Union Calendar No. 112

103D CONGRESS

1ST SESSION H. R. 2401

[Report No. 103–200]

A BILL

To authorize appropriations for fiscal year 1994 for

cal year 1994, and for other purposes.to prescribe military personnel strengths for fismilitary activities of the Department of Defense,

JULY 30, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 112

103D CONGRESS

1ST SESSION H. R. 2401

[Report No. 103–200]

To authorize appropriations for fiscal year 1994 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1994, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1993

Mr. DELLUMS (by request) introduced the following bill; which was referred

to the Committee on Armed Services

JULY 30, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 14, 1993]

A BILL

To authorize appropriations for fiscal year 1994 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1994, 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,
2

HR 2401 RH

1 SECTION 1. SHORT TITLE.

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

3 Authorization Act for Fiscal Year 1994’’.

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

5 CONTENTS.

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

8 (1) Division A—Department of Defense Author9 izations.

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

12 (3) Division C—Department of Energy National

13 Security Authorizations and Other Authorizations.

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.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Defense Health Program.

Sec. 107. Reserve components.

Sec. 108. Chemical demilitarization program.

Sec. 109. National Shipbuilding Initiative.

Sec. 110. Denial of multiyear procurement authorization.
3

HR 2401 RH

Subtitle B—Army Programs

Sec. 111. Procurement of helicopters.

Sec. 112. TOW missile program.

Subtitle C—Navy Programs

Sec. 121. DDG–51 destroyer and fast sealift programs.

Sec. 122. Attack submarine programs.

Sec. 123. Long-term lease authority for certain vessels.

Subtitle D—Air Force Programs (Nonstrategic)

Sec. 131. Intertheater airlift program.

Sec. 132. RC–135 aircraft program.

Subtitle E—Strategic Programs

Sec. 151. B–2 bomber aircraft program.

Sec. 152. B–1 bomber aircraft program.

Sec. 153. Trident II (D–5) missile procurement.

Sec. 154. Prohibition on retrofitting Trident I submarines to carry Trident II

(D–5) missiles.

Subtitle F—Other Matters

Sec. 171. Chemical munitions disposal facilities, Tooele Army Depot, Utah.

Sec. 172. Authority to convey Los Alamos dry dock.

Sec. 173. Sales authority of certain working-capital funded industrial facilities of

the Army.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorizations

Sec. 201. Authorization of appropriations.

Sec. 202. Manufacturing technology development.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Demonstration program for ballistic missile post-launch destruct mechanism.

Sec. 212. Funding for certain tactical intelligence programs.

Sec. 213. Federally Funded Research and Development Centers.

Sec. 214. High Performance Computer Modernization Program.

Sec. 215. High Performance Computing and Communication Initiative.

Sec. 216. Superconducting Magnetic Energy Storage (SMES) program.

Sec. 217. Single stage rocket technology.

Sec. 218. Advanced anti-radiation guided missile.

Sec. 219. DP–2 Vectored Thrust Technology Demonstration Project.

Sec. 220. Advanced Self Protection Jammer (ASPJ) Program.

Sec. 221. Electronic combat systems testing.

Sec. 222. Limitation on Department of Defense missile launches for test purposes.

Sec. 223. B–1 bomber aircraft program.

Subtitle C—Missile Defense Programs

Sec. 231. Funding for fiscal year 1994.

Sec. 232. Report on allocation of funds.
4

HR 2401 RH

Sec. 233. Transfer authorities for Ballistic Missile Defense.

Sec. 234. Revisions to Missile Defense Act of 1991.

Sec. 235. Patriot Advanced Capability–3 theater missile defense system.

Sec. 236. Development and testing of anti-ballistic missile systems or components

to be carried out in accordance with traditional interpretation

of Anti-Ballistic Missile Treaty.

Sec. 237. Theater missile defense road map.

Sec. 238. Additional BMD programs.

Sec. 239. Report on national missile defense cost.

Sec. 240. Theater missile defense interceptor testing.

Sec. 241. Arrow Tactical Anti-Missile program.

Sec. 242. Extension of prohibition on testing Mid-Infrared Advanced Chemical

Laser against an object in space.

Sec. 243. Technical amendments to reflect redesignation of Strategic Defense Initiative Organization.

Subtitle D—Women’s Health Research

Sec. 251. Defense Women’s Health Research Center.

Sec. 252. Continuation of army breast cancer research program.

Sec. 253. Inclusion of women and minorities in clinical research projects.

Sec. 254. Report on research relating to female members of the uniformed services

and female covered beneficiaries.

Subtitle E—Other Matters

Sec. 261. Repeal of requirement for study by Office of Technology Assessment.

Sec. 262. Comprehensive independent study of national cryptography policy.

Sec. 263. Review of assignment of defense research and development categories.

Sec. 264. One-year delay in transfer of management responsibility for Navy mine

countermeasures program.

Sec. 265. Strategic Environmental Research and Development Program.

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.

Sec. 304. Transfer from National Defense Stockpile Fund.

Subtitle B—Limitations

Sec. 311. Notification requirement prior to transfer of certain funds.

Sec. 312. Extension of limitation on the use of certain funds for Pentagon Reservation.

Sec. 313. Prohibition on operation of the Naval Air Station, Bermuda.

Sec. 314. Limitation on the use of appropriated funds for Department of Defense

golf courses.

Sec. 315. Codification of prohibition on the use of certain cost comparison studies.

Sec. 316. Location of certain prepositioning facilities.

Sec. 317. Use of funds for Navy depot backlog.

Sec. 318. Limitation on use of funds for Trident submarine force.
5

HR 2401 RH

Sec. 319. Limitation on obligation of funds in connection with upgrades or repairs at the Army Reserve Facility in Marcus Hook, Pennsylvania.

Sec. 320. Prohibition on contracts with the Bahrain Ship Repairing and Engineering Company for ship repair.

Sec. 321. Limitation on chartering of vessels on which reflagging or conversion

work has been performed in a foreign shipyard.

Sec. 322. One-year prohibition on reduction of force structure for reserve component special operations forces.

Sec. 323. Prohibition on joint use of Selfridge Air National Guard Base, Michigan, with civil aviation.

Subtitle C—Defense-Wide Funds

Sec. 331. Prohibition on use of Defense Business Operations Fund.

Sec. 332. Classification of certain competitive and noncompetitive activities of the

Department of Defense; Noncompetitive Rates Board.

Sec. 333. Competitive and Regulated Business Operations Funds.

Sec. 334. Extension of limitation on obligation against Defense Business Operations Fund.

Subtitle D—Depot-Level Activities

Sec. 341. Department of Defense depot task force.

Sec. 342. Retention of depot-level maintenance workload management by the military departments.

Sec. 343. Prohibition on performance of depot-level support primarily by nonGovernment personnel.

Sec. 344. Prohibition on performance of certain depot-level work by foreign contractors.

Sec. 345. Modification of limitation on the performance of depot-level maintenance of materiel.

Sec. 346. Clarification of limitation on the performance of depot-level maintenance of materiel for new weapon systems.

Subtitle E—Commissaries and Military Exchanges

Sec. 351. Expansion and clarification of commissary and exchange benefits.

Sec. 352. Prohibition on operation of commissary stores by active duty members

of the Armed Forces.

Sec. 353. Modernization of automated data processing capability of the Defense

Commissary Agency.

Sec. 354. Operation of Stars and Stripes bookstores by the military exchanges.

Sec. 355. Availability of funds for Nexcom relocation expenses.

Subtitle F—Other Matters

Sec. 361. Emergency and extraordinary expense authority for the Inspector General of the Department of Defense.

Sec. 362. Authority for civilian army employees to act on reports of survey.

Sec. 363. Extension of guidelines for reductions in civilian positions.

Sec. 364. Authority to extend mailing privileges.

Sec. 365. Extension and modification of pilot program to use National Guard

personnel in medically underserved communities.

Sec. 366. Amendments to the Armed Forces Retirement Home Act of 1991.

Sec. 367. Required payment date under Prompt Payment Act for procurement of

baked goods.
6

HR 2401 RH

Sec. 368. Provision of facilities and services of the Department of Defense to certain educational entities.

Sec. 369. Modification of restriction on repair of certain vessels the homeport of

which is planned for reassignment.

Sec. 370. Escorts and flags for civilian employees who die while serving in an

armed conflict with the Armed Forces.

Sec. 371. Maintenance of Pacific battle monuments.

Sec. 372. Exclusive use of aircraft carrier for full-time training.

Sec. 373. Report on certain educational arrangements for children residing on

military installations in the United States.

Sec. 374. One-year extension of certain programs.

Subtitle G—Environmental Provisions

Sec. 381. Modification of annual report on environmental restoration and compliance by the Department of Defense. –

Sec. 382. Indemnification of transferees of closing defense property.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Sec. 413. Increase in number of members in certain grades authorized to be on

active duty in support of the reserves.

Sec. 414. Force structure allowance for Army National Guard.

Sec. 415. Personnel level for Navy Craft of Opportunity (COOP) Program.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Sec. 422. Student loads at war colleges and at command and general staff colleges.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Active Components

Sec. 501. Years of service for eligibility for separation pay for regular officers involuntarily discharged.

Sec. 502. Extension of eligibility for voluntary separation incentive and special

separation benefits programs.

Sec. 503. Eligibility for involuntary separation benefits.

Sec. 504. Two-year extension of authority for temporary promotion of certain

Navy lieutenants.

Sec. 505. Officers ineligible for consideration by early retirement boards.

Sec. 506. Remedy for ineffective counseling of officers discharged following selection by early discharge boards.
7

HR 2401 RH

Subtitle B—Reserve Components

Sec. 511. Expansion of Selected Reserve call-up period from 90 days to 180 days.

Sec. 512. Number of full-time reserve personnel who may be assigned to ROTC

duty.

Sec. 513. Repeal of mandated reduction in Army Reserve component full-time

manning end strength.

Sec. 514. Two-year extension of certain Reserve Officer Management Programs.

Sec. 515. Cadre divisions.

Sec. 516. Test program for Reserve Combat Maneuver Unit integration.

Sec. 517. Revisions to pilot program for active component support of the reserves.

Sec. 518. Revision of certain deadlines under Army Guard combat reform initiative.

Sec. 519. Annual report on implementation of Army National Guard reform initiative.

Sec. 520. FFRDC study of State and Federal missions of the National Guard.

Sec. 521. Educational assistance for graduate programs for members of the Selected Reserve.

Sec. 522. Transition benefits for Coast Guard Reserve.

Subtitle C—Warrant Officers

Sec. 531. Authorization for involuntary separation of certain regular warrant officers.

Sec. 532. Determination of service for warrant officer retirement sanctuary.

Subtitle D—Women in the Service

Sec. 541. Repeal of the statutory restriction on the assignment of women in the

Navy and Marine Corps.

Sec. 542. Gender-neutral occupational performance standards.

Sec. 543. Notice to Congress of changes to ground combat exclusion policy.

Subtitle E—Victims’ Rights and Family Advocacy

Sec. 551. Mandatory arrests by military law enforcement officials when called to

scenes of domestic violence.

Sec. 552. Improved procedures for notification of victims and witnesses of status

of prisoners in military correctional facilities.

Sec. 553. Study of stalking by persons subject to UCMJ.

Sec. 554. Transitional compensation for dependents of members of the armed

forces discharged for dependent abuse.

Subtitle F—Matters Relating to Military Justice

Sec. 561. Improved right of appeal in court-martial cases.

Sec. 562. Clarification of punitive UCMJ article regarding drunken driving.

Subtitle G—Other Matters

Sec. 571. Criteria for closing senior ROTC units.

Sec. 572. Change in timing of required drug and alcohol testing and evaluation

of applicants for appointment as cadet or midshipman and for

ROTC graduates.

Sec. 573. Reimbursement requirements for advanced education assistance.

Sec. 574. Recognition of powers of attorney notarized by defense notary public.

Sec. 575. Policy concerning homosexuality in the Armed Forces.

Sec. 576. Foreign language proficiency test program.
8

HR 2401 RH

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1994.

Sec. 602. Variable housing allowance for certain members who are required to

pay child support and who are assigned to sea duty.

Sec. 603. Pay for students at service academy preparatory schools.

Sec. 604. Advance payments in connection with the evacuation of members and

dependents of members from designated places.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Permanent authority for certain bonuses and special pay for nurse officer candidates, registered nurses and nurse anesthetists.

Sec. 612. Extension and modification of certain Selected Reserve bonuses.

Sec. 613. Extensions of authorities relating to payment of other bonuses and special pays.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Authorization of payment or collection due to fluctuations of foreign

currency incurred by certain military members.

Subtitle D—Other Matters

Sec. 631. Definition of dependent for purposes of allowances to include certain

unmarried persons in the legal custody of a member or former

member.

Sec. 632. Clarification of eligibility for tuition assistance.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Primary and preventive health-care services for women.

Sec. 702. Definition of dependent for purposes of medical and dental coverage to

include certain unmarried persons in the legal custody of a

member or former member.

Subtitle B—Health Care Management

Sec. 711. Extension and revision of specialized treatment services program.

Sec. 712. Codification of CHAMPUS peer review organization program procedures.

Sec. 713. Federal preemption regarding contracts for medical and dental care.

Sec. 714. Delay of termination effective date for Uniformed Services Treatment

Facilities.

Sec. 715. Managed-care delivery and reimbursement model for the Uniformed

Services Treatment Facilities.

Sec. 716. Clarification of conditions on expansion of CHAMPUS reform initiative to other locations.

Sec. 717. Increased flexibility for personal service contracts in military medical

treatment facilities.

Sec. 718. Expansion of the program for the collection of health care costs from

third-party payers.

Sec. 719. Alternative resource allocation method for medical facilities of the uniformed services.
9

HR 2401 RH

Sec. 720. Use of health maintenance organization model as option for military

health care.

Sec. 721. Authorization for automated medical record capability to be included

in medical information system.

Subtitle C—Other Matters

Sec. 731. Award of constructive service credit for advanced health professional degrees.

Sec. 732. Clarification of authority for graduate student program of the Uniformed Services University of the Health Sciences.

Sec. 733. Authority for the Armed Forces Institute of Pathology to obtain additional distinguished pathologists and scientists.

Sec. 734. Report on the provision of health-care services to women.

Sec. 735. Sense of Congress regarding the inclusion of chiropractic care as a type

of health care authorized under CHAMPUS.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Assistance Programs

Sec. 801. Defense Procurement Technical Assistance Program.

Sec. 802. Historically Black colleges and universities.

Subtitle B—Provisions to Streamline Defense Acquisition Laws

Sec. 811. Repeal and amendment of obsolete, redundant, or otherwise unnecessary

laws applicable to Department of Defense generally.

Sec. 812. Extension to Department of Defense generally of certain acquisition

laws applicable to the Army and Air Force.

Sec. 813. Repeal and amendment of certain acquisition laws applicable to the

Army and Air Force.

Sec. 814. Consolidation, repeal, and amendment of certain acquisition laws applicable to the Navy.

Sec. 815. Additional authority to contract for fuel storage and management.

Sec. 816. Additional authority relating to the acquisition of petroleum.

Sec. 817. Simplified acquisition threshold.

Sec. 816. Procurement of commercial and nondevelopmental items.

Sec. 819. Technical and clerical amendments.

Subtitle C—Other Matters

Sec. 821. Reports on contract bundling.

Sec. 822. Prohibition on competition between depot maintenance activities and

small businesses for certain maintenance contracts.

Sec. 823. Clarification of requirement for domestic manufacture of propellers for

ships funded under the Fast Sealift Program.

Sec. 824. Pilot program to improve pricing policies for use of major range and

test facility installations of the Air Force.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Office of the Secretary of Defense

Sec. 901. Enhanced position for Comptroller of Department of Defense.
10

HR 2401 RH

Sec. 902. New position of Under Secretary of Defense for Personnel and Readiness.

Sec. 903. Redesignation of positions of Under Secretary and Deputy Under Secretary of Defense for Acquisition.

Sec. 904. Further conforming amendments to chapter 4 of title 10, United States

Code.

Sec. 905. Director of Operational Test and Evaluation.

Subtitle B—Reserve Commands

Sec. 921. Army Reserve Command.

Sec. 922. Naval Reserve Command.

Sec. 923. Marine Corps Reserve Command.

Sec. 924. Air Force Reserve Command.

Subtitle C—Professional Military Education

Sec. 931. Authority for award by National Defense University of certain master

of science degrees.

Sec. 932. Redesignation of Armed Forces Staff College.

Sec. 933. Location for new joint warfighting center.

Sec. 934. Authority to employ civilian faculty members at George C. Marshall

European Center for Security Studies.

Subtitle D—Other Matters

Sec. 941. Assignment of reserve forces.

Sec. 942. Moratorium on merger of Space Command and Strategic Command.

Sec. 943. Security clearances for civilian employees.

Sec. 944. Program for videotaping of investigative interviews.

Sec. 945. Flexibility in administering requirement for annual four percent reduction in number of personnel assigned to headquarters and headquarters support activities.

Sec. 946. Enhanced flexibility relating to requirements for service in a joint duty

assignment.

Sec. 947. Flexibility for required post-education joint duty assignment.

Sec. 948. Report on options for organizational structure for imagery collection

functions.

Sec. 949. Report on Department of Defense Bottom Up Review.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Clarification of scope of authorizations.

Sec. 1003. Incorporation of classified annex.

Sec. 1004. Defense cooperation account.

Sec. 1005. Global Cooperatives Initiative.

Sec. 1006. Limitation on transferring defense funds to other departments and

agencies.

Sec. 1007. Sense of Congress concerning defense budget process.

Subtitle B—Counter-Drug Activities

Sec. 1021. Department of Defense support for counter-drug activities of other

agencies.

Sec. 1022. Report on defense counter-drug program.
11

HR 2401 RH

Subtitle C—Other Matters

Sec. 1031. Procedures for handling war booty.

Sec. 1032. Award of purple heart to members killed or wounded in action by

friendly fire.

Sec. 1033. Award of gold star lapel buttons to survivors of service members killed

by terrorist acts.

Sec. 1034. Extension of authority for certain foreign governments to receive excess

defense articles.

Sec. 1035. Codification of provision relating to Overseas Workload Program.

Sec. 1036. Modification of authority to conduct National Guard Civilian Youth

Opportunities Program.

Sec. 1037. Sense of Congress concerning meeting of interallied confederation of reserve officers.

Sec. 1038. Semiannual report on efforts to seek compensation from Government

of Peru for death and wounding of certain United States servicemen.

Sec. 1039. Basing for C–130 aircraft.

Sec. 1040. Memorial to U.S.S. Indianapolis.

Sec. 1041. Congressional notification when United States forces are placed under

operational control of a foreign nation.

Sec. 1042. Identification of service in Vietnam in the computerized index of the

National Personnel Records Center.

TITLE XI—CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE

Sec. 1101. Designation of Army as executive agent for chemical and biological

warfare defense programs.

Sec. 1102. Requirement for single oversight office for chemical-biological defense

programs within the Office of the Secretary of Defense.

Sec. 1103. Consolidation of chemical and biological defense training activities.

Sec. 1104. Annual report on chemical and biological warfare defense.

Sec. 1105. Preparations for implementation of the chemical weapons convention.

Sec. 1106. Sense of Congress concerning response to terrorist threats.

Sec. 1107. Sense of Congress concerning other chemical and biological defense

matters.

Sec. 1108. International cooperation program.

Sec. 1109. Agreements to provide support to vaccination programs of Department

of Health and Human Services.

TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF

FORMER SOVIET UNION

Sec. 1201. Short title.

Sec. 1202. Findings on cooperative threat reduction.

Sec. 1203. Authority for programs to facilitate cooperative threat reduction.

Sec. 1204. Funding for fiscal year 1994.

Sec. 1205. Prior notice to Congress of obligation of funds.

Sec. 1206. Authorization for additional fiscal year 1993 assistance to the independent states of the former Soviet Union.

Sec. 1207. Semiannual report.

Sec. 1208. Definition.

TITLE XIII—DEFENSE CONVERSION, REINVESTMENT, AND

TRANSITION ASSISTANCE

Sec. 1301. Short title.
12

HR 2401 RH

Sec. 1302. Funding of defense conversion, reinvestment, and transition assistance

programs for fiscal year 1994.

Sec. 1303. Annual report on defense conversion, reinvestment, and transition assistance programs.

Subtitle A—Defense Technology Reinvestment Projects

Sec. 1311. Funding of defense technology reinvestment projects for fiscal year

1994.

Sec. 1312. Repeal and amendment of certain provisions relating to defense technology and industrial base, reinvestment, and conversion.

Sec. 1313. Expansion of objectives of defense technology reinvestment projects.

Sec. 1314. Defense technology reinvestment projects for fiscal year 1994.

Sec. 1315. Expansion of purposes of defense advanced manufacturing technology

partnerships.

Sec. 1316. Defense dual-use assistance extension program.

Sec. 1317. Consistency in financial commitment requirements of non-Federal government participants in technology reinvestment projects.

Subtitle B—Community Adjustment and Assistance Programs

Sec. 1321. Adjustment and diversification assistance for States and local governments from the Office of Economic Adjustment.

Sec. 1322. Assistance for communities adversely affected by catastrophic or multiple base closures or realignments.

Sec. 1323. Continuation of pilot project to improve economic adjustment planning.

Sec. 1324. Consideration of local and regional economic needs as part of the disposition of real property and facilities under base closure laws.

Sec. 1325. Shipyard conversion and reuse studies.

Subtitle C—Personnel Adjustment, Education, and Training Programs

Sec. 1331. Continuation of teacher and teacher’s aide placement programs.

Sec. 1332. Programs to place separated members of the Armed Forces in employment positions with law enforcement agencies and health care

providers.

Sec. 1333. Grants to institutions of higher education to provide education and

training in environmental restoration to dislocated defense workers and young adults.

Sec. 1334. Revision to improvements to employment and training assistance for

dislocated workers.

Sec. 1335. Demonstration program for the training of recently discharged veterans for employment in construction and in hazardous waste remediation.

Sec. 1336. Service members occupational conversion and training.

Subtitle D—Other Matters

Sec. 1341. Encouragement of industrial diversification planning for certain defense contractors.

Sec. 1342. Encouragement for the purchase or lease of vehicles producing zero or

very low exhaust emissions.

Sec. 1343. Revision to requirements for notice to contractors upon proposed or actual termination of defense programs.
13

HR 2401 RH

Subtitle E—National Shipbuilding Initiative

Sec. 1351. Short title.

Sec. 1352. National shipbuilding initiative.

Sec. 1353. Department of Defense program management through Advanced Research Projects Agency.

Sec. 1354. Advanced Research Projects Agency functions.

Sec. 1355. Eligible shipyards.

Sec. 1356. Loan guarantees for export vessels.

Sec. 1357. Loan guarantees for shipyard modernization and improvement.

Sec. 1358. Funding for certain loan guarantee commitments for fiscal year 1994.

Sec. 1359. Authorizations of appropriations.

TITLE XIV—NATIONAL COMMISSION ON ROLES AND MISSIONS OF

THE ARMED FORCES

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Establishment of Commission.

Sec. 1404. Duties of Commission.

Sec. 1405. Reports.

Sec. 1406. Powers.

Sec. 1407. Commission procedures.

Sec. 1408. Personnel matters.

Sec. 1409. Miscellaneous administrative provisions.

Sec. 1410. Payment of Commission expenses.

Sec. 1411. Termination of the Commission.

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.

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.

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. Relocation of Air Force activities from Sierra Army Depot, California,

to Beale Air Force Base, California.

Sec. 2306. Combat arms training and maintenance facility relocation from

Wheeler Air Force Base, Hawaii, to United States Army

Schofield Barracks Open Range, Hawaii.
14

HR 2401 RH

Sec. 2307. Authority to transfer funds as part of the improvement of Dysart

Channel, Luke Air Force Base, Arizona.

Sec. 2308. Authority to transfer funds for school construction for Lackland Air

Force Base, Texas.

Sec. 2309. Authority to transfer funds as part of the replacement family housing

project at Scott Air Force Base, Illinois.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Termination of authority to carry out land acquisition for Army National Guard Training Area in Muskingum County, Ohio.

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

law.

Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

Sec. 2801. Increase in the maximum amount authorized to be obligated for emergency construction in a fiscal year.

Sec. 2802. Military family housing leasing programs.

Sec. 2803. Sale of electricity from alternate energy and cogeneration production

facilities.

Sec. 2804. Energy savings at military installations.

Sec. 2805. Authorization to acquire existing facilities in lieu of carrying out construction authorized by law.

Sec. 2806. Clarification of participation in Department of State housing pools.

Sec. 2807. Navy housing investment agreements and Housing Investment Board.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Base closure account management flexibility.

Sec. 2812. Authority to contract for certain functions at installations being closed

or realigned.

Sec. 2813. Increased funding sources for environmental restoration at military

installations to be closed.
15

HR 2401 RH

Sec. 2814. Testimony before Defense Base Closure and Realignment Commission.

Sec. 2815. Expansion of conveyance authority regarding financial facilities on

closed military installations to include all depository institutions.

Sec. 2816. Authority to transfer property at military installations to be closed to

persons paying the cost of environmental restoration activities

on the property.

Sec. 2817. Authority to lease property pending final disposition.

Sec. 2818. Electric power allocation and economic development at certain military installations to be closed in the State of California.

Subtitle C—Land Transactions

Sec. 2821. Modification of land conveyance, New London, Connecticut.

Sec. 2822. Land conveyance, Broward County, Florida.

Sec. 2823. Land conveyance, Naval Air Station, Oceana, Virginia.

Sec. 2824. Release of reversionary interest, Old Spanish Trail Armory, Harris

County, Texas.

Sec. 2825. Lease and joint use of certain real property, Marine Corps Base,

Camp Pendleton, California.

Sec. 2826. Land conveyance, Craney Island Fuel Depot, Naval Supply Center,

Virginia.

Sec. 2827. Land conveyance, Portsmouth, Virginia.

Sec. 2828. Transfer of natural gas distribution system at Fort Belvoir, Virginia,

to the Washington Gas Company.

Sec. 2829. Transfer of water distribution system at Fort Lee, Virginia, to the

American Water Company.

Sec. 2830. Transfer of waste water treatment facility at Fort Pickett, Virginia,

to Blackstone, Virginia.

Sec. 2831. Transfer of water distribution system and reservoir at Stewart Army

Subpost to New Windsor, New York.

Sec. 2832. Expansion of land transaction authority involving Hunters Point

Naval Shipyard, San Francisco, California.

Sec. 2833. Modification of lease authority, Naval Supply Center, Oakland, California.

Sec. 2834. Land conveyance, Iowa Army Ammunition Plant, Iowa.

Sec. 2835. Transfer of electric power distribution system at Naval Air Station,

Alameda, California, to the City of Alameda Bureau of Electricity.

Subtitle D—Other Matters

Sec. 2841. Flood control project.

Sec. 2842. Use of Army Corps of Engineers to manage military construction

projects in Hawaii.

Sec. 2843. Special rule for military construction on certain lands in the State

of Hawaii.

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.
16

HR 2401 RH

Sec. 3102. Environmental restoration and waste management.

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

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Funding uses and limitations.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Other Provisions

Sec. 3131. Improved Congressional oversight of Department of Energy special access programs.

Sec. 3132. Baseline environmental management reports.

Sec. 3133. Expansion of authority to loan personnel and facilities.

Sec. 3134. Modification of payment provision.

Sec. 3135. Stockpile stewardship program.

Sec. 3136. Counter-proliferation program.

Sec. 3137. Limitations on the receipt and storage of spent nuclear fuel from foreign research reactors.

Sec. 3138. Contract goal for small disadvantaged businesses and certain institutions of higher education.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

AUTHORIZATION

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Disposal of obsolete and excess materials contained in the National Defense Stockpile.

Sec. 3303. Modification of notice and wait requirements for deviations from annual materials plan.

Sec. 3304. Continuation of limitations on the disposal of chromite and manganese ores and chromium and manganese ferro.

Sec. 3305. Conversion of chromium ore to high purity electrolytic chromium

metal.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.

Sec. 3402. Modernization of the civil defense system.
17

HR 2401 RH

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 and the Committees on Appropriations of the Senate and

5 House of Representatives.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Authorization of

10 Appropriations

11 SEC. 101. ARMY.

12 Funds are hereby authorized to be appropriated for fis13 cal year 1994 for procurement for the Army as follows:

14 (1) For aircraft, $1,506,537,000.

15 (2) For missiles, $1,084,315,000.

16 (3) For weapons and tracked combat vehicles,

17 $876,997,000.

18 (4) For ammunition, $665,466,000.

19 (5) For other procurement, $2,946,362,000.

20 SEC. 102. NAVY AND MARINE CORPS.

21 (a) NAVY.—Funds are hereby authorized to be appro22 priated for fiscal year 1994 for procurement for the Navy

23 as follows:

24 (1) For aircraft, $5,759,827,000.

25 (2) For weapons, including missiles and tor26 pedoes, $2,764,824,000.
18

HR 2401 RH

1 (3) For shipbuilding and conversion,

2 $4,160,188,000.

3 (4) For other procurement, $2,861,480,000.

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

5 be appropriated for fiscal year 1994 for procurement for

6 the Marine Corps in the amount of $471,021,000.

7 SEC. 103. AIR FORCE.

8 Funds are hereby authorized to be appropriated for fis9 cal year 1994 for procurement for the Air Force as follows:

10 (1) For aircraft, $7,223,502,000.

11 (2) For missiles, $3,620,871,000.

12 (3) For other procurement, $7,621,793,000.

13 SEC. 104. DEFENSE-WIDE ACTIVITIES.

14 Funds are hereby authorized to be appropriated for fis15 cal year 1994 for defense-wide procurement in the amount

16 of $2,177,082,000.

17 SEC. 105. DEFENSE INSPECTOR GENERAL.

18 Funds are hereby authorized to be appropriated for fis19 cal year 1994 for procurement for the Defense Inspector

20 General in the amount of $800,000.

21 SEC. 106. DEFENSE HEALTH PROGRAM.

22 Funds are hereby authorized to be appropriated for fis23 cal year 1994 for procurement for the Defense Health Pro24 gram in the amount of $272,762,000.
19

HR 2401 RH

1 SEC. 107. RESERVE COMPONENTS.

2 Funds are hereby authorized to be appropriated for fis3 cal year 1994 for procurement of aircraft, vehicles, commu4 nications equipment, and other equipment for the reserve

5 components of the Armed Forces as follows:

6 (1) For the Army National Guard, $289,675,000.

7 (2) For the Air National Guard, $170,000,000.

8 (3) For the Army Reserve, $81,300,000.

9 (4) For the Naval Reserve, $156,800,000.

10 (5) For the Air Force Reserve, $230,000,000.

11 (6) For the Marine Corps Reserve, $65,500,000.

12 SEC. 108. CHEMICAL DEMILITARIZATION PROGRAM.

13 Funds are hereby authorized to be appropriated for fis14 cal year 1994 for the destruction of lethal chemical weapons

15 in accordance with section 1412 of the Department of De16 fense Authorization Act, 1986 (50 U.S.C. 1521), and for

17 the destruction of other chemical warfare materials that are

18 not in the chemical weapons stockpile in the amount of

19 $114,500,000.

20 SEC. 109. NATIONAL SHIPBUILDING INITIATIVE.

21 Funds are hereby authorized to be appropriated for fis22 cal year 1994 for the National Shipbuilding Initiative

23 under subtitle F of title XIII of this Act in the amount

24 of $200,000,000.
20

HR 2401 RH

1 SEC. 110. DENIAL OF MULTIYEAR PROCUREMENT AUTHOR2 IZATION.

3 The Secretary of the Navy may not enter into a

4 multiyear procurement contract under section 2306(h) of

5 title 10, United States Code, for the F/A–18C/D aircraft

6 program.

7 Subtitle B—Army Programs

8 SEC. 111. PROCUREMENT OF HELICOPTERS.

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

10 132(a)(2) of the National Defense Authorization Act for Fis11 cal Years 1990 and 1991 (Public Law 101–189; 103 Stat.

12 1382) does not apply to the obligation of funds in amounts

13 not to exceed $150,000,000 for the procurement of not more

14 than 10 AH–64 aircraft from funds appropriated for fiscal

15 year 1994 pursuant to section 101.

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

17 section 133(a)(2) of the National Defense Authorization Act

18 for Fiscal Years 1990 and 1991 (Public Law 101–189; 103

19 Stat. 1383) does not apply to the obligation of funds in

20 amounts not to exceed $225,000,000 for the procurement of

21 not more than 36 OH–58D AHIP Scout aircraft from funds

22 appropriated for fiscal year 1994 pursuant to section 101.

23 SEC. 112. TOW MISSILE PROGRAM.

24 (a) IN GENERAL.—(1) The Secretary of Defense shall

25 terminate the TOW missile program in accordance with

26 this section.
21

HR 2401 RH

1 (2) Except as provided in subsection (b), funds appro2 priated or otherwise made available to the Department of

3 Defense pursuant to this or any other Act may not be obli4 gated for the procurement of TOW missiles.

5 (b) EXCEPTIONS.—(1) The prohibition in subsection

6 (a)(2) does not apply to—

7 (A) the modification of, or the acquisition of

8 spare or repair parts for, TOW missiles described in

9 paragraph (2);

10 (B) completion of new production missiles de11 scribed in paragraph (2)(B); and

12 (C) the obligation of not more than $75,282,000

13 from funds made available pursuant to section 101(2)

14 for the procurement of not more than 2,000 missiles

15 and for payment of costs necessary to terminate the

16 TOW program.

17 (2) The missiles referred to in paragraph (1)(A) are—

18 (A) TOW missiles acquired by the Department of

19 Defense on or before the date of the enactment of this

20 Act;

21 (B) TOW new production missiles for which

22 funds, other than funds for the procurement of long

23 lead items and other advance procurement, were obli24 gated before the date of the enactment of this Act and
22

HR 2401 RH

1 which are delivered to the Department of Defense on

2 or after that date; and

3 (C) 2,000 new production missiles for which

4 funds are available in accordance with subsection

5 (b)(1)(C).

6 Subtitle C—Navy Programs

7 SEC. 121. DDG–51 DESTROYER AND FAST SEALIFT PRO8 GRAMS.

9 None of the funds appropriated pursuant to section

10 102 for shipbuilding and conversion for the Navy for fiscal

11 year 1994 may be obligated for the DDG–51 guided missile

12 destroyer program until—

13 (1) contracts for conversion of seven cargo vessels

14 specified under the National Sealift Program have

15 been awarded; and

16 (2) the Secretary of the Navy has transmitted to

17 the congressional defense committees notice that those

18 contracts have been awarded.

19 SEC. 122. ATTACK SUBMARINE PROGRAMS.

20 (a) SEAWOLF SUBMARINE PROGRAM COSTS.—(1)

21 None of the funds described in subsection (b) may be obli22 gated until the Secretary of Defense submits to the congres23 sional defense committees a report concerning the latest and

24 best estimated cost of producing the SSN–21 and SSN–22

25 Seawolf attack submarines, determined as of the date of the
23

HR 2401 RH

1 enactment of this Act. The report shall state the full cost

2 for production of each vessel and shall identify the amount

3 and source of funds available to the Navy for each such ves4 sel from funds appropriated for fiscal years before fiscal

5 year 1994.

6 (2) If the report under paragraph (1) discloses a short7 fall of available funds for either or both of the SSN–21 and

8 SSN–22 vessels that is not funded by another source identi9 fied by the Secretary of Defense, the Secretary of Defense

10 shall, subject to the provisions of appropriations Acts, use

11 the funds described in subsection (b)(1) to the extent nec12 essary to complete production of those two vessels.

13 (b) FUNDS SUBJECT TO LIMITATION.—Funds subject

14 to the limitation under subsection (a) are the following:

15 (1) Any unobligated funds remaining from the

16 amount of $540,200,000 originally appropriated for

17 fiscal year 1992 for the SSN–21 program and made

18 available under Public Law 102–298 for the purposes

19 of preserving the industrial base for submarine con20 struction (as specified at page 27 of the report of the

21 committee of conference to accompany the conference

22 report on H.R. 4990 of the 102d Congress (House Re23 port 102–530)).

24 (2) Funds appropriated pursuant to section 201

25 for research, development, test, and evaluation for the
24

HR 2401 RH

1 Navy for fiscal year 1994 that are available for the

2 new SSN (attack submarine) program for the re3 search and development stages designated as 6.3 and

4 6.4.

5 (c) NEW ATTACK SUBMARINE PROGRAM.—In addition

6 to the limitation under subsection (a)(1), the funds de7 scribed in subsection (b)(2) may not be obligated until the

8 Secretary of Defense submits to the congressional defense

9 committees a certification that the Cost and Operational

10 Effectiveness Analysis (COEA) process for the new SSN (at11 tack submarine) program has been completed. The Sec12 retary shall include with such certification a copy of the

13 analysis.

14 (d) REPORT ON PROPOSED USE OF FISCAL YEAR 1992

15 FUNDS.—(1) In addition to the limitation under subsection

16 (a)(1), funds described in subsection (b)(1) that remain

17 available after any use of such funds under subsection

18 (a)(2) may not be obligated until the Secretary of Defense

19 submits to the congressional defense committees a report de20 scribing the Secretary’s plan for the use of those funds and

21 30 days of continuous session of Congress have expired fol22 lowing the date on which that report is transmitted to Con23 gress.

24 (2) For purposes of paragraph (1), the continuity of

25 a session of Congress is broken only by an adjournment of
25

HR 2401 RH

1 the Congress sine die, and the days on which either House

2 is not in session because of an adjournment of more than

3 3 days to a day certain are excluded in the computation

4 of such 30-day period.

5 (e) RETROACTIVE AUTHORIZATION.—The amount re6 ferred to in subsection (b)(1) shall be treated for all purposes

7 as having been authorized by law for fiscal year 1992 in

8 accordance with section 114(a) of title 10, United States

9 Code.

10 SEC. 123. LONG-TERM LEASE AUTHORITY FOR CERTAIN

11 VESSELS.

12 (a) AUTHORITY.—The Secretary of the Navy may

13 enter into a long-term lease or charter for a vessel described

14 in subsection (b) without regard to the provisions of section

15 2401 of title 10, United States Code, or section 9081 of the

16 Department of Defense Appropriations Act, 1990 (10

17 U.S.C. 2401 note).

18 (b) COVERED VESSELS.—Subsection (a) applies to any

19 double-hull tanker or oceanographic vessel constructed in a

20 United States shipyard after the date of the enactment of

21 this Act using assistance provided under the National Ship22 building Initiative.

23 (c) CONDITIONS ON OBLIGATION OF FUNDS.—A con24 tract entered into for a lease or charter pursuant to sub25 section (a) shall include the following provisions:
26

HR 2401 RH

1 (1) A statement that the obligation of the United

2 States to make payments under the contract in any

3 fiscal year is subject to appropriations being provided

4 specifically for that fiscal year and specifically for

5 that lease or project.

6 (2) A commitment to obligate the necessary

7 amount for each fiscal year covered by the contract

8 when and to the extent that funds are appropriated

9 for that lease or charter for that fiscal year.

10 (3) A statement that such a commitment given

11 under the authority of this section does not constitute

12 an obligation of the United States.

13 (d) DEFINITION.—For purposes of subsection (a), the

14 term ‘‘long-term lease or charter’’ has the meaning given

15 that term in section 2401(d)(1)(A) of title 10, United States

16 Code (without regard to subparagraph (B) of that section).

17 Subtitle D—Air Force Programs

18 (Nonstrategic)

19 SEC. 131. INTERTHEATER AIRLIFT PROGRAM.

20 (a) LIMITATION.—None of the funds appropriated pur21 suant to section 103 for procurement of airlift aircraft for

22 the Air Force for fiscal year 1994 may be obligated until

23 45 days after the date on which the Secretary of Defense

24 submits to the congressional defense committees the report

25 referred to in subsection (b).
27

HR 2401 RH

1 (b) REPORT REQUIREMENT.—A report under sub2 section (a) is a report in which the Secretary of Defense

3 provides—

4 (1) the Secretary’s recommendation for the air5 craft or mix of aircraft to be procured for the

6 intertheater airlift mission; and

7 (2) the results of the activities under subsections

8 (c), (d), and (e).

9 (c) ESTABLISHMENT OF INTERTHEATER AIRLIFT RE10 QUIREMENTS.—The Secretary of Defense, after the date of

11 the enactment of this Act, shall establish the qualitative and

12 quantitative intertheater airlift requirements of the Depart13 ment of Defense.

14 (d) COST AND OPERATIONAL EFFECTIVENESS ANALY15 SIS.—The Secretary of Defense, after the date of the enact16 ment of this Act, shall conduct a Cost and Operational Ef17 fectiveness Analysis to determine the most cost effective

18 intertheater airlift alternative to satisfy the requirements

19 established pursuant to subsection (c). In carrying out such

20 analysis, the Secretary—

21 (1) shall consider all reasonable aircraft and

22 mixes of aircraft for the intertheater airlift mission,

23 including procurement of additional C–17 aircraft,

24 procurement of additional C–5 aircraft, procurement

25 of additional C–141 aircraft, carrying out a Service-
28

HR 2401 RH

1 Life Extension Program (SLEP) for existing C–141

2 aircraft, and procurement of commercial wide-body

3 aircraft; and

4 (2) for the C–17 program, shall include appro5 priate restructure (or ‘‘work out’’) costs and the ex6 pected cost of claims against the Government.

7 (e) DAB REVIEW.—After the activities described in

8 subsections (c) and (d) have been completed, the Secretary

9 shall conduct a Defense Acquisition Board review based on

10 the results under those subsections.

11 SEC. 132. RC–135 AIRCRAFT PROGRAM.

12 (a) FISCAL YEAR 1994 FUNDS.—Of the funds author13 ized to be appropriated in section 103 for procurement of

14 aircraft for the Air Force for fiscal year 1994, $93,200,000

15 shall be available for reengining and modifying two existing

16 C–135 aircraft to the latest RC–135 Rivet Joint configura17 tion plus improvements necessary to support unique Navy

18 requirements.

19 (b) FISCAL YEAR 1993 FUNDS.—(1) The amount of

20 $56,962,000 made available under section 141 of the Na21 tional Defense Authorization Act for Fiscal Year 1993 (Pub22 lic Law 102–484; 106 Stat. 2338) for modernizing either

23 Navy EP–3 aircraft or Air Force RC–135 aircraft shall be

24 made available for improvements to existing RC–135 air-
29

HR 2401 RH

1 craft as though that aircraft had been selected by the Sec2 retary of Defense under section 141(b)(2) of such Act.

3 (2) The amount of $65,700,000 made available under

4 section 131(3) of the National Defense Authorization Act

5 for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2334)

6 to reengine three existing RC–135 aircraft, if the RC–135

7 was selected by the Secretary of Defense under section

8 141(b)(2) of such Act, shall be made available for RC–135

9 reengining as though that aircraft had been so selected.

10 Subtitle E—Strategic Programs

11 SEC. 151. B–2 BOMBER AIRCRAFT PROGRAM.

12 (a) AMOUNT FOR PROGRAM.—Of the amount appro13 priated pursuant to section 103 for the Air Force for fiscal

14 year 1994 for procurement of aircraft, not more than

15 $911,300,000 may be obligated for procurement for the B–

16 2 bomber aircraft program.

17 (b) B–2 BUYOUT AND TERMINATION.—The funds re18 ferred to in subsection (a) may be obligated only for the

19 purpose of procurement associated with closing out the B–

20 2 bomber aircraft program, including amounts for procure21 ment of spares and parts for that aircraft.

22 (c) REAFFIRMATION OF LIMITATION ON NUMBER OF

23 B–2 AIRCRAFT.—As provided in section 151(c) of Public

24 Law 102–484 (106 Stat. 2339), the Secretary of the Air

25 Force may not procure more than 20 deployable B–2 air-
30

HR 2401 RH

1 craft (plus one test aircraft which may not be made oper2 ational).

3 (d) LIMITATION ON OBLIGATION OF FY94 FUNDS.—

4 None of the funds appropriated pursuant to section 103 for

5 the Air Force for fiscal year 1994 may be obligated for the

6 B–2 bomber aircraft program until each of the conditions

7 specified in paragraphs (1), (2), and (3) of section 151(d)

8 of Public Law 102–484 (106 Stat. 2339), including the con9 dition requiring the enactment of an Act which permits the

10 obligation of certain funds for the procurement of B–2

11 bomber aircraft, has been satisfied.

12 (e) DENIAL OF INTERIM NEAR-PRECISE MUNITIONS

13 PROGRAM.—(1) The Secretary of the Air Force may not

14 use any funds appropriated for fiscal year 1994 or any

15 prior fiscal year for the development, integration, or acqui16 sition of an interim near-precise munitions capability for

17 the B–2 aircraft.

18 (2) For the purposes of paragraph (1):

19 (A) The term ‘‘near-precise munitions capabil20 ity’’ means the capability that the Secretary of the

21 Air Force has proposed for the B–2 aircraft to be pro22 duced by the Global Positioning System-aided

23 targeting system and Global Positioning System24 aided munitions.
31

HR 2401 RH

1 (B) The term ‘‘interim’’, with respect to a muni2 tions capability for the B–2 aircraft, means a capa3 bility proposed for the period before the availability

4 of the Joint Direct Attack Munition for that aircraft.

5 SEC. 152. B–1 BOMBER AIRCRAFT PROGRAM.

6 (a) INTERIM NEAR-PRECISE MUNITIONS PROGRAM.—

7 The Secretary of the Air Force shall initiate a program for

8 the production of Global Positioning System-aided muni9 tions (GAM) for 10 B–1 bomber aircraft. It shall be the

10 goal of the program to achieve an interim near-precise mu11 nitions capability on 10 B–1 aircraft by 1996.

12 (b) AMOUNT FOR PROGRAM.—Of the amount author13 ized to be appropriated pursuant to section 103 for the Air

14 Force for fiscal year 1994 for procurement of aircraft,

15 $263,355,000 shall be available for procurement for B–1B

16 aircraft, of which $100,808,000 shall be available for modi17 fication of inservice aircraft. Of the amount available for

18 modification of inservice aircraft, $50,000,000 shall be

19 available for the purchase of GAM kits to achieve the muni20 tions capability described in subsection (a).

21 SEC. 153. TRIDENT II (D–5) MISSILE PROCUREMENT.

22 (a) FINAL PRODUCTION.—Of amounts appropriated

23 pursuant to section 102 for procurement of weapons (in24 cluding missiles and torpedoes) for the Navy for fiscal year

25 1994—
32

HR 2401 RH

1 (1) not more than $983,300,000 may be obligated

2 for procurement of Trident II (D–5) missiles; and

3 (2) not more than $145,251,000 may be obligated

4 for advance procurement for production of D–5 mis5 siles for a fiscal year after fiscal year 1994.

6 (b) OPTIONS FOR ACHIEVING SLBM WARHEAD LIMI7 TATIONS.—Not later than April 1, 1994, the Secretary of

8 Defense shall submit to Congress a report on options avail9 able for achieving the limitations on submarine-launched

10 ballistic missile (SLBM) warheads imposed by the START

11 II treaty at significantly reduced costs from the costs

12 planned during fiscal year 1994. The report shall include

13 an examination of the implications for those options of fur14 ther reductions in the number of such warheads under fur15 ther strategic arms reduction treaties.

16 (c) LIMITATION ON FY94 PRODUCTION AND ADVANCE

17 PROCUREMENT.—None of the funds appropriated for the

18 Navy referred to in subsection (a) may be obligated for pro19 duction or advance procurement of Trident II (D–5) mis20 siles until the later of (1) the date on which the President’s

21 budget for fiscal year 1995 is submitted to Congress pursu22 ant to section 1105 of title 31, United States Code, or (2)

23 the date on which the report required by subsection (b) is

24 received by Congress.
33

HR 2401 RH

1 SEC. 154. PROHIBITION ON RETROFITTING TRIDENT I SUB2 MARINES TO CARRY TRIDENT II (D–5) MIS3 SILES.

4 The Secretary of the Navy may not modify any Tri5 dent I submarine to enable that submarine to be deployed

6 with Trident II (D–5) missiles.

7 Subtitle F—Other Matters

8 SEC. 171. CHEMICAL MUNITIONS DISPOSAL FACILITIES,

9 TOOELE ARMY DEPOT, UTAH.

10 (a) LIMITATION PENDING CERTIFICATION.—After

11 January 1, 1994, none of the funds appropriated to the De12 partment of Defense for fiscal year 1993 or 1994 may be

13 obligated for the systemization of chemical munitions dis14 posal facilities at Tooele Army Depot, Utah, until the Sec15 retary of Defense submits to Congress a certification de16 scribed in subsection (b).

17 (b) CERTIFICATION REQUIREMENT.—A certification

18 referred to in subsection (a) is a certification submitted by

19 the Secretary of Defense to Congress that—

20 (1) the recommendations for the realignment of

21 Tooele Army Depot contained in the recommendations

22 of the Defense Base Closure and Realignment Com23 mission approved by the President on July 6, 1993,

24 will not jeopardize the health, safety, or welfare of the

25 community surrounding Tooele Army Depot; and
34

HR 2401 RH

1 (2) adequate base support, management, over2 sight, and security personnel to ensure the public safe3 ty in the operation of chemical munitions disposal fa4 cilities constructed and operated at Tooele Army

5 Depot will remain at that depot after the completion

6 of the realignment of that depot in accordance with

7 those recommendations.

8 (c) SUPPORTING REPORT.—The Secretary of Defense

9 shall include with a certification under this section a report

10 specifying by job title and category all base support, man11 agement, oversight, and security personnel to be retained

12 at Tooele Army Depot after the realignment of that depot

13 is completed in accordance with the recommendations of the

14 Defense Base Closure and Realignment Commission re15 ferred to in subsection (b)(1).

16 (d) EXCEPTION.—Subsection (a) shall not apply if the

17 recommendations of the Defense Base Closure and Realign18 ment Commission approved by the President on July 6,

19 1993, are disapproved by law enacted in accordance with

20 section 2904(b) of the Defense Base Closure and Realign21 ment Act of 1990 (part A of title XXIX of Public Law 101–

22 510; 10 U.S.C. 2687 note).

23 SEC. 172. AUTHORITY TO CONVEY LOS ALAMOS DRY DOCK.

24 (a) AUTHORITY.—The Secretary of the Navy may con25 vey to the Brownsville Navigation District of Brownsville,
35

HR 2401 RH

1 Texas, all right, title, and interest of the United States in

2 and to the dry dock designated as Los Alamos (AFDB7).

3 (b) CONSIDERATION.—As consideration for the convey4 ance under subsection (a), the Brownsville Navigation Dis5 trict shall permit the Secretary of the Navy—

6 (1) to use real property which is (A) located on

7 and near a ship channel, (B) under the ownership or

8 control of the Brownsville Navigation District, and

9 (C) not used by the Brownsville Navigation District,

10 except that such use shall be only for training pur11 poses and shall be permitted for a five-year period be12 ginning on the date of the transfer;

13 (2) to use such property under paragraph (1)

14 without reimbursement from the Secretary of the

15 Navy; and

16 (3) to use the dock for dockage services, without

17 reimbursement from the Secretary of the Navy, except

18 that such use shall be for not more than 45 days each

19 year during the period referred to in paragraph (1)

20 and shall be subject to all applicable Federal and

21 State laws, including laws on maintenance and

22 dredging.

23 (c) EXTENSION OF USE.—At the end of the five-year

24 period referred to in subsection (b)(1), the Secretary of the

25 Navy and the chief executive officer of the Brownsville Navi-
36

HR 2401 RH

1 gation District may enter into an agreement to extend the

2 period during which the Secretary may use real property

3 and dockage under subsection (b).

4 (d) CONDITION.—As a condition of the conveyance au5 thorized by subsection (a), the Secretary shall enter into an

6 agreement with the Brownsville Navigation District under

7 which the Brownsville Navigation District agrees to hold

8 the United States harmless for any claim arising with re9 spect to the drydock after the conveyance of the drydock

10 other than as a result of use of the dock by the Navy pursu11 ant to subsection (b) or an agreement under subsection (c).

12 SEC. 173. SALES AUTHORITY OF CERTAIN WORKING-CAP13 ITAL FUNDED INDUSTRIAL FACILITIES OF

14 THE ARMY.

15 (a) IN GENERAL.—(1) Chapter 433 of title 10, United

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

17 new section:

18 ‘‘§ 4543. Army industrial facilities: sales of manufac19 tured articles or services outside Depart20 ment of Defense

21 ‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—Regula22 tions under section 2208(h) of this title shall authorize a

23 working-capital funded Army industrial facility (including

24 a Department of the Army arsenal) that manufactures large

25 caliber cannons, gun mounts, recoil mechanisms, ammuni-
37

HR 2401 RH

1 tion, munitions, or components thereof to sell manufactured

2 nondefense-related commercial articles or services to a per3 son outside the Department of Defense if—

4 ‘‘(1) in the case of an article, the article is sold

5 to a United States manufacturer, assembler, devel6 oper, or other concern—

7 ‘‘(A) for use in developing new products;

8 ‘‘(B) for incorporation into items to be sold

9 to, or to be used in a contract with, an agency

10 of the United States;

11 ‘‘(C) for incorporation into items to be sold

12 to, or to be used in a contract with, or to be used

13 for purposes of soliciting a contract with, a

14 friendly foreign government; or

15 ‘‘(D) for use in commercial products;

16 ‘‘(2) in the case of an article, the purchaser is

17 determined by the Department of Defense to be quali18 fied to carry out the proposed work involving the arti19 cle to be purchased;

20 ‘‘(3) the sale is to be made on a basis that does

21 not interfere with performance of work by the facility

22 for the Department of Defense or for a contractor of

23 the Department of Defense; and

24 ‘‘(4) in the case of services, the services are relat25 ed to an article authorized to be sold under this sec-
38

HR 2401 RH

1 tion and are to be performed in the United States for

2 the purchaser.

3 ‘‘(b) ADDITIONAL REQUIREMENTS.—The regulations

4 shall also—

5 ‘‘(1) require that the authority to sell articles or

6 services under the regulations be exercised at the level

7 of the commander of the major subordinate command

8 of the Army with responsibility over the facility con9 cerned;

10 ‘‘(2) authorize a purchaser of articles or services

11 to use advance incremental funding to pay for the ar12 ticles or services; and

13 ‘‘(3) in the case of a sale of commercial articles

14 or commercial services in accordance with subsection

15 (a) by a facility that manufactures large caliber can16 nons, gun mounts, or recoil mechanisms, or compo17 nents thereof, authorize such facility—

18 ‘‘(A) to charge the buyer, at a minimum,

19 the variable costs that are associated with the

20 commercial articles or commercial services sold;

21 ‘‘(B) to enter into a firm, fixed-price con22 tract or, if agreed by the buyer, a cost reimburse23 ment contract for the sale; and

24 ‘‘(C) to develop and maintain (from sources

25 other than appropriated funds) working capital
39

HR 2401 RH

1 to be available for paying design costs, planning

2 costs, procurement costs, and other costs associ3 ated with the commercial articles or commercial

4 services sold.

5 ‘‘(c) RELATIONSHIP TO ARMS EXPORT CONTROL

6 ACT.—Nothing in this section shall be construed to affect

7 the application of the export controls provided for in section

8 38 of the Arms Export Control Act (22 U.S.C. 2778) to

9 items which incorporate or are produced through the use

10 of an article sold under this section.

11 ‘‘(d) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘commercial article’ means an ar13 ticle that is usable for a nondefense purpose.

14 ‘‘(2) The term ‘commercial service’ means a serv15 ice that is usable for a nondefense purpose.

16 ‘‘(3) The term ‘advance incremental funding’,

17 with respect to a sale of articles or services, means a

18 series of partial payments for the articles or services

19 that includes—

20 ‘‘(A) one or more partial payments before

21 the commencement of work or the incurring of

22 costs in connection with the production of the ar23 ticles or the performance of the services, as the

24 case may be; and
40

HR 2401 RH

1 ‘‘(B) subsequent progress payments that re2 sult in full payment being completed as the re3 quired work is being completed.

4 ‘‘(4) 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 sales

7 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 the

12 services sold.’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by adding at the end the following new item:

‘‘4543. Army industrial facilities: sales of manufactured articles or services outside

Department of Defense.’’.

15 (b) CONFORMING AMENDMENT.—Subsection (i) of sec16 tion 2208 of such title is amended to read as follows:

17 ‘‘(i) For provisions relating to sales outside the De18 partment of Defense of manufactured articles and services

19 by a working-capital funded Army industrial facility (in20 cluding a Department of the Army arsenal) that manufac21 tures large caliber cannons, gun mounts, recoil mechanisms,

22 ammunition, munitions, or components thereof, see section

23 4543 of this title.’’.
41

HR 2401 RH

1 (c) DEADLINE FOR REGULATIONS.—Regulations under

2 subsection (b) of section 4543 of title 10, United States

3 Code, as added by subsection (a), shall be prescribed not

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

5 Act.

6 TITLE II—RESEARCH, DEVELOP7 MENT, TEST, AND EVALUA8 TION

9 Subtitle A—Authorizations

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

11 Funds are hereby authorized to be appropriated for fis12 cal year 1994 for the use of the Department of Defense for

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

14 (1) For the Army, $5,417,141,000.

15 (2) For the Navy, $8,736,970,000.

16 (3) For the Air Force, $13,446,635,000.

17 (4) For Defense-wide activities, $10,284,652,000,

18 of which—

19 (A) $232,592,000 is authorized for the ac20 tivities of the Director, Test and Evaluation; and

21 (B) $12,650,000 is authorized for the Direc22 tor of Operational Test and Evaluation.

23 SEC. 202. MANUFACTURING TECHNOLOGY DEVELOPMENT.

24 (a) FISCAL YEAR 1994.—Of the amounts authorized

25 to be appropriated by section 201, $315,000,000 shall be
42

HR 2401 RH

1 available for, and may be obligated only for, manufacturing

2 technology development as follows:

3 (1) For the Army: $50,000,000.

4 (2) For the Navy, $120,000,000.

5 (3) For the Air Force, $110,000,000.

6 (4) For the Defense Logistics Agency,

7 $35,000,000, of which $15,000,000 is available only

8 for the establishment of a pilot program for the

9 metalcasting industry.

10 (b) INDUSTRIAL MODERNIZATION IMPROVEMENT PRO11 GRAM.—The Secretary shall reestablish the Industrial Mod12 ernization Improvement Program (IMIP) of the Depart13 ment of Defense carried out through the Manufacturing

14 Technology programs and shall provide sufficient funding

15 for that program for fiscal year 1994 from funds referred

16 to in subsection (a).

17 (c) WORKER SKILLS.—Manufacturing technology de18 velopment programs conducted by or for the Department

19 of Defense, including those programs for which funds are

20 made available pursuant to subsection (a), shall include a

21 focus on production technologies designed to build on and

22 expand existing worker skills and experience in manufac23 turing production.
43

HR 2401 RH

1 Subtitle B—Program Requirements,

2 Restrictions, and Limitations

3 SEC. 211. DEMONSTRATION PROGRAM FOR BALLISTIC MIS4 SILE POST-LAUNCH DESTRUCT MECHANISM.

5 (a) DEMONSTRATION PROGRAM.—The Secretary of De6 fense shall conduct a demonstration program to develop and

7 test a ballistic missile post-launch destruct mechanism. The

8 program shall be carried out through the Advanced Re9 search Projects Agency.

10 (b) FUNDING.—The amount expended for the dem11 onstration program may not exceed $15,000,000. Subject to

12 the provisions of appropriations Acts, the Secretary may

13 provide $5,000,000 for the program from unexpended bal14 ances remaining available for obligation from funds appro15 priated to the Department of Defense for fiscal year 1993.

16 SEC. 212. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE

17 PROGRAMS.

18 (a) AUTHORIZATION.—Of the funds appropriated pur19 suant to section 201 for Defense-wide activities,

20 $288,518,000 shall be available for airborne reconnaissance

21 programs.

22 (b) LIMITATION.—None of the funds referred to in sub23 section (a) or funds appropriated for fiscal year 1994 for

24 the Navy for research, development, test, and evaluation

25 may be obligated for Navy EP–3 aircraft modifications.
44

HR 2401 RH

1 SEC. 213. FEDERALLY FUNDED RESEARCH AND DEVELOP2 MENT CENTERS.

3 (a) LIMITATION.—During each of fiscal year 1994 and

4 fiscal year 1995, the Secretary of Defense may not obligate

5 funds for expenditure at a federally funded research and

6 development center described in subsection (b) in excess of

7 90 percent of the amount obligated by the Secretary for ex8 penditure at that center during fiscal year 1993.

9 (b) COVERED ENTITIES.—Subsection (a) applies with

10 respect to any federally funded research and development

11 center (other than a center that performs applied scientific

12 research under laboratory conditions) that during fiscal

13 years 1991 through 1993 had average annual expenditures

14 of funds derived from the Department of Defense in excess

15 of $25,000,000.

16 SEC. 214. HIGH PERFORMANCE COMPUTER MODERNIZA17 TION PROGRAM.

18 Funds made available for fiscal year 1994 for the De19 partment of Defense High Performance Computer (HPC)

20 Modernization Program for Department of Defense research

21 centers and laboratories may be used only for—

22 (1) the execution of upgrade options under an

23 existing contract for installed supercomputer facilities

24 that have not kept technically current; or

25 (2) the conduct of competitive procurement for

26 supercomputers that are architecturally stable and
45

HR 2401 RH

1 production compatible and that can be successfully

2 demonstrated using statistically valid samples of the

3 current workloads of the research centers and labora4 tories that will be using the supercomputers without

5 substantive reprogramming or program conversion.

6 SEC. 215. HIGH PERFORMANCE COMPUTING AND COMMU7 NICATION INITIATIVE.

8 (a) INDEPENDENT STUDY.—The Secretary of Defense

9 shall request the National Research Council (NRC) of the

10 National Academy of Sciences to conduct a comprehensive

11 study of the inter-agency High Performance Computing

12 and Communications Initiative (HPCCI), with emphasis

13 on the elements of the program supported by the Depart14 ment of Defense and the relationship of those elements to

15 other elements of the program.

16 (b) MATTERS TO BE INCLUDED.—The study shall ad17 dress (at a minimum) the following aspects of the High Per18 formance Computing and Communications Initiative:

19 (1) The basic underlying rationale for the initia20 tive.

21 (2) The appropriateness of the goals and direc22 tions of the initiative.

23 (3) The balance between various elements of the

24 initiative.
46

HR 2401 RH

1 (4) The likelihood that the various goals of the

2 initiative will be achieved.

3 (5) The management and coordination of the

4 initiative.

5 (c) COOPERATION WITH STUDY.—The Secretary of De6 fense shall direct all relevant defense agencies to cooperate

7 fully with the National Research Council in all aspects of

8 this study, and shall request similar cooperation from the

9 heads of all other appropriate Federal agencies.

10 (d) FUNDING.—The sum of $800,000 shall be made

11 available from the Department’s High Performance Com12 puting and Communications Program to provide funds for

13 the National Research Council to conduct the study under

14 subsection (a).

15 (e) REPORT.—A report on the results of the study

16 under subsection (a) shall be submitted to the Secretary of

17 Defense not later than July 1, 1995. The Secretary shall

18 promptly submit the report of the study to the Committees

19 on Armed Services of the Senate and House of Representa20 tives. The report shall be submitted to the committees in

21 unclassified form with classified annexes as necessary.

22 SEC. 216. SUPERCONDUCTING MAGNETIC ENERGY STOR23 AGE (SMES) PROGRAM.

24 (a) PROGRAM OFFICE.—The Secretary of Defense shall

25 establish within the Department of the Navy a program of-
47

HR 2401 RH

1 fice to facilitate research and design studies leading to pos2 sible construction of Superconducting Magnetic Energy

3 Storage (SMES) test models.

4 (b) SCIENCE ADVISORY GROUP.—(1) The Secretary of

5 Defense shall establish an advisory committee in the De6 partment of Defense for Superconducting Magnetic Energy

7 Storage activities. The advisory committee shall be estab8 lished as a science advisory group and shall be independent

9 of the Department of the Navy.

10 (2) The membership of the advisory committee shall

11 include representatives from the President’s Office of

12 Science and Technology Policy, the Department of Defense,

13 the Department of Energy, the Environmental Protection

14 Agency, the Army Corps of Engineers, and private indus15 try.

16 (3) The advisory committee shall conduct a review

17 every two years of the progress of the Department of Defense

18 program for Superconducting Magnetic Energy Storage de19 velopment. The advisory committee shall submit a report

20 on each such review to the Secretary as directed by the Sec21 retary. Such report shall include the advisory committee’s

22 recommendations for outyear program options and funding.

23 The Secretary shall transmit each such report to Congress.

24 (4) The advisory committee shall continue in existence

25 until terminated by law.
48

HR 2401 RH

1 (c) FUNDING.—Immediately upon enactment of this

2 Act, the Secretary of Defense shall transfer from the Defense

3 Nuclear Agency to the Department of the Navy any funds

4 appropriated for fiscal years before fiscal year 1994 that

5 were designated for the Superconducting Magnetic Energy

6 Storage Project that remain available for obligation. Those

7 funds shall be obligated for (1) continued experimental work

8 (as defined in section 218(b)(4) of the National Defense Au9 thorization Act of 1993 (Public Law 102–484; 106 Stat.

10 2353)), (2) operation of the advisory group, and (3) study

11 of alternative SMES designs.

12 (d) DEADLINE.—The office referred to in subsection (a)

13 shall be created and staffed not later than 30 days after

14 the date of the enactment of this Act.

15 SEC. 217. SINGLE STAGE ROCKET TECHNOLOGY.

16 (a) PROGRAM FUNDING.—The Secretary of Defense

17 shall establish a Single Stage Rocket Technology program

18 and shall provide funds for that program within funds

19 available for the Advanced Research Projects Agency. That

20 program shall be managed within the Office of the Under

21 Secretary of Defense for Acquisition.

22 (b) FUNDING.—Of the amount appropriated pursuant

23 to section 201 for Defense-wide activities, $79,880,000 shall

24 be available for, and may be obligated only for, Single Stage

25 Rocket Technology.
49

HR 2401 RH

1 SEC. 218. ADVANCED ANTI-RADIATION GUIDED MISSILE.

2 Of the funds appropriated for research, development,

3 test, and evaluation for the Department of the Navy for fis4 cal year 1993 that remain available for obligation for Air

5 Systems Advanced Technology Development programs,

6 $10,077,000 shall be obligated and expended only for test7 ing, design, and fabrication of a dual-mode seeker for the

8 Advanced Anti-Radiation Guided Missile using technology

9 that is derived from work done with funding provided

10 through the Small Business Innovative Research (SBIR)

11 program.

12 SEC. 219. DP–2 VECTORED THRUST TECHNOLOGY DEM13 ONSTRATION PROJECT.

14 Of the funds appropriated for research, development,

15 test, and evaluation for the Defense Agencies for fiscal year

16 1993 that remain available for obligation for Tactical Tech17 nology programs within the Advanced Research Projects

18 Agency, $15,000,000 shall be obligated and expended only

19 for testing of the DP–2 Vectored Thrust Technology Dem20 onstration project for Special Operations Forces (SOF) ap21 plications.

22 SEC. 220. ADVANCED SELF PROTECTION JAMMER (ASPJ)

23 PROGRAM.

24 Notwithstanding section 122 of the National Defense

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

26 484; 106 Stat. 2334), the Secretary of Defense may carry
50

HR 2401 RH

1 out material procurement, logistics support, and integra2 tion of existing Advanced Self Protection Jammer systems

3 from Department of Defense inventory into the F–14D air4 craft for testing and evaluation using funds appropriated

5 to the Department of Defense for fiscal year 1993 and prior

6 years.

7 SEC. 221. ELECTRONIC COMBAT SYSTEMS TESTING.

8 (a) DETAILED TEST AND EVALUATION BEFORE INI9 TIAL LOW-RATE PRODUCTION.—The Secretary of Defense

10 shall ensure that any electronic combat system and any

11 command, control, and communications countermeasure

12 system is authorized to proceed into the low-rate initial pro13 duction stage only upon the completion of an appropriate,

14 rigorous, and structured test and evaluation regime. Such

15 a regime shall include testing and evaluation at each of the

16 following types of facilities: computer simulation and mod17 eling facilities, measurement facilities, system integration

18 laboratories, simulated threat hardware-in-the-loop test fa19 cilities, installed system test facilities, and open air ranges.

20 (b) TIMELY TEST AND EVALUATION REQUIRED.—The

21 Secretary shall ensure that test and evaluation of a system

22 as required by subsection (a) is conducted sufficiently early

23 in the development phase to allow (1) a correction-of-defi24 ciency plan to be developed and in place for deficiencies

25 identified by the testing before the system proceeds into low-
51

HR 2401 RH

1 rate initial production; and (2) the deficiencies identified

2 by test and evaluation be corrected before the system leaves

3 low-rate initial production.

4 (c) ANNUAL REPORT ON COMPLIANCE.—The Secretary

5 of Defense shall include in the annual Department of De6 fense Electronic Warfare Plan report a description of com7 pliance with this section during the preceding year. Such

8 a report shall include a description of the test and evalua9 tion process applied to each system, the results of that proc10 ess, and the adequacy of test and evaluation resources to

11 carry out that process.

12 (d) FUNDS USED FOR TESTING.—The costs of the test13 ing necessary to carry out this section with respect to any

14 system shall be paid from funds available for that system.

15 (e) APPLICABILITY.—The provisions of subsections (a)

16 and (b) shall apply to any electronic combat system pro17 gram and any command, control, and communications

18 countermeasure system program that is initiated after the

19 date of the enactment of this Act.

20 SEC. 222. LIMITATION ON DEPARTMENT OF DEFENSE MIS21 SILE LAUNCHES FOR TEST PURPOSES.

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

23 conduct a launch of a missile as part of a test program

24 in any case in which an anticipated result of the launch

25 would be the release of debris in an area over land of the
52

HR 2401 RH

1 United States outside a designated Department of Defense

2 test range.

3 (b) DEFINITION OF DEBRIS.—For purposes of sub4 section (a), the term ‘‘debris’’ does not include particulate

5 matter that is regulated for considerations of air quality.

6 SEC. 223. B–1 BOMBER AIRCRAFT PROGRAM.

7 (a) INTERIM NEAR PRECISE MUNITIONS AND

8 TARGETING PROGRAM.—The Secretary of the Air Force

9 shall initiate a program for the development and produc10 tion of a Global Positioning System-aided relative targeting

11 (GATS) system and Global Positioning System-aided mu12 nitions (GAM) for 10 B–1 bomber aircraft. It shall be the

13 goal of the program to achieve an interim near precise

14 weapons capability on 10 B–1 aircraft by 1996.

15 (b) DEFENSIVE AVIONICS UPGRADE PROGRAM.—The

16 Secretary of the Air Force shall continue efforts associated

17 with upgrades to the defensive avionics system of the B–

18 1B aircraft, including studies, analyses, and tests required

19 for a risk reduction program for a minimum of three, and

20 up to four, defensive avionics participants.

21 (c) AMOUNT FOR PROGRAM.—Of the amount author22 ized to be appropriated pursuant to section 201 for the Air

23 Force for fiscal year 1994, $180,543,000 shall be available

24 for the B–1B aircraft program, of which—
53

HR 2401 RH

1 (1) $57,000,000 shall be made available for de2 velopment and integration of a GPS-aided relative

3 targeting system and development of GPS-aided mu4 nitions as provided in subsection (a); and

5 (2) $37,200,000 shall be made available for up6 grades to the B–1 defensive avionics system as pro7 vided in subsection (b).

8 Subtitle C—Missile Defense

9 Programs

10 SEC. 231. FUNDING FOR FISCAL YEAR 1994.

11 Of the amounts appropriated pursuant to section 201

12 or otherwise made available to the Department of Defense

13 for research, development, test, and evaluation for fiscal

14 year 1994, not more than a total of $2,617,448,000 may

15 be obligated for ballistic missile defense. None of such

16 amount is available for the Brilliant Pebbles program.

17 SEC. 232. REPORT ON ALLOCATION OF FUNDS.

18 When the President’s budget for fiscal year 1995 is sub19 mitted to Congress pursuant to section 1105 of title 31,

20 United States Code, the Secretary of Defense shall submit

21 to the congressional defense committees a report—

22 (1) setting forth the allocation by the Secretary

23 of funds appropriated for ballistic missile defense for

24 fiscal year 1994, and the proposed allocation of funds

25 for ballistic missile defense for fiscal year 1995, shown
54

HR 2401 RH

1 for Theater Missile Defense, Limited Defense System,

2 Other Follow-On Systems, Research and Support,

3 and the Small Business Innovation Research and

4 Small Business Technology Transfer programs of the

5 Small Business Administration, for each program,

6 project, and activity; and

7 (2) describing an updated master plan for the

8 Theater Missile Defense Initiative that includes (A) a

9 detailed consideration of plans for theater and tac10 tical missile defense doctrine, training, tactics, and

11 force structure, and (B) a detailed acquisition strat12 egy which includes a consideration of acquisition and

13 life-cycle costs through the year 2006 for the pro14 grams, projects, and activities associated with the

15 Theater Missile Defense Initiative.

16 SEC. 233. TRANSFER AUTHORITIES FOR BALLISTIC MISSILE

17 DEFENSE.

18 (a) IN GENERAL.—After the submission of the report

19 required under section 232, the Secretary of Defense may

20 transfer funds among the ballistic missile defense program

21 elements named in section 232 of this Act.

22 (b) LIMITATION.—The total amount that may be

23 transferred to or from any program element named in sec24 tion 232—
55

HR 2401 RH

1 (1) may not exceed 10 percent of the amount

2 provided in the report for the program element from

3 which the transfer is made; and

4 (2) may not result in an increase of more than

5 10 percent of the amount provided in the report for

6 the program element to which the transfer is made.

7 (c) RESTRICTION.—Transfer authority under sub8 section (a) may not be used for a decrease in funds identi9 fied in section 231(a) for the Theater Missile Defense Initia10 tive.

11 (d) MERGER AND AVAILABILITY.—Amounts trans12 ferred pursuant to subsection (a) shall be merged with and

13 be available for the same purposes as the amounts to which

14 transferred.

15 SEC. 234. REVISIONS TO MISSILE DEFENSE ACT OF 1991.

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

17 Public Law 102–190; 10 U.S.C. 2431 note) is amended as

18 follows:

19 (1) Section 232(a) is amended—

20 (A) in paragraph (1), by striking out

21 ‘‘while deploying’’ and inserting in lieu thereof

22 ‘‘while developing the option to deploy’’; and

23 (B) in paragraph (3), by inserting ‘‘, as ap24 propriate,’’ before ‘‘to friends and allies of the

25 United States’’.
56

HR 2401 RH

1 (2) Section 232(b) is amended—

2 (A) in paragraphs (1) and (2), by striking

3 out ‘‘the Soviet Union’’ and inserting in lieu

4 thereof ‘‘Russia’’; and

5 (B) in paragraph (2), by striking out

6 ‘‘Treaty, to include the down-loading of multiple

7 warhead ballistic missiles’’ and inserting in lieu

8 thereof ‘‘Treaties, to include the down-loading of

9 multiple warhead ballistic missiles, as appro10 priate’’.

11 (3) Section 233(b) is amended—

12 (A) in paragraph (1), by inserting ‘‘in com13 pliance with the ABM Treaty’’ after ‘‘for deploy14 ment’’;

15 (B) by striking out paragraph (2) and in16 serting in lieu thereof the following:

17 ‘‘(2) INITIAL ABM DEPLOYMENT.—The Secretary

18 shall develop, at an appropriate pace, a cost-effective,

19 operationally effective, and ABM Treaty-compliant

20 anti-ballistic missile system for potential deployment

21 at a single site. The Secretary shall ensure that com22 ponents of such system are themselves in compliance

23 with the ABM Treaty.’’; and

24 (C) by striking out paragraph (3).
57

HR 2401 RH

1 (4) Subsection (c) of section 233 is amended to

2 read as follows:

3 ‘‘(c) PRESIDENTIAL ACTIONS.—Congress urges the

4 President to pursue immediate discussions with Russia on

5 the feasibility and mutual interest of amendments to the

6 ABM Treaty to permit clarification of the distinctions for

7 the purposes of the ABM Treaty between theater missile de8 fenses and anti-ballistic missile defenses, including inter9 ceptors and radars.’’.

10 (5) Section 234 is amended to read as follows:

11 ‘‘SEC. 234. MANAGEMENT RESPONSIBILITY FOR RESEARCH

12 AND DEVELOPMENT OF FAR-TERM FOLLOW13 ON TECHNOLOGIES.

14 ‘‘(a) MANAGEMENT RESPONSIBILITY.—The Secretary

15 of Defense shall provide that management and budget re16 sponsibility for research and development of any far-term

17 follow-on technology relating to ballistic missile defense

18 shall be provided through the Advanced Research Projects

19 Agency or the appropriate military department.

20 ‘‘(b) WAIVER AUTHORITY.—The Secretary may waive

21 the provisions of subsection (a) in the case of a particular

22 far-term follow-on technology that on December 5, 1991,

23 was under the Strategic Defense Initiative Organization

24 and provide that management and budget responsibility for

25 research and development of that technology shall be pro-
58

HR 2401 RH

1 vided through the Ballistic Missile Defense Organization if

2 the Secretary determines, and certifies to the congressional

3 defense committees, that providing management and budget

4 responsibility for research and development of that tech5 nology as provided in subsection (a) would not be in the

6 national security interests of the United States.

7 ‘‘(c) DEFINITION.—For purposes of this section, the

8 term ‘far-term follow-on technology’ means a technology

9 that is not likely to be incorporated into a weapon system

10 before 2008.’’.

11 (6) Section 235 is amended—

12 (A) by striking out ‘‘Strategic Defense Ini13 tiative’’ in subsections (a) and (b) and inserting

14 in lieu thereof ‘‘Ballistic Missile Defense pro15 gram’’; and

16 (B) by striking out the section heading and

17 inserting in lieu thereof the following:

18 ‘‘SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE

19 DEFENSE PROGRAM.’’.

20 (7) Section 236(c) is amended by striking out

21 ‘‘Strategic Defense Initiative Organization’’ and in22 serting in lieu thereof ‘‘Ballistic Missile Defense Orga23 nization’’.

24 (8) Section 238 is amended—
59

HR 2401 RH

1 (A) by striking out ‘‘As deployment’’ and

2 inserting in lieu thereof ‘‘As time for a decision

3 concerning exercising the option for deploy4 ment’’; and

5 (B) by striking out ‘‘to the deployment

6 date’’.

7 SEC. 235. PATRIOT ADVANCED CAPABILITY–3 THEATER MIS8 SILE DEFENSE SYSTEM.

9 (a) COMPETITION FOR MISSILE SELECTION.—The Sec10 retary of Defense shall continue the strategy being carried

11 out by the Ballistic Missile Defense Organization as of July

12 1, 1993, for selection of the best technology (in terms of cost,

13 schedule, risk, and performance) to meet the missile require14 ments for the Patriot Advanced Capability-3 (PAC-3) thea15 ter missile defense system. That strategy, consisting of flight

16 testing, ground testing, simulations, and other analyses of

17 the two competing missiles (the Patriot Multimode Missile

18 and the Extended Range Interceptor (ERINT) missile),

19 shall be continued until the Secretary determines that the

20 Ballistic Missile Defense Organization has adequate infor21 mation upon which to base a decision as to which missile

22 will be selected to proceed into the Engineering and Manu23 facturing Development stage.
60

HR 2401 RH

1 (b) FUNDS FOR DEMONSTRATION AND VALIDATION.—

2 Of the funds authorized to be appropriated by section 201

3 for the Ballistic Missile Defense Organization—

4 (1) not less than $44,100,000 shall be available

5 for demonstration and validation purposes for the Pa6 triot Multimode Missile program;

7 (2) not less than $55,900,000 shall be available

8 for demonstration and validation purposes for the Ex9 tended Range Interceptor program; and

10 (3) not less than $52,700,000 shall be available

11 for demonstration and validation and for the Engi12 neering and Manufacturing Development stage for the

13 system selected and for appropriate risk mitigation

14 activities.

15 (c) IMPLICATIONS OF DELAY.—If there is a delay

16 (based upon the schedule in effect in mid-1993) in the selec17 tion described in subsection (a) of the missile for the Patriot

18 Advanced Capability–3 system, the Secretary of Defense

19 shall ensure that demonstration and validation of both com20 peting systems can continue as needed to support an in21 formed decision for such selection.
61

HR 2401 RH

1 SEC. 236. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC

2 MISSILE SYSTEMS OR COMPONENTS TO BE

3 CARRIED OUT IN ACCORDANCE WITH TRADI4 TIONAL INTERPRETATION OF ANTI-BALLIS5 TIC MISSILE TREATY.

6 (a) LIMITATION.—Funds appropriated to the Depart7 ment of Defense for fiscal year 1994, or otherwise made

8 available to the Department of Defense from any funds ap9 propriated for fiscal year 1994 or for any fiscal year before

10 1994, may not be obligated or expended—

11 (1) for any development or testing of anti-ballis12 tic missile systems or components except for develop13 ment and testing consistent with the interpretation of

14 the 1972 ABM Treaty set forth in the enclosure to the

15 July 13, 1993, ACDA letter; or

16 (2) for the acquisition of any material or equip17 ment (including any long lead materials, components,

18 piece parts, test equipment, or any modified space

19 launch vehicle) required or to be used for the develop20 ment or testing of anti-ballistic missile systems or

21 components, except for material or equipment re22 quired for development or testing consistent with the

23 interpretation of the 1972 ABM Treaty set forth in

24 the enclosure to the July 13, 1993, ACDA letter.

25 (b) EXCEPTION.—The limitation under subsection (a)

26 shall not apply to funds transferred to or for the use of the
62

HR 2401 RH

1 Ballistic Missile Defense Organization for fiscal year 1994

2 if the transfer is made in accordance with section 1001 of

3 this Act.

4 (c) DEFINITION.—In this section, the term ‘‘July 13,

5 1993, ACDA letter’’ means the letter dated July 13, 1993,

6 from the Acting Director of the Arms Control and Disar7 mament Agency to the chairman of the Committee on For8 eign Relations of the Senate relating to the correct interpre9 tation of the 1972 ABM Treaty and accompanied by an

10 enclosure setting forth such interpretation.

11 SEC. 237. THEATER MISSILE DEFENSE ROAD MAP.

12 (a) INTEGRATION AND COMPATIBILITY.—In carrying

13 out the Theater Missile Defense Initiative, the Secretary of

14 Defense shall—

15 (1) seek to maximize the use of existing systems

16 and technologies; and

17 (2) seek to promote joint use by the military de18 partments of existing and future ballistic missile de19 fense equipment (rather than each military depart20 ment developing its own systems that would largely

21 overlap in their capabilities).

22 The Secretaries of the military departments shall seek the

23 maximum integration and compatibility of their ballistic

24 missile defense systems as well as of the respective roles and

25 missions of those systems.
63

HR 2401 RH

1 (b) TMD ANALYSIS.—The Secretary of Defense shall

2 submit to Congress a report containing a thorough and

3 complete analysis of the future of theater missile defense

4 programs. The analysis shall include the following:

5 (1) A description of the mission and scope of

6 Theater Missile Defense.

7 (2) A description of the role of each of the Armed

8 Forces in Theater Missile Defense.

9 (3) A description of how those roles interact and

10 complement each other.

11 (4) An evaluation of the cost and relative effec12 tiveness of each interceptor and sensor under develop13 ment as part of a Theater Missile Defense system by

14 the Ballistic Missile Defense Organization.

15 (5) An analysis and comparison of the projected

16 life-cycle costs of each Theater Missile Defense system

17 intended for production (shown separately for re18 search, development, test, and evaluation, for procure19 ment, for operation and maintenance, and for person20 nel costs for each element).

21 (6) Specification of the baseline production rate

22 for each year of the program through completion of

23 procurement.

24 (7) Estimation of the unit cost and capabilities

25 of each element.
64

HR 2401 RH

1 (c) DESCRIPTION OF TESTING PROGRAM.—The Sec2 retary of Defense shall include in the report under sub3 section (b) a description of the current and projected testing

4 program for theater missile defense systems and major com5 ponents. The report shall include an evaluation of the ade6 quacy of the testing program to simulate conditions similar

7 to those the systems and components would actually be ex8 pected to encounter if and when deployed (such as the abil9 ity to track and engage multiple targets with multiple

10 interceptors, to discriminate targets from decoys and other

11 incoming objects, and to be employed in a shoot-look-shoot

12 firing mode).

13 (d) RELATIONSHIP TO ARMS CONTROL TREATIES.—

14 The Secretary shall include in the report under subsection

15 (b) a statement of how production and deployment of any

16 projected Theater Missile Program will conform to existing

17 Anti-Ballistic Missile Treaty and Intermediate Nuclear

18 Forces Treaty Regimes. The report shall describe any poten19 tial noncompliance with either Regime, when such non20 compliance is expected to occur, and whether provisions

21 need to be renegotiated within that Regime to address future

22 contingencies.

23 (e) SUBMISSION OF REPORT.—The report required by

24 subsection (b) shall be submitted as part of the next annual
65

HR 2401 RH

1 report of the Secretary submitted to Congress under section

2 224 of Public Law 101–189 (10 U.S.C. 2431 note).

3 SEC. 238. ADDITIONAL BMD PROGRAMS.

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

5 amount provided under section 201 for Theater Missile De6 fense, $102,000,000 shall be available to support the aggres7 sive exploration of the Navy Upper Tier concept for Naval

8 Theater Missile Defense, including cost-effective systems and

9 upgrades to existing systems that can be fielded more quick10 ly than new systems.

11 (b) ACCELERATED ADVANCED TECHNOLOGY DEM12 ONSTRATION PROGRAM.—The Secretary of Defense, acting

13 through the Director of the Theater Missile Defense Initia14 tive, shall initiate during fiscal year 1994 an accelerated

15 Advanced Technology Demonstration program to dem16 onstrate the technical feasibility of using the Navy’s Stand17 ard Missile combined with a kickstage rocket motor and

18 Lightweight Exoatmospheric Projectile (LEAP) as a near19 term option for cost-effective wide-area Theater Missile De20 fense.

21 SEC. 239. REPORT ON NATIONAL MISSILE DEFENSE COST.

22 (a) REPORT REQUIRED.—The Secretary of Defense

23 shall submit to Congress a report setting forth a full and

24 thorough estimation of the cost of deploying a National De-
66

HR 2401 RH

1 fense System at Grand Forks, North Dakota. The Secretary

2 shall include in the report—

3 (1) the projected life-cycle costs of each system

4 intended for production as part of such National De5 fense System, including a ground-based radar system,

6 the system known as ‘‘Brilliant Eyes’’, and a ground7 based interceptor system; and

8 (2) with respect to each such system, a separate

9 statement of those costs for (A) research, development,

10 test, and evaluation, (B) procurement, (C) deploy11 ment and launch activities, (D) operation and main12 tenance, and (E) personnel.

13 (b) SUBMISSION.—The report required under sub14 section (a) shall be submitted as part of the next annual

15 report of the Secretary submitted to Congress under section

16 224 of Public Law 101–189 (10 U.S.C. 2431 note).

17 SEC. 240. THEATER MISSILE DEFENSE INTERCEPTOR TEST18 ING.

19 The Secretary of Defense may not approve a theater

20 missile defense interceptor program proceeding into the

21 Low-Rate Initial Production (Milestone III) acquisition

22 stage until the Secretary certifies to the congressional de23 fense committees in writing that the Secretary has con24 ducted more than two realistic live-fire tests, consistent with

25 section 2366 of title 10, United States Code, involving mul-
67

HR 2401 RH

1 tiple interceptors and multiple targets in the presence of

2 realistic countermeasures the results of which demonstrate

3 the achievement by the interceptors of the single-shot prob4 ability-of-kill specified in the system baseline description es5 tablished pursuant to section 2435(a)(1)(A) of title 10,

6 United States Code, before the program entered full-scale

7 engineering development.

8 SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM.

9 (a) ENDORSEMENT OF COOPERATIVE RESEARCH AND

10 DEVELOPMENT.—Congress reiterates its endorsement (pre11 viously stated in section 225(a)(5) of Public Law 101–510

12 (104 Stat. 1515) and section 241(a) of Public Law 102–

13 190 (105 Stat. 1326)) of a continuing program of coopera14 tive research and development, jointly funded by the United

15 States and Israel, on the Arrow Tactical Anti-Missile pro16 gram.

17 (b) PROGRAM GOAL.—The goal of the cooperative pro18 gram is to demonstrate the feasibility and practicality of

19 the Arrow system and to permit the government of Israel

20 to make a decision on its own initiative regarding deploy21 ment of that system without financial participation by the

22 United States beyond the research and development stage.

23 (c) ARROW CONTINUING EXPERIMENTS.—The Sec24 retary of Defense, from amounts appropriated to the De25 partment of Defense pursuant to section 201 for Defense-
68

HR 2401 RH

1 wide activities and available for the Ballistic Missile De2 fense Organization, shall fully fund the United States con3 tribution to the fiscal year 1994 Arrow Continuing Experi4 ments program at the level of $56,400,000.

