103D CONGRESS

1ST SESSION H. R. 2401

AN ACT

To authorize appropriations for fiscal year 1994 for

Armed Forces, and for other purposes.personnel strengths for such fiscal year for theties of the Department of Energy, to prescribefor military construction, and for defense activimilitary activities of the Department of Defense,
103D CONGRESS

1ST SESSION H. R. 2401

AN ACT

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.

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

3 SECTION 1. SHORT TITLE.

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

5 Authorization Act for Fiscal Year 1994’’.
2

HR 2401 EH

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

2 CONTENTS.

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

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

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

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

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

13 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.

Subtitle B—Army Programs

Sec. 111. Procurement of helicopters.

Sec. 112. TOW missile program.

Subtitle C—Navy Programs
3

HR 2401 EH

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

Sec. 122. Attack submarine programs.

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

Sec. 124. Long-term lease authority for certain roll-on/roll-off vessels.

Subtitle D—Air Force Programs (Nonstrategic)

Sec. 131. Intertheater airlift program.

Sec. 132. RC–135 aircraft program.

Sec. 133. Use of F–16 aircraft advance procurement funds for program termination costs.

Sec. 134. C–17 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. Study of Trident missile submarine program.

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.

Sec. 174. Conveyance of observation aircraft.

Sec. 175. Chemical demilitarization program.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorizations

Sec. 201. Authorization of appropriations.

Sec. 202. Manufacturing technology development.

Sec. 203. Reentry vehicle industrial base.

Sec. 204. Reallocation of certain R&D funds.

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
4

HR 2401 EH

Sec. 231. Funding for fiscal year 1994.

Sec. 232. Report on allocation of funds.

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.

Sec. 244. Clementine satellite program.

Sec. 245. Tactical and theater missile defenses.

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.

Sec. 266. Authorized use for facility constructed with prior defense grant funds.

Sec. 267. Grant to support establishment of research facility to study low-level

chemical sensitivities.

Sec. 268. Lyme disease 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.
5

HR 2401 EH

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.

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.

Sec. 324. Limitation on use of Government facilities for certain master ship repair agreements.

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. Continuation of certain percentage limitations on the performance of

depot-level maintenance.

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.

Sec. 347. Authority to waive certain claims of the United States.

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
6

HR 2401 EH

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.

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.

Sec. 375. Ships’ stores.

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.

Sec. 383. Annual report on reimbursement of contractor environmental response costs for other than response action contractors.

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
7

HR 2401 EH

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.

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.
8

HR 2401 EH

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

of applicants for appointment as cadet or midshipman and for

ROTC graduates.

Sec. 572. Reimbursement requirements for advanced education assistance.

Sec. 573. Recognition of powers of attorney notarized by defense notary public.

Sec. 574. Policy concerning homosexuality in the Armed Forces.

Sec. 575. Foreign language proficiency test program.

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
9

HR 2401 EH

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.

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.

Sec. 736. Report regarding demonstration programs for the sale of pharmaceuticals.

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. 818. Procurement of commercial and nondevelopmental items.
10

HR 2401 EH

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.

Sec. 825. Compliance with Buy American Act.

Sec. 826. Sense of Congress; requirement regarding notice.

Sec. 827. Prohibition of contracts.

Sec. 828. Reciprocity.

Sec. 829. Clarification of exclusion of military architectural and engineering

contracts under Small Business Competitiveness Demonstration program.

Sec. 830. Authority to dispose of equipment whose operation and support costs

exceed costs of procuring replacement equipment.

Sec. 831. Reports by defense contractors of dealings with terrorist countries.

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.

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.
11

HR 2401 EH

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.

Sec. 950. Reinvestigation by Defense Inspector General of certain cases of

death of members of the Armed Forces by self-inflicted

wounds.

Sec. 951. Prohibition of transfer of Naval Academy Preparatory School.

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. Humanitarian and civic assistance.

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

agencies.

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

Sec. 1008. Funding structure for contingency operations.

Sec. 1009. Increase in amount for CINC Initiative Fund.

Sec. 1010. Report on humanitarian assistance activities.

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.

Sec. 1023. Requirement to establish procedures for State and local governments

to buy law enforcement equipment in conjunction with Department of Defense.

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.
12

HR 2401 EH

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.

Sec. 1043. Sharing defense burdens and responsibilities.

Sec. 1044. Burdensharing contributions from designated countries and regional

organizations.

Sec. 1045. Modification of certain report requirements.

Sec. 1046. Redesignation of Hanford Arid Lands Ecology Reserve.

Sec. 1047. Sense of Congress regarding United States policy on plutonium.

Sec. 1048. North Korea and the Treaty on the Non-Proliferation of Nuclear

Weapons.

Sec. 1049. Aviation Leadership Program.

Sec. 1050. Public purpose extensions.

Sec. 1051. Involvement of armed forces in Somalia.

Sec. 1052. Nuclear nonproliferation.

Sec. 1053. Sense of Congress relating to the proliferation of space launch vehicle technologies.

Sec. 1054. Limitation on use of funds for certain plutonium storage by Russia.

Sec. 1055. Counterproliferation.

Sec. 1056. Report requirement.

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
13

HR 2401 EH

Sec. 1301. Short title.

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.

Sec. 1304. Dissemination of list of conversion, reinvestment, and transition 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.

Sec. 1318. Additional criteria for the selection of regional technology alliances.

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.

Sec. 1337. Amendments to defense diversification program under Job Training

Partnership Act.

Subtitle D—Other Matters
14

HR 2401 EH

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.

Sec. 1344. Regional retraining services clearinghouses.

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.

Sec. 1360. Restriction on use of defense conversion funds for the sale or transfer of defense articles or defense services.

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.

TITLE XV—NATIONAL COMMISSION ON ARMS CONTROL

Sec. 1501. Short title.

Sec. 1502. Findings.

Sec. 1503. Establishment.

Sec. 1504. Duties.

Sec. 1505. Membership.

Sec. 1506. Director and staff; experts and consultants.

Sec. 1507. Powers.

Sec. 1508. Report.

Sec. 1509. Termination.

Sec. 1510. Authorization of appropriations.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY
15

HR 2401 EH

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Construction of chemical munitions disposal facilities.

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.

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.
16

HR 2401 EH

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.

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.

Sec. 2819. Expansion of base closure law to include consideration of military

installations outside the United States for closure and realignment.

Sec. 2820. Limitations on the removal or disposal of personal property and

equipment in connection with the closure or major realignment

of military installations.

Sec. 2821. Preference for local and small businesses.

Sec. 2822. Pilot program to convey closed military installations to neighboring

communities.

Sec. 2823. Base disposal management cooperative agreement.

Subtitle C—Land Transactions

Sec. 2824. Modification of land conveyance, New London, Connecticut.

Sec. 2825. Land conveyance, Broward County, Florida.

Sec. 2826. Land conveyance, Naval Air Station, Oceana, Virginia.

Sec. 2827. Release of reversionary interest, Old Spanish Trail Armory, Harris

County, Texas.

Sec. 2828. Lease and joint use of certain real property, Marine Corps Base,

Camp Pendleton, California.
17

HR 2401 EH

Sec. 2829. Land conveyance, Craney Island Fuel Depot, Naval Supply Center,

Virginia.

Sec. 2830. Land conveyance, Portsmouth, Virginia.

Sec. 2831. Transfer of natural gas distribution system at Fort Belvoir, Virginia, to the Washington Gas Company.

Sec. 2832. Transfer of water distribution system at Fort Lee, Virginia, to the

American Water Company.

Sec. 2833. Transfer of waste water treatment facility at Fort Pickett, Virginia,

to Blackstone, Virginia.

Sec. 2834. Transfer of water distribution system and reservoir at Stewart Army

Subpost to New Windsor, New York.

Sec. 2835. Expansion of land transaction authority involving Hunters Point

Naval Shipyard, San Francisco, California.

Sec. 2836 Modification of lease authority, Naval Supply Center, Oakland, California.

Sec. 2837. Land conveyance, Iowa Army Ammunition Plant, Iowa.

Sec. 2838. Transfer of electric power distribution system at Naval Air Station,

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

Sec. 2839. Conveyance of surplus real property, Fort Ord, California.

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.

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
18

HR 2401 EH

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.

Sec. 3139. Prohibition on conduct of Safeguard C program.

Sec. 3140. Transfer or lease of property at Department of Energy weapon production facilities.

Sec. 3141. Prohibition on use of funds for advanced liquid metal reactor.

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.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

5 and House of Representatives.
19

HR 2401 EH

1 DIVISION A—DEPARTMENT OF

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1994 for procurement for the Army as follows:

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

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

11 (3) For weapons and tracked combat vehicles,

12 $876,997,000.

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

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

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 1994 for procurement for the Navy

18 as follows:

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

20 (2) For weapons, including missiles and tor21 pedoes, $2,764,824,000.

22 (3) For shipbuilding and conversion,

23 $4,160,188,000.

24 (4) For other procurement, $2,861,480,000.
20

HR 2401 EH

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

2 be appropriated for fiscal year 1994 for procurement for

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

4 (c) ADDITIONAL AMOUNT FOR PRODUCTION DESIGN

5 SUPPORT FOR DDG–51 PROGRAM.—Within the amount

6 provided in subsection (a)(3) for shipbuilding and

7 conversion—

8 (1) the amount available for Production Design

9 Support for the DDG–51 program is hereby in10 creased by $38,459,000; and

11 (2) the amount available for Outfitting is here12 by reduced by $38,459,000.

13 SEC. 103. AIR FORCE.

14 Funds are hereby authorized to be appropriated for

15 fiscal year 1994 for procurement for the Air Force as

16 follows:

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

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

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

20 SEC. 104. DEFENSE-WIDE ACTIVITIES.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1994 for defense-wide procurement in the

23 amount of $2,177,082,000.
21

HR 2401 EH

1 SEC. 105. DEFENSE INSPECTOR GENERAL.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1994 for procurement for the Defense Inspec4 tor General in the amount of $800,000.

5 SEC. 106. DEFENSE HEALTH PROGRAM.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1994 for procurement for the Defense Health

8 Program in the amount of $272,762,000.

9 SEC. 107. RESERVE COMPONENTS.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

11 are hereby authorized to be appropriated for fiscal year

12 1994 for procurement of aircraft, vehicles, communica13 tions equipment, and other equipment for the reserve com14 ponents of the Armed Forces as follows:

15 (1) For the Army National Guard,

16 $289,675,000.

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

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

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

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

21 (6) For the Marine Corps Reserve,

22 $65,500,000.

23 (b) MULTIPLE-LAUNCH ROCKET SYSTEM.—Of the

24 total number of Multiple-Launch Rocket System units ac25 quired with funds appropriated pursuant to the authoriza26 tion of appropriations in section 101 for the Army, the
22

HR 2401 EH

1 Secretary of the Army shall ensure that one battalion set

2 shall be authorized for and made available to the Army

3 National Guard.

4 SEC. 108. CHEMICAL DEMILITARIZATION PROGRAM.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 1994 for the destruction of lethal chemical

7 weapons in accordance with section 1412 of the Depart8 ment of Defense Authorization Act, 1986 (50 U.S.C.

9 1521), and for the destruction of other chemical warfare

10 materials that are not in the chemical weapons stockpile

11 in the amount of $114,500,000.

12 SEC. 109. NATIONAL SHIPBUILDING INITIATIVE.

13 Funds are hereby authorized to be appropriated for

14 fiscal year 1994 for the National Shipbuilding Initiative

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

16 of $200,000,000.

17 SEC. 110. DENIAL OF MULTIYEAR PROCUREMENT AUTHOR18 IZATION.

19 The Secretary of the Navy may not enter into a

20 multiyear procurement contract under section 2306(h) of

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

22 program.
23

HR 2401 EH

1 Subtitle B—Army Programs

2 SEC. 111. PROCUREMENT OF HELICOPTERS.

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

4 132(a)(2) of the National Defense Authorization Act for

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

6 Stat. 1382) does not apply to the obligation of funds in

7 amounts not to exceed $150,000,000 for the procurement

8 of not more than 10 AH–64 aircraft from funds appro9 priated for fiscal year 1994 pursuant to section 101.

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

11 section 133(a)(2) of the National Defense Authorization

12 Act for Fiscal Years 1990 and 1991 (Public Law 101–

13 189; 103 Stat. 1383) does not apply to the obligation of

14 funds in amounts not to exceed $225,000,000 for the pro15 curement of not more than 36 OH–58D AHIP Scout air16 craft from funds appropriated for fiscal year 1994 pursu17 ant to section 101.

18 SEC. 112. TOW MISSILE PROGRAM.

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

20 shall terminate the TOW missile program in accordance

21 with this section.

22 (2) Except as provided in subsection (b), funds ap23 propriated or otherwise made available to the Department

24 of Defense pursuant to this or any other Act may not be

25 obligated for the procurement of TOW missiles.
24

HR 2401 EH

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

2 (a)(2) does not apply to—

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

4 spare or repair parts for, TOW missiles described in

5 paragraph (2);

6 (B) completion of new production missiles de7 scribed in paragraph (2)(B); and

8 (C) the obligation of not more than

9 $75,282,000 from funds made available pursuant to

10 section 101(2) for the procurement of not more than

11 2,000 missiles and for payment of costs necessary to

12 terminate the TOW program.

13 (2) The missiles referred to in paragraph (1)(A)

14 are—

15 (A) TOW missiles acquired by the Department

16 of Defense on or before the date of the enactment

17 of this Act;

18 (B) TOW new production missiles for which

19 funds, other than funds for the procurement of long

20 lead items and other advance procurement, were ob21 ligated before the date of the enactment of this Act

22 and which are delivered to the Department of De23 fense on or after that date; and
25

HR 2401 EH

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

2 funds are available in accordance with subsection

3 (b)(1)(C).

4 Subtitle C—Navy Programs

5 SEC. 121. DDG–51 DESTROYER AND FAST SEALIFT PRO6 GRAMS.

7 None of the funds appropriated pursuant to section

8 102 for shipbuilding and conversion for the Navy for fiscal

9 year 1994 may be obligated for the DDG–51 guided mis10 sile destroyer program until—

11 (1) contracts for conversion of seven cargo ves12 sels specified under the National Sealift Program

13 have been awarded; and

14 (2) the Secretary of the Navy has transmitted

15 to the congressional defense committees notice that

16 those contracts have been awarded.

17 SEC. 122. ATTACK SUBMARINE PROGRAMS.

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

19 None of the funds described in subsection (b) may be obli20 gated until the Secretary of Defense submits to the con21 gressional defense committees a report concerning the lat22 est and best estimated cost of producing the SSN–21 and

23 SSN–22 Seawolf attack submarines, determined as of the

24 date of the enactment of this Act. The report shall state

25 the full cost for production of each vessel and shall identify
26

HR 2401 EH

1 the amount and source of funds available to the Navy for

2 each such vessel from funds appropriated for fiscal years

3 before fiscal year 1994.

4 (2) If the report under paragraph (1) discloses a

5 shortfall of available funds for either or both of the SSN–

6 21 and SSN–22 vessels that is not funded by another

7 source identified by the Secretary of Defense, the Sec8 retary of Defense shall, subject to the provisions of appro9 priations Acts, use the funds described in subsection

10 (b)(1) to the extent necessary to complete production of

11 those two vessels.

12 (b) FUNDS SUBJECT TO LIMITATION.—Funds sub13 ject to the limitation under subsection (a) are the follow14 ing:

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 pur19 poses of preserving the industrial base for submarine

20 construction (as specified at page 27 of the report

21 of the committee of conference to accompany the

22 conference report on H.R. 4990 of the 102d Con23 gress (House Report 102–530)).

24 (2) Funds appropriated pursuant to section 201

25 for research, development, test, and evaluation for
27

HR 2401 EH

1 the Navy for fiscal year 1994 that are available for

2 the new SSN (attack submarine) program for the

3 research and development stages designated as 6.3

4 and 6.4.

5 (c) NEW ATTACK SUBMARINE PROGRAM.—In addi6 tion to the limitation under subsection (a)(1), the funds

7 described in subsection (b)(2) may not be obligated until

8 the Secretary of Defense submits to the congressional de9 fense committees a certification that the Cost and Oper10 ational Effectiveness Analysis (COEA) process for the new

11 SSN (attack submarine) program has been completed.

12 The Secretary shall include with such certification a copy

13 of the analysis.

14 (d) REPORT ON PROPOSED USE OF FISCAL YEAR

15 1992 FUNDS.—(1) In addition to the limitation under

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

17 that remain available after any use of such funds under

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

19 of Defense submits to the congressional defense commit20 tees a report describing the Secretary’s plan for the use

21 of those funds and 30 days of continuous session of Con22 gress have expired following the date on which that report

23 is transmitted to Congress.

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

25 a session of Congress is broken only by an adjournment
28

HR 2401 EH

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

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

3 than 3 days to a day certain are excluded in the computa4 tion of such 30-day period.

5 (e) RETROACTIVE AUTHORIZATION.—The amount re6 ferred to in subsection (b)(1) shall be treated for all pur7 poses as having been authorized by law for fiscal year

8 1992 in accordance with section 114(a) of title 10, United

9 States 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 de14 scribed in subsection (b) without regard to the provisions

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

16 9081 of the Department of Defense Appropriations Act,

17 1990 (10 U.S.C. 2401 note).

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

19 any double-hull tanker or oceanographic vessel constructed

20 in a United States shipyard after the date of the enact21 ment of this Act using assistance provided under the Na22 tional Shipbuilding 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:
29

HR 2401 EH

1 (1) A statement that the obligation of the Unit2 ed States to make payments under the contract in

3 any fiscal year is subject to appropriations being

4 provided specifically for that fiscal year and specifi5 cally for 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 con12 stitute an obligation of the United States.

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

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

15 given that term in section 2401(d)(1)(A) of title 10, Unit16 ed States Code (without regard to subparagraph (B) of

17 that section).

18 SEC. 124. LONG-TERM LEASE AUTHORITY FOR CERTAIN

19 ROLL-ON/ROLL-OFF VESSELS.

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

21 enter into a long-term lease or charter for not more than

22 five vessels described in subsection (b) without regard to

23 the provisions of section 2401 of title 10, United States

24 Code, or section 9081 of the Department of Defense Ap25 propriations Act, 1990 (10 U.S.C. 2401 note).
30

HR 2401 EH

1 (b) COVERED VESSELS.—Subsection (a) applies to

2 roll-on/roll-off (RO/RO) vessels which are required by the

3 Department of Defense for prepositioning or related point4 to-point service and which, in the case of vessels for which

5 work is required to make the vessel eligible for such service

6 and for documentation under the laws of the United

7 States, have such work performed in a United States ship8 yard.

9 (c) LIMITATION ON SOURCE OF FUNDS.—The Sec10 retary may not use funds appropriated for the National

11 Defense Sealift program that are available for construc12 tion of vessels to enter into a contract for a lease or char13 ter pursuant to subsection (a).

14 (d) CONDITIONS ON OBLIGATION OF FUNDS.—The

15 Secretary may not enter into a contract for a lease or

16 charter pursuant to subsection (a) unless the contract in17 cludes the following provisions:

18 (1) A statement that the obligation of the Unit19 ed States to make payments under the contract in

20 any fiscal year is subject to appropriations being

21 provided specifically for that fiscal year and specifi22 cally for that lease or charter.

23 (2) A commitment to obligate the necessary

24 amount for each fiscal year covered by the contract
31

HR 2401 EH

1 when and to the extent that funds are appropriated

2 for that lease or charter for that fiscal year.

3 (3) A statement that such a commitment given

4 under paragraph (2) does not constitute an obliga5 tion of the United States.

6 (e) DEFINITION.—For purposes of subsection (a), the

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

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

9 States Code (without regard to subparagraph (B) of that

10 section).

11 Subtitle D—Air Force Programs

12 (Nonstrategic)

13 SEC. 131. INTERTHEATER AIRLIFT PROGRAM.

14 (a) LIMITATION.—None of the funds appropriated

15 pursuant to section 103 for procurement of airlift aircraft

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

17 until 45 days after the date on which the Secretary of

18 Defense submits to the congressional defense committees

19 the report referred to in subsection (b).

20 (b) REPORT REQUIREMENT.—A report under sub21 section (a) is a report in which the Secretary of Defense

22 provides—

23 (1) the Secretary’s recommendation for the air24 craft or mix of aircraft to be procured for the

25 intertheater airlift mission; and
32

HR 2401 EH

1 (2) the results of the activities under sub2 sections (c), (d), and (e).

3 (c) ESTABLISHMENT OF INTERTHEATER AIRLIFT

4 REQUIREMENTS.—The Secretary of Defense, after the

5 date of the enactment of this Act, shall establish the quali6 tative and quantitative intertheater airlift requirements of

7 the Department of Defense.

8 (d) COST AND OPERATIONAL EFFECTIVENESS ANAL9 YSIS.—The Secretary of Defense, after the date of the en10 actment of this Act, shall conduct a Cost and Operational

11 Effectiveness Analysis to determine the most cost effective

12 intertheater airlift alternative to satisfy the requirements

13 established pursuant to subsection (c). In carrying out

14 such analysis, the Secretary—

15 (1) shall consider all reasonable aircraft and

16 mixes of aircraft for the intertheater airlift mission,

17 including procurement of additional C–17 aircraft,

18 procurement of additional C–5 aircraft, procurement

19 of additional C–141 aircraft, carrying out a Service20 Life Extension Program (SLEP) for existing C–141

21 aircraft, and procurement of commercial wide-body

22 aircraft; and

23 (2) for the C–17 program, shall include appro24 priate restructure (or ‘‘work out’’) costs and the ex25 pected cost of claims against the Government.
33

HR 2401 EH

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

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

3 shall conduct a Defense Acquisition Board review based

4 on the results under those subsections.

5 SEC. 132. RC–135 AIRCRAFT PROGRAM.

6 (a) FISCAL YEAR 1994 FUNDS.—Of the funds au7 thorized to be appropriated in section 103 for procurement

8 of aircraft for the Air Force for fiscal year 1994,

9 $93,200,000 shall be available for reengining and modify10 ing two existing C–135 aircraft to the latest RC–135 Rivet

11 Joint configuration plus improvements necessary to sup12 port unique Navy requirements.

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

14 $56,962,000 made available under section 141 of the Na15 tional Defense Authorization Act for Fiscal Year 1993

16 (Public Law 102–484; 106 Stat. 2338) for modernizing

17 either Navy EP–3 aircraft or Air Force RC–135 aircraft

18 shall be made available for improvements to existing RC–

19 135 aircraft as though that aircraft had been selected by

20 the Secretary of Defense under section 141(b)(2) of such

21 Act.

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

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

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

25 2334) to reengine three existing RC–135 aircraft, if the
34

HR 2401 EH

1 RC–135 was selected by the Secretary of Defense under

2 section 141(b)(2) of such Act, shall be made available for

3 RC–135 reengining as though that aircraft had been so

4 selected.

5 SEC. 133. USE OF F–16 AIRCRAFT ADVANCE PROCUREMENT

6 FUNDS FOR PROGRAM TERMINATION COSTS.

7 (a) FUNDS FOR PROGRAM TERMINATION COSTS.—

8 Of the amount provided in section 103 for procurment of

9 aircraft for the Air Force, the amount of $70,800,000

10 shall be available only for program termination costs for

11 the F–16 aircraft program.

12 (b) PROHIBITION OF FUNDS FOR ADVANCE PRO13 CUREMENT.—None of the amount provided in section 103

14 for procurement of aircraft for the Air Force shall be

15 available for advance procurement of F–16 aircraft for fis16 cal year 1995.

17 SEC. 134. C–17 AIRCRAFT PROGRAM.

18 (a) WITHHOLDING OF PAYMENTS FOR SOFTWARE

19 NONCOMPLIANCE.—In accepting further delivery of C–17

20 aircraft that in accordance with existing C–17 contracts

21 require a waiver for software noncompliance, the Secretary

22 of Defense shall withhold from the unliquidated portion

23 of the progress payments for such aircraft an amount not

24 less than 1 percent of the total cost of such aircraft. The

25 withholding shall continue until the Secretary submits to
35

HR 2401 EH

1 each of the congressional committees named in subsection

2 (e) a report in which the Secretary certifies each of the

3 following:

4 (1) That C–17 software testing and avionics in5 tegration have been completed.

6 (2) That the costs of waivers for software non7 compliance have been identified and are in accord8 ance with the terms of existing C–17 contracts.

9 (b) CORRECTION OF WING DEFECTS.—Within 120

10 days after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to each of the congressional

12 committees named in subsection (e) a report in which the

13 Secretary certifies that, in accordance with the terms of

14 existing C–17 contracts, the contractor has identified and

15 is bearing each of the following:

16 (1) The costs related to wing structural defi17 ciencies (including the costs of redesign, static wing

18 failure repair, and retrofit for existing wing sets).

19 (2) The costs for required redesign, retesting,

20 and manufacture of C–17 slats and flaps to correct

21 identified deficiencies.

22 (c) ANALYSIS OF RANGE/PAYLOAD DEFICIENCY.—

23 Within 180 days after the date of the enactment of this

24 Act, the Secretary of Defense shall submit to each of the
36

HR 2401 EH

1 congressional committees named in subsection (e) a report

2 containing the following:

3 (1) An analysis of the operational impacts

4 caused by deficiencies in the range/payload specifica5 tion, as defined by the C–17 Lot III production con6 tract, including projected operational and mainte7 nance costs, such as the costs of required airborne

8 refueling due to range shortfalls.

9 (2) A schedule for securing from the contractor,

10 in accordance with the terms of existing C–17 con11 tracts, an equitable recovery for the operational im12 pacts caused by deficiencies in the range/payload

13 specification identified in the analysis required by

14 this section.

15 (d) REPORT CONTENTS.—Each report required by

16 this section shall include an itemization of the estimated

17 effect on total production costs caused by software non18 compliance, wing defects, or range/payload deficiency, as

19 applicable.

20 (e) CONGRESSIONAL COMMITTEES.—The committees

21 of Congress to which a report required by this section is

22 to be submitted are the following:

23 (1) The Committees on Armed Services of the

24 Senate and the House of Representatives.
37

HR 2401 EH

1 (2) The Committees on Appropriations of the

2 Senate and the House of Representatives.

3 (3) The Committee on Governmental Affairs of

4 the Senate and the Committee on Government Oper5 ations of the House of Representatives.

6 Subtitle E—Strategic Programs

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

8 (a) AMOUNT FOR PROGRAM.—Of the amount appro9 priated pursuant to section 103 for the Air Force for fiscal

10 year 1994 for procurement of aircraft, not more than

11 $911,300,000 may be obligated for procurement for the

12 B–2 bomber aircraft program.

13 (b) B–2 BUYOUT AND TERMINATION.—The funds re14 ferred to in subsection (a) may be obligated only for the

15 purpose of procurement associated with closing out the B–

16 2 bomber aircraft program, including amounts for pro17 curement of spares and parts for that aircraft.

18 (c) REAFFIRMATION OF LIMITATION ON NUMBER OF

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

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

21 Force may not procure more than 20 deployable B–2 air22 craft (plus one test aircraft which may not be made oper23 ational).

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

25 None of the funds appropriated pursuant to section 103
38

HR 2401 EH

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

2 for the B–2 bomber aircraft program until each of the

3 conditions specified in paragraphs (1), (2), and (3) of sec4 tion 151(d) of Public Law 102–484 (106 Stat. 2339), in5 cluding the condition requiring the enactment of an Act

6 which permits the obligation of certain funds for the pro7 curement of B–2 bomber aircraft, has been satisfied.

8 (e) DENIAL OF INTERIM NEAR-PRECISE MUNITIONS

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

10 use any funds appropriated for fiscal year 1994 or any

11 prior fiscal year for the development, integration, or acqui12 sition of an interim near-precise munitions capability for

13 the B–2 aircraft.

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

15 (A) The term ‘‘near-precise munitions capabil16 ity’’ means the capability that the Secretary of the

17 Air Force has proposed for the B–2 aircraft to be

18 produced by the Global Positioning System-aided

19 targeting system and Global Positioning System20 aided munitions.

21 (B) The term ‘‘interim’’, with respect to a mu22 nitions capability for the B–2 aircraft, means a ca23 pability proposed for the period before the availabil24 ity of the Joint Direct Attack Munition for that air25 craft.
39

HR 2401 EH

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

2 (a) INTERIM NEAR-PRECISE MUNITIONS PRO3 GRAM.—The Secretary of the Air Force shall initiate a

4 program for the production of Global Positioning System5 aided munitions (GAM) for 10 B–1 bomber aircraft. It

6 shall be the goal of the program to achieve an interim

7 near-precise munitions capability on 10 B–1 aircraft by

8 1996.

9 (b) AMOUNT FOR PROGRAM.—Of the amount author10 ized to be appropriated pursuant to section 103 for the

11 Air Force for fiscal year 1994 for procurement of aircraft,

12 $263,355,000 shall be available for procurement for B–

13 1B aircraft, of which $100,808,000 shall be available for

14 modification of inservice aircraft. Of the amount available

15 for modification of inservice aircraft, $50,000,000 shall be

16 available for the purchase of GAM kits to achieve the mu17 nitions capability described in subsection (a).

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

19 (a) FINAL PRODUCTION.—Of amounts appropriated

20 pursuant to section 102 for procurement of weapons (in21 cluding missiles and torpedoes) for the Navy for fiscal year

22 1994—

23 (1) not more than $983,300,000 may be obli24 gated for procurement of Trident II (D–5) missiles;

25 and
40

HR 2401 EH

1 (2) not more than $145,251,000 may be obli2 gated for advance procurement for production of D–

3 5 missiles for a fiscal year after fiscal year 1994.

4 (b) OPTIONS FOR ACHIEVING SLBM WARHEAD LIM5 ITATIONS.—Not later than April 1, 1994, the Secretary

6 of Defense shall submit to Congress a report on options

7 available for achieving the limitations on submarine8 launched ballistic missile (SLBM) warheads imposed by

9 the START II treaty at significantly reduced costs from

10 the costs planned during fiscal year 1994. The report shall

11 include an examination of the implications for those op12 tions of further reductions in the number of such war13 heads under further strategic arms reduction treaties.

14 SEC. 154. STUDY OF TRIDENT MISSILE SUBMARINE PRO15 GRAM.

16 The Secretary of Defense shall submit to the congres17 sional defense committees, not later than April 1, 1994,

18 a report comparing (1) modifying Trident I submarines

19 to enable those submarines to be deployed with D–5 mis20 siles, with (2) retaining the Trident I (C–4) missile on

21 the Trident I submarine. In preparing the report, the Sec22 retary shall include considerations of cost effectiveness,

23 force structure requirements, and future strategic flexibil24 ity of the Trident I and Trident II submarine programs.
41

HR 2401 EH

1 Subtitle F—Other Matters

2 SEC. 171. CHEMICAL MUNITIONS DISPOSAL FACILITIES,

3 TOOELE ARMY DEPOT, UTAH.

4 (a) LIMITATION PENDING CERTIFICATION.—After

5 January 1, 1994, none of the funds appropriated to the

6 Department of Defense for fiscal year 1993 or 1994 may

7 be obligated for the systemization of chemical munitions

8 disposal facilities at Tooele Army Depot, Utah, until the

9 Secretary of Defense submits to Congress a certification

10 described in subsection (b).

11 (b) CERTIFICATION REQUIREMENT.—A certification

12 referred to in subsection (a) is a certification submitted

13 by the Secretary of Defense to Congress that—

14 (1) the recommendations for the realignment of

15 Tooele Army Depot contained in the recommenda16 tions of the Defense Base Closure and Realignment

17 Commission approved by the President on July 6,

18 1993, will not jeopardize the health, safety, or wel19 fare of the community surrounding Tooele Army

20 Depot; and

21 (2) adequate base support, management, over22 sight, and security personnel to ensure the public

23 safety in the operation of chemical munitions dis24 posal facilities constructed and operated at Tooele

25 Army Depot will remain at that depot after the com-
42

HR 2401 EH

1 pletion of the realignment of that depot in accord2 ance with those recommendations.

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

4 shall include with a certification under this section a re5 port specifying by job title and category all base support,

6 management, oversight, and security personnel to be re7 tained at Tooele Army Depot after the realignment of that

8 depot is completed in accordance with the recommenda9 tions of the Defense Base Closure and Realignment Com10 mission referred to in subsection (b)(1).

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

12 the recommendations of the Defense Base Closure and Re13 alignment Commission approved by the President on July

14 6, 1993, are disapproved by law enacted in accordance

15 with section 2904(b) of the Defense Base Closure and Re16 alignment Act of 1990 (part A of title XXIX of Public

17 Law 101–510; 10 U.S.C. 2687 note).

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

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

20 convey to the Brownsville Navigation District of Browns21 ville, Texas, all right, title, and interest of the United

22 States in and to the dry dock designated as Los Alamos

23 (AFDB7).
43

HR 2401 EH

1 (b) CONSIDERATION.—As consideration for the con2 veyance under subsection (a), the Brownsville Navigation

3 District shall permit the Secretary of the Navy—

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

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

6 or control of the Brownsville Navigation District,

7 and (C) not used by the Brownsville Navigation Dis8 trict, except that such use shall be only for training

9 purposes and shall be permitted for a five-year pe10 riod beginning on the date of the transfer;

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

12 without reimbursement from the Secretary of the

13 Navy; and

14 (3) to use the dock for dockage services, with15 out reimbursement from the Secretary of the Navy,

16 except that such use shall be for not more than 45

17 days each year during the period referred to in para18 graph (1) and shall be subject to all applicable Fed19 eral and State laws, including laws on maintenance

20 and dredging.

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

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

23 the Navy and the chief executive officer of the Brownsville

24 Navigation District may enter into an agreement to extend
44

HR 2401 EH

1 the period during which the Secretary may use real prop2 erty and dockage under subsection (b).

3 (d) CONDITION.—As a condition of the conveyance

4 authorized by subsection (a), the Secretary shall enter into

5 an agreement with the Brownsville Navigation District

6 under which the Brownsville Navigation District agrees to

7 hold the United States harmless for any claim arising with

8 respect to the drydock after the conveyance of the drydock

9 other than as a result of use of the dock by the Navy

10 pursuant to subsection (b) or an agreement under sub11 section (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, Unit16 ed States Code, is amended by adding at the end the fol17 lowing 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

23 a working-capital funded Army industrial facility (includ24 ing a Department of the Army arsenal) that manufactures

25 large caliber cannons, gun mounts, recoil mechanisms,
45

HR 2401 EH

1 ammunition, munitions, or components thereof to sell

2 manufactured nondefense-related commercial articles or

3 services to a person outside the Department of Defense

4 if—

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

6 to a United States manufacturer, assembler, devel7 oper, or other concern—

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

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

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

11 of the United States;

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

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

14 used for purposes of soliciting a contract with,

15 a friendly foreign government; or

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

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

18 determined by the Department of Defense to be

19 qualified to carry out the proposed work involving

20 the article to be purchased;

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

22 not interfere with performance of work by the facil23 ity for the Department of Defense or for a contrac24 tor of the Department of Defense; and
46

HR 2401 EH

1 ‘‘(4) in the case of services, the services are re2 lated to an article authorized to be sold under this

3 section and are to be performed in the United States

4 for the purchaser.

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

6 shall also—

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

8 services under the regulations be exercised at the

9 level of the commander of the major subordinate

10 command of the Army with responsibility over the

11 facility concerned;

12 ‘‘(2) authorize a purchaser of articles or serv13 ices to use advance incremental funding to pay for

14 the articles or services; and

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

16 or commercial services in accordance with subsection

17 (a) by a facility that manufactures large caliber can18 nons, gun mounts, or recoil mechanisms, or compo19 nents thereof, authorize such facility—

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

21 the variable costs that are associated with the

22 commercial articles or commercial services sold;

23 ‘‘(B) to enter into a firm, fixed-price con24 tract or, if agreed by the buyer, a cost reim25 bursement contract for the sale; and
47

HR 2401 EH

1 ‘‘(C) to develop and maintain (from

2 sources other than appropriated funds) working

3 capital to be available for paying design costs,

4 planning costs, procurement costs, and other

5 costs associated with the commercial articles or

6 commercial services sold.

