 not be included; and

24 ‘‘(2) the last day after such act, event, or de25 fault be included, unless—
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1 ‘‘(A) such last day is a Saturday, a Sun2 day, or a legal holiday; or

3 ‘‘(B) in the case of a filing of a paper at

4 the General Accounting Office or a Federal

5 agency, such last day is a day on which weather

6 or other conditions cause the closing of the

7 General Accounting Office or Federal agency,

8 in which event the next day that is not a Satur9 day, Sunday, or legal holiday shall be in10 cluded.’’.

11 (b) ELECTRONIC FILINGS AND DISSEMINATIONS.—

12 Such section, as amended by subsection (a), is further

13 amended by inserting after subsection (b) the following

14 new subsection:

15 ‘‘(c) The Comptroller General may prescribe proce16 dures for the electronic filing and dissemination of docu17 ments and information required under this subchapter. In

18 prescribing such procedures, the Comptroller General shall

19 consider the ability of all parties to achieve electronic ac20 cess to such documents and records.’’.

21 (c) REPEAL OF OBSOLETE DEADLINE.—Subsection

22 (a) of such section is amended by striking out ‘‘Not later

23 than January 15, 1985, the’’ and inserting in lieu thereof

24 ‘‘The’’.
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1 PART II—PROTESTS IN THE FEDERAL COURTS

2 SEC. 41321. NONEXCLUSIVITY OF REMEDIES.

3 Section 3556 of title 31, United States Code, is

4 amended by striking out ‘‘a district court of the United

5 States or the United States Claims Court’’ in the first sen6 tence and inserting in lieu thereof ‘‘the United States

7 Court of Federal Claims’’.

8 SEC. 41322. JURISDICTION OF THE UNITED STATES COURT

9 OF FEDERAL CLAIMS.

10 (a) CLAIMS AGAINST THE UNITED STATES AND BID

11 PROTESTS.—Section 1491 of title 28, United States Code,

12 is amended—

13 (1) by redesignating subsection (b) as sub14 section (e);

15 (2) in subsection (a)—

16 (A) by striking out ‘‘(a)(1)’’ and inserting

17 in lieu thereof ‘‘(a) CLAIMS AGAINST THE

18 UNITED STATES.—’’;

19 (B) in paragraph (2), by striking out ‘‘(2)

20 To’’ and inserting in lieu thereof ‘‘(b) REMEDY

21 AND RELIEF.—To’’; and

22 (C) by striking out paragraph (3); and

23 (3) by inserting after subsection (b), as des24 ignated by paragraph (2)(B), the following new sub25 section (c):
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1 ‘‘(c) BID PROTESTS.—(1) The United States Court

2 of Federal Claims has jurisdiction to render judgment on

3 an action by an interested party objecting to a solicitation

4 by a Federal agency for bids or proposals for a proposed

5 contract or to a proposed award or the award of a con6 tract. The court has jurisdiction to entertain such an ac7 tion without regard to whether suit is instituted before or

8 after the contract is awarded.

9 ‘‘(2) To afford relief in such an action, the court may

10 award any relief that the court considers proper, including

11 declaratory and injunctive relief.

12 ‘‘(3) In exercising jurisdiction under this subsection,

13 the court shall give due regard to the interests of national

14 defense and national security and the need for expeditious

15 resolution of the action.

16 ‘‘(4) The district courts of the United States do not

17 have jurisdiction of any action referred to in paragraph

18 (1).’’.

19 (b) CLERICAL AMENDMENTS.—

20 (1) SECTION HEADING.—The heading of such

21 section is amended by inserting ‘‘BID PROTESTS;’’

22 after ‘‘GENERALLY;’’.

23 (2) TABLE OF SECTIONS.—The table of sections

24 at the beginning of chapter 91 of title 28, United

25 States Code, is amended by striking out the item re-
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1 lating to section 1491 and inserting in lieu thereof

2 the following:

‘‘1491. Claims against United States generally; bid protests; actions involving

Tennessee Valley Authority.’’.

3 PART III—PROTESTS IN PROCUREMENTS OF

4 AUTOMATIC DATA PROCESSING

5 SEC. 41331. REVOCATION OF DELEGATIONS OF PROCURE6 MENT AUTHORITY.

7 Section 111(b)(3) of the Federal Property and Ad8 ministrative Services Act of 1949 (40 U.S.C. 759(b)(3))

9 is amended by inserting after the third sentence the fol10 lowing: ‘‘The Administrator may revoke a delegation of

11 authority with respect to a particular contract before or

12 after award of the contract, except that the Administrator

13 may revoke a delegation after the contract is awarded only

14 when there is a finding of a violation of law or regulation

15 in connection with the contract award.’’.

16 SEC. 41332. AUTHORITY OF THE GENERAL SERVICES AD17 MINISTRATION BOARD OF CONTRACT AP18 PEALS.

19 The first sentence of section 111(f)(1) of the Federal

20 Property and Administrative Services Act of 1949 (40

21 U.S.C. 759(f)(1)) is amended to read as follows: ‘‘Upon

22 request of an interested party in connection with any pro23 curement that is subject to this section (including any

24 such procurement that is subject to delegation of procure-
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1 ment authority), the board of contract appeals of the Gen2 eral Services Administration (hereafter in this subsection

3 referred to as the ‘board’) shall review, as provided in this

4 subsection, any decision by a contracting officer that is

5 alleged to violate a statute, a regulation, or the conditions

6 of a delegation of procurement authority.’’.

7 SEC. 41333. PERIODS FOR CERTAIN ACTIONS.

8 (a) SUSPENSION OF PROCUREMENT AUTHORITY.—

9 Section 111(f) of the Federal Property and Administrative

10 Services Act of 1949 (40 U.S.C. 759(f)) is amended—

11 (1) in paragraph (2) by adding at the end the

12 following new subparagraph:

13 ‘‘(C) If, in the case of a preaward protest, the board

14 suspends the procurement authority of the Administrator

15 or the Administrator’s delegation of procurement author16 ity, the Administrator or the delegate, as the case may

17 be, may continue with the procurement action up to, but

18 not including, the awarding of the contract if the Adminis19 trator or the delegate, as the case may be, determines that

20 it is in the best interests of the United States to do so.’’;

21 and

22 (2) in paragraph (3) by striking out subpara23 graph (A) and inserting in lieu thereof the following:

24 ‘‘(A)(i) If, with respect to an award of a contract,

25 the board receives notice of a protest under this subsection
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1 within the period described in clause (ii), the board shall,

2 at the request of an interested party, hold a hearing to

3 determine whether the board should suspend the procure4 ment authority of the Administrator or the Administra5 tor’s delegation of procurement authority for the protested

6 procurement on an interim basis until the board can de7 cide the protest.

8 ‘‘(ii) The period referred to in clause (i) is the period

9 beginning on the date on which the contract is awarded

10 and ending on the date that is 10 days after the date of

11 the contract award or, if later, the date that is 5 days

12 after—

13 ‘‘(I) the debriefing date offered to an unsuc14 cessful offeror for any debriefing that is requested

15 and, when requested, is required; or

16 ‘‘(II) in the case of a contract for which no de17 briefing is required, the date on which the unsuc18 cessful offeror receives the notification of contract

19 award.

20 ‘‘(iii) The board shall hold the requested hearing

21 within 5 days after the date of the filing of the protest

22 or, in the case of a request for debriefing under the provi23 sions of section 2305(b)(5) of title 10, United States Code,

24 or section 303B(e) of this Act, within 5 days after the
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1 later of the date of the filing of the protest or the date

2 of the debriefing.’’.

3 (b) FINAL DECISION.—Paragraph (4)(B) of such sec4 tion 111(f) is amended—

5 (1) by striking out ‘‘45 working days’’ and in6 serting in lieu thereof ‘‘65 days’’; and

7 (2) by adding at the end the following: ‘‘An

8 amendment which adds a new ground of protest

9 should be resolved, to the maximum extent prac10 ticable, within the time limits established for resolu11 tion of the initial protest.’’.

12 SEC. 41334. DISMISSALS OF PROTESTS.

13 Section 111(f)(4) of the Federal Property and Ad14 ministrative Services Act of 1949 (40 U.S.C. 759(f)(4))

15 is amended by striking out subparagraph (C) and insert16 ing in lieu thereof the following:

17 ‘‘(C) The board may dismiss a protest that the board

18 determines—

19 ‘‘(i) is frivolous;

20 ‘‘(ii) has been brought in bad faith; or

21 ‘‘(iii) does not state on its face a valid basis for

22 protest.’’.

23 SEC. 41335. AWARD OF COSTS.

24 Section 111(f)(5) is amended by striking out sub25 paragraph (C) and inserting in lieu thereof the following:
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1 ‘‘(C) Whenever the board makes such a determina2 tion, it may, in accordance with section 1304 of title 31,

3 United States Code, further declare an appropriate pre4 vailing party to be entitled to the cost of filing and pursu5 ing the protest (including reasonable attorney’s fees and

6 consultant and expert witness fees), and bid and proposal

7 preparation. However, no party (other than a small busi8 ness concern (within the meaning of section 3(a) of the

9 Small Business Act)) may be declared entitled to costs for

10 consultant and expert witness fees that exceed the rates

11 provided under section 504(b)(1)(A) of title 5, United

12 States Code, for expert witnesses or to costs for attorney’s

13 fees that exceed the rates provided for attorneys under

14 section 504(b)(1)(A) of title 5, United States Code.’’.

15 SEC. 41336. DISMISSAL AGREEMENTS.

16 Section 111(f)(5) of the Federal Property and Ad17 ministrative Services Act of 1949 (40 U.S.C. 759(f)(5))

18 is amended by adding at the end the following new sub19 paragraphs:

20 ‘‘(D) Any agreement that provides for the dismissal

21 of a protest and involves a direct or indirect expenditure

22 of appropriated funds shall be submitted to the board and

23 shall be made a part of the public record (subject to any

24 protective order considered appropriate by the board) be25 fore dismissal of the protest. If a Federal agency is a party
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1 to a settlement agreement, the submission of the agree2 ment submitted to the board shall include a memorandum,

3 signed by the contracting officer concerned, that describes

4 in detail the procurement, the grounds for protest, the

5 Federal Government’s position regarding the grounds for

6 protest, the terms of the settlement, and the agency’s posi7 tion regarding the propriety of the award or proposed

8 award of the contract at issue in the protest.

9 ‘‘(E) Payment of amounts due from an agency under

10 subparagraph (C) or under the terms of a settlement

11 agreement under subparagraph (D) shall be made from

12 the appropriation made by section 1304 of title 31, United

13 States Code, for the payment of judgments. The Federal

14 agency concerned shall reimburse that appropriation ac15 count out of funds available for the procurement.’’.

16 SEC. 41337. JURISDICTION OF DISTRICT COURTS.

17 Section 111(f)(6)(C) of the Federal Property and Ad18 ministrative Services Act of 1949 (40 U.S.C.

19 759(f)(6)(C)) is amended by striking out ‘‘a district court

20 of the United States or’’.

21 SEC. 41338. MATTERS TO BE COVERED IN REGULATIONS.

22 Section 111(f) of the Federal Property and Adminis23 trative Services Act of 1949 (40 U.S.C. 759(f)) is amend24 ed by striking out paragraph (8) and inserting in lieu

25 thereof the following:
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1 ‘‘(7)(A) The board shall adopt and issue such rules

2 and procedures as may be necessary to the expeditious dis3 position of protests filed under the authority of this sub4 section.

5 ‘‘(B) The procedures shall provide that, in the com6 putation of any period described in this subsection—

7 ‘‘(i) the day of the act, event, or default from

8 which the designated period of time begins to run

9 not be included; and

10 ‘‘(ii) the last day after such act, event, or de11 fault be included, unless—

12 ‘‘(I) such last day is a Saturday, a Sunday,

13 or a legal holiday; or

14 ‘‘(II) in the case of a filing of a paper at

15 the board, such last day is a day on which

16 weather or other conditions cause the closing of

17 the board or Federal agency, in which event the

18 next day that is not a Saturday, Sunday, or

19 legal holiday shall be included.

20 ‘‘(C) The procedures may provide for electronic filing

21 and dissemination of documents and information required

22 under this subsection and in so providing shall consider

23 the ability of all parties to achieve electronic access to such

24 documents and records.
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1 ‘‘(D) The procedures shall provide that if the board

2 expressly finds that a protest or a portion of a protest

3 is frivolous or has not been brought or pursued in good

4 faith, or that any person has willfully abused the board’s

5 process during the course of a protest, the board may im6 pose appropriate procedural sanctions, including dismissal

7 of the protest.’’.

8 SEC. 41339. DEFINITIONS.

9 (a) PROTEST.—Section 111(f)(9)(A) of the Federal

10 Property and Administrative Services Act of 1949 (40

11 U.S.C. 759(f)(9)(A)) is amended to read as follows:

12 ‘‘(A) the term ‘protest’ means a written objec13 tion by an interested party—

14 ‘‘(i) to a solicitation or other request by a

15 Federal agency for offers for a contract for the

16 procurement of property or services;

17 ‘‘(ii) to the cancellation of such a solicita18 tion or other request;

19 ‘‘(iii) to an award or proposed award of

20 such a contract; or

21 ‘‘(iv) to a termination or cancellation of an

22 award of such a contract, if the written objec23 tion contains an allegation that the termination

24 or cancellation is based in whole or in part on
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1 improprieties concerning the award of the con2 tract;’’.

3 (b) PREVAILING PARTY.—Section 111(f)(9) of such

4 Act is amended—

5 (1) by striking out ‘‘and’’ at the end of sub6 paragraph (A);

7 (2) by striking out the period at the end of sub8 paragraph (B) and inserting in lieu thereof ‘‘; and’’;

9 and

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

12 ‘‘(C) the term ‘prevailing party’, with respect to

13 a determination of the board under paragraph

14 (5)(B) that a challenged action of a Federal agency

15 violates a statute or regulation or the conditions of

16 a delegation of procurement authority issued pursu17 ant to this section, means a party that demonstrated

18 such violation.’’.

19 Subtitle E—Definitions and Other

20 Matters

21 PART I—ARMED SERVICES ACQUISITIONS

22 SEC. 41401. DEFINITIONS.

23 Section 2302 of title 10, United States Code, is

24 amended—
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1 (1) by striking out paragraphs (3), (4), (5), and

2 (7);

3 (2) by redesignating paragraph (6) as para4 graph (5); and

5 (3) by inserting after paragraph (2) the follow6 ing:

7 ‘‘(3) The terms ‘commercial item’, ‘commercial

8 component’, ‘full and open competition’, ‘major sys9 tem’, ‘nondevelopmental item’, ‘procurement’, ‘pro10 curement system’, ‘responsible source’, ‘standards’,

11 and ‘technical data’, have the meanings given such

12 terms in section 4 of the Office of Federal Procure13 ment Policy Act (41 U.S.C. 403).

14 ‘‘(4) The term ‘simplified acquisition threshold’

15 has the meaning given that term in section 4 of the

16 Office of Federal Procurement Policy Act (41 U.S.C.

17 403), except that, in the case of any contract to be

18 awarded and performed, or purchase to be made,

19 outside the United States in support of a contin20 gency operation, the term means an amount equal to

21 two times the amount specified for that term in sec22 tion 4 of such Act.’’.
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1 SEC. 41402. DELEGATION OF PROCUREMENT FUNCTIONS.

2 (a) CONSOLIDATION OF DELEGATION AUTHORITY.—

3 Section 2311 of title 10, United States Code, is amended

4 to read as follows:

5 ‘‘§ 2311. Delegation

6 ‘‘(a) IN GENERAL.—Except to the extent expressly

7 prohibited by another provision of law, the head of an

8 agency may delegate, subject to his direction, to any other

9 officer or official of that agency, any power under this

10 chapter.

11 ‘‘(b) PROCUREMENTS FOR OR WITH OTHER AGEN12 CIES.—Subject to subsection (a), to facilitate the procure13 ment of property and services covered by this chapter by

14 each agency named in section 2303 of this title for any

15 other agency, and to facilitate joint procurement by those

16 agencies—

17 ‘‘(1) the head of an agency may, within his

18 agency, delegate functions and assign responsibilities

19 relating to procurement;

20 ‘‘(2) the heads of two or more agencies may by

21 agreement delegate procurement functions and as22 sign procurement responsibilities from one agency to

23 another of those agencies or to an officer or civilian

24 employee of another of those agencies; and
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1 ‘‘(3) the heads of two or more agencies may

2 create joint or combined offices to exercise procure3 ment functions and responsibilities.

4 ‘‘(c) APPROVAL OF TERMINATIONS AND REDUCTIONS

5 OF JOINT ACQUISITION PROGRAMS.—(1) The Secretary

6 of Defense shall prescribe regulations that prohibit each

7 military department participating in a joint acquisition

8 program approved by the Under Secretary of Defense for

9 Acquisition and Technology from terminating or substan10 tially reducing its participation in such program without

11 the approval of the Under Secretary.

12 ‘‘(2) The regulations shall include the following provi13 sions:

14 ‘‘(A) A requirement that, before any such ter15 mination or substantial reduction in participation is

16 approved, the proposed termination or reduction be

17 reviewed by the Joint Requirements Oversight Coun18 cil of the Department of Defense.

19 ‘‘(B) A provision that authorizes the Under

20 Secretary of Defense for Acquisition and Technology

21 to require a military department approved for termi22 nation or substantial reduction in participation in a

23 joint acquisition program to continue to provide

24 some or all of the funding necessary for the acquisi-
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1 tion program to be continued in an efficient man2 ner.’’.

3 (b) CONFORMING REPEAL.—(1) Section 2308 of title

4 10, United States Code, is repealed.

5 (2) The table of sections at the beginning of chapter

6 137 of such title is amended by striking out the item relat7 ed to section 2308.

8 SEC. 41403. DETERMINATIONS AND DECISIONS.

9 Section 2310 of title 10, United States Code, is

10 amended to read as follows:

11 ‘‘§ 2310. Determinations and decisions

12 ‘‘(a) INDIVIDUAL OR CLASS DETERMINATIONS AND

13 DECISIONS AUTHORIZED.—Determinations and decisions

14 required to be made under this chapter by the head of

15 an agency may be made for an individual purchase or con16 tract or for a class of purchases or contracts. Such deter17 minations and decisions are final.

18 ‘‘(b) WRITTEN FINDINGS REQUIRED.—(1) Each de19 termination or decision under section 2306(e)(1), 2307(e),

20 or 2313(d)(2) of this title shall be based on a written find21 ing by the person making the determination or decision.

22 The finding shall set out facts and circumstances that sup23 port the determination or decision.

24 ‘‘(2) Each finding referred to in paragraph (1) shall

25 be final. The head of the agency making such finding shall
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1 maintain a copy of the finding for not less than 6 years

2 after the date of the determination or decision.’’.

3 SEC. 41404. UNDEFINITIZED CONTRACTUAL ACTIONS: RE4 STRICTIONS.

5 (a) CLARIFICATION OF LIMITATION.—Subsection (b)

6 of section 2326 of title 10, United States Code, is amend7 ed—

8 (1) in the subsection caption, by striking out

9 ‘‘AND EXPENDITURE’’;

10 (2) in paragraph (1)(B), by striking out ‘‘or ex11 pended’’;

12 (3) in paragraph (2), by striking out ‘‘expend’’

13 and inserting in lieu thereof ‘‘obligate’’; and

14 (4) in paragraph (3)—

15 (A) by striking out ‘‘expended’’ and insert16 ing in lieu thereof ‘‘obligated’’; and

17 (B) by striking out ‘‘expend’’ and inserting

18 in lieu thereof ‘‘obligate’’.

19 (b) WAIVER AUTHORITY.—Such subsection is amend20 ed—

21 (1) by redesignating paragraph (4) as para22 graph (5); and

23 (2) by inserting after paragraph (3) the follow24 ing new paragraph (4):
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1 ‘‘(4) The head of an agency may waive the provisions

2 of this subsection with respect to a contract of that agency

3 if such head of an agency determines that the waiver is

4 necessary in order to support a contingency operation.’’.

5 (c) INAPPLICABILITY OF RESTRICTIONS TO CON6 TRACTS WITHIN THE SIMPLIFIED ACQUISITION THRESH7 OLD.—Section 2326(g)(1)(B) of title 10, United States

8 Code, is amended by striking out ‘‘small purchase thresh9 old’’ and inserting in lieu thereof ‘‘simplified acquisition

10 threshold’’.

11 SEC. 41405. PRODUCTION SPECIAL TOOLING AND PRODUC12 TION SPECIAL TEST EQUIPMENT: CONTRACT

13 TERMS AND CONDITIONS.

14 (a) REPEAL.—Section 2329 of title 10, United States

15 Code, is repealed.

16 (b) TECHNICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 137 of such title is amended

18 by striking out the item related to section 2329.

19 SEC. 41406. REGULATIONS FOR BIDS.

20 Section 2381(a) of title 10, United States Code, is

21 amended by striking out ‘‘(a) The Secretary’’ and all that

22 follows through the end of paragraph (1) and inserting

23 in lieu thereof the following:

24 ‘‘(a) The Secretary of Defense or the Secretary of

25 a military department may—
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1 ‘‘(1) prescribe regulations for the preparation,

2 submission, and opening of bids for contracts; and’’.

3 PART II—CIVILIAN AGENCY ACQUISITIONS

4 SEC. 41451. DEFINITIONS.

5 Section 309(c) of the Federal Property and Adminis6 trative Services Act of 1949 (41 U.S.C. 259(c)) is amend7 ed by striking out ‘‘and ‘supplies’ ’’ and inserting in lieu

8 thereof ‘‘ ‘supplies’, ‘commercial item’, ‘commercial compo9 nent’, ‘nondevelopmental item’, and ‘simplified acquisition

10 threshold’ ’’.

11 SEC. 41452. DELEGATION OF PROCUREMENT FUNCTIONS.

12 (a) AUTHORITY.—Title III of the Federal Property

13 and Administrative Services Act of 1949 (41 U.S.C. 251

14 et seq.) is amended—

15 (1) by redesignating sections 309 and 310 as

16 sections 312 and 313, respectively; and

17 (2) by inserting after section 308 the following

18 new section 309:

19 ‘‘DELEGATION

20 ‘‘SEC. 309. (a) IN GENERAL.—Except to the extent

21 expressly prohibited by another provision of law, an agen22 cy head may delegate, subject to his direction, to any other

23 officer or official of that agency, any power under this

24 title.

25 ‘‘(b) PROCUREMENTS FOR OR WITH OTHER AGEN26 CIES.—Subject to subsection (a), to facilitate the procure-
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1 ment of property and services covered by this title by each

2 executive agency for any other executive agency, and to

3 facilitate joint procurement by those executive agencies—

4 ‘‘(1) an agency head may, within his executive

5 agency, delegate functions and assign responsibilities

6 relating to procurement;

7 ‘‘(2) the heads of two or more executive agen8 cies may by agreement delegate procurement func9 tions and assign procurement responsibilities from

10 one executive agency to another of those executive

11 agencies or to an officer or civilian employee of an12 other of those executive agencies; and

13 ‘‘(3) the heads of two or more executive agen14 cies may create joint or combined offices to exercise

15 procurement functions and responsibilities.’’.

16 (b) CLERICAL AMENDMENT.—The table of contents

17 in the first section of such Act is amended by striking out

18 the items relating to sections 309 and 310 and inserting

19 in lieu thereof the following:

‘‘Sec. 309. Delegation.

‘‘Sec. 312. Definitions.

‘‘Sec. 313. Statutes not applicable.’’.

20 SEC. 41453. DETERMINATIONS AND DECISIONS.

21 (a) IN GENERAL.—Title III of the Federal Property

22 and Administrative Services Act of 1949 (41 U.S.C. 251

23 et seq.), as amended by section 41452, is further amended
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1 by inserting after section 309 the following new section

2 310:

3 ‘‘DETERMINATIONS AND DECISIONS

4 ‘‘SEC. 310. (a) INDIVIDUAL OR CLASS DETERMINA5 TIONS AND DECISIONS AUTHORIZED.—Determinations

6 and decisions required to be made under this title by an

7 agency head may be made for an individual purchase or

8 contract or for a class of purchases or contracts. Such de9 terminations and decisions are final.

10 ‘‘(b) WRITTEN FINDINGS REQUIRED.—(1) Each de11 termination under section 305(e) shall be based on a writ12 ten finding by the person making the determination or de13 cision. The finding shall set out facts and circumstances

14 that support the determination or decision.

15 ‘‘(2) Each finding referred to in paragraph (1) shall

16 be final. The agency head making such finding shall main17 tain a copy of the finding for not less than 6 years after

18 the date of the determination or decision.’’.

19 (b) CLERICAL AMENDMENT.—The table of contents

20 in the first section of such Act, as amended by section

21 41452, is further amended by inserting after the item re22 lating to section 309 the following:

‘‘Sec. 310. Determinations and decisions.’’.
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1 SEC. 41454. COOPERATIVE PURCHASING.

2 Subsection (b) of section 201 of the Federal Property

3 and Administrative Services Act of 1949 (40 U.S.C. 481),

4 is amended to read as follows:

5 ‘‘(b)(1) The Administrator shall, as far as prac6 ticable, provide any of the services specified in subsection

7 (a) of this section to any other Federal agency, mixed8 ownership Government corporation (as defined in section

9 9101 of title 31, United States Code), or the District of

10 Columbia, upon its request.

11 ‘‘(2)(A) The Administrator may provide for the use

12 of Federal supply schedules or other contracts by any of

13 the following entities upon request:

14 ‘‘(i) A State, any department or agency of a

15 State, and any political subdivision of a State, in16 cluding a local government.

17 ‘‘(ii) The District of Columbia.

18 ‘‘(iii) The Commonwealth of Puerto Rico.

19 ‘‘(iv) The government of an Indian tribe (as de20 fined in section 4(e) of the Indian Self-Determina21 tion and Education Assistance Act (25 U.S.C.

22 450b(e))).

23 ‘‘(B) Subparagraph (A) may not be construed to au24 thorize an entity referred to in that subparagraph to order

25 existing stock or inventory from federally owned and oper-
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1 ated, or federally owned and contractor operated, supply

2 depots, warehouses, or similar facilities.

3 ‘‘(3)(A) Upon the request of a qualified nonprofit

4 agency for the blind or other severely handicapped that

5 is to provide a commodity or service to the Federal Gov6 ernment under the Javits-Wagner-O’Day Act, the Admin7 istrator may provide any of the services specified in sub8 section (a) to such agency to the extent practicable.

9 ‘‘(B) A nonprofit agency receiving services under the

10 authority of subparagraph (A) shall use the services di11 rectly in making or providing an approved commodity or

12 approved service to the Federal Government.

13 ‘‘(C) In this paragraph:

14 ‘‘(i) The term ‘qualified nonprofit agency for

15 the blind or other severely handicapped’ means—

16 ‘‘(I) a qualified nonprofit agency for the

17 blind, as defined in section 5(3) of the Javits18 Wagner-O’Day Act (41 U.S.C. 48b(3)); and

19 ‘‘(II) a qualified nonprofit agency for other

20 severely handicapped, as defined in section 5(4)

21 of such Act (41 U.S.C. 48b(4)).

22 ‘‘(ii) The terms ‘approved commodity’ and ‘ap23 proved service’ mean a commodity and a service, re24 spectively, that has been determined by the Commit25 tee for Purchase from the Blind and Other Severely
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1 Handicapped under section 2 of the Javits-Wagner2 O’Day Act (41 U.S.C. 47) to be suitable for pro3 curement by the Federal Government.

4 ‘‘(iii) The term ‘Javits-Wagner-O’Day Act’

5 means the Act entitled ‘An Act to create a Commit6 tee on Purchases of Blind-made Products, and for

7 other purposes’, approved June 25, 1938 (41 U.S.C.

8 46–48c), commonly referred to as the Wagner9 O’Day Act, that was revised and reenacted in the

10 Act of June 23, 1971 (85 Stat. 77), commonly re11 ferred to as the Javits-Wagner-O’Day Act.’’.

12 TITLE XLII—CONTRACT

13 ADMINISTRATION

14 Subtitle A—Contract Payment

15 PART I—ARMED SERVICES ACQUISITIONS

16 SEC. 42001. CONTRACT FINANCING.

17 (a) REORGANIZATION OF PRINCIPAL AUTHORITY

18 PROVISION.—Section 2307 of title 10, United States

19 Code, is amended—

20 (1) by striking out the section heading and in21 serting in lieu thereof the following:

22 ‘‘§ 2307. Contract financing’’;

23 (2) by striking out ‘‘(a) The head of an agency’’

24 and inserting in lieu thereof ‘‘(b) PAYMENT AU25 THORITY.—The head of an agency’’;
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1 (3) by striking out ‘‘(b) Payments’’ and insert2 ing in lieu thereof ‘‘(d) PAYMENT AMOUNT.—Pay3 ments’’;

4 (4) by striking out ‘‘(c) Advance payments’’ and

5 inserting in lieu thereof ‘‘(e) SECURITY FOR AD6 VANCE PAYMENTS.—Advance payments’’;

7 (5) by striking out ‘‘(d)(1) The Secretary of

8 Defense’’ and inserting in lieu thereof ‘‘(f) CONDI9 TIONS FOR PROGRESS PAYMENTS.—(1) The Sec10 retary of Defense’’; and

11 (6) by striking out ‘‘(e)(1) In any case’’ and in12 serting in lieu thereof ‘‘(h) ACTION IN CASE OF

13 FRAUD.—(1) In any case’’.

14 (b) FINANCING POLICY.—Such section, as amended

15 by subsection (a), is further amended by inserting after

16 the section heading the following new subsection (a):

17 ‘‘(a) POLICY.—Payments authorized under this sec18 tion and made for financing purposes should be made peri19 odically or, when appropriate, on an advance basis and

20 should be so made in a timely manner to facilitate contract

21 performance while protecting the security interests of the

22 Government. Government financing shall be provided only

23 to the extent necessary to ensure prompt and efficient per24 formance and only after the availability of private financ25 ing is considered. A contractor’s use of funds received as
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1 contract financing and the contractor’s financial condition

2 shall be monitored. If the contractor is a small business

3 concern, special attention shall be given to meeting the

4 contractor’s financial need.’’.

5 (c) PERFORMANCE-BASED PAYMENTS.—Such sec6 tion, as amended by subsection (a), is further amended

7 by inserting after subsection (b) the following new sub8 section (c):

9 ‘‘(c) PERFORMANCE-BASED PAYMENTS.—Whenever

10 practicable, payments under subsection (b) shall be made

11 on any of the following bases:

12 ‘‘(1) Performance measured by objective, quan13 tifiable methods such as receipt of items by the Fed14 eral Government, work measurement, or statistical

15 process controls.

16 ‘‘(2) Accomplishment of events defined in the

17 program management plan.

18 ‘‘(3) Other quantifiable measures of results.’’.

19 (d) TERMINOLOGY CORRECTION.—Such section, as

20 amended by subsection (a)(2), is further amended in sub21 section (b)(2) by striking out ‘‘bid’’.

22 (e) EFFECTIVE DATE OF LIEN RELATED TO AD23 VANCE PAYMENTS.—Such section, as amended by sub24 section (a)(4), is further amended in subsection (e) by in25 serting before the period at the end of the third sentence
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1 the following: ‘‘and is effective immediately upon the first

2 advancement of funds without filing, notice, or any other

3 action by the United States’’.

4 (f) CONDITIONS FOR PROGRESS PAYMENTS.—Such

5 section, as amended by subsection (a)(5), is further

6 amended in subsection (f)—

7 (1) in the first sentence of paragraph (1), by

8 striking out ‘‘work, which’’ and all that follows

9 through ‘‘accomplished’’ and inserting in lieu thereof

10 ‘‘work accomplished that meets standards estab11 lished under the contract’’; and

12 (2) by striking out paragraph (3) and inserting

13 in lieu thereof the following:

14 ‘‘(3) This subsection applies to a contract for an

15 amount equal to or greater than the simplified acquisition

16 threshold.’’.

17 (g) NAVY CONTRACTS.—Such section, as amended by

18 subsection (a)(5), is further amended by inserting after

19 subsection (f) the following new subsection (g):

20 ‘‘(g) CERTAIN NAVY CONTRACTS.—(1) The Sec21 retary of the Navy shall provide that the rate for progress

22 payments on any contract awarded by the Secretary for

23 repair, maintenance, or overhaul of a naval vessel shall

24 be not less than—
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1 ‘‘(A) 95 percent, in the case of firms considered

2 to be small businesses; and

3 ‘‘(B) 90 percent, in the case of all other firms.

4 ‘‘(2) The Secretary of the Navy may advance to pri5 vate salvage companies such funds as the Secretary con6 siders necessary to provide for the immediate financing

7 of salvage operations. Advances under this paragraph shall

8 be made on terms that the Secretary considers adequate

9 for the protection of the United States.

10 ‘‘(3) The Secretary of the Navy shall ensure that,

11 when partial, progress, or other payments are made under

12 a contract for construction or conversion of a naval vessel,

13 the United States is secured by a lien upon work in

14 progress and on property acquired for performance of the

15 contract on account of all payments so made. The lien is

16 paramount to all other liens.’’.

17 (h) RELATIONSHIP TO PROMPT PAYMENT REQUIRE18 MENTS.—Section 2307(f) of title 10, United States Code,

19 as amended by subsection (f), is not intended to impair

20 or modify procedures required by the provisions of chapter

21 39 of title 31, United States Code, and the regulations

22 issued pursuant to such provisions of law, that relate to

23 progress payment requests, as such procedures are in ef24 fect on the date of the enactment of this division.