5 (d) ARROW DEPLOYABILITY INITIATIVE.—(1) Subject

6 to paragraph (2), the Secretary of Defense may obligate

7 from funds appropriated pursuant to section 201 up to

8 $25,000,000 for the purpose of research and development of

9 technologies associated with deploying the Arrow missile in

10 the future (including technologies associated with battle

11 management, lethality, system integration, and test bed sys12 tems).

13 (2) Funds may not be obligated for the purpose stated

14 in paragraph (1) unless the President certifies to Congress

15 that—

16 (A) the United States and the government of Is17 rael have entered into an agreement governing the

18 conduct and funding of research and development

19 projects for the purpose stated in paragraph (1);

20 (B) each project in which the United States will

21 join under that agreement (i) will have a benefit for

22 the United States, and (ii) has not been barred by

23 other congressional direction;
69

HR 2401 RH

1 (C) the Arrow missile has successfully completed

2 a flight test in which it intercepted a target missile

3 under realistic test conditions; and

4 (D) the government of Israel is continuing, in

5 accordance with its previous public commitments, to

6 adhere to export controls pursuant to the Guidelines

7 and Annex of the Missile Technology Control Regime.

8 (e) SENSE OF CONGRESS ON EXPEDITING TEST PRO9 GRAM.—It is the sense of Congress that, in order to expedite

10 the test program for the Arrow missile, the United States

11 should seek to initiate with the government of Israel discus12 sions on the agreement referred to in subsection (d)(2)(A)

13 without waiting for the condition specified in subsection

14 (d)(2)(C) to be met first.

15 SEC. 242. EXTENSION OF PROHIBITION ON TESTING MID-IN16 FRARED ADVANCED CHEMICAL LASER

17 AGAINST AN OBJECT IN SPACE.

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

19 the Mid-Infrared Advanced Chemical Laser (MIRACL)

20 transmitter and associated optics against an object in space

21 during 1994 unless such testing is specifically authorized

22 by law.
70

HR 2401 RH

1 SEC. 243. TECHNICAL AMENDMENTS TO REFLECT REDESIG2 NATION OF STRATEGIC DEFENSE INITIATIVE

3 ORGANIZATION.

4 Section 224 of the National Defense Authorization Act

5 for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is

6 amended—

7 (1) by striking out ‘‘Strategic Defense Initiative’’

8 each place it appears (other than in subsection (b)(5))

9 and inserting in lieu thereof ‘‘Ballistic Missile De10 fense program’’;

11 (2) by striking out ‘‘Strategic Defense Initiative’’

12 in subsection (b)(5) and inserting in lieu thereof

13 ‘‘Ballistic Missile Defense’’;

14 (2) by striking out ‘‘SDI’’ each place it appears

15 and inserting in lieu thereof ‘‘BMD’’; and

16 (3) by striking out the section heading and in17 serting in lieu thereof the following:

18 ‘‘SEC. 224. ANNUAL REPORT ON BALLISTIC MISSILE DE19 FENSE PROGRAM.’’.

20 Subtitle D—Women’s Health

21 Research

22 SEC. 251. DEFENSE WOMEN’S HEALTH RESEARCH CENTER.

23 (a) ESTABLISHMENT OF CENTER.—(1) Chapter 139 of

24 title 10, United States Code, is amended by inserting after

25 section 2358 the following new section:
71

HR 2401 RH

1 ‘‘§ 2359. Defense Women’s Health Research Center

2 ‘‘(a) ESTABLISHMENT OF THE CENTER.—The Sec3 retary of Defense shall establish a Defense Women’s Health

4 Research Center (hereinafter in this section referred to as

5 the ‘Center’) in the Department of the Army. The Center

6 shall be under the authority of the Army Health Services

7 Command.

8 ‘‘(b) PURPOSES.—(1) The Center shall be the coordi9 nating agent for multidisciplinary and multiinstitutional

10 research within the Department of Defense on women’s

11 health issues related to service in the armed forces. The Cen12 ter shall be dedicated to development and application of

13 new knowledge, procedures, techniques, training, and equip14 ment for the improvement of the health of women in the

15 armed forces.

16 ‘‘(2) In carrying out or sponsoring research studies,

17 the Center shall provide that the cohort of women in the

18 armed forces shall be considered as control groups.

19 ‘‘(3) The Center shall support the goals and objectives

20 recognized by the Department of Defense under the plan of

21 the Department of Health and Human Services designated

22 as ‘Healthy People 2000’.

23 ‘‘(4) The Center shall support initiation and expan24 sion of research into matters relating to women’s health in

25 the military, including the following matters as they relate

26 to women in the military:
72

HR 2401 RH

1 ‘‘(A) Combat stress and trauma.

2 ‘‘(B) Exposure to toxins and other environmental

3 hazards associated with military hardware.

4 ‘‘(C) Psychology related stresses in warfare situ5 ations.

6 ‘‘(D) Breast cancer.

7 ‘‘(E) Reproductive health, including pregnancy.

8 ‘‘(F) Gynecological cancers.

9 ‘‘(G) Infertility and sexually transmitted dis10 eases.

11 ‘‘(H) HIV and AIDS.

12 ‘‘(I) Mental health, including post-traumatic

13 stress disorder and depression.

14 ‘‘(J) Menopause, osteoporosis, Alzheimer’s dis15 ease, and other conditions and diseases related to

16 aging.

17 ‘‘(K) Substance abuse.

18 ‘‘(L) Sexual violence and related trauma.

19 ‘‘(M) Human factor studies related to women in

20 combat.

21 ‘‘(c) REQUIREMENTS RELATING TO ESTABLISHMENT

22 OF CENTER.—The Center may be established only at a fa23 cility of the Army in existence on July 1, 1993, having the

24 following characteristics:
73

HR 2401 RH

1 ‘‘(1) A physical plant immediately available to

2 serve as headquarters for the medical activities to be

3 carried out by the Center.

4 ‘‘(2) Ongoing fellowship and residency programs

5 colocated with ongoing collaborative health-related

6 and interdisciplinary research of (A) a facility of the

7 Department of Veterans Affairs, (B) an accredited

8 university with specialties in medical research and

9 clinical diagnostics, and (C) a hospital owned and

10 operated by a municipality.

11 ‘‘(3) A technologically modern laboratory capa12 bility at the site and at the affiliated sites referred to

13 in paragraph (2), with the capability to include

14 state-of-the-art clinical diagnostic instrumentation,

15 data processing, telecommunication, and data storage

16 systems.

17 ‘‘(4) Compatibility with and capability to effec18 tively expand its existing mission in accordance with

19 the mission of the Center under this section.

20 ‘‘(5) Maximum multi-State geographic jurisdic21 tion to permit regional health-related issues to be re22 searched and integrated into national military

23 databases.
74

HR 2401 RH

1 ‘‘(6) An existing relationship for the provision of

2 services to Native Americans through the Indian

3 Health Service.’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section

6 2358 the following new item:

‘‘2359. Defense Women’s Health Research Center.’’.

7 (b) IMPLEMENTATION PLAN.—The Secretary of De8 fense, acting through the Secretary of the Army and in co9 ordination with the other military departments, shall pre10 pare a plan for the implementation of section 2359 of title

11 10, United States Code, as added by subsection (a). The

12 plan shall be submitted to the Committees on Armed Serv13 ices of the Senate and House of Representatives before May

14 1, 1994.

15 (c) ACTIVITIES FOR FISCAL YEAR 1994.—During fis16 cal year 1994, the Center established under section 2359

17 of title 10, United States Code, as added by subsection (a),

18 shall address the following:

19 (1) Program planning, infrastructure develop20 ment, baseline information gathering, technology in21 fusion, and connectivity.

22 (2) Management and technical staffing.

23 (3) Data base development of health issues relat24 ed to service on active duty as compared to service in

25 the National Guard or Reserves.
75

HR 2401 RH

1 (4) Research protocols, cohort development,

2 health surveillance and epidemiologic studies.

3 (d) FUNDING.—Of the funds authorized to be appro4 priated in section 201, $40,000,000 shall be available only

5 for the establishment of the Center and to complete the plan6 ning, staffing, and infrastructure development leading to

7 full operation of the Center by 1995.

8 SEC. 252. CONTINUATION OF ARMY BREAST CANCER RE9 SEARCH PROGRAM.

10 During fiscal year 1994, the Secretary of the Army

11 shall continue the breast cancer research program estab12 lished in the second and third provisos in the paragraph

13 in title IV of the Department of Defense Appropriations

14 Act, 1993 (Public Law 102–396; 106 Stat. 1890) under the

15 heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA16 TION, ARMY’’ .

17 SEC. 253. INCLUSION OF WOMEN AND MINORITIES IN CLINI18 CAL RESEARCH PROJECTS.

19 (a) GENERAL RULE.—In conducting or supporting

20 clinical research, the Secretary of Defense shall ensure

21 that—

22 (1) women who are members of the Armed Forces

23 are included as subjects in each project of such re24 search; and
76

HR 2401 RH

1 (2) members of minority groups who are mem2 bers of the Armed Forces are included as subjects of

3 such research.

4 (b) WAIVER AUTHORITY.—The requirement in sub5 section (a) regarding women and members of minority

6 groups who are members of the Armed Forces may be

7 waived by the Secretary of Defense with respect to a project

8 of clinical research if the Secretary determines that the in9 clusion, as subjects in the project, of women and members

10 of minority groups, respectively—

11 (1) is inappropriate with respect to the health of

12 the subjects;

13 (2) is inappropriate with respect to the purpose

14 of the research; or

15 (3) is inappropriate under such other cir16 cumstances as the Secretary of Defense may designate.

17 (c) REQUIREMENT FOR ANALYSIS OF RESEARCH.—In

18 the case of a project of clinical research in which women

19 or members of minority groups will under subsection (a)

20 be included as subjects of the research, the Secretary of De21 fense shall ensure that the project is designed and carried

22 out so as to provide for a valid analysis of whether the vari23 ables being tested in the research affect women or members

24 of minority groups, as the case may be, differently than

25 other persons who are subjects of the research.
77

HR 2401 RH

1 SEC. 254. REPORT ON RESEARCH RELATING TO FEMALE

2 MEMBERS OF THE UNIFORMED SERVICES

3 AND FEMALE COVERED BENEFICIARIES.

4 Not later than July 1 of each of 1995, 1996, and 1997,

5 the Secretary of Defense shall submit to Congress a report

6 containing—

7 (1) a description (as of May 31 of the year in

8 which the report is submitted) of the status of any

9 health research that is being carried out by or under

10 the jurisdiction of the Secretary relating to female

11 members of the uniformed services and female covered

12 beneficiaries under chapter 55 of title 10, United

13 States Code; and

14 (2) recommendations of the Secretary as to fu15 ture health research (including a proposal for any

16 legislation relating to such research) relating to such

17 female members and covered beneficiaries.

18 Subtitle E—Other Matters

19 SEC. 261. REPEAL OF REQUIREMENT FOR STUDY BY OFFICE

20 OF TECHNOLOGY ASSESSMENT.

21 Section 802(c) of the National Defense Authorization

22 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

23 105 Stat. 1414; 10 U.S.C. 2372 note) is repealed.
78

HR 2401 RH

1 SEC. 262. COMPREHENSIVE INDEPENDENT STUDY OF NA2 TIONAL CRYPTOGRAPHY POLICY.

3 (a) STUDY BY NATIONAL RESEARCH COUNCIL.—Not

4 later than 90 days after the date of the enactment of this

5 Act, the Secretary of Defense shall request the National Re6 search Council of the National Academy of Sciences to con7 duct a comprehensive study of cryptographic technologies

8 and national cryptography policy. The study shall assess

9 the effect of cryptographic technologies on national security

10 interests of the United States Government, on commercial

11 interests of United States industry, and on privacy interests

12 of United States citizens.

13 (b) INTERAGENCY COOPERATION WITH STUDY.—The

14 Secretary of Defense shall direct the National Security

15 Agency, the Advanced Research Projects Agency, and other

16 appropriate agencies of the Department of Defense to co17 operate fully with the National Research Council in its ac18 tivities in carrying out the study under this section. The

19 Secretary shall request all other appropriate Federal de20 partments and agencies to provide similar cooperation to

21 the National Research Council.

22 (c) FUNDING.—Of the amount authorized to be appro23 priated in section 201 for Defense-wide activities, $800,000

24 shall be available for the study under this section.

25 (d) REPORT.—The National Research Council shall

26 complete the study and submit to the Secretary of Defense
79

HR 2401 RH

1 a report on the study within approximately two years after

2 full processing of security clearances under subsection (e).

3 The report on the study shall set forth the Council’s findings

4 and conclusions and the recommendations of the Council

5 for improvements in cryptography policy and procedures.

6 The Secretary shall submit the report to the Committees on

7 Armed Services of the Senate and House of Representatives

8 in unclassified form, with classified annexes as necessary,

9 not later than 120 days after the day on which the report

10 is submitted to the Secretary.

11 (e) EXPEDITED PROCESSING OF SECURITY CLEAR12 ANCES FOR STUDY.—For the purpose of facilitating the

13 commencement of the study under this section, the Secretary

14 of Defense shall expedite to the fullest degree possible the

15 processing of security clearances that are necessary for the

16 National Research Council to conduct the study.

17 SEC. 263. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH

18 AND DEVELOPMENT CATEGORIES.

19 (a) REVIEW REQUIRED.—The Secretary of Defense

20 shall carry out a review of the general content of the re21 search and development categories of the Department of De22 fense designated as 6.3, 6.4, 6.5, and 6.6, including a review

23 of the criteria for assigning programs to those categories.

24 The review shall examine the assignment of current pro25 grams to those categories for the purpose of ensuring that
80

HR 2401 RH

1 those programs are correctly categorized and assigned pro2 gram element numbers in accordance with existing Depart3 ment of Defense policy.

4 (b) RESPONSIBLE OFFICIAL.—The Secretary of De5 fense shall designate an official within the Office of the Sec6 retary of Defense to be responsible for monitoring and peri7 odically reviewing program elements for proper categoriza8 tion to the categories specified in subsection (a).

9 (c) REPORT.—The Secretary shall include with the

10 budget materials for fiscal year 1995 submitted to Congress

11 by the Secretary in support of the President’s budget for

12 that year a report on the implementation of this section.

13 The report (1) shall include a certification (or an expla14 nation of why the Secretary cannot certify) that current

15 research and development programs are correctly cat16 egorized as described in subsection (a), and (2) shall specify

17 the official designated under subsection (b).

18 SEC. 264. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT

19 RESPONSIBILITY FOR NAVY MINE COUNTER20 MEASURES PROGRAM.

21 Section 216 of the National Defense Authorization Act

22 for Fiscal Years 1992 and 1993 (Public Law 102–190; 105

23 Stat. 1317) is amended by striking out ‘‘during fiscal years

24 1994 through 1997’’ in subsection (a) and inserting in lieu

25 therof ‘‘during fiscal years 1995 through 1997’’.
81

HR 2401 RH

1 SEC. 265. STRATEGIC ENVIRONMENTAL RESEARCH AND DE2 VELOPMENT PROGRAM.

3 (a) COMPOSITION OF COUNCIL.—Section 2902(b) of

4 title 10, United States Code, is amended—

5 (1) by striking out ‘‘thirteen members’’ and in6 serting in lieu thereof ‘‘fourteen members’’;

7 (2) in paragraph (1), by striking out ‘‘Assistant

8 Secretary of Defense responsible for matters relating

9 to production and logistics’’ and inserting in lieu

10 thereof ‘‘Deputy Under Secretary of Defense for Envi11 ronmental Security’’;

12 (3) by redesignating paragraphs (9) and (10) as

13 paragraphs (10) and (11), respectively; and

14 (4) by inserting after paragraph (8) the follow15 ing new paragraph (9):

16 ‘‘(9) The Administrator of the National Oceanic

17 and Atmospheric Administration.’’.

18 (b) JOINT PROJECTS.—Section 2902(e)(6) of such title

19 is amended by striking out ‘‘and the Administrator of the

20 Environmental Protection Agency,’’ and inserting ‘‘the Ad21 ministrator of the Environmental Protection Agency, and

22 the Administrator of the National Oceanic and Atmospheric

23 Administration,’’.
82

HR 2401 RH

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 fis7 cal year 1994 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for ex9 penses, not otherwise provided for, for operation and main10 tenance in amounts as follows:

11 (1) For the Army, $16,462,610,000.

12 (2) For the Navy, $20,102,493,000.

13 (3) For the Marine Corps, $1,990,139,000.

14 (4) For the Air Force, $19,788,648,000.

15 (5) For Defense-wide activities, $9,069,428,000.

16 (6) For Medical Programs, Defense,

17 $9,106,685,000.

18 (7) For the Army Reserve, $1,095,590,000.

19 (8) For the Naval Reserve, $775,800,000.

20 (9) For the Marine Corps Reserve, $75,050,000.

21 (10) For the Air Force Reserve, $1,354,578,000.

22 (11) For the Army National Guard,

23 $2,223,255,000.

24 (12) For the Air National Guard,

25 $2,665,233,000.
83

HR 2401 RH

1 (13) For the National Board for the Promotion

2 of Rifle Practice, $2,483,000.

3 (14) For the Defense Inspector General,

4 $169,001,000.

5 (15) For Drug Interdiction and Counter-drug

6 Activities, Defense-wide, $1,109,439,000.

7 (16) For the Court of Military Appeals,

8 $5,610,000.

9 (17) For Environmental Restoration, Defense,

10 $2,309,400,000.

11 (18) For Chemical Agents and Munitions De12 struction, Defense-wide, $308,161,000.

13 SEC. 302. WORKING CAPITAL FUNDS.

14 Funds are hereby authorized to be appropriated for fis15 cal year 1994 for the use of the Armed Forces and other

16 activities and agencies of the Department of Defense for

17 providing capital for working capital and revolving funds

18 in amounts as follows:

19 (1) For the Defense Business Operations Fund,

20 $1,091,095,000.

21 (2) For the National Defense Sealift Fund,

22 $290,800,000.

23 SEC. 303. ARMED FORCES RETIREMENT HOME.

24 There is hereby authorized to be appropriated for fiscal

25 year 1994 from the Armed Forces Retirement Home Trust
84

HR 2401 RH

1 Fund the sum of $61,890,000 for operation of the Armed

2 Forces Retirement Home.

3 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

4 FUND.

5 (a) AUTHORITY TO TRANSFER FUNDS.—From

6 amounts in the National Defense Stockpile Transaction

7 Fund that the Secretary of Defense determines are not need8 ed to meet current and estimated future obligations under

9 the Strategic and Critical Materials Stock Piling Act (50

10 U.S.C. 98a et seq.), as described in the annual materials

11 plan submitted on May 28, 1993, for the five-year period

12 beginning October 1, 1993, the Secretary of Defense may,

13 to the extent provided in appropriations Acts, transfer not

14 more than $500,000,000 from the Fund to appropriations

15 for operation and maintenance for fiscal year 1994 to be

16 used only for the purpose of reducing the backlog of mainte17 nance and repair (BMAR).

18 (b) AVAILABILITY.—Amounts transferred pursuant to

19 subsection (a) shall be available for obligation until ex20 pended and shall be in addition to any other funds avail21 able for the purpose described in such subsection.

22 (c) TREATMENT OF TRANSFER.—Amounts transferred

23 pursuant to this section shall not increase the amount au24 thorized to be appropriated in section 301 for the account

25 to which the amount is transferred.
85

HR 2401 RH

1 Subtitle B—Limitations

2 SEC. 311. NOTIFICATION REQUIREMENT PRIOR TO TRANS3 FER OF CERTAIN FUNDS.

4 The Secretary of Defense may not transfer funds ap5 propriated to operation and maintenance accounts of the

6 Department of Defense for air operations, ship operations,

7 land forces, and combat operations, unless, before the trans8 fer, the Secretary notifies the Congress of the transfer and

9 the reasons for the transfer.

10 SEC. 312. EXTENSION OF LIMITATION ON THE USE OF CER11 TAIN FUNDS FOR PENTAGON RESERVATION.

12 Section 311(a) of the National Defense Authorization

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

14 2364) is amended by striking out ‘‘fiscal year 1993’’ in

15 paragraphs (1) and (3) and inserting in lieu thereof ‘‘fiscal

16 years 1993 and 1994’’.

17 SEC. 313. PROHIBITION ON OPERATION OF THE NAVAL AIR

18 STATION, BERMUDA.

19 (a) PROHIBITION.—No funds available to the Depart20 ment of Defense for operation and maintenance may be

21 used to operate the Naval Air Station, Bermuda.

22 (b) EFFECTIVE DATE.—Subsection (a) shall take effect

23 90 days after the date of the enactment of this Act.
86

HR 2401 RH

1 SEC. 314. LIMITATION ON THE USE OF APPROPRIATED

2 FUNDS FOR DEPARTMENT OF DEFENSE GOLF

3 COURSES.

4 (a) IN GENERAL.—(1) Subchapter I of chapter 134 of

5 title 10, United States Code, is amended by adding at the

6 end the following new section:

7 ‘‘§ 2246. Department of Defense golf courses: limita8 tion on use of appropriated funds

9 ‘‘(a) LIMITATION.—Except as provided in subsection

10 (b), funds appropriated to the Department of Defense may

11 not be used to equip, operate, or maintain a golf course

12 at a facility or installation of the Department of Defense.

13 ‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not apply

14 to a golf course at a facility or installation outside the Unit15 ed States or at a facility or installation inside the United

16 States at a location designated by the Secretary of Defense

17 as a remote and isolated location.

18 ‘‘(2) The Secretary of Defense shall prescribe regula19 tions governing the use of appropriated funds under this

20 subsection.’’.

21 (2) The table of sections at the beginning of such sub22 chapter is amended by adding at the end the following new

23 item:

‘‘2246. Department of Defense golf courses: limitation on use of appropriated

funds.’’.
87

HR 2401 RH

1 SEC. 315. CODIFICATION OF PROHIBITION ON THE USE OF

2 CERTAIN COST COMPARISON STUDIES.

3 (a) IN GENERAL.—Section 2467 of title 10, United

4 States Code, is amended—

5 (1) by redesignating subsections (a) and (b) as

6 subsections (c) and (d), respectively;

7 (2) by inserting before subsection (c), as redesig8 nated by paragraph (1), the following new sub9 sections:

10 ‘‘(a) PROHIBITION.—Except as provided in subsection

11 (b), the Secretary of Defense may not enter into a contract

12 for the performance of a commercial activity in any case

13 in which the contract results from a cost comparison study

14 conducted by the Department of Defense under Office of

15 Management and Budget Circular A-76 (or any successor

16 administrative regulation or policy).

17 ‘‘(b) EXCEPTIONS FOR CERTAIN CONTRACTS.—Sub18 section (a) does not apply to—

19 ‘‘(1) a contract to be carried out at a location

20 outside the United States at which members of the

21 armed forces would have to be used for the perform22 ance of an activity described in subsection (a) at the

23 expense of unit readiness; or

24 ‘‘(2) a contract (or the renewal of a contract) for

25 the performance of an activity under contract on Sep26 tember 30, 1992.’’; and
88

HR 2401 RH

1 (3) in subsection (d)(1), as redesignated by para2 graph (1), by striking out ‘‘Each officer’’ and insert3 ing in lieu thereof ‘‘In any case in which a compari4 son referred to in subsection (c) is conducted, the offi5 cer’’.

6 (b) CONFORMING AMENDMENTS.—(1) The heading of

7 such section is amended to read as follows:

8 ‘‘§ 2467. Prohibition on the use of certain cost com9 parison studies’’.

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

11 sections at the beginning of chapter 146 of such title is

12 amended to read as follows:

‘‘2467. Prohibition on the use of certain cost comparison studies.’’.

13 (c) REPEAL.—Section 312 of the National Defense Au14 thorization Act for Fiscal Year 1993 (Public Law 102–484;

15 106 Stat. 2365) is repealed.

16 (d) EFFECTIVE DATE.—This section, and the amend17 ments made by this section, shall take effect on September

18 30, 1993.

19 SEC. 316. LOCATION OF CERTAIN PREPOSITIONING FACILI20 TIES.

21 (a) SITE FOR ARMY PREPOSITIONING MAINTENANCE

22 FACILITY.—The Secretary of the Army shall establish the

23 Army Prepositioning Maintenance Facility at Charleston,

24 South Carolina.
89

HR 2401 RH

1 (b) LIMITATION.—During the two-year period begin2 ning on the date of the enactment of this Act, the Secretary

3 of Defense shall ensure that separate but complementary

4 prepositioning facilities are maintained in Charleston,

5 South Carolina, and Blount Island, Florida, for the Army

6 and Marine Corps, respectively.

7 (c) REPORT BEFORE SUBSEQUENT RELOCATION.—

8 After the end of such two-year period, any decision by the

9 Secretary of the Navy to relocate the Marine Prepositioning

10 Forces (MPF) from Blount Island, Jacksonville, Florida,

11 may be made only after the Secretary of Defense has sub12 mitted to the Committees on Armed Services of the Senate

13 and House of Representatives a detailed cost and oper14 ational analysis explaining the basis of the decision for such

15 relocation.

16 SEC. 317. USE OF FUNDS FOR NAVY DEPOT BACKLOG.

17 Of the funds authorized to be appropriated under sec18 tion 301(2) for operation and maintenance for the Navy,

19 $200,000,000 (representing the amount by which the

20 amount of such funds exceeds the amount specified in the

21 budget of the President for operation and maintenance for

22 the Navy for fiscal year 1994) may be used only to decrease

23 the backlog of depot-level maintenance and repair.
90

HR 2401 RH

1 SEC. 318. LIMITATION ON USE OF FUNDS FOR TRIDENT

2 SUBMARINE FORCE.

3 Amounts authorized to be appropriated under section

4 301(2) that are made available for operation and support

5 of the trident submarine force may not exceed an amount

6 that equals the difference between—

7 (1) the amount in the budget submitted by the

8 President for fiscal year 1994 (pursuant to section

9 1105 of title 31, United States Code) for operation

10 and support of the trident submarine force; and

11 (2) $100,000,000.

12 SEC. 319. LIMITATION ON OBLIGATION OF FUNDS IN CON13 NECTION WITH UPGRADES OR REPAIRS AT

14 THE ARMY RESERVE FACILITY IN MARCUS

15 HOOK, PENNSYLVANIA.

16 (a) LIMITATION ON OBLIGATION OF FUNDS.—Except

17 as provided in subsection (b), none of the funds appro18 priated for fiscal year 1994 pursuant to an authorization

19 of appropriations contained in this Act may be obligated

20 or expended to plan or carry out any upgrade, repair, or

21 other construction at the Army Reserve Facility in Marcus

22 Hook, Pennsylvania (in this section referred to as the

23 ‘‘Marcus Hook facility’’), until after the end of the 30 day24 period beginning on the date the Secretary of the Army sub25 mits to the congressional defense committees the report re26 quired by subsection (c).
91

HR 2401 RH

1 (b) EXCEPTION.—Subsection (a) shall not prohibit ob2 ligations or expenditures of funds in connection with con3 struction at the Marcus Hook facility if the Secretary cer4 tifies to the congressional defense committees in advance

5 that the construction is limited to emergency repairs nec6 essary to continue operations of water craft support at the

7 Marcus Hook facility.

8 (c) REPORT REQUIRED.—The Secretary shall prepare

9 a report evaluating the suitability of alternative sites with10 in a 100 mile radius of the Marcus Hook facility to replace

11 the facility. The report shall contain, at a minimum, a de12 tailed accounting of—

13 (1) required pier and building space and avail14 able building and pier space at each alternative site;

15 (2) the costs required to operate comparable

16 spaces at each alternative site;

17 (3) other users at each alternative site and their

18 space requirements; and

19 (4) the assets and liabilities at each alternative

20 site.

21 SEC. 320. PROHIBITION ON CONTRACTS WITH THE BAHRAIN

22 SHIP REPAIRING AND ENGINEERING COM23 PANY FOR SHIP REPAIR.

24 (a) PROHIBITION.—Notwithstanding section 7299a of

25 title 10, United States Code, the Secretary of Defense may
92

HR 2401 RH

1 not enter into a contract with the Bahrain Ship Repairing

2 and Engineering Company for the overhaul, repair, or

3 maintenance of naval vessels until the Secretary certifies

4 to the Committees on Armed Services of the Senate and

5 House of Representatives that at least one of the following

6 conditions exists:

7 (1) The work was unplanned and is of an emer8 gency nature.

9 (2) There is a compelling national security rea10 son for the work to be done by the Bahrain Ship Re11 pairing and Engineering Company.

12 (3) The Bahrain Ship Repairing and Engineer13 ing Company initiates legal proceedings, or other pro14 ceedings, to compensate the members of the Navy

15 killed as a result of the explosion in the engine room

16 of the U.S.S. Iwo Jima that occurred after the repair

17 of the U.S.S. Iwo Jima by that company.

18 (b) APPLICABILITY.—Subsection (a) applies with re19 spect to contracts for the overhaul, repair, or maintenance

20 of a naval vessel entered into after the date of enactment

21 of this Act.
93

HR 2401 RH

1 SECTION 321. LIMITATION ON CHARTERING OF VESSELS

2 ON WHICH REFLAGGING OR CONVERSION

3 WORK HAS BEEN PERFORMED IN A FOREIGN

4 SHIPYARD.

5 Section 2631 of title 10, United States Code, is

6 amended—

7 (1) by inserting ‘‘(a)’’ before ‘‘Only vessels’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b)(1) The Secretary of Defense may enter into a

11 time-charter contract for the use of a vessel for the transpor12 tation of supplies, in the case of a vessel on which reflagging

13 or repair work was performed during the two-year period

14 preceding the date of the award of the proposed charter,

15 only if such work was performed at a shipyard in the

16 United States (including any territory of the United

17 States).

18 ‘‘(2) In paragraph (1), the term ‘reflagging or repair

19 work’ means work performed on a vessel—

20 ‘‘(A) to enable the vessel to meet applicable

21 standards to become a vessel of the United States; or

22 ‘‘(B) to convert the vessel to a more useful mili23 tary configuration.’’.
94

HR 2401 RH

1 SEC. 322. ONE-YEAR PROHIBITION ON REDUCTION OF

2 FORCE STRUCTURE FOR RESERVE COMPO3 NENT SPECIAL OPERATIONS FORCES.

4 (a) PROHIBITION.—During fiscal year 1994, the Sec5 retary of Defense may not reduce the force structure of the

6 special operations forces of the reserve components below the

7 force structure of those forces as of September 30, 1993.

8 (b) DEFINITION.—In this section, the term ‘‘force

9 structure’’ means the number and types of units and orga10 nizations, and the number of authorized personnel spaces

11 allocated to those units and organizations, in a military

12 force.

13 SEC. 323. PROHIBITION ON JOINT USE OF SELFRIDGE AIR

14 NATIONAL GUARD BASE, MICHIGAN, WITH

15 CIVIL AVIATION.

16 The Secretary of the Air Force may not enter into any

17 agreement that would provide for or permit civil aircraft

18 to regularly use Selfridge Air National Guard Base in Har19 rison Township, Michigan.

20 Subtitle C—Defense-Wide Funds

21 SEC. 331. PROHIBITION ON USE OF DEFENSE BUSINESS OP22 ERATIONS FUND.

23 The Secretary of Defense shall not, after April 15,

24 1994, manage the performance of any function, activity,

25 fund, or account of the Department of Defense through the

26 Defense Business Operations Fund established by section
95

HR 2401 RH

1 316 of the National Defense Authorization Act for Fiscal

2 Years 1992 and 1993 (Public Law 102–190; 105 Stat.

3 1338)). After April 15, 1994, any management through a

4 defense-wide fund of functions, activities, funds, and ac5 counts that were managed through the Defense Business Op6 erations Fund may be only as provided in section 333.

7 SEC. 332. CLASSIFICATION OF CERTAIN COMPETITIVE AND

8 NONCOMPETITIVE ACTIVITIES OF THE DE9 PARTMENT OF DEFENSE; NONCOMPETITIVE

10 RATES BOARD.

11 (a) CLASSIFICATION ACCORDING TO COMPETITIVE12 NESS.—Not later than April 15, 1994, the Secretary of De13 fense shall classify each function, fund, activity, and ac14 count that is managed by the Secretary under a single, de15 fense-wide fund (including the Defense Business Operations

16 Fund established in section 316 of the National Defense Au17 thorization Act for Fiscal Years 1992 and 1993 (P.L. 102–

18 190; 105 Stat. 1338)) according to whether or not the func19 tion, fund, activity, or account is suitable for provision and

20 purchase by the Department of Defense in a competitive

21 market. The Secretary of Defense shall revise a classifica22 tion under this subsection whenever the Secretary considers

23 it to be appropriate.

24 (b) PRICING AND PERFORMANCE OF COMPETITIVE AC25 TIVITIES.—The Secretary of Defense shall take any action
96

HR 2401 RH

1 necessary to provide for competitive pricing and active com2 petition among suppliers for the operation of each function,

3 fund, activity, or account classified as suitable for competi4 tion under subsection (a).

5 (c) RATES FOR NONCOMPETITIVE ACTIVITIES.—The

6 Secretary of Defense shall establish rates and prices, and

7 standards for the rates and prices, for each function, fund,

8 activity, or account classified as not suitable for competi9 tion under subsection (a).

10 (d) NONCOMPETITIVE RATES BOARD.—(1) The Sec11 retary of Defense shall appoint a Noncompetitive Rates

12 Board (in this section referred to as the ‘‘Board’’) to regu13 larly review the rates, prices, and standards established

14 under subsection (c).

15 (2) The Board shall be composed of 3 individuals, at

16 least one of whom shall have experience in the private-sector

17 performance of functions, funds, activities, and accounts

18 classified as not suitable for competition under subsection

19 (a).

20 (3)(A) Each member of the Board shall be paid at a

21 rate equal to the daily equivalent of the minimum annual

22 rate of basic pay payable for level IV of the Executive

23 Schedule under section 5315 of title 5, United States Code,

24 for each day (including travel time) during which the mem-
97

HR 2401 RH

1 ber is engaged in the actual performance of the duties of

2 the Board.

3 (B) Each member of the Board shall receive travel ex4 penses, including per diem in lieu of subsistence, in accord5 ance with sections 5702 and 5703 of title 5, United States

6 Code.

7 (4) The Secretary of Defense shall provide the Board

8 with the information and the administrative, professional,

9 and technical support required by the Board to carry out

10 its duties under this section.

11 (5) The Board shall annually submit to the congres12 sional defense committees, at the same time as the report

13 required to be submitted under section 333(i), the results

14 of reviews conducted under paragraph (1) and the rec15 ommendations of the Board for any legislative and admin16 istrative action the Board considers to be appropriate.

17 SEC. 333. COMPETITIVE AND REGULATED BUSINESS OPER18 ATIONS FUNDS.

19 (a) AUTHORITY TO BORROW FROM GENERAL FUND.—

20 To the extent provided in appropriations Acts, the Sec21 retary of Defense may borrow from the General Fund of

22 the Treasury such sums as may be necessary to purchase

23 the assets of the Defense Business Operations Fund (in this

24 section referred to as the ‘‘DBOF’’) and to provide for the
98

HR 2401 RH

1 management of functions, funds, activities, and accounts re2 ferred to in subsection (b).

3 (b) PURCHASE OF DBOF ASSETS.—With amounts

4 borrowed under subsection (a), the Secretary of Defense

5 shall purchase from the DBOF at fair market value—

6 (1) all assets of each function, fund, activity, or

7 account managed through the DBOF and classified

8 under section 332 as suitable to competition; and

9 (2) all assets of each function, fund, activity, or

10 account managed through the DBOF and classified

11 under section 332 as not suitable to competition.

12 (c) PAYMENT OF DBOF PURCHASE AMOUNTS TO THE

13 GENERAL FUND.—Amounts received by the DBOF from the

14 sale of DBOF assets under subsection (b) shall be deposited

15 in the General Fund of the Treasury.

16 (d) ESTABLISHMENT OF CBOF AND RBOF.—(1)

17 There are established in the Treasury of the United States

18 the following revolving funds:

19 (A) The ‘‘Competitive Business Operations

20 Fund’’ (in this section referred to as the ‘‘CBOF’’).

21 (B) The ‘‘Regulated Business Operations Fund’’

22 (in this section referred to as the ‘‘RBOF’’).

23 (2) The Secretary of Defense may manage the perform24 ance of any function, fund, activity, or account referred to

25 in subsection (b)(1) through the CBOF. The assets of each
99

HR 2401 RH

1 such fund, function, activity, or account purchased from the

2 DBOF under such subsection shall be transferred to and

3 accounted for in the CBOF.

4 (3) The Secretary of Defense may manage the perform5 ance of any function, fund, activity, or account referred to

6 in subsection (b)(2) through the RBOF. The assets of each

7 such function, fund, activity, or account purchased from the

8 DBOF under such subsection shall be transferred to and

9 accounted for in the RBOF.

10 (e) REPAYMENT TO THE GENERAL FUND.—The Sec11 retary of Defense shall repay, out of the CBOF, the amount

12 of any sums borrowed under subsection (a) and used to pur13 chase assets for the CBOF. The Secretary of Defense shall

14 repay, out of the RBOF, the amount of any sums borrowed

15 under subsection (a) and used to purchase assets for the

16 RBOF. Interest on the amount borrowed shall be paid quar17 terly and shall equal the average quarterly rate of interest

18 for funds borrowed by the Treasury. The amount of the re19 payment and interest shall be deposited in the General

20 Fund of the Treasury.

21 (f) TREATMENT OF NET GAINS AND LOSSES.—(1) The

22 amount of any net gain from the operation of a function,

23 fund, activity, or account managed through the CBOF or

24 the RBOF shall be deposited in the General Fund of the

25 Treasury.
100

HR 2401 RH

1 (2) There are authorized to be appropriated to the

2 CBOF or the RBOF, as the case may be, such sums as may

3 be necessary to make up a net loss from the performance

4 of a function, fund, activity, or account managed through

5 the CBOF or the RBOF, as the case may be.

6 (g) SEPARATE ACCOUNTING, REPORTING, AND AUDIT7 ING.—For purposes of reporting and auditing, the Sec8 retary of Defense shall maintain the separate identity and

9 separate records (including separate records on net gains

10 and losses) for each function, fund, activity, or account

11 managed through the CBOF and the RBOF.

12 (h) INCLUSION OF OTHER FUNCTIONS IN CBOF AND

13 RBOF.—The Secretary shall notify the Congress of any

14 proposal by the Secretary to manage through the CBOF or

15 the RBOF any function, fund, activity, or account that is

16 in addition to the functions, fund, activities, and accounts

17 referred to in subsection (b).

18 (i) REPORT.—The Secretary of Defense shall submit

19 to the congressional defense committees, at the same time

20 the Secretary submits the report required under section 113

21 of title 10, United States Code, a report on the management

22 of functions, funds, activities, and accounts under the

23 CBOF and the RBOF. The report shall include—

24 (1) an identification of each function, fund, ac25 tivity, and account that is classified as suitable for
101

HR 2401 RH

1 competition under section 332 and managed through

2 the CBOF;

3 (2) an identification of each function, fund, ac4 tivity, and account that is classified as not suitable

5 for competition under section 332 and managed

6 through the RBOF; and

7 (3) detailed information on the financial per8 formance and condition of each function, fund, activ9 ity, and account identified under paragraphs (1) and

10 (2), including information on net gains and losses.

11 (j) EFFECTIVE DATE.—This section shall take effect on

12 October 1, 1994.

13 SEC. 334. EXTENSION OF LIMITATION ON OBLIGATION

14 AGAINST DEFENSE BUSINESS OPERATIONS

15 FUND.

16 Section 343(a) of the National Defense Authorization

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

18 2377) is amended by striking out ‘‘fiscal year 1993’’ both

19 places it appears and inserting in lieu thereof ‘‘a fiscal

20 year’’.

21 Subtitle D—Depot-Level Activities

22 SEC. 341. DEPARTMENT OF DEFENSE DEPOT TASK FORCE.

23 (a) ESTABLISHMENT.—The Secretary of Defense shall

24 appoint a task force to assess the overall performance and
102

HR 2401 RH

1 management of depot-level activities of the Department of

2 Defense. The assessment shall include—

3 (1) an identification of the functions and activi4 ties that are suitable for performance by depot-level

5 activities of the Department of Defense;

6 (2) an identification of the functions and activi7 ties that are suitable for performance by non-Govern8 ment personnel;

9 (3) an evaluation of the manner and level of per10 formance of such work; and

11 (4) an evaluation of how rates, prices, and the

12 core workload requirements are determined for work

13 performed by the depot-level activities.

14 (b) MEMBERSHIP.—The task force shall be composed

15 of individuals who are representatives of the Department

16 of Defense and the private sector and who have expertise

17 in the management and performance of depot-level activi18 ties.

19 (c) PAY AND TRAVEL EXPENSES.—(1) Each member

20 of the task force shall be paid at a rate equal to the daily

21 equivalent of the minimum annual rate of basic pay pay22 able for level IV of the Executive Schedule under section

23 5315 of title 5, United States Code, for each day (including

24 travel time) during which the member is engaged in the

25 actual performance of the duties of the task force.
103

HR 2401 RH

1 (2) Each member of the task force shall receive travel

2 expenses, including per diem in lieu of subsistence, in ac3 cordance with sections 5702 and 5703 of title 5, United

4 States Code.

5 (d) ADMINISTRATIVE SUPPORT.—The Secretary of De6 fense shall provide the task force with the administrative,

7 professional, and technical support required by the task

8 force to carry out its duties under this section.

9 (e) REPORT.—Not later than April 1, 1994, the task

10 force shall submit to the congressional defense committees

11 the results of the assessment conducted under subsection (a)

12 and the recommendations of the task for any legislative and

13 administrative action the task force considers to be appro14 priate.

15 (f) TERMINATION.—The task force shall terminate not

16 later than 60 days after submitting its report pursuant to

17 subsection (e).

18 SEC. 342. RETENTION OF DEPOT-LEVEL MAINTENANCE

19 WORKLOAD MANAGEMENT BY THE MILITARY

20 DEPARTMENTS.

21 (a) MANAGEMENT OF DEPOT-LEVEL MAINTENANCE

22 WORKLOAD BY THE MILITARY DEPARTMENTS.—Chapter

23 146 of title 10, United States Code, is amended by adding

24 at the end the following new section:
104

HR 2401 RH

1 ‘‘§ 2470. Depot-level maintenance workload: manage2 ment by the military departments

3 ‘‘The Secretary of Defense may not consolidate the

4 management of the depot-level maintenance workload of the

5 Department of Defense under a single defense-wide entity.

6 The management of any such workload for a military de7 partment shall continue to be carried out by the Secretary

8 of the military department.’’.

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

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

11 end the following new item:

‘‘2470. Depot-level maintenance workload: management by the military departments.’’.

12 SEC. 343. PROHIBITION ON PERFORMANCE OF DEPOT13 LEVEL SUPPORT PRIMARILY BY NON-GOV14 ERNMENT PERSONNEL.

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

16 require or permit the long-term, depot-level support of a

17 weapon system referred to in subsection (b) to be provided

18 primarily by non-Government personnel.

19 (b) COVERED WEAPON SYSTEMS.—A weapon system

20 referred to in subsection (a) is a weapon system—

21 (1) which has not entered production by the date

22 of the enactment of this Act; or

23 (2) which has entered production by the date of

24 the enactment of this Act but is planned for depot-
105

HR 2401 RH

1 level support primarily by Government or non-Gov2 ernment personnel.

3 SEC. 344. PROHIBITION ON PERFORMANCE OF CERTAIN

4 DEPOT-LEVEL WORK BY FOREIGN CONTRAC5 TORS.

6 (a) IN GENERAL.—(1) Chapter 146 of title 10, United

7 States Code, as amended by section 342, is amended by add8 ing at the end the following new section:

9 ‘‘§ 2471. Prohibition on performance of certain depot10 level work by foreign contractors

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

12 contract for the performance by a person or organization

13 described in subsection (b) of any depot-level maintenance

14 work that, in the determination of the Secretary, could be

15 performed in the United States on a cost-effective basis and

16 without significant adverse effect on the readiness of the

17 armed forces.

18 ‘‘(b) COVERED PERSONS AND ORGANIZATIONS.—A

19 person or organization referred to in subsection (a) is a

20 person or organization—

21 ‘‘(1) which does not perform substantially all of

22 its activities as part of the ‘national technology and

23 industrial base’, as such term is defined in paragraph

24 (1) of section 2491; and
106

HR 2401 RH

1 ‘‘(2) which is not a citizen or permanent resident

2 of a country referred to in such paragraph, or, if ap3 plicable, the majority of which is owned or controlled

4 by citizens or permanent residents of any such coun5 try.’’.

6 (2) The table of sections at the beginning of such chap7 ter, as amended by section 342, is amended by adding at

8 the end the following new item:

‘‘2471. Prohibition on performance of certain depot-level work by foreign contractors.’’.

9 (b) EFFECTIVE DATE.—Section 2471 of title 10, Unit10 ed States Code, as added by subsection (a), shall apply with

11 respect to contracts entered into after the expiration of the

12 90-day period beginning on the date of the enactment of

13 this Act.

14 SEC. 345. MODIFICATION OF LIMITATION ON THE PER15 FORMANCE OF DEPOT-LEVEL MAINTENANCE

16 OF MATERIEL.

17 (a) MODIFICATION OF LIMITATION.—Subsection (a)(1)

18 of section 2466 of title 10, United States Code, is amended

19 by striking out ‘‘for the military department or the Defense

20 Agency’’ and inserting in lieu thereof ‘‘with respect to each

21 type of materiel or equipment, including ships, aircraft, or22 dinance, supply, and land forces, for the military depart23 ment and the Defense Agency’’.
107

HR 2401 RH

1 (b) REPORT.—Subsection (e) of such section is amend2 ed to read as follows:

3 ‘‘(e) REPORT.—Not later than January 15, 1995, the

4 Secretary of each military department and, with respect to

5 the Defense Agencies, the Secretary of Defense shall jointly

6 submit to the Congress a report describing the progress dur7 ing the preceding fiscal year to achieve and maintain the

8 percentage of depot-level maintenance required to be per9 formed by employees of the Department of Defense pursuant

10 to subsection (a).’’.

11 SEC. 346. CLARIFICATION OF LIMITATION ON THE PER12 FORMANCE OF DEPOT-LEVEL MAINTENANCE

13 OF MATERIEL FOR NEW WEAPON SYSTEMS.

14 (a) CLARIFICATION OF LIMITATION.—Subsection (a) of

15 section 2466 of title 10, United States Code, is amended

16 by adding at the end the following new paragraph:

17 ‘‘(3) The Secretary concerned shall, within 5 years

18 after the initial delivery of a weapon system to the Depart19 ment of Defense, provide for the performance by employees

20 of the Department of Defense of not less than 60 percent

21 of the depot-level maintenance of the weapon system.’’.

22 (b) CONFORMING AMENDMENT.—Paragraph (1) of

23 such subsection, as amended by section 345(a), is further

24 amended by striking out ‘‘paragraph (2)’’ and inserting in

25 lieu thereof ‘‘paragraphs (2) and (3)’’.
108

HR 2401 RH

1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall apply with respect to a weapon system deliv3 ered after the date of the enactment of this Act.

4 Subtitle E—Commissaries and

5 Military Exchanges

6 SEC. 351. EXPANSION AND CLARIFICATION OF COMMISSARY

7 AND EXCHANGE BENEFITS.

8 (a) EXPANSION OF FORMER SPOUSES’ ELIGIBILITY.—

9 Section 1062 of title 10, United States Code, is amended

10 to read as follows:

11 ‘‘§ 1062. Certain former spouses

12 ‘‘(a) ELIGIBILITY.—The Secretary of Defense shall pre13 scribe such regulations as may be necessary to provide that

14 a former spouse described in subsection (b) is entitled to

15 commissary and exchange privileges to the same extent and

16 on the same basis as the surviving spouse of a retired mem17 ber of the uniformed services.

18 ‘‘(b) COVERED FORMER SPOUSES.—Subsection (a) ap19 plies to any person who—

20 ‘‘(1) is an unremarried former spouse of a mem21 ber or former member who performed at least 20

22 years of service which is creditable in determining the

23 member or former member’s eligibility for retired or

24 retainer pay; and
109

HR 2401 RH

1 ‘‘(2) on the date of the final decree of divorce,

2 dissolution, or annulment had been married to the

3 member or former member for a period of at least 20

4 years, at least 12 of which were during the period the

5 member or former member performed service cred6 itable in determining the member or former member’s

7 eligibility for retired or retainer pay.’’.

8 (b) EXPANSION OF RESERVE MEMBERS’ ELIGI9 BILITY.—(1) Section 1063 of such title is amended—

10 (A) in subsection (a)(1)—

11 (i) by inserting ‘‘for such calendar year on

12 the same basis as members on active duty’’ before

13 the period in the first sentence; and

14 (ii) by striking out the second sentence;

15 (B) by striking out subsection (b); and

16 (C) by redesignating subsection (c) as subsection

17 (b).

18 (2) The heading of such section is amended to read

19 as follows:

20 ‘‘§ 1063. Members of the Ready Reserve’’.

21 (c) EXPANSION OF ELIGIBILITY FOR PERSONS QUALI22 FIED FOR CERTAIN RETIRED PAY BUT UNDER AGE 60.—

23 (1) Section 1064 of such title is amended by striking out

24 ‘‘for 12 days each calendar year’’ and inserting in lieu
110

HR 2401 RH

1 thereof ‘‘on the same basis as a person who is eligible for

2 such retired pay’’.

3 (2) The heading of such section is amended to read

4 as follows:

5 ‘‘§ 1064. Persons qualified for retired pay under chap6 ter 67 but under age 60’’.

7 (d) EXTENSION OF BENEFITS TO CERTAIN FORMER

8 ENLISTED MEMBERS.—(1) The Secretary of Defense shall

9 prescribe regulations to allow a person described in para10 graph (2), and the survivors of such person, to use com11 missary and exchange stores of the Department of Defense

12 on the same basis as officers retired for disability under

13 chapter 61 of title 10, United States Code, and the survivors

14 of such officers, respectively.

15 (2) Paragraph (1) applies to any person who was dis16 charged with a disability from the Armed Forces on or be17 fore October 1, 1949, and—

18 (A) who at the time of such discharge was an en19 listed member who had completed less than 20 years

20 of active service; and

21 (B) who, if such person had been an officer at

22 the time of such discharge, would have been eligible

23 for disability retirement under the Career Compensa24 tion Act of 1949.
111

HR 2401 RH

1 (e) CLARIFICATION OF USE OF CERTAIN FACILITIES

2 BY CERTAIN PERSONS.—Section 1065(a) of such title is

3 amended—

4 (1) in the first sentence, by striking out ‘‘Armed

5 Forces’’ and inserting in lieu thereof ‘‘armed forces’’;

6 and

7 (2) by striking out the second sentence and in8 serting in lieu thereof the following: ‘‘For a member

9 of the Selected Reserve, and the dependents of such

10 member, such use shall be permitted on the same basis

11 as a member on active duty. For a member who

12 would be eligible for retired pay under chapter 67 but

13 for the fact that the member is under 60 years of age,

14 and the dependents of such member, such use shall be

15 on the same basis as a member eligible for such re16 tired pay.’’.

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

18 the beginning of chapter 54 of such title is amended by

19 striking out the items relating to sections 1063 and 1064

20 and inserting in lieu thereof the following items:

‘‘1063. Members of the Ready Reserve.

‘‘1064. Persons qualified for retired pay under chapter 67 but under age 60.’’.
112

HR 2401 RH

1 SEC. 352. PROHIBITION ON OPERATION OF COMMISSARY

2 STORES BY ACTIVE DUTY MEMBERS OF THE

3 ARMED FORCES.

4 (a) IN GENERAL.—Chapter 49 of title 10, United

5 States Code, is amended by inserting after section 976 the

6 following new section:

7 ‘‘§ 977. Operation of commissary stores: assignment of

8 active duty members generally prohibited

9 ‘‘(a) GENERAL RULE.—A member of the armed forces

10 on active duty may not be assigned to the operation of a

11 commissary store.

12 ‘‘(b) EXCEPTION FOR DCA DIRECTOR.—The Secretary

13 of Defense may assign an officer on the active-duty list to

14 serve as the Director of the Defense Commissary Agency.

15 ‘‘(c) EXCEPTION FOR CERTAIN ADDITIONAL MEM16 BERS.—Beginning on October 1, 1996, not more than 18

17 additional members of the armed forces on active duty may

18 be assigned to the Defense Commissary Agency. Assignment

19 of such member to regional headquarters of that Agency

20 shall be limited to enlisted advisors for those regions respon21 sible for overseas commissaries and to veterinary specialists.

22 ‘‘(d) EXCEPTION FOR CERTAIN NAVY PERSONNEL.—

23 (1) The Secretary of the Navy may assign to the Defense

24 Commissary Agency a member of the Navy whose assign25 ment afloat is part of the operation of a ship’s food service
113

HR 2401 RH

1 or a ship’s store. Any such assignment shall be on a

2 nonreimbursable basis.

3 ‘‘(2) The number of such members assigned to the De4 fense Commissary Agency during any period before October

5 1, 1996, may not exceed the number of such members so

6 assigned on October 1, 1993. After September 30, 1996, the

7 number of such members so assigned may not exceed the

8 lesser of (A) the number of members so assigned on October

9 1, 1993, and (B) 400.’’.

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

11 the beginning of such chapter is amended by inserting after

12 the item relating to section 976 the following new item:

‘‘977. Operation of commissary stores: assignment of active duty members generally prohibited.’’.

13 SEC. 353. MODERNIZATION OF AUTOMATED DATA PROCESS14 ING CAPABILITY OF THE DEFENSE COM15 MISSARY AGENCY.

16 In order to perform inside the Defense Commissary

17 Agency (in this section referred to as the ‘‘Agency’’) all

18 automated data processing functions of the Agency as soon

19 as possible, the Secretary of Defense shall take any action

20 necessary to expedite the modernization of the automated

21 data processing capability of the Agency. Such action may

22 include the modification of existing contracts with contrac23 tors supplying automated data processing services to the

24 Agency.
114

HR 2401 RH

1 SEC. 354. OPERATION OF STARS AND STRIPES BOOKSTORES

2 BY THE MILITARY EXCHANGES.

3 The Secretary of Defense shall prescribe regulations

4 providing for the operation, not later than April 15, 1994,

5 of Stars and Stripes bookstores outside of the United States

6 by the military exchanges.

7 SEC. 355. AVAILABILITY OF FUNDS FOR NEXCOM RELOCA8 TION EXPENSES.

9 Of funds authorized to be appropriated under section

10 301(2), $10,000,000 shall be available to provide for the

11 payment of expenses incurred by the Navy Exchange Serv12 ice Command to relocate functions and activities from the

13 Naval Station, Staten Island, to the Naval Base, Norfolk.

14 Subtitle F—Other Matters

15 SEC. 361. EMERGENCY AND EXTRAORDINARY EXPENSE AU16 THORITY FOR THE INSPECTOR GENERAL OF

17 THE DEPARTMENT OF DEFENSE.

18 Section 127 of title 10, United States Code, is

19 amended—

20 (1) in subsection (a)—

21 (A) in the first sentence, by inserting ‘‘, the

22 Inspector General of the Department of Defense,’’

23 after ‘‘the Secretary of Defense’’;

24 (B) in the second sentence, by inserting ‘‘or

25 the Inspector General of the Department of De26 fense’’ after ‘‘the Secretary concerned’’; and
115

HR 2401 RH

1 (C) in the third sentence, by inserting ‘‘or

2 the Inspector General of the Department of De3 fense’’ after ‘‘The Secretary concerned’’;

4 (2) in subsection (b), by inserting ‘‘, by the In5 spector General of the Department of Defense to a

6 person in the Office of the Inspector General,’’ after

7 ‘‘the Department of Defense’’; and

8 (3) in subsection (c)—

9 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

10 (B) by adding after paragraph (1), as so

11 designated by subparagraph (A), the following

12 new paragraph:

13 ‘‘(2) The amount of funds expended by the Inspector

14 General of the Department of Defense under subsections (a)

15 and (b) during a fiscal year may not exceed $400,000.’’.

16 SEC. 362. AUTHORITY FOR CIVILIAN ARMY EMPLOYEES TO

17 ACT ON REPORTS OF SURVEY.

18 Section 4835 of title 10, United States Code, is

19 amended—

20 (1) in subsection (a), by inserting ‘‘or any civil21 ian employee of the Department of the Army’’ after

22 ‘‘any officer of the Army’’; and

23 (2) in subsection (b), by striking out ‘‘an officer

24 of the Army designated by him.’’ and inserting in

25 lieu thereof ‘‘the Secretary’s designee. The Secretary
116

HR 2401 RH

1 may designate officers of the Army or civilian em2 ployees of the Department of the Army to approve

3 such action.’’.

4 SEC. 363. EXTENSION OF GUIDELINES FOR REDUCTIONS IN

5 CIVILIAN POSITIONS.

6 (a) EXTENSION OF GUIDELINES.—Section 1597 of title

7 10, United States Code, is amended—

8 (1) in subsection (a), by striking out ‘‘during fis9 cal year 1993’’ and inserting in lieu thereof ‘‘during

10 a fiscal year’’; and

11 (2) in subsection (b), by striking out ‘‘for fiscal

12 year 1993’’.

13 (b) UPDATE OF MASTER PLAN.—Section 1597(c) of

14 such title is amended—

15 (1) in paragraph (1), by striking out ‘‘for fiscal

16 year 1994’’ and inserting in lieu thereof ‘‘for a fiscal

17 year’’; and

18 (2) by adding at the end the following new para19 graph:

20 ‘‘(4) The Secretary of Defense shall include in the ma21 terials referred in paragraph (1), a report on the implemen22 tation of the master plan for the fiscal year immediately

23 preceding the fiscal year for which such materials were sub24 mitted.’’.
117

HR 2401 RH

1 SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES.

2 Paragraph (1) of section 3401(a) of title 39, United

3 States Code, is amended—

4 (1) in the matter before subparagraph (A)—

5 (A) by inserting ‘‘an individual who is’’ be6 fore ‘‘a member’’; and

7 (B) by inserting ‘‘or a civilian, otherwise

8 authorized to use postal services at Armed Forces

9 installations, who holds a position or performs

10 one or more functions in support of military op11 erations, as designated by the military theater

12 commander,’’ after ‘‘section 101 of title 10,’’; and

13 (2) in subparagraphs (A) and (B) by striking

14 ‘‘the member’’ and inserting ‘‘such individual’’.

15 SEC. 365. EXTENSION AND MODIFICATION OF PILOT PRO16 GRAM TO USE NATIONAL GUARD PERSONNEL

17 IN MEDICALLY UNDERSERVED COMMUNITIES.

18 (a) PILOT PROGRAM.—Subsection (a) of section 376

19 of the National Defense Authorization Act for Fiscal Year

20 1993 (P.L. 102–484; 106 Stat. 2385) is amended—

21 (1) by striking out ‘‘Under regulations prescribed

22 by the Secretary of Defense, the’’ and inserting in lieu

23 thereof ‘‘The’’;

24 (2) by inserting ‘‘, approved by the Secretary of

25 Defense,’’ after ‘‘enter into an agreement’’; and
118

HR 2401 RH

1 (3) by striking out ‘‘fiscal years 1993 and 1994’’

2 and inserting in lieu thereof ‘‘fiscal years 1993, 1994,

3 and 1995’’.

4 (b) FUNDING ASSISTANCE.—Subsection (b) of such sec5 tion is amended to read as follows:

6 ‘‘(b) FUNDING ASSISTANCE.—Amounts made available

7 from Department of Defense accounts for operation and

8 maintenance and for pay and allowances to carry out the

9 pilot program shall be apportioned by the Chief of the Na10 tional Guard Bureau among those States with which the

11 Chief has entered into approved agreements. In addition to

12 such amounts, the Chief of the National Guard Bureau may

13 authorize any such State, in order to carry out the pilot

14 program during a fiscal year, to use funds received as part

15 of the operation and maintenance and pay and allowances

16 allotments for the National Guard of the State for that fis17 cal year. The amount of such funds that may be used to

18 carry out the pilot program during that fiscal year may

19 not exceed 25 percent of the amount used for medical train20 ing of the National Guard of the State during the fiscal

21 year immediately before that fiscal year.’’.

22 (c) SUPPLIES AND EQUIPMENT.—Such section is fur23 ther amended—

24 (1) by redesignating subsections (c) through (f)

25 as subsections (d) through (g), respectively; and
119

HR 2401 RH

1 (2) by inserting after subsection (b) the following

2 new subsection (c):

3 ‘‘(c) SUPPLIES AND EQUIPMENT.—(1) Funds made

4 available from Department of Defense operation and main5 tenance accounts to carry out the pilot program may be

6 used for the purchase of supplies and equipment necessary

7 for the provision of health care under the pilot program.

8 ‘‘(2) In addition to supplies and equipment provided

9 through the use of funds under paragraph (1), supplies and

10 equipment described in such paragraph that are furnished

11 by a State, a Federal agency, or any other person may be

12 used to carry out the pilot program.’’.

13 (d) SERVICE OF PARTICIPANTS.—Subsection (f) of

14 such section, as redesignated by subsection (c)(1), is amend15 ed to read as follows:

16 ‘‘(f) SERVICE OF PARTICIPANTS.—Service in the pilot

17 program by a member of the National Guard is training

18 in the member’s Federal status as a member of the National

19 Guard of a State under section 270 of title 10, United

20 States Code, and section 502 of title 32, United States

21 Code.’’.

22 (e) REPORT.—Subsection (g) of such section, as redes23 ignated by subsection (c)(1), is amended by striking out

24 ‘‘January 1, 1994’’ and inserting in lieu thereof ‘‘January

25 1, 1995’’.
120

HR 2401 RH

1 (f) DEFINITIONS.—Such section is further amended by

2 adding at the end the following new subsection:

3 ‘‘(h) DEFINITIONS.—For purposes of this section:

4 ‘‘(1) The term ‘health care’ includes medical and

5 dental care services.

6 ‘‘(2) The term ‘Governor’ means, with respect to

7 the District of Columbia, the commanding general of

8 the District of Columbia National Guard.

9 ‘‘(3) The term ‘State’ includes the District of Co10 lumbia, the Commonwealth of Puerto Rico, Guam,

11 and the Virgin Islands.’’.

12 SEC. 366. AMENDMENTS TO THE ARMED FORCES RETIRE13 MENT HOME ACT OF 1991.

14 (a) RELATIONSHIP TO DEPARTMENT OF DEFENSE.—

15 Section 1511 of the Armed Forces Retirement Home Act

16 of 1991 (title XV of P.L. 101–510; 104 Stat. 1723) is

17 amended—

18 (1) by redesignating subsection (e) as subsection

19 (f); and

20 (2) by inserting after subsection (d) the following

21 new subsection (e):

22 ‘‘(e) DEPARTMENT OF DEFENSE SUPPORT.—The Sec23 retary of Defense may make available to the Retirement

24 Home, on a nonreimbursable basis, administrative support

25 and office services, legal and policy planning assistance, ac-
121

HR 2401 RH

1 cess to investigative facilities of the Inspector General of

2 the Department of Defense and of the military departments,

3 and any other support necessary to enable the Retirement

4 Home to carry out its functions under this Act.’’.

5 (b) AUTHORITY OF RETIREMENT HOME CHAIRMAN.—

6 Subsection (d)(1) of section 1515 of such Act (104 Stat.

7 1727) is amended to read as follows:

8 ‘‘(d) CHAIRMEN.—(1)(A) The Secretary of Defense

9 shall select one of the members of the Retirement Home

10 Board to serve as chairman. The term of office of the chair11 man shall be five years with eligibility for selection to serve

12 a second five-year term at the discretion of the Secretary.

13 The chairman shall act as the chief executive officer of the

14 Retirement Home, and shall not be responsible to the Sec15 retary of Defense or to the Secretaries of the military de16 partments for overall direction and management of the Re17 tirement Home and each facility maintained as a separate

18 facility of the Retirement Home.

19 ‘‘(B) The chairman may appoint, in addition to such

20 ad hoc committees as the chairman determines to be appro21 priate, a standing executive committee to act for, and in

22 the name of, the Retirement Home Board at such times and

23 on such matters as the chairman considers necessary to ex24 pedite the efficient and timely management of each facility

25 maintained as a separate facility of the Retirement Home.
122

HR 2401 RH

1 ‘‘(C) The chairman may appoint an administrative

2 staff to assist the chairman in the performance of such indi3 vidual’s duties as the chairman of the Retirement Board

4 and chief executive officer of the Retirement Home. The

5 chairman shall determine the rate of pay for such staff, ex6 cept that a staff member who is a member of the Armed

7 Forces on active duty or who is a full-time officer or em8 ployee of the United States shall receive no additional pay

9 by reason of service on the administrative staff.’’.

10 (c) HOSPITAL CARE FOR HOME RESIDENTS.—The sec11 ond sentence of section 1513(b) of such Act (104 Stat. 1725)

12 is amended to read as follows: ‘‘Secondary and tertiary hos13 pital care for residents that is not available at a facility

14 maintained as a separate establishment of the Retirement

15 Home shall, to the extent available, be obtained by agree16 ment with the Secretary of Veterans Affairs or the Secretary

17 of Defense in a facility administered by such Secretary. The

18 Retirement Home shall not be responsible for the costs in19 curred for such care by a resident of the Retirement Home

20 who uses a private medical facility for such care.’’.

21 (d) DISPOSITION OF ESTATES OF DECEASED RESI22 DENTS.—Section 1520(a) of such Act (104 Stat. 1731) is

23 amended to read as follows:

24 ‘‘(a) EFFECTS OF DECEASED PERSONS.—The Director

25 of a facility maintained as a separate establishment of the
123

HR 2401 RH

1 Retirement Home shall safeguard and dispose of the estate

2 and personal effects of deceased residents, including effects

3 delivered to the Retirement Home under subsections 4712(f)

4 and 9712(f) of title 10, United States Code, and shall ensure

5 the following:

6 ‘‘(1) A will or other instrument of a testa7 mentary nature involving property rights executed by

8 a resident shall be promptly delivered, upon the death

9 of the resident, to the proper court of record. All prop10 erty left by the deceased resident shall be held for dis11 position as directed by the court.

12 ‘‘(2) In the event a resident dies intestate and

13 the heirs or legal representative of the deceased cannot

14 be immediately ascertained, the Director shall retain

15 all property left by the decedent for a three-year pe16 riod beginning on the date of the death. If entitlement

17 to such property is established to the satisfaction of

18 the Director at any time during the three-year period,

19 the Director shall distribute the decedent’s property,

20 in equal pro-rata shares when multiple beneficiaries

21 have been identified, to the highest following cat22 egories of identified survivors (listed in the order of

23 precedence indicated):

24 ‘‘(A) The surviving spouse or legal rep25 resentative.
124

HR 2401 RH

1 ‘‘(B) The children of the deceased.

2 ‘‘(C) The parents of the deceased.

3 ‘‘(D) The siblings of the deceased.

4 ‘‘(E) The next-of-kin of the deceased.’’.

5 (e) SALE OF EFFECTS.—Subsection (b) of such section

6 is amended to read as follows:

7 ‘‘(b) SALE OF EFFECTS.—(1) In the event the disposi8 tion of the estate of a resident of the Retirement Home can9 not be accomplished under subsection (a)(2), the entirety

10 of the deceased resident’s domiciliary estate and the entirety

11 of any ancillary estate that are unclaimed at the end of

12 the three-year period beginning on the date of the death of

13 the resident shall escheat to the Retirement Home. Upon

14 the sale of any such unclaimed estate property, the proceeds

15 of the sale shall be deposited in the Retirement Home Trust

16 Fund. In the event a personal representative or other fidu17 ciary is appointed to administer a deceased resident’s un18 claimed estate before the end of such three-year period, the

19 balance of the entire net proceeds of the estate, less estate

20 expenses, shall be directly deposited to any local court fund,

21 subject to a claim by the Comptroller General of the United

22 States. This paragraph shall apply to the estate of a resi23 dent of the Soldiers’ and Airmen’s Home or of the Naval

24 Home who dies after November 29, 1989.
125

HR 2401 RH

1 ‘‘(2) The Director of a facility maintained as a sepa2 rate establishment of the Retirement Home may designate

3 an attorney to serve as attorney-general for the facility in

4 any probate proceeding in which the Retirement Home may

5 have a legal interest as nominated fiduciary, testamentary

6 legatee, escheat legatee, or in any other capacity. The attor7 ney-general may, in the domiciliary jurisdiction of the de8 ceased resident and in any ancillary jurisdictions, petition

9 for appointment as fiduciary under any resulting court ap10 pointment. In a probate proceeding in which the heirs of

11 an intestate deceased resident cannot be located, the attor12 ney-agent shall be appointed as the fiduciary of the estate

13 of the decedent.

14 ‘‘(3) The designation of a facility of the Retirement

15 Home as personal representative of the estate of a resident

16 of the Retirement Home or as a legatee under the will or

17 codicil of the resident shall not disqualify an employee or

18 staff member of that facility from serving as an eligible wit19 ness to a will or codicil of the resident.

20 ‘‘(4) After the expiration of the three-year period begin21 ning on the date of the death of a resident of the facility,

22 the Director of the facility shall dispose of all property of

23 the deceased resident that is not otherwise disposed of as

24 provided for in this subsection, including personal effects

25 such as decorations, medals, and citations to which a right
126

HR 2401 RH

1 has not been established under subsection (a). Disposal may

2 be made within the discretion of the Director by—

3 ‘‘(A) retaining such property or effects for the fa4 cility;

5 ‘‘(B) offering such items to the Secretary of Vet6 erans Affairs, a State, another military home, a mu7 seum, or any other institution having an interest; or

8 ‘‘(C) destroying any items the Director concerned

9 considers to be valueless.’’.

10 SEC. 367. REQUIRED PAYMENT DATE UNDER PROMPT PAY11 MENT ACT FOR PROCUREMENT OF BAKED

12 GOODS.

13 In the case of the acquisition of baked goods by the

14 Department of Defense, the required payment date for pur15 poses of section 3902 of title 31, United States Code (relat16 ing to interest penalties for failure to pay contractors by

17 the required payment date), shall be the same as applies

18 under the regulations prescribed under section 3903(a)(4)

19 of such title in the case of the acquisition of edible oils or

20 fats by the Department of Defense.
127

HR 2401 RH

1 SEC. 368. PROVISION OF FACILITIES AND SERVICES OF THE

2 DEPARTMENT OF DEFENSE TO CERTAIN EDU3 CATIONAL ENTITIES.

4 (a) PROVISION OF FACILITIES AND SERVICES.—Chap5 ter 152 of title 10, United States Code, is amended by add6 ing at the end the following new section:

7 ‘‘§ 2553. Facilities and services: certain educational

8 entities

9 ‘‘(a) USE OF FACILITIES.—The Secretary may permit

10 an entity referred to in subsection (c) to use, on a reimburs11 able or nonreimbursable basis, any facility of the Depart12 ment of Defense that the Secretary determines will assist

13 that entity in achieving its educational goals.

14 ‘‘(b) USE OF SERVICES.—The Secretary may make

15 available to an entity referred to in subsection (c), on a

16 reimbursable or nonreimbursable basis, the services of any

17 member of the armed forces or employee of the Department

18 of Defense who the Secretary determines will assist that en19 tity in achieving its education goals.

20 ‘‘(c) COVERED ENTITIES.—The entities referred to in

21 subsections (a) and (b) are the following:

22 ‘‘(1) The United States Space Camp.

23 ‘‘(2) The United States Space Academy.

24 ‘‘(3) The Aviation Challenge.

25 ‘‘(4) The National Flight Academy.
128

HR 2401 RH

1 ‘‘(d) OPERATION OF THE NATIONAL FLIGHT ACAD2 EMY.—After the completion of the facilities of the National

3 Flight Academy, the Secretary of the Navy may accept the

4 donation of such facilities from the Naval Aviation Museum

5 Foundation (or a successor entity of the Foundation). If

6 the donation occurs, the Secretary of the Navy may, by reg7 ulations prescribed under subsection (f), permit the Naval

8 Aviation Museum Foundation (or any successor entity) to

9 operate and maintain such facilities.

10 ‘‘(e) NONINTERFERENCE WITH ARMED FORCES OPER11 ATIONS.—The provision of facilities and services under sub12 sections (a) and (b) may not interfere with the normal oper13 ations and missions of the armed forces.

14 ‘‘(f) REGULATIONS.—The Secretary shall prescribe reg15 ulations to carry out this section, including regulations es16 tablishing reasonable rates for a reimbursement under sub17 section (a).’’.

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

19 the beginning of subchapter II of such chapter is amended

20 by adding at the end the following new item:

‘‘2553. Facilities and services: certain educational entities.’’.

21 SEC. 369. MODIFICATION OF RESTRICTION ON REPAIR OF

22 CERTAIN VESSELS THE HOMEPORT OF WHICH

23 IS PLANNED FOR REASSIGNMENT.

24 Section 7310(b) of title 10, United States Code, as in25 serted by section 814(b), is amended to read as follows:
129

HR 2401 RH

1 ‘‘(b) VESSEL CHANGING HOMEPORTS.—(1) In the case

2 of a naval vessel the homeport of which is not in the United

3 States (or a territory of the United States), the Secretary

4 of the Navy may not during the 15-month period preceding

5 the planned reassignment of the vessel to a homeport in the

6 United States (or a territory of the United States) begin

7 any work for the overhaul, repair, or maintenance of the

8 vessel that is scheduled to be for a period of more than six

9 months.

10 ‘‘(2) In the case of a naval vessel the homeport of which

11 is in the United States (or a territory of the United States),

12 the Secretary of the Navy shall during the 15-month period

13 preceding the planned reassignment of the vessel to a home14 port not in the United States (or a territory of the United

15 States) perform in the United States (or a territory of the

16 United States) any work for the overhaul, repair, or main17 tenance of the vessel that is scheduled to be for a period

18 of more than six months.’’.

19 SEC. 370. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES

20 WHO DIE WHILE SERVING IN AN ARMED CON21 FLICT WITH THE ARMED FORCES.

22 (a) IN GENERAL.—Chapter 75 of title 10, United

23 States Code, is amended by inserting after section 1482 the

24 following new section:
130

HR 2401 RH

1 ‘‘§ 1482a. Expenses incident to death: civilian employ2 ees serving in a contingency operation

3 ‘‘(a) PAYMENT OF EXPENSES.—The Secretary con4 cerned may pay the following expenses incident to the death

5 of a civilian employee who dies while serving with an

6 armed force in a contingency operation:

7 ‘‘(1) Round-trip transportation and prescribed

8 allowances for one person to escort the remains of the

9 employee to the place authorized under section

10 5742(b)(1) of title 5.

11 ‘‘(2) Presentation of a flag of the United States

12 to the next of kin of the employee.

13 ‘‘(3) Presentation of a flag of equal size to the

14 flag presented under paragraph (2) to the parents or

15 parent of the employee, if the person to be presented

16 a flag under paragraph (2) is other than the parent

17 of the employee.

18 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

19 prescribe regulations to implement this section. The Sec20 retary of Transportation shall prescribe regulations to im21 plement this section with regard to civilian employees of

22 the Department of Transportation. Such regulations shall

23 be uniform to the extent possible.

24 ‘‘(c) DEFINITIONS.—In this section:

25 ‘‘(1) The term ‘parent’ has the meaning given

26 such term in section 1482(a)(11) of this title.
131

HR 2401 RH

1 ‘‘(2) The term ‘Secretary concerned’ includes the

2 Secretary of Defense with respect to employees of the

3 Department of Defense who are not employees of a

4 military department.’’.

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

6 the beginning of chapter 75 of such title is amended by in7 serting after the item relating to section 1482 the following

8 new item:

‘‘1482a. Expenses incident to death: civilian employees serving in a contingency

operation.’’.

9 (c) EFFECTIVE DATE.—The amendments made by this

10 section shall apply with respect to the payment of inciden11 tal expenses for civilian employees who die while serving

12 in a contingency operation that occurs after the date of the

13 enactment of this Act.

14 SEC. 371. MAINTENANCE OF PACIFIC BATTLE MONUMENTS.

15 (a) AUTHORITY.—The Commandant of the Marine

16 Corps may provide necessary minor maintenance and re17 pairs to the Pacific battle monuments until such time as

18 the Secretary of the American Battle Monuments Commis19 sion and the Commandant of the Marine Corps agree that

20 the repair and maintenance will be performed by the Amer21 ican Battle Monuments Commission.

22 (b) FUNDING.—Of the amounts made available to the

23 Marine Corps for operation and maintenance in a fiscal

24 year, not more than $15,000 shall be available to repair
132

HR 2401 RH

1 and maintain Pacific battle monuments, except that of the

2 amounts available to the Marine Corps for operation and

3 maintenance in fiscal year 1994, $150,000 shall be avail4 able to repair and relocate a monument located on Iwo

5 Jima commemorating the heroic efforts of American mili6 tary personnel during World War II.

7 SEC. 372. EXCLUSIVE USE OF AIRCRAFT CARRIER FOR

8 FULL-TIME TRAINING.

9 (a) SENSE OF CONGRESS.—It is the sense of the Con10 gress that the aviation training requirements of the Navy

11 can be adequately achieved in a safe and cost-effective man12 ner only if an aircraft carrier is used exclusively and on

13 a full-time basis to meet such requirements.

14 (b) USE OF CARRIER.—The Secretary of the Navy

15 shall use the U.S.S. Forestall (or another aircraft carrier

16 designated by the Secretary) exclusively and on a full-time

17 basis to meet the aviation training requirements of the

18 Navy.

19 SEC. 373. REPORT ON CERTAIN EDUCATIONAL ARRANGE20 MENTS FOR CHILDREN RESIDING ON MILI21 TARY INSTALLATIONS IN THE UNITED

22 STATES.

23 (a) REPORT.—(1) Not later than March 31, 1994, the

24 Secretary of Defense shall submit to the congressional com25 mittees referred to in paragraph (2) a report on any edu-
133

HR 2401 RH

1 cational arrangement referred to in subsection (b) that is

2 made by the Secretary of Defense for children residing on

3 military installations in the United States. The report shall

4 contain the assessment and recommendations of the Sec5 retary of Defense regarding the justification of the continu6 ing need for school facilities under any such educational

7 arrangement.

8 (2) The congressional committees referred to in para9 graph (1) are the Committees on Armed Services of the Sen10 ate and House of Representatives, the Committee on Labor

11 and Human Resources of the Senate, and the Committee

12 on Education and Labor of the House of Representatives.

13 (b) COVERED ARRANGEMENTS.—An educational ar14 rangement referred to in subsection (a) is an arrangement

15 of the kind that may be made under section 6 of the Act

16 of September 30, 1950 (20 U.S.C. 241).

17 SEC. 374. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.

18 (a) DEMONSTRATION PROJECT FOR USE OF PRO19 CEEDS FROM THE SALE OF CERTAIN PROPERTY.—(1) Sec20 tion 343(d)(1) of the National Defense Authorization Act

21 for Fiscal Years 1992 and 1993 (Public Law 102-190; 105

22 Stat. 1344) is amended by striking out ‘‘terminate at the

23 end of the two-year period beginning on the date of the en24 actment of this Act’’ and inserting in lieu thereof ‘‘termi25 nate on December 5, 1994’’.
134

HR 2401 RH

1 (2) Section 343(e) of such Act is amended by striking

2 out ‘‘60 days after the end of the two-year period described

3 in subsection (d)’’ and inserting in lieu thereof ‘‘February

4 3, 1995’’.

5 (b) AUTHORITY FOR AVIATION DEPOTS AND NAVAL

6 SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUC7 TION AND SERVICES.—Section 1425(e) of the National De8 fense Authorization Act for Fiscal Year 1991 (Public Law

9 101-510; 104 Stat. 1684) is amended by striking out ‘‘Sep10 tember 30, 1993’’ and inserting in lieu thereof ‘‘September

11 30, 1994’’.

12 (c) AUTHORITY OF BASE COMMANDERS OVER CON13 TRACTING FOR COMMERCIAL ACTIVITIES.—Section 2468(f)

14 of title 10, United States Code, is amended by striking out

15 ‘‘September 30, 1993’’ and inserting in lieu thereof ‘‘Sep16 tember 30, 1994’’.

17 Subtitle G—Environmental

18 Provisions

19 SEC. 381. MODIFICATION OF ANNUAL REPORT ON ENVIRON20 MENTAL RESTORATION AND COMPLIANCE BY

21 THE DEPARTMENT OF DEFENSE.

22 (a) IN GENERAL.—Section 2706 of title 10, United

23 States Code, is amended to read as follows:
135

HR 2401 RH

1 ‘‘§ 2706. Annual report to Congress

2 ‘‘(a) REPORT.—Each year, at the same time the Presi3 dent submits to the Congress the budget for a fiscal year

4 (pursuant to section 1105 of title 31), the Secretary of De5 fense shall submit to the Congress a report that describes

6 the progress made by the Secretary of Defense in imple7 menting environmental restoration and compliance activi8 ties at military installations.

9 ‘‘(b) CONTENTS OF REPORT.—Each such report shall

10 include the following:

11 ‘‘(1) With respect to environmental restoration

12 activities for each military installation, the following:

13 ‘‘(A) A statement of the number of individ14 ual facilities at which a hazardous substance has

15 been identified.

16 ‘‘(B) The status of response actions con17 templated or undertaken at each such facility.

18 ‘‘(C) The specific cost estimates and budg19 etary proposals involving response actions con20 templated or undertaken at each such facility.

21 ‘‘(D) The amount of funds obligated for

22 each response action, and the progress made on

23 implementing the response action, during the

24 previous fiscal year, with explanations for any

25 cost variance from such previous year’s estimates

26 of more than 15 percent or $10,000,000 (which-
136

HR 2401 RH

1 ever is greater), or any schedule slippage of more

2 than 180 days.

3 ‘‘(E) The amount allocated for, and the

4 progress the Department expects to make in im5 plementing, each response action during the cur6 rent fiscal year.

7 ‘‘(F) The amount requested for each re8 sponse action for the fiscal year for which the

9 President’s budget is submitted, and the progress

10 the Secretary expects to make during that fiscal

11 year in implementing the response action. If

12 such information is not available at the time of

13 the submission of the report, the Secretary shall,

14 to the maximum extent possible, provide the in15 formation in a supplemental report not later

16 than 30 days after submission of the report.

17 ‘‘(G) The costs incurred to date for each re18 sponse action.

19 ‘‘(H) The estimated cost to complete the en20 vironmental restoration activities, including,

21 where relevant, the estimated cost in five-year in22 crements.

23 ‘‘(I) The estimated final date for completion

24 of the environmental restoration activities, in-
137

HR 2401 RH

1 cluding, where relevant, the estimated progress,

2 in five-year increments, toward completion.

3 ‘‘(2) With respect to compliance activities, the

4 following:

5 ‘‘(A) A statement of the funding levels and

6 full-time personnel required for the Department

7 of Defense to comply with applicable environ8 mental laws during the fiscal year for which the

9 budget is submitted. The statement shall set forth

10 separately the funding levels and personnel re11 quired for the Department of Defense as a whole

12 and for each military installation.

13 ‘‘(B) A statement of the funding levels and

14 full-time personnel requested for such purposes in

15 the budget as submitted by the President, to16 gether with an explanation of any differences be17 tween the funding level and personnel require18 ments and the funding level and personnel re19 quests in the budget. The statement shall set forth

20 separately the funding levels and full-time per21 sonnel requested for the Department of Defense

22 as a whole and for each military installation.

23 ‘‘(C) A projection of the funding levels and

24 full-time personnel that will be required over the

25 next five fiscal years for the Department of De-
138

HR 2401 RH

1 fense to comply with applicable environmental

2 laws, set forth separately for the Department of

3 Defense as a whole and for each military instal4 lation.

5 ‘‘(D) An analysis of the effect that compli6 ance with such environmental laws may have on

7 the operations and mission capabilities of the

8 Department of Defense as a whole and of each

9 military installation.

10 ‘‘(E) A statement of the funding levels re11 quested in the budget for carrying out research,

12 development, testing, and evaluation for environ13 mental purposes or environmental activities of

14 the Department of Defense. The statement shall

15 set forth separately the funding levels requested

16 for the Department of Defense as a whole and for

17 each military department and Defense Agency.

18 ‘‘(F) A description of the number and duties

19 of current full-time personnel, both civilian and

20 military, who carry out environmental activities

21 (including research) for the Department of De22 fense, including a description of the organiza23 tional structure of such personnel from the Sec24 retary of Defense down to the military installa25 tion level.
139

HR 2401 RH

1 ‘‘(G) A statement of the funding levels and

2 personnel required for the Department of Defense

3 to comply with applicable environmental re4 quirements for military installations located out5 side the United States during the fiscal year for

6 which the budget is submitted.

7 ‘‘(c) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘military installation’—

9 ‘‘(A) includes—

10 ‘‘(i) each facility or site owned by,

11 leased to, or otherwise possessed by the

12 United States and under the jurisdiction of

13 the Secretary;

14 ‘‘(ii) each facility or site which was

15 under the jurisdiction of the Secretary and

16 owned by, leased to, or otherwise possessed

17 by the United States at the time of actions

18 leading to contamination by hazardous sub19 stances; and

20 ‘‘(iii) each facility or site at which the

21 Secretary is conducting environmental res22 toration activities funded through the De23 fense Environmental Restoration Account

24 established under section 2703, the Depart25 ment of Defense Base Closure Account 1990
140

HR 2401 RH

1 established under section 2906 of the De2 fense Base Closure and Realignment Act of

3 1990 (title XXIX of Public Law 101–510;

4 10 U.S.C. 2687 note), the Department of

5 Defense Base Closure Account established

6 under section 207 of the Defense Authoriza7 tion Amendments and Base Closure and Re8 alignment Act (10 U.S.C. note), a successor

9 account to any such accounts, or any other

10 account established in connection with the

11 closing or realigning of a military installa12 tion;

13 ‘‘(B) means a base, camp, post, station,

14 yard, center, or other activity under the jurisdic15 tion of the Department of Defense, including any

16 leased facility, which is located within any of the

17 several States, the District of Columbia, the

18 Commonwealth of Puerto Rico, American

19 Samoa, the Virgin Islands, or Guam; and

20 ‘‘(C) does not include any facility used pri21 marily for civil works, rivers and harbors

22 projects, or flood control projects.

23 ‘‘(2) The term ‘response’ has the same meaning

24 given such term in section 101(25) of the Comprehen-
141

HR 2401 RH

1 sive Environmental Response, Compensation, and Li2 ability Act of 1980 (42 U.S.C. 9601(25)).’’.

3 (b) CLERICAL AMENDMENT.—The item relating to sec4 tion 2706 in the table of sections at the beginning of chapter

5 160 of such title is amended to read as follows:

‘‘2706. Annual report to Congress.’’.

6 SEC. 382. INDEMNIFICATION OF TRANSFEREES OF CLOSING

7 DEFENSE PROPERTY.

8 Section 330 of the National Defense Authorization Act

9 for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2371)

10 is amended—

11 (1) in subsection (a)(1)—

12 (A) by striking out ‘‘hazardous substance or

13 pollutant or contaminant’’ and inserting in lieu

14 thereof ‘‘hazardous substance, pollutant or con15 taminant, or petroleum or its derivatives’’; and

16 (B) by inserting ‘‘(including the activities

17 of any contractor or subcontractor of the Depart18 ment of Defense other than a response action

19 contractor)’’ after ‘‘Department of Defense activi20 ties’’;

21 (2) in subsection (a)(2), by striking out ‘‘de22 scribed in this paragraph’’ and inserting in lieu

23 thereof ‘‘referred to in paragraph (1)’’;

24 (3) in subsection (a)(3)—
142

HR 2401 RH

1 (A) by striking out ‘‘the persons and enti2 ties described in paragraph (2)’’ and inserting

3 in lieu thereof ‘‘a person or entity described in

4 paragraph (2)’’; and

5 (B) by inserting ‘‘to that person or entity’’

6 before the period;

7 (4) in subsection (b)—

8 (A) in paragraph (2), by inserting ‘‘person

9 or’’ before ‘‘entity’’; and

10 (B) in paragraph (4), by inserting ‘‘person

11 or’’ before ‘‘entity’’;

12 (5) in subsection (c), by inserting ‘‘or entity’’

13 after ‘‘person’’ each place it appears;

14 (6) in subsection (d)—

15 (A) by striking out ‘‘plaintiff’’ and insert16 ing in lieu thereof ‘‘person or entity seeking in17 demnification under this section’’; and

18 (B) by striking out ‘‘hazardous substance or

19 pollutant or contaminant’’ and inserting in lieu

20 thereof ‘‘hazardous substance, a pollutant or con21 taminant, or petroleum or its derivatives’’; and

22 (7) in subsection (f)—

23 (A) in paragraph (1)—

24 (i) by inserting ‘‘ ‘remedial action’, ‘re25 sponse’,’’ after ‘‘ ‘release’,’’; and
143

HR 2401 RH

1 (ii) by inserting ‘‘(24), (25),’’ after

2 ‘‘(22),’’ each place it appears; and

3 (B) by adding after paragraph (3) the fol4 lowing new paragraph:

5 ‘‘(4) The term ‘response action contractor’ has

6 the meaning given such term in section 119(e)(2) of

7 the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C.