7 ‘‘(c) RELATIONSHIP TO ARMS EXPORT CONTROL

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

9 the application of the export controls provided for in sec10 tion 38 of the Arms Export Control Act (22 U.S.C. 2778)

11 to items which incorporate or are produced through the

12 use of an article sold under this section.

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

14 ‘‘(1) The term ‘commercial article’ means an

15 article that is usable for a nondefense purpose.

16 ‘‘(2) The term ‘commercial service’ means a

17 service that is usable for a nondefense purpose.

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

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

20 a series of partial payments for the articles or serv21 ices that includes—

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

23 the commencement of work or the incurring of

24 costs in connection with the production of the
48

HR 2401 EH

1 articles or the performance of the services, as

2 the case may be; and

3 ‘‘(B) subsequent progress payments that

4 result in full payment being completed as the

5 required work is being completed.

6 ‘‘(4) The term ‘variable costs’, with respect to

7 sales of articles or services, means the costs that are

8 expected to fluctuate directly with the volume of

9 sales and—

10 ‘‘(A) in the case of articles, the volume of

11 production necessary to satisfy the sales orders;

12 or

13 ‘‘(B) in the case of services, the extent of

14 the services sold.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by adding at the end the following

17 new item:

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

18 (b) CONFORMING AMENDMENT.—Subsection (i) of

19 section 2208 of such title is amended to read as follows:

20 ‘‘(i) For provisions relating to sales outside the De21 partment of Defense of manufactured articles and services

22 by a working-capital funded Army industrial facility (in23 cluding a Department of the Army arsenal) that manufac24 tures large caliber cannons, gun mounts, recoil mecha-
49

HR 2401 EH

1 nisms, ammunition, munitions, or components thereof, see

2 section 4543 of this title.’’.

3 (c) DEADLINE FOR REGULATIONS.—Regulations

4 under subsection (b) of section 4543 of title 10, United

5 States Code, as added by subsection (a), shall be pre6 scribed not later than 30 days after the date of the enact7 ment of this Act.

8 SEC. 174. CONVEYANCE OF OBSERVATION AIRCRAFT.

9 (a) AUTHORITY TO CONVEY.—(1) The Secretary of

10 Defense may convey without consideration all right, title,

11 and interest of the United States in not more than four

12 light observation aircraft to the organization known as

13 Hermanos al Rescate, a nonprofit organization in the

14 State of Florida consisting of volunteer pilots who fly

15 search and rescue missions from southern Florida over the

16 Florida Straits (hereinafter in this section referred to as

17 the ‘‘recipient’’).

18 (2) For purposes of paragraph (1), light observation

19 aircraft are the OV–2, the OV–10, or any comparable ob20 servation aircraft.

21 (b) CONDITION.—As a condition of conveying an air22 craft to the recipient pursuant to the authority provided

23 in subsection (a), the Secretary shall enter into an agree24 ment with the recipient under which the recipient agrees—
50

HR 2401 EH

1 (1) to use that aircraft solely for search and

2 rescue missions and related activities;

3 (2) to use that aircraft solely for nonprofit ac4 tivities; and

5 (3) to hold the United States harmless for any

6 claim arising with respect to that aircraft after the

7 conveyance of that aircraft.

8 (c) LIMITATION ON FUTURE TRANSFERS.—In the

9 case of an aircraft conveyed under the authority provided

10 in subsection (a), the instruments provided for the convey11 ance shall require that any further conveyance of an inter12 est in that aircraft may not be made without the approval

13 in advance of the Secretary of Defense. If the Secretary

14 determines that an interest in an aircraft was conveyed

15 without such approval, then all right, title, and interest

16 in that aircraft shall revert to the United States and the

17 United States shall have the right to immediate possession

18 of the aircraft. The recipient shall pay the United States

19 for its costs incurred in recovering the aircraft for such

20 a violation.

21 (d) FORFEITURE UPON VIOLATION OF TERMS.—If

22 the Secretary determines that the recipient violated sub23 section (b)(1) or (b)(2) with respect to any aircraft con24 veyed under subsection (a), then all right, title, and inter25 est in each such aircraft shall revert to the United States
51

HR 2401 EH

1 and the United States shall have the right to immediate

2 possession of all of the aircraft. The recipient shall pay

3 the United States for its costs incurred in recovering the

4 aircraft for a violation of those conditions.

5 (e) DELIVERY OF AIRCRAFT.—The Secretary shall

6 deliver each aircraft conveyed under subsection (a)—

7 (1) at the place where the aircraft is located on

8 the date of the conveyance;

9 (2) in its condition on that date; and

10 (3) without cost to the United States.

11 (f) EXPIRATION OF AUTHORITY TO CONVEY.—The

12 authority of the Secretary under subsection (a) to convey

13 aircraft shall expire on the date that is two years after

14 the date of the enactment of this Act.

15 SEC. 175. CHEMICAL DEMILITARIZATION PROGRAM.

16 (a) SUBMISSION OF REPORTS ON ALTERNATIVE

17 TECHNOLOGIES.—Section 173(b)(1) of the National De18 fense Authorization Act for Fiscal Year 1993 (Public Law

19 102–484; 106 Stat. 2343) is amended by striking out the

20 period at the end and inserting in lieu thereof ‘‘and a pe21 riod of 90 days has passed following the submission of

22 the report. During such 90-day period, each Chemical De23 militarization Citizens’ Advisory Commission in existence

24 on the date of the enactment of the National Defense Au25 thorization Act for Fiscal Year 1994 may submit such
52

HR 2401 EH

1 comments on the report as it considers appropriate to the

2 Committees on Armed Services of the Senate and House

3 of Representatives.’’.

4 (b) EXTENSION OF DEADLINE FOR SUBMISSION OF

5 REVISED CONCEPT PLAN.—Section 175(d) of such Act

6 (106 Stat. 2344) is amended by striking out ‘‘not later

7 than 180 days’’ and all that follows and inserting in lieu

8 thereof ‘‘during the 180-day period beginning at the end

9 of the 90-day period following the submission of the report

10 of the Secretary required under section 173.’’.

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION

14 Subtitle A—Authorizations

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

16 Funds are hereby authorized to be appropriated for

17 fiscal year 1994 for the use of the Department of Defense

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

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

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

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

22 (4) For Defense-wide activities,

23 $10,284,652,000, of which—
53

HR 2401 EH

1 (A) $232,592,000 is authorized for the ac2 tivities of the Director, Test and Evaluation;

3 and

4 (B) $12,650,000 is authorized for the Di5 rector of Operational Test and Evaluation.

6 SEC. 202. MANUFACTURING TECHNOLOGY DEVELOPMENT.

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

8 to be appropriated by section 201, $315,000,000 shall be

9 available for, and may be obligated only for, manufactur10 ing technology development as follows:

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

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

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

14 (4) For the Defense Logistics Agency,

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

16 for the establishment of a pilot program for the

17 metalcasting industry.

18 (b) INDUSTRIAL MODERNIZATION IMPROVEMENT

19 PROGRAM.—The Secretary shall reestablish the Industrial

20 Modernization Improvement Program (IMIP) of the De21 partment of Defense carried out through the Manufactur22 ing Technology programs and shall provide sufficient

23 funding for that program for fiscal year 1994 from funds

24 referred to in subsection (a).
54

HR 2401 EH

1 (c) WORKER SKILLS.—Manufacturing technology de2 velopment programs conducted by or for the Department

3 of Defense, including those programs for which funds are

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

5 a focus on production technologies designed to build on

6 and expand existing worker skills and experience in manu7 facturing production.

8 SEC. 203. REENTRY VEHICLE INDUSTRIAL BASE.

9 Of the amount authorized to be appropriated pursu10 ant to section 201 for the Navy, $5,000,000 shall be avail11 able for the contribution of the Navy for fiscal year 1994

12 to the Reentry Vehicle industrial base.

13 SEC. 204. REALLOCATION OF CERTAIN R&D FUNDS.

14 (a) INCREASE IN AMOUNT FOR ARMY.—The amount

15 provided in section 201 for the Army is hereby increased

16 by $10,000,000, of which—

17 (1) $2,000,000 is for a study of the require18 ments for the incorporation of an electronics soft19 ware upgrade into the M1A2 tank; and

20 (2) $8,000,000 is for Horizontal Battlefield In21 tegration to expand the demonstration of technology

22 interfaces needed to verify the compatibility of digi23 tal electronics in various Army Combat Systems.

24 (b) LIMITATION.—None of the funds described in

25 subsection (a)(2) or otherwise made available to the De-
55

HR 2401 EH

1 partment of Defense for fiscal year 1994 may be obligated

2 for Horizontal Battlefield Integration until the Secretary

3 of the Army submits to the congressional defense commit4 tees a report containing a revised demonstration plan for

5 that program. The revised plan shall include program

6 milestones and funding requirements.

7 (c) REDUCTION IN AMOUNT FOR DEFENSE-WIDE

8 ACTIVITIES.—The amount provided in section 201 for De9 fense-wide activities is hereby reduced by $10,000,000, to

10 be derived from amounts for acquisition of foreign equip11 ment for test and analysis purposes.

12 Subtitle B—Program Require13 ments, Restrictions, and Limita14 tions

15 SEC. 211. DEMONSTRATION PROGRAM FOR BALLISTIC MIS16 SILE POST-LAUNCH DESTRUCT MECHANISM.

17 (a) DEMONSTRATION PROGRAM.—The Secretary of

18 Defense shall conduct a demonstration program to develop

19 and test a ballistic missile post-launch destruct mecha20 nism. The program shall be carried out through the Ad21 vanced Research Projects Agency.

22 (b) FUNDING.—The amount expended for the dem23 onstration program may not exceed $15,000,000. Subject

24 to the provisions of appropriations Acts, the Secretary

25 may provide $5,000,000 for the program from unexpended
56

HR 2401 EH

1 balances remaining available for obligation from funds ap2 propriated to the Department of Defense for fiscal year

3 1993.

4 SEC. 212. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE

5 PROGRAMS.

6 (a) AUTHORIZATION.—Of the funds appropriated

7 pursuant to section 201 for Defense-wide activities,

8 $288,518,000 shall be available for airborne reconnais9 sance programs.

10 (b) LIMITATION.—None of the funds referred to in

11 subsection (a) or funds appropriated for fiscal year 1994

12 for the Navy for research, development, test, and evalua13 tion may be obligated for Navy EP–3 aircraft modifica14 tions.

15 SEC. 213. FEDERALLY FUNDED RESEARCH AND DEVELOP16 MENT CENTERS.

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

18 and fiscal year 1995, the Secretary of Defense may not

19 obligate funds for expenditure at a federally funded re20 search and development center described in subsection (b)

21 in excess of 90 percent of the amount obligated by the

22 Secretary for expenditure at that center during fiscal year

23 1993.

24 (b) COVERED ENTITIES.—Subsection (a) applies

25 with respect to any federally funded research and develop-
57

HR 2401 EH

1 ment center (other than a center that performs applied

2 scientific research under laboratory conditions) that dur3 ing fiscal years 1991 through 1993 had average annual

4 expenditures of funds derived from the Department of De5 fense in excess of $25,000,000.

6 SEC. 214. HIGH PERFORMANCE COMPUTER MODERNIZA7 TION PROGRAM.

8 Funds made available for fiscal year 1994 for the De9 partment of Defense High Performance Computer (HPC)

10 Modernization Program for Department of Defense re11 search centers and laboratories may be used only for—

12 (1) the execution of upgrade options under an

13 existing contract for installed supercomputer facili14 ties that have not kept technically current; or

15 (2) the conduct of competitive procurement for

16 supercomputers that are architecturally stable and

17 production compatible and that can be successfully

18 demonstrated using statistically valid samples of the

19 current workloads of the research centers and lab20 oratories that will be using the supercomputers with21 out substantive reprogramming or program conver22 sion.
58

HR 2401 EH

1 SEC. 215. HIGH PERFORMANCE COMPUTING AND COMMU2 NICATION INITIATIVE.

3 (a) INDEPENDENT STUDY.—The Secretary of De4 fense shall request the National Research Council (NRC)

5 of the National Academy of Sciences to conduct a com6 prehensive study of the inter-agency High Performance

7 Computing and Communications Initiative (HPCCI), with

8 emphasis on the elements of the program supported by

9 the Department of Defense and the relationship of those

10 elements to other elements of the program.

11 (b) MATTERS TO BE INCLUDED.—The study shall

12 address (at a minimum) the following aspects of the High

13 Performance Computing and Communications Initiative:

14 (1) The basic underlying rationale for the ini15 tiative.

16 (2) The appropriateness of the goals and direc17 tions of the initiative.

18 (3) The balance between various elements of

19 the initiative.

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

21 initiative will be achieved.

22 (5) The management and coordination of the

23 initiative.

24 (c) COOPERATION WITH STUDY.—The Secretary of

25 Defense shall direct all relevant defense agencies to co26 operate fully with the National Research Council in all as-
59

HR 2401 EH

1 pects of this study, and shall request similar cooperation

2 from the heads of all other appropriate Federal agencies.

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

4 available from the Department’s High Performance Com5 puting and Communications Program to provide funds for

6 the National Research Council to conduct the study under

7 subsection (a).

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

9 under subsection (a) shall be submitted to the Secretary

10 of Defense not later than July 1, 1995. The Secretary

11 shall promptly submit the report of the study to the Com12 mittees on Armed Services of the Senate and House of

13 Representatives. The report shall be submitted to the com14 mittees in unclassified form with classified annexes as nec15 essary.

16 SEC. 216. SUPERCONDUCTING MAGNETIC ENERGY STOR17 AGE (SMES) PROGRAM.

18 (a) PROGRAM OFFICE.—The Secretary of Defense

19 shall establish within the Department of the Navy a pro20 gram office to facilitate research and design studies lead21 ing to possible construction of Superconducting Magnetic

22 Energy Storage (SMES) test models.

23 (b) SCIENCE ADVISORY GROUP.—(1) The Secretary

24 of Defense shall establish an advisory committee in the

25 Department of Defense for Superconducting Magnetic En-
60

HR 2401 EH

1 ergy Storage activities. The advisory committee shall be

2 established as a science advisory group and shall be inde3 pendent of the Department of the Navy.

4 (2) The membership of the advisory committee shall

5 include representatives from the President’s Office of

6 Science and Technology Policy, the Department of De7 fense, the Department of Energy, the Environmental Pro8 tection Agency, the Army Corps of Engineers, and private

9 industry.

10 (3) The advisory committee shall conduct a review

11 every two years of the progress of the Department of De12 fense program for Superconducting Magnetic Energy

13 Storage development. The advisory committee shall submit

14 a report on each such review to the Secretary as directed

15 by the Secretary. Such report shall include the advisory

16 committee’s recommendations for outyear program op17 tions and funding. The Secretary shall transmit each such

18 report to Congress.

19 (4) The advisory committee shall continue in exist20 ence until terminated by law.

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

22 Act, the Secretary of Defense shall transfer from the De23 fense Nuclear Agency to the Department of the Navy any

24 funds appropriated for fiscal years before fiscal year 1994

25 that were designated for the Superconducting Magnetic
61

HR 2401 EH

1 Energy Storage Project that remain available for obliga2 tion. Those funds shall be obligated for (1) continued ex3 perimental work (as defined in section 218(b)(4) of the

4 National Defense Authorization Act of 1993 (Public Law

5 102–484; 106 Stat. 2353)), (2) operation of the advisory

6 group, and (3) study of alternative SMES designs.

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

8 (a) shall be created and staffed not later than 30 days

9 after the date of the enactment of this Act.

10 SEC. 217. SINGLE STAGE ROCKET TECHNOLOGY.

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

12 shall establish a Single Stage Rocket Technology program

13 and shall provide funds for that program within funds

14 available for the Advanced Research Projects Agency.

15 That program shall be managed within the Office of the

16 Under Secretary of Defense for Acquisition.

17 (b) FUNDING.—Of the amount appropriated pursu18 ant to section 201 for Defense-wide activities,

19 $79,880,000 shall be available for, and may be obligated

20 only for, Single Stage Rocket Technology.

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

22 Of the funds appropriated for research, development,

23 test, and evaluation for the Department of the Navy for

24 fiscal year 1993 that remain available for obligation for

25 Air Systems Advanced Technology Development pro-
62

HR 2401 EH

1 grams, $10,077,000 shall be obligated and expended only

2 for testing, design, and fabrication of a dual-mode seeker

3 for the Advanced Anti-Radiation Guided Missile using

4 technology that is derived from work done with funding

5 provided through the Small Business Innovative Research

6 (SBIR) program.

7 SEC. 219. DP–2 VECTORED THRUST TECHNOLOGY DEM8 ONSTRATION PROJECT.

9 Of the funds appropriated for research, development,

10 test, and evaluation for the Defense Agencies for fiscal

11 year 1993 that remain available for obligation for Tactical

12 Technology programs within the Advanced Research

13 Projects Agency, $15,000,000 shall be obligated and ex14 pended only for testing of the DP–2 Vectored Thrust

15 Technology Demonstration project for Special Operations

16 Forces (SOF) applications.

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

18 PROGRAM.

19 Notwithstanding section 122 of the National Defense

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

21 484; 106 Stat. 2334), the Secretary of Defense may carry

22 out material procurement, logistics support, and integra23 tion of existing Advanced Self Protection Jammer systems

24 from Department of Defense inventory into the F–14D

25 aircraft for testing and evaluation using funds appro-
63

HR 2401 EH

1 priated to the Department of Defense for fiscal year 1993

2 and prior years.

3 SEC. 221. ELECTRONIC COMBAT SYSTEMS TESTING.

4 (a) DETAILED TEST AND EVALUATION BEFORE INI5 TIAL LOW-RATE PRODUCTION.—The Secretary of De6 fense shall ensure that any electronic combat system and

7 any command, control, and communications counter8 measure system is authorized to proceed into the low-rate

9 initial production stage only upon the completion of an

10 appropriate, rigorous, and structured test and evaluation

11 regime. Such a regime shall include testing and evaluation

12 at each of the following types of facilities: computer sim13 ulation and modeling facilities, measurement facilities,

14 system integration laboratories, simulated threat hard15 ware-in-the-loop test facilities, installed system test facili16 ties, and open air ranges.

17 (b) TIMELY TEST AND EVALUATION REQUIRED.—

18 The Secretary shall ensure that test and evaluation of a

19 system as required by subsection (a) is conducted suffi20 ciently early in the development phase to allow (1) a cor21 rection-of-deficiency plan to be developed and in place for

22 deficiencies identified by the testing before the system pro23 ceeds into low-rate initial production; and (2) the defi24 ciencies identified by test and evaluation be corrected be25 fore the system leaves low-rate initial production.
64

HR 2401 EH

1 (c) ANNUAL REPORT ON COMPLIANCE.—The Sec2 retary of Defense shall include in the annual Department

3 of Defense Electronic Warfare Plan report a description

4 of compliance with this section during the preceding year.

5 Such a report shall include a description of the test and

6 evaluation process applied to each system, the results of

7 that process, and the adequacy of test and evaluation re8 sources to carry out that process.

9 (d) FUNDS USED FOR TESTING.—The costs of the

10 testing necessary to carry out this section with respect to

11 any system shall be paid from funds available for that sys12 tem.

13 (e) APPLICABILITY.—The provisions of subsections

14 (a) and (b) shall apply to any electronic combat system

15 program and any command, control, and communications

16 countermeasure system program that is initiated after the

17 date of the enactment of this Act.

18 SEC. 222. LIMITATION ON DEPARTMENT OF DEFENSE MIS19 SILE LAUNCHES FOR TEST PURPOSES.

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

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

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

23 would be the release of debris in an area over land of the

24 United States outside a designated Department of De25 fense test range.
65

HR 2401 EH

1 (b) DEFINITION OF DEBRIS.—For purposes of sub2 section (a), the term ‘‘debris’’ does not include particulate

3 matter that is regulated for considerations of air quality.

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

5 (a) INTERIM NEAR PRECISE MUNITIONS AND

6 TARGETING PROGRAM.—The Secretary of the Air Force

7 shall initiate a program for the development and produc8 tion of a Global Positioning System-aided relative

9 targeting (GATS) system and Global Positioning System10 aided munitions (GAM) for 10 B–1 bomber aircraft. It

11 shall be the goal of the program to achieve an interim near

12 precise weapons capability on 10 B–1 aircraft by 1996.

13 (b) DEFENSIVE AVIONICS UPGRADE PROGRAM.—

14 The Secretary of the Air Force shall continue efforts asso15 ciated with upgrades to the defensive avionics system of

16 the B–1B aircraft, including studies, analyses, and tests

17 required for a risk reduction program for a minimum of

18 three, and up to four, defensive avionics participants.

19 (c) AMOUNT FOR PROGRAM.—Of the amount author20 ized to be appropriated pursuant to section 201 for the

21 Air Force for fiscal year 1994, $180,543,000 shall be

22 available for the B–1B aircraft program, of which—

23 (1) $57,000,000 shall be made available for de24 velopment and integration of a GPS-aided relative
66

HR 2401 EH

1 targeting system and development of GPS-aided mu2 nitions as provided in subsection (a); and

3 (2) $37,200,000 shall be made available for up4 grades to the B–1 defensive avionics system as pro5 vided in subsection (b).

6 Subtitle C—Missile Defense

7 Programs

8 SEC. 231. FUNDING FOR FISCAL YEAR 1994.

9 Of the amounts appropriated pursuant to section 201

10 or otherwise made available to the Department of Defense

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

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

13 be obligated for ballistic missile defense. None of such

14 amount is available for the Brilliant Pebbles program.

15 SEC. 232. REPORT ON ALLOCATION OF FUNDS.

16 When the President’s budget for fiscal year 1995 is

17 submitted to Congress pursuant to section 1105 of title

18 31, United States Code, the Secretary of Defense shall

19 submit to the congressional defense committees a report—

20 (1) setting forth the allocation by the Secretary

21 of funds appropriated for ballistic missile defense for

22 fiscal year 1994, and the proposed allocation of

23 funds for ballistic missile defense for fiscal year

24 1995, shown for Theater Missile Defense, Limited

25 Defense System, Other Follow-On Systems, Re-
67

HR 2401 EH

1 search and Support, and the Small Business Innova2 tion Research and Small Business Technology

3 Transfer programs of the Small Business Adminis4 tration, for each program, project, and activity; and

5 (2) describing an updated master plan for the

6 Theater Missile Defense Initiative that includes (A)

7 a detailed consideration of plans for theater and tac8 tical missile defense doctrine, training, tactics, and

9 force structure, and (B) a detailed acquisition strat10 egy which includes a consideration of acquisition and

11 life-cycle costs through the year 2006 for the pro12 grams, projects, and activities associated with the

13 Theater Missile Defense Initiative.

14 SEC. 233. TRANSFER AUTHORITIES FOR BALLISTIC MISSILE

15 DEFENSE.

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

17 required under section 232, the Secretary of Defense may

18 transfer funds among the ballistic missile defense program

19 elements named in section 232 of this Act.

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

21 transferred to or from any program element named in sec22 tion 232—

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

24 provided in the report for the program element from

25 which the transfer is made; and
68

HR 2401 EH

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

2 10 percent of the amount provided in the report for

3 the program element to which the transfer is made.

4 (c) RESTRICTION.—Transfer authority under sub5 section (a) may not be used for a decrease in funds identi6 fied in section 231(a) for the Theater Missile Defense Ini7 tiative.

8 (d) MERGER AND AVAILABILITY.—Amounts trans9 ferred pursuant to subsection (a) shall be merged with and

10 be available for the same purposes as the amounts to

11 which transferred.

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

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

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

15 as follows:

16 (1) Section 232(a) is amended—

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

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

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

20 (B) in paragraph (3), by inserting ‘‘, as

21 appropriate,’’ before ‘‘to friends and allies of

22 the United States’’.

23 (2) Section 232(b) is amended—
69

HR 2401 EH

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

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

3 thereof ‘‘Russia’’; and

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

5 ‘‘Treaty, to include the down-loading of mul6 tiple warhead ballistic missiles’’ and inserting in

7 lieu thereof ‘‘Treaties, to include the down-load8 ing of multiple warhead ballistic missiles, as ap9 propriate’’.

10 (3) Section 233(b) is amended—

11 (A) in paragraph (1), by inserting ‘‘in

12 compliance with the ABM Treaty’’ after ‘‘for

13 deployment’’;

14 (B) by striking out paragraph (2) and in15 serting in lieu thereof the following:

16 ‘‘(2) INITIAL ABM DEPLOYMENT.—The Sec17 retary shall develop, at an appropriate pace, a cost18 effective, operationally effective, and ABM Treaty19 compliant anti-ballistic missile system for potential

20 deployment at a single site. The Secretary shall en21 sure that components of such system are themselves

22 in compliance with the ABM Treaty.’’; and

23 (C) by striking out paragraph (3).

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

25 read as follows:
70

HR 2401 EH

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

2 President to pursue immediate discussions with Russia on

3 the feasibility and mutual interest of amendments to the

4 ABM Treaty to permit clarification of the distinctions for

5 the purposes of the ABM Treaty between theater missile

6 defenses and anti-ballistic missile defenses, including

7 interceptors and radars.’’.

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

9 ‘‘SEC. 234. MANAGEMENT RESPONSIBILITY FOR RESEARCH

10 AND DEVELOPMENT OF FAR-TERM FOLLOW11 ON TECHNOLOGIES.

12 ‘‘(a) MANAGEMENT RESPONSIBILITY.—The Sec13 retary of Defense shall provide that management and

14 budget responsibility for research and development of any

15 far-term follow-on technology relating to ballistic missile

16 defense shall be provided through the Advanced Research

17 Projects Agency or the appropriate military department.

18 ‘‘(b) WAIVER AUTHORITY.—The Secretary may

19 waive the provisions of subsection (a) in the case of a par20 ticular far-term follow-on technology that on December 5,

21 1991, was under the Strategic Defense Initiative Organi22 zation and provide that management and budget respon23 sibility for research and development of that technology

24 shall be provided through the Ballistic Missile Defense Or25 ganization if the Secretary determines, and certifies to the
71

HR 2401 EH

1 congressional defense committees, that providing manage2 ment and budget responsibility for research and develop3 ment of that technology as provided in subsection (a)

4 would not be in the national security interests of the

5 United States.

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

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

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

9 before 2008.’’.

10 (6) Section 235 is amended—

11 (A) by striking out ‘‘Strategic Defense Ini12 tiative’’ in subsections (a) and (b) and inserting

13 in lieu thereof ‘‘Ballistic Missile Defense pro14 gram’’; and

15 (B) by striking out the section heading and

16 inserting in lieu thereof the following:

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

18 DEFENSE PROGRAM.’’.

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

20 ‘‘Strategic Defense Initiative Organization’’ and in21 serting in lieu thereof ‘‘Ballistic Missile Defense Or22 ganization’’.

23 (8) Section 238 is amended—

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

25 inserting in lieu thereof ‘‘As time for a decision
72

HR 2401 EH

1 concerning exercising the option for deploy2 ment’’; and

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

4 date’’.

5 SEC. 235. PATRIOT ADVANCED CAPABILITY–3 THEATER

6 MISSILE DEFENSE SYSTEM.

7 (a) COMPETITION FOR MISSILE SELECTION.—The

8 Secretary of Defense shall continue the strategy being car9 ried out by the Ballistic Missile Defense Organization as

10 of July 1, 1993, for selection of the best technology (in

11 terms of cost, schedule, risk, and performance) to meet

12 the missile requirements for the Patriot Advanced Capa13 bility–3 (PAC–3) theater missile defense system. That

14 strategy, consisting of flight testing, ground testing, sim15 ulations, and other analyses of the two competing missiles

16 (the Patriot Multimode Missile and the Extended Range

17 Interceptor (ERINT) missile), shall be continued until the

18 Secretary determines that the Ballistic Missile Defense

19 Organization has adequate information upon which to

20 base a decision as to which missile will be selected to pro21 ceed into the Engineering and Manufacturing Develop22 ment stage.

23 (b) FUNDS FOR DEMONSTRATION AND VALIDA24 TION.—Of the funds authorized to be appropriated by sec25 tion 201 for the Ballistic Missile Defense Organization—
73

HR 2401 EH

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

2 for demonstration and validation purposes for the

3 Patriot Multimode Missile program;

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

5 for demonstration and validation purposes for the

6 Extended Range Interceptor program; and

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

8 for demonstration and validation and for the Engi9 neering and Manufacturing Development stage for

10 the system selected and for appropriate risk mitiga11 tion activities.

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

13 (based upon the schedule in effect in mid-1993) in the

14 selection described in subsection (a) of the missile for the

15 Patriot Advanced Capability–3 system, the Secretary of

16 Defense shall ensure that demonstration and validation of

17 both competing systems can continue as needed to support

18 an informed decision for such selection.

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

20 MISSILE SYSTEMS OR COMPONENTS TO BE

21 CARRIED OUT IN ACCORDANCE WITH TRADI22 TIONAL INTERPRETATION OF ANTI-BALLIS23 TIC MISSILE TREATY.

24 (a) LIMITATION.—Funds appropriated to the Depart25 ment of Defense for fiscal year 1994, or otherwise made
74

HR 2401 EH

1 available to the Department of Defense from any funds

2 appropriated for fiscal year 1994 or for any fiscal year

3 before 1994, may not be obligated or expended—

4 (1) for any development or testing of anti-bal5 listic missile systems or components except for devel6 opment and testing consistent with the interpreta7 tion of the 1972 ABM Treaty set forth in the enclo8 sure to the July 13, 1993, ACDA letter; or

9 (2) for the acquisition of any material or equip10 ment (including any long lead materials, compo11 nents, piece parts, test equipment, or any modified

12 space launch vehicle) required or to be used for the

13 development or testing of anti-ballistic missile sys14 tems or components, except for material or equip15 ment required for development or testing consistent

16 with the interpretation of the 1972 ABM Treaty set

17 forth in the enclosure to the July 13, 1993, ACDA

18 letter.

19 (b) EXCEPTION.—The limitation under subsection

20 (a) shall not apply to funds transferred to or for the use

21 of the Ballistic Missile Defense Organization for fiscal

22 year 1994 if the transfer is made in accordance with sec23 tion 1001 of this Act.

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

25 1993, ACDA letter’’ means the letter dated July 13, 1993,
75

HR 2401 EH

1 from the Acting Director of the Arms Control and Disar2 mament Agency to the chairman of the Committee on For3 eign Relations of the Senate relating to the correct inter4 pretation of the 1972 ABM Treaty and accompanied by

5 an enclosure setting forth such interpretation.

6 SEC. 237. THEATER MISSILE DEFENSE ROAD MAP.

7 (a) INTEGRATION AND COMPATIBILITY.—In carrying

8 out the Theater Missile Defense Initiative, the Secretary

9 of Defense shall—

10 (1) seek to maximize the use of existing sys11 tems and technologies; and

12 (2) seek to promote joint use by the military

13 departments of existing and future ballistic missile

14 defense equipment (rather than each military de15 partment developing its own systems that would

16 largely overlap in their capabilities).

17 The Secretaries of the military departments shall seek the

18 maximum integration and compatibility of their ballistic

19 missile defense systems as well as of the respective roles

20 and missions of those systems.

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

22 submit to Congress a report containing a thorough and

23 complete analysis of the future of theater missile defense

24 programs. The analysis shall include the following:
76

HR 2401 EH

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

2 Theater Missile Defense.

3 (2) A description of the role of each of the

4 Armed Forces in Theater Missile Defense.

5 (3) A description of how those roles interact

6 and complement each other.

7 (4) An evaluation of the cost and relative effec8 tiveness of each interceptor and sensor under devel9 opment as part of a Theater Missile Defense system

10 by the Ballistic Missile Defense Organization.

11 (5) An analysis and comparison of the projected

12 life-cycle costs of each Theater Missile Defense sys13 tem intended for production (shown separately for

14 research, development, test, and evaluation, for pro15 curement, for operation and maintenance, and for

16 personnel costs for each element).

17 (6) Specification of the baseline production rate

18 for each year of the program through completion of

19 procurement.

20 (7) Estimation of the unit cost and capabilities

21 of each element.

22 (c) DESCRIPTION OF TESTING PROGRAM.—The Sec23 retary of Defense shall include in the report under sub24 section (b) a description of the current and projected test25 ing program for theater missile defense systems and major
77

HR 2401 EH

1 components. The report shall include an evaluation of the

2 adequacy of the testing program to simulate conditions

3 similar to those the systems and components would actu4 ally be expected to encounter if and when deployed (such

5 as the ability to track and engage multiple targets with

6 multiple interceptors, to discriminate targets from decoys

7 and other incoming objects, and to be employed in a shoot8 look-shoot firing mode).

9 (d) RELATIONSHIP TO ARMS CONTROL TREATIES.—

10 The Secretary shall include in the report under subsection

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

12 projected Theater Missile Program will conform to exist13 ing Anti-Ballistic Missile Treaty and Intermediate Nuclear

14 Forces Treaty Regimes. The report shall describe any po15 tential noncompliance with either Regime, when such non16 compliance is expected to occur, and whether provisions

17 need to be renegotiated within that Regime to address fu18 ture contingencies.

19 (e) SUBMISSION OF REPORT.—The report required

20 by subsection (b) shall be submitted as part of the next

21 annual report of the Secretary submitted to Congress

22 under section 224 of Public Law 101–189 (10 U.S.C.

23 2431 note).
78

HR 2401 EH

1 SEC. 238. ADDITIONAL BMD PROGRAMS.

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

3 amount provided under section 201 for Theater Missile

4 Defense, $102,000,000 shall be available to support the

5 aggressive exploration of the Navy Upper Tier concept for

6 Naval Theater Missile Defense, including cost-effective

7 systems and upgrades to existing systems that can be

8 fielded more quickly than new systems.

9 (b) ACCELERATED ADVANCED TECHNOLOGY DEM10 ONSTRATION PROGRAM.—The Secretary of Defense, act11 ing through the Director of the Theater Missile Defense

12 Initiative, shall initiate during fiscal year 1994 an acceler13 ated Advanced Technology Demonstration program to

14 demonstrate the technical feasibility of using the Navy’s

15 Standard Missile combined with a kickstage rocket motor

16 and Lightweight Exoatmospheric Projectile (LEAP) as a

17 near-term option for cost-effective wide-area Theater Mis18 sile Defense.

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

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

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

22 thorough estimation of the cost of deploying a National

23 Defense System at Grand Forks, North Dakota. The Sec24 retary shall include in the report—

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

26 intended for production as part of such National De-
79

HR 2401 EH

1 fense System, including a ground-based radar sys2 tem, the system known as ‘‘Brilliant Eyes’’, and a

3 ground-based interceptor system; and

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

5 statement of those costs for (A) research, develop6 ment, test, and evaluation, (B) procurement, (C) de7 ployment and launch activities, (D) operation and

8 maintenance, and (E) personnel.

9 (b) SUBMISSION.—The report required under sub10 section (a) shall be submitted as part of the next annual

11 report of the Secretary submitted to Congress under sec12 tion 224 of Public Law 101–189 (10 U.S.C. 2431 note).

13 SEC. 240. THEATER MISSILE DEFENSE INTERCEPTOR TEST14 ING.

15 The Secretary of Defense may not approve a theater

16 missile defense interceptor program proceeding into the

17 Low-Rate Initial Production (Milestone III) acquisition

18 stage until the Secretary certifies to the congressional de19 fense committees in writing that the Secretary has con20 ducted more than two realistic live-fire tests, consistent

21 with section 2366 of title 10, United States Code, involv22 ing multiple interceptors and multiple targets in the pres23 ence of realistic countermeasures the results of which dem24 onstrate the achievement by the interceptors of the single25 shot probability-of-kill specified in the system baseline de-
80

HR 2401 EH

1 scription established pursuant to section 2435(a)(1)(A) of

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

3 full-scale engineering development.

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

5 (a) ENDORSEMENT OF COOPERATIVE RESEARCH

6 AND DEVELOPMENT.—Congress reiterates its endorse7 ment (previously stated in section 225(a)(5) of Public Law

8 101–510 (104 Stat. 1515) and section 241(a) of Public

9 Law 102–190 (105 Stat. 1326)) of a continuing program

10 of cooperative research and development, jointly funded by

11 the United States and Israel, on the Arrow Tactical Anti12 Missile program.