25 (i) CONFORMING AND CLERICAL AMENDMENTS.—
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1 (1) CROSS REFERENCE.—Such section, as

2 amended by subsection (a), is further amended in

3 subsections (d) and (e) by striking out ‘‘subsection

4 (a)’’ and inserting in lieu thereof ‘‘subsection (b)’’.

5 (2) TABLE OF CONTENTS.—The table of sec6 tions at the beginning of chapter 137 of title 10,

7 United States Code, is amended by striking out the

8 item relating to section 2307 and inserting in lieu

9 thereof the following:

‘‘2307. Contract financing.’’.

10 (j) REPEAL OF SUPERSEDED PROVISIONS.—

11 (1) PROGRESS PAYMENTS UNDER CERTAIN

12 NAVY CONTRACTS.—

13 (A) REPEAL.—Section 7312 of title 10,

14 United States Code, is repealed.

15 (B) CLERICAL AMENDMENT.—The table of

16 sections at the beginning of chapter 633 of such

17 title is amended by striking out the item relat18 ing to section 7312.

19 (2) ADVANCEMENT OF PAYMENTS FOR NAVY

20 SALVAGE OPERATIONS.—

21 (A) REPEAL.—Section 7364 of such title is

22 repealed.

23 (B) CLERICAL AMENDMENT.—The table of

24 sections at the beginning of chapter 637 of such
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1 title is amended by striking out the item relat2 ing to section 7364.

3 (3) PARTIAL PAYMENTS UNDER NAVY CON4 TRACTS.—

5 (A) REPEAL.—Section 7521 of such title is

6 repealed.

7 (B) CLERICAL AMENDMENT.—The table of

8 sections at the beginning of chapter 645 of such

9 title is amended by striking out the item relat10 ing to section 7521.

11 SEC. 42002. CONTRACTS: VOUCHERING PROCEDURES.

12 (a) REPEAL.—Section 2355 of title 10, United States

13 Code, is repealed.

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

15 at the beginning of chapter 139 of such title is amended

16 by striking out the item relating to section 2355.

17 PART II—CIVILIAN AGENCY ACQUISITIONS

18 SEC. 42051. CONTRACT FINANCING.

19 (a) REORGANIZATION OF PRINCIPAL AUTHORITY

20 PROVISION.—Section 305 of the Federal Property and

21 Administrative Services Act of 1949 (41 U.S.C. 255) is

22 amended—

23 (1) by striking out the section heading and in24 serting in lieu thereof the following:
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1 ‘‘CONTRACT FINANCING’’;

2 (2) by striking out ‘‘(a) Any executive agency’’

3 and inserting in lieu thereof ‘‘(b) PAYMENT AU4 THORITY.—Any executive agency’’;

5 (3) by striking out ‘‘(b) Payments’’ and insert6 ing in lieu thereof ‘‘(d) PAYMENT AMOUNT.—Pay7 ments’’; and

8 (4) by striking out ‘‘(c) Advance payments’’ and

9 inserting in lieu thereof ‘‘(e) SECURITY FOR AD10 VANCE PAYMENTS.—Advance payments’’.

11 (b) FINANCING POLICY.—Such section, as amended

12 by subsection (a), is further amended by inserting after

13 the section heading the following new subsection (a):

14 ‘‘(a) POLICY.—Payments authorized under this sec15 tion and made for financing purposes should be made peri16 odically or, when appropriate, on an advance basis and

17 should be so made in a timely manner to facilitate contract

18 performance while protecting the security interests of the

19 Government. Government financing shall be provided only

20 to the extent necessary to ensure prompt and efficient per21 formance and only after the availability of private financ22 ing is considered. A contractor’s use of funds received as

23 contract financing and the contractor’s financial condition

24 shall be monitored. If the contractor is a small business
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1 concern, special attention shall be given to meeting the

2 contractor’s financial need.’’.

3 (c) PERFORMANCE-BASED PAYMENTS.—Such sec4 tion, as amended by subsection (a), is further amended

5 by inserting after subsection (b) the following new sub6 section (c):

7 ‘‘(c) PERFORMANCE-BASED PAYMENTS.—Whenever

8 practicable, payments under subsection (b) shall be made

9 on any of the following bases:

10 ‘‘(1) Performance measured by objective, quan11 tifiable methods such as receipt of items by the Fed12 eral Government, work measurement, or statistical

13 process controls.

14 ‘‘(2) Accomplishment of events defined in the

15 program management plan.

16 ‘‘(3) Other quantifiable measures of results.’’.

17 (d) TERMINOLOGY CORRECTION.—Such section, as

18 amended by subsection (a)(2), is further amended in sub19 section (b)(2) by striking out ‘‘bid’’.

20 (e) EFFECTIVE DATE OF LIEN RELATED TO AD21 VANCE PAYMENTS.—Such section, as amended by sub22 section (a)(4), is further amended in subsection (e) by in23 serting before the period at the end of the third sentence

24 the following: ‘‘and is effective immediately upon the first
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1 advancement of funds without filing, notice, or any other

2 action by the United States’’.

3 (f) REVISION OF CIVILIAN AGENCY PROVISION TO

4 ENSURE UNIFORM REQUIREMENTS FOR PROGRESS PAY5 MENTS.—

6 (1) IN GENERAL.—Such section, as amended by

7 subsection (a), is further amended by adding at the

8 end the following:

9 ‘‘(f) CONDITIONS FOR PROGRESS PAYMENTS.—(1)

10 The agency head shall ensure that any payment for work

11 in progress (including materials, labor, and other items)

12 under a contract of an executive agency that provides for

13 such payments is commensurate with the work accom14 plished that meets standards established under the con15 tract. The contractor shall provide such information and

16 evidence as the agency head determines necessary to per17 mit the agency head to carry out the preceding sentence.

18 ‘‘(2) The agency head shall ensure that progress pay19 ments referred to in paragraph (1) are not made for more

20 than 80 percent of the work accomplished under the con21 tract so long as the agency head has not made the contrac22 tual terms, specifications, and price definite.

23 ‘‘(3) This subsection applies to a contract for an

24 amount equal to or greater than the simplified acquisition

25 threshold.
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1 ‘‘(g) ACTION IN CASE OF FRAUD.—(1) In any case

2 in which the remedy coordination official of an executive

3 agency finds that there is substantial evidence that the

4 request of a contractor for advance, partial, or progress

5 payment under a contract awarded by that executive agen6 cy is based on fraud, the remedy coordination official shall

7 recommend that the agency head reduce or suspend fur8 ther payments to such contractor.

9 ‘‘(2) An agency head receiving a recommendation

10 under paragraph (1) in the case of a contractor’s request

11 for payment under a contract shall determine whether

12 there is substantial evidence that the request is based on

13 fraud. Upon making such a determination, the agency

14 head may reduce or suspend further payments to the con15 tractor under such contract.

16 ‘‘(3) The extent of any reduction or suspension of

17 payments by an agency head under paragraph (2) on the

18 basis of fraud shall be reasonably commensurate with the

19 anticipated loss to the United States resulting from the

20 fraud.

21 ‘‘(4) A written justification for each decision of the

22 agency head whether to reduce or suspend payments

23 under paragraph (2), and for each recommendation re24 ceived by the agency head in connection with such deci-
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1 sion, shall be prepared and be retained in the files of the

2 executive agency.

3 ‘‘(5) Each agency head shall prescribe procedures to

4 ensure that, before the agency head decides to reduce or

5 suspend payments in the case of a contractor under para6 graph (2), the contractor is afforded notice of the pro7 posed reduction or suspension and an opportunity to sub8 mit matters to the head of the agency in response to such

9 proposed reduction or suspension.

10 ‘‘(6) Not later than 180 days after the date on which

11 an agency head reduces or suspends payments to a con12 tractor under paragraph (2), the remedy coordination offi13 cial of the executive agency shall—

14 ‘‘(A) review the determination of fraud on

15 which the reduction or suspension is based; and

16 ‘‘(B) transmit a recommendation to the agency

17 head whether the suspension or reduction should

18 continue.

19 ‘‘(7) Each agency head who receives recommenda20 tions made by a remedy coordination official of the execu21 tive agency to reduce or suspend payments under para22 graph (2) during a fiscal year shall prepare for such year

23 a report that contains the recommendations, the actions

24 taken on the recommendations and the reasons for such

25 actions, and an assessment of the effects of such actions
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1 on the Federal Government. Any such report shall be

2 available to any Member of Congress upon request.

3 ‘‘(8) An agency head may not delegate responsibilities

4 under this subsection to any person in a position below

5 level IV of the Executive Schedule.

6 ‘‘(9) In this subsection, the term ‘remedy coordina7 tion official’, with respect to an executive agency, means

8 the person or entity in that executive agency who coordi9 nates within that executive agency the administration of

10 criminal, civil, administrative, and contractual remedies

11 resulting from investigations of fraud or corruption related

12 to procurement activities.’’.

13 (2) RELATIONSHIP TO PROMPT PAYMENT RE14 QUIREMENTS.—The amendment made by paragraph

15 (1) is not intended to impair or modify procedures

16 required by the provisions of chapter 39 of title 31,

17 United States Code, and the regulations issued pur18 suant to such provisions of law, that relate to

19 progress payment requests, as such procedures are

20 in effect on the date of the enactment of this divi21 sion.

22 (g) CONFORMING AND CLERICAL AMENDMENTS.—

23 (1) REFERENCE.—Section 305 of the Federal

24 Property and Administrative Services Act of 1949,

25 as amended by subsection (a), is further amended in
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1 subsections (d) and (e) by striking out ‘‘subsection

2 (a)’’ and inserting in lieu thereof ‘‘subsection (b)’’.

3 (2) TABLE OF CONTENTS.—The table of con4 tents in the first section of such Act is amended by

5 striking out the item relating to section 305 and in6 serting in lieu thereof the following:

‘‘Sec. 305. Contract financing.’’.

7 Subtitle B—Cost Principles

8 PART I—ARMED SERVICES ACQUISITIONS

9 SEC. 42101. ALLOWABLE CONTRACT COSTS.

10 (a) UNALLOWABILITY OF COSTS TO INFLUENCE

11 LOCAL LEGISLATIVE BODIES.—Subsection (e)(1)(B) of

12 section 2324 of title 10, United States Code, is amended

13 by striking out ‘‘or a State legislature’’ and inserting in

14 lieu thereof ‘‘, a State legislature, or a legislative body of

15 a political subdivision of a State’’.

16 (b) COMPTROLLER GENERAL EVALUATION.—Section

17 2324 of such title is amended by striking out subsection

18 (l).

19 (c) COVERED CONTRACT DEFINED.—Subsection (m)

20 of such section is amended to read as follows:

21 ‘‘(l)(1) In this section, the term ‘covered contract’

22 means a contract for an amount in excess of $500,000

23 that is entered into by the Department of Defense, except

24 that such term does not include a fixed-price contract

25 without cost incentives.
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1 ‘‘(2) Effective on October 1 of each year that is divis2 ible by 5, the amount set forth in paragraph (1) shall be

3 adjusted to the amount that is equal to the fiscal year

4 1994 constant dollar value of the amount set forth. An

5 amount, as so adjusted, that is not evenly divisible by

6 $50,000 shall be rounded to the nearest multiple of

7 $50,000. In the case of an amount that is evenly divisible

8 by $25,000 but is not evenly divisible by $50,000, the

9 amount shall be rounded to the next higher multiple of

10 $50,000.’’.

11 SEC. 42102. CONTRACT PROFIT CONTROLS DURING EMER12 GENCY PERIODS.

13 (a) REPEAL.—Section 2382 of title 10, United States

14 Code, is repealed.

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

16 at the beginning of chapter 141 of such title is amended

17 by striking out the item relating to section 2382.

18 PART II—CIVILIAN AGENCY ACQUISITIONS

19 SEC. 42151. ALLOWABLE CONTRACT COSTS.

20 (a) REVISION OF CIVILIAN AGENCY PROVISION TO

21 ENSURE UNIFORM TREATMENT OF CONTRACT COSTS.—

22 Section 306 of the Federal Property and Administrative

23 Services Act of 1949 (41 U.S.C. 256) is amended to read

24 as follows:
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1 ‘‘ALLOWABLE COSTS

2 ‘‘SEC. 306. (a) INDIRECT COST THAT VIOLATES A

3 FAR COST PRINCIPLE.—The head of an executive agency

4 shall require that a covered contract provide that if the

5 contractor submits to the executive agency a proposal for

6 settlement of indirect costs incurred by the contractor for

7 any period after such costs have been accrued and if that

8 proposal includes the submission of a cost which is unal9 lowable because the cost violates a cost principle in the

10 Federal Acquisition Regulation or an executive agency’s

11 supplement to the Federal Acquisition Regulation, the cost

12 shall be disallowed.

13 ‘‘(b) PENALTY FOR VIOLATION OF COST PRIN14 CIPLE.—(1) If the agency head determines that a cost

15 submitted by a contractor in its proposal for settlement

16 is expressly unallowable under a cost principle referred to

17 in subsection (a) that defines the allowability of specific

18 selected costs, the agency head shall assess a penalty

19 against the contractor in an amount equal to—

20 ‘‘(A) the amount of the disallowed cost allo21 cated to covered contracts for which a proposal for

22 settlement of indirect costs has been submitted; plus

23 ‘‘(B) interest (to be computed based on regula24 tions issued by the agency head) to compensate the

25 United States for the use of any funds which a con-
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1 tractor has been paid in excess of the amount to

2 which the contractor was entitled.

3 ‘‘(2) If the agency head determines that a proposal

4 for settlement of indirect costs submitted by a contractor

5 includes a cost determined to be unallowable in the case

6 of such contractor before the submission of such proposal,

7 the agency head shall assess a penalty against the contrac8 tor in an amount equal to two times the amount of the

9 disallowed cost allocated to covered contracts for which a

10 proposal for settlement of indirect costs has been submit11 ted.

12 ‘‘(c) WAIVER OF PENALTY.—In accordance with the

13 Federal Acquisition Regulation, the agency head may

14 waive a penalty under subsection (b) in the case of a con15 tractor’s proposal for settlement of indirect costs when—

16 ‘‘(1) the contractor withdraws the proposal be17 fore the formal initiation of an audit of the proposal

18 by the Federal Government and resubmits a revised

19 proposal;

20 ‘‘(2) the amount of unallowable costs subject to

21 the penalty is insignificant; or

22 ‘‘(3) the contractor demonstrates, to the con23 tracting officer’s satisfaction, that—

24 ‘‘(A) it has established appropriate policies

25 and personnel training and an internal control
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1 and review system that provide assurances that

2 unallowable costs subject to penalties are pre3 cluded from being included in the contractor’s

4 proposal for settlement of indirect costs; and

5 ‘‘(B) the unallowable costs subject to the

6 penalty were inadvertently incorporated into the

7 proposal.

8 ‘‘(d) APPLICABILITY OF CONTRACT DISPUTES PRO9 CEDURE TO DISALLOWANCE OF COST AND ASSESSMENT

10 OF PENALTY.—An action of an agency head under sub11 section (a) or (b)—

12 ‘‘(1) shall be considered a final decision for the

13 purposes of section 6 of the Contract Disputes Act

14 of 1978 (41 U.S.C. 605); and

15 ‘‘(2) is appealable in the manner provided in

16 section 7 of such Act.

17 ‘‘(e) SPECIFIC COSTS NOT ALLOWABLE.—(1) The

18 following costs are not allowable under a covered contract:

19 ‘‘(A) Costs of entertainment, including amuse20 ment, diversion, and social activities, and any costs

21 directly associated with such costs (such as tickets

22 to shows or sports events, meals, lodging, rentals,

23 transportation, and gratuities).

24 ‘‘(B) Costs incurred to influence (directly or in25 directly) legislative action on any matter pending be-
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1 fore Congress, a State legislature, or a legislative

2 body of a political subdivision of a State.

3 ‘‘(C) Costs incurred in defense of any civil or

4 criminal fraud proceeding or similar proceeding (in5 cluding filing of any false certification) brought by

6 the United States where the contractor is found lia7 ble or had pleaded nolo contendere to a charge of

8 fraud or similar proceeding (including filing of a

9 false certification).

10 ‘‘(D) Payments of fines and penalties resulting

11 from violations of, or failure to comply with, Fed12 eral, State, local, or foreign laws and regulations, ex13 cept when incurred as a result of compliance with

14 specific terms and conditions of the contract or spe15 cific written instructions from the contracting officer

16 authorizing in advance such payments in accordance

17 with the Federal Acquisition Regulation.

18 ‘‘(E) Costs of membership in any social, dining,

19 or country club or organization.

20 ‘‘(F) Costs of alcoholic beverages.

21 ‘‘(G) Contributions or donations, regardless of

22 the recipient.

23 ‘‘(H) Costs of advertising designed to promote

24 the contractor or its products.
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1 ‘‘(I) Costs of promotional items and memora2 bilia, including models, gifts, and souvenirs.

3 ‘‘(J) Costs for travel by commercial aircraft

4 which exceed the amount of the standard commercial

5 fare.

6 ‘‘(K) Costs incurred in making any payment

7 (commonly known as a ‘golden parachute payment’)

8 which is—

9 ‘‘(i) in an amount in excess of the normal

10 severance pay paid by the contractor to an em11 ployee upon termination of employment; and

12 ‘‘(ii) is paid to the employee contingent

13 upon, and following, a change in management

14 control over, or ownership of, the contractor or

15 a substantial portion of the contractor’s assets.

16 ‘‘(L) Costs of commercial insurance that pro17 tects against the costs of the contractor for correc18 tion of the contractor’s own defects in materials or

19 workmanship.

20 ‘‘(M) Costs of severance pay paid by the con21 tractor to foreign nationals employed by the contrac22 tor under a service contract performed outside the

23 United States, to the extent that the amount of sev24 erance pay paid in any case exceeds the amount paid

25 in the industry involved under the customary or pre-
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1 vailing practice for firms in that industry providing

2 similar services in the United States, as determined

3 in accordance with the Federal Acquisition Regula4 tion.

5 ‘‘(N) Costs of severance pay paid by the con6 tractor to a foreign national employed by the con7 tractor under a service contract performed in a for8 eign country if the termination of the employment of

9 the foreign national is the result of the closing of,

10 or the curtailment of activities at, a United States

11 facility in that country at the request of the govern12 ment of that country.

13 ‘‘(O) Costs incurred by a contractor in connec14 tion with any criminal, civil, or administrative pro15 ceeding commenced by the United States or a State,

16 to the extent provided in subsection (k).

17 ‘‘(2)(A) Subject to the availability of appropriations,

18 the head of an executive agency, in awarding a covered

19 contract, may waive in accordance with the Federal Acqui20 sition Regulation the application of the provisions of para21 graphs (1)(M) and (1)(N) to that contract if the agency

22 head determines that—

23 ‘‘(i) the application of such provisions to the

24 contract would adversely affect the continuation of a

25 program, project, or activity that provides significant
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1 support services for employees of the executive agen2 cy posted outside the United States;

3 ‘‘(ii) the contractor has taken (or has estab4 lished plans to take) appropriate actions within the

5 contractor’s control to minimize the amount and

6 number of incidents of the payment of severance pay

7 by the contractor to employees under the contract

8 who are foreign nationals; and

9 ‘‘(iii) the payment of severance pay is necessary

10 in order to comply with a law that is generally appli11 cable to a significant number of businesses in the

12 country in which the foreign national receiving the

13 payment performed services under the contract or is

14 necessary to comply with a collective bargaining

15 agreement.

16 ‘‘(B) The head of the executive agency concerned

17 shall include in the solicitation for a covered contract a

18 statement indicating—

19 ‘‘(i) that a waiver has been granted under sub20 paragraph (A) for the contract; or

21 ‘‘(ii) whether the agency head will consider

22 granting such a waiver, and, if the agency head will

23 consider granting a waiver, the criteria to be used in

24 granting the waiver.
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1 ‘‘(C) The agency head shall make the final determina2 tion regarding whether to grant a waiver under subpara3 graph (A) with respect to a covered contract before award

4 of the contract.

5 ‘‘(3) The head of each executive agency shall imple6 ment this section with respect to contracts of that execu7 tive agency in accordance with the Federal Acquisition

8 Regulation. The provisions of the Federal Acquisition ap9 plicable to the implementation of this section may include

10 definitions, exclusions, limitations, and qualifications.

11 ‘‘(f) REQUIRED REGULATIONS.—(1) The Federal Ac12 quisition Regulation referred to in section 25(c)(1) of the

13 Office of Federal Procurement Policy Act (41 U.S.C.

14 421(c)(1)) shall contain provisions on the allowability of

15 contractor costs. Such provisions shall define in detail and

16 in specific terms those costs which are unallowable, in

17 whole or in part, under covered contracts. The regulations

18 shall, at a minimum, clarify the cost principles applicable

19 to contractor costs of the following:

20 ‘‘(A) Air shows.

21 ‘‘(B) Membership in civic, community, and pro22 fessional organizations.

23 ‘‘(C) Recruitment.

24 ‘‘(D) Employee morale and welfare.
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1 ‘‘(E) Actions to influence (directly or indirectly)

2 executive branch action on regulatory and contract

3 matters (other than costs incurred in regard to con4 tract proposals pursuant to solicited or unsolicited

5 bids).

6 ‘‘(F) Community relations.

7 ‘‘(G) Dining facilities.

8 ‘‘(H) Professional and consulting services, in9 cluding legal services.

10 ‘‘(I) Compensation.

11 ‘‘(J) Selling and marketing.

12 ‘‘(K) Travel.

13 ‘‘(L) Public relations.

14 ‘‘(M) Hotel and meal expenses.

15 ‘‘(N) Expense of corporate aircraft.

16 ‘‘(O) Company-furnished automobiles.

17 ‘‘(P) Advertising.

18 ‘‘(2) The Federal Acquisition Regulation shall require

19 that a contracting officer not resolve any questioned costs

20 until the contracting officer has obtained—

21 ‘‘(A) adequate documentation with respect to

22 such costs; and

23 ‘‘(B) the opinion of the executive agency’s con24 tract auditor on the allowability of such costs.
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1 ‘‘(3) The Federal Acquisition Regulation shall pro2 vide that, to the maximum extent practicable, an executive

3 agency’s contract auditor be present at any negotiation or

4 meeting with the contractor regarding a determination of

5 the allowability of indirect costs of the contractor.

6 ‘‘(4) The Federal Acquisition Regulation shall require

7 that all categories of costs designated in the report of an

8 executive agency’s contract auditor as questioned with re9 spect to a proposal for settlement be resolved in such a

10 manner that the amount of the individual questioned costs

11 that are paid will be reflected in the settlement.

12 ‘‘(g) APPLICABILITY OF REQUIRED REGULATIONS TO

13 SUBCONTRACTORS.—The regulations prescribed to carry

14 out subsections (e) and (f)(1) shall require, to the maxi15 mum extent practicable, that such regulations apply to all

16 subcontractors of a covered contract.

17 ‘‘(h) CONTRACTOR CERTIFICATION REQUIRED.—(1)

18 A proposal for settlement of indirect costs applicable to

19 a covered contract shall include a certification by an offi20 cial of the contractor that, to the best of the certifying

21 official’s knowledge and belief, all indirect costs included

22 in the proposal are allowable. Any such certification shall

23 be in a form prescribed by the agency head concerned.

24 ‘‘(2) The agency head concerned may, in an excep25 tional case, waive the requirement for certification under
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1 paragraph (1) in the case of any contract if the agency

2 head—

3 ‘‘(A) determines in such case that it would be

4 in the interest of the United States to waive such

5 certification; and

6 ‘‘(B) states in writing the reasons for that de7 termination and makes such determination available

8 to the public.

9 ‘‘(i) PENALTIES FOR SUBMISSION OF COST KNOWN

10 AS NOT ALLOWABLE.—The submission to an executive

11 agency of a proposal for settlement of costs for any period

12 after such costs have been accrued that includes a cost

13 that is expressly specified by statute or regulation as being

14 unallowable, with the knowledge that such cost is unallow15 able, shall be subject to the provisions of section 287 of

16 title 18, United States Code, and section 3729 of title 31,

17 United States Code.

18 ‘‘(j) CONTRACTOR TO HAVE BURDEN OF PROOF.—

19 In a proceeding before a board of contract appeals, the

20 United States Court of Federal Claims, or any other Fed21 eral court in which the reasonableness of indirect costs for

22 which a contractor seeks reimbursement from the United

23 States is in issue, the burden of proof shall be upon the

24 contractor to establish that those costs are reasonable.
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1 ‘‘(k) PROCEEDING COSTS NOT ALLOWABLE.—(1)

2 Except as otherwise provided in this subsection, costs in3 curred by a contractor in connection with any criminal,

4 civil, or administrative proceeding commenced by the

5 United States or a State are not allowable as reimbursable

6 costs under a covered contract if the proceeding (A) re7 lates to a violation of, or failure to comply with, a Federal

8 or State statute or regulation, and (B) results in a disposi9 tion described in paragraph (2).

10 ‘‘(2) A disposition referred to in paragraph (1)(B) is

11 any of the following:

12 ‘‘(A) In the case of a criminal proceeding, a

13 conviction (including a conviction pursuant to a plea

14 of nolo contendere) by reason of the violation or fail15 ure referred to in paragraph (1).

16 ‘‘(B) In the case of a civil or administrative

17 proceeding involving an allegation of fraud or similar

18 misconduct, a determination of contractor liability

19 on the basis of the violation or failure referred to in

20 paragraph (1).

21 ‘‘(C) In the case of any civil or administrative

22 proceeding, the imposition of a monetary penalty by

23 reason of the violation or failure referred to in para24 graph (1).

25 ‘‘(D) A final decision—
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1 ‘‘(i) to debar or suspend the contractor,

2 ‘‘(ii) to rescind or void the contract, or

3 ‘‘(iii) to terminate the contract for default,

4 by reason of the violation or failure referred to in

5 paragraph (1).

6 ‘‘(E) A disposition of the proceeding by consent

7 or compromise if such action could have resulted in

8 a disposition described in subparagraph (A), (B),

9 (C), or (D).

10 ‘‘(3) In the case of a proceeding referred to in para11 graph (1) that is commenced by the United States and

12 is resolved by consent or compromise pursuant to an

13 agreement entered into by a contractor and the United

14 States, the costs incurred by the contractor in connection

15 with such proceeding that are otherwise not allowable as

16 reimbursable costs under such paragraph may be allowed

17 to the extent specifically provided in such agreement.

18 ‘‘(4) In the case of a proceeding referred to in para19 graph (1) that is commenced by a State, the agency head

20 that awarded the covered contract involved in the proceed21 ing may allow the costs incurred by the contractor in con22 nection with such proceeding as reimbursable costs if the

23 agency head determines, under regulations prescribed by

24 such agency head, that the costs were incurred as a result
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1 of (A) a specific term or condition of the contract, or (B)

2 specific written instructions of the agency.

3 ‘‘(5)(A) Except as provided in subparagraph (C),

4 costs incurred by a contractor in connection with a crimi5 nal, civil, or administrative proceeding commenced by the

6 United States or a State in connection with a covered con7 tract may be allowed as reimbursable costs under the con8 tract if such costs are not disallowable under paragraph

9 (1), but only to the extent provided in subparagraph (B).

10 ‘‘(B)(i) The amount of the costs allowable under sub11 paragraph (A) in any case may not exceed the amount

12 equal to 80 percent of the amount of the costs incurred,

13 to the extent that such costs are determined to be other14 wise allowable and allocable under the Federal Acquisition

15 Regulations.

16 ‘‘(ii) Regulations issued for the purpose of clause (i)

17 shall provide for appropriate consideration of the complex18 ity of procurement litigation, generally accepted principles

19 governing the award of legal fees in civil actions involving

20 the United States as a party, and such other factors as

21 may be appropriate.

22 ‘‘(C) In the case of a proceeding referred to in sub23 paragraph (A), contractor costs otherwise allowable as re24 imbursable costs under this paragraph are not allowable

25 if (i) such proceeding involves the same contractor mis-
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1 conduct alleged as the basis of another criminal, civil, or

2 administrative proceeding, and (ii) the costs of such other

3 proceeding are not allowable under paragraph (1).

4 ‘‘(6) In this subsection:

5 ‘‘(A) The term ‘proceeding’ includes an inves6 tigation.

7 ‘‘(B) The term ‘costs’, with respect to a pro8 ceeding—

9 ‘‘(i) means all costs incurred by a contrac10 tor, whether before or after the commencement

11 of any such proceeding; and

12 ‘‘(ii) includes—

13 ‘‘(I) administrative and clerical ex14 penses;

15 ‘‘(II) the cost of legal services, includ16 ing legal services performed by an em17 ployee of the contractor;

18 ‘‘(III) the cost of the services of ac19 countants and consultants retained by the

20 contractor; and

21 ‘‘(IV) the pay of directors, officers,

22 and employees of the contractor for time

23 devoted by such directors, officers, and em24 ployees to such proceeding.
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1 ‘‘(C) The term ‘penalty’ does not include res2 titution, reimbursement, or compensatory damages.

3 ‘‘(l) COVERED CONTRACT DEFINED.—(1) In this sec4 tion, the term ‘covered contract’ means a contract for an

5 amount in excess of $500,000 that is entered into by an

6 executive agency, except that such term does not include

7 a fixed-price contract without cost incentives.

8 ‘‘(2) Effective on October 1 of each year that is divis9 ible by 5, the amount set forth in paragraph (1) shall be

10 adjusted to the amount that is equal to the fiscal year

11 1994 constant dollar value of the amount set forth. An

12 amount, as so adjusted, that is not evenly divisible by

13 $50,000 shall be rounded to the nearest multiple of

14 $50,000. In the case of an amount that is evenly divisible

15 by $25,000 but is not evenly divisible by $50,000, the

16 amount shall be rounded to the next higher multiple of

17 $50,000.’’.

18 (b) CLERICAL AMENDMENT.—The table of contents

19 in the first section of such Act is amended by striking out

20 the item relating to section 306 and inserting in lieu there21 of the following:

‘‘Sec. 306. Allowable costs.’’.
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1 PART III—ACQUISITIONS GENERALLY

2 SEC. 42191. TRAVEL EXPENSES OF GOVERNMENT CONTRAC3 TORS.

4 Section 24 of the Office of Federal Procurement Pol5 icy Act (41 U.S.C. 420) is repealed.

6 SEC. 42192. UNALLOWABILITY OF ENTERTAINMENT COSTS

7 UNDER COVERED CONTRACTS.

8 Not later than 90 days after the date of the enact9 ment of this division, the Federal Acquisition Regulatory

10 Council shall amend the cost principle in the Federal Ac11 quisition Regulation that is set out in section 31.205–14

12 of title 48, Code of Federal Regulations, relating to

13 unallowability of entertainment costs—

14 (1) by inserting in the cost principle a state15 ment that costs made specifically unallowable under

16 that cost principle are not allowable under any other

17 cost principle; and

18 (2) by striking out ‘‘(but see 31.205–1 and

19 31.205–13)’’.

20 Subtitle C—Audit and Access to

21 Records

22 PART I—ARMED SERVICES ACQUISITIONS

23 SEC. 42201. CONSOLIDATION AND REVISION OF AUTHORITY

24 TO EXAMINE RECORDS OF CONTRACTORS.

25 (a) AUTHORITY.—
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1 (1) IN GENERAL.—Section 2313 of title 10,

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

3 ‘‘§ 2313. Examination of records of contractor

4 ‘‘(a) AGENCY AUTHORITY.—The head of an agency,

5 acting through an authorized representative—

6 ‘‘(1) is entitled to inspect the plant and audit

7 the records of—

8 ‘‘(A) a contractor performing a cost-reim9 bursement, incentive, time-and-materials, labor10 hour, or price-redeterminable contract, or any

11 combination of such contracts, made by that

12 agency under this chapter; and

13 ‘‘(B) a subcontractor performing any cost14 reimbursement, incentive, time-and-materials,

15 labor-hour, or price-redeterminable subcontract

16 under a contract referred to in subparagraph

17 (A) or under any combination of such contracts;

18 and

19 ‘‘(2) shall, for the purpose of evaluating the ac20 curacy, completeness, and currency of cost or pricing

21 data required to be submitted pursuant to section

22 2306a of this title with respect to a contract or sub23 contract, have the right to examine all records of the

24 contractor or subcontractor related to—
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1 ‘‘(A) the proposal for the contract or sub2 contract;

3 ‘‘(B) the discussions conducted on the pro4 posal;

5 ‘‘(C) pricing of the contract or subcontract;

6 or

7 ‘‘(D) performance of the contract or sub8 contract.

9 ‘‘(b) LIMITATION ON PREAWARD AUDITS RELATING

10 TO INDIRECT COSTS.—The head of an agency may not

11 perform a preaward audit to evaluate proposed indirect

12 costs under any contract, subcontract, or modification to

13 be entered into in accordance with this chapter in any case

14 in which the contracting officer determines that the objec15 tives of the audit can reasonably be met by accepting the

16 results of an audit conducted by any other department or

17 agency of the Federal Government within one year preced18 ing the date of the contracting officer’s determination.