9 9619(e)(2)), except that such term includes a person

10 who enters into, and is carrying out, a contract to

11 provide at a facility (including a facility not listed

12 on the National Priorities List) a response action

13 with respect to any release or threatened release from

14 the facility of a hazardous substance or pollutant or

15 contaminant, or a similar action with respect to pe16 troleum or its derivatives.’’.

17 TITLE IV—MILITARY PERSONNEL

18 AUTHORIZATIONS

19 Subtitle A—Active Forces

20 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

21 The Armed Forces are authorized strengths for active

22 duty personnel as of September 30, 1994, as follows:

23 (1) The Army, 540,000.

24 (2) The Navy, 480,800.

25 (3) The Marine Corps, 174,100.
144

HR 2401 RH

1 (4) The Air Force, 425,700.

2 Subtitle B—Reserve Forces

3 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

5 strengths for Selected Reserve personnel of the reserve com6 ponents as of September 30, 1994, as follows:

7 (1) The Army National Guard of the United

8 States, 410,000.

9 (2) The Army Reserve, 260,000.

10 (3) The Naval Reserve, 113,400.

11 (4) The Marine Corps Reserve, 36,900.

12 (5) The Air National Guard of the United

13 States, 117,700.

14 (6) The Air Force Reserve, 81,500.

15 (7) The Coast Guard Reserve, 10,000.

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

17 may increase the end strength authorized by subsection (a)

18 by not more than 2 percent.

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

20 subsection (a) for the Selected Reserve of any reserve compo21 nent shall be reduced proportionately by—

22 (1) the total authorized strength of units orga23 nized to serve as units of the Selected Reserve of such

24 component which are on active duty (other than for

25 training) at the end of the fiscal year, and
145

HR 2401 RH

1 (2) the total number of individual members not

2 in units organized to serve as units of the Selected

3 Reserve of such component who are on active duty

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

6 of the fiscal year.

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

9 strength prescribed for such fiscal year for the Selected Re10 serve of such reserve component shall be increased propor11 tionately by the total authorized strengths of such units and

12 by the total number of such individual members.

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 Within the end strengths prescribed in section 402(b),

16 the reserve components of the Armed Forces are authorized,

17 as of September 30, 1994, the following number of Reserves

18 to be serving on full-time active duty or, in the case of mem19 bers of the National Guard, full-time National Guard duty

20 for the purpose of organizing, administering, recruiting, in21 structing, or training the reserve components:

22 (1) The Army National Guard of the United

23 States, 24,180.

24 (2) The Army Reserve, 12,542.

25 (3) The Naval Reserve, 19,369.
146

HR 2401 RH

1 (4) The Marine Corps Reserve, 2,119.

2 (5) The Air National Guard of the United

3 States, 9,389.

4 (6) The Air Force Reserve, 648.

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

6 GRADES AUTHORIZED TO BE ON ACTIVE

7 DUTY IN SUPPORT OF THE RESERVES.

8 (a) SENIOR ENLISTED MEMBERS.—Effective on Octo9 ber 1, 1993, the table in section 517(b) of title 10, United

10 States Code, is amended to read as follows:

‘‘Grade Army Navy Air Force Marine

Corps

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

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

11 (b) OFFICERS.—Effective on October 1, 1993, the table

12 in section 524(a) of such title is amended to read as follows:

‘‘Grade Army Navy Air Force Marine

Corps

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

Lieutenant Colonel or Commander ....................................... 1,524 520 636 75

Colonel or Navy Captain ............. 372 188 274 25’’.

13 SEC. 414. FORCE STRUCTURE ALLOWANCE FOR ARMY NA14 TIONAL GUARD.

15 (a) MINIMUM FORCE STRUCTURE LEVEL.—The force

16 structure allowance for the Army National Guard of the

17 United States for fiscal year 1994 shall be not less than

18 420,000.
147

HR 2401 RH

1 (b) FORCE STRUCTURE ALLOWANCE DEFINED.—For

2 purposes of this section, the force structure allowance for

3 a reserve component is the allowance prescribed for that re4 serve component by the Secretary of the military depart5 ment concerned pursuant to section 413 of the National De6 fense Authorization Act for Fiscal Year 1993 (Public Law

7 102–484; 106 Stat. 2400).

8 SEC. 415. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPOR9 TUNITY (COOP) PROGRAM.

10 (a) FISCAL YEAR 1994.—The Secretary of the Navy

11 shall ensure that none of the end strength reduction pro12 jected for the Naval Reserve in this Act shall be derived from

13 personnel authorizations assigned to the Craft of Oppor14 tunity mission.

15 (b) PERMANENT STAFFING LEVEL.—The number of

16 personnel authorizations assigned to the Craft of Oppor17 tunity mission shall be maintained during fiscal year 1994

18 and thereafter at not less than the level in effect on Septem19 ber 30, 1991.

20 Subtitle C—Military Training

21 Student Loads

22 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

23 (a) IN GENERAL.—For fiscal year 1994, the compo24 nents of the active and reserve Armed Forces are authorized

25 average military training student loads as follows:
148

HR 2401 RH

1 (1) The Army, 75,220.

2 (2) The Navy, 45,269.

3 (3) The Marine Corps, 22,753.

4 (4) The Air Force, 33,439.

5 (b) ADJUSTMENTS.—The average military training

6 student loads authorized in subsection (a) shall be adjusted

7 consistent with the end strengths authorized in subtitles A

8 and B. The Secretary of Defense shall prescribe the manner

9 in which such adjustments shall be apportioned.

10 SEC. 422. STUDENT LOADS AT WAR COLLEGES AND AT COM11 MAND AND GENERAL STAFF COLLEGES.

12 (a) REQUIRED STUDENT LEVELS.—The Secretary of

13 Defense shall ensure that the number of students at each

14 of the war colleges and at each of the command and general

15 staff colleges is maintained during fiscal year 1994 at the

16 same level as was in effect on October 1, 1992, for each

17 such college.

18 (b) COVERED SCHOOLS.—For purposes of subsection

19 (a)—

20 (1) the war colleges are the National War Col21 lege, the Industrial College of the Armed Forces, the

22 Army War College, the College of Naval Warfare, and

23 the Air War College; and

24 (2) the command and general staff colleges are

25 the Armed Forces Staff College, the Army Command
149

HR 2401 RH

1 and General Staff Course, the College of Naval Com2 mand and Staff, the Air Command and Staff College,

3 and the Marine Corps Command and Staff College.

4 Subtitle D—Authorization of

5 Appropriations

6 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI7 TARY PERSONNEL.

8 There is hereby authorized to be appropriated to the

9 Department of Defense for military personnel for fiscal year

10 1994 a total of $70,671,147,000. The authorization in the

11 preceding sentence supersedes any other authorization of

12 appropriations (definite or indefinite) for such purpose for

13 fiscal year 1994.

14 TITLE V—MILITARY PERSONNEL

15 POLICY

16 Subtitle A—Active Components

17 SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR SEPARA18 TION PAY FOR REGULAR OFFICERS INVOLUN19 TARILY DISCHARGED.

20 (a) PERIOD OF SERVICE REQUIRED FOR ELIGI21 BILITY.—Section 1174(a)(1) of title 10, United States Code,

22 is amended by striking out ‘‘five’’ and inserting in lieu

23 thereof ‘‘six’’.

24 (b) EFFECTIVE DATE.—(1) Except as provided in

25 paragraph (2), the amendment made by subsection (a) shall
150

HR 2401 RH

1 apply with respect to any regular officer who is discharged

2 after the date of the enactment of this Act.

3 (2) The amendment made by subsection (a) shall not

4 apply with respect to an officer who on the date of the enact5 ment of this Act has five or more, but less than six, years

6 of active service in the Armed Forces.

7 SEC. 502. EXTENSION OF ELIGIBILITY FOR VOLUNTARY

8 SEPARATION INCENTIVE AND SPECIAL SEPA9 RATION BENEFITS PROGRAMS.

10 Sections 1174a(c)(2) and 1175(d)(1) of title 10, United

11 States Code, are amended by striking out ‘‘December 5,

12 1991’’ and inserting in lieu thereof ‘‘the date of the enact13 ment of the National Defense Authorization Act for Fiscal

14 Year 1994’’.

15 SEC. 503. ELIGIBILITY FOR INVOLUNTARY SEPARATION

16 BENEFITS.

17 Section 1141 of title 10, United States Code, is amend18 ed by striking out ‘‘September 30, 1990’’ and inserting in

19 lieu thereof ‘‘September 30, 1991’’.

20 SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR TEM21 PORARY PROMOTION OF CERTAIN NAVY LIEU22 TENANTS.

23 (a) EXTENSION.—Section 5721(f) of title 10, United

24 States Code, is amended by striking out ‘‘September 30,

25 1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
151

HR 2401 RH

1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect as of September 30, 1993.

3 SEC. 505. OFFICERS INELIGIBLE FOR CONSIDERATION BY

4 EARLY RETIREMENT BOARDS.

5 Section 638(e)(2)(B) of title 10, United States Code,

6 is amended—

7 (1) by inserting ‘‘(i)’’ after ‘‘grade and competi8 tive category’’;

9 (2) by inserting ‘‘(ii)’’ after ‘‘of this title, or’’;

10 and

11 (3) by striking out the comma after ‘‘any provi12 sion of law’’.

13 SEC. 506. REMEDY FOR INEFFECTIVE COUNSELING OF OFFI14 CERS DISCHARGED FOLLOWING SELECTION

15 BY EARLY DISCHARGE BOARDS.

16 (a) PROCEDURE FOR REVIEW.—(1) The Secretary of

17 each military department shall establish a procedure for the

18 review of the individual circumstances of an officer de19 scribed in paragraph (2) who is discharged, or who the Sec20 retary concerned approves for discharge, following the re21 port of a selection board convened by the Secretary to select

22 officers for separation.

23 (2) This section applies in the case of any officer (in24 cluding a warrant officer) who, having been offered the op25 portunity to be discharged or otherwise separated from ac-
152

HR 2401 RH

1 tive duty through the programs provided under section

2 1174a and 1175 of title 10, United States Code, elected not

3 to accept such discharge or separation.

4 (b) APPLICATION.—A review under this section shall

5 be conducted in any case submitted to the Secretary con6 cerned by application from the officer or former officer

7 under regulations prescribed by the Secretary.

8 (c) PURPOSE OF REVIEW.—(1) The review under this

9 section shall be designed to evaluate the effectiveness of the

10 counseling of the officer before the convening of the board

11 to ensure that the officer was properly informed that selec12 tion for discharge or other separation from active duty was

13 a potential result of being within the group of officers to

14 be considered by the board and that the officer was not im15 properly informed that such selection in that officer’s per16 sonal case was unlikely.

17 (2) The Secretary shall consider each case on its mer18 its, but shall make a finding of ineffective counseling if an

19 individual was instructed by an official source before the

20 convening of the board that the officer’s risk of discharge

21 was reduced by the quality of the officer’s record or by an

22 expected limitation on the number of discharges from the

23 officer’s occupational skill category, branch, corps, or other

24 administrative grouping of officers.
153

HR 2401 RH

1 (3) For purposes of this subsection, the term ‘‘official

2 source’’ means any office or individual within a military

3 department that could reasonably be expected to provide in4 formation on an individual personnel record or personnel

5 policy.

6 (d) REMEDY.—Upon a finding of ineffective counseling

7 under subsection (c), the Secretary shall provide the officer

8 the opportunity to participate, at the officer’s option, in

9 any one of the following programs:

10 (1) The Special Separation Benefits Programs

11 under section 1174a of title 10, United States Code.

12 (2) The Voluntary Separation Incentive program

13 under section 1175 of such title.

14 (3) The Temporary Early Retirement Authority

15 as authorized by section 4403 of the National Defense

16 Authorization Act for Fiscal Year 1993 (Public Law

17 102–484, October 23, 1992).

18 The officer must meet all eligibility criteria for the program

19 selected.

20 (e) EFFECTIVE DATE.—This section shall apply with

21 respect to officers separated after September 30, 1990.
154

HR 2401 RH

1 Subtitle B—Reserve Components

2 SEC. 511. EXPANSION OF SELECTED RESERVE CALL-UP PE3 RIOD FROM 90 DAYS TO 180 DAYS.

4 Section 673b of title 10, United States Code, is

5 amended—

6 (1) by striking out ‘‘90 days’’ in subsection (a)

7 and inserting in lieu thereof ‘‘180 days’’; and

8 (2) by striking out ‘‘90 additional days’’ in sub9 section (i) and inserting in lieu thereof ‘‘180 addi10 tional days’’.

11 SEC. 512. NUMBER OF FULL-TIME RESERVE PERSONNEL

12 WHO MAY BE ASSIGNED TO ROTC DUTY.

13 Section 690 of title 10, United States Code, is amended

14 by striking out ‘‘may not exceed 200’’ and inserting in lieu

15 thereof ‘‘may not exceed 275’’.

16 SEC. 513. REPEAL OF MANDATED REDUCTION IN ARMY RE17 SERVE COMPONENT FULL-TIME MANNING

18 END STRENGTH.

19 Section 412 of the National Defense Authorization Act

20 for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 261

21 note) is amended by striking out subsections (b) and (c).

22 SEC. 514. TWO-YEAR EXTENSION OF CERTAIN RESERVE OF23 FICER MANAGEMENT PROGRAMS.

24 (a) GRADE DETERMINATION AUTHORITY FOR CERTAIN

25 RESERVE MEDICAL OFFICERS.—Sections 3359(b) and
155

HR 2401 RH

1 8359(b) of title 10, United States Code, are each amended

2 by striking ‘‘September 30, 1993’’ and inserting in lieu

3 thereof ‘‘September 30, 1995’’.

4 (b) PROMOTION AUTHORITY FOR CERTAIN RESERVE

5 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

6 and 8380(d) of such title are each amended by striking out

7 ‘‘September 30, 1993’’ and inserting in lieu thereof ‘‘Sep8 tember 30, 1995’’.

9 (c) YEARS OF SERVICE FOR MANDATORY TRANSFER

10 TO THE RETIRED RESERVE.—Section 1016(d) of the De11 partment of Defense Authorization Act, 1984 (10 U.S.C.

12 3360 note) is amended by striking out ‘‘September 30,

13 1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.

14 (d) EFFECTIVE DATE.—(1) The amendments made by

15 this section shall take effect as of September 30, 1993.

16 (2) If the date of the enactment of this Act is after

17 September 30, 1993, the Secretary of the Army or the Sec18 retary of the Air Force, as appropriate, shall provide, in

19 the case of a Reserve officer appointed to a higher grade

20 on or after the date of the enactment of this Act under an

21 appointment described in paragraph (3), that the date of

22 rank of such officer under that appointment shall be the

23 date of rank that would have applied to the appointment

24 had the authority referred to in that paragraph not lapsed.
156

HR 2401 RH

1 (3) An appointment referred to in paragraph (2) is

2 an appointment under section 3380 or 8380 of title 10,

3 United States Code, that (as determined by the Secretary

4 concerned) would have been made during the period begin5 ning on October 1, 1993, and ending on the date of the

6 enactment of this Act had the authority to make appoint7 ments under that section not lapsed during such period.

8 SEC. 515. CADRE DIVISIONS.

9 (a) REQUIREMENT TO ESTABLISH.—The Secretary of

10 the Army shall, not later than September 30, 1995, establish

11 one or more active cadre divisions of the Army as reserve

12 component training divisions. Each such active cadre divi13 sion shall be part of the active Army force structure and

14 shall have a commander who is on the active-duty list of

15 the Army.

16 (b) IMPLEMENTATION PLAN.—The Secretary of the

17 Army shall during fiscal year 1994 submit to the Commit18 tees on Armed Services of the Senate and House of Rep19 resentatives a plan to meet the requirement in subsection

20 (a). The plan shall include a proposal for any statutory

21 changes that the Secretary considers to be necessary for the

22 implementation of the plan.
157

HR 2401 RH

1 SEC. 516. TEST PROGRAM FOR RESERVE COMBAT MANEU2 VER UNIT INTEGRATION.

3 (a) PLAN FOR TEST PROGRAM.—The Secretary of the

4 Army shall prepare a plan for carrying out a test program

5 to determine the feasibility and advisability of applying the

6 roundout and roundup models for integration of active and

7 reserve component Army units at the battalion and com8 pany levels.

9 (b) PURPOSE OF TEST PROGRAM.—The purpose of the

10 test program shall be to evaluate whether the roundout and

11 roundup concepts if applied at the battalion and company

12 levels would—

13 (1) decrease post-mobilization training time;

14 (2) increase the capabilities of reserve component

15 leaders;

16 (3) improve the integration of the active and re17 serve components; and

18 (4) provide a more efficient means for future ex19 pansion of the Army in a period of emergency or in20 creasing international threats to the vital interests of

21 the United States.

22 (c) REPORT ON PLAN.—The Secretary of the Army

23 shall submit to Congress not later than March 31, 1994,

24 a report that includes the plan for the test program required

25 under subsection (a).
158

HR 2401 RH

1 (d) DEFINITIONS.—For purposes of this section, the

2 terms ‘‘roundout’’ and ‘‘roundup’’ refer to two approaches

3 for integrating Army reserve component (Army National

4 Guard and Army Reserve) combat units into active Army

5 corps, divisions, brigades, and battalions after mobilization.

6 The roundout approach is the method of bringing an incom7 plete active unit up to full strength by assigning one or

8 more reserve component units to it. The roundup approach

9 is the use of reserve component units to augment or expand

10 active units that are already at full strength.

11 SEC. 517. REVISIONS TO PILOT PROGRAM FOR ACTIVE COM12 PONENT SUPPORT OF THE RESERVES.

13 (a) ACTIVE COMPONENT ADVISERS.—(1) Subsection

14 (c) of section 414 of the National Defense Authorization Act

15 for Fiscal Years 1992 and 1993 (Public Law 102–190; 10

16 U.S.C. 261 note) is amended to read as follows:

17 ‘‘(c) PERSONNEL TO BE ASSIGNED.—The Secretary

18 shall assign not less than 2,000 active component personnel

19 to serve as advisers under the program. After September 30,

20 1994, the number under the preceding sentence shall be in21 creased to not less than 5,000.’’.

22 (2) Subsection (d) of such section is amended by strik23 ing out the period at the end of the second sentence and

24 inserting in lieu thereof ‘‘, together with a proposal for any
159

HR 2401 RH

1 statutory changes that the Secretary considers necessary to

2 implement the program on a permanent basis.’’.

3 (b) ANNUAL REPORT ON IMPLEMENTATION.—(1) The

4 Secretary of the Army shall include in the annual report

5 of the Secretary to Congress known as the Army Posture

6 Statement a presentation relating to the implementation of

7 the Pilot Program for Active Component Support of the Re8 serves under section 414 of the National Defense Authoriza9 tion Act for Fiscal Years 1992 and 1993 (Public Law 102–

10 190; 10 U.S.C. 261 note), as amended by subsection (a).

11 (2) Each such presentation shall include, with respect

12 to the period covered by the report, the following informa13 tion:

14 (A) The promotion rate for officers considered for

15 promotion from within the promotion zone who are

16 serving as active component advisers to units of the

17 Selected Reserve of the Ready Reserve (in accordance

18 with that program) compared with the promotion

19 rate for other officers considered for promotion from

20 within the promotion zone in the same pay grade and

21 the same competitive category, shown for all officers

22 of the Army.

23 (B) The promotion rate for officers considered for

24 promotion from below the promotion zone who are

25 serving as active component advisers to units of the
160

HR 2401 RH

1 Selected Reserve of the Ready Reserve (in accordance

2 with that program) compared in the same manner as

3 specified in subparagraph (A).

4 SEC. 518. REVISION OF CERTAIN DEADLINES UNDER ARMY

5 GUARD COMBAT REFORM INITIATIVE.

6 (a) DELAY IN MINIMUM PERCENTAGE OF PRIOR AC7 TIVE-DUTY PERSONNEL.—(1) Subsection (b) of section 1111

8 of the Army National Guard Combat Readiness Reform Act

9 of 1992 (title XI of Public Law 102–484; 10 U.S.C. 3077

10 note; 106 Stat. 2537) is amended by striking out ‘‘fiscal

11 years 1993 through 1997’’ and inserting in lieu thereof ‘‘fis12 cal years 1994 through 1997’’.

13 (2) Subsection (d) of such section is amended by strik14 ing out ‘‘March 15, 1993’’ and ‘‘April 1, 1993’’ and insert15 ing in lieu thereof ‘‘December 15, 1993’’ and ‘‘January 15,

16 1994’’, respectively.

17 (b) REPORT ON DENTAL READINESS OF MEMBERS OF

18 EARLY DEPLOYING UNITS.—Section 1118(b) of such Act

19 (106 Stat. 2539) is amended by striking out ‘‘February 15,

20 1993’’ and inserting in lieu thereof ‘‘October 1, 1993’’.

21 SEC. 519. ANNUAL REPORT ON IMPLEMENTATION OF ARMY

22 NATIONAL GUARD REFORM INITIATIVE.

23 (a) IN GENERAL.—Chapter 307 of title 10, United

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

25 new section:
161

HR 2401 RH

1 ‘‘§ 3083. Army National Guard Reform Initiative: an2 nual report

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

4 include in the annual report of the Secretary to Congress

5 known as the Army Posture Statement a detailed presen6 tation concerning the Army National Guard, including

7 particularly information relating to the implementation of

8 the Army National Guard Combat Readiness Reform Act

9 of 1992 (title XI of Public Law 102–484; 106 Stat. 2536

10 et seq.) (hereinafter in this section referred to as

11 ‘ANGCRRA’).

12 ‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each

13 presentation under subsection (a) shall include, with respect

14 to the period covered by the report, the following informa15 tion concerning the Army National Guard:

16 ‘‘(1) The number and percentage of officers with

17 at least two years of active-duty before becoming a

18 member of the Army National Guard.

19 ‘‘(2) The number and percentage of enlisted per20 sonnel with at least two years of active-duty before be21 coming a member of the Army National Guard.

22 ‘‘(3) The number of officers who are graduates of

23 one of the service academies and were released from

24 active duty before the completion of their active-duty

25 service obligation and of those officers—
162

HR 2401 RH

1 ‘‘(A) the number who are serving the re2 maining period of their active-duty service obli3 gation as a member of the Selected Reserve pur4 suant to section 1112(a)(1) of ANGCRRA; and

5 ‘‘(B) the number for whom waivers were

6 granted by the Secretary under section

7 1112(a)(2) of ANGCRRA and the reason for each

8 waiver.

9 ‘‘(4) The number of officers who were commis10 sioned as distinguished Reserve Officers’ Training

11 Corps graduates and were released from active duty

12 before the completion of their active-duty service obli13 gation and of those officers—

14 ‘‘(A) the number who are serving the re15 maining period of their active-duty service obli16 gation as a member of the Selected Reserve pur17 suant to section 1112(a)(1) of ANGCRRA; and

18 ‘‘(B) the number for whom waivers were

19 granted by the Secretary under section

20 1112(a)(2) of ANGCRRA and the reason for each

21 waiver.

22 ‘‘(5) The number of officers who are graduates of

23 the Reserve Officers’ Training Corps program and

24 who are performing their minimum period of obli25 gated service in accordance with section 1112(b) of
163

HR 2401 RH

1 ANGCRRA by a combination of (A) two years of ac2 tive duty, and (B) such additional period of service

3 as is necessary to complete the remainder of such obli4 gation served in the National Guard and, of those of5 ficers, the number for whom permission to perform

6 their minimum period of obligated service in accord7 ance with that section was granted during the preced8 ing fiscal year.

9 ‘‘(6) The number of officers for whom rec10 ommendations were made during the preceding fiscal

11 year for a unit vacancy promotion to a grade above

12 first lieutenant and, of those recommendations, the

13 number and percentage that were concurred in by an

14 active-duty officer under section 1113(a) of

15 ANGCRRA, shown separately for each of the three

16 categories of officers set forth in section 1113(b) of

17 ANGCRRA.

18 ‘‘(7) The number of waivers during the preceding

19 fiscal year under section 1114 of ANGCRRA of any

20 standard prescribed by the Secretary establishing a

21 military education requirement for noncommissioned

22 officers and the reason for each such waiver.

23 ‘‘(8) The number and distribution by grade,

24 shown for each State, of personnel in the initial entry

25 training and nondeployability personnel accounting
164

HR 2401 RH

1 category established under 1115 of ANGCRRA for

2 members of the Army National Guard who have not

3 completed the minimum training required for deploy4 ment or who are otherwise not available for deploy5 ment.

6 ‘‘(9) The number of members of the Army Na7 tional Guard, shown for each State, that were dis8 charged during the previous fiscal year pursuant to

9 1115(c)(1) of ANGCRRA for not completing the mini10 mum training required for deployment within 24

11 months after entering the National Guard.

12 ‘‘(10) The number of waivers granted by the Sec13 retary during the previous fiscal year under section

14 1115(c)(2) of ANGCRRA, shown for each State, of the

15 requirement in section 1115(c)(1) of ANGCRRA de16 scribed in paragraph (9), and the reason for each

17 waiver.

18 ‘‘(11) The number of members, shown for each

19 State, who were screened during the preceding fiscal

20 year to determine whether they meet minimum phys21 ical profile standards required for deployment and, of

22 those members—

23 ‘‘(A) the number and percentage who did

24 not meet minimum physical profile standards

25 required for deployment; and
165

HR 2401 RH

1 ‘‘(B) the number and percentage who were

2 transferred pursuant to section 1116 of

3 ANGCRRA to the personnel accounting category

4 described in paragraph (8).

5 ‘‘(12) The number of members, and the percent6 age of the total membership, of the Army National

7 Guard, shown for each State, who underwent a medi8 cal screening during the previous fiscal year as pro9 vided in section 1117 of ANGCRRA.

10 ‘‘(13) The number of members, and the percent11 age of the total membership, of the Army National

12 Guard, shown for each State, who underwent a dental

13 screening during the previous fiscal year as provided

14 in section 1117 of ANGCRRA.

15 ‘‘(14) The number of members, and the percent16 age of the total membership, of the Army National

17 Guard, shown for each State, over the age of 40 who

18 underwent a full physical examination during the

19 previous fiscal year for purposes of section 1117 of

20 ANGCRRA.

21 ‘‘(15) The number of units of the Army National

22 Guard that are scheduled for early deployment in the

23 event of a mobilization and, of those units, the num24 ber that are dentally ready for deployment in accord25 ance with section 1118 of ANGCRRA.
166

HR 2401 RH

1 ‘‘(16) The estimated post-mobilization training

2 time for each Army National Guard combat unit, and

3 a description, displayed in broad categories and by

4 State, of what training would need to be accomplished

5 for Army National Guard combat units in a post-mo6 bilization period, for purposes of section 1119 of

7 ANGCRRA.

8 ‘‘(17) A description of the measures taken during

9 the preceding fiscal year to comply with the require10 ment in section 1120 of ANGCRRA to expand the use

11 of simulations, simulators, and advanced training de12 vices and technologies for members and units of the

13 Army National Guard.

14 ‘‘(18) Summary tables of unit readiness, shown

15 for each State, and drawn from the unit readiness

16 rating system as required by section 1121 of

17 ANGCRRA, including the personnel readiness rating

18 information and the equipment readiness assessment

19 information required by that section, together with—

20 ‘‘(A) explanations of the information shown

21 in the table; and

22 ‘‘(B) based on the information shown in the

23 tables, the Secretary’s overall assessment of the

24 deployability of units of the Army National

25 Guard, including a discussion of personnel defi-
167

HR 2401 RH

1 ciencies and equipment shortfalls in accordance

2 with such section 1121.

3 ‘‘(19) Summary tables, shown for each State, of

4 the results of inspections of units of the Army Na5 tional Guard by inspectors general or other commis6 sioned officers of the Regular Army under the provi7 sions of section 105 of title 32, together with expla8 nations of the information shown in the tables, and

9 including display of—

10 ‘‘(A) the number of such inspections;

11 ‘‘(B) identification of the entity conducting

12 each inspection;

13 ‘‘(C) the number of units inspected; and

14 ‘‘(D) the overall results of such inspections,

15 including the inspector’s determination for each

16 inspected unit of whether the unit met

17 deployability standards and, for those units not

18 meeting deployability standards, the reasons for

19 such failure and the status of corrective actions.

20 ‘‘(20) A listing for each Army National Guard

21 combat unit of the active-duty combat unit associated

22 with it in accordance with section 1131(a) of

23 ANGCRRA identification of each Army National

24 Guard unit, to be shown by State and to be accom25 panied, for each such National Guard unit, by—
168

HR 2401 RH

1 ‘‘(A) the assessment of the commander of

2 that associated active-duty unit of the man3 power, equipment, and training resource require4 ments of that National Guard unit in accord5 ance with section 1131(b)(3) of ANGCRRA; and

6 ‘‘(B) the results of the validation by the

7 commander of that associated active-duty unit of

8 the compatibility of that National Guard unit

9 with active duty forces in accordance with sec10 tion 1131(b)(4) of ANGCRRA.

11 ‘‘(21) A specification of the active-duty personnel

12 assigned to units of the Selected Reserve pursuant to

13 section 414(c)(4) of the National Defense Authoriza14 tion Act for Fiscal Years 1992 and 1993 (10 U.S.C.

15 261 note), shown (A) by State, (B) by rank of officers,

16 warrant officers, and enlisted members assigned, and

17 (C) by unit or other organizational entity of assign18 ment.

19 ‘‘(c) IMPLEMENTATION.—The requirement to include

20 in an presentation required by subsection (a) information

21 under any paragraph of subsection (b) shall take effect the

22 year following the year in which the provision of

23 ANGCRRA to which that paragraph pertains has taken ef24 fect. Before then, in the case of any such paragraph, the
169

HR 2401 RH

1 Secretary shall include any information that may be avail2 able concerning the topic covered by that paragraph.

3 ‘‘(d) DEFINITION.—In this section, the term ‘State’ in4 cludes the District of Columbia, Puerto Rico, Guam, and

5 the Virgin Islands.’’.

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

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

8 end the following new item:

‘‘3083. Army National Guard Reform Initiative: annual report.’’.

9 SEC. 520. FFRDC STUDY OF STATE AND FEDERAL MISSIONS

10 OF THE NATIONAL GUARD.

11 (a) STUDY REQUIRED.—The Secretary of Defense shall

12 provide for a study of the State and Federal missions of

13 the National Guard to be carried out by a federally funded

14 research and development center. The study shall consider

15 both the separate and integrated requirements (including

16 requirements pertaining to personnel, weapons, equipment,

17 and facilities) that derive from those missions.

18 (b) MATTERS TO BE INCLUDED.—The Secretary shall

19 require that the matters to be considered under the study

20 include the following:

21 (1) Whether the currently projected size for the

22 National Guard after the completion of the reductions

23 in the national defense structure planned through fis24 cal year 1998 will be adequate for the National

25 Guard to fulfill both its State and Federal missions.
170

HR 2401 RH

1 (2) Whether the system of assigning Federal mis2 sions to State Guard units could be altered to opti3 mize the Federal as well as the State capabilities of

4 the National Guard.

5 (3) Whether alternative arrangements, such as

6 cooperative development of National Guard capabili7 ties among the States grouped as regions, are advis8 able and feasible.

9 (4) Whether alternative Federal-State cost-shar10 ing arrangements should be implemented for National

11 Guard units whose principal function is to support

12 State missions.

13 (5) Such other matters related to the missions of

14 the National Guard and the corresponding require15 ments related to those missions as the Secretary may

16 specify or the center carrying out the study may de17 termine necessary.

18 (c) FFRDC REPORTS.—(1) The Secretary shall re19 quire the center carrying out the study to submit an interim

20 report not later than May 1, 1994, and a final report not

21 later than November 15, 1994. Each report shall include

22 the findings, conclusions, and recommendations of the cen23 ter concerning each of the matters referred to in subsection

24 (b).
171

HR 2401 RH

1 (2) The Secretary shall submit each such report to the

2 Committees on Armed Services of the Senate and House of

3 Representatives not later than 15 days after the date on

4 which it is received by the Secretary.

5 (d) EVALUATION AND REPORT OF FINAL FFRDC RE6 PORT.—(1) After the center carrying out the study submits

7 its final report, the Secretary of Defense, together with the

8 Secretary of the Army and the Secretary of the Air Force,

9 shall conduct an evaluation of the assumptions, analysis,

10 findings, and recommendations of that study.

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

12 shall submit to the Committees on Armed Services of the

13 Senate and House of Representatives a report on the eval14 uation under paragraph (1). The report shall be accom15 panied by any recommendations for legislative action that

16 the Secretary considers necessary as a result of the study

17 and evaluation required by this section.

18 (e) COOPERATION.—The Secretary shall ensure that

19 the center carrying out the study under this section has full

20 access to such information as the center requires for the pur21 poses of the study and that the center otherwise receives full

22 cooperation from all officials and entities of the Department

23 of Defense, including the National Guard, in carrying out

24 the study.
172

HR 2401 RH

1 SEC. 521. EDUCATIONAL ASSISTANCE FOR GRADUATE PRO2 GRAMS FOR MEMBERS OF THE SELECTED RE3 SERVE.

4 Section 2131 of title 10, United States Code, is

5 amended—

6 (1) in subsection (c)(1), by striking out ‘‘other

7 than’’ and all that follows through ‘‘level.’’ and insert8 ing in lieu thereof a period; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(i) A program of education in a course of instruction

12 beyond the baccalaureate degree level shall be provided

13 under this chapter, subject to the availability of appropria14 tions.’’.

15 SEC. 522. TRANSITION BENEFITS FOR COAST GUARD RE16 SERVE.

17 (a) APPLICABILITY OF CERTAIN BENEFITS.—The Sec18 retary of Transportation shall prescribe such regulations as

19 necessary so as to apply to the members of the Coast Guard

20 Reserve the provisions of subtitle B of title XLIV of the De21 fense Conversion, Reinvestment, and Transition Assistance

22 Act of 1992 (division D of Public Law 102–484; 106 Stat.

23 2712), including the amendments made by those provisions.

24 For purposes of the application of any of such provisions

25 to the Coast Guard Reserve, any reference in those provi26 sions to the Secretary of Defense or Secretary of a military
173

HR 2401 RH

1 department shall be treated as referring to the Secretary

2 of Transportation.

3 (b) REGULATIONS.—Regulations prescribed for the

4 purposes of this section shall to the extent practicable be

5 identical to the regulations prescribed by the Secretary of

6 Defense under those provisions.

7 (c) TEMPORARY SPECIAL RETIREMENT AUTHORITY.—

8 Section 1331a of title 10, United States Code, is amended—

9 (1) in subsection (a), by striking out ‘‘Secretary

10 of a military department’’ and inserting in lieu

11 thereof ‘‘Secretary concerned’’; and

12 (2) in subsection (c), by striking out ‘‘of the

13 military department’’; and

14 (3) in subsection (e), by striking out the period

15 at the end and inserting in lieu thereof ‘‘and by the

16 Secretary of Transportation with respect to the Coast

17 Guard.’’.

18 Subtitle C—Warrant Officers

19 SEC. 531. AUTHORIZATION FOR INVOLUNTARY SEPARATION

20 OF CERTAIN REGULAR WARRANT OFFICERS.

21 (a) IN GENERAL.—Chapter 33A of title 10, United

22 States Code, is amended by inserting after section 580 the

23 following new section:
174

HR 2401 RH

1 ‘‘§ 580a. Enhanced authority for selective early dis2 charges

3 ‘‘(a) The Secretary of Defense may authorize the Sec4 retary of a military department, during the two-year period

5 beginning on October 1, 1993, to take the action set forth

6 in subsection (b) with respect to regular warrant officers

7 of an armed force under the jurisdiction of that Secretary.

8 ‘‘(b) The Secretary of a military department may,

9 with respect to regular warrant officers of an armed force,

10 when authorized to do so under subsection (a), convene se11 lection boards under section 573(c) of this title to consider

12 for discharge regular warrant officers on the warrant officer

13 active-duty list—

14 ‘‘(1) who have served at least one year of active

15 duty in the grade currently held;

16 ‘‘(2) whose names are not on a list of warrant

17 officers recommended for promotion; and

18 ‘‘(3) who are not eligible to be retired under any

19 provision of law and are not within two years of be20 coming so eligible.

21 ‘‘(c)(1) In the case of an action under subsection (b),

22 the Secretary of the military department concerned may

23 submit to a selection board convened pursuant to that

24 subsection—
175

HR 2401 RH

1 ‘‘(A) the names of all regular warrant officers

2 described in that subsection in a particular grade and

3 competitive category; or

4 ‘‘(B) the names of all regular warrant officers

5 described in that subsection in a particular grade and

6 competitive category who also are in particular year

7 groups or specialties, or both, within that competitive

8 category.

9 ‘‘(2) The Secretary concerned shall specify the total

10 number of warrant officers to be recommended for discharge

11 by a selection board convened pursuant to subsection (b).

12 That number may not be more than 30 percent of the num13 ber of officers considered—

14 ‘‘(A) in each grade in each competitive category;

15 or

16 ‘‘(B) in each grade, year group, or specialty (or

17 combination thereof) in each competitive category.

18 ‘‘(3) The total number of regular warrant officers de19 scribed in subsection (b) from any of the armed forces (or

20 from any of the armed forces in a particular grade) who

21 may be recommended during a fiscal year for discharge by

22 a selection board convened pursuant to the authority of that

23 subsection may not exceed 70 percent of the decrease, as

24 compared to the preceding fiscal year, in the number of

25 warrant officers of that armed force (or the number of war-
176

HR 2401 RH

1 rant officers of that armed force in that grade) authorized

2 to be serving on active duty as of the end of that fiscal year.

3 ‘‘(4) A warrant officer who is recommended for dis4 charge by a selection board convened pursuant to the au5 thority of subsection (b) and whose discharge is approved

6 by the Secretary concerned shall be discharged on a date

7 specified by the Secretary concerned.

8 ‘‘(5) Selection of warrant officers for discharge under

9 this subsection shall be based on the needs of the service.

10 ‘‘(d) The discharge of any warrant officer pursuant to

11 this section shall be considered involuntary for purposes of

12 any other provision of law.’’.

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

14 the beginning of chapter 33A is amended by inserting after

15 the item relating to section 580 the following new item:

‘‘580a. Enhanced authority for selective early discharges.’’.

16 SEC. 532. DETERMINATION OF SERVICE FOR WARRANT OF17 FICER RETIREMENT SANCTUARY.

18 (a) EQUITY WITH OTHER MEMBERS.—Section

19 580(a)(4) of title 10, United States Code, is amended—

20 (1) by inserting ‘‘(except as provided in subpara21 graph (C))’’ in subparagraph (A) after ‘‘shall be sepa22 rated’’; and

23 (2) by adding at the end the following new sub24 paragraph:
177

HR 2401 RH

1 ‘‘(C) If on the date on which a warrant officer is to

2 be separated under subparagraph (A) the warrant officer

3 has at least 18 years of creditable active service, the warrant

4 officer shall be retained on active duty until retired under

5 paragraph (3) in the same manner as if the warrant officer

6 had had at least 18 years of service on the applicable date

7 under subparagraph (A) or (B) of that paragraph.’’.

8 (b) EFFECTIVE DATE.—The amendments made by sub9 section (a) shall apply to warrant officers who have not

10 been separated pursuant to section 580(a)(4) of title 10,

11 United States Code, before the date of enactment of this Act.

12 Subtitle D—Women in the Service

13 SEC. 541. REPEAL OF THE STATUTORY RESTRICTION ON

14 THE ASSIGNMENT OF WOMEN IN THE NAVY

15 AND MARINE CORPS.

16 (a) IN GENERAL.—Section 6015 of title 10, United

17 States Code, is repealed.

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

19 the beginning of chapter 555 of this title is amended by

20 striking out the item relating to section 6015.

21 SEC. 542. GENDER-NEUTRAL OCCUPATIONAL PERFORM22 ANCE STANDARDS.

23 (a) GENERAL REQUIREMENT.—In the case of any

24 military occupational career field that is open to both male
178

HR 2401 RH

1 and female members of the Armed Forces, the Secretary of

2 Defense—

3 (1) shall ensure that qualification of members of

4 the Armed Forces for, and continuance of members of

5 the Armed Forces in, that occupational career field is

6 evaluated on the basis of common, relevant perform7 ance standards, without differential standards or

8 evaluation on the basis of gender;

9 (2) may not use any gender quota, goal, or ceil10 ing except as specifically authorized by law; and

11 (3) may not change an occupational performance

12 standard for the purpose of increasing or decreasing

13 the number of women in that occupational career

14 field.

15 (b) REQUIREMENT FOR USE OF SPECIFIC PHYSICAL

16 REQUIREMENTS.—For any military occupational field that

17 is open to both male and female members of the Armed

18 Forces for which (as determined by the Secretary of De19 fense) muscular strength and endurance and cardiovascular

20 capacity are relevant to the performance of duties in that

21 field, the Secretary shall prescribe specific physical require22 ments for members of the Armed Forces in that field and

23 shall apply those physical requirements on a gender-neutral

24 basis.
179

HR 2401 RH

1 (c) NOTICE TO CONGRESS OF CHANGES.—At least 60

2 days before implementing any changes to occupational

3 standards for a military occupational field which are ex4 pected to result in an increase, or in a decrease, of at least

5 10 percent in the number of female members of the Armed

6 Forces who enter, or are assigned to, that occupational field,

7 the Secretary of Defense shall submit to Congress a report

8 providing notice of the change and the justification and ra9 tionale for the change.

10 SEC. 543. NOTICE TO CONGRESS OF CHANGES TO GROUND

11 COMBAT EXCLUSION POLICY.

12 (a) REQUIREMENT.—(1) If the Secretary of Defense

13 proposes to make any change described in paragraph (2)

14 to the ground combat exclusion policy, the Secretary shall,

15 not less than 90 days before any such change is imple16 mented, submit to Congress a report providing notice of the

17 proposed change.

18 (2) A change referred to in paragraph (1) is a change

19 that either (A) closes to female members of the Armed Forces

20 any category of unit or position that at that time is open

21 to service by such members, or (B) opens to service by such

22 members any category of unit or position that at that time

23 is closed to service by such members.

24 (b) REPORT CONTENTS.—The Secretary shall include

25 in any report under subsection (a)—
180

HR 2401 RH

1 (1) a detailed description of, and justification

2 for, the proposed change to the ground combat exclu3 sion policy; and

4 (2) a detailed analysis of legal implication of the

5 proposed change with respect to the constitutionality

6 of the application of the Military Selective Service

7 Act to males only.

8 (c) GROUND COMBAT EXCLUSION POLICY.—For pur9 poses of this section, the term ‘‘ground combat exclusion pol10 icy’’ means the military personnel policies of the Depart11 ment of Defense and the military departments, as in effect

12 on January 1, 1993, by which female members of the Armed

13 Forces are restricted from assignment to units and positions

14 whose mission requires routine engagement in direct combat

15 on the ground.

16 Subtitle E—Victims’ Rights and

17 Family Advocacy

18 SEC. 551. MANDATORY ARRESTS BY MILITARY LAW EN19 FORCEMENT OFFICIALS WHEN CALLED TO

20 SCENES OF DOMESTIC VIOLENCE.

21 (a) IN GENERAL.—Section 807 of title 10, United

22 States Code (article 7 of the Uniform Code of Military Jus23 tice), is amended by adding at the end the following new

24 subsection:
181

HR 2401 RH

1 ‘‘(d)(1) In a case of domestic violence in which a mili2 tary law enforcement official at the scene determines that

3 physical injury has been inflicted or a deadly weapon or

4 dangerous instrument has been used, the military law en5 forcement official, upon reasonable belief that an offense has

6 been committed by a person at the scene, shall apprehend

7 that person, if the person is subject to this chapter, or detain

8 that person and remove that person from the scene, if that

9 person is not subject to this chapter.

10 ‘‘(2) The Secretary of Defense shall prescribe by regula11 tion the definition of ‘domestic violence’ for purposes of this

12 subsection.

13 ‘‘(3) In this subsection, the term ‘military law enforce14 ment official’ means a person authorized under regulations

15 governing the armed forces to apprehend persons subject to

16 this chapter or to trial thereunder.’’.

17 (b) DEADLINE FOR PRESCRIBING PROCEDURES.—The

18 Secretary of Defense shall prescribe procedures to carry out

19 section 807(d) of title 10, United States Code, as added by

20 subsection (a), not later than six months after the date of

21 the enactment of this Act.
182

HR 2401 RH

1 SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF

2 VICTIMS AND WITNESSES OF STATUS OF

3 PRISONERS IN MILITARY CORRECTIONAL FA4 CILITIES.

5 (a) IN GENERAL.—(1) Chapter 48 of title 10, United

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

7 new section:

8 ‘‘§ 957. Status of prisoners: procedures for notifying

9 victims and witnesses

10 ‘‘The Secretary of Defense shall prescribe procedures

11 and implement a centralized system for notice of the status

12 of offenders confined in military correctional facilities to

13 be provided to victims and witnesses. Such procedures shall,

14 to the maximum extent practicable, be consistent with pro15 cedures of the Federal Bureau of Prisons for victim and

16 witness notification.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by adding at the end the following new item:

‘‘957. Status of prisoners: procedures for notifying victims and witnesses.’’.

19 (b) DEADLINE FOR PRESCRIBING PROCEDURES.—The

20 Secretary of Defense shall prescribe the procedures required

21 by section 957 of title 10, United States Code, as added

22 by subsection (a), not later than six months after the date

23 of the enactment of this Act and shall implement the cen24 tralized system required by that section not later than six

25 months after those procedures are prescribed.
183

HR 2401 RH

1 SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO

2 UCMJ.

3 (a) REPORT REQUIRED.—Not later than six months

4 after the date of the enactment of this Act, the Secretary

5 of Defense shall submit to the Committees on Armed Serv6 ices of the Senate and House of Representatives a report

7 on the problem of stalking by persons subject to the Uniform

8 Code of Military Justice (chapter 47 of title 10, United

9 States Code). In the report, the Secretary shall describe the

10 scope of the problem of stalking within the Armed Forces

11 and shall address whether existing procedures and punitive

12 articles under the Uniform Code of Military Justice ade13 quately protect members of the Armed Forces, and depend14 ents of members of the Armed Forces, who are threatened

15 with stalking. The Secretary shall include in the report such

16 recommendations for changes to law and regulations as the

17 Secretary determines to be necessary.

18 (b) STALKING.—For purposes of the report under sub19 section (a), stalking shall be considered to include actions

20 of a person in repeatedly following or harassing another

21 person with the intent of placing that person in reasonable

22 fear of sexual battery, bodily injury, or death in such a

23 way that a reasonable person would be caused to suffer sub24 stantial emotional distress and which cause that person to

25 suffer emotional distress.
184

HR 2401 RH

1 SEC. 554. TRANSITIONAL COMPENSATION FOR DEPEND2 ENTS OF MEMBERS OF THE ARMED FORCES

3 DISCHARGED FOR DEPENDENT ABUSE.

4 (a) IN GENERAL.—(1) Chapter 53 of title 10, United

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

6 new section:

7 ‘‘§ 1058. Abused dependents: payment of transitional

8 compensation

9 ‘‘(a) AUTHORITY TO PAY COMPENSATION.—If a mem10 ber of the armed forces is separated from the armed forces

11 as described in subsection (b), the Secretary of the military

12 department concerned may pay monthly transitional com13 pensation in accordance with this section to dependents or

14 former dependents of the member as specified in subsection

15 (d).

16 ‘‘(b) SEPARATIONS COVERED.—(1) This section ap17 plies in the case of a member of the armed forces on active

18 duty for a period of more than 30 days—

19 ‘‘(A) who is convicted of a dependent-abuse of20 fense (as defined in subsection (c)) and whose convic21 tion results in the member being—

22 ‘‘(i) administratively discharged with a

23 general discharge or under other than honorable

24 conditions; or

25 ‘‘(ii) discharged or dismissed from the

26 armed forces by sentence of a court-martial; or
185

HR 2401 RH

1 ‘‘(B) against whom court-martial charges were

2 preferred for a dependent-abuse offense and who is

3 discharged in lieu of trial by court-martial in that

4 case upon approval of the member’s request or appli5 cation for discharge or, in the case of an officer, for

6 resignation.

7 ‘‘(2) For purposes of this section, a member of the

8 armed forces who is incarcerated by sentence of a court9 martial with total forfeiture of pay and allowances shall

10 be treated as a former member dismissed or discharged by

11 sentence of a court-martial.

12 ‘‘(c) DEPENDENT-ABUSE OFFENSES.—(1) For pur13 poses of this section, a dependent-abuse offense is conduct

14 by an individual while a member of the armed forces on

15 active duty for a period of more than 30 days—

16 ‘‘(A) that involves abuse of the spouse or a de17 pendent child of the member; and

18 ‘‘(B) that is a criminal offense specified in regu19 lations prescribed by the Secretary of Defense under

20 paragraph (2).

21 ‘‘(2) The Secretary of Defense shall prescribe by regula22 tion the criminal offenses, or categories of offenses, under

23 the Uniform Code of Military Justice (chapter 47 of this

24 title), Federal criminal law, the criminal laws of the States

25 and other jurisdictions of the United States, and the laws
186

HR 2401 RH

1 of other nations that are to be considered to be dependent2 abuse offenses for the purposes of this section.

3 ‘‘(d) RECIPIENTS OF PAYMENTS.—In any case of a

4 separation from active duty as described in subsection (b)

5 in which the Secretary of the military department con6 cerned determines that transitional compensation should be

7 paid under this section, the Secretary shall pay such com8 pensation to dependents or former dependents of the former

9 member as follows:

10 ‘‘(1) If the former member was married at the

11 time of the commission of the dependent-abuse offense

12 resulting in the separation, such compensation shall

13 (except as otherwise provided in this subsection) be

14 paid to the spouse or former spouse to whom the

15 member was married at that time.

16 ‘‘(2) If there is a spouse or former spouse who

17 (but for subsection (g)) would be eligible for com18 pensation under this section and if there is a depend19 ent child of the former member who does not reside

20 in the same household as that spouse or former

21 spouse, such compensation shall be paid to each such

22 dependent child of the former member who does not

23 reside in that household.

24 ‘‘(3) If there is no spouse or former spouse who

25 is (or but for subsection (g) would be) eligible under
187

HR 2401 RH

1 paragraph (1), such compensation shall be paid to the

2 dependent children of the former member.

3 ‘‘(4) For purposes of paragraphs (2) and (3), an

4 individual’s status as a ‘dependent child’ shall be de5 termined as of the date on which the member is con6 victed of the dependent-abuse offense or, in a case de7 scribed in subsection (b)(1)(B), as of the date on

8 which the member is discharged.

9 ‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—

10 (1) Payment of transitional compensation under this sec11 tion shall commence as of the date of the discontinuance

12 of the member’s pay and allowances pursuant to the separa13 tion or sentencing of the member.

14 ‘‘(2) Payment of such compensation shall terminate at

15 the end of the dependents’ transitional period. The depend16 ents’ transitional period is the period (A) beginning on the

17 date on which the member is convicted of the dependent18 abuse offense or, in a case described in subsection (b)(1)(B),

19 on the date on which the member is discharged, and (B)

20 ending at the end of the transitional period determined by

21 the Secretary concerned. Such transitional period may not

22 exceed 36 months, except that if the length of the member’s

23 service on active duty was less than 36 months, the transi24 tional period may not exceed the length of such service.
188

HR 2401 RH

1 ‘‘(f) AMOUNT OF PAYMENT.—(1) Payment to a spouse

2 or former spouse under this section for any month shall be

3 at the rate in effect for that month for the payment of de4 pendency and indemnity compensation under section

5 1311(a)(1) of title 38.

6 ‘‘(2) If a spouse or former spouse to whom compensa7 tion is paid under this section has custody of a dependent

8 child or children of the member, the amount of such com9 pensation paid for any month shall be increased for each

10 such dependent child by the amount in effect for that month

11 under section 1311(b) of title 38.

12 ‘‘(3) If compensation is paid under this section to a

13 child or children pursuant to subsection (d)(2) or (d)(3),

14 such compensation shall be paid in equal shares, with the

15 amount of such compensation for any month determined

16 in accordance with the rates in effect for that month under

17 section 1313 of title 38.

18 ‘‘(g) FORFEITURE PROVISIONS.—(1) If a former

19 spouse receiving compensation under this section remarries,

20 the Secretary shall terminate payment of such compensa21 tion, effective as of the date of such marriage. The Secretary

22 may not renew payment of compensation under this section

23 to such former spouse in the event of the termination of

24 such subsequent marriage.
189

HR 2401 RH

1 ‘‘(2) If after the separation of the former member as

2 described in subsection (b) the former member resides in

3 the same household as the spouse or former spouse, or de4 pendent child, to whom compensation is otherwise payable

5 under this section, the Secretary shall terminate payment

6 of such compensation, effective as of the time the former

7 member begins residing in such household. Compensation

8 paid for a period after the former member’s separation, but

9 before the former member resides in the household, shall not

10 be recouped. If the former member subsequently ceases to

11 reside in such household before the end of the period of eligi12 bility for such payments, the Secretary may not resume

13 such payments.

14 ‘‘(3) In a case in which the victim of the dependent15 abuse offense resulting in the separation of the former mem16 ber was a dependent child, the Secretary concerned may

17 not pay compensation under this section to a spouse or

18 former spouse who would otherwise be eligible to receive

19 such compensation if the Secretary determines (under regu20 lations prescribed under subsection (i)) that the spouse or

21 former spouse was an active participant in the conduct con22 stituting the dependent-abuse offense.

23 ‘‘(h) COORDINATION OF BENEFITS.—The Secretary

24 concerned may not make payments to a spouse or former

25 spouse under both this section and section 1408(h)(1) of this
190

HR 2401 RH

1 title. In the case of a spouse or former spouse for whom

2 a court order provides for payments by the Secretary pursu3 ant to section 1408(h)(1) of this title and to whom the Sec4 retary offers payments under this section, the spouse or

5 former spouse shall elect which to receive.

6 ‘‘(i) REGULATIONS.—The Secretary of each military

7 department shall prescribe regulations to carry out this sec8 tion with respect to members of the armed forces under the

9 jurisdiction of that Secretary. Such regulations shall be as

10 uniform as practicable and shall be subject to the approval

11 of the Secretary of Defense.

12 ‘‘(j) DEPENDENT CHILD DEFINED.—In this section,

13 the term ‘dependent child’, with respect to a member or

14 former member of the armed forces separated as described

15 in subsection (b), means an unmarried child, including an

16 adopted child or a stepchild, who was residing with the

17 member at the time of the dependent-abuse offense resulting

18 in the separation of the former member and—

19 ‘‘(1) who is under 18 years of age;

20 ‘‘(2) who is 18 years of age or older and is in21 capable of self-support because of a mental or physical

22 incapacity that existed before the age of 18 and who

23 is (or was at the time of the former member’s separa24 tion) dependent on the former member for over one25 half of the child’s support; or
191

HR 2401 RH

1 ‘‘(3) who is 18 years of age or older but less than

2 23 years of age, is enrolled in a full-time course of

3 study in an institution of higher learning approved

4 by the Secretary of Defense and who is (or was at the

5 time of the former member’s separation) dependent on

6 the former member for over one-half of the child’s sup7 port.’’.

8 (2) The table of sections at the beginning of such chap9 ter is amended by inserting after the item relating to section

10 1056 the following new item:

‘‘1058. Abused dependents: payment of transitional compensation.’’.

11 (b) EFFECTIVE DATE.—(1) Section 1058 of title 10,

12 United States Code, as added by subsection (a), shall apply

13 with respect to former members of the Armed Forces dis14 charged or dismissed as described in subsection (b) of such

15 section after the date that is three years before the date of

16 the enactment of this Act.

17 (2) Notwithstanding paragraph (1), no payment may

18 be made under such section 1058 with respect to any period

19 before April 1, 1994.

20 Subtitle F—Matters Relating to

21 Military Justice

22 SEC. 561. IMPROVED RIGHT OF APPEAL IN COURT-MARTIAL

23 CASES.

24 (a) RIGHT OF ACCUSED TO PETITION FOR REVIEW BY

25 COURTS OF MILITARY REVIEW.—Section 869 of title 10,
192

HR 2401 RH

1 United States Code (article 69 of the Uniform Code of Mili2 tary Justice), is amended—

3 (1) by redesignating subsection (e) as subsection

4 (f); and

5 (2) by inserting after subsection (d) the following

6 new subsection (e):

7 ‘‘(e)(1) A Court of Military Review, upon petition of

8 the accused and for good cause shown, may review, under

9 section 866 of this title (article 66)—

10 ‘‘(A) any court-martial case which is subject to

11 action by the Judge Advocate General under this sec12 tion (i) in which the Judge Advocate General deter13 mines not to modify or set aside the findings or sen14 tence, in whole or in part, in accordance with the ap15 plication of the accused, and (ii) which is not sent to

16 the Court of Military Review by order of the Judge

17 Advocate General; and

18 ‘‘(B) any action taken by the Judge Advocate

19 General under this section in that case.

20 ‘‘(2) A petition by the accused under paragraph (1)

21 must be filed with the Court of Military Review within 60

22 days of the date on which the accused is notified of the deci23 sion of the Judge Advocate General.’’.

24 (b) EFFECTIVE DATE.—The amendments made by sub25 section (a) shall apply with respect to any case reviewed
193

HR 2401 RH

1 by a Judge Advocate General under section 869 of title 10,

2 United States Code, in which an application is filed under

3 subsection (b) of that section after the date of the enactment

4 of this Act.

5 SEC. 562. CLARIFICATION OF PUNITIVE UCMJ ARTICLE RE6 GARDING DRUNKEN DRIVING.

7 (a) CLARIFICATION.—Paragraph (2) of section 911 of

8 title 10, United States Code (article 111 of the Uniform

9 Code of Military Justice), is amended by inserting ‘‘or

10 more’’ after ‘‘0.10 grams’’ both places such term appears.

11 (b) EFFECTIVE DATE.—The amendments made by sub12 section (a) shall take effect as if included in the amendment

13 to section 911 of title 10, United States Code, made by sec14 tion 1066(a)(1) of Public Law 102–484 on October 23,

15 1992.

16 Subtitle G—Other Matters

17 SEC. 571. CRITERIA FOR CLOSING SENIOR ROTC UNITS.

18 (a) CLOSURE CRITERIA.—Section 2102 of title 10,

19 United States Code, is amended by adding at the end the

20 following new subsection:

21 ‘‘(e)(1) The Secretary of a military department may

22 not close a unit of the program that is located at a land

23 grant institution.

24 ‘‘(2) The Secretary of a military department may not

25 close a unit of the program if there is no other unit of the
194

HR 2401 RH

1 program under the jurisdiction of the Secretary at an insti2 tution located in the State in which the unit being consid3 ered for closure is located.

4 ‘‘(3) The Secretary of a military department may not

5 close a unit of the program that is not subject to paragraph

6 (1) or (2) unless the Secretary certifies to Congress, in ad7 vance of the closure, that the decision to close the unit is

8 based on—

9 ‘‘(A) considerations of the cost per officer com10 missioned through that unit compared to the average

11 such cost per officer commissioned for all units of the

12 program under the jurisdiction of the Secretary; and

13 ‘‘(B) considerations of the number (and percent14 age) of members of the program enrolled in that unit

15 who are expected to enter critical or hard to fill offi16 cer specialties compared to the average number (and

17 percentage) of such members for all units of the pro18 gram under the jurisdiction of the Secretary.’’.

19 (b) REVIEW OF RECENT CLOSURES.—The Secretary of

20 each military department shall review each closure of a sen21 ior Reserve Officers’ Training Corps unit under that Sec22 retary’s jurisdiction that was decided upon after January

23 1, 1991, and before the date of the enactment of this Act.

24 The Secretary concerned shall certify to Congress in each

25 case whether or not the closure decision was made in accord-
195

HR 2401 RH

1 ance with the criteria specified in section 2102(e) of title

2 10, United States Code, as added by subsection (a). In any

3 case in which the Secretary is unable to certify that such

4 closure decision was made in accordance with such criteria,

5 the Secretary shall reestablish that unit as soon as prac6 ticable and not later than the beginning of the first aca7 demic year beginning after the date of the enactment of this

8 Act.

9 SEC. 572. CHANGE IN TIMING OF REQUIRED DRUG AND AL10 COHOL TESTING AND EVALUATION OF APPLI11 CANTS FOR APPOINTMENT AS CADET OR MID12 SHIPMAN AND FOR ROTC GRADUATES.

13 Section 978(a)(3) of title 10, United States Code, is

14 amended—

15 (1) in the first sentence, by striking out ‘‘during

16 the physical examination given the applicant before

17 such appointment’’ and inserting in lieu thereof

18 ‘‘within 72 hours of such appointment’’; and

19 (2) in the second sentence, by striking out ‘‘dur20 ing the precommissioning physical examination given

21 such person’’ and inserting in lieu thereof ‘‘before

22 such an appointment is executed’’.
196

HR 2401 RH

1 SEC. 573. REIMBURSEMENT REQUIREMENTS FOR AD2 VANCED EDUCATION ASSISTANCE.

3 (a) IN GENERAL.—Section 2005 of title 10, United

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

5 new subsections:

6 ‘‘(g)(1) In any case in which the Secretary concerned

7 determines that a person who entered into an agreement

8 under this section failed to complete the period of active

9 duty specified in the agreement (or failed to fulfill any other

10 term or condition prescribed in the agreement) and, by rea11 son of the provision of the agreement required under sub12 section (a)(3), may owe a debt to the United States and

13 in which that person disputes that such a debt is owed, the

14 Secretary shall designate an official (who may be a member

15 of the armed forces or a civilian employee under the juris16 diction of the Secretary) to investigate the facts of the case

17 and hear evidence presented by the person who may owe

18 the debt and other parties, as appropriate, in order to deter19 mine the validity of the debt. That official shall report the

20 official’s findings and recommendations to the Secretary

21 concerned. The report shall include the official’s assessment

22 as to whether the individual behavior that resulted in the

23 separation of the person who may owe the debt qualifies

24 as misconduct under subsection (a)(3), if the justification

25 for the debt to the Government includes an allegation of

26 misconduct.
197

HR 2401 RH

1 ‘‘(2) The Secretary of each military department shall

2 ensure that a member of the armed forces who may be sub3 ject to a reimbursement requirement under this section is

4 advised of such requirement before (1) submitting a request

5 for voluntary separation, or (2) making a decision on a

6 course of action regarding personal involvement in admin7 istrative, nonjudicial, and judicial action resulting from al8 leged misconduct.

9 ‘‘(h) The Secretary of a military department may

10 waive any requirement for reimbursement under this sec11 tion at the Secretary’s discretion.’’.

12 (b) EFFECTIVE DATES.—(1) Subsection (g) of section

13 2005 of title 10, United States Code, as added by subsection

14 (a), shall apply with respect to persons separated from the

15 Armed Forces after the end of the six-month period begin16 ning on the date of the enactment of this Act.

17 (2) Subsection (h) of such section, as added by sub18 section (a), shall apply with respect to persons separated

19 from the Armed Forces after September 30, 1993.

20 SEC. 574. RECOGNITION OF POWERS OF ATTORNEY NOTA21 RIZED BY DEFENSE NOTARY PUBLIC.

22 Section 1044a of title 10, United States Code, is

23 amended by adding at the end the following new subsection:

24 ‘‘(e) A power of attorney signed by a person authorized

25 to receive legal assistance under section 1044 of this title
198

HR 2401 RH

1 and notarized by a person authorized to do so under this

2 section shall be recognized as lawful and given full effect

3 by any person to whom it is presented, notwithstanding

4 any provision of law regulating the granting of a power

5 of attorney in any State, territory, or other jurisdiction of

6 the United States.’’.

7 SEC. 575. POLICY CONCERNING HOMOSEXUALITY IN THE

8 ARMED FORCES.

9 (a) CODIFICATION.—(1) Chapter 37 of title 10, United

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

11 new section:

12 ‘‘§ 654. Policy concerning homosexuality in the armed

13 forces

14 ‘‘(a) FINDINGS.—Congress makes the following find15 ings:

16 ‘‘(1) Section 8 of article I of the Constitution of

17 the United States commits exclusively to the Congress

18 the powers to raise and support armies, provide and

19 maintain a Navy, and make rules for the government

20 and regulation of the land and naval forces.

21 ‘‘(2) There is no constitutional right to serve in

22 the armed forces.

23 ‘‘(3) Pursuant to the powers conferred by section

24 8 of article I of the Constitution of the United States,

25 it lies within the discretion of the Congress to estab-
199

HR 2401 RH

1 lish qualifications for and conditions of service in the

2 armed forces.

3 ‘‘(4) The primary purpose of the armed forces is

4 to prepare for and to prevail in combat should the

5 need arise.

6 ‘‘(5) The conduct of military operations requires

7 members of the armed forces to make extraordinary

8 sacrifices, including the ultimate sacrifice, in order to

9 provide for the common defense.

10 ‘‘(6) Success in combat requires military units

11 that are characterized by high morale, good order and

12 discipline, and unit cohesion.

13 ‘‘(7) One of the most critical elements in combat

14 capability is unit cohesion, that is, the bonds of trust

15 among individual service members that make the

16 combat effectiveness of a military unit greater than

17 the sum of the combat effectiveness of the individual

18 unit members.

19 ‘‘(8) Military life is fundamentally different

20 from civilian life in that—

21 ‘‘(A) the extraordinary responsibilities of

22 the armed forces, the unique conditions of mili23 tary service, and the critical role of unit cohe24 sion, require that the military community, while
200

HR 2401 RH

1 subject to civilian control, exist as a specialized

2 society; and

3 ‘‘(B) the military society is characterized by

4 its own laws, rules, customs, and traditions, in5 cluding numerous restrictions on personal behav6 ior, that would not be acceptable in civilian soci7 ety.

8 ‘‘(9) The standards of conduct for members of the

9 armed forces regulate a member’s life for 24 hours

10 each day beginning at the moment the member enters

11 military status and not ending until that person is

12 discharged or otherwise separated from the armed

13 forces.

14 ‘‘(10) Those standards of conduct, including the

15 Uniform Code of Military Justice, apply to a member

16 of the armed forces at all times that the member has

17 a military status, whether the member is on base or

18 off base, and whether the member is on duty or off

19 duty.

20 ‘‘(11) The pervasive application of the standards

21 of conduct is necessary because members of the armed

22 forces must be ready at all times for worldwide de23 ployment to a combat environment.

24 ‘‘(12) The worldwide deployment of United

25 States military forces, the international responsibil-
201

HR 2401 RH

1 ities of the United States, and the potential for in2 volvement of the armed forces in actual combat rou3 tinely make it necessary for members of the armed

4 forces involuntarily to accept living conditions and

5 working conditions that are often spartan, primitive,

6 and characterized by forced intimacy with little or no

7 privacy.

8 ‘‘(13) The prohibition against homosexual con9 duct is a longstanding element of military law that

10 continues to be necessary in the unique circumstances

11 of military service.

12 ‘‘(14) The armed forces must maintain personnel

13 policies that exclude persons whose presence in the

14 armed forces would create an unacceptable risk to the

15 armed forces’ high standards of morale, good order

16 and discipline, and unit cohesion that are the essence

17 of military capability.

18 ‘‘(15) The presence in the armed forces of persons

19 who demonstrate a propensity or intent to engage in

20 homosexual acts would create an unacceptable risk to

21 the high standards of morale, good order and dis22 cipline, and unit cohesion that are the essence of mili23 tary capability.

24 ‘‘(b) POLICY.—A member of the armed forces shall be

25 separated from the armed forces under regulations pre-
202

HR 2401 RH

1 scribed by the Secretary of Defense if one or more of the

2 following findings is made and approved in accordance

3 with procedures set forth in such regulations:

4 ‘‘(1) That the member has engaged in, attempted

5 to engage in, or solicited another to engage in a ho6 mosexual act or acts unless there are further findings,

7 made and approved in accordance with procedures set

8 forth in such regulations, that the member has dem9 onstrated that—

10 ‘‘(A) such conduct is a departure from the

11 member’s usual and customary behavior;

12 ‘‘(B) such conduct, under all the cir13 cumstances, is unlikely to recur;

14 ‘‘(C) such conduct was not accomplished by

15 use of force, coercion, or intimidation;

16 ‘‘(D) under the particular circumstances of

17 the case, the member’s continued presence in the

18 armed forces is consistent with the interests of

19 the armed forces in proper discipline, good order,

20 and morale; and

21 ‘‘(E) the member does not have a propensity

22 or intent to engage in homosexual acts.

23 ‘‘(2) That the member has stated that he or she

24 is a homosexual or bisexual, or words to that effect,

25 unless there is a further finding, made and approved
203

HR 2401 RH

1 in accordance with procedures set forth in the regula2 tions, that the member has demonstrated that he or

3 she is not a person who engages in, attempts to en4 gage in, has a propensity to engage in, or intends to

5 engage in homosexual acts.

6 ‘‘(3) That the member has married or attempted

7 to marry a person known to be of the same biological

8 sex.

9 ‘‘(c) ENTRY STANDARDS AND DOCUMENTS.—(1) The

10 Secretary of Defense shall ensure that the standards for en11 listment and appointment of members of the armed forces

12 reflect the policies set forth in subsection (b).

13 ‘‘(2) The documents used to effectuate the enlistment

14 or appointment of a person as a member of the armed forces

15 shall set forth the provisions of subsection (b).

16 ‘‘(d) REQUIRED BRIEFINGS.—The briefings that mem17 bers of the armed forces receive upon entry into the armed

18 forces and periodically thereafter under section 937 of this

19 title (article 137 of the Uniform Code of Military Justice)

20 shall include a detailed explanation of the applicable laws

21 and regulations governing sexual conduct by members of the

22 armed forces, including the policies prescribed under sub23 section (b).

24 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in subsection

25 (b) shall be construed to require that a member of the armed
204

HR 2401 RH

1 forces be processed for separation from the armed forces

2 when a determination is made in accordance with regula3 tions prescribed by the Secretary of Defense that—

4 ‘‘(1) the member engaged in conduct or made

5 statements for the purpose of avoiding or terminating

6 military service; and

7 ‘‘(2) separation of the member would not be in

8 the best interest of the armed forces.

9 ‘‘(f) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘homosexual’ means a person, re11 gardless of sex, who engages in, attempts to engage in,

12 has a propensity to engage in, or intends to engage

13 in homosexual acts, and includes the terms ‘gay’ and

14 ‘lesbian’.

15 ‘‘(2) The term ‘bisexual’ means a person who en16 gages in, attempts to engage in, has a propensity to

17 engage in, or intends to engage in homosexual and

18 heterosexual acts.

19 ‘‘(3) The term ‘homosexual act’ means—

20 ‘‘(A) any bodily contact, actively under21 taken or passively permitted, between members of

22 the same sex for the purpose of satisfying sexual

23 desires; and

24 ‘‘(B) any bodily contact which a reasonable

25 person would understand to demonstrate a pro-
205

HR 2401 RH

1 pensity or intent to engage in an act described

2 in subparagraph (A).’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following:

‘‘654. Policy concerning homosexuality in the armed forces.’’.

5 (b) REGULATIONS.—Not later than 90 days after the

6 date of enactment of this Act, the Secretary of Defense shall

7 revise Department of Defense regulations, and issue such

8 new regulations as may be necessary, to implement section

9 654 of title 10, United States Code, as added by subsection

10 (a).

11 (c) SAVINGS PROVISION.—Nothing in this section or

12 section 654 of title 10, United States Code, as added by

13 subsection (a) may be construed to invalidate any inquiry,

14 investigation, administrative action or proceeding, court15 martial, or judicial proceeding conducted before the effective

16 date of regulations issued by the Secretary of Defense to

17 implement such section 654.

18 (d) SENSE OF CONGRESS.—It is the sense of Congress

19 that—

20 (1) the suspension of questioning concerning ho21 mosexuality as part of the processing of individuals

22 for accession into the Armed Forces under the interim

23 policy of January 29, 1993, should be continued, but

24 the Secretary of Defense may reinstate that question25 ing with such questions or such revised questions as
206

HR 2401 RH

1 he considers appropriate if the Secretary determines

2 that it is necessary to do so in order to effectuate the

3 policy set forth in section 654 of title 10, United

4 States Code, as added by subsection (a); and

5 (2) the Secretary of Defense should consider issu6 ing guidance governing the circumstances under

7 which members of the Armed Forces questioned about

8 homosexuality for administrative purposes should be

9 afforded warnings similar to the warnings under sec10 tion 831(b) of title 10, United States Code (article

11 31(b) of the Uniform Code of Military Justice).

12 SEC. 576. FOREIGN LANGUAGE PROFICIENCY TEST PRO13 GRAM.

14 (a) TEST PROGRAM.—The Secretary of Defense shall

15 develop and carry out a test program for improving foreign

16 language proficiency in the Department of Defense through

17 improved management and other measures. The test pro18 gram shall be designed to evaluate the findings and rec19 ommendations of—

20 (1) the June 1993 inspection report of the In21 spector General of the Department of Defense on the

22 Defense Foreign Language Program (report numbered

23 93–INS–10);

24 (2) the report of the Sixth Quadrennial Review

25 of Military Compensation (August 1988); and
207

HR 2401 RH

1 (3) any other recent study of the foreign lan2 guage proficiency program of the Department of De3 fense.

4 (b) EVALUATION OF PRIOR RECOMMENDATIONS.—The

5 test program shall include an evaluation of the following

6 possible changes to current practice identified in the reports

7 referred to in subsection (a):

8 (1) Management of linguist billets and personnel

9 for the active and reserve components from a Total

10 Force perspective.

11 (2) Improvement of linguist training programs,

12 both resident and nonresident, to provide greater

13 flexibility, to accommodate missions other than sig14 nals intelligence, and to improve the provision of re15 sources for nonresident programs.

16 (3) Centralized responsibility within the Office of

17 the Secretary of Defense to provide coordinated over18 sight of all foreign language issues and programs, in19 cluding a centralized process for determination, vali20 dation, and documentation of foreign language re21 quirements for different services and missions.

22 (4) Revised policies of each of the military de23 partments to foster maintenance of highly perishable

24 linguistic skills through improved management of the

25 careers of language-trained personnel, including more
208

HR 2401 RH

1 effective use of language skills, improved career oppor2 tunities within the linguistics field, and specific link3 age of language proficiency to promotions.

4 (5) In the case language-trained members of the

5 reserve components—

6 (A) the use of additional training assem7 blies (ATAs) as a means of sustaining linguistic

8 proficiency and enhancing retention; and

9 (B) the use of larger enlistment and reen10 listment bonuses, Special Duty Assignment Pay,

11 and educational incentives.

12 (6) Such other management changes as the Sec13 retary may consider necessary.

14 (c) EVALUATION OF ADJUSTMENT IN FOREIGN LAN15 GUAGE PROFICIENCY PAY.—(1) The Secretary shall include

16 in the test program an evaluation of adjustments in foreign

17 language proficiency pay for active and reserve component

18 personnel.

19 (2) Before any adjustment in foreign language pro20 ficiency pay is included in the test program as authorized

21 by paragraph (1), the Secretary shall submit to the commit22 tees named in subsection (d)(2) the following information

23 related to proficiency pay adjustments:

24 (A) The response of the Secretary to the findings

25 of the Inspector General in the report on the Defense
209

HR 2401 RH

1 Foreign Language Program referred to in subsection

2 (a)(1), specifically including the following matters

3 raised in that report:

4 (i) Inadequate centralized oversight of plan5 ning, policy, roles, responsibilities, and funding

6 for foreign language programs.

7 (ii) Inadequate management and validation

8 of the requirements process for foreign language

9 programs.

10 (iii) Inadequate uniform career manage11 ment of language-trained personnel, including

12 failure to take sufficient advantage of language

13 skills and to recoup investment of training dol14 lars.

15 (iv) Inadequate training programs, both

16 resident and nonresident.

17 (B) The current manning of linguistic billets

18 (shown by service, by active or reserve component,

19 and by career field).

20 (C) The rates of retention in the service for lan21 guage-trained personnel (shown by service, by active

22 or reserve component, and by career field).

23 (D) The rates of retention by career field for lan24 guage-trained personnel (shown by service, by active

25 or reserve component, and by career field).
210

HR 2401 RH

1 (E) The rates of language proficiency for person2 nel serving in linguistic billets (shown by service, by

3 active or reserve component, and by career field).

4 (F) Trends in performance ratings for personnel

5 serving in linguistic billets (shown by service, by ac6 tive or reserve component, and by career field).

7 (G) Promotion rates for personnel serving in lin8 guistic billets (shown by service, by active or reserve

9 component, and by career field).

10 (H) The estimated cost of foreign language pro11 ficiency pay as proposed to be paid at the adjusted

12 rates for the test program under paragraph (1)—

13 (i) for each year of the test program; and

14 (ii) for five years, if those rates are subse15 quently applied to the entire Department of De16 fense.

17 (3) The rates for adjusted foreign language proficiency

18 pay as proposed to be paid for the test program under para19 graph (1) may not take effect for the test program unless

20 the senior official responsible for personnel matters in the

21 Office of the Secretary of Defense determines that—

22 (A) the foreign language proficiency pay levels

23 established for the test program are consistent with

24 proficiency pay levels for other functions throughout

25 the Department of Defense; and
211

HR 2401 RH

1 (B) the terms and conditions for receiving for2 eign language proficiency pay conform to current

3 policies and practices within the Department of De4 fense.

5 (d) REPORT ON PLAN FOR TEST PROGRAM.—(1) The

6 Secretary of Defense shall submit to the committees named

7 in paragraph (2) a report containing a plan for the test

8 program required in subsection (a), an explanation of the

9 plan, and a discussion of the matters stated in subsection

10 (c)(2). The report shall be submitted not later than April

11 1, 1994.

12 (2) The committees referred to in paragraph (1) are—

13 (A) the Committee on Armed Services and the

14 Permanent Select Committee on Intelligence of the

15 House of Representatives; and

16 (B) the Committee on Armed Services and the

17 Select Committee on Intelligence of the Senate.

18 (e) PERIOD OF TEST PROGRAM.—(1) The test program

19 required by subsection (a) shall begin on October 1, 1994.

20 However, if the report required by subsection (d) is not sub21 mitted by the date specified in that subsection for the sub22 mission of the report, the test program shall begin at the

23 end of a period of 180 days (as computed under paragraph

24 (2)) beginning on the date on which such report is submit25 ted.
212

HR 2401 RH

1 (2) For purposes of paragraph (1), days on which ei2 ther House is not in session because of an adjournment of

3 more than 3 days to a day certain or because of an adjourn4 ment sine die shall be excluded in the computation of such

5 180-day period.

6 (3) The test program shall terminate two years after

7 it begins.

8 TITLE VI—COMPENSATION AND

9 OTHER PERSONNEL BENEFITS

10 Subtitle A—Pay and Allowances

11 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1994.

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

13 adjustment required by section 1009 of title 37, United

14 States Code, in elements of compensation of members of the

15 uniformed services to become effective during fiscal year

16 1994 shall not be made.

17 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effec18 tive on January 1, 1994, the rates of basic pay, basic allow19 ance for subsistence, and basic allowance for quarters of

20 members of the uniformed services are increased by 2.2 per21 cent.

22 (c) UNIFORMED SERVICES DEFINED.—For purposes of

23 this section, the term ‘‘uniformed services’’ does not include

24 the National Oceanic and Atmospheric Administration.
213

HR 2401 RH

1 SEC. 602. VARIABLE HOUSING ALLOWANCE FOR CERTAIN

2 MEMBERS WHO ARE REQUIRED TO PAY CHILD

3 SUPPORT AND WHO ARE ASSIGNED TO SEA

4 DUTY.

5 Section 403a(b)(2) of title 37, United States Code, is

6 amended—

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

8 and

9 (2) in subparagraph (B), by inserting ‘‘or’’ after

10 the semicolon; and

11 (3) by adding at the end the following new sub12 paragraph:

13 ‘‘(C) the member is assigned to sea duty

14 and elects not to occupy assigned unaccompanied

15 quarters, unless the member is in a pay grade

16 above E–6;’’.

17 SEC. 603. PAY FOR STUDENTS AT SERVICE ACADEMY PRE18 PARATORY SCHOOLS.

19 (a) RATES OF PAY.—Section 203 of title 37, United

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

21 new subsection:

22 ‘‘(e)(1) A student at the United States Military Acad23 emy Preparatory School, the United States Naval Academy

24 Preparatory School, or the United States Air Force Acad25 emy Preparatory School who was selected to attend the pre26 paratory school from civilian life is entitled to monthly stu-
214

HR 2401 RH

1 dent pay at the same rate as provided for cadets and mid2 shipmen under subsection (c)(1).

3 ‘‘(2) A student at a preparatory school referred to in

4 paragraph (1) who, at the time of the student’s selection

5 to attend the preparatory school, was an enlisted member

6 of the uniformed services on active duty for a period of more

7 than 30 days shall continue to receive monthly basic pay

8 at the rate prescribed for the student’s pay grade as an en9 listed member.

10 ‘‘(3) The monthly student pay of a student described

11 in paragraph (1) shall be treated for purposes of the accrual

12 charge for the Department of Defense Military Retirement

13 Fund established under section 1461 of title 10 in the same

14 manner as monthly cadet pay or midshipman pay under

15 subsection (c)(1).’’.

16 (b) APPLICATION OF AMENDMENT.—The amendment

17 made by subsection (a) shall apply with respect to students

18 entering the United States Military Academy Preparatory

19 School, the United States Naval Academy Preparatory

20 School, or the United States Air Force Academy Pre21 paratory School on or after the date of the enactment of

22 this Act.
215

HR 2401 RH

1 SEC. 604. ADVANCE PAYMENTS IN CONNECTION WITH THE

2 EVACUATION OF MEMBERS AND DEPEND3 ENTS OF MEMBERS FROM DESIGNATED

4 PLACES.

5 (a) TIME OF DESIGNATION.—Section 1006(c) of title

6 37, United States Code, is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

8 (2) by adding at the end the following new para9 graph:

10 ‘‘(2) The actual designation of a place under this sub11 section as a place for which an advance of pay will be made

12 under this subsection in connection with the ordered evacu13 ation of members or dependents of members may be made

14 by the President before, during, or after the evacuation.’’.

15 (b) APPLICATION OF AMENDMENT.—Section 1006(c) of

16 title 37, United States Code, as amended by subsection (a),

17 shall apply with respect to evacuations occurring on or after

18 the date of the enactment of this Act. Subject to the avail19 ability of appropriations for the purpose of providing an

20 advance of pay under such section, such section shall also

21 apply with respect to evacuations occurring during the pe22 riod beginning on June 1, 1991, and ending on the date

23 of the enactment of this Act.
216

HR 2401 RH

1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. PERMANENT AUTHORITY FOR CERTAIN BONUSES

4 AND SPECIAL PAY FOR NURSE OFFICER CAN5 DIDATES, REGISTERED NURSES AND NURSE

6 ANESTHETISTS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10 United States Code,

9 is amended by striking out ‘‘, during the period beginning

10 on November 29, 1989, and ending on September 30,

11 1993,’’.

12 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

13 Section 302d(a) of title 37, United States Code, is amended

14 by striking out ‘‘, during the period beginning on November

15 29, 1989, and ending on September 30, 1993,’’.

16 (c) SPECIAL PAY FOR NURSE ANESTHETISTS.—Sec17 tion 302e(a) of title 37, United States Code, is amended

18 by striking out ‘‘, during the period beginning on November

19 29, 1989, and ending on September 30, 1993,’’.

20 (d) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect as of October 1, 1993.

22 SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN SE23 LECTED RESERVE BONUSES.

24 (a) SELECTED RESERVE REENLISTMENT BONUS.—

25 Section 308b(f) of title 37, United States Code, is amended
217

HR 2401 RH

1 by striking out ‘‘September 30, 1993’’ and inserting in lieu

2 thereof ‘‘September 30, 1995’’.

3 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec4 tion 308c of title 37, United States Code, is amended—

5 (1) in subsection (b)—

6 (A) by striking out ‘‘$2,000’’ in the mate7 rial preceding paragraph (1) and inserting in

8 lieu thereof ‘‘$5,000’’; and

9 (B) in paragraph (1), by striking out ‘‘one10 half of the bonus shall be paid’’ and inserting in

11 lieu thereof ‘‘an amount not to exceed one-half of

12 the bonus may be paid’’;

13 (2) in subsection (e), by striking out ‘‘September

14 30, 1993’’ and inserting in lieu thereof ‘‘September

15 30, 1995’’; and

16 (3) by adding at the end the following new sub17 section:

18 ‘‘(f) The total amount of expenditures under this sec19 tion may not exceed $37,024,000 during fiscal year 1994.’’.

20 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec21 tion 308e of title 37, United States Code, is amended—

22 (1) in subsection (c)—

23 (A) in paragraph (2), by striking out ‘‘fifth

24 anniversary’’ and inserting in lieu thereof ‘‘sixth

25 anniversary’’; and
218

HR 2401 RH

1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(3) In lieu of the procedures set out in paragraph

4 (2), the Secretary concerned may pay the bonus in monthly

5 installments in such amounts as may be determined by the

6 Secretary. Monthly payments under this paragraph shall

7 begin after the first month of satisfactory service of the per8 son and are payable only for those months in which the

9 person serves satisfactorily. Satisfactory service shall be de10 termined under regulations prescribed by the Secretary of

11 Defense.’’; and

12 (2) in subsection (e), by striking out ‘‘September

13 30, 1993’’ and inserting in lieu thereof ‘‘September

14 30, 1995’’.

15 (d) PRIOR SERVICE ENLISTMENT BONUS.—Section

16 308i(i) of title 37, United States Code, is amended by strik17 ing out ‘‘September 30, 1993’’ and inserting in lieu thereof

18 ‘‘September 30, 1995’’.

19 SEC. 613. EXTENSIONS OF AUTHORITIES RELATING TO PAY20 MENT OF OTHER BONUSES AND SPECIAL

21 PAYS.

22 (a) AVIATION OFFICER RETENTION BONUS.—Section

23 301b(a) of title 37, United States Code, is amended by strik24 ing out ‘‘September 30, 1993’’ and inserting in lieu thereof

25 ‘‘September 30, 1994’’.
219

HR 2401 RH

1 (b) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

2 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR3 ITY UNITS.—Section 308d(c) of title 37, United States

4 Code, is amended by striking out ‘‘September 30, 1993’’ and

5 inserting in lieu thereof ‘‘September 30, 1995’’.

6 (c) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

7 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

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

9 is amended by striking out ‘‘October 1, 1993’’, and inserting

10 in lieu thereof ‘‘October 1, 1995’’.

11 (d) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

12 Section 308(g) of title 37, United States Code, is amended

13 by striking out ‘‘September 30, 1993’’ and inserting in lieu

14 thereof ‘‘September 30, 1995’’.

15 (e) ENLISTMENT BONUS FOR CRITICAL SKILLS.—Sec16 tion 308a(c) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1993’’ and inserting in lieu

18 thereof ‘‘September 30, 1995’’.

19 (f) READY RESERVE ENLISTMENT AND REENLISTMENT

20 BONUS.—Section 308h(g) of title 37, United States Code,

21 is amended by striking out ‘‘September 30, 1993’’ and in22 serting in lieu thereof ‘‘September 30, 1995’’.

23 (g) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

24 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—Sec25 tion 613(d) of the National Defense Authorization Act, Fis-
220

HR 2401 RH

1 cal Year 1989 (37 U.S.C. 302 note), is amended by striking

2 out ‘‘September 30, 1993’’ and inserting in lieu thereof

3 ‘‘September 30, 1995’’.

4 Subtitle C—Travel and

5 Transportation Allowances

6 SEC. 621. AUTHORIZATION OF PAYMENT OR COLLECTION

7 DUE TO FLUCTUATIONS OF FOREIGN CUR8 RENCY INCURRED BY CERTAIN MILITARY

9 MEMBERS.

10 (a) PAYMENT OR COLLECTION AUTHORIZED.—Sub11 section (d) of section 405 of title 37, United States Code,

12 is amended to read as follows:

13 ‘‘(d)(1) In the case of a member of the uniformed serv14 ices authorized to receive a per diem allowance under sub15 section (a), the Secretary concerned may make a lump-sum

16 payment for nonrecurring expenses incurred by the member

17 in occupying a private household outside of the United

18 States if the expenses are authorized or approved under reg19 ulations prescribed by the Secretary concerned. Such non20 recurring expenses may include losses experienced by a

21 member upon the return of refundable housing related de22 posits or as a result of other transactions necessary to secure

23 housing where losses are incurred solely as the result of fluc24 tuation in the relative values of United States and foreign

25 currencies.
221

HR 2401 RH

1 ‘‘(2) Any currency fluctuation gains made by the mem2 ber upon the return of a refundable housing-related deposit

3 shall be recouped by the Secretary concerned.