13 (b) PROGRAM GOAL.—The goal of the cooperative

14 program is to demonstrate the feasibility and practicality

15 of the Arrow system and to permit the government of Is16 rael to make a decision on its own initiative regarding de17 ployment of that system without financial participation by

18 the United States beyond the research and development

19 stage.

20 (c) ARROW CONTINUING EXPERIMENTS.—The Sec21 retary of Defense, from amounts appropriated to the De22 partment of Defense pursuant to section 201 for Defense23 wide activities and available for the Ballistic Missile De24 fense Organization, shall fully fund the United States con-
81

HR 2401 EH

1 tribution to the fiscal year 1994 Arrow Continuing Experi2 ments program at the level of $56,400,000.

3 (d) ARROW DEPLOYABILITY INITIATIVE.—(1) Sub4 ject to paragraph (2), the Secretary of Defense may obli5 gate from funds appropriated pursuant to section 201 up

6 to $25,000,000 for the purpose of research and develop7 ment of technologies associated with deploying the Arrow

8 missile in the future (including technologies associated

9 with battle management, lethality, system integration, and

10 test bed systems).

11 (2) Funds may not be obligated for the purpose stat12 ed in paragraph (1) unless the President certifies to Con13 gress that—

14 (A) the United States and the government of

15 Israel have entered into an agreement governing the

16 conduct and funding of research and development

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

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

19 join under that agreement (i) will have a benefit for

20 the United States, and (ii) has not been barred by

21 other congressional direction;

22 (C) the Arrow missile has successfully com23 pleted a flight test in which it intercepted a target

24 missile under realistic test conditions; and
82

HR 2401 EH

1 (D) the government of Israel is continuing, in

2 accordance with its previous public commitments, to

3 adhere to export controls pursuant to the Guidelines

4 and Annex of the Missile Technology Control Re5 gime.

6 (e) SENSE OF CONGRESS ON EXPEDITING TEST PRO7 GRAM.—It is the sense of Congress that, in order to expe8 dite the test program for the Arrow missile, the United

9 States should seek to initiate with the government of Is10 rael discussions on the agreement referred to in subsection

11 (d)(2)(A) without waiting for the condition specified in

12 subsection (d)(2)(C) to be met first.

13 SEC. 242. EXTENSION OF PROHIBITION ON TESTING MID-IN14 FRARED ADVANCED CHEMICAL LASER

15 AGAINST AN OBJECT IN SPACE.

16 The Secretary of Defense may not carry out a test

17 of the Mid-Infrared Advanced Chemical Laser (MIRACL)

18 transmitter and associated optics against an object in

19 space during 1994 unless such testing is specifically au20 thorized by law.
83

HR 2401 EH

1 SEC. 243. TECHNICAL AMENDMENTS TO REFLECT REDESIG2 NATION OF STRATEGIC DEFENSE INITIATIVE

3 ORGANIZATION.

4 Section 224 of the National Defense Authorization

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

6 note) is amended—

7 (1) by striking out ‘‘Strategic Defense Initia8 tive’’ each place it appears (other than in subsection

9 (b)(5)) and inserting in lieu thereof ‘‘Ballistic Mis10 sile Defense program’’;

11 (2) by striking out ‘‘Strategic Defense Initia12 tive’’ in subsection (b)(5) and inserting in lieu there13 of ‘‘Ballistic Missile Defense’’;

14 (3) by striking out ‘‘SDI’’ each place it appears

15 and inserting in lieu thereof ‘‘BMD’’; and

16 (4) 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 SEC. 244. CLEMENTINE SATELLITE PROGRAM.

21 (a) FINDING.—The Congress finds that the program

22 of the Ballistic Missile Defense Organization within the

23 Follow-on programs program element that is known as the

24 ‘‘Clementine’’ program, consisting of a satellite space

25 project that will, among other matters, provide valuable

26 information about asteroids in the vicinity of Earth, rep-
84

HR 2401 EH

1 resents an important opportunity for transfer of Depart2 ment of Defense technology for civilian purposes and

3 should be supported.

4 (b) CONGRESSIONAL VIEWS.—The Congress urges

5 the Secretary of Defense—

6 (1) to consider funding for the Clementine pro7 gram to be a priority within the Ballistic Missile De8 fense Organization Follow-on programs program ele9 ment and to provide funds for that program at ap10 propriate levels; and

11 (2) to identify an appropriate management

12 structure within either the Advanced Research

13 Projects Agency or one of the military departments

14 to which the Clementine program and related pro15 grams of general applicability to civilian, commer16 cial, and military space programs might be trans17 ferred.

18 SEC. 245. TACTICAL AND THEATER MISSILE DEFENSES.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) Systems to provide effective defense against

22 theater and tactical ballistic missiles that may be de23 veloped and deployed by the United States have the

24 potential to make equal or greater contributions to

25 the national security interests of nations that are al-
85

HR 2401 EH

1 lies of the United States as they do to the national

2 security interests of the United States.

3 (2) The cost of developing and deploying a

4 broad spectrum of such systems will be several tens

5 of billions of dollars.

6 (3) A truly cooperative approach to the develop7 ment and deployment of such systems could substan8 tially reduce the financial burden of such an under9 taking to any one country and would tap additional

10 sources of technological expertise.

11 (4) While recent statements of nations that are

12 allies of the United States have expressed a desire

13 for greater involvement in United States tactical

14 missile defense efforts, those nations are unlikely to

15 support programs for theater missile defense devel16 opment and deployment unless, at a minimum, they

17 can play a meaningful role in the planning and exe18 cution of such programs, including active participa19 tion in research and development and production of

20 the systems involved.

21 (5) Given the high cost of developing theater

22 ballistic missile defense systems, allied participation

23 in tactical missile defense efforts would result in

24 substantial savings to the United States.
86

HR 2401 EH

1 (b) PLAN AND REPORTS.—(1) The Secretary of De2 fense shall develop a plan to coordinate development and

3 implementation of Theater Missile Defense programs of

4 the United States with that of its allies, in order to avoid

5 duplication of effort, to increase interoperability, and to

6 reduce costs. The plan shall set forth in detail any finan7 cial, in-kind, or other form of participation in cooperative

8 efforts to plan, develop, produce, and deploy theater ballis9 tic missile defenses for the mutual benefit of the countries

10 involved.

11 (2) The Secretary shall submit to Congress a report

12 on the plan developed under paragraph (1). The report

13 shall be submitted in both classified and unclassified ver14 sions, as appropriate, and may be submitted as a compo15 nent of the next annual Ballistic Missile Defense Organi16 zation report to Congress.

17 (3) The Secretary shall include in each annual Ballis18 tic Missile Defense Organization report to Congress a re19 port on steps taken to implement the plan developed under

20 paragraph (1). Each such report shall set forth the status

21 of discussions with United States allies for the purposes

22 stated in that paragraph and the status of contributions

23 by those allies to the Theater Missile Defense Cooperation

24 Account, shown separately for each allied country covered

25 by the plan.
87

HR 2401 EH

1 (c) RESTRICTION ON FUNDS.—Of the total amount

2 appropriated pursuant to authorizations in this Act for

3 theater ballistic missile defenses programs, not more than

4 80 percent may be obligated until—

5 (1) the report under subsection (b)(2) is sub6 mitted to Congress; and

7 (2) the President certifies in writing to Con8 gress that each of the NATO allies, Japan, Israel,

9 South Korea, and any other country that the Presi10 dent considers appropriate have been formally con11 tacted concerning the matters described in the re12 port.

13 (d) SENSE OF CONGRESS.—It is the sense of Con14 gress that, whenever the United States deploys theater

15 ballistic missile defenses to protect another country, or the

16 military forces of another country, that has not provided

17 financial or in-kind support for development of theater

18 ballistic missile defenses, the United States should con19 sider whether it is appropriate to seek reimbursement

20 from that country to cover at least the incremental cost

21 of such deployment.

22 (e) REQUIREMENT TO ESTABLISH ANNUAL TMD

23 LEVEL.—The Congress shall establish by law for each fis24 cal year (beginning with fiscal year 1995) the level of new

25 obligational authority (stated as a single dollar amount)
88

HR 2401 EH

1 for research, development, test, and evaluation and for

2 procurement for theater missile defense programs of the

3 Department of Defense for that fiscal year.

4 (f) ALLIED PARTICIPATION IN TMD.—Congress en5 courages greater participation by United States allies, and

6 particularly by those nations that would benefit most from

7 Theater Missile Defense systems, in cooperative Theater

8 Missile Defense efforts with the United States.

9 (g) FUND FOR ALLIED CONTRIBUTIONS.—(1) Chap10 ter 155 of title 10, United States Code, is amended by

11 adding at the end the following new section:

12 ‘‘§ 2609. Theater Missile Defense: acceptance of con13 tributions from allies; Theater Missile De14 fense Cooperation Account

15 ‘‘(a) ACCEPTANCE AUTHORITY.—The Secretary of

16 Defense may accept from any allied foreign government

17 or any international organization any contribution of

18 money made by such foreign government or international

19 organization for use by the Department of Defense for

20 Theater Missile Defense programs.

21 ‘‘(b) ESTABLISHMENT OF THEATER MISSILE DE22 FENSE COOPERATION ACCOUNT.—(1) There is established

23 in the Treasury a special account to be known as the ‘The24 ater Missile Defense Cooperation Account’.
89

HR 2401 EH

1 ‘‘(2) Contributions accepted by the Secretary of De2 fense under subsection (a) shall be credited to the Ac3 count.

4 ‘‘(c) USE OF THE ACCOUNT.—(1) Funds in the Ac5 count are hereby made available for obligation for re6 search, development, test, and evaluation, and for procure7 ment, for Theater Missile Defense programs of the De8 partment of Defense.

9 ‘‘(d) INVESTMENT OF MONEY.—(1) Upon request by

10 the Secretary of Defense, the Secretary of the Treasury

11 may invest money in the Account in securities of the Unit12 ed States or in securities guaranteed as to principal and

13 interest by the United States.

14 ‘‘(2) Any interest or other income that accrues from

15 investment in securities referred to in paragraph (1) shall

16 be deposited to the credit of the Account.

17 ‘‘(e) NOTIFICATION OF CONDITIONS.—The Secretary

18 of Defense shall notify Congress of any condition imposed

19 by the donor on the use of any contribution accepted by

20 the Secretary under the authority of this section.

21 ‘‘(f) ANNUAL AUDIT BY GAO.—The Comptroller

22 General of the United States shall conduct an annual

23 audit of money accepted by the Secretary of Defense

24 under this section and shall submit a copy of the results

25 of each such audit to Congress.
90

HR 2401 EH

1 ‘‘(g) REGULATIONS.—The Secretary of Defense shall

2 prescribe regulations to carry out this section.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘2609. Theater Missile Defense: acceptance of contributions from allies; Theater Missile Defense Cooperation Account.’’.

6 Subtitle D—Women’s Health

7 Research

8 SEC. 251. DEFENSE WOMEN’S HEALTH RESEARCH CENTER.

9 (a) ESTABLISHMENT OF CENTER.—(1) Chapter 139

10 of title 10, United States Code, is amended by inserting

11 after section 2358 the following new section:

12 ‘‘§ 2359. Defense Women’s Health Research Center

13 ‘‘(a) ESTABLISHMENT OF THE CENTER.—The Sec14 retary of Defense shall establish a Defense Women’s

15 Health Research Center (hereinafter in this section re16 ferred to as the ‘Center’) in the Department of the Army.

17 The Center shall be under the authority of the Army

18 Health Services Command.

19 ‘‘(b) PURPOSES.—(1) The Center shall be the coordi20 nating agent for multidisciplinary and multiinstitutional

21 research within the Department of Defense on women’s

22 health issues related to service in the armed forces. The

23 Center shall be dedicated to development and application

24 of new knowledge, procedures, techniques, training, and
91

HR 2401 EH

1 equipment for the improvement of the health of women

2 in the armed forces.

3 ‘‘(2) In carrying out or sponsoring research studies,

4 the Center shall provide that the cohort of women in the

5 armed forces shall be considered as control groups.

6 ‘‘(3) The Center shall support the goals and objec7 tives recognized by the Department of Defense under the

8 plan of the Department of Health and Human Services

9 designated as ‘Healthy People 2000’.

10 ‘‘(4) The Center shall support initiation and expan11 sion of research into matters relating to women’s health

12 in the military, including the following matters as they re13 late to women in the military:

14 ‘‘(A) Combat stress and trauma.

15 ‘‘(B) Exposure to toxins and other environ16 mental hazards associated with military hardware.

17 ‘‘(C) Psychology related stresses in warfare sit18 uations.

19 ‘‘(D) Breast cancer.

20 ‘‘(E) Reproductive health, including pregnancy.

21 ‘‘(F) Gynecological cancers.

22 ‘‘(G) Infertility and sexually transmitted dis23 eases.

24 ‘‘(H) HIV and AIDS.
92

HR 2401 EH

1 ‘‘(I) Mental health, including post-traumatic

2 stress disorder and depression.

3 ‘‘(J) Menopause, osteoporosis, Alzheimer’s dis4 ease, and other conditions and diseases related to

5 aging.

6 ‘‘(K) Substance abuse.

7 ‘‘(L) Sexual violence and related trauma.

8 ‘‘(M) Human factor studies related to women in

9 combat.

10 ‘‘(c) REQUIREMENTS RELATING TO ESTABLISHMENT

11 OF CENTER.—The Center may be established only at a

12 facility of the Army in existence on July 1, 1993, having

13 the following characteristics:

14 ‘‘(1) A physical plant immediately available to

15 serve as headquarters for the medical activities to be

16 carried out by the Center.

17 ‘‘(2) Ongoing fellowship and residency pro18 grams colocated with ongoing collaborative health-re19 lated and interdisciplinary research of (A) a facility

20 of the Department of Veterans Affairs, (B) an ac21 credited university with specialties in medical re22 search and clinical diagnostics, and (C) a hospital

23 owned and operated by a municipality.

24 ‘‘(3) A technologically modern laboratory capa25 bility at the site and at the affiliated sites referred
93

HR 2401 EH

1 to in paragraph (2), with the capability to include

2 state-of-the-art clinical diagnostic instrumentation,

3 data processing, telecommunication, and data stor4 age systems.

5 ‘‘(4) Compatibility with and capability to effec6 tively expand its existing mission in accordance with

7 the mission of the Center under this section.

8 ‘‘(5) Maximum multi-State geographic jurisdic9 tion to permit regional health-related issues to be re10 searched and integrated into national military

11 databases.

12 ‘‘(6) An existing relationship for the provision

13 of services to Native Americans through the Indian

14 Health Service.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by inserting after the item relating

17 to section 2358 the following new item:

‘‘2359. Defense Women’s Health Research Center.’’.

18 (b) IMPLEMENTATION PLAN.—The Secretary of De19 fense, acting through the Secretary of the Army and in

20 coordination with the other military departments, shall

21 prepare a plan for the implementation of section 2359 of

22 title 10, United States Code, as added by subsection (a).

23 The plan shall be submitted to the Committees on Armed

24 Services of the Senate and House of Representatives be25 fore May 1, 1994.
94

HR 2401 EH

1 (c) ACTIVITIES FOR FISCAL YEAR 1994.—During fis2 cal year 1994, the Center established under section 2359

3 of title 10, United States Code, as added by subsection

4 (a), shall address the following:

5 (1) Program planning, infrastructure develop6 ment, baseline information gathering, technology in7 fusion, and connectivity.

8 (2) Management and technical staffing.

9 (3) Data base development of health issues re10 lated to service on active duty as compared to serv11 ice in the National Guard or Reserves.

12 (4) Research protocols, cohort development,

13 health surveillance and epidemiologic studies.

14 (d) FUNDING.—Of the funds authorized to be appro15 priated in section 201, $40,000,000 shall be available only

16 for the establishment of the Center and to complete the

17 planning, staffing, and infrastructure development leading

18 to full operation of the Center by 1995.

19 SEC. 252. CONTINUATION OF ARMY BREAST CANCER RE20 SEARCH PROGRAM.

21 During fiscal year 1994, the Secretary of the Army

22 shall continue the breast cancer research program estab23 lished in the second and third provisos in the paragraph

24 in title IV of the Department of Defense Appropriations

25 Act, 1993 (Public Law 102–396; 106 Stat. 1890) under
95

HR 2401 EH

1 the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

2 EVALUATION, ARMY’’.

3 SEC. 253. INCLUSION OF WOMEN AND MINORITIES IN CLIN4 ICAL RESEARCH PROJECTS.

5 (a) GENERAL RULE.—In conducting or supporting

6 clinical research, the Secretary of Defense shall ensure

7 that—

8 (1) women who are members of the Armed

9 Forces are included as subjects in each project of

10 such research; and

11 (2) members of minority groups who are mem12 bers of the Armed Forces are included as subjects

13 of such research.

14 (b) WAIVER AUTHORITY.—The requirement in sub15 section (a) regarding women and members of minority

16 groups who are members of the Armed Forces may be

17 waived by the Secretary of Defense with respect to a

18 project of clinical research if the Secretary determines that

19 the inclusion, as subjects in the project, of women and

20 members of minority groups, respectively—

21 (1) is inappropriate with respect to the health

22 of the subjects;

23 (2) is inappropriate with respect to the purpose

24 of the research; or
96

HR 2401 EH

1 (3) is inappropriate under such other cir2 cumstances as the Secretary of Defense may des3 ignate.

4 (c) REQUIREMENT FOR ANALYSIS OF RESEARCH.—

5 In the case of a project of clinical research in which women

6 or members of minority groups will under subsection (a)

7 be included as subjects of the research, the Secretary of

8 Defense shall ensure that the project is designed and car9 ried out so as to provide for a valid analysis of whether

10 the variables being tested in the research affect women

11 or members of minority groups, as the case may be, dif12 ferently than other persons who are subjects of the re13 search.

14 SEC. 254. REPORT ON RESEARCH RELATING TO FEMALE

15 MEMBERS OF THE UNIFORMED SERVICES

16 AND FEMALE COVERED BENEFICIARIES.

17 Not later than July 1 of each of 1995, 1996, and

18 1997, the Secretary of Defense shall submit to Congress

19 a report containing—

20 (1) a description (as of May 31 of the year in

21 which the report is submitted) of the status of any

22 health research that is being carried out by or under

23 the jurisdiction of the Secretary relating to female

24 members of the uniformed services and female cov-
97

HR 2401 EH

1 ered beneficiaries under chapter 55 of title 10, Unit2 ed States Code; and

3 (2) recommendations of the Secretary as to fu4 ture health research (including a proposal for any

5 legislation relating to such research) relating to such

6 female members and covered beneficiaries.

7 Subtitle E—Other Matters

8 SEC. 261. REPEAL OF REQUIREMENT FOR STUDY BY OF9 FICE OF TECHNOLOGY ASSESSMENT.

10 Section 802(c) of the National Defense Authorization

11 Act for Fiscal Years 1992 and 1993 (Public Law 102–

12 190; 105 Stat. 1414; 10 U.S.C. 2372 note) is repealed.

13 SEC. 262. COMPREHENSIVE INDEPENDENT STUDY OF NA14 TIONAL CRYPTOGRAPHY POLICY.

15 (a) STUDY BY NATIONAL RESEARCH COUNCIL.—Not

16 later than 90 days after the date of the enactment of this

17 Act, the Secretary of Defense shall request the National

18 Research Council of the National Academy of Sciences to

19 conduct a comprehensive study of cryptographic tech20 nologies and national cryptography policy. The study shall

21 assess the effect of cryptographic technologies on national

22 security interests of the United States Government, on

23 commercial interests of United States industry, and on

24 privacy interests of United States citizens.
98

HR 2401 EH

1 (b) INTERAGENCY COOPERATION WITH STUDY.—

2 The Secretary of Defense shall direct the National Secu3 rity Agency, the Advanced Research Projects Agency, and

4 other appropriate agencies of the Department of Defense

5 to cooperate fully with the National Research Council in

6 its activities in carrying out the study under this section.

7 The Secretary shall request all other appropriate Federal

8 departments and agencies to provide similar cooperation

9 to the National Research Council.

10 (c) FUNDING.—Of the amount authorized to be ap11 propriated in section 201 for Defense-wide activities,

12 $800,000 shall be available for the study under this sec13 tion.

14 (d) REPORT.—The National Research Council shall

15 complete the study and submit to the Secretary of Defense

16 a report on the study within approximately two years after

17 full processing of security clearances under subsection (e).

18 The report on the study shall set forth the Council’s find19 ings and conclusions and the recommendations of the

20 Council for improvements in cryptography policy and pro21 cedures. The Secretary shall submit the report to the

22 Committees on Armed Services of the Senate and House

23 of Representatives in unclassified form, with classified an24 nexes as necessary, not later than 120 days after the day

25 on which the report is submitted to the Secretary.
99

HR 2401 EH

1 (e) EXPEDITED PROCESSING OF SECURITY CLEAR2 ANCES FOR STUDY.—For the purpose of facilitating the

3 commencement of the study under this section, the Sec4 retary of Defense shall expedite to the fullest degree pos5 sible the processing of security clearances that are nec6 essary for the National Research Council to conduct the

7 study.

8 SEC. 263. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH

9 AND DEVELOPMENT CATEGORIES.

10 (a) REVIEW REQUIRED.—The Secretary of Defense

11 shall carry out a review of the general content of the re12 search and development categories of the Department of

13 Defense designated as 6.3, 6.4, 6.5, and 6.6, including a

14 review of the criteria for assigning programs to those cat15 egories. The review shall examine the assignment of cur16 rent programs to those categories for the purpose of en17 suring that those programs are correctly categorized and

18 assigned program element numbers in accordance with ex19 isting Department of Defense policy.

20 (b) RESPONSIBLE OFFICIAL.—The Secretary of De21 fense shall designate an official within the Office of the

22 Secretary of Defense to be responsible for monitoring and

23 periodically reviewing program elements for proper cat24 egorization to the categories specified in subsection (a).
100

HR 2401 EH

1 (c) REPORT.—The Secretary shall include with the

2 budget materials for fiscal year 1995 submitted to Con3 gress by the Secretary in support of the President’s budg4 et for that year a report on the implementation of this

5 section. The report (1) shall include a certification (or an

6 explanation of why the Secretary cannot certify) that cur7 rent research and development programs are correctly cat8 egorized as described in subsection (a), and (2) shall speci9 fy the official designated under subsection (b).

10 SEC. 264. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT

11 RESPONSIBILITY FOR NAVY MINE COUNTER12 MEASURES PROGRAM.

13 Section 216 of the National Defense Authorization

14 Act for Fiscal Years 1992 and 1993 (Public Law 102–

15 190; 105 Stat. 1317) is amended by striking out ‘‘during

16 fiscal years 1994 through 1997’’ in subsection (a) and in17 serting in lieu thereof ‘‘during fiscal years 1995 through

18 1997’’.

19 SEC. 265. STRATEGIC ENVIRONMENTAL RESEARCH AND DE20 VELOPMENT PROGRAM.

21 (a) COMPOSITION OF COUNCIL.—Section 2902(b) of

22 title 10, United States Code, is amended—

23 (1) by striking out ‘‘thirteen members’’ and in24 serting in lieu thereof ‘‘fourteen members’’;
101

HR 2401 EH

1 (2) in paragraph (1), by striking out ‘‘Assistant

2 Secretary of Defense responsible for matters relating

3 to production and logistics’’ and inserting in lieu

4 thereof ‘‘Deputy Under Secretary of Defense for En5 vironmental Security’’;

6 (3) by redesignating paragraphs (9) and (10)

7 as paragraphs (10) and (11), respectively; and

8 (4) by inserting after paragraph (8) the follow9 ing new paragraph (9):

10 ‘‘(9) The Administrator of the National Oceanic

11 and Atmospheric Administration.’’.

12 (b) JOINT PROJECTS.—Section 2902(e)(6) of such

13 title is amended by striking out ‘‘and the Administrator

14 of the Environmental Protection Agency,’’ and inserting

15 ‘‘the Administrator of the Environmental Protection

16 Agency, and the Administrator of the National Oceanic

17 and Atmospheric Administration,’’.

18 SEC. 266. AUTHORIZED USE FOR FACILITY CONSTRUCTED

19 WITH PRIOR DEFENSE GRANT FUNDS.

20 The plasma are facilities constructed using funds pro21 vided under grants made to the South Carolina Research

22 Authority from amounts appropriated in the Department

23 of Defense Appropriations Act, 1988 (Public Law 100–

24 463), and the Department of Defense Appropriations Act,
102

HR 2401 EH

1 1991 (Public Law 101–511), may be equipped and oper2 ated as prototype materials processing facilities.

3 SEC. 267. GRANT TO SUPPORT ESTABLISHMENT OF RE4 SEARCH FACILITY TO STUDY LOW-LEVEL

5 CHEMICAL SENSITIVITIES.

6 (a) IN GENERAL.—The Secretary of Defense, in con7 sultation with the Secretary of Health and Human Serv8 ices, shall make a grant in the amount of $1,200,000 to

9 a medical research institution selected through established

10 acquisition procedures for the purpose of constructing and

11 equipping a specialized environmental medical facility at

12 that institution with the purpose of studying the possible

13 health effects of exposure to low levels of volatile organic

14 chemicals and other substances and the individual suscep15 tibility of humans to such exposure under environmentally

16 controlled conditions, especially among persons who served

17 on active duty in the Southwest Asia theater of operation

18 during the Persian Gulf War.

19 (b) FUNDING SOURCE.—Funds for the grant under

20 subsection (a) shall be made from amounts appropriated

21 to the Department of Defense for fiscal year 1994 for re22 search, development, test, and evaluation.

23 (c) SELECTION CRITERIA.—To be eligible to be se24 lected for a grant under subsection (a), an institution—
103

HR 2401 EH

1 (1) must be affiliated with an accredited hos2 pital and be affiliated with, and in close proximity

3 to, a Department of Defense medical center and a

4 Department of Veterans Affairs medical center;

5 (2) must enter into an agreement with the Sec6 retary of Defense to ensure that research personnel

7 of those affiliated medical facilities and other rel8 evant Federal personnel may have access to the fa9 cility to carry out research;

10 (3) must have demonstrated potential or ability

11 to ensure the participation of scientific personnel

12 with expertise in research on possible chemical sen13 sitivities to low-level exposure to volatile organic

14 chemicals and other substances; and

15 (4) must have immediate access to sophisticated

16 physiological imaging (including functional brain im17 aging) and other innovative research technology that

18 could better define the possible health effects of low19 level exposure to volatile organic chemicals and other

20 substances and lead to new therapies.

21 SEC. 268. LYME DISEASE PROGRAM.

22 (a) PROGRAM.—The Secretary of Defense shall carry

23 out a program relating to Lyme disease. The program

24 shall be carried out through the Environmental Hygiene

25 Agency of the Department of the Army. The Secretary
104

HR 2401 EH

1 shall provide that information relating to prevention, de2 tection, or treatment of Lyme disease that is developed

3 under the program and that may be applicable to the gen4 eral public shall be provided to the Secretary of Health

5 and Human Services for dissemination to appropriate pub6 lic health authorities through the Public Health Service.

7 (b) FUNDING.—From funds made available to the

8 Army for fiscal year 1994 for research, development, test,

9 and evaluation pursuant to section 201, the sum of

10 $1,000,000 shall be available for the program under sub11 section (a), of which $500,000 shall be for one-time start12 up costs for equipment, facilities, and software develop13 ment and $500,000 shall be for fiscal year 1994 labor and

14 operating expenses.

15 TITLE III—OPERATION AND

16 MAINTENANCE

17 Subtitle A—Authorization of

18 Appropriations

19 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

20 Funds are hereby authorized to be appropriated for

21 fiscal year 1994 for the use of the Armed Forces and other

22 activities and agencies of the Department of Defense for

23 expenses, not otherwise provided for, for operation and

24 maintenance in amounts as follows:

25 (1) For the Army, $16,462,610,000.
105

HR 2401 EH

1 (2) For the Navy, $20,102,493,000.

2 (3) For the Marine Corps, $1,990,139,000.

3 (4) For the Air Force, $19,788,648,000.

4 (5) For Defense-wide activities,

5 $9,069,428,000.

6 (6) For Medical Programs, Defense,

7 $9,106,685,000.

8 (7) For the Army Reserve, $1,095,590,000.

9 (8) For the Naval Reserve, $775,800,000.

10 (9) For the Marine Corps Reserve,

11 $75,050,000.

12 (10) For the Air Force Reserve,

13 $1,354,578,000.

14 (11) For the Army National Guard,

15 $2,223,255,000.

16 (12) For the Air National Guard,

17 $2,665,233,000.

18 (13) For the National Board for the Promotion

19 of Rifle Practice, $2,483,000.

20 (14) For the Defense Inspector General,

21 $169,001,000.

22 (15) For Drug Interdiction and Counter-drug

23 Activities, Defense-wide, $1,109,439,000.

24 (16) For the Court of Military Appeals,

25 $5,610,000.
106

HR 2401 EH

1 (17) For Environmental Restoration, Defense,

2 $2,309,400,000.

3 (18) For Chemical Agents and Munitions De4 struction, Defense-wide, $308,161,000.

5 SEC. 302. WORKING CAPITAL FUNDS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1994 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for

9 providing capital for working capital and revolving funds

10 in amounts as follows:

11 (1) For the Defense Business Operations Fund,

12 $1,091,095,000.

13 (2) For the National Defense Sealift Fund,

14 $290,800,000.

15 SEC. 303. ARMED FORCES RETIREMENT HOME.

16 There is hereby authorized to be appropriated for fis17 cal year 1994 from the Armed Forces Retirement Home

18 Trust Fund the sum of $61,890,000 for operation of the

19 Armed Forces Retirement Home.

20 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK21 PILE FUND.

22 (a) AUTHORITY TO TRANSFER FUNDS.—From

23 amounts in the National Defense Stockpile Transaction

24 Fund that the Secretary of Defense determines are not

25 needed to meet current and estimated future obligations
107

HR 2401 EH

1 under the Strategic and Critical Materials Stock Piling

2 Act (50 U.S.C. 98a et seq.), as described in the annual

3 materials plan submitted on May 28, 1993, for the five4 year period beginning October 1, 1993, the Secretary of

5 Defense may, to the extent provided in appropriations

6 Acts, transfer not more than $500,000,000 from the Fund

7 to appropriations for operation and maintenance for fiscal

8 year 1994 to be used only for the purpose of reducing the

9 backlog of maintenance and repair (BMAR).

10 (b) AVAILABILITY.—Amounts transferred pursuant

11 to subsection (a) shall be available for obligation until ex12 pended and shall be in addition to any other funds avail13 able for the purpose described in such subsection.

14 (c) TREATMENT OF TRANSFER.—Amounts trans15 ferred pursuant to this section shall not increase the

16 amount authorized to be appropriated in section 301 for

17 the account to which the amount is transferred.

18 Subtitle B—Limitations

19 SEC. 311. NOTIFICATION REQUIREMENT PRIOR TO TRANS20 FER OF CERTAIN FUNDS.

21 The Secretary of Defense may not transfer funds ap22 propriated to operation and maintenance accounts of the

23 Department of Defense for air operations, ship operations,

24 land forces, and combat operations, unless, before the
108

HR 2401 EH

1 transfer, the Secretary notifies the Congress of the trans2 fer and the reasons for the transfer.

3 SEC. 312. EXTENSION OF LIMITATION ON THE USE OF CER4 TAIN FUNDS FOR PENTAGON RESERVATION.

5 Section 311(a) of the National Defense Authorization

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

7 2364) is amended by striking out ‘‘fiscal year 1993’’ in

8 paragraphs (1) and (3) and inserting in lieu thereof ‘‘fiscal

9 years 1993 and 1994’’.

10 SEC. 313. PROHIBITION ON OPERATION OF THE NAVAL AIR

11 STATION, BERMUDA.

12 (a) PROHIBITION.—No funds available to the Depart13 ment of Defense for operation and maintenance may be

14 used to operate the Naval Air Station, Bermuda.

15 (b) EFFECTIVE DATE.—Subsection (a) shall take ef16 fect 90 days after the date of the enactment of this Act.

17 SEC. 314. LIMITATION ON THE USE OF APPROPRIATED

18 FUNDS FOR DEPARTMENT OF DEFENSE GOLF

19 COURSES.

20 (a) IN GENERAL.—(1) Subchapter I of chapter 134

21 of title 10, United States Code, is amended by adding at

22 the end the following new section:
109

HR 2401 EH

1 ‘‘§ 2246. Department of Defense golf courses: limita2 tion on use of appropriated funds

3 ‘‘(a) LIMITATION.—Except as provided in subsection

4 (b), funds appropriated to the Department of Defense may

5 not be used to equip, operate, or maintain a golf course

6 at a facility or installation of the Department of Defense.

7 ‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not

8 apply to a golf course at a facility or installation outside

9 the United States or at a facility or installation inside the

10 United States at a location designated by the Secretary

11 of Defense as a remote and isolated location.

12 ‘‘(2) The Secretary of Defense shall prescribe regula13 tions governing the use of appropriated funds under this

14 subsection.’’.

15 (2) The table of sections at the beginning of such sub16 chapter is amended by adding at the end the following

17 new item:

‘‘2246. Department of Defense golf courses: limitation on use of appropriated

funds.’’.

18 SEC. 315. CODIFICATION OF PROHIBITION ON THE USE OF

19 CERTAIN COST COMPARISON STUDIES.

20 (a) IN GENERAL.—Section 2467 of title 10, United

21 States Code, is amended—

22 (1) by redesignating subsections (a) and (b) as

23 subsections (c) and (d), respectively;
110

HR 2401 EH

1 (2) by inserting before subsection (c), as redes2 ignated by paragraph (1), the following new sub3 sections:

4 ‘‘(a) PROHIBITION.—Except as provided in sub5 section (b), the Secretary of Defense may not enter into

6 a contract for the performance of a commercial activity

7 in any case in which the contract results from a cost com8 parison study conducted by the Department of Defense

9 under Office of Management and Budget Circular A–76

10 (or any successor administrative regulation or policy).

11 ‘‘(b) EXCEPTIONS FOR CERTAIN CONTRACTS.—Sub12 section (a) does not apply to—

13 ‘‘(1) a contract to be carried out at a location

14 outside the United States at which members of the

15 armed forces would have to be used for the perform16 ance of an activity described in subsection (a) at the

17 expense of unit readiness; or

18 ‘‘(2) a contract (or the renewal of a contract)

19 for the performance of an activity under contract on

20 September 30, 1992.’’; and

21 (3) in subsection (d)(1), as redesignated by

22 paragraph (1), by striking out ‘‘Each officer’’ and

23 inserting in lieu thereof ‘‘In any case in which a

24 comparison referred to in subsection (c) is con25 ducted, the officer’’.
111

HR 2401 EH

1 (b) CONFORMING AMENDMENTS.—(1) The heading

2 of such section is amended to read as follows:

3 ‘‘§ 2467. Prohibition on the use of certain cost com4 parison studies’’.

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

6 sections at the beginning of chapter 146 of such title is

7 amended to read as follows:

‘‘2467. Prohibition on the use of certain cost comparison studies.’’.

8 (c) REPEAL.—Section 312 of the National Defense

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

10 484; 106 Stat. 2365) is repealed.

11 (d) EFFECTIVE DATE.—This section, and the amend12 ments made by this section, shall take effect on September

13 30, 1993.

14 SEC. 316. LOCATION OF CERTAIN PREPOSITIONING FACILI15 TIES.

16 (a) SITE FOR ARMY PREPOSITIONING MAINTENANCE

17 FACILITY.—The Secretary of the Army shall establish the

18 Army Prepositioning Maintenance Facility at Charleston,

19 South Carolina.

20 (b) LIMITATION.—During the two-year period begin21 ning on the date of the enactment of this Act, the Sec22 retary of Defense shall ensure that separate but com23 plementary prepositioning facilities are maintained in

24 Charleston, South Carolina, and Blount Island, Florida,

25 for the Army and Marine Corps, respectively.
112

HR 2401 EH

1 (c) REPORT BEFORE SUBSEQUENT RELOCATION.—

2 After the end of such two-year period, any decision by the

3 Secretary of the Navy to relocate the Marine

4 Prepositioning Forces (MPF) from Blount Island, Jack5 sonville, Florida, may be made only after the Secretary

6 of Defense has submitted to the Committees on Armed

7 Services of the Senate and House of Representatives a de8 tailed cost and operational analysis explaining the basis

9 of the decision for such relocation.