19 ‘‘(c) SUBPOENA POWER.—(1) The Director of the

20 Defense Contract Audit Agency (or any successor agency)

21 may require by subpoena the production of records of a

22 contractor, access to which is provided to the Secretary

23 of Defense or Secretary of a military department by sub24 section (a).
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1 ‘‘(2) Any such subpoena, in the case of contumacy

2 or refusal to obey, shall be enforceable by order of an ap3 propriate United States district court.

4 ‘‘(3) The authority provided by paragraph (1) may

5 not be redelegated.

6 ‘‘(4) The Director (or any successor official) shall

7 submit an annual report to the Secretary of Defense on

8 the exercise of such authority during the preceding year

9 and the reasons why such authority was exercised in any

10 instance. The Secretary shall forward a copy of each such

11 report to the Committees on Armed Services of the Senate

12 and House of Representatives.

13 ‘‘(d) COMPTROLLER GENERAL AUTHORITY.—(1) Ex14 cept as provided in paragraph (2), each contract awarded

15 after using procedures other than sealed bid procedures

16 shall provide that the Comptroller General and his rep17 resentatives are entitled to examine any records of the

18 contractor, or any of its subcontractors, that directly per19 tain to, and involve transactions relating to, the contract

20 or subcontract.

21 ‘‘(2) Paragraph (1) does not apply to a contract or

22 subcontract with a foreign contractor or foreign sub23 contractor if the head of the agency concerned determines,

24 with the concurrence of the Comptroller General or his

25 designee, that the application of that paragraph to the
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1 contract or subcontract would not be in the public interest.

2 However, the concurrence of the Comptroller General or

3 his designee is not required—

4 ‘‘(A) where the contractor or subcontractor is a

5 foreign government or agency thereof or is precluded

6 by the laws of the country involved from making its

7 records available for examination; and

8 ‘‘(B) where the head of the agency determines,

9 after taking into account the price and availability of

10 the property and services from United States

11 sources, that the public interest would be best served

12 by not applying paragraph (1).

13 ‘‘(3) Paragraph (1) may not be construed to require

14 a contractor or subcontractor to create or maintain any

15 record that the contractor or subcontractor does not main16 tain in the ordinary course of business or pursuant to an17 other provision of law.

18 ‘‘(e) LIMITATION.—The right of the head of an agen19 cy under subsection (a), and the right of the Comptroller

20 General under subsection (d), with respect to a contract

21 or subcontract shall expire three years after final payment

22 under such contract or subcontract.

23 ‘‘(f) INAPPLICABILITY TO CERTAIN CONTRACTS.—

24 This section is inapplicable with respect to the following

25 contracts:
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1 ‘‘(1) Contracts for utility services at rates not

2 exceeding those established to apply uniformly to the

3 public, plus any applicable reasonable connection

4 charge.

5 ‘‘(g) RECORDS DEFINED.—In this section, the term

6 ‘records’ includes books, documents, accounting proce7 dures and practices, and other data, regardless of type and

8 regardless of whether such items are in written form, in

9 the form of computer data, or in any other form.’’.

10 (2) CLERICAL AMENDMENT.—The item relating

11 to such section in the table of sections at the begin12 ning of chapter 137 of title 10, United States Code,

13 is amended to read as follows:

‘‘2313. Examination of records of contractor.’’.

14 (b) REPEAL OF SUPERSEDED PROVISION.—

15 (1) REPEAL.—Section 2406 of title 10, United

16 States Code, is repealed.

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 141 of such title

19 is amended by striking out the item relating to sec20 tion 2406.

21 PART II—CIVILIAN AGENCY ACQUISITIONS

22 SEC. 42251. AUTHORITY TO EXAMINE RECORDS OF CON23 TRACTORS.

24 (a) AUTHORITY.—
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1 (1) IN GENERAL.—Title III of the Federal

2 Property and Administrative Services Act of 1949

3 (41 U.S.C. 251 et seq.), as amended by section

4 41151(a), is further amended by inserting after sec5 tion 304A the following new section:

6 ‘‘EXAMINATION OF RECORDS OF CONTRACTOR

7 ‘‘SEC. 304B. (a) AGENCY AUTHORITY.—The head of

8 an executive agency, acting through an authorized rep9 resentative—

10 ‘‘(1) is entitled to inspect the plant and audit

11 the records of—

12 ‘‘(A) a contractor performing a cost-reim13 bursement, incentive, time-and-materials, labor14 hour, or price-redeterminable contract, or any

15 combination of such contracts, made by that ex16 ecutive agency under this title; and

17 ‘‘(B) a subcontractor performing any cost18 reimbursement, incentive, time-and-materials,

19 labor-hour, or price-redeterminable subcontract

20 under a contract referred to in subparagraph

21 (A) or under any combination of such contracts;

22 and

23 ‘‘(2) shall, for the purpose of evaluating the ac24 curacy, completeness, and currency of cost or pricing

25 data required to be submitted pursuant to section

26 304A with respect to a contract or subcontract, have
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1 the right to examine all records of the contractor or

2 subcontractor related to—

3 ‘‘(A) the proposal for the contract or sub4 contract;

5 ‘‘(B) the discussions conducted on the pro6 posal;

7 ‘‘(C) pricing of the contract or subcontract;

8 or

9 ‘‘(D) performance of the contract or sub10 contract.

11 ‘‘(b) LIMITATION ON PREAWARD AUDITS RELATING

12 TO INDIRECT COSTS.—The agency head may not perform

13 a preaward audit to evaluate proposed indirect costs under

14 any contract, subcontract, or modification to be entered

15 into in accordance with this title in any case in which the

16 contracting officer determines that the objectives of the

17 audit can reasonably be met by accepting the results of

18 an audit conducted by any other department or agency

19 of the Federal Government within one year preceding the

20 date of the contracting officer’s determination.

21 ‘‘(c) SUBPOENA POWER.—(1) The agency head may

22 require by subpoena the production of records of a con23 tractor, access to which is provided by subsection (a).
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1 ‘‘(2) Any such subpoena, in the case of contumacy

2 or refusal to obey, shall be enforceable by order of an ap3 propriate United States district court.

4 ‘‘(3) The authority provided by paragraph (1) may

5 not be delegated.

6 ‘‘(4) In the year following a year in which the head

7 of an executive agency exercises the authority provided in

8 paragraph (1), the agency head shall submit to the Com9 mittee on Governmental Affairs of the Senate and the

10 Committee on Government Operations of the House of

11 Representatives a report on the exercise of such authority

12 during such preceding year and the reasons why such au13 thority was exercised in any instance.

14 ‘‘(d) COMPTROLLER GENERAL AUTHORITY.—(1) Ex15 cept as provided in paragraph (2), each contract awarded

16 after using procedures other than sealed bid procedures

17 shall provide that the Comptroller General and his rep18 resentatives are entitled to examine any records of the

19 contractor, or any of its subcontractors, that directly per20 tain to, and involve transactions relating to, the contract

21 or subcontract.

22 ‘‘(2) Paragraph (1) does not apply to a contract or

23 subcontract with a foreign contractor or foreign sub24 contractor if the agency head concerned determines, with

25 the concurrence of the Comptroller General or his des-
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1 ignee, that the application of that paragraph to the con2 tract or subcontract would not be in the public interest.

3 However, the concurrence of the Comptroller General or

4 his designee is not required—

5 ‘‘(A) where the contractor or subcontractor is a

6 foreign government or agency thereof or is precluded

7 by the laws of the country involved from making its

8 records available for examination; and

9 ‘‘(B) where the agency head determines, after

10 taking into account the price and availability of the

11 property and services from United States sources,

12 that the public interest would be best served by not

13 applying paragraph (1).

14 ‘‘(3) Paragraph (1) may not be construed to require

15 a contractor or subcontractor to create or maintain any

16 record that the contractor or subcontractor does not main17 tain in the ordinary course of business or pursuant to an18 other provision of law.

19 ‘‘(e) LIMITATION.—The right of an agency head

20 under subsection (a), and the right of the Comptroller

21 General under subsection (d), with respect to a contract

22 or subcontract shall expire three years after final payment

23 under such contract or subcontract.
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1 ‘‘(f) INAPPLICABILITY TO CERTAIN CONTRACTS.—

2 This section is inapplicable with respect to the following

3 contracts:

4 ‘‘(1) CONTRACTS.—For utility services at rates

5 not exceeding those established to apply uniformly to

6 the public, plus any applicable reasonable connection

7 charge.

8 ‘‘(g) RECORDS DEFINED.—In this section, the term

9 ‘records’ includes books, documents, accounting proce10 dures and practices, and other data, regardless of type and

11 regardless of whether such items are in written form, in

12 the form of computer data, or in any other form.’’.

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in the first section of such Act, as amended by

15 section 41151(b), is further amended by inserting

16 after the item relating to section 304A the following:

‘‘Sec. 304B. Examination of records of contractor.’’.

17 (b) REPEAL OF SUPERSEDED PROVISION.—Section

18 304 of the Federal Property and Administrative Services

19 Act of 1949 (41 U.S.C. 254) is amended by striking out

20 subsection (c).

21 Subtitle D—Cost Accounting

22 Standards

23 SEC. 42301. EXCEPTIONS TO COVERAGE.

24 Section 26(f)(2) of the Office of Federal Procurement

25 Policy Act (41 U.S.C. 422(f)(2)) is amended—
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1 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

2 (2) by striking out ‘‘, other than contracts or

3 subcontracts’’ and all that follows and inserting in

4 lieu thereof a period; and

5 (3) by inserting at the end the following:

6 ‘‘(B) Subparagraph (A) does not apply to the follow7 ing contracts or subcontracts:

8 ‘‘(i) Contracts or subcontracts where the price

9 negotiated is based on established catalog or market

10 prices of commercial items sold in substantial quan11 tities to the general public.

12 ‘‘(ii) Contracts or subcontracts where the price

13 negotiated is based on prices set by law or regula14 tion.

15 ‘‘(iii) Any other firm fixed-price contract or

16 subcontract for commercial items which is excepted

17 from the requirement to provide cost or pricing data

18 pursuant to subsection (b) or (d) of section 2306a

19 of title 10, United States Code, or subsection (b) or

20 (d) of section 304A of the Federal Property and Ad21 ministrative Services Act of 1949.

22 ‘‘(C) In this paragraph, the term ‘subcontract’ in23 cludes a transfer of commercial items between divisions,

24 subsidiaries, or affiliates of a contractor.’’.
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1 SEC. 42302. REPEAL OF OBSOLETE DEADLINE REGARDING

2 PROCEDURAL REGULATIONS FOR THE COST

3 ACCOUNTING STANDARDS BOARD.

4 Section 26(f)(3) of the Office of Federal Procurement

5 Policy Act (41 U.S.C. 422(f)(3)) is amended in the first

6 sentence by striking out ‘‘Not later than 180 days after

7 the date of the enactment of this section, the Adminis8 trator’’ and inserting in lieu thereof ‘‘The Administrator’’.

9 Subtitle E—Administration of Con10 tract Provisions Relating to

11 Price, Delivery, and Product

12 Quality

13 PART I—ARMED SERVICES ACQUISITIONS

14 SEC. 42401. PROCUREMENT OF CRITICAL AIRCRAFT AND

15 SHIP SPARE PARTS; QUALITY CONTROL.

16 (a) REPEAL.—Section 2383 of title 10, United States

17 Code, is repealed.

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

19 at the beginning of chapter 141 of such title is amended

20 by striking out the item relating to section 2383.

21 SEC. 42402. CONTRACTOR GUARANTEES REGARDING WEAP22 ON SYSTEMS.

23 Section 2403(h) of title 10, United States Code, is

24 amended—

25 (1) by redesignating paragraph (2) as para26 graph (3); and
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1 (2) by inserting after paragraph (1) the follow2 ing new paragraph (2):

3 ‘‘(2) The regulations shall include the following:

4 ‘‘(A) Guidelines for negotiating contractor guar5 antees that are reasonable and cost effective, as de6 termined on the basis of the likelihood of defects and

7 the estimated cost of correcting such defects.

8 ‘‘(B) Procedures for administering contractor

9 guarantees.

10 ‘‘(C) Guidelines for determining the cases in

11 which it may be appropriate to waive the require12 ments of this section.’’.

13 PART II—ACQUISITIONS GENERALLY

14 SEC. 42451. SECTION 3737 OF THE REVISED STATUTES: EX15 PANSION OF AUTHORITY TO PROHIBIT

16 SETOFFS AGAINST ASSIGNEES; REORGANIZA17 TION OF SECTION; REVISION OF OBSOLETE

18 PROVISIONS.

19 Section 3737 of the Revised Statutes (41 U.S.C. 15)

20 is amended to read as follows:

21 ‘‘SEC. 3737. (a) No contract or order, or any interest

22 therein, shall be transferred by the party to whom such

23 contract or order is given to any other party, and any such

24 transfer shall cause the annulment of the contract or order

25 transferred, so far as the United States is concerned. All
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1 rights of action, however, for any breach of such contract

2 by the contracting parties, are reserved to the United

3 States.

4 ‘‘(b) The provisions of subsection (a) shall not apply

5 in any case in which the moneys due or to become due

6 from the United States or from any agency or department

7 thereof, under a contract providing for payments aggre8 gating $1,000 or more, are assigned to a bank, trust com9 pany, or other financing institution, including any Federal

10 lending agency, provided:

11 ‘‘(1) That, in the case of any contract entered

12 into after October 9, 1940, no claim shall be as13 signed if it arises under a contract which forbids

14 such assignment.

15 ‘‘(2) That, unless otherwise expressly permitted

16 by such contract, any such assignment shall cover all

17 amounts payable under such contract and not al18 ready paid, shall not be made to more than one

19 party, and shall not be subject to further assign20 ment, except that any such assignment may be made

21 to one party as agent or trustee for two or more

22 parties participating in such financing.

23 ‘‘(3) That, in the event of any such assignment,

24 the assignee thereof shall file written notice of the
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1 assignment together with a true copy of the instru2 ment of the assignment with—

3 ‘‘(A) the contracting officer or the head of

4 his department or agency;

5 ‘‘(B) the surety or sureties upon the bond

6 or bonds, if any, in connection with such con7 tract; and

8 ‘‘(C) the disbursing officer, if any, des9 ignated in such contract to make payment.

10 ‘‘(c) Notwithstanding any law to the contrary govern11 ing the validity of assignments, any assignment pursuant

12 to this section shall constitute a valid assignment for all

13 purposes.

14 ‘‘(d) In any case in which moneys due or to become

15 due under any contract are or have been assigned pursu16 ant to this section, no liability of any nature of the as17 signor to the United States or any department or agency

18 thereof, whether arising from or independently of such

19 contract, shall create or impose any liability on the part

20 of the assignee to make restitution, refund, or repayment

21 to the United States of any amount heretofore since July

22 1, 1950, or hereafter received under the assignment.

23 ‘‘(e) Any contract of the Department of Defense, the

24 General Services Administration, the Department of En25 ergy, or any other department or agency of the United
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1 States designated by the President, except any such con2 tract under which full payment has been made, may, upon

3 a determination of need by the President, provide or be

4 amended without consideration to provide that payments

5 to be made to the assignee of any moneys due or to become

6 due under such contract shall not be subject to reduction

7 or setoff. Each such determination of need shall be pub8 lished in the Federal Register.

9 ‘‘(f) If a provision described in subsection (e) or a

10 provision to the same general effect has been at any time

11 heretofore or is hereafter included or inserted in any such

12 contract, payments to be made thereafter to an assignee

13 of any moneys due or to become due under such contract

14 shall not be subject to reduction or setoff for any liability

15 of any nature of the assignor to the United States or any

16 department or agency thereof which arises independently

17 of such contract, or hereafter for any liability of the as18 signor on account of—

19 ‘‘(1) renegotiation under any renegotiation stat20 ute or under any statutory renegotiation article in

21 the contract;

22 ‘‘(2) fines;

23 ‘‘(3) penalties (which term does not include

24 amounts which may be collected or withheld from
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1 the assignor in accordance with or for failure to

2 comply with the terms of the contract); or

3 ‘‘(4) taxes, social security contributions, or the

4 withholding or non withholding of taxes or social se5 curity contributions, whether arising from or inde6 pendently of such contract.

7 ‘‘(g) Except as herein otherwise provided, nothing in

8 this section shall be deemed to affect or impair rights of

9 obligations heretofore accrued.’’.

10 SEC. 42452. REPEAL OF REQUIREMENT FOR DEPOSIT OF

11 CONTRACTS WITH GAO.

12 Section 3743 of the Revised Statutes (41 U.S.C. 20)

13 is repealed.

14 Subtitle F—Claims and Disputes

15 PART I—ARMED SERVICES ACQUISITIONS

16 SEC. 42501. CERTIFICATION OF CONTRACT CLAIMS.

17 (a) DOD CERTIFICATION REQUIREMENT IN CON18 FLICT WITH GOVERNMENTWIDE REQUIREMENT.—

19 (1) INAPPLICABILITY OF REQUIREMENT TO

20 CONTRACT CLAIMS.—Section 2410 of title 10, Unit21 ed States Code, is amended to read as follows:

22 ‘‘§ 2410. Requests for equitable adjustment or other

23 relief: certification

24 ‘‘(a) CERTIFICATION REQUIREMENT.—A request for

25 equitable adjustment to contract terms or request for re-
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1 lief under Public Law 85–804 (50 U.S.C. 1431 et seq.)

2 that exceeds the simplified acquisition threshold may not

3 be paid unless a person authorized to certify the request

4 on behalf of the contractor certifies, at the time the re5 quest is submitted, that—

6 ‘‘(1) the request is made in good faith, and

7 ‘‘(2) the supporting data are accurate and com8 plete to the best of that person’s knowledge and be9 lief.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 141 of such title

12 is amended by striking out the item relating to sec13 tion 2410 and inserting in lieu thereof the following:

‘‘2410. Requests for equitable adjustment or other relief: certification.’’.

14 (b) RESTRICTION ON LEGISLATIVE PAYMENT OF

15 CLAIMS.—Section 2410 of title 10, United States Code,

16 as amended by subsection (a), is further amended by add17 ing at the end the following new subsection:

18 ‘‘(b) RESTRICTION ON LEGISLATIVE PAYMENT OF

19 CLAIMS.—In the case of a contract of an agency named

20 in section 2303(a) of this title, no provision of a law en21 acted after September 30, 1994, that directs the payment

22 of a particular claim under such contract, a particular re23 quest for equitable adjustment to any term of such con24 tract, or a particular request for relief under Public Law
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1 85–804 (50 U.S.C. 1431 et seq.) regarding such contract

2 may be implemented unless such provision of law—

3 ‘‘(1) specifically refers to this subsection; and

4 ‘‘(2) specifically states that this subsection does

5 not apply with respect to the payment directed by

6 that provision of law.’’.

7 (c) DEFINITION.—Section 2410, as amended by sub8 sections (a) and (b), is further amended by adding at the

9 end the following:

10 ‘‘(c) DEFINITION.—In this section, the term ‘sim11 plified acquisition threshold’ has the meaning given that

12 term in section 2302(4) of this title.’’.

13 (d) REPEAL OF RELATED PROVISIONS.—

14 (1) CERTIFICATION REGULATIONS FOR CON15 TRACT CLAIMS EXCEEDING $100,000.—

16 (A) REPEAL.—Section 2410e of title 10,

17 United States Code, is repealed.

18 (B) CLERICAL AMENDMENT.—The table of

19 sections at the beginning of chapter 141 of such

20 title is amended by striking out the item relat21 ing to section 2410e.

22 (2) CONFORMING REPEAL.—Section 813(b) of

23 the National Defense Authorization Act for Fiscal

24 Year 1993 (Public Law 102–484, 106 Stat. 2453),

25 is repealed.
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1 SEC. 42502. SHIPBUILDING CLAIMS.

2 (a) LIMITATION ON PERIOD FOR SUBMISSION.—

3 (1) INCREASED PERIOD.—Subsection (a) of sec4 tion 2405 of title 10, United States Code, is amend5 ed—

6 (A) by striking out ‘‘after December 7,

7 1983,’’ and inserting in lieu thereof ‘‘on or

8 after the date of the enactment of the Federal

9 Acquisition Streamlining Act of 1994’’; and

10 (B) by striking out ‘‘18 months’’ and in11 serting in lieu thereof ‘‘6 years’’.

12 (2) SAVINGS PROVISION.—Notwithstanding the

13 6-year period provided in subsection (a) of section

14 2405 of title 10, United States Code, as amended by

15 paragraph (1), the period applicable under such sub16 section in the case of a shipbuilding contract entered

17 into after December 7, 1983, and before the date of

18 the enactment of the Federal Acquisition Streamlin19 ing Act of 1994 shall continue to be 18 months.

20 (b) RESUBMISSION WITH CORRECTED CERTIFI21 CATION.—Subsection (c) of such section is repealed.
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1 PART II—ACQUISITIONS GENERALLY

2 SEC. 42551. CLAIMS JURISDICTION OF UNITED STATES DIS3 TRICT COURTS AND THE UNITED STATES

4 COURT OF FEDERAL CLAIMS.

5 (a) CONCURRENT JURISDICTION OF UNITED STATES

6 DISTRICT COURTS UNDER THE LITTLE TUCKER ACT.—

7 Subsection (a) of section 1346 of title 28, United States

8 Code, is amended to read as follows:

9 ‘‘(a)(1) The district courts shall have original juris10 diction, concurrent with the United States Court of Fed11 eral Claims, of any civil action against the United States

12 for the recovery of any internal-revenue tax alleged to have

13 been erroneously or illegally assessed or collected, or any

14 penalty claimed to have been collected without authority

15 or any sum alleged to have been excessive or in any man16 ner wrongfully collected under the internal-revenue laws.

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

18 district courts shall have original jurisdiction, concurrent

19 with the United States Court of Federal Claims, of any

20 other civil action or claim against the United States, not

21 exceeding $10,000 in amount, founded either upon the

22 Constitution, or any Act of Congress, or any regulation

23 of an executive department, or upon any express or im24 plied contract with the United States, or for liquidated or

25 unliquidated damages in cases not sounding in tort.
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1 ‘‘(B) The district courts shall not have jurisdiction

2 over any civil action or claim against the United States

3 or any Federal entity which relates in any manner to a

4 contract to which the Contract Disputes Act of 1978 (41

5 U.S.C. 601 et seq.) applies, including a claim that seeks

6 to establish the existence or nonexistence of such a con7 tract, seeks to establish that such a contract is void, or

8 seeks to determine and construe the terms of such a con9 tract. The district courts do not have jurisdiction over any

10 civil action or claim described in the preceding sentence

11 pursuant to section 1331, 1334, or 1346(a)(2)(B) of this

12 title, any provision of law giving a Federal entity the right

13 to sue or be sued in its own name, or any other provision

14 of law.’’.

15 (b) JURISDICTION OF THE UNITED STATES COURT

16 OF FEDERAL CLAIMS UNDER THE TUCKER ACT.—Sec17 tion 1491 of title 28, United States Code, as amended by

18 section 1422, is further amended by inserting after sub19 section (c) the following:

20 ‘‘(d)(1) The United States Court of Federal Claims

21 shall have jurisdiction over any civil action or claim

22 against the United States which relates in any manner to

23 a contract to which the Contract Disputes Act of 1978

24 (41 U.S.C. 601 et seq,) applies, including a civil action

25 or claim that seeks to establish the existence or
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1 nonexistence of such a contract, seeks to establish that

2 such contract is void, or seeks to determine and construe

3 the terms of any such contract.

4 ‘‘(2) The jurisdiction of the United States Court of

5 Federal Claims is, pursuant to section 1346(a)(2)(B) of

6 this title, exclusive as to the district courts of the United

7 States.’’.

8 SEC. 42552. CONTRACT DISPUTES ACT IMPROVEMENTS.

9 (a) PERIOD FOR FILING CLAIMS.—

10 (1) SIX-YEAR LIMITATION.—Section 6 of the

11 Contract Disputes Act of 1978 (41 U.S.C. 605) is

12 amended in subsection (a) by inserting after the sec13 ond sentence the following: ‘‘Each claim by a con14 tractor against the government relating to a contract

15 and each claim by the government against a contrac16 tor relating to a contract shall be submitted within

17 6 years after the occurrence of the event or events

18 giving rise to the claim. The preceding sentence does

19 not apply to a claim by the government against a

20 contractor that is based on a claim by the contractor

21 involving fraud.’’.

22 (2) LIMITATION ON APPLICABILITY TO EXIST23 ING CONTRACTS.—Notwithstanding the third sen24 tence of section 6(a) of the Contract Disputes Act

25 of 1978, as added by paragraph (1), if a contract in
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1 existence on the date of the enactment of this divi2 sion requires that a claim referred to in that sen3 tence be submitted earlier than 6 years after the oc4 currence of the event or events giving rise to the

5 claim, then the claim shall be submitted within the

6 period required by the contract. The preceding sen7 tence does not apply to a claim by the Federal Gov8 ernment against a contractor that is based on a

9 claim by the contractor involving fraud.

10 (b) INCREASED THRESHOLD FOR CERTIFICATION,

11 DECISION, AND NOTIFICATION REQUIREMENTS.—Sub12 section (c) of such section is amended by striking out

13 ‘‘$50,000’’ each place it appears and inserting in lieu

14 thereof ‘‘$100,000’’.

15 (c) INCREASED MAXIMUM FOR APPLICABILITY OF

16 ACCELERATED PROCEDURES.—Section 8(f) of the Con17 tract Disputes Act of 1978 (41 U.S.C. 607(f)) is amended

18 by striking out ‘‘$50,000’’ in the first sentence and insert19 ing in lieu thereof ‘‘$150,000’’.

20 (d) INCREASED MAXIMUM FOR APPLICABILITY OF

21 SMALL CLAIMS PROCEDURE.—Section 9(a) of the Con22 tract Disputes Act of 1978 (41 U.S.C. 608(a)) is amended

23 by striking out ‘‘$10,000’’ in the first sentence and insert24 ing in lieu thereof ‘‘$50,000’’.
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1 (e) REDUCED PERIOD FOR FILING ACTION IN COURT

2 OF FEDERAL CLAIMS.—Section 10(a)(3) of such Act (41

3 U.S.C. 609(a)(3)) is amended by striking out ‘‘twelve

4 months’’ and inserting in lieu thereof ‘‘90 days’’.

5 SEC. 42553. EXTENSION OF ALTERNATIVE DISPUTE RESO6 LUTION AUTHORITY.

7 (a) EXTENSION OF AUTHORITY.—Section 6(e) of the

8 Contracts Disputes Act of 1978 (41 U.S.C. 605(e)) is

9 amended by striking out ‘‘October 1, 1995’’ and inserting

10 in lieu thereof ‘‘October 1, 1999’’.

11 (b) AVAILABILITY OF PROCEDURES TO SMALL BUSI12 NESS GOVERNMENT CONTRACTORS.—Section 6(e) of such

13 Act is amended by inserting after the first sentence the

14 following: ‘‘In any case in which the contracting officer

15 rejects a contractor’s request for alternative dispute reso16 lution proceedings, the contracting officer shall provide the

17 contractor with a written explanation, citing one or more

18 of the conditions in section 572(b) of title V, United States

19 Code, or such other specific reasons that alternative dis20 pute resolution procedures are inappropriate for the reso21 lution of the dispute. In any case in which a contractor

22 rejects a request of an agency for alternative dispute reso23 lution proceedings, the contractor shall inform the agency

24 in writing of the contractor’s specific reasons for rejecting

25 the request.’’.
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1 SEC. 42554. EXPEDITED RESOLUTION OF CONTRACT AD2 MINISTRATION COMPLAINTS.

3 (a) REGULATIONS REQUIRED.—The Federal Acquisi4 tion Regulation shall include provisions that require a con5 tracting officer—

6 (1) to make every reasonable effort to respond

7 in writing within 30 days to any written request

8 made to a contracting officer with respect to a mat9 ter relating to the administration of a contract that

10 is received from a small business concern; and

11 (2) in the event that the contracting officer is

12 unable to reply within the 30-day period, to transmit

13 to the contractor within such period a written notifi14 cation of a specific date by which the contracting of15 ficer expects to respond.

16 The provisions shall not apply to a request for a contract17 ing officer’s decision under the Contract Disputes Act of

18 1978 (41 U.S.C. 601 et seq.).

19 (b) RULE OF CONSTRUCTION.—Nothing in this pro20 vision shall be considered as creating any rights under the

21 Contract Disputes Act (41 U.S.C. 601 et seq.).

22 (c) DEFINITION.—In this section, the term ‘‘small

23 business concern’’ means a business concern that meets

24 the requirements of section 3(a) of the Small Business Act

25 (15 U.S.C. 632(a)) and the regulations promulgated pur26 suant to that section.
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1 SEC. 42555. AUTHORITY FOR DISTRICT COURTS TO OBTAIN

2 ADVISORY OPINIONS FROM BOARDS OF CON3 TRACT APPEALS IN CERTAIN CASES.

4 Section 10 of the Contract Disputes Act of 1978 (41

5 U.S.C. 609) is amended by adding at the end the following

6 new paragraph:

7 ‘‘(f)(1) Whenever an action involving an issue de8 scribed in paragraph (2) is pending in a district court of

9 the United States, the district court may request a board

10 of contract appeals to provide the court with an advisory

11 opinion on the matters of contract interpretation at issue.

12 ‘‘(2) An issue referred to in paragraph (1) is any

13 issue that could be the proper subject of a final decision

14 of a contracting officer appealable under this Act.

15 ‘‘(3) A district court shall direct any request under

16 paragraph (1) to the board of contract appeals having ju17 risdiction under this Act to adjudicate appeals of contract

18 claims under the contract or contracts being interpreted

19 by the court.

20 ‘‘(4) Within ninety days after receiving a request for

21 an advisory opinion under paragraph (1), a board of con22 tract appeals shall provide the advisory opinion to the dis23 trict court making the request.’’.
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1 TITLE XLIII—SERVICE SPECIFIC

2 AND MAJOR SYSTEMS STATUTES

3 Subtitle A—Major Systems Statutes

4 SEC. 43001. REQUIREMENT FOR INDEPENDENT COST ESTI5 MATES AND MANPOWER ESTIMATES BEFORE

6 DEVELOPMENT OR PRODUCTION.

7 (a) CONTENT AND SUBMISSION OF ESTIMATES.—

8 Section 2434 of title 10, United States Code, is amended

9 by striking out subsection (b) and inserting in lieu thereof

10 the following:

11 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

12 prescribe regulations governing the content and submis13 sion of the estimates required by subsection (a). The regu14 lations shall require—

15 ‘‘(1) that the independent estimate of the cost

16 of a program—

17 ‘‘(A) be prepared by an office or other en18 tity that is not under the supervision, direction,

19 or control of the military department, Defense

20 Agency, or other component of the Department

21 of Defense that is directly responsible for carry22 ing out the development or acquisition of the

23 program; and

24 ‘‘(B) include all costs of development, pro25 curement, and operations and support, without
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1 regard to funding source or management con2 trol; and

3 ‘‘(2) that the manpower estimate include the

4 total personnel required to train for, operate, main5 tain, and support the program upon full operational

6 deployment.’’.

7 (b) TERMINOLOGY CORRECTION.—Subsection (a) of

8 such section is amended by striking out ‘‘full-scale engi9 neering development’’ and inserting in lieu thereof ‘‘engi10 neering and manufacturing development’’.

11 SEC. 43002. ENHANCED PROGRAM STABILITY.

12 (a) BASELINE DESCRIPTIONS AND DEVIATION RE13 PORTING.—Section 2435 of title 10, United States Code,

14 is amended—

15 (1) in subsection (a)—

16 (A) by striking out paragraph (2); and

17 (B) in paragraph (1)—

18 (i) by striking out ‘‘(1)’’; and

19 (ii) by redesignating subparagraphs

20 (A) and (B) as paragraphs (1) and (2), re21 spectively; and

22 (2) by striking out subsection (b) and inserting

23 in lieu thereof the following:

24 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

25 prescribe regulations governing—
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1 ‘‘(1) the content of baseline descriptions, which

2 shall include the program cost, the program sched3 ule, and a program performance description;

4 ‘‘(2) the submission of reports on deviations of

5 a program from the baseline description by the pro6 gram manager to the Secretary of the military de7 partment concerned and the Under Secretary of De8 fense for Acquisition and Technology;

9 ‘‘(3) procedures for review of deviation reports

10 within the Department of Defense; and

11 ‘‘(4) procedures for submission and approval of

12 revised baseline descriptions.

13 ‘‘(c) BASELINE DESCRIPTION REQUIRED BEFORE

14 OBLIGATION OF FUNDS.—(1) Except as provided in para15 graph (2), no amount appropriated or otherwise made

16 available to the Department of Defense may be obligated

17 for a major defense acquisition program before a baseline

18 description for the program is approved in accordance with

19 the procedures prescribed pursuant to subsection (b)(4).

20 ‘‘(2) An obligation otherwise prohibited by paragraph

21 (1) may be incurred if approved in advance by the Under

22 Secretary of Defense for Acquisition and Technology.’’.

23 (b) TERMINOLOGY CORRECTION.—Subsection (a)(1)

24 of such section, as redesignated by subsection

25 (a)(1)(B)(ii), is amended by striking out ‘‘full-scale engi-
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1 neering development’’ and inserting in lieu thereof ‘‘engi2 neering and manufacturing development’’.

3 SEC. 43003. REPEAL OF REQUIREMENT TO DESIGNATE CER4 TAIN MAJOR DEFENSE ACQUISITION PRO5 GRAMS AS DEFENSE ENTERPRISE PRO6 GRAMS.