4 ‘‘(3) Expenses for which payments are made under this

5 subsection may not be considered for purposes of determin6 ing the per diem allowance of the member under subsection

7 (a).’’.

8 (b) APPLICATION OF AMENDMENT.—Section 405(d) of

9 title 37, United States Code, as amended by subsection (a),

10 shall apply with respect to nonrecurring expenses and cur11 rency fluctuation gains described in such section that are

12 incurred by members of the uniformed services on or after

13 the later of—

14 (1) October 1, 1993; and

15 (2) the date of the enactment of this Act.

16 Subtitle D—Other Matters

17 SEC. 631. DEFINITION OF DEPENDENT FOR PURPOSES OF

18 ALLOWANCES TO INCLUDE CERTAIN UNMAR19 RIED PERSONS IN THE LEGAL CUSTODY OF A

20 MEMBER OR FORMER MEMBER.

21 (a) EXPANSION OF DEFINITION.—Section 401(a) of

22 title 37, United States Code, is amended by adding at the

23 end the following new paragraph:

24 ‘‘(4) An unmarried person who—
222

HR 2401 RH

1 ‘‘(A) is placed in the legal custody of the

2 member as a result of an order of a court of com3 petent jurisdiction in the United States (or a

4 Territory or possession of the United States) for

5 a period of at least 12 consecutive months;

6 ‘‘(B)(i) has not attained the age of 21;

7 ‘‘(ii) has not attained the age of 23 years

8 and is enrolled in a full time course of study at

9 an institution of higher learning approved by the

10 Secretary concerned; or

11 ‘‘(iii) is incapable of self support because of

12 a mental or physical incapacity that occurred

13 while the person was considered a dependent of

14 the member or former member under this para15 graph pursuant to clause (i) or (ii);

16 ‘‘(C) is dependent on the member for over

17 one-half of the person’s support, as prescribed in

18 regulations of the Secretary concerned;

19 ‘‘(D) resides with the member unless sepa20 rated by the necessity of military service or to

21 receive institutional care as a result of disabil22 ity, incapacitation, or such other circumstances

23 as the Secretary concerned may by regulation

24 prescribe; and
223

HR 2401 RH

1 ‘‘(E) is not a dependent of a member under

2 any other paragraph.’’.

3 (b) APPLICATION OF AMENDMENT.—Section 401(a)(4)

4 of title 37, United States Code, as added by subsection (a),

5 shall apply with respect to determinations of dependency

6 made on or after July 1, 1994.

7 SEC. 632. CLARIFICATION OF ELIGIBILITY FOR TUITION AS8 SISTANCE.

9 Section 2007(c) of title 10, United States Code, is

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

11 ‘‘(4) The restrictions in paragraph (3) shall not apply

12 in the case of officers and warrant officers on active duty

13 or full-time National Guard duty who are eligible to receive

14 assistance under subsection (a).’’.

15 TITLE VII—HEALTH CARE

16 PROVISIONS

17 Subtitle A—Health Care Services

18 SEC. 701. PRIMARY AND PREVENTIVE HEALTH-CARE SERV19 ICES FOR WOMEN.

20 (a) FEMALE MEMBERS AND RETIREES OF THE UNI21 FORMED SERVICES.—(1) Chapter 55 of title 10, United

22 States Code, is amended by inserting after section 1074c

23 the following new section:
224

HR 2401 RH

1 ‘‘§ 1074d. Primary and preventive health-care services

2 for women

3 ‘‘Female members and former members of the uni4 formed services who are entitled to medical care under sec5 tion 1074 or 1074a of this title shall be furnished with pri6 mary and preventive health-care services for women as part

7 of such medical care.’’.

8 (2) The table of sections at the beginning of such chap9 ter is amended by inserting after the item relating to section

10 1074c the following new item:

‘‘1074d. Primary and preventive health-care services for women.’’.

11 (b) FEMALE DEPENDENTS.—Section 1077(a) of such

12 title is amended by adding at the end the following new

13 paragraph:

14 ‘‘(13) Primary and preventive health-care serv15 ices for women.’’.

16 (c) DEFINITION.—Section 1072 of such title is amend17 ed by adding at the end the following new paragraph:

18 ‘‘(6) The term ‘primary and preventive health19 care services for women’ means health-care services

20 provided to women, including counseling, relating to

21 the following:

22 ‘‘(A) Papanicolaou tests (pap smear).

23 ‘‘(B) Breast examinations and mammog24 raphy.
225

HR 2401 RH

1 ‘‘(C) Comprehensive gynecological and ob2 stetric care.

3 ‘‘(D) Infertility and sexually transmitted

4 diseases, including prevention.

5 ‘‘(E) Menopause.

6 ‘‘(F) Physical or psychological conditions

7 arising out of acts of sexual violence.’’.

8 SEC. 702. DEFINITION OF DEPENDENT FOR PURPOSES OF

9 MEDICAL AND DENTAL COVERAGE TO IN10 CLUDE CERTAIN UNMARRIED PERSONS IN

11 THE LEGAL CUSTODY OF A MEMBER OR

12 FORMER MEMBER.

13 (a) EXPANSION OF DEFINITION.—Section 1072(2) of

14 title 10, United States Code, is amended—

15 (1) in subparagraph (G), by striking out ‘‘; and’’

16 and inserting in lieu thereof a semicolon;

17 (2) in subparagraph (H), by striking out the pe18 riod and inserting in lieu thereof ‘‘; and’’; and

19 (3) by adding at the end the following new sub20 paragraph:

21 ‘‘(I) an unmarried person who—

22 ‘‘(i) is placed in the legal custody of

23 the member or former member as a result of

24 an order of a court of competent jurisdic25 tion in the United States (or a Territory or
226

HR 2401 RH

1 possession of the United States) for a period

2 of at least 12 consecutive months;

3 ‘‘(ii)(I) has not attained the age of 21;

4 ‘‘(II) has not attained the age of 23

5 and is enrolled in a full time course of

6 study at an institution of higher learning

7 approved by the administering Secretary; or

8 ‘‘(III) is incapable of self support be9 cause of a mental or physical incapacity

10 that occurred while the person was consid11 ered a dependent of the member or former

12 member under this subparagraph pursuant

13 to subclause (I) or (II);

14 ‘‘(iii) is dependent on the member or

15 former member for over one-half of the per16 son’s support, as prescribed in regulations

17 of the administering Secretary;

18 ‘‘(iv) resides with the member or

19 former member unless separated by the ne20 cessity of military service or to receive in21 stitutional care as a result of disability, in22 capacitation, or such other circumstances as

23 the administering Secretary may by regula24 tion prescribe; and
227

HR 2401 RH

1 ‘‘(v) is not a dependent of a member or

2 a former member under any other subpara3 graph.’’.

4 (b) APPLICATION OF AMENDMENT.—Section

5 1072(2)(I) of title 10, United States Code, as added by sub6 section (a), shall apply with respect to determinations of

7 dependency made on or after July 1, 1994.

8 Subtitle B—Health Care

9 Management

10 SEC. 711. EXTENSION AND REVISION OF SPECIALIZED

11 TREATMENT SERVICES PROGRAM.

12 (a) EXTENSION OF WAIVER AUTHORITY REGARDING

13 40-MILE RADIUS RESTRICTION.—Section 1079(a)(7)(B) of

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

15 ‘‘October 1, 1993’’ and inserting in lieu thereof, ‘‘October

16 1, 1995’’.

17 (b) INCLUSION OF FACILITIES PURSUANT TO CON18 TRACT OR AGREEMENT.—Section 1105 of such title is

19 amended—

20 (1) by inserting ‘‘(a) DETERMINATION.—’’ before

21 ‘‘In determining’’;

22 (2) by striking out ‘‘within the area served by

23 that facility’’; and

24 (3) by adding at the end the following new sub25 sections:
228

HR 2401 RH

1 ‘‘(b) REGULATIONS.—The Secretary of Defense, after

2 consulting with the other administering Secretaries, shall

3 prescribe regulations to implement this section. Such regu4 lations shall include standards for the designation of service

5 areas comparable in size to service areas designated for fa6 cilities of the uniformed services pursuant to sections

7 1079(a)(7), 1080, and 1086(e) of this title.

8 ‘‘(c) REIMBURSEMENT OF TRANSPORTATION AND SUB9 SISTENCE EXPENSES.—(1) Subject to paragraph (2), the

10 regulations required by subsection (b) also may provide for

11 the full or partial reimbursement of reasonable expenses

12 for—

13 ‘‘(A) the long-distance transportation for a cov14 ered beneficiary to or from a health care facility at

15 which specialized health care services are provided

16 pursuant to this chapter; and

17 ‘‘(B) the long-distance transportation, temporary

18 lodging, and meals (not to exceed the applicable per

19 diem rate) for a non-medical attendant (including a

20 member of the uniformed services on active duty) who

21 accompanies the covered beneficiary.

22 ‘‘(2) Reimbursement of expenses may be made under

23 paragraph (1) only if the Secretary of Defense determines

24 that such reimbursement will permit the health care services

25 to be provided at less total cost to the Department of Defense
229

HR 2401 RH

1 than if the services were otherwise provided pursuant to this

2 chapter. In lieu of reimbursement for such expenses, the Sec3 retary may authorize the provision of transportation,

4 meals, and lodging by the Department of Defense when rea5 sonably available.’’.

6 SEC. 712. CODIFICATION OF CHAMPUS PEER REVIEW ORGA7 NIZATION PROGRAM PROCEDURES.

8 Section 1079 of title 10, United States Code, is amend9 ed by adding at the end the following new subsection:

10 ‘‘(o)(1) Health care services provided pursuant to this

11 section or section 1086 of this title may not include services

12 determined under the CHAMPUS Peer Review Organiza13 tion program to be not medically or psychologically nec14 essary.

15 ‘‘(2) The Secretary of Defense, after consulting with

16 the other administering Secretaries, may—

17 ‘‘(A) adopt by regulation any quality and utili18 zation review requirements and procedures in effect

19 for the Peer Review Organization program under title

20 XVIII of the Social Security Act (42 U.S.C. 1395c et

21 seq.) that the Secretary determines to be necessary to

22 carry out this subsection; and

23 ‘‘(B) adapt such requirements and procedures to

24 the circumstances of the CHAMPUS Peer Review Or-
230

HR 2401 RH

1 ganization program as the Secretary determines to be

2 appropriate.’’.

3 SEC. 713. FEDERAL PREEMPTION REGARDING CONTRACTS

4 FOR MEDICAL AND DENTAL CARE.

5 (a) PREEMPTION.—Section 1103 of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘§ 1103. Contracts for medical and dental care: State

8 and local preemption

9 ‘‘(a) OCCURRENCE OF PREEMPTION.—A law or regula10 tion of a State or local government relating to health insur11 ance, prepaid health plans, or other health care delivery

12 and financing methods shall not apply to any contract en13 tered into pursuant to this chapter by the Secretary of De14 fense or the administering Secretaries to the extent that the

15 Secretary of Defense or the administering Secretaries deter16 mine that—

17 ‘‘(1) the State or local law or regulation is in18 consistent with a specific provision of the contract or

19 a regulation promulgated by the Secretary of Defense

20 or the administering Secretaries pursuant to this

21 chapter; or

22 ‘‘(2) preemption of the State or local law or reg23 ulation is necessary to implement or operate the con24 tract or to achieve some other important Federal in25 terest.
231

HR 2401 RH

1 ‘‘(b) EFFECT OF PREEMPTION.—In the case of the pre2 emption under subsection (a) of a State or local law or reg3 ulation regarding financial solvency, the Secretary of De4 fense or the administering Secretaries shall require an inde5 pendent audit of the prime contractor of each contract en6 tered into pursuant to this chapter covered by the preemp7 tion. The audit shall be performed by the Defense Contract

8 Audit Agency.

9 ‘‘(c) STATE DEFINED.—In this section, the term ‘State’

10 includes the District of Columbia, the Commonwealth of

11 Puerto Rico, the Commonwealth of the Northern Mariana

12 Islands, and each territory and possession of the United

13 States.’’.

14 (b) APPLICATION OF AMENDMENT.—Section 1103 of

15 title 10, United States Code, as amended by subsection (a),

16 shall apply with respect to any contract entered into under

17 chapter 55 of such title before, on, or after the date of the

18 enactment of this Act.

19 SEC. 714. DELAY OF TERMINATION EFFECTIVE DATE FOR

20 UNIFORMED SERVICES TREATMENT FACILI21 TIES.

22 Subsection (e) of section 1252 of the Department of De23 fense Authorization Act, 1984 (42 U.S.C. 248d) is amended

24 by striking out ‘‘1993’’ and inserting in lieu thereof ‘‘1995’’.
232

HR 2401 RH

1 SEC. 715. MANAGED-CARE DELIVERY AND REIMBURSEMENT

2 MODEL FOR THE UNIFORMED SERVICES

3 TREATMENT FACILITIES.

4 (a) TIME FOR OPERATION OF MANAGED-CARE DELIV5 ERY AND REIMBURSEMENT MODEL.—Subsection (c) of sec6 tion 718 of the National Defense Authorization Act for Fis7 cal Year 1991 (Public Law 101–510; 104 Stat. 1587) is

8 amended by striking out the first sentence and inserting

9 in lieu thereof the following:

10 ‘‘(1) TIME FOR OPERATION.—Not later than Oc11 tober 1, 1993, the Secretary of Defense shall begin op12 eration of a managed-care delivery and reimburse13 ment model that will continue to utilize the Uni14 formed Services Treatment Facilities in the military

15 health services system.’’.

16 (b) COPAYMENTS AND DEFINITION.—Such subsection

17 is further amended by adding at the end the following new

18 paragraphs:

19 ‘‘(2) COPAYMENTS.—A Uniformed Services

20 Treatment Facility for which there exists a Uni21 formed Services Treatment Facilities Managed-Care

22 Plan may impose nominal charges for inpatient and

23 outpatient care provided to all categories of bene24 ficiaries enrolled in the plan. The schedule and appli25 cation of such charges shall be in accordance with the

26 terms and conditions specified in the plan.
233

HR 2401 RH

1 ‘‘(3) DEFINITION.—For purposes of this sub2 section, the term ‘Uniformed Services Treatment Fa3 cility’ means a facility described in section 911(a) of

4 the Military Construction Authorization Act, 1982

5 (42 U.S.C. 248c(a)).’’.

6 SEC. 716. CLARIFICATION OF CONDITIONS ON EXPANSION

7 OF CHAMPUS REFORM INITIATIVE TO OTHER

8 LOCATIONS.

9 (a) IN GENERAL.—Subsection (a) of section 712 of the

10 National Defense Authorization Act for Fiscal Year 1993

11 (10 U.S.C. 1073 note) is amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘CONDITION.—’’;

13 (2) in the second sentence, by inserting after

14 ‘‘cost-effectiveness of the initiative’’ the following:

15 ‘‘(while assuring that the combined cost of care in

16 military treatment facilities and under the Civilian

17 Health and Medical Program of the Uniformed Serv18 ices will not be increased as a result of the expan19 sion)’’; and

20 (3) by adding at the end the following new para21 graph:

22 ‘‘(2) To the extent any revision of the CHAMPUS re23 form initiative is necessary in order to make the certifi24 cation required by this subsection, the Secretary shall assure

25 that enrolled covered beneficiaries may obtain health care
234

HR 2401 RH

1 services with reduced out-of-pocket costs, as compared to

2 standard CHAMPUS.’’.

3 (b) DEFINITION.—Subsection (d) of such section is

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

5 ‘‘(3) The terms ‘Civilian Health and Medical

6 Program of the Uniformed Services’ and ‘CHAMPUS’

7 have the meaning given the term ‘Civilian Health

8 and Medical Program of the Uniformed Services’ in

9 section 1072(4) of title 10, United States Code.’’

10 SEC. 717. INCREASED FLEXIBILITY FOR PERSONAL SERVICE

11 CONTRACTS IN MILITARY MEDICAL TREAT12 MENT FACILITIES.

13 (a) PERSONAL SERVICES CONTRACTS AUTHORIZED.—

14 (1) Section 1091 of title 10, United States Code, is amended

15 to read as follows:

16 ‘‘§ 1091. Personal services contracts

17 ‘‘(a) AUTHORITY.—The Secretary of Defense may enter

18 into personal services contracts to carry out health care re19 sponsibilities in medical treatment facilities of the Depart20 ment of Defense, as determined to be necessary by the Sec21 retary. The authority provided in this subsection is in addi22 tion to any other contract authorities of the Secretary, in23 cluding authorities relating to the management of such fa24 cilities and the administration of this chapter.
235

HR 2401 RH

1 ‘‘(b) LIMITATION ON AMOUNT OF COMPENSATION.—In

2 no case may the total amount of compensation paid to an

3 individual in any year under a personal services contract

4 entered into under subsection (a) exceed the amount of an5 nual compensation (excluding expenses) specified in section

6 102 of title 3.

7 ‘‘(c) PROCEDURES.—(1) The Secretary shall establish

8 by regulation procedures for entering into personal services

9 contracts with individuals under subsection (a). At a mini10 mum, such procedures shall assure—

11 ‘‘(A) the provision of adequate notice of contract

12 opportunities to individuals residing in the area of

13 the medical treatment facility involved; and

14 ‘‘(B) consideration of interested individuals sole15 ly on the basis of the qualifications established for the

16 contract and the proposed contract price.

17 ‘‘(2) Upon the establishment of such procedures under

18 paragraph (1), the Secretary may exempt contracts covered

19 by this section from the competitive contracting require20 ments specified in section 2304 of this title or any other

21 similar requirements of law.

22 ‘‘(d) EXCEPTIONS.—The procedures and exemptions

23 provided under subsection (c) shall not apply to personal

24 services contracts entered into under subsection (a) with en25 tities other than individuals or to any contract that is not
236

HR 2401 RH

1 an authorized personal services contract under such sub2 section.’’.

3 (2) The item relating to section 1091 in the table of

4 sections at the beginning of chapter 55 of title 10, United

5 States Code, is amended to read as follows:

‘‘1091. Personal services contracts.’’.

6 (b) REPORT REQUIRED.—Not later than 30 days after

7 the end of the 180-day period beginning on the date on

8 which the Secretary of Defense first uses the authority pro9 vided under section 1091 of title 10, United States Code

10 (as amended by subsection (a)(1)), the Secretary shall sub11 mit to Congress a report specifying—

12 (1) the salaries, by medical specialty, offered by

13 the Secretary to individuals agreeing to enter into a

14 personal services contract under such section during

15 that period;

16 (2) the extent to which those salaries exceed the

17 salaries previously offered by the Secretary for indi18 viduals in such medical specialties;

19 (3) the total number and medical specialties of

20 individuals serving in military medical treatment fa21 cilities during that period pursuant to such a con22 tract; and

23 (4) the number of such individuals (and their

24 medical specialties) who are receiving compensation

25 under such a contract in an amount in excess of the
237

HR 2401 RH

1 maximum amount authorized under such section, as

2 such section was in effect on the day before the date

3 of the enactment of this Act.

4 SEC. 718. EXPANSION OF THE PROGRAM FOR THE COLLEC5 TION OF HEALTH CARE COSTS FROM THIRD6 PARTY PAYERS.

7 (a) COLLECTION CHANGES.—Section 1095 of title 10,

8 United States Code, is amended—

9 (1) in subsection (g)—

10 (A) by inserting after ‘‘collected under this

11 section from a third party payer’’ the following:

12 ‘‘or under any other provision of law from any

13 other payer’’; and

14 (B) by inserting before the period the follow15 ing: ‘‘and shall not be taken into consideration

16 in establishing the operating budget of the facil17 ity’’; and

18 (2) in subsection (h)(2), by inserting after ‘‘in19 cludes’’ the following: ‘‘a preferred provider organiza20 tion and’’.

21 (b) REPORT ON COLLECTIONS.—Not later than Feb22 ruary 15 of each year, the Secretary of Defense shall submit

23 to Congress a report specifying for each medical treatment

24 facility of the uniformed services—
238

HR 2401 RH

1 (1) the amount collected during the preceding fis2 cal year under section 1095 of title 10, United States

3 Code, from third-party payers for the costs of health

4 care provided at the facility; and

5 (2) the amount requested for operation and

6 maintenance of the facility for the preceding fiscal

7 year, the fiscal year in which the report is submitted,

8 and the next fiscal year.

9 SEC. 719. ALTERNATIVE RESOURCE ALLOCATION METHOD

10 FOR MEDICAL FACILITIES OF THE UNI11 FORMED SERVICES.

12 (a) INCLUSION OF CAPITATION METHOD.—Section

13 1101 of title 10, United States Code is amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘DRGS’’ in the subsection

16 heading and inserting in lieu thereof ‘‘CAPITA17 TION OR DRG METHOD’’;

18 (B) by inserting ‘‘capitation or’’ before ‘‘di19 agnosis-related groups’’;

20 (2) in subsection (b), by striking ‘‘Diagnosis-re21 lated groups’’ and inserting in lieu thereof ‘‘Capita22 tion or diagnosis-related groups’’; and

23 (3) in subsection (c)—

24 (A) by striking ‘‘shall’’ both places it ap25 pears and inserting in lieu thereof ‘‘may’’; and
239

HR 2401 RH

1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(4) An appropriate method for calculating or

4 estimating the annual per capita costs of providing

5 comprehensive health care services to members of the

6 uniformed services on active duty and covered bene7 ficiaries.’’.

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

9 section is amended to read as follows:

10 ‘‘§ 1101. Resource allocation methods: capitation or

11 diagnosis-related groups’’.

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

13 sections at the beginning of chapter 55 of such title is

14 amended to read as follows:

‘‘1101. Resource allocation methods: capitation or diagnosis-related groups.’’.

15 SEC. 720. USE OF HEALTH MAINTENANCE ORGANIZATION

16 MODEL AS OPTION FOR MILITARY HEALTH

17 CARE.

18 (a) USE OF MODEL.—Not later than December 15,

19 1993, the Secretary of Defense shall prescribe and imple20 ment a health benefit option (and accompanying cost-shar21 ing requirements) for covered beneficiaries eligible for health

22 care under chapter 55 of title 10, United States Code, that

23 is modelled on health maintenance organization plans of24 fered in the private sector and other similar Government

25 health insurance programs. The Secretary shall include, to
240

HR 2401 RH

1 the maximum extent practicable, the health benefit option

2 required under this subsection as one of the options avail3 able to covered beneficiaries in all future managed health

4 care initiatives undertaken by the Secretary.

5 (b) ELEMENTS OF OPTION.—The Secretary shall offer

6 covered beneficiaries who enroll in the health benefit option

7 required under subsection (a) reduced out-of-pocket costs

8 and a benefit structure that is as uniform as possible

9 throughout the United States. The Secretary shall allow en10 rollees to seek health care outside the option, except that

11 the Secretary may prescribe higher out-of-pocket costs than

12 authorized under section 1079 or 1086 of title 10, United

13 States Code, for enrollees who do so.

14 (c) GOVERNMENT COSTS.—The health benefit option

15 required under subsection (a) shall be administered so that

16 the costs incurred by the Secretary to provide the option

17 are no greater than the costs that would otherwise be in18 curred to provide health care to the covered beneficiaries

19 who enroll in the option.

20 SEC. 721. AUTHORIZATION FOR AUTOMATED MEDICAL

21 RECORD CAPABILITY TO BE INCLUDED IN

22 MEDICAL INFORMATION SYSTEM.

23 (a) AUTOMATED MEDICAL RECORD CAPABILITY.—In

24 carrying out the acquisition of the Department of Defense

25 medical information system referred to in section 704 of
241

HR 2401 RH

1 the National Defense Authorization Act for Fiscal Year

2 1987 (Public Law 99-661; 100 Stat. 704), the Secretary of

3 Defense may permit an automated medical record capabil4 ity to be included in the system. The Secretary may make

5 such modifications to existing contracts, and include such

6 specifications in future contracts, as the Secretary considers

7 necessary to include such a capability in the system.

8 (b) PLAN.—The Secretary of Defense shall develop a

9 plan to test the use of automated medical records at one

10 or more military medical treatment facilities. Not later

11 than January 15, 1994, the Secretary shall submit the plan

12 to the Committees on Armed Services of the Senate and

13 House of Representatives.

14 (c) DEFINITIONS.—In this section:

15 (1) The term ‘‘medical information system’’

16 means a computer-based information system that—

17 (A) receives data normally recorded con18 cerning patients;

19 (B) creates and maintains from such data

20 a computerized medical record for each patient;

21 and

22 (C) provides access to data for patient care,

23 hospital administration, research, and medical

24 care resource planning.
242

HR 2401 RH

1 (2) The term ‘‘automated medical record’’ means a

2 computer-based information system that—

3 (A) is available at the time and place of

4 interaction between a patient and a health care

5 provider;

6 (B) receives, stores, and provides access to

7 relevant patient and other medical information

8 in a single, logical patient record that is appro9 priately organized for clinical decisionmaking;

10 and

11 (C) maintains patient confidentiality in

12 conformance with all applicable laws and regu13 lations.

14 Subtitle C—Other Matters

15 SEC. 731. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR

16 ADVANCED HEALTH PROFESSIONAL DE17 GREES.

18 (a) CREDIT ON ORIGINAL APPOINTMENT.—Section

19 533(b)(1) of title 10, United States Code, is amended—

20 (1) in subparagraph (A)—

21 (A) by inserting ‘‘professional’’ in the first

22 sentence after ‘‘One year for each year of ad23 vanced’’;
243

HR 2401 RH

1 (B) by striking out ‘‘Except as provided in

2 clause (E), in’’ at the beginning of the second

3 sentence and inserting in lieu thereof ‘‘In’’; and

4 (C) by striking out ‘‘postsecondary edu5 cation in excess of four that are’’ in the second

6 sentence and inserting in lieu thereof ‘‘advanced

7 education’’;

8 (2) by striking out subparagraph (E); and

9 (3) by redesignating subparagraph (F) as sub10 paragraph ‘‘(E)’’.

11 (b) CREDIT AS RESERVE OF THE ARMY.—Section

12 3353(b)(1) of such title is amended—

13 (1) in subparagraph (A)—

14 (A) by inserting ‘‘professional’’ in the first

15 sentence after ‘‘One year for each year of ad16 vanced’’;

17 (B) by striking out ‘‘Except as provided in

18 clause (E), in ’’ at the beginning of the second

19 sentence and inserting in lieu thereof ‘‘In’’; and

20 (C) by striking out ‘‘postsecondary edu21 cation in excess of four that are’’ in the second

22 sentence and inserting in lieu thereof ‘‘advanced

23 education’’;

24 (2) by striking out subparagraph (E); and
244

HR 2401 RH

1 (3) by redesignating subparagraph (F) as sub2 paragraph ‘‘(E)’’.

3 (c) CREDIT IN THE NAVAL RESERVE AND MARINE

4 CORPS RESERVE.—Section 5600(b)(1) of such title is

5 amended—

6 (1) in subparagraph (A)—

7 (A) by inserting ‘‘professional’’ in the first

8 sentence after ‘‘One year for each year of ad9 vanced’’;

10 (B) by striking out ‘‘Except as provided in

11 clause (E), in’’ at the beginning of the second

12 sentence and inserting in lieu thereof ‘‘In’’; and

13 (C) by striking out ‘‘postsecondary edu14 cation in excess of four that are’’ in the second

15 sentence and inserting in lieu thereof ‘‘advanced

16 education’’;

17 (2) by striking out subparagraph (E); and

18 (3) by redesignating subparagraph (F) as sub19 paragraph ‘‘(E)’’.

20 (d) CREDIT AS RESERVE OF THE AIR FORCE.—Sec21 tion 8353(b)(1) of such title is amended—

22 (1) in subparagraph (A)—

23 (A) by inserting ‘‘professional’’ in the first

24 sentence after ‘‘One year for each year of ad25 vanced’’;
245

HR 2401 RH

1 (B) by striking out ‘‘Except as provided in

2 clause (E), in’’ at the beginning of the second

3 sentence and inserting in lieu thereof ‘‘In’’; and

4 (C) by striking out ‘‘postsecondary edu5 cation in excess of four that are’’ in the second

6 sentence and inserting in lieu thereof ‘‘advanced

7 education’’;

8 (2) by striking out subparagraph (E); and

9 (3) by redesignating subparagraph (F) as sub10 paragraph ‘‘(E)’’.

11 (e) APPLICATION OF AMENDMENTS.—The amendments

12 made by this section shall apply with respect to determin13 ing the constructive service credit of persons receiving an

14 original appointment as commissioned officers in regular

15 components of the Armed Forces, an original appointment

16 as reserve commissioned officers, or an assignment or des17 ignation to certain officer categories described in such sec18 tions whether such appointment, assignment, or designation

19 occurred before the date of the enactment of this Act or oc20 curs on or after such date.
246

HR 2401 RH

1 SEC. 732. CLARIFICATION OF AUTHORITY FOR GRADUATE

2 STUDENT PROGRAM OF THE UNIFORMED

3 SERVICES UNIVERSITY OF THE HEALTH

4 SCIENCES.

5 (a) DISTINCTION BETWEEN MEDICAL AND GRADUATE

6 STUDENTS.—Section 2114 of title 10, United States Code,

7 is amended—

8 (1) in subsection (a), by striking out ‘‘Students’’

9 in the first sentence and inserting in lieu thereof

10 ‘‘Medical students’’;

11 (2) in subsection (b), by striking out ‘‘Students’’

12 in the first and fourth sentences and inserting in lieu

13 thereof in each instance ‘‘Medical students’’;

14 (3) in subsection (d), by striking out ‘‘member’’

15 in the first sentence and inserting in lieu thereof

16 ‘‘commissioned member’’; and

17 (4) by adding at the end the following new sub18 section:

19 ‘‘(g) The Secretary of Defense shall establish selection

20 procedures, service obligations (if any), and such other re21 quirements as the Secretary determines to be appropriate

22 for students in any postdoctoral, postgraduate, or techno23 logical institute established pursuant to section 2113(h) of

24 this title.’’.

25 (b) APPLICATION OF AMENDMENTS.—The amendments

26 made by subsection (a) shall apply with respect to students
247

HR 2401 RH

1 attending the Uniformed Services University of the Health

2 Sciences on or after the date of the enactment of this Act.

3 SEC. 733. AUTHORITY FOR THE ARMED FORCES INSTITUTE

4 OF PATHOLOGY TO OBTAIN ADDITIONAL DIS5 TINGUISHED PATHOLOGISTS AND SCI6 ENTISTS.

7 Section 176(c) of title 10, United States Code, is

8 amended by adding at the end the following new sentence:

9 ‘‘The Secretary of Defense, on a case-by-case basis, may

10 waive the limitation on the number of distinguished pa11 thologists or scientists with whom agreements may be en12 tered into under this subsection if the Secretary determines

13 that such waiver is in the best interest of the Department

14 of Defense.’’.

15 SEC. 734. REPORT ON THE PROVISION OF HEALTH-CARE

16 SERVICES TO WOMEN.

17 (a) REPORT REQUIRED.—The Secretary of Defense

18 shall prepare a report evaluating the provision of health19 care services through military medical treatment facilities

20 and the Civilian Health and Medical Program of the Uni21 formed Services to female members of the uniformed services

22 and female covered beneficiaries eligible for health care

23 under chapter 55 of title 10, United States Code.

24 (b) CONTENTS.—The report required by subsection (a)

25 shall contain the following:
248

HR 2401 RH

1 (1) A description of the medical personnel of the

2 Department of Defense who provided health-care serv3 ices during fiscal year 1993 to female members and

4 covered beneficiaries, including—

5 (A) the number of such personnel (including

6 both the number of individual employees and the

7 number of full-time employee equivalents);

8 (B) the professional qualifications or spe9 cialty training of such personnel; and

10 (C) the medical facilities to which such per11 sonnel were assigned.

12 (2) A description of any actions, including the

13 use of special pays and incentives, taken by the Sec14 retary during fiscal year 1993—

15 (A) to ensure the retention of the medical

16 personnel described in paragraph (1);

17 (B) to recruit additional personnel to pro18 vide health-care services to female members and

19 female covered beneficiaries; and

20 (C) to replace departing personnel who pro21 vided such services.

22 (3) A description of any existing or proposed

23 programs to encourage specialization of health care

24 professionals in fields related to primary and preven25 tive health-care services for women.
249

HR 2401 RH

1 (4) An assessment of any difficulties experienced

2 by military medical treatment facilities or the Civil3 ian Health and Medical Program of the Uniformed

4 Services in furnishing primary and preventive health5 care services for women and a description of those ac6 tions taken by the Secretary to resolve such difficul7 ties.

8 (5) An assessment of the extent to which gender9 related factors impede or complicate diagnoses (such

10 as inappropriate psychiatric referrals and admis11 sions) made by medical personnel described in para12 graph (1).

13 (6) A description of the actions taken by the Sec14 retary to foster and encourage the expansion of re15 search relating to health care issues of concern to fe16 male members of the uniformed services and female

17 covered beneficiaries.

18 (c) POPULATION STUDY OF THE NEED OF FEMALE

19 MEMBERS AND FEMALE COVERED BENEFICIARIES FOR

20 HEALTH-CARE SERVICES.—(1) As part of the report re21 quired by subsection (a), the Secretary shall conduct a

22 study to determine the needs of female members of the uni23 formed services and female covered beneficiaries for health24 care services, including primary and preventive health-care

25 services for women.
250

HR 2401 RH

1 (2) The study shall examine the health needs of current

2 members and covered beneficiaries and future members and

3 covered beneficiaries based upon the anticipated size and

4 composition of the Armed Forces in the year 2000 and

5 should be based on the demographics of society as a whole.

6 (d) SUBMISSION AND REVISION.—The Secretary of De7 fense shall submit the report required by subsection (a) to

8 Congress not later than April 1, 1994. The Secretary shall

9 revise and resubmit the report to Congress not later than

10 April 1, 1999.

11 (e) DEFINITIONS.—For purposes of this section:

12 (1) The term ‘‘primary and preventive health

13 care services for women’’ has the meaning given such

14 term in paragraph (6) of section 1072 of title 10,

15 United States Code, as added by section 701(c)).

16 (2) The term ‘‘covered beneficiary’’ has the

17 meaning given such term in paragraph (5) of such

18 section.

19 SEC. 735. SENSE OF CONGRESS REGARDING THE INCLU20 SION OF CHIROPRACTIC CARE AS A TYPE OF

21 HEALTH CARE AUTHORIZED UNDER

22 CHAMPUS.

23 (a) FINDINGS.—Congress finds the following:

24 (1) Chiropractors are currently prohibited from

25 receiving reimbursement under the Civilian Health
251

HR 2401 RH

1 and Medical Program of the Uniformed Services

2 (CHAMPUS).

3 (2) Chiropractors offer cost-effective care that is

4 desired by covered beneficiaries under CHAMPUS.

5 (3) On March 1, 1992, the Department of De6 fense concluded a two-year demonstration project to

7 test the participation of chiropractors under

8 CHAMPUS.

9 (4) The demonstration project included over

10 1,100 chiropractors in the States of Colorado and

11 Washington and generated over 50,000 claims from

12 5,700 covered beneficiaries.

13 (5) A final report from the Department of De14 fense on the demonstration project was expected in

15 December 1992, but analysis of data derived from the

16 project was delayed due to the late filing of claims.

17 (b) SENSE OF CONGRESS.—In light of the findings in

18 subsection (a), it is the sense of Congress that the Secretary

19 of Defense should—

20 (1) designate the analysis referred to in sub21 section (a)(5) of the demonstration project to test the

22 participation of chiropractors under CHAMPUS as a

23 priority matter to be completed as expeditiously as

24 possible, and not later than October 1, 1993;
252

HR 2401 RH

1 (2) submit that analysis, together with such con2 clusions as the Secretary considers to be appropriate,

3 to the congressional defense committees at the earliest

4 possible date, and not later than October 1, 1993;

5 (3) provide Congress (including the General Ac6 counting Office or other designated representative of

7 Congress) access to all data resulting from the dem8 onstration project; and

9 (4) proceed immediately with any preliminary

10 staff work (such as development of procedures and

11 regulations) that may be required to comply with the

12 findings and recommendations resulting from the

13 analysis of the demonstration project.

14 TITLE VIII—ACQUISITION POL15 ICY, ACQUISITION MANAGE16 MENT, AND RELATED MAT17 TERS

18 Subtitle A—Acquisition Assistance

19 Programs

20 SEC. 801. DEFENSE PROCUREMENT TECHNICAL ASSIST21 ANCE PROGRAM.

22 (a) AVAILABILITY OF AUTHORIZED APPROPRIA23 TIONS.—Of the amounts authorized to be appropriated in

24 section 301(5) for Defense-wide activities for fiscal year

25 1994, $12,000,000 shall be available for such fiscal year for
253

HR 2401 RH

1 carrying out the provisions of chapter 142 of title 10, Unit2 ed States Code.

3 (b) SPECIFIC PROGRAMS.—Of the amounts referred to

4 in subsection (a), $600,000 shall be available for fiscal year

5 1994 for the purpose of carrying out programs sponsored

6 by eligible entities referred to in subparagraph (D) of sec7 tion 2411(1) of title 10, United States Code, that provide

8 procurement technical assistance in distressed areas re9 ferred to in subparagraph (B) of section 2411(2) of such

10 title. If there is an insufficient number of satisfactory pro11 posals for cooperative agreements in such distressed areas

12 to allow for effective use of the funds made available in ac13 cordance with this subsection in such areas, the funds shall

14 be allocated among the Defense Contract Administration

15 Services regions in accordance with section 2415 of such

16 title.

17 SEC. 802. HISTORICALLY BLACK COLLEGES AND UNIVER18 SITIES.

19 (a) FUNDING.—Of the amounts authorized to be ap20 propriated for fiscal year 1994 pursuant to title II of this

21 Act, $15,000,000 shall be available for such fiscal year for

22 infrastructure assistance to historically Black colleges and

23 universities and minority institutions under section

24 2323(c)(3) of title 10, United States Code.
254

HR 2401 RH

1 (b) INFORMATION ON PROGRESS IN PROVIDING INFRA2 STRUCTURE ASSISTANCE REQUIRED IN ANNUAL RE3 PORT.—Effective October 1, 1993, section 2323(i)(3) of title

4 10, United States Code, is amended by adding at the end

5 the following:

6 ‘‘(D) A detailed description of the infrastructure

7 assistance provided under subsection (c) during the

8 preceding fiscal year and of the plans for providing

9 such assistance during the fiscal year in which the re10 port is submitted.’’.

11 Subtitle B—Provisions to Stream12 line Defense Acquisition Laws

13 SEC. 811. REPEAL AND AMENDMENT OF OBSOLETE, REDUN14 DANT, OR OTHERWISE UNNECESSARY LAWS

15 APPLICABLE TO DEPARTMENT OF DEFENSE

16 GENERALLY.

17 (a) REPEALS.—The following provisions of law are re18 pealed:

19 (1) Chapter 135 of title 10, United States Code

20 (relating to encouragement of aviation).

21 (2) Section 2317 of title 10, United States Code

22 (relating to encouragement of competition and cost

23 savings).
255

HR 2401 RH

1 (3) Section 2362 of title 10, United States Code

2 (relating to testing requirements for wheeled or

3 tracked vehicles).

4 (4) Section 2389 of title 10, United States Code

5 (relating to purchases from the Commodity Credit

6 Corporation and price adjustments for contracts for

7 procurement of milk).

8 (5) Sections 2436 and 2437 of title 10, United

9 States Code (relating to defense enterprise programs).

10 (6) Section 821 of Public Law 101–189 (103

11 Stat. 1503) (relating to certificate of independent

12 price determination in certain Department of Defense

13 contract solicitations).

14 (b) DELETION OF EXPIRING REPORT REQUIRE15 MENT.—Effective February 1, 1994, section 2361 of title 10,

16 United States Code, is amended by striking out subsection

17 (c).

18 SEC. 812. EXTENSION TO DEPARTMENT OF DEFENSE GEN19 ERALLY OF CERTAIN ACQUISITION LAWS AP20 PLICABLE TO THE ARMY AND AIR FORCE.

21 (a) INDUSTRIAL MOBILIZATION.— (1) Subchapter V of

22 chapter 148 of title 10, United States Code, is amended by

23 adding at the end the following new sections:
256

HR 2401 RH

1 ‘‘§ 2538. Industrial mobilization: orders; priorities;

2 possession of manufacturing plants; viola3 tions

4 ‘‘(a) ORDERS.—In time of war or when war is immi5 nent, the President, through the head of any department,

6 may order from any person or organized manufacturing in7 dustry necessary products or materials of the type usually

8 produced or capable of being produced by that person or

9 industry.

10 ‘‘(b) PRIORITIES.—A person or industry with whom

11 an order is placed under subsection (a), or the responsible

12 head thereof, shall comply with that order and give it prece13 dence over all orders not placed under that subsection.

14 ‘‘(c) POSSESSION OF MANUFACTURING PLANTS.—In

15 time of war or when war is imminent, the President,

16 through the head of any department, may take immediate

17 possession of any plant that is equipped to manufacture,

18 or that in the opinion of the Secretary of Defense is capable

19 of being readily transformed into a plant for manufactur20 ing, arms or ammunition, parts thereof, or necessary sup21 plies for the armed forces if the person or industry owning

22 or operating the plant, or the responsible head thereof,

23 refuses—

24 ‘‘(1) to give precedence to the order as prescribed

25 in subsection (b);
257

HR 2401 RH

1 ‘‘(2) to manufacture the kind, quantity, or qual2 ity of arms or ammunition, parts thereof, or nec3 essary supplies, as ordered by the Secretary; or

4 ‘‘(3) to furnish them at a reasonable price as de5 termined by the Secretary.

6 ‘‘(d) MANUFACTURE OF PRODUCTS IN SEIZED

7 PLANTS.—The President, through the Secretary of Defense,

8 may manufacture products that are needed in time of war

9 or when war is imminent, in any plant that is seized under

10 subsection (c).

11 ‘‘(e) COMPENSATION AND RENTAL.—Each person or

12 industry from whom products or materials are ordered

13 under subsection (a) is entitled to fair and just compensa14 tion. Each person or industry whose plant is seized under

15 subsection (c) is entitled to a fair and just rental.

16 ‘‘(f) VIOLATIONS.—Whoever fails to comply with this

17 section shall be imprisoned for not more than three years

18 and fined under title 18.

19 ‘‘§ 2539. Industrial mobilization: plants; lists

20 ‘‘(a) LIST OF PLANTS EQUIPPED TO MANUFACTURE

21 ARMS OR AMMUNITION.—The Secretary of Defense shall

22 maintain a list of all privately owned plants in the United

23 States, and the territories, commonwealths, and possessions,

24 that are equipped to manufacture for the armed forces arms

25 or ammunition, or parts thereof, and shall obtain complete
258

HR 2401 RH

1 information of the kinds of those products manufactured or

2 capable of being manufactured by each of those plants, and

3 of the equipment and capacity of each of those plants.

4 ‘‘(b) LIST OF PLANTS CAPABLE OF BEING TRANS5 FORMED INTO AMMUNITION FACTORIES.—The Secretary of

6 Defense shall maintain a list of privately owned plants in

7 the United States, and the territories, commonwealths, and

8 possessions, that are capable of being readily transformed

9 into factories for the manufacture of ammunition for the

10 armed forces and that have a capacity sufficient to warrant

11 conversion into ammunition plants in time of war or when

12 war is imminent, and shall obtain complete information

13 as to the equipment of each of those plants.

14 ‘‘(c) CONVERSION PLANS.—The Secretary of Defense

15 shall prepare comprehensive plans for converting each plant

16 listed pursuant to subsection (b) into a factory for the man17 ufacture of ammunition or parts thereof.

18 ‘‘§ 2540. Industrial mobilization: Board on Mobiliza19 tion of Industries Essential for Military

20 Preparedness

21 ‘‘The President may appoint a nonpartisan Board on

22 Mobilization of Industries Essential for Military Prepared23 ness, and may provide necessary clerical assistance, to orga24 nize and coordinate operations under sections 2538 and

25 2539 of this title.’’.
259

HR 2401 RH

1 (2) Sections 4501, 4502, 9501, and 9502 of title 10,

2 United States Code, are repealed.

3 (b) AVAILABILITY OF SAMPLES, DRAWINGS, INFORMA4 TION, EQUIPMENT, MATERIALS, AND CERTAIN SERVICES.—

5 (1) Chapter 148 of title 10, United States Code, is further

6 amended by adding at the end the following:

7 ‘‘§ 2541. Availability of samples, drawings, informa8 tion, equipment, materials, and certain

9 services.

10 ‘‘(a) AUTHORITY.—The Secretary of Defense and the

11 secretaries of the military departments, under regulations

12 to be prescribed by the Secretary of Defense and when deter13 mined to be in the interest of national defense, may—

14 ‘‘(1) sell, lend, or give samples, drawings, and

15 manufacturing or other information (subject to the

16 rights of third parties) to any United States person

17 or entity;

18 ‘‘(2) sell or lend government equipment or mate19 rials to any United States person or entity—

20 ‘‘(A) for use in independent research and

21 development programs, if the equipment or mate22 rial will be used exclusively for such research

23 and development; or

24 ‘‘(B) for use in demonstrations to a friendly

25 foreign government; and
260

HR 2401 RH

1 ‘‘(3) make available to any United States person

2 or entity, for appropriate fees, the services of any gov3 ernment laboratory, center, range, or other testing fa4 cility for the testing of materials, equipment, models,

5 computer software, and other items.

6 ‘‘(b) FEES.—Fees for services made available under

7 subsection (a)(3) shall be established by regulations pre8 scribed pursuant to subsection (a). Such fees may not exceed

9 the amount necessary to recoup the direct costs involved,

10 such as utilities, contractor support, and salaries of person11 nel incurred by the United States to provide such testing.

12 ‘‘(c) CONFIDENTIALITY.—The results of tests performed

13 pursuant to subsection (a)(3) are confidential and may not

14 be divulged outside the government without the consent of

15 the persons for whom the tests are performed.

16 ‘‘(d) USE OF FEES.— Fees received for services made

17 available under subsection (a)(3) may be credited to the ap18 propriations or funds of the selling activity.’’.

19 (2) Section 2314 of title 10, United States Code, is

20 amended by inserting ‘‘or sale’’ after ‘‘procurement’’.

21 (3) Sections 4506, 4507, 4508, 9506, and 9507 of title

22 10, United States Code, are repealed.

23 (c) PROCUREMENT FOR EXPERIMENTAL PURPOSES.—

24 (1) Chapter 139 of title 10, United States Code, is amended

25 by adding at the end the following new section:
261

HR 2401 RH

1 ‘‘§ 2373. Procurement for experimental purposes

2 ‘‘(a) AUTHORITY.—The Secretary of a military de3 partment may buy ordnance, signal, and chemical activity

4 supplies, including parts and accessories, and designs there5 of, that the Secretary concerned considers necessary for ex6 perimental or test purposes in the development of the best

7 supplies that are needed for the national defense.

8 ‘‘(b) PROCEDURES.—Purchases under this section may

9 be made inside or outside the United States, with or without

10 competitive bidding, and by contract or otherwise. Chapter

11 137 of this title applies when such purchases are made in

12 quantity.’’.

13 (2) Sections 4504 and 9504 of title 10, United States

14 Code, are repealed.

15 (d) ACCEPTANCE OF GRATUITOUS SERVICES OF CER16 TAIN RESERVE OFFICERS.—(1) Chapter 11 of title 10,

17 United States Code, is amended by inserting after section

18 278 the following new section:

19 ‘‘§ 279. Authority to accept certain gratuitous services

20 of officers

21 ‘‘Notwithstanding section 1342 of title 31, the Sec22 retary of a military department may accept the gratuitous

23 services of an officer of a reserve component under the Sec24 retary’s jurisdiction (other than an officer of the Army Na25 tional Guard of the United States or the Air National

26 Guard of the United States)—
262

HR 2401 RH

1 ‘‘(1) in the furtherance of the enrollment, organi2 zation, and training of that officer’s reserve compo3 nent or the Reserve Officers’ Training Corps; or

4 ‘‘(2) in consultation upon matters relating to the

5 armed forces.’’.

6 (2) Sections 4541 and 9541 of title 10, United States

7 Code, are repealed.

8 SEC. 813. REPEAL AND AMENDMENT OF CERTAIN ACQUISI9 TION LAWS APPLICABLE TO THE ARMY AND

10 AIR FORCE.

11 (a) REPEALS.—The following provisions of subtitles B

12 and D of title 10, United States Code, are repealed:

13 (1) Sections 4503 and 9503 (relating to research

14 and development programs).

15 (2) Sections 4505 and 9505 (relating to procure16 ment of production equipment).

17 (3) Sections 4531 and 9531 (relating to procure18 ment authorization).

19 (4) Section 4533 (relating to Army rations).

20 (5) Sections 4534 and 9534 (relating to subsist21 ence supplies, contract stipulations, and place of de22 livery on inspection).

23 (6) Sections 4535 and 9535 (relating to purchase

24 of exceptional subsistence supplies without advertis25 ing).
263

HR 2401 RH

1 (7) Sections 4537 and 9537 (relating to assist2 ance of U.S. mapping agencies with military surveys

3 and maps).

4 (8) Sections 4538 and 9538 (relating to exchange

5 and reclamation of unserviceable ammunition).

6 (b) AMENDMENTS.—(1) Section 2358(a) of title 10,

7 United States Code, is amended—

8 (A) in the first sentence, by striking out ‘‘Subject

9 to approval by the President, the Secretary of De10 fense’’ and inserting in lieu thereof ‘‘The Secretary of

11 Defense and the Secretaries of the military depart12 ments’’;

13 (B) in the first sentence, by inserting after

14 ‘‘other military’’ the following: ‘‘or department’’; and

15 (C) in the second sentence, by striking out ‘‘Sub16 ject to approval by the President, the Secretary’’ and

17 inserting in lieu thereof ‘‘The Secretary concerned’’.

18 (2) Section 2358(b) of such title is amended—

19 (A) by inserting after ‘‘Secretary of Defense’’ the

20 following: ‘‘or the Secretary of the military depart21 ment concerned’’; and

22 (B) by inserting after ‘‘relationship to a mili23 tary’’ the following: ‘‘or department’’.
264

HR 2401 RH

1 SEC. 814. CONSOLIDATION, REPEAL, AND AMENDMENT OF

2 CERTAIN ACQUISITION LAWS APPLICABLE TO

3 THE NAVY.

4 (a) REPEALS.—The following provisions of subtitle C

5 of title 10, United States Code, are repealed:

6 (1) Section 7201 (relating to guided missiles, re7 search and development, procurement, and construc8 tion).

9 (2) Section 7210 (relating to purchase of patents,

10 patent applications, and licenses).

11 (3) Section 7213 (relating to relief of contractors

12 and their employees from losses by enemy action).

13 (4) Section 7230 (relating to sale of degaussing

14 equipment).

15 (5) Section 7296 (relating to availability of ap16 propriations for other purposes).

17 (6) Section 7298 (relating to conversion of com18 batants and auxiliaries).

19 (7) Section 7301 (relating to estimates required

20 for bids on construction).

21 (8) Section 7310 (relating to constructing com22 batant vessels).

23 (9) Chapter 635 (relating to naval aircraft).

24 (10) Section 7366 (relating to limitation on ap25 propriations for naval salvage facilities).
265

HR 2401 RH

1 (b) REVISION AND STREAMLINING OF CERTAIN PROVI2 SIONS RELATING TO NAVAL VESSELS.—Chapter 633 of such

3 title is amended by striking out sections 7304, 7305, 7306,

4 7307, 7308, and 7309 and inserting in lieu thereof the fol5 lowing:

6 ‘‘§ 7304. Examination of vessels; striking of vessels

7 from Naval Vessel Register

8 ‘‘(a) BOARDS OF OFFICERS TO EXAMINE NAVAL VES9 SELS.—The Secretary of the Navy shall designate boards

10 of naval officers to examine naval vessels, including unfin11 ished vessels, for the purpose of making a recommendation

12 to the Secretary as to which vessels, if any, should be strick13 en from the Naval Vessel Register. Each vessel shall be ex14 amined at least once every three years if practicable.

15 ‘‘(b) ACTIONS BY BOARD.—A board designated under

16 subsection (a) shall submit to the Secretary in writing its

17 recommendations as to which vessels, if any, among those

18 it examined should be stricken from the Naval Vessel Reg19 ister.

20 ‘‘(c) ACTION BY SECRETARY.—If the Secretary concurs

21 with a recommendation by a board that a vessel should be

22 stricken from the Naval Vessel Register, the Secretary shall

23 strike the name of that vessel from the Naval Vessel Register.
266

HR 2401 RH

1 ‘‘§ 7305. Vessels stricken from Naval Vessel Register:

2 sale

3 ‘‘(a) APPRAISAL OF VESSELS STRICKEN FROM NAVAL

4 VESSEL REGISTER.—The Secretary of the Navy shall ap5 praise each vessel stricken from the Naval Vessel Register

6 under section 7304 of this title.

7 ‘‘(b) AUTHORITY TO SELL VESSEL.—If the Secretary

8 considers that the sale of the vessel is in the national inter9 est, the Secretary may sell the vessel. Any such sale shall

10 be in accordance with regulations prescribed by the Sec11 retary for the purposes of this section.

12 ‘‘(c) PROCEDURES FOR SALE.—(1) A vessel stricken

13 from the Naval Vessel Register and not subject to disposal

14 under any other law may be sold under this section. In such

15 a case, the Secretary may sell the vessel to the highest ac16 ceptable bidder, regardless of the appraised value of the ves17 sel, after the vessel is publicly advertised for sale for a pe18 riod of not less than 30 days.

19 ‘‘(2) If the Secretary determines that the bid prices for

20 a vessel received after advertising under paragraph (1) are

21 not acceptable and that readvertising will serve no useful

22 purpose, the Secretary may sell the vessel by negotiation

23 to the highest acceptable bidder if—

24 ‘‘(A) each responsible bidder has been notified of

25 intent to negotiate and has been given a reasonable

26 opportunity to negotiate; and
267

HR 2401 RH

1 ‘‘(B) the negotiated price is—

2 ‘‘(i) higher than the highest rejected price of

3 any responsible bidder; or

4 ‘‘(ii) reasonable and in the national inter5 est.

6 ‘‘(d) APPLICABILITY.—This section does not apply to

7 a vessel the disposal of which is authorized by the Federal

8 Property and Administrative Services Act of 1949 (40

9 U.S.C. 471 et seq.), if it is to be disposed of under that

10 Act.

11 ‘‘§ 7306. Vessels stricken from Naval Vessel Register;

12 captured vessels: transfer by gift or other13 wise

14 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—Subject to

15 subsections (c) and (d) of section 602 of the Federal Prop16 erty and Administrative Services Act of 1949 (40 U.S.C.

17 474), the Secretary of the Navy may transfer, by gift or

18 otherwise, any vessel stricken from the Naval Vessel Reg19 ister, or any captured vessel, to—

20 ‘‘(1) any State, Commonwealth, or possession of

21 the United States or any municipal corporation or

22 political subdivision thereof;

23 ‘‘(2) the District of Columbia; or

24 ‘‘(3) any not-for-profit or nonprofit entity.
268

HR 2401 RH

1 ‘‘(b) VESSEL TO BE MAINTAINED IN CONDITION SAT2 ISFACTORY TO SECRETARY.—An agreement for the transfer

3 of a vessel under subsection (a) shall include a requirement

4 that the transferee will maintain the vessel in a condition

5 satisfactory to the Secretary.

6 ‘‘(c) TRANSFERS TO BE AT NO COST TO UNITED

7 STATES.—Any transfer of a vessel under this section shall

8 be made at no cost to the United States.

9 ‘‘(d) NOTICE TO CONGRESS.—(1) No transfer under

10 this section takes effect unless—

11 ‘‘(A) notice of the proposal to make the transfer

12 is sent to Congress; and

13 ‘‘(B) 60 calendar days of continuous session of

14 Congress have expired after the notice is sent to Con15 gress.

16 ‘‘(2) For purposes of paragraph (1)(B), the continuity

17 of a session of Congress is broken only by an adjournment

18 of the Congress sine die, and the days on which either House

19 is not in session because of an adjournment of more than

20 3 days to a day certain are excluded in the computation

21 of such 60-day period.
269

HR 2401 RH

1 ‘‘§ 7306a. Vessels stricken from Naval Vessel Register:

2 use for experimental purposes

3 ‘‘(a) AUTHORITY.—The Secretary of the Navy may use

4 for experimental purposes any vessel stricken from the

5 Naval Vessel Register.

6 ‘‘(b) STRIPPING VESSEL.—(1) Before using a vessel for

7 an experimental purpose pursuant to subsection (a), the

8 Secretary shall carry out such stripping of the vessel as is

9 practicable.

10 ‘‘(2) Amounts received as proceeds from the stripping

11 of a vessel pursuant to this subsection shall be credited to

12 appropriations available for the procurement of scrapping

13 services needed for such stripping. Amounts received which

14 are in excess of amounts needed for procuring such services

15 shall be deposited into the general fund of the Treasury.

16 ‘‘§ 7307. Disposals to foreign nations

17 ‘‘(a) LARGER OR NEWER VESSELS.—A naval vessel

18 that is in excess of 3,000 tons or that is less than 20 years

19 of age may not be disposed of to another nation (whether

20 by sale, lease, grant, loan, barter, transfer, or otherwise)

21 unless the disposition of that vessel is approved by law en22 acted after August 5, 1974. A lease or loan of such a vessel

23 under such a law may be made only in accordance with

24 the provisions of chapter 6 of the Arms Export Control Act

25 (22 U.S.C. 2796 et seq.) or chapter 2 of part II of the For26 eign Assistance Act of 1961 (22 U.S.C. 2311 et seq.).
270

HR 2401 RH

1 ‘‘(b) OTHER VESSELS.—(1) A naval vessel not subject

2 to subsection (a) may be disposed of to another nation

3 (whether by sale, lease, grant, loan, barter, transfer, or oth4 erwise) in accordance with applicable provisions of law, but

5 only after—

6 ‘‘(A) the Secretary of the Navy notifies the Com7 mittees on Armed Services of the Senate and House

8 of Representatives in writing of the proposed disposi9 tion; and

10 ‘‘(B) 30 days of continuous session of Congress

11 have expired following the date on which such notice

12 was transmitted to those committees.

13 ‘‘(2) For purposes of paragraph (1)(B), the continuity

14 of a session of Congress is broken only by an adjournment

15 of the Congress sine die, and the days on which either House

16 is not in session because of an adjournment of more than

17 3 days to a day certain are excluded in the computation

18 of such 30-day period.

19 ‘‘§ 7308. Chief of Naval Operations: certification re20 quired for disposal of combatant vessels

21 ‘‘Notwithstanding any other provision of law, no com22 batant vessel of the Navy may be sold, transferred, or other23 wise disposed of, unless the Chief of Naval Operations cer24 tifies that it is not essential to the defense of the United

25 States.
271

HR 2401 RH

1 ‘‘§ 7309. Construction of vessels in foreign shipyards:

2 prohibition

3 ‘‘(a) PROHIBITION.—Except as provided in subsection

4 (b), no vessel to be constructed for any of the armed forces,

5 and no major component of the hull or superstructure of

6 any such vessel, may be constructed in a foreign shipyard.

7 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECURITY

8 INTEREST.—(1) The President may authorize exceptions to

9 the prohibition in subsection (a) when the President deter10 mines that it is in the national security interest of the

11 United States to do so.

12 ‘‘(2) The President shall transmit notice to Congress

13 of any such determination, and no contract may be made

14 pursuant to the exception authorized until the end of the

15 30-day period beginning on the date on which the notice

16 of the determination is received by Congress.

17 ‘‘(c) EXCEPTION FOR INFLATABLE BOATS.—An inflat18 able boat or a rigid inflatable boat, as defined by the Sec19 retary of the Navy, is not a vessel for the purpose of the

20 restriction in subsection (a).

21 ‘‘§ 7310. Overhaul, repair, etc. of vessels in foreign

22 shipyards: restrictions

23 ‘‘(a) VESSELS WITH HOMEPORT IN UNITED

24 STATES.—A naval vessel (or any other vessel under the ju25 risdiction of the Secretary of the Navy) the homeport of

26 which is in the United States may not be overhauled, re-
272

HR 2401 RH

1 paired, or maintained in a shipyard outside the United

2 States, other than in the case of voyage repairs.

3 ‘‘(b) VESSEL CHANGING HOMEPORTS.—In the case of

4 a naval vessel the homeport of which is not in the United

5 States (or a territory of the United States), the Secretary

6 of the Navy may not during the 15-month period preceding

7 the planned reassignment of the vessel to a homeport in the

8 United States (or a territory of the United States) begin

9 any work for the overhaul, repair, or maintenance of the

10 vessel that is scheduled to be for a period of more than six

11 months.’’.

12 SEC. 815. ADDITIONAL AUTHORITY TO CONTRACT FOR

13 FUEL STORAGE AND MANAGEMENT.

14 (a) ADDITIONAL AUTHORITY.—Section 2388 of title

15 10, United States Code, is amended—

16 (1) in subsection (a)—

17 (A) by striking out ‘‘The’’ and inserting

18 ‘‘The Secretary of Defense or the’’; and

19 (B) by striking out ‘‘the storage, handling,

20 and distribution of liquid fuels’’ and inserting in

21 lieu thereof the following: ‘‘storage facilities for,

22 or the storage, handling, or distribution of, liq23 uid fuels or natural gas. Any such contract may

24 be entered into’’;

25 (2) by striking out subsection (b); and
273

HR 2401 RH

1 (3) by redesignating subsection (c) as subsection

2 (b).

3 (b) SECTION HEADING AMENDMENT.—The heading of

4 section 2388 of such title is amended to read as follows:

5 ‘‘§ 2388. Liquid fuels and natural gas: contracts for

6 storage, handling, or distribution’’.

7 SEC. 816. ADDITIONAL AUTHORITY RELATING TO THE AC8 QUISITION OF PETROLEUM.

9 Section 2404 of title 10, United States Code, is

10 amended—

11 (1) in subsection (c)—

12 (A) by inserting ‘‘or petroleum-related serv13 ices’’ after ‘‘petroleum’’ the first place it appears;

14 and

15 (B) by striking out ‘‘petroleum derivatives’’

16 and inserting in lieu thereof ‘‘petroleum-related

17 services’’;

18 (2) in subsection (d)—

19 (A) by striking out ‘‘and products’’ and in20 serting in lieu thereof ‘‘products’’; and

21 (B) by striking out the period at the end

22 and inserting in lieu thereof ‘‘, and natural

23 gas.’’; and

24 (3) by adding at the end the following new sub25 section:
274

HR 2401 RH

1 ‘‘(e) The Secretary of Defense may sell petroleum that

2 is in inventory if the Secretary determines that the sale

3 would be in the public interest. Amounts received from such

4 a sale shall be credited to appropriations available for the

5 acquisition of petroleum. Amounts so credited shall be

6 available for obligation for the same period as the appro7 priations to which the amounts are credited.’’.

8 SEC. 817. SIMPLIFIED ACQUISITION THRESHOLD.

9 (a) SIMPLIFIED ACQUISITION THRESHOLD.—Para10 graph (7) of section 2302 of title 10, United States Code,

11 is amended to read as follows:

12 ‘‘(7) The term ‘simplified acquisition threshold’

13 means $100,000, adjusted on October 1 of each year

14 divisible by 5 to the amount equal to $100,000 in

15 constant fiscal year 1990 dollars (rounded to the

16 nearest $1,000).’’.

17 (b) CONFORMING AMENDMENTS.—(1) Title 10, United

18 States Code, is amended by striking out ‘‘small purchase

19 threshold’’ each place it appears other than sections

20 2410i(b)(1), 2304(g)(2), and 2304(g)(3) and inserting in

21 lieu thereof ‘‘simplified acquisition threshold’’.

22 (2) Section 2304(g)(1) is amended by adding at the

23 end the following: ‘‘Any such simplified procedures shall

24 maintain the notice requirements under section 18 of the

25 Office of Federal Procurement Policy Act (41 U.S.C. 416)
275

HR 2401 RH

1 and subsections (e), (f), and (g) of section 8 of the Small

2 Business Act (15 U.S.C. 637) for any purchase or contract

3 for an amount in excess of the small purchase threshold,

4 as that term is used in those Acts.’’.

5 (3) Section 2384(b) of title 10, United States Code, is

6 amended—

7 (A) in paragraph (1), by inserting ‘‘or in para8 graph (3)’’ after ‘‘in paragraph (2)’’; and

9 (B) by adding at the end the following new

10 paragraph:

11 ‘‘(3) Paragraph (1) does not apply to a contract in

12 an amount equal to or less than the simplified acquisition

13 threshold (as defined in section 2302(7) of this title).’’.

14 (4) Section 2397c(a)(1) of title 10, United States Code,

15 is amended by striking out ‘‘in excess of $100,000’’ and in16 serting in lieu thereof ‘‘in an amount in excess of the sim17 plified acquisition threshold (as defined in section 2302(7)

18 of this title)’’.

19 (5) Section 2408(a) of title 10, United States Code,

20 is amended by adding at the end the following new para21 graph:

22 ‘‘(4) In this subsection, the term ‘defense contract’

23 means a contract in an amount in excess of the simplified

24 acquisition threshold (as defined in section 2302(7) of this

25 title).’’.
276

HR 2401 RH

1 SEC. 818. PROCUREMENT OF COMMERCIAL AND

2 NONDEVELOPMENTAL ITEMS.

3 (a) POLICY.—Section 2301(a) of title 10, United

4 States Code, is amended—

5 (1) by striking out ‘‘and’’ at the end of para6 graph (6);

7 (2) by striking out the period at the end of para8 graph (7) and inserting in lieu thereof a semicolon;

9 and

10 (3) by adding at the end the following new para11 graphs:

12 ‘‘(8) to the maximum extent practicable, and

13 consistent with the objectives set forth in section

14 2501(c) of this title, the Department of Defense shall

15 acquire commercial items to meet its needs and shall

16 require prime contractors and subcontractors, at all

17 levels, which furnish other than commercial items, to

18 incorporate to the maximum extent practicable com19 mercial items as components of items being supplied

20 to the Department; and

21 ‘‘(9) when commercial items and components are

22 not available, practicable, or cost effective, the De23 partment shall acquire, and shall require prime con24 tractors and subcontractors to incorporate, other

25 nondevelopmental items and components to the maxi26 mum extent practicable.’’.
277

HR 2401 RH

1 (b) COMMERCIAL ITEM DEFINED.—Section 2302 of

2 title 10, United States Code, as amended by section 817,

3 is further amended by adding at the end the following new

4 paragraph:

5 ‘‘(8) The term ‘commercial item’ means any item

6 regularly used in the course of normal business oper7 ations for other than Government purposes that—

8 ‘‘(A) has been sold, leased, or licensed to the

9 general public;

10 ‘‘(B) has been offered for sale, lease, or li11 cense to the general public;

12 ‘‘(C) is not yet available in the commercial

13 marketplace, but will be available in time to sat14 isfy the delivery requirements under a Govern15 ment solicitation; or

16 ‘‘(D) is an item that, but for minor modi17 fications made to meet Government require18 ments, would satisfy the criteria set forth in sub19 paragraph (A), (B), or (C).’’.

20 (c) COST OR PRICING DATA.—Section 2306a(b) of title

21 10, United States Code, is amended—

22 (1) by redesignating subparagraphs (A), (B),

23 and (C) of paragraph (1) as clauses (i), (ii), and

24 (iii), respectively;
278

HR 2401 RH

1 (2) by redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B), respectively;

3 (3) by inserting ‘‘(1)’’ before ‘‘This section need

4 not’’; and

5 (4) by adding at the end the following:

6 ‘‘(2) This section does not apply to a contract or sub7 contract for commercial items unless the head of the agency

8 determines that cost or pricing data are necessary for the

9 evaluation by the agency of the reasonableness of the price

10 of the contract or subcontract. In any case in which the

11 head of the agency requires such data to be submitted under

12 this section, the head of the agency shall document in writ13 ing the reasons for such requirement.’’.

14 (d) PROCUREMENT PLANNING.—(1) Subsection (a) of

15 section 2325 of title 10, United States Code, is amended

16 by inserting ‘‘commercial or’’ before ‘‘nondevelopmental

17 items’’ each place it appears in paragraphs (2), (3), and

18 (4).

19 (2) The heading of section 2325 of such title is amend20 ed to read as follows:

21 ‘‘§ 2325. Preference for commercial and

22 nondevelopmental items’’.

23 (3) The table of sections at the beginning of chapter

24 137 of such title is amended by striking out the item relat-
279

HR 2401 RH

1 ing to section 2325 and inserting in lieu thereof the follow2 ing:

‘‘2325. Preference for commercial and nondevelopmental items.’’.

3 (e) PROCUREMENT OF COMMERCIAL ITEMS.—(1)

4 Chapter 137 of title 10, United States Code, is amended

5 by inserting after section 2325 the following new section:

6 ‘‘§ 2325a. Procurement of commercial items

7 ‘‘(a) REGULATIONS; UNIFORM TERMS AND CONDI8 TIONS.—(1) The Secretary of Defense shall prescribe regula9 tions implementing this section and paragraphs (8) and (9)

10 of section 2301(a) of this title. The regulations shall contain

11 a set or sets of uniform terms and conditions to be included

12 in contracts for the acquisition of commercial end items.

13 Such uniform terms and conditions shall be modeled to the

14 maximum extent practicable on commercial terms and con15 ditions and shall include only those contract clauses, in16 cluding clauses requiring terms and conditions to be flowed

17 down to subcontractors, that are—

18 ‘‘(A) required to implement provisions of law ap19 plicable to commercial item acquisitions;

20 ‘‘(B) essential for the protection of the Federal

21 Government’s interest in an acquisition; or

22 ‘‘(C) determined by the Secretary to be consistent

23 with standard commercial practice.

24 ‘‘(2) The regulations prescribed under paragraph (1)

25 shall provide that prime contractors and subcontractors fur-
280

HR 2401 RH

1 nishing other than commercial items as end items or com2 ponents may not require suppliers furnishing commercial

3 items as components to comply with any clause, term, or

4 condition except those—

5 ‘‘(A) required to implement provisions of law ap6 plicable to subcontractors furnishing commercial

7 items;

8 ‘‘(B) essential for the protection of the prime

9 contractor or higher tier subcontractor in a particular

10 acquisition; or

11 ‘‘(C) determined to be consistent with standard

12 commercial practice.

13 ‘‘(b) DEFINITIONS.—In this section:

14 ‘‘(1) The term ‘component’ means any item sup15 plied to the Government as part of an end item or of

16 another component.

17 ‘‘(2) The term ‘nondevelopmental item’ has the

18 meaning given that term in section 2325 of this title.

19 ‘‘(c) EXEMPTIONS FROM PRESENT LAW.—Procure20 ments of commercial items shall not be subject to the follow21 ing provisions of this title:

22 ‘‘(1) Section 2324.

23 ‘‘(2) Section 2384.

24 ‘‘(3) Section 2393.

25 ‘‘(4) Section 2397.
281

HR 2401 RH

1 ‘‘(5) Section 2397a.

2 ‘‘(6) Section 2397b.

3 ‘‘(7) Section 2397c.

4 ‘‘(8) Section 2402.

5 ‘‘(9) Section 2406.

6 ‘‘(10) Section 2408.

7 ‘‘(d) SET-ASIDES PRESERVED.—Nothing in this sec8 tion shall prevent the Secretary of Defense from restricting

9 the award of prime contracts for commercial items to any

10 source as may from time to time be prescribed or permitted

11 by law.

12 ‘‘(e) RESTRICTION TO FIRM, FIXED PRICE CON13 TRACTS.—Except where commercial items are to be pro14 vided as a portion of a contract that also provides for the

15 delivery of other than commercial items, only firm, fixed

16 price contracts or fixed price contracts with economic price

17 adjustment provisions shall be used to acquire commercial

18 end items under this section.’’.

19 (2) The table of sections at the beginning of chapter

20 137 of such title is amended by inserting after the item re21 lating to section 2325 the following new item:

‘‘2325a. Procurement of commercial items.’’.

22 SEC. 819. TECHNICAL AND CLERICAL AMENDMENTS.

23 (a) AMENDMENTS TO TABLES OF SECTIONS.—The

24 table of sections at the beginning of each chapter of title

25 10, United States Code, listed in the following paragraphs
282

HR 2401 RH

1 is amended by striking out the items relating to the sections

2 listed in such paragraphs:

3 (1) Chapter 137: section 2317.

4 (2) Chapter 139: section 2362.

5 (3) Chapter 141: sections 2384a and 2389.

6 (4) Chapter 144: sections 2436 and 2437.

7 (5) Chapter 433: sections 4531, 4534, 4535,

8 4537, 4538, and 4541.

9 (6) Chapter 631: sections 7201, 7210, 7213, and

10 7230.

11 (7) Chapter 633: sections 7296, 7298, and 7301.

12 (8) Chapter 637: section 7366.

13 (9) Chapter 933: sections 9531, 9534, 9535,

14 9537, 9538, and 9541.

15 (b) AMENDMENTS TO TABLES OF CHAPTERS.—

16 (1) The table of chapters at the beginning of sub17 title A, and part IV of subtitle A, of title 10, United

18 States Code, are amended by striking out the item re19 lating to chapter 135.

20 (2) The table of chapters at the beginning of sub21 title B, and part IV of subtitle B, of such title are

22 amended by striking out the item relating to chapter

23 431.

24 (3) The table of chapters at the beginning of sub25 title C, and part IV of subtitle C, of such title are
283

HR 2401 RH

1 amended by striking out the item relating to chapter

2 635.

3 (c) ADDITIONAL AMENDMENTS.—

4 (1) The table of sections at the beginning of sub5 chapter I of chapter 11 of title 10, United States

6 Code, is amended by inserting after the item relating

7 to section 278 the following new item:

‘‘279. Authority to accept certain gratuitous services of officers’’.

8 (2) The table of sections at the beginning of

9 chapter 139 of such title is amended by adding at the

10 end the following new item:

‘‘2373. Procurement for experimental purposes’’.

11 (3) The table of sections at the beginning of

12 chapter 141 of such title is amended by striking out

13 the item relating to section 2388 and inserting in lieu

14 thereof the following:

‘‘2388. Liquid fuels and natural gas: contracts for storage, handling, or distribution.’’.

15 (4) The table of sections at the beginning of sub16 chapter V of chapter 148 of such title is amended by

17 adding at the end the following new items:

‘‘2538. Industrial mobilization: orders; priorities; possession of manufacturing

plants; violations

‘‘2539. Industrial mobilization: plants; lists

‘‘2540. Industrial mobilization: Board on Mobilization of Industries Essential for

Military Preparedness

‘‘2541. Availability of samples, drawings, information, equipment, materials, and

certain services.’’.
284

HR 2401 RH

1 (5) Chapter 431 of such title is amended by

2 striking out the chapter heading and the table of sec3 tions.

4 (6) The table of sections at the beginning of

5 chapter 633 of such title is amended by striking out

6 the items relating to sections 7304, 7305, 7306, 7307,

7 7308, 7309, and 7310 and inserting in lieu thereof

8 the following:

‘‘7304. Examination of vessels; striking of vessels from Naval Vessel Register.

‘‘7305. Vessels stricken from Naval Vessel Register: sale.

‘‘7306. Vessels stricken from Naval Vessel Register; captured vessels: transfer by

gift or otherwise.

‘‘7306a. Vessels stricken from Naval Vessel Register: use for experimental purposes.

‘‘7307. Disposals to foreign nations.

‘‘7308. Chief of Naval Operations: certification required for disposal of combatant

vessels.

‘‘7309. Construction of vessels in foreign shipyards: prohibition.

‘‘7310. Overhaul, repair, etc. of vessels in foreign shipyards: restrictions.’’.

9 (7)(A) Chapter 931 of such title is amended—

10 (i) by striking out the table of sections for

11 subchapter I;

12 (ii) by striking out the headings for sub13 chapters I and II;

14 (iii) by striking out the table of subchapters;

15 and

16 (iv) by amending the chapter heading to

17 read as follows:

18 ‘‘CHAPTER 931—CIVIL RESERVE AIR FLEET’’.

19 (B) The table of chapters at the beginning of sub20 title D, and part IV of subtitle D, of such title are
285

HR 2401 RH

1 amended by striking out the items relating to chapter

2 931 and inserting in lieu thereof the following:

‘‘931. Civil Reserve Air Fleet ............................................................... 9511’’.

3 (d) CROSS-REFERENCE AMENDMENTS.—(1) Section

4 505(a)(2)(B)(i) of the National Security Act of 1947 (50

5 U.S.C. 415(a)(2)(B)(i)) is amended by striking out ‘‘section

6 7307(b)(1)’’ and inserting in lieu thereof ‘‘section 7307(a)’’.

7 (2) Section 2366(d) of title 10, United States Code,

8 is amended by striking out ‘‘to the defense committees of

9 Congress (as defined in section 2362(e)(3) of this title).’’

10 and inserting in lieu thereof ‘‘to the Committees on Armed

11 Services and on Appropriations of the Senate and House

12 of Representatives.’’.

13 Subtitle C—Other Matters

14 SEC. 821. REPORTS ON CONTRACT BUNDLING.

15 (a) REPORTS.—Not later than April 1, 1994, the Sec16 retary of Defense and the Comptroller General shall each

17 submit to the Committees on Armed Services and on Small

18 Business of the Senate and House of Representatives a re19 port on the effects of contract bundling on the participation

20 by small business concerns and small disadvantaged busi21 ness concerns in procurement by the Department of Defense.

22 The report shall contain the findings and conclusions of the

23 Secretary or the Comptroller General, as the case may be,

24 regarding such effects, based on the data collected under sub-
286

HR 2401 RH

1 section (b). The report also shall contain such recommenda2 tions for administrative or legislative action as the Sec3 retary or Comptroller General considers appropriate to

4 maintain and increase participation by small business con5 cerns and small disadvantaged business concerns in pro6 curement by the Department of Defense.

7 (b) DATA COLLECTION.—For purposes of carrying out

8 the report requirement of subsection (a), the Secretary of

9 Defense shall collect data on the effect of contract bundling

10 on the participation by small business concerns and small

11 disadvantaged business concerns in procurement by the De12 partment of Defense. At a minimum, the Secretary shall

13 collect data on the following:

14 (1) The number and types of bundled contracts

15 awarded during fiscal years 1992 and 1993 and ex16 pected to be awarded during fiscal year 1994, together

17 with the reasons for the bundling of such contracts.

18 (2) The cost effectiveness of bundling such con19 tracts compared to awarding the contracts in sepa20 rate, smaller contracts.

21 (3) The number of smaller contracts that would

22 have been awarded if such contracts were not bundled,

23 and the types of contractors (such as small business

24 concerns and small disadvantaged business concerns)
287

HR 2401 RH

1 that could have been expected to perform the smaller

2 contracts.

3 (4) The extent to which small businesses and

4 small disadvantaged businesses participate as sub5 contractors on bundled contracts.

6 (c) TRANSMISSION OF DATA TO COMPTROLLER GEN7 ERAL.—Not later than February 1, 1994, the Secretary of

8 Defense shall transmit to the Comptroller General a copy

9 of the data collected under subsection (b) for use by the

10 Comptroller General in carrying out the report requirement

11 of subsection (a).

12 (d) DEFINITION.—For purposes of this section, the

13 term ‘‘contract bundling’’ means the consolidation of two

14 or more requirements, descriptions, specifications, line

15 items, or statements of work that individually were or could

16 be performed by a small business concern, resulting in a

17 contract opportunity for supplies, services, or construction

18 that may be unsuitable for award to a small business con19 cern due to—

20 (1) the diversity and size of the elements of per21 formance specified;

22 (2) the aggregate dollar value of the anticipated

23 award;

24 (3) the geographical dispersion of the contract

25 performance sites; or
288

HR 2401 RH

1 (4) any combination of paragraphs (1), (2), and

2 (3).

3 SEC. 822. PROHIBITION ON COMPETITION BETWEEN DEPOT

4 MAINTENANCE ACTIVITIES AND SMALL BUSI5 NESSES FOR CERTAIN MAINTENANCE CON6 TRACTS.

7 (a) IN GENERAL.—(1) Chapter 146 of title 10, United

8 States Code, as amended by sections 342 and 344, is further

9 amended by adding at the end the following new section:

10 ‘‘§ 2472. Contracts to perform depot-level mainte11 nance: prohibition on competition between

12 depot-level activities and small businesses

13 and certain other entities

14 ‘‘(a) EXCLUSION.—In any case in which the Secretary

15 of Defense plans to use competitive procedures to select an

16 entity to perform a depot-level maintenance workload, if the

17 procurement is to be conducted as described in subsection

18 (b), then the Secretary shall exclude from competing in the

19 procurement depot-level activities of the Department of De20 fense.

21 ‘‘(b) PROCUREMENT DESCRIPTION.—The requirement

22 to exclude depot-level activities under subsection (a) applies

23 in the case of a procurement to be conducted by excluding

24 from competition entities in the private sector other than—
289

HR 2401 RH

1 ‘‘(1) small business concerns in furtherance of

2 section 8 or 15 of the Small Business Act (15 U.S.C.

3 637 or 644); or

4 ‘‘(2) entities described in subsection (a)(1) of sec5 tion 2323 of this title in furtherance of the goal speci6 fied in that subsection.’’.

7 (2) The table of sections at the beginning of such chap8 ter is further amended by adding at the end the following

9 new item:

‘‘2472. Contracts to perform depot-level maintenance: prohibition on competition

between depot-level activities and small businesses and certain

other entities.’’.

10 (b) EFFECTIVE DATE.—Section 2472 of title 10, Unit11 ed States Code, as added by subsection (a), shall take effect

12 on the date of the enactment of this Act.

13 SEC. 823. CLARIFICATION OF REQUIREMENT FOR DOMES14 TIC MANUFACTURE OF PROPELLERS FOR

15 SHIPS FUNDED UNDER THE FAST SEALIFT

16 PROGRAM.

17 Section 1424(b) of Public Law 101–510 (10 U.S.C.

18 7291 note) is amended—

19 (1) in paragraph (6), by striking out ‘‘para20 graph (5)’’ and inserting in lieu thereof ‘‘paragraph

21 (6)’’;

22 (2) by redesignating paragraphs (5) and (6) as

23 paragraphs (6) and (7), respectively; and
290

HR 2401 RH

1 (3) by adding after paragraph (4) the following

2 new paragraph (5):

3 ‘‘(5) The propellers for vessels constructed under

4 the program shall incorporate only castings poured

5 and finished in the United States and forgings manu6 factured in the United States. The Secretary of De7 fense may waive the requirement of this paragraph if

8 adhering to the requirement would result in the exist9 ence of only one United States source for such cast10 ings and forgings.’’.

11 SEC. 824. PILOT PROGRAM TO IMPROVE PRICING POLICIES

12 FOR USE OF MAJOR RANGE AND TEST FACIL13 ITY INSTALLATIONS OF THE AIR FORCE.

14 (a) PILOT PROGRAM TO ESTABLISH COMPETITIVE

15 PRICES.—(1) Chapter 949 of title 10, United States Code,

16 is amended by inserting after section 9781 the following

17 new section:

18 ‘‘§ 9782. Use of test and evaluation installations by

19 commercial entities

20 ‘‘(a) CONTRACT AUTHORITY.—The Secretary of the Air

21 Force, in consultation with the Secretary of Defense, may

22 enter into contracts with commercial entities that desire to

23 conduct commercial test and evaluation activities at a

24 Major Range and Test Facility Installation under the juris25 diction of the Secretary.
291

HR 2401 RH

1 ‘‘(b) TERMINATION OR LIMITATION OF CONTRACT

2 UNDER CERTAIN CIRCUMSTANCES.—A contract entered

3 into under subsection (a) shall contain a provision that the

4 installation commander may terminate, prohibit, or sus5 pend immediately any commercial test or evaluation activ6 ity to be conducted at the Major Range and Test Facility

7 Installation under the contract if the installation com8 mander certifies in writing that the test or evaluation activ9 ity is or would be detrimental—

10 ‘‘(1) to the public health and safety;

11 ‘‘(2) to property (either public or private); or

12 ‘‘(3) to any national security interest or foreign

13 policy interest of the United States.

14 ‘‘(c) CONTRACT PRICE.—The installation commander

15 shall require a commercial entity using a Major Range and

16 Test Facility Installation under a contract entered into

17 under subsection (a) to reimburse the installation for all

18 direct costs associated with the test and evaluation activities

19 conducted by the commercial entity under the contract. In

20 addition, the contract may require the commercial entity

21 to reimburse the installation for such indirect costs related

22 to the use of the installation as the installation commander

23 considers to be appropriate and competitive.

24 ‘‘(d) RETENTION OF FUNDS COLLECTED FROM COM25 MERCIAL USERS.—Amounts collected under subsection (c)
292

HR 2401 RH

1 from a commercial entity conducting test and evaluation

2 activities at a Major Range and Test Facility Installation

3 shall be credited to the appropriation accounts under which

4 the costs associated with the test and evaluation activities

5 of the commercial entity were incurred.

6 ‘‘(e) REGULATIONS AND LIMITATIONS.—The Secretary

7 of the Air Force, in consultation with the Secretary of De8 fense, shall prescribe regulations to carry out this section.

9 The authority of installation commanders under subsections

10 (b) and (c) shall be subject to the authority, direction, and

11 control of the Secretary of the Air Force.

12 ‘‘(f) DEFINITIONS.—In this section:

13 ‘‘(1) The term ‘Major Range and Test Facility

14 Installation’ means a test and evaluation installation

15 under the jurisdiction of the Secretary of the Air

16 Force and designated as such by the Secretary.

17 ‘‘(2) The term ‘direct costs’ includes the cost of—

18 ‘‘(A) labor, material, facilities, utilities,

19 equipment, supplies, and any other resources

20 damaged or consumed during the test or evalua21 tion activities or maintained for a particular

22 commercial entity; and

23 ‘‘(B) construction specifically performed for

24 the commercial entity to conduct test and eval25 uation activities.
293

HR 2401 RH

1 ‘‘(3) The term ‘installation commander’ means

2 the commander of a Major Range and Test Facility

3 Installation.

4 ‘‘(g) TERMINATION OF AUTHORITY.—The authority

5 provided to the Secretary of the Air Force by subsection

6 (a) shall terminate on September 30, 1998.

7 ‘‘(h) REPORT.—Not later than January 1, 1999, the

8 Secretary of the Air Force shall submit a report to the Sec9 retary of Defense and Congress describing the number and

10 purposes of contracts entered into under subsection (a) and

11 evaluating the success of this section in opening Major

12 Range and Test Facility Installations to commercial test

13 and evaluation activities.’’.

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

15 the beginning of such chapter is amended by inserting after

16 the item related to section 9781 the following new item:

‘‘9782. Use of test and evaluation installations by commercial entities.’’.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

20 Subtitle A—Office of the Secretary

21 of Defense

22 SEC. 901. ENHANCED POSITION FOR COMPTROLLER OF DE23 PARTMENT OF DEFENSE.

24 (a) IN GENERAL.—Chapter 4 of title 10, United States

25 Code, is amended—
294

HR 2401 RH

1 (1) by redesignating sections 135, 136, 138, 139,

2 140, and 141 as sections 137, 138, 139, 140, 141, and

3 142, respectively; and

4 (2) by transferring section 137 (relating to the

5 Comptroller) so as to appear after section 134a, redes6 ignating that section as section 135, and amending

7 that section by adding at the end the following new

8 subsection:

9 ‘‘(d) The Comptroller takes precedence in the Depart10 ment of Defense after the Under Secretary of Defense for

11 Policy.’’.

12 (b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section

13 5314 of title 5, United States Code, is amended by inserting

14 after the item relating to the Under Secretary of Defense

15 for Policy the following:

16 ‘‘Comptroller of the Department of Defense.’’.

17 (c) CONFORMING AMENDMENT.—Subsection (d) of sec18 tion 138 of title 10, United States Code, as redesignated

19 by subsection (a), is amended by inserting ‘‘and Comptrol20 ler’’ after ‘‘Under Secretaries of Defense’’.