10 SEC. 317. USE OF FUNDS FOR NAVY DEPOT BACKLOG.

11 Of the funds authorized to be appropriated under sec12 tion 301(2) for operation and maintenance for the Navy,

13 $200,000,000 (representing the amount by which the

14 amount of such funds exceeds the amount specified in the

15 budget of the President for operation and maintenance for

16 the Navy for fiscal year 1994) may be used only to de17 crease the backlog of depot-level maintenance and repair.

18 SEC. 318. LIMITATION ON USE OF FUNDS FOR TRIDENT

19 SUBMARINE FORCE.

20 Amounts authorized to be appropriated under section

21 301(2) that are made available for operation and support

22 of the trident submarine force may not exceed an amount

23 that equals the difference between—

24 (1) the amount in the budget submitted by the

25 President for fiscal year 1994 (pursuant to section
113

HR 2401 EH

1 1105 of title 31, United States Code) for operation

2 and support of the trident submarine force; and

3 (2) $100,000,000.

4 SEC. 319. LIMITATION ON OBLIGATION OF FUNDS IN CON5 NECTION WITH UPGRADES OR REPAIRS AT

6 THE ARMY RESERVE FACILITY IN MARCUS

7 HOOK, PENNSYLVANIA.

8 (a) LIMITATION ON OBLIGATION OF FUNDS.—Except

9 as provided in subsection (b), none of the funds appro10 priated for fiscal year 1994 pursuant to an authorization

11 of appropriations contained in this Act may be obligated

12 or expended to plan or carry out any upgrade, repair, or

13 other construction at the Army Reserve Facility in Marcus

14 Hook, Pennsylvania (in this section referred to as the

15 ‘‘Marcus Hook facility’’), until after the end of the 30 day16 period beginning on the date the Secretary of the Army

17 submits to the congressional defense committees the re18 port required by subsection (c).

19 (b) EXCEPTION.—Subsection (a) shall not prohibit

20 obligations or expenditures of funds in connection with

21 construction at the Marcus Hook facility if the Secretary

22 certifies to the congressional defense committees in ad23 vance that the construction is limited to emergency repairs

24 necessary to continue operations of water craft support at

25 the Marcus Hook facility.
114

HR 2401 EH

1 (c) REPORT REQUIRED.—The Secretary shall pre2 pare a report evaluating the suitability of alternative sites

3 within a 100 mile radius of the Marcus Hook facility to

4 replace the facility. The report shall contain, at a mini5 mum, a detailed accounting of—

6 (1) required pier and building space and avail7 able building and pier space at each alternative site;

8 (2) the costs required to operate comparable

9 spaces at each alternative site;

10 (3) other users at each alternative site and

11 their space requirements; and

12 (4) the assets and liabilities at each alternative

13 site.

14 SEC. 320. PROHIBITION ON CONTRACTS WITH THE BAH15 RAIN SHIP REPAIRING AND ENGINEERING

16 COMPANY FOR SHIP REPAIR.

17 (a) PROHIBITION.—Notwithstanding section 7299a

18 of title 10, United States Code, the Secretary of Defense

19 may not enter into a contract with the Bahrain Ship Re20 pairing and Engineering Company for the overhaul, re21 pair, or maintenance of naval vessels until the Secretary

22 certifies to the Committees on Armed Services of the Sen23 ate and House of Representatives that at least one of the

24 following conditions exists:
115

HR 2401 EH

1 (1) The work was unplanned and is of an emer2 gency nature.

3 (2) There is a compelling national security rea4 son for the work to be done by the Bahrain Ship Re5 pairing and Engineering Company.

6 (3) The Bahrain Ship Repairing and Engineer7 ing Company initiates legal proceedings, or other

8 proceedings, to compensate the members of the

9 Navy killed as a result of the explosion in the engine

10 room of the U.S.S. Iwo Jima that occurred after the

11 repair of the U.S.S. Iwo Jima by that company.

12 (b) APPLICABILITY.—Subsection (a) applies with re13 spect to contracts for the overhaul, repair, or maintenance

14 of a naval vessel entered into after the date of enactment

15 of this Act.

16 SEC. 321. LIMITATION ON CHARTERING OF VESSELS ON

17 WHICH REFLAGGING OR CONVERSION WORK

18 HAS BEEN PERFORMED IN A FOREIGN SHIP19 YARD.

20 Section 2631 of title 10, United States Code, is

21 amended—

22 (1) by inserting ‘‘(a)’’ before ‘‘Only vessels’’;

23 and

24 (2) by adding at the end the following new sub25 section:
116

HR 2401 EH

1 ‘‘(b)(1) The Secretary of Defense may enter into a

2 time-charter contract for the use of a vessel for the trans3 portation of supplies, in the case of a vessel on which

4 reflagging or repair work was performed during the two5 year period preceding the date of the award of the pro6 posed charter, only if such work was performed at a ship7 yard in the United States (including any territory of the

8 United States).

9 ‘‘(2) In paragraph (1), the term ‘reflagging or repair

10 work’ means work performed on a vessel—

11 ‘‘(A) to enable the vessel to meet applicable

12 standards to become a vessel of the United States;

13 or

14 ‘‘(B) to convert the vessel to a more useful mili15 tary configuration.’’.

16 SEC. 322. ONE-YEAR PROHIBITION ON REDUCTION OF

17 FORCE STRUCTURE FOR RESERVE COMPO18 NENT SPECIAL OPERATIONS FORCES.

19 (a) PROHIBITION.—During fiscal year 1994, the Sec20 retary of Defense may not reduce the force structure of

21 the special operations forces of the reserve components

22 below the force structure of those forces as of September

23 30, 1993.

24 (b) DEFINITION.—In this section, the term ‘‘force

25 structure’’ means the number and types of units and orga-
117

HR 2401 EH

1 nizations, and the number of authorized personnel spaces

2 allocated to those units and organizations, in a military

3 force.

4 SEC. 323. PROHIBITION ON JOINT USE OF SELFRIDGE AIR

5 NATIONAL GUARD BASE, MICHIGAN, WITH

6 CIVIL AVIATION.

7 The Secretary of the Air Force may not enter into

8 any agreement that would provide for or permit civil air9 craft to regularly use Selfridge Air National Guard Base

10 in Harrison Township, Michigan.

11 SEC. 324. LIMITATION ON USE OF GOVERNMENT FACILI12 TIES FOR CERTAIN MASTER SHIP REPAIR

13 AGREEMENTS.

14 (a) LIMITATION.—The only non-Federal Government

15 entity who may include the use of facilities owned, oper16 ated, or under the jurisdiction of the Department of De17 fense in a bid or solicitation for ship repair activities with

18 the Department of Defense is an entity referred to in sub19 section (b).

20 (b) COVERED ENTITIES.—An entity referred to in

21 subsection (a) is a person who, on or after the date of

22 the enactment of this Act, holds a master ship repair

23 agreement with the Department of Defense in the relevant

24 homeport area.
118

HR 2401 EH

1 Subtitle C—Defense-Wide Funds

2 SEC. 331. PROHIBITION ON USE OF DEFENSE BUSINESS OP3 ERATIONS FUND.

4 The Secretary of Defense shall not, after April 15,

5 1994, manage the performance of any function, activity,

6 fund, or account of the Department of Defense through

7 the Defense Business Operations Fund established by sec8 tion 316 of the National Defense Authorization Act for

9 Fiscal Years 1992 and 1993 (Public Law 102–190; 105

10 Stat. 1338)). After April 15, 1994, any management

11 through a defense-wide fund of functions, activities, funds,

12 and accounts that were managed through the Defense

13 Business Operations Fund may be only as provided in sec14 tion 333.

15 SEC. 332. CLASSIFICATION OF CERTAIN COMPETITIVE AND

16 NONCOMPETITIVE ACTIVITIES OF THE DE17 PARTMENT OF DEFENSE; NONCOMPETITIVE

18 RATES BOARD.

19 (a) CLASSIFICATION ACCORDING TO COMPETITIVE20 NESS.—Not later than April 15, 1994, the Secretary of

21 Defense shall classify each function, fund, activity, and ac22 count that is managed by the Secretary under a single,

23 defense-wide fund (including the Defense Business Oper24 ations Fund established in section 316 of the National De25 fense Authorization Act for Fiscal Years 1992 and 1993
119

HR 2401 EH

1 (Public Law 102–190; 105 Stat. 1338)) according to

2 whether or not the function, fund, activity, or account is

3 suitable for provision and purchase by the Department of

4 Defense in a competitive market. The Secretary of De5 fense shall revise a classification under this subsection

6 whenever the Secretary considers it to be appropriate.

7 (b) PRICING AND PERFORMANCE OF COMPETITIVE

8 ACTIVITIES.—The Secretary of Defense shall take any ac9 tion necessary to provide for competitive pricing and active

10 competition among suppliers for the operation of each

11 function, fund, activity, or account classified as suitable

12 for competition under subsection (a).

13 (c) RATES FOR NONCOMPETITIVE ACTIVITIES.—The

14 Secretary of Defense shall establish rates and prices, and

15 standards for the rates and prices, for each function, fund,

16 activity, or account classified as not suitable for competi17 tion under subsection (a).

18 (d) NONCOMPETITIVE RATES BOARD.—(1) The Sec19 retary of Defense shall appoint a Noncompetitive Rates

20 Board (in this section referred to as the ‘‘Board’’) to regu21 larly review the rates, prices, and standards established

22 under subsection (c).

23 (2) The Board shall be composed of 3 individuals,

24 at least one of whom shall have experience in the private25 sector performance of functions, funds, activities, and ac-
120

HR 2401 EH

1 counts classified as not suitable for competition under sub2 section (a).

3 (3)(A) Each member of the Board shall be paid at

4 a rate equal to the daily equivalent of the minimum annual

5 rate of basic pay payable for level IV of the Executive

6 Schedule under section 5315 of title 5, United States

7 Code, for each day (including travel time) during which

8 the member is engaged in the actual performance of the

9 duties of the Board.

10 (B) Each member of the Board shall receive travel

11 expenses, including per diem in lieu of subsistence, in ac12 cordance with sections 5702 and 5703 of title 5, United

13 States Code.

14 (4) The Secretary of Defense shall provide the Board

15 with the information and the administrative, professional,

16 and technical support required by the Board to carry out

17 its duties under this section.

18 (5) The Board shall annually submit to the congres19 sional defense committees, at the same time as the report

20 required to be submitted under section 333(i), the results

21 of reviews conducted under paragraph (1) and the rec22 ommendations of the Board for any legislative and admin23 istrative action the Board considers to be appropriate.
121

HR 2401 EH

1 SEC. 333. COMPETITIVE AND REGULATED BUSINESS OPER2 ATIONS FUNDS.

3 (a) AUTHORITY TO BORROW FROM GENERAL

4 FUND.—To the extent provided in appropriations Acts,

5 the Secretary of Defense may borrow from the General

6 Fund of the Treasury such sums as may be necessary to

7 purchase the assets of the Defense Business Operations

8 Fund (in this section referred to as the ‘‘DBOF’’) and

9 to provide for the management of functions, funds, activi10 ties, and accounts referred to in subsection (b).

11 (b) PURCHASE OF DBOF ASSETS.—With amounts

12 borrowed under subsection (a), the Secretary of Defense

13 shall purchase from the DBOF at fair market value—

14 (1) all assets of each function, fund, activity, or

15 account managed through the DBOF and classified

16 under section 332 as suitable to competition; and

17 (2) all assets of each function, fund, activity, or

18 account managed through the DBOF and classified

19 under section 332 as not suitable to competition.

20 (c) PAYMENT OF DBOF PURCHASE AMOUNTS TO

21 THE GENERAL FUND.—Amounts received by the DBOF

22 from the sale of DBOF assets under subsection (b) shall

23 be deposited in the General Fund of the Treasury.

24 (d) ESTABLISHMENT OF CBOF AND RBOF.—(1)

25 There are established in the Treasury of the United States

26 the following revolving funds:
122

HR 2401 EH

1 (A) The ‘‘Competitive Business Operations

2 Fund’’ (in this section referred to as the ‘‘CBOF’’).

3 (B) The ‘‘Regulated Business Operations

4 Fund’’ (in this section referred to as the ‘‘RBOF’’).

5 (2) The Secretary of Defense may manage the per6 formance of any function, fund, activity, or account re7 ferred to in subsection (b)(1) through the CBOF. The as8 sets of each such fund, function, activity, or account pur9 chased from the DBOF under such subsection shall be

10 transferred to and accounted for in the CBOF.

11 (3) The Secretary of Defense may manage the per12 formance of any function, fund, activity, or account re13 ferred to in subsection (b)(2) through the RBOF. The as14 sets of each such function, fund, activity, or account pur15 chased from the DBOF under such subsection shall be

16 transferred to and accounted for in the RBOF.

17 (e) REPAYMENT TO THE GENERAL FUND.—The Sec18 retary of Defense shall repay, out of the CBOF, the

19 amount of any sums borrowed under subsection (a) and

20 used to purchase assets for the CBOF. The Secretary of

21 Defense shall repay, out of the RBOF, the amount of any

22 sums borrowed under subsection (a) and used to purchase

23 assets for the RBOF. Interest on the amount borrowed

24 shall be paid quarterly and shall equal the average quar25 terly rate of interest for funds borrowed by the Treasury.
123

HR 2401 EH

1 The amount of the repayment and interest shall be depos2 ited in the General Fund of the Treasury.

3 (f) TREATMENT OF NET GAINS AND LOSSES.—(1)

4 The amount of any net gain from the operation of a func5 tion, fund, activity, or account managed through the

6 CBOF or the RBOF shall be deposited in the General

7 Fund of the Treasury.

8 (2) There are authorized to be appropriated to the

9 CBOF or the RBOF, as the case may be, such sums as

10 may be necessary to make up a net loss from the perform11 ance of a function, fund, activity, or account managed

12 through the CBOF or the RBOF, as the case may be.

13 (g) SEPARATE ACCOUNTING, REPORTING, AND AU14 DITING.—For purposes of reporting and auditing, the Sec15 retary of Defense shall maintain the separate identity and

16 separate records (including separate records on net gains

17 and losses) for each function, fund, activity, or account

18 managed through the CBOF and the RBOF.

19 (h) INCLUSION OF OTHER FUNCTIONS IN CBOF AND

20 RBOF.—The Secretary shall notify the Congress of any

21 proposal by the Secretary to manage through the CBOF

22 or the RBOF any function, fund, activity, or account that

23 is in addition to the functions, fund, activities, and ac24 counts referred to in subsection (b).
124

HR 2401 EH

1 (i) REPORT.—The Secretary of Defense shall submit

2 to the congressional defense committees, at the same time

3 the Secretary submits the report required under section

4 113 of title 10, United States Code, a report on the man5 agement of functions, funds, activities, and accounts

6 under the CBOF and the RBOF. The report shall

7 include—

8 (1) an identification of each function, fund, ac9 tivity, and account that is classified as suitable for

10 competition under section 332 and managed through

11 the CBOF;

12 (2) an identification of each function, fund, ac13 tivity, and account that is classified as not suitable

14 for competition under section 332 and managed

15 through the RBOF; and

16 (3) detailed information on the financial per17 formance and condition of each function, fund, activ18 ity, and account identified under paragraphs (1) and

19 (2), including information on net gains and losses.

20 (j) EFFECTIVE DATE.—This section shall take effect

21 on October 1, 1994.
125

HR 2401 EH

1 SEC. 334. EXTENSION OF LIMITATION ON OBLIGATION

2 AGAINST DEFENSE BUSINESS OPERATIONS

3 FUND.

4 Section 343(a) of the National Defense Authorization

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

6 2377) is amended by striking out ‘‘fiscal year 1993’’ both

7 places it appears and inserting in lieu thereof ‘‘a fiscal

8 year’’.

9 Subtitle D—Depot-Level Activities

10 SEC. 341. DEPARTMENT OF DEFENSE DEPOT TASK FORCE.

11 (a) ESTABLISHMENT.—The Secretary of Defense

12 shall appoint a task force to assess the overall perform13 ance and management of depot-level activities of the De14 partment of Defense. The assessment shall include—

15 (1) an identification of the functions and activi16 ties that are suitable for performance by depot-level

17 activities of the Department of Defense;

18 (2) an identification of the functions and activi19 ties that are suitable for performance by non-Gov20 ernment personnel;

21 (3) an evaluation of the manner and level of

22 performance of such work; and

23 (4) an evaluation of how rates, prices, and the

24 core workload requirements are determined for work

25 performed by the depot-level activities.
126

HR 2401 EH

1 (b) MEMBERSHIP.—The task force shall be composed

2 of individuals who are representatives of the Department

3 of Defense and the private sector and who have expertise

4 in the management and performance of depot-level activi5 ties.

6 (c) PAY AND TRAVEL EXPENSES.—(1) Each member

7 of the task force shall be paid at a rate equal to the daily

8 equivalent of the minimum annual rate of basic pay pay9 able for level IV of the Executive Schedule under section

10 5315 of title 5, United States Code, for each day (includ11 ing travel time) during which the member is engaged in

12 the actual performance of the duties of the task force.

13 (2) Each member of the task force shall receive travel

14 expenses, including per diem in lieu of subsistence, in ac15 cordance with sections 5702 and 5703 of title 5, United

16 States Code.

17 (d) ADMINISTRATIVE SUPPORT.—The Secretary of

18 Defense shall provide the task force with the administra19 tive, professional, and technical support required by the

20 task force to carry out its duties under this section.

21 (e) REPORT.—Not later than April 1, 1994, the task

22 force shall submit to the congressional defense committees

23 the results of the assessment conducted under subsection

24 (a) and the recommendations of the task for any legisla-
127

HR 2401 EH

1 tive and administrative action the task force considers to

2 be appropriate.

3 (f) TERMINATION.—The task force shall terminate

4 not later than 60 days after submitting its report pursuant

5 to subsection (e).

6 SEC. 342. RETENTION OF DEPOT-LEVEL MAINTENANCE

7 WORKLOAD MANAGEMENT BY THE MILITARY

8 DEPARTMENTS.

9 (a) MANAGEMENT OF DEPOT-LEVEL MAINTENANCE

10 WORKLOAD BY THE MILITARY DEPARTMENTS.—Chapter

11 146 of title 10, United States Code, is amended by adding

12 at the end the following new section:

13 ‘‘§ 2470. Depot-level maintenance workload: manage14 ment by the military departments

15 ‘‘The Secretary of Defense may not consolidate the

16 management of the depot-level maintenance workload of

17 the Department of Defense under a single defense-wide

18 entity. The management of any such workload for a mili19 tary department shall continue to be carried out by the

20 Secretary of the military department.’’.

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

22 at the beginning of such chapter is amended by adding

23 at the end the following new item:

‘‘2470. Depot-level maintenance workload: management by the military departments.’’.
128

HR 2401 EH

1 SEC. 343. CONTINUATION OF CERTAIN PERCENTAGE LIMI2 TATIONS ON THE PERFORMANCE OF DEPOT3 LEVEL MAINTENANCE.

4 The Secretary of Defense shall ensure that the per5 centage limitations on the performance of depot-level

6 maintenance of material set forth in section 2466 of title

7 10, United States Code, are adhered to. The Secretary of

8 Defense may not enter into a contract for the performance

9 exclusively by non-Federal Government personnel of any

10 depot-level maintenance that is not required to be per11 formed by employees of the Department of Defense under

12 such section unless, prior to selecting the entity to perform

13 the depot-level maintenance—

14 (1) the Secretary uses competitive procedures

15 for the selection; and

16 (2) where appropriate, depot-level activities of

17 the Department of Defense are eligible to compete

18 for the depot-level maintenance.

19 SEC. 344. PROHIBITION ON PERFORMANCE OF CERTAIN

20 DEPOT-LEVEL WORK BY FOREIGN CONTRAC21 TORS.

22 (a) IN GENERAL.—(1) Chapter 146 of title 10, Unit23 ed States Code, as amended by section 342, is amended

24 by adding at the end the following new section:
129

HR 2401 EH

1 ‘‘§ 2471. Prohibition on performance of certain depot2 level work by foreign contractors

3 ‘‘(a) PROHIBITION.—The Secretary of Defense may

4 not contract for the performance by a person or organiza5 tion described in subsection (b) of any depot-level mainte6 nance work that, in the determination of the Secretary,

7 could be performed in the United States on a cost-effective

8 basis and without significant adverse effect on the readi9 ness of the armed forces.

10 ‘‘(b) COVERED PERSONS AND ORGANIZATIONS.—A

11 person or organization referred to in subsection (a) is a

12 person or organization—

13 ‘‘(1) which does not perform substantially all of

14 its activities as part of the ‘national technology and

15 industrial base’, as such term is defined in para16 graph (1) of section 2491; and

17 ‘‘(2) which is not a citizen or permanent resi18 dent of a country referred to in such paragraph, or,

19 if applicable, the majority of which is owned or con20 trolled by citizens or permanent residents of any

21 such country.’’.

22 (2) The table of sections at the beginning of such

23 chapter, as amended by section 342, is amended by adding

24 at the end the following new item:

‘‘2471. Prohibition on performance of certain depot-level work by foreign contractors.’’.
130

HR 2401 EH

1 (b) EFFECTIVE DATE.—Section 2471 of title 10,

2 United States Code, as added by subsection (a), shall

3 apply with respect to contracts entered into after the expi4 ration of the 90-day period beginning on the date of the

5 enactment of this Act.

6 SEC. 345. MODIFICATION OF LIMITATION ON THE PER7 FORMANCE OF DEPOT-LEVEL MAINTENANCE

8 OF MATERIEL.

9 (a) MODIFICATION OF LIMITATION.—Subsection

10 (a)(1) of section 2466 of title 10, United States Code, is

11 amended by striking out ‘‘for the military department or

12 the Defense Agency’’ and inserting in lieu thereof ‘‘with

13 respect to each type of materiel or equipment, including

14 ships, aircraft, ordinance, supply, and land forces, for the

15 military department and the Defense Agency’’.

16 (b) REPORT.—Subsection (e) of such section is

17 amended to read as follows:

18 ‘‘(e) REPORT.—Not later than January 15, 1995, the

19 Secretary of each military department and, with respect

20 to the Defense Agencies, the Secretary of Defense shall

21 jointly submit to the Congress a report describing the

22 progress during the preceding fiscal year to achieve and

23 maintain the percentage of depot-level maintenance re24 quired to be performed by employees of the Department

25 of Defense pursuant to subsection (a).’’.
131

HR 2401 EH

1 SEC. 346. CLARIFICATION OF LIMITATION ON THE PER2 FORMANCE OF DEPOT-LEVEL MAINTENANCE

3 OF MATERIEL FOR NEW WEAPON SYSTEMS.

4 (a) CLARIFICATION OF LIMITATION.—Subsection (a)

5 of section 2466 of title 10, United States Code, is amend6 ed by adding at the end the following new paragraph:

7 ‘‘(3) The Secretary concerned shall, within 5 years

8 after the initial delivery of a weapon system to the Depart9 ment of Defense, provide for the performance by employ10 ees of the Department of Defense of not less than 60 per11 cent of the depot-level maintenance of the weapon sys12 tem.’’.

13 (b) CONFORMING AMENDMENT.—Paragraph (1) of

14 such subsection, as amended by section 345(a), is further

15 amended by striking out ‘‘paragraph (2)’’ and inserting

16 in lieu thereof ‘‘paragraphs (2) and (3)’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section shall apply with respect to a weapon system

19 delivered after the date of the enactment of this Act.

20 SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE

21 UNITED STATES.

22 (a) DESCRIPTION OF THE CLAIMS INVOLVED.—This

23 section applies with respect to any claim of the United

24 States against an individual which relates to a bonus or

25 other payment awarded to such individual under a produc26 tivity gainsharing program based on work performed by
132

HR 2401 EH

1 such individual as an employee of the Naval Aviation

2 Depot, Norfolk, Virginia, after September 30, 1988, and

3 before October 1, 1992.

4 (b) WAIVER AUTHORITY AVAILABLE WITHOUT RE5 GARD TO THE AMOUNT INVOLVED.—Notwithstanding the

6 limitation set forth in section 2774(a)(2)(A) of title 10,

7 United States Code, any waiver authority under section

8 2774(a)(2) of such title may be exercised, with respect to

9 any claim described in subsection (a) of this section, with10 out regard to the amount involved.

11 (c) DEFINITION.—For the purpose of this section,

12 the term ‘‘productivity gainsharing program’’ means a

13 productivity gainsharing program established under chap14 ter 45 or section 5407 of title 5, United States Code, or

15 Executive Order 12637 (31 U.S.C. 501 note).

16 Subtitle E—Commissaries and

17 Military Exchanges

18 SEC. 351. EXPANSION AND CLARIFICATION OF COM19 MISSARY AND EXCHANGE BENEFITS.

20 (a) EXPANSION OF FORMER SPOUSES’ ELIGI21 BILITY.—Section 1062 of title 10, United States Code, is

22 amended to read as follows:

23 ‘‘§ 1062. Certain former spouses

24 ‘‘(a) ELIGIBILITY.—The Secretary of Defense shall

25 prescribe such regulations as may be necessary to provide
133

HR 2401 EH

1 that a former spouse described in subsection (b) is entitled

2 to commissary and exchange privileges to the same extent

3 and on the same basis as the surviving spouse of a retired

4 member of the uniformed services.

5 ‘‘(b) COVERED FORMER SPOUSES.—Subsection (a)

6 applies to any person who—

7 ‘‘(1) is an unremarried former spouse of a

8 member or former member who performed at least

9 20 years of service which is creditable in determin10 ing the member or former member’s eligibility for

11 retired or retainer pay; and

12 ‘‘(2) on the date of the final decree of divorce,

13 dissolution, or annulment had been married to the

14 member or former member for a period of at least

15 20 years, at least 12 of which were during the pe16 riod the member or former member performed serv17 ice creditable in determining the member or former

18 member’s eligibility for retired or retainer pay.’’.

19 (b) EXPANSION OF RESERVE MEMBERS’ ELIGI20 BILITY.—(1) Section 1063 of such title is amended—

21 (A) in subsection (a)(1)—

22 (i) by inserting ‘‘for such calendar year on

23 the same basis as members on active duty’’ be24 fore the period in the first sentence; and

25 (ii) by striking out the second sentence;
134

HR 2401 EH

1 (B) by striking out subsection (b); and

2 (C) by redesignating subsection (c) as sub3 section (b).

4 (2) The heading of such section is amended to read

5 as follows:

6 ‘‘§ 1063. Members of the Ready Reserve’’.

7 (c) EXPANSION OF ELIGIBILITY FOR PERSONS

8 QUALIFIED FOR CERTAIN RETIRED PAY BUT UNDER AGE

9 60.—(1) Section 1064 of such title is amended by striking

10 out ‘‘for 12 days each calendar year’’ and inserting in lieu

11 thereof ‘‘on the same basis as a person who is eligible for

12 such retired pay’’.

13 (2) The heading of such section is amended to read

14 as follows:

15 ‘‘§ 1064. Persons qualified for retired pay under chap16 ter 67 but under age 60’’.

17 (d) EXTENSION OF BENEFITS TO CERTAIN FORMER

18 ENLISTED MEMBERS.—(1) The Secretary of Defense

19 shall prescribe regulations to allow a person described in

20 paragraph (2), and the survivors of such person, to use

21 commissary and exchange stores of the Department of De22 fense on the same basis as officers retired for disability

23 under chapter 61 of title 10, United States Code, and the

24 survivors of such officers, respectively.
135

HR 2401 EH

1 (2) Paragraph (1) applies to any person who was dis2 charged with a disability from the Armed Forces on or

3 before October 1, 1949, and—

4 (A) who at the time of such discharge was an

5 enlisted member who had completed less than 20

6 years of active service; and

7 (B) who, if such person had been an officer at

8 the time of such discharge, would have been eligible

9 for disability retirement under the Career Com10 pensation Act of 1949.

11 (e) CLARIFICATION OF USE OF CERTAIN FACILITIES

12 BY CERTAIN PERSONS.—Section 1065(a) of such title is

13 amended—

14 (1) in the first sentence, by striking out

15 ‘‘Armed Forces’’ and inserting in lieu thereof

16 ‘‘armed forces’’; and

17 (2) by striking out the second sentence and in18 serting in lieu thereof the following: ‘‘For a member

19 of the Selected Reserve, and the dependents of such

20 member, such use shall be permitted on the same

21 basis as a member on active duty. For a member

22 who would be eligible for retired pay under chapter

23 67 but for the fact that the member is under 60

24 years of age, and the dependents of such member,
136

HR 2401 EH

1 such use shall be on the same basis as a member eli2 gible for such retired pay.’’.

3 (f) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of chapter 54 of such title is amended by

5 striking out the items relating to sections 1063 and 1064

6 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.’’.

7 SEC. 352. PROHIBITION ON OPERATION OF COMMISSARY

8 STORES BY ACTIVE DUTY MEMBERS OF THE

9 ARMED FORCES.

10 (a) IN GENERAL.—Chapter 49 of title 10, United

11 States Code, is amended by inserting after section 976 the

12 following new section:

13 ‘‘§ 977. Operation of commissary stores: assignment of

14 active duty members generally prohib15 ited

16 ‘‘(a) GENERAL RULE.—A member of the armed

17 forces on active duty may not be assigned to the operation

18 of a commissary store.

19 ‘‘(b) EXCEPTION FOR DCA DIRECTOR.—The Sec20 retary of Defense may assign an officer on the active-duty

21 list to serve as the Director of the Defense Commissary

22 Agency.

23 ‘‘(c) EXCEPTION FOR CERTAIN ADDITIONAL MEM24 BERS.—Beginning on October 1, 1996, not more than 18
137

HR 2401 EH

1 additional members of the armed forces on active duty

2 may be assigned to the Defense Commissary Agency. As3 signment of such member to regional headquarters of that

4 Agency shall be limited to enlisted advisors for those re5 gions responsible for overseas commissaries and to veteri6 nary specialists.

7 ‘‘(d) EXCEPTION FOR CERTAIN NAVY PERSONNEL.—

8 (1) The Secretary of the Navy may assign to the Defense

9 Commissary Agency a member of the Navy whose assign10 ment afloat is part of the operation of a ship’s food service

11 or a ship’s store. Any such assignment shall be on a

12 nonreimbursable basis.

13 ‘‘(2) The number of such members assigned to the

14 Defense Commissary Agency during any period before Oc15 tober 1, 1996, may not exceed the number of such mem16 bers so assigned on October 1, 1993. After September 30,

17 1996, the number of such members so assigned may not

18 exceed the lesser of (A) the number of members so as19 signed on October 1, 1993, and (B) 400.’’.

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

21 at the beginning of such chapter is amended by inserting

22 after the item relating to section 976 the following new

23 item:

‘‘977. Operation of commissary stores: assignment of active duty members generally prohibited.’’.
138

HR 2401 EH

1 SEC. 353. MODERNIZATION OF AUTOMATED DATA PROC2 ESSING CAPABILITY OF THE DEFENSE COM3 MISSARY AGENCY.

4 In order to perform inside the Defense Commissary

5 Agency (in this section referred to as the ‘‘Agency’’) all

6 automated data processing functions of the Agency as

7 soon as possible, the Secretary of Defense shall take any

8 action necessary to expedite the modernization of the auto9 mated data processing capability of the Agency. Such ac10 tion may include the modification of existing contracts

11 with contractors supplying automated data processing

12 services to the Agency.

13 SEC. 354. OPERATION OF STARS AND STRIPES BOOK14 STORES BY THE MILITARY EXCHANGES.

15 The Secretary of Defense shall prescribe regulations

16 providing for the operation, not later than April 15, 1994,

17 of Stars and Stripes bookstores outside of the United

18 States by the military exchanges.

19 SEC. 355. AVAILABILITY OF FUNDS FOR NEXCOM RELOCA20 TION EXPENSES.

21 Of funds authorized to be appropriated under section

22 301(2), $10,000,000 shall be available to provide for the

23 payment of expenses incurred by the Navy Exchange Serv24 ice Command to relocate functions and activities from the

25 Naval Station, Staten Island, to the Naval Base, Norfolk.
139

HR 2401 EH

1 Subtitle F—Other Matters

2 SEC. 361. EMERGENCY AND EXTRAORDINARY EXPENSE AU3 THORITY FOR THE INSPECTOR GENERAL OF

4 THE DEPARTMENT OF DEFENSE.

5 Section 127 of title 10, United States Code, is

6 amended—

7 (1) in subsection (a)—

8 (A) in the first sentence, by inserting ‘‘,

9 the Inspector General of the Department of De10 fense,’’ after ‘‘the Secretary of Defense’’;

11 (B) in the second sentence, by inserting

12 ‘‘or the Inspector General of the Department of

13 Defense’’ after ‘‘the Secretary concerned’’; and

14 (C) in the third sentence, by inserting ‘‘or

15 the Inspector General of the Department of De16 fense’’ after ‘‘The Secretary concerned’’;

17 (2) in subsection (b), by inserting ‘‘, by the In18 spector General of the Department of Defense to a

19 person in the Office of the Inspector General,’’ after

20 ‘‘the Department of Defense’’; and

21 (3) in subsection (c)—

22 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

23 (B) by adding after paragraph (1), as so

24 designated by subparagraph (A), the following

25 new paragraph:
140

HR 2401 EH

1 ‘‘(2) The amount of funds expended by the Inspector

2 General of the Department of Defense under subsections

3 (a) and (b) during a fiscal year may not exceed

4 $400,000.’’.

5 SEC. 362. AUTHORITY FOR CIVILIAN ARMY EMPLOYEES TO

6 ACT ON REPORTS OF SURVEY.

7 Section 4835 of title 10, United States Code, is

8 amended—

9 (1) in subsection (a), by inserting ‘‘or any civil10 ian employee of the Department of the Army’’ after

11 ‘‘any officer of the Army’’; and

12 (2) in subsection (b), by striking out ‘‘an officer

13 of the Army designated by him.’’ and inserting in

14 lieu thereof ‘‘the Secretary’s designee. The Secretary

15 may designate officers of the Army or civilian em16 ployees of the Department of the Army to approve

17 such action.’’.

18 SEC. 363. EXTENSION OF GUIDELINES FOR REDUCTIONS IN

19 CIVILIAN POSITIONS.

20 (a) EXTENSION OF GUIDELINES.—Section 1597 of

21 title 10, United States Code, is amended—

22 (1) in subsection (a), by striking out ‘‘during

23 fiscal year 1993’’ and inserting in lieu thereof ‘‘dur24 ing a fiscal year’’; and
141

HR 2401 EH

1 (2) in subsection (b), by striking out ‘‘for fiscal

2 year 1993’’.

3 (b) UPDATE OF MASTER PLAN.—Section 1597(c) of

4 such title is amended—

5 (1) in paragraph (1), by striking out ‘‘for fiscal

6 year 1994’’ and inserting in lieu thereof ‘‘for a fiscal

7 year’’; and

8 (2) by adding at the end the following new

9 paragraph:

10 ‘‘(4) The Secretary of Defense shall include in the

11 materials referred in paragraph (1), a report on the imple12 mentation of the master plan for the fiscal year imme13 diately preceding the fiscal year for which such materials

14 were submitted.’’.

15 SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES.

16 Paragraph (1) of section 3401(a) of title 39, United

17 States Code, is amended—

18 (1) in the matter before subparagraph (A)—

19 (A) by inserting ‘‘an individual who is’’ be20 fore ‘‘a member’’; and

21 (B) by inserting ‘‘or a civilian, otherwise

22 authorized to use postal services at Armed

23 Forces installations, who holds a position or

24 performs one or more functions in support of

25 military operations, as designated by the mili-
142

HR 2401 EH

1 tary theater commander,’’ after ‘‘section 101 of

2 title 10,’’; and

3 (2) in subparagraphs (A) and (B) by striking

4 ‘‘the member’’ and inserting ‘‘such individual’’.