7 Section 809 of the National Defense Authorization

8 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.

9 2430 note) is amended—

10 (1) by striking out subsection (d); and

11 (2) by redesignating subsections (e), (f), (g),

12 and (h) as subsections (d), (e), (f), and (g), respec13 tively.

14 SEC. 43004. REPEAL OF REQUIREMENT FOR COMPETITIVE

15 PROTOTYPING IN MAJOR PROGRAMS.

16 (a) REPEAL.—Section 2438 of title 10, United States

17 Code, is repealed.

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

19 at the beginning of chapter 144 of such title is amended

20 by striking out the item relating to section 2438.

21 SEC. 43005. REPEAL OF REQUIREMENT FOR COMPETITIVE

22 ALTERNATIVE SOURCES IN MAJOR PRO23 GRAMS.

24 (a) REPEAL.—Section 2439 of title 10, United States

25 Code, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 144 of such title is amended

3 by striking out the item relating to section 2439.

4 Subtitle B—Testing Statutes

5 SEC. 43011. DIRECTOR OF OPERATIONAL TEST AND EVAL6 UATION TO REPORT DIRECTLY TO SEC7 RETARY OF DEFENSE.

8 Section 139(c) of title 10, United States Code, is

9 amended by inserting after ‘‘(c)’’ the following: ‘‘The Di10 rector reports directly, without intervening review or ap11 proval, to the Secretary of Defense and Deputy Secretary

12 of Defense personally.’’.

13 SEC. 43012. RESPONSIBILITY OF DIRECTOR OF OPER14 ATIONAL TEST AND EVALUATION FOR LIVE

15 FIRE TESTING.

16 (a) CONDUCT OF LIVE FIRE TESTING.—Subsection

17 (b) of section 139 of title 10, United States Code, is

18 amended—

19 (1) by striking out ‘‘and’’ at the end of para20 graph (4);

21 (2) by striking out the period at the end of

22 paragraph (5) and inserting in lieu thereof ‘‘; and’’;

23 and

24 (3) by adding at the end the following new

25 paragraph:
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1 ‘‘(6) conduct the live fire testing activities of

2 the Department of Defense provided for under sec3 tion 2366 of this title.’’.

4 (b) ANNUAL REPORT ON LIVE FIRE TESTING.—Sub5 section (f) of such section is amended by inserting ‘‘(in6 cluding live fire testing activities)’’ in the first sentence

7 after ‘‘operational test and evaluation activities’’.

8 SEC. 43013. REQUIREMENT FOR UNCLASSIFIED VERSION

9 OF ANNUAL REPORT ON OPERATIONAL TEST

10 AND EVALUATION.

11 Section 139(f) of title 10, United States Code, is

12 amended by inserting after the second sentence the follow13 ing new sentence: ‘‘If the Director submits the report to

14 Congress in a classified form, the Director shall concur15 rently submit an unclassified version of the report to Con16 gress.’’.

17 Subtitle C—Service Specific Laws

18 SEC. 43021. GRATUITOUS SERVICES OF OFFICERS OF CER19 TAIN RESERVE COMPONENTS.

20 Section 279 of title 10, United States Code, is

21 amended—

22 (1) by striking out ‘‘Notwithstanding’’ and in23 serting in lieu thereof ‘‘(a) ACCEPTANCE BY SEC24 RETARY OF A MILITARY DEPARTMENT.—Notwith25 standing’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) ACCEPTANCE BY SECRETARY OF DEFENSE.—

4 Notwithstanding section 1342 of title 31, the Secretary

5 of Defense may accept the gratuitous services of an officer

6 of a reserve component (other than an officer of the Army

7 National Guard of the United States or the Air National

8 Guard of the United States) in consultation upon matters

9 relating to the armed forces.’’.

10 SEC. 43022. AUTHORITY TO RENT SAMPLES, DRAWINGS,

11 AND OTHER INFORMATION TO OTHERS.

12 Subchapter V of chapter 148 of title 10, United

13 States Code, is amended in section 2541(a) by inserting

14 ‘‘rent,’’ after ‘‘sell,’’ each place it appears in paragraphs

15 (1) and (2).

16 SEC. 43023. CIVIL RESERVE AIR FLEET.

17 (a) DEFINITIONS.—Section 9511 of title 10, United

18 States Code, is amended—

19 (1) in paragraph (1)—

20 (A) by inserting ‘‘ ‘civil aircraft’,’’ after

21 ‘‘ ‘person’,’’;

22 (B) by striking out ‘‘meaning’’ and insert23 ing in lieu thereof ‘‘meanings’’; and
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1 (C) by striking out ‘‘(49 U.S.C. 1301)’’

2 and inserting in lieu thereof ‘‘(49 U.S.C. App.

3 1301)’’;

4 (2) in paragraph (2), by striking out ‘‘pas5 senger-cargo’’ and inserting in lieu thereof ‘‘pas6 senger cargo’’;

7 (3) in paragraph (3), by striking out ‘‘cargo-ca8 pable’’ and inserting in lieu thereof ‘‘cargo capable’’;

9 (4) by striking out paragraph (5) and inserting

10 in lieu thereof the following:

11 ‘‘(5) The term ‘cargo convertible aircraft’

12 means a passenger aircraft equipped or designed so

13 that all or substantially all of the main deck of the

14 aircraft can be readily converted for the carriage of

15 property or mail.’’;

16 (5) by striking out paragraph (6);

17 (6) by redesignating paragraph (7) as para18 graph (6);

19 (7) by redesignating paragraph (8) as para20 graph (7) and—

21 (A) in subparagraph (A) of such para22 graph, by inserting ‘‘under section 9512 of this

23 title’’ after ‘‘and who contracts with the Sec24 retary’’;
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1 (B) by striking out ‘‘or’’ at the end of such

2 subparagraph (A); and

3 (C) by inserting before the period at the

4 end of such paragraph the following: ‘‘, or (C)

5 who owns or controls existing aircraft, or will

6 own or control new aircraft, and who contrac7 tually commits all or some of such aircraft to

8 the Civil Reserve Air Fleet’’;

9 (8) by redesignating paragraphs (9), (10), (11),

10 and (12) as paragraphs (8), (9), (10), and (11), re11 spectively; and

12 (9) in paragraph (11), as so redesignated—

13 (A) by striking out ‘‘interoperability’’ and

14 inserting in lieu thereof ‘‘compatibility’’; and

15 (B) by striking out ‘‘a cargo-convertible,

16 cargo-capable, or passenger-cargo combined air17 craft’’ and inserting in lieu thereof ‘‘an

18 aeromedical aircraft or a cargo convertible,

19 cargo capable, or passenger cargo combined air20 craft’’.

21 (b) CONSOLIDATION OF PROVISIONS RELATING TO

22 CONTRACTUAL COMMITMENT OF AIRCRAFT.—Chapter

23 931 of such title is amended—

24 (1) by redesignating subsections (b) and (c) of

25 section 9512 as subsections (c) and (d), respectively;
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1 (2) by redesignating subsection (a) of section

2 9513 as subsection (b), transferring such subsection

3 (as so redesignated) to section 9512, and inserting

4 such subsection after subsection (a);

5 (3) by redesignating subsection (b) of section

6 9513 as subsection (e) and transferring such sub7 section (as so redesignated) to the end of section

8 9512;

9 (4) in subsection (c) of section 9512, as redes10 ignated by paragraph (1), by striking out ‘‘the terms

11 required by section 9513 of this title and’’;

12 (5) in subsection (e) of section 9512, as redes13 ignated and transferred to such section by para14 graph (3), by striking out ‘‘under section 9512 of

15 this title’’ and inserting in lieu thereof ‘‘entered into

16 under this section’’; and

17 (6) by striking out the heading of section 9513.

18 (c) USE OF MILITARY INSTALLATIONS BY CONTRAC19 TORS.—

20 (1) AUTHORITY.—Such chapter, as amended by

21 subsection (b), is further amended by adding at the

22 end the following new section 9513:
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1 ‘‘§ 9513. Use of military installations by Civil Reserve

2 Air Fleet contractors

3 ‘‘(a) CONTRACT AUTHORITY.—(1) The Secretary of

4 the Air Force—

5 ‘‘(A) may, by contract entered into with any

6 contractor, authorize such contractor to use one or

7 more Air Force installations designated by the Sec8 retary; and

9 ‘‘(B) with the consent of the Secretary of an10 other military department, may, by contract entered

11 into with any contractor, authorize the contractor to

12 use one or more installations, designated by the Sec13 retary of the Air Force, that is under the jurisdic14 tion of the Secretary of such other military depart15 ment.

16 ‘‘(2) The Secretary of the Air Force may include in

17 the contract such terms and conditions as the Secretary

18 determines appropriate to promote the national defense or

19 to protect the interests of the United States.

20 ‘‘(b) PURPOSES OF USE.—A contract entered into

21 under subsection (a) may authorize use of a designated

22 installation as a weather alternate, a service stop not in23 volving the enplaning or deplaning of passengers or cargo,

24 or, in the case of an installation within the United States,

25 for other commercial purposes. Notwithstanding any other

26 provision of the law, the Secretary may establish different
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1 levels and types of uses for different installations for com2 mercial operations not required by the Department of De3 fense and may provide in contracts under subsection (a)

4 for different levels and types of uses by different contrac5 tors.

6 ‘‘(c) DISPOSITION OF PAYMENTS FOR USE.—Not7 withstanding any other provision of law, amounts collected

8 from the contractor for landing fees, services, supplies, or

9 other charges authorized to be collected under the contract

10 shall be credited to the appropriations of the armed forces

11 having jurisdiction over the military installation to which

12 the contract pertains. Amounts so credited to an appro13 priation shall be available for obligation for the same pe14 riod as the appropriation to which credited.

15 ‘‘(d) HOLD HARMLESS REQUIREMENT.—A contract

16 entered into under subsection (a) shall provide that the

17 contractor agrees to indemnify and hold harmless the

18 United States from all actions, suits, or claims of any sort

19 resulting from, relating to, or arising out of any activities

20 conducted, or services or supplies furnished, in connection

21 with the contract.

22 ‘‘(e) RESERVATION OF RIGHT TO EXCLUDE CON23 TRACTOR.—A contract entered into under subsection (a)

24 shall provide that the Secretary or, in the case of an instal25 lation under the jurisdiction of an armed force other than
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1 the Air Force, the Secretary concerned may at any time

2 and without prior notice deny access to an installation des3 ignated under the contract if military exigencies require

4 such action.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended

7 by striking out the item relating to section 9513 and

8 inserting in lieu thereof the following:

‘‘9513. Use of military installations by Civil Reserve Air Fleet contractors.’’.

9 SEC. 43024. EXCHANGE OF PERSONNEL.

10 (a) EXCHANGE AUTHORITY.—Subchapter II of chap11 ter 138 of title 10, United States Code, is amended by

12 adding at the end the following new section:

13 ‘‘§ 2350k. Exchange of personnel

14 ‘‘(a) INTERNATIONAL EXCHANGE AGREEMENTS AU15 THORIZED.—Under regulations prescribed by the Sec16 retary of Defense, the Secretary and the secretaries of the

17 military departments are each authorized to enter into

18 agreements with the governments of foreign countries for

19 the exchange of military and civilian personnel of the De20 partment of Defense and military and civilian personnel

21 of the defense departments or ministries of such foreign

22 governments.

23 ‘‘(b) ASSIGNMENT OF PERSONNEL.—Pursuant to

24 such agreements, personnel of the foreign defense depart25 ments or ministries may be assigned to positions in the
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1 Department of Defense, and personnel of the Department

2 of Defense may be assigned to positions in foreign defense

3 departments or ministries. Agreements for the exchange

4 of personnel engaged in research and development activi5 ties may provide for assignments to positions in private

6 industry that support the defense departments or min7 istries. The specific positions and the individuals to be as8 signed must be acceptable to both the sending government

9 and the host government.

10 ‘‘(c) RECIPROCITY OF PERSONNEL QUALIFICATIONS

11 REQUIRED.—Each government shall be required under an

12 agreement authorized by subsection (a) to provide person13 nel having qualifications, training, and skills that are es14 sentially equal to those of the personnel provided by the

15 other government.

16 ‘‘(d) PAYMENT OF PERSONNEL COSTS.—Each gov17 ernment shall pay the salary, per diem, cost of living, trav18 el, cost of language or other training, and other costs (ex19 cept for cost of temporary duty directed by the host gov20 ernment and costs incident to the use of host government

21 facilities in the performance of assigned duties) for its own

22 personnel in accordance with the laws and regulations of

23 such government that pertain to such matters.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of subchapter II of such chapter is

3 amended by adding at the end the following new item:

‘‘2350k. Exchange of personnel.’’.

4 SEC. 43025. SCIENTIFIC INVESTIGATION AND RESEARCH

5 FOR THE NAVY.

6 (a) REPEAL.—Section 7203 of title 10, United States

7 Code, is repealed.

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

9 at the beginning of chapter 631 of such title is amended

10 by striking out the item relating to section 7203.

11 SEC. 43026. CONSTRUCTION OF COMBATANT AND ESCORT

12 VESSELS AND ASSIGNMENT OF VESSEL

13 PROJECTS.

14 (a) REPEAL OF OBSOLETE AND INTERNALLY INCON15 SISTENT PROVISIONS.—Section 7299a of title 10, United

16 States Code, is amended—

17 (1) by striking out subsection (a); and

18 (2) by redesignating subsections (b) and (c) as

19 subsections (a) and (b), respectively.

20 (b) CONFORMING AMENDMENT.—Subsection (b) of

21 such section, as redesignated by subsection (a)(2), is

22 amended in paragraph (2) by striking out ‘‘subsection (a)

23 or’’.
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1 SEC. 43027. REPEAL OF REQUIREMENT FOR CONSTRUC2 TION OF VESSELS ON PACIFIC COAST.

3 (a) REPEAL.—Section 7302 of title 10, United States

4 Code, is repealed.

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

6 at the beginning of chapter 633 of such title is amended

7 by striking out the item relating to section 7302.

8 SEC. 43028. AUTHORITY TO TRANSFER BY GIFT A VESSEL

9 STRICKEN FROM NAVAL VESSEL REGISTER.

10 Section 7306(a)(1) of title 10, United States Code,

11 is amended by inserting ‘‘Territory,’’ after ‘‘State,’’.

12 SEC. 43029. NAVAL SALVAGE FACILITIES.

13 Chapter 637 of title 10, United States Code, is

14 amended—

15 (1) in section 7361—

16 (A) in subsection (a), by inserting ‘‘AU17 THORITY TO PROVIDE FACILITIES BY CON18 TRACT OR OTHERWISE.—’’ after ‘‘(a)’’;

19 (B) in subsection (b), by inserting ‘‘CON20 TRACTS AFFECTING THE DEPARTMENT OF

21 TRANSPORTATION.—’’ after ‘‘(b)’’; and

22 (C) by striking out subsection (c) and in23 serting in lieu thereof the following new sub24 section (c):
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1 ‘‘(c) LIMITATION ON TERM CONTRACTS.—Term con2 tracts may be entered into for purposes of this section only

3 after—

4 ‘‘(1) it has been demonstrated to the satisfac5 tion of the Secretary of the Navy that available com6 mercial salvage facilities are inadequate to meet na7 tional defense requirements; and

8 ‘‘(2) the Secretary of the Navy determines that

9 adequate public notice of intent to exercise the au10 thority under this subsection has been provided.’’;

11 (2) by designating the text of section 7362 as

12 subsection (d) and transferring such text, as so des13 ignated, to the end of section 7361 of title 10,

14 United States Code;

15 (3) in subsection (d) of section 7361 of such

16 title, as so designated and transferred, by inserting

17 before ‘‘The Secretary’’ the following: ‘‘COMMERCIAL

18 USE OF NAVAL VESSELS AND EQUIPMENT.—’’;

19 (4) by designating the text of section 7363 as

20 subsection (e) and transferring such text, as so des21 ignated, to the end of section 7361 of title 10,

22 United States Code;

23 (5) in subsection (e) of section 7361 of such

24 title, as so designated and transferred, by inserting
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1 before ‘‘Before any salvage vessel’’ the following:

2 ‘‘CONDITIONS FOR TRANSFER OF EQUIPMENT.—’’;

3 (6) by designating the text of section 7365 as

4 subsection (f) and transferring such text, as so des5 ignated, to the end of section 7361 of title 10,

6 United States Code;

7 (7) in subsection (f) of section 7361 of such

8 title, as so designated and transferred, by inserting

9 before ‘‘The Secretary’’ the following: ‘‘SETTLE10 MENT OF CLAIMS.—’’;

11 (8) by designating the text of section 7367 as

12 subsection (g) and transferring such text, as so des13 ignated, to the end of section 7361 of title 10,

14 United States Code;

15 (9) in subsection (g) of section 7361 of such

16 title, as so designated and transferred—

17 (A) by inserting before ‘‘Money received’’

18 the following: ‘‘DISPOSITION OF RECEIPTS.—’’;

19 and

20 (B) by striking out ‘‘this chapter’’ in the

21 first sentence and inserting in lieu thereof ‘‘this

22 section’’;

23 (10) by striking out the section headings for

24 sections 7362, 7363, 7365, and 7367;
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1 (11) by striking out the heading for section

2 7361 and inserting in lieu thereof the following:

3 ‘‘§ 7361. Navy support for salvage operations’’;

4 and

5 (12) in the table of sections at the beginning of

6 such chapter—

7 (A) by striking out the item relating to

8 section 7361 and inserting in lieu thereof the

9 following:

‘‘7361. Navy support for salvage operations.’’;

10 and

11 (B) by striking out the items relating to

12 sections 7362, 7363, 7365, and 7367.

13 Subtitle D—Department of Defense

14 Commercial and Industrial Ac15 tivities

16 SEC. 43051. ACCOUNTING REQUIREMENT FOR CON17 TRACTED ADVISORY AND ASSISTANCE SERV18 ICES.

19 (a) FUNDING TO BE IDENTIFIED IN BUDGET.—Sec20 tion 1105 of title 31, United States Code, is amended by

21 adding at the end the following new subsection:

22 ‘‘(g)(1) The Director of the Office of Management

23 and Budget shall establish the funding for advisory and

24 assistance services for each department and agency as a
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1 separate object class in each budget annually submitted

2 to the Congress under this section.

3 ‘‘(2)(A) In paragraph (1), except as provided in sub4 paragraph (B), the term ‘advisory and assistance services’

5 means the following services when provided by nongovern6 mental sources:

7 ‘‘(i) Management and professional support serv8 ices.

9 ‘‘(ii) Studies, analyses, and evaluations.

10 ‘‘(iii) Engineering and technical services.

11 ‘‘(B) In paragraph (1), the term ‘advisory and assist12 ance services’ does not include the following services:

13 ‘‘(i) Routine automated data processing and

14 telecommunications services unless such services are

15 an integral part of a contract for the procurement

16 of advisory and assistance services.

17 ‘‘(ii) Architectural and engineering services.

18 ‘‘(iii) Technical support of research and devel19 opment activities.

20 ‘‘(iv) Research on basic mathematics or medi21 cal, biological, physical, social, psychological, or

22 other phenomena.’’.

23 (b) REPEAL OF SOURCE LAW.—Section 512 of Pub24 lic Law 102–394 (106 Stat. 1826) is repealed.

25 (c) REPEAL OF SUPERSEDED PROVISIONS.—
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1 (1) TITLE 10.—

2 (A) REPEAL.—Section 2212 of title 10,

3 United States Code, is repealed.

4 (B) CLERICAL AMENDMENT.—The table of

5 sections at the beginning of chapter 131 of such

6 title is amended by striking out the item relat7 ing to section 2212.

8 (2) TITLE 31.—

9 (A) REPEAL.—Section 1114 of title 31,

10 United States Code, is repealed.

11 (B) CLERICAL AMENDMENT.—The table of

12 sections at the beginning of chapter 11 of such

13 title is amended by striking out the item relat14 ing to section 1114.

15 Subtitle E—Fuel- and Energy16 Related Laws

17 SEC. 43061. LIQUID FUELS AND NATURAL GAS: CONTRACTS

18 FOR STORAGE, HANDLING, OR DISTRIBU19 TION.

20 Section 2388(a) of title 10, United States Code, is

21 amended by striking out ‘‘liquid fuels and natural gas’’

22 and inserting in lieu thereof ‘‘liquid fuels or natural gas’’.
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1 Subtitle F—Fiscal Statutes

2 SEC. 43071. DISBURSEMENT OF FUNDS OF MILITARY DE3 PARTMENT TO COVER OBLIGATIONS OF AN4 OTHER AGENCY OF DEPARTMENT OF DE5 FENSE.

6 Subsection (c)(2) of section 3321 of title 31, United

7 States Code, is amended by striking out ‘‘military depart8 ments of the’’ and inserting in lieu thereof ‘‘The’’.

9 Subtitle G—Miscellaneous

10 SEC. 43081. OBLIGATION OF FUNDS: LIMITATION.

11 Section 2202 of title 10, United States Code, is

12 amended to read as follows:

13 ‘‘§ 2202. Obligation of funds: limitation

14 ‘‘The Secretary of Defense shall prescribe regulations

15 governing the performance within the Department of De16 fense of the procurement, production, warehousing, and

17 supply distribution functions, and related functions, of the

18 Department of Defense.’’.

19 SEC. 43082. REPEAL OF REQUIREMENTS REGARDING PROD20 UCT EVALUATION ACTIVITIES.

21 (a) REPEAL.—Section 2369 of title 10, United States

22 Code, is repealed.

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

24 at the beginning of chapter 139 of such title is amended

25 by striking out the item related to section 2369.
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1 SEC. 43083. CODIFICATION AND REVISION OF LIMITATION

2 ON LEASE OF VESSELS, AIRCRAFT, AND VEHI3 CLES.

4 (a) LIMITATION.—

5 (1) IN GENERAL.—Chapter 141 of title 10,

6 United States Code, is amended by adding at the

7 end the following new section:

8 ‘‘§ 2410l. Lease of vessels, aircraft, and vehicles

9 ‘‘The head of an agency named in paragraph (1), (2),

10 (3), or (4) of section 2303(a) of this title may not enter

11 into any contract with a term of 18 months or more, or

12 extend or renew any contract for a term of 18 months

13 or more, for any vessel, aircraft, or vehicle, through a

14 lease, charter, or similar agreement without previously

15 having considered all costs of such lease (including esti16 mated termination liability) and determined in writing

17 that such lease is in the best interest of the Government.’’.

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended

20 by adding at the end the following:

‘‘2410l. Lease of vessels, aircraft, and vehicles.’’.

21 (b) REPEAL OF SUPERSEDED PROVISION.—Section

22 9081 of Public Law 101–165 (103 Stat. 1147; 10 U.S.C.

23 2401 note) is repealed.
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1 SEC. 43084. SOFT DRINK SUPPLIES FOR EXCHANGE

2 STORES.

3 Section 2424 of title 10, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(c) Paragraphs (1) and (2) of subsection (b) do not

7 apply to contracts for the procurement of soft drinks that

8 are manufactured in the United States. The Secretary of

9 Defense shall prescribe in regulations the standards and

10 procedures for determining whether a particular drink is

11 a soft drink and whether the drink was manufactured in

12 the United States.’’.

13 SEC. 43085. REPEAL OF PREFERENCE FOR RECYCLED

14 TONER CARTRIDGES.

15 The following provisions of law, relating to a pref16 erence for procurement of recycled toner cartridges, are

17 repealed:

18 (1) Section 630 of Public Law 102–393 (106

19 Stat. 1773) and the provision of law set out in

20 quotes in that section (42 U.S.C. 6962(j)).

21 (2) Section 401 of Public Law 103–123 (107

22 Stat. 1238).
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1 TITLE XLIV—SIMPLIFIED ACQUI2 SITION THRESHOLD AND SO3 CIOECONOMIC, SMALL BUSI4 NESS, AND MISCELLANEOUS

5 LAWS

6 Subtitle A—Simplified Acquisition

7 Threshold

8 PART I—ESTABLISHMENT OF THRESHOLD

9 SEC. 44001. SIMPLIFIED ACQUISITION THRESHOLD.

10 (a) TERM DEFINED.—Section 4(11) of the Office of

11 Federal Procurement Policy Act (41 U.S.C. 403(11)) is

12 amended to read as follows:

13 ‘‘(11) The term ‘simplified acquisition thresh14 old’ means $100,000.’’.

15 (b) INTERIM REPORTING RULE.—Until October 1,

16 1999, procuring activities shall continue to report procure17 ment awards with a dollar value of at least $25,000, but

18 less than $100,000, in conformity with the procedures for

19 the reporting of a contract award in excess of $25,000

20 that were in effect on October 1, 1992.

21 PART II—SIMPLIFICATION OF PROCEDURES

22 SEC. 44011. SIMPLIFIED ACQUISITION PROCEDURES.

23 The Office of Federal Procurement Policy Act (41

24 U.S.C. 401 et seq.) is amended by adding at the end the

25 following new section:
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1 ‘‘SIMPLIFIED ACQUISITION PROCEDURES

2 ‘‘SEC. 29. (a) In order to promote efficiency and

3 economy in contracting and to avoid unnecessary burdens

4 for agencies and contractors, the Federal Acquisition Reg5 ulation shall provide for special simplified procedures for

6 contracts for acquisition of property and services that are

7 not in excess of the simplified acquisition threshold.

8 ‘‘(b) Regulations prescribed pursuant to subsection

9 (a) shall include the following provisions:

10 ‘‘(1) A provision that a contract with an antici11 pated value not in excess of $2,500 is not subject to

12 section 15(j) of the Small Business Act (15 U.S.C.

13 644(j)) and section 2 of title III of the Act of March

14 3, 1933 (commonly known as the ‘Buy America

15 Act’) (41 U.S.C. 10a et seq.).

16 ‘‘(2) A provision that a civilian or military offi17 cial, or employee of an agency, whose contracting

18 authority does not exceed $2,500 is not a procure19 ment official for the purposes of section 27 of this

20 Act.

21 ‘‘(3) A provision that a purchase not in excess

22 of $2,500 may be made without obtaining competi23 tive quotations if the contracting officer determines

24 that the price for the purchase is reasonable.
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1 ‘‘(4) A requirement that purchases not in ex2 cess of $2,500 be distributed equitably among quali3 fied suppliers.

4 ‘‘(5) A requirement that a contracting officer

5 consider each responsive offer timely received from

6 an eligible offeror.

7 ‘‘(c) A proposed purchase or contract for an amount

8 above the simplified acquisition threshold may not be di9 vided into several purchases or contracts for lesser

10 amounts in order to use the simplified acquisition proce11 dures required by subsection (a).

12 ‘‘(d) In using simplified acquisition procedures, the

13 head of an executive agency shall promote competition to

14 the maximum extent practicable.’’.

15 SEC. 44012. SMALL BUSINESS RESERVATION.

16 Section 15(j) of the Small Business Act (15 U.S.C.

17 644(j)) is amended to read as follows:

18 ‘‘(j)(1) Each contract for the purchase of goods and

19 services that has an anticipated value in excess of $2,500

20 but not in excess of the simplified acquisition threshold

21 and that is subject to simplified acquisition procedures

22 prescribed pursuant to section 29 of the Office of Federal

23 Procurement Policy Act shall be reserved exclusively for

24 small business concerns unless the contracting officer is

25 unable to obtain offers from two or more small business
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1 concerns that are competitive with market prices and are

2 competitive with regard to the quality and delivery of the

3 goods or services being purchased.

4 ‘‘(2) In carrying out paragraph (1), a contracting of5 ficer shall consider a responsive offer timely received from

6 an eligible small business offeror.

7 ‘‘(3) Nothing in paragraph (1) shall be construed as

8 precluding an award of a contract with a value not in ex9 cess of the simplified acquisition threshold under the au10 thority of subsection (a) or (c) of section 8 of this Act,

11 section 2323 of title 10, United States Code, or section

12 712 of the Business Opportunity Development Reform Act

13 of 1988 (Public Law 100–656; 15 U.S.C. 644 note).’’.

14 SEC. 44013. FAST PAYMENT UNDER SIMPLIFIED ACQUISI15 TION PROCEDURES.

16 (a) PAYMENT PROCEDURES.—The simplified acquisi17 tion procedures described in section 29(a) of the Office

18 of Federal Procurement Policy Act (as added by section

19 44011) shall provide for use of the payment terms de20 scribed in subsection (b), and for the disbursement of pay21 ment through electronic fund transfer, whenever cir22 cumstances permit.

23 (b) REQUIRED PAYMENT TERMS.—The payment

24 terms for a purchase made pursuant to simplified acquisi25 tion procedures shall require payment, in accordance with
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1 the provisions of chapter 39 of title 31, United States

2 Code, within 15 days after the date of the receipt of a

3 proper invoice for products delivered or services per4 formed, if—

5 (1) in the case of a purchase of property, title

6 to the property vests in the Government upon deliv7 ery of the property to the Government or to a com8 mon carrier;

9 (2) in the case of property or services for which

10 payment is due before the Government’s acceptance

11 of the property or services, the vendor provides com12 mercial or other appropriate warranties assuring

13 that the property or services purchased conform to

14 the requirements set forth in the Government’s pur15 chase offer; and

16 (3) funds are available for making the payment.

17 (c) DISBURSEMENTS TO BE MATCHED WITH OBLI18 GATIONS.—The simplified acquisition procedures shall in19 clude procedures that ensure that each request for a dis20 bursement is matched with a particular obligation before

21 the disbursement is made under the payment terms pro22 vided for under subsection (a).

23 SEC. 44014. PROCUREMENT NOTICE.

24 (a) CONTINUATION OF EXISTING NOTICE THRESH25 OLDS.—Subsection (a) of section 18 of the Office of Fed-
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1 eral Procurement Policy Act (41 U.S.C. 416) is amend2 ed—

3 (1) in paragraph (1), by striking out ‘‘the small

4 purchase threshold’’ each place it appears and in5 serting in lieu thereof ‘‘$25,000’’; and

6 (2) in paragraph (3)(B), by inserting after

7 ‘‘(B)’’ the following: ‘‘in the case of a contract or

8 order expected to exceed the simplified acquisition

9 threshold,’’.

10 (b) CONTENT OF NOTICE.—Subsection (b) of such

11 section is amended—

12 (1) by striking out ‘‘and’’ at the end of para13 graph (4);

14 (2) by striking out the period at the end of

15 paragraph (5) and inserting in lieu thereof a semi16 colon; and

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

18 ‘‘(6) in the case of a contract in an amount es19 timated to exceed $25,000 but not to exceed the

20 simplified acquisition threshold—

21 ‘‘(A) a description of the procedures to be

22 used in awarding the contract; and

23 ‘‘(B) a statement specifying the periods for

24 prospective offerors and the contracting officer
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1 to take the necessary preaward and award ac2 tions.’’.

3 (c) NOTICE NOT REQUIRED IN ELECTRONIC COM4 MERCE.—Subsection (c)(1) of such section, as amended

5 by section 41055(b), is further amended—

6 (1) by redesignating subparagraphs (A), (B),

7 (C), (D), (E) and (F) as subparagraphs (B), (C),

8 (D), (E), (F), and (G), respectively; and

9 (2) by inserting above subparagraph (B), as so

10 redesignated, the following new subparagraph (A):

11 ‘‘(A) the proposed procurement is conducted by

12 means of electronic commerce pursuant to a system

13 that, as determined by the Administrator for Fed14 eral Procurement Policy, has the capabilities de15 scribed in subsections (a) and (b) of section 44015

16 of the Federal Acquisition Streamlining Act of

17 1994;’’.

18 (d) NOTICE UNDER THE SMALL BUSINESS ACT.—

19 (1) CONTINUATION OF EXISTING NOTICE

20 THRESHOLDS.—Subsection (e) of section 8 of the

21 Small Business Act (15 U.S.C. 637) is amended—

22 (A) in paragraph (1), by striking out ‘‘the

23 small purchase threshold’’ each place it appears

24 and inserting in lieu thereof ‘‘$25,000’’; and
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1 (B) in paragraph (3)(B), by inserting after

2 ‘‘(B)’’ the following: ‘‘in the case of a contract

3 or order estimated to exceed the simplified ac4 quisition threshold,’’.

5 (2) CONTENT OF NOTICE.—Subsection (f) of

6 such section is amended—

7 (A) by striking out ‘‘and’’ at the end of

8 paragraph (4);

9 (B) by striking out the period at the end

10 of paragraph (5) and inserting in lieu thereof a

11 semicolon; and

12 (C) by adding at the end the following:

13 ‘‘(6) in the case of a contract in an amount es14 timated to exceed the $25,000 but not to exceed the

15 simplified acquisition threshold—

16 ‘‘(A) a description of the procedures to be

17 used in awarding the contract; and

18 ‘‘(B) a statement specifying the periods for

19 prospective offerors and the contracting officer

20 to take the necessary preaward and award ac21 tions.’’.

22 SEC. 44015. ELECTRONIC COMMERCE FOR FEDERAL GOV23 ERNMENT PROCUREMENTS.

24 (a) DEVELOPMENT AND IMPLEMENTATION OF SYS25 TEM.—The Administrator for Federal Procurement Pol-
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1 icy, in consultation with the heads of appropriate Federal

2 Government agencies having applicable technical and

3 functional expertise, may take appropriate steps to develop

4 and implement a Federal Governmentwide architecture or

5 design for electronic commerce that provides interoper6 ability among users.