21 SEC. 902. NEW POSITION OF UNDER SECRETARY OF DE22 FENSE FOR PERSONNEL AND READINESS.

23 (a) IN GENERAL.—Chapter 4 of title 10, United States

24 Code, is amended by inserting after section 135, as trans-
295

HR 2401 RH

1 ferred and redesignated by section 901(a), the following new

2 section:

3 ‘‘§ 136. Under Secretary of Defense for Personnel and

4 Readiness

5 ‘‘(a) There is an Under Secretary of Defense for Per6 sonnel and Readiness, appointed from civilian life by the

7 President, by and with the consent of the Senate.

8 ‘‘(b) Subject to the authority, direction, and control of

9 the Secretary of Defense, the Under Secretary of Defense

10 for Personnel and Readiness shall perform such duties and

11 exercise such powers as the Secretary of Defense may pre12 scribe in the areas of military readiness, total force manage13 ment, military and civilian personnel requirements, mili14 tary and civilian personnel training, military and civilian

15 family matters, personnel requirements for weapons sup16 port, National Guard and reserve components, and health

17 affairs.

18 ‘‘(c) The Under Secretary of Defense for Personnel and

19 Readiness takes precedence in the Department of Defense

20 after the Comptroller.’’.

21 (b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section

22 5314 of title 5, United States Code, is amended by inserting

23 after the item relating to the Comptroller of the Department

24 of Defense, as added by section 901(b), the following:
296

HR 2401 RH

1 ‘‘Under Secretary of Defense for Personnel and

2 Readiness.’’.

3 (c) OFFSETTING REDUCTION IN NUMBER OF ASSIST4 ANT SECRETARY OF DEFENSE POSITIONS.—(1) Subsection

5 (a) of section 138 of title 10, United States Code, as redesig6 nated by section 901(a), is amended by striking out ‘‘elev7 en’’ and inserting in lieu thereof ‘‘ten’’.

8 (2) Section 5315 of title 5, United States Code, is

9 amended by striking out ‘‘Assistant Secretaries of Defense

10 (11)’’ and inserting in lieu thereof ‘‘Assistant Secretaries

11 of Defense (10)’’.

12 SEC. 903. REDESIGNATION OF POSITIONS OF UNDER SEC13 RETARY AND DEPUTY UNDER SECRETARY OF

14 DEFENSE FOR ACQUISITION.

15 (a) REDESIGNATIONS.—The office of Under Secretary

16 of Defense for Acquisition in the Department of Defense is

17 hereby redesignated as Under Secretary of Defense for Ac18 quisition and Technology. The office of Deputy Under Sec19 retary of Defense for Acquisition in the Department of De20 fense is hereby redesignated as Deputy Under Secretary of

21 Defense for Acquisition and Technology.

22 (b) USD CHARTER AMENDMENTS.—(1) Section 133 of

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

24 ‘‘Under Secretary of Defense for Acquisition’’ in subsections
297

HR 2401 RH

1 (a), (b), and (e)(1) and inserting in lieu thereof ‘‘Under

2 Secretary of Defense for Acquisition and Technology’’.

3 (2) The heading for such section is amended to read

4 as follows:

5 ‘‘§ 133. Under Secretary of Defense for Acquisition and

6 Technology’’.

7 (c) DUSD CHARTER AMENDMENTS.—(1) Section 133a

8 of such title is amended by striking out ‘‘Deputy Under Sec9 retary of Defense for Acquisition’’ in subsections (a) and

10 (b) and inserting in lieu thereof ‘‘Deputy Under Secretary

11 of Defense for Acquisition and Technology’’.

12 (2) The heading for such section is amended to read

13 as follows:

14 ‘‘§ 133a. Deputy Under Secretary of Defense for Acqui15 sition and Technology’’.

16 (d) CONFORMING AMENDMENTS TO TITLE 10, UNITED

17 STATES CODE.—(1) The following sections of title 10, Unit18 ed States Code, are amended by striking out ‘‘Under Sec19 retary of Defense for Acquisition’’ each place such term ap20 pears (including section headings) and inserting in lieu

21 thereof ‘‘Under Secretary of Defense for Acquisition and

22 Technology’’: sections 134(c), 137(b) (as redesignated by sec23 tion 901(a)), 139 (as redesignated by section 901(a)),

24 171(a)(3), 179(a), 1702, 1703, 1707(a), 1722, 1735(c),

25 1737(c), 1741(b), 1746(a), 1761(b), 1762(a), 1763, 2304(f),
298

HR 2401 RH

1 2308(b), 2325(b), 2329, 2350a, 2369, 2399(b), 2435(b),

2 2438(c), 2523(a), and 2534(b).

3 (2) The item relating to section 1702 in the table of

4 sections at the beginning of subchapter I of chapter 87 of

5 such title is amended to read as follows:

‘‘1702. Under Secretary of Defense for Acquisition and Technology: authorities

and responsibilities.’’.

6 (3) Section 171(a)(8) of such title is amended by strik7 ing out ‘‘Deputy Under Secretary of Defense for Acquisi8 tion’’ and inserting in lieu thereof ‘‘Deputy Under Sec9 retary of Defense for Acquisition and Technology’’.

10 (e) CONFORMING AMENDMENTS TO TITLE 5, UNITED

11 STATES CODE.—(1) Section 5313 of title 5, United States

12 Code, is amended by striking out ‘‘Under Secretary of De13 fense for Acquisition’’ and inserting in lieu thereof ‘‘Under

14 Secretary of Defense for Acquisition and Technology’’.

15 (2) Section 5314 of such title is amended by striking

16 out ‘‘Deputy Under Secretary of Defense for Acquisition’’

17 and inserting in lieu thereof ‘‘Deputy Under Secretary of

18 Defense for Acquisition and Technology’’.

19 (f) REFERENCES IN OTHER LAWS.—Any reference to

20 the Under Secretary of Defense for Acquisition or the Dep21 uty Under Secretary of Defense for Acquisition in any pro22 vision of law other than title 10, United States Code, or

23 in any rule, regulation, or other paper of the United States

24 shall be treated as referring to the Under Secretary of De-
299

HR 2401 RH

1 fense for Acquisition and Technology or the Deputy Under

2 Secretary of Defense for Acquisition and Technology, re3 spectively.

4 SEC. 904. FURTHER CONFORMING AMENDMENTS TO CHAP5 TER 4 OF TITLE 10, UNITED STATES CODE.

6 (a) COMPOSITION OF OSD.—Subsection (b) of section

7 131 of title 10, United States Code, is amended to read as

8 follows:

9 ‘‘(b) The Office of the Secretary of Defense is composed

10 of the following:

11 ‘‘(1) The Deputy Secretary of Defense.

12 ‘‘(2) The Under Secretary of Defense for Acquisi13 tion and Technology.

14 ‘‘(3) The Under Secretary of Defense for Policy.

15 ‘‘(4) The Comptroller.

16 ‘‘(5) The Under Secretary of Defense for Person17 nel and Readiness.

18 ‘‘(6) The Director of Defense Research and Engi19 neering.

20 ‘‘(7) The Assistant Secretaries of Defense.

21 ‘‘(8) The Director of Operational Test and Eval22 uation.

23 ‘‘(9) The General Counsel of the Department of

24 Defense.
300

HR 2401 RH

1 ‘‘(10) The Inspector General of the Department

2 of Defense.

3 ‘‘(11) Such other offices and officials as may be

4 established by law or the Secretary of Defense may es5 tablish or designate in the Office.’’.

6 (b) TABLE OF SECTIONS.—The table of sections at the

7 beginning of chapter 4 of such title is amended to read as

8 follows:

‘‘Sec.

‘‘131. Office of the Secretary of Defense.

‘‘132. Deputy Secretary of Defense.

‘‘133. Under Secretary of Defense for Acquisition and Technology.

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

‘‘134. Under Secretary of Defense for Policy.

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

‘‘135. Comptroller.

‘‘136. Under Secretary of Defense for Personnel and Readiness.

‘‘137. Director of Defense Research and Engineering.

‘‘138. Assistant Secretaries of Defense.

‘‘139. Director of Operational Test and Evaluation.

‘‘140. General Counsel.

‘‘141. Inspector General.

‘‘142. Assistant to the Secretary of Defense for Atomic Energy.’’.

9 SEC. 905. DIRECTOR OF OPERATIONAL TEST AND EVALUA10 TION.

11 Subsection (c) of section 139 of title 10, United States

12 Code, as redesignated by section 901(a)(1), is amended—

13 (1) by striking out the first sentence;

14 (2) by striking out ‘‘Director of Defense Research

15 and Engineering’’ and inserting in lieu thereof

16 ‘‘Under Secretary of Defense for Acquisition and

17 Technology’’; and
301

HR 2401 RH

1 (3) by striking out ‘‘research and development’’

2 and inserting in lieu thereof ‘‘acquisition’’.

3 Subtitle B—Reserve Commands

4 SEC. 921. ARMY RESERVE COMMAND.

5 (a) ESTABLISHMENT AS A PERMANENT SEPARATE

6 ARMY COMMAND.—(1) Chapter 307 of title 10, United

7 States Code, as amended by section 519(a), is further

8 amended by inserting after section 3081 the following new

9 section:

10 ‘‘§ 3082. Army Reserve command

11 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in the

12 Army an Army Reserve command, which shall be a separate

13 command of the Army. The Secretary of the Army shall

14 maintain that command with the advice and assistance of

15 the Chief of Staff of the Army.

16 ‘‘(b) COMMANDER.—The Chief of Army Reserve is the

17 commander of the Army Reserve command. The commander

18 of the Army Reserve command reports directly to the Chief

19 of Staff of the Army.

20 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

21 Army shall assign to the Army Reserve command all forces

22 of the Army Reserve.

23 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1) The

24 Chief of Staff of the Army shall establish standards, evalu25 ate units, validate units, and provide training assistance
302

HR 2401 RH

1 for the Army Reserve in the areas of unit training, readi2 ness, and mobilization.

3 ‘‘(2) The Chief of Staff shall establish training doc4 trine, with associated tasks, conditions, and standards, for

5 individual and unit training and shall establish standards,

6 control of certification, and validation for all courses, in7 structors, and students for the Army Reserve.

8 ‘‘(3) The commander of the Army Reserve command

9 shall be responsible for meeting the standards, and for suc10 cessfully complying with the evaluation, certification, and

11 validation requirements, established by the Chief of Staff

12 of the Army pursuant to paragraphs (1) and (2).’’.

13 (2) The table of sections at the beginning of such chap14 ter, as amended by section 519(b), is further amended by

15 inserting after the item relating to section 3081 the follow16 ing new item:

‘‘3082. Army Reserve command.’’.

17 (b) CONFORMING REPEAL.—Section 903 of the Na18 tional Defense Authorization Act for Fiscal Year 1991 (Pub19 lic Law 101–510; 104 Stat. 1620) (10 U.S.C. 3074 note)

20 is repealed.

21 (c) TRANSITION PROVISION.—Not later than 90 days

22 after the date of the enactment of this Act, the Secretary

23 of the Army, in consultation with the Chief of Staff of the

24 Army, shall submit to the Committees on Armed Services

25 of the Senate and House of Representatives a report on the
303

HR 2401 RH

1 plans of the Secretary of the Army for implementation of

2 section 3082 of title 10, United States Code, as added by

3 subsection (a). Such implementation shall begin not later

4 than 90 days after the date of the enactment of this Act

5 and shall be completed not later than one year after such

6 date.

7 SEC. 922. NAVAL RESERVE COMMAND.

8 (a) ESTABLISHMENT AS PERMANENT SEPARATE

9 NAVAL COMMAND.—Chapter 519 of title 10, United States

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

11 section:

12 ‘‘§ 5253. Naval Reserve command

13 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in the

14 Navy a Naval Reserve command, which shall be a separate

15 command of the Navy. The Secretary of the Navy shall

16 maintain that command with the advice and assistance of

17 the Chief of Naval Operations.

18 ‘‘(b) COMMANDER.—The Chief of Naval Reserve is the

19 commander of the Naval Reserve command. The commander

20 of the Naval Reserve command reports directly to the Chief

21 of Naval Operations.

22 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

23 Navy shall assign to the Naval Reserve command all forces

24 of the Naval Reserve other than those Naval Reserve forces
304

HR 2401 RH

1 specifically assigned by the Secretary to the active compo2 nent of the Navy.

3 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1) The

4 Chief of Naval Operations shall establish standards, evalu5 ate units, validate units, and provide training assistance

6 for the Naval Reserve in the areas of unit training, readi7 ness, and mobilization.

8 ‘‘(2) The Chief of Naval Operations shall establish

9 training doctrine, with associated tasks, conditions, and

10 standards, for individual and unit training and shall estab11 lish standards, control of certification, and validation for

12 all courses, instructors, and students for the Naval Reserve.

13 ‘‘(3) The commander of the Naval Reserve command

14 shall be responsible for meeting the standards, and for suc15 cessfully complying with the evaluation, certification, and

16 validation requirements, established by the Chief of Naval

17 Operations pursuant to paragraphs (1) and (2).’’.

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

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

20 end the following new item:

‘‘5253. Naval Reserve command.’’.

21 SEC. 923. MARINE CORPS RESERVE COMMAND.

22 (a) ESTABLISHMENT AS PERMANENT SEPARATE MA23 RINE CORPS COMMAND.—Chapter 519 of title 10, United

24 States Code (as amended by section 922(a)), is further

25 amended by adding at the end the following new section:
305

HR 2401 RH

1 ‘‘§ 5254. Marine Corps Reserve command

2 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in the

3 Marine Corps a Marine Corps Reserve command, which

4 shall be a separate command of the Marine Corps. The Sec5 retary of the Navy shall maintain that command with the

6 advice and assistance of the Commandant of the Marine

7 Corps.

8 ‘‘(b) COMMANDER.—The commander of the Marine

9 Corps Reserve command reports directly to the Com10 mandant of the Marine Corps.

11 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

12 Navy shall assign to the Marine Corps Reserve command

13 all forces of the Marine Corps Reserve.

14 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1) The

15 Commandant shall establish standards, evaluate units, vali16 date units, and provide training assistance for the Marine

17 Corps Reserve in the areas of unit training, readiness, and

18 mobilization.

19 ‘‘(2) The Commandant shall establish training doc20 trine, with associated tasks, conditions, and standards, for

21 individual and unit training and shall establish standards,

22 control of certification, and validation for all courses, in23 structors, and students for the Marine Corps Reserve.

24 ‘‘(3) The commander of the Marine Corps Reserve com25 mand shall be responsible for meeting the standards, and

26 for successfully complying with the evaluation, certification,
306

HR 2401 RH

1 and validation requirements, established by the Com2 mandant to paragraphs (1) and (2).’’.

3 (2) The table of sections at the beginning of such chap4 ter (as amended by section 925(b)) is amended by adding

5 at the end the following new item:

‘‘5254. United States Marine Corps Reserve command.’’.

6 SEC. 924. AIR FORCE RESERVE COMMAND.

7 (a) ESTABLISHMENT AS PERMANENT SEPARATE AIR

8 FORCE COMMAND.—(1) Chapter 807 of title 10, United

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

10 new section:

11 ‘‘§ 8082. Air Force Reserve command

12 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in the

13 Air Force an Air Force Reserve command, which shall be

14 a separate command of the Air Force. The Secretary of the

15 Air Force shall maintain that command with the advice

16 and assistance of the Chief of Staff of the Air Force.

17 ‘‘(b) COMMANDER.—The Chief of Air Force Reserve is

18 the commander of the Air Force Reserve command. The

19 commander of the Air Force Reserve command reports di20 rectly to the Chief of Staff of the Air Force.

21 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

22 Air Force shall assign to the Air Force Reserve command

23 all forces of the Air Force Reserve.

24 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1) The

25 Chief of Staff of the Air Force shall establish standards,
307

HR 2401 RH

1 evaluate units, validate units, and provide training assist2 ance for the Air Force Reserve in the areas of unit training,

3 readiness, and mobilization.

4 ‘‘(2) The Chief of Staff shall establish training doc5 trine, with associated tasks, conditions, and standards, for

6 individual and unit training and shall establish standards,

7 control of certification, and validation for all courses, in8 structors, and students for the Air Force Reserve.

9 ‘‘(3) The commander of the Air Force Reserve com10 mand shall be responsible for meeting the standards, and

11 for successfully complying with the evaluation, certification,

12 and validation requirements, established by the Chief of

13 Staff of the Air Force pursuant to paragraphs (1) and (2).’’.

14 (2) The table of sections at the beginning of such chap15 ter is amended by adding at the end the following new item:

‘‘8082. Air Force Reserve command.’’.

16 Subtitle C—Professional Military

17 Education

18 SEC. 931. AUTHORITY FOR AWARD BY NATIONAL DEFENSE

19 UNIVERSITY OF CERTAIN MASTER OF

20 SCIENCE DEGREES.

21 (a) IN GENERAL.—Chapter 108 of title 10, United

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

23 new section:
308

HR 2401 RH

1 ‘‘§ 2163. National Defense University: masters of

2 science in national security strategy and

3 in national resource strategy

4 ‘‘(a) NATIONAL WAR COLLEGE DEGREE.—The Presi5 dent of the National Defense University, upon the rec6 ommendation of the faculty and commandant of the Na7 tional War College, may confer the degree of master of

8 science of national security strategy upon graduates of the

9 National War College who fulfill the requirements for the

10 degree.

11 ‘‘(b) ICAF DEGREE.—The President of the National

12 Defense University, upon the recommendation of the faculty

13 and commandant of the Industrial College of the Armed

14 Forces, may confer the degree of master of science of na15 tional resource strategy upon graduates of the Industrial

16 College of the Armed Forces who fulfill the requirements for

17 the degree.

18 ‘‘(c) REGULATIONS.—The authority provided by sub19 sections (a) and (b) shall be exercised under regulations pre20 scribed by the Secretary of Defense.’’.

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

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

23 end the following new item:

‘‘2163. National Defense University: masters of science in national security strategy and in national resource strategy.’’.
309

HR 2401 RH

1 SEC. 932. REDESIGNATION OF ARMED FORCES STAFF COL2 LEGE.

3 The Armed Forces Staff College at Norfolk, Virginia,

4 shall after the date of the enactment of this Act be known

5 and designated as the ‘‘Joint Armed Forces Staff College’’.

6 SEC. 933. LOCATION FOR NEW JOINT WARFIGHTING CEN7 TER.

8 The Secretary of Defense shall provide for the Joint

9 Warfighting Center (established by the Secretary on July

10 1, 1993, to assist the Chairman of the Joint Chiefs of Staff

11 and other senior military officers in the preparation for

12 joint warfare) to be located at the Joint Armed Forces Staff

13 College in Norfolk, Virginia.

14 SEC. 934. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEM15 BERS AT GEORGE C. MARSHALL EUROPEAN

16 CENTER FOR SECURITY STUDIES.

17 (a) IN GENERAL.—(1) Section 1595 of title 10, United

18 States Code, is amended to read as follows:

19 ‘‘§ 1595. Civilian faculty members at certain Depart20 ment of Defense schools: employment and

21 compensation

22 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of

23 Defense may employ as many civilians as professors, in24 structors, and lecturers at the institutions specified in sub25 section (c) as the Secretary considers necessary.
310

HR 2401 RH

1 ‘‘(b) COMPENSATION OF FACULTY MEMBERS.—The

2 compensation of persons employed under this section shall

3 be as prescribed by the Secretary.

4 ‘‘(c) COVERED INSTITUTIONS.—This section applies

5 with respect to the following institutions of the Department

6 of Defense:

7 ‘‘(1) The National Defense University.

8 ‘‘(2) The Foreign Language Center of the Defense

9 Language Institute.

10 ‘‘(3) The George C. Marshall European Center

11 for Security Studies.

12 ‘‘(d) APPLICATION TO FACULTY MEMBERS AT NDU.—

13 In the case of the National Defense University, this section

14 applies with respect to persons selected by the Secretary for

15 employment as professors, instructors, and lecturers at the

16 National Defense University after February 27, 1990.

17 ‘‘(e) COMPOSITION OF NATIONAL DEFENSE UNIVER18 SITY.—For purposes of this section, the National Defense

19 University includes the National War College, the Armed

20 Forces Staff College, the Institute for National Strategic

21 Study, and the Industrial College of the Armed Forces.’’.

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

23 sections at the beginning of chapter 81 of such title is

24 amended to read as follows:

‘‘1595. Civilian faculty members at certain Department of Defense schools: employment and compensation.’’.
311

HR 2401 RH

1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) take effect on October 1, 1993.

3 Subtitle D—Other Matters

4 SEC. 941. ASSIGNMENT OF RESERVE FORCES.

5 (a) UNIFIED COMMANDS.—Section 162(a) of title 10,

6 United States Code, is amended by inserting ‘‘(other than

7 forces of the reserve components)’’ after ‘‘all forces under

8 their jurisdiction’’.

9 (b) SPECIAL OPERATIONS COMMAND.—Section 167(b)

10 of such title is amended by striking out ‘‘and reserve’’.

11 SEC. 942. MORATORIUM ON MERGER OF SPACE COMMAND

12 AND STRATEGIC COMMAND.

13 (a) MORATORIUM.—During the period beginning on

14 the date of the enactment of this Act and ending on Decem15 ber 1, 1994—

16 (1) the United States Space Command may not

17 be merged with the United States Strategic Com18 mand; and

19 (2) no element or component of the United States

20 Space Command (as constituted on the date of the en21 actment of this Act) may be transferred to the United

22 States Strategic Command.

23 (b) GAO REPORT.—Not later than March 1, 1994, the

24 Comptroller General of the United States shall submit to

25 Congress a report on the costs and benefits of merging the
312

HR 2401 RH

1 United States Space Command with the United States

2 Strategic Command. The matters to be addressed by the

3 Comptroller General in the report shall include (1) cost sav4 ings and other efficiencies which could be achieved through

5 such a merger, as well as any disadvantages of such a merg6 er, (2) the record of any problems associated with the per7 formance of the functions of the Space Command and of

8 the Strategic Command when those functions have been

9 vested in the same organization in the past, and (3) the

10 degree to which any such proposed merger decreases the or11 ganizational visibility and priority of space-related issues

12 within the Department of Defense.

13 SEC. 943. SECURITY CLEARANCES FOR CIVILIAN EMPLOY14 EES.

15 (a) IN GENERAL.—(1) Chapter 81 of title 10, United

16 States Code, is amended by inserting after section 1581 the

17 following new section:

18 ‘‘§ 1582. Security clearances: procedural safeguards

19 for denial or revocation

20 ‘‘Under regulations to be prescribed by the Secretary

21 of Defense, civilian employees of the Department of Defense

22 shall be entitled to the same procedural safeguards with re23 spect to the denial or revocation of security clearances as

24 are afforded to employees of defense contractors under Exec25 utive Order 10865 (50 U.S.C. 401 note), entitled ‘Safe-
313

HR 2401 RH

1 guarding Classified Information Within Industry’, as in ef2 fect on July 1, 1993.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by inserting after the item relating to section

5 1581 the following new item:

‘‘1582. Security clearances: procedural safeguards for denial or revocation.’’.

6 (b) EFFECTIVE DATE.—Section 1582 of title 10, Unit7 ed States Code, as added by subsection (a), shall apply with

8 respect to the denial or revocation of a security clearance

9 after the date of the enactment of this Act.

10 (c) DEADLINE.—The regulations required by section

11 1582 of title 10, United States Code, as added by subsection

12 (a), shall be prescribed not later than 180 days after the

13 date of the enactment of this Act.

14 SEC. 944. PROGRAM FOR VIDEOTAPING OF INVESTIGATIVE

15 INTERVIEWS.

16 (a) IN GENERAL.—The Secretary of Defense shall

17 carry out a program for the videotaping of subject and wit18 ness interviews by military criminal investigative organi19 zations, as determined appropriate by the Secretary.

20 (b) STARTUP COSTS.—The Secretary shall direct that,

21 of amounts available to the Department of Defense for fiscal

22 year 1994 for operations and maintenance, $2,500,000 shall

23 be allocated for the purchase of video equipment for use in

24 the program under subsection (a) and for necessary modi-
314

HR 2401 RH

1 fications to interrogation facilities to accommodate that

2 equipment.

3 (b) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA4 TIONS.—For purposes of subsection (a), the military crimi5 nal investigative organizations are the following:

6 (1) The Defense Criminal Investigative Service.

7 (2) The Criminal Investigative Division of the

8 Department of the Army.

9 (3) The Naval Criminal Investigative Service of

10 the Department of the Navy.

11 (4) The Office of Special Investigations of the

12 Department of the Air Force.

13 SEC. 945. FLEXIBILITY IN ADMINISTERING REQUIREMENT

14 FOR ANNUAL FOUR PERCENT REDUCTION IN

15 NUMBER OF PERSONNEL ASSIGNED TO HEAD16 QUARTERS AND HEADQUARTERS SUPPORT

17 ACTIVITIES.

18 Section 906(a) of the National Defense Authorization

19 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

20 1622) is amended by adding at the end the following: ‘‘If

21 the number by which the number of such personnel is re22 duced during any of fiscal years 1991, 1992, 1993, or 1994

23 is greater than the number required under the preceding

24 sentence, the excess number from that fiscal year may be

25 applied by the Secretary toward the required reduction dur-
315

HR 2401 RH

1 ing a subsequent fiscal year (so that the total reduction

2 under this section need not exceed the number equal to five

3 times the required reduction number specified under the

4 preceding sentence).’’.

5 SEC. 946. ENHANCED FLEXIBILITY RELATING TO REQUIRE6 MENTS FOR SERVICE IN A JOINT DUTY AS7 SIGNMENT.

8 (a) EXTENSION OF AUTHORITY FOR JOINT DUTY

9 EQUIVALENCY WAIVER.—Section 619(e)(2) of title 10,

10 United States Code, is amended—

11 (1) by striking out ‘‘paragraph (1)—’’ and in12 serting in lieu thereof ‘‘paragraph (1) in the following

13 circumstances:’’;

14 (2) by capitalizing the first letter of the first

15 word in each of subparagraphs (A) through (D);

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

17 subparagraphs (A), (B), and (C) and inserting in

18 lieu thereof a period;

19 (4) by striking out ‘‘; and’’ at the end of sub20 paragraph (D) and inserting in lieu thereof a period;

21 and

22 (5) by striking out subparagraph (E) and insert23 ing in lieu thereof the following:

24 ‘‘(E) Until January 1, 1998, in the case of an

25 officer who served in an assignment (other than a
316

HR 2401 RH

1 joint duty assignment) that began before October 1,

2 1986, and that involved significant experience in

3 joint matters (as determined by the Secretary) if the

4 officer served in that assignment for a period of suffi5 cient duration (which may not be less than 12

6 months) for the officer’s service to have been consid7 ered a full tour of duty under the policies and regula8 tions in effect on September 30, 1986.’’.

9 (b) REQUIREMENT FOR JOINT DUTY ASSIGNMENT FOR

10 GENERAL AND FLAG OFFICERS RECEIVING JOINT DUTY

11 EQUIVALENCY WAIVER.—Section 619 of such title is further

12 amended by adding at the end the following new subsection:

13 ‘‘(f)(1) An officer who receives a waiver under para14 graph (2)(E) of subsection (e) by reason of service described

15 in that paragraph that began before October 1, 1986, may

16 not (except as provided in paragraph (2)) be appointed to

17 the grade of major general or rear admiral until the officer

18 completes a full tour of duty in a joint duty assignment.

19 ‘‘(2) The Secretary of Defense may on a case-by-case

20 basis delay the requirement under paragraph (1) for com21 pletion of a full tour of duty in a joint duty assignment

22 in the case of an officer selected for promotion to the grade

23 of major general or rear admiral so that such a tour of

24 duty is completed while the officer is serving in that grade.

25 Any such delay may be granted only in a case in which
317

HR 2401 RH

1 the Secretary determines, and certifies to Congress, that it

2 is necessary that the requirement for service by general and

3 flag officers in a joint duty assignment be deferred in the

4 case of that particular officer because of a lack of available

5 billets for officers in the grade of brigadier general or rear

6 admiral (lower half) that are joint duty assignment posi7 tions.

8 ‘‘(3) The delegation limitations in paragraph (3)(C)

9 of subsection (e) shall apply to the authority provided in

10 paragraph (2).’’.

11 (c) REPORT ON PLANS FOR COMPLIANCE WITH SEC12 TION 619(e).—(1) Not later than January 1, 1994, the Sec13 retary of Defense shall certify to Congress that the Army,

14 Navy, Air Force, and Marine Corps have each developed

15 and implemented a plan for their officer personnel assign16 ment and promotion policies so as to ensure compliance

17 with the requirements of section 619(e) of title 10, United

18 States Code, as amended by subsection (a). Each such plan

19 should particularly ensure that by January 1, 1998, the

20 service covered by the plan shall have enough officers who

21 have completed a full tour of duty in a joint duty assign22 ment so as to permit the orderly promotion of officers to

23 brigadier general or, in the case of the Navy, rear admiral

24 (lower half).
318

HR 2401 RH

1 (2) The Secretary of Defense shall include as part of

2 the information submitted to Congress pursuant to section

3 667 of title 10, United States Code, for each of the next

4 five years after the date of the enactment of this Act the

5 following:

6 (A) The degree of progress made toward meeting

7 the requirements of section 619(e) of title 10, United

8 States Code.

9 (B) The compliance achieved with each of the

10 plans developed pursuant to paragraph (1).

11 (d) REVISION OF SERVING-IN WAIVER.—Section

12 619(e)(2) of title 10, United States Code, as amended by

13 subsection (a), is further amended by adding at the end the

14 following:

15 ‘‘(F) In the case of an officer selected by a pro16 motion board for appointment to the grade of briga17 dier general or rear admiral (lower half) while serv18 ing in a joint duty assignment, of which no less than

19 six months have been completed on the date on which

20 the officer is selected by that selection board, and who

21 subsequently completes no less than two years in that

22 joint duty assignment.’’.

23 (e) DESERT STORM JOINT DUTY CREDIT.—(1) Section

24 933(a)(1) of the National Defense Authorization Act for Fis25 cal Year 1993 (Public Law 102–484; 106 Stat. 2476; 10
319

HR 2401 RH

1 U.S.C. 644 note) is amended by striking out ‘‘chapter 38

2 of’’ and inserting in lieu thereof ‘‘any provision of’’.

3 (2) Any joint duty service credit given to an officer

4 under section 933(a)(1) of the National Defense Authoriza5 tion Act for Fiscal Year 1993 before the date of the enact6 ment of this Act may be applied to any provision of title

7 10, United States Code.

8 (f) CORRECTION OF SPELLING MISTAKE.—Section

9 1305(b)(1)(B) of Public Law 100–180 (10 U.S.C. 619 note)

10 is amended by striking out ‘‘nuclear populsion’’ and insert11 ing in lieu thereof ‘‘nuclear propulsion’’.

12 SEC. 947. FLEXIBILITY FOR REQUIRED POST-EDUCATION

13 JOINT DUTY ASSIGNMENT.

14 (a) IN GENERAL.—Subsection (d) of section 663 of title

15 10, United States Code, is amended to read as follows:

16 ‘‘(d) POST-EDUCATION JOINT DUTY ASSIGNMENTS.—

17 (1) The Secretary of Defense shall ensure that each officer

18 with the joint specialty who graduates from a joint profes19 sional military education school shall be assigned to a joint

20 duty assignment for that officer’s next duty assignment

21 after such graduation (unless the officer receives a waiver

22 of that requirement by the Secretary in an individual case).

23 ‘‘(2)(A) The Secretary of Defense shall ensure that a

24 high proportion (which shall be greater than 50 percent)

25 of the officers graduating from a joint professional military
320

HR 2401 RH

1 education school who do not have the joint specialty shall

2 receive assignments to a joint duty assignment as their next

3 duty assignment after such graduation or, to the extent au4 thorized in subparagraph (B), as their second duty assign5 ment after such graduation.

6 ‘‘(B) The Secretary may, if the Secretary determines

7 that it is necessary to do so for the efficient management

8 of officer personnel, establish procedures to allow up to one9 half of the officers subject to the duty assignment require10 ment in subparagraph (A) to be assigned to a joint duty

11 assignment as their second (rather than first) assignment

12 after such graduation from a joint professional military

13 education school.’’.

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (a) shall apply with respect to officers graduating

16 from joint professional military education schools after the

17 date of the enactment of this Act.

18 SEC. 948. REPORT ON OPTIONS FOR ORGANIZATIONAL

19 STRUCTURE FOR IMAGERY COLLECTION

20 FUNCTIONS.

21 (a) REPORT.—Not later than 90 days after the date

22 of the enactment of this Act, the Secretary of Defense shall

23 submit to the committees specified in subsection (e) a report

24 containing an assessment of options for the organization

25 of intelligence elements of the Government for the manage-
321

HR 2401 RH

1 ment of central imagery functions. The report shall be pre2 pared in consultation with the Director of Central Intel3 ligence.

4 (b) OPTIONS TO BE CONSIDERED.—Options consid5 ered for the purposes of the assessment under subsection (a)

6 shall include the following:

7 (1) Carrying out the management of central im8 agery functions through the Central Imagery Office of

9 the Department of Defense as constituted on the date

10 of the enactment of this Act.

11 (2) Consolidation within the Defense Intelligence

12 Agency of the central imagery functions carried out

13 as of the date of the enactment of this Act through the

14 Central Imagery Office of the Department of Defense

15 (as constituted on the date of the enactment of this

16 Act).

17 (3) Any other option identified by the Secretary

18 of Defense and the Director of Central Intelligence.

19 (c) BASIS FOR EVALUATION OF OPTIONS.—Each op20 tion identified under subsection (b) shall be evaluated on

21 the basis of—

22 (1) organizational efficiency;

23 (2) cost savings that could be realized through

24 consolidation and through sharing of overhead re25 sources; and
322

HR 2401 RH

1 (3) any other criteria determined by the Sec2 retary of Defense and the Director of Central Intel3 ligence.

4 (d) RESTRICTION PENDING SUBMISSION OF RE5 PORT.—Unless otherwise directed by law, neither the Sec6 retary of Defense nor the Director of Central Intelligence

7 may take any action to carry out the elimination, consoli8 dation, or restructuring of the Central Imagery Office of

9 the Department of Defense (as constituted on the date of

10 the enactment of this Act) before the report under subsection

11 (a) is submitted.

12 (e) COMMITTEES TO WHICH REPORT IS TO BE SUB13 MITTED.—The report required by subsection (a) shall be

14 submitted to the Committees on Armed Services of the Sen15 ate and House of Representatives and to the Select Commit16 tee on Intelligence of the Senate and the Permanent Select

17 Committee on Intelligence of the House of Representatives.

18 (f) DEFINITION.—For purposes of this section, the term

19 ‘‘imagery collection functions’’ means the intelligence func20 tions of tasking imagery collection, production of imagery

21 analysis, and dissemination of imagery analysis.

22 SEC. 949. REPORT ON DEPARTMENT OF DEFENSE BOTTOM

23 UP REVIEW.

24 (a) REPORT REQUIRED.—The Secretary of Defense

25 shall submit, in classified and unclassified forms, to the
323

HR 2401 RH

1 Committees on Armed Services of the Senate and House of

2 Representatives a report on the comprehensive review of De3 partment of Defense activities ordered by the Secretary of

4 Defense and identified as the ‘‘Bottom Up Review’’ (herein5 after in this section referred to as the ‘‘Review’’). The report

6 shall include the following information:

7 (1) A statement of the goals and objectives of the

8 Review.

9 (2) The principal findings and recommendations

10 of the Review.

11 (3) A presentation of the process, structure, and

12 scope of the Review, including all programs and poli13 cies examined by the Review.

14 (4) The various force structure, strategy, budg15 etary and programmatic options considered as part of

16 the Review.

17 (5) A description of any threat assessment or de18 fense planning scenario used in conducting the Re19 view.

20 (6) The criteria used in the development, review,

21 and selection of the alternative strategy, force struc22 ture, programmatic, budgetary, and other options

23 considered in the Review.

24 (7) Presentation of changes as a result of the Re25 view in each of the following:
324

HR 2401 RH

1 (A) The National Security Strategy of the

2 United States, as described in the January 1993,

3 report entitled ‘‘National Security Strategy of

4 the United States’’, issued by former President

5 Bush.

6 (B) The National Military Strategy of the

7 United States, including changes in the four key

8 elements of the new National Military Strategy

9 announced by former President Bush on August

10 2, 1990, and described in the January 1993 re11 port entitled, ‘‘Annual Report to the President

12 and the Congress’’ from former Secretary of De13 fense Dick Cheney, namely, strategic deterrence

14 and defense, forward presence, crisis response,

15 and reconstitution.

16 (C) Alliance structures or overseas force

17 presence and commitments and any changes in

18 the level of support by the United States Armed

19 Forces for peacekeeping and peacemaking mis20 sions, humanitarian activities, domestic civil

21 functions, drug interdiction, support to inter22 national organizations such as the United Na23 tions, and other areas such as conversion and re24 investment.
325

HR 2401 RH

1 (D) The military force structure, as de2 scribed in the January 1993 report entitled ‘‘An3 nual Report to the President and the Congress’’

4 from former Secretary of Defense Dick Cheney.

5 (E) The roles and functions of the military

6 departments and the roles and functions of the

7 unified commands as set out in the Unified

8 Command Plan.

9 (F) Cost, schedule, and inventory objectives

10 for major defense acquisition programs (as de11 fined in section 2430 of title 10, United States

12 Code) altered as a result of the Review.

13 (G) The defense industrial base of the Unit14 ed States, including the effect on key defense in15 dustrial sectors such as the nuclear propulsion

16 industrial base, the armored vehicle industrial

17 base, tactical aviation, and shipyards for both

18 conventional-powered and nuclear-powered ves19 sels.

20 (b) DEADLINE.—The report required by subsection (a)

21 shall be submitted not later than the earlier of (1) the date

22 on which the President’s budget for fiscal year 1995 budget

23 is submitted to Congress pursuant to section 1105 of title

24 31, United States Code, and (2) the end of the 90-day period

25 beginning on the date of the enactment of this Act.
326

HR 2401 RH

1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

5 Upon determination by the Secretary of Defense that such

6 action is necessary in the national interest, the Secretary

7 may transfer amounts of authorizations made available to

8 the Department of Defense in this division for fiscal year

9 1994 between any such authorizations for that fiscal year

10 (or any subdivisions thereof). Amounts of authorizations so

11 transferred shall be merged with and be available for the

12 same purposes as the authorization to which transferred.

13 (2) The total amount of authorizations that the Sec14 retary of Defense may transfer under the authority of this

15 section may not exceed $2,000,000,000.

16 (b) LIMITATIONS.—The authority provided by this sec17 tion to transfer authorizations—

18 (1) may only be used to provide authority for

19 items that have a higher priority than the items from

20 which authority is transferred; and

21 (2) may not be used to provide authority for an

22 item that has been denied authorization by Congress.

23 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans24 fer made from one account to another under the authority

25 of this section shall be deemed to increase the amount au-
327

HR 2401 RH

1 thorized for the account to which the amount is transferred

2 by an amount equal to the amount transferred.

3 (d) NOTICE TO CONGRESS.—The Secretary of Defense

4 shall promptly notify Congress of transfers made under the

5 authority of this section.

6 SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.

7 No funds are authorized to be appropriated under this

8 Act for the Federal Bureau of Investigation.

9 SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.

10 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

11 Annex prepared by the Committee on Armed Services to

12 accompany the bill H.R. 2401 of the One Hundred Third

13 Congress and transmitted to the President is hereby incor14 porated into this Act.

15 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

16 ACT.—The amounts specified in the Classified Annex are

17 not in addition to amounts authorized to be appropriated

18 by other provisions of this Act.

19 (c) LIMITATION ON USE OF FUNDS.—Funds appro20 priated pursuant to an authorization contained in this Act

21 that are made available for a program, project, or activity

22 referred to in the Classified Annex may only be expended

23 for such program, project, or activity in accordance with

24 such terms, conditions, limitations, restrictions, and re-
328

HR 2401 RH

1 quirements as are set out for that program, project, or activ2 ity in the Classified Annex.

3 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

4 President shall provide for appropriate distribution of the

5 Classified Annex, or of appropriate portions of the annex,

6 within the executive branch of the Government.

7 SEC. 1004. DEFENSE COOPERATION ACCOUNT.

8 (a) REVISION IN AUDIT REQUIREMENT.—Subsection

9 (i) of section 2608 of title 10, United States Code, is amend10 ed to read as follows:

11 ‘‘(i) PERIODIC AUDITS BY GAO.—The Comptroller

12 General of the United States shall make periodic audits of

13 money and property accepted under this section, at such

14 intervals as the Comptroller General determines to be war15 ranted. The Comptroller General shall submit to Congress

16 a report on the results of each such audit.’’.

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

18 section is amended to read as follows:

19 ‘‘§ 2608. Acceptance of contributions for defense pro20 grams, projects, and activities; Defense

21 Cooperation Account

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

23 sections at the beginning of chapter 155 of such title is

24 amended to read as follows:

‘‘2608. Acceptance of contributions for defense programs, projects, and activities;

Defense Cooperation Account.’’.
329

HR 2401 RH

1 SEC. 1005. GLOBAL COOPERATIVES INITIATIVE.

2 There is hereby authorized to be appropriated for Op3 eration and Maintenance for the Secretary of Defense for

4 fiscal year 1994 the sum of $111,000,000 for Global Cooper5 ative Initiatives.

6 SEC. 1006. LIMITATION ON TRANSFERRING DEFENSE

7 FUNDS TO OTHER DEPARTMENTS AND AGEN8 CIES.

9 Section 1604 of Public Law 101–189 (103 Stat. 1598)

10 is amended by striking out ‘‘a report’’ and all that follows

11 and inserting in lieu thereof ‘‘a certification that making

12 those funds available to such other department or agency

13 is in the national security interest of the United States.’’.

14 SEC. 1007. SENSE OF CONGRESS CONCERNING DEFENSE

15 BUDGET PROCESS.

16 It is the sense of Congress that any future five-year

17 defense plan—

18 (1) should be based on an objective assessment of

19 United States national security requirements and be

20 resourced at a level capable of protecting and promot21 ing our Nation’s interests; and

22 (2) should be based on financial integrity and

23 accountability to ensure a fully funded defense pro24 gram necessary to maintain a ready and capable

25 force.
330

HR 2401 RH

1 Subtitle B—Counter-Drug Activities

2 SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT FOR

3 COUNTER-DRUG ACTIVITIES OF OTHER AGEN4 CIES.

5 (a) EXTENSION OF SUPPORT AUTHORIZATION.—Sec6 tion 1004(a) of the National Defense Authorization Act for

7 Fiscal Year 1991 (10 U.S.C. 374 note) is amended by strik8 ing out ‘‘fiscal years 1991, 1992, 1993, and 1994,’’ and in9 serting in lieu thereof ‘‘fiscal years 1991 through 1995,’’.

10 (b) FUNDING OF SUPPORT ACTIVITIES.—Of the

11 amount authorized to be appropriated for fiscal year 1994

12 under section 301(14) for operation and maintenance with

13 respect to drug interdiction and counter-drug activities,

14 $40,000,000 shall be available to the Secretary of Defense

15 for the purposes of carrying out section 1004 of the National

16 Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.

17 374 note).

18 SEC. 1022. REPORT ON DEFENSE COUNTER-DRUG PRO19 GRAM.

20 (a) REPORT REQUIRED.—The Secretary of Defense

21 shall submit to Congress a report evaluating the consistency

22 of—

23 (1) all drug interdiction and counter-drug ac24 tivities undertaken or supported by the Department of
331

HR 2401 RH

1 Defense using funds appropriated pursuant to the au2 thorization of appropriations in section 301(14); with

3 (2) the goals, objectives, and resource balance

4 contained in the National Drug Control Strategy re5 quired to be submitted to Congress in 1994 under sec6 tion 1005 of the Anti-Drug Abuse Act of 1988 (21

7 U.S.C. 1504).

8 (b) RECOMMENDATIONS.—The report required under

9 subsection (a) shall include such recommendations as the

10 Secretary considers to be necessary to more closely conform

11 defense drug interdiction and counter-drug activities to the

12 National Drug Control Strategy. The recommendations

13 may include a request for the reprogramming of funds ap14 propriated or otherwise made available to the Department

15 of Defense for drug interdiction and counter-drug activities

16 if the Secretary determines that such a request is necessary.

17 (c) LIMITATION ON OBLIGATION OF FUNDS PENDING

18 REPORT.—(1) Except as provided in paragraph (2), no

19 more than 75 percent of the funds appropriated for fiscal

20 year 1994 pursuant to the authorization of appropriations

21 in section 301(14) for drug interdiction and counter-drug

22 activities undertaken or supported by the Department of

23 Defense may be obligated or expended before the date on

24 which the Secretary of Defense submits to Congress the re25 port required under subsection (a).
332

HR 2401 RH

1 (2) Paragraph (1) shall not prohibit obligations or ex2 penditures of funds for personnel expenses, including pay

3 and allowances of members of the Armed Forces, incurred

4 in connection with defense drug interdiction and counter5 drug activities.

6 Subtitle C—Other Matters

7 SEC. 1031. PROCEDURES FOR HANDLING WAR BOOTY.

8 (a) IN GENERAL.—(1) Chapter 153 of title 10, United

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

10 new section:

11 ‘‘§ 2579. War booty: procedures for handling and re12 taining battlefield objects

13 ‘‘(a) POLICY.—The United States recognizes that bat14 tlefield souvenirs have traditionally provided military per15 sonnel with a valued memento of service in a national

16 cause. At the same time, it is the policy and tradition of

17 the United States that the desire for souvenirs in a combat

18 theater not blemish the conduct of combat operations or re19 sult in the mistreatment of enemy personnel, the dishonor20 ing of the dead, distraction from the conduct of operations,

21 or other unbecoming activities.

22 ‘‘(b) PURPOSE.—The purpose of this section is to pro23 vide a procedure for the handling of battlefield objects that

24 is consistent with the policies expressed in subsection (a).
333

HR 2401 RH

1 ‘‘(c) GENERAL RULE.—When forces of the United

2 States are operating in a theater of operations, enemy ma3 terial captured or found abandoned shall be turned over to

4 appropriate United States or allied military personnel. A

5 member of the armed forces (or other person under the au6 thority of the armed forces in a theater of operations) may

7 not (except in accordance with this section) take from a

8 theater of operations as a souvenir an object formerly in

9 the possession of the enemy.

10 ‘‘(d) PROCEDURES FOR OBTAINING BATTLEFIELD

11 SOUVENIRS.—(1) A member of the armed forces who wishes

12 to retain as a souvenir an object covered by subsection (c)

13 that was retrieved personally by that member may so re14 quest at the time the object is turned over pursuant to sub15 section (c).

16 ‘‘(2) The Secretary concerned shall designate an officer

17 to review requests under paragraph (1). If the officer deter18 mines that the object may be appropriately retained as a

19 war souvenir, the object shall be turned over to the member

20 who requested the right to retain it.

21 ‘‘(3) The Secretary concerned may charge a processing

22 fee to each member making a request under paragraph (1).

23 The amount of any such fee may not exceed the amount

24 necessary to recoup the costs of handling and reviewing the

25 objects for which requests are made under paragraph (1).
334

HR 2401 RH

1 ‘‘(e) FURNISHING OF CAPTURED ITEMS.—(1) The Sec2 retary concerned shall make available to members of the

3 armed forces who served in a theater of operations items

4 of enemy material other than weapons and explosives that

5 are no longer required for military use, intelligence exploi6 tation, or other purpose determined by the Secretary. A

7 processing fee as described in subsection (d)(3) may be

8 charged.

9 ‘‘(2) The Secretary concerned shall make available for

10 sale to members of the armed forces who served in a theater

11 of operations items of captured weaponry as follows:

12 ‘‘(A) The only weapons that may be sold are

13 those in categories to be agreed upon jointly by the

14 Secretary of Defense and the Secretary of the Treas15 ury.

16 ‘‘(B) Not more than one weapon may be sold to

17 any member.

18 ‘‘(C) Before a weapon is turned over to a mem19 ber following such a sale, the weapon shall be ren20 dered unserviceable.

21 ‘‘(D) The Secretary concerned shall assess a

22 charge in connection with each such sale (in addition

23 to any processing fee) in an amount sufficient to

24 cover the full cost of rendering the weapon unservice25 able.’’.
335

HR 2401 RH

1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following new item:

‘‘2579. War booty: procedures for handling and retaining battlefield objects.’’.

3 (b) EFFECTIVE DATE.—Section 2579 title 10, United

4 States Code, as added by subsection (a), shall apply with

5 respect to objects taken in a theater of operations after the

6 date of the enactment of this Act.

7 SEC. 1032. AWARD OF PURPLE HEART TO MEMBERS KILLED

8 OR WOUNDED IN ACTION BY FRIENDLY FIRE.

9 (a) IN GENERAL.—Chapter 57 of title 10, United

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

11 new section:

12 ‘‘§ 1129. Purple Heart: members killed or wounded in

13 action by friendly fire

14 ‘‘(a) For purposes of the award of the Purple Heart,

15 the Secretary concerned shall treat a member of the armed

16 forces described in subsection (b) in the same manner as

17 a member who is killed or wounded in action as the result

18 of an act of an enemy of the United States.

19 ‘‘(b) A member described in this subsection is a mem20 ber who is killed or wounded in action by weapon fire while

21 directly engaged in armed conflict, other than as the result

22 of an act of an enemy of the United States, unless (in the

23 case of a wound) the wound is the result of willful mis24 conduct of the member.
336

HR 2401 RH

1 ‘‘(c) This section applies to members of the armed

2 forces who are killed or wounded on or after December 7,

3 1941. In the case of a member killed or wounded as de4 scribed in subsection (b) on or after December 7, 1941, and

5 before the date of the enactment of this section, the Secretary

6 concerned shall award the Purple Heart under subsection

7 (a) in each case which is known to the Secretary before the

8 date of the enactment of this section or for which an appli9 cation is made to the Secretary in such manner as the Sec10 retary requires.’’.

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

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

13 end the following new item:

‘‘1129. Purple Heart: members killed or wounded in action by friendly fire.’’.

14 SEC. 1033. AWARD OF GOLD STAR LAPEL BUTTONS TO SUR15 VIVORS OF SERVICE MEMBERS KILLED BY

16 TERRORIST ACTS.

17 (a) ELIGIBILITY.—Subsection (a) of section 1126 of

18 title 10, United States Code, is amended—

19 (1) by striking out ‘‘of the United States’’ in the

20 matter preceding paragraph (1);

21 (2) by striking out ‘‘or’’ at the end of paragraph

22 (1);

23 (3) in paragraph (2)—
337

HR 2401 RH

1 (A) by redesignating clauses (i), (ii), and

2 (iii) as subparagraphs (A), (B), and (C), respec3 tively; and

4 (B) by striking out the period at the end

5 and inserting in lieu thereof ‘‘; or’’; and

6 (4) by adding at the end the following new para7 graph:

8 ‘‘(3) who lost or lose their lives after March 28,

9 1973, as a result of—

10 ‘‘(A) an international terrorist attack

11 against the United States or a foreign nation

12 friendly to the United States, recognized as such

13 an attack by the Secretary of Defense; or

14 ‘‘(B) military operations while serving out15 side the United States (including the common16 wealths, territories, and possessions of the United

17 States) as part of a peacekeeping force.’’.

18 (b) DEFINITIONS.—Subsection (d) of such section is

19 amended by adding at the end the following new para20 graphs:

21 ‘‘(7) The term ‘military operations’ includes

22 those operations involving members of the armed

23 forces assisting in United States Government spon24 sored training of military personnel of a foreign na25 tion.
338

HR 2401 RH

1 ‘‘(8) The term ‘peacekeeping force’ includes those

2 personnel assigned to a force engaged in a peacekeep3 ing operation authorized by the United Nations Secu4 rity Council.’’.

5 SEC. 1034. EXTENSION OF AUTHORITY FOR CERTAIN FOR6 EIGN GOVERNMENTS TO RECEIVE EXCESS DE7 FENSE ARTICLES.

8 Section 516(a)(3) of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2321j(a)(3)) is amended by inserting ‘‘or fiscal

10 year 1992’’ after ‘‘fiscal year 1991’’.

11 SEC. 1035. CODIFICATION OF PROVISION RELATING TO

12 OVERSEAS WORKLOAD PROGRAM.

13 (a) CODIFICATION.—(1) Chapter 138 of title 10,

14 United States Code, is amended by inserting after section

15 2348 the following new section:

16 ‘‘§ 2349. Overseas Workload Program

17 ‘‘(a) IN GENERAL.—A firm of any member nation of

18 the North Atlantic Treaty Organization or of any major

19 non-Nato ally shall be eligible to bid on any contract for

20 the maintenance, repair, or overhaul of equipment of the

21 Department of Defense located outside the United States to

22 be awarded under competitive procedures as part of the pro23 gram of the Department of Defense known as the Overseas

24 Workload Program.
339

HR 2401 RH

1 ‘‘(b) SITE OF PERFORMANCE.—A contract awarded to

2 a firm described in subsection (a) may be performed in the

3 theater in which the equipment is normally located or in

4 the country in which the firm is located.

5 ‘‘(c) EXCEPTIONS.—The Secretary of a military de6 partment may restrict the geographic region in which a

7 contract referred to in subsection (a) may be performed if

8 the Secretary determines that performance of the contract

9 outside that specific region—

10 ‘‘(1) could adversely affect the military prepared11 ness of the armed forces; or

12 ‘‘(2) would violate the terms of an international

13 agreement to which the United States is a party.

14 ‘‘(d) DEFINITION.—For purposes of this section, the

15 term ‘major non-NATO ally’ has the meaning given such

16 term in section 2350a(i)(3) of this title.’’.

17 (2) The table of sections at the beginning of subchapter

18 I of such chapter is amended by inserting after the item

19 relating to section 2348 the following new item:

‘‘2349. Overseas Workload Program.’’.

20 (b) CONFORMING AMENDMENTS.—(1) Section 1465 of

21 the National Defense Authorization Act for Fiscal Year

22 1991 (Public Law 101–510; 104 Stat. 1700) is repealed.

23 (2) Section 9130 of the Department of Defense Appro24 priations Act, 1993 (Public Law 102–396; 102 Stat. 1935),

25 is amended—
340

HR 2401 RH

1 (A) in subsection (b), by striking out ‘‘, or there2 after,’’; and

3 (B) in subsection (d), by striking out ‘‘or there4 after’’ each place it appears.

5 (c) EFFECTIVE DATE.—The amendments made by this

6 section shall take effect on October 1, 1993.

7 SEC. 1036. MODIFICATION OF AUTHORITY TO CONDUCT NA8 TIONAL GUARD CIVILIAN YOUTH OPPORTUNI9 TIES PROGRAM.

10 (a) LOCATION OF PROGRAM.—Subsection (c) of section

11 1091 of the National Defense Authorization Act for Fiscal

12 Year 1993 (Public Law 102–484; 32 U.S.C. 501 note) is

13 amended to read as follows:

14 ‘‘(c) CONDUCT OF THE PROGRAM.—The Secretary of

15 Defense may provide for the conduct of the pilot program

16 in such States as the Secretary considers to be appropriate,

17 except that the Secretary may not enter into agreements

18 under subsection (d) with more than 10 States to provide

19 for a program curriculum in excess of 6 weeks for any par20 ticipant.’’.

21 (b) DEFINITION OF STATE.—Subsection (l) of such sec22 tion is amended by striking out paragraph (2) and insert23 ing in lieu thereof the following new paragraph:

24 ‘‘(2) The term ‘State’ includes the Common25 wealth of Puerto Rico, the territories (as defined in
341

HR 2401 RH

1 section 101(1) of title 32, United States Code), and

2 the District of Columbia.’’.

3 (c) PROGRAM AGREEMENTS.—Subsection (d)(3) of

4 such section is amended by striking out ‘‘reimburse’’ and

5 inserting in lieu thereof ‘‘provide funds to’’.

6 SEC. 1037. SENSE OF CONGRESS CONCERNING MEETING OF

7 INTERALLIED CONFEDERATION OF RESERVE

8 OFFICERS.

9 (a) FINDINGS.—The Congress finds that—

10 (1) the Interallied Confederation of Reserve Offi11 cers (CIOR), an association of reserve officers from

12 thirteen of the nations comprising the North Atlantic

13 Treaty Organization, will hold its XLIV Congress at

14 Washington, District of Columbia, during the period

15 August 1 through 6, 1993; and

16 (2) the United States, through the Department of

17 Defense, will conduct military competitions in con18 junction with and as a constituent part of that Con19 gress of that organization.

20 (b) EXTENSION OF WELCOME.—The Congress—

21 (1) extends to the Interallied Confederation of

22 Reserve Officers (CIOR) a cordial welcome to the

23 United States on the occasion of the XLVI Congress

24 of that organization to be held in Washington, Dis-
342

HR 2401 RH

1 trict of Columbia, during the period August 1 through

2 6, 1993;

3 (2) commends the joint effort of the Department

4 of Defense and the Reserve Officers Association of the

5 United States in hosting the XLVI Congress of that

6 organization; and

7 (3) urges all departments and agencies of the

8 Federal Government to cooperate with and assist the

9 XLVI Congress of that organization in carrying out

10 its activities and programs during that period.

11 SEC. 1038. SEMIANNUAL REPORT ON EFFORTS TO SEEK

12 COMPENSATION FROM GOVERNMENT OF

13 PERU FOR DEATH AND WOUNDING OF CER14 TAIN UNITED STATES SERVICEMEN.

15 (a) FINDINGS.—The Congress finds that—

16 (1) the United States Government has not made

17 adequate efforts to seek the payment of compensation

18 by the Government of Peru for the death and injuries

19 to United States military personnel resulting from the

20 attack by aircraft of the military forces of Peru on

21 April 24, 1992, against a United States Air Force C–

22 130 aircraft operating off the coast of Peru; and

23 (2) in failing to make such efforts adequately, the

24 United States Government has failed in its obligation

25 to support the servicemen and their families involved
343

HR 2401 RH

1 in the incident and generally to support members of

2 the Armed Forces carrying out missions on behalf of

3 the United States.

4 (b) SEMIANNUAL REPORT.—Not later than December

5 1 and June 1 of each year, the Secretary of Defense shall

6 submit to the Committees on Armed Services and Foreign

7 Affairs of the House of Representatives and the Committees

8 on Armed Services and Foreign Relations of the Senate a

9 report on the efforts made by the Government of the United

10 States during the preceding six-month period to seek the

11 payment of fair and equitable compensation by the Govern12 ment of Peru (1) to the survivors of Master Sergeant Joseph

13 Beard, Jr., United States Air Force, who was killed in the

14 attack described in subsection (a), and (2) to the other crew

15 members who were wounded in the attack and survived.

16 (c) TERMINATION OF REPORT REQUIREMENT.—The

17 requirement in subsection (b) shall terminate upon certifi18 cation by the Secretary of Defense to Congress that the Gov19 ernment of Peru has paid fair and equitable compensation

20 as described in subsection (b).

21 SEC. 1039. BASING FOR C–130 AIRCRAFT.

22 The Secretary of the Air Force shall determine the unit

23 assignment and basing location for any C–130 aircraft pro24 cured for the Air Force Reserve from funds appropriated

25 for National Guard and Reserve Equipment procurement
344

HR 2401 RH

1 for fiscal year 1992 or 1993 in such manner as the Sec2 retary determines to be in the best interest of the Air Force.

3 SEC. 1040. MEMORIAL TO U.S.S. INDIANAPOLIS.

4 The memorial to the U.S.S. Indianapolis (CA–35) to

5 be located on the east bank of the Indianapolis water canal

6 in downtown Indianapolis, Indiana, is hereby designated

7 as the national memorial to the U.S.S. Indianapolis and

8 her final crew.

9 SEC. 1041. CONGRESSIONAL NOTIFICATION WHEN UNITED

10 STATES FORCES ARE PLACED UNDER OPER11 ATIONAL CONTROL OF A FOREIGN NATION.

12 (a) NOTICE REQUIREMENT.—(1) Whenever the Presi13 dent places elements of the Armed Forces under the oper14 ational control of a foreign national acting on behalf of the

15 United Nations, the Secretary of Defense shall submit to

16 Congress a report described in subsection (b).

17 (2) Except as provided in paragraph (3), a report

18 under paragraph (1) shall be submitted not less than 30

19 days before the date on which such operational control be20 comes effective.

21 (3) A report under paragraph (1) may be submitted

22 less that 30 days before the date on which such operational

23 control becomes effective (or after such date) if the President

24 certifies to Congress that the requirement for the commit25 ment of forces for such purpose is of such an emergency
345

HR 2401 RH

1 nature that delaying such commitment in order to provide

2 such 30 days prior notice is not possible. Any such certifi3 cation shall be submitted promptly upon the commitment

4 of such forces.

5 (b) CONTENTS OF REPORT.—A report under subsection

6 (a) shall set forth the following:

7 (1) The mission of the United States forces in8 volved.

9 (2) The expected size and composition of the

10 United States forces involved.

11 (3) The incremental cost to the United States as12 sociated with the proposed operation.

13 (4) The precise command and control relation14 ship between the United States forces involved and the

15 international organization.

16 (5) The precise command and control relation17 ship between the United States forces involved and the

18 commander of the United States unified command for

19 the region in which the operation is proposed.

20 (6) The extent to which the United States forces

21 involved will rely on non-United States forces for se22 curity and self-defense and an assessment on the abil23 ity of those non-United States forces to provide ade24 quate security to the United States forces involved.
346

HR 2401 RH

1 (7) The conditions under which the United

2 States forces involved can and would be withdrawn.

3 (8) The timetable for complete withdrawal of the

4 United States forces involved.

5 (c) CLASSIFICATION OF REPORT.—A report required

6 by this section shall be submitted in both classified and un7 classified form, if necessary.

8 (d) EXCEPTION FOR SMALL FORCES.—This section

9 does not apply in the case of elements of the Armed Forces

10 involving fewer than 100 members of the Armed Forces.

11 (e) INTERPRETATION.—Nothing in this section may be

12 construed as authority for the President to use United

13 States Armed Forces in any operation.

14 SEC. 1042. IDENTIFICATION OF SERVICE IN VIETNAM IN

15 THE COMPUTERIZED INDEX OF THE NA16 TIONAL PERSONNEL RECORDS CENTER.

17 The Secretary of Defense shall include in the computer18 ized index of the National Personnel Records Center in St.

19 Louis, Missouri, an indicator to allow for searches or selec20 tion of military records of military personnel based upon

21 service in the Southeast Asia theater of operations during

22 the Vietnam conflict (as defined in section 1035(g)(2) of

23 title 10, United States Code).
347

HR 2401 RH

1 TITLE XI—CHEMICAL AND

2 BIOLOGICAL WEAPONS DEFENSE

3 SEC. 1101. DESIGNATION OF ARMY AS EXECUTIVE AGENT

4 FOR CHEMICAL AND BIOLOGICAL WARFARE

5 DEFENSE PROGRAMS.

6 (a) DESIGNATION.—The Secretary of Defense shall des7 ignate the Army as executive agent for the Department of

8 Defense for the chemical and biological warfare defense pro9 grams of the Department of Defense, including (1) research,

10 development, test, and evaluation, and (2) procurement.

11 (b) OVERSIGHT.—It is the sense of Congress that the

12 Defense Acquisition Board should exercise oversight over the

13 chemical and biological warfare defense program.

14 SEC. 1102. REQUIREMENT FOR SINGLE OVERSIGHT OFFICE

15 FOR CHEMICAL-BIOLOGICAL DEFENSE PRO16 GRAMS WITHIN THE OFFICE OF THE SEC17 RETARY OF DEFENSE.

18 The Secretary of Defense shall assign responsibility for

19 overall defense policy coordination and integration of the

20 chemical and biological defense program and the chemical

21 and biological medical defense program to a single office

22 within the Office of the Secretary of Defense.
348

HR 2401 RH

1 SEC. 1103. CONSOLIDATION OF CHEMICAL AND BIOLOGICAL

2 DEFENSE TRAINING ACTIVITIES.

3 The Secretary of Defense shall consolidate all chemical

4 and biological warfare defense training activities of the De5 partment of Defense at the United States Army Chemical

6 School.

7 SEC. 1104. ANNUAL REPORT ON CHEMICAL AND BIOLOGI8 CAL WARFARE DEFENSE.

9 (a) REPORT REQUIRED.—The Secretary of Defense

10 shall include in the annual report of the Secretary under

11 section 113 of title 10, United States Code, a report on

12 chemical and biological warfare defense. The report shall

13 assess (1) the overall readiness of the Armed Forces to fight

14 in a chemical-biological warfare environment and shall de15 scribe steps taken and planned to be taken to improve such

16 readiness, and (2) requirements for the chemical and bio17 logical warfare defense program, including requirements for

18 training, detection, and protective equipment, for medical

19 prophylaxis, and for treatment of casualties resulting from

20 use of chemical or biological weapons.

21 (b) MATTERS TO BE INCLUDED.—The report shall in22 clude information on the following:

23 (1) The quantities, characteristics, and capabili24 ties of fielded chemical and biological defense equip25 ment to meet wartime and peacetime requirements for
349

HR 2401 RH

1 support of the Armed Forces, including individual

2 protective items.

3 (2) The status of research and development pro4 grams, and acquisition programs, for required im5 provements in chemical and biological defense equip6 ment and medical treatment, including an assessment

7 of the ability of the Department of Defense and the

8 industrial base to meet those requirements.

9 (3) Measures taken to ensure the integration of

10 requirements for chemical and biological defense

11 equipment and material among the Armed Forces.

12 (4) The status of nuclear, biological, and chemi13 cal (NBC) warfare defense training and readiness

14 among the Armed Forces and measures being taken to

15 include realistic nuclear, biological, and chemical

16 warfare simulations in war games, battle simulations,

17 and training exercises.

18 (5) Measures taken to improve overall manage19 ment and coordination of the chemical and biological

20 defense program.

21 (6) Problems encountered in the chemical and bi22 ological warfare defense program during the past year

23 and recommended solutions to those problems for

24 which additional resources or actions by the Congress

25 are required.
350

HR 2401 RH

1 SEC. 1105. PREPARATIONS FOR IMPLEMENTATION OF THE

2 CHEMICAL WEAPONS CONVENTION.

3 (a) SENSE OF CONGRESS.—It is the sense of Congress

4 that the President should—

5 (1) seek early ratification of the 1993 Chemical

6 Weapons Convention and establish a coordinated and

7 authoritative interagency program to develop meas8 ures for implementation of the convention, including

9 improvements in appropriate export controls, the

10 training of international inspectors and other mem11 bers of Chemical Weapons Convention inspection and

12 verification teams, and plans for assistance to states

13 requesting assistance under article X of the conven14 tion; and

15 (2) develop a policy that addresses the manner

16 in which the United States provides support under

17 the 1993 Chemical Weapons Convention to protect

18 signatories of that convention against chemical war19 fare.

20 (b) SUPPORT FOR PREPARATORY COMMISSION.—It is

21 the sense of Congress that the United States should provide

22 full funding and support for the United States portion of

23 the expenses of the Chemical Weapons Convention Pre24 paratory Commission created under the 1993 Chemical

25 Weapons Convention.
351

HR 2401 RH

1 (c) REPORT.—Not later than February 1, 1994, the

2 Secretary of Defense shall submit to Congress a report on

3 preparations for implementation of the 1993 Chemical

4 Weapons Convention. The report shall include (1) a descrip5 tion of the chemical warfare defense preparations that have

6 been and are being undertaken by the Department of De7 fense to address needs which may arise under article X of

8 the Chemical Weapons Convention, and (2) a summary of

9 other preparations undertaken by the Department of De10 fense to prepare for and to assist in the implementation

11 of the convention, including activities such as training for

12 inspectors, preparation of defense installations for inspec13 tions under the convention, provision of chemical weapons

14 detection equipment, and assistance in the safe transpor15 tation, storage, and destruction of chemical weapons in

16 other signatory nations to the convention.

17 SEC. 1106. SENSE OF CONGRESS CONCERNING RESPONSE

18 TO TERRORIST THREATS.

19 It is the sense of Congress that the President should

20 strengthen emergency planning by the Federal Emergency

21 Management Agency, in coordination with other appro22 priate Federal and State agencies, for development of early

23 detection and warning capability of and response to (1) po24 tential terrorist use of chemical or biological agents or

25 weapons, and (2) natural disasters involving industrial
352

HR 2401 RH

1 chemicals or the widespread outbreak of naturally occurring

2 disease.

3 SEC. 1107. SENSE OF CONGRESS CONCERNING OTHER

4 CHEMICAL AND BIOLOGICAL DEFENSE MAT5 TERS.

6 It is the sense of Congress that—

7 (1) the President should establish appropriate

8 strategies (A) to integrate chemical-related intel9 ligence and biological-related intelligence, (B) to inte10 grate chemical-related arms control agreements and

11 biological-related arms control agreements, and (C) to

12 integrate chemical-related research and development

13 and biological-related research and development pro14 grams;

15 (2) the President should strengthen United States

16 capabilities for intelligence collection and analysis

17 concerning the chemical warfare threat, the biological

18 warfare threat, and the biological terrorist threat; and

19 (3) the President should seek to strengthen the

20 1972 Biological Weapons Convention by seeking inter21 national adoption of a regime designed to raise the

22 economic and political costs to any nation that pur23 sues a biological warfare program.
353

HR 2401 RH

1 SEC. 1108. INTERNATIONAL COOPERATION PROGRAM.

2 (a) PROGRAM.—The Secretary of Defense shall estab3 lish a program to promote greater international coopera4 tion for research and development and training for chemi5 cal and biological weapons defense.

6 (b) FUNDING.—Of the amounts authorized to be appro7 priated by section 201, $10,000,000 shall be available for

8 the establishment of the program under subsection (a).

9 SEC. 1109. AGREEMENTS TO PROVIDE SUPPORT TO VAC10 CINATION PROGRAMS OF DEPARTMENT OF

11 HEALTH AND HUMAN SERVICES.

12 The Secretary of the Army may enter into agreements

13 with the Secretary of Health and Human Services to pro14 vide support for vaccination programs of the Secretary of

15 Health and Human Services in the United States through

16 use of the excess peacetime biological weapons defense capa17 bility of the Department of Defense.

18 TITLE XII—COOPERATIVE

19 THREAT REDUCTION WITH

20 STATES OF FORMER SOVIET

21 UNION

22 SEC. 1201. SHORT TITLE.

23 This title may be cited as the ‘‘Cooperative Threat Re24 duction Act of 1993’’.
354

HR 2401 RH

1 SEC. 1202. FINDINGS ON COOPERATIVE THREAT REDUC2 TION.

3 The Congress finds that it is in the national security

4 interest of the United States for the United States to do

5 the following:

6 (1) Facilitate, on a priority basis, the transpor7 tation, storage, safeguarding, and elimination of nu8 clear and other weapons of the independent states of

9 the former Soviet Union, including (A) the safe and

10 secure storage of fissile materials derived from the

11 elimination of nuclear weapons, (B) the dismantle12 ment of (i) intercontinental ballistic missiles and

13 launchers for such missiles, (ii) submarine-launched

14 ballistic missiles and launchers for such missiles, and

15 (iii) heavy bombers, and (C) the elimination of chem16 ical, biological and other weapons capabilities.

17 (2) Facilitate, on a priority basis, the prevention

18 of proliferation of weapons of mass destruction and

19 their components and destabilizing conventional

20 weapons of the independent states of the former Soviet

21 Union, and the establishment of verifiable safeguards

22 against the proliferation of such weapons.

23 (3) Facilitate, on a priority basis, the prevention

24 of diversion of weapons-related scientific expertise of

25 the independent states of the former Soviet Union to

26 terrorist groups or third countries.
355

HR 2401 RH

1 (4) Support (A) the demilitarization of the de2 fense-related industry and equipment of the independ3 ent states of the former Soviet Union, and (B) the

4 conversion of such industry and equipment to civilian

5 purposes and uses.

6 (5) Expand military-to-military and defense

7 contacts between the United States and the independ8 ent states of the former Soviet Union.

9 SEC. 1203. AUTHORITY FOR PROGRAMS TO FACILITATE CO10 OPERATIVE THREAT REDUCTION.

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the President may conduct programs described

13 in subsection (b) to assist the independent states of the

14 former Soviet Union in the demilitarization of the former

15 Soviet Union. Any such program may be carried out only

16 to the extent that the President determines that the program

17 will directly contribute to the national security interests of

18 the United States.

19 (b) AUTHORIZED PROGRAMS.—The programs referred

20 to in subsection (a) are the following:

21 (1) Programs to facilitate the elimination, and

22 the safe and secure transportation and storage, of nu23 clear, chemical, and other weapons and their delivery

24 vehicles.
356

HR 2401 RH

1 (2) Programs to facilitate the safe and secure

2 storage of fissile materials derived from the elimi3 nation of nuclear weapons.

4 (3) Programs to prevent the proliferation of

5 weapons, weapons components, and weapons-related

6 technology and expertise.

7 (4) Programs to expand military-to-military

8 and defense contacts.

9 (5) Programs to facilitate the demilitarization of

10 defense industries and the conversion of military tech11 nologies and capabilities into civilian activities.

12 (6) Other programs as described in section

13 212(b) of the Soviet Nuclear Threat Reduction Act of

14 1991 (title II of Public Law 102–228) and section

15 1412(b) of the Former Soviet Union Demilitarization

16 Act of 1992 (title XIV of Public Law 102–484).

17 (c) UNITED STATES PARTICIPATION.—The programs

18 described in subsection (b) should, to the extent feasible,

19 draw upon United States technology and expertise, espe20 cially from the United States private sector.

21 (d) RESTRICTIONS.—Assistance authorized by sub22 section (a) may not be provided for any year to any country

23 which is an independent state of the former Soviet Union

24 unless the President certifies to Congress for that year that
357

HR 2401 RH

1 the proposed recipient country is committed to each of the

2 following:

3 (1) Making substantial investment of its re4 sources for dismantling or destroying such weapons of

5 mass destruction, if such country has an obligation

6 under a treaty or other agreement to destroy or dis7 mantle any such weapons.

8 (2) Foregoing any military modernization pro9 gram that exceeds legitimate defense requirements and

10 foregoing the replacement of destroyed weapons of

11 mass destruction.

12 (3) Foregoing any use in new nuclear weapons

13 of fissionable or other components of destroyed nuclear

14 weapons.

15 (4) Facilitating United States verification of

16 any weapons destruction carried out under this sec17 tion, section 1412(b) of the Former Soviet Union De18 militarization Act of 1992 (title XIV of Public Law

19 102–484), or section 212(b) of the Soviet Nuclear

20 Threat Reduction Act of 1991 (title II of Public Law

21 102–228).

22 (5) Complying with all relevant arms control

23 agreements.

24 (6) Observing internationally recognized human

25 rights, including the protection of minorities.
358

HR 2401 RH

1 SEC. 1204. FUNDING FOR FISCAL YEAR 1994.

2 (a) AUTHORIZATION OF NEW APPROPRIATIONS.—

3 There is hereby authorized to be appropriated for fiscal year

4 1994 for the purposes authorized in section 1203 the sum

5 of $400,000,000.

6 (b) AUTHORIZATION OF EXTENSION OF AVAILABILITY

7 OF PRIOR YEAR FUNDS.—To the extent provided in appro8 priations Acts, the authority to transfer funds of the De9 partment of Defense provided in section 9110(a) of the De10 partment of Defense Appropriations Act, 1993 (Public Law

11 102–396; 106 Stat. 1928), and in section 108 of Public Law

12 102–229; 105 Stat. 1708) shall continue to be in effect dur13 ing fiscal year 1994.

14 SEC. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF

15 FUNDS.

16 (a) NOTICE OF PROPOSED OBLIGATION.—Not less than

17 15 days before obligation of any funds under section 1203,

18 the President shall transmit to the appropriate congres19 sional committees (as defined in section 1208) a report on

20 the proposed obligation. Each such report shall specify—

21 (1) the activities and forms of assistance for

22 which the President plans to obligate such funds,

23 (2) the amount of the proposed obligation, and

24 (3) the projected involvement of the United

25 States Government departments and agencies and the

26 United States private sector.
359

HR 2401 RH

1 (b) INDUSTRIAL DEMILITARIZATION.—Any report

2 under subsection (a) that covers proposed industrial demili3 tarization projects shall contain additional information to

4 assist the Congress in determining the merits of the pro5 posed projects. Such information shall include descriptions

6 of—

7 (1) the facilities to be demilitarized;

8 (2) the types of activities conducted at those fa9 cilities and of the types of nonmilitary activities

10 planned for those facilities;

11 (3) the forms of assistance to be provided by the

12 United States Government and by the United States

13 private sector;

14 (4) the extent to which military production ca15 pability will consequently be eliminated at those fa16 cilities; and

17 (5) the mechanisms to be established for monitor18 ing progress on those projects.

19 SEC. 1206. AUTHORIZATION FOR ADDITIONAL FISCAL YEAR

20 1993 ASSISTANCE TO THE INDEPENDENT

21 STATES OF THE FORMER SOVIET UNION.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

23 hereby authorized to be appropriated for fiscal year 1993

24 for the account ‘‘Operation and Maintenance, Defense Agen25 cies’’, the additional sum of $979,000,000, to be available
360

HR 2401 RH

1 for the purposes of providing assistance to the independent

2 states of the former Soviet Union.

3 (b) AUTHORIZATION OF TRANSFER OF FUNDS.—The

4 Secretary of Defense may, to the extent provided in appro5 priations Acts, transfer from the account ‘‘Operation and

6 Maintenance, Defense Agencies’’ for fiscal year 1993 a sum

7 not to exceed the amount appropriated pursuant to the au8 thorization in subsection (a) to—

9 (1) other accounts of the Department of Defense

10 for the purpose of providing assistance to the inde11 pendent states of the former Soviet Union; or

12 (2) appropriations available to the Department

13 of State and other agencies of the United States Gov14 ernment for the purpose of providing assistance to the

15 independent states of the former Soviet Union for pro16 grams that the President determines will increase the

17 national security of the United States.

18 (c) ADMINISTRATIVE PROVISIONS.—(1) Amounts

19 transferred under subsection (b) shall be available subject

20 to the same terms and conditions as the appropriations to

21 which transferred.

22 (2) The authority to make transfers pursuant to this

23 section is in addition to any other transfer authority of the

24 Department of Defense.
361

HR 2401 RH

1 (d) COORDINATION OF PROGRAMS.—The President

2 shall coordinate the programs described in subsection (b)

3 with those authorized in the other provisions of this title

4 and in the provisions of the Freedom for Russia and

5 Emerging Eurasian Democracies and Open Markets Sup6 port Act of 1992 (Public Law 102–511) so as to optimize

7 the contribution such programs make to the national inter8 ests of the United States.

9 SEC. 1207. SEMIANNUAL REPORT.

10 Not later than April 30, 1994, and not later than Octo11 ber 30, 1994, the President shall transmit to the appro12 priate congressional committees a report on the activities

13 carried out under section 1203. Each such report shall set

14 forth, for the preceding six-month period and cumulatively,

15 the following:

16 (1) The amounts obligated and expended for such

17 activities and the purposes for which they were obli18 gated and expended.

19 (2) A description of the participation of all

20 United States Government departments and agencies

21 in such activities.

22 (3) A description of the activities carried out

23 and the forms of assistance provided, and a descrip24 tion of the extent to which the United States private

25 sector has participated in the activities for which
362

HR 2401 RH

1 amounts were obligated and expended under section

2 1203.

3 (4) Such other information as the President con4 siders appropriate to fully inform the Congress con5 cerning the operation of the programs and activities

6 carried out under section 1203, including, with re7 spect to proposed industrial demilitarization projects,

8 additional information on the progress toward de9 militarization of facilities and the conversion of the

10 demilitarized facilities to civilian activities.

11 SEC. 1208. DEFINITION.

12 As used in this title, the term ‘‘appropriate congres13 sional committees’’ means—

14 (1) the Committee on Armed Services, the Com15 mittee on Appropriations, and the Committee on For16 eign Affairs of the House of Representatives; and

17 (2) the Committee on Armed Services, the Com18 mittee on Appropriations, and the Committee on For19 eign Relations of the Senate.
363

HR 2401 RH

1 TITLE XIII—DEFENSE CONVER2 SION, REINVESTMENT, AND

3 TRANSITION ASSISTANCE

4 SEC. 1301. SHORT TITLE.

5 This title may be cited as the ‘‘Defense Conversion, Re6 investment, and Transition Assistance Amendments of

7 1993’’.

8 SEC. 1302. FUNDING OF DEFENSE CONVERSION, REINVEST9 MENT, AND TRANSITION ASSISTANCE PRO10 GRAMS FOR FISCAL YEAR 1994.

11 (a) FUNDING.—Of the amounts authorized to be ap12 propriated pursuant to this Act for the Department of De13 fense for fiscal year 1994, the sum of $2,735,000,000 shall

14 be available from the sources and in the amounts specified

15 in subsection (b) for defense conversion, reinvestment, and

16 transition assistance programs. Amounts made available

17 pursuant to this subsection shall remain available until ex18 pended.

19 (b) SOURCES OF FUNDS.—The amounts and sources

20 referred to in subsection (a) are as follows:

21 (1) $200,000,000 of the amounts authorized to be

22 appropriated pursuant to section 109 to carry out

23 subtitle E.

24 (2) $2,200,000,000 of the amounts authorized to

25 be appropriated pursuant to title II.
364

HR 2401 RH

1 (3) $335,000,000 of the amounts authorized to be

2 appropriated pursuant to title III.

3 (c) DEFINITION.—For purposes of this section, the

4 term ‘‘defense conversion, reinvestment, and transition as5 sistance programs’’ includes the following activities of the

6 Department of Defense:

7 (1) The activities authorized by the Defense Con8 version, Reinvestment, and Transition Assistance Act

9 of 1992 (division D of Public Law 102–484; 106 Stat.

10 2658) and the amendments made by that Act.

11 (2) The activities authorized by this title and the

12 amendments made by this title.

13 SEC. 1303. ANNUAL REPORT ON DEFENSE CONVERSION, RE14 INVESTMENT, AND TRANSITION ASSISTANCE

15 PROGRAMS.

16 (a) REPORT REQUIRED.—The Secretary of Defense

17 shall prepare an annual report that assesses the effectiveness

18 of all defense conversion, reinvestment, and transition as19 sistance programs (as defined in section 1302) during the

20 preceding fiscal year.

21 (b) CONTENTS OF REPORT.—Each report required

22 under subsection (a) shall include a consideration of the fol23 lowing:

24 (1) For each of the conversion programs, the sta25 tus of obligation of appropriated funds.
365

HR 2401 RH

1 (2) For each defense technology reinvestment

2 project (or other technology project conducted as part

3 of a defense conversion, reinvestment, and transition

4 assistance program)—

5 (A) the extent to which the project meets the

6 objectives set forth in subsections (a) and (b) of

7 section 2501 of title 10, United States Code;

8 (B) the technology benefits of the project to

9 the defense technology and industrial base;

10 (C) any increased affordability of defense

11 programs linked to the project;

12 (D) any evidence of commercialization of

13 technology due to the project;

14 (E) any employment created as a result of

15 the project;

16 (F) the number and name of defense firms

17 participating in the project;

18 (G) the number of defense firms that have

19 been able to expand or retain their business base

20 as a result of the project;

21 (H) in the case of a project requiring

22 matching funds, whether or not the matching re23 quirements were met in cash;
366

HR 2401 RH

1 (I) the extent to which the project has met

2 agreed-upon milestones, and financial and tech3 nical requirements; and

4 (J) the extent to which it was determined

5 whether or not the project duplicates or parallels

6 technology programs in other agencies;

7 (3) For each personnel assistance program—

8 (A) the extent to which the program meets

9 objectives set forth in section 2501(b) of title 10,

10 United States Code;

11 (B) the number of individuals eligible for

12 program participation;

13 (C) the number of individuals directly par14 ticipating in the program (actual and projected);

15 (D) in the case of a training and jobs pro16 gram, the number of individuals who have se17 cured permanent employment as a result of pro18 gram participation, and

19 (E) the extent to which it was determined

20 whether or not the program duplicates programs

21 conducted by other agencies.

22 (4) For each community assistance program—

23 (A) the extent to which the program meets

24 objectives laid out in section 2501(b) of title 10,

25 United States Code; and
367

HR 2401 RH

1 (B) the number of short- and long-term jobs

2 created in a community receiving adjustment

3 and diversification assistance under section

4 2391(b) of title 10, United States Code.

5 (c) SUBMISSION OF REPORT.—The report required by

6 this section for a particular year shall be submitted to Con7 gress at the same time that the Secretary of Defense submits

8 the report required under section 113(c) of title 10, United

9 States Code, for that year.

10 Subtitle A—Defense Technology

11 Reinvestment Projects

12 SEC. 1311. FUNDING OF DEFENSE TECHNOLOGY REINVEST13 MENT PROJECTS FOR FISCAL YEAR 1994.

14 Of the amount made available pursuant to section

15 1302(a), $575,000,000 shall be available for activities of the

16 Department of Defense under chapter 148 of title 10, United

17 States Code, and section 2197 of such title, of which—

18 (1) $105,000,000 shall be available for defense

19 dual-use critical technology partnerships under sec20 tion 2511 of such title;

21 (2) $35,000,000 shall be available for commer22 cial-military integration partnerships under section

23 2512 of such title;
368

HR 2401 RH

1 (3) $85,000,000 shall be available for defense re2 gional technology alliances under section 2513 of such

3 title;

4 (4) $30,000,000 shall be available for defense ad5 vanced manufacturing technology partnerships under

6 section 2522 of such title;

7 (5) $50,000,000 shall be available for support of

8 manufacturing extension programs under section

9 2523 of such title;

10 (6) $50,000,000 shall be available for the defense

11 dual-use extension program under section 2524 of

12 such title, of which—

13 (A) not less than 30 percent of such amount

14 shall be available for assistance pursuant to sub15 section (c)(3) of such section; and

16 (B) not less than 30 percent of such amount

17 shall be available for loan guarantees pursuant

18 to subsection (b)(3) of such section; and

19 (7) $20,000,000 shall be available to conduct the

20 program established pursuant to section 2197 of such

21 title to support the activities of manufacturing ex22 perts at institutions of higher education.
369

HR 2401 RH

1 SEC. 1312. REPEAL AND AMENDMENT OF CERTAIN PROVI2 SIONS RELATING TO DEFENSE TECHNOLOGY

3 AND INDUSTRIAL BASE, REINVESTMENT, AND

4 CONVERSION.

5 (a) REPEALS.—The following sections of title 10,

6 United States Code, are repealed: sections 2502, 2503, 2504,

7 2506, 2515, and 2518.

8 (b) AMENDMENT.—Section 2505 of such title is

9 amended—

10 (1) in subsection (a), by striking out ‘‘National

11 Defense Technology and Industrial Base Council’’ and

12 inserting in lieu thereof ‘‘Secretary of Defense’’; and

13 (2) in subsection (c), by striking out ‘‘Council’’

14 and inserting in lieu thereof ‘‘Secretary’’.

15 (c) CONFORMING REPEALS.—The following sections of

16 the National Defense Authorization Act for Fiscal Year

17 1993 (Public Law 102–484) are repealed: sections 4218,

18 4219, and 4220.

19 (d) CLERICAL AMENDMENTS.—(1) The table of sections

20 at the beginning of subchapter II of chapter 148 of such

21 title is amended by striking out the items relating to sec22 tions 2502, 2503, 2504, and 2506.

23 (2) The table of sections at the beginning of subchapter

24 III of chapter 148 of such title is amended by striking out

25 the items relating to sections 2515 and 2518.
370

HR 2401 RH

1 SEC. 1313. EXPANSION OF OBJECTIVES OF DEFENSE TECH2 NOLOGY REINVESTMENT PROJECTS.

3 (a) RESTATEMENT OF EXISTING PROVISION IN TERMS

4 OF OBJECTIVES.—Section 2501(b) of title 10, United States

5 Code, is amended by striking out ‘‘defenseresourcesthat—’’

6 and all that follows through the period and inserting in

7 lieu thereof ‘‘defense resources capable of meeting the follow8 ing objectives:

9 ‘‘(1) Promoting economic growth in high-wage,

10 high-technology industries and preserving the indus11 trial and technical skill base.

12 ‘‘(2) Promoting economic growth through further

13 reduction of the Federal budget deficit that, by reduc14 ing the public sector demand for capital, increases the

15 amount of capital available for private investment

16 and job creation in the civilian sector.

17 ‘‘(3) Bolstering the national technology base, in18 cluding supporting and exploiting critical tech19 nologies with both military and civilian application.

20 ‘‘(4) Supporting retraining of separated mili21 tary, defense civilian, and defense industrial person22 nel for jobs in activities important to national eco23 nomic growth and security.

24 ‘‘(5) Assisting those activities being undertaken

25 at the State and local levels to support defense eco-
371

HR 2401 RH

1 nomic reinvestment, conversion, adjustment, and di2 versification activities.

3 ‘‘(6) Assisting small businesses adversely affected

4 by reductions in defense expenditures.’’.