5 SEC. 365. EXTENSION AND MODIFICATION OF PILOT PRO6 GRAM TO USE NATIONAL GUARD PERSONNEL

7 IN MEDICALLY UNDERSERVED COMMU8 NITIES.

9 (a) PILOT PROGRAM.—Subsection (a) of section 376

10 of the National Defense Authorization Act for Fiscal Year

11 1993 (P.L. 102–484; 106 Stat. 2385) is amended—

12 (1) by striking out ‘‘Under regulations pre13 scribed by the Secretary of Defense, the’’ and insert14 ing in lieu thereof ‘‘The’’;

15 (2) by inserting ‘‘, approved by the Secretary of

16 Defense,’’ after ‘‘enter into an agreement’’; and

17 (3) by striking out ‘‘fiscal years 1993 and

18 1994’’ and inserting in lieu thereof ‘‘fiscal years

19 1993, 1994, and 1995’’.

20 (b) FUNDING ASSISTANCE.—Subsection (b) of such

21 section is amended to read as follows:

22 ‘‘(b) FUNDING ASSISTANCE.—Amounts made avail23 able from Department of Defense accounts for operation

24 and maintenance and for pay and allowances to carry out

25 the pilot program shall be apportioned by the Chief of the
143

HR 2401 EH

1 National Guard Bureau among those States with which

2 the Chief has entered into approved agreements. In addi3 tion to such amounts, the Chief of the National Guard

4 Bureau may authorize any such State, in order to carry

5 out the pilot program during a fiscal year, to use funds

6 received as part of the operation and maintenance and pay

7 and allowances allotments for the National Guard of the

8 State for that fiscal year. The amount of such funds that

9 may be used to carry out the pilot program during that

10 fiscal year may not exceed 25 percent of the amount used

11 for medical training of the National Guard of the State

12 during the fiscal year immediately before that fiscal

13 year.’’.

14 (c) SUPPLIES AND EQUIPMENT.—Such section is fur15 ther amended—

16 (1) by redesignating subsections (c) through (f)

17 as subsections (d) through (g), respectively; and

18 (2) by inserting after subsection (b) the follow19 ing new subsection (c):

20 ‘‘(c) SUPPLIES AND EQUIPMENT.—(1) Funds made

21 available from Department of Defense operation and

22 maintenance accounts to carry out the pilot program may

23 be used for the purchase of supplies and equipment nec24 essary for the provision of health care under the pilot pro25 gram.
144

HR 2401 EH

1 ‘‘(2) In addition to supplies and equipment provided

2 through the use of funds under paragraph (1), supplies

3 and equipment described in such paragraph that are fur4 nished by a State, a Federal agency, or any other person

5 may be used to carry out the pilot program.’’.

6 (d) SERVICE OF PARTICIPANTS.—Subsection (f) of

7 such section, as redesignated by subsection (c)(1), is

8 amended to read as follows:

9 ‘‘(f) SERVICE OF PARTICIPANTS.—Service in the pilot

10 program by a member of the National Guard is training

11 in the member’s Federal status as a member of the Na12 tional Guard of a State under section 270 of title 10, Unit13 ed States Code, and section 502 of title 32, United States

14 Code.’’.

15 (e) REPORT.—Subsection (g) of such section, as re16 designated by subsection (c)(1), is amended by striking

17 out ‘‘January 1, 1994’’ and inserting in lieu thereof ‘‘Jan18 uary 1, 1995’’.

19 (f) DEFINITIONS.—Such section is further amended

20 by adding at the end the following new subsection:

21 ‘‘(h) DEFINITIONS.—For purposes of this section:

22 ‘‘(1) The term ‘health care’ includes medical

23 and dental care services.
145

HR 2401 EH

1 ‘‘(2) The term ‘Governor’ means, with respect

2 to the District of Columbia, the commanding general

3 of the District of Columbia National Guard.

4 ‘‘(3) The term ‘State’ includes the District of

5 Columbia, the Commonwealth of Puerto Rico,

6 Guam, and the Virgin Islands.’’.

7 SEC. 366. AMENDMENTS TO THE ARMED FORCES RETIRE8 MENT HOME ACT OF 1991.

9 (a) RELATIONSHIP TO DEPARTMENT OF DE10 FENSE.—Section 1511 of the Armed Forces Retirement

11 Home Act of 1991 (title XV of Public Law 101–510; 104

12 Stat. 1723) is amended—

13 (1) by redesignating subsection (e) as sub14 section (f); and

15 (2) by inserting after subsection (d) the follow16 ing new subsection (e):

17 ‘‘(e) DEPARTMENT OF DEFENSE SUPPORT.—The

18 Secretary of Defense may make available to the Retire19 ment Home, on a nonreimbursable basis, administrative

20 support and office services, legal and policy planning as21 sistance, access to investigative facilities of the Inspector

22 General of the Department of Defense and of the military

23 departments, and any other support necessary to enable

24 the Retirement Home to carry out its functions under this

25 Act.’’.
146

HR 2401 EH

1 (b) AUTHORITY OF RETIREMENT HOME CHAIR2 MAN.—Subsection (d)(1) of section 1515 of such Act (104

3 Stat. 1727) is amended to read as follows:

4 ‘‘(d) CHAIRMEN.—(1)(A) The Secretary of Defense

5 shall select one of the members of the Retirement Home

6 Board to serve as chairman. The term of office of the

7 chairman shall be five years with eligibility for selection

8 to serve a second five-year term at the discretion of the

9 Secretary. The chairman shall act as the chief executive

10 officer of the Retirement Home, and shall not be respon11 sible to the Secretary of Defense or to the Secretaries of

12 the military departments for overall direction and manage13 ment of the Retirement Home and each facility main14 tained as a separate facility of the Retirement Home.

15 ‘‘(B) The chairman may appoint, in addition to such

16 ad hoc committees as the chairman determines to be ap17 propriate, a standing executive committee to act for, and

18 in the name of, the Retirement Home Board at such times

19 and on such matters as the chairman considers necessary

20 to expedite the efficient and timely management of each

21 facility maintained as a separate facility of the Retirement

22 Home.

23 ‘‘(C) The chairman may appoint an administrative

24 staff to assist the chairman in the performance of such

25 individual’s duties as the chairman of the Retirement
147

HR 2401 EH

1 Board and chief executive officer of the Retirement Home.

2 The chairman shall determine the rate of pay for such

3 staff, except that a staff member who is a member of the

4 Armed Forces on active duty or who is a full-time officer

5 or employee of the United States shall receive no addi6 tional pay by reason of service on the administrative

7 staff.’’.

8 (c) HOSPITAL CARE FOR HOME RESIDENTS.—The

9 second sentence of section 1513(b) of such Act (104 Stat.

10 1725) is amended to read as follows: ‘‘Secondary and ter11 tiary hospital care for residents that is not available at

12 a facility maintained as a separate establishment of the

13 Retirement Home shall, to the extent available, be ob14 tained by agreement with the Secretary of Veterans Af15 fairs or the Secretary of Defense in a facility administered

16 by such Secretary. The Retirement Home shall not be re17 sponsible for the costs incurred for such care by a resident

18 of the Retirement Home who uses a private medical facil19 ity for such care.’’.

20 (d) DISPOSITION OF ESTATES OF DECEASED RESI21 DENTS.—Section 1520(a) of such Act (104 Stat. 1731)

22 is amended to read as follows:

23 ‘‘(a) EFFECTS OF DECEASED PERSONS.—The Direc24 tor of a facility maintained as a separate establishment

25 of the Retirement Home shall safeguard and dispose of
148

HR 2401 EH

1 the estate and personal effects of deceased residents, in2 cluding effects delivered to the Retirement Home under

3 subsections 4712(f) and 9712(f) of title 10, United States

4 Code, and shall ensure the following:

5 ‘‘(1) A will or other instrument of a testa6 mentary nature involving property rights executed

7 by a resident shall be promptly delivered, upon the

8 death of the resident, to the proper court of record.

9 All property left by the deceased resident shall be

10 held for disposition as directed by the court.

11 ‘‘(2) In the event a resident dies intestate and

12 the heirs or legal representative of the deceased can13 not be immediately ascertained, the Director shall

14 retain all property left by the decedent for a three15 year period beginning on the date of the death. If

16 entitlement to such property is established to the

17 satisfaction of the Director at any time during the

18 three-year period, the Director shall distribute the

19 decedent’s property, in equal pro-rata shares when

20 multiple beneficiaries have been identified, to the

21 highest following categories of identified survivors

22 (listed in the order of precedence indicated):

23 ‘‘(A) The surviving spouse or legal rep24 resentative.

25 ‘‘(B) The children of the deceased.
149

HR 2401 EH

1 ‘‘(C) The parents of the deceased.

2 ‘‘(D) The siblings of the deceased.

3 ‘‘(E) The next-of-kin of the deceased.’’.

4 (e) SALE OF EFFECTS.—Subsection (b) of such sec5 tion is amended to read as follows:

6 ‘‘(b) SALE OF EFFECTS.—(1) In the event the dis7 position of the estate of a resident of the Retirement

8 Home cannot be accomplished under subsection (a)(2), the

9 entirety of the deceased resident’s domiciliary estate and

10 the entirety of any ancillary estate that are unclaimed at

11 the end of the three-year period beginning on the date of

12 the death of the resident shall escheat to the Retirement

13 Home. Upon the sale of any such unclaimed estate prop14 erty, the proceeds of the sale shall be deposited in the Re15 tirement Home Trust Fund. In the event a personal rep16 resentative or other fiduciary is appointed to administer

17 a deceased resident’s unclaimed estate before the end of

18 such three-year period, the balance of the entire net pro19 ceeds of the estate, less estate expenses, shall be directly

20 deposited to any local court fund, subject to a claim by

21 the Comptroller General of the United States. This para22 graph shall apply to the estate of a resident of the Sol23 diers’ and Airmen’s Home or of the Naval Home who dies

24 after November 29, 1989.
150

HR 2401 EH

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

4 in any probate proceeding in which the Retirement Home

5 may have a legal interest as nominated fiduciary, testa6 mentary legatee, escheat legatee, or in any other capacity.

7 The attorney-general may, in the domiciliary jurisdiction

8 of the deceased resident and in any ancillary jurisdictions,

9 petition for appointment as fiduciary under any resulting

10 court appointment. In a probate proceeding in which the

11 heirs of an intestate deceased resident cannot be located,

12 the attorney-agent shall be appointed as the fiduciary of

13 the estate 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

17 or codicil of the resident shall not disqualify an employee

18 or staff member of that facility from serving as an eligible

19 witness to a will or codicil of the resident.

20 ‘‘(4) After the expiration of the three-year period be21 ginning on the date of the death of a resident of the facil22 ity, the Director of the facility shall dispose of all property

23 of the deceased resident that is not otherwise disposed of

24 as provided for in this subsection, including personal ef25 fects such as decorations, medals, and citations to which
151

HR 2401 EH

1 a right has not been established under subsection (a). Dis2 posal may be made within the discretion of the Director

3 by—

4 ‘‘(A) retaining such property or effects for the

5 facility;

6 ‘‘(B) offering such items to the Secretary of

7 Veterans Affairs, a State, another military home, a

8 museum, or any other institution having an interest;

9 or

10 ‘‘(C) destroying any items the Director con11 cerned considers to be valueless.’’.

12 SEC. 367. REQUIRED PAYMENT DATE UNDER PROMPT PAY13 MENT ACT FOR PROCUREMENT OF BAKED

14 GOODS.

15 In the case of the acquisition of baked goods by the

16 Department of Defense, the required payment date for

17 purposes of section 3902 of title 31, United States Code

18 (relating to interest penalties for failure to pay contractors

19 by the required payment date), shall be the same as ap20 plies under the regulations prescribed under section

21 3903(a)(4) of such title in the case of the acquisition of

22 edible oils or fats by the Department of Defense.
152

HR 2401 EH

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.—

5 Chapter 152 of title 10, United States Code, is amended

6 by adding at the end the following new section:

7 ‘‘§ 2553. Facilities and services: certain educational

8 entities

9 ‘‘(a) USE OF FACILITIES.—The Secretary may per10 mit an entity referred to in subsection (c) to use, on a

11 reimbursable or nonreimbursable basis, any facility of the

12 Department of Defense that the Secretary determines will

13 assist 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 Depart18 ment of Defense who the Secretary determines will assist

19 that entity 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.
153

HR 2401 EH

1 ‘‘(d) OPERATION OF THE NATIONAL FLIGHT ACAD2 EMY.—After the completion of the facilities of the Na3 tional Flight Academy, the Secretary of the Navy may ac4 cept the donation of such facilities from the Naval Avia5 tion Museum Foundation (or a successor entity of the

6 Foundation). If the donation occurs, the Secretary of the

7 Navy may, by regulations prescribed under subsection (f),

8 permit the Naval Aviation Museum Foundation (or any

9 successor entity) to operate and maintain such facilities.

10 ‘‘(e) NONINTERFERENCE WITH ARMED FORCES OP11 ERATIONS.—The provision of facilities and services under

12 subsections (a) and (b) may not interfere with the normal

13 operations and missions of the armed forces.

14 ‘‘(f) REGULATIONS.—The Secretary shall prescribe

15 regulations to carry out this section, including regulations

16 establishing reasonable rates for a reimbursement under

17 subsection (a).’’.

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

19 at the beginning of subchapter II of such chapter is

20 amended 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

23 WHICH IS PLANNED FOR REASSIGNMENT.

24 Section 7310(b) of title 10, United States Code, as

25 inserted by section 814(b), is amended to read as follows:
154

HR 2401 EH

1 ‘‘(b) VESSEL CHANGING HOMEPORTS.—(1) In the

2 case of a naval vessel the homeport of which is not in the

3 United States (or a territory of the United States), the

4 Secretary of the Navy may not during the 15-month pe5 riod preceding the planned reassignment of the vessel to

6 a homeport in the United States (or a territory of the

7 United States) begin any work for the overhaul, repair,

8 or maintenance of the vessel that is scheduled to be for

9 a period of more than six months.

10 ‘‘(2) In the case of a naval vessel the homeport of

11 which is in the United States (or a territory of the United

12 States), the Secretary of the Navy shall during the 15-

13 month period preceding the planned reassignment of the

14 vessel to a homeport not in the United States (or a terri15 tory of the United States) perform in the United States

16 (or a territory of the United States) any work for the over17 haul, repair, or maintenance of the vessel that is scheduled

18 to be for a period 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

24 the following new section:
155

HR 2401 EH

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

5 death of a civilian employee who dies while serving with

6 an armed force in a contingency operation:

7 ‘‘(1) Round-trip transportation and prescribed

8 allowances for one person to escort the remains of

9 the 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.
156

HR 2401 EH

1 ‘‘(2) The term ‘Secretary concerned’ includes

2 the Secretary of Defense with respect to employees

3 of the Department of Defense who are not employ4 ees of a military department.’’.

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

6 at the beginning of chapter 75 of such title is amended

7 by inserting after the item relating to section 1482 the

8 following new item:

‘‘1482a. Expenses incident to death: civilian employees serving in a contingency

operation.’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall apply with respect to the payment of inci11 dental expenses for civilian employees who die while serv12 ing in a contingency operation that occurs after the date

13 of the 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 Com19 mission and the Commandant of the Marine Corps agree

20 that the repair and maintenance will be performed by the

21 American 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
157

HR 2401 EH

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

12 manner only if an aircraft carrier is used exclusively and

13 on 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.—Not later than February 28, 1994, the

24 Secretary of Defense shall submit to the congressional

25 committees referred to in paragraph (2) a report on any
158

HR 2401 EH

1 educational arrangement referred to in subsection (b) that

2 is made by the Secretary of Defense for children residing

3 on military installations in the United States. The report

4 shall include the following:

5 (A) The assessment and recommendations of

6 the Secretary of Defense regarding the justification

7 of the continuing need for school facilities under any

8 such educational arrangement.

9 (B) A comprehensive review of the Department

10 of Education Impact Aid program to determine

11 whether the program is meeting its objectives with

12 regard to militarily impacted school districts. The

13 review shall address structural as well as funding

14 concerns.

15 (C) A review of all militarily-impacted school

16 districts which are experiencing financial difficulties

17 to determine whether those districts are experiencing

18 financial difficulty in whole or in part as a result of

19 their responsibility for educating military depend20 ents. The study should focus on students under sec21 tion 3(a) of the Act of September 30, 1950 (20

22 U.S.C. 238) and include, at a minimum, a review of

23 all militarily-impacted school districts which are on

24 a State’s financial watch list. The study should spe25 cifically analyze the effect of the financial difficulty
159

HR 2401 EH

1 on the students served, including social and edu2 cational impacts.

3 (D) An analysis of, and recommendations re4 garding, how the Impact Aid program may be struc5 turally improved to better meet the educational

6 needs of military dependents and the schools that

7 serve them. The analysis should specifically address

8 whether the Department of Defense should assume

9 a larger responsibility for the education of military

10 dependents.

11 (2) The congressional committees referred to in para12 graph (1) are the Committees on Armed Services of the

13 Senate and House of Representatives, the Committee on

14 Labor and Human Resources of the Senate, and the Com15 mittee on Education and Labor of the House of Rep16 resentatives.

17 (b) COVERED ARRANGEMENTS.—An educational ar18 rangement referred to in subsection (a) is an arrangement

19 of the kind that may be made under section 6 of the Act

20 of September 30, 1950 (20 U.S.C. 241).

21 SEC. 374. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.

22 (a) DEMONSTRATION PROJECT FOR USE OF PRO23 CEEDS FROM THE SALE OF CERTAIN PROPERTY.—(1)

24 Section 343(d)(1) of the National Defense Authorization

25 Act for Fiscal Years 1992 and 1993 (Public Law 102–
160

HR 2401 EH

1 190; 105 Stat. 1344) is amended by striking out ‘‘termi2 nate at the end of the two-year period beginning on the

3 date of the enactment of this Act’’ and inserting in lieu

4 thereof ‘‘terminate on December 5, 1994’’.

5 (2) Section 343(e) of such Act is amended by striking

6 out ‘‘60 days after the end of the two-year period de7 scribed in subsection (d)’’ and inserting in lieu thereof

8 ‘‘February 3, 1995’’.

9 (b) AUTHORITY FOR AVIATION DEPOTS AND NAVAL

10 SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUC11 TION AND SERVICES.—Section 1425(e) of the National

12 Defense Authorization Act for Fiscal Year 1991 (Public

13 Law 101–510; 104 Stat. 1684) is amended by striking

14 out ‘‘September 30, 1993’’ and inserting in lieu thereof

15 ‘‘September 30, 1994’’.

16 (c) AUTHORITY OF BASE COMMANDERS OVER CON17 TRACTING FOR COMMERCIAL ACTIVITIES.—Section

18 2468(f) of title 10, United States Code, is amended by

19 striking out ‘‘September 30, 1993’’ and inserting in lieu

20 thereof ‘‘September 30, 1994’’.

21 SEC. 375. SHIPS’ STORES.

22 (a) CONVERSION TO OPERATION AS

23 NONAPPROPRIATED FUND INSTRUMENTALITIES.—Not

24 later than 180 days after the date of the enactment of

25 this Act, the Secretary of the Navy shall convert the oper-
161

HR 2401 EH

1 ation of all ships’ stores from operation as an activity

2 funded by direct appropriations to operation by the Navy

3 Exchange Command as an activity funded from sources

4 other than appropriated funds.

5 (b) TRANSFER OF FUNDS.—To facilitate the conver6 sion required under subsection (a), the Secretary of the

7 Navy shall transfer to the Navy Exchange Command

8 from—

9 (1) the Navy Stock Fund, an amount equal to

10 the value of existing ships’ stores assets in that

11 Fund; and

12 (2) the Ships’ Stores Profits, Navy Fund, resid13 ual cash in that Fund.

14 (c) CODIFICATION.—Section 7604 of title 10, United

15 States Code, is amended—

16 (A) by inserting ‘‘(a) IN GENERAL.—’’ before

17 ‘‘Under such regulations’’; and

18 (B) by adding at the end the following new sub19 sections:

20 ‘‘(b) INCIDENTAL SERVICES.—The Secretary of the

21 Navy may provide financial services, space, utilities, and

22 labor to ships’ stores on a nonreimbursable basis.

23 ‘‘(c) ITEMS SOLD.—Merchandise sold by ship stores

24 afloat shall include items in the following categories:

25 ‘‘(1) Health, beauty, and barber items.
162

HR 2401 EH

1 ‘‘(2) Prerecorded music and videos.

2 ‘‘(3) Photographic batteries and related sup3 plies.

4 ‘‘(4) Appliances and accessories.

5 ‘‘(5) Uniform items, emblematic and athletic

6 clothing, and equipment.

7 ‘‘(6) Luggage and leather goods.

8 ‘‘(7) Stationery, magazines, books, and sup9 plies.

10 ‘‘(8) Sundry, games, and souvenirs.

11 ‘‘(9) Beverages and related food and snacks.

12 ‘‘(10) Laundry, tailor, and cleaning supplies.

13 ‘‘(11) Tobacco products.’’.

14 (d) EFFECTIVE DATE.—Subsections (b) and (c) of

15 section 7604 of title 10, United States Code, as added by

16 subsection (c), shall take effect on the date on which the

17 Secretary of the Navy completes the conversion referred

18 to in subsection (a).

19 Subtitle G—Environmental

20 Provisions

21 SEC. 381. MODIFICATION OF ANNUAL REPORT ON ENVI22 RONMENTAL RESTORATION AND COMPLI23 ANCE BY THE DEPARTMENT OF DEFENSE.

24 (a) IN GENERAL.—Section 2706 of title 10, United

25 States Code, is amended to read as follows:
163

HR 2401 EH

1 ‘‘§ 2706. Annual report to Congress

2 ‘‘(a) REPORT.—Each year, at the same time the

3 President submits to the Congress the budget for a fiscal

4 year (pursuant to section 1105 of title 31), the Secretary

5 of Defense shall submit to the Congress a report that de6 scribes the progress made by the Secretary of Defense in

7 implementing environmental restoration and compliance

8 activities 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

15 has 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 esti26 mates of more than 15 percent or $10,000,000
164

HR 2401 EH

1 (whichever is greater), or any schedule slippage

2 of more than 180 days.

3 ‘‘(E) The amount allocated for, and the

4 progress the Department expects to make in

5 implementing, each response action during the

6 current 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

10 progress the Secretary expects to make during

11 that fiscal year in implementing the response

12 action. If such information is not available at

13 the time of the submission of the report, the

14 Secretary shall, to the maximum extent pos15 sible, provide the information in a supplemental

16 report not later than 30 days after submission

17 of the report.

18 ‘‘(G) The costs incurred to date for each

19 response action.

20 ‘‘(H) The estimated cost to complete the

21 environmental restoration activities, including,

22 where relevant, the estimated cost in five-year

23 increments.

24 ‘‘(I) The estimated final date for comple25 tion of the environmental restoration activities,
165

HR 2401 EH

1 including, where relevant, the estimated

2 progress, in five-year increments, toward com3 pletion.

4 ‘‘(2) With respect to compliance activities, the

5 following:

6 ‘‘(A) A statement of the funding levels and

7 full-time personnel required for the Department

8 of Defense to comply with applicable environ9 mental laws during the fiscal year for which the

10 budget is submitted. The statement shall set

11 forth separately the funding levels and person12 nel required for the Department of Defense as

13 a whole and for each military installation.

14 ‘‘(B) A statement of the funding levels and

15 full-time personnel requested for such purposes

16 in the budget as submitted by the President, to17 gether with an explanation of any differences

18 between the funding level and personnel re19 quirements and the funding level and personnel

20 requests in the budget. The statement shall set

21 forth separately the funding levels and full-time

22 personnel requested for the Department of De23 fense as a whole and for each military installa24 tion.
166

HR 2401 EH

1 ‘‘(C) A projection of the funding levels and

2 full-time personnel that will be required over

3 the next five fiscal years for the Department of

4 Defense to comply with applicable environ5 mental laws, set forth separately for the De6 partment of Defense as a whole and for each

7 military installation.

8 ‘‘(D) An analysis of the effect that compli9 ance with such environmental laws may have on

10 the operations and mission capabilities of the

11 Department of Defense as a whole and of each

12 military installation.

13 ‘‘(E) A statement of the funding levels re14 quested in the budget for carrying out research,

15 development, testing, and evaluation for envi16 ronmental purposes or environmental activities

17 of the Department of Defense. The statement

18 shall set forth separately the funding levels re19 quested for the Department of Defense as a

20 whole and for each military department and

21 Defense Agency.

22 ‘‘(F) A description of the number and du23 ties of current full-time personnel, both civilian

24 and military, who carry out environmental ac25 tivities (including research) for the Department
167

HR 2401 EH

1 of Defense, including a description of the orga2 nizational structure of such personnel from the

3 Secretary of Defense down to the military in4 stallation level.

5 ‘‘(G) A statement of the funding levels and

6 personnel required for the Department of De7 fense to comply with applicable environmental

8 requirements for military installations located

9 outside the United States during the fiscal year

10 for which the budget is submitted.

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

12 ‘‘(1) The term ‘military installation’—

13 ‘‘(A) includes—

14 ‘‘(i) each facility or site owned by,

15 leased to, or otherwise possessed by the

16 United States and under the jurisdiction of

17 the Secretary;

18 ‘‘(ii) each facility or site which was

19 under the jurisdiction of the Secretary and

20 owned by, leased to, or otherwise possessed

21 by the United States at the time of actions

22 leading to contamination by hazardous

23 substances; and

24 ‘‘(iii) each facility or site at which the

25 Secretary is conducting environmental res-
168

HR 2401 EH

1 toration activities funded through the De2 fense Environmental Restoration Account

3 established under section 2703, the De4 partment of Defense Base Closure Account

5 1990 established under section 2906 of the

6 Defense Base Closure and Realignment

7 Act of 1990 (title XXIX of Public Law

8 101–510; 10 U.S.C. 2687 note), the De9 partment of Defense Base Closure Account

10 established under section 207 of the De11 fense Authorization Amendments and Base

12 Closure and Realignment Act (10 U.S.C.

13 note), a successor account to any such ac14 counts, or any other account established in

15 connection with the closing or realigning of

16 a military installation;

17 ‘‘(B) means a base, camp, post, station,

18 yard, center, or other activity under the juris19 diction of the Department of Defense, including

20 any leased facility, which is located within any

21 of the several States, the District of Columbia,

22 the Commonwealth of Puerto Rico, American

23 Samoa, the Virgin Islands, or Guam; and
169

HR 2401 EH

1 ‘‘(C) does not include any facility used pri2 marily for civil works, rivers and harbors

3 projects, or flood control projects.

4 ‘‘(2) The term ‘response’ has the same meaning

5 given such term in section 101(25) of the Com6 prehensive Environmental Response, Compensation,

7 and Liability Act of 1980 (42 U.S.C. 9601(25)).’’.

8 (b) CLERICAL AMENDMENT.—The item relating to

9 section 2706 in the table of sections at the beginning of

10 chapter 160 of such title is amended to read as follows:

‘‘2706. Annual report to Congress.’’.

11 SEC. 382. INDEMNIFICATION OF TRANSFEREES OF CLOS12 ING DEFENSE PROPERTY.

13 Section 330 of the National Defense Authorization

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

15 2371) is amended—

16 (1) in subsection (a)(1)—

17 (A) by striking out ‘‘hazardous substance

18 or pollutant or contaminant’’ and inserting in

19 lieu thereof ‘‘hazardous substance, pollutant or

20 contaminant, or petroleum or its derivatives’’;

21 and

22 (B) by inserting ‘‘(including the activities

23 of any contractor or subcontractor of the De24 partment of Defense other than a response ac-
170

HR 2401 EH

1 tion contractor)’’ after ‘‘Department of Defense

2 activities’’;

3 (2) in subsection (a)(2), by striking out ‘‘de4 scribed in this paragraph’’ and inserting in lieu

5 thereof ‘‘referred to in paragraph (1)’’;

6 (3) in subsection (a)(3)—

7 (A) by striking out ‘‘the persons and enti8 ties described in paragraph (2)’’ and inserting

9 in lieu thereof ‘‘a person or entity described in

10 paragraph (2)’’; and

11 (B) by inserting ‘‘to that person or entity’’

12 before the period;

13 (4) in subsection (b)—

14 (A) in paragraph (2), by inserting ‘‘person

15 or’’ before ‘‘entity’’; and

16 (B) in paragraph (4), by inserting ‘‘person

17 or’’ before ‘‘entity’’;

18 (5) in subsection (c), by inserting ‘‘or entity’’

19 after ‘‘person’’ each place it appears;

20 (6) in subsection (d)—

21 (A) by striking out ‘‘plaintiff’’ and insert22 ing in lieu thereof ‘‘person or entity seeking in23 demnification under this section’’; and

24 (B) by striking out ‘‘hazardous substance

25 or pollutant or contaminant’’ and inserting in
171

HR 2401 EH

1 lieu thereof ‘‘hazardous substance, a pollutant

2 or contaminant, or petroleum or its deriva3 tives’’; and

4 (7) in subsection (f)—

5 (A) in paragraph (1)—

6 (i) by inserting ‘‘ ‘remedial action’,

7 ‘response’,’’ after ‘‘ ‘release’,’’; and

8 (ii) by inserting ‘‘(24), (25),’’ after

9 ‘‘(22),’’ each place it appears; and

10 (B) by adding after paragraph (3) the fol11 lowing new paragraph:

12 ‘‘(4) The term ‘response action contractor’ has

13 the meaning given such term in section 119(e)(2) of

14 the Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C.

16 9619(e)(2)), except that such term includes a person

17 who enters into, and is carrying out, a contract to

18 provide at a facility (including a facility not listed on

19 the National Priorities List) a response action with

20 respect to any release or threatened release from the

21 facility of a hazardous substance or pollutant or con22 taminant, or a similar action with respect to petro23 leum or its derivatives.’’.
172

HR 2401 EH

1 SEC. 383. ANNUAL REPORT ON REIMBURSEMENT OF CON2 TRACTOR ENVIRONMENTAL RESPONSE

3 COSTS FOR OTHER THAN RESPONSE ACTION

4 CONTRACTORS.

5 (a) ANNUAL REPORT.—Section 2706 of title 10,

6 United States Code, is amended by adding at the end the

7 following new subsection:

8 ‘‘(c) REPORT ON REIMBURSEMENT OF CONTRACTOR

9 COSTS.—(1) Each year, at the same time the President

10 submits to the Congress the budget for a fiscal year (pur11 suant to section 1105 of title 31), the Secretary of Defense

12 shall submit to the committees named in paragraph (3)

13 a report on payments made by the Secretary of Defense

14 for defense contractor environmental response costs.

15 ‘‘(2) Each report required by paragraph (1) shall in16 clude, for the recently completed fiscal year—

17 ‘‘(A) estimated payments made by the Sec18 retary of Defense to a defense contractor (other

19 than a response action contractor) for environmental

20 response costs at facilities owned or operated by the

21 defense contractor or at which the defense contrac22 tor is liable in whole or in part for the environmental

23 response action; and

24 ‘‘(B) the amount and current status of any

25 pending requests by a defense contractor (other than

26 a response action contractor) for payment of envi-
173

HR 2401 EH

1 ronmental response costs at facilities owned or oper2 ated by the defense contractor or at which the de3 fense contractor is liable in whole or in part for the

4 environmental response action.

5 ‘‘(3) The committees of Congress to which a report

6 under paragraph (1) is to be submitted are the following:

7 ‘‘(A) The Committee on Armed Services of the

8 House of Representatives.

9 ‘‘(B) The Committee on Armed Services of the

10 Senate.

11 ‘‘(C) The Committee on Appropriations of the

12 House of Representatives.

13 ‘‘(D) The Committee on Appropriations of the

14 Senate.

15 ‘‘(E) The Committee on Government Oper16 ations of the House of Representatives.

17 ‘‘(F) The Committee on Governmental Affairs

18 of the Senate.’’.

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

20 subsection (a) shall apply with respect to fiscal years be21 ginning with fiscal year 1992, except that for fiscal years

22 1992 and 1993, the Secretary of Defense shall submit a

23 report required by such amendment to the committees

24 named in subsection (c) not later than 180 days after the

25 date of the enactment of this Act.
174

HR 2401 EH

1 (c) DEFINITIONS.—In this section:

2 (1) The term ‘‘defense contractor’’—

3 (A) means a company that is one of the

4 top 100 companies receiving the largest dollar

5 volume of prime contract awards by the Depart6 ment of Defense during the fiscal year covered

7 by the report required by section 2706(c) of

8 title 10, United States Code, as amended by

9 subsection (a); and

10 (B) does not include small business con11 cerns, commercial companies providing commer12 cial items to the Department of Defense, or

13 segments of commercial companies providing

14 commercial items to the Department of De15 fense.

16 (2) The terms ‘‘facility’’, ‘‘response’’, and ‘‘re17 sponse action contractor’’ have the meaning given

18 such terms in paragraphs (9) and (25) of section

19 101, and in section 119(e)(2), respectively, of the

20 Comprehensive Environmental Response, Compensa21 tion, and Liability Act of 1980 (42 U.S.C. 9601(9)

22 and (25), 9619(e)(2)).
175

HR 2401 EH

1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

6 duty personnel as of September 30, 1994, as follows:

7 (1) The Army, 540,000.

8 (2) The Navy, 480,800.

9 (3) The Marine Corps, 174,100.

10 (4) The Air Force, 425,700.

11 Subtitle B—Reserve Forces

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

14 strengths for Selected Reserve personnel of the reserve

15 components as of September 30, 1994, as follows:

16 (1) The Army National Guard of the United

17 States, 410,000.

18 (2) The Army Reserve, 260,000.

19 (3) The Naval Reserve, 113,400.

20 (4) The Marine Corps Reserve, 36,900.

21 (5) The Air National Guard of the United

22 States, 117,700.

23 (6) The Air Force Reserve, 81,500.

24 (7) The Coast Guard Reserve, 10,000.
176

HR 2401 EH

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

2 may increase the end strength authorized by subsection

3 (a) by not more than 2 percent.

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

5 subsection (a) for the Selected Reserve of any reserve com6 ponent shall be reduced proportionately by—

7 (1) the total authorized strength of units orga8 nized to serve as units of the Selected Reserve of

9 such component which are on active duty (other

10 than for training) at the end of the fiscal year, and

11 (2) the total number of individual members not

12 in units organized to serve as units of the Selected

13 Reserve of such component who are on active duty

14 (other than for training or for unsatisfactory partici15 pation in training) without their consent at the end

16 of the fiscal year.

17 Whenever such units or such individual members are re18 leased from active duty during any fiscal year, the end

19 strength prescribed for such fiscal year for the Selected

20 Reserve of such reserve component shall be increased pro21 portionately by the total authorized strengths of such

22 units and by the total number of such individual members.
177

HR 2401 EH

1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

2 DUTY IN SUPPORT OF THE RESERVES.

3 Within the end strengths prescribed in section

4 402(b), the reserve components of the Armed Forces are

5 authorized, as of September 30, 1994, the following num6 ber of Reserves to be serving on full-time active duty or,

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

8 National Guard duty for the purpose of organizing, ad9 ministering, recruiting, instructing, or training the reserve

10 components:

11 (1) The Army National Guard of the United

12 States, 24,180.

13 (2) The Army Reserve, 12,542.

14 (3) The Naval Reserve, 19,369.

15 (4) The Marine Corps Reserve, 2,119.

16 (5) The Air National Guard of the United

17 States, 9,389.

18 (6) The Air Force Reserve, 648.
178

HR 2401 EH

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

2 GRADES AUTHORIZED TO BE ON ACTIVE

3 DUTY IN SUPPORT OF THE RESERVES.

4 (a) SENIOR ENLISTED MEMBERS.—Effective on Oc5 tober 1, 1993, the table in section 517(b) of title 10,

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

‘‘Grade Army Navy Air Force Marine

Corps

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

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

7 (b) OFFICERS.—Effective on October 1, 1993, the

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

9 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’’.

10 SEC. 414. FORCE STRUCTURE ALLOWANCE FOR ARMY NA11 TIONAL GUARD.

12 (a) MINIMUM FORCE STRUCTURE LEVEL.—The

13 force structure allowance for the Army National Guard of

14 the United States for fiscal year 1994 shall be not less

15 than 420,000.