7 (b) REQUIRED CAPABILITIES.—The requirements

8 analysis prepared to implement the architecture or design

9 of a system of electronic commerce referred to in sub10 section (a) shall have the following capabilities:

11 (1) The maximum practicable capability for

12 electronic exchange of such procurement information

13 as solicitations, offers, contracts, purchase orders,

14 invoices, payments, and other contractual documents

15 between the private sector and the Federal Govern16 ment.

17 (2) Capabilities that increase the access of busi18 nesses, including small business concerns, socially

19 and economically disadvantaged small business con20 cerns, and businesses owned predominantly by

21 women, to Federal Government procurement oppor22 tunities.

23 (3) Easy access for potential Federal Govern24 ment contractors.
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1 (4) Use of nationally and internationally recog2 nized data formats that broaden and ease electronic

3 interchange of data.

4 (5) Use of Federal Government systems and

5 networks and industry systems and networks.

6 (c) NOTICE AND SOLICITATION REGULATIONS.—In

7 connection with implementation of the architecture or de8 sign referred to in subsection (a), the Federal Acquisition

9 Regulatory Council shall ensure that the Federal Acquisi10 tion Regulation contains appropriate notice and solicita11 tion provisions applicable to acquisitions conducted

12 through such architecture or design. The provisions shall

13 specify the required form and content of notices of acquisi14 tions and the minimum periods for notifications of solicita15 tions and for deadlines for the submission of offers under

16 solicitations. Each minimum period specified for a notifi17 cation of solicitation and each deadline for the submission

18 of offers under a solicitation shall afford potential offerors

19 a reasonable opportunity to respond.

20 (d) LIMITATION OF PUBLICATION REQUIREMENT.—

21 The requirement in section 18(a) of the Office of Federal

22 Procurement Policy Act (41 U.S.C. 416(a)) and section

23 8(e) of the Small Business Act (15 U.S.C. 637(e)) for

24 publishing notice of a solicitation in the Commerce Busi25 ness Daily shall not apply to acquisitions of a Federal
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1 agency or a component of a Federal agency that are made

2 through electronic commerce and have a value not in ex3 cess of the simplified acquisition threshold if the Federal

4 Acquisition Regulation contains the provisions specifically

5 required by subsection (c) and the Administrator for Fed6 eral Procurement Policy certifies that such agency or com7 ponent—

8 (1) has fully implemented the architecture or

9 design referred to in subsection (a); and

10 (2) has procedures in place—

11 (A) to provide notice to potential offerors

12 in accordance with the requirements of the Fed13 eral Acquisition Regulation prescribed pursuant

14 to subsection (c); and

15 (B) to ensure that small business concerns

16 are afforded an opportunity to respond to a so17 licitation of contract offers within the period

18 specified in the solicitation.

19 (e) DEFINITION.—In this section, the term ‘‘sim20 plified acquisition threshold’’ has the meaning given that

21 term is section 4(11) of the Office of Federal Procurement

22 Policy Act (41 U.S.C. 403(11)).
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1 PART III—APPLICABILITY OF LAWS TO ACQUISI2 TIONS NOT IN EXCESS OF SIMPLIFIED AC3 QUISITION THRESHOLD

4 SEC. 44021. FUTURE ENACTED PROCUREMENT LAWS.

5 The Office of Federal Procurement Policy Act (41

6 U.S.C. 401 et seq.), as amended by section 44011, is fur7 ther amended by adding at the end the following new sec8 tion:

9 ‘‘APPLICABILITY OF CERTAIN LAWS TO CONTRACTS NOT

10 EXCEEDING SIMPLIFIED ACQUISITION THRESHOLD

11 ‘‘SEC. 30. (a) IN GENERAL.—The applicability of a

12 provision of law described in subsection (b) to contracts

13 not in excess of the simplified acquisition threshold may

14 be waived on a class basis in the Federal Acquisition Reg15 ulation. Such a waiver shall not apply to a provision of

16 law that expressly refers to this section and prohibits the

17 waiver of that provision of law.

18 ‘‘(b) REFERENCED LAW.—A provision of law referred

19 to in subsection (a) is any provision of law enacted after

20 the date of the enactment of the Federal Acquisition

21 Streamlining Act of 1994 that, as determined by the Ad22 ministrator for Federal Procurement Policy, sets forth

23 policies, procedures, requirements, or restrictions for the

24 procurement of property or services by the Federal Gov25 ernment.’’.
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1 SEC. 44022. ARMED SERVICES ACQUISITIONS.

2 (a) REQUIREMENT FOR CONTRACT CLAUSE REGARD3 ING CONTINGENT FEES.—Section 2306(b) of title 10,

4 United States Code, is amended by adding at the end the

5 following: ‘‘This subsection does not apply to a contract

6 that is not in excess of the simplified acquisition thresh7 old.’’.

8 (b) PROHIBITION ON LIMITING SUBCONTRACTOR DI9 RECT SALES TO THE UNITED STATES.—Section 2402 of

10 title 10, United States Code, is amended by adding at the

11 end the following new subsection:

12 ‘‘(c) This section does not apply to a contract that

13 is not in excess of the simplified acquisition threshold (as

14 defined in section 4(11) of the Office of Federal Procure15 ment Policy Act (41 U.S.C. 403(11))).’’.

16 (c) AUTHORITY TO EXAMINE BOOKS AND RECORDS

17 OF CONTRACTORS.—Section 2313 of title 10, United

18 States Code, as amended by section 42201, is further

19 amended by adding at the end of subsection (f) the follow20 ing:

21 ‘‘(2) A contract that is not in excess of the sim22 plified acquisition threshold.’’.

23 (d) REQUIREMENT TO IDENTIFY SUPPLIERS AND

24 SOURCES OF SUPPLIES.—Section 2384(b) of title 10,

25 United States Code, is amended by adding at the end the

26 following new paragraph:
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1 ‘‘(3) The regulations prescribed pursuant to para2 graph (1) do not apply to a contract that does not exceed

3 the simplified acquisition threshold (as defined in section

4 4(11) of the Office of Federal Procurement Policy Act (41

5 U.S.C. 403(11))).’’.

6 (e) PROHIBITION AGAINST DOING BUSINESS WITH

7 CERTAIN OFFERORS OR CONTRACTORS.—Section 2393(d)

8 of title 10, United States Code, is amended in the second

9 sentence by striking out ‘‘above’’ and all that follows and

10 inserting in lieu thereof ‘‘in excess of the simplified acqui11 sition threshold (as defined in section 4(11) of the Office

12 of Federal Procurement Policy Act (41 U.S.C.

13 403(11))).’’.

14 (f) PROHIBITION ON PERSONS CONVICTED OF DE15 FENSE-CONTRACT RELATED FELONIES.—Section

16 2408(a) of title 10, United States Code, is amended by

17 adding at the end the following new paragraph:

18 ‘‘(4) The prohibition in paragraph (1) does not apply

19 with respect to the following:

20 ‘‘(A) A contract referred to in subparagraph

21 (A), (B), (C), or (D) of such paragraph that is not

22 in excess of the simplified acquisition threshold (as

23 defined in section 4(11) of the Office of Federal

24 Procurement Policy Act (41 U.S.C. 403(11))).
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1 ‘‘(C) A subcontract referred to in such subpara2 graph that is under a contract described in subpara3 graph (A).’’.

4 SEC. 44023. CIVILIAN AGENCY ACQUISITIONS.

5 (a) REQUIREMENT FOR CONTRACT CLAUSE REGARD6 ING CONTINGENT FEES.—Section 304(a) of the Federal

7 Property and Administrative Services Act of 1949 (41

8 U.S.C. 254(a)) is amended by adding at the end the fol9 lowing: ‘‘The preceding sentence does not apply to a con10 tract that is not in excess of the simplified acquisition

11 threshold.’’.

12 (b) PROHIBITION ON LIMITING SUBCONTRACTOR DI13 RECT SALES TO THE UNITED STATES.—Section 303G of

14 the Federal Property and Administrative Services Act of

15 1949 (41 U.S.C. 253g) is amended by adding at the end

16 the following new subsection:

17 ‘‘(c) This section does not apply to a contract that

18 is not in excess of the simplified acquisition threshold.’’.

19 (c) AUTHORITY TO EXAMINE BOOKS AND RECORDS

20 OF CONTRACTORS.—Section 304B of the Federal Prop21 erty and Administrative Services Act of 1949, as added

22 by section 42251(a), is amended by adding at the end of

23 subsection (f) the following:

24 ‘‘(2) A contract that is not in excess of the sim25 plified acquisition threshold.’’.
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1 SEC. 44024. ACQUISITIONS GENERALLY.

2 (a) LIMITATION ON USE OF FUNDS TO INFLUENCE

3 CERTAIN FEDERAL ACTIONS.—Section 1352(e)(2)(B) of

4 title 31, United States Code, is amended by striking out

5 ‘‘$100,000’’ and inserting in lieu thereof ‘‘the simplified

6 acquisition threshold (as defined in section 4(11) of the

7 Office of Federal Procurement Policy Act (41 U.S.C.

8 403(11)))’’.

9 (b) REQUIREMENT FOR CONTRACT CLAUSE RELAT10 ING TO KICKBACKS.—Section 7 of the Anti-Kickback Act

11 of 1986 (41 U.S.C. 57) is amended by adding at the end

12 the following new subsection:

13 ‘‘(d) Subsections (a) and (b) do not apply to a prime

14 contract that is not in excess of the simplified acquisition

15 threshold (as defined in section 4(11) of the Office of Fed16 eral Procurement Policy Act (41 U.S.C. 403(11))).’’.

17 (c) MILLER ACT.—

18 (1) IN GENERAL.—

19 (A) CONTRACTS NOT EXCEEDING SIM20 PLIFIED ACQUISITION THRESHOLD.—The Act

21 of August 24, 1935 (40 U.S.C. 270a et seq.),

22 commonly referred to as the ‘‘Miller Act’’, is

23 amended by adding at the end the following

24 new section:

25 ‘‘SEC. 5. This Act does not apply to a contract in

26 an amount that is not in excess of the simplified acquisi-
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1 tion threshold (as defined in section 4(11) of the Office

2 of Federal Procurement Policy Act (41 U.S.C.

3 403(11))).’’.

4 (B) CONFORMING AMENDMENT.—Sub5 section (a) of the first section of such Act is

6 amended by striking out ‘‘, exceeding $25,000

7 in amount,’’.

8 (2) ALTERNATIVE PAYMENT PROTECTIONS.—

9 (A) PROTECTIONS TO BE SPECIFIED IN

10 THE FAR.—The Federal Acquisition Regulation

11 shall provide alternatives to payment bonds as

12 payment protections for suppliers of labor and

13 materials under contracts referred to in sub14 paragraph (C).

15 (B) USE OF AUTHORIZED PROTECTIONS.—

16 The contracting officer for a contract shall—

17 (i) select, from among the payment

18 protections provided for in the Federal Ac19 quisition Regulation pursuant to subpara20 graph (A), one or more payment protec21 tions which the offeror awarded the con22 tract is to submit to the Federal Govern23 ment for the protection of suppliers of

24 labor and materials for such contract; and
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1 (ii) specify in the solicitation of offers

2 for such contract the payment protection

3 or protections so selected.

4 (C) COVERED CONTRACTS.—

5 (i) APPLICABILITY.—The regulations

6 required under subparagraph (A) and the

7 requirements of subparagraph (B) apply

8 with respect to contracts referred to in

9 subsection (a) of the first section of the

10 Miller Act that are in excess of $25,000

11 but not in excess of the simplified acquisi12 tion threshold (as defined in section 4(11)

13 of the Office of Federal Procurement Pol14 icy Act (41 U.S.C. 403(11))).

15 (ii) MILLER ACT REFERENCE.—The

16 Miller Act referred to in subparagraph (A)

17 is the Act of August 24, 1935 (40 U.S.C.

18 270a et seq.), commonly referred to as the

19 ‘‘Miller Act’’.

20 (d) CONTRACT WORK HOURS AND SAFETY STAND21 ARDS ACT.—

22 (1) IN GENERAL.—Section 103 of the Contract

23 Work Hours and Safety Standards Act (40 U.S.C.

24 329) is amended by adding at the end the following

25 new subsection:
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1 ‘‘(c) This title does not apply to a contract in an

2 amount that is not in excess of the simplified acquisition

3 threshold (as defined in section 4(11) of the Office of Fed4 eral Procurement Policy Act (41 U.S.C. 403(11))).’’.

5 (2) CONFORMING AMENDMENT.—Section

6 107(a) of such Act (40 U.S.C. 333(a)) is amended

7 by inserting after ‘‘It shall be a condition of each

8 contract’’ the following: ‘‘(other than a contract re9 ferred to in section 103(c))’’.

10 (e) DRUG-FREE WORKPLACE ACT OF 1988.—Section

11 5152(a)(1) of the Drug-Free Workplace Act of 1988 (sub12 title D of title V of the Anti-Drug Abuse Act of 1988;

13 Public Law 100–690; 41 U.S.C. 701(a)(1)) is amended

14 by striking out ‘‘of $25,000 or more from any Federal

15 agency’’ and inserting in lieu thereof ‘‘in excess of the sim16 plified acquisition threshold (as defined in section 4(11)

17 of such Act (41 U.S.C. 403(11))) by any Federal agency’’.

18 (f) CERTAIN PROCUREMENT INTEGRITY REQUIRE19 MENTS.—

20 (1) CERTIFICATION REQUIREMENT.—Sub21 section (e)(7)(A) of section 27 of the Office of Fed22 eral Procurement Policy Act (41 U.S.C. 423) is

23 amended by striking out ‘‘$100,000’’ and inserting

24 in lieu thereof ‘‘the simplified acquisition threshold’’.
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1 (2) CONTRACT CLAUSE REQUIREMENT.—Sub2 section (g)(1) of such section is amended by insert3 ing after ‘‘awarded by a Federal agency’’ the follow4 ing: ‘‘(other than a contract in an amount that is

5 not in excess of the simplified acquisition thresh6 old)’’.

7 (g) SOLID WASTE DISPOSAL ACT.—Section 6002(a)

8 of the Solid Waste Disposal Act (42 U.S.C. 6962(a)) is

9 amended by striking out all that follows ‘‘with respect to

10 any’’ and inserting in lieu thereof ‘‘contract in excess of

11 the simplified acquisition threshold (as defined in section

12 4(11) of the Office of Federal Procurement Policy Act (41

13 U.S.C. 403(11))).’’.

14 PART IV—CONFORMING AMENDMENTS

15 SEC. 44071. ARMED SERVICES ACQUISITIONS.

16 (a) SIMPLIFIED ACQUISITION PROCEDURES.—Sec17 tion 2304(g) of title 10, United States Code, is amended—

18 (1) in paragraph (1), by striking out ‘‘small

19 purchases of property and services’’ and inserting in

20 lieu thereof ‘‘purchases of property and services not

21 in excess of the simplified acquisition threshold’’;

22 (2) by striking out paragraph (2);

23 (3) by redesignating paragraphs (3) and (4) as

24 paragraphs (2) and (3), respectively;

25 (4) in paragraph (2), as so redesignated—
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1 (A) by striking out ‘‘small purchase

2 threshold’’ and inserting in lieu thereof ‘‘sim3 plified acquisition threshold’’; and

4 (B) by striking out ‘‘small purchase proce5 dures’’ and inserting in lieu thereof ‘‘simplified

6 procedures’’; and

7 (5) in paragraph (3), as redesignated by para8 graph (3), by striking out ‘‘small purchase proce9 dures’’ and inserting in lieu thereof ‘‘the simplified

10 procedures’’.

11 (b) SOLICITATION CONTENT REQUIREMENT.—Sec12 tion 2305(a)(2) of title 10, United States Code, is amend13 ed by striking out ‘‘small purchases)’’ in the matter above

14 subparagraph (A) and inserting in lieu thereof ‘‘purchases

15 not in excess of the simplified acquisition threshold)’’.

16 (c) COST TYPE CONTRACTS.—Section 2306(e)(2)(A)

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

18 out ‘‘small purchase threshold’’ and inserting in lieu there19 of ‘‘simplified acquisition threshold’’.

20 SEC. 44072. CIVILIAN AGENCY ACQUISITIONS.

21 (a) SIMPLIFIED ACQUISITION PROCEDURES.—

22 (1) PROPERTY AND SERVICES GENERALLY.—

23 Section 303(g) of the Federal Property and Admin24 istrative Services Act of 1949 (41 U.S.C. 253(g)) is

25 amended—
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1 (A) in paragraph (1), by striking out

2 ‘‘small purchases of property and services’’ and

3 inserting in lieu thereof ‘‘purchases of property

4 and services not in excess of the simplified ac5 quisition threshold’’;

6 (B) by striking out paragraphs (2) and

7 (5);

8 (C) in paragraph (3)—

9 (i) by striking out ‘‘small purchase

10 threshold’’ and inserting in lieu thereof

11 ‘‘simplified acquisition threshold’’; and

12 (ii) by striking out ‘‘small purchase

13 procedures’’ and inserting in lieu thereof

14 ‘‘simplified procedures’’;

15 (E) in paragraph (4), by striking out

16 ‘‘small purchase procedures’’ and inserting in

17 lieu thereof ‘‘the simplified procedures’’; and

18 (F) by inserting after paragraph (1) the

19 following new paragraph (2):

20 ‘‘(2)(A) The Administrator of General Services shall

21 prescribe regulations that provide special simplified proce22 dures for acquisitions of leasehold interests in real prop23 erty at rental rates that do not exceed the simplified acqui24 sition threshold.
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1 ‘‘(B) For purposes of subparagraph (A), the rental

2 rate or rates under a multiyear lease do not exceed the

3 simplified acquisition threshold if the average annual

4 amount of the rent payable for the period of the lease does

5 not exceed the simplified acquisition threshold.’’.

6 (b) SOLICITATION CONTENT REQUIREMENT.—Sec7 tion 303A(b) of the Federal Property and Administrative

8 Services Act of 1949 (41 U.S.C. 253a(b)) is amended by

9 striking out ‘‘small purchases)’’ in the matter above para10 graph (1) and inserting in lieu thereof ‘‘purchases not in

11 excess of the simplified acquisition threshold)’’.

12 (c) COST TYPE CONTRACTS.—Section 304(b) of the

13 Federal Property and Administrative Services Act of 1949

14 (41 U.S.C. 254(b)), as amended by section 41071, is fur15 ther amended in the second sentence by striking out ‘‘ei16 ther $25,000’’ and inserting in lieu thereof ‘‘either the

17 simplified acquisition threshold’’.

18 SEC. 44073. OFFICE OF FEDERAL PROCUREMENT POLICY

19 ACT.

20 Section 19(a) of the Office of Federal Procurement

21 Policy Act (41 U.S.C. 417(a)) is amended by striking out

22 ‘‘procurements, other than small purchases,’’ and insert23 ing in lieu thereof ‘‘procurements in excess of the sim24 plified acquisition threshold’’.
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1 SEC. 44074. SMALL BUSINESS ACT.

2 (a) DEFINITION.—Section 3(m) of the Small Busi3 ness Act (15 U.S.C. 632(m)) is amended by striking out

4 ‘‘ ‘small purchase threshold’ ’’ and inserting in lieu thereof

5 ‘‘ ‘simplified acquisition threshold’ ’’.

6 (b) USE OF SIMPLIFIED ACQUISITION THRESHOLD

7 TERM.—Section 8(d)(2)(A) of the Small Business Act (15

8 U.S.C. 637(d)(2)(A)) is amended by striking out ‘‘small

9 purchase threshold’’ and inserting in lieu thereof ‘‘sim10 plified acquisition threshold’’.

11 PART V—REVISION OF REGULATIONS

12 SEC. 44081. REVISION REQUIRED.

13 (a) FEDERAL ACQUISITION REGULATION.—The Fed14 eral Acquisition Regulatory Council established by section

15 25(a) of the Office of Federal Procurement Policy Act (41

16 U.S.C. 421(a)) shall review the Federal Acquisition Regu17 lation to identify regulations that are applicable to acquisi18 tions in excess of a specified amount that is less than

19 $100,000. The Council shall amend the regulations so

20 identified as necessary to provide that such regulations do

21 not apply to acquisitions that are not in excess of the sim22 plified acquisition threshold. The preceding sentence does

23 not apply in the case of a regulation for which such an

24 amendment would not be in the national interest, as deter25 mined by the Council.
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1 (b) SUPPLEMENTAL REGULATIONS.—The head of

2 each Federal agency that has issued regulations, policies,

3 or procedures referred to in section 25(c)(2) of the Office

4 of Federal Procurement Policy Act (41 U.S.C. 421(c)(2))

5 shall identify any such regulations, policies, or procedures

6 that are applicable to acquisitions in excess of a specified

7 amount that is less than $100,000. The agency head shall

8 amend the regulations so identified as necessary to provide

9 that such regulations, policies, and procedures do not

10 apply to acquisitions that are not in excess of the sim11 plified acquisition threshold. The preceding sentence does

12 not apply in the case of a regulation, policy, or procedure

13 for which such an amendment would not be in the national

14 interest, as determined by the agency head.

15 (c) COMPLETION OF ACTIONS.—All actions under

16 this section shall be completed not later than 180 days

17 after the date of the enactment of this division.

18 (d) DEFINITIONS.—In this section:

19 (1) The term ‘‘simplified acquisition threshold’’

20 has the meaning given such term in section 4(11) of

21 the Office of Federal Procurement Policy Act (41

22 U.S.C. 403(11)), as amended by section 44001.

23 (2) The term ‘‘Federal agency’’ has the mean24 ing given such term in section 3(b) of the Federal
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1 Property and Administrative Services Act of 1949

2 (41 U.S.C. 472(b)).

3 Subtitle B—Socioeconomic and

4 Small Business Laws

5 SEC. 44101. ACQUISITIONS GENERALLY.

6 (a) REPEAL OF EXECUTED REPORTING REQUIRE7 MENT.—Section 306 of the Trade Agreements Act of 1979

8 (19 U.S.C. 2516) is repealed.

9 (b) WALSH-HEALEY ACT.—

10 (1) REPEAL OTHER THAN FOR CERTAIN DEFI11 NITIONAL PURPOSES.—The Act of June 30, 1936

12 (41 U.S.C. 35 et seq.), commonly referred to as the

13 ‘‘Walsh-Healey Act’’, is amended to read as follows:

14 ‘‘SECTION 1. (a) The Secretary of Labor may pre15 scribe in regulations the standards for determining wheth16 er a contractor is a manufacturer of or a regular dealer

17 in materials, supplies, articles, or equipment to be manu18 factured or used in the performance of a contract entered

19 into by any executive department, independent establish20 ment, or other agency or instrumentality of the United

21 States, or by the District of Columbia, or by any corpora22 tion all the stock of which is beneficially owned by the

23 United States, for the manufacture or furnishing of mate24 rials, supplies, articles, and equipment.
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1 ‘‘(b) Any interested person shall have the right of ju2 dicial review of any legal question regarding the interpre3 tation of the terms ‘regular dealer’ and ‘manufacturer’,

4 as defined pursuant to subsection (a).’’

5 (2) CONFORMING AMENDMENT.—Section

6 2304(h) of title 10, United States Code, is amended

7 to read as follows:

8 ‘‘(h) For the purposes of the Act entitled ‘An Act

9 relating to the rate of wages for laborers and mechanics

10 employed on public buildings of the United States and the

11 District of Columbia by contractors and subcontractors,

12 and for other purposes’, approved March 3, 1931 (com13 monly referred to as the ‘Davis-Bacon Act’) (40 U.S.C.

14 276a et seq.), purchases or contracts awarded after using

15 procedures other than sealed-bid procedures shall be treat16 ed as if they were made with sealed-bid procedures.’’.

17 (c) REPEAL OF REDUNDANT REQUIREMENT RE18 GARDING APPLICABILITY OF THE DAVIS-BACON ACT AND

19 THE WALSH-HEALEY ACT.—Section 308 of the Federal

20 Property and Administrative Services Act of 1949 (41

21 U.S.C. 258) is repealed.

22 SEC. 44102. ACQUISITIONS FROM SMALL BUSINESSES.

23 (a) SET-ASIDE PRIORITY.—Section 15 of the Small

24 Business Act (15 U.S.C. 644) is amended by striking out

25 subsections (e) and (f).
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1 (b) CERTIFICATE OF COMPETENCE.—Section 804 of

2 Public Law 103–484 (106 Stat. 2447; 10 U.S.C. 2305

3 note) is repealed.

4 SEC. 44103. CONTRACTING PROGRAM FOR CERTAIN SMALL

5 BUSINESS CONCERNS.

6 (a) PROCUREMENT PROCEDURES AUTHORIZED.—

7 Section 8 of the Small Business Act (15 U.S.C. 637) is

8 amended by inserting after subsection (b) the following

9 new subsection:

10 ‘‘(c)(1) To facilitate the attainment of a goal for the

11 participation of small business concerns owned and con12 trolled by socially and economically disadvantaged individ13 uals that is established for a Federal agency pursuant to

14 section 15(g)(1), the head of the agency may enter into

15 contracts using—

16 ‘‘(A) less than full and open competition by re17 stricting the competition for such awards to small

18 business concerns owned and controlled by socially

19 and economically disadvantaged individuals de20 scribed in subsection (d)(3)(C) of this section; and

21 ‘‘(B) a price evaluation preference not in excess

22 of 10 percent when evaluating an offer received from

23 such a small business concern as the result of an un24 restricted solicitation.
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1 ‘‘(2) Paragraph (1) does not apply to the Department

2 of Defense.’’.

3 (b) IMPLEMENTATION THROUGH THE FEDERAL AC4 QUISITION REGULATION.—

5 (1) IN GENERAL.—The Federal Acquisition

6 Regulation shall be amended to provide for uniform

7 implementation of the authority provided in section

8 8(c) of the Small Business Act, as added by sub9 section (a).

10 (2) MATTERS TO BE ADDRESSED.—The provi11 sions of the Federal Acquisition Regulation pre12 scribed pursuant to paragraph (1) shall include—

13 (A) conditions for the use of advance pay14 ments;

15 (B) provisions for contract payment terms

16 that provide for—

17 (i) accelerated payment for work per18 formed during the period for contract per19 formance; and

20 (ii) full payment for work performed;

21 (C) guidance on how contracting officers

22 may use, in solicitations for various classes of

23 products or services, a price evaluation pref24 erence pursuant to section 8(c)(1)(B) of the

25 Small Business Act, as added by subsection (a),
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1 to provide a reasonable advantage to small busi2 ness concerns owned and controlled by socially

3 and economically disadvantaged individuals

4 without effectively eliminating any participation

5 of other small business concerns; and

6 (D)(i) procedures for a person to request

7 the head of Federal agency to determine wheth8 er the use of competitions restricted to small

9 business concerns owned and controlled by so10 cially and economically disadvantaged individ11 uals at a contracting activity of such agency

12 has caused a particular industry category to

13 bear a disproportionate share of the contracts

14 awarded to attain the goal established for that

15 contracting activity; and

16 (ii) guidance for limiting the use of such

17 restricted competitions in the case of any con18 tracting activity and class of contracts deter19 mined in accordance with such procedures to

20 have caused a particular industry category to

21 bear a disproportionate share of the contracts

22 awarded to attain the goal established for that

23 contracting activity.
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1 (c) TERMINATION.—Section 8(c) of the Small Busi2 ness Act, as added by subsection (a), shall cease to be

3 effective at the end of September 30, 1999.

4 SEC. 44104. PROCUREMENT GOALS FOR SMALL BUSINESS

5 CONCERNS OWNED BY WOMEN.

6 (a) GOALS.—Section 15 of the Small Business Act

7 (15 U.S.C. 644) is amended—

8 (1) by striking out ‘‘and small business con9 cerns owned and controlled by socially and economi10 cally disadvantaged individuals’’ each place it ap11 pears in the first sentence and fourth sentences of

12 subsection (g)(1), the second sentence of subsection

13 (g)(2), and paragraphs (1), (2)(A), (2)(D), and

14 (2)(E) of subsection (h) and inserting in lieu thereof

15 ‘‘, small business concerns owned and controlled by

16 socially and economically disadvantaged individuals,

17 and small business concerns owned and controlled by

18 women’’;

19 (2) in subsection (g)—

20 (A) by inserting after the third sentence of

21 paragraph (1) the following: ‘‘The Government22 wide goal for participation by small business

23 concerns owned and controlled by women shall

24 be established at not less than 5 percent of the
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1 total value of all prime contract and sub2 contract awards for each fiscal year.’’;

3 (B) in the first sentence of paragraph (2),

4 by striking out ‘‘and by small business concerns

5 owned and controlled by socially and economi6 cally disadvantaged individuals,’’ and inserting

7 in lieu thereof ‘‘, by small business concerns

8 owned and controlled by socially and economi9 cally disadvantaged individuals, and by small

10 business concerns owned and controlled by

11 women’’; and

12 (C) in the fourth sentence of paragraph

13 (2), by inserting after ‘‘including participation

14 by small business concerns owned and con15 trolled by socially and economically disadvan16 taged individuals’’ the following: ‘‘and by par17 ticipation small business concerns owned and

18 controlled by women’’; and

19 (3) in subsection (h)(2)(F), by striking out

20 ‘‘women-owned small business enterprises’’ and in21 serting in lieu thereof ‘‘small business concerns

22 owned and controlled by women’’.

23 (b) SUBCONTRACT PARTICIPATION.—Section 8(d) of

24 such Act (15 U.S.C. 637(d)) is amended—
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1 (1) by striking out ‘‘and small business con2 cerns owned and controlled by socially and economi3 cally disadvantaged individuals’’ both places it ap4 pears in paragraph (1), both places it appears in

5 paragraph (3)(A), in paragraph (4)(D), in subpara6 graphs (A), (C), and (F) of paragraph (6), and in

7 paragraph (10)(B) and inserting in lieu thereof ‘‘,

8 small business concerns owned and controlled by so9 cially and economically disadvantaged individuals,

10 and small business concerns owned and controlled by

11 women’’;

12 (2) by striking out subparagraph (D) in para13 graph (3) and inserting in lieu thereof the following:

14 ‘‘(E) Contractors acting in good faith may rely

15 on written representations by their subcontractors

16 regarding their status as either a small business con17 cern, a small business concern owned and controlled

18 by socially and economically disadvantaged individ19 uals, or a small business concern owned and con20 trolled by women.’’;

21 (3) in paragraph (3), by inserting after sub22 paragraph (C) the following new subparagraph (D):

23 ‘‘(D) The term ‘small business concern owned

24 and controlled by women’ shall mean a small busi25 ness concern—
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1 ‘‘(i) which is at least 51 per centum owned

2 by one or more women; or, in the case of any

3 publicly owned business, at least 51 per centum

4 of the stock of which is owned by one or more

5 women; and

6 ‘‘(ii) whose management and daily business

7 operations are controlled by one or more

8 women.’’; and

9 (4) in paragraph (4)(E), by inserting ‘‘and for

10 small business concerns owned and controlled by

11 women’’ after ‘‘as defined in paragraph (3) of this

12 subsection’’.

13 (c) MISREPRESENTATIONS OF STATUS.—(1) Sub14 section (d)(1) of section 16 of such Act (15 U.S.C. 645)

15 is amended by striking out ‘‘or ‘small business concern

16 owned and controlled by socially and economically dis17 advantaged individuals’ ’’ and inserting in lieu thereof ‘‘,

18 a ‘small business concern owned and controlled by socially

19 and economically disadvantaged individuals’, or a ‘small

20 business concerns owned and controlled by women’ ’’.

21 (2) Subsection (e) of such section is amended by

22 striking out ‘‘or ‘small business concern owned and con23 trolled by socially and economically disadvantaged individ24 uals’ ’’ and inserting in lieu thereof ‘‘, a ‘small business

25 concern owned and controlled by socially and economically
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1 disadvantaged individuals’, or a ‘small business concerns

2 owned and controlled by women’ ’’.

3 (d) DEFINITION.—Section 3 of such Act (15 U.S.C.

4 632) is amended by adding at the end the following new

5 subsection:

6 ‘‘(n) For the purposes of this Act, a small business

7 concern is a small business concern owned and controlled

8 by women if—

9 ‘‘(1) at least 51 percent of small business con10 cern is owned by one or more women or, in the case

11 of any publicly owned business, at least 51 percent

12 of the stock of which is owned by one or more

13 women; and

14 ‘‘(2) the management and daily business oper15 ations of the business are controlled by one or more

16 women.’’.

17 SEC. 44105. DEVELOPMENT OF DEFINITIONS REGARDING

18 CERTAIN SMALL BUSINESS CONCERNS.

19 (a) REVIEW REQUIRED.—

20 (1) DEFINITIONS TO BE IDENTIFIED.—The Ad21 ministrator for Federal Procurement Policy shall

22 conduct a comprehensive review of Federal laws, as

23 in effect on November 1, 1994, to identify and cata24 logue all of the provisions in such laws that define

25 (or describe for definitional purposes) the small busi-
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1 ness concerns set forth in paragraph (2) for pur2 poses of authorizing the participation of such small

3 business concerns as prime contractors or sub4 contractors in—

5 (A) contracts awarded directly by the Fed6 eral Government or subcontracts awarded under

7 such contracts; or

8 (B) contracts and subcontracts funded, in

9 whole or in part, by Federal financial assistance

10 under grants, cooperative agreements, or other

11 forms of Federal assistance.