5 (b) CONSIDERATION OF DEFENSE REINVESTMENT, DI6 VERSIFICATION, AND CONVERSION OBJECTIVES.—Chapter

7 148 of title 10, United States Code, is amended—

8 (1) in sections 2505(a), 2505(b), 2511(a),

9 2511(f)(1), 2512(a), 2512(e)(1), 2513(a), 2516(b),

10 2522(a), and 2523(b)(1), by striking out ‘‘national se11 curity objectives set forth in section 2501(a)’’ each

12 place it appears and inserting in lieu thereof ‘‘objec13 tives set forth in subsections (a) and (b) of section

14 2501’’;

15 (2) in section 2505(b)(1), by striking out ‘‘sec16 tion 2501(a)’’ and inserting in lieu thereof ‘‘section

17 2501’’; and

18 (3) in section 2514(a), by striking out ‘‘section

19 2501(a)’’ and inserting in lieu thereof ‘‘subsections

20 (a) and (b) of section 2501’’.

21 SEC. 1314. DEFENSE TECHNOLOGY REINVESTMENT

22 PROJECTS FOR FISCAL YEAR 1994.

23 (a) PROJECTS FOR FISCAL YEAR 1994.—Using funds

24 made available pursuant to section 1302(a), the Secretary

25 of Defense shall carry out during fiscal year 1994 defense
372

HR 2401 RH

1 technology reinvestment projects in cooperation with part2 nerships and other cooperative arrangements established

3 pursuant to chapter 148 of title 10, United States Code,

4 in the technology focus areas described in subsection (b) or

5 involving technologies that otherwise meet the objectives set

6 forth in section 2501 of this title. Nothing in this section

7 shall be construed to preclude continued support for defense

8 technology reinvestment projects in technology focus areas

9 identified during the solicitation conducted during fiscal

10 year 1993.

11 (b) DESCRIPTION OF TECHNOLOGY FOCUS AREAS.—

12 The technology focus areas referred to in subsection (a) are

13 the following:

14 (1) Ocean thermal energy conversion.

15 (2) Advanced antenna technology.

16 (3) Noncooled, pyroelectric thermal imaging sys17 tems.

18 (4) Advanced wind power systems.

19 (5) Parallel processing technologies.

20 (6) Photovoltaic energy storage systems.

21 (7) Direct satellite radio broadcasting.

22 (8) Solar furnace environmental remediation

23 technologies.

24 (9) Robotic excavation and tunnelling tech25 nologies.
373

HR 2401 RH

1 (10) Marine biotechnology.

2 (11) Automated manufacturing technology for

3 composites.

4 (12) Earthquake-resistant bridge composites.

5 (13) Advanced automatic train control systems

6 technologies.

7 (14) Statewide defense conversion economic de8 velopment networks for transition services, retraining,

9 and business diversification.

10 (15) Other technology areas that would further

11 the objectives set forth in section 2501 of title 10,

12 United States Code.

13 (c) CONSULTATION.—In carrying out defense tech14 nology reinvestment projects during fiscal year 1994, the

15 Secretary of Defense shall consult with the heads of other

16 Federal agencies conducting similar projects in the tech17 nology focus areas described in subsection (b).

18 (d) MADE-IN-AMERICA REQUIREMENT.—The Sec19 retary of Defense shall ensure that each partnership or other

20 cooperative arrangement established pursuant to chapter

21 148 of title 10, United States Code, to carry out a defense

22 technology reinvestment project during fiscal year 1994 in23 cludes an agreement that any manufacturing resulting from

24 the project shall occur in the United States and benefit

25 workers in the United States.
374

HR 2401 RH

1 (e) ACCEPTABLE STANDARDS OF QUALITY.—If the Sec2 retary of Defense determines that the proposals received as

3 a result of a solicitation for defense technology reinvestment

4 projects in a technology focus area described in subsection

5 (b) do not meet an acceptable standard of quality estab6 lished by the Secretary, nothing in this section shall be con7 strued to require the Secretary to carry out projects in that

8 technology focus area. The Secretary shall make a deter9 mination under this subsection after consultation with the

10 Defense Technology Conversion Council. The Secretary shall

11 promptly notify Congress of each determination not to

12 carry out projects in a particular technology focus area.

13 (f) USE OF COMPETITIVE SELECTION PROCEDURES.—

14 Funds authorized to be made available for defense tech15 nology reinvestment projects selected as a result of the au16 thority provided by subsection (a) shall be made available

17 to those projects only if a competitive selection process was

18 used to select the projects.

19 SEC. 1315. EXPANSION OF PURPOSES OF DEFENSE AD20 VANCED MANUFACTURING TECHNOLOGY

21 PARTNERSHIPS.

22 Section 2522 of title 10, United States Code, is

23 amended—

24 (1) in subsection (a)—
375

HR 2401 RH

1 (A) by striking out ‘‘research and develop2 ment’’ and inserting in lieu thereof ‘‘research,

3 development, or deployment’’; and

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

5 sentence: ‘‘The cooperative arrangements author6 ized by this section may include a cooperative

7 arrangement with an industry-led, large-scale re8 search and development consortium to establish

9 and administer long-term partnerships under

10 this section.’’; and

11 (2) in subsection (d)—

12 (A) by redesignating paragraph (3) as

13 paragraph (4); and

14 (B) by inserting after paragraph (2) the fol15 lowing new paragraph:

16 ‘‘(3) The extent to which the partnerships pro17 vide for the large-scale deployment of advanced manu18 facturing technologies.’’.

19 SEC. 1316. DEFENSE DUAL-USE ASSISTANCE EXTENSION

20 PROGRAM.

21 (a) EXPANSION OF BUSINESSES ELIGIBLE FOR LOAN

22 GUARANTEES.—Subsection (b)(3) of section 2524 of title 10,

23 United States Code, is amended—
376

HR 2401 RH

1 (1) by striking out ‘‘small businesses’’ and in2 serting in lieu thereof ‘‘small- and medium-sized busi3 ness concerns’’; and

4 (2) by inserting ‘‘subsection (e) and’’ before

5 ‘‘other applicable law’’.

6 (b) SPECIAL RULES FOR LOAN GUARANTEES.—Sub7 section (e) of such section is amended to read as follows:

8 ‘‘(e) TERMS AND CONDITIONS FOR LOAN GUARAN9 TEES.—(1) The Secretary shall carry out subsection (b)(3)

10 through the Under Secretary of Defense for Acquisition and

11 Technology, who may consult with and seek technical assist12 ance from other Federal agencies in order to effectively issue

13 loan guarantees under such subsection. Such loan guaran14 tees shall be issued for the purpose of assisting small- and

15 medium-sized business concerns that are economically de16 pendent on defense expenditures to secure financing for

17 projects—

18 ‘‘(A) to achieve the final development and com19 mercialization of defense-oriented technologies for

20 nonmilitary use by the business concern; and

21 ‘‘(B) to diversify the operations of the business

22 concern toward greater emphasis on production or

23 services for nonmilitary use.

24 ‘‘(2) A business concern shall be considered to be a

25 small- or medium-sized business concern for purposes of this
377

HR 2401 RH

1 subsection and subsection (b)(3) if the business concern has

2 not more than 2,500 full-time employees or their equivalent.

3 A business concern shall be considered to be economically

4 dependent on defense expenditures for purposes of this sub5 section and subsection (b)(3) if the business concern—

6 ‘‘(A) has a substantial prior history of conduct7 ing much of its sales and business with Department

8 of Defense over the life, or a substantial portion of the

9 life, of the business concern; and

10 ‘‘(B) can reasonably demonstrate that it, in at

11 least two of the last seven years immediately preced12 ing the application for a loan guarantee—

13 ‘‘(i) obtained at least 50 percent of its gross

14 income from contracts or subcontracts to provide

15 material or services to the Department of De16 fense; or

17 ‘‘(ii) incurred a significant reduction in its

18 gross income as a result the termination or com19 pletion of contracts or subcontracts to provide

20 material or services to the Department of De21 fense.

22 ‘‘(3) The maximum amount of loan principal that the

23 Secretary may guarantee under subsection (b)(3) with re24 spect to any loan may not exceed $10,000,000. The maxi25 mum percentage of the loan principal that the Secretary
378

HR 2401 RH

1 may guarantee with respect to any loan shall be established

2 by the Secretary, except that the percentage established may

3 not exceed 85 percent of the principal.

4 ‘‘(4) Loan guarantees shall be issued under subsection

5 (b)(3) on a competitive basis after consideration of the fol6 lowing criteria:

7 ‘‘(A) Whether credit is not otherwise commer8 cially available under reasonable terms and condi9 tions.

10 ‘‘(B) The applicability of the program to be

11 funded by the loan to the technology areas outlined in

12 the Technology Reinvestment Project proposed by the

13 President on March 10, 1993.

14 ‘‘(C) The ability of the program to preserve or

15 enhance critical technology and national technology

16 and industrial base skills.

17 ‘‘(D) The market potential of any product or

18 technology to be developed using the loan.

19 ‘‘(E) The importance of the program to future

20 United States economic competitiveness and the eco21 nomic strength of United States.

22 ‘‘(F) The economic viability and perceived abil23 ity of the business concern to repay the loan.

24 ‘‘(G) The technical soundness of the proposal.
379

HR 2401 RH

1 ‘‘(H) The selection criteria specified in sub2 section (f).

3 ‘‘(5) The Secretary shall give a preference in issuing

4 loan guarantees under subsection (b)(3) to an application

5 by a business concern to carry out a program to commer6 cialize a product or technology that is already developed

7 or proven at the time the application is submitted over pro8 grams to carry out solely research and development activi9 ties.

10 ‘‘(6) The provisions of law relating to default on loans

11 guaranteed by the Administrator of the Small Business Ad12 ministration under the Small Business Act (15 U.S.C. 631

13 et seq.) shall apply if the United States is obligated to make

14 reimbursing payments to a commercial creditor under a

15 loan guarantee issued to a business concern under sub16 section (b)(3). In addition, the President shall prohibit the

17 business concern involved in the default, and any successor

18 of the business concern, from bidding on or receiving for

19 a 3-year period any contract or subcontract to provide ma20 terial or services to the Federal Government.’’.

21 (c) CONFORMING AMENDMENT.—Subsection (f) of such

22 section is amended by inserting after ‘‘SELECTION CRI23 TERIA.—’’ the following new sentence: ‘‘Competitive proce24 dures shall be used in the selection of programs to receive

25 assistance under this section.’’.
380

HR 2401 RH

1 SEC. 1317. CONSISTENCY IN FINANCIAL COMMITMENT RE2 QUIREMENTS OF NON-FEDERAL GOVERN3 MENT PARTICIPANTS IN TECHNOLOGY REIN4 VESTMENT PROJECTS.

5 (a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY

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

7 Code, is amended to read as follows:

8 ‘‘(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOV9 ERNMENT PARTICIPANTS.—(1) Except as provided in para10 graph (2), the Secretary of Defense shall ensure that the

11 amount of funds provided by the Secretary to a partnership

12 does not exceed 50 percent of the total cost of partnership

13 activities.

14 ‘‘(2) The Secretary may increase the Federal share of

15 the costs of partnership activities to not more than 70 per16 cent of such costs in the case of a partnership in which

17 the entity proposing the partnership and a majority of the

18 non-Government participants are small business concerns.

19 ‘‘(3) The Secretary shall prescribe regulations to pro20 vide for consideration of in-kind contributions by non-Fed21 eral Government participants in a partnership for the pur22 pose of calculating the share of the partnership costs that

23 has been or is being undertaken by such participants. A

24 participant that is a small business concern may use funds

25 received under the Small Business Innovation Research

26 Program or the Small Business Technology Transfer Pro-
381

HR 2401 RH

1 gram to help pay the costs of partnership activities, and

2 any such funds so used shall be included in calculating the

3 non-Federal Government share of such costs.’’.

4 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER5 SHIPS.—Section 2512(c) of such title is amended to read

6 as follows:

7 ‘‘(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOV8 ERNMENT PARTICIPANTS.—(1) Except as provided in para9 graph (2), the Secretary shall ensure that the amount of

10 funds provided by the Secretary to a partnership does not

11 exceed 50 percent of the total cost of partnership activities.

12 ‘‘(2) The Secretary may increase the Federal share of

13 the costs of partnership activities to not more than 70 per14 cent of such costs in the case of a partnership in which

15 the entity proposing the partnership and a majority of the

16 non-Government participants are small business concerns.

17 ‘‘(3) The Secretary shall prescribe regulations to pro18 vide for consideration of in-kind contributions by non-Fed19 eral Government participants in a partnership for the pur20 pose of calculating the share of the partnership costs that

21 has been or is being undertaken by such participants. A

22 participant that is a small business concern may use funds

23 received under the Small Business Innovation Research

24 Program or the Small Business Technology Transfer Pro25 gram to help pay the costs of partnership activities, and
382

HR 2401 RH

1 any such funds so used shall be included in calculating the

2 non-Federal Government share of such costs.’’.

3 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

4 PROGRAM.—Section 2513 of such title is amended—

5 (1) by adding at the end of subsection (d) the fol6 lowing new paragraph:

7 ‘‘(4) The Secretary may increase the amount of assist8 ance provided under paragraph (1) up to an amount not

9 exceeding 70 percent of the cost of the activities of a regional

10 technology alliance in the case of a regional technology alli11 ance in which the entity proposing the alliance and a ma12 jority of the non-Government participants are small busi13 ness concerns.’’; and

14 (2) in subsection (e)—

15 (A) by inserting after ‘‘50 percent’’ the fol16 lowing: ‘‘(or 30 percent if additional assistance

17 is provided under subsection (d)(4))’’; and

18 (B) by adding at the end the following new

19 paragraph:

20 ‘‘(3) The Secretary shall prescribe regulations to pro21 vide for consideration of in-kind contributions by non-Fed22 eral Government participants in a regional technology alli23 ance for the purpose of calculating the share of the costs

24 that has been or is being undertaken by such participants.

25 A participant that is a small business concern may use
383

HR 2401 RH

1 funds received under the Small Business Innovation Re2 search Program or the Small Business Technology Transfer

3 Program to help pay the costs of a regional technology alli4 ance, and any such funds so used shall be included in cal5 culating the non-Federal Government share of such costs.’’.

6 (d) MANUFACTURING EXTENSION PROGRAMS.—Sec7 tion 2523(b)(3) of such title is amended—

8 (1) by striking out subparagraph (A) and insert9 ing in lieu thereof the following new subparagraph:

10 ‘‘(A) The amount of financial assistance furnished to

11 a manufacturing extension program under this subsection

12 may not exceed 50 percent of the total cost of the program,

13 except that the Secretary may increase the Federal share

14 to not more than 70 percent of such costs in the case of

15 a program in which the entity proposing the program and

16 a majority of the non-Government participants are small

17 business concerns. Financial assistance shall be provided to

18 a recipient program for a period of five years unless such

19 financial assistance is earlier terminated for good cause.

20 Recipients of such financial assistance shall be required to

21 report to the Secretary annually beginning one year after

22 the date that such financial assistance is initiated. Such

23 report shall include a description of the progress of the re24 cipient program in meeting the objectives set out in para25 graph (1).’’; and
384

HR 2401 RH

1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(D) The Secretary shall prescribe regulations to pro4 vide for consideration of in-kind contributions by non-Fed5 eral Government participants in a manufacturing exten6 sion program for the purpose of calculating the share of the

7 costs that has been or is being undertaken by such partici8 pants. A participant that is a small business concern may

9 use funds received under the Small Business Innovation Re10 search Program or the Small Business Technology Transfer

11 Program to help pay the costs of the program, and any such

12 funds so used shall be included in calculating the non-Fed13 eral Government share of such costs.’’.

14 (e) DEFENSE DUAL-USE ASSISTANCE EXTENSION

15 PROGRAM.—Section 2524(d) of such title is amended to

16 read as follows:

17 ‘‘(d) FINANCIAL COMMITMENT OF NON-FEDERAL GOV18 ERNMENT PARTICIPANTS.—(1) Except as provided in para19 graph (2), the Secretary shall ensure that the amount of

20 funds provided by the Secretary to a program under this

21 section does not exceed 50 percent of the total cost of the

22 program.

23 ‘‘(2) The Secretary may increase the Federal share of

24 the costs of a program under this section to not more than

25 70 percent of such costs in the case of a program in which
385

HR 2401 RH

1 the entity proposing the program and a majority of the

2 non-Government participants are small business concerns.

3 ‘‘(3) The Secretary shall prescribe regulations to pro4 vide for consideration of in-kind contributions by non-Fed5 eral Government participants in a program under this sec6 tion for the purpose of calculating the share of the costs

7 that has been or is being undertaken by such participants.

8 A participant that is a small business concern may use

9 funds received under the Small Business Innovation Re10 search Program or the Small Business Technology Transfer

11 Program to help pay the costs of the program, and any such

12 funds so used shall be included in calculating the non-Fed13 eral Government share of such costs.’’.

14 (f) DEFINITIONS.—Section 2491 of such title is amend15 ed by adding at the end the following new paragraphs:

16 ‘‘(13) The term ‘Small Business Innovation Re17 search Program’ means the program established under

18 the following provisions of section 9 of the Small

19 Business Act (15 U.S.C. 638):

20 ‘‘(A) Paragraphs (4) through (7) of sub21 section (b).

22 ‘‘(B) Subsections (e) through (k).

23 ‘‘(14) The term ‘Small Business Technology

24 Transfer Program’ means the program established

25 under the following provisions of such section:
386

HR 2401 RH

1 ‘‘(A) Paragraphs (4) through (7) of sub2 section (b).

3 ‘‘(B) Subsections (e) and (n) through (p).’’.

4 Subtitle B—Community Adjustment

5 and Assistance Programs

6 SEC. 1321. ADJUSTMENT AND DIVERSIFICATION ASSIST7 ANCE FOR STATES AND LOCAL GOVERN8 MENTS FROM THE OFFICE OF ECONOMIC AD9 JUSTMENT.

10 (a) FUNDING FOR FISCAL YEAR 1994.—Of the amount

11 made available pursuant to section 1302(a), $69,000,000

12 shall be available as community adjustment and economic

13 diversification assistance under section 2391(b) of title 10,

14 United States Code.

15 (b) PREPARATION ASSISTANCE.—The Secretary of De16 fense may use up to five percent of the amount specified

17 in subsection (a) for the purpose of providing preparation

18 assistance to those States intending to establish the types

19 of programs for which assistance is authorized under section

20 2391(b) of title 10, United States Code.
387

HR 2401 RH

1 SEC. 1322. ASSISTANCE FOR COMMUNITIES ADVERSELY AF2 FECTED BY CATASTROPHIC OR MULTIPLE

3 BASE CLOSURES OR REALIGNMENTS.

4 (a) ASSISTANCE.—Section 2391 of title 10, United

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

6 new subsection:

7 ‘‘(f) EMPHASIS ON COMMUNITIES WITH CATASTROPHIC

8 OR MULTIPLE BASE CLOSURES OR REALIGNMENTS.—(1)

9 Not less than 50 percent of the funds made available for

10 a fiscal year to carry out subsection (b) shall be used by

11 the Secretary of Defense under paragraphs (1) and (4) of

12 such subsection to make grants, conclude cooperative agree13 ments, and supplement funds available under other Federal

14 programs in order to assist State and local governments

15 in planning and carrying out community adjustments and

16 economic diversification in any community determined by

17 the Secretary—

18 ‘‘(A) to be likely to experience a loss of not less

19 than five percent of the total number of civilian jobs

20 in the community as a result of the realignment or

21 closure of a military installation under the base clo22 sure laws; or

23 ‘‘(B) to be adversely affected by the realignment

24 or closure of more than one military installation

25 under the base closure laws.
388

HR 2401 RH

1 ‘‘(2) To the extent practicable, the amount of assistance

2 provided under subsection (b) in a fiscal year to assist a

3 community described in paragraph (1) that is selected to

4 receive such assistance in that fiscal year should be not less

5 than—

6 ‘‘(A) $1,000,000 to plan community adjustments

7 and economic diversification; and

8 ‘‘(B) $5,000,000 to carry out a community ad9 justments and economic diversification program.’’.

10 (b) TIME FOR CONSIDERATION OF APPLICATIONS.—

11 Subsection (b) of such section is amended by adding at the

12 end the following new paragraphs:

13 ‘‘(6) To the extent practicable, the Secretary of Defense

14 shall inform a State or local government applying for as15 sistance under this subsection of the approval or rejection

16 by the Secretary of the application for such assistance before

17 the end of—

18 ‘‘(A) the 7-day period beginning on the date on

19 which the Secretary receives the application, in the

20 case of an application for a planning grant; and

21 ‘‘(B) the 30-day period beginning on such date,

22 in the case of an application for assistance to carry

23 out a community adjustments and economic diver24 sification program.
389

HR 2401 RH

1 ‘‘(7) In attempting to complete consideration of appli2 cations within the time periods specified in paragraph (6),

3 the Secretary shall give priority to those applications re4 questing assistance for a community described in subsection

5 (f)(1). If an application is rejected by the Secretary, the

6 Secretary shall promptly inform the State or local govern7 ment of the reasons for the rejection of the application.’’.

8 (c) DEFINITION.—Subsection (d) of such section is

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

10 ‘‘(3) The term ‘base closure laws’ means—

11 ‘‘(A) the Defense Base Closure and Realign12 ment Act of 1990 (part A of title XXIX of Public

13 Law 101–510; 10 U.S.C. 2687 note);

14 ‘‘(B) title II of the Defense Authorization

15 Amendments and Base Closure and Realignment

16 Act (Public Law 100–526; 10 U.S.C. 2687 note);

17 ‘‘(C) section 2687 of this title; and

18 ‘‘(D) any other similar law enacted after

19 October 1, 1993.’’.

20 SEC. 1323. CONTINUATION OF PILOT PROJECT TO IMPROVE

21 ECONOMIC ADJUSTMENT PLANNING.

22 (a) CONTINUATION OF PROGRAM.—Subsection (a) of

23 section 4302 of the Defense Conversion, Reinvestment, and

24 Transition Assistance Act of 1992 (division D of Public

25 Law 102–484; 10 U.S.C. 1091 note) is amended by striking
390

HR 2401 RH

1 out ‘‘fiscal year 1993’’ and inserting in lieu thereof ‘‘fiscal

2 years 1993 and 1994’’.

3 (b) FUNDING FOR FISCAL YEAR 1994.—Of the amount

4 made available pursuant to section 1302(a), $1,000,000

5 shall be made available to continue the pilot project re6 quired under section 4302 of the Defense Conversion, Rein7 vestment, and Transition Assistance Act of 1992 (division

8 D of Public Law 102–484; 10 U.S.C. 1091 note) with re9 spect to those projects involving relieving the adverse effects

10 upon a community from a combination of the closure or

11 realignment of a military installation and changes in the

12 mission of a national laboratory.

13 SEC. 1324. CONSIDERATION OF LOCAL AND REGIONAL ECO14 NOMIC NEEDS AS PART OF THE DISPOSITION

15 OF REAL PROPERTY AND FACILITIES UNDER

16 BASE CLOSURE LAWS.

17 (a) CONSIDERATION OF ECONOMIC NEEDS.—In order

18 to maximize local and regional benefit from the reuse of

19 military installations that are closed or realigned, or se20 lected for closure or realignment, pursuant to the operation

21 of a base closure law, the Secretary of Defense shall incor22 porate locally and regionally delineated economic develop23 ment needs and priorities into the disposition process by

24 which the Secretary disposes of real property and facilities

25 as part of the closure or realignment of a military installa-
391

HR 2401 RH

1 tion under a base closure law. In determining such needs

2 and priorities, the Secretary shall use the community base

3 reuse plan developed for the military installation involved.

4 (b) COOPERATION.—The Secretary shall cooperate

5 with the State in which a military installation referred to

6 in subsection (a) is located, with the entity established to

7 develop a community base reuse plan for the installation,

8 and with local governments and other interested persons in

9 communities located near the installation to implement the

10 entire disposition process of real property and facilities at

11 the installation.

12 (c) ECONOMIC DEVELOPMENT CRITERIA.—In evaluat13 ing the highest and best reuse options for real property and

14 facilities at a military installation referred to in subsection

15 (a), the Secretary shall employ the following economic devel16 opment criteria:

17 (1) The creation of jobs, including manufactur18 ing and other primary labor market jobs.

19 (2) A significant economic multiplier effect on

20 the local and regional economies.

21 (3) A significant direct economic impact on the

22 local and regional economies through future contract23 ing for goods and services, and construction activities.

24 (4) New tax revenue generated to the State and

25 locality.
392

HR 2401 RH

1 (5) The creation, rehabilitation, operation, and

2 maintenance of local infrastructure.

3 (6) The incorporation of local and regional eco4 nomic development needs and priorities into the reuse

5 plan.

6 (7) The economic viability of the proposed devel7 opment.

8 (8) The timely economic impact of the proposed

9 development.

10 (9) Need for public financial assistance to ac11 quire or develop the property.

12 (d) PRIORITIES.—The criteria specified in subsection

13 (d) shall be prioritized at the local and regional level for

14 each military installation referred to in subsection (a) to

15 establish a site specific weighting system for individual ob16 jectives. These criteria shall be considered to be costs or ben17 efits depending upon the degree to which priorities are met.

18 The highest and best use for real property and facilities at

19 the installation shall be considered to be the reuse option

20 that produces the greatest benefit according to these criteria.

21 (e) DEFINITIONS.—For purposes of this section:

22 (1) The term ‘‘base closure law’’ means each of

23 the following:
393

HR 2401 RH

1 (A) The Defense Base Closure and Realign2 ment Act of 1990 (part A of title XXIX of Public

3 Law 101–510; 10 U.S.C. 2687 note).

4 (B) 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 (C) Section 2687 of title 10, United States

8 Code.

9 (D) Any other similar law enacted after the

10 date of the enactment of this Act.

11 (2) the term ‘‘disposition process’’ includes sched12 uling, planning, economic, environmental, and infra13 structure assessments, market research, marketing

14 programs, permit procedures, and transfers of real

15 and personal property carried out as part of the dis16 position of real property and facilities at a military

17 installation closed or realigned under a base closure

18 law.

19 SEC. 1325. SHIPYARD CONVERSION AND REUSE STUDIES.

20 (a) STUDIES REQUIRED.—The Secretary of Defense

21 shall make community adjustment and diversification as22 sistance available under section 2391(b) of title 10, United

23 States Code, for the purpose of conducting studies regarding

24 the feasibility of converting and reutilizing the following
394

HR 2401 RH

1 military shipyards as facilities primarily oriented toward

2 commercial use:

3 (1) Charleston Naval Shipyard, South Carolina.

4 (2) Mare Island Naval Shipyard, California.

5 (b) FUNDING.—Of the amount made available pursu6 ant to section 1302(a), $500,000 shall be available to carry

7 out each of the studies required by subsection (a).

8 Subtitle C—Personnel Adjustment,

9 Education, and Training Programs

10 SEC. 1331. CONTINUATION OF TEACHER AND TEACHER’S

11 AIDE PLACEMENT PROGRAMS.

12 (a) PLACEMENT PROGRAMS REQUIRED.—(1) Section

13 1151 of title 10, United States Code, is amended—

14 (A) in subsection (a), by striking out ‘‘may’’ in

15 the matter preceding paragraph (1) and inserting in

16 lieu thereof ‘‘shall’’ and;

17 (B) in subsections (b), (c)(1), (e)(1), and (f), by

18 striking out ‘‘program authorized’’ each place it ap19 pears and inserting in lieu thereof ‘‘program re20 quired’’.

21 (2) Section 1598 of such title is amended—

22 (A) in subsection (a), by striking out ‘‘may’’ in

23 the matter preceding paragraph (1) and inserting in

24 lieu thereof ‘‘shall’’; and
395

HR 2401 RH

1 (B) in subsections (b)(1) and (f), by striking out

2 ‘‘program authorized’’ both places it appears and in3 serting in lieu thereof ‘‘program required’’.

4 (3) Section 2410j of such title is amended—

5 (A) in subsection (a), by striking out ‘‘may’’ in

6 the matter preceding paragraph (1) and inserting in

7 lieu thereof ‘‘shall offer to’’; and

8 (B) in subsection (b)(1), by striking out ‘‘agree9 ment authorized’’ and inserting in lieu thereof ‘‘agree10 ment entered into’’.

11 (b) COVERAGE OF CERTAIN MEMBERS INADVERT12 ENTLY EXCLUDED.—Section 1151(e)(1) of such title, as

13 amended by subsection (a)(1)(B), is further amended by in14 serting before the period at the end of the first sentence the

15 following: ‘‘or within one year after the date of the discharge

16 or release’’.

17 (c) EXTENSION OF PERIOD OF REQUIRED SERVICE.—

18 (1) Section 1151 of such title, as amended by subsection

19 (a)(1), is further amended—

20 (A) in subsection (f)(2), by striking out ‘‘two

21 school years’’ both places it appears and inserting in

22 lieu thereof ‘‘five school years’’;

23 (B) in subsection (h)(3)(A), by striking out ‘‘two

24 consecutive school years’’ and inserting in lieu thereof

25 ‘‘five consecutive school years’’;
396

HR 2401 RH

1 (C) in subsection (h)(5), by striking out ‘‘two

2 years’’ both places it appears and inserting in lieu

3 thereof ‘‘five years’’; and

4 (D) in subsection (i)(1), by striking out ‘‘two

5 years’’ both places it appears and inserting in lieu

6 thereof ‘‘five years’’.

7 (2) Section 1598(d)(2) of such title is amended by

8 striking out ‘‘two school years’’ both places it appears and

9 inserting in lieu thereof ‘‘five school years’’.

10 (3) Section 2410j(f)(2) of such title is amended by

11 striking out ‘‘two school years’’ both places it appears and

12 inserting in lieu thereof ‘‘five school years’’.

13 (d) GRANT PAYMENTS.—Section 1151(h)(3)(B) of such

14 title is amended by striking out ‘‘equal to the lesser

15 of—’’ and all that follows through ‘‘$50,000.’’ and inserting

16 in lieu thereof the following: ‘‘based upon the basic salary

17 paid by the local educational agency to the participant as

18 a teacher or teacher’s aide. The rate of payment by the Sec19 retary shall be as follows:

20 ‘‘(i) For the first school year of employment,

21 50 percent of the basic salary, except that the

22 payment may not exceed $25,000.

23 ‘‘(ii) For the second school year of employ24 ment, 40 percent of the basic salary, except that

25 the payment may not exceed $10,000.
397

HR 2401 RH

1 ‘‘(iii) For the third school year of employ2 ment, 30 percent of the basic salary, except that

3 the payment may not exceed $7,500.

4 ‘‘(iv) For the fourth school year of employ5 ment, 20 percent of the basic salary, except that

6 the payment may not exceed $5,000.

7 ‘‘(v) For the fifth year of employment, 10

8 percent of the basic salary, except that the pay9 ment may not exceed $2,500.’’.

10 (e) INCREASED FLEXIBILITY IN PROVIDING STIPENDS

11 AND PLACEMENT GRANTS.—Section 1151(h)(1) of such is

12 amended by striking out ‘‘shall’’ and inserting in lieu there13 of ‘‘may’’.

14 (f) APPLICATION OF CERTAIN AMENDMENTS.—The

15 amendments made by subsections (c) and (d) shall not

16 apply with respect to—

17 (1) persons selected by the Secretary of Defense

18 before the date of the enactment of this Act to partici19 pate in the teacher and teacher’s aide placement pro20 grams required by sections 1151, 1598, and 2410j of

21 title 10, United States Code, or

22 (2) agreements entered into by the Secretary be23 fore such date with local educational agencies under

24 such sections.
398

HR 2401 RH

1 SEC. 1332. PROGRAMS TO PLACE SEPARATED MEMBERS OF

2 THE ARMED FORCES IN EMPLOYMENT POSI3 TIONS WITH LAW ENFORCEMENT AGENCIES

4 AND HEALTH CARE PROVIDERS.

5 (a) PLACEMENT PROGRAM WITH LAW ENFORCEMENT

6 AGENCIES.—Chapter 58 of title 10, United States Code, is

7 amended by adding at the end the following new section:

8 ‘‘§ 1152. Assistance to separated members to obtain

9 employment with law enforcement agen10 cies

11 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De12 fense shall establish a program to assist eligible members

13 of the armed forces to obtain employment by State and local

14 law enforcement agencies upon their discharge or release

15 from active duty.

16 ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in

17 paragraph (2), a member of the armed forces may apply

18 to participate in the program established under subsection

19 (a) if the member—

20 ‘‘(A) is selected for involuntary separation, is

21 approved for separation under section 1174a or 1175

22 of this title, or is given early retirement under section

23 4403 of the Defense Conversion, Reinvestment, and

24 Transition Assistance Act of 1992 (division D of Pub25 lic Law 102–484; 10 U.S.C. 1293 note) during the

26 four-year period beginning on October 1, 1993;
399

HR 2401 RH

1 ‘‘(B) 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 and

5 ‘‘(C) satisfies such other criteria for selection as

6 the Secretary of Defense may prescribe.

7 ‘‘(2) A member who is discharged or released from

8 service under other than honorable conditions shall not be

9 eligible to participate in the program.

10 ‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Secretary

11 of Defense shall select members to participate in the pro12 gram established under subsection (a) on the basis of appli13 cations submitted to the Secretary before the date of the dis14 charge or release of the members from active duty. An appli15 cation shall be in such form and contain such information

16 as the Secretary may require.

17 ‘‘(2) The Secretary may not select a member to partici18 pate in the program unless the Secretary has sufficient ap19 propriations for the placement program available at the

20 time of the selection to satisfy the obligations to be incurred

21 by the United States under subsection (d) with respect to

22 that member.

23 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The

24 Secretary of Defense may enter into agreements with State

25 and local law enforcement agencies to assist eligible mem-
400

HR 2401 RH

1 bers selected under subsection (c) to obtain suitable employ2 ment with these agencies. Under the agreement, the law en3 forcement agency shall agree to employ a participant in

4 the program on a full-time basis for at least a five-year

5 period.

6 ‘‘(2) Under an agreement referred to in paragraph (1),

7 the Secretary shall agree to pay to the law enforcement

8 agency involved an amount based upon the basic salary

9 paid by the law enforcement agency to the participant as

10 a law enforcement officer. The rate of payment by the Sec11 retary shall be as follows:

12 ‘‘(A) For the first year of employment, 50 per13 cent of the basic salary, except that the payment may

14 not exceed $25,000.

15 ‘‘(B) For the second year of employment, 40 per16 cent of the basic salary, except that the payment may

17 not exceed $10,000.

18 ‘‘(C) For the third year of employment, 30 per19 cent of the basic salary, except that the payment may

20 not exceed $7,500.

21 ‘‘(D) For the fourth year of employment, 20 per22 cent of the basic salary, except that the payment may

23 not exceed $5,000.
401

HR 2401 RH

1 ‘‘(E) For the fifth year of employment, 10 per2 cent of the basic salary, except that the payment may

3 not exceed $2,500.

4 ‘‘(3) Payments required under paragraph (2) may be

5 made by the Secretary in such installments as the Secretary

6 may determine.

7 ‘‘(4) If a participant who is placed under this program

8 leaves the employment of the law enforcement agency before

9 the end of the five years of required employment service,

10 the agency shall reimburse the Secretary in an amount that

11 bears the same ratio to the total amount already paid under

12 the agreement as the unserved portion bears to the five years

13 of required service.

14 ‘‘(5) The Secretary may not make a grant under this

15 subsection to a law enforcement agency if the Secretary de16 termines that the law enforcement agency terminated the

17 employment of another employee in order to fill the vacancy

18 so created with a participant in this program.’’.

19 (b) PLACEMENT PROGRAM WITH HEALTH CARE PRO20 VIDERS.—Chapter 58 of title 10, United States Code, is

21 amended by adding after section 1152, as added by sub22 section (a), the following new section:
402

HR 2401 RH

1 ‘‘§ 1153. Assistance to separated members to obtain

2 employment with health care providers

3 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De4 fense shall establish a program to assist eligible members

5 of the armed forces to obtain employment by health care

6 providers upon their discharge or release from active duty.

7 ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in

8 paragraph (2), a member shall be eligible for selection by

9 the Secretary of Defense to participate in the program es10 tablished under subsection (a) if the member—

11 ‘‘(A) is selected for involuntary separation, is

12 approved for separation under section 1174a or 1175

13 of this title, or is given early retirement under section

14 4403 of the Defense Conversion, Reinvestment, and

15 Transition Assistance Act of 1992 (division D of Pub16 lic Law 102–484; 10 U.S.C. 1293 note) during the

17 four-year period beginning on October 1, 1993;

18 ‘‘(B) has received an associate degree, bacca19 laureate, or advanced degree from an accredited insti20 tution of higher education or a junior or community

21 college;

22 ‘‘(C) has a military occupational specialty,

23 training, or experience related to health care or is

24 likely to be able to obtain such training in a short pe25 riod of time, as determined by the Secretary; and
403

HR 2401 RH

1 ‘‘(D) satisfies such other criteria for selection as

2 the Secretary may prescribe.

3 ‘‘(2) A member who is discharged or released from

4 service under other than honorable conditions shall not be

5 eligible to participate in the program.

6 ‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Secretary

7 of Defense shall select members to participate in the pro8 gram established under subsection (a) on the basis of appli9 cations submitted to the Secretary before the date of the dis10 charge or release of the members from active duty. An appli11 cation shall be in such form and contain such information

12 as the Secretary may require.

13 ‘‘(2) The Secretary may not select a member to partici14 pate in the program unless the Secretary has sufficient ap15 propriations for the placement program available at the

16 time of the selection to satisfy the obligations to be incurred

17 by the United States under subsection (d) with respect to

18 that member.

19 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The

20 Secretary of Defense may enter into an agreement with a

21 health care provider to assist eligible members selected

22 under subsection (c) to obtain suitable employment with the

23 health care provider. Under the agreement, the provider

24 shall agree to employ a participant in the program on a

25 full-time basis for at least a five-year period.
404

HR 2401 RH

1 ‘‘(2) Under an agreement referred to in paragraph (1),

2 the Secretary shall agree to pay to the health care provider

3 involved an amount based upon the basic salary paid by

4 the health care provider to the participant. The rate of pay5 ment by the Secretary shall be as follows:

6 ‘‘(A) For the first year of employment, 50 per7 cent of the basic salary, except that the payment may

8 not exceed $25,000.

9 ‘‘(B) For the second year of employment, 40 per10 cent of the basic salary, except that the payment may

11 not exceed $10,000.

12 ‘‘(C) For the third year of employment, 30 per13 cent of the basic salary, except that the payment may

14 not exceed $7,500.

15 ‘‘(D) For the fourth year of employment, 20 per16 cent of the basic salary, except that the payment may

17 not exceed $5,000.

18 ‘‘(E) For the fifth year of employment, 10 per19 cent of the basic salary, except that the payment may

20 not exceed $2,500.

21 ‘‘(3) Payments required under paragraph (2) may be

22 made by the Secretary in such installments as the Secretary

23 may determine.

24 ‘‘(4) If a participant who is placed under this program

25 leaves the employment of the health care provider before the
405

HR 2401 RH

1 end of the five years of required employment service, the

2 provider shall reimburse the Secretary in an amount that

3 bears the same ratio to the total amount already paid under

4 the agreement as the unserved portion bears to the five years

5 of required service.

6 ‘‘(5) The Secretary may not make a grant under this

7 subsection to a health care provider if the Secretary deter8 mines that the provider terminated the employment of an9 other employee in order to fill the vacancy so created with

10 a participant in this program.’’.

11 (c) PRESEPARATION COUNSELING.—Section

12 1142(b)(4) of title 10, United States Code, is amended by

13 striking out ‘‘program established under section 1151 of this

14 title to assist members to obtain employment as elementary

15 or secondary school teachers or teachers’ aides.’’ and insert16 ing in lieu thereof ‘‘programs established under sections

17 1151, 1152, and 1153 of this title.’’.

18 (d) CLERICAL AMENDMENT.—The table of sections at

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

20 end the following new items:

‘‘1152. Assistance to separated members to obtain employment with law enforcement agencies.

‘‘1153. Assistance to separated members to obtain employment with health care

providers.’’.
406

HR 2401 RH

1 SEC. 1333. GRANTS TO INSTITUTIONS OF HIGHER EDU2 CATION TO PROVIDE EDUCATION AND TRAIN3 ING IN ENVIRONMENTAL RESTORATION TO

4 DISLOCATED DEFENSE WORKERS AND YOUNG

5 ADULTS.

6 (a) GRANT PROGRAM REQUIRED.—(1) The Secretary

7 of Defense shall establish a program to provide demonstra8 tion grants to institutions of higher education to assist such

9 institutions in providing education and training in envi10 ronmental restoration and hazardous waste management to

11 eligible dislocated defense workers and young adults de12 scribed in subsection (d). The Secretary shall award the

13 grants pursuant to a merit-based selection process.

14 (2) A grant provided under this subsection may cover

15 a period of not more than three fiscal years, except that

16 the payments under the grant for the second and third fiscal

17 year shall be subject to the approval of the Secretary and

18 to the availability of appropriations to carry out this sec19 tion in that fiscal year.

20 (b) APPLICATION.—To be eligible for a grant under

21 subsection (a), an institution of higher education shall sub22 mit an application to the Secretary at such time, in such

23 form, and containing such information as the Secretary

24 may require. The application shall include the following:

25 (1) An assurance by the institution of higher

26 education that it will use the grant to supplement
407

HR 2401 RH

1 and not supplant non-Federal funds that would other2 wise be available for the education and training ac3 tivities funded by the grant.

4 (2) A proposal by the institution of higher edu5 cation to provide expertise, training, and education

6 in hazardous materials and waste management and

7 other environmental fields applicable to defense man8 ufacturing sites and Department of Defense and De9 partment of Energy defense facilities.

10 (c) USE OF GRANT FUNDS.—(1) An institution of

11 higher education receiving a grant under subsection (a)

12 shall use the grant to establish a consortium consisting of

13 the institution and one or more of each of the entities de14 scribed in paragraph (2) for the purpose of establishing and

15 conducting a program to provide education and training

16 in environmental restoration and waste management to eli17 gible individuals described in subsection (d). To the extent

18 practicable, the Secretary shall authorize the consortium to

19 use a military installation closed or selected to be closed

20 under a base closure law in providing on-site basic skills

21 training to participants in the program.

22 (2) The entities referred to in paragraph (1) are the

23 following:

24 (A) Representatives of appropriate State and

25 local agencies.
408

HR 2401 RH

1 (B) Private industry councils (as described in

2 section 102 of the Job Training Partnership Act (29

3 U.S.C. 1512)).

4 (C) Community-based organizations (as defined

5 in section 4(5) of such Act (29 U.S.C. 103(5)).

6 (D) Businesses.

7 (E) Organized labor.

8 (F) Other appropriate educational institutions.

9 (d) ELIGIBLE INDIVIDUALS.—A program established

10 or conducted using funds provided under subsection (a)

11 may provide education and training in environmental res12 toration and waste management to—

13 (1) individuals who have been terminated or laid

14 off from employment (or have received notice of termi15 nation or lay off) as a consequence of reductions in

16 expenditures by the United States for defense, the can17 cellation, termination, or completion of a defense con18 tract, or the closure or realignment of a military in19 stallation under a base closure law, as determined in

20 accordance with regulations prescribed by the Sec21 retary; or

22 (2) individuals who have attained the age of 16

23 but not the age of 25.

24 (e) ELEMENTS OF EDUCATION AND TRAINING PRO25 GRAM.—In establishing or conducting an education and
409

HR 2401 RH

1 training program using funds provided under subsection

2 (a), the institution of higher education shall meet the follow3 ing requirements:

4 (1) The institution of higher education shall es5 tablish and provide a work-based learning system

6 consisting of education and training in environ7 mental restoration—

8 (A) which may include basic educational

9 courses, on-site basic skills training, and mentor

10 assistance to individuals described in subsection

11 (d) who are participating in the program; and

12 (B) which may lead to the awarding of a

13 certificate or degree at the institution of higher

14 education.

15 (2) The institution of higher education shall un16 dertake outreach and recruitment efforts to encourage

17 participation by eligible individuals in the education

18 and training program.

19 (3) The institution of higher education shall se20 lect participants for the education and training pro21 gram from among eligible individuals described in

22 paragraph (1) or (2) of subsection (d).

23 (4) To the extent practicable, in the selection of

24 young adults described in subsection (d)(2) to partici25 pate in the education and training program, the in-
410

HR 2401 RH

1 stitution of higher education shall give priority to

2 those young adults who—

3 (A) have not attended and are otherwise un4 likely to be able to attend an institution of high5 er education; or

6 (B) have, or are members of families who

7 have, received a total family income that, in re8 lation to family size, is not in excess of the high9 er of—

10 (i) the official poverty line (as defined

11 by the Office of Management and Budget,

12 and revised annually in accordance with

13 section 673(2) of the Omnibus Budget Rec14 onciliation Act of 1981 (42 U.S.C. 9902(2));

15 or

16 (ii) 70 percent of the lower living

17 standard income level.

18 (5) To the extent practicable, the institution of

19 higher education shall select instructors for the edu20 cation and training program from institutions of

21 higher education, appropriate community programs,

22 and industry and labor.

23 (6) To the extent practicable, the institution of

24 higher education shall consult with appropriate Fed25 eral, State, and local agencies carrying out environ-
411

HR 2401 RH

1 mental restoration programs for the purpose of

2 achieving coordination between such programs and

3 the education and training program conducted by the

4 consortium.

5 (f) SELECTION OF GRANT RECIPIENTS.—To the extent

6 practicable, the Secretary shall provide grants to institu7 tions of higher education under subsection (a) in a manner

8 which will equitably distribute such grants among the var9 ious regions of the United States.

10 (g) LIMITATION ON AMOUNT OF GRANT TO A SINGLE

11 RECIPIENT.—The amount of a grant under subsection (a)

12 that may be made to a single institution of higher education

in a fiscal year may not exceed 1 13 ⁄3 of the amount made

14 available to provide grants under such subsection for that

15 fiscal year.

16 (h) REPORTING REQUIREMENTS.—(1) The Secretary

17 may provide a grant to an institution of higher education

18 under subsection (a) only if the institution agrees to submit

19 to the Secretary, in each fiscal year in which the Secretary

20 makes payments under the grant to the institution, a report

21 containing—

22 (A) a description and evaluation of the edu23 cation and training program established by the con24 sortium formed by the institution under subsection

25 (c); and
412

HR 2401 RH

1 (B) such other information as the Secretary may

2 reasonably require.

3 (2) Not later than 18 months after the date of the en4 actment of this Act, the Secretary shall submit to the Presi5 dent and Congress an interim report containing—

6 (A) a compilation of the information contained

7 in the reports received by the Secretary from each in8 stitution of higher education under paragraph (1);

9 and

10 (B) an evaluation of the effectiveness of the dem11 onstration grant program authorized by this section.

12 (3) Not later than January 1, 1997, the Secretary shall

13 submit to the President and Congress a final report

14 containing—

15 (A) a compilation of the information described

16 in the interim report; and

17 (B) a final evaluation of the effectiveness of the

18 demonstration grant program authorized by this sec19 tion, including a recommendation as to the feasibility

20 of continuing the program.

21 (i) DEFINITIONS.—For purposes of this section:

22 (1) BASE CLOSURE LAW.—The term ‘‘base clo23 sure law’’ means the following:

24 (A) The Defense Base Closure and Realign25 ment Act of 1990 (part A of title XXIX of Public
413

HR 2401 RH

1 Law 101–510; 104 Stat. 1808; 10 U.S.C. 2687

2 note).

3 (B) Title II of the Defense Authorization

4 Amendments and Base Closure and Realignment

5 Act (Public Law 100–526; 102 Stat. 2627; 10

6 U.S.C. 2687 note).

7 (C) Section 2687 of title 10, United States

8 Code.

9 (D) Any other similar law enacted after the

10 date of the enactment of this Act.

11 (2) ENVIRONMENTAL RESTORATION.—The term

12 ‘‘environmental restoration’’ means actions taken con13 sistent with a permanent remedy to prevent or mini14 mize the release of hazardous substances into the envi15 ronment so that such substances do not migrate to

16 cause substantial danger to present or future public

17 health or welfare or the environment.

18 (3) INSTITUTION OF HIGHER EDUCATION.—The

19 term ‘‘institution of higher education’’ has the mean20 ing given such term in section 1201(a) of the Higher

21 Education Act of 1965 (20 U.S.C. 1141(a)).

22 (4) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of Defense.

24 (j) CONFORMING REPEAL.—Section 4452 of the De25 fense Conversion, Reinvestment, and Transition Assistance
414

HR 2401 RH

1 Act of 1992 (division D of Public Law 102–484; 10 U.S.C.

2 2701 note) is repealed.

3 SEC. 1334. REVISION TO IMPROVEMENTS TO EMPLOYMENT

4 AND TRAINING ASSISTANCE FOR DIS5 LOCATED WORKERS.

6 The matter inserted by the amendment made by sec7 tion 4467(f)(1) of the Defense Conversion, Reinvestment,

8 and Transition Assistance Act of 1992 (division D of Public

9 Law 102–484; 106 Stat. 2751) is amended to read as fol10 lows:

11 ‘‘(s)(1) Notwithstanding title II of the Federal Prop12 erty and Administrative Services Act of 1949 and any other

13 provision of law, the Secretary and the Secretary of Edu14 cation shall receive priority by the Secretary of Defense for

15 the direct transfer, on a nonreimbursable basis, of the prop16 erty described in paragraph (2) for use in carrying out pro17 grams under this Act or under any other Act.

18 ‘‘(2) The property described in this paragraph is both

19 real and personal property under the control of the Depart20 ment of Defense that is not used by such Department, in21 cluding property that the Secretary of Defense determines

22 is in excess of current and projected requirements of such

23 Department.’’.
415

HR 2401 RH

1 SEC. 1335. DEMONSTRATION PROGRAM FOR THE TRAINING

2 OF RECENTLY DISCHARGED VETERANS FOR

3 EMPLOYMENT IN CONSTRUCTION AND IN

4 HAZARDOUS WASTE REMEDIATION.

5 (a) ESTABLISHMENT.—The Secretary of Defense shall

6 establish a demonstration program to promote the training

7 and employment of veterans in the construction and haz8 ardous waste remediation industries. Using funds made

9 available to carry out this section the Secretary shall make

10 grants under the demonstration program to organizations

11 that meet the eligibility criteria specified in subsection (b).

12 (b) GRANT ELIGIBILITY CRITERIA.—An organization

13 is eligible to receive a grant from the Secretary under sub14 section (a) if it—

15 (1) demonstrates, to the satisfaction of the Sec16 retary, an ability to recruit and counsel veterans for

17 participation in the demonstration program under

18 this section;

19 (2) has entered into an agreement with a joint

20 labor-management training fund established pursuant

21 to section 8(f) of the National Labor Relations Act

22 (29 U.S.C. 158(f)) to implement and operate a train23 ing and employment program for veterans;

24 (3) agrees under the agreement referred to in

25 paragraph (2) to use grant funds to carry out a pro26 gram that will provide eligible veterans with training
416

HR 2401 RH

1 for employment in the construction and hazardous

2 waste remediation industries;

3 (4) provides such training for eligible veterans

4 during a period that does not exceed 18 months;

5 (5) demonstrates actual experience in providing

6 training for veterans under an agreement referred to

7 in paragraph (2);

8 (6) agrees to make, along with all subgrantees, a

9 substantial in-kind contribution (as determined by

10 the Secretary of Defense) from non-Federal sources to

11 the demonstration program under this section; and

12 (7) gives its assurances, to the satisfaction of the

13 Secretary, that full time, permanent jobs will be

14 available for individuals successfully completing the

15 training program, with a special emphasis on jobs

16 with employers in construction and hazardous waste

17 remediation on Department of Defense facilities.

18 (c) ELIGIBLE VETERANS.—An individual is an eligi19 ble veteran for the purposes of subsection (b)(3) if the

20 individual—

21 (1)(A) served in the active military, naval, or

22 air service for a period of at least two years;

23 (B) was discharged or released from active duty

24 because of a service-connected disability; or
417

HR 2401 RH

1 (C) is entitled to compensation (or who but for

2 the receipt of military retired pay would be entitled

3 to compensation) under the laws administered by the

4 Secretary of Veterans Affairs for a disability rated at

5 30 percent or more; and

6 (2) was discharged or released on or after August

7 2, 1990, under conditions other than dishonorable.

8 (d) PREFERENCE.—In carrying out the demonstration

9 program under this section, the Secretary shall ensure that

10 a preference is given to eligible veterans whose primary or

11 secondary occupational specialty in the Armed Forces is (as

12 determined under regulations prescribed by the Secretary

13 and in effect before the date of such separation) not readily

14 transferable to the civilian work force.

15 (e) HAZARDOUS WASTE OPERATIONS TRAINING

16 GOAL.—It is the sense of Congress that at least 20 percent

17 of the total number of veterans completing training under

18 the demonstration program under this section should com19 plete the training required—

20 (1) for certification under section 126 of the

21 Superfund Amendments and Reauthorization Act of

22 1986 (29 U.S.C. 655 note), and

23 (2) under any other Federal law which requires

24 certification for employees engaged in hazardous

25 waste operations.
418

HR 2401 RH

1 (f) USE OF FUNDS.—Funds made available to carry

2 out this section may only be used for tuition and stipends

3 to cover the living and travel expenses of participants, ex4 cept that the Secretary may provide that not more than

5 a total of four percent of all the funds made available under

6 this section may be used for administrative expenses of

7 grantees and subgrantees.

8 (g) LIMITATION ON TUITION CHARGED.—The amount

9 of tuition charged with respect to veterans participating in

10 the demonstration program under this section may not ex11 ceed the amount of tuition charged to nonveterans partici12 pating in programs substantially similar to such dem13 onstration program.

14 (h) CAP ON EXPENDITURES PER PARTICIPANT.—Of

15 the funds made available to carry out this section—

16 (1) not more than $1,000 may be expended with

17 respect to each veteran participating in the construc18 tion phase of the demonstration program, and

19 (2) not more than an additional $1,000 may be

20 expended with respect to each veteran participating

21 in the hazardous waste remediation phase of the dem22 onstration program, except that the Secretary may

23 authorize an additional $300 for the training of a

24 veteran participating in such phase if the Secretary

25 determines that such additional amount is necessary
419

HR 2401 RH

1 because of the type of training needed for the particu2 lar kind of hazardous waste remediation involved.

3 (i) REPORTS.—(1) Not later than November 1, 1994,

4 the Secretary shall submit an interim report to the Congress

5 describing the manner in which the demonstration program

6 is being carried out under this section, including a detailed

7 description of the number of grants made, the number of

8 veterans involved, the kinds of training received, and any

9 job placements that have occurred or that are anticipated.

10 (2) Not later than December 31, 1995, the Secretary

11 shall submit a final report to the Congress containing a

12 description of the results of the demonstration program with

13 a detailed description of the number of grants made, the

14 number of veterans involved, the number of veterans who

15 completed the program, the number of veterans who were

16 placed in jobs, the number of veterans who failed to com17 plete the program along with the reasons for such failure,

18 and any recommendations the Secretary deems appro19 priate.

20 (j) TERMINATION.—Not later than October 1, 1994, the

21 Secretary shall obligate, in accordance with the provisions

22 of this section, the funds made available to carry out the

23 demonstration program under this section.
420

HR 2401 RH

1 SEC. 1336. SERVICE MEMBERS OCCUPATIONAL CONVER2 SION AND TRAINING.

3 (a) AUTHORIZATION FOR FISCAL YEAR 1994.—(1)

4 Section 4495(a)(1) of the Service Members Occupational

5 Conversion and Training Act of 1992 (subtitle G of title

6 XLIV of Public Law 102–484; 106 Stat. 2768) is amended

7 by inserting after the first sentence the following: ‘‘Of the

8 amounts made available pursuant to section 1302(a) of the

9 National Defense Authorization Act for Fiscal Year 1994,

10 $25,000,000 shall be made available for the purpose of mak11 ing payments to employers under this subtitle.’’.

12 (2) Section 4496 of such Act (106 Stat. 2769) is

13 amended—

14 (A) in paragraph (1), by striking ‘‘September

15 30, 1995’’ and inserting ‘‘September 30, 1996’’; and

16 (B) in paragraph (2), by striking ‘‘March 31,

17 1996’’ and inserting ‘‘March 31, 1997’’.

18 (b) PROVISION OF TRAINING THROUGH EDUCATIONAL

19 INSTITUTIONS.—Section 4489 of such Act (106 Stat. 2764)

20 is amended by inserting ‘‘or any other institution offering

21 a program of job training, as approved by the Secretary

22 of Veterans Affairs,’’ after ‘‘United States Code,’’.
421

HR 2401 RH

1 Subtitle D—Other Matters

2 SEC. 1341. ENCOURAGEMENT OF INDUSTRIAL DIVERSIFICA3 TION PLANNING FOR CERTAIN DEFENSE CON4 TRACTORS.

5 (a) DIVERSIFICATION PLANNING.—As part of each

6 major defense contract entered into by the Secretary of De7 fense, the Secretary shall encourage that the contractor pre8 pare an industrial diversification plan for the defense-relat9 ed operations of the contractor.

10 (b) REGULATIONS.—Not later than 120 days after the

11 date of the enactment of this Act, the Secretary shall pre12 scribe regulations to carry out this section. With respect to

13 major defense contracts, the regulations required by this

14 subsection shall supersede any regulations prescribed by the

15 Secretary pursuant to section 4239 of the Defense Conver16 sion, Reinvestment, and Transition Assistance Act of 1992

17 (division D of Public Law 102–484; 10 U.S.C. 2501 note).

18 (c) MAJOR DEFENSE CONTRACTOR DEFINED.—For

19 purposes of this section, the term ‘‘major defense contract’’

20 means any contract for goods or services for the Department

21 of Defense in an amount equal to or greater than

22 $5,000,000.

23 (d) APPLICATION OF PLANNING REQUIREMENTS.—

24 Subsection (a) shall apply with respect to major defense
422

HR 2401 RH

1 contract entered into by the Secretary on or after the date

2 of the enactment of this Act.

3 (e) STUDIES REGARDING DEFENSE CONVERSION MAR4 KET CREATION.—(1) To assist the defense diversification

5 planning undertaken pursuant to subsection (a), the Sec6 retary shall sponsor not more than five studies to identify

7 economic sectors and strategies that will best facilitate the

8 process of defense conversion, diversification, and reinvest9 ment. The studies shall be conducted by nongovernmental

10 entities selected pursuant to a contract with the Secretary.

11 An entity selected to conduct a study under this subsection

12 shall consult with representatives of both management and

13 employees of defense contractors participating in industrial

14 diversification planning pursuant to subsection (a).

15 (2) Not later than 180 days after the date of the enact16 ment of this Act, the Secretary shall submit to Congress a

17 report describing the results of the studies conducted pursu18 ant to this subsection.

19 SEC. 1342. ENCOURAGEMENT FOR THE PURCHASE OR

20 LEASE OF VEHICLES PRODUCING ZERO OR

21 VERY LOW EXHAUST EMISSIONS.

22 From funds authorized to be appropriated in subtitle

23 A of title I and section 301 for the purchase or lease of

24 non-tactical administrative vehicles (such as automobiles,

25 utility trucks, buses, and vans), the Secretary of Defense
423

HR 2401 RH

1 is encouraged to expend not less than 10 percent of such

2 funds for the purchase or lease of vehicles producing zero

3 or very low exhaust emissions.

4 SEC. 1343. REVISION TO REQUIREMENTS FOR NOTICE TO

5 CONTRACTORS UPON PROPOSED OR ACTUAL

6 TERMINATION OF DEFENSE PROGRAMS.

7 Section 4471 of the Defense Conversion, Reinvestment,

8 and Transition Assistance Act of 1992 (106 Stat. 2753; 10

9 U.S.C. 2501 note) is amended to read as follows:

10 ‘‘SEC. 4471. NOTICE TO CONTRACTORS AND EMPLOYEES

11 UPON PROPOSED AND ACTUAL TERMINATION

12 OR SUBSTANTIAL REDUCTION IN MAJOR DE13 FENSE PROGRAMS.

14 ‘‘(a) NOTICE REQUIREMENT AFTER SUBMISSION OF

15 PRESIDENT’S BUDGET TO CONGRESS.—Each year, in con16 junction with the preparation of the President’s budget for

17 the next fiscal year, the Secretary of Defense and the Sec18 retary of Energy shall each assess which major defense pro19 grams (if any) under their respective jurisdictions are pro20 posed to be terminated or substantially reduced under the

21 budget of the President for the next fiscal year. As soon as

22 reasonably practicable after the date on which that budget

23 is submitted to Congress pursuant to section 1105 of title

24 31, United States Code, and not more than 180 days after

25 such date, each such Secretary, in accordance with regula-
424

HR 2401 RH

1 tions prescribed by that Secretary, shall provide notice of

2 the proposed termination of, or substantial reduction in,

3 each such program—

4 ‘‘(1) directly to each prime contractor under that

5 program; and

6 ‘‘(2) by general notice through publication in the

7 Federal Register.

8 ‘‘(b) NOTICE REQUIREMENT AFTER ENACTMENT OF

9 APPROPRIATIONS ACT.—

10 ‘‘(1) DEPARTMENT OF DEFENSE.—As soon as

11 reasonably practicable after the enactment of an Act

12 appropriating funds for the military functions of the

13 Department of Defense, and not more than 180 days

14 after such date, the Secretary of Defense, in accord15 ance with regulations prescribed by the Secretary—

16 ‘‘(A) shall determine which major defense

17 programs (if any) of the Department of Defense

18 that were not previously identified under sub19 section (a) are likely to be terminated or sub20 stantially reduced as a result of the funding lev21 els provided in that Act; and

22 ‘‘(B) shall provide notice of the anticipated

23 termination of, or substantial reduction in, that

24 program—
425

HR 2401 RH

1 ‘‘(i) directly to each prime contractor

2 under that program;

3 ‘‘(ii) directly to the Secretary of Labor;

4 and

5 ‘‘(iii) by general notice through publi6 cation in the Federal Register.

7 ‘‘(2) DEPARTMENT OF ENERGY.—As soon as rea8 sonably practicable after the enactment of an Act ap9 propriating funds for national defense programs of

10 the Department of Energy, and not more than 180

11 days after such date, the Secretary of Energy, in ac12 cordance with regulations prescribed by the

13 Secretary—

14 ‘‘(A) shall determine which major defense

15 programs (if any) of the Department of Energy

16 that were not previously identified under sub17 section (a) are likely to be terminated or sub18 stantially reduced as a result of the funding lev19 els provided in that Act; and

20 ‘‘(B) shall provide notice of the anticipated

21 termination of, or substantial reduction in, that

22 program—

23 ‘‘(i) directly to each prime contractor

24 under that program;
426

HR 2401 RH

1 ‘‘(ii) directly to the Secretary of Labor;

2 and

3 ‘‘(iii) by general notice through publi4 cation in the Federal Register.

5 ‘‘(c) NOTICE TO SUBCONTRACTORS.—As soon as rea6 sonably practicable after the date on which the prime con7 tractor for a major defense program receives notice under

8 subsection (a) or (b) of the termination of, or substantial

9 reduction in, that program, and not more than 45 days

10 after such date, the prime contractor shall—

11 ‘‘(1) provide notice of that termination or sub12 stantial reduction to each person that is a first-tier

13 subcontractor under a contract in an amount not less

14 than $500,000 for the program; and

15 ‘‘(2) require that each such subcontractor (A)

16 provide such notice to each of its subcontractors in an

17 amount in excess of $100,000 under the contract, and

18 (B) impose a similar notice and pass through require19 ment to subcontractors in an amount in excess of

20 $100,000 at all tiers.

21 ‘‘(d) SIX-MONTH CONTRACTOR NOTICE TO EMPLOY22 EES AND LOCAL GOVERNMENT BEFORE LAYOFFS.—A

23 prime contractor receiving notice under subsection (a) or

24 (b) or a subcontractor receiving notice under subsection (c)

25 relating to a major defense program may not terminate the
427

HR 2401 RH

1 employment of an individual as a result of the actual termi2 nation or substantial reduction of that program until six

3 months after the date on which the contractor or subcontrac4 tor provides notice in writing of such contractor or sub5 contractor’s intent to terminate the employment of such

6 individual—

7 ‘‘(1) to that employee and, if there is a labor rep8 resentative of that employee, to that labor representa9 tive;

10 ‘‘(2) to the State dislocated worker unit or office

11 described in section 311(b)(2) of the Job Training

12 Partnership Act (29 U.S.C. 1661(b)(2)) for the State

13 within which that individual resides; and

14 ‘‘(3) to the chief elected official of the unit of gen15 eral local government within which that individual

16 resides.

17 ‘‘(e) CONSTRUCTIVE NOTICE.—The notice of termi18 nation of, or substantial reduction in, a major defense pro19 gram provided under subsection (d)(1) to an employee of

20 a contractor or subcontractor shall have the same effect as

21 a notice of termination to such employee for the purposes

22 of determining whether such employee is eligible for train23 ing, adjustment assistance, and employment services under

24 section 325 or 325A of the Job Training Partnership Act,

25 except where the employer has specified that the termi-
428

HR 2401 RH

1 nation of, or reduction in, the program is not likely to result

2 in plant closure or mass layoff. Any employee considered

3 to have received such notice under the preceding sentence

4 shall only be eligible to receive services under section 314(b)

5 of such Act and under paragraphs (1) through (14), (16),

6 and (18) of section 314(c) of such Act.

7 ‘‘(f) WITHDRAWAL OF NOTIFICATION UPON SUFFI8 CIENT FUNDING FOR PROGRAM TO CONTINUE.—

9 ‘‘(1) NOTICE TO PRIME CONTRACTOR.—In any

10 case in which—

11 ‘‘(A) the Secretary of Defense or Secretary

12 of Energy has provided a notification under sub13 section (a) with respect to a major defense pro14 gram based upon the budget of the President for

15 any fiscal year; and

16 ‘‘(B) that Secretary determines, upon enact17 ment of an Act appropriating funds for the mili18 tary functions of the Department of Defense or

19 for national defense programs of the Department

20 of Energy for that fiscal year, as the case may

21 be, that due to a sufficient level of funding for

22 the program having been provided in that Act

23 there will not be a termination of, or substantial

24 reduction in, that program,
429

HR 2401 RH

1 that Secretary shall provide notice of withdrawal of

2 the notification provided under subsection (a) to each

3 prime contractor that received that notice under sub4 section (a). Any such notice of withdrawal shall be

5 provided as soon as reasonably practicable after the

6 date of the enactment of the appropriations Act con7 cerned. In any such case, the Secretary shall at the

8 same time provide general notice of such withdrawal

9 by publication in the Federal Register.

10 ‘‘(2) NOTICE TO SUBCONTRACTORS.—As soon as

11 reasonably practicable after the date on which the

12 prime contractor for a major defense program receives

13 notice under paragraph (1) of the withdrawal of a

14 notification previously provided to the contractor

15 under subsection (a), and not more than 45 days after

16 that date, the prime contractor shall provide notice of

17 such withdrawal to each person that is a first-tier

18 subcontractor under a contract in an amount not less

19 than $500,000 for the program and shall require that

20 each such subcontractor provide such notice to each

21 subcontractor in an amount not less than $100,000 at

22 any tier in a contract.

23 ‘‘(3) NOTICE TO EMPLOYEES.—As soon as rea24 sonably practicable after the date on which a prime

25 contractor receives notice of withdrawal under para-
430

HR 2401 RH

1 graph (1) or a subcontractor receives such notice

2 under paragraph (2), and not more than two weeks

3 after that date, the contractor or subcontractor shall

4 provide notice of such withdrawal—

5 ‘‘(A) to each representative of employees

6 whose work is directly related to the defense con7 tract under the program and who are employed

8 by the contractor or subcontractor or, if there is

9 no such representative at that time, each such

10 employee;

11 ‘‘(B) to the State dislocated worker unit or

12 office described in section 311(b)(2) of the Job

13 Training Partnership Act (29 U.S.C. 1661(b)(2))

14 and the chief elected official of the unit of general

15 local government within which the adverse effect

16 may occur; and

17 ‘‘(C) to each grantee under section 325(a) or

18 325A(a) of the Job Training Partnership Act

19 providing training, adjustment assistance, and

20 employment services to an employee described in

21 this paragraph.

22 ‘‘(4) LOSS OF ELIGIBILITY.—An employee who

23 receives notice of withdrawal under paragraph (2)

24 shall not be eligible for training, adjustment assist25 ance, and employment services under section 325 or
431

HR 2401 RH

1 325A of the Job Training Partnership Act beginning

2 on the date on which the employee receives the notice.

3 ‘‘(g) TERMINATION AND OTHER REMEDIES FOR FAIL4 URE TO GIVE REQUIRED NOTICE.—A contractor that will5 fully fails to provide notice as required by any provision

6 of this section may be subject to termination for default of

7 the instant contract, suspension, or debarment, or other

8 remedies as determined by the Secretary of Defense or Sec9 retary of Energy, as appropriate.

10 ‘‘(h) DEFINITIONS.—For purposes of this section:

11 ‘‘(1) MAJOR DEFENSE PROGRAM.—The term

12 ‘major defense program’ means—

13 ‘‘(A) in the case of the Department of De14 fense, a program that is carried out to produce

15 or acquire a major system (as defined in section

16 2302(5) of title 10, United States Code); and

17 ‘‘(B) in the case of the Department of En18 ergy, a program that meets the dollar threshold

19 criteria for treatment of a Department of Defense

20 program as a major system.

21 ‘‘(2) SUBSTANTIAL REDUCTION.—The term ‘sub22 stantial reduction’, with respect to a major defense

23 program, means a reduction of 25 percent or more in

24 the total dollar value of contracts under the pro25 gram.’’.
432

HR 2401 RH

1 Subtitle E—National Shipbuilding

2 Initiative

3 SEC. 1351. SHORT TITLE.

4 This subtitle may be cited as the ‘‘National Shipbuild5 ing and Shipyard Conversion Act of 1993’’.

6 SEC. 1352. NATIONAL SHIPBUILDING INITIATIVE.

7 (a) ESTABLISHMENT OF PROGRAM.—There shall be a

8 National Shipbuilding Initiative program, to be carried out

9 to support the industrial base for national security objec10 tives by assisting in the reestablishment of the United States

11 shipbuilding industry as a self-sufficient, internationally

12 competitive industry.

13 (b) ADMINISTERING DEPARTMENTS.—The program

14 shall be carried out—

15 (1) by the Secretary of Defense, with respect to

16 programs under the jurisdiction of the Secretary of

17 Defense; and

18 (2) by the Secretary of Transportation, with re19 spect to programs under the jurisdiction of the Sec20 retary of Transportation.

21 (c) PROGRAM ELEMENTS.—The National Shipbuild22 ing Initiative shall consist of the following program ele23 ments:

24 (1) FINANCIAL INCENTIVES PROGRAM.—A finan25 cial incentives program to provide loan guarantees to
433

HR 2401 RH

1 initiate commercial ship construction for domestic

2 and export sales, encourage shipyard modernization,

3 and support increased productivity, as provided in

4 title XI of the Merchant Marine Act, 1936 (as amend5 ed by this subtitle).

6 (2) TECHNOLOGY DEVELOPMENT PROGRAM.—A

7 technology development program, to be carried out

8 within the Department of Defense by the Advanced

9 Research Projects Agency, to improve the technology

10 base for advanced shipbuilding technologies and relat11 ed dual-use technologies through activities including a

12 development program for innovative commercial ship

13 design and production processes and technologies.

14 (3) NAVY’S AFFORDABILITY THROUGH COM15 MONALITY PROGRAM.—Enhanced support by the Sec16 retary of Defense for the shipbuilding program of the

17 Department of the Navy known as the Affordability

18 Through Commonality (ATC) program, to include en19 hanced support (A) for the development of common

20 modules for military and commercial ships, and (B)

21 to foster civil-military integration into the next gen22 eration of Naval surface combatants.

23 (4) NAVY’S MANUFACTURING TECHNOLOGY AND

24 TECHNOLOGY BASE PROGRAMS.—Enhanced support

25 by the Secretary of Defense for, and strengthened
434

HR 2401 RH

1 funding for, that portion of the Manufacturing Tech2 nology program of the Navy, and that portion of the

3 Technology Base program of the Navy, that are in the

4 areas of shipbuilding technologies and ship repair

5 technologies.

6 SEC. 1353. DEPARTMENT OF DEFENSE PROGRAM MANAGE7 MENT THROUGH ADVANCED RESEARCH

8 PROJECTS AGENCY.

9 The Secretary of Defense shall designate the Advanced

10 Research Projects Agency of the Department of Defense as

11 the lead agency of the Department of Defense for activities

12 of the Department of Defense which are part of the National

13 Shipbuilding Initiative program. Those activities shall be

14 carried out as part of defense conversion activities of the

15 Department of Defense.

16 SEC. 1354. ADVANCED RESEARCH PROJECTS AGENCY FUNC17 TIONS.

18 The Secretary of Defense, acting through the Director

19 of the Advanced Research Projects Agency, shall carry out

20 the following functions with respect to the National Ship21 building Initiative program:

22 (1) Consultation with the Maritime Administra23 tion, the Office of Economic Adjustment, the National

24 Economic Council, the National Shipbuilding Re25 search Project, the Coast Guard, the National Oceanic
435

HR 2401 RH

1 and Atmospheric Administration, appropriate naval

2 commands and activities, and other appropriate Fed3 eral agencies on—

4 (A) development and transfer to the private

5 sector of dual-use shipbuilding technologies, ship

6 repair technologies, and shipbuilding manage7 ment technologies;

8 (B) assessments of potential markets for

9 maritime products; and

10 (C) recommendation of industrial entities,

11 partnerships, joint ventures, or consortia for

12 short- and long-term manufacturing technology

13 investment strategies.

14 (2) Funding and program management activi15 ties to develop innovative design and production proc16 esses and the technologies required to implement those

17 processes.

18 (3) Facilitation of industry and Government

19 technology development and technology transfer ac20 tivities (including education and training, market as21 sessments, simulations, hardware models and proto22 types, and national and regional industrial base

23 studies).

24 (4) Integration of promising technology advances

25 made in the Technology Reinvestment Program of the
436

HR 2401 RH

1 Advanced Research Projects Agency into the National

2 Shipbuilding Initiative to effect full defense conver3 sion potential.

4 SEC. 1355. ELIGIBLE SHIPYARDS.

5 To be eligible to receive any assistance or otherwise

6 to participate in any program carried out under the Na7 tional Shipbuilding Initiative, a shipyard must be a pri8 vate shipyard located in the United States.

9 SEC. 1356. LOAN GUARANTEES FOR EXPORT VESSELS.

10 Title XI of the Merchant Marine Act, 1936 (46 App.

11 U.S.C. 1271 et seq.) is amended as follows:

12 (1) ELIGIBLE EXPORT VESSEL DEFINED.—Sec13 tion 1101 is amended by adding at the end the follow14 ing new subsection:

15 ‘‘(o) The term ‘eligible export vessel’ means a vessel

16 constructed, reconstructed, or reconditioned in the United

17 States for use in world-wide trade which will, upon delivery

18 or redelivery, be placed under or continued to be docu19 mented under the laws of a country other than the United

20 States.’’.

21 (2) LIMITATIONS ON GUARANTEE OBLIGA22 TIONS.—Section 1103 is amended—

23 (A) by amending the first sentence of sub24 section (f) to read as follows: ‘‘The aggregate un25 paid principal amount of the obligations guar-
437

HR 2401 RH

1 anteed under this section and outstanding at

2 any one time shall not exceed $12,000,000,000, of

3 which (1) $850,000,000 shall be limited to obli4 gations pertaining to guarantees of obligations

5 for fishing vessels and fishery facilities made

6 under this title, and (2) $3,000,000,000 shall be

7 limited to obligations pertaining to guarantees of

8 obligations for eligible export vessels.’’; and

9 (B) by adding at the end the following new

10 subsection:

11 ‘‘(g)(1) The Secretary may not issue a commitment to

12 guarantee obligations for an eligible export vessel unless,

13 after considering—

14 ‘‘(A) the status of pending applications for com15 mitments to guarantee obligations for vessels docu16 mented under the laws of the United States and oper17 ating or to be operated in the domestic or foreign

18 commerce of the United States,

19 ‘‘(B) the economic soundness of the applications

20 referred to in subparagraph (A), and

21 ‘‘(C) the amount of guarantee authority avail22 able,

23 the Secretary determines, in the sole discretion of the Sec24 retary, that the issuance of a commitment to guarantee obli25 gations for an eligible export vessel will not result in the
438

HR 2401 RH

1 denial of an economically sound application to issue a com2 mitment to guarantee obligations for vessels documented

3 under the laws of the United States operating in the domes4 tic or foreign commerce of the United States.

5 ‘‘(2) The Secretary may not issue commitments to

6 guarantee obligations for eligible export vessels under this

7 section after the later of—

8 ‘‘(A) the 5th anniversary of the date on which

9 the Secretary publishes final regulations setting forth

10 the application procedures for the issuance of commit11 ments to guarantee obligations for eligible export ves12 sels,

13 ‘‘(B) the last day of any 5-year period in which

14 funding and guarantee authority for obligations for

15 eligible export vessels have been continuously avail16 able, or

17 ‘‘(C) the last date on which those commitments

18 may be issued under any treaty, convention, or other

19 international agreement entered into after the date of

20 the enactment of the Shipbuilding Conversion Act of

21 1993 that prohibits guarantee of those obligations.’’.

22 (3) AUTHORITY TO GUARANTEE OBLIGATIONS

23 FOR ELIGIBLE EXPORT VESSELS.—Section 1104A is

24 amended—
439

HR 2401 RH

1 (A) by amending so much of subsection

2 (a)(1) as precedes the proviso to read as follows:

3 ‘‘(1) financing, including reimbursement of an

4 obligor for expenditures previously made for, con5 struction, reconstruction, or reconditioning of a vessel

6 (including an eligible export vessel), which is designed

7 principally for research, or for commercial use (A) in

8 the coastwise or intercoastal trade; (B) on the Great

9 Lakes, or on bays, sounds, rivers, harbors, or inland

10 lakes of the United States; (C) in foreign trade as de11 fined in section 905 of this Act for purposes of title

12 V of this Act; or (D) as an ocean thermal energy con13 version facility or plantship; (E) with respect to float14 ing drydocks in the construction, reconstruction, re15 conditioning, or repair of vessels; or (F) with respect

16 to an eligible export vessel, in world-wide trade;’’;

17 (B) by amending subsection (b)(2)—

18 (i) by striking ‘‘subject to the provi19 sions of paragraph (1) of subsection (c) of

20 this section,’’ and inserting ‘‘subject to the

21 provisions of subsection (c)(1) and sub22 section (i),’’, and

23 (ii) by inserting before the semicolon at

24 the end the following: ‘‘: Provided, further

25 That in the case of an eligible export vessel,
440

HR 2401 RH

1 such obligations may be in an aggregate

2 principal amount which does not exceed

871 3 ⁄2 of the actual cost or depreciated actual

4 cost of the eligible export vessel’’;

5 (C) by amending subsection (b)(6) by in6 serting after ‘‘United States Coast Guard’’ the

7 following: ‘‘or, in the case of an eligible export

8 vessel, of the appropriate national flag authori9 ties under a treaty, convention, or other inter10 national agreement to which the United States is

11 a party’’;

12 (D) in subsection (d), by adding at the end

13 the following new paragraph:

14 ‘‘(3) No commitment to guarantee, or guarantee

15 of an obligation may be made by the Secretary under

16 this title for the construction, reconstruction or recon17 ditioning of an eligible export vessel unless—

18 ‘‘(A) the Secretary finds that the construc19 tion, reconstruction, or reconditioning of such el20 igible export vessel will aid in the transition of

21 United States shipyards to commercial activities

22 or will preserve shipbuilding assets that would be

23 essential in time of war or national emergency,

24 and
441

HR 2401 RH

1 ‘‘(B) the owner of the eligible export vessel

2 agrees with the Secretary that the vessel shall not

3 be transferred to any country designated by the

4 Secretary as a country whose interests are hostile

5 to the interests of the United States.’’; and

6 (E) by adding at the end the following new

7 subsection:

8 ‘‘(i) The Secretary may not, with respect to—

9 ‘‘(1) the general 75 percent or less limitation in

10 subsection (b)(2);

‘‘(2) the 871 11 ⁄2 percent or less limitation in the

12 1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or

13 section 1111(b); or

14 ‘‘(3) the 80 percent or less limitation in the 3rd

15 proviso to such subsection;

16 establish by rule, regulation, or procedure any percentage

17 within any such limitation that is, or is intended to be,

18 applied uniformly to all guarantees or commitments to

19 guarantee made under this section that are subject to the

20 limitation.’’.

21 (4) LIMITATION ON AUTHORITY TO ESTABLISH

22 UNIFORM PERCENTAGE LIMITATION.—Section 1104B

23 is amended by adding at the end of subsection (b) the

24 following flush sentence:
442

HR 2401 RH

1 ‘‘The Secretary may not by rule, regulation, or procedure

establish any percentage within the 871 2 ⁄2 percent or less

3 limitation in paragraph (2) that is, or is intended to be,

4 applied uniformly to all guarantees or commitments to

5 guarantee made under this section.’’.

6 (5) CONFORMING AMENDMENT.—Section 1103(a)

7 is amended in the first sentence by striking ‘‘, upon

8 application by a citizen of the United States,’’.

9 SEC. 1357. LOAN GUARANTEES FOR SHIPYARD MODERNIZA10 TION AND IMPROVEMENT.

11 (a) IN GENERAL.—Title XI of the Merchant Marine

12 Act, 1936, is further amended by adding at the end the fol13 lowing new section:

14 ‘‘SEC. 1111. (a) The Secretary, under section 1103(a)

15 and subject to the terms the Secretary shall prescribe, may

16 guarantee or make a commitment to guarantee the payment

17 of the principal of, and the interest on, an obligation for

18 advanced shipbuilding technology and modern shipbuilding

19 technology of a general shipyard facility located in the

20 United States.

21 ‘‘(b) Guarantees or commitments to guarantee under

22 this section are subject to the extent applicable to all the

23 laws requirements, regulations, and procedures that apply

24 to guarantees or commitments to guarantee made under this

25 title, except that guarantees or commitments to guarantee
443

HR 2401 RH

1 made under this section may be in the aggregate principal

amount that does not exceed 871 2 ⁄2 percent of the actual cost

3 of the advanced shipbuilding technology or modern ship4 building technology.

5 ‘‘(c) The Secretary may accept the transfer of funds

6 from any other department, agency, or instrumentality of

7 the United States Government and may use those funds to

8 cover the cost (as defined in section 502 of the Federal Cred9 it Reform Act of 1990) of making guarantees or commit10 ments to guarantee loans entered into under this section.

11 ‘‘(d) For purposes of this section:

12 ‘‘(1) The term ‘advanced shipbuilding technology’

13 includes—

14 ‘‘(A) numerically controlled machine tools,

15 robots, automated process control equipment,

16 computerized flexible manufacturing systems, as17 sociated computer software, and other technology

18 for improving shipbuilding and related indus19 trial production which advance the state-of-the20 art; and

21 ‘‘(B) novel techniques and processes de22 signed to improve shipbuilding quality, produc23 tivity, and practice, and to promote sustainable

24 development, including engineering design, qual25 ity assurance, concurrent engineering, continu-
444

HR 2401 RH

1 ous process production technology, energy effi2 ciency, waste minimization, design for

3 recyclability or parts reuse, inventory manage4 ment, upgraded worker skills, and communica5 tions with customers and suppliers.

6 ‘‘(2) The term ‘modern shipbuilding technology’

7 means the best available proven technology, tech8 niques, and processes appropriate to enhancing the

9 productivity of shipyards.

10 ‘‘(3) The term ‘general shipyard facility’

11 means—

12 ‘‘(A) for operations on land—

13 ‘‘(i) any structure or appurtenance

14 thereto designed for the construction, repair,

15 rehabilitation, refurbishment or rebuilding

16 of any vessel (as defined in title 1, United

17 States Code) and including graving docks,

18 building ways, ship lifts, wharves, and pier

19 cranes;

20 ‘‘(ii) the land necessary for any struc21 ture or appurtenance described in clause

22 (i); and

23 ‘‘(iii) equipment that is for the use in

24 connection with any structure or appur25 tenance and that is necessary for the per-
445

HR 2401 RH

1 formance of any function referred to in sub2 paragraph (A);

3 ‘‘(B) for operations other than on land, any

4 vessel, floating drydock or barge built in the

5 United States and used for, equipped to be used

6 for, or of a type that is normally used for activi7 ties referred to in subparagraph (A)(i) of this

8 paragraph.’’.

9 (b) CONFORMING AMENDMENT.—Section 1101(n) of

10 that Act (46 App. U.S.C. 1271(n)) is amended by striking

11 ‘‘vessels.’’ and inserting ‘‘vessels and general shipyard fa12 cilities (as defined in section 1111(d)(3)).’’.

13 SEC. 1358. FUNDING FOR CERTAIN LOAN GUARANTEE COM14 MITMENTS FOR FISCAL YEAR 1994.

15 (a) FUNDING.—Amounts appropriated to the Sec16 retary of Defense pursuant to the authorization of appro17 priations in section 109 shall be available only for transfer

18 to the Secretary of Transportation. Of such amounts—

19 (1) $175,000,000 shall be available only for costs

20 (as defined in section 502 of the Federal Credit Re21 form Act of 1990 (2 U.S.C. 661a)) of new loan guar22 antee commitments under section 1104A(a)(1) of the

23 Merchant Marine Act, 1936 (46 App. U.S.C.

24 1274(a)(1)), as amended by section 1356, for vessels

25 of at least 10,000 gross tons that are commercially
446

HR 2401 RH

1 marketable on the international market (including el2 igible export vessels); and

3 (2) $25,000,000 shall be available only for costs

4 (as defined in section 502 of the Federal Credit Re5 form Act of 1990) of new loan guarantee commit6 ments under section 1111 of the Merchant Marine

7 Act, 1936, as added by section 1357.

8 (b) TRANSFER TO SECRETARY OF TRANSPORTATION.—

9 Subject to the provisions of appropriations Acts, amounts

10 made available under subsection (a) shall be transferred to

11 the Secretary of Transportation for use as described in that

12 subsection. Any such transfer shall be made not later than

13 90 days after the date of the enactment of an Act appro14 priating the funds to be transferred.

15 SEC. 1359. AUTHORIZATIONS OF APPROPRIATIONS.

16 (a) AUTHORIZATIONS FOR DEPARTMENT OF TRANS17 PORTATION.—There is authorized to be appropriated to the

18 Secretary of Transportation for fiscal year 1994 the sum

19 of $10,000,000 to pay administrative costs related to new

20 loan guarantee commitments described in subsection (a) of

21 section 1358, of which—

22 (1) $8,000,000 shall be for administrative costs

23 related to new loan guarantee commitments described

24 in paragraph (1) of that subsection; and
447

HR 2401 RH

1 (2) $2,000,000 shall be for administrative costs

2 related to new loan guarantee commitments described

3 in paragraph (2) of that subsection.

4 (b) AVAILABILITY OF AMOUNTS.—Amounts appro5 priated under the authority of this section shall remain

6 available until expended.

7 TITLE XIV—NATIONAL COMMIS8 SION ON ROLES AND MIS9 SIONS OF THE ARMED

10 FORCES

11 SEC. 1401. SHORT TITLE.

12 This title may be cited as the ‘‘National Commission

13 on Roles and Missions of the Armed Forces Act’’.

14 SEC. 1402. FINDINGS.

15 Congress makes the following findings:

16 (1) The current allocation of roles and missions

17 among the Armed Forces evolved from the practice

18 during World War II to meet the Cold War threat

19 and may no longer be appropriate for the post-Cold

20 War era.

21 (2) Many analysts believe that a realignment of

22 those roles and mission is essential for the efficiency

23 and effectiveness of the Armed Forces, particularly in

24 light of lower budgetary resources that will be avail25 able to the Department of Defense in the future.
448

HR 2401 RH

1 (3) The existing process of a triennial review of

2 roles and missions by the Chairman of the Joint

3 Chiefs of Staff pursuant to provisions of law enacted

4 by the Goldwater-Nichols Department of Defense Re5 authorization Act of 1986 has not produced the com6 prehensive review envisioned by Congress.

7 (4) It is difficult for any organization, and may

8 be particularly difficult for the Department of De9 fense, to reform itself without the benefit and author10 ity provided by external perspectives and analysis.

11 SEC. 1403. ESTABLISHMENT OF COMMISSION.

12 (a) ESTABLISHMENT.—There is hereby established in

13 the executive branch of the Government a commission to be

14 known as the National Commission on Roles and Missions

15 of the Armed Forces (hereinafter in this title referred to as

16 the ‘‘Commission’’).

17 (b) COMPOSITION AND QUALIFICATIONS.—

18 (1) The Commission shall be composed of seven

19 members. Members of the Commission shall be ap20 pointed by the President.

21 (2) The Commission shall be appointed from

22 among private United States citizens with appro23 priate and diverse military, organizational, and

24 management experiences and historical perspectives.
449

HR 2401 RH

1 (3) The President shall designate one of the

2 members as chairman of the Commission.