16 (b) FORCE STRUCTURE ALLOWANCE DEFINED.—

17 For purposes of this section, the force structure allowance

18 for a reserve component is the allowance prescribed for

19 that reserve component by the Secretary of the military
179

HR 2401 EH

1 department concerned pursuant to section 413 of the Na2 tional Defense Authorization Act for Fiscal Year 1993

3 (Public Law 102–484; 106 Stat. 2400).

4 SEC. 415. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPOR5 TUNITY (COOP) PROGRAM.

6 (a) FISCAL YEAR 1994.—The Secretary of the Navy

7 shall ensure that none of the end strength reduction pro8 jected for the Naval Reserve in this Act shall be derived

9 from personnel authorizations assigned to the Craft of Op10 portunity mission.

11 (b) PERMANENT STAFFING LEVEL.—The number of

12 personnel authorizations assigned to the Craft of Oppor13 tunity mission shall be maintained during fiscal year 1994

14 and thereafter at not less than the level in effect on Sep15 tember 30, 1991.

16 Subtitle C—Military Training

17 Student Loads

18 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

19 (a) IN GENERAL.—For fiscal year 1994, the compo20 nents of the active and reserve Armed Forces are author21 ized average military training student loads as follows:

22 (1) The Army, 75,220.

23 (2) The Navy, 45,269.

24 (3) The Marine Corps, 22,753.

25 (4) The Air Force, 33,439.
180

HR 2401 EH

1 (b) ADJUSTMENTS.—The average military training

2 student loads authorized in subsection (a) shall be ad3 justed consistent with the end strengths authorized in sub4 titles A and B. The Secretary of Defense shall prescribe

5 the manner in which such adjustments shall be appor6 tioned.

7 SEC. 422. STUDENT LOADS AT WAR COLLEGES AND AT COM8 MAND AND GENERAL STAFF COLLEGES.

9 (a) REQUIRED STUDENT LEVELS.—The Secretary of

10 Defense shall ensure that the number of students at each

11 of the war colleges and at each of the command and gen12 eral staff colleges is maintained during fiscal year 1994

13 at the same level as was in effect on October 1, 1992,

14 for each such college.

15 (b) COVERED SCHOOLS.—For purposes of subsection

16 (a)—

17 (1) the war colleges are the National War Col18 lege, the Industrial College of the Armed Forces, the

19 Army War College, the College of Naval Warfare,

20 and the Air War College; and

21 (2) the command and general staff colleges are

22 the Armed Forces Staff College, the Army Com23 mand and General Staff Course, the College of

24 Naval Command and Staff, the Air Command and
181

HR 2401 EH

1 Staff College, and the Marine Corps Command and

2 Staff College.

3 Subtitle D—Authorization of

4 Appropriations

5 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI6 TARY PERSONNEL.

7 There is hereby authorized to be appropriated to the

8 Department of Defense for military personnel for fiscal

9 year 1994 a total of $70,671,147,000. The authorization

10 in the preceding sentence supersedes any other authoriza11 tion of appropriations (definite or indefinite) for such pur12 pose for fiscal year 1994.

13 TITLE V—MILITARY PERSONNEL

14 POLICY

15 Subtitle A—Active Components

16 SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR SEPA17 RATION PAY FOR REGULAR OFFICERS INVOL18 UNTARILY DISCHARGED.

19 (a) PERIOD OF SERVICE REQUIRED FOR ELIGI20 BILITY.—Section 1174(a)(1) of title 10, United States

21 Code, is amended by striking out ‘‘five’’ and inserting in

22 lieu thereof ‘‘six’’.

23 (b) EFFECTIVE DATE.—(1) Except as provided in

24 paragraph (2), the amendment made by subsection (a)
182

HR 2401 EH

1 shall apply with respect to any regular officer who is dis2 charged 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

5 enactment of this Act has five or more, but less than six,

6 years 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,

11 United States Code, are amended by striking out ‘‘Decem12 ber 5, 1991’’ and inserting in lieu thereof ‘‘the date of

13 the enactment of the National Defense Authorization Act

14 for Fiscal Year 1994’’.

15 SEC. 503. ELIGIBILITY FOR INVOLUNTARY SEPARATION

16 BENEFITS.

17 Section 1141 of title 10, United States Code, is

18 amended by striking out ‘‘September 30, 1990’’ and in19 serting in lieu thereof ‘‘September 30, 1991’’.

20 SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR TEM21 PORARY PROMOTION OF CERTAIN NAVY

22 LIEUTENANTS.

23 (a) EXTENSION.—Section 5721(f) of title 10, United

24 States Code, is amended by striking out ‘‘September 30,
183

HR 2401 EH

1 1993’’ and inserting in lieu thereof ‘‘September 30,

2 1995’’.

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

4 subsection (a) shall take effect as of September 30, 1993.

5 SEC. 505. OFFICERS INELIGIBLE FOR CONSIDERATION BY

6 EARLY RETIREMENT BOARDS.

7 Section 638(e)(2)(B) of title 10, United States Code,

8 is amended—

9 (1) by inserting ‘‘(i)’’ after ‘‘grade and competi10 tive category’’;

11 (2) by inserting ‘‘(ii)’’ after ‘‘of this title, or’’;

12 and

13 (3) by striking out the comma after ‘‘any provi14 sion of law’’.

15 SEC. 506. REMEDY FOR INEFFECTIVE COUNSELING OF OF16 FICERS DISCHARGED FOLLOWING SELEC17 TION BY EARLY DISCHARGE BOARDS.

18 (a) PROCEDURE FOR REVIEW.—(1) The Secretary of

19 each military department shall establish a procedure for

20 the review of the individual circumstances of an officer de21 scribed in paragraph (2) who is discharged, or who the

22 Secretary concerned approves for discharge, following the

23 report of a selection board convened by the Secretary to

24 select officers for separation.
184

HR 2401 EH

1 (2) This section applies in the case of any officer (in2 cluding a warrant officer) who, having been offered the

3 opportunity to be discharged or otherwise separated from

4 active duty through the programs provided under section

5 1174a and 1175 of title 10, United States Code, elected

6 not to accept such discharge or separation.

7 (b) APPLICATION.—A review under this section shall

8 be conducted in any case submitted to the Secretary con9 cerned by application from the officer or former officer

10 under regulations prescribed by the Secretary.

11 (c) PURPOSE OF REVIEW.—(1) The review under this

12 section shall be designed to evaluate the effectiveness of

13 the counseling of the officer before the convening of the

14 board to ensure that the officer was properly informed

15 that selection for discharge or other separation from active

16 duty was a potential result of being within the group of

17 officers to be considered by the board and that the officer

18 was not improperly informed that such selection in that

19 officer’s personal case was unlikely.

20 (2) The Secretary shall consider each case on its mer21 its, but shall make a finding of ineffective counseling if

22 an individual was instructed by an official source before

23 the convening of the board that the officer’s risk of dis24 charge was reduced by the quality of the officer’s record

25 or by an expected limitation on the number of discharges
185

HR 2401 EH

1 from the officer’s occupational skill category, branch,

2 corps, or other administrative grouping of officers.

3 (3) For purposes of this subsection, the term ‘‘official

4 source’’ means any office or individual within a military

5 department that could reasonably be expected to provide

6 information on an individual personnel record or personnel

7 policy.

8 (d) REMEDY.—Upon a finding of ineffective counsel9 ing under subsection (c), the Secretary shall provide the

10 officer the opportunity to participate, at the officer’s op11 tion, in any one of the following programs:

12 (1) The Special Separation Benefits Programs

13 under section 1174a of title 10, United States Code.

14 (2) The Voluntary Separation Incentive pro15 gram under section 1175 of such title.

16 (3) The Temporary Early Retirement Authority

17 as authorized by section 4403 of the National De18 fense Authorization Act for Fiscal Year 1993 (Pub19 lic Law 102–484, October 23, 1992).

20 The officer must meet all eligibility criteria for the pro21 gram selected.

22 (e) EFFECTIVE DATE.—This section shall apply with

23 respect to officers separated after September 30, 1990.
186

HR 2401 EH

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

14 amended by striking out ‘‘may not exceed 200’’ and insert15 ing in lieu 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

20 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.

21 261 note) is amended by striking out subsections (b) and

22 (c).
187

HR 2401 EH

1 SEC. 514. TWO-YEAR EXTENSION OF CERTAIN RESERVE OF2 FICER MANAGEMENT PROGRAMS.

3 (a) GRADE DETERMINATION AUTHORITY FOR CER4 TAIN RESERVE MEDICAL OFFICERS.—Sections 3359(b)

5 and 8359(b) of title 10, United States Code, are each

6 amended by striking ‘‘September 30, 1993’’ and inserting

7 in lieu thereof ‘‘September 30, 1995’’.

8 (b) PROMOTION AUTHORITY FOR CERTAIN RESERVE

9 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

10 and 8380(d) of such title are each amended by striking

11 out ‘‘September 30, 1993’’ and inserting in lieu thereof

12 ‘‘September 30, 1995’’.

13 (c) YEARS OF SERVICE FOR MANDATORY TRANSFER

14 TO THE RETIRED RESERVE.—Section 1016(d) of the De15 partment of Defense Authorization Act, 1984 (10 U.S.C.

16 3360 note) is amended by striking out ‘‘September 30,

17 1993’’ and inserting in lieu thereof ‘‘September 30,

18 1995’’.

19 (d) EFFECTIVE DATE.—(1) The amendments made

20 by this section shall take effect as of September 30, 1993.

21 (2) If the date of the enactment of this Act is after

22 September 30, 1993, the Secretary of the Army or the

23 Secretary of the Air Force, as appropriate, shall provide,

24 in the case of a Reserve officer appointed to a higher grade

25 on or after the date of the enactment of this Act under

26 an appointment described in paragraph (3), that the date
188

HR 2401 EH

1 of rank of such officer under that appointment shall be

2 the date of rank that would have applied to the appoint3 ment had the authority referred to in that paragraph not

4 lapsed.

5 (3) An appointment referred to in paragraph (2) is

6 an appointment under section 3380 or 8380 of title 10,

7 United States Code, that (as determined by the Secretary

8 concerned) would have been made during the period begin9 ning on October 1, 1993, and ending on the date of the

10 enactment of this Act had the authority to make appoint11 ments under that section not lapsed during such period.

12 SEC. 515. CADRE DIVISIONS.

13 (a) REQUIREMENT TO ESTABLISH.—The Secretary

14 of the Army shall, not later than September 30, 1995, es15 tablish one or more active cadre divisions of the Army as

16 reserve component training divisions. Each such active

17 cadre division shall be part of the active Army force struc18 ture and shall have a commander who is on the active19 duty list of the Army.

20 (b) IMPLEMENTATION PLAN.—The Secretary of the

21 Army shall during fiscal year 1994 submit to the Commit22 tees on Armed Services of the Senate and House of Rep23 resentatives a plan to meet the requirement in subsection

24 (a). The plan shall include a proposal for any statutory
189

HR 2401 EH

1 changes that the Secretary considers to be necessary for

2 the implementation of the plan.

3 SEC. 516. TEST PROGRAM FOR RESERVE COMBAT MANEU4 VER UNIT INTEGRATION.

5 (a) PLAN FOR TEST PROGRAM.—The Secretary of

6 the Army shall prepare a plan for carrying out a test pro7 gram to determine the feasibility and advisability of apply8 ing the roundout and roundup models for integration of

9 active and reserve component Army units at the battalion

10 and company levels.

11 (b) PURPOSE OF TEST PROGRAM.—The purpose of

12 the test program shall be to evaluate whether the roundout

13 and roundup concepts if applied at the battalion and com14 pany levels would—

15 (1) decrease post-mobilization training time;

16 (2) increase the capabilities of reserve compo17 nent leaders;

18 (3) improve the integration of the active and re19 serve components; and

20 (4) provide a more efficient means for future

21 expansion of the Army in a period of emergency or

22 increasing international threats to the vital interests

23 of the United States.

24 (c) REPORT ON PLAN.—The Secretary of the Army

25 shall submit to Congress not later than March 31, 1994,
190

HR 2401 EH

1 a report that includes the plan for the test program re2 quired under subsection (a).

3 (d) DEFINITIONS.—For purposes of this section, the

4 terms ‘‘roundout’’ and ‘‘roundup’’ refer to two approaches

5 for integrating Army reserve component (Army National

6 Guard and Army Reserve) combat units into active Army

7 corps, divisions, brigades, and battalions after mobiliza8 tion. The roundout approach is the method of bringing

9 an incomplete active unit up to full strength by assigning

10 one or more reserve component units to it. The roundup

11 approach is the use of reserve component units to augment

12 or expand active units that are already at full strength.

13 SEC. 517. REVISIONS TO PILOT PROGRAM FOR ACTIVE

14 COMPONENT SUPPORT OF THE RESERVES.

15 (a) ACTIVE COMPONENT ADVISERS.—(1) Subsection

16 (c) of section 414 of the National Defense Authorization

17 Act for Fiscal Years 1992 and 1993 (Public Law 102–

18 190; 10 U.S.C. 261 note) is amended to read as follows:

19 ‘‘(c) PERSONNEL TO BE ASSIGNED.—The Secretary

20 shall assign not less than 2,000 active component person21 nel to serve as advisers under the program. After Septem22 ber 30, 1994, the number under the preceding sentence

23 shall be increased to not less than 5,000.’’.

24 (2) Subsection (d) of such section is amended by

25 striking out the period at the end of the second sentence
191

HR 2401 EH

1 and inserting in lieu thereof ‘‘, together with a proposal

2 for any statutory changes that the Secretary considers

3 necessary to implement the program on a permanent

4 basis.’’.

5 (b) ANNUAL REPORT ON IMPLEMENTATION.—(1)

6 The Secretary of the Army shall include in the annual re7 port of the Secretary to Congress known as the Army Pos8 ture Statement a presentation relating to the implementa9 tion of the Pilot Program for Active Component Support

10 of the Reserves under section 414 of the National Defense

11 Authorization Act for Fiscal Years 1992 and 1993 (Public

12 Law 102–190; 10 U.S.C. 261 note), as amended by sub13 section (a).

14 (2) Each such presentation shall include, with respect

15 to the period covered by the report, the following informa16 tion:

17 (A) The promotion rate for officers considered

18 for promotion from within the promotion zone who

19 are serving as active component advisers to units of

20 the Selected Reserve of the Ready Reserve (in ac21 cordance with that program) compared with the pro22 motion rate for other officers considered for pro23 motion from within the promotion zone in the same

24 pay grade and the same competitive category, shown

25 for all officers of the Army.
192

HR 2401 EH

1 (B) The promotion rate for officers considered

2 for promotion from below the promotion zone who

3 are serving as active component advisers to units of

4 the Selected Reserve of the Ready Reserve (in ac5 cordance with that program) compared in the same

6 manner as specified in subparagraph (A).

7 SEC. 518. REVISION OF CERTAIN DEADLINES UNDER ARMY

8 GUARD COMBAT REFORM INITIATIVE.

9 (a) DELAY IN MINIMUM PERCENTAGE OF PRIOR AC10 TIVE-DUTY PERSONNEL.—(1) Subsection (b) of section

11 1111 of the Army National Guard Combat Readiness Re12 form Act of 1992 (title XI of Public Law 102–484; 10

13 U.S.C. 3077 note; 106 Stat. 2537) is amended by striking

14 out ‘‘fiscal years 1993 through 1997’’ and inserting in lieu

15 thereof ‘‘fiscal years 1994 through 1997’’.

16 (2) Subsection (d) of such section is amended by

17 striking out ‘‘March 15, 1993’’ and ‘‘April 1, 1993’’ and

18 inserting in lieu thereof ‘‘December 15, 1993’’ and ‘‘Janu19 ary 15, 1994’’, respectively.

20 (b) REPORT ON DENTAL READINESS OF MEMBERS

21 OF EARLY DEPLOYING UNITS.—Section 1118(b) of such

22 Act (106 Stat. 2539) is amended by striking out ‘‘Feb23 ruary 15, 1993’’ and inserting in lieu thereof ‘‘October

24 1, 1993’’.
193

HR 2401 EH

1 SEC. 519. ANNUAL REPORT ON IMPLEMENTATION OF ARMY

2 NATIONAL GUARD REFORM INITIATIVE.

3 (a) IN GENERAL.—Chapter 307 of title 10, United

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

6 ‘‘§ 3083. Army National Guard Reform Initiative: an7 nual report

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

9 include in the annual report of the Secretary to Congress

10 known as the Army Posture Statement a detailed presen11 tation concerning the Army National Guard, including

12 particularly information relating to the implementation of

13 the Army National Guard Combat Readiness Reform Act

14 of 1992 (title XI of Public Law 102–484; 106 Stat. 2536

15 et seq.) (hereinafter in this section referred to as

16 ‘ANGCRRA’).

17 ‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each

18 presentation under subsection (a) shall include, with re19 spect to the period covered by the report, the following

20 information concerning the Army National Guard:

21 ‘‘(1) The number and percentage of officers

22 with at least two years of active-duty before becom23 ing a member of the Army National Guard.

24 ‘‘(2) The number and percentage of enlisted

25 personnel with at least two years of active-duty be-
194

HR 2401 EH

1 fore becoming a member of the Army National

2 Guard.

3 ‘‘(3) The number of officers who are graduates

4 of one of the service academies and were released

5 from active duty before the completion of their ac6 tive-duty service obligation and of those officers—

7 ‘‘(A) the number who are serving the re8 maining period of their active-duty service obli9 gation as a member of the Selected Reserve

10 pursuant to section 1112(a)(1) of ANGCRRA;

11 and

12 ‘‘(B) the number for whom waivers were

13 granted by the Secretary under section

14 1112(a)(2) of ANGCRRA and the reason for

15 each waiver.

16 ‘‘(4) The number of officers who were commis17 sioned as distinguished Reserve Officers’ Training

18 Corps graduates and were released from active duty

19 before the completion of their active-duty service ob20 ligation and of those officers—

21 ‘‘(A) the number who are serving the re22 maining period of their active-duty service obli23 gation as a member of the Selected Reserve

24 pursuant to section 1112(a)(1) of ANGCRRA;

25 and
195

HR 2401 EH

1 ‘‘(B) the number for whom waivers were

2 granted by the Secretary under section

3 1112(a)(2) of ANGCRRA and the reason for

4 each waiver.

5 ‘‘(5) The number of officers who are graduates

6 of the Reserve Officers’ Training Corps program

7 and who are performing their minimum period of ob8 ligated service in accordance with section 1112(b) of

9 ANGCRRA by a combination of (A) two years of ac10 tive duty, and (B) such additional period of service

11 as is necessary to complete the remainder of such

12 obligation served in the National Guard and, of

13 those officers, the number for whom permission to

14 perform their minimum period of obligated service in

15 accordance with that section was granted during the

16 preceding fiscal year.

17 ‘‘(6) The number of officers for whom rec18 ommendations were made during the preceding fiscal

19 year for a unit vacancy promotion to a grade above

20 first lieutenant and, of those recommendations, the

21 number and percentage that were concurred in by

22 an active-duty officer under section 1113(a) of

23 ANGCRRA, shown separately for each of the three

24 categories of officers set forth in section 1113(b) of

25 ANGCRRA.
196

HR 2401 EH

1 ‘‘(7) The number of waivers during the preced2 ing fiscal year under section 1114 of ANGCRRA of

3 any standard prescribed by the Secretary establish4 ing a military education requirement for noncommis5 sioned officers and the reason for each such waiver.

6 ‘‘(8) The number and distribution by grade,

7 shown for each State, of personnel in the initial

8 entry training and nondeployability personnel ac9 counting category established under 1115 of

10 ANGCRRA for members of the Army National

11 Guard who have not completed the minimum train12 ing required for deployment or who are otherwise

13 not available for deployment.

14 ‘‘(9) The number of members of the Army Na15 tional Guard, shown for each State, that were dis16 charged during the previous fiscal year pursuant to

17 1115(c)(1) of ANGCRRA for not completing the

18 minimum training required for deployment within 24

19 months after entering the National Guard.

20 ‘‘(10) The number of waivers granted by the

21 Secretary during the previous fiscal year under sec22 tion 1115(c)(2) of ANGCRRA, shown for each

23 State, of the requirement in section 1115(c)(1) of

24 ANGCRRA described in paragraph (9), and the rea25 son for each waiver.
197

HR 2401 EH

1 ‘‘(11) The number of members, shown for each

2 State, who were screened during the preceding fiscal

3 year to determine whether they meet minimum phys4 ical profile standards required for deployment and,

5 of those members—

6 ‘‘(A) the number and percentage who did

7 not meet minimum physical profile standards

8 required for deployment; and

9 ‘‘(B) the number and percentage who were

10 transferred pursuant to section 1116 of

11 ANGCRRA to the personnel accounting cat12 egory described in paragraph (8).

13 ‘‘(12) The number of members, and the per14 centage of the total membership, of the Army Na15 tional Guard, shown for each State, who underwent

16 a medical screening during the previous fiscal year

17 as provided in section 1117 of ANGCRRA.

18 ‘‘(13) The number of members, and the per19 centage of the total membership, of the Army Na20 tional Guard, shown for each State, who underwent

21 a dental screening during the previous fiscal year as

22 provided in section 1117 of ANGCRRA.

23 ‘‘(14) The number of members, and the per24 centage of the total membership, of the Army Na25 tional Guard, shown for each State, over the age of
198

HR 2401 EH

1 40 who underwent a full physical examination dur2 ing the previous fiscal year for purposes of section

3 1117 of ANGCRRA.

4 ‘‘(15) The number of units of the Army Na5 tional Guard that are scheduled for early deployment

6 in the event of a mobilization and, of those units,

7 the number that are dentally ready for deployment

8 in accordance with section 1118 of ANGCRRA.

9 ‘‘(16) The estimated post-mobilization training

10 time for each Army National Guard combat unit,

11 and a description, displayed in broad categories and

12 by State, of what training would need to be accom13 plished for Army National Guard combat units in a

14 post-mobilization period, for purposes of section

15 1119 of ANGCRRA.

16 ‘‘(17) A description of the measures taken dur17 ing the preceding fiscal year to comply with the re18 quirement in section 1120 of ANGCRRA to expand

19 the use of simulations, simulators, and advanced

20 training devices and technologies for members and

21 units of the Army National Guard.

22 ‘‘(18) Summary tables of unit readiness, shown

23 for each State, and drawn from the unit readiness

24 rating system as required by section 1121 of

25 ANGCRRA, including the personnel readiness rating
199

HR 2401 EH

1 information and the equipment readiness assessment

2 information required by that section, together

3 with—

4 ‘‘(A) explanations of the information

5 shown in the table; and

6 ‘‘(B) based on the information shown in

7 the tables, the Secretary’s overall assessment of

8 the deployability of units of the Army National

9 Guard, including a discussion of personnel defi10 ciencies and equipment shortfalls in accordance

11 with such section 1121.

12 ‘‘(19) Summary tables, shown for each State, of

13 the results of inspections of units of the Army Na14 tional Guard by inspectors general or other commis15 sioned officers of the Regular Army under the provi16 sions of section 105 of title 32, together with expla17 nations of the information shown in the tables, and

18 including display of—

19 ‘‘(A) the number of such inspections;

20 ‘‘(B) identification of the entity conducting

21 each inspection;

22 ‘‘(C) the number of units inspected; and

23 ‘‘(D) the overall results of such inspec24 tions, including the inspector’s determination

25 for each inspected unit of whether the unit met
200

HR 2401 EH

1 deployability standards and, for those units not

2 meeting deployability standards, the reasons for

3 such failure and the status of corrective actions.

4 ‘‘(20) A listing for each Army National Guard

5 combat unit of the active-duty combat unit associ6 ated with it in accordance with section 1131(a) of

7 ANGCRRA identification of each Army National

8 Guard unit, to be shown by State and to be accom9 panied, for each such National Guard unit, by—

10 ‘‘(A) the assessment of the commander of

11 that associated active-duty unit of the man12 power, equipment, and training resource re13 quirements of that National Guard unit in ac14 cordance with section 1131(b)(3) of

15 ANGCRRA; and

16 ‘‘(B) the results of the validation by the

17 commander of that associated active-duty unit

18 of the compatibility of that National Guard unit

19 with active duty forces in accordance with sec20 tion 1131(b)(4) of ANGCRRA.

21 ‘‘(21) A specification of the active-duty person22 nel assigned to units of the Selected Reserve pursu23 ant to section 414(c)(4) of the National Defense Au24 thorization Act for Fiscal Years 1992 and 1993 (10

25 U.S.C. 261 note), shown (A) by State, (B) by rank
201

HR 2401 EH

1 of officers, warrant officers, and enlisted members

2 assigned, and (C) by unit or other organizational en3 tity of assignment.

4 ‘‘(c) IMPLEMENTATION.—The requirement to include

5 in an presentation required by subsection (a) information

6 under any paragraph of subsection (b) shall take effect

7 the year following the year in which the provision of

8 ANGCRRA to which that paragraph pertains has taken

9 effect. Before then, in the case of any such paragraph,

10 the Secretary shall include any information that may be

11 available concerning the topic covered by that paragraph.

12 ‘‘(d) DEFINITION.—In this section, the term ‘State’

13 includes the District of Columbia, Puerto Rico, Guam, and

14 the Virgin Islands.’’.

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

16 at the beginning of such chapter is amended by adding

17 at the end the following new item:

‘‘3083. Army National Guard Reform Initiative: annual report.’’.

18 SEC. 520. FFRDC STUDY OF STATE AND FEDERAL MISSIONS

19 OF THE NATIONAL GUARD.

20 (a) STUDY REQUIRED.—The Secretary of Defense

21 shall provide for a study of the State and Federal missions

22 of the National Guard to be carried out by a federally

23 funded research and development center. The study shall

24 consider both the separate and integrated requirements
202

HR 2401 EH

1 (including requirements pertaining to personnel, weapons,

2 equipment, and facilities) that derive from those missions.

3 (b) MATTERS TO BE INCLUDED.—The Secretary

4 shall require that the matters to be considered under the

5 study include the following:

6 (1) Whether the currently projected size for the

7 National Guard after the completion of the reduc8 tions in the national defense structure planned

9 through fiscal year 1998 will be adequate for the

10 National Guard to fulfill both its State and Federal

11 missions.

12 (2) Whether the system of assigning Federal

13 missions to State Guard units could be altered to

14 optimize the Federal as well as the State capabilities

15 of the National Guard.

16 (3) Whether alternative arrangements, such as

17 cooperative development of National Guard capabili18 ties among the States grouped as regions, are advis19 able and feasible.

20 (4) Whether alternative Federal-State cost21 sharing arrangements should be implemented for

22 National Guard units whose principal function is to

23 support State missions.

24 (5) Such other matters related to the missions

25 of the National Guard and the corresponding re-
203

HR 2401 EH

1 quirements related to those missions as the Sec2 retary may specify or the center carrying out the

3 study may determine necessary.

4 (c) FFRDC REPORTS.—(1) The Secretary shall re5 quire the center carrying out the study to submit an in6 terim report not later than May 1, 1994, and a final re7 port not later than November 15, 1994. Each report shall

8 include the findings, conclusions, and recommendations of

9 the center concerning each of the matters referred to in

10 subsection (b).

11 (2) The Secretary shall submit each such report to

12 the Committees on Armed Services of the Senate and

13 House of Representatives not later than 15 days after the

14 date on which it is received by the Secretary.

15 (d) EVALUATION AND REPORT OF FINAL FFRDC

16 REPORT.—(1) After the center carrying out the study sub17 mits its final report, the Secretary of Defense, together

18 with the Secretary of the Army and the Secretary of the

19 Air Force, shall conduct an evaluation of the assumptions,

20 analysis, findings, and recommendations of that study.

21 (2) Not later than February 1, 1995, the Secretary

22 shall submit to the Committees on Armed Services of the

23 Senate and House of Representatives a report on the eval24 uation under paragraph (1). The report shall be accom25 panied by any recommendations for legislative action that
204

HR 2401 EH

1 the Secretary considers necessary as a result of the study

2 and evaluation required by this section.

3 (e) COOPERATION.—The Secretary shall ensure that

4 the center carrying out the study under this section has

5 full access to such information as the center requires for

6 the purposes of the study and that the center otherwise

7 receives full cooperation from all officials and entities of

8 the Department of Defense, including the National Guard,

9 in carrying out the study.

10 SEC. 521. EDUCATIONAL ASSISTANCE FOR GRADUATE PRO11 GRAMS FOR MEMBERS OF THE SELECTED RE12 SERVE.

13 Section 2131 of title 10, United States Code, is

14 amended—

15 (1) in subsection (c)(1), by striking out ‘‘other

16 than’’ and all that follows through ‘‘level.’’ and in17 serting in lieu thereof a period; and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(i) A program of education in a course of instruction

21 beyond the baccalaureate degree level shall be provided

22 under this chapter, subject to the availability of appropria23 tions.’’.
205

HR 2401 EH

1 SEC. 522. TRANSITION BENEFITS FOR COAST GUARD RE2 SERVE.

3 (a) APPLICABILITY OF CERTAIN BENEFITS.—The

4 Secretary of Transportation shall prescribe such regula5 tions as necessary so as to apply to the members of the

6 Coast Guard Reserve the provisions of subtitle B of title

7 XLIV of the Defense Conversion, Reinvestment, and

8 Transition Assistance Act of 1992 (division D of Public

9 Law 102–484; 106 Stat. 2712), including the amend10 ments made by those provisions. For purposes of the ap11 plication of any of such provisions to the Coast Guard Re12 serve, any reference in those provisions to the Secretary

13 of Defense or Secretary of a military department shall be

14 treated as referring to the Secretary of Transportation.

15 (b) REGULATIONS.—Regulations prescribed for the

16 purposes of this section shall to the extent practicable be

17 identical to the regulations prescribed by the Secretary of

18 Defense under those provisions.

19 (c) TEMPORARY SPECIAL RETIREMENT AUTHOR20 ITY.—Section 1331a of title 10, United States Code, is

21 amended—

22 (1) in subsection (a), by striking out ‘‘Secretary

23 of a military department’’ and inserting in lieu

24 thereof ‘‘Secretary concerned’’; and

25 (2) in subsection (c), by striking out ‘‘of the

26 military department’’; and
206

HR 2401 EH

1 (3) in subsection (e), by striking out the period

2 at the end and inserting in lieu thereof ‘‘and by the

3 Secretary of Transportation with respect to the

4 Coast Guard.’’.

5 Subtitle C—Warrant Officers

6 SEC. 531. AUTHORIZATION FOR INVOLUNTARY SEPARA7 TION OF CERTAIN REGULAR WARRANT OFFI8 CERS.

9 (a) IN GENERAL.—Chapter 33A of title 10, United

10 States Code, is amended by inserting after section 580 the

11 following new section:

12 ‘‘§ 580a. Enhanced authority for selective early dis13 charges

14 ‘‘(a) The Secretary of Defense may authorize the Sec15 retary of a military department, during the two-year pe16 riod beginning on October 1, 1993, to take the action set

17 forth in subsection (b) with respect to regular warrant of18 ficers of an armed force under the jurisdiction of that Sec19 retary.

20 ‘‘(b) The Secretary of a military department may,

21 with respect to regular warrant officers of an armed force,

22 when authorized to do so under subsection (a), convene

23 selection boards under section 573(c) of this title to con24 sider for discharge regular warrant officers on the warrant

25 officer active-duty list—
207

HR 2401 EH

1 ‘‘(1) who have served at least one year of active

2 duty in the grade currently held;

3 ‘‘(2) whose names are not on a list of warrant

4 officers recommended for promotion; and

5 ‘‘(3) who are not eligible to be retired under

6 any provision of law and are not within two years

7 of becoming so eligible.

8 ‘‘(c)(1) In the case of an action under subsection (b),

9 the Secretary of the military department concerned may

10 submit to a selection board convened pursuant to that

11 subsection—

12 ‘‘(A) the names of all regular warrant officers

13 described in that subsection in a particular grade

14 and competitive category; or

15 ‘‘(B) the names of all regular warrant officers

16 described in that subsection in a particular grade

17 and competitive category who also are in particular

18 year groups or specialties, or both, within that com19 petitive category.

20 ‘‘(2) The Secretary concerned shall specify the total

21 number of warrant officers to be recommended for dis22 charge by a selection board convened pursuant to sub23 section (b). That number may not be more than 30 per24 cent of the number of officers considered—
208

HR 2401 EH

1 ‘‘(A) in each grade in each competitive cat2 egory; or

3 ‘‘(B) in each grade, year group, or specialty (or

4 combination thereof) in each competitive category.

5 ‘‘(3) The total number of regular warrant officers de6 scribed in subsection (b) from any of the armed forces (or

7 from any of the armed forces in a particular grade) who

8 may be recommended during a fiscal year for discharge

9 by a selection board convened pursuant to the authority

10 of that subsection may not exceed 70 percent of the de11 crease, as compared to the preceding fiscal year, in the

12 number of warrant officers of that armed force (or the

13 number of warrant officers of that armed force in that

14 grade) authorized to be serving on active duty as of the

15 end of that fiscal year.

16 ‘‘(4) A warrant officer who is recommended for dis17 charge by a selection board convened pursuant to the au18 thority of subsection (b) and whose discharge is approved

19 by the Secretary concerned shall be discharged on a date

20 specified by the Secretary concerned.

21 ‘‘(5) Selection of warrant officers for discharge under

22 this subsection shall be based on the needs of the service.

23 ‘‘(d) The discharge of any warrant officer pursuant

24 to this section shall be considered involuntary for purposes

25 of any other provision of law.’’.
209

HR 2401 EH

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

2 at the beginning of chapter 33A is amended by inserting

3 after the item relating to section 580 the following new

4 item:

‘‘580a. Enhanced authority for selective early discharges.’’.

5 SEC. 532. DETERMINATION OF SERVICE FOR WARRANT OF6 FICER RETIREMENT SANCTUARY.

7 (a) EQUITY WITH OTHER MEMBERS.—Section

8 580(a)(4) of title 10, United States Code, is amended—

9 (1) by inserting ‘‘(except as provided in sub10 paragraph (C))’’ in subparagraph (A) after ‘‘shall be

11 separated’’; and

12 (2) by adding at the end the following new sub13 paragraph:

14 ‘‘(C) If on the date on which a warrant officer is to

15 be separated under subparagraph (A) the warrant officer

16 has at least 18 years of creditable active service, the war17 rant officer shall be retained on active duty until retired

18 under paragraph (3) in the same manner as if the warrant

19 officer had had at least 18 years of service on the applica20 ble date under subparagraph (A) or (B) of that para21 graph.’’.

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

23 subsection (a) shall apply to warrant officers who have not

24 been separated pursuant to section 580(a)(4) of title 10,
210

HR 2401 EH

1 United States Code, before the date of enactment of this

2 Act.

3 Subtitle D—Women in the Service

4 SEC. 541. REPEAL OF THE STATUTORY RESTRICTION ON

5 THE ASSIGNMENT OF WOMEN IN THE NAVY

6 AND MARINE CORPS.

7 (a) IN GENERAL.—Section 6015 of title 10, United

8 States Code, is repealed.

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

10 at the beginning of chapter 555 of this title is amended

11 by striking out the item relating to section 6015.

12 SEC. 542. GENDER-NEUTRAL OCCUPATIONAL PERFORM13 ANCE STANDARDS.

14 (a) GENERAL REQUIREMENT.—In the case of any

15 military occupational career field that is open to both male

16 and female members of the Armed Forces, the Secretary

17 of Defense—

18 (1) shall ensure that qualification of members

19 of the Armed Forces for, and continuance of mem20 bers of the Armed Forces in, that occupational ca21 reer field is evaluated on the basis of common, rel22 evant performance standards, without differential

23 standards or evaluation on the basis of gender;

24 (2) may not use any gender quota, goal, or ceil25 ing except as specifically authorized by law; and
211

HR 2401 EH

1 (3) may not change an occupational perform2 ance standard for the purpose of increasing or de3 creasing the number of women in that occupational

4 career field.