12 (2) COVERED SMALL BUSINESS CONCERNS.—

13 The small business concerns referred to in para14 graph (1) are as follows:

15 (A) Small business concerns owned and

16 controlled by socially and economically dis17 advantaged individuals.

18 (B) Minority-owned small business con19 cerns.

20 (C) Small business concerns owned and

21 controlled by women.

22 (D) Woman-owned small business con23 cerns.

24 (b) MATTERS TO BE DEVELOPED.—On the basis of

25 the results of the review carried out under subsection (a),
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1 the Administrator for Federal Procurement Policy shall

2 develop—

3 (1) uniform definitions for the small business

4 concerns referred to in subsection (a)(2);

5 (2) uniform agency certification standards and

6 procedures for—

7 (A) determinations of whether a small

8 business concern qualifies as a small business

9 concern referred to in subsection (a)(2) under

10 an applicable standard for purposes contracts

11 and subcontracts referred to in subsection

12 (a)(1); and

13 (B) reciprocal recognition by an agency of

14 a decision of another agency regarding whether

15 a small business concern qualifies as a small

16 business concern referred to in subsection

17 (a)(2) for such purposes; and

18 (3) such other related recommendations as the

19 Administrator determines appropriate consistent

20 with the review results.

21 (c) PROCEDURES AND SCHEDULE.—

22 (1) PARTICIPATION BY CERTAIN INTERESTED

23 PARTIES.—The Administrator for Federal Procure24 ment Policy shall provide for the participation in the
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1 review and activities under subsections (a) and (b)

2 by representatives of—

3 (A) the Small Business Administration (in4 cluding the Office of the Chief Counsel for Ad5 vocacy);

6 (B) the Minority Business Development

7 Agency of the Department of Commerce;

8 (C) the Department of Transportation;

9 (D) the Environmental Protection Agency;

10 and

11 (E) such other executive departments and

12 agencies as the Administrator considers appro13 priate.

14 (2) CONSULTATION WITH CERTAIN INTERESTED

15 PARTIES.—In carrying out subsections (a) and (b),

16 the Administrator shall consult with representatives

17 of organizations representing—

18 (A) minority-owned business enterprises;

19 (B) women-owned business enterprises;

20 and

21 (C) other organizations that the Adminis22 trator considers appropriate.

23 (3) SCHEDULE.—Not later than 60 days after

24 the date of the enactment of this division, the Ad-
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1 ministrator shall publish in the Federal Register a

2 notice which—

3 (A) lists the provisions of law identified in

4 the review carried out under subsection (a);

5 (B) describes the matters to be developed

6 on the basis of the results of the review pursu7 ant to subsection (b);

8 (C) solicits public comment regarding the

9 matters described in the notice pursuant to sub10 paragraphs (A) and (B) for a period of not less

11 than 60 days; and

12 (D) addresses such other matters as the

13 Administrator considers appropriate to ensure

14 the comprehensiveness of the review and activi15 ties under subsections (a) and (b).

16 (d) REPORT.—Not later than May 1, 1995, the Ad17 ministrator for Federal Procurement Policy shall submit

18 to the Committees on Small Business of the Senate and

19 the House of Representatives a report on the results of

20 the review carried out under subsection (a) and the actions

21 taken under subsection (b). The report shall include a dis22 cussion of the results of the review, a description of the

23 consultations conducted and public comments received,

24 and the Administrator’s recommendations with regard to

25 the matters identified under subsection (b).
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1 Subtitle C—Miscellaneous

2 Acquisition Laws

3 SEC. 44151. PROHIBITION ON USE OF FUNDS FOR DOCU4 MENTING ECONOMIC OR EMPLOYMENT IM5 PACT OF CERTAIN ACQUISITION PROGRAMS.

6 (a) REVISION AND CODIFICATION.—

7 (1) IN GENERAL.—Subchapter I of chapter 134

8 of title 10, United States Code, is amended by add9 ing at the end the following new section:

10 ‘‘§ 2247. Prohibition on use of funds for documenting

11 economic or employment impact of cer12 tain acquisition programs

13 ‘‘No funds appropriated by the Congress may be obli14 gated or expended to assist any contractor of the Depart15 ment of Defense in preparing any material, report, lists,

16 or analysis with respect to the actual or projected eco17 nomic or employment impact in a particular State or con18 gressional district of an acquisition program for which all

19 research, development, testing, and evaluation has not

20 been completed.’’.

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such subchapter is amend23 ed by adding at the end the following new item:

‘‘2247. Prohibition on use of funds for documenting economic or employment

impact of certain acquisition programs.’’.
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1 (b) REPEAL OF SUPERSEDED LAW.—Section 9048 of

2 Public Law 102–396 (106 Stat. 1913) is repealed.

3 SEC. 44152. RESTRICTION ON USE OF NONCOMPETITIVE

4 PROCEDURES FOR PROCUREMENT FROM A

5 PARTICULAR SOURCE.

6 (a) ARMED SERVICES ACQUISITIONS.—Section 2304

7 of title 10, United States Code, as amended by section

8 41005(b), is further amended—

9 (1) in subsection (c)(5), by inserting ‘‘subject to

10 subsection (j),’’ after ‘‘(5)’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(j)(1) It is the policy of Congress that no legislation

14 should be enacted that requires a procurement to be made

15 from a specified non-Federal Government source.

16 ‘‘(2) A provision of law may not be construed as re17 quiring a procurement to be made from a specified non18 Federal Government source unless that provision of law—

19 ‘‘(A) specifically refers to this subsection;

20 ‘‘(B) specifically identifies the particular non21 Federal Government source involved; and

22 ‘‘(C) specifically states that the procurement

23 from that source is required by such provision of law

24 in contravention of the policy set forth in paragraph

25 (1).’’.
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1 (b) CIVILIAN AGENCY ACQUISITIONS.—Section 303

2 of the Federal Property and Administrative Services Act

3 of 1949 (41 U.S.C. 253) is amended—

4 (1) in subsection (c)(5), by inserting ‘‘subject to

5 subsection (h),’’ after ‘‘(5)’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(h)(1) It is the policy of Congress that no legislation

9 should be enacted that requires a procurement to be made

10 from a specified non-Federal Government source.

11 ‘‘(2) A provision of law may not be construed as re12 quiring a procurement to be made from a specified non13 Federal Government source unless that provision of law—

14 ‘‘(A) specifically refers to this subsection;

15 ‘‘(B) specifically identifies the particular non16 Federal Government source involved; and

17 ‘‘(C) specifically states that the procurement

18 from that source is required by such provision of law

19 in contravention of the policy set forth in paragraph

20 (1).’’.
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1 TITLE XLV—ACQUISITION

2 MANAGEMENT

3 Subtitle A—Armed Services

4 Acquisitions

5 SEC. 45001. PERFORMANCE BASED MANAGEMENT.

6 (a) POLICY AND GOALS FOR PERFORMANCE BASED

7 MANAGEMENT OF PROGRAMS.—

8 (1) IN GENERAL.—Chapter 131 of title 10,

9 United States Code, is amended by adding at the

10 end the following new section:

11 ‘‘§ 2219. Performance based management: acquisition

12 programs

13 ‘‘(a) CONGRESSIONAL POLICY.—It is the policy of

14 Congress that—

15 ‘‘(1) the Department of Defense should achieve,

16 on average, 90 percent of the cost and schedule

17 goals established for the research and development

18 programs and acquisition programs of the Depart19 ment of Defense without reducing the performance

20 or capabilities of the items being acquired; and

21 ‘‘(2) the average period necessary for converting

22 an emerging technology into initial operational capa23 bility for the Department of Defense should not ex24 ceed 8 years.
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1 ‘‘(b) ESTABLISHMENT OF GOALS.—(1) The Sec2 retary of Defense shall approve or define the cost, per3 formance, and schedule goals for major defense acquisition

4 programs of the Department of Defense.

5 ‘‘(2) The Comptroller of the Department of Defense

6 shall evaluate the cost goals proposed for each major de7 fense acquisition program of the Department.

8 ‘‘(c) IDENTIFICATION OF NONCOMPLIANT PRO9 GRAMS.—Whenever it is necessary to do so in order to

10 implement the policy set out in subsection (a), the Sec11 retary of Defense shall—

12 ‘‘(1) identify and consider whether there is a

13 continuing need for programs that are significantly

14 behind schedule, over budget, or not in compliance

15 with performance or capability requirements taking

16 into consideration—

17 ‘‘(A) the needs of the Department known

18 as of the time of consideration;

19 ‘‘(B) the state of the technology or tech20 nologies relevant to the programs and to the

21 needs of the Department;

22 ‘‘(C) the estimated costs and projected

23 schedules necessary for the completion of such

24 programs; and

25 ‘‘(D) other pertinent information; and
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1 ‘‘(2) identify existing and potential research

2 and development programs and acquisition programs

3 that are suitable alternatives for programs consid4 ered pursuant to paragraph (1).

5 ‘‘(d) ANNUAL REPORTING REQUIREMENT.—The Sec6 retary of Defense shall include in the annual report sub7 mitted to Congress pursuant to section 113(c) of this title

8 an assessment of the progress made in implementing the

9 policy stated in subsection (a). The Secretary shall use

10 data from existing management systems in making the as11 sessment.’’.

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended

14 by adding at the end the following new item:

‘‘2219. Performance based management: acquisition programs.’’.

15 (b) ENHANCED SYSTEM OF PERFORMANCE INCEN16 TIVES.—Within one year after the date of the enactment

17 of this division, the Secretary of Defense shall review the

18 incentives and personnel actions available to the Secretary

19 for encouraging excellence in the defense acquisition

20 workforce and provide an enhanced system of incentives

21 for the encouragement of excellence in such workforce.

22 The enhanced system of incentives shall, to the maximum

23 extent consistent with applicable law—

24 (1) relate pay to performance (including the ex25 tent to which the performance of personnel in such
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1 workforce contributes to achieving the cost goals,

2 schedule goals, and performance goals established

3 for acquisition programs of the department pursuant

4 to section 2219(b) of title 10, as added by sub5 section (a)); and

6 (2) provide for consideration, in personnel eval7 uations and promotion decisions, of the extent to

8 which the performance of personnel in such

9 workforce contributes to achieving the cost goals,

10 schedule goals, and performance goals established

11 for acquisition programs of the department pursuant

12 to section 2219(b) of title 10, United States Code,

13 as added by subsection (a).

14 (c) RECOMMENDED LEGISLATION.—Not later than

15 one year after the date of the enactment of this division,

16 the Secretary of Defense shall submit to Congress any rec17 ommended legislation that the Secretary considers nec18 essary to carry out section 2219 of title 10, United States

19 Code, as added by subsection (a), and otherwise to facili20 tate and enhance management of Department of Defense

21 acquisition programs and the defense acquisition

22 workforce on the basis of performance.
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1 SEC. 45002. RESULTS ORIENTED ACQUISITION PROGRAM

2 CYCLE.

3 The Secretary of Defense shall define in regulations

4 a simplified acquisition program cycle that is results-ori5 ented. The Secretary shall consider including in the regu6 lations provisions for the following:

7 (1) Program phases as follows:

8 (A) An integrated decision team meeting

9 which—

10 (i) may be requested by a potential

11 user of the system or component to be ac12 quired, the head of a laboratory, or a pro13 gram office on such bases as the emer14 gence of a new military requirement, cost

15 savings opportunity, or new technology op16 portunity;

17 (ii) is conducted by an acquisition

18 program executive officer; and

19 (iii) is usually completed within 1 to 3

20 months.

21 (B) A prototype development and testing

22 phase which—

23 (i) includes operational tests and con24 cerns relating to manufacturing operations

25 and life cycle support;
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1 (ii) is usually completed within 6 to

2 36 months; and

3 (iii) produces sufficient numbers of

4 prototypes to assess operational utility.

5 (C) Product integration, development, and

6 testing which—

7 (i) includes full-scale development,

8 operational testing, and integration of

9 components; and

10 (ii) is usually completed within 1 to 5

11 years.

12 (D) Production, integration into existing

13 systems, or production and integration into ex14 isting systems.

15 (2) An acquisition program approval process for

16 major program decisions which consists of the fol17 lowing:

18 (A) One major decision point—

19 (i) which occurs for an acquisition

20 program before the program proceeds into

21 product integration and development; and

22 (ii) at which the Under Secretary of

23 Defense for Acquisition and Technology, in

24 consultation with the Vice Chairman of the

25 Joint Chiefs of Staff reviews the program,
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1 determines whether the program should

2 continue to be carried out beyond product

3 integration and development, and decides

4 whether to commit to further development,

5 to require further prototyping, or to termi6 nate the program.

7 (B) Consideration of the potential benefits,

8 affordability, needs, and risks of an acquisition

9 program in the review of the acquisition pro10 gram.

11 SEC. 45003. DEFENSE ACQUISITION PILOT PROGRAM DES12 IGNATIONS.

13 (a) PROGRAMS AND WAIVERS.—The National De14 fense Authorization Act for Fiscal Year 1994 (Public Law

15 103–160) is amended by inserting the following new sec16 tion at the end of subtitle D of title VIII:

17 ‘‘SEC. 840. DEFENSE ACQUISITION PILOT PROGRAM DES18 IGNATIONS.

19 ‘‘(a) ELIGIBLE PROGRAMS.—The Secretary of De20 fense is authorized to designate the following defense ac21 quisition programs for participation in the defense acquisi22 tion pilot program authorized by section 809 of the Na23 tional Defense Authorization Act for Fiscal Year 1991 (10

24 U.S.C. 2430 note):
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1 ‘‘(1) Defense Personnel Support Center medi2 cal, clothing and textile, and subsistence programs

3 with respect to the following:

4 ‘‘(A) All contracts for processed fruits and

5 vegetables and frozen seafood items for both

6 depot stock and direct vendor delivery.

7 ‘‘(B) All contracts in the subsistence prime

8 vendor program for grocery items.

9 ‘‘(C) All contracts in the Mail Order Phar10 macy Program, the prime vendor programs for

11 pharmaceuticals and for medical surgical items

12 for delivery to military hospitals.

13 ‘‘(D) All contracts in the medical electronic

14 commerce program for acquisition for depot

15 stock and direct vendor delivery.

16 ‘‘(E) All contracts for the following items:

17 dress coats (small lots), dress coats, duffel

18 bags, Navy work clothing, general purpose

19 tents, suitcases, gloves for electrical workers,

20 boot flyers, socks, drawers, undershirts, and

21 items offered under the Broad Agency An22 nouncements for Clothing and Textiles Ad23 vanced Business Practices Demonstration Pro24 gram.
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1 ‘‘(2) The Fire Support Combined Arms Tactical

2 Trainer program with respect to all contracts di3 rectly related to the procurement of a training sys4 tem (including related hardware, software, and sub5 systems) to perform collective training of field artil6 lery gunnery team components with development of

7 software as required to generate the training exer8 cises and component interfaces.

9 ‘‘(3) The Joint Direct Attack Munition pro10 gram (JDAM I) with respect to all contracts directly

11 related to the development and procurement of a

12 strap-on guidance kit, using an inertially guided,

13 Global Positioning System updated guidance kit for

14 inventory 1,000 and 2,000 pound bombs.

15 ‘‘(4) The Joint Primary Aircraft Training Sys16 tem (JPATS) with respect to all contracts directly

17 related to the acquisition of a new primary trainer

18 aircraft to fulfill Air Force and Navy joint under19 graduate aviation training requirements, and an as20 sociated ground-based training system consisting of

21 air crew training devices (simulators), courseware, a

22 Training Management System, and contractor sup23 port for the life of the system.

24 ‘‘(5) The Commercial Derivatives Aircraft pro25 gram with respect to all contracts directly related to
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1 the acquisition or upgrading of civil-derivative air2 craft for use in (A) foreign military sales of Airborne

3 Warning and Control Systems to foreign govern4 ments with modifications of a type customarily pro5 vided to commercial customers, or (B) future Air

6 Force airlift and tanker requirements.

7 ‘‘(6) The Commercial Derivative Engine pro8 gram with respect to all contracts directly related to

9 the acquisition of (A) commercially derived engines

10 (including spare engines), logistics support equip11 ment, technical orders, management data, and initial

12 spare parts for use in the C–17A production line,

13 and (B) commercially derived engines to support the

14 purchase of commercial-derivative aircraft to meet

15 future Air Force airlift and tanker requirements, in16 cluding engine replacement and upgrades.

17 ‘‘(b) WAIVER AUTHORITY.—Subject to section 809(c)

18 of the National Defense Authorization Act for Fiscal Year

19 1991, the Secretary of Defense is authorized—

20 ‘‘(1) to apply any amendment or repeal of a

21 provision of law made in the Federal Acquisition

22 Streamlining Act of 1994 to the programs described

23 in subsection (a) before the effective date of such

24 amendment or repeal; and
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1 ‘‘(2) to apply to a procurement of noncommer2 cial items under such programs—

3 ‘‘(A) any authority provided in such Act

4 (or in an amendment made by a provision of

5 such Act) to waive a provision of law in the

6 case of commercial items, and

7 ‘‘(B) any exception applicable under such

8 Act (or an amendment made by a provision of

9 such Act) in the case of commercial items,

10 before the effective date of such provision (or

11 amendment) to the extent that the Secretary deter12 mines necessary to test the application of such waiv13 er or exception to procurements of noncommercial

14 items.

15 ‘‘(c) PILOT PROGRAM IMPLEMENTATION.—In exer16 cising the authority provided in section 809 of the Na17 tional Defense Authorization Act for 1991, and in accord18 ance with sections 833 through 839 of this Act, the Sec19 retary of Defense, shall take the following actions:

20 ‘‘(1) MISSION-ORIENTED PROGRAM MANAGE21 MENT.—For one or more of the defense acquisition

22 programs designated for participation in the defense

23 acquisition pilot program, prescribe and implement

24 procedures which—
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1 ‘‘(A) provide for interaction between the

2 program manager and the commander of the

3 operational command responsible for the re4 quirement for the equipment acquired;

5 ‘‘(B) include provisions for a determination

6 by the commander that items proposed for pro7 curement fulfill the need defined in approved

8 requirements documents; and

9 ‘‘(C) may include a role for the operational

10 commander in decision making for program

11 milestone decisions and performance of accept12 ance testing of items acquired.

13 ‘‘(2) SAVINGS OBJECTIVES.—Not later than 45

14 days after the date of enactment of the Federal Ac15 quisition Streamlining Act of 1994, identify for each

16 defense acquisition program participating in the

17 pilot program quantitative measures and goals for

18 reducing acquisition management costs.

19 ‘‘(3) PROGRAM PHASES.—For each defense ac20 quisition program participating in the pilot program,

21 incorporate in an approved acquisition strategy a

22 program review process that provides senior acquisi23 tion officials with reports that—

24 ‘‘(A) contain essential information on pro25 gram results at quarterly intervals;
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1 ‘‘(B) reduce data requirements from the

2 current major program review reporting re3 quirements; and

4 ‘‘(C) include data on program costs esti5 mates, actual expenditures, performance esti6 mates, performance data from tests, and, con7 sistent with existing statutes, the minimum nec8 essary other data items required to ensure the

9 appropriate expenditure of funds appropriated

10 for that program.

11 ‘‘(4) PROGRAM WORK FORCE POLICIES.—With

12 regard to the review of incentives and personnel ac13 tions required under section 836 of this Act—

14 ‘‘(A) not later than 60 days after the date

15 of the enactment of the Federal Acquisition

16 Streamlining Act of 1994—

17 ‘‘(i) complete the review; and

18 ‘‘(ii) on the basis of the review, define

19 one or more systems that relate incentives,

20 including pay, to achievement of budgets,

21 schedules, and performance requirements;

22 ‘‘(B) not later than 120 days after the

23 date of the enactment of the Federal Acquisi24 tion Streamlining Act of 1994—
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1 ‘‘(i) apply such a system of incentives

2 to not less than one defense acquisition

3 program participating in the pilot pro4 gram; and

5 ‘‘(ii) provide for an assessment of the

6 effectiveness of that system; and

7 ‘‘(C) incorporate the results of actions

8 taken pursuant to this paragraph into the de9 velopment of regulations for the implementation

10 of section 45001(b) of the Federal Acquisition

11 Streamlining Act of 1994.

12 ‘‘(5) EFFICIENT CONTRACTING PROCESS.—

13 Take any additional actions that the Secretary con14 siders necessary to waive regulations, not required

15 by statute, that affect the efficiency of the contract16 ing process, including, in the Secretary’s discretion,

17 defining alternative techniques to reduce reliance on

18 military specifications and standards in contracts for

19 the defense acquisition programs participating in the

20 pilot program.

21 ‘‘(6) CONTRACT ADMINISTRATION: PERFORM22 ANCE BASED CONTRACT MANAGEMENT.—For at

23 least one participating defense acquisition program

24 for which a determination is made to make pay25 ments for work in progress under the authority of
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1 section 2307 of title 10, United States Code, define

2 payment milestones on the basis of quantitative

3 measures of results.

4 ‘‘(7) CONTRACTOR PERFORMANCE ASSESS5 MENT.—Collect and evaluate performance informa6 tion on each contract entered into for a defense ac7 quisition program participating in the pilot program,

8 including information on cost, schedule, and tech9 nical performance for each contractor supporting a

10 participating program.

11 ‘‘(d) APPLICABILITY.—(1) Subsection (b) applies

12 with respect to—

13 ‘‘(A) a contract that is awarded or modified

14 during the period described in paragraph (2); and

15 ‘‘(B) a contract that is awarded before the be16 ginning of such period and is to be performed (or

17 may be performed), in whole or in part, during such

18 period.

19 ‘‘(2) The period referred to in paragraph (1) is the

20 period that begins 45 days after the date of the enactment

21 of the Federal Acquisition Streamlining Act of 1994 and

22 ends on September 30, 1998.’’.

23 (b) RULE OF CONSTRUCTION.—Nothing in section

24 840 of the National Defense Authorization Act for Fiscal

25 Year 1994, as added by subsection (a), shall be construed
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1 as authorizing the appropriation or obligation of funds for

2 the programs designated for participation in the defense

3 acquisition pilot program under the authority of sub4 section (a) of such section 840.

5 Subtitle B—Civilian Agency

6 Acquisitions

7 SEC. 45051. PERFORMANCE BASED MANAGEMENT.

8 (a) POLICY AND GOALS FOR PERFORMANCE BASED

9 MANAGEMENT OF PROGRAMS.—

10 (1) IN GENERAL.—Title III of the Federal

11 Property and Administrative Services Act of 1949

12 (41 U.S.C. 301 et seq.), as amended by sections

13 1552 and 1553, is further amended by adding at the

14 end the following new section:

15 ‘‘PERFORMANCE BASED MANAGEMENT: ACQUISITION

16 PROGRAMS

17 ‘‘SEC. 311. (a) CONGRESSIONAL POLICY.—It is the

18 policy of Congress that the head of each executive agency

19 should achieve, on average, 90 percent of the cost and

20 schedule goals established for the research and develop21 ment programs and acquisition programs of the agency

22 without reducing the performance or capabilities of the

23 items being acquired.

24 ‘‘(b) ESTABLISHMENT OF GOALS.—(1) The head of

25 each executive agency shall approve or define the cost, per-
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1 formance, and schedule goals for major acquisition pro2 grams of the agency.

3 ‘‘(2) The chief financial officer of an executive agency

4 shall evaluate the cost goals proposed for each major de5 fense acquisition program of the agency.

6 ‘‘(c) IDENTIFICATION OF NONCOMPLIANT PRO7 GRAMS.—Whenever it is necessary to do so in order to

8 implement the policy set out in subsection (a), the head

9 of an executive agency shall—

10 ‘‘(1) identify and consider whether there is a

11 continuing need for programs that are significantly

12 behind schedule, over budget, or not in compliance

13 with performance or capability requirements taking

14 into consideration—

15 ‘‘(A) the needs of the agency known as of

16 the time of consideration;

17 ‘‘(B) the state of the technology or tech18 nologies relevant to the programs and to the

19 needs of the agency;

20 ‘‘(C) the estimated costs and projected

21 schedules necessary for the completion of such

22 programs; and

23 ‘‘(D) other pertinent information; and

24 ‘‘(2) identify existing and potential research

25 and development programs and acquisition programs
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1 that are suitable alternatives for programs consid2 ered pursuant to paragraph (1).’’.

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in the first section of such Act, as amended by

5 sections 1552 and 1553, is further amended by in6 serting after the item relating to section 310 the fol7 lowing new item:

‘‘Sec. 311. Performance based management: acquisition programs.’’.

8 (b) ANNUAL REPORTING REQUIREMENT.—Section 6

9 of the Office of Federal Procurement Policy Act (41

10 U.S.C. 405), as amended by section 41091, is further

11 amended by adding at the end the following new sub12 section:

13 ‘‘(k) The Administrator shall submit to Congress, on

14 an annual basis, an assessment of the progress made in

15 executive agencies in implementing the policy stated in

16 section 311(a) of the Federal Property and Administrative

17 Services Act of 1949. The Administrator shall use data

18 from existing management systems in making the assess19 ment.’’.

20 (c) ENHANCED SYSTEM OF PERFORMANCE INCEN21 TIVES.—Within one year after the date of the enactment

22 of this division, the Administrator for Federal Procure23 ment Policy, in consultation with appropriate officials in

24 other departments and agencies of the Federal Govern-
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1 ment, shall, to the maximum extent consistent with appli2 cable law—

3 (1) establish policies and procedures for the

4 heads of such departments and agencies to designate

5 acquisition positions and manage employees (includ6 ing the accession, education, training and career de7 velopment of employees) in the designated acquisi8 tion positions;

9 (2) extend to the acquisition workforce of the

10 entire executive branch the acquisition workforce

11 policies contained in chapter 87 of title 10, United

12 States Code, relating to the acquisition workforce of

13 the Department of Defense; and

14 (3) review the incentives and personnel actions

15 available to the heads of department and agencies of

16 the Federal Government for encouraging excellence

17 in the acquisition workforce of the Federal Govern18 ment and provide an enhanced system of incentives

19 for the encouragement of excellence in such

20 workforce which—

21 (A) relates pay to performance (including

22 the extent to which the performance of person23 nel in such workforce contributes to achieving

24 the cost goals, schedule goals, and performance

25 goals established for acquisition programs pur-
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1 suant to section 311(b) of the Federal Property

2 and Administrative Services Act of 1949, as

3 added by subsection (a)); and

4 (B) provides for consideration, in personnel

5 evaluations and promotion decisions, of the ex6 tent to which the performance of personnel in

7 such workforce contributes to achieving such

8 cost goals, schedule goals, and performance

9 goals.

10 (d) RECOMMENDED LEGISLATION.—Not later than

11 one year after the date of the enactment of this division,

12 the Administrator for Federal Procurement Policy shall

13 submit to Congress any recommended legislation that the

14 Secretary considers necessary to carry out section 311 of

15 the Federal Property and Administrative Services Act of

16 1949, as added by subsection (a), and otherwise to facili17 tate and enhance management of Federal Government ac18 quisition programs and the acquisition workforce of the

19 Federal Government on the basis of performance.

20 SEC. 45052. RESULTS-ORIENTED ACQUISITION PROCESS.

21 (a) DEVELOPMENT OF PROCESS REQUIRED.—The

22 Administrator for Federal Procurement Policy, in con23 sultation with the heads of appropriate Federal agencies,

24 shall develop a results-oriented acquisition process for im25 plementation by agencies in acquisitions of property and
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1 services by the Federal agencies. The process shall include

2 the identification of quantitative measures and standards

3 for determining the extent to which an acquisition of non4 commercial items by a Federal agency satisfies the needs

5 for which the items are being acquired.

6 (b) INAPPLICABILITY OF PROCESS TO DEPARTMENT

7 OF DEFENSE.—The process developed pursuant to sub8 section (a) may not be applied to the Department of De9 fense.

10 Subtitle C—Miscellaneous

11 SEC. 45091. CONTRACTOR EXCEPTIONAL PERFORMANCE

12 AWARDS.

13 The Office of Federal Procurement Policy Act, as

14 amended by section 44021, is further amended by adding

15 at the end the following:

16 ‘‘CONTRACTOR EXCEPTIONAL PERFORMANCE AWARDS

17 ‘‘SEC. 31. (a) ESTABLISHMENT.—There is hereby es18 tablished an executive branch program to recognize and

19 promote exceptional contract performance by Federal Gov20 ernment contractors.

21 ‘‘(b) SELECTION.—(1) The Administrator shall en22 sure the establishment of criteria for selection of contrac23 tors to receive exceptional performance awards under the

24 program.
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1 ‘‘(2) The head of an executive agency may select one

2 or more agency contractors to receive an exceptional per3 formance award under the program.

4 ‘‘(c) AWARD CEREMONY.—The Vice President, or the

5 head of the executive agency selecting a contractor for an

6 exceptional performance award, shall present the award

7 to the contractor with such ceremony as the Vice Presi8 dent or head of the agency, as the case may be, considers

9 appropriate.’’.

10 SEC. 45092. DEPARTMENT OF DEFENSE ACQUISITION OF IN11 TELLECTUAL PROPERTY RIGHTS.

12 Section 2386 of title 410, United States Code, is

13 amended by striking out paragraphs (3) and (4) and in14 serting in lieu thereof the following:

15 ‘‘(3) Technical data and computer software.

16 ‘‘(4) Releases for past infringement of patents

17 or copyrights or for unauthorized use of technical

18 data or computer software.’’.
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1 TITLE XLVI—STANDARDS OF

2 CONDUCT

3 Subtitle A—Ethics Provisions

4 SEC. 46001. AMENDMENTS TO OFFICE OF FEDERAL PRO5 CUREMENT POLICY ACT.

6 (a) RECUSAL.—Subsection (c) of section 27 of the

7 Office of Federal Procurement Policy Act (41 U.S.C. 423)

8 is amended—

9 (1) in paragraph (1)—

10 (A) in the matter above subparagraph (A),

11 by inserting ‘‘only’’ after ‘‘subsection (b)(1)’’;

12 and

13 (B) in subparagraph (A), by inserting

14 ‘‘(including the modification or extension of a

15 contract)’’ after ‘‘any procurement’’;

16 (2) by striking out paragraphs (2) and (3) and

17 inserting in lieu thereof:

18 ‘‘(2) Whenever the head of a procuring activity ap19 proves a recusal under paragraph (1), a copy of the

20 recusal request and the approval of the request shall be

21 retained by such official for a period (not less than five

22 years) specified in regulations prescribed in accordance

23 with subsection (o).

24 ‘‘(3)(A) Except as provided in subparagraph (B), all

25 recusal requests and approvals of recusal requests pursu-
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1 ant to this subsection shall be made available to the public

2 on request.

3 ‘‘(B) Any part of a recusal request or an approval

4 of a recusal request that is exempt from the disclosure

5 requirements of section 552 of title 5, United States Code,

6 under subsection (b)(1) of such section may be withheld

7 from disclosure to the public otherwise required under

8 subparagraph (A).’’; and

9 (3) in paragraph (4), by striking out ‘‘compet10 ing contractor’’ and inserting in lieu thereof ‘‘per11 son’’.

12 (b) APPLICABILITY OF CERTIFICATION REQUIRE13 MENT.—Subsection (e)(7)(A) of such section is amended

14 by adding at the end the following: ‘‘However, paragraph

15 (1)(B) does not apply with respect to a contract for less

16 than $500,000.’’.

17 (c) RESTRICTIONS RESULTING FROM PROCUREMENT

18 ACTIVITIES OF PROCUREMENT OFFICIALS.—Subsection

19 (f) of such section is amended—

20 (1) by redesignating paragraph (3) as para21 graph (4); and

22 (2) by striking out paragraphs (1) and (2) and

23 inserting in lieu thereof the following:

24 ‘‘(1) No individual who, in the year prior to separa25 tion from service as an officer or employee of the Govern-
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1 ment or an officer of the uniformed services in a covered

2 position, participated personally and substantially in ac3 quisition functions related to a contract, subcontract, or

4 claim of $500,000 or more and—

5 ‘‘(A) engaged in repeated direct contact with

6 the contractor or subcontractor on matters relating

7 to such contract, subcontract, or claim; or

8 ‘‘(B) exercised significant ongoing decisionmak9 ing responsibility with respect to the contractor or

10 subcontractor on matters relating to such contract,

11 subcontract, or claim,

12 shall knowingly accept or continue employment with such

13 contractor or subcontractor for a period of 1 year follow14 ing the individual’s separation from service, except that

15 such individual may accept or continue employment with

16 any division or affiliate of such contractor or subcontrac17 tor that does not produce the same or similar products

18 as the entity involved in the negotiation or performance

19 of the contract or subcontract or the adjustment of the

20 claim.

21 ‘‘(2) No contractor or subcontractor, or any officer,

22 employee, agent, or consultant of such contractor or sub23 contractor shall knowingly offer, provide, or continue any

24 employment for another person, if such contractor, sub25 contractor, officer, employee, agent, or consultant knows
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1 or should know that the acceptance of such employment

2 is or would be in violation of paragraph (1).

3 ‘‘(3) The head of each Federal agency shall designate

4 in writing as a ‘covered position’ under this section each

5 of the following positions in that agency:

6 ‘‘(A) The position of source selection authority,

7 member of a source selection evaluation board, or

8 chief of a financial or technical evaluation team, or

9 any other position, if the officer or employee in that

10 position is likely personally to exercise substantial

11 responsibility for ongoing discretionary functions in

12 the evaluation of proposals or the selection of a

13 source for a contract in excess of $500,000.