3 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members

4 shall be appointed for the life of the Commission. Any va5 cancy in the Commission shall not affect its powers, but

6 shall be filled in the same manner as the original appoint7 ment.

8 (d) INITIAL ORGANIZATIONAL REQUIREMENTS.—

9 (1) The President shall make all appointments to

10 the Commission within 45 days after the date of the

11 enactment of this Act.

12 (2) The Commission shall convene its first meet13 ing within 30 days after the first date on which all

14 members of the Commission have been appointed. At

15 that meeting, the Commission shall develop an agenda

16 and a schedule for carrying out its duties.

17 SEC. 1404. DUTIES OF COMMISSION.

18 (a) IN GENERAL.—Over the period of fiscal years 1994

19 through 1998, the Commission shall—

20 (1) review the efficacy and appropriateness for

21 the post-Cold War era of the current allocations

22 among the Armed Forces of roles, missions, and func23 tions;

24 (2) evaluate and report on alternative assign25 ments of those roles, missions and functions; and
450

HR 2401 RH

1 (3) make recommendations for changes in the

2 current definition and distribution of those roles,

3 functions, and missions.

4 (b) REVIEW OF POTENTIAL MILITARY OPERATIONS.—

5 The Commission shall review the types of military oper6 ations that may be required in the post-Cold War era, tak7 ing into account the requirements for success in various

8 types of operations. As part of such review, the Commission

9 shall take into consideration the official strategic planning

10 of the Department of Defense. The types of operations to

11 be considered by the Commission as part of such review

12 shall include the following:

13 (1) Defense of the United States.

14 (2) Warfare against other national military

15 forces.

16 (3) Limited military action for political effect.

17 (4) Action against nuclear, chemical, and bio18 logical weapons capabilities in hostile hands.

19 (5) Support of law enforcement.

20 (6) Other types of operations as specified by the

21 chairman of the Commission.

22 (c) DEFINITION OF BROAD MISSION AREAS AND KEY

23 SUPPORT REQUIREMENTS.—As a result of the review under

24 subsection (b), the Commission shall define broad mission
451

HR 2401 RH

1 areas and key support requirements for the United States

2 military establishment as a whole.

3 (d) DEVELOPMENT OF CONCEPTUAL FRAMEWORK FOR

4 ORGANIZATIONAL ALLOCATIONS.—The Commission shall

5 determine a conceptual framework for the review of the or6 ganizational allocation among the Armed Forces of mili7 tary roles, missions, and functions. In developing that

8 framework, the Commission shall consider—

9 (1) static efficiency (such as duplicative overhead

10 and economies of scale);

11 (2) dynamic effectiveness (including the benefits

12 of competition and the effect on innovation);

13 (3) interoperability, responsiveness, and other as14 pects of military effectiveness in the field;

15 (4) gaps in mission coverage and so-called or16 phan missions that are inadequately served by exist17 ing organizational entities;

18 (5) division of responsibility on the battlefield;

19 (6) exploitation of new technology and oper20 ational concepts;

21 (7) civilian control of the military;

22 (8) the degree of disruption that a change in

23 roles and missions would entail; and

24 (9) the experience of other nations.
452

HR 2401 RH

1 The Commission shall evaluate the costs and benefits of uni2 fying the Armed Forces into a single military service as

3 a baseline for assessing the maximum benefits that may be

4 achieved from less sweeping reforms.

5 (e) RECOMMENDATIONS CONCERNING MILITARY

6 ROLES AND MISSIONS.—Using the conceptual framework

7 developed under subsection (d) to evaluate possible changes

8 to the existing allocation among the Armed Forces of mili9 tary roles, missions, and functions, the Commission shall

10 recommend (1) the functions for which each military de11 partment should organize, train, and equip forces, (2) the

12 missions of combatant commands, and (3) the roles that

13 Congress should assign to the various military elements of

14 the Department of Defense.

15 (f) RECOMMENDATIONS CONCERNING CIVILIAN ELE16 MENTS OF DEPARTMENT OF DEFENSE.—The Commission

17 may address the roles, missions, and functions of civilian

18 portions of the Department of Defense and other national

19 security agencies to the extent that changes in these areas

20 are collateral to changes considered in military roles, func21 tions, and mission.

22 (g) RECOMMENDATIONS CONCERNING PROCESS FOR

23 FUTURE CHANGES.—The Commission shall also rec24 ommend a process for maintaining roles, missions, and
453

HR 2401 RH

1 functions in congruence with the strategic environment as

2 it changes in the future.

3 SEC. 1405. REPORTS.

4 (a) IMPLEMENTATION PLAN.—Not later than three

5 months after the date on which the Commission is estab6 lished, the Commission shall transmit to the Committees on

7 Armed Services of the Senate and House of Representatives

8 a report setting forth a multiyear plan for the work of the

9 Commission, including the subjects to be addressed in the

10 program of the Commission for each year of its existence.

11 The plan shall be developed following discussions with the

12 Secretary of Defense, the Chairman of the Joint Chiefs of

13 Staff, and the chairmen of those committees.

14 (b) ANNUAL REPORT.—The Commission shall, not

15 later than March 1 of each year from 1995 through 1999,

16 submit to the committees named in subsection (a) a report

17 setting forth the activities of the Commission during the

18 preceding year and any recommendations for legislation

19 that the Commission considers advisable. The Commission

20 shall submit a preliminary version of each such annual re21 port to the Secretary of Defense and Chairman of the Joint

22 Chiefs of Staff not later than December 25 of the preceding

23 year, and the Secretary and Chairman shall submit com24 ments thereon to the Commission not later than the follow25 ing February 1.
454

HR 2401 RH

1 (c) ASSESSMENT OF IMPLEMENTATION.—In each re2 port under subsection (b) after the first, the Commission

3 shall include its assessment of the performance of the De4 partment of Defense to that date in carrying out any rec5 ommendations made by the Commission in any previous

6 reports under this section.

7 (d) COORDINATION WITH TRIENNIAL JCS ROLES AND

8 MISSIONS REPORT.—Any report of the Chairman of the

9 Joint Chiefs of Staff under section 153(b) of title 10, United

10 States Code, that is submitted to the Secretary of Defense

11 during the period of the existence of the Commission shall

12 also be submitted to the Commission. In its next report

13 under subsection (b) after receiving any such report of the

14 Chairman of the Joint Chiefs of Staff, the Commission shall

15 provide its assessment of the Chairman’s report.

16 SEC. 1406. POWERS.

17 (a) HEARINGS.—The Commission or, at its direction,

18 any panel or member of the Commission, may, for the pur19 pose of carrying out the provisions of this title, hold hear20 ings, sit and act at times and places, take testimony, receive

21 evidence, and administer oaths to the extent that the Com22 mission or any panel or member considers advisable.

23 (b) INFORMATION.—The Commission may secure di24 rectly from the Department of Defense and any other Fed25 eral department or agency any information that the Com-
455

HR 2401 RH

1 mission considers necessary to enable the Commission to

2 carry out its responsibilities under this subpart. Upon re3 quest of the chairman of the Commission, the head of such

4 department or agency shall furnish such information expe5 ditiously to the Commission.

6 SEC. 1407. COMMISSION PROCEDURES.

7 (a) MEETINGS.—The Commission shall meet at the

8 call of the chairman.

9 (b) QUORUM.—

10 (1) Four members of the Commission shall con11 stitute a quorum, but a lesser number of members

12 may hold hearings.

13 (2) The Commission shall act by resolution

14 agreed to by a majority of the members of the Com15 mission.

16 (c) PANELS.—The Commission may establish panels

17 composed of less than the full membership of the Commis18 sion for the purpose of carrying out the Commission’s du19 ties. The actions of each such panel shall be subject to the

20 review and control of the Commission. Any findings and

21 determinations made by such a panel shall not be consid22 ered the findings and determinations of the Commission un23 less approved by the Commission.

24 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS25 SION.—Any member or agent of the Commission may, if
456

HR 2401 RH

1 authorized by the Commission, take any action which the

2 Commission is authorized to take under this title.

3 SEC. 1408. PERSONNEL MATTERS.

4 (a) PAY OF MEMBERS.—Each member of the Commis5 sion shall be paid at a rate equal to the daily equivalent

6 of the annual rate of basic pay payable for level V of the

7 Executive Schedule under section 5316 of title 5, United

8 States Code, for each day (including travel time) during

9 which the member is engaged in the performance of the du10 ties of the Commission. All members of the Commission who

11 are officers or employees of the United States shall serve

12 without pay in addition to that received for their services

13 as officers or employees of the United States.

14 (b) TRAVEL EXPENSES.—The members of the Commis15 sion shall be allowed travel expenses, including per diem

16 in lieu of subsistence, at rates authorized for employees of

17 agencies under subchapter I of chapter 57 of title 5, United

18 States Code, while away from their homes or regular places

19 of business in the performance of services for the Commis20 sion.

21 (c) STAFF.—(1) The chairman of the Commission

22 may, without regard to the provisions of title 5, United

23 States Code, governing appointments in the competitive

24 service, appoint a staff director and such additional person25 nel as may be necessary to enable the Commission to per-
457

HR 2401 RH

1 form its duties. The appointment of a staff director shall

2 be subject to the approval of the Commission.

3 (2) The chairman of the Commission may fix the pay

4 of the staff director and other personnel without regard to

5 the provisions of chapter 51 and subchapter III of chapter

6 53 of title 5, United States Code, relating to classification

7 of positions and General Schedule pay rates, except that

8 the rate of pay fixed under this paragraph for the staff di9 rector may not exceed the rate payable for level V of the

10 Executive Schedule under section 5316 of such title and the

11 rate of pay for other personnel may not exceed the maxi12 mum rate payable for grade GS–15 of the General Schedule.

13 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re14 quest of the chairman of the Commission, the head of any

15 Federal department or agency may detail, on a

16 nonreimbursable basis, any personnel of that department

17 or agency to the Commission to assist it in carrying out

18 its duties.

19 (e) PROCUREMENT OF TEMPORARY AND INTERMIT20 TENT SERVICES.—The chairman of the Commission may

21 procure temporary and intermittent services under section

22 3109(b) of title 5, United States Code, at rates for individ23 uals which do not exceed the daily equivalent of the annual

24 rate of basic pay payable for level V of the Executive Sched25 ule under section 5316 of such title.
458

HR 2401 RH

1 SEC. 1409. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

2 (a) POSTAL AND PRINTING SERVICES.—The Commis3 sion may use the United States mails and obtain printing

4 and binding services in the same manner and under the

5 same conditions as other departments and agencies of the

6 Federal Government.

7 (b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT

8 SERVICES.—The Secretary of Defense shall furnish the

9 Commission, on a reimbursable basis, any administrative

10 and support services requested by the Commission.

11 (c) GIFTS.—The Commission may accept, use, and dis12 pose of gifts or donations of services or property.

13 (d) TRAVEL.—To the maximum extent practicable, the

14 members and employees of the Commission shall travel on

15 military aircraft, military ships, military vehicles, or other

16 military conveyances when travel is necessary in the per17 formance of a responsibility of the Commission, except that

18 no such aircraft, ship, vehicle, or other conveyance may be

19 scheduled primarily for the transportation of any such

20 member or employee when the cost of commercial transpor21 tation is less expensive.

22 SEC. 1410. PAYMENT OF COMMISSION EXPENSES.

23 The compensation, travel expenses, and per diem al24 lowances of members and employees of the Commission shall

25 be paid out of funds available to the Department of Defense

26 for the payment of compensation, travel allowances, and per
459

HR 2401 RH

1 diem allowances, respectively, of civilian employees of the

2 Department of Defense. The other expenses of the Commis3 sion shall be paid out of funds available to the Department

4 of Defense for the payment of similar expenses incurred by

5 that Department.

6 SEC. 1411. TERMINATION OF THE COMMISSION.

7 The Commission shall terminate 90 days after the date

8 on which it submits its final report under section 1405.

9 DIVISION B—MILITARY CON10 STRUCTION AUTHORIZA11 TIONS

12 SEC. 2001. SHORT TITLE.

13 This division may be cited as the ‘‘Military Construc14 tion Authorization Act for Fiscal Year 1994’’.

15 TITLE XXI—ARMY

16 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

17 ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2104(a)(1), the Secretary of the Army may ac21 quire real property and carry out military construction

22 projects for the installations and locations inside the United

23 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ................... Fort Rucker ..................................... $42,650,000
460

HR 2401 RH

Army: Inside the United States—Continued

State Installation or location Amount

Arizona ..................... Fort Huachuca ................................ $8,850,000

California ................. Fort Irwin ....................................... $5,900,000

Colorado .................... Fort Carson ..................................... $4,050,000

Fitzsimons Medical Center ............. $10,000,000

Georgia ..................... Fort Benning ................................... $37,650,000

Fort Stewart .................................... $18,800,000

Hawaii ...................... Schofield Barracks .......................... $18,600,000

Kentucky ................... Fort Campbell ................................. $40,300,000

Fort Knox ........................................ $41,350,000

Maryland .................. Aberdeen Proving Ground .............. $21,700,000

Fort Detrick ..................................... $2,000,000

Missouri .................... Fort Leonard Wood ........................ $1,000,000

Nevada ...................... Hawthorne Army Ammunition

Plant .............................................. $7,000,000

New Jersey ............... Fort Monmouth ............................... $7,500,000

Picatinny Arsenal ........................... $11,050,000

New Mexico ............... White Sands Missile Range ........... $3,300,000

New York .................. Fort Drum ....................................... $4,500,000

United States Military Academy,

West Point ..................................... $13,800,000

North Carolina ......... Fort Bragg ....................................... $118,690,000

Oklahoma .................. Fort Sill ........................................... $27,200,000

Pennsylvania ............ Tobyhanna Army Depot ................. $750,000

South Carolina ......... Fort Jackson .................................... $2,700,000

Texas ......................... Fort Bliss ......................................... $29,600,000

Fort Hood ........................................ $56,500,000

Fort Sam Houston .......................... $5,651,000

Utah .......................... Dugway Proving Ground ............... $16,500,000

Tooele Army Depot ......................... $1,500,000

Virginia .................... Fort Belvoir ..................................... $860,000

Fort Lee ........................................... $32,600,000

Fort Myer ........................................ $6,800,000

Washington ............... Fort Lewis ....................................... $14,200,000

CONUS Various ....... Classified Locations ........................ $1,852,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the Unit-
461

HR 2401 RH

1 ed States, and in the amounts, set forth in the following

2 table:

Army: Outside the United States

Country Installation or location Amount

Johnston Island ........... Johnston Island ........................... $1,700,000

Kwajalein Atoll ............ Kwajalein ..................................... $21,200,000

OCONUS Classified .... Classified Locations ..................... $3,600,000

3 SEC. 2102. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2104(a)(6)(A), the Secretary of the

7 Army may construct or acquire family housing units (in8 cluding land acquisition) at the installations, for the pur9 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation Purpose Amount

California ......... Fort Irwin ............ 220 units .......... $25,000,000

Hawaii ............. Schofield Barracks 348 units .......... $52,000,000

Maryland ......... Fort Meade ........... 275 units .......... $26,000,000

Nevada .............. Hawthorne Army

Ammunition

Plant ................. Demolition ....... $500,000

New York .......... U.S. Military

Academy, West

Point ................. 100 units .......... $15,000,000

North Carolina Fort Bragg ........... 224 units .......... $18,000,000

Wisconsin ......... Fort McCoy .......... 16 units ............ $2,950,000

10 (b) PLANNING AND DESIGN.—Using amounts appro11 priated pursuant to the authorization of appropriations in

12 section 2104(a)(6)(A), the Secretary of the Army may carry
462

HR 2401 RH

1 out architectural and engineering services and construction

2 design activities with respect to the construction or im3 provement of family housing units in an amount not to

4 exceed $11,805,000.

5 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

6 UNITS.

7 Subject to section 2825 of title 10, United States Code,

8 and using amounts appropriated pursuant to the author9 ization of appropriations in section 2104(a)(6)(A), the Sec10 retary of the Army may improve existing military family

11 housing in an amount not to exceed $69,630,000.

12 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

13 (a) IN GENERAL.—Funds are hereby authorized to be

14 appropriated for fiscal years beginning after September 30,

15 1993, for military construction, land acquisition, and mili16 tary family housing functions of the Department of the

17 Army in the total amount of $2,402,338,000 as follows:

18 (1) For military construction projects inside the

19 United States authorized by section 2101(a),

20 $615,403,000.

21 (2) For military construction projects outside the

22 United States authorized by section 2101(b),

23 $26,500,000.

24 (3) For the construction of the Ammunition De25 militarization Facility, Anniston Army Depot, Ala-
463

HR 2401 RH

1 bama, authorized in section 2101(a) of the Military

2 Construction Authorization Act for Fiscal Year 1991

3 (division B of Public Law 101–510; 104 Stat. 1758),

4 section 2101(a) of the Military Construction Author5 ization Act for Fiscal Year 1992 (division B of Public

6 Law 102–190; 105 Stat. 1508), and section 2101(a)

7 of the Military Construction Authorization Act for

8 Fiscal Year 1993 (division B of Public Law 102–484;

9 106 Stat. 2586), $110,900,000.

10 (4) For unspecified minor military construction

11 projects authorized by section 2805 of title 10, United

12 States Code, $12,000,000.

13 (5) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $115,161,000.

16 (6) For military family housing functions:

17 (A) For construction and acquisition of

18 military family housing and facilities,

19 $220,885,000.

20 (B) For support of military family housing

21 (including the functions described in section

22 2833 of title 10, United States Code),

23 $1,150,089,000 of which not more than

24 $268,139,000 may be obligated or expended for
464

HR 2401 RH

1 the leasing of military family housing world2 wide.

3 (7) For the Homeowners Assistance Program as

4 authorized by section 2832 of title 10, United States

5 Code, $151,400,000, to remain available until ex6 pended.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2101 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a).

14 TITLE XXII—NAVY

15 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 (a) INSIDE THE UNITED STATES.—Using amounts ap18 propriated pursuant to the authorization of appropriations

19 in section 2204(a)(1), the Secretary of the Navy may ac20 quire real property and carry out military construction

21 projects for the installations and locations inside the United

22 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

California ................ Alameda Naval Air Station ........... $4,700,000

Barstow Marine Corps Logistics

Base ............................................... $8,690,000
465

HR 2401 RH

Navy: Inside the United States—Continued

State Installation or location Amount

Camp Pendleton Marine Corps Air

Station ........................................... $3,850,000

Camp Pendleton Marine Corps

Base ............................................... $11,130,000

El Toro Marine Corps Air Station $1,950,000

Fallbrook Naval Weapons Station

Annex ............................................. $4,630,000

Lemoore Naval Air Station ........... $1,930,000

Oakland Naval Supply Center ...... $10,000,000

San Diego Naval Hospital ............. $2,700,000

San Diego Fleet Industrial Supply

Center ............................................ $2,270,000

San Diego Marine Corps Recruit

Depot .............................................. $1,130,000

San Diego Naval Training Center $700,000

Twentynine Palms, Marine Corps

Air-Ground Combat Center ......... $7,900,000

Connecticut .............. New London Naval Submarine

Base ............................................... $40,940,000

District of Columbia Washington COMNAVDIST .......... $3,110,000

Washington NRL ............................ $2,380,000

Florida ..................... Cecil Field, Naval Air Station ...... $1,500,000

Jacksonville Naval Air Station ..... $14,420,000

Mayport Naval Station .................. $3,260,000

Pensacola Naval Air Station ......... $6,420,000

Georgia .................... Albany Marine Corps Logistics

Base ............................................... $940,000

Kings Bay Naval Submarine Base $10,920,000

Kings Bay Tri-Training Facility . $3,870,000

Hawaii ..................... Barbers Point Naval Air Station .. $4,050,000

Honolulu NCTAMS EPAC ............ $9,120,000

Pearl Harbor NISMF ..................... $2,620,000

Pearl Harbor Naval Submarine

Base ............................................... $54,140,000

Pearl Harbor Public Works Center $27,540,000

Indiana .................... Crane Naval Surface Warfare Center ................................................... $9,600,000

Maine ....................... Kittery Portsmouth Naval Shipyard ............................................... $4,780,000

Maryland ................. Bethesda National Naval Medical

Center ............................................ $3,090,000

Indian Head Naval Surface Warfare Center ..................................... $3,400,000

Patuxent River Naval Air Warfare

Center ............................................ $9,300,000

New Jersey ............... Earle Naval Weapons Station ....... $2,580,000

Nevada ..................... Fallon Naval Air Station .............. $1,600,000

North Carolina ........ Camp Lejeune Marine Corps Base $41,290,000

Camp Lejeune Naval Hospital ...... $2,370,000

Cherry Point Marine Corps Air

Station ........................................... $7,500,000

Pennsylvania ........... Philadelphia ASO ........................... $1,900,000

Philadelphia NISMF ...................... $8,660,000

Philadelphia Naval Shipyard ........ $13,500,000
466

HR 2401 RH

Navy: Inside the United States—Continued

State Installation or location Amount

Rhode Island ........... Newport Naval Education and

Training Center ............................ $18,300,000

South Carolina ........ Beaufort Marine Corps Air Station ................................................. $10,900,000

Charleston Naval Weapons Station $580,000

Tennessee ................. Memphis Naval Air Station .......... $2,050,000

Texas ........................ Corpus Christi Naval Air Station . $1,670,000

Virginia ................... Chesapeake MCSFBN NW ............. $5,380,000

Craney Island FISC Annex ........... $11,740,000

Norfolk Armed Forces College ........ $8,800,000

Norfolk COMOPTEVFOR .............. $8,100,000

Norfolk NADEP .............................. $17,800,000

Norfolk Naval Air Station ............. $12,270,000

Norfolk Naval Station .................... $3,000,000

Norfolk Public Works Center .......... $5,330,000

Oceana Naval Air Station ............. $7,100,000

Portsmouth Norfolk Naval Shipyard ............................................... $13,420,000

Quantico MCCOMBDEV CMD ..... $7,450,000

Wallops Island NSURFWPN CND $10,170,000

Washington .............. Bangor Naval Submarine Base ..... $3,100,000

Everett Naval Station .................... $34,000,000

Keyport NUWC Division ............... $8,980,000

Various Locations ... Wastewater Collection and Treatment Facilities .............................. $3,260,000

Land Acquisition ............................ $540,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the Unit6 ed States, and in the amounts, set forth in the following

7 table:

Navy: Outside the United States

Country Installation or location Amount

Guam ......................... Naval Hospital ................................ $2,460,000

MSCO .............................................. $2,170,000

Anderson Air Force Base NAF ...... $7,310,000

Naval Magazine .............................. $3,750,000

Naval Ocean Communication Center ................................................... $690,000

Naval Station .................................. $14,520,000
467

HR 2401 RH

Navy: Outside the United States—Continued

Country Installation or location Amount

Fleet/Industrial Supply Center ..... $22,440,000

Public Works Center ....................... $20,680,000

Italy ........................... Naples NSA ..................................... $11,740,000

Sigonella Naval Air Station .......... $13,760,000

Spain ......................... Rota Naval Station ........................ $2,670,000

Various Locations ..... Host Nation Infrastructure Support ................................................ $2,960,000

Land Acquisition ............................ $800,000

1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(5)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation Purpose Amount

California ......... San Diego Navy

Public Works

Center ................ 318 units ........... $36,571,000

District of Columbia ...........Washington Navy

Public Works

Center ................ 188 units ........... $21,556,000

Florida .............. Pensacola Navy

Public Works

Center ................

Housing Self

Help/Warehouse .............. $300,000

Georgia .............. Kings Bay NSB ... Housing Office/

Self Help/

Warehouse ..... $790,000

Maine ................ Brunswick NAS .... Mobile Home

Spaces ........... $490,000

Virginia ............ Norfolk PWC/NAB

Little Creek ....... 392 units ........... $50,674,000

Oceana NAS ......... Community

Center ............ $860,000

Washington ....... Bangor

NAVSUBASE ... 290 units ........... $27,438,000

United Kingdom London NAVACTS 81 units ............. $15,470,000
468

HR 2401 RH

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(A), the Secretary of the Navy may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of military family housing units in an amount

7 not to exceed $22,924,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a)(5)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in the amount of $190,696,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1993, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Navy in the total amount of $1,978,167,000 as follows:

21 (1) For military construction projects inside the

22 United States authorized by section 2201(a),

23 $550,320,000.
469

HR 2401 RH

1 (2) For military construction projects outside the

2 United States authorized by section 2201(b),

3 $105,950,000.

4 (3) For unspecified minor construction projects

5 authorized by section 2805 of title 10, United States

6 Code, $5,500,000.

7 (4) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $78,573,000.

10 (5) For military family housing functions:

11 (A) For construction and acquisition of

12 military family housing and facilities,

13 $367,769,000.

14 (B) For support of military housing (in15 cluding functions described in section 2833 of

16 title 10, United States Code), $860,055,000, of

17 which not more than $113,308,000 may be obli18 gated or expended for the leasing of military

19 family housing units worldwide.

20 (6) For the construction of the large anachoic

21 chamber facility at the Patuxent River Naval Warfare

22 Center, Aircraft Division, Maryland, authorized by

23 section 2201(a) of the Military Construction Author24 ization Act for Fiscal Year 1993 (Public Law 102–

25 484, 106 Stat. 2590), $10,000,000.
470

HR 2401 RH

1 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 2201 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 TITLE XXIII—AIR FORCE

9 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

10 LAND ACQUISITION PROJECTS.

11 (a) INSIDE THE UNITED STATES.—Using amounts ap12 propriated pursuant to the authorization of appropriations

13 in section 2304(a)(1), the Secretary of the Air Force may

14 acquire real property and carry out military construction

15 projects for the installations and locations inside the United

16 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ..................... Gunter Air Force Base Annex ......... $4,680,000

Maxwell Air Force Base ................... $16,170,000

Alaska ........................ Eielson Air Force Base ..................... $7,800,000

Elmendorf Air Force Base ............... $30,805,000

Arizona ...................... Davis Monthan Air Force Base ....... $7,350,000

Luke Air Force Base ......................... $12,750,000

Navajo Army Depot .......................... $7,250,000

Arkansas .................... Little Rock Air Force Base .............. $4,500,000

California .................. Beale Air Force Base ........................ $3,150,000

Edwards Air Force Base .................. $11,300,000

McClellan Air Force Base ................ $10,200,000

Travis Air Force Base ...................... $19,140,000

Vandenberg Air Force Base ............. $20,728,000

Colorado ..................... Buckley Air National Guard Base .. $21,500,000

Cheyenne Mountain Air Force Base $4,450,000

Peterson Air Force Base ................... $21,030,000

United States Air Force Academy .. $11,680,000
471

HR 2401 RH

Air Force: Inside the United States—Continued

State Installation or location Amount

Delaware .................... Dover Air Force Base ....................... $7,760,000

District of Columbia . Bolling Air Force Base ..................... $2,000,000

Florida ....................... Cape Canaveral Air Force Station . $19,200,000

Eglin Air Force Base ....................... $12,050,000

Eglin Auxiliary Field No. 9 ............ $7,829,000

Patrick Air Force Base .................... $3,850,000

Tyndall Air Force Base .................... $2,600,000

Georgia ...................... Moody Air Force Base ...................... $13,700,000

Robins Air Force Base ..................... $40,370,000

Hawaii ....................... Hickam Air Force Base ................... $10,250,000

Kaena Point ...................................... $7,350,000

Illinois ....................... Scott Air Force Base ........................ $7,450,000

Kansas ....................... McConnell Air Force Base ............... $1,900,000

Louisiana .................. Barksdale Air Force Base ................ $2,560,000

Maryland ................... Andrews Air Force Base .................. $17,990,000

Mississippi ................. Columbus Air Force Base ................. $2,900,000

Keesler Air Force Base ..................... $8,710,000

Missouri ..................... Whiteman Air Force Base ................ $36,388,000

Montana ..................... Malmstrom Air Force Base .............. $7,700,000

Nebraska .................... Offutt Air Force Base ....................... $11,000,000

Nevada ....................... Nellis Air Force Base ....................... $10,100,000

New Jersey ................. McGuire Air Force Base .................. $4,000,000

New Mexico ................ Cannon Air Force Base .................... $11,915,000

Holloman Air Force Base ................ $9,200,000

Kirtland Air Force Base .................. $11,944,000

New York ................... Plattsburg Air Force Base ............... $5,100,000

North Carolina .......... Pope Air Force Base ......................... $8,600,000

Seymour Johnson Air Force Base ... $5,380,000

North Dakota ............. Grand Forks Air Force Base ........... $5,850,000

Minot Air Force Base ....................... $2,000,000

Ohio ............................ Wright-Patterson Air Force Base .... $27,650,000

Oklahoma ................... Altus Air Force Base ........................ $7,710,000

Tinker Air Force Base ...................... $20,749,000

Vance Air Force Base ....................... $11,000,000

South Carolina .......... Charleston Air Force Base ............... $1,100,000

Shaw Air Force Base ........................ $5,870,000

South Dakota ............ Ellsworth Air Force Base ................. $6,830,000

Tennessee ................... Arnold Air Force Base ..................... $1,500,000

Memphis Naval Air Station ............ $6,200,000

Texas .......................... Brooks Air Force Base ...................... $8,400,000

Dyess Air Force Base ....................... $15,590,000

Goodfellow Air Force Base ............... $3,700,000

Kelly Air Force Base ........................ $27,481,000

Lackland Air Force Base ................. $30,093,000

Laughlin Air Force Base ................. $8,650,000

Randolph Air Force Base ................. $5,300,000

Reese Air Force Base ........................ $900,000

Sheppard Air Force Base ................. $18,030,000

Utah ........................... Hill Air Force Base .......................... $27,980,000

Virginia ..................... Langley Air Force Base ................... $12,450,000
472

HR 2401 RH

Air Force: Inside the United States—Continued

State Installation or location Amount

Washington ................ Fairchild Air Force Base ................. $3,500,000

McChord Air Force Base .................. $10,900,000

Wyoming .................... F.E. Warren Air Force Base ........... $12,640,000

Various Locations ..... Classified ........................................... $8,140,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and may carry out military con5 struction projects for the installations and locations outside

6 the United States, and in the amounts, set forth in the fol7 lowing table:

Air Force: Outside the United States

Country Installation or location Amount

Antigua Island .......... Antigua Air Station ......................... $1,000,000

Ascension Island ....... Ascension Auxiliary Air Field ......... $3,400,000

Germany .................... Ramstein Air Base ........................... $3,100,000

Greenland .................. Thule Air Base .................................. $5,492,000

Guam ......................... Andersen Air Force Base ................. $4,100,000

Indian Ocean ............ Diego Garcia Air Base ..................... $2,260,000

Oman ......................... Thumrait Air Base ........................... $1,800,000

Turkey ........................ Incirlik Air Base .............................. $2,400,000

United Kingdom ....... RAF Mildenhall ................................ $4,800,000

Classified ................... Classified Location ........................... $5,500,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2304(a)(7)(A), the Secretary of the

12 Air Force may construct or acquire family housing units
473

HR 2401 RH

1 (including land acquisition) at the installations, for the

2 purposes, and in the amounts set forth in the following

3 table:

Air Force: Family Housing

State or Country Installation Purpose Amount

Alabama ............ Maxwell Air Force

Base ................... 55 units ............. $4,080,000

Arkansas ........... Little Rock Air

Force Base ........

Housing Office/

Maintenance

Facility ......... $980,000

California ......... Vandenberg Air

Force Base ........ 166 units ........... $21,907,000

Florida .............. Patrick Air Force

Base ................... 155 units ........... $15,388,000

Tyndall Air Force

Base ................... Infrastructure ... $5,732,000

Georgia .............. Robins Air Force

Base ................... 117 units ........... $7,424,000

Louisiana .......... Barksdale Air

Force Base ........ 118 units ........... $8,578,000

Massachusetts .... Hanscom Air

Force Base ........ 48 units ............. $5,135,000

Montana ............ Malmstrom Air

Force Base ........ Housing Office .. $581,000

Texas ................. Dyess Air Force

Base ...................

Housing Maintenance Facility $281,000

Lackland Air

Force Base ........ 111 units ........... $8,770,000

Virginia ............ Langley Air Force

Base ................... Housing Office .. $452,000

Washington ....... Fairchild Air

Force Base ........ 1 unit ................ $184,000

Wyoming ........... F.E. Warren Air

Force Base ........ 104 units ........... $10,572,000

Italy .................. Comiso Air Base ... 460 units ........... $20,200,000

4 (b) PLANNING AND DESIGN.—Using amounts appro5 priated pursuant to the authorization of appropriations in

6 section 2304(a)(7)(A), the Secretary of the Air Force may

7 carry out architectural and engineering services and con8 struction design activities with respect to the construction
474

HR 2401 RH

1 or improvement of military family housing units in an

2 amount not to exceed $11,901,000.

3 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States Code,

6 and using amounts appropriated pursuant to the author7 ization of appropriations in section 2304(a)(7)(A), the Sec8 retary of the Air Force may improve existing military fam9 ily housing units in an amount not to exceed $61,181,000.

10 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

11 FORCE.

12 (a) IN GENERAL.—Funds are hereby authorized to be

13 appropriated for fiscal years beginning after September 30,

14 1993, for military construction, land acquisition, and mili15 tary family housing functions of the Department of the Air

16 Force in the total amount of $2,031,428,000 as follows:

17 (1) For military construction projects inside the

18 United States authorized by section 2301(a),

19 $794,492,000.

20 (2) For military construction projects outside the

21 United States authorized by section 2301(b),

22 $33,852,000.

23 (3) For unspecified minor construction projects

24 authorized by section 2805 of title 10, United States

25 Code, $11,844,000.
475

HR 2401 RH

1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $63,882,000.

4 (5) For advances to the Secretary of Transpor5 tation for construction of Defense Access Roads under

6 section 210 of title 23, United States Code,

7 $7,150,000.

8 (6) For the balance of the amount authorized

9 under section 2301(a) of the Military Construction

10 Authorization Act for Fiscal Year 1993 (division B of

11 Public Law 102–484; 106 Stat. 2594) for the con12 struction of the climatic test chamber at Eglin Air

13 Force Base, Florida, $57,000,000.

14 (7) For military family housing functions:

15 (A) For construction and acquisition of

16 military family housing and facilities,

17 $183,346,000.

18 (B) For support of military housing (in19 cluding functions described in section 2833 of

20 title 10, United States Code), $869,862,000 of

21 which not more than $118,266,000 may be obli22 gated or expended for leasing of military family

23 housing units worldwide.

24 (8) For phase II of the relocation and construc25 tion of up to 1,068 family housing units at Scott Air
476

HR 2401 RH

1 Force Base, Illinois, authorized by section 2302(a) of

2 the Military Construction Authorization Act for Fis3 cal Year 1993 (Public Law 102–484, 106 Stat. 2590),

4 $10,000,000.

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variation authorized by law, the total cost

9 of all projects carried out under section 2301 of this Act

10 may not exceed the total amount authorized to be appro11 priated under paragraphs (1) and (2) of subsection (a).

12 SEC. 2305. RELOCATION OF AIR FORCE ACTIVITIES FROM

13 SIERRA ARMY DEPOT, CALIFORNIA, TO BEALE

14 AIR FORCE BASE, CALIFORNIA.

15 (a) STUDENT DORMITORY.—Section 2301(a) of the

16 National Defense Authorization Act for Fiscal Year 1991

17 (division B of Public Law 101–510; 104 Stat. 1769) is

18 amended in the matter under the heading ‘‘CALIFORNIA’’—

19 (1) by striking out ‘‘Sierra Army Depot,

20 $3,650,000.’’; and

21 (2) by striking out ‘‘Beale Air Force Base,

22 $6,300,000.’’ and inserting in lieu thereof the follow23 ing: ‘‘Beale Air Force Base, $9,950,000.’’.

24 (b) MUNITION MAINTENANCE FACILITY.—Section

25 2301(a) of the Military Construction Authorization Act for
477

HR 2401 RH

1 Fiscal Year 1992 (division B of Public Law 102–190; 105

2 Stat. 1521) is amended in the matter under the heading

3 ‘‘CALIFORNIA’’—

4 (1) by striking out ‘‘Sierra Army Depot,

5 $2,700,000.’’; and

6 (2) by striking out ‘‘Beale Air Force Base,

7 $2,250,000.’’ and inserting in lieu thereof the follow8 ing: ‘‘Beale Air Force Base, $4,950,000.’’.

9 SEC. 2306. COMBAT ARMS TRAINING AND MAINTENANCE FA10 CILITY RELOCATION FROM WHEELER AIR

11 FORCE BASE, HAWAII, TO UNITED STATES

12 ARMY SCHOFIELD BARRACKS OPEN RANGE,

13 HAWAII.

14 Section 2301(a) of the Military Construction Author15 ization Act for Fiscal Year 1991 (division B of Public Law

16 101–510; 104 Stat. 1770) is amended in the matter under

17 the heading ‘‘HAWAII’’—

18 (1) by striking out ‘‘Wheeler Air Force Base,

19 $3,500,000.’’ and inserting in lieu thereof the follow20 ing: ‘‘Wheeler Air Force Base, $2,100,000.’’; and

21 (2) by inserting after the item relating to

22 Hickam Air Force Base the following new item:

23 ‘‘United States Army Schofield Barracks Open Range,

24 $1,400,000.’’.
478

HR 2401 RH

1 SEC. 2307. AUTHORITY TO TRANSFER FUNDS AS PART OF

2 THE IMPROVEMENT OF DYSART CHANNEL,

3 LUKE AIR FORCE BASE, ARIZONA.

4 (a) TRANSFER AUTHORITY.—Subject to subsections (b)

5 and (c), the Secretary of Air Force may transfer to Mari6 copa County, Arizona (in this section referred to as the

7 ‘‘County’’), funds appropriated for fiscal years beginning

8 after September 30, 1993, for a project, authorized in sec9 tion 2301(a) of this Act, to widen and make other improve10 ments to the Dysart Channel that are needed to prevent

11 flooding of Luke Air Force Base, Arizona.

12 (b) USE OF FUNDS.—All funds transferred pursuant

13 to subsection (a) shall be used by the County only for the

14 purpose of conducting the project described in such sub15 section.

16 (c) CONDITIONS ON TRANSFER.—Funds may not be

17 transferred pursuant to subsection (a) until after the date

18 on which the Secretary and the County enter into an agree19 ment that addresses cost sharing for the widening and other

20 improvements to be made to the Dysart Channel and such

21 other matters associated with the project as the Secretary

22 considers to be appropriate.

23 (d) LIMITATION ON AIR FORCE COST SHARE.—The

24 Air Force share of the costs of the project described in sub25 section (a) may not exceed the lesser of—

26 (1) 50 percent of the total project cost; or
479

HR 2401 RH

1 (2) $6,000,000.

2 (e) ACQUISITION OF REAL PROPERTY.—Any acquisi3 tion of real property for the project described in subsection

4 (a) by the County on behalf of the Air Force shall require

5 the approval of the Secretary of the Air Force. Upon com6 pletion of the project, all right, title, and interest in real

7 property contiguous to the existing right-of-way so acquired

8 shall be transferred to the United States.

9 SEC. 2308. AUTHORITY TO TRANSFER FUNDS FOR SCHOOL

10 CONSTRUCTION FOR LACKLAND AIR FORCE

11 BASE, TEXAS.

12 (a) TRANSFER AUTHORITY.—Subject to subsection (b),

13 the Secretary of the Air Force may transfer to the Lackland

14 Independent School District, Texas, not more than

15 $8,000,000 of the funds appropriated by the Military Con16 struction Appropriations Act, 1993 (Public Law 102–380;

17 106 Stat. 1366), pursuant to the authorization of appro18 priations in section 2304(a)(1) of the Military Construction

19 Authorization Act for Fiscal Year 1993 (division B of Pub20 lic Law 102–484; 106 Stat. 2596) for military construction

21 relating to Lackland Air Force Base, Texas, as authorized

22 in section 2301(a) of such Act.

23 (b) USE OF FUNDS.—All funds transferred pursuant

24 to subsection (a) shall be used by the Lackland Independent

25 School District to pay for the design and construction of
480

HR 2401 RH

1 a new high school, the renovation of an elementary school,

2 and the design and construction of a new kindergarten and

3 special education facility.

4 SEC. 2309. AUTHORITY TO TRANSFER FUNDS AS PART OF

5 THE REPLACEMENT FAMILY HOUSING

6 PROJECT AT SCOTT AIR FORCE BASE, ILLI7 NOIS.

8 (a) TRANSFER AUTHORITY.—Subject to subsection (b),

9 the Secretary of the Air Force may transfer to the County

10 of St. Clair, Illinois (in this section referred to as the

11 ‘‘County’’), funds appropriated for the construction of 1,068

12 units of military family housing at Scott Air Force Base,

13 Illinois, as authorized in section 2302(a) of the Military

14 Construction Authorization Act for Fiscal Year 1993 (divi15 sion B of Public Law 102–484; 106 Stat. 2595).

16 (b) USE OF FUNDS.—All funds transferred pursuant

17 to subsection (a) shall be used by the County to pay for

18 the construction of a replacement family housing complex

19 for Scott Air Force Base at a location acceptable to the Sec20 retary of the Air Force.
481

HR 2401 RH

1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to the authorization of appropriations

7 in section 2403(a)(1), the Secretary of Defense may acquire

8 real property and carry out military construction projects

9 for the installations and locations inside the United States,

10 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Logistics

Agency ....................

Defense Reutilization and Marketing Office, Fairbanks, Alaska ...... $6,500,000

Defense Reutilization and Marketing Office, March Air Force Base,

California ...................................... $630,000

Defense Fuel Support Point, Pearl

Harbor, Hawaii ............................ $2,250,000

Defense Construction Supply Center, Columbia, Ohio ...................... $3,100,000

Defense Electronic Supply Center,

Dayton, Ohio ................................. $6,000,000

Defense Reutilization and Marketing Office, Hill Air Force Base,

Utah ............................................... $1,700,000

Defense General Supply Center,

Richmond, Virginia ...................... $17,000,000

Fort Belvoir, Virginia ..................... $5,200,000

Marine Corps Air Station, Yuma,

Arizona .......................................... $6,000,000

Defense Medical Facility Office .............Cannon Air Force Base, New Mexico ................................................... $13,600,000

Edwards Air Force Base, California .................................................. $1,700,000

Ellsworth Air Force Base, South

Dakota ........................................... $1,400,000

Fairchild Air Force Base, Washington .................................................. $8,250,000

Fort Detrick, Maryland ................... $4,300,000

Fort Eustis, Virginia ....................... $3,650,000

Fort Sam Houston, Texas ............... $4,800,000

Grand Forks Air Force Base, North

Dakota ........................................... $860,000

Naval Education Training Center,

Rhode Island ................................. $4,000,000

Offutt Air Force Base, Nebraska ..... $1,100,000
482

HR 2401 RH

Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

National Security

Agency .................... Fort Meade, Maryland ..................... $53,630,000

Office Secretary of

Defense ....................

Various Locations, Special Activities, Air Force ............................... $16,355,000

Section 6 Schools ....... Camp Lejeune, North Carolina ....... $1,793,000

Fort Bragg, North Carolina ............ $8,838,000

Fort Campbell, Kentucky ................ $13,182,000

Fort Knox, Kentucky ....................... $7,707,000

Fort McClellan, Alabama ................ $2,798,000

Quantico Marine Corps Base, Virginia .............................................. $422,000

Robins Air Force Base, Georgia ..... $3,160,000

Special Operations

Force .......................

Eglin Auxiliary Field No. 9, Florida .................................................. $19,582,000

Fort Campbell, Kentucky ................ $4,300,000

Fort Bragg, North Carolina ............ $38,450,000

Little Creek Naval Amphibious

Base, Virginia ............................... $7,500,000

Olmstead Field, Pennsylvania ........ $1,300,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics

Agency .................... Diego Garcia .................................... $9,558,000

Roosevelt Roads, Puerto Rico .......... $5,800,000

8 SEC. 2402. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2403(a)(12), the Sec-
483

HR 2401 RH

1 retary of Defense may carry out energy conservation

2 projects under section 2865 of title 10, United States Code.

3 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

4 AGENCIES.

5 (a) IN GENERAL.—Funds are hereby authorized to be

6 appropriated for fiscal years beginning after September 30,

7 1993, for military construction, land acquisition, and mili8 tary family housing functions of the Department of Defense

9 (other than the military departments), in the total amount

10 of $4,198,684,000 as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2401(a),

13 $271,057,000.

14 (2) For military construction projects outside the

15 United States authorized by section 2401(b),

16 $15,358,000.

17 (3) For military construction projects at Fort

18 Sam Houston, Texas, hospital replacement, author19 ized by section 2401(a) of the Military Construction

20 Authorization Act, 1987 (division B of Public Law

21 99–661; 100 Stat. 4035), $75,000,000.

22 (4) For military construction projects at Ports23 mouth Naval Hospital, Virginia, authorized by sec24 tion 2401(a) of the Military Construction Authoriza-
484

HR 2401 RH

1 tion Act for Fiscal Years 1990 and 1991 (division B

2 of Public Law 101–189; 103 Stat. 1640), $20,000,000.

3 (5) For military construction projects at Walter

4 Reed Institute of Research, Maryland, authorized by

5 section 2401(a) of the Military Construction Author6 ization Act for Fiscal Year 1993 (division B of Public

7 Law 102–484; 106 Stat. 2599), $48,140,000.

8 (6) For military construction projects at Elmen9 dorf Air Force Base, Alaska, hospital replacement,

10 authorized by section 2401(a) of the Military Con11 struction Authorization Act for Fiscal Year 1993 (di12 vision B of Public Law 102–484; 106 Stat. 2599),

13 $37,000,000.

14 (7) For military construction projects at Fort

15 Bragg, North Carolina, hospital replacement, author16 ized by section 2401(a) of the Military Construction

17 Authorization Act for Fiscal Year 1993 (division B of

18 Public Law 102–484; 106 Stat. 2599), $35,000,000.

19 (8) For military construction projects at

20 Millington Naval Air Station, Tennessee, authorized

21 by section 2401(a) of the Military Construction Au22 thorization Act for Fiscal Year 1993 (division B of

23 Public Law 102–484; 106 Stat. 2599), $5,000,000.
485

HR 2401 RH

1 (9) For unspecified minor construction projects

2 authorized by section 2805 of title 10, United States

3 Code, $21,658,000.

4 (10) For contingency construction projects of the

5 Secretary of Defense under section 2804 of title 10,

6 United States Code, $12,200,000.

7 (11) For architectural and engineering services

8 and for construction design under section 2807 of title

9 10, United States Code, $42,405,000.

10 (12) For energy conservation projects authorized

11 by section 2402, $60,000,000.

12 (13) For base closure and realignment activities

13 as authorized by title II of the Defense Authorization

14 Amendments and Base Closure and Realignment Act

15 (Public Law 100–526; 10 U.S.C. 2687 note),

16 $127,870,000.

17 (14) For base closure and realignment activities

18 as authorized by the Defense Base Closure and Re19 alignment Act of 1990 (part A of title XXIX of Public

20 Law 101–510; 10 U.S.C. 2687 note):

21 (A) For military installations selected for

22 closure or realignment in 1991, $2,200,500,000.

23 (B) For military installations selected for

24 closure or realignment in 1993, $1,306,000,000.
486

HR 2401 RH

1 (15) For military family housing functions (in2 cluding functions described in section 2833 of title 10,

3 United States Code), $27,496,000, of which not more

4 than $22,882,000 may be obligated or expended for

5 the leasing of military family housing units world6 wide.

7 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variations authorized by law, the total cost

11 of all projects carried out under section 2401 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a) and

14 subsection (b).

15 TITLE XXV—NORTH ATLANTIC

16 TREATY ORGANIZATION IN17 FRASTRUCTURE

18 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

19 ACQUISITION PROJECTS.

20 The Secretary of Defense may make contributions for

21 the North Atlantic Treaty Organization Infrastructure Pro22 gram as provided in section 2806 of title 10, United States

23 Code, in an amount not to exceed the sum of the amount

24 authorized to be appropriated for this purpose in section

25 2502 and the amount collected from the North Atlantic
487

HR 2401 RH

1 Treaty Organization as a result of construction previously

2 financed by the United States.

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 1993, for contribu6 tions by the Secretary of Defense under section 2806 of title

7 10, United States Code, for the share of the United States

8 of the cost of projects for the North Atlantic Treaty Organi9 zation Infrastructure Program as authorized by section

10 2501, in the amount of $240,000,000.

11 TITLE XXVI—GUARD AND

12 RESERVE FORCES FACILITIES

13 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC14 TION AND LAND ACQUISITION PROJECTS.

15 There are authorized to be appropriated for fiscal

16 years beginning after September 30, 1993, for the costs of

17 acquisition, architectural and engineering services, and

18 construction of facilities for the Guard and Reserve Forces,

19 and for contributions therefor, under chapter 133 of title

20 10, United States Code (including the cost of acquisition

21 of land for those facilities), the following amounts:

22 (1) For the Department of the Army—

23 (A) for the Army National Guard of the

24 United States, $229,023,000; and
488

HR 2401 RH

1 (B) for the Army Reserve, $88,433,000.

2 (2) For the Department of the Navy, for the

3 Naval and Marine Corps Reserve, $20,591,000.

4 (3) For the Department of the Air Force—

5 (A) for the Air National Guard of the Unit6 ed States, $218,114,000; and

7 (B) for the Air Force Reserve, $84,004,000.

8 SEC. 2602. TERMINATION OF AUTHORITY TO CARRY OUT

9 LAND ACQUISITION FOR ARMY NATIONAL

10 GUARD TRAINING AREA IN MUSKINGUM

11 COUNTY, OHIO.

12 (a) REDUCTION IN FISCAL YEAR 1991 AUTHORIZA13 TION.—Section 2601(1)(A) of the National Defense Author14 ization Act for Fiscal Year 1991 (Public Law 101–510; 104

15 Stat. 1781), as amended by section 2602(a)(1) of the Na16 tional Defense Authorization Act for Fiscal Years 1992 and

17 1993 (Public Law 102–190; 105 Stat. 1535), is further

18 amended by striking out ‘‘$314,887,000’’ and inserting in

19 lieu thereof ‘‘$309,217,000’’.

20 (b) PURPOSE OF REDUCTION.—The amount of the re21 duction in the amount authorized to be appropriated for

22 the Army National Guard of the United States under sec23 tion 2601(1)(A) of the National Defense Authorization Act

24 for Fiscal Year 1991 corresponds to the amount authorized

25 to be appropriated by such section for land acquisition to
489

HR 2401 RH

1 establish an Army National Guard Training Area in

2 Muskingum County, Ohio, and the authority of the Sec3 retary of Defense or the Secretary of the Army to carry out

4 such land acquisition is hereby terminated.

5 TITLE XXVII—EXPIRATION AND

6 EXTENSION OF AUTHORIZA7 TIONS

8 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

9 AMOUNTS REQUIRED TO BE SPECIFIED BY

10 LAW.

11 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

12 YEARS.—Except as provided in subsection (b), all author13 izations contained in titles XXI through XXVI for military

14 construction projects, land acquisition, family housing

15 projects and facilities, and contributions to the North At16 lantic Treaty Organization Infrastructure program (and

17 authorizations of appropriations therefor) shall expire on

18 the later of—

19 (1) October 1, 1996; or

20 (2) the date of the enactment of an Act authoriz21 ing funds for military construction for fiscal year

22 1997.

23 (b) EXCEPTION.—Subsection (a) shall not apply to au24 thorizations for military construction projects, land acqui25 sition, family housing projects and facilities, and contribu-
490

HR 2401 RH

1 tions to the North Atlantic Treaty Organization Infrastruc2 ture program (and authorizations of appropriations there3 for), for which appropriated funds have been obligated be4 fore the later of—

5 (1) October 1, 1996; or

6 (2) the date of the enactment of an Act authoriz7 ing funds for fiscal year 1997 for military construc8 tion projects, land acquisition, family housing

9 projects and facilities, or contributions to the North

10 Atlantic Treaty Organization Infrastructure program.

11 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

12 FISCAL YEAR 1991 PROJECTS.

13 (a) EXTENSIONS.—Notwithstanding section 2701(b) of

14 the Military Construction Authorization Act for Fiscal Year

15 1991 (division B of Public Law 101–510, 104 Stat. 1758),

16 authorizations for the projects set forth in the tables in sub17 section (b), as provided in section 2101, 2301, or 2401 of

18 that Act and extended by section 2702(a) of the Military

19 Construction Authorization Act for Fiscal Year 1992 (divi20 sion B of Public Law 102–190; 105 Stat. 1535), shall re21 main in effect until October 1, 1994, or the date of the en22 actment of an Act authorizing funds for military construc23 tion for fiscal year 1995, whichever is later.

24 (b) TABLES.—The tables referred to in subsection (a)

25 are as follows:
491

HR 2401 RH

Army: Extension of 1991 Project Authorizations

State Installation or location Project Amount

Maryland ......... Aberdeen Proving

Ground .................

Toxicology Research Facility $33,000,000

Missouri ............ Fort Leonard Wood Child Development Center .... $3,050,000

Virginia ............ Fort Myer ................ Child Development Center .... $2,150,000

Air Force: Extension of 1991 Project Authorizations

State Installation or location Project Amount

Alaska ............... Clear Air Force

Station .................

Alter Dormitory

(Phase II) ........ $5,000,000

California ......... Sierra Army Depot Dormitory ........... $3,650,000

Colorado ........... Buckley Air National Guard BaseChild Development Center .... $4,550,000

United States Air

Force Academy ....

Consolidated

Education &

Training Facility .................... $15,000,000

Hawaii ............. Hickam Air Force

Base ...................... Dormitory ........... $6,100,000

Wheeler Air Force

Base ......................

Combat Arms

Training &

Maintenance

Facility ........... $1,400,000

Oklahoma ......... Tinker Air Force

Base ......................

AWACS Aircraft

Fire Protection $2,750,000

Texas ................. Dyess Air Force

Base ......................

Corrosion Control

Facility ........... $4,100,000

Utah .................. Hill Air Force Base Depot Warehouse $16,000,000

Defense Agencies: Extension of 1991 Project Authorizations

State Installation or location Project Amount

Maryland ......... DLA, Defense

Reutilization and

Marketing Office,

Fort Meade .......... Covered Storage . $9,500,000
492

HR 2401 RH

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1990 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701(b) of

4 the Military Construction Authorization Act for Fiscal

5 Years 1990 and 1991 (division B of Public Law 101–189,

6 103 Stat. 1645), authorizations for the projects set forth in

7 the table in subsection (b), as provided in section 2301 of

8 that Act (103 Stat. 1631) and extended by section 2702(b)

9 of the Military Construction Authorization Act for Fiscal

10 Year 1992 (division B of Public Law 102–190; 105 Stat.

11 1535) and section 2702 of the Military Construction Au12 thorization Act for Fiscal Year 1993 (division B of Public

13 Law 102–484; 106 Stat. 2604), shall remain in effect until

14 October 1, 1994, or the date of the enactment of an Act

15 authorizing funds for military construction for fiscal year

16 1995, whichever is later.

17 (b) TABLE.—The table referred to in subsection (a) is

18 as follows:

Air Force: Extension of 1990 Project Authorizations

State Installation Project Amount

Colorado ........... Lowry Air Force

Base ......................

Computer operations facility . $15,500,000

Logistics support

facility ............. $3,500,000

19 SEC. 2704. EFFECTIVE DATE.

20 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

21 take effect on the later of—
493

HR 2401 RH

1 (1) October 1, 1993; and

2 (2) the date of the enactment of this Act.

3 TITLE XXVIII—GENERAL

4 PROVISIONS

5 Subtitle A—Military Construction

6 Program and Military Family

7 Housing Changes

8 SEC. 2801. INCREASE IN THE MAXIMUM AMOUNT AUTHOR9 IZED TO BE OBLIGATED FOR EMERGENCY

10 CONSTRUCTION IN A FISCAL YEAR.

11 Section 2803(c)(1) of title 10, United States Code, is

12 amended by striking out ‘‘$30,000,000’’ and inserting in

13 lieu thereof ‘‘$50,000,000’’.

14 SEC. 2802. MILITARY FAMILY HOUSING LEASING PRO15 GRAMS.

16 (a) LEASES IN UNITED STATES, PUERTO RICO, OR

17 GUAM.—Subsection (b) of section 2828 of title 10, United

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

19 new paragraph:

20 ‘‘(4) The maximum rental amount under paragraphs

21 (2) and (3) shall be adjusted annually at the beginning of

22 each fiscal year by an amount which corresponds to the

23 change in the Consumer Price Index for all Urban Consum24 ers, published by the Bureau of Labor Statistics of the De-
494

HR 2401 RH

1 partment of Labor, for the previous one-year period ending

2 on September 30.’’.

3 (b) LEASES IN FOREIGN COUNTRIES.—Subsection (e)

4 of such section is amended—

5 (1) in the first sentence of paragraph (1), by

6 striking out ‘‘as adjusted for foreign currency fluctua7 tion from October 1, 1987.’’ and inserting in lieu

8 thereof ‘‘, except that 300 units may be leased for not

9 more than $25,000 per unit per year.’’; and

10 (2) by adding at the end the following new para11 graph:

12 ‘‘(3) The dollar limitations contained in paragraph

13 (1) shall be adjusted—

14 ‘‘(A) for foreign currency fluctuation from Octo15 ber 1, 1987; and

16 ‘‘(B) annually at the beginning of each fiscal

17 year by an amount which corresponds to the change

18 in the Consumer Price Index for all Urban Consum19 ers, published by the Bureau of Labor Statistics for

20 the Department of Labor, for the previous one-year

21 period ending on September 30.’’.
495

HR 2401 RH

1 SEC. 2803. SALE OF ELECTRICITY FROM ALTERNATE EN2 ERGY AND COGENERATION PRODUCTION FA3 CILITIES.

4 Section 2483 of title 10, United States Code, is

5 amended—

6 (1) in subsection (b), by inserting before the pe7 riod the following: ‘‘and may be used, subject to the

8 availability of appropriations for this purpose, to

9 carry out energy-related military construction

10 projects as authorized in sections 2805(a)(1) and

11 2865(a)(3) of this title’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(c) When a decision is made to carry out an energy15 related military construction project under section

16 2805(a)(1) or 2865(a)(3) of this title using proceeds from

17 sales under subsection (a), the Secretary concerned shall no18 tify Congress in writing of that decision, of the justification

19 for the project, and of the estimated cost of the project. The

20 project may then be carried out only after the end of the

21 21-day period beginning on the date the notification is re22 ceived by Congress.’’.

23 SEC. 2804. ENERGY SAVINGS AT MILITARY INSTALLATIONS.

24 (a) ENERGY EFFICIENT MAINTENANCE.—Subsection

25 (a) of section 2865 of title 10, United States Code, is

26 amended—
496

HR 2401 RH

1 (1) in paragraph (3), by inserting ‘‘, including

2 energy efficient maintenance,’’ after ‘‘conservation

3 measures’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(4) For purposes of paragraph (3), the term ‘energy

7 efficient maintenance’ includes—

8 ‘‘(A) the repair by replacement of equipment or

9 systems with the best available technology to meet the

10 same end needs, such as lighting, heating, cooling, or

11 industrial process; and

12 ‘‘(B) improvements in the operation and mainte13 nance process that result in energy cost savings, such

14 as training or improved controls.’’.

15 (b) USE OF AMOUNTS FROM SALES OF ELEC16 TRICITY.—Subsection (b)(2) of such section is amended by

17 inserting ‘‘and pursuant to section 2483(b) of this title’’

18 after ‘‘under paragraph (1)’’.

19 SEC. 2805. AUTHORIZATION TO ACQUIRE EXISTING FACILI20 TIES IN LIEU OF CARRYING OUT CONSTRUC21 TION AUTHORIZED BY LAW.

22 (a) ESTABLISHMENT OF AUTHORITY.—Subchapter I of

23 chapter 169 of title 10, United States Code, is amended by

24 adding at the end the following new section:
497

HR 2401 RH

1 ‘‘SEC. 2813. ACQUISITION OF EXISTING FACILITIES IN LIEU

2 OF CONSTRUCTION.

3 ‘‘(a) ACQUISITION AUTHORITY.—Subject to subsections

4 (b) and (c), if the Secretary concerned determines that an

5 existing facility at or near a military installation would

6 satisfy the requirements of a military construction project

7 authorized by law, the Secretary may acquire that facility,

8 including real property, using the funds appropriated for

9 the authorized construction project in lieu of carrying out

10 the authorized construction project.

11 ‘‘(b) REQUIRED DETERMINATION.—The authority pro12 vided by this section may only be exercised if the Secretary

13 concerned makes a determination that the acquisition of an

14 existing facility in lieu of new construction is in the best

15 interests of the Government.

16 ‘‘(c) NOTICE AND WAIT REQUIREMENTS.—A contract

17 may not be entered into under this section until the end

18 of the 21-day period beginning on the date the Secretary

19 concerned notifies Congress in writing of the transaction

20 proposed in the contract, the justification for the trans21 action, and the estimated cost of the transaction.’’.

22 (b) APPLICATION OF SECTION.—Section 2813 of title

23 10, United States Code, as added by subsection (a), shall

24 apply with respect to—

25 (1) projects authorized on or after the date of the

26 enactment of this Act; and
498

HR 2401 RH

1 (2) projects authorized before that date for which

2 construction contracts have not been awarded.

3 (c) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of such subchapter is amended by adding at

5 the end the following new item:

‘‘2813. Acquisition of existing facilities in lieu of construction.’’.

6 SEC. 2806. CLARIFICATION OF PARTICIPATION IN DEPART7 MENT OF STATE HOUSING POOLS.

8 Section 2834(b) of title 10, United States Code, is

9 amended to read as follows:

10 ‘‘(b) The maximum lease amount specified in section

11 2828(e)(1) of this title for the rental of family housing in

12 foreign countries shall not apply to housing made available

13 to the Department of Defense under this section. To the ex14 tent that the lease amount for units of housing made avail15 able under this subsection exceeds such maximum lease

16 amount, such units shall not be counted in applying the

17 limitation contained in such section on the number of units

18 of family housing for which the Secretary concerned may

19 waive such maximum lease amount.’’.

20 SEC. 2807. NAVY HOUSING INVESTMENT AGREEMENTS AND

21 HOUSING INVESTMENT BOARD.

22 (a) IN GENERAL.—Chapter 649 of title 10, United

23 States Code, is amended by inserting after section 7573 the

24 following new sections:
499

HR 2401 RH

1 ‘‘§ 7574. Investment agreements with private devel2 opers of housing

3 ‘‘(a) INVESTMENT AGREEMENTS.—The Secretary of

4 the Navy may enter into investment agreements with pri5 vate developers to encourage the construction of housing and

6 accessory structures within commuting distance of a mili7 tary installation under the jurisdiction of the Secretary at

8 which there is a shortage of suitable housing to meet the

9 requirements of members of the naval service with or with10 out dependents.

11 ‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.—The

12 Secretary may also enter into collateral incentive agree13 ments with private developers who enter into an investment

14 agreement under subsection (a) to ensure that, where

15 appropriate—

16 ‘‘(1) members of the naval service will have pri17 ority for a fair share of any housing within the scope

18 of the investment contract; or

19 ‘‘(2) rental rates or sale prices, as appropriate,

20 for some or all of the units will be affordable for such

21 members.

22 ‘‘(c) TRANSFER OF NAVY LANDS PROHIBITED.—Noth23 ing in this section shall be construed to permit the Sec24 retary, as part of an agreement entered into under this sec25 tion, to transfer the right, title, or interest of the United
500

HR 2401 RH

1 States in any real property under the jurisdiction of the

2 Secretary.

3 ‘‘(d) EXPIRATION OF AUTHORITY.—The authority of

4 the Secretary to enter into an agreement under this section

5 shall expire on September 30, 1998.

6 ‘‘§ 7575. Navy Housing Investment Board

7 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy

8 may establish a board to be known as the ‘Navy Housing

9 Investment Board’.

10 ‘‘(b) MEMBERS.—(1) The Navy Housing Investment

11 Board shall be composed of seven members appointed for

12 a two-year term by the Secretary. The Secretary may ap13 point to the Board, without regard to the civil service laws,

14 two persons from the private sector who have knowledge and

15 experience in the financing and the construction of housing.

16 ‘‘(2) The Secretary shall designate one of the members

17 as chairperson of the Board.

18 ‘‘(3) Members of the Board, other than those members

19 regularly employed by the Federal Government, may be

20 paid while attending meetings of the Board or otherwise

21 serving at the request of the Secretary, compensation at a

22 rate equal to the daily equivalent of the minimum annual

23 rate of basic pay payable for level IV of the Executive

24 Schedule under section 5315 of title 5, United States Code,

25 for each day (including travel time) during which the mem-
501

HR 2401 RH

1 ber is engaged in the actual performance of duties vested

2 in the Board. Members shall receive travel expenses, includ3 ing per diem in lieu of subsistence, in accordance with sec4 tions 5702 and 5703 of title 5, United States Code.

5 ‘‘(c) DUTIES.—The Navy Housing Investment Board

6 shall—

7 ‘‘(1) advise the Secretary regarding which pro8 posed investment agreements under section 7574 of

9 this title, if any, are financially and otherwise sound

10 investments for meeting the objectives of such section;

11 and

12 ‘‘(2) assist the Secretary in such other ways as

13 the Secretary determines to be necessary and appro14 priate.

15 ‘‘(d) SELECTION OF INVESTMENT OPPORTUNITIES.—

16 Any investment agreement under section 7574 of this title

17 may be made through the use of publicly advertised, com18 petitively bid or competitively negotiated, contracting pro19 cedures, as provided in chapter 137 of this title, or such

20 other contracting procedures as the Secretary considers to

21 be appropriate.

22 ‘‘(e) ACCOUNT.—(1) There is hereby established on the

23 books of the Treasury an account to be known as the ‘Navy

24 Housing Investment Account’, which shall be administered

25 by the Navy Housing Investment Board.
502

HR 2401 RH

1 ‘‘(2) There shall be deposited into the Account—

2 ‘‘(A) such funds as may be authorized for and

3 appropriated to the Account; and

4 ‘‘(B) any proceeds received from the repayment

5 of investments or profits on investments under section

6 7574 of this title.

7 ‘‘(3) The Account shall be available without fiscal year

8 limitation for contracts, investments, and expenses nec9 essary for the implementation of this section and section

10 7574 of this title.

11 ‘‘(f) REPORT.—Not later than 60 days after the end

12 of each fiscal year in which the Secretary and Navy Hous13 ing Investment Board carry out activities under section

14 7574 of this title, the Secretary shall transmit a report to

15 Congress specifying the amount and nature of the deposits

16 into, and the expenditures from, the Account during such

17 fiscal year and of the amount and nature of all other ex18 penditures made pursuant to such section during such fiscal

19 year.

20 ‘‘(g) TERMINATION OF BOARD.—The Navy Housing

21 Investment Board shall terminate on November 30, 1998.’’.

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

23 the beginning of such chapter is amended by inserting after

24 the item relating to section 7573 the following new items:

‘‘7574. Investment agreements with private developers of housing.

‘‘7575. Navy Housing Investment Board.’’.
503

HR 2401 RH

1 Subtitle B—Defense Base Closure

2 and Realignment

3 SEC. 2811. BASE CLOSURE ACCOUNT MANAGEMENT FLEXI4 BILITY.

5 (a) BASE CLOSURES UNDER 1988 ACT.—Section

6 207(a) of the Defense Authorization Amendments and Base

7 Closure and Realignment Act (title II of Public Law 100–

8 526; 10 U.S.C. 2687 note) is amended by adding at the

9 end the following new paragraph:

10 ‘‘(7) Proceeds received after September 30, 1995, from

11 the transfer or disposal of any property at a military in12 stallation closed or realigned under this title shall be depos13 ited directly into the Department of Defense Base Closure

14 Account 1990, as established by section 2906(a) of the De15 fense Base Closure and Realignment Act of 1990 (part A

16 of title XXIX of Public Law 101–510; 10 U.S.C. 2687

17 note).’’.

18 (b) BASE CLOSURES UNDER 1990 ACT.—Section 2906

19 of the Defense Base Closure and Realignment Act of 1990

20 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

21 2687 note) is amended—

22 (1) in subsection (a)(2)—

23 (A) by striking out ‘‘and’’ at the end of sub24 paragraph (B);
504

HR 2401 RH

1 (B) by striking out the period at the end of

2 subparagraph (C) and inserting in lieu thereof ‘‘;

3 and’’; and

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

5 subparagraph:

6 ‘‘(D) proceeds received after September 30, 1995,

7 from the transfer or disposal of any property at a

8 military installation closed or realigned under title II

9 of the Defense Authorization Amendments and Base

10 Closure and Realignment Act (Public Law 100–526;

11 10 U.S.C. 2687 note).’’; and

12 (2) in subsection (b), by striking out paragraph

13 (1) and inserting in lieu thereof the following new

14 paragraph:

15 ‘‘(1) The Secretary may use the funds in the Account

16 only for the purposes described in section 2905 or, after

17 September 30, 1995, for environmental restoration and

18 property management and disposal at installations closed

19 or realigned under title II of the Defense Authorization

20 Amendments and Base Closure and Realignment Act (Pub21 lic Law 100–526; 10 U.S.C. 2687 note).’’.

22 (c) TECHNICAL CORRECTION.—Paragraphs (2) and

23 (3) of section 2906(c) of the Defense Base Closure and Re24 alignment Act of 1990 (part A of title XXIX of Public Law

25 101–510; 10 U.S.C. 2687 note) are amended by striking out
505

HR 2401 RH

1 ‘‘after the termination of the Commission’’ and inserting

2 in lieu thereof ‘‘after the termination of the authority of

3 the Secretary to carry out a closure or realignment under

4 this part’’.

5 SEC. 2812. AUTHORITY TO CONTRACT FOR CERTAIN FUNC6 TIONS AT INSTALLATIONS BEING CLOSED OR

7 REALIGNED.

8 (a) BASE CLOSURES UNDER 1988 ACT.—(1) Section

9 204(b) of the Defense Authorization Amendments and Base

10 Closure and Realignment Act (title II of Public Law 100–

11 526; 10 U.S.C. 2687 note) is amended by adding at the

12 end the following new paragraph:

13 ‘‘(5) The Secretary of Defense may contract with local

14 governments for community services, including police and

15 fire protection, at those military installations to be closed

16 under this title if the Secretary determines that it is in the

17 best interest of the Department to have these services pro18 vided by local governmental entities.’’.

19 (2) Section 205 of such Act is amended—

20 (A) by striking out ‘‘and’’ at the end of para21 graph (1);

22 (B) by striking out the period at the end of

23 paragraph (2) and inserting in lieu thereof ‘‘; and’’;

24 and
506

HR 2401 RH

1 (C) by adding at the end the following new para2 graph:

3 ‘‘(3) chapter 146 of title 10, United States

4 Code.’’.

5 (b) BASE CLOSURES UNDER 1990 ACT.—(1) Sub6 section (b)(2) of section 2905 of the Defense Base Closure

7 and Realignment Act of 1990 (part A of title XXIX of Pub8 lic Law 101–510; 10 U.S.C. 2687 note) is amended—

9 (A) by redesignating subparagraph (E) as sub10 paragraph (F); and

11 (B) by inserting after subparagraph (D) the fol12 lowing new subparagraph:

13 ‘‘(E) The Secretary of Defense may contract with local

14 governments for community services, including police and

15 fire protection, at those military installations to be closed

16 under this part if the Secretary determines that it is in

17 the best interest of the Department to have these services

18 provided by local governmental entities.’’.

19 (2) Subsection (d) of such section is amended—

20 (A) by striking out ‘‘and’’ at the end of para21 graph (1);

22 (B) by striking out the period at the end of

23 paragraph (2) and inserting in lieu thereof ‘‘; and’’;

24 and
507

HR 2401 RH

1 (C) by adding at the end the following new para2 graph:

3 ‘‘(3) chapter 146 of title 10, United States

4 Code.’’.

5 SEC. 2813. INCREASED FUNDING SOURCES FOR ENVIRON6 MENTAL RESTORATION AT MILITARY INSTAL7 LATIONS TO BE CLOSED.

8 (a) BASE CLOSURES UNDER 1988 ACT.—(1) Section

9 207 of the Defense Authorization Amendments and Base

10 Closure and Realignment Act (title II of Public Law 100–

11 526; 10 U.S.C. 2687 note) is amended by striking out sub12 section (b).

13 (b) BASE CLOSURES UNDER 1990 ACT.—(1) Section

14 2906 of the Defense Base Closure and Realignment Act of

15 1990 (part A of title XXIX of Public Law 101–510; 10

16 U.S.C. 2687 note) is amended by striking out subsection

17 (e).

18 (2) Section 2905(a)(1)(C) of such Act is amended by

19 inserting after ‘‘the Account’’ the following: ‘‘and, in addi20 tion, may use for such purposes other funds appropriated

21 to the Department of Defense and available for environ22 mental restoration and mitigation’’.
508

HR 2401 RH

1 SEC. 2814. TESTIMONY BEFORE DEFENSE BASE CLOSURE

2 AND REALIGNMENT COMMISSION.

3 (a) OATHS REQUIRED.—Section 2903(d)(1) of the De4 fense Base Closure and Realignment Act of 1990 (part A

5 of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)

6 is amended by adding at the end the following new sentence:

7 ‘‘All testimony before the Commission at a public hearing

8 conducted under this paragraph shall be presented under

9 oath.’’.

10 (b) APPLICATION OF AMENDMENT.—The amendment

11 made by this section shall apply with respect to all public

12 hearings conducted by the Defense Base Closure and Re13 alignment Commission after the date of the enactment of

14 this Act.

15 SEC. 2815. EXPANSION OF CONVEYANCE AUTHORITY RE16 GARDING FINANCIAL FACILITIES ON CLOSED

17 MILITARY INSTALLATIONS TO INCLUDE ALL

18 DEPOSITORY INSTITUTIONS.

19 (a) INCLUSION OF OTHER DEPOSITORY INSTITUTIONS

20 IN ADDITION TO CREDIT UNIONS.—Section 2825 of the Na21 tional Defense Authorization Act for Fiscal Years 1992 and

22 1993 (10 U.S.C. 2687 note) is amended—

23 (1) by striking ‘‘credit union’’ each place it ap24 pears and inserting in lieu thereof ‘‘depository insti25 tution’’;

26 (2) in subsection (c), by striking ‘‘business’’; and
509

HR 2401 RH

1 (3) by adding at the end the following new sub2 section:

3 ‘‘(e) DEPOSITORY INSTITUTION DEFINED.—For pur4 poses of this section, the term ‘depository institution’ has

5 the meaning given that term in section 19(b)(1)(A) of the

6 Federal Reserve Act (12 U.S.C. 461(b)(1)(A)).’’.

7 (b) CLERICAL AMENDMENT.—The heading of such sec8 tion is amended to read as follows:

9 ‘‘SEC. 2825. DISPOSITION OF FACILITIES OF DEPOSITORY

10 INSTITUTIONS ON MILITARY INSTALLATIONS

11 TO BE CLOSED.’’.

12 SEC. 2816. AUTHORITY TO TRANSFER PROPERTY AT MILI13 TARY INSTALLATIONS TO BE CLOSED TO PER14 SONS PAYING THE COST OF ENVIRONMENTAL

15 RESTORATION ACTIVITIES ON THE PROP16 ERTY.

17 (a) BASE CLOSURES UNDER 1988 ACT.—Section 204

18 of the Defense Authorization Amendments and Base Closure

19 and Realignment Act (title II of Public Law 100–526; 10

20 U.S.C. 2687 note) is amended by adding at the end the fol21 lowing new subsection:

22 ‘‘(d) TRANSFER AUTHORITY IN CONNECTION WITH

23 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

24 ‘‘(1) Subject to paragraph (2) and the require25 ments specified in section 120(h) of the Comprehen-
510

HR 2401 RH

1 sive Environmental Response, Compensation, and Li2 ability Act of 1980 (42 U.S.C. 9620(h)), the Secretary

3 may enter into an agreement to transfer real property

4 or facilities located at a military installation closed

5 or to be closed under this title with any person who

6 agrees to pay all costs in connection with all environ7 mental restoration, waste management, and environ8 mental compliance activities that—

9 ‘‘(A) are required for the property or facili10 ties under Federal and State laws, administra11 tive decisions, agreements, and concurrences; and

12 ‘‘(B) are known to be necessary on the date

13 of the agreement, or reasonably could have been

14 known or foreseen to be necessary as a result of

15 Department of Defense activities at the military

16 installation.

17 ‘‘(2) RELATION OF COSTS TO FAIR MARKET

18 VALUE.—A transfer of real property or facilities may

19 be made under paragraph (1) only if the Secretary

20 certifies to Congress that—

21 ‘‘(A) the costs of all environmental restora22 tion, waste management, and environmental

23 compliance activities to be paid by the recipient

24 of the property or facilities are equal to or great25 er than the fair market value of the property or
511

HR 2401 RH

1 facilities to be transferred, as determined by the

2 Secretary; or

3 ‘‘(B) if such costs are lower than the fair

4 market value of the property or facilities, the re5 cipient of the property or facilities agrees to pay

6 the difference between the fair market value and

7 such costs.

8 ‘‘(3) DISCLOSURE.—As part of an agreement

9 under paragraph (1), the Secretary shall disclose to

10 the person to whom the property or facilities will be

11 transferred any information of the Secretary regard12 ing the environmental restoration, waste manage13 ment, and environmental compliance activities de14 scribed in paragraph (1) that relate to the property

15 or facilities. The Secretary shall provide this informa16 tion as soon as possible before entering into the agree17 ment.

18 ‘‘(4) APPLICATION OF CERCLA.—Nothing in this

19 subsection shall be construed to modify or remove the

20 environmental restoration, waste management, and

21 environmental compliance requirements imposed by

22 section 120(h) of the Comprehensive Environmental

23 Response, Compensation, and Liability Act of 1980

24 (42 U.S.C. 9620(h)).’’.
512

HR 2401 RH

1 (b) BASE CLOSURES UNDER 1990 ACT.—Section 2905

2 of the Defense Base Closure and Realignment Act of 1990

3 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

4 2687 note) is amended by adding at the end the following

5 new subsection:

6 ‘‘(e) TRANSFER AUTHORITY IN CONNECTION WITH

7 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

8 ‘‘(1) Subject to paragraph (2) and the requirements

9 specified in section 120(h) of the Comprehensive En10 vironmental Response, Compensation, and Liability

11 Act of 1980 (42 U.S.C. 9620(h)), the Secretary may

12 enter into an agreement to transfer real property or

13 facilities located at a military installation closed or

14 to be closed under this title with any person who

15 agrees to pay all costs in connection with all environ16 mental restoration, waste management, and environ17 mental compliance activities that—

18 ‘‘(A) are required for the property or facili19 ties under Federal and State laws, administra20 tive decisions, agreements, and concurrences; and

21 ‘‘(B) are known to be necessary on the date

22 of the agreement, or reasonably could have been

23 known or foreseen to be necessary as a result of

24 Department of Defense activities at the military

25 installation.
513

HR 2401 RH

1 ‘‘(2) RELATION OF COSTS TO FAIR MARKET

2 VALUE.—A transfer of real property or facilities may

3 be made under paragraph (1) only if the Secretary

4 certifies to Congress that—

5 ‘‘(A) the costs of all environmental restora6 tion, waste management, and environmental

7 compliance activities to be paid by the recipient

8 of the property or facilities are equal to or great9 er than the fair market value of the property or

10 facilities to be transferred, as determined by the

11 Secretary; or

12 ‘‘(B) if such costs are lower than the fair

13 market value of the property or facilities, the re14 cipient of the property or facilities agrees to pay

15 the difference between the fair market value and

16 such costs.

17 ‘‘(3) DISCLOSURE.—As part of an agreement

18 under paragraph (1), the Secretary shall disclose to

19 the person to whom the property or facilities will be

20 transferred any information of the Secretary regard21 ing the environmental restoration, waste manage22 ment, and environmental compliance activities de23 scribed in paragraph (1) that relate to the property

24 or facilities. The Secretary shall provide this informa-
514

HR 2401 RH

1 tion as soon as possible before entering into the agree2 ment.

3 ‘‘(4) APPLICATION OF CERCLA.—Nothing in this

4 subsection shall be construed to modify or remove the

5 environmental restoration, waste management, and

6 environmental compliance requirements imposed by

7 section 120(h) of the Comprehensive Environmental

8 Response, Compensation, and Liability Act of 1980

9 (42 U.S.C. 9620(h)).’’.

10 SEC. 2817. AUTHORITY TO LEASE PROPERTY PENDING

11 FINAL DISPOSITION.

12 (a) LEASE AUTHORITY.—Subsection (f) of section

13 2667 of title 10, United States Code, is amended to read

14 as follows:

15 ‘‘(f)(1) Pending the final disposition of real property

16 (and associated personal property) located at a military in17 stallation to be closed or realigned under a base closure law,

18 the Secretary of the military department concerned may

19 lease the property to public or private entities under this

20 subsection if the Secretary determines that such a lease

21 would facilitate State or local economic adjustment efforts.

22 ‘‘(2) Notwithstanding subsection (b)(4), in the case of

23 a lease under this subsection to a State or local government,

24 the Secretary concerned may accept consideration in an

25 amount that is less than the fair market value of the lease
515

HR 2401 RH

1 interest if the Secretary concerned determines that there is

2 a public benefit accruing as a result of the lease.

3 ‘‘(3) The limitation contained in subsection (a)(3)

4 shall not apply in selecting real or personal property to

5 be leased under this subsection.’’.

6 (b) DEFINITION.—Such section is further amended by

7 adding at the end the following new subsection:

8 ‘‘(g) In this section, the term ‘base closure law’ means

9 each of the following:

10 ‘‘(1) The Defense Base Closure and Realignment

11 Act of 1990 (part A of title XXIX of Public Law 101–

12 510; 10 U.S.C. 2687 note).

13 ‘‘(2) Title II of the Defense Authorization

14 Amendments and Base Closure and Realignment Act

15 (Public Law 100–526; 10 U.S.C. 2687 note).

16 ‘‘(3) Section 2687 of this title.’’.

17 SEC. 2818. ELECTRIC POWER ALLOCATION AND ECONOMIC

18 DEVELOPMENT AT CERTAIN MILITARY IN19 STALLATIONS TO BE CLOSED IN THE STATE

20 OF CALIFORNIA.

21 For a 10-year period beginning on the date of the en22 actment of this Act, the electric power allocations provided

23 as of that date by the Western Area Power Administration

24 from the Central Valley project to military installations in

25 the State of California selected for closure pursuant to the
516

HR 2401 RH

1 Defense Base Closure and Realignment Act of 1990 (part

2 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

3 note) shall be reserved for sale through long-term contracts

4 to preference entities that agree to use such power to pro5 mote economic development at a military installation that

6 is closed or selected for closure pursuant to that Act.

7 Subtitle C—Land Transactions

8 SEC. 2821. MODIFICATION OF LAND CONVEYANCE, NEW

9 LONDON, CONNECTICUT.

10 (a) CONVEYANCE WITHOUT CONSIDERATION.—Sub11 section (a) of section 2841 of the National Defense Author12 ization Act for Fiscal Years 1992 and 1993 (Public Law

13 102–190; 102 Stat.1557) is amended by inserting after

14 ‘‘convey’’ the following: ‘‘, without consideration,’’.

15 (b) CONFORMING AMENDMENTS.—Such section is fur16 ther amended—

17 (1) in subsection (b), by striking out paragraph

18 (4);

19 (2) by striking out subsection (c); and

20 (3) redesignating subsections (d) and (e) as sub21 sections (c) and (d), respectively.

22 SEC. 2822. LAND CONVEYANCE, BROWARD COUNTY, FLOR23 IDA.

24 (a) LAND CONVEYANCE.—Subject to subsection (b), the

25 Secretary of the Navy may convey to Broward County,
517

HR 2401 RH

1 Florida (in this section referred to as the ‘‘County’’), all

2 right, title, and interest of the United States in and to a

3 parcel of real property, including improvements thereon,

4 consisting of approximately 18.45 acres and comprising a

5 portion of Fort Lauderdale-Hollywood International Air6 port, Florida.

7 (b) CONSIDERATION.—As consideration for the convey8 ance by the Secretary of the parcel of real property under

9 subsection (a), the County shall elect either—

10 (1) to construct (or pay the costs of constructing)

11 at a location selected by the Secretary within the

12 County a suitable replacement facility for the im13 provements conveyed as part of such conveyance; or

14 (2) to pay to the United States an amount equal

15 to the fair market value of the parcel conveyed under

16 subsection (a), including improvements thereon.

17 (c) REPLACEMENT FACILITY.—If the County elects to

18 pay the fair market value of the real property under sub19 section (b)(2), the Secretary shall use the amount paid by

20 the County, subject to the availability of appropriations for

21 this purpose, to construct a suitable facility to replace the

22 improvements conveyed under subsection (a).

23 (d) DETERMINATION OF FAIR MARKET VALUE.—The

24 Secretary shall determine the fair market value of the parcel
518

HR 2401 RH

1 of real property to be conveyed under subsection (a). Such

2 determination shall be final.

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the parcel of real property to be

5 conveyed under subsection (a) shall be determined by sur6 veys that are satisfactory to the Secretary. The cost of the

7 surveys shall be borne by the County.

8 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require any additional terms and conditions

10 in connection with the conveyance under subsection (a) that

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 SEC. 2823. LAND CONVEYANCE, NAVAL AIR STATION

14 OCEANA, VIRGINIA.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

16 Navy may convey to the City of Virginia Beach, Virginia

17 (in this section referred to as the ‘‘City’’), all right, title,

18 and interest of the United States in and to a parcel of real

19 property included on the real property inventory of Naval

20 Air Station Oceana in Virginia Beach, Virginia, and con21 sisting of approximately 3.5 acres. As part of the convey22 ance of such parcel, the Secretary shall grant the City an

23 easement on such additional acreage as may be necessary

24 to provide adequate ingress and egress to the parcel.
519

HR 2401 RH

1 (b) CONSIDERATION.—As consideration for the convey2 ance and easement under subsection (a), the City shall pay

3 to the United States an amount equal to the fair market

4 value of the property to be conveyed and the fair market

5 value of the easement to be granted. The Secretary shall de6 termine fair market value, and such determination shall be

7 final.

8 (c) CONDITION OF CONVEYANCE.—The conveyance au9 thorized by subsection (a) shall be subject to the condition

10 that the City may use the property conveyed only for the

11 following purposes:

12 (1) The maintenance, repair, storage, and berth13 ing of erosion control and beach replenishment equip14 ment and materiel, including a dredge.

15 (2) The berthing of police boats.

16 (3) The provision of operational and administra17 tive personnel space related to the purposes specified

18 in paragraphs (1) and (2).

19 (d) REVERSION.—All right, title and interest in and

20 to the property conveyed under subsection (a) (including

21 any improvements thereon) and the easement granted under

22 such subsection shall revert to the United States, and the

23 United States shall have the right of immediate reentry on

24 the property, if the Secretary determines—
520

HR 2401 RH

1 (1) at any time, that the property conveyed

2 under subsection (a) is not being used for the pur3 poses specified in subsection (c); or

4 (2) at the end of the 10-year period beginning on

5 the date of the conveyance, that no significant im6 provements associated with such purposes have been

7 constructed on the property.

8 (e) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the property to be conveyed under

10 subsection (a) and the easement to be granted under such

11 subsection shall be determined by a survey satisfactory to

12 the Secretary. The cost of such survey shall be borne by the

13 City.

14 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance and easement under sub17 section (a) as the Secretary determines are appropriate to

18 protect the interests of the United States.

19 SEC. 2824. RELEASE OF REVERSIONARY INTEREST, OLD

20 SPANISH TRAIL ARMORY, HARRIS COUNTY,

21 TEXAS.

22 (a) AUTHORITY TO RELEASE.—The Secretary of the

23 Army may release the reversionary interest of the United

24 States in and to approximately 6.89 acres of real property,

25 including improvements thereon, containing the Old Span-
521

HR 2401 RH

1 ish Trail Armory in Harris County, Texas. The United

2 States acquired the reversionary interest by virtue of a quit3 claim deed dated June 18, 1936.

4 (b) CONDITION.—The Secretary may effectuate the re5 lease authorized in subsection (a) only after obtaining satis6 factory assurances that the State of Texas shall obtain, in

7 exchange for the real property referred to in subsection (a),

8 a parcel of real property that—

9 (1) is at least equal in value to the real property

10 referred to in subsection (a), and

11 (2) beginning on the date on which the State

12 first obtains the new parcel of real property, is subject

13 to the same restrictions and covenants with respect to

14 the United States as are applicable on the date of the

15 enactment of this Act to the real property referred to

16 in subsection (a).

17 (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The

18 exact acreage and legal descriptions of the real property re19 ferred to in subsection (a) shall be determined by a survey

20 satisfactory to the Secretary.