5 (b) REQUIREMENT FOR USE OF SPECIFIC PHYSICAL

6 REQUIREMENTS.—For any military occupational field

7 that is open to both male and female members of the

8 Armed Forces for which (as determined by the Secretary

9 of Defense) muscular strength and endurance and cardio10 vascular capacity are relevant to the performance of duties

11 in that field, the Secretary shall prescribe specific physical

12 requirements for members of the Armed Forces in that

13 field and shall apply those physical requirements on a gen14 der-neutral basis.

15 (c) NOTICE TO CONGRESS OF CHANGES.—At least

16 60 days before implementing any changes to occupational

17 standards for a military occupational field which are ex18 pected to result in an increase, or in a decrease, of at least

19 10 percent in the number of female members of the Armed

20 Forces who enter, or are assigned to, that occupational

21 field, the Secretary of Defense shall submit to Congress

22 a report providing notice of the change and the justifica23 tion and rationale for the change.
212

HR 2401 EH

1 SEC. 543. NOTICE TO CONGRESS OF CHANGES TO GROUND

2 COMBAT EXCLUSION POLICY.

3 (a) REQUIREMENT.—(1) If the Secretary of Defense

4 proposes to make any change described in paragraph (2)

5 to the ground combat exclusion policy, the Secretary shall,

6 not less than 90 days before any such change is imple7 mented, submit to Congress a report providing notice of

8 the proposed change.

9 (2) A change referred to in paragraph (1) is a change

10 that either (A) closes to female members of the Armed

11 Forces any category of unit or position that at that time

12 is open to service by such members, or (B) opens to service

13 by such members any category of unit or position that at

14 that time is closed to service by such members.

15 (b) REPORT CONTENTS.—The Secretary shall include

16 in any report under subsection (a)—

17 (1) a detailed description of, and justification

18 for, the proposed change to the ground combat ex19 clusion policy; and

20 (2) a detailed analysis of legal implication of

21 the proposed change with respect to the constitu22 tionality of the application of the Military Selective

23 Service Act to males only.

24 (c) GROUND COMBAT EXCLUSION POLICY.—For pur25 poses of this section, the term ‘‘ground combat exclusion

26 policy’’ means the military personnel policies of the De-
213

HR 2401 EH

1 partment of Defense and the military departments, as in

2 effect on January 1, 1993, by which female members of

3 the Armed Forces are restricted from assignment to units

4 and positions whose mission requires routine engagement

5 in direct combat on the ground.

6 Subtitle E—Victims’ Rights and

7 Family Advocacy

8 SEC. 551. MANDATORY ARRESTS BY MILITARY LAW EN9 FORCEMENT OFFICIALS WHEN CALLED TO

10 SCENES OF DOMESTIC VIOLENCE.

11 (a) IN GENERAL.—Section 807 of title 10, United

12 States Code (article 7 of the Uniform Code of Military

13 Justice), is amended by adding at the end the following

14 new subsection:

15 ‘‘(d)(1) In a case of domestic violence in which a mili16 tary law enforcement official at the scene determines that

17 physical injury has been inflicted or a deadly weapon or

18 dangerous instrument has been used, the military law en19 forcement official, upon reasonable belief that an offense

20 has been committed by a person at the scene, shall appre21 hend that person, if the person is subject to this chapter,

22 or detain that person and remove that person from the

23 scene, if that person is not subject to this chapter.
214

HR 2401 EH

1 ‘‘(2) The Secretary of Defense shall prescribe by reg2 ulation the definition of ‘domestic violence’ for purposes

3 of this subsection.

4 ‘‘(3) In this subsection, the term ‘military law en5 forcement official’ means a person authorized under regu6 lations governing the armed forces to apprehend persons

7 subject to this chapter or to trial thereunder.’’.

8 (b) DEADLINE FOR PRESCRIBING PROCEDURES.—

9 The Secretary of Defense shall prescribe procedures to

10 carry out section 807(d) of title 10, United States Code,

11 as added by subsection (a), not later than six months after

12 the date of the enactment of this Act.

13 SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF

14 VICTIMS AND WITNESSES OF STATUS OF

15 PRISONERS IN MILITARY CORRECTIONAL FA16 CILITIES.

17 (a) IN GENERAL.—(1) Chapter 48 of title 10, United

18 States Code, is amended by adding at the end the follow19 ing new section:

20 ‘‘§ 957. Status of prisoners: procedures for notifying

21 victims and witnesses

22 ‘‘The Secretary of Defense shall prescribe procedures

23 and implement a centralized system for notice of the sta24 tus of offenders confined in military correctional facilities

25 to be provided to victims and witnesses. Such procedures
215

HR 2401 EH

1 shall, to the maximum extent practicable, be consistent

2 with procedures of the Federal Bureau of Prisons for vic3 tim and witness notification.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following

6 new item:

‘‘957. Status of prisoners: procedures for notifying victims and witnesses.’’.

7 (b) DEADLINE FOR PRESCRIBING PROCEDURES.—

8 The Secretary of Defense shall prescribe the procedures

9 required by section 957 of title 10, United States Code,

10 as added by subsection (a), not later than six months after

11 the date of the enactment of this Act and shall implement

12 the centralized system required by that section not later

13 than six months after those procedures are prescribed.

14 SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO

15 UCMJ.

16 (a) REPORT REQUIRED.—Not later than six months

17 after the date of the enactment of this Act, the Secretary

18 of Defense shall submit to the Committees on Armed Serv19 ices of the Senate and House of Representatives a report

20 on the problem of stalking by persons subject to the Uni21 form Code of Military Justice (chapter 47 of title 10,

22 United States Code). In the report, the Secretary shall de23 scribe the scope of the problem of stalking within the

24 Armed Forces and shall address whether existing proce25 dures and punitive articles under the Uniform Code of
216

HR 2401 EH

1 Military Justice adequately protect members of the Armed

2 Forces, and dependents of members of the Armed Forces,

3 who are threatened with stalking. The Secretary shall in4 clude in the report such recommendations for changes to

5 law and regulations as the Secretary determines to be nec6 essary.

7 (b) STALKING.—For purposes of the report under

8 subsection (a), stalking shall be considered to include ac9 tions of a person in repeatedly following or harassing an10 other person with the intent of placing that person in rea11 sonable fear of sexual battery, bodily injury, or death in

12 such a way that a reasonable person would be caused to

13 suffer substantial emotional distress and which cause that

14 person to suffer emotional distress.

15 SEC. 554. TRANSITIONAL COMPENSATION FOR DEPEND16 ENTS OF MEMBERS OF THE ARMED FORCES

17 DISCHARGED FOR DEPENDENT ABUSE.

18 (a) IN GENERAL.—(1) Chapter 53 of title 10, United

19 States Code, is amended by adding at the end the follow20 ing new section:

21 ‘‘§ 1058. Abused dependents: payment of transitional

22 compensation

23 ‘‘(a) AUTHORITY TO PAY COMPENSATION.—If a

24 member of the armed forces is separated from the armed

25 forces as described in subsection (b), the Secretary of the
217

HR 2401 EH

1 military department concerned may pay monthly transi2 tional compensation in accordance with this section to de3 pendents or former dependents of the member as specified

4 in subsection (d).

5 ‘‘(b) SEPARATIONS COVERED.—(1) This section ap6 plies in the case of a member of the armed forces on active

7 duty for a period of more than 30 days—

8 ‘‘(A) who is convicted of a dependent-abuse of9 fense (as defined in subsection (c)) and whose con10 viction results in the member being—

11 ‘‘(i) administratively discharged with a

12 general discharge or under other than honor13 able conditions; or

14 ‘‘(ii) discharged or dismissed from the

15 armed forces by sentence of a court-martial; or

16 ‘‘(B) against whom court-martial charges were

17 preferred for a dependent-abuse offense and who is

18 discharged in lieu of trial by court-martial in that

19 case upon approval of the member’s request or appli20 cation for discharge or, in the case of an officer, for

21 resignation.

22 ‘‘(2) For purposes of this section, a member of the

23 armed forces who is incarcerated by sentence of a court24 martial with total forfeiture of pay and allowances shall
218

HR 2401 EH

1 be treated as a former member dismissed or discharged

2 by sentence of a court-martial.

3 ‘‘(c) DEPENDENT-ABUSE OFFENSES.—(1) For pur4 poses of this section, a dependent-abuse offense is conduct

5 by an individual while a member of the armed forces on

6 active duty for a period of more than 30 days—

7 ‘‘(A) that involves abuse of the spouse or a de8 pendent child of the member; and

9 ‘‘(B) that is a criminal offense specified in reg10 ulations prescribed by the Secretary of Defense

11 under paragraph (2).

12 ‘‘(2) The Secretary of Defense shall prescribe by reg13 ulation the criminal offenses, or categories of offenses,

14 under the Uniform Code of Military Justice (chapter 47

15 of this title), Federal criminal law, the criminal laws of

16 the States and other jurisdictions of the United States,

17 and the laws of other nations that are to be considered

18 to be dependent-abuse offenses for the purposes of this

19 section.

20 ‘‘(d) RECIPIENTS OF PAYMENTS.—In any case of a

21 separation from active duty as described in subsection (b)

22 in which the Secretary of the military department con23 cerned determines that transitional compensation should

24 be paid under this section, the Secretary shall pay such
219

HR 2401 EH

1 compensation to dependents or former dependents of the

2 former member as follows:

3 ‘‘(1) If the former member was married at the

4 time of the commission of the dependent-abuse of5 fense resulting in the separation, such compensation

6 shall (except as otherwise provided in this sub7 section) be paid to the spouse or former spouse to

8 whom the member was married at that time.

9 ‘‘(2) If there is a spouse or former spouse who

10 (but for subsection (g)) would be eligible for com11 pensation under this section and if there is a de12 pendent child of the former member who does not

13 reside in the same household as that spouse or

14 former spouse, such compensation shall be paid to

15 each such dependent child of the former member

16 who does not reside in that household.

17 ‘‘(3) If there is no spouse or former spouse who

18 is (or but for subsection (g) would be) eligible under

19 paragraph (1), such compensation shall be paid to

20 the dependent children of the former member.

21 ‘‘(4) For purposes of paragraphs (2) and (3),

22 an individual’s status as a ‘dependent child’ shall be

23 determined as of the date on which the member is

24 convicted of the dependent-abuse offense or, in a
220

HR 2401 EH

1 case described in subsection (b)(1)(B), as of the date

2 on which the member is discharged.

3 ‘‘(e) COMMENCEMENT AND DURATION OF PAY4 MENT.—(1) Payment of transitional compensation under

5 this section shall commence as of the date of the dis6 continuance of the member’s pay and allowances pursuant

7 to the separation or sentencing of the member.

8 ‘‘(2) Payment of such compensation shall terminate

9 at the end of the dependents’ transitional period. The de10 pendents’ transitional period is the period (A) beginning

11 on the date on which the member is convicted of the de12 pendent-abuse offense or, in a case described in subsection

13 (b)(1)(B), on the date on which the member is discharged,

14 and (B) ending at the end of the transitional period deter15 mined by the Secretary concerned. Such transitional pe16 riod may not exceed 36 months, except that if the length

17 of the member’s service on active duty was less than 36

18 months, the transitional period may not exceed the length

19 of such service.

20 ‘‘(f) AMOUNT OF PAYMENT.—(1) Payment to a

21 spouse or former spouse under this section for any month

22 shall be at the rate in effect for that month for the pay23 ment of dependency and indemnity compensation under

24 section 1311(a)(1) of title 38.
221

HR 2401 EH

1 ‘‘(2) If a spouse or former spouse to whom compensa2 tion is paid under this section has custody of a dependent

3 child or children of the member, the amount of such com4 pensation paid for any month shall be increased for each

5 such dependent child by the amount in effect for that

6 month under section 1311(b) of title 38.

7 ‘‘(3) If compensation is paid under this section to a

8 child or children pursuant to subsection (d)(2) or (d)(3),

9 such compensation shall be paid in equal shares, with the

10 amount of such compensation for any month determined

11 in accordance with the rates in effect for that month under

12 section 1313 of title 38.

13 ‘‘(g) FORFEITURE PROVISIONS.—(1) If a former

14 spouse receiving compensation under this section remar15 ries, the Secretary shall terminate payment of such com16 pensation, effective as of the date of such marriage. The

17 Secretary may not renew payment of compensation under

18 this section to such former spouse in the event of the ter19 mination of such subsequent marriage.

20 ‘‘(2) If after the separation of the former member

21 as described in subsection (b) the former member resides

22 in the same household as the spouse or former spouse,

23 or dependent child, to whom compensation is otherwise

24 payable under this section, the Secretary shall terminate

25 payment of such compensation, effective as of the time the
222

HR 2401 EH

1 former member begins residing in such household. Com2 pensation paid for a period after the former member’s sep3 aration, but before the former member resides in the

4 household, shall not be recouped. If the former member

5 subsequently ceases to reside in such household before the

6 end of the period of eligibility for such payments, the Sec7 retary may not resume such payments.

8 ‘‘(3) In a case in which the victim of the dependent9 abuse offense resulting in the separation of the former

10 member was a dependent child, the Secretary concerned

11 may not pay compensation under this section to a spouse

12 or former spouse who would otherwise be eligible to receive

13 such compensation if the Secretary determines (under reg14 ulations prescribed under subsection (i)) that the spouse

15 or former spouse was an active participant in the conduct

16 constituting the dependent-abuse offense.

17 ‘‘(h) COORDINATION OF BENEFITS.—The Secretary

18 concerned may not make payments to a spouse or former

19 spouse under both this section and section 1408(h)(1) of

20 this title. In the case of a spouse or former spouse for

21 whom a court order provides for payments by the Sec22 retary pursuant to section 1408(h)(1) of this title and to

23 whom the Secretary offers payments under this section,

24 the spouse or former spouse shall elect which to receive.
223

HR 2401 EH

1 ‘‘(i) REGULATIONS.—The Secretary of each military

2 department shall prescribe regulations to carry out this

3 section with respect to members of the armed forces under

4 the jurisdiction of that Secretary. Such regulations shall

5 be as uniform as practicable and shall be subject to the

6 approval of the Secretary of Defense.

7 ‘‘(j) DEPENDENT CHILD DEFINED.—In this section,

8 the term ‘dependent child’, with respect to a member or

9 former member of the armed forces separated as described

10 in subsection (b), means an unmarried child, including an

11 adopted child or a stepchild, who was residing with the

12 member at the time of the dependent-abuse offense result13 ing in the separation of the former member and—

14 ‘‘(1) who is under 18 years of age;

15 ‘‘(2) who is 18 years of age or older and is in16 capable of self-support because of a mental or phys17 ical incapacity that existed before the age of 18 and

18 who is (or was at the time of the former member’s

19 separation) dependent on the former member for

20 over one-half of the child’s support; or

21 ‘‘(3) who is 18 years of age or older but less

22 than 23 years of age, is enrolled in a full-time course

23 of study in an institution of higher learning ap24 proved by the Secretary of Defense and who is (or

25 was at the time of the former member’s separation)
224

HR 2401 EH

1 dependent on the former member for over one-half

2 of the child’s support.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by inserting after the item relating

5 to section 1056 the following new item:

‘‘1058. Abused dependents: payment of transitional compensation.’’.

6 (b) EFFECTIVE DATE.—(1) Section 1058 of title 10,

7 United States Code, as added by subsection (a), shall

8 apply with respect to former members of the Armed

9 Forces discharged or dismissed as described in subsection

10 (b) of such section after the date that is three years before

11 the date of the enactment of this Act.

12 (2) Notwithstanding paragraph (1), no payment may

13 be made under such section 1058 with respect to any pe14 riod before April 1, 1994.

15 Subtitle F—Matters Relating to

16 Military Justice

17 SEC. 561. IMPROVED RIGHT OF APPEAL IN COURT-MARTIAL

18 CASES.

19 (a) RIGHT OF ACCUSED TO PETITION FOR REVIEW

20 BY COURTS OF MILITARY REVIEW.—Section 869 of title

21 10, United States Code (article 69 of the Uniform Code

22 of Military Justice), is amended—

23 (1) by redesignating subsection (e) as sub24 section (f); and
225

HR 2401 EH

1 (2) by inserting after subsection (d) the follow2 ing new subsection (e):

3 ‘‘(e)(1) A Court of Military Review, upon petition of

4 the accused and for good cause shown, may review, under

5 section 866 of this title (article 66)—

6 ‘‘(A) any court-martial case which is subject to

7 action by the Judge Advocate General under this

8 section (i) in which the Judge Advocate General de9 termines not to modify or set aside the findings or

10 sentence, in whole or in part, in accordance with the

11 application of the accused, and (ii) which is not sent

12 to the Court of Military Review by order of the

13 Judge Advocate General; and

14 ‘‘(B) any action taken by the Judge Advocate

15 General under this section in that case.

16 ‘‘(2) A petition by the accused under paragraph (1)

17 must be filed with the Court of Military Review within

18 60 days of the date on which the accused is notified of

19 the decision of the Judge Advocate General.’’.

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

21 subsection (a) shall apply with respect to any case re22 viewed by a Judge Advocate General under section 869

23 of title 10, United States Code, in which an application

24 is filed under subsection (b) of that section after the date

25 of the enactment of this Act.
226

HR 2401 EH

1 SEC. 562. CLARIFICATION OF PUNITIVE UCMJ ARTICLE RE2 GARDING DRUNKEN DRIVING.

3 (a) CLARIFICATION.—Paragraph (2) of section 911

4 of title 10, United States Code (article 111 of the Uniform

5 Code of Military Justice), is amended by inserting ‘‘or

6 more’’ after ‘‘0.10 grams’’ both places such term appears.

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

8 subsection (a) shall take effect as if included in the

9 amendment to section 911 of title 10, United States Code,

10 made by section 1066(a)(1) of Public Law 102–484 on

11 October 23, 1992.

12 Subtitle G—Other Matters

13 SEC. 571. CHANGE IN TIMING OF REQUIRED DRUG AND AL14 COHOL TESTING AND EVALUATION OF APPLI15 CANTS FOR APPOINTMENT AS CADET OR

16 MIDSHIPMAN AND FOR ROTC GRADUATES.

17 Section 978(a)(3) of title 10, United States Code, is

18 amended—

19 (1) in the first sentence, by striking out ‘‘dur20 ing the physical examination given the applicant be21 fore such appointment’’ and inserting in lieu thereof

22 ‘‘within 72 hours of such appointment’’; and

23 (2) in the second sentence, by striking out

24 ‘‘during the precommissioning physical examination

25 given such person’’ and inserting in lieu thereof ‘‘be26 fore such an appointment is executed’’.
227

HR 2401 EH

1 SEC. 572. 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 follow5 ing 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

10 other term or condition prescribed in the agreement) and,

11 by reason of the provision of the agreement required under

12 subsection (a)(3), may owe a debt to the United States

13 and in which that person disputes that such a debt is

14 owed, the Secretary shall designate an official (who may

15 be a member of the armed forces or a civilian employee

16 under the jurisdiction of the Secretary) to investigate the

17 facts of the case and hear evidence presented by the per18 son who may owe the debt and other parties, as appro19 priate, in order to determine the validity of the debt. That

20 official shall report the official’s findings and rec21 ommendations to the Secretary concerned. The report

22 shall include the official’s assessment as to whether the

23 individual behavior that resulted in the separation of the

24 person who may owe the debt qualifies as misconduct

25 under subsection (a)(3), if the justification for the debt

26 to the Government includes an allegation of misconduct.
228

HR 2401 EH

1 ‘‘(2) The Secretary of each military department shall

2 ensure that a member of the armed forces who may be

3 subject to a reimbursement requirement under this section

4 is advised of such requirement before (1) submitting a re5 quest for voluntary separation, or (2) making a decision

6 on a course of action regarding personal involvement in

7 administrative, nonjudicial, and judicial action resulting

8 from alleged 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 sec13 tion 2005 of title 10, United States Code, as added by

14 subsection (a), shall apply with respect to persons sepa15 rated from the Armed Forces after the end of the six16 month period beginning on the date of the enactment of

17 this Act.

18 (2) Subsection (h) of such section, as added by sub19 section (a), shall apply with respect to persons separated

20 from the Armed Forces after September 30, 1993.

21 SEC. 573. RECOGNITION OF POWERS OF ATTORNEY NOTA22 RIZED BY DEFENSE NOTARY PUBLIC.

23 Section 1044a of title 10, United States Code, is

24 amended by adding at the end the following new sub25 section:
229

HR 2401 EH

1 ‘‘(e) A power of attorney signed by a person author2 ized to receive legal assistance under section 1044 of this

3 title and notarized by a person authorized to do so under

4 this section shall be recognized as lawful and given full

5 effect by any person to whom it is presented, notwith6 standing any provision of law regulating the granting of

7 a power of attorney in any State, territory, or other juris8 diction of the United States.’’.

9 SEC. 574. POLICY CONCERNING HOMOSEXUALITY IN THE

10 ARMED FORCES.

11 (a) CODIFICATION.—(1) Chapter 37 of title 10,

12 United States Code, is amended by adding at the end the

13 following new section:

14 ‘‘§ 654. Policy concerning homosexuality in the armed

15 forces

16 ‘‘(a) FINDINGS.—Congress makes the following find17 ings:

18 ‘‘(1) Section 8 of article I of the Constitution

19 of the United States commits exclusively to the Con20 gress the powers to raise and support armies, pro21 vide and maintain a Navy, and make rules for the

22 government and regulation of the land and naval

23 forces.

24 ‘‘(2) There is no constitutional right to serve in

25 the armed forces.
230

HR 2401 EH

1 ‘‘(3) Pursuant to the powers conferred by sec2 tion 8 of article I of the Constitution of the United

3 States, it lies within the discretion of the Congress

4 to establish qualifications for and conditions of serv5 ice in the armed forces.

6 ‘‘(4) The primary purpose of the armed forces

7 is to prepare for and to prevail in combat should the

8 need arise.

9 ‘‘(5) The conduct of military operations re10 quires members of the armed forces to make ex11 traordinary sacrifices, including the ultimate sac12 rifice, in order to provide for the common defense.

13 ‘‘(6) Success in combat requires military units

14 that are characterized by high morale, good order

15 and discipline, and unit cohesion.

16 ‘‘(7) One of the most critical elements in com17 bat capability is unit cohesion, that is, the bonds of

18 trust among individual service members that make

19 the combat effectiveness of a military unit greater

20 than the sum of the combat effectiveness of the indi21 vidual unit members.

22 ‘‘(8) Military life is fundamentally different

23 from civilian life in that—

24 ‘‘(A) the extraordinary responsibilities of

25 the armed forces, the unique conditions of mili-
231

HR 2401 EH

1 tary service, and the critical role of unit cohe2 sion, require that the military community, while

3 subject to civilian control, exist as a specialized

4 society; and

5 ‘‘(B) the military society is characterized

6 by its own laws, rules, customs, and traditions,

7 including numerous restrictions on personal be8 havior, that would not be acceptable in civilian

9 society.

10 ‘‘(9) The standards of conduct for members of

11 the armed forces regulate a member’s life for 24

12 hours each day beginning at the moment the mem13 ber enters military status and not ending until that

14 person is discharged or otherwise separated from the

15 armed forces.

16 ‘‘(10) Those standards of conduct, including the

17 Uniform Code of Military Justice, apply to a mem18 ber of the armed forces at all times that the member

19 has a military status, whether the member is on

20 base or off base, and whether the member is on duty

21 or off duty.

22 ‘‘(11) The pervasive application of the stand23 ards of conduct is necessary because members of the

24 armed forces must be ready at all times for world25 wide deployment to a combat environment.
232

HR 2401 EH

1 ‘‘(12) The worldwide deployment of United

2 States military forces, the international responsibil3 ities of the United States, and the potential for in4 volvement of the armed forces in actual combat rou5 tinely make it necessary for members of the armed

6 forces involuntarily to accept living conditions and

7 working conditions that are often spartan, primitive,

8 and characterized by forced intimacy with little or

9 no privacy.

10 ‘‘(13) The prohibition against homosexual con11 duct is a longstanding element of military law that

12 continues to be necessary in the unique cir13 cumstances of military service.

14 ‘‘(14) The armed forces must maintain person15 nel policies that exclude persons whose presence in

16 the armed forces would create an unacceptable risk

17 to the armed forces’ high standards of morale, good

18 order and discipline, and unit cohesion that are the

19 essence of military capability.

20 ‘‘(15) The presence in the armed forces of per21 sons who demonstrate a propensity or intent to en22 gage in homosexual acts would create an unaccept23 able risk to the high standards of morale, good order

24 and discipline, and unit cohesion that are the es25 sence of military capability.
233

HR 2401 EH

1 ‘‘(b) POLICY.—A member of the armed forces shall

2 be separated from the armed forces under regulations pre3 scribed by the Secretary of Defense if one or more of the

4 following findings is made and approved in accordance

5 with procedures set forth in such regulations:

6 ‘‘(1) That the member has engaged in, at7 tempted to engage in, or solicited another to engage

8 in a homosexual act or acts unless there are further

9 findings, made and approved in accordance with pro10 cedures set forth in such regulations, that the mem11 ber has demonstrated that—

12 ‘‘(A) such conduct is a departure from the

13 member’s usual and customary behavior;

14 ‘‘(B) such conduct, under all the cir15 cumstances, is unlikely to recur;

16 ‘‘(C) such conduct was not accomplished

17 by use of force, coercion, or intimidation;

18 ‘‘(D) under the particular circumstances of

19 the case, the member’s continued presence in

20 the armed forces is consistent with the interests

21 of the armed forces in proper discipline, good

22 order, and morale; and

23 ‘‘(E) the member does not have a propen24 sity or intent to engage in homosexual acts.
234

HR 2401 EH

1 ‘‘(2) That the member has stated that he or she

2 is a homosexual or bisexual, or words to that effect,

3 unless there is a further finding, made and approved

4 in accordance with procedures set forth in the regu5 lations, that the member has demonstrated that he

6 or she is not a person who engages in, attempts to

7 engage in, has a propensity to engage in, or intends

8 to engage in homosexual acts.

9 ‘‘(3) That the member has married or at10 tempted to marry a person known to be of the same

11 biological sex.

12 ‘‘(c) ENTRY STANDARDS AND DOCUMENTS.—(1) The

13 Secretary of Defense shall ensure that the standards for

14 enlistment and appointment of members of the armed

15 forces reflect the policies set forth in subsection (b).

16 ‘‘(2) The documents used to effectuate the enlistment

17 or appointment of a person as a member of the armed

18 forces shall set forth the provisions of subsection (b).

19 ‘‘(d) REQUIRED BRIEFINGS.—The briefings that

20 members of the armed forces receive upon entry into the

21 armed forces and periodically thereafter under section 937

22 of this title (article 137 of the Uniform Code of Military

23 Justice) shall include a detailed explanation of the applica24 ble laws and regulations governing sexual conduct by
235

HR 2401 EH

1 members of the armed forces, including the policies pre2 scribed under subsection (b).

3 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in sub4 section (b) shall be construed to require that a member

5 of the armed forces be processed for separation from the

6 armed forces when a determination is made in accordance

7 with regulations prescribed by the Secretary of Defense

8 that—

9 ‘‘(1) the member engaged in conduct or made

10 statements for the purpose of avoiding or terminat11 ing military service; and

12 ‘‘(2) separation of the member would not be in

13 the best interest of the armed forces.

14 ‘‘(f) DEFINITIONS.—In this section:

15 ‘‘(1) The term ‘homosexual’ means a person, re16 gardless of sex, who engages in, attempts to engage

17 in, has a propensity to engage in, or intends to en18 gage in homosexual acts, and includes the terms

19 ‘gay’ and ‘lesbian’.

20 ‘‘(2) The term ‘bisexual’ means a person who

21 engages in, attempts to engage in, has a propensity

22 to engage in, or intends to engage in homosexual

23 and heterosexual acts.

24 ‘‘(3) The term ‘homosexual act’ means—
236

HR 2401 EH

1 ‘‘(A) any bodily contact, actively under2 taken or passively permitted, between members

3 of the same sex for the purpose of satisfying

4 sexual desires; and

5 ‘‘(B) any bodily contact which a reasonable

6 person would understand to demonstrate a pro7 pensity or intent to engage in an act described

8 in subparagraph (A).’’.

9 (2) The table of sections at the beginning of such

10 chapter is amended by adding at the end the following:

‘‘654. Policy concerning homosexuality in the armed forces.’’.

11 (b) REGULATIONS.—Not later than 90 days after the

12 date of enactment of this Act, the Secretary of Defense

13 shall revise Department of Defense regulations, and issue

14 such new regulations as may be necessary, to implement

15 section 654 of title 10, United States Code, as added by

16 subsection (a).

17 (c) SAVINGS PROVISION.—Nothing in this section or

18 section 654 of title 10, United States Code, as added by

19 subsection (a) may be construed to invalidate any inquiry,

20 investigation, administrative action or proceeding, court21 martial, or judicial proceeding conducted before the effec22 tive date of regulations issued by the Secretary of Defense

23 to implement such section 654.

24 (d) SENSE OF CONGRESS.—It is the sense of Con25 gress that—
237

HR 2401 EH

1 (1) the suspension of questioning concerning

2 homosexuality as part of the processing of individ3 uals for accession into the Armed Forces under the

4 interim policy of January 29, 1993, should be con5 tinued, but the Secretary of Defense may reinstate

6 that questioning with such questions or such revised

7 questions as he considers appropriate if the Sec8 retary determines that it is necessary to do so in

9 order to effectuate the policy set forth in section 654

10 of title 10, United States Code, as added by sub11 section (a); and

12 (2) the Secretary of Defense should consider is13 suing guidance governing the circumstances under

14 which members of the Armed Forces questioned

15 about homosexuality for administrative purposes

16 should be afforded warnings similar to the warnings

17 under section 831(b) of title 10, United States Code

18 (article 31(b) of the Uniform Code of Military Jus19 tice).

20 SEC. 575. FOREIGN LANGUAGE PROFICIENCY TEST PRO21 GRAM.

22 (a) TEST PROGRAM.—The Secretary of Defense shall

23 develop and carry out a test program for improving for24 eign language proficiency in the Department of Defense

25 through improved management and other measures. The
238

HR 2401 EH

1 test program shall be designed to evaluate the findings

2 and recommendations of—

3 (1) the June 1993 inspection report of the In4 spector General of the Department of Defense on

5 the Defense Foreign Language Program (report

6 numbered 93–INS–10);

7 (2) the report of the Sixth Quadrennial Review

8 of Military Compensation (August 1988); and

9 (3) any other recent study of the foreign lan10 guage proficiency program of the Department of De11 fense.

12 (b) EVALUATION OF PRIOR RECOMMENDATIONS.—

13 The test program shall include an evaluation of the follow14 ing possible changes to current practice identified in the

15 reports referred to in subsection (a):

16 (1) Management of linguist billets and person17 nel for the active and reserve components from a

18 Total Force perspective.

19 (2) Improvement of linguist training programs,

20 both resident and nonresident, to provide greater

21 flexibility, to accommodate missions other than sig22 nals intelligence, and to improve the provision of re23 sources for nonresident programs.

24 (3) Centralized responsibility within the Office

25 of the Secretary of Defense to provide coordinated
239

HR 2401 EH

1 oversight of all foreign language issues and pro2 grams, including a centralized process for deter3 mination, validation, and documentation of foreign

4 language requirements for different services and

5 missions.

6 (4) Revised policies of each of the military de7 partments to foster maintenance of highly perishable

8 linguistic skills through improved management of

9 the careers of language-trained personnel, including

10 more effective use of language skills, improved ca11 reer opportunities within the linguistics field, and

12 specific linkage of language proficiency to pro13 motions.

14 (5) In the case language-trained members of

15 the reserve components—

16 (A) the use of additional training assem17 blies (ATAs) as a means of sustaining linguistic

18 proficiency and enhancing retention; and

19 (B) the use of larger enlistment and reen20 listment bonuses, Special Duty Assignment

21 Pay, and educational incentives.

22 (6) Such other management changes as the

23 Secretary may consider necessary.

24 (c) EVALUATION OF ADJUSTMENT IN FOREIGN LAN25 GUAGE PROFICIENCY PAY.—(1) The Secretary shall in-
240

HR 2401 EH

1 clude in the test program an evaluation of adjustments

2 in foreign language proficiency pay for active and reserve

3 component personnel.

4 (2) Before any adjustment in foreign language pro5 ficiency pay is included in the test program as authorized

6 by paragraph (1), the Secretary shall submit to the com7 mittees named in subsection (d)(2) the following informa8 tion related to proficiency pay adjustments:

9 (A) The response of the Secretary to the find10 ings of the Inspector General in the report on the

11 Defense Foreign Language Program referred to in

12 subsection (a)(1), specifically including the following

13 matters raised in that report:

14 (i) Inadequate centralized oversight of

15 planning, policy, roles, responsibilities, and

16 funding for foreign language programs.

17 (ii) Inadequate management and validation

18 of the requirements process for foreign lan19 guage programs.

20 (iii) Inadequate uniform career manage21 ment of language-trained personnel, including

22 failure to take sufficient advantage of language

23 skills and to recoup investment of training dol24 lars.
241

HR 2401 EH

1 (iv) Inadequate training programs, both

2 resident and nonresident.

3 (B) The current manning of linguistic billets

4 (shown by service, by active or reserve component,

5 and by career field).

6 (C) The rates of retention in the service for lan7 guage-trained personnel (shown by service, by active

8 or reserve component, and by career field).

9 (D) The rates of retention by career field for

10 language-trained personnel (shown by service, by ac11 tive or reserve component, and by career field).

12 (E) The rates of language proficiency for per13 sonnel serving in linguistic billets (shown by service,

14 by active or reserve component, and by career field).

15 (F) Trends in performance ratings for person16 nel serving in linguistic billets (shown by service, by

17 active or reserve component, and by career field).

18 (G) Promotion rates for personnel serving in

19 linguistic billets (shown by service, by active or re20 serve component, and by career field).

21 (H) The estimated cost of foreign language pro22 ficiency pay as proposed to be paid at the adjusted

23 rates for the test program under paragraph (1)—

24 (i) for each year of the test program; and
242

HR 2401 EH

1 (ii) for five years, if those rates are subse2 quently applied to the entire Department of De3 fense.

4 (3) The rates for adjusted foreign language pro5 ficiency pay as proposed to be paid for the test program

6 under paragraph (1) may not take effect for the test pro7 gram unless the senior official responsible for personnel

8 matters in the Office of the Secretary of Defense deter9 mines that—

10 (A) the foreign language proficiency pay levels

11 established for the test program are consistent with

12 proficiency pay levels for other functions throughout

13 the Department of Defense; and

14 (B) the terms and conditions for receiving for15 eign language proficiency pay conform to current

16 policies and practices within the Department of De17 fense.

18 (d) REPORT ON PLAN FOR TEST PROGRAM.—(1) The

19 Secretary of Defense shall submit to the committees

20 named in paragraph (2) a report containing a plan for

21 the test program required in subsection (a), an expla22 nation of the plan, and a discussion of the matters stated

23 in subsection (c)(2). The report shall be submitted not

24 later than April 1, 1994.
243

HR 2401 EH

1 (2) The committees referred to in paragraph (1)

2 are—

3 (A) the Committee on Armed Services and the

4 Permanent Select Committee on Intelligence of the

5 House of Representatives; and

6 (B) the Committee on Armed Services and the

7 Select Committee on Intelligence of the Senate.

8 (e) PERIOD OF TEST PROGRAM.—(1) The test pro9 gram required by subsection (a) shall begin on October

10 1, 1994. However, if the report required by subsection (d)

11 is not submitted by the date specified in that subsection

12 for the submission of the report, the test program shall

13 begin at the end of a period of 180 days (as computed

14 under paragraph (2)) beginning on the date on which such

15 report is submitted.

16 (2) For purposes of paragraph (1), days on which ei17 ther House is not in session because of an adjournment

18 of more than 3 days to a day certain or because of an

19 adjournment sine die shall be excluded in the computation

20 of such 180-day period.

21 (3) The test program shall terminate two years after

22 it begins.
244

HR 2401 EH

1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1994.

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

6 adjustment required by section 1009 of title 37, United

7 States Code, in elements of compensation of members of

8 the uniformed services to become effective during fiscal

9 year 1994 shall not be made.

10 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Ef11 fective on January 1, 1994, the rates of basic pay, basic

12 allowance for subsistence, and basic allowance for quarters

13 of members of the uniformed services are increased by 2.2

14 percent.