14 ‘‘(B) The position of procuring contracting offi15 cer, or any other position, if the officer or employee

16 in that position is likely personally to exercise sub17 stantial responsibility for ongoing discretionary func18 tions in the negotiation of a contract in excess of

19 $500,000 or the negotiation or settlement of a claim

20 in excess of $500,000.

21 ‘‘(C) The position of program executive officer,

22 program manager, or deputy program manager, or

23 any other position, if the officer or employee in that

24 position is likely personally to exercise similar sub25 stantial responsibility for ongoing discretionary func-
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1 tions in the management or administration of a con2 tract in excess of $500,000.

3 ‘‘(D) The position of administrative contracting

4 officer, the position of an officer or employee as5 signed on a permanent basis to a Government Plant

6 Representative’s Office, the position of auditor, a

7 quality assurance position, or any other position, if

8 the officer or employee in that position is likely per9 sonally to exercise substantial responsibility for on10 going discretionary functions in the on-site oversight

11 of a contractor’s operations with respect to a con12 tract in excess of $500,000.

13 ‘‘(E) A position in which the incumbent is likely

14 personally to exercise substantial responsibility for

15 ongoing discretionary functions in operational or de16 velopmental testing activities involving repeated di17 rect contact with a contractor regarding a contract

18 in excess of $500,000.’’.

19 (d) DISCLOSURE OF PROPRIETARY OR SOURCE SE20 LECTION INFORMATION TO UNAUTHORIZED PERSONS.—

21 Subsection (l) of such section is amended—

22 (1) by inserting ‘‘who are likely to be involved

23 in contracts, modifications, or extensions in excess of

24 $25,000’’ in the first sentence after ‘‘its procure25 ment officials’’; and
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1 (2) by striking out ‘‘(e)’’ each place it appears

2 and inserting in each such place ‘‘(f)’’.

3 (e) RULES OF CONSTRUCTION.—Subsection (n) of

4 such section is amended to read as follows:

5 ‘‘(n) RULES OF CONSTRUCTION.—Nothing in this

6 section shall be construed to—

7 ‘‘(1) authorize the withholding of any informa8 tion from the Congress, any committee or sub9 committee thereof, a Federal agency, any board of

10 contract appeals of a Federal agency, the Comptrol11 ler General, or an inspector general of a Federal

12 agency;

13 ‘‘(2) restrict the disclosure of information to, or

14 receipt of information by, any person or class of per15 sons authorized, in accordance with applicable agen16 cy regulations or procedures, to receive that infor17 mation;

18 ‘‘(3) restrict a contractor from disclosing its

19 own proprietary information or the recipient of in20 formation so disclosed by a contractor from receiving

21 such information; or

22 ‘‘(4) restrict the disclosure or receipt of infor23 mation relating to a Federal agency procurement

24 that has been canceled by the agency and that the
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1 contracting officer concerned determines in writing

2 is not likely to be resumed.’’.

3 (f) TERM TO BE DEFINED IN REGULATIONS.—Sub4 section (o)(2)(A) of such section is amended—

5 (1) by inserting ‘‘money, gratuity, or other’’ be6 fore ‘‘thing of value’ ’’; and

7 (2) by inserting before the semicolon ‘‘and such

8 other exceptions as may be adopted on a Govern9 mentwide basis under section 7353 of title 5, United

10 States Code’’.

11 (g) TERMS DEFINED IN LAW.—Subsection (p) of

12 such section is amended—

13 (1) in paragraph (1) by striking out ‘‘clauses

14 (i)–(viii)’’ and inserting in lieu thereof ‘‘clauses (i)

15 through (vii)’’;

16 (2) in paragraph (3)—

17 (A) in subparagraph (A)—

18 (i) by striking out clause (i);

19 (ii) by redesignating clauses (ii), (iii),

20 (iv), (v), (vi), (vii), and (viii) as clauses (i),

21 (ii), (iii), (iv), (v), (vi), and (vii), respec22 tively; and

23 (iii) in clause (i) (as redesignated by

24 subclause (II) of this clause), by striking

25 out ‘‘review and approval of a specifica-
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1 tion’’ and inserting in lieu thereof ‘‘ap2 proval or issuance of a specification, acqui3 sition plan, procurement request, or req4 uisition’’; and

5 (B) in subparagraph (B), by striking out

6 all after ‘‘includes’’ and inserting in lieu thereof

7 the following: ‘‘any individual acting on behalf

8 of, or providing advice to, the agency with re9 spect to any phase of the agency procurement

10 concerned, regardless of whether such individ11 ual is a consultant, expert, or adviser, or an of12 ficer or employee of a contractor or subcontrac13 tor (other than a competing contractor).’’; and

14 (3) in paragraph (6)(A), by inserting

15 ‘‘nonpublic’’ before ‘‘information’’.

16 SEC. 46002. AMENDMENTS TO TITLE 18, UNITED STATES

17 CODE.

18 Section 208(a) of title 18, United States Code, is

19 amended—

20 (1) by inserting ‘‘(1)’’ before ‘‘Except as per21 mitted’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(2) Whoever knowingly aids, abets, counsels, com25 mands, induces, or procures conduct prohibited by this
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1 section shall be subject to the penalties set forth in section

2 216 of this title.’’.

3 SEC. 46003. REPEAL OF SUPERSEDED AND OBSOLETE

4 LAWS.

5 (a) REPEAL.—The following provisions of law are re6 pealed:

7 (1) Sections 2207, 2397, 2397a, 2397b, and

8 2397c of title 10, United States Code.

9 (2) Section 281 of title 18, United States Code.

10 (3) Section 801 of title 37, United States Code.

11 (4) Part A of title VI of the Department of En12 ergy Organization Act (42 U.S.C. 7211 through

13 7218).

14 (b) CLERICAL AMENDMENTS.—

15 (1) TITLE 10.—Part IV of subtitle A of title 10,

16 United States Code, is amended—

17 (A) in the table of sections at the begin18 ning of chapter 131, by striking out the item

19 relating to section 2207; and

20 (B) in the table of sections for chapter

21 141, by striking out the items relating to sec22 tions 2397, 2397a, 2397b, and 2397c.

23 (2) TITLE 18.—The table of sections for chap24 ter 15 of title 18, United States Code, is amended

25 by striking out the item relating to section 281.
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1 (3) TITLE 37.—The table of sections for chap2 ter 15 of title 37, United States Code, is amended

3 by striking out the item relating to section 801.

4 (4) DEPARTMENT OF ENERGY ORGANIZATION

5 ACT.—The table of contents for the Department of

6 Energy Organization Act is amended by striking out

7 the matter relating to part A of title VI.

8 SEC. 46004. IMPLEMENTATION.

9 (a) REGULATIONS.—Not later than 180 days after

10 the date of the enactment of this division, regulations im11 plementing the amendments made by section 46001 to

12 section 27 of the Office of Federal Procurement Policy

13 Act (41 U.S.C. 423), including definitions of the terms

14 used in subsection (f) of such section, shall be issued in

15 accordance with sections 6 and 25 of such Act (41 U.S.C.

16 405 and 521) after coordination with the Director of the

17 Office of Government Ethics.

18 (b) SAVINGS PROVISIONS.—

19 (1) CONTRACTOR CERTIFICATIONS.—No officer,

20 employee, agent, representative, or consultant of a

21 contractor who has signed a certification under sec22 tion 27(e)(1)(B) of the Office of Federal Procure23 ment Policy Act (41 U.S.C. 423(e)(1)(B)) before the

24 effective date of this division shall be required to
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1 sign a new certification as a result of the enactment

2 of this division.

3 (2) FEDERAL PROCUREMENT OFFICIAL CER4 TIFICATIONS.—No procurement official of a Federal

5 agency who has signed a certification under section

6 27(l) of the Office of Federal Procurement Policy

7 Act (41 U.S.C. 423(l)) before the date of enactment

8 of this division shall be required to sign a new cer9 tification as a result of the enactment of this divi10 sion.

11 (c) INSPECTOR GENERAL REPORTS.—Not later than

12 May 31 of each of the years 1995 through 1998, the In13 spector General of each Federal agency (or, in the case

14 of a Federal agency that does not have an Inspector Gen15 eral, the head of such agency) shall submit to Congress

16 a report on the compliance by the agency during the pre17 ceding year with the requirement for the head of the agen18 cy to designate covered procurement positions under sec19 tion 27(f)(3) of the Office of Federal Procurement Policy

20 Act (as added by section 46001(c)).
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1 Subtitle B—Additional

2 Amendments

3 SEC. 46051. CONTRACTING FUNCTIONS PERFORMED BY

4 FEDERAL PERSONNEL.

5 (a) AMENDMENT OF OFPP ACT.—The Office of Fed6 eral Procurement Policy Act, as amended by section

7 41092, is further amended by inserting after section 22

8 the following new section 23:

9 ‘‘CONTRACTING FUNCTIONS PERFORMED BY FEDERAL

10 PERSONNEL

11 ‘‘SEC. 23. (a) LIMITATION ON PAYMENT FOR ADVI12 SORY AND ASSISTANCE SERVICES.—(1) No person who is

13 not a person described in subsection (b) may be paid by

14 an agency for services to conduct evaluations or analyses

15 of any aspect of a proposal submitted for an acquisition

16 unless personnel described in subsection (b) with adequate

17 training and capabilities to perform such evaluations and

18 analyses are not readily available within the agency or an19 other Federal agency, as determined in accordance with

20 standards and procedures prescribed in the Federal Acqui21 sition Regulation.

22 ‘‘(2) In the administration of this subsection, the

23 head of each agency shall determine in accordance with

24 the standards and procedures set forth in the Federal Ac25 quisition Regulation whether—
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1 ‘‘(A) a sufficient number of personnel described

2 in subsection (b) within the agency or another Fed3 eral agency are readily available to perform a par4 ticular evaluation or analysis for the agency head

5 making the determination; and

6 ‘‘(B) the readily available personnel have the

7 training and capabilities necessary to perform the

8 evaluation or analysis.

9 ‘‘(b) COVERED PERSONNEL.—For purposes of sub10 section (a), the personnel described in this subsection are

11 as follows:

12 ‘‘(1) An employee, as defined in section 2105 of

13 title 5, United States Code.

14 ‘‘(2) A member of the Armed Forces of the

15 United States.

16 ‘‘(3) A person assigned to a Federal agency

17 pursuant to subchapter VI of chapter 33 of title 5,

18 United States Code.

19 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec20 tion is intended to affect the relationship between the Fed21 eral Government and a federally funded research and de22 velopment center.’’.

23 (b) REQUIREMENT FOR GUIDANCE AND REGULA24 TIONS.—Not later than 90 days after the date of the en25 actment of this division, the Federal Acquisition Regu-
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1 latory Council established by section 25(a) of the Office

2 of Federal Procurement Policy Act (41 U.S.C. 421(a))

3 shall—

4 (1) review part 37 of title 48 of the Code of

5 Federal Regulations as it relates to the use of advi6 sory and assistance services; and

7 (2) provide guidance and promulgate regula8 tions regarding—

9 (A) what actions Federal agencies are re10 quired to take to determine whether expertise is

11 readily available within the Federal Government

12 before contracting for advisory and technical

13 services to conduct acquisitions; and

14 (B) the manner in which personnel with

15 expertise may be shared with agencies needing

16 expertise for such acquisitions.

17 SEC. 46052. REPEAL OF EXECUTED REQUIREMENT FOR

18 STUDY AND REPORT.

19 Section 17 of the Office of Federal Procurement Pol20 icy Act (41 U.S.C. 415) is repealed.

21 SEC. 46053. INTERESTS OF MEMBERS OF CONGRESS.

22 Section 3741 of the Revised Statutes (41 U.S.C. 22)

23 is amended to read as follows:

24 ‘‘No member of Congress shall be admitted to any

25 share or part of any contract or agreement made, entered
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1 into, or accepted by or on behalf of the United States,

2 or to any benefit to arise thereupon.’’.

3 SEC. 46054. WAITING PERIOD FOR SIGNIFICANT CHANGES

4 PROPOSED FOR ACQUISITION REGULATIONS.

5 (a) INCREASED PERIOD.—Section 22(a) of the Office

6 of Federal Procurement Policy Act (41 U.S.C. 418b) is

7 amended—

8 (1) by striking out ‘‘30 days’’ and inserting in

9 lieu thereof ‘‘60 days’’; and

10 (2) by adding at the end the following: ‘‘Not11 withstanding the preceding sentence, such a policy,

12 regulation, procedure, or form may take effect ear13 lier than 60 days after the publication date when

14 there are compelling circumstances for the earlier

15 effective date, but in no event may that effective

16 date be less than 30 days after the publication

17 date.’’.

18 (b) TECHNICAL AMENDMENT.—Section 22(d) of such

19 Act is amended by designating the second sentence as

20 paragraph (3).
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1 Subtitle C—Whistleblower

2 Protection

3 SEC. 46101. ARMED SERVICES PROCUREMENTS.

4 (a) WHISTLEBLOWER PROTECTIONS FOR CONTRAC5 TOR EMPLOYEES.—Section 2409 of title 10, United

6 States Code, is amended—

7 (1) by striking out subsection (d);

8 (2) by redesignating subsection (c) as sub9 section (d); and

10 (3) by inserting after subsection (b) the follow11 ing new subsection (c):

12 ‘‘(c) REMEDY AND ENFORCEMENT AUTHORITY.—(1)

13 If the Secretary of Defense determines that a defense con14 tractor has subjected a person to a reprisal prohibited by

15 subsection (a), the Secretary may take one or more of the

16 following actions:

17 ‘‘(A) Order the defense contractor to take af18 firmative action to abate the reprisal.

19 ‘‘(B) Order the defense contractor to reinstate

20 the person to the position that the person held be21 fore the reprisal, together with the compensation (in22 cluding back pay), employment benefits, and other

23 terms and conditions of employment that would

24 apply to the person in that position if the reprisal

25 had not been taken.
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1 ‘‘(C) Order the defense contractor to pay the

2 complainant an amount equal to the aggregate

3 amount of all costs and expenses (including attor4 ney’s fees and expert witnesses’ fees) that were rea5 sonably incurred by the complainant for, or in con6 nection with, bringing the complaint regarding the

7 reprisal, as determined by the Secretary.

8 ‘‘(2) Whenever a person fails to comply with an order

9 issued under paragraph (1), the Secretary shall file an ac10 tion for enforcement of such order in the United States

11 district court for a district in which the reprisal was found

12 to have occurred. In any action brought under this para13 graph, the court may grant appropriate relief, including

14 injunctive relief and compensatory and exemplary dam15 ages.

16 ‘‘(3) Any person adversely affected or aggrieved by

17 an order issued under paragraph (1) may obtain review

18 of the order’s conformance with this subsection, and any

19 regulations issued to carry out this section, in the United

20 States court of appeals for a circuit in which the reprisal

21 is alleged in the order to have occurred. No petition seek22 ing such review may be filed more than 60 days after issu23 ance of the Secretary’s order. Review shall conform to

24 chapter 7 of title 5.’’.

25 (b) RELATED LAW.—
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1 (1) REPEAL.—Section 2409a of title 10, United

2 States Code, is repealed.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 141 of such title

5 is amended by striking out the item relating to sec6 tion 2409a.

7 SEC. 46102. GOVERNMENTWIDE WHISTLEBLOWER PROTEC8 TIONS FOR CONTRACTOR EMPLOYEES.

9 The Office of Federal Procurement Policy Act (41

10 U.S.C. 401 et seq.), as amended by section 45091, is fur11 ther amended by adding at the end the following new sec12 tion:

13 ‘‘CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL

14 FOR DISCLOSURE OF CERTAIN INFORMATION

15 ‘‘SEC. 32. (a) PROHIBITION OF REPRISALS.—An em16 ployee of an executive agency contractor may not be dis17 charged, demoted, or otherwise discriminated against as

18 a reprisal for disclosing to a Member of Congress or an

19 authorized official of the agency or the Department of

20 Justice information relating to a substantial violation of

21 law related to an agency contract (including the competi22 tion for or negotiation of an agency contract).

23 ‘‘(b) INVESTIGATION OF COMPLAINTS.—A person

24 who believes that the person has been subjected to a re25 prisal prohibited by subsection (a) may submit a complaint

26 to the Inspector General of the executive agency. Unless
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1 the Inspector General determines that the complaint is

2 frivolous, the Inspector General shall investigate the com3 plaint and, upon completion of such investigation, submit

4 a report of the findings of the investigation to the person,

5 the contractor concerned, and the head of the agency. In

6 the case of an executive agency that does not have an in7 spector general, the duties of the inspector general under

8 this section shall be performed by an official designated

9 by the agency head.

10 ‘‘(c) REMEDY AND ENFORCEMENT AUTHORITY.—(1)

11 If the head of an executive agency determines that an

12 agency contractor has subjected a person to a reprisal pro13 hibited by subsection (a), the agency head may take one

14 or more of the following actions:

15 ‘‘(A) Order the contractor to take affirmative

16 action to abate the reprisal.

17 ‘‘(B) Order the contractor to reinstate the per18 son to the position that the person held before the

19 reprisal, together with the compensation (including

20 back pay), employment benefits, and other terms

21 and conditions of employment that would apply to

22 the person in that position if the reprisal had not

23 been taken.

24 ‘‘(C) Order the contractor to pay the complain25 ant an amount equal to the aggregate amount of all
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1 costs and expenses (including attorney’s fees and ex2 pert witnesses’ fees) that were reasonably incurred

3 by the complainant for, or in connection with, bring4 ing the complaint regarding the reprisal, as deter5 mined by the Secretary.

6 ‘‘(2) Whenever a person fails to comply with an order

7 issued under paragraph (1), the agency head shall file an

8 action for enforcement of such order in the United States

9 district court for a district in which the reprisal was found

10 to have occurred. In any action brought under this para11 graph, the court may grant appropriate relief, including

12 injunctive relief and compensatory and exemplary dam13 ages.

14 ‘‘(3) Any person adversely affected or aggrieved by

15 an order issued under paragraph (1) may obtain review

16 of the order’s conformance with this subsection, and any

17 regulations issued to carry out this section, in the United

18 States court of appeals for a circuit in which the reprisal

19 is alleged in the order to have occurred. No petition seek20 ing such review may be filed more than 60 days after issu21 ance of the agency head’s order. Review shall conform to

22 chapter 7 of title 5, United States Code.

23 ‘‘(d) CONSTRUCTION.—Nothing in this section may

24 be construed to authorize the discharge of, demotion of,

25 or discrimination against an employee for a disclosure
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1 other than a disclosure protected by subsection (a) or to

2 modify or derogate from a right or remedy otherwise avail3 able to the employee.

4 ‘‘(e) COORDINATION WITH OTHER LAW.—This sec5 tion does not apply with respect to the Department of De6 fense. For the corresponding provision of law applicable

7 to the Department of Defense, see section 2409 of title

8 10, United States Code.

9 ‘‘(f) DEFINITION.—In this section, the term ‘Inspec10 tor General’ means an Inspector General appointed under

11 the Inspector General Act of 1978.’’.

12 TITLE XLVII—DEFENSE TRADE

13 AND COOPERATION

14 SEC. 47001. PURCHASES OF FOREIGN GOODS.

15 (a) REPEAL OF EXECUTED REQUIREMENTS.—

16 (1) REQUIREMENT FOR POLICY GUIDANCE.—

17 Title III of the Act of March 3, 1933 (41 U.S.C.

18 10a et seq.), commonly referred to as the ‘‘Buy

19 American Act’’, is amended in section 4(g) (41

20 U.S.C. 10b–1(g)) by striking out paragraphs (2)(C)

21 and (3).

22 (2) REPORTING REQUIREMENT.—Section

23 9096(b) of Public Law 102–396 (106 Stat. 1924; 41

24 U.S.C. 10b–2(b)) is repealed.

25 (b) REPEAL OF REDUNDANT PROVISION.—
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1 (1) CONSIDERATION OF NATIONAL SECURITY

2 OBJECTIVES.—Section 2327 of title 10, United

3 States Code, is repealed.

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 137 of such title

6 is amended by striking out the item relating to sec7 tion 2327.

8 SEC. 47002. INTERNATIONAL COOPERATIVE AGREEMENTS.

9 (a) TERMINOLOGY REVISIONS.—Section 2531 of title

10 10, United States Code, is amended—

11 (1) in the subsection captions for subsections

12 (a) and (c), by striking out ‘‘MOUS AND RELATED’’

13 and inserting in lieu thereof ‘‘INTERNATIONAL’’;

14 (2) in subsection (a), by striking out ‘‘proposed

15 memorandum of understanding, or any existing or

16 proposed agreement related to a memorandum of

17 understanding,’’ in the matter above paragraph (1)

18 and inserting in lieu thereof ‘‘proposed international

19 agreement, including a memorandum of understand20 ing,’’;

21 (3) by striking out ‘‘memorandum of under22 standing or related agreement’’ each place it appears

23 and inserting in lieu thereof ‘‘international agree24 ment’’;
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1 (4) in subsection (b), by striking out ‘‘memo2 randum or related agreement’’ each place it appears

3 in the second sentence and inserting in lieu thereof

4 ‘‘international agreement’’; and

5 (5) in subsection (c)—

6 (A) by striking out ‘‘A’’ after ‘‘AGREE7 MENTS.—’’ and inserting in lieu thereof ‘‘An’’;

8 and

9 (B) by striking out ‘‘memorandum or

10 agreement’’ and inserting in lieu thereof ‘‘inter11 national agreement’’.

12 (b) EXPANDED SCOPE OF AGREEMENTS.—Section

13 2531(a) of title 10, United States Code, is amended by

14 striking out ‘‘research, development, or production’’ in the

15 matter above paragraph (1) and inserting in lieu thereof

16 ‘‘research, development, production, or logistics support’’.

17 (c) CLERICAL AMENDMENTS.—

18 (1) SECTION HEADING.—The heading of section

19 2531 of title 10, United States Code, is amended to

20 read as follows:

21 ‘‘§ 2531. Defense international agreements’’.

22 (2) TABLE OF SECTIONS.—The item relating to

23 such section in the table of sections at the beginning

24 of subchapter V of chapter 148 of such title is

25 amended to read as follows:

‘‘2531. Defense international agreements.’’.
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1 SEC. 47003. ACQUISITION, CROSS-SERVICING AGREEMENTS,

2 AND STANDARDIZATION.

3 (a) LIMITED WAIVER OF RESTRICTIONS ON AC4 CRUED REIMBURSABLE LIABILITIES AND CREDITS FOR

5 CONTINGENCY OPERATIONS.—Section 2347 of title 10,

6 United States Code, is amended by adding at the end the

7 following new subsection:

8 ‘‘(c) The Secretary of Defense may waive the restric9 tions in subsections (a) and (b) for a period not to exceed

10 180 days upon a written determination that the armed

11 forces are involved in a contingency operation or that in12 volvement of the armed forces in a contingency operation

13 is imminent. Upon making such a determination, the Sec14 retary shall transmit a copy of the determination to the

15 Committees on Armed Services of the Senate and House

16 of Representatives.’’.

17 (b) COMMUNICATIONS SUPPORT.—Section 2350f of

18 title 10, United States Code, is amended—

19 (1) by redesignating subsection (d) as sub20 section (e); and

21 (2) by inserting after subsection (c) the follow22 ing new subsection:

23 ‘‘(d)(1) Nothing in this section shall be construed to

24 limit the authority of the Secretary of Defense, without

25 a formal bilateral agreement or multilateral arrangement,

26 to furnish communications support and related supplies
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1 to, or receive communications support and related supplies

2 from, an allied country in accordance with this subsection.

3 ‘‘(2) The Secretary of Defense may furnish or receive

4 such support and supplies on a reciprocal basis for a pe5 riod not to exceed 90 days—

6 ‘‘(A) in order to meet emerging operational re7 quirements of the United States and the allied coun8 try; or

9 ‘‘(B) incident to a joint military exercise with

10 the allied country.

11 ‘‘(3) If interconnection of communication circuits is

12 maintained for joint or multilateral defense purposes

13 under the authority of this subsection, the costs of main14 taining such circuits may be allocated among the various

15 users.’’.

16 TITLE XLVIII—COMMERCIAL

17 ITEMS

18 SEC. 48001. DEFINITIONS.

19 Section 4 of the Office of Federal Procurement Policy

20 Act (41 U.S.C. 403), as amended by section 44001(a), is

21 further amended—

22 (1) by striking out ‘‘Act—’’and inserting in lieu

23 thereof ‘‘Act:’’;

24 (2) by capitalizing the initial letter in the first

25 word of each paragraph;
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1 (3) by striking out the semicolon at the end of

2 each of paragraphs (1), (2), (3), (5), (6), (7), (8),

3 and (9) and inserting in lieu thereof a period;

4 (4) in paragraphs (4) and (10), by striking out

5 ‘‘; and’’ at the end and inserting in lieu thereof a

6 period; and

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

8 paragraphs:

9 ‘‘(12) The term ‘commercial item’ means—

10 ‘‘(A) property, other than real property,

11 that is of a type customarily used by the gen12 eral public or by nongovernmental entities in

13 the course of normal business operations for

14 purposes other than governmental purposes

15 and—

16 ‘‘(i) has been sold, leased, or licensed

17 to the general public;

18 ‘‘(ii) has not been sold, leased, or li19 censed to the general public but has been

20 offered for sale, lease, or license to the

21 general public; or

22 ‘‘(iii) is not yet available in the com23 mercial marketplace but will be made

24 available for commercial delivery within a

25 reasonable period;
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1 ‘‘(B) any item that, but for—

2 ‘‘(i) modifications of a type customar3 ily available in the commercial market4 place, or

5 ‘‘(ii) minor modifications made to

6 meet Federal Government requirements,

7 would satisfy the criteria in subparagraph (A);

8 ‘‘(C) any combination of items meeting the

9 requirements of subparagraph (A), (B), or (D)

10 that are of a type customarily combined and

11 sold in combination to the general public;

12 ‘‘(D) installation services, maintenance

13 services, repair services, training services, and

14 other services if such services are procured for

15 support of an item referred to in subparagraph

16 (A), (B), or (C) and if the source of such serv17 ices—

18 ‘‘(i) offers such services to the general

19 public and the Federal Government con20 temporaneously and under similar terms

21 and conditions; and

22 ‘‘(ii) offers to use the same work force

23 for providing the Federal Government with

24 such services as the source uses for provid25 ing such services to the general public; and
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1 ‘‘(E) any item, combination of items, or

2 service referred to in subparagraph (A), (B),

3 (C), or (D), regardless of whether the item,

4 combination of items, or service is transferred

5 between or among separate divisions, subsidi6 aries, or affiliates of a contractor.

7 ‘‘(13) The term ‘nondevelopmental item’

8 means—

9 ‘‘(A) any commercial item;

10 ‘‘(B) any previously developed item of sup11 ply that is in use by a department or agency of

12 the United States, a State or local government,

13 or a foreign government with which the United

14 States has a mutual defense cooperation agree15 ment;

16 ‘‘(C) any item of supply described in sub17 paragraph (A) or (B) that requires only minor

18 modification of the type normally available in

19 the commercial marketplace in order to meet

20 the requirements of the procuring department

21 or agency; or

22 ‘‘(D) any item of supply currently being

23 produced that does not meet the requirements

24 of subparagraph (A), (B), or (C) solely because

25 the item—
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1 ‘‘(i) is not yet in use; or

2 ‘‘(ii) is not yet available in the com3 mercial marketplace.

4 ‘‘(14) The term ‘component’ means any item

5 supplied to the Federal Government as part of an

6 end item or of another component.

7 ‘‘(15) The term ‘commercial component’ means

8 any component that is a commercial item.’’.

9 SEC. 48002. PREFERENCE FOR ACQUISITION OF COMMER10 CIAL ITEMS AND NONDEVELOPMENTAL

11 ITEMS.

12 (a) PREFERENCE REQUIRED.—The Office of Federal

13 Procurement Policy Act (41 U.S.C. 401 et seq.), as

14 amended by section 46102, is further amended by adding

15 at the end the following new section:

16 ‘‘PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS

17 AND NONDEVELOPMENTAL ITEMS

18 ‘‘SEC. 33. (a) PREFERENCE.—The head of each exec19 utive agency shall ensure that, to the maximum extent

20 practicable—

21 ‘‘(1) requirements of the executive agency with

22 respect to a procurement of supplies are stated in

23 terms of—

24 ‘‘(A) functions to be performed;

25 ‘‘(B) performance required; or

26 ‘‘(C) essential physical characteristics;
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1 ‘‘(2) such requirements are defined so that

2 commercial items or, to the extent that commercial

3 items suitable to meet the agency’s needs are not

4 available, other nondevelopmental items may be pro5 cured to fulfill such requirements; and

6 ‘‘(3) offerors of commercial items and other

7 nondevelopmental items are provided an opportunity

8 to compete in any procurement to fill such require9 ments.

10 ‘‘(b) IMPLEMENTATION.—The head of each executive

11 agency shall ensure that procurement officials in that ex12 ecutive agency, to the maximum extent practicable—

13 ‘‘(1) acquire commercial items or other

14 nondevelopmental items to meet the needs of the ex15 ecutive agency;

16 ‘‘(2) require prime contractors and subcontrac17 tors at all levels under the executive agency con18 tracts to incorporate commercial items or other

19 nondevelopmental items as components of items sup20 plied to the executive agency;

21 ‘‘(3) modify requirements in appropriate cases

22 to ensure that the requirements can be met by com23 mercial items or, to the extent that commercial

24 items suitable to meet the agency’s needs are not

25 available, other nondevelopmental items;
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1 ‘‘(4) state specifications in terms that enable

2 and encourage bidders and offerors to supply com3 mercial items or, to the extent that commercial

4 items suitable to meet the agency’s needs are not

5 available, other nondevelopmental items in response

6 to the executive agency solicitations;

7 ‘‘(5) revise the executive agency’s procurement

8 policies, practices, and procedures not required by

9 law to reduce any impediments in those policies,

10 practices, and procedures to the acquisition of com11 mercial items; and

12 ‘‘(6) require training of appropriate personnel

13 in the acquisition of commercial items.

14 ‘‘(c) PRELIMINARY MARKET RESEARCH.—(1) The

15 head of an executive agency shall conduct market research

16 appropriate to the circumstances—

17 ‘‘(A) before developing new specifications for a

18 procurement by that executive agency; and

19 ‘‘(B) before soliciting bids or proposals for a

20 contract in excess of the simplified acquisition

21 threshold.

22 ‘‘(2) The head of an executive agency shall use the

23 results of market research to determine whether there are

24 commercial items or, to the extent that commercial items
844

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1 suitable to meet the agency’s needs are not available, other

2 nondevelopmental items available that—

3 ‘‘(A) meet the executive agency’s requirements;

4 ‘‘(B) could be modified to meet the executive

5 agency’s requirements; or

6 ‘‘(C) could meet the executive agency’s require7 ments if those requirements were modified to a rea8 sonable extent.

9 ‘‘(3) In conducting market research, the head of an

10 executive agency should not require potential sources to

11 submit more than the minimum information that is nec12 essary to make the determinations required in paragraph

13 (2).’’.

14 (b) REPEAL OF SUPERSEDED PROVISION.—

15 (1) SEPARATE STATEMENT OF PREFERENCE

16 FOR DEPARTMENT OF DEFENSE.—Section 2325 of

17 title 10, United States Code, is repealed.

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 137 of such title

20 is amended by striking out the item relating to sec21 tion 2325.

22 SEC. 48003. ACQUISITION OF COMMERCIAL ITEMS.

23 (a) REQUIRED FAR PROVISIONS.—The Office of

24 Federal Procurement Policy Act (41 U.S.C. 401 et seq.),
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1 as amended by section 48002, is further amended by add2 ing at the end the following:

3 ‘‘FEDERAL ACQUISITION REGULATION PROVISIONS RE4 GARDING ACQUISITIONS OF COMMERCIAL ITEMS AND

5 COMPONENTS

6 ‘‘SEC. 34. (a) CONTRACT CLAUSES AND OTHER

7 CLAUSES.—(1)(A) The Federal Acquisition Regulation

8 shall include one or more sets of contract clauses contain9 ing the required terms and conditions for the acquisition

10 of commercial items and commercial components by execu11 tive agencies and by contractors in the performance of

12 contracts of executive agencies.

13 ‘‘(B) The contract clauses referred to in subpara14 graph (A) shall include only—

15 ‘‘(i) those clauses that are required to imple16 ment provisions of law or executive orders applicable

17 to acquisitions of commercial items or commercial

18 components, as the case may be;

19 ‘‘(ii) those contract clauses that are essential

20 for the protection of the Federal Government’s inter21 est in an acquisition of commercial items or commer22 cial components, as the case may be; and

23 ‘‘(iii) those contract clauses that are determined

24 to be consistent with standard commercial practice.

25 ‘‘(2) Subject to paragraph (3), the Federal Acquisi26 tion Regulation shall require that, to the maximum extent
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1 practicable, only the contract clauses referred to in para2 graph (1) be used in a contract, or be required to be used

3 in a subcontract, for the acquisition of commercial items

4 or commercial components by or for an executive agency.

5 ‘‘(3) The Federal Acquisition Regulation shall pro6 vide that a contract or subcontract referred to in para7 graph (2) may contain contract clauses other than the

8 contract clauses referred to in that paragraph only if the

9 other clauses are essential for the protection of the Fed10 eral Government’s interest in—

11 ‘‘(A) that contract or subcontract, as deter12 mined in writing by the contracting officer for such

13 contract; or

14 ‘‘(B) a class of contracts or subcontracts, as de15 termined by the head of an agency concerned, unless

16 the determination of that head of an agency is dis17 approved by the Administrator.