21 SEC. 2825. LEASE AND JOINT USE OF CERTAIN REAL PROP22 ERTY, MARINE CORPS BASE, CAMP PENDLE23 TON, CALIFORNIA.

24 (a) LEASE AUTHORIZED.—The Secretary of the Navy

25 may lease to Tri-Cities Municipal Water District, a special
522

HR 2401 RH

1 governmental district of the State of California (in the sec2 tion referred to as the ‘‘district’’), such interests in real

3 property located on, under, and within the northern portion

4 of the Marine Corps Base, Camp Pendleton, California, as

5 the Secretary determines to be necessary for the district to

6 develop, operate, and maintain water extraction and dis7 tribution facilities for the mutual benefit of the district and

8 the base. The lease may be for a period of up to 50 years,

9 or such additional period as the Secretary determines to

10 be in the interests of the United States.

11 (b) CONSIDERATION.—As consideration for the lease of

12 real property under subsection (a), the district shall—

13 (1) construct, operate, and maintain such im14 provements as are necessary to fully develop the po15 tential of the lower San Mateo Water Basin for sus16 tained yield and storage of imported water for the

17 joint benefit of the district and the base;

18 (2) assume operating and maintenance respon19 sibilities for the existing water extraction, storage,

20 distribution, and related infrastructure within the

21 northern portion of the base; and

22 (3) pay to the United States, in the form of cash

23 or additional required services, an amount equal to

24 the amount, if any, by which the fair market value

25 of the real property interests leased under subsection
523

HR 2401 RH

1 (a) exceeds the fair market value of the services pro2 vided under paragraphs (1) and (2).

3 (c) DETERMINATION OF FAIR MARKET VALUE.—The

4 Secretary shall establish a system of accounts to establish

5 the relative costs and benefits accruing to the district and

6 the United States under the lease under subsection (a) and

7 to ensure that the United States receives at least fair market

8 value, as determined by an independent appraisal accept9 able to the Secretary.

10 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the lease under subsection (a) as the Sec13 retary determines are appropriate to protect the interests

14 of the United States.

15 SEC. 2826. LAND CONVEYANCE, CRANEY ISLAND FUEL

16 DEPOT, NAVAL SUPPLY CENTER, VIRGINIA.

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

18 Navy may convey to the City of Portsmouth, Virginia, (in

19 this section referred to as the ‘‘City’’) all right, title, and

20 interest of the United States in and to a parcel of real prop21 erty consisting of approximately 135.7 acres, including im22 provements thereon, comprising a portion of the Craney Is23 land Fuel Depot, Naval Supply Center, Norfolk, Virginia.

24 (b) CONDITIONS OF CONVEYANCE.—(1) Inasmuch as

25 the City has used the real property referred to in subsection
524

HR 2401 RH

1 (a) as a landfill while the property has been in the owner2 ship of the United States, the conveyance authorized by sub3 section (a) shall be subject to the condition that the City

4 of Portsmouth accept the property as is, notwithstanding

5 the requirements specified in section 120(h) of the Com6 prehensive Environmental Response, Compensation, and

7 Liability Act of 1980 (42 U.S.C. 9260(h)).

8 (2) Except as provided in paragraph (4), with respect

9 to the real property to be conveyed under subsection (a),

10 the United States shall not be subject to liability as a prior

11 owner or operator under section 107(a)(2) of the Com12 prehensive Environmental Response, Compensation, and

13 Liability Act of 1980 (42 U.S.C. 9607(a)(2)), section 7003

14 of the Solid Waste Disposal Act (42 U.S.C. 6973), or any

15 similar State or local environmental liability law or regula16 tion with respect to any release of hazardous substances or

17 petroleum products from the landfill situated on such prop18 erty or arising out of the City’s use of the property to oper19 ate a landfill.

20 (3) Except as provided in paragraph (4), the indem21 nification provisions contained in the third proviso in the

22 undesignated paragraph under the heading ‘‘ENVIRON23 MENTAL RESTORATION, DEFENSE’’ in title II of the Depart24 ment of Defense Appropriations Act, 1993 (Public Law

25 102–396; 106 Stat. 1883) shall not apply with respect to
525

HR 2401 RH

1 the presence, release, or threatened release of hazardous sub2 stances, pollutants, or contaminants resulting from the use

3 of the real property to be conveyed under subsection (a) by

4 the City as a landfill.

5 (4) Nothing in paragraph (2) or (3) alters any liabil6 ity of the United States with respect to—

7 (A) releases of hazardous substances or petroleum

8 products from properties other than the real property

9 to be conveyed under subsection (a); or

10 (2) sites 3 and 12 located within the real prop11 erty to be conveyed under subsection (a).

12 (c) CONSIDERATION.—As consideration for the convey13 ance under subsection (a), the City shall pay to the United

14 States an amount equal to the fair market value of the real

15 property to be conveyed. The Secretary shall determine the

16 fair market value of the property. Such determination shall

17 be final.

18 (d) DEPOSIT OF PROCEEDS.—The Secretary shall de19 posit amounts received as consideration for the conveyance

20 under subsection (a) in the special account established pur21 suant to section 204(h) of the Federal Property and Admin22 istrative Services Act of 1949 (40 U.S.C. 485(h)).

23 (e) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis-
526

HR 2401 RH

1 factory to the Secretary. The cost of such survey shall be

2 borne by the City.

3 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under subsection (a) as

6 the Secretary considers to be necessary to protect the inter7 ests of the United States and are agreed to by the City.

8 SEC. 2827. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

10 Navy may convey to Peck Iron and Metal Company, Inc.

11 (in this section referred to as ‘‘Peck’’), all right, title, and

12 interest of the United States in and to a parcel of real prop13 erty consisting of approximately 1.45 acres, including im14 provements thereon, located in Portsmouth, Virginia, that,

15 on the date of the enactment of this Act, is leased to Peck

16 pursuant to Department of the Navy lease N62470–91–RP–

17 00261, effective August 1, 1991.

18 (b) CONSIDERATION.—As consideration for the convey19 ance under subsection (a), Peck shall pay to the United

20 States an amount equal to the fair market value of the

21 property to be conveyed, as determined by the Secretary.

22 (c) USE OF PROCEEDS.—The Secretary shall deposit

23 the amount received from Peck under subsection (b) in the

24 special account established pursuant to section 204(h) of the
527

HR 2401 RH

1 Federal Property and Administrative Services Act of 1949

2 (40 U.S.C. 485(h)).

3 (d) CONDITIONS.—Inasmuch as Peck has been the only

4 occupant of the property referred to in subsection (a) while

5 the property has been in the ownership of the United States,

6 the conveyance authorized by subsection (a) shall be subject

7 to the conditions that—

8 (1) Peck accept the property as is, notwithstand9 ing section 120(h) of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of

11 1980 (42 U.S.C. 9620(h)); and

12 (2) Peck indemnify the United States against all

13 liability in connection with any hazardous materials,

14 substances, or conditions which may be found on the

15 property.

16 (e) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of the real property to be conveyed

18 under subsection (a) shall be determined by a survey satis19 factory to the Secretary. The cost of such survey shall be

20 borne by Peck.

21 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions

23 in connection with the conveyance under subsection (a) as

24 the Secretary determines appropriate to protect the interests

25 of the United States.
528

HR 2401 RH

1 SEC. 2828. TRANSFER OF NATURAL GAS DISTRIBUTION SYS2 TEM AT FORT BELVOIR, VIRGINIA, TO THE

3 WASHINGTON GAS COMPANY.

4 (a) CONVEYANCE.—Subject to subsection (b), the Sec5 retary of the Army may convey to the Washington Gas

6 Company, Virginia, all right, title, and interest of the Unit7 ed States in the following real property natural gas system:

8 (1) All Government-owned utility fixtures, struc9 tures, and improvements used to provide natural gas

10 service to Fort Belvoir, Virginia, without the underly11 ing fee (land).

12 (2) Transfer includes a natural gas distribution

13 system consisting of approximately 15.6 miles of nat14 ural gas distribution lines and other improvements

15 thereon and appurtenances thereto at Fort Belvoir,

16 Virginia.

17 (3) A utility easement and right of way appur18 tenant which may be necessary or appropriate to pro19 vide for ingress and egress to and from the natural

20 gas system and to satisfy any buffer zone require21 ments imposed by any Federal or State agency.

22 (b) CONSIDERATION.—In consideration for the convey23 ance authorized in subsection (a), the Washington Gas

24 Company, shall—

25 (1) accept the natural gas system to be conveyed

26 under this section in its existing condition;
529

HR 2401 RH

1 (2) provide natural gas service to Fort Belvoir,

2 Virginia, at a beneficial rate to the Government;

3 (3) comply with all applicable environmental

4 laws and regulations including any permit or license

5 requirements;

6 (4) not expand the existing on-post natural gas

7 distribution system unless approved by the Installa8 tion Commander or his or her designee;

9 (5) take over the responsibility for ownership,

10 maintenance, repair, safety inspections, and leak test

11 surveys for the entire Fort Belvoir natural gas dis12 tribution system; and

13 (6) upgrade natural gas system at no cost to the

14 Government based on anticipated fuel oil conversions

15 to natural gas.

16 (c) TERMS.—Conveyance specified in subsection (a)

17 shall be subject to negotiation by and approval of the Sec18 retary of the Army as determined by him to be in the best

19 interests of the United States.

20 (d) REVERSION.—If the Secretary of the Army deter21 mines at any time that the Washington Gas Company is

22 not complying with the conditions specified in this section,

23 all right, title, and interest in and to the natural gas system

24 conveyed pursuant to subsection (a), including improve25 ments to the natural gas system, shall revert to the United
530

HR 2401 RH

1 States and the United States shall have the right to access

2 and operation of the natural gas system.

3 (e) DETERMINATION OF FAIR MARKET VALUE.—The

4 aggregate value of this transfer (value defined as benefits

5 to the Army), shall be certified by the Secretary to be of

6 equal or greater value than the fair market value of the

7 facility.

8 (f) DESCRIPTION OF PROPERTY.—The exact legal de9 scription of the equipment and facilities to be conveyed pur10 suant to this section shall be determined by surveys satisfac11 tory to the Secretary. The cost of such surveys shall be borne

12 by the Washington Gas Company.

13 (g) ENVIRONMENTAL COMPLIANCE.—The Washington

14 Gas Company, Virginia, shall be responsible for owning,

15 operating and installing natural gas distribution lines. The

16 Secretary of the Army will be responsible for clean-up of

17 any contaminated property prior to transfer pursuant to

18 the Comprehensive Environmental Response, Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

20 SEC. 2829. TRANSFER OF WATER DISTRIBUTION SYSTEM AT

21 FORT LEE, VIRGINIA, TO THE AMERICAN

22 WATER COMPANY.

23 (a) CONVEYANCE.—Subject to subsection (b), the Sec24 retary of the Army may convey to the American Water
531

HR 2401 RH

1 Company, Virginia, all right, title, and interest of the Unit2 ed States in the following real property water system:

3 (1) All Government-owned utility fixtures, struc4 tures, and improvements used to provide water service

5 and water distribution service to Fort Lee, Virginia,

6 without the underlying fee (land).

7 (2) Water system includes approximately 7 miles

8 of transmission mains, 85 miles of distribution and

9 service lines, 416 fire hydrants, 3 elevated storage

10 tanks, 2 pumping stations and other improvements

11 thereon and appurtenances thereto at Fort Lee, Vir12 ginia.

13 (3) A utility easement and right-of-way appur14 tenant which may be necessary or appropriate to pro15 vide for ingress and egress to and from the water sys16 tem and to satisfy any buffer zone requirements im17 posed by any Federal or State agency.

18 (b) CONSIDERATION.—In consideration for the convey19 ance authorized in subsection (a), the American Water

20 Company shall—

21 (1) accept the water system to be conveyed under

22 this section in its existing condition;

23 (2) provide water service to Fort Lee, Virginia,

24 at a beneficial rate to the Government;
532

HR 2401 RH

1 (3) comply with all applicable environmental

2 laws and regulations including any permit or license

3 requirements; and

4 (4) not expand the existing onpost water dis5 tribution system unless approved by the Installation

6 Commander or his or her designee.

7 (c) TERMS.—Conveyance specified in subsection (a)

8 shall be subject to negotiation by and approval of the Sec9 retary of the Army as determined by him to be in the best

10 interests of the United States.

11 (d) REVERSION.—If the Secretary of the Army deter12 mines at any time that the American Water Company is

13 not complying with the conditions specified in this section,

14 all right, title, and interest in and to the water system con15 veyed pursuant to subsection (a), including improvements

16 to the water system, shall revert to the United States and

17 the United States shall have the right of access and oper18 ation of the water system.

19 (e) DETERMINATION OF FAIR MARKET VALUE.—The

20 aggregate value of this transfer (value defined as benefits

21 to the Army), shall be certified by the Secretary to be of

22 equal or greater value than the fair market value of the

23 facility.

24 (f) DESCRIPTION OF PROPERTY.—The exact legal de25 scription of the equipment and facilities to be conveyed pur-
533

HR 2401 RH

1 suant to this section shall be determined by surveys satisfac2 tory to the Secretary. The cost of such surveys will be borne

3 by the American Water Company.

4 (g) ENVIRONMENTAL COMPLIANCE.—The American

5 Water Company will be responsible for compliance with all

6 applicable environmental laws and regulations including

7 any permit or license requirements. The American Water

8 Company will be responsible for executing and constructing

9 environmental betterments to the water system as required

10 by applicable law. The United States Army, based on the

11 availability of appropriated funding, will share future envi12 ronmental compliance costs based on a pro rata share of

13 the water distribution system as determined by the Sec14 retary under subsection (c). The Army will be responsible

15 for cleanup of any contaminated property prior to transfer

16 pursuant to the Comprehensive Environmental Response,

17 Compensation, and Liability Act of 1980 (42 U.S.C. 9601

18 et seq.).

19 SEC. 2830. TRANSFER OF WASTE WATER TREATMENT FACIL20 ITY AT FORT PICKETT, VIRGINIA, TO BLACK21 STONE, VIRGINIA.

22 (a) CONVEYANCE.—Subject to subsection (b), the Sec23 retary of the Army may convey to the town of Blackstone,

24 Virginia (in this section referred to as the ‘‘town’’), all
534

HR 2401 RH

1 right, title, and interest of the United States in the follow2 ing real property waste water treatment facility:

3 (1) A parcel of real property consisting of ap4 proximately 11.5 acres, including a waste water

5 treatment facility and other improvements thereon

6 and appurtenances thereto at Fort Pickett, Virginia.

7 (2) All utility easements and right-of-way ap8 purtenant which may be necessary or appropriate to

9 provide for ingress and egress to and from the facility

10 and to satisfy any buffer zone requirements imposed

11 by any Federal or State agency.

12 (b) CONSIDERATION.—In consideration for the convey13 ance authorized in subsection (a), the town shall—

14 (1) design and construct an environmental up15 grade to the existing plant to meet environmental

16 standards;

17 (2) provide waste water treatment service to Fort

18 Pickett, Virginia, at a beneficial rate to the Govern19 ment;

20 (3) comply with all applicable environmental

21 laws and regulations, including any permit or license

22 requirements;

23 (4) reserve 75 percent of the existing Fort Pick24 ett, Virginia, waste water plant capacity for the

25 Army’s use at Fort Pickett, Virginia, should a future
535

HR 2401 RH

1 need arise due to force realignment and mission re2 quirements; and

3 (5) become responsible for future environmental

4 cleanup of the facility in accordance with the Com5 prehensive Environmental Response, Compensation

6 and Liability Act resulting from customers other than

7 the United States Army.

8 (c) TERMS.—Conveyance specified in subsection (a)

9 shall be subject to negotiation by and approval of the Sec10 retary of the Army as determined by him to be in the best

11 interests of the United States.

12 (d) REVERSION.—If the Secretary of the Army deter13 mines at any time that the town is not complying with

14 the conditions specified in this section, all right, title, and

15 interest in and to the waste water treatment system con16 veyed pursuant to subsection (a), including improvements

17 to the waste water treatment system, shall revert to the

18 United States and the United States shall have the right

19 of access and operation of the waste water treatment system.

20 (e) DETERMINATION OF FAIR MARKET VALUE.—The

21 aggregate value of this transfer (value defined as benefits

22 to the Army), shall be certified by the Secretary to be of

23 equal or greater value than the fair market value of the

24 facility.
536

HR 2401 RH

1 (f) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the property to be conveyed pursu3 ant to this section shall be determined by surveys satisfac4 tory to the Secretary. The cost of such surveys shall be borne

5 by the town.

6 (g) ENVIRONMENTAL COMPLIANCE.—The town shall be

7 responsible for compliance with all applicable environ8 mental laws and regulations including any permit or li9 cense requirements. The town shall also be responsible for

10 executing and constructing environmental betterments to

11 the plan as required by applicable law. The United States

12 Army based on the availability of appropriated funding

13 and the town will share future environmental compliance

14 costs based on a pro rata share of reserved plant capacity

15 as determined by the Secretary under subsection (c). The

16 Army will be responsible for cleanup of any contaminated

17 property prior to transfer pursuant to the Comprehensive

18 Environmental Response, Compensation, and Liability Act

19 of 1980 (42 U.S.C. 9601 et seq.).

20 SEC. 2831. TRANSFER OF WATER DISTRIBUTION SYSTEM

21 AND RESERVOIR AT STEWART ARMY SUBPOST

22 TO NEW WINDSOR, NEW YORK.

23 (a) CONVEYANCE.—Subject to subsection (b), the Sec24 retary of the Army may convey to the town of New Windsor,

25 New York (in this section referred to as the ‘‘town’’), all
537

HR 2401 RH

1 right, title, and interest of the United States in the follow2 ing real property water system:

3 (1) All Government-owned utility fixtures, struc4 tures, water reservoir, distribution plant, and im5 provements currently used to provide water service

6 and water distribution service to Stewart Army

7 Subpost, New York, and the surrounding area, to in8 clude the underlying fee (land) of the reservoir and

9 the water treatment plan.

10 (2) Transfer also includes all water transmission

11 mains, water distribution and service lines, fire hy12 drants, water pumping stations, and other improve13 ments thereon and appurtenances thereto at Stewart

14 Army Subpost, New York.

15 (3) A utility easement and right-of-way appur16 tenant which may be necessary or appropriate to pro17 vide for ingress and egress to and from the water sys18 tem and to satisfy any buffer zone requirements im19 posed by any Federal or State agency.

20 (b) CONSIDERATION.—In consideration for the convey21 ance authorized in subsection (a), the town shall—

22 (1) accept the water system to be conveyed under

23 this section in its existing conditions;
538

HR 2401 RH

1 (2) provide water service to Stewart Army

2 Subpost, New York, at a beneficial rate to the Govern3 ment;

4 (3) comply with all applicable environmental

5 laws and regulations including any permit or license

6 requirements; and

7 (4) not expand the existing on-post water service

8 system unless approved by the Installation Com9 mander or his or her designee.

10 (c) TERMS.—Conveyance specified in subsection (a)

11 shall be subject to negotiation by and approval of the Sec12 retary of the Army as determined by him to be in the best

13 interests of the United States.

14 (d) REVERSION.—If the Secretary of the Army deter15 mines at any time that the town is not complying with

16 the conditions specified in this section, all right, title, and

17 interest in and to the water system conveyed pursuant to

18 subsection (a), including improvements to the water system,

19 shall revert to the United States and the United States shall

20 have the right of access and operation of the water system.

21 (e) DETERMINATION OF FAIR MARKET VALUE.—The

22 aggregate value of this transfer (value defined as benefits

23 to the Army), shall be certified by the Secretary to be of

24 equal or greater value than the fair market value of the

25 facility.
539

HR 2401 RH

1 (f) DESCRIPTION OF PROPERTY.—The exact legal de2 scription of the equipment and facilities to be conveyed pur3 suant to this section shall be determined by surveys satisfac4 tory to the Secretary. The cost of such surveys will be born

5 by the town.

6 (g) ENVIRONMENTAL COMPLIANCE.—The town will be

7 responsible for compliance with all applicable environ8 mental laws and regulations including any permit or li9 cense requirements. The town will be responsible for execut10 ing and constructing environmental betterments to the

11 water system as required by applicable law. The United

12 States Army, based on the availability of appropriated

13 funding, will share future environmental compliance costs

14 based on a pro rata share of the water distribution system

15 as determined by the Secretary under subsection (c). The

16 Army will be responsible for cleanup of any contaminated

17 property prior to transfer pursuant to the Comprehensive

18 Environmental Response, Compensation, and Liability Act

19 of 1980 (42 U.S.C. 9601 et seq.).

20 SEC. 2832. EXPANSION OF LAND TRANSACTION AUTHORITY

21 INVOLVING HUNTERS POINT NAVAL SHIP22 YARD, SAN FRANCISCO, CALIFORNIA.

23 Section 2824(a) of the Military Construction Author24 ization Act for Fiscal Year 1991 (division B of Public Law
540

HR 2401 RH

1 101–510; 104 Stat. 1790) is amended by adding at the end

2 the following new paragraph:

3 ‘‘(3) In lieu of entering into a lease under paragraph

4 (1), the Secretary may convey the property described in

5 such paragraph to the City (or a local reuse organization

6 approved by the City) for such consideration and under

7 such terms as the Secretary considers to be appropriate.’’.

8 SEC. 2833. MODIFICATION OF LEASE AUTHORITY, NAVAL

9 SUPPLY CENTER, OAKLAND, CALIFORNIA.

10 (a) EXPANSION OF NUMBER OF ACRES FOR LEASE.—

11 Paragraph (1) of subsection (b) of section 2834 of the Mili12 tary Construction Authorization Act for Fiscal Year 1993

13 (division B of Public Law 102–484; 106 Stat. 2614) is

14 amended by striking out ‘‘195 acres of real property’’ and

15 inserting in lieu thereof ‘‘300 acres of real property’’.

16 (b) DEMOLITION.—Paragraph (6) of such subsection is

17 amended to read as follows:

18 ‘‘(6) Subject to the availability of appropriations for

19 this purpose, the Secretary shall expend not more than

20 $10,000,000 to demolish facilities and remediate environ21 mental hazards within the area to be leased under this sub22 section. In addition, the Secretary may authorize the City

23 or the Port (as the case may be) to demolish any additional

24 facilities on the leased property and, consistent with the re-
541

HR 2401 RH

1 strictions required by paragraph (2)(B), construct new fa2 cilities on the property for the use of the City or the Port.’’.

3 SEC. 2834. LAND CONVEYANCE, IOWA ARMY AMMUNITION

4 PLANT, IOWA.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

6 Army may convey to the City of Middletown, Iowa (in this

7 section referred to as the ‘‘City’’), all right, title, and inter8 est of the United States in and to a tract of real property

9 (including improvements thereon) consisting of approxi10 mately 127 acres at the Iowa Army Ammunition Plant,

11 Iowa. The conveyance shall be made at the request of the

12 City.

13 (b) CONSIDERATION.—As consideration for the convey14 ance under subsection (a), the City shall pay to the United

15 States an amount equal to the fair market value of the

16 property to be conveyed. The Secretary shall determine fair

17 market value, and such determination shall be final.

18 (c) LEGAL DESCRIPTION AND SURVEY.—The exact

19 acreage and legal description of the property authorized to

20 be conveyed under subsection (a) shall be determined by a

21 survey that is satisfactory to the Secretary.

22 (d) OTHER TERMS AND CONDITIONS.—The Secretary

23 may require such other terms and conditions with respect

24 to the conveyance as the Secretary considers appropriate

25 to protect the interests of the United States.
542

HR 2401 RH

1 SEC. 2835. TRANSFER OF ELECTRIC POWER DISTRIBUTION

2 SYSTEM AT NAVAL AIR STATION, ALAMEDA,

3 CALIFORNIA, TO THE CITY OF ALAMEDA BU4 REAU OF ELECTRICITY.

5 (a) CONVEYANCE.—The Secretary of the Navy may

6 convey to the Bureau of Electricity of the City of Alameda,

7 California (in this section referred to as the ‘‘Bureau’’), all

8 right, title, and interest of the United States in and to the

9 electric power distribution system located at the Naval Air

10 Station, Alameda, California, including such utility ease11 ments and right of ways as may be necessary or appro12 priate to provide for ingress and egress to and from the

13 system.

14 (b) CONSIDERATION.—(1) As consideration for the con15 veyance authorized in subsection (a), the Bureau shall—

16 (A) accept the system to be conveyed under this

17 section in its existing condition;

18 (B) provide electric power to the Naval Air Sta19 tion at a beneficial rate to the Government;

20 (C) comply with all applicable environmental

21 laws and regulations, including any permit or license

22 requirements;

23 (D) not expand the existing system without the

24 approval of the Secretary; and
543

HR 2401 RH

1 (E) take over the responsibility for ownership,

2 operation, maintenance, repair, and safety inspec3 tions for the system.

4 (c) TERMS.—Conveyance specified in subsection (a)

5 shall be subject to negotiation by and approval of the Sec6 retary.

7 (d) REVERSION.—If the Secretary determines at any

8 time that the Bureau is not complying with the conditions

9 specified in this section, all right, title, and interest in and

10 to the system conveyed pursuant to subsection (a), including

11 improvements to the system, shall revert to the United

12 States and the United States shall have the right to access

13 and operation of the system.

14 (e) DETERMINATION OF FAIR MARKET VALUE.—The

15 aggregate value of this conveyance (value defined as benefits

16 to the Navy), shall be certified by the Secretary to be of

17 equal or greater value than the fair market value of the

18 system.

19 (f) DESCRIPTION OF PROPERTY.—The exact legal de20 scription of the equipment and facilities to be conveyed

21 under this section shall be determined by surveys satisfac22 tory to the Secretary. The cost of such surveys shall be borne

23 by the Bureau.

24 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions
544

HR 2401 RH

1 in connection with the conveyance under subsection (a) as

2 the Secretary considers to be necessary to protect the inter3 ests of the United States.

4 Subtitle D—Other Matters

5 SEC. 2841. FLOOD CONTROL PROJECT.

6 (a) COYOTE AND BERRYESSA CREEKS, SANTA CLARA

7 COUNTY, CALIFORNIA.—The Secretary of the Army is di8 rected to construct a flood control project for Coyote and

9 Berryessa Creeks in Santa Clara County, California, using

10 amounts appropriated for civil works activities of the Corps

11 of Engineers for fiscal year 1994.

12 (b) MAXIMUM COST REQUIREMENT.—Section 902 of

13 the Water Resources Development Act of 1986 (100 Stat.

14 4183) shall not apply with respect to the project described

15 in subsection (a).

16 SEC. 2842. USE OF ARMY CORPS OF ENGINEERS TO MANAGE

17 MILITARY CONSTRUCTION PROJECTS IN HA18 WAII.

19 All military construction and military family housing

20 carried out in the State of Hawaii for the Armed Forces

21 and Defense Agencies using funds appropriated pursuant

22 to an authorization of appropriations contained in this di23 vision shall be designed and conducted through the use of

24 the Army Corps of Engineers.
545

HR 2401 RH

1 SEC. 2843. SPECIAL RULE FOR MILITARY CONSTRUCTION

2 ON CERTAIN LANDS IN THE STATE OF HA3 WAII.

4 (a) CONSULTATION AND CONCURRENCE.—In the case

5 of any military construction project in the State of Hawaii

6 to be carried out at a military installation located on public

7 lands that were ceded to the United States by the Republic

8 of Hawaii under the joint resolution of annexation ap9 proved July 7, 1898 (30 Stat. 750), or that have been ac10 quired in exchange for such lands, the Secretary concerned

11 may not enter into any obligation or make any expenditure

12 in connection with the project until the Secretary concerned

13 has—

14 (1) consulted with the Governor of the State of

15 Hawaii regarding the purpose and extent of the

16 project; and

17 (2) obtained the written concurrence of the Gov18 ernor to proceed with the project.

19 (b) DEFINITIONS.—For purposes of this section:

20 (1) The term ‘‘Secretary concerned’’ means—

21 (A) the Secretary of Defense, in the case of

22 military construction functions (including mili23 tary family housing functions) of the Depart24 ment of Defense, other than the military depart25 ments; and
546

HR 2401 RH

1 (B) the Secretary of a military department,

2 in the case of military construction functions

3 (including military family housing functions) of

4 that department.

5 (2) The term ‘‘military installation’’ means any

6 base, camp, post, station, yard, center, homeport facil7 ity for any ship, or other activity under the jurisdic8 tion of the Department of Defense.

9 (3) The term ‘‘military construction’’ has the

10 meaning given that term in section 2801(a) of title

11 10, United States Code.

12 (c) APPLICATION.—This section shall apply with re13 spect to military construction projects described in sub14 section (a) for which appropriated funds are first obligated

15 after the date of the enactment of this Act.
547

HR 2401 RH

1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. WEAPONS ACTIVITIES.

11 (a) OPERATING EXPENSES.—Funds are hereby author12 ized to be appropriated to the Department of Energy for

13 fiscal year 1994 for operating expenses incurred in carrying

14 out weapons activities necessary for national security pro15 grams in the amount of $3,662,954,000, to be allocated as

16 follows:

17 (1) For research and development,

18 $1,119,325,000.

19 (2) For testing, $222,383,000.

20 (3) For stockpile support, $1,802,280,000.

21 (4) For program direction, $280,466,000.

22 (5) For complex reconfiguration, $138,500,000.

23 (6) For stockpile stewardship, $100,000,000.

24 (b) PLANT PROJECTS.—Funds are hereby authorized

25 to be appropriated to the Department of Energy for fiscal
548

HR 2401 RH

1 year 1994 for plant projects (including maintenance, res2 toration, planning, construction, acquisition, modification

3 of facilities, and the continuation of projects authorized in

4 prior years, and land acquisition related thereto) in carry5 ing out weapons activities necessary for national security

6 programs as follows:

7 Project GPD–101, general plant projects,

8 various locations, $11,500,000.

9 Project GPD–121, general plant projects,

10 various locations, $7,700,000.

11 Project 94–D–102, nuclear weapons re12 search, development, and testing facilities revi13 talization, Phase V, various locations,

14 $11,110,000.

15 Project 94–D–124, hydrogen fluoride supply

16 system, Oak Ridge Y–12 Plant, Oak Ridge, Ten17 nessee, $5,000,000.

18 Project 94–D–125, upgrade life safety, Kan19 sas City Plant, Kansas City, Missouri,

20 $1,000,000.

21 Project 94–D–127, emergency notification

22 system, Pantex Plant, Amarillo, Texas,

23 $1,000,000.
549

HR 2401 RH

1 Project 94–D–128, environmental safety

2 and health analytical laboratory, Pantex Plant,

3 Amarillo, Texas, $800,000.

4 Project 93–D–102, Nevada support facility,

5 North Las Vegas, Nevada, $4,000,000.

6 Project 93–D–122, life safety upgrades, Y–

7 12 Plant, Oak Ridge, Tennessee, $5,000,000.

8 Project 93–D–123, complex–21, various lo9 cations, $25,000,000.

10 Project 92–D–102, nuclear weapons re11 search, development, and testing facilities revi12 talization, Phase IV, various locations,

13 $27,479,000.

14 Project 92–D–126, replace emergency notifi15 cation systems, various locations, $10,500,000.

16 Project 90–D–102, nuclear weapons re17 search, development, and testing facilities revi18 talization, Phase III, various locations,

19 $30,805,000.

20 Project 88–D–106, nuclear weapons re21 search, development, and testing facilities revi22 talization, Phase II, various locations,

23 $39,624,000.

24 Project 88–D–122, facilities capability as25 surance program, various locations, $27,100,000.
550

HR 2401 RH

1 Project 88–D–123, security enhancements,

2 Pantex Plant, Amarillo, Texas, $20,000,000.

3 (c) CAPITAL EQUIPMENT.—Funds are hereby author4 ized to be appropriated to the Department of Energy for

5 fiscal year 1994 for capital equipment not related to con6 struction in carrying out weapons activities necessary for

7 national security programs in the amount of $123,034,000,

8 to be allocated as follows:

9 (1) For research and development, $82,879,000.

10 (2) For testing, $24,400,000.

11 (3) For stockpile support, $12,136,000.

12 (4) For program direction, $3,619,000.

13 (d) ADJUSTMENTS FOR SAVINGS.—The total amount

14 authorized to be appropriated pursuant to this section is

15 the sum of the amounts specified in subsections (a) through

16 (c) reduced by $420,641,000 for use of prior year balances.

17 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

18 MANAGEMENT.

19 (a) OPERATING EXPENSES.—Funds are hereby author20 ized to be appropriated to the Department of Energy for

21 fiscal year 1994 for operating expenses incurred in carrying

22 out environmental restoration and waste management ac23 tivities necessary for national security programs in the

24 amount of $4,832,213,000, to be allocated as follows:

25 (1) For corrective activities, $2,170,000.
551

HR 2401 RH

1 (2) For environmental restoration,

2 $1,536,027,000.

3 (3) For waste management, $2,275,441,000.

4 (4) For technology development, $371,150,000.

5 (5) For transportation management,

6 $19,730,000.

7 (6) For program direction, $82,427,000.

8 (7) For facility transition, $545,268,000.

9 (b) PLANT PROJECTS.—Funds are hereby authorized

10 to be appropriated to the Department of Energy for fiscal

11 year 1994 for plant projects (including maintenance, res12 toration, planning, construction, acquisition, modification

13 of facilities, and the continuation of projects authorized in

14 prior years, and land acquisition related thereto) in carry15 ing out environmental restoration and waste management

16 activities necessary for national security programs as fol17 lows:

18 Project GPD–171, general plant projects, various

19 locations, $49,015,000.

20 Project 94–D–122, underground storage tanks,

21 Rocky Flats, Colorado, $700,000.

22 Project 94–D–400, high explosive wastewater

23 treatment system, Los Alamos National Laboratory,

24 Los Alamos, New Mexico, $1,000,000.
552

HR 2401 RH

1 Project 94–D–401, emergency response facility,

2 Idaho National Engineering Laboratory, Idaho,

3 $1,190,000.

4 Project 94–D–402, liquid waste treatment sys5 tem, Nevada Test Site, Nevada, $491,000.

6 Project 94–D–404, Melton Valley storage tank

7 capacity increase, Oak Ridge National Laboratory,

8 Oak Ridge, Tennessee, $9,400,000.

9 Project 94–D–405, central neutralization facility

10 pipeline extension project, K–25, Oak Ridge, Ten11 nessee, $1,714,000.

12 Project 94–D–406, low-level waste disposal facili13 ties, K–25, Oak Ridge, Tennessee, $6,000,000.

14 Project 94–D–407, initial tank retrieval systems,

15 Richland, Washington, $7,000,000.

16 Project 94–D–408, office facilities—200 East,

17 Richland, Washington, $1,200,000.

18 Project 94–D–411, solid waste operation com19 plex, Richland, Washington, $7,100,000.

20 Project 94–D–412, 300 area process sewer piping

21 upgrade, Richland, Washington, $1,100,000.

22 Project 94–D–414, site 300 explosive waste stor23 age facility, Lawrence Livermore National Labora24 tory, Livermore, California, $370,000.
553

HR 2401 RH

1 Project 94–D–415, medical facilities, Idaho Na2 tional Engineering Laboratory, Idaho, $1,110,000.

3 Project 94–D–416, solvent storage tanks installa4 tion, Savannah River, South Carolina, $1,500,000.

5 Project 94–D–417, intermediate level and low ac6 tivity waste vaults, Savannah River Site, Aiken,

7 South Carolina, $1,000,000.

8 Project 94–D–451, infrastructure replacement,

9 Rocky Flats Plant, Golden, Colorado, $6,600,000.

10 Project 93–D–172, electrical upgrade, Idaho Na11 tional Engineering Laboratory, Idaho, $9,600,000.

12 Project 93–D–174, plant drain waste water

13 treatment upgrades, Y–12 Plant, Oak Ridge, Ten14 nessee, $3,500,000.

15 Project 93–D–175, industrial waste compaction

16 facility, Y–12 Plant, Oak Ridge, Tennessee,

17 $1,800,000.

18 Project 93–D–176, Oak Ridge reservation storage

19 facility, K–25 Plant, Oak Ridge, Tennessee,

20 $6,039,000.

21 Project 93–D–177, disposal of K–1515 sanitary

22 water treatment plant waste, K–25 Plant, Oak Ridge,

23 Tennessee, $7,100,000.
554

HR 2401 RH

1 Project 93–D–178, building 374 liquid waste

2 treatment facility, Rocky Flats, Golden, Colorado,

3 $1,000,000.

4 Project 93–D–181, radioactive liquid waste line

5 replacement, Richland, Washington, $6,700,000.

6 Project 93–D–182, replacement of cross-site

7 transfer system, Richland, Washington, $6,500,000.

8 Project 93–D–183, multi-tank waste storage fa9 cility, Richland, Washington, $52,615,000.

10 Project 93–D–184, 325 facility compliance/ren11 ovation, Richland, Washington, $3,500,000.

12 Project 93–D–185, landlord program safety com13 pliance, Phase II, Richland, Washington, $1,351,000.

14 Project 93–D–187, high-level waste removal from

15 filled waste tanks, Savannah River, Aiken, South

16 Carolina, $13,230,000.

17 Project 93–D–188, new sanitary landfill, Savan18 nah River, Aiken, South Carolina, $1,020,000.

19 Project 92–D–125, master safeguards and secu20 rity agreement/materials surveillance task force secu21 rity upgrades, Rocky Flats Plant, Golden, Colorado,

22 $3,900,000.

23 Project 92–D–172, hazardous waste treatment

24 and processing facility, Pantex Plant, Amarillo,

25 Texas, $300,000.
555

HR 2401 RH

1 Project 92–D–173, nitrogen oxide abatement fa2 cility, Idaho Chemical Processing Plant, Idaho Na3 tional Engineering Laboratory, Idaho, $10,000,000.

4 Project 92–D–177, tank 101–AZ waste retrieval

5 system Richland, Washington, $7,000,000.

6 Project 92–D–181, INEL fire and life safety im7 provements, Idaho National Engineering Laboratory,

8 Idaho, $5,000,000.

9 Project 92–D–182, INEL sewer system upgrade,

10 Idaho National Engineering Laboratory, Idaho,

11 $1,450,000.

12 Project 92–D–183, INEL transportation com13 plex, Idaho National Engineering Laboratory, Idaho,

14 $7,198,000.

15 Project 92–D–184, Hanford infrastructure un16 derground storage tanks, Richland, Washington,

17 $300,000.

18 Project 92–D–186, steam system rehabilitation,

19 Phase II, Richland, Washington, $4,300,000.

20 Project 92–D–187, 300 area electrical distribu21 tion, conversion, and safety improvements, Phase II,

22 Richland, Washington, $10,276,000.

23 Project 92–D–188, waste management ES&H,

24 and compliance activities, various locations,

25 $8,568,000.
556

HR 2401 RH

1 Project 92–D–403, tank upgrade project, Law2 rence Livermore National Laboratory California,

3 $3,888,000.

4 Project 91–D–171, waste receiving and process5 ing facility, module 1, Richland, Washington,

6 $17,700,000.

7 Project 91–D–175, 300 area electrical distribu8 tion, conversion, and safety improvements, Phase I,

9 Richland, Washington, $1,500,000.

10 Project 90–D–172, aging waste transfer line,

11 Richland, Washington, $5,600,000.

12 Project 90–D–175, landlord program safety com13 pliance–I, Richland, Washington, $1,800,000.

14 Project 90–D–177, RWMC transuranic (TRU)

15 waste characterization and storage facility, Idaho Na16 tional Engineering Laboratory, Idaho, $21,700,000.

17 Project 89–D–172, Hanford environmental com18 pliance, Richland, Washington, $11,700,000.

19 Project 89–D–173, tank farm ventilation up20 grade, Richland, Washington, $1,800,000.

21 Project 89–D–174, replacement high-level waste

22 evaporator, Savannah River, South Carolina,

23 $23,974,000.
557

HR 2401 RH

1 Project 89–D–175, hazardous waste/mixed waste

2 disposal facility, Savannah River, South Carolina,

3 $7,000,000.

4 Project 88–D–173, Hanford waste vitrification

5 plant, Richland, Washington, $85,000,000.

6 Project 87–D–181, diversion box and pump pit

7 containment buildings, Savannah River, South Caro8 lina, $2,137,000.

9 Project 86–D–103, decontamination and waste

10 treatment facility, Lawrence Livermore National

11 Laboratory, California, $10,260,000.

12 Project 83–D–148, nonradioactive hazardous

13 waste management, Savannah River, South Carolina,

14 $9,769,000.

15 Project 81–T–105, defense waste processing facil16 ity, Savannah River, South Carolina, $43,873,000.

17 (c) CAPITAL EQUIPMENT.—Funds are hereby author18 ized to be appropriated to the Department of Energy for

19 fiscal year 1994 for capital equipment not related to con20 struction in carrying out environmental restoration and

21 waste management activities necessary for national security

22 programs in the amount of $203,826,000, to be allocated

23 as follows:

24 (1) For corrective activities, $600,000.

25 (2) For waste management, $138,781,000.
558

HR 2401 RH

1 (3) For technology development, $29,850,000.

2 (4) For transportation management, $400,000.

3 (5) For program direction, $9,469,000.

4 (6) For facility transition and management,

5 $24,726,000.

6 (d) ADJUSTMENTS.—The total amount authorized to

7 be appropriated pursuant to this section is the sum of the

8 amounts specified in subsections (a) through (c) reduced by

9 $299,100,000 for use of prior year balances and for a gen10 eral reduction.

11 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE12 FENSE PROGRAMS.

13 (a) OPERATING EXPENSES.—Funds are hereby author14 ized to be appropriated to the Department of Energy for

15 fiscal year 1994 for operating expenses incurred in carrying

16 out nuclear materials support and other defense programs

17 necessary for national security programs in the amount of

18 $2,226,039,000, to be allocated as follows:

19 (1) For nuclear materials support, $901,166,000.

20 (2) For verification and control technology,

21 $349,741,000.

22 (3) For nuclear safeguards and security,

23 $86,246,000.

24 (4) For security investigations, $53,335,000.

25 (5) For security evaluations, $14,961,000.
559

HR 2401 RH

1 (6) For nuclear safety, $24,859,000.

2 (7) For worker training and adjustment,

3 $100,000,000.

4 (8) For naval reactors, including enrichment

5 materials, $695,731,000.

6 (b) PLANT PROJECTS.—Funds are hereby authorized

7 to be appropriated to the Department of Energy for fiscal

8 year 1994 for plant projects (including maintenance, res9 toration, planning, construction, acquisition, modification

10 of facilities, and the continuation of projects authorized in

11 prior years, and land acquisition related thereto) in carry12 ing out nuclear materials production and other defense pro13 grams necessary for national security programs as follows:

14 (1) For materials support:

15 Project GPD–146, general plant projects,

16 various locations, $31,760,000.

17 Project 93–D–147, domestic water system

18 upgrade, Phases I and II, Savannah River,

19 South Carolina, $7,720,000.

20 Project 93–D–148, replace high-level drain

21 lines, Savannah River, South Carolina,

22 $1,800,000.

23 Project 93–D–152, environmental modifica24 tion for production facilities, Savannah River,

25 South Carolina, $20,000,000.
560

HR 2401 RH

1 Project 92–D–140, F&H canyon exhaust

2 upgrades, Savannah River, South Carolina,

3 $15,000,000.

4 Project 92–D–142, nuclear material process5 ing training center, Savannah River, South

6 Carolina, $8,900,000.

7 Project 92–D–143, health protection instru8 ment calibration facility, Savannah River,

9 South Carolina, $9,600,000.

10 Project 92–D–150, operations support fa11 cilities, Savannah River, South Carolina,

12 $26,900,000.

13 Project 92–D–153, engineering support fa14 cility, Savannah River, South Carolina,

15 $9,500,000.

16 Project 90–D–149, plantwide fire protec17 tion, Phases I and II, Savannah River, South

18 Carolina, $25,950,000.

19 Project 86–D–149, productivity retention

20 program, Phases I, II, III, IV, V, and VI, var21 ious locations, $3,700,000.

22 (2) For verification and control technology:

23 Project 90–D–186, center for national secu24 rity and arms control, Sandia National Labora25 tories, Albuquerque, New Mexico, $8,515,000.
561

HR 2401 RH

1 (3) For naval reactors development:

2 Project GPN–101, general plant projects,

3 various locations, $7,500,000.

4 Project 93–D–200, engineering services fa5 cilities, Knolls Atomic Power Laboratory,

6 Niskayuna, New York, $7,000,000.

7 Project 92–D–200, laboratories facilities up8 grades, various locations, $2,800,000.

9 Project 90–N–102, expended core facility

10 dry cell project, Naval Reactors Facility, Idaho,

11 $7,800,000.

12 (c) CAPITAL EQUIPMENT.—Funds are hereby author13 ized to be appropriated to the Department of Energy for

14 fiscal year 1994 for capital equipment not related to con15 struction in carrying out nuclear materials production and

16 other defense programs necessary for national security pro17 grams as follows:

18 (1) For materials support, $75,209,000.

19 (2) For verification and control technology,

20 $15,573,000.

21 (3) For nuclear safeguards and security,

22 $4,101,000.

23 (4) For nuclear safety, $50,000.

24 (5) For naval reactors, $46,900,000.
562

HR 2401 RH

1 (d) ADJUSTMENTS.—The total amount that may be

2 appropriated pursuant to this section is the sum of the

3 amounts specified in subsections (a) through (c)—

4 (1) reduced by—

5 (A) $100,000,000, for recovery of overpay6 ment to the Savannah River Pension Fund;

7 (B) $251,065,000, for use of prior year bal8 ances for materials support and other defense

9 programs;

10 (C) $100,067,000, for use of prior year bal11 ances for the new production reactor; and

12 (D) $110,000,000, for a general reduction;

13 and

14 (2) increased by $58,000,000 for education pro15 grams.

16 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

17 Funds are authorized to be appropriated to the De18 partment of Energy for fiscal year 1994 for operating ex19 penses incurred in carrying out the nuclear waste fund pro20 gram in the amount of $120,000,000.

21 SEC. 3105. FUNDING USES AND LIMITATIONS.

22 (a) DEFENSE INERTIAL CONFINEMENT FUSION PRO23 GRAM.—Of the funds authorized to be appropriated to the

24 Department of Energy for fiscal year 1994 for operating

25 expenses and plant and capital equipment, $188,413,000
563

HR 2401 RH

1 shall be available for the defense inertial confinement fusion

2 program.

3 (b) PAYMENT OF PENALTY.—The Secretary of Energy

4 may pay to the Hazardous Substance Superfund, from

5 funds appropriated to the Department of Energy for envi6 ronmental restoration and waste management activities

7 pursuant to section 3102, a stipulated civil penalty in the

8 amount of $100,000 assessed in accordance with Article

9 XIX of the Hanford Consent Agreement and Compliance

10 Order.

11 (c) CERTAIN WATER MANAGEMENT PROGRAMS.—

12 From funds authorized to be appropriated pursuant to sec13 tion 3102 to the Department of Energy for environmental

14 restoration and waste management activities, the Secretary

15 of Energy may reimburse the cities of Westminster, Broom16 field, Thornton, and Northglen, in the State of Colorado,

17 $11,300,000 for the cost of implementing water manage18 ment programs.

19 (d) TECHNOLOGY TRANSFER ACTIVITIES.—(1)(A) The

20 Secretary of Energy may use for technology transfer activi21 ties described in subparagraph (B) funds appropriated or

22 otherwise made available to the Department of Energy for

23 fiscal year 1994 for stockpile support under section 3101

24 and for nuclear materials support and other defense pro25 grams under section 3103.
564

HR 2401 RH

1 (B) The technology transfer activities that may be

2 funded under this paragraph are those that are determined

3 by the Secretary of Energy to facilitate the maintenance

4 and enhancement of critical skills required for research on,

5 and development of, any dual-use critical technology.

6 (2) The Secretary of Energy shall conduct the tech7 nology transfer activities funded under paragraph (1) in

8 accordance with applicable laws and regulations relating

9 to grants, contracts, and cooperative agreements of the De10 partment of Energy, including the Stevenson-Wydler Tech11 nology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), the

12 National Competitiveness Technology Transfer Act of 1989

13 (Public Law 101–189; 103 Stat. 1674), and section 3136

14 of the National Defense Authorization Act for Fiscal Years

15 1992 and 1993 (Public Law 102–190; 105 Stat. 1577).

16 (3) For purposes of this subsection, the term ‘‘dual17 use critical technology’’ has the meaning given that term

18 by section 3136(b) of the National Defense Authorization

19 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

20 105 Stat. 1577).

21 (4) Section 12(d) of the Stevenson-Wydler Act of 1980

22 (15 U.S.C. 3710a(d)) is amended—

23 (A) in paragraph (2)(B)—
565

HR 2401 RH

1 (i) by inserting ‘‘(including a weapon pro2 duction facility of the Department of Energy)’’

3 after ‘‘facilities under a common contract’’; and

4 (ii) by inserting ‘‘and production’’ after

5 ‘‘research and development’’;

6 (B) in paragraph (2), by striking out ‘‘propul7 sion program; and’’ and inserting in lieu thereof

8 ‘‘propulsion program;’’;

9 (C) in paragraph (3), by striking out the period

10 and inserting in lieu thereof ‘‘; and’’; and

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

12 paragraph:

13 ‘‘(4) the term ‘weapon production facility of the

14 Department of Energy’ means a facility under the

15 control or jurisdiction of the Secretary of Energy that

16 is operated for national security purposes and is en17 gaged in the production of a nuclear weapon or its

18 components.’’.

19 (e) PROHIBITION ON RESEARCH AND DEVELOPMENT

20 OF LOW-YIELD NUCLEAR WEAPONS.—(1) The Congress

21 finds the following:

22 (A) Section 507 of the Energy and Water Devel23 opment Appropriations Act, 1993 (Public Law 102–

24 377; 106 Stat. 1345) places severe restrictions on the
566

HR 2401 RH

1 underground testing of a nuclear weapon by the Unit2 ed States.

3 (B) The use of low-yield nuclear weapons threat4 ens to blur the distinction between nuclear and non5 nuclear conflict.

6 (2) It shall be the policy of the United States not to

7 conduct research and development of new low-yield nuclear

8 weapons, including the precision low-yield warhead.

9 (3) No funds appropriated pursuant to this Act or any

10 other Act in any fiscal year may be used to conduct or pro11 vide for the research and development of any low-yield nu12 clear weapon which, as of the date of the enactment of this

13 Act, has not entered production.

14 (4) In this subsection, the term ‘‘low-yield nuclear

15 weapon’’ means a nuclear weapon that has a yield less than

16 the lowest yield nuclear weapon type in the nuclear weap17 ons stockpile in existence on the date of the enactment of

18 this Act.

19 Subtitle B—Recurring General

20 Provisions

21 SEC. 3121. REPROGRAMMING.

22 (a) NOTICE TO CONGRESS.—

23 (1) Except as otherwise provided in this title—
567

HR 2401 RH

1 (A) no amount appropriated pursuant to

2 this title may be used for any program in excess

3 of the lesser of—

4 (i) 105 percent of the amount author5 ized for that program by this title; or

6 (ii) $10,000,000 more than the amount

7 authorized for that program by this title;

8 and

9 (B) no amount appropriated pursuant to

10 this title may be used for any program which

11 has not been presented to, or requested of, the

12 Congress.

13 (2) An action described in paragraph (1) may

14 not be taken until—

15 (A) the Secretary of Energy has submitted

16 to the congressional defense committees a report

17 containing a full and complete statement of the

18 action proposed to be taken and the facts and

19 circumstances relied upon in support of such

20 proposed action; and

21 (B) a period of 30 days has elapsed after

22 the date on which the report is received by the

23 committees.

24 (3) In the computation of the 30-day period

25 under paragraph (2), there shall be excluded any day
568

HR 2401 RH

1 on which either House of Congress is not in session

2 because of an adjournment of more than 3 calendar

3 days to a day certain.

4 (b) LIMITATION ON AMOUNT OBLIGATED.—In no event

5 may the total amount of funds obligated pursuant to this

6 title exceed the total amount authorized to be appropriated

7 by this title.

8 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

9 (a) IN GENERAL.—The Secretary of Energy may carry

10 out any construction project under the general plant

11 projects provisions authorized by this title if the total esti12 mated cost of the construction project does not exceed

13 $1,200,000.

14 (b) REPORT TO CONGRESS.—If, at any time during

15 the construction of any general plant project authorized by

16 this title, the estimated cost of the project is revised because

17 of unforeseen cost variations and the revised cost of the

18 project exceeds $1,200,000, the Secretary shall immediately

19 furnish a complete report to the congressional defense com20 mittees explaining the reasons for the cost variation.

21 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

22 (a) IN GENERAL.—

23 (1) Except as provided in paragraph (2), con24 struction on a construction project may not be started

25 or additional obligations incurred in connection with
569

HR 2401 RH

1 the project above the total estimated cost, whenever the

2 current estimated cost of the construction project,

3 which is authorized by sections 3101, 3102, 3103, and

4 3104 of this title, or which is in support of national

5 security programs of the Department of Energy and

6 was authorized by any previous Act, exceeds by more

7 than 25 percent the higher of—

8 (A) the amount authorized for the project;

9 or

10 (B) the amount of the total estimated cost

11 for the project as shown in the most recent budg12 et justification data submitted to Congress.

13 (2) An action described in paragraph (1) may be

14 taken if—

15 (A) the Secretary of Energy has submitted

16 to the congressional defense committees a report

17 on the actions and the circumstances making

18 such actions necessary; and

19 (B) a period of 30 days has elapsed after

20 the date on which the report is received by the

21 committees.

22 (3) In the computation of the 30-day period

23 under paragraph (2), there shall be excluded any day

24 on which either House of Congress is not in session
570

HR 2401 RH

1 because of an adjournment of more than 3 calendar

2 days to a day certain.

3 (b) EXCEPTION.—Subsection (a) shall not apply to

4 any construction project which has a current estimated cost

5 of less than $5,000,000.

6 SEC. 3124. FUND TRANSFER AUTHORITY.

7 Funds appropriated pursuant to this title may be

8 transferred to other agencies of the Government for the per9 formance of the work for which the funds were appro10 priated, and funds so transferred may be merged with the

11 appropriations of the agency to which the funds are trans12 ferred.

13 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

14 (a) IN GENERAL.—

15 (1) Within the amounts authorized by this title

16 for plant engineering and design, the Secretary of

17 Energy may carry out advance planning and con18 struction design (including architectural and engi19 neering services) in connection with a proposed con20 struction project for a national security program if

21 the total estimated cost for such planning and design

22 does not exceed $2,000,000.

23 (2) In the case of any such project in which the

24 total estimated cost for advance planning and design

25 exceeds $300,000, the Secretary shall notify the con-
571

HR 2401 RH

1 gressional defense committees in writing of the details

2 of such project at least 30 days before any funds are

3 obligated for design services for such project.

4 (b) SPECIFIC AUTHORITY REQUIRED.—In any case in

5 which the total estimated cost for advance planning and

6 construction design in connection with any such construc7 tion project exceeds $2,000,000, funds for such planning

8 and design must be specifically authorized by law.

9 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE10 SIGN, AND CONSTRUCTION ACTIVITIES.

11 (a) AUTHORITY.—The Secretary of Energy may use

12 any funds available to the Department of Energy, including

13 those funds authorized to be appropriated for advance plan14 ning and construction design under sections 3101, 3102,

15 3103, 3104, to perform planning, design, and construction

16 activities for any Department of Energy defense activity

17 construction project that, as determined by the Secretary,

18 must proceed expeditiously in order to protect public health

19 and safety, meet the needs of national defense, or protect

20 property.

21 (b) LIMITATION.—The Secretary may not exercise the

22 authority under subsection (a) in the case of any construc23 tion project until the Secretary has submitted to the con24 gressional defense committees a report on the activities that
572

HR 2401 RH

1 the Secretary intends to carry out under this section and

2 the circumstances making such activities necessary.

3 (c) SPECIFIC AUTHORITY.—The requirement of section

4 3125(b) does not apply to emergency planning, design, and

5 construction activities conducted under this section.

6 (d) REPORT.—The Secretary of Energy shall promptly

7 report to the congressional defense committees any exercise

8 of authority under this section.

9 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU10 RITY PROGRAMS OF THE DEPARTMENT OF

11 ENERGY.

12 Subject to the provisions of appropriation Acts and

13 section 3121, amounts appropriated pursuant to this title

14 for management and support activities and for general

15 plant projects are available for use, when necessary, in con16 nection with all national security programs of the Depart17 ment of Energy.

18 SEC. 3128. AVAILABILITY OF FUNDS.

19 When so specified in an appropriation Act, amounts

20 appropriated for operating expenses or for plant and cap21 ital equipment may remain available until expended.
573

HR 2401 RH

1 Subtitle C—Other Provisions

2 SEC. 3131. IMPROVED CONGRESSIONAL OVERSIGHT OF DE3 PARTMENT OF ENERGY SPECIAL ACCESS PRO4 GRAMS.

5 (a) IN GENERAL.—Chapter 9 of the Atomic Energy

6 Act of 1954 (42 U.S.C. 2121 et seq.) is amended by adding

7 at the end the following new section:

8 ‘‘SEC. 93. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS

9 PROGRAMS.

10 ‘‘(a) ANNUAL REPORT ON SPECIAL ACCESS PRO11 GRAMS.—

12 ‘‘(1) IN GENERAL.—Not later than February 1 of

13 each year, the Secretary of Energy shall submit to the

14 congressional defense committees a report on special

15 access programs of the Department of Energy carried

16 out under the atomic energy defense activities of the

17 Department.

18 ‘‘(2) MATTERS TO BE INCLUDED.—Each such re19 port shall set forth—

20 ‘‘(A) the total amount requested for such

21 programs in the President’s budget for the next

22 fiscal year submitted under section 1105 of title

23 31, United States Code; and

24 ‘‘(B) for each such program in that budget

25 the following:
574

HR 2401 RH

1 ‘‘(i) A brief description of the program.

2 ‘‘(ii) A brief discussion of the major

3 milestones established for the program.

4 ‘‘(iii) The actual cost of the program

5 for each fiscal year during which the pro6 gram has been conducted before the fiscal

7 year during which that budget is submitted.

8 ‘‘(iv) The estimated total cost of the

9 program and the estimated cost of the pro10 gram for (I) the current fiscal year, (II) the

11 fiscal year for which the budget is submit12 ted, and (III) each of the four succeeding

13 fiscal years during which the program is ex14 pected to be conducted.

15 ‘‘(b) ANNUAL REPORT ON NEW SPECIAL ACCESS PRO16 GRAMS.—

17 (1) IN GENERAL.—Not later than February 1 of

18 each year, the Secretary of Energy shall submit to the

19 congressional defense committees a report that, with

20 respect to each new special access program,

21 provides—

22 ‘‘(A) notice of the designation of the pro23 gram as a special access program; and

24 ‘‘(B) justification for such designation.
575

HR 2401 RH

1 ‘‘(2) MATTERS TO BE INCLUDED.—A report

2 under paragraph (1) with respect to a program shall

3 include—

4 ‘‘(A) the current estimate of the total pro5 gram cost for the program; and

6 ‘‘(B) an identification of existing programs

7 or technologies that are similar to the technology,

8 or that have a mission similar to the mission, of

9 the program that is the subject of the notice.

10 ‘‘(3) NEW SPECIAL ACCESS PROGRAM DE11 FINED.—In this subsection, the term ‘new special ac12 cess program’ means a special access program that

13 has not previously been covered in a notice and jus14 tification under this subsection.

15 ‘‘(c) REPORTS ON CHANGES IN CLASSIFICATION OF

16 SPECIAL ACCESS PROGRAMS.—

17 (1) NOTICE TO CONGRESSIONAL COMMITTEES.—

18 Whenever a change in the classification of a special

19 access program of the Department of Energy is

20 planned to be made or whenever classified informa21 tion concerning a special access program of the De22 partment of Energy is to be declassified and made

23 public, the Secretary of Energy shall submit to the

24 congressional defense committees a report containing

25 a description of the proposed change, the reasons for
576

HR 2401 RH

1 the proposed change, and notice of any public an2 nouncement planned to be made with respect to the

3 proposed change.

4 ‘‘(2) TIME FOR NOTICE.—Except as provided in

5 paragraph (3), any report referred to in paragraph

6 (1) shall be submitted not less than 14 days before the

7 date on which the proposed change or public an8 nouncement is to occur.

9 ‘‘(3) TIME WAIVER FOR EXCEPTIONAL CIR10 CUMSTANCES.—If the Secretary determines that be11 cause of exceptional circumstances the requirement of

12 paragraph (2) cannot be met with respect to a pro13 posed change or public announcement concerning a

14 special access program of the Department of Energy,

15 the Secretary may submit the report required by

16 paragraph (1) regarding the proposed change or pub17 lic announcement at any time before the proposed

18 change or public announcement is made and shall in19 clude in the report an explanation of the exceptional

20 circumstances.

21 ‘‘(d) NOTICE OF CHANGE IN SAP DESIGNATION CRI22 TERIA.—Whenever there is a modification or termination

23 of the policy and criteria used for designating a program

24 of the Department of Energy as a special access program,

25 the Secretary of Energy shall promptly notify the congres-
577

HR 2401 RH

1 sional defense committees of such modification or termi2 nation. Any such notification shall contain the reasons for

3 the modification or termination and, in the case of a modi4 fication, the provisions of the policy as modified.

5 ‘‘(e) WAIVER AUTHORITY.—

6 (1) IN GENERAL.—The Secretary of Energy may

7 waive any requirement under subsection (a), (b), or

8 (c) that certain information be included in a report

9 under that subsection if the Secretary determines that

10 inclusion of that information in the report would ad11 versely affect the national security. Any such waiver

12 shall be made on a case-by-case basis.

13 ‘‘(2) LIMITED NOTICE REQUIRED.—If the Sec14 retary exercises the authority provided under para15 graph (1), the Secretary shall provide the information

16 described in that subsection with respect to the special

17 access program concerned, and the justification for

18 the waiver, jointly to the chairman and ranking mi19 nority member of each of the congressional defense

20 committees.

21 ‘‘(f) REPORT AND WAIT FOR INITIATING NEW PRO22 GRAMS.—A special access program may not be initiated

23 until—

24 ‘‘(1) the congressional defense committees are no25 tified of the program; and
578

HR 2401 RH

1 ‘‘(2) a period of 30 days elapses after such notifi2 cation is received.

3 ‘‘(g) CONGRESSIONAL DEFENSE COMMITTEES DE4 FINED.—In this section, the term ‘congressional defense

5 committees’ means the Committees on Armed Services and

6 the Committees on Appropriations of the Senate and House

7 of Representatives.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents at

9 the beginning of the Atomic Energy Act of 1954 is amended

10 by inserting after the item relating to section 92 the follow11 ing new item:

‘‘Sec. 93. Congressional oversight of special access programs.’’.

12 SEC. 3132. BASELINE ENVIRONMENTAL MANAGEMENT RE13 PORTS.

14 (a) ENVIRONMENTAL RESTORATION REPORT.—At the

15 same time the President submits to the Congress the budget

16 for each fiscal year, the Secretary of Energy shall submit

17 to the Congress a report on the activities and projects nec18 essary to complete the environmental restoration of all De19 partment of Energy defense nuclear facilities not later than

20 the year 2019.

21 (b) WASTE MANAGEMENT REPORT.—Not later than 30

22 days after the date on which the President submits to the

23 Congress the budget for each fiscal year, the Secretary of

24 Energy shall submit to the Congress a report on all activi25 ties and projects for waste management, decontamination
579

HR 2401 RH

1 and decommissioning, and technology research and develop2 ment that are necessary for Department of Energy defense

3 nuclear facilities through the year 2019.

4 (c) CONTENTS OF REPORTS.—A report required under

5 subsection (a) or (b) shall be based on compliance with all

6 applicable provisions of law and shall—

7 (1) provide the estimated total cost of, and the

8 complete schedule for, the activities and projects cov9 ered by the report; and

10 (2) with respect to each such activity and

11 project, contain—

12 (A) a description of the activity or project;

13 (B) a description of the problem addressed

14 by the activity or project;

15 (C) the proposed remediation of the prob16 lem, if the remediation is known or decided;

17 (D) the estimated cost to complete the activ18 ity or project, including, where appropriate, the

19 cost for every five-year increment; and

20 (E) the estimated date for completion of the

21 project or activity, including, where appropriate,

22 progress milestones for every five-year increment.

23 (d) ANNUAL STATUS AND VARIANCE REPORT.—(1)

24 The Secretary of Energy shall annually submit to the Con25 gress, at the same time the President submits to the Con-
580

HR 2401 RH

1 gress the budget for a fiscal year (pursuant to section 1105

2 of title 31, United States Code), a status and variance re3 port on environmental restoration and waste management

4 activities and projects at Department of Energy defense nu5 clear facilities. The status and variance report shall contain

6 the following:

7 (A) Information on each such activity and

8 project for which funds were appropriated for the fis9 cal year immediately prior to the fiscal year during

10 which the status report is submitted, including the

11 following:

12 (i) Information on whether or not the activ13 ity or project has been completed, and informa14 tion on the estimated date of completion for ac15 tivities or projects that have not been completed.

16 (ii) The total amount of funds expended for

17 the activity or project, including the amount of

18 funds expended from amounts made available as

19 the result of supplemental appropriations or a

20 transfer of funds, and an estimate of the total

21 amount of funds required to complete the activ22 ity or project.

23 (iii) Information on whether the President

24 requested in the budget an amount of funds for

25 the activity or project for the fiscal year during
581

HR 2401 RH

1 which the status report is submitted, and wheth2 er such funds were appropriated or transferred.

3 (iv) An explanation of the reasons for any

4 projected cost variance of more than 10 percent

5 or $10,000,000, or any schedule delay of more

6 than six months, for the activity or project.

7 (B) A disaggregation of the funds appropriated

8 for Department of Energy defense environmental res9 toration and waste management, for the fiscal year

10 during which the status report is submitted, into the

11 activities and projects (including discrete parts of

12 multi-year activities and projects) that the Secretary

13 of Energy expects to accomplish during that fiscal

14 year.

15 (C) A disaggregation of the Department of En16 ergy defense environmental restoration and waste

17 management budget request for the fiscal year for

18 which the budget is submitted into the activities and

19 projects (including discrete parts of multi-year activi20 ties and projects) that the Secretary of Energy expects

21 to accomplish during that fiscal year.

22 (2) The first annual report required under paragraph

23 (1) shall be submitted at the same time the President sub24 mits to the Congress the budget for fiscal year 1995. A sub25 sequent annual report under this subsection shall be submit-
582

HR 2401 RH

1 ted for each fiscal year following fiscal year 1995 during

2 which the Secretary of Energy conducts environmental res3 toration activities and projects.

4 (e) COMPLIANCE TRACKING.—In preparing a report

5 under this section, the Secretary of Energy shall provide

6 with respect to each activity and project identified in the

7 report information which is sufficient to track the Depart8 ment of Energy’s compliance with relevant Federal and

9 State regulatory milestones.

10 SEC. 3133. EXPANSION OF AUTHORITY TO LOAN PERSON11 NEL AND FACILITIES.

12 (a) AUTHORITY TO LOAN PERSONNEL.—Subsection

13 (a)(1)(A) of section 1434 of the National Defense Authoriza14 tion Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

15 2074) is amended—

16 (1) in clause (i), by striking out ‘‘and’’ after the

17 semicolon;

18 (2) in clause (ii), by striking out the period and

19 inserting in lieu thereof ‘‘; and’’; and

20 (3) by adding after clause (ii) the following new

21 clause:

22 ‘‘(iii) at the Savannah River Site, South Caro23 lina, to loan personnel in accordance with this section

24 to the community development organization known as
583

HR 2401 RH

1 the Savannah River Regional Diversification Initia2 tive.’’.

3 (b) PURPOSE.—Subsection (a)(1)(B) of such section is

4 amended by striking out ‘‘the Hanford Reservation and the

5 Idaho National Engineering Laboratory’’ and inserting in

6 lieu thereof ‘‘the Hanford Reservation, the Idaho National

7 Engineering Laboratory, and the Savannah River Site’’.

8 (c) AUTHORITY TO LOAN FACILITIES.—Subsection (b)

9 of such section is amended by striking out ‘‘or the Idaho

10 National Engineering Laboratory, Idaho,’’ and inserting in

11 lieu thereof ‘‘the Idaho National Engineering Laboratory,

12 Idaho, and the Savannah River Site, South Carolina,’’.

13 (d) DURATION OF PROGRAM.—Subsection (c) of such

14 program is amended by striking out ‘‘terminate on’’ and

15 all that follows through the period and inserting in lieu

16 thereof the following: ‘‘terminate on—

17 ‘‘(1) September 30, 1993, with respect to the

18 Hanford Reservation;

19 ‘‘(2) September 30, 1994, with respect to the

20 Idaho National Engineering Laboratory; and

21 ‘‘(3) September 30, 1995, with respect to the Sa22 vannah River Site.’’.
584

HR 2401 RH

1 SEC. 3134. MODIFICATION OF PAYMENT PROVISION.

2 Section 1532(a) of the Department of Defense Author3 ization Act, 1986 (42 U.S.C. 2391 note), is amended by

4 striking out ‘‘1996’’ and inserting in lieu thereof ‘‘1995’’.

5 SEC. 3135. STOCKPILE STEWARDSHIP PROGRAM.

6 (a) ESTABLISHMENT.—The Secretary of Energy shall

7 establish a stewardship program to ensure the preservation

8 of the core intellectual and technical competencies of the

9 United States in nuclear weapons, including weapons de10 sign, system integration, manufacturing, security, use con11 trol, reliability assessment, and certification.

12 (b) PROGRAM ELEMENTS.—The program shall include

13 the following:

14 (1) An increased level of effort for advanced com15 putational capabilities to enhance the simulation and

16 modeling capabilities of the United States.

17 (2) An increased level of effort for above-ground

18 experimental programs, such as hydrotesting, high-en19 ergy lasers, inertial confinement fusion, plasma phys20 ics and materials research.

21 (3) Support for new facilities construction

22 projects that contribute to the experimental capabili23 ties of the United States, such as an advanced

24 hydrodynamics facility, the National Ignition Facil25 ity, and other facilities for above-ground experiments

26 to assess weapon effects.
585

HR 2401 RH

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Of funds

2 authorized to be appropriated to the Secretary of Energy

3 for fiscal year 1994 for weapons activities, $100,000,000

4 shall be available for the stewardship program established

5 in subsection (a).

6 SEC. 3136. COUNTER-PROLIFERATION PROGRAM.

7 (a) ESTABLISHMENT.—The Secretary of Energy, with

8 the concurrence of the Secretary of Defense and the Sec9 retary of State, shall establish a program to counter the

10 increasing threat of nuclear weapons proliferation.

11 (b) PROGRAM ELEMENTS.—The program established

12 pursuant to subsection (a) shall include the following:

13 (1) Ongoing counter-proliferation efforts within

14 the national security programs of the Department of

15 Energy.

16 (2) The establishment of a database and tracking

17 system to account for production, storage, and usage

18 of weapons-grade plutonium, uranium, and tritium

19 in the newly independent states of the former Soviet

20 Union and in other states, as appropriate.

21 (3) Increased research and development with re22 spect to the detection and disablement of terrorist

23 weapons.

24 (4) Increased support for—
586

HR 2401 RH

1 (A) weapons dismantlement and storage;

2 and

3 (B) information and intelligence gathering

4 on world-wide nuclear arsenals, nuclear weapons

5 development programs, and related nuclear pro6 grams.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—Of funds

8 authorized to be appropriated to the Secretary of Energy

9 for fiscal year 1994 for operating expenses for verification

10 and control technology, $5,000,000 shall be available for the

11 establishment of the database and tracking system referred

12 to in subsection (b)(2).

13 SEC. 3137. LIMITATIONS ON THE RECEIPT AND STORAGE OF

14 SPENT NUCLEAR FUEL FROM FOREIGN RE15 SEARCH REACTORS.

16 (a) PURPOSE.—It is the purpose of this section to reg17 ulate the receipt and storage of spent nuclear fuel at the

18 Department of Energy defense nuclear facility located at

19 the Savannah River Site, South Carolina.

20 (b) RECEIPT IN EMERGENCY SITUATIONS.—(1) When

21 the Secretary of Energy determines that emergency cir22 cumstances make it necessary to receive spent nuclear fuel

23 referred to in paragraph (2), the Secretary shall submit a

24 notification of that determination to the Committees on

25 Armed Services of the Senate and House of Representatives.
587

HR 2401 RH

1 The Secretary may not receive the spent nuclear fuel at the

2 Savannah River Site until 30 days (as computed in para3 graph (3)) have expired following the date on which the no4 tification is received by such committees.

5 (2) The spent nuclear fuel referred to in paragraph

6 (1) is nuclear fuel that—

7 (A) is originally exported to a foreign country

8 from the United States in the form of highly enriched

9 uranium; and

10 (B) is used in a research reactor by the Govern11 ment of a foreign country or by a foreign-owned or

12 foreign-controlled entity.

13 (3) For purposes of paragraph (1), days on which ei14 ther House is not in session because of an adjournment of

15 more than 3 days to a day certain or because of an adjourn16 ment sine die shall be excluded in the computation of such

17 30-day period.

18 (c) LIMITATION ON STORAGE.—The Secretary of En19 ergy may not receive and store at the Department of Energy

20 defense nuclear facility located at Savannah River Site,

21 South Carolina any spent nuclear fuel referred to in sub22 section (b)(2) in excess of the amount that is the capacity

23 of such fuel that may be received and stored at such facility,

24 until the completion of an environmental impact statement

25 (and the signing by the Secretary of a record of decision
588

HR 2401 RH

1 following such completion) under section 102(2)(c) of the

2 National Environmental Policy Act of 1969 (42 U.S.C.

3 4332(2)(c)) with respect to the receipt and storage of spent

4 nuclear fuel from foreign research reactors.

5 SEC. 3138. CONTRACT GOAL FOR SMALL DISADVANTAGED

6 BUSINESSES AND CERTAIN INSTITUTIONS OF

7 HIGHER EDUCATION.

8 (a) GOAL.—Except as provided in subsection (c), a

9 goal of 5 percent of the amount described in subsection (b)

10 shall be the objective of the Department of Energy in carry11 ing out national security programs of the Department in

12 each of fiscal years 1994 through 2000 for the total com13 bined amount obligated for contracts and subcontracts en14 tered into with—

15 (1) small business concerns, including mass

16 media and advertising firms, owned and controlled by

17 socially and economically disadvantaged individuals

18 (as such term is used in section 8(d) of the Small

19 Business Act (15 U.S.C. 637(d)) and regulations is20 sued under that section), the majority of the earnings

21 of which directly accrue to such individuals;

22 (2) historically Black colleges and universities;

23 and

24 (3) minority institutions (as defined in para25 graphs (3), (4), and (5) of section 312(b) of the High-
589

HR 2401 RH

1 er Education Act of 1965 (20 U.S.C. 1058)), includ2 ing any nonprofit research institution that was an

3 integral part of a historically Black college or univer4 sity before November 14, 1986.

5 (b) AMOUNT.—The requirements of subsection (a) for

6 any fiscal year apply to the combined total of the funds

7 obligated for contracts entered into by the Department of

8 Energy pursuant to competitive procedures for such fiscal

9 year for purposes of carrying out military applications of

10 nuclear energy and other national security programs of the

11 Department.

12 (c) APPLICABILITY.—Subsection (a) does not apply—

13 (1) to the extent to which the Secretary of En14 ergy determines that compelling national security

15 considerations require otherwise; and

16 (2) if the Secretary notifies Congress of such a

17 determination and the reasons for the determination.

18 TITLE XXXII—DEFENSE NU19 CLEAR FACILITIES SAFETY

20 BOARD AUTHORIZATION

21 SEC. 3201. AUTHORIZATION.

22 There are authorized to be appropriated for fiscal year

23 1994, $15,060,000 for the operation of the Defense Nuclear

24 Facilities Safety Board under chapter 21 of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
590

HR 2401 RH

1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. DEFINITIONS.

4 For purposes of this title:

5 (1) The term ‘‘National Defense Stockpile’’

6 means the stockpile provided for in section 4 of the

7 Strategic and Critical Materials Stock Piling Act (50

8 U.S.C. 98c).

9 (2) The term ‘‘National Defense Stockpile Trans10 action Fund’’ means the fund established under sec11 tion 9(a) of such Act (50 U.S.C. 98h(a)).

12 (3) The term ‘‘annual materials plan’’ means the

13 report containing an annual materials plan for the

14 operation of the National Defense Stockpile required

15 to be submitted to Congress each year under section

16 11(b) of such Act (50 U.S.C. 98h-2(b)).

17 SEC. 3302. DISPOSAL OF OBSOLETE AND EXCESS MATE18 RIALS CONTAINED IN THE NATIONAL DE19 FENSE STOCKPILE.

20 The President may dispose of obsolete and excess mate21 rials in the National Defense Stockpile, except that the

22 amount of funds received from the sale of such materials

23 may not exceed $500,000,000 in any fiscal year. All funds

24 received from the sale of materials under this section shall
591

HR 2401 RH

1 be deposited in the National Defense Stockpile Transaction

2 Fund.

3 SEC. 3303. MODIFICATION OF NOTICE AND WAIT REQUIRE4 MENTS FOR DEVIATIONS FROM ANNUAL MA5 TERIALS PLAN.

6 Section 5(a)(2) of the Strategic and Critical Materials

7 Stock Piling Act (50 U.S.C. 98d(a)(2)) is amended by strik8 ing out ‘‘and a period of 30 days’’ and all that follows

9 through ‘‘more than three days to a day certain.’’ and in10 serting in lieu thereof ‘‘and a period of 45 days has passed

11 from the date of the receipt of such statement by such com12 mittees.’’.

13 SEC. 3304. CONTINUATION OF LIMITATIONS ON THE DIS14 POSAL OF CHROMITE AND MANGANESE ORES

15 AND CHROMIUM AND MANGANESE FERRO.

16 (a) LIMITATION REGARDING CHROMITE AND MAN17 GANESE ORES.—During fiscal year 1994, the disposal of

18 chromite and manganese ores of metallurgical grade from

19 the National Defense Stockpile pursuant to any provision

20 of law may be made only for processing within the United

21 States and the territories and possessions of the United

22 States.

23 (b) LIMITATION REGARDING CHROMIUM AND MAN24 GANESE FERRO.—The disposal of chromium ferro and

25 manganese ferro from the National Defense Stockpile pursu-
592

HR 2401 RH

1 ant to any provision of law may not commence before Octo2 ber 1, 1994.

3 SEC. 3305. CONVERSION OF CHROMIUM ORE TO HIGH PU4 RITY ELECTROLYTIC CHROMIUM METAL.

5 (a) REQUIRED UPGRADING.—During each of fiscal

6 years 1994 through 1996, the President shall—

7 (1) obtain bids from domestic producers of high

8 purity electrolytic chromium metal; and

9 (2) award contracts for the conversion of chro10 mium ores held in the National Defense Stockpile into

11 high purity electrolytic chromium metal.

12 (b) QUANTITIES TO BE UPGRADED.—(1) Contracts

13 awarded under subsection (a) shall provide for the addition

14 of not less than 800 short tons of high purity electrolytic

15 chromium metal to the National Defense Stockpile during

16 each of the fiscal years covered by subsection (a).

17 (2) If, during any fiscal year referred to in subsection

18 (a), the minimum quantity of high purity electrolytic chro19 mium metal to be added to the National Defense Stockpile,

20 as required by paragraph (1), is not met, the quantity of

21 such material to be added to the stockpile in the next fiscal

22 year shall be increased by the quantity of the deficiency.
593

HR 2401 RH

1 TITLE XXXIV—CIVIL DEFENSE

2 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

3 There is hereby authorized to be appropriated

4 $146,391,000 for fiscal year 1994 for the purpose of carry5 ing out the Federal Civil Defense Act of 1950 (50 U.S.C.

6 App. 2251 et seq.).

7 SEC. 3402. MODERNIZATION OF THE CIVIL DEFENSE SYS8 TEM.

9 (a) DECLARATION OF POLICY.—Section 2 of the Fed10 eral Civil Defense Act of 1950 (50 U.S.C. App. 2251) is

11 amended to read as follows:

12 ‘‘SEC. 2. DECLARATION OF POLICY.

13 ‘‘The purpose of this Act is to provide a system of civil

14 defense for the protection of life and property in the United

15 States from hazards and to vest responsibility for civil de16 fense jointly in the Federal Government and the several

17 States and their political subdivisions. The Congress recog18 nizes that the organizational structure established jointly

19 by the Federal Government and the several States and their

20 political subdivisions for civil defense purposes can be effec21 tively utilized to provide relief and assistance to people in

22 areas of the United States struck by a hazard. The Federal

23 Government shall provide necessary direction, coordination,

24 and guidance and shall provide necessary assistance as au25 thorized in this Act.’’.
594

HR 2401 RH

1 (b) DEFINITION OF HAZARD.—Section 3 of the Federal

2 Civil Defense Act of 1950 (50 U.S.C. App. 2252) is

3 amended—

4 (1) by redesignating subsections (a) through (h)

5 as subsections (b) through (i), respectively;

6 (2) by inserting before subsection (b), as so redes7 ignated, the following new subsection (a):

8 ‘‘(a) The term ‘hazard’ means an emergency or disas9 ter resulting from—

10 ‘‘(1) a natural disaster; or

11 ‘‘(2) an accidental or man-caused event, includ12 ing a civil disturbance and an attack-related disas13 ter.’’;

14 (3) in subsection (b), as so redesignated—

15 (A) by striking out ‘‘attack’’ the first place

16 it appears and inserting in lieu thereof ‘‘attack17 related disaster’’; and

18 (B) by striking out ‘‘atomic’’ and inserting

19 in lieu thereof ‘‘nuclear’’;

20 (4) in subsection (c), as so redesignated, by strik21 ing out ‘‘and, for the purposes of this Act’’ and all

22 that follows through ‘‘natural disaster;’’ and inserting

23 in lieu thereof a period; and
595

HR 2401 RH

1 (5) by striking out subsection (d), as so redesig2 nated, and inserting in lieu thereof the following new

3 subsection:

4 ‘‘(d) The term ‘civil defense’ means all those activities

5 and measures designed or undertaken to minimize the ef6 fects of a hazard upon the civilian population, to deal with

7 the immediate emergency conditions which would be created

8 by the hazard, and to effectuate emergency repairs to, or

9 the emergency restoration of, vital utilities and facilities de10 stroyed or damaged by the hazard. Such term shall include

11 the following:

12 ‘‘(1) Measures to be undertaken in preparation

13 for anticipated hazards (including the establishment

14 of appropriate organizations, operational plans, and

15 supporting agreements, the recruitment and training

16 of personnel, the conduct of research, the procurement

17 and stockpiling of necessary materials and supplies,

18 the provision of suitable warning systems, the con19 struction or preparation of shelters, shelter areas, and

20 control centers, and, when appropriate, the non-mili21 tary evacuation of civil population).

22 ‘‘(2) Measures to be undertaken during a hazard

23 (including the enforcement of passive defense regula24 tions prescribed by duly established military or civil

25 authorities, the evacuation of personnel to shelter
596

HR 2401 RH

1 areas, the control of traffic and panic, and the control

2 and use of lighting and civil communications).

3 ‘‘(3) Measures to be undertaken following a haz4 ard (including activities for fire fighting, rescue,

5 emergency medical, health and sanitation services,

6 monitoring for specific dangers of special weapons,

7 unexploded bomb reconnaissance, essential debris

8 clearance, emergency welfare measures, and imme9 diately essential emergency repair or restoration of

10 damaged vital facilities).’’.

11 (c) CONFORMING AMENDMENTS TO REFLECT DEFINI12 TION OF HAZARD.—(1) Section 201 of the Federal Civil De13 fense Act of 1950 (50 U.S.C. App. 2281) is amended—

14 (A) in subsection (c), by striking out ‘‘an attack

15 or natural disaster’’ and inserting in lieu thereof ‘‘a

16 hazard’’;

17 (B) in subsection (d), by striking out ‘‘attacks

18 and natural disasters’’ and inserting in lieu thereof

19 ‘‘hazards’’; and

20 (C) in subsection (g)—

21 (i) by striking out ‘‘an attack or natural

22 disaster’’ the first place it appears and inserting

23 in lieu thereof ‘‘a hazard’’; and
597

HR 2401 RH

1 (ii) by striking out ‘‘undergoing an attack

2 or natural disaster’’ and inserting in lieu thereof

3 ‘‘experiencing a hazard’’.

4 (2) Section 205(d)(1) of such Act (50 U.S.C. App.

5 2286(d)(1)) is amended by striking out ‘‘natural disasters’’

6 and inserting in lieu thereof ‘‘hazards’’.

7 (d) STATE USE OF FUNDS FOR PREPARATION AND RE8 SPONSE.—(1) Section 207 of the Federal Civil Defense Act

9 of 1950 (50 U.S.C. App. 2289) is amended to read as fol10 lows:

11 ‘‘SEC. 207. USE OF FUNDS TO PREPARE FOR AND RESPOND

12 TO HAZARDS.

13 ‘‘Funds made available to the States under this Act

14 may be used by the States for the purposes of preparing

15 for, and providing emergency assistance in response to haz16 ards. Regulations prescribed to carry out this section shall

17 authorize the use of civil defense personnel, materials, and

18 facilities supported in whole or in part through contribu19 tions under this Act for civil defense activities and measures

20 related to hazards.’’.

21 (2) The item relating to section 207 in the table of

22 contents in the first section of such Act is amended to read

23 as follows:

‘‘Sec. 207. Use of funds to prepare for and respond to hazards.’’.
598

HR 2401 RH

1 (e) REPEAL OF OBSOLETE PROVISIONS.—(1) Title V

2 of the Federal Civil Defense Act of 1950 (50 U.S.C. App.

3 2301-2303) is repealed.

4 (2) The table of contents in the first section of such

5 Act is amended by striking out the items related to title

6 V.

7 (f) TECHNICAL AND CONFORMING AMENDMENTS.—(1)

8 The table of contents in the first section of the Federal Civil

9 Defense Act of 1950 is amended—

10 (A) by inserting after the item relating to section

11 204 the following new item:

‘‘Sec. 205. Contributions for personnel and administrative expenses.’’; and

12 (B) by inserting after the item relating to section

13 412 the following new item:

‘‘Sec. 413. Applicability of Reorganization Plan Numbered 1.’’.

14 (2) Section 3 of such Act (50 U.S.C. App. 2252), as

15 amended by subsection (b) of this section, is further

16 amended—

17 (A) in each of subsections (b), (e), (f), and (g),

18 as redesignated by subsection (b)(1) of this section, by

19 striking out the semicolon at the end and inserting in

20 lieu thereof a period; and

21 (B) in subsection (h), as so redesignated, by

22 striking out ‘‘; and’’ and inserting in lieu thereof a

23 period.
599

HR 2401 RH

1 (3) Section 205 of such Act (50 U.S.C. App. 2286) is

2 amended by striking out ‘‘SEC. 205.’’ and inserting in lieu

3 thereof the following:

4 ‘‘SEC. 205. CONTRIBUTIONS FOR PERSONNEL AND ADMINIS5 TRATIVE EXPENSES.’’.

6 (g) AMENDMENT FOR STYLISTIC CONSISTENCY.—The

7 Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251

8 et seq.) is further amended so that the section designation

9 and section heading of each section of such Act shall be in

10 the same form and typeface as the section designation and

11 heading of section 2 of such Act, as amended by subsection

12 (a) of this section.

Amend the title so as to read: ‘‘A bill to authorize

appropriations for fiscal year 1994 for military activities

of the Department of Defense, for military construction,

and for defense activities of the Department of Energy,

to prescribe personnel strengths for such fiscal year for

the Armed Forces, and for other purposes.’’.

HR 2401 RH——2

HR 2401 RH——3

HR 2401 RH——4

HR 2401 RH——5

HR 2401 RH——6

HR 2401 RH——7

HR 2401 RH——8
600

HR 2401 RH

HR 2401 RH——9

HR 2401 RH——10

HR 2401 RH——11

HR 2401 RH——12

HR 2401 RH——13

HR 2401 RH——14

HR 2401 RH——15

HR 2401 RH——16

HR 2401 RH——17

HR 2401 RH——18

HR 2401 RH——19

HR 2401 RH——20

HR 2401 RH——21

HR 2401 RH——22

HR 2401 RH——23

HR 2401 RH——24

HR 2401 RH——25

HR 2401 RH——26

HR 2401 RH——27

HR 2401 RH——28

HR 2401 RH——29

HR 2401 RH——30

HR 2401 RH——31

HR 2401 RH——32

HR 2401 RH——33
601

HR 2401 RH

HR 2401 RH——34

HR 2401 RH——35

HR 2401 RH——36

HR 2401 RH——37

HR 2401 RH——38

HR 2401 RH——39

HR 2401 RH——40