15 (c) UNIFORMED SERVICES DEFINED.—For purposes

16 of this section, the term ‘‘uniformed services’’ does not in17 clude the National Oceanic and Atmospheric Administra18 tion.

19 SEC. 602. VARIABLE HOUSING ALLOWANCE FOR CERTAIN

20 MEMBERS WHO ARE REQUIRED TO PAY

21 CHILD SUPPORT AND WHO ARE ASSIGNED TO

22 SEA DUTY.

23 Section 403a(b)(2) of title 37, United States Code,

24 is amended—
245

HR 2401 EH

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

2 and

3 (2) in subparagraph (B), by inserting ‘‘or’’

4 after the semicolon; and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(C) the member is assigned to sea duty

8 and elects not to occupy assigned unaccom9 panied quarters, unless the member is in a pay

10 grade above E–6;’’.

11 SEC. 603. PAY FOR STUDENTS AT SERVICE ACADEMY PRE12 PARATORY SCHOOLS.

13 (a) RATES OF PAY.—Section 203 of title 37, United

14 States Code, is amended by adding at the end the follow15 ing new subsection:

16 ‘‘(e)(1) A student at the United States Military Acad17 emy Preparatory School, the United States Naval Acad18 emy Preparatory School, or the United States Air Force

19 Academy Preparatory School who was selected to attend

20 the preparatory school from civilian life is entitled to

21 monthly student pay at the same rate as provided for ca22 dets and midshipmen under subsection (c)(1).

23 ‘‘(2) A student at a preparatory school referred to

24 in paragraph (1) who, at the time of the student’s selec25 tion to attend the preparatory school, was an enlisted
246

HR 2401 EH

1 member of the uniformed services on active duty for a pe2 riod of more than 30 days shall continue to receive month3 ly basic pay at the rate prescribed for the student’s pay

4 grade as an enlisted member.

5 ‘‘(3) The monthly student pay of a student described

6 in paragraph (1) shall be treated for purposes of the ac7 crual charge for the Department of Defense Military Re8 tirement Fund established under section 1461 of title 10,

9 United States Code, in the same manner as monthly cadet

10 pay or midshipman pay under subsection (c)(1).’’.

11 (b) APPLICATION OF AMENDMENT.—The amendment

12 made by subsection (a) shall apply with respect to stu13 dents entering the United States Military Academy Pre14 paratory School, the United States Naval Academy Pre15 paratory School, or the United States Air Force Academy

16 Preparatory School on or after the date of the enactment

17 of this Act.

18 SEC. 604. ADVANCE PAYMENTS IN CONNECTION WITH THE

19 EVACUATION OF MEMBERS AND DEPEND20 ENTS OF MEMBERS FROM DESIGNATED

21 PLACES.

22 (a) TIME OF DESIGNATION.—Section 1006(c) of title

23 37, United States Code, is amended—

24 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
247

HR 2401 EH

1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(2) The actual designation of a place under this sub4 section as a place for which an advance of pay will be

5 made under this subsection in connection with the ordered

6 evacuation of members or dependents of members may be

7 made by the President before, during, or after the evacu8 ation.’’.

9 (b) APPLICATION OF AMENDMENT.—Section 1006(c)

10 of title 37, United States Code, as amended by subsection

11 (a), shall apply with respect to evacuations occurring on

12 or after the date of the enactment of this Act. Subject

13 to the availability of appropriations for the purpose of pro14 viding an advance of pay under such section, such section

15 shall also apply with respect to evacuations occurring dur16 ing the period beginning on June 1, 1991, and ending on

17 the date of the enactment of this Act.

18 Subtitle B—Bonuses and Special

19 and Incentive Pays

20 SEC. 611. PERMANENT AUTHORITY FOR CERTAIN BONUSES

21 AND SPECIAL PAY FOR NURSE OFFICER CAN22 DIDATES, REGISTERED NURSES AND NURSE

23 ANESTHETISTS.

24 (a) NURSE OFFICER CANDIDATE ACCESSION PRO25 GRAM.—Section 2130a(a)(1) of title 10 United States
248

HR 2401 EH

1 Code, is amended by striking out ‘‘, during the period be2 ginning on November 29, 1989, and ending on September

3 30, 1993,’’.

4 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

5 Section 302d(a) of title 37, United States Code, is amend6 ed by striking out ‘‘, during the period beginning on No7 vember 29, 1989, and ending on September 30, 1993,’’.

8 (c) SPECIAL PAY FOR NURSE ANESTHETISTS.—Sec9 tion 302e(a) of title 37, United States Code, is amended

10 by striking out ‘‘, during the period beginning on Novem11 ber 29, 1989, and ending on September 30, 1993,’’.

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

13 this section shall take effect as of October 1, 1993.

14 SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN SE15 LECTED RESERVE BONUSES.

16 (a) SELECTED RESERVE REENLISTMENT BONUS.—

17 Section 308b(f) of title 37, United States Code, is amend18 ed by striking out ‘‘September 30, 1993’’ and inserting

19 in lieu thereof ‘‘September 30, 1995’’.

20 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec21 tion 308c of title 37, United States Code, is amended—

22 (1) in subsection (b)—

23 (A) by striking out ‘‘$2,000’’ in the mate24 rial preceding paragraph (1) and inserting in

25 lieu thereof ‘‘$5,000’’; and
249

HR 2401 EH

1 (B) in paragraph (1), by striking out ‘‘one2 half of the bonus shall be paid’’ and inserting

3 in lieu thereof ‘‘an amount not to exceed one4 half of the bonus may be paid’’;

5 (2) in subsection (e), by striking out ‘‘Septem6 ber 30, 1993’’ and inserting in lieu thereof ‘‘Septem7 ber 30, 1995’’; and

8 (3) by adding at the end the following new sub9 section:

10 ‘‘(f) The total amount of expenditures under this sec11 tion may not exceed $37,024,000 during fiscal year

12 1994.’’.

13 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec14 tion 308e of title 37, United States Code, is amended—

15 (1) in subsection (c)—

16 (A) in paragraph (2), by striking out ‘‘fifth

17 anniversary’’ and inserting in lieu thereof

18 ‘‘sixth anniversary’’; and

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

20 paragraph:

21 ‘‘(3) In lieu of the procedures set out in paragraph

22 (2), the Secretary concerned may pay the bonus in month23 ly installments in such amounts as may be determined by

24 the Secretary. Monthly payments under this paragraph

25 shall begin after the first month of satisfactory service of
250

HR 2401 EH

1 the person and are payable only for those months in which

2 the person serves satisfactorily. Satisfactory service shall

3 be determined under regulations prescribed by the Sec4 retary of Defense.’’; and

5 (2) in subsection (e), by striking out ‘‘Septem6 ber 30, 1993’’ and inserting in lieu thereof ‘‘Septem7 ber 30, 1995’’.

8 (d) PRIOR SERVICE ENLISTMENT BONUS.—Section

9 308i(i) of title 37, United States Code, is amended by

10 striking out ‘‘September 30, 1993’’ and inserting in lieu

11 thereof ‘‘September 30, 1995’’.

12 SEC. 613. EXTENSIONS OF AUTHORITIES RELATING TO PAY13 MENT OF OTHER BONUSES AND SPECIAL

14 PAYS.

15 (a) AVIATION OFFICER RETENTION BONUS.—Sec16 tion 301b(a) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1993’’ and inserting in

18 lieu thereof ‘‘September 30, 1994’’.

19 (b) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

20 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI21 ORITY UNITS.—Section 308d(c) of title 37, United States

22 Code, is amended by striking out ‘‘September 30, 1993’’

23 and inserting in lieu thereof ‘‘September 30, 1995’’.

24 (c) REPAYMENT OF EDUCATION LOANS FOR CER25 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
251

HR 2401 EH

1 LECTED RESERVE.—Section 2172(d) of title 10, United

2 States Code, is amended by striking out ‘‘October 1,

3 1993’’, and inserting in lieu thereof ‘‘October 1, 1995’’.

4 (d) REENLISTMENT BONUS FOR ACTIVE MEM5 BERS.—Section 308(g) of title 37, United States Code, is

6 amended by striking out ‘‘September 30, 1993’’ and in7 serting in lieu thereof ‘‘September 30, 1995’’.

8 (e) ENLISTMENT BONUS FOR CRITICAL SKILLS.—

9 Section 308a(c) of title 37, United States Code, is amend10 ed by striking out ‘‘September 30, 1993’’ and inserting

11 in lieu thereof ‘‘September 30, 1995’’.

12 (f) READY RESERVE ENLISTMENT AND REENLIST13 MENT BONUS.—Section 308h(g) of title 37, United States

14 Code, is amended by striking out ‘‘September 30, 1993’’

15 and inserting in lieu thereof ‘‘September 30, 1995’’.

16 (g) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

17 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

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

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

20 striking out ‘‘September 30, 1993’’ and inserting in lieu

21 thereof ‘‘September 30, 1995’’.
252

HR 2401 EH

1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. AUTHORIZATION OF PAYMENT OR COLLECTION

4 DUE TO FLUCTUATIONS OF FOREIGN CUR5 RENCY INCURRED BY CERTAIN MILITARY

6 MEMBERS.

7 (a) PAYMENT OR COLLECTION AUTHORIZED.—Sub8 section (d) of section 405 of title 37, United States Code,

9 is amended to read as follows:

10 ‘‘(d)(1) In the case of a member of the uniformed

11 services authorized to receive a per diem allowance under

12 subsection (a), the Secretary concerned may make a lump13 sum payment for nonrecurring expenses incurred by the

14 member in occupying a private household outside of the

15 United States if the expenses are authorized or approved

16 under regulations prescribed by the Secretary concerned.

17 Such nonrecurring expenses may include losses experi18 enced by a member upon the return of refundable housing

19 related deposits or as a result of other transactions nec20 essary to secure housing where losses are incurred solely

21 as the result of fluctuation in the relative values of United

22 States and foreign currencies.

23 ‘‘(2) Any currency fluctuation gains made by the

24 member upon the return of a refundable housing-related

25 deposit shall be recouped by the Secretary concerned.
253

HR 2401 EH

1 ‘‘(3) Expenses for which payments are made under

2 this subsection may not be considered for purposes of de3 termining the per diem allowance of the member under

4 subsection (a).’’.

5 (b) APPLICATION OF AMENDMENT.—Section 405(d)

6 of title 37, United States Code, as amended by subsection

7 (a), shall apply with respect to nonrecurring expenses and

8 currency fluctuation gains described in such section that

9 are incurred by members of the uniformed services on or

10 after the later of—

11 (1) October 1, 1993; and

12 (2) the date of the enactment of this Act.

13 Subtitle D—Other Matters

14 SEC. 631. DEFINITION OF DEPENDENT FOR PURPOSES OF

15 ALLOWANCES TO INCLUDE CERTAIN UNMAR16 RIED PERSONS IN THE LEGAL CUSTODY OF A

17 MEMBER OR FORMER MEMBER.

18 (a) EXPANSION OF DEFINITION.—Section 401(a) of

19 title 37, United States Code, is amended by adding at the

20 end the following new paragraph:

21 ‘‘(4) An unmarried person who—

22 ‘‘(A) is placed in the legal custody of the

23 member as a result of an order of a court of

24 competent jurisdiction in the United States (or
254

HR 2401 EH

1 a Territory or possession of the United States)

2 for a period of at least 12 consecutive months;

3 ‘‘(B)(i) has not attained the age of 21;

4 ‘‘(ii) has not attained the age of 23 years

5 and is enrolled in a full time course of study at

6 an institution of higher learning approved by

7 the Secretary concerned; or

8 ‘‘(iii) is incapable of self support because

9 of a mental or physical incapacity that occurred

10 while the person was considered a dependent of

11 the member or former member under this para12 graph pursuant to clause (i) or (ii);

13 ‘‘(C) is dependent on the member for over

14 one-half of the person’s support, as prescribed

15 in regulations of the Secretary concerned;

16 ‘‘(D) resides with the member unless sepa17 rated by the necessity of military service or to

18 receive institutional care as a result of disabil19 ity, incapacitation, or such other circumstances

20 as the Secretary concerned may by regulation

21 prescribe; and

22 ‘‘(E) is not a dependent of a member

23 under any other paragraph.’’.

24 (b) APPLICATION OF AMENDMENT.—Section

25 401(a)(4) of title 37, United States Code, as added by
255

HR 2401 EH

1 subsection (a), shall apply with respect to determinations

2 of dependency made on or after July 1, 1994.

3 SEC. 632. CLARIFICATION OF ELIGIBILITY FOR TUITION AS4 SISTANCE.

5 Section 2007(c) of title 10, United States Code, is

6 amended by adding at the end the following new para7 graph:

8 ‘‘(4) The restrictions in paragraph (3) shall not apply

9 in the case of officers and warrant officers on active duty

10 or full-time National Guard duty who are eligible to re11 ceive assistance under subsection (a).’’.

12 TITLE VII—HEALTH CARE

13 PROVISIONS

14 Subtitle A—Health Care Services

15 SEC. 701. PRIMARY AND PREVENTIVE HEALTH-CARE SERV16 ICES FOR WOMEN.

17 (a) FEMALE MEMBERS AND RETIREES OF THE UNI18 FORMED SERVICES.—(1) Chapter 55 of title 10, United

19 States Code, is amended by inserting after section 1074c

20 the following new section:

21 ‘‘§ 1074d. Primary and preventive health-care serv22 ices for women

23 ‘‘Female members and former members of the uni24 formed services who are entitled to medical care under sec25 tion 1074 or 1074a of this title shall be furnished with
256

HR 2401 EH

1 primary and preventive health-care services for women as

2 part of such medical care.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by inserting after the item relating

5 to section 1074c the following new item:

‘‘1074d. Primary and preventive health-care services for women.’’.

6 (b) FEMALE DEPENDENTS.—Section 1077(a) of such

7 title is amended by adding at the end the following new

8 paragraph:

9 ‘‘(13) Primary and preventive health-care serv10 ices for women.’’.

11 (c) DEFINITION.—Section 1072 of such title is

12 amended by adding at the end the following new para13 graph:

14 ‘‘(6) The term ‘primary and preventive health15 care services for women’ means health-care services

16 provided to women, including counseling, relating to

17 the following:

18 ‘‘(A) Papanicolaou tests (pap smear).

19 ‘‘(B) Breast examinations and mammog20 raphy.

21 ‘‘(C) Comprehensive gynecological and ob22 stetric care.

23 ‘‘(D) Infertility and sexually transmitted

24 diseases, including prevention.

25 ‘‘(E) Menopause.
257

HR 2401 EH

1 ‘‘(F) Physical or psychological conditions

2 arising out of acts of sexual violence.’’.

3 SEC. 702. DEFINITION OF DEPENDENT FOR PURPOSES OF

4 MEDICAL AND DENTAL COVERAGE TO IN5 CLUDE CERTAIN UNMARRIED PERSONS IN

6 THE LEGAL CUSTODY OF A MEMBER OR

7 FORMER MEMBER.

8 (a) EXPANSION OF DEFINITION.—Section 1072(2) of

9 title 10, United States Code, is amended—

10 (1) in subparagraph (G), by striking out ‘‘;

11 and’’ and inserting in lieu thereof a semicolon;

12 (2) in subparagraph (H), by striking out the

13 period and inserting in lieu thereof ‘‘; and’’; and

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

16 ‘‘(I) an unmarried person who—

17 ‘‘(i) is placed in the legal custody of

18 the member or former member as a result

19 of an order of a court of competent juris20 diction in the United States (or a Territory

21 or possession of the United States) for a

22 period of at least 12 consecutive months;

23 ‘‘(ii)(I) has not attained the age of 21;

24 ‘‘(II) has not attained the age of 23

25 and is enrolled in a full time course of
258

HR 2401 EH

1 study at an institution of higher learning

2 approved by the administering Secretary;

3 or

4 ‘‘(III) is incapable of self support be5 cause of a mental or physical incapacity

6 that occurred while the person was consid7 ered a dependent of the member or former

8 member under this subparagraph pursuant

9 to subclause (I) or (II);

10 ‘‘(iii) is dependent on the member or

11 former member for over one-half of the

12 person’s support, as prescribed in regula13 tions of the administering Secretary;

14 ‘‘(iv) resides with the member or

15 former member unless separated by the ne16 cessity of military service or to receive in17 stitutional care as a result of disability, in18 capacitation, or such other circumstances

19 as the administering Secretary may by reg20 ulation prescribe; and

21 ‘‘(v) is not a dependent of a member

22 or a former member under any other sub23 paragraph.’’.

24 (b) APPLICATION OF AMENDMENT.—Section

25 1072(2)(I) of title 10, United States Code, as added by
259

HR 2401 EH

1 subsection (a), shall apply with respect to determinations

2 of dependency made on or after July 1, 1994.

3 Subtitle B—Health Care

4 Management

5 SEC. 711. EXTENSION AND REVISION OF SPECIALIZED

6 TREATMENT SERVICES PROGRAM.

7 (a) EXTENSION OF WAIVER AUTHORITY REGARDING

8 40-MILE RADIUS RESTRICTION.—Section 1079(a)(7)(B)

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

10 out ‘‘October 1, 1993’’ and inserting in lieu thereof, ‘‘Oc11 tober 1, 1995’’.

12 (b) INCLUSION OF FACILITIES PURSUANT TO CON13 TRACT OR AGREEMENT.—Section 1105 of such title is

14 amended—

15 (1) by inserting ‘‘(a) DETERMINATION.—’’ be16 fore ‘‘In determining’’;

17 (2) by striking out ‘‘within the area served by

18 that facility’’; and

19 (3) by adding at the end the following new sub20 sections:

21 ‘‘(b) REGULATIONS.—The Secretary of Defense,

22 after consulting with the other administering Secretaries,

23 shall prescribe regulations to implement this section. Such

24 regulations shall include standards for the designation of

25 service areas comparable in size to service areas des-
260

HR 2401 EH

1 ignated for facilities of the uniformed services pursuant

2 to sections 1079(a)(7), 1080, and 1086(e) of this title.

3 ‘‘(c) REIMBURSEMENT OF TRANSPORTATION AND

4 SUBSISTENCE EXPENSES.—(1) Subject to paragraph (2),

5 the regulations required by subsection (b) also may pro6 vide for the full or partial reimbursement of reasonable

7 expenses for—

8 ‘‘(A) the long-distance transportation for a cov9 ered beneficiary to or from a health care facility at

10 which specialized health care services are provided

11 pursuant to this chapter; and

12 ‘‘(B) the long-distance transportation, tem13 porary lodging, and meals (not to exceed the applica14 ble per diem rate) for a non-medical attendant (in15 cluding a member of the uniformed services on ac16 tive duty) who accompanies the covered beneficiary.

17 ‘‘(2) Reimbursement of expenses may be made under

18 paragraph (1) only if the Secretary of Defense determines

19 that such reimbursement will permit the health care serv20 ices to be provided at less total cost to the Department

21 of Defense than if the services were otherwise provided

22 pursuant to this chapter. In lieu of reimbursement for

23 such expenses, the Secretary may authorize the provision

24 of transportation, meals, and lodging by the Department

25 of Defense when reasonably available.’’.
261

HR 2401 EH

1 SEC. 712. CODIFICATION OF CHAMPUS PEER REVIEW ORGA2 NIZATION PROGRAM PROCEDURES.

3 Section 1079 of title 10, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(o)(1) Health care services provided pursuant to this

7 section or section 1086 of this title may not include serv8 ices determined under the CHAMPUS Peer Review Orga9 nization program to be not medically or psychologically

10 necessary.

11 ‘‘(2) The Secretary of Defense, after consulting with

12 the other administering Secretaries, may—

13 ‘‘(A) adopt by regulation any quality and utili14 zation review requirements and procedures in effect

15 for the Peer Review Organization program under

16 title XVIII of the Social Security Act (42 U.S.C.

17 1395c et seq.) that the Secretary determines to be

18 necessary to carry out this subsection; and

19 ‘‘(B) adapt such requirements and procedures

20 to the circumstances of the CHAMPUS Peer Review

21 Organization program as the Secretary determines

22 to be appropriate.’’.

23 SEC. 713. FEDERAL PREEMPTION REGARDING CONTRACTS

24 FOR MEDICAL AND DENTAL CARE.

25 (a) PREEMPTION.—Section 1103 of title 10, United

26 States Code, is amended to read as follows:
262

HR 2401 EH

1 ‘‘§ 1103. Contracts for medical and dental care: State

2 and local preemption

3 ‘‘(a) OCCURRENCE OF PREEMPTION.—A law or regu4 lation of a State or local government relating to health

5 insurance, prepaid health plans, or other health care deliv6 ery and financing methods shall not apply to any contract

7 entered into pursuant to this chapter by the Secretary of

8 Defense or the administering Secretaries to the extent

9 that the Secretary of Defense or the administering Sec10 retaries determine that—

11 ‘‘(1) the State or local law or regulation is in12 consistent with a specific provision of the contract or

13 a regulation promulgated by the Secretary of De14 fense or the administering Secretaries pursuant to

15 this chapter; or

16 ‘‘(2) preemption of the State or local law or

17 regulation is necessary to implement or operate the

18 contract or to achieve some other important Federal

19 interest.

20 ‘‘(b) EFFECT OF PREEMPTION.—In the case of the

21 preemption under subsection (a) of a State or local law

22 or regulation regarding financial solvency, the Secretary

23 of Defense or the administering Secretaries shall require

24 an independent audit of the prime contractor of each con25 tract entered into pursuant to this chapter covered by the
263

HR 2401 EH

1 preemption. The audit shall be performed by the Defense

2 Contract Audit Agency.

3 ‘‘(c) STATE DEFINED.—In this section, the term

4 ‘State’ includes the District of Columbia, the Common5 wealth of Puerto Rico, the Commonwealth of the Northern

6 Mariana Islands, and each territory and possession of the

7 United States.’’.

8 (b) APPLICATION OF AMENDMENT.—Section 1103 of

9 title 10, United States Code, as amended by subsection

10 (a), shall apply with respect to any contract entered into

11 under chapter 55 of such title before, on, or after the date

12 of the enactment of this Act.

13 SEC. 714. DELAY OF TERMINATION EFFECTIVE DATE FOR

14 UNIFORMED SERVICES TREATMENT FACILI15 TIES.

16 Subsection (e) of section 1252 of the Department of

17 Defense Authorization Act, 1984 (42 U.S.C. 248d) is

18 amended by striking out ‘‘1993’’ and inserting in lieu

19 thereof ‘‘1995’’.

20 SEC. 715. MANAGED-CARE DELIVERY AND REIMBURSE21 MENT MODEL FOR THE UNIFORMED SERV22 ICES TREATMENT FACILITIES.

23 (a) TIME FOR OPERATION OF MANAGED-CARE DE24 LIVERY AND REIMBURSEMENT MODEL.—Subsection (c)

25 of section 718 of the National Defense Authorization Act
264

HR 2401 EH

1 for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

2 1587) is amended by striking out the first sentence and

3 inserting in lieu thereof the following:

4 ‘‘(1) TIME FOR OPERATION.—Not later than

5 October 1, 1993, the Secretary of Defense shall

6 begin operation of a managed-care delivery and re7 imbursement model that will continue to utilize the

8 Uniformed Services Treatment Facilities in the mili9 tary health services system.’’.

10 (b) COPAYMENTS AND DEFINITION.—Such sub11 section is further amended by adding at the end the fol12 lowing new paragraphs:

13 ‘‘(2) COPAYMENTS.—A Uniformed Services

14 Treatment Facility for which there exists a Uni15 formed Services Treatment Facilities Managed-Care

16 Plan may impose nominal charges for inpatient and

17 outpatient care provided to all categories of bene18 ficiaries enrolled in the plan. The schedule and ap19 plication of such charges shall be in accordance with

20 the terms and conditions specified in the plan.

21 ‘‘(3) DEFINITION.—For purposes of this sub22 section, the term ‘Uniformed Services Treatment

23 Facility’ means a facility described in section 911(a)

24 of the Military Construction Authorization Act, 1982

25 (42 U.S.C. 248c(a)).’’.
265

HR 2401 EH

1 SEC. 716. CLARIFICATION OF CONDITIONS ON EXPANSION

2 OF CHAMPUS REFORM INITIATIVE TO OTHER

3 LOCATIONS.

4 (a) IN GENERAL.—Subsection (a) of section 712 of

5 the National Defense Authorization Act for Fiscal Year

6 1993 (10 U.S.C. 1073 note) is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘CONDITION.—’’;

8 (2) in the second sentence, by inserting after

9 ‘‘cost-effectiveness of the initiative’’ the following:

10 ‘‘(while assuring that the combined cost of care in

11 military treatment facilities and under the Civilian

12 Health and Medical Program of the Uniformed

13 Services will not be increased as a result of the ex14 pansion)’’; and

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

16 paragraph:

17 ‘‘(2) To the extent any revision of the CHAMPUS

18 reform initiative is necessary in order to make the certifi19 cation required by this subsection, the Secretary shall as20 sure that enrolled covered beneficiaries may obtain health

21 care services with reduced out-of-pocket costs, as com22 pared to standard CHAMPUS.’’.

23 (b) DEFINITION.—Subsection (d) of such section is

24 amended by adding at the end the following new para25 graph:
266

HR 2401 EH

1 ‘‘(3) The terms ‘Civilian Health and Medical

2 Program of the Uniformed Services’ and

3 ‘CHAMPUS’ have the meaning given the term

4 ‘Civilian Health and Medical Program of the Uni5 formed Services’ in section 1072(4) of title 10,

6 United States Code.’’

7 SEC. 717. INCREASED FLEXIBILITY FOR PERSONAL SERV8 ICE CONTRACTS IN MILITARY MEDICAL

9 TREATMENT FACILITIES.

10 (a) PERSONAL SERVICES CONTRACTS AUTHOR11 IZED.—(1) Section 1091 of title 10, United States Code,

12 is amended to read as follows:

13 ‘‘§ 1091. Personal services contracts

14 ‘‘(a) AUTHORITY.—The Secretary of Defense may

15 enter into personal services contracts to carry out health

16 care responsibilities in medical treatment facilities of the

17 Department of Defense, as determined to be necessary by

18 the Secretary. The authority provided in this subsection

19 is in addition to any other contract authorities of the Sec20 retary, including authorities relating to the management

21 of such facilities and the administration of this chapter.

22 ‘‘(b) LIMITATION ON AMOUNT OF COMPENSATION.—

23 In no case may the total amount of compensation paid

24 to an individual in any year under a personal services con25 tract entered into under subsection (a) exceed the amount
267

HR 2401 EH

1 of annual compensation (excluding expenses) specified in

2 section 102 of title 3.

3 ‘‘(c) PROCEDURES.—(1) The Secretary shall estab4 lish by regulation procedures for entering into personal

5 services contracts with individuals under subsection (a).

6 At a minimum, such procedures shall assure—

7 ‘‘(A) the provision of adequate notice of con8 tract opportunities to individuals residing in the area

9 of the medical treatment facility involved; and

10 ‘‘(B) consideration of interested individuals

11 solely on the basis of the qualifications established

12 for the contract and the proposed contract price.

13 ‘‘(2) Upon the establishment of such procedures

14 under paragraph (1), the Secretary may exempt contracts

15 covered by this section from the competitive contracting

16 requirements specified in section 2304 of this title or any

17 other similar requirements of law.

18 ‘‘(d) EXCEPTIONS.—The procedures and exemptions

19 provided under subsection (c) shall not apply to personal

20 services contracts entered into under subsection (a) with

21 entities other than individuals or to any contract that is

22 not an authorized personal services contract under such

23 subsection.’’.
268

HR 2401 EH

1 (2) The item relating to section 1091 in the table of

2 sections at the beginning of chapter 55 of title 10, United

3 States Code, is amended to read as follows:

‘‘1091. Personal services contracts.’’.

4 (b) REPORT REQUIRED.—Not later than 30 days

5 after the end of the 180-day period beginning on the date

6 on which the Secretary of Defense first uses the authority

7 provided under section 1091 of title 10, United States

8 Code (as amended by subsection (a)(1)), the Secretary

9 shall submit to Congress a report specifying—

10 (1) the salaries, by medical specialty, offered by

11 the Secretary to individuals agreeing to enter into a

12 personal services contract under such section during

13 that period;

14 (2) the extent to which those salaries exceed the

15 salaries previously offered by the Secretary for indi16 viduals in such medical specialties;

17 (3) the total number and medical specialties of

18 individuals serving in military medical treatment fa19 cilities during that period pursuant to such a con20 tract; and

21 (4) the number of such individuals (and their

22 medical specialties) who are receiving compensation

23 under such a contract in an amount in excess of the

24 maximum amount authorized under such section, as
269

HR 2401 EH

1 such section was in effect on the day before the date

2 of the enactment of this Act.

3 SEC. 718. EXPANSION OF THE PROGRAM FOR THE COLLEC4 TION OF HEALTH CARE COSTS FROM THIRD5 PARTY PAYERS.

6 (a) COLLECTION CHANGES.—Section 1095 of title

7 10, United States Code, is amended—

8 (1) in subsection (g)—

9 (A) by inserting after ‘‘collected under this

10 section from a third party payer’’ the following:

11 ‘‘or under any other provision of law from any

12 other payer’’; and

13 (B) by inserting before the period the fol14 lowing: ‘‘and shall not be taken into consider15 ation in establishing the operating budget of the

16 facility’’; and

17 (2) in subsection (h)(2), by inserting after ‘‘in18 cludes’’ the following: ‘‘a preferred provider organi19 zation and’’.

20 (b) REPORT ON COLLECTIONS.—Not later than Feb21 ruary 15 of each year, the Secretary of Defense shall sub22 mit to Congress a report specifying for each medical treat23 ment facility of the uniformed services—

24 (1) the amount collected during the preceding

25 fiscal year under section 1095 of title 10, United
270

HR 2401 EH

1 States Code, from third-party payers for the costs of

2 health care provided at the facility; and

3 (2) the amount requested for operation and

4 maintenance of the facility for the preceding fiscal

5 year, the fiscal year in which the report is submit6 ted, and the next fiscal year.

7 SEC. 719. ALTERNATIVE RESOURCE ALLOCATION METHOD

8 FOR MEDICAL FACILITIES OF THE UNI9 FORMED SERVICES.

10 (a) INCLUSION OF CAPITATION METHOD.—Section

11 1101 of title 10, United States Code is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘DRGS’’ in the subsection

14 heading and inserting in lieu thereof ‘‘CAPITA15 TION OR DRG METHOD’’;

16 (B) by inserting ‘‘capitation or’’ before

17 ‘‘diagnosis-related groups’’;

18 (2) in subsection (b), by striking ‘‘Diagnosis-re19 lated groups’’ and inserting in lieu thereof ‘‘Capita20 tion or diagnosis-related groups’’; and

21 (3) in subsection (c)—

22 (A) by striking ‘‘shall’’ both places it ap23 pears and inserting in lieu thereof ‘‘may’’; and

24 (B) by adding at the end the following new

25 paragraph:
271

HR 2401 EH

1 ‘‘(4) An appropriate method for calculating or

2 estimating the annual per capita costs of providing

3 comprehensive health care services to members of

4 the uniformed services on active duty and covered

5 beneficiaries.’’.

6 (b) CLERICAL AMENDMENTS.—(1) The heading of

7 such section is amended to read as follows:

8 ‘‘§ 1101. Resource allocation methods: capitation or

9 diagnosis-related groups’’.

10 (2) The item relating to such section in the table of

11 sections at the beginning of chapter 55 of such title is

12 amended to read as follows:

‘‘1101. Resource allocation methods: capitation or diagnosis-related groups.’’.

13 SEC. 720. USE OF HEALTH MAINTENANCE ORGANIZATION

14 MODEL AS OPTION FOR MILITARY HEALTH

15 CARE.

16 (a) USE OF MODEL.—Not later than December 15,

17 1993, the Secretary of Defense shall prescribe and imple18 ment a health benefit option (and accompanying cost-shar19 ing requirements) for covered beneficiaries eligible for

20 health care under chapter 55 of title 10, United States

21 Code, that is modelled on health maintenance organization

22 plans offered in the private sector and other similar Gov23 ernment health insurance programs. The Secretary shall

24 include, to the maximum extent practicable, the health

25 benefit option required under this subsection as one of the
272

HR 2401 EH

1 options available to covered beneficiaries in all future man2 aged health care initiatives undertaken by the Secretary.

3 (b) ELEMENTS OF OPTION.—The Secretary shall

4 offer covered beneficiaries who enroll in the health benefit

5 option required under subsection (a) reduced out-of-pocket

6 costs and a benefit structure that is as uniform as possible

7 throughout the United States. The Secretary shall allow

8 enrollees to seek health care outside the option, except

9 that the Secretary may prescribe higher out-of-pocket

10 costs than authorized under section 1079 or 1086 of title

11 10, United States Code, for enrollees who do so.

12 (c) GOVERNMENT COSTS.—The health benefit option

13 required under subsection (a) shall be administered so

14 that the costs incurred by the Secretary to provide the

15 option are no greater than the costs that would otherwise

16 be incurred to provide health care to the covered bene17 ficiaries who enroll in the option.

18 SEC. 721. AUTHORIZATION FOR AUTOMATED MEDICAL

19 RECORD CAPABILITY TO BE INCLUDED IN

20 MEDICAL INFORMATION SYSTEM.

21 (a) AUTOMATED MEDICAL RECORD CAPABILITY.—In

22 carrying out the acquisition of the Department of Defense

23 medical information system referred to in section 704 of

24 the National Defense Authorization Act for Fiscal Year

25 1987 (Public Law 99–661; 100 Stat. 704), the Secretary
273

HR 2401 EH

1 of Defense may permit an automated medical record capa2 bility to be included in the system. The Secretary may

3 make such modifications to existing contracts, and include

4 such specifications in future contracts, as the Secretary

5 considers necessary to include such a capability in the sys6 tem.

7 (b) PLAN.—The Secretary of Defense shall develop

8 a plan to test the use of automated medical records at

9 one or more military medical treatment facilities. Not later

10 than January 15, 1994, the Secretary shall submit the

11 plan to the Committees on Armed Services of the Senate

12 and House of Representatives.

13 (c) DEFINITIONS.—In this section:

14 (1) The term ‘‘medical information system’’

15 means a computer-based information system that—

16 (A) receives data normally recorded con17 cerning patients;

18 (B) creates and maintains from such data

19 a computerized medical record for each patient;

20 and

21 (C) provides access to data for patient

22 care, hospital administration, research, and

23 medical care resource planning.

24 (2) The term ‘‘automated medical record’’

25 means a computer-based information system that—
274

HR 2401 EH

1 (A) is available at the time and place of

2 interaction between a patient and a health care

3 provider;

4 (B) receives, stores, and provides access to

5 relevant patient and other medical information

6 in a single, logical patient record that is appro7 priately organized for clinical decisionmaking;

8 and

9 (C) maintains patient confidentiality in

10 conformance with all applicable laws and regu11 lations.

12 Subtitle C—Other Matters

13 SEC. 731. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR

14 ADVANCED HEALTH PROFESSIONAL DE15 GREES.

16 (a) CREDIT ON ORIGINAL APPOINTMENT.—Section

17 533(b)(1) of title 10, United States Code, is amended—

18 (1) in subparagraph (A)—

19 (A) by inserting ‘‘professional’’ in the first

20 sentence after ‘‘One year for each year of ad21 vanced’’;

22 (B) by striking out ‘‘Except as provided in

23 clause (E), in’’ at the beginning of the second

24 sentence and inserting in lieu thereof ‘‘In’’; and
275

HR 2401 EH

1 (C) by striking out ‘‘postsecondary edu2 cation in excess of four that are’’ in the second

3 sentence and inserting in lieu thereof ‘‘advanced

4 education’’;

5 (2) by striking out subparagraph (E); and

6 (3) by redesignating subparagraph (F) as sub7 paragraph ‘‘(E)’’.

8 (b) CREDIT AS RESERVE OF THE ARMY.—Section

9 3353(b)(1) of such title is amended—

10 (1) in subparagraph (A)—

11 (A) by inserting ‘‘professional’’ in the first

12 sentence after ‘‘One year for each year of ad13 vanced