18 ‘‘(4) The Federal Acquisition Regulation shall pro19 vide standards and procedures for waiving the use of con20 tract clauses required pursuant to paragraph (1), other

21 than those required by law, including standards for deter22 mining the cases in which a waiver is appropriate.

23 ‘‘(b) MARKET ACCEPTANCE.—(1) The Federal Ac24 quisition Regulation shall provide that under appropriate
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1 conditions the head of an executive agency may require

2 offerors to demonstrate that the items offered—

3 ‘‘(A) have either—

4 ‘‘(i) achieved commercial market accept5 ance; or

6 ‘‘(ii) been satisfactorily supplied to an ex7 ecutive agency under current or recent con8 tracts for the same or similar requirements; and

9 ‘‘(B) otherwise meet the item description, speci10 fications, or other criteria prescribed in the public

11 notice and solicitation relating to the contract.

12 ‘‘(2) The Federal Acquisition Regulation shall pro13 vide guidance to ensure that the criteria for determining

14 commercial market acceptance include the consideration

15 of—

16 ‘‘(A) the minimum needs of the executive agen17 cy concerned; and

18 ‘‘(B) the entire relevant commercial market, in19 cluding small businesses.

20 ‘‘(c) USE OF FIRM, FIXED PRICE CONTRACTS.—The

21 Federal Acquisition Regulation shall include a require22 ment that firm, fixed price contracts or fixed price with

23 economic price adjustment contracts, be used, to the maxi24 mum extent practicable, for the acquisition of commercial

25 items.
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1 ‘‘(d) CONTRACT QUALITY REQUIREMENTS.—The

2 Federal Acquisition Regulation shall include provisions

3 that—

4 ‘‘(1) permit, to the maximum extent prac5 ticable, a contractor under a commercial items ac6 quisition to use the contractor’s existing quality as7 surance system as a substitute for compliance with

8 a requirement for the Federal Government to inspect

9 or test the commercial items before the contractor’s

10 tender of those items for acceptance by the Federal

11 Government;

12 ‘‘(2) require that, to the maximum extent prac13 ticable, an executive agency accept commercial war14 ranties (including extended warranties) offered by

15 offerors of commercial items to commercial cus16 tomers and use such warranties for the repair and

17 replacement of commercial items; and

18 ‘‘(3) set forth guidance to executive agencies re19 garding the use of past performance of items and

20 sources as a factor in contract award decisions.

21 ‘‘(e) TREATMENT OF TRANSFERS BETWEEN AFFILI22 ATES.—The Federal Acquisition Regulation shall provide

23 for a transfer of commercial items from one division, sub24 sidiary, or affiliate of a contractor to another division, sub25 sidiary, or affiliate of the contractor to be treated as a
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1 subcontract for purposes of section 35 of the Office of

2 Federal Procurement Policy Act and the provisions of law

3 amended by section 48005 of the Federal Acquisition

4 Streamlining Act of 1994.’’.

5 (b) DEFENSE CONTRACT CLAUSES.—

6 (1) TERMINATION OF DOD AUTHORITY.—Sec7 tion 824(b) of the National Defense Authorization

8 Act for Fiscal Years 1990 and 1991 (Public Law

9 101–189; 10 U.S.C. 2325 note) shall cease to be ef10 fective on the date on which the regulations imple11 menting section 34 of the Office of Federal Procure12 ment Policy Act, as added by subsection (a), become

13 effective.

14 (2) SAVINGS PROVISION.—Notwithstanding sec15 tion 34(a) of the Office of Federal Procurement Pol16 icy Act (as added by subsection (a)), contracts of the

17 Department of Defense entered into before the date

18 on which section 824(b) ceases to be effective under

19 paragraph (1), and subcontracts entered into before

20 such date under such contracts, may include clauses

21 developed pursuant to paragraphs (2) and (3) of sec22 tion 824(b) of the National Defense Authorization

23 Act for Fiscal Years 1990 and 1991 (Public Law

24 101–189; 10 U.S.C. 2325 note).
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1 SEC. 48004. CLASS WAIVER OF APPLICABILITY OF CERTAIN

2 LAWS.

3 The Office of Federal Procurement Policy Act (41

4 U.S.C. 401 et seq.), as amended by section 48003, is fur5 ther amended by adding at the end the following:

6 ‘‘CLASS WAIVER OF APPLICABILITY OF CERTAIN LAWS TO

7 ACQUISITIONS OF COMMERCIAL ITEMS

8 ‘‘SEC. 35. (a) IN GENERAL.—The applicability of a

9 provision of law described in subsection (c) that is enacted

10 after the date of the enactment of the Federal Acquisition

11 Streamlining Act of 1994 to contracts for the acquisition

12 of commercial items may be waived on a class basis in

13 the Federal Acquisition Regulation. Such a waiver shall

14 not apply to a provision of law that expressly refers to

15 this section and prohibits the waiver of that provision of

16 law.

17 ‘‘(b) WAIVER OF APPLICABILITY TO SUB18 CONTRACTS.—(1) The applicability of a provision of law

19 described in subsection (c) to subcontracts under a con20 tract for the acquisition of commercial items or a sub21 contract for the acquisition of commercial components

22 may be waived on a class basis in the Federal Acquisition

23 Regulation. Such a waiver shall not apply to a provision

24 of law that expressly refers to this section and prohibits

25 the waiver of that provision of law.
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1 ‘‘(2) Nothing in this subsection shall be construed to

2 authorize the waiver of the applicability of any provision

3 of law with respect to—

4 ‘‘(A) any contract with a prime contractor; or

5 ‘‘(B) any subcontract under a contract with a

6 prime contractor who does not substantially trans7 form the commercial items supplied under the con8 tract.

9 ‘‘(c) COVERED LAW.—A provision of law referred to

10 in subsections (a) and (b) is any provision of law that,

11 as determined by the Federal Acquisition Regulatory

12 Council, sets forth policies, procedures, requirements, or

13 restrictions for the procurement of property or services by

14 the Federal Government.’’.

15 SEC. 48005. INAPPLICABILITY OF CERTAIN PROVISIONS OF

16 LAW.

17 (a) ARMED SERVICES ACQUISITIONS.—

18 (1) PROHIBITION ON CONTINGENT FEES.—Sec19 tion 2306(b) of title 10, United States Code, as

20 amended by section 44022(a), is further amended by

21 inserting before the period at the end of the sentence

22 added by section 44022(a) the following: ‘‘or to a

23 contract for the acquisition of commercial items’’.

24 (2) REQUIREMENT TO IDENTIFY SUPPLIERS

25 AND SOURCES OF SUPPLIES.—Paragraph (2) of sec-
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1 tion 2384(b) of title 10, United States Code, is

2 amended to read as follows:

3 ‘‘(2) The regulations prescribed pursuant to para4 graph (1) do not apply to a contract that requires the de5 livery of supplies that are commercial items, as defined

6 in section 2302 of this title.’’.

7 (3) PROHIBITION AGAINST DOING BUSINESS

8 WITH CERTAIN OFFERORS OR CONTRACTORS.—Sec9 tion 2393(d) of title 10, United States Code, as

10 amended by section 44022(e), is further amended by

11 adding at the end the following: ‘‘The requirement

12 shall not apply in the case of a subcontract for the

13 acquisition of commercial items (as defined in sec14 tion 4(12) of the Office of Federal Procurement Pol15 icy Act (41 U.S.C. 403(12))).’’.

16 (4) PROHIBITION ON LIMITATION OF SUB17 CONTRACTOR DIRECT SALES.—Section 2402 of title

18 10, United States Code, as amended by section

19 44022(b), is further amended by adding at the end

20 the following new subsection:

21 ‘‘(d)(1) An agreement between the contractor in a

22 contract for the acquisition of commercial items and a

23 subcontractor under such contract that restricts sales by

24 such subcontractor directly to persons other than the con25 tractor may not be considered to unreasonably restrict
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1 sales by that subcontractor to the United States in viola2 tion of the provision included in such contract pursuant

3 to subsection (a) if the agreement does not result in the

4 Federal Government being treated differently with regard

5 to the restriction than any other prospective purchaser of

6 such commercial items from that subcontractor.

7 ‘‘(2) In paragraph (1), the term ‘commercial item’

8 has the meaning given such term in section 4(12) of the

9 Office of Federal Procurement Policy Act (41 U.S.C.

10 403(12)).’’.

11 (5) CONTRACTOR INVENTORY ACCOUNTING SYS12 TEMS: STANDARDS.—Section 2410b of title 10,

13 United States Code, is amended—

14 (A) by inserting ‘‘(a) REGULATIONS RE15 QUIRED.—’’ before ‘‘The Secretary of Defense’’;

16 and

17 (B) by adding at the end the following new

18 subsection:

19 ‘‘(b) INAPPLICABILITY TO ACQUISITIONS OF COM20 MERCIAL ITEMS.—The regulations prescribed pursuant to

21 subsection (a) need not apply to a contract for the acquisi22 tion of commercial items (as defined in section 4(12) of

23 the Office of Federal Procurement Policy Act (41 U.S.C.

24 403(12))).’’.
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1 (6) PROHIBITION ON PERSONS CONVICTED OF

2 DEFENSE-CONTRACT RELATED FELONIES.—Para3 graph (4) of section 2408(a) of title 10, United

4 States Code, as added by section 44022(f), is

5 amended—

6 (A) by inserting after subparagraph (A)

7 the following:

8 ‘‘(B) A contract referred to in such subpara9 graph that is for the acquisition of commercial items

10 (as defined in section 4(12) of the Office of Federal

11 Procurement Policy Act (41 U.S.C. 403(12))).’’; and

12 (B) by inserting ‘‘or (B)’’ before the period

13 at the end of subparagraph (C).

14 (b) CIVILIAN AGENCY ACQUISITIONS.—

15 (1) RESTRICTIONS ON SUBCONTRACTOR SALES

16 TO THE UNITED STATES.—Section 303G of the Fed17 eral Property and Administrative Services Act of

18 1949 (41 U.S.C. 253g), as amended by section

19 44023(b), is further amended by adding at the end

20 the following new subsection:

21 ‘‘(d) An agreement between the contractor in a con22 tract for the acquisition of commercial items and a sub23 contractor under such contract that restricts sales by such

24 subcontractor directly to persons other than the contractor

25 may not be considered to unreasonably restrict sales by
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1 that subcontractor to the United States in violation of the

2 provision included in such contract pursuant to subsection

3 (a) if the agreement does not result in the Federal Govern4 ment being treated differently with regard to the restric5 tion than any other prospective purchaser of such commer6 cial items from that subcontractor.’’.

7 (2) PROHIBITION ON CONTINGENT FEES.—Sec8 tion 304(a) of the Federal Property and Administra9 tive Services Act of 1949 (41 U.S.C. 254(a)), as

10 amended by section 44023(a), is further amended by

11 inserting before the period at the end of the sentence

12 added by section 44023(a) the following: ‘‘or to a

13 contract for the acquisition of commercial items’’.

14 (c) ACQUISITIONS GENERALLY.—

15 (1) FEDERAL WATER POLLUTION CONTROL

16 ACT.—Section 508 of the Federal Water Pollution

17 Control Act (33 U.S.C. 1368) is amended by adding

18 at the end the following new subsection:

19 ‘‘(f)(1) No certification by a contractor, and no con20 tract clause, may be required in the case of a contract

21 for the acquisition of commercial items in order to imple22 ment a prohibition or requirement of this section or a pro23 hibition or requirement issued in the implementation of

24 this section.
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1 ‘‘(2) In paragraph (1), the term ‘commercial item’

2 has the meaning given such term in section 4(12) of the

3 Office of Federal Procurement Policy Act (41 U.S.C.

4 403(12)).’’.

5 (2) CONTRACT WORK HOURS AND SAFETY

6 STANDARDS ACT.—The Contract Work Hours and

7 Safety Standards Act (title I of the Work Hours and

8 Safety Act of 1962 (40 U.S.C. 327 et seq.)) is

9 amended by adding at the end the following new sec10 tion:

11 ‘‘SEC. 108. (a) No certification by a contractor, and

12 no contract clause, may be required in the case of a con13 tract for the acquisition of commercial items in order to

14 implement a prohibition or requirement in this title.

15 ‘‘(b) In subsection (a), the term ‘commercial item’

16 has the meaning given such term in section 4(12) of the

17 Office of Federal Procurement Policy Act (41 U.S.C.

18 403(12)).’’.

19 (3) OFFICE OF FEDERAL PROCUREMENT POL20 ICY ACT REQUIREMENT RELATING TO PROCUREMENT

21 INTEGRITY CERTIFICATIONS.—Section 27(e)(7) of

22 the Office of Federal Procurement Policy Act (41

23 U.S.C. 423) is amended by adding at the end the

24 following new subparagraph:
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1 ‘‘(C) This subsection does not apply to a contract for

2 the acquisition of commercial items.’’.

3 (4) CERTAIN PROVISIONS OF THE ANTI-KICK4 BACK ACT OF 1986.—

5 (A) REQUIREMENT FOR CONTRACT

6 CLAUSE.—Section 7 of the Anti-Kickback Act

7 of 1986 (41 U.S.C. 57), as amended by section

8 44024(b), is further amended by inserting be9 fore the period at the end of subsection (d) the

10 following: ‘‘or to a prime contract for the acqui11 sition of commercial items (as defined in section

12 4(12) of such Act (41 U.S.C. 403(12))).’’.

13 (B) INSPECTION AUTHORITY.—Section 8

14 of such Act (41 U.S.C. 58) is amended by add15 ing at the end the following: ‘‘This section does

16 not apply with respect to a prime contract for

17 the acquisition of commercial items (as defined

18 in section 4(12) of the Office of Federal Pro19 curement Policy Act (41 U.S.C. 403(12))).’’.

20 (5) DRUG-FREE WORKPLACE ACT OF 1988.—

21 Section 5152(a)(1) of the Drug-Free Workplace Act

22 of 1988 (subtitle D of title V of Public Law 100–

23 690; 41 U.S.C. 701(a)(1)), as amended by section

24 44024(e), is further amended by inserting after the

25 matter inserted by such section 44024(e) the follow-
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1 ing: ‘‘, other than a contract for the procurement of

2 commercial items (as defined in section 4(12) of

3 such Act (41 U.S.C. 403(12))),’’.

4 (6) CLEAN AIR ACT.—Section 306 of the Clean

5 Air Act (42 U.S.C. 7606) is amended by adding at

6 the end the following new subsection:

7 ‘‘(f)(1) No certification by a contractor, and no con8 tract clause, may be required in the case of a contract

9 for the acquisition of commercial items in order to imple10 ment a prohibition or requirement of this section or a pro11 hibition or requirement issued in the implementation of

12 this section.

13 ‘‘(2) In paragraph (1), the term ‘commercial item’

14 has the meaning given such term in section 4(12) of the

15 Office of Federal Procurement Policy Act (41 U.S.C.

16 403(12)).’’.

17 (7) FLY AMERICAN REQUIREMENTS.—Section

18 1117 of the Federal Aviation Act of 1958 (49

19 U.S.C. App. 1517) is amended by adding at the end

20 the following new subsection:

21 ‘‘(e)(1) No certification by a contractor, and no con22 tract clause, may be required in the case of a contract

23 for the transportation of commercial items in order to im24 plement a requirement in this section.
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1 ‘‘(2) In paragraph (1), the term ‘commercial item’

2 has the meaning given such term in section 4(12) of the

3 Office of Federal Procurement Policy Act (41 U.S.C.

4 403(12)).’’.

5 SEC. 48006. FLEXIBLE DEADLINES FOR SUBMISSION OF OF6 FERS OF COMMERCIAL ITEMS.

7 (a) OFFICE OF FEDERAL PROCUREMENT POLICY

8 ACT AMENDMENT.—Section 18(a) of the Office of Federal

9 Procurement Policy Act (41 U.S.C. 416(a)) is amended

10 by adding at the end the following new paragraph:

11 ‘‘(4) The requirements of paragraph (3)(B) do not

12 apply to contracts for the purchase of commercial items.

13 The Administrator shall prescribe for such contracts ap14 propriate limits on the applicability of a deadline for sub15 mission of bids or proposals that is required by paragraph

16 (1). Such limits shall be incorporated in the Federal Ac17 quisition Regulation. The Federal Acquisition Regulation

18 shall specify a minimum period for submission of a re19 sponse to a solicitation of offers for a contract for the ac20 quisition of commercial items.’’.

21 (b) SAVINGS PROVISION.—The deadlines for submis22 sion of offers that are in effect in accordance with section

23 18(a) of the Office of Federal Procurement Policy Act (41

24 U.S.C. 416(a)) and section 8(e) of the Small Business Act

25 (15 U.S.C. 637(e)) shall continue to apply to contracts
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1 for the purchase of commercial items until the limits pre2 scribed pursuant to paragraph (4) of section 18(a) of the

3 Office of Federal Procurement Policy Act (as added by

4 subsection (a)) are incorporated in the Federal Acquisition

5 Regulation, as required by such paragraph.

6 SEC. 48007. ADVOCATES FOR ACQUISITION OF COMMER7 CIAL AND NONDEVELOPMENTAL ITEMS.

8 (a) RESPONSIBILITIES OF THE ADVOCATE FOR COM9 PETITION.—Section 20(c) of the Office of Federal Pro10 curement Policy Act (41 U.S.C. 418(c)) is amended to

11 read as follows:

12 ‘‘(c) The advocate for competition for each procuring

13 activity shall be responsible for promoting full and open

14 competition, promoting the acquisition of commercial

15 items and other nondevelopmental items, and challenging

16 barriers to such acquisition, including such barriers as un17 necessarily restrictive statements of need, unnecessarily

18 detailed specifications, and unnecessarily burdensome con19 tract clauses.’’.

20 (b) REPEAL OF SUPERSEDED PROVISION.—Section

21 28 of such Act (41 U.S.C. 424) is repealed.

22 SEC. 48008. PROVISIONS NOT AFFECTED.

23 Nothing in this title shall be construed as amending,

24 modifying, or superseding, or as intended to impair or re25 strict authorities or responsibilities under—
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1 (1) section 111 of the Federal Property and

2 Administrative Services Act of 1949 (40 U.S.C.

3 759), popularly referred to as the ‘‘Brooks Auto4 matic Data Processing Act’’;

5 (2) title IX of the Federal Property and Admin6 istrative Services Act of 1949 (40 U.S.C. 541 et

7 seq.), popularly referred to as the ‘‘Brooks Archi8 tect-Engineers Act’’;

9 (3) subsections (a) and (d) of section 8 of the

10 Small Business Act (15 U.S.C. 637); or

11 (4) the Act of June 25, 1938 (41 U.S.C. 46–

12 48c), that was revised and reenacted in the Act of

13 June 23, 1971 (85 Stat. 77), popularly referred to

14 as the ‘‘Javits-Wagner-O’Day Act’’.

15 SEC. 48009. COMPTROLLER GENERAL REVIEW OF FEDERAL

16 GOVERNMENT USE OF MARKET RESEARCH.

17 (a) REPORT REQUIRED.—Not later than 2 years

18 after the date of the enactment of this division, the Comp19 troller General of the United States shall submit to the

20 Congress a report on the use of market research by the

21 Federal Government in support of the procurement of

22 commercial items and nondevelopmental items.

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

24 the following:
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1 (1) A review of existing Federal Government

2 market research efforts to gather data concerning

3 commercial and other nondevelopmental items.

4 (2) A review of the feasibility of creating a Gov5 ernment-wide data base for storing, retrieving, and

6 analyzing market data, including use of existing

7 Federal Government resources.

8 (3) Any recommendations for changes in law or

9 regulations that the Comptroller General considers

10 appropriate.

11 TITLE XLIX—MISCELLANEOUS

12 PROVISIONS

13 SEC. 49001. COMPTROLLER GENERAL REVIEW OF THE PRO14 VISION OF LEGAL ADVICE FOR INSPECTORS

15 GENERAL.

16 (a) REVIEW AND REPORT REQUIRED.—Not later

17 than March 1, 1995, the Comptroller General of the Unit18 ed States shall—

19 (1) conduct a review of the independence of the

20 legal services being provided to Inspectors General

21 appointed under the Inspector General Act of 1978;

22 and

23 (2) submit to Congress a report on the results

24 of the review.
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1 (b) MATTERS REQUIRED FOR REPORT.—The report

2 shall include the following matters:

3 (1) With respect to each department or agency

4 of the Federal Government that has an Inspector

5 General appointed in accordance with the Inspector

6 General Act of 1978 whose only or principal source

7 of legal advice is the general counsel or other chief

8 legal officer of the department or agency, an assess9 ment of the extent of the independence of the legal

10 advisors providing advice to the Inspector General.

11 (2) A comparison of the findings under the as12 sessment referred to in paragraph (1) with findings

13 on the same matters with respect to each Inspector

14 General whose source of legal advice is legal counsel

15 accountable solely to the Inspector General.

16 SEC. 49002. COST SAVINGS FOR OFFICIAL TRAVEL.

17 (a) The Administrator of the General Services Ad18 ministration, no later than 120 days after enactment of

19 this section, shall issue guidelines to ensure that agencies

20 promote, encourage and facilitate the use of frequent trav21 eler programs offered by airlines, hotels and car rental

22 vendors by Federal employees who engage in official air

23 travel, for the purpose of realizing to the maximum extent

24 practicable cost savings for official travel.
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1 (b) Any awards granted under such a frequent trav2 eler program accrued through official travel shall be used

3 only for official travel.

4 (c) Within one year of enactment of this section, the

5 Administrator shall report to the Congress on efforts to

6 promote the use of frequent traveler programs by Federal

7 employees.

8 SEC. 49003. PROMPT RESOLUTION OF AUDIT REC9 OMMENDATIONS.

10 Federal agencies shall resolve or take corrective ac11 tion on all Office of Inspector General audit report find12 ings within a maximum of six months after their issuance,

13 or, in the case of audits performed by non-Federal audi14 tors, six months after receipt of the report by the Federal

15 Government.

16 SEC. 49004. UNIFORM SUSPENSION AND DEBARMENT.

17 (a) Within six months after the date of enactment

18 of this division, regulations shall be issued providing that

19 provisions for the debarment, suspension, or other exclu20 sion of a participant in a procurement activity under the

21 Federal Acquisition Regulation, or in a nonprocurement

22 activity under regulations issued pursuant to Executive

23 Order No. 12549, shall have government-wide effect. No

24 agency shall allow a party to participate in any procure25 ment or nonprocurement activity if any agency has
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1 debarred, suspended, or otherwise excluded (to the extent

2 specified in the exclusion agreement) that party from par3 ticipation in a procurement or nonprocurement activity.

4 (b) The Regulations issued pursuant to subsection (a)

5 shall provide that an agency may grant an exception per6 mitting a debarred, suspended, or otherwise excluded

7 party to participate in procurement activities of that agen8 cy to the extent exceptions are authorized under the Fed9 eral Acquisition Regulation, or to participate in

10 nonprocurement activities of that agency to the extent ex11 ceptions are authorized under regulations issued pursuant

12 to Executive Order No. 12549.

13 (c) DEFINITIONS.—For the purposes of this part—

14 (1) ‘‘Procurement activities’’ refers to all acqui15 sition programs and activities of the Federal Gov16 ernment, as defined in the Federal Acquisition Reg17 ulation.

18 (2) ‘‘Nonprocurement activities’’ refers to all

19 programs and activities involving Federal financial

20 and nonfinancial assistance and benefits, as covered

21 by Executive Order No. 12549 and the Office of

22 Management and Budget guidelines implementing

23 that order.

24 (3) ‘‘Agency’’ refers to executive departments

25 and agencies.
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1 TITLE L—EFFECTIVE DATES

2 AND IMPLEMENTATION

3 SEC. 50001. EFFECTIVE DATES.

4 (a) EFFECTIVE DATE OF ACT.—Except as otherwise

5 provided in this division, this division shall take effect on

6 the date of the enactment of this Act.

7 (b) EFFECTIVE DATE OF AMENDMENTS.—Except as

8 otherwise provided in this division, the amendments made

9 by this division shall take effect on the date on which final

10 implementing regulations are prescribed in accordance

11 with section 50002.

12 SEC. 50002. IMPLEMENTING REGULATIONS.

13 (a) PROPOSED CHANGES.—Proposed changes to the

14 Federal Acquisition Regulation and such other proposed

15 regulations (or changes to existing regulations) as may be

16 necessary to implement this division shall be published in

17 the Federal Register not later than 210 days after the

18 date of the enactment of this division.

19 (b) PUBLIC COMMENT.—The proposed regulations

20 described in subsection (a) shall be made available for

21 public comment for a period of not less than 60 days.

22 (c) FINAL REGULATIONS.—Final regulations shall be

23 published in the Federal Register not later than 330 days

24 after the date of enactment of this division.
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1 (d) APPLICABILITY.—(1) The amendments made by

2 this division shall apply, in the manner prescribed in such

3 final regulations, to any solicitation that is issued or any

4 unsolicited proposal that is received on or after the date

5 described in paragraph (3).

6 (2) The amendments made by this division shall

7 apply, to the extent and in the manner prescribed in such

8 final regulations, to any matter related to—

9 (A) a contract that is in effect on the date de10 scribed in paragraph (3);

11 (B) an offer under consideration on the date

12 described in paragraph (3); or

13 (C) any other proceeding or action that is ongo14 ing on the date described in paragraph (3).

15 (3) The date referred to in paragraphs (1) and (2)

16 is the date specified in such regulations, which—

17 (A) shall not be earlier than the end of the 30-

18 day period that begins on the date the regulations

19 required by subsection (c) are published; and

20 (B) shall not be later than October 1, 1995.

21 (e) REQUIREMENT FOR CLARITY.—Officers and em22 ployees of the Federal Government who prescribe regula23 tions to implement this division and the amendments

24 made by this division shall make every effort practicable

25 to ensure that the regulations are concise and are easily
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1 understandable by potential offerors as well as by Govern2 ment officials.

3 (f) SAVINGS PROVISION.—Nothing in this division

4 shall be construed to affect the validity of any action taken

5 or any contract entered into prior to the date specified

6 in the regulations pursuant to subsection (d)(3) except to

7 the extent and in the manner prescribed in such regula8 tions.

9 SEC. 50003. EVALUATION BY THE COMPTROLLER GENERAL.

10 (a) EVALUATION RELATING TO ISSUANCE OF REGU11 LATIONS.—Not later than December 1, 1995, the Comp12 troller General shall submit to the committees referred to

13 in subsection (c) a report evaluating compliance with the

14 requirements in section 50002, relating to the issuance of

15 implementing regulations.

16 (b) EVALUATION OF IMPLEMENTATION OF REGULA17 TIONS.—Not later than December 1, 1996, the Comptrol18 ler General shall submit to the committees referred to in

19 subsection (c) a report evaluating the effectiveness of the

20 regulations implementing this division in streamlining the

21 acquisition system and fulfilling the other purposes of this

22 division. The report shall include the Comptroller Gen23 eral’s evaluation of the extent to which the departments

24 and agencies of the Federal Government, in implementing

25 this division and the amendments made by this division,
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1 are reducing acquisition management layers and associ2 ated costs.

3 (c) COMMITTEES DESIGNATED TO RECEIVE THE RE4 PORTS.—The Comptroller General shall submit the re5 ports required by this section to the Committees on Armed

6 Services and on Governmental Affairs of the Senate and

7 the Committees on Small Business on Government Oper8 ations of the House of Representatives.

9 SEC. 50004. DATA COLLECTION THROUGH THE FEDERAL

10 PROCUREMENT DATA SYSTEM.

11 (a) DATA COLLECTION REQUIRED.—The Federal

12 Procurement Data System described in section 6(d)(4)(A)

13 of the Office of Federal Procurement Policy Act (41

14 U.S.C. 405(d)(4)(A)) shall be modified to collect from con15 tracts in excess of the simplified acquisition threshold data

16 pertaining to the following matters:

17 (1) Contract awards made pursuant to competi18 tions conducted pursuant to section 2323 of title 10,

19 United States Code, or section 8(c) of the Small

20 Business Act (15 U.S.C. 637(c)).

21 (2) Awards to business concerns owned and

22 controlled by women.

23 (3) Number of offers received in response to a

24 solicitation.

25 (4) Task order contracts.
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1 (5) Contracts for the acquisition of commercial

2 items.

3 (b) DEFINITION.—In this section, the term ‘‘sim4 plified acquisition threshold’’ has the meaning given such

5 term in section 4 of the Office of Federal Procurement

6 Policy Act (41 U.S.C. 403).

7 TITLE LI—WAIVER OF THE AP8 PLICATION OF THE PREVAIL9 ING WAGE-SETTING REQUIRE10 MENTS TO VOLUNTEERS

11 SEC. 51001. SHORT TITLE.

12 This title may be cited as the ‘‘Community Improve13 ment Volunteer Act of 1994’’.

14 SEC. 51002. PURPOSE.

15 It is the purpose of this title to promote and provide

16 more opportunities for people who wish to volunteer their

17 services in the construction, repair or alteration (including

18 painting and decorating) of public buildings and public

19 works funded, in whole or in part, with Federal financial

20 assistance authorized under certain Federal programs that

21 might not otherwise be possible without the use of volun22 teers, by waiving the application of the otherwise applica23 ble prevailing wage-setting provisions of the Act of March

24 3, 1931 (commonly known as the ‘‘Davis-Bacon Act’’) (40

25 U.S.C. 276a et seq.) to such volunteers.
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1 SEC. 51003. WAIVER.

2 (a) IN GENERAL.—The requirement that certain la3 borers and mechanics be paid in accordance with the

4 wage-setting provisions of the Act of March 3, 1931 (com5 monly known as the ‘‘Davis-Bacon Act’’) (40 U.S.C. 276a

6 et seq.) as set forth in any of the Acts or provisions de7 scribed in subsection (d), and the provisions relating to

8 wages, in any federally assisted or insured contract or sub9 contract for construction, shall not apply to any individ10 ual—

11 (1) who volunteers—

12 (A) to perform a service for a public or

13 private entity for civic, charitable, or humani14 tarian reasons, without promise, expectation, or

15 receipt of compensation for services rendered

16 other than expenses, reasonable benefits, or a

17 nominal fee (as defined in subsection (b)), but

18 solely for the personal purpose or pleasure of

19 the individual; and

20 (B) to provide such services freely and

21 without pressure or coercion, direct or implied,

22 from an employer;

23 (2) whose contribution of service is not for the

24 benefit of any contractor otherwise performing or

25 seeking to perform work on the same project; and
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1 (3) who is not otherwise employed at any time

2 under the federally assisted or insured contract or

3 subcontract involved for construction with respect to

4 the project for which the individual is volunteering.

5 (b) EXPENSES.—Payments of expenses, reasonable

6 benefits, or a nominal fee may be provided to volunteers

7 described in subsection (a) if the Secretary of Labor deter8 mines, after an examination of the total amount of pay9 ments made (relating to expenses, benefits, or fees) in the

10 context of the economic realities of the specific federally

11 assisted or insured project, that such payments are appro12 priate. Subject to such a determination—

13 (1) a payment for an expense may be received

14 by a volunteer for items such as uniform allowances,

15 protective gear and clothing, reimbursement for ap16 proximate out-of-pocket expenses, or for the cost or

17 expense of meals and transportation;

18 (2) a reasonable benefit may include the inclu19 sion of a volunteer in a group insurance plan (such

20 as a liability, health, life, disability, or worker’s com21 pensation plan) or pension plan, or the awarding of

22 a length of service award; and

23 (3) a nominal fee may not be used as a sub24 stitute for compensation and may not be tied to pro25 ductivity.
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1 The decision as to what constitutes a nominal fee for pur2 poses of paragraph (3) shall be made on a case-by-case

3 basis and in the context of the economic realities of the

4 situation involved.

5 (c) ECONOMIC REALITY.—For purposes of subsection

6 (b), in determining whether an expense, benefit, or fee de7 scribed in such subsection may be paid to volunteers in

8 the context of the economic realities of the particular situ9 ation, the Secretary of Labor shall not approve any such

10 expense, benefit, or fee that has the effect of undermining

11 labor standards by creating downward pressure on prevail12 ing wages in the local construction industry.

13 (d) CONTRACTS EXEMPTED.—For purposes of sub14 section (a), the Acts or provisions described in this sub15 section are the following:

16 (1) The Library Services and Construction Act

17 (20 U.S.C. 351 et seq.).

18 (2) The Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 450 et seq.).

20 (3) Section 329 of the Public Health Service

21 Act (42 U.S.C. 254b).

22 (4) Section 330 of the Public Health Service

23 Act (42 U.S.C. 254c).
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1 SEC. 51004. REPORT.

2 Not later than December 31, 1997, the Secretary of

3 Labor shall prepare and submit to the appropriate com4 mittees of Congress a report that—

5 (1) identifies and assesses, to the maximum ex6 tent practicable—

7 (A) the projects for which volunteers were

8 permitted to work under this title; and

9 (B) the number of volunteers permitted to

10 work because of the compliance of entities with

11 the provisions of this title; and

12 (2) contains recommendations with respect to

13 Acts related to the Davis-Bacon Act that could be

14 addressed to permit volunteer work.

Passed the Senate July 1 (legislative day, June 7),

1994.

Attest:

Secretary.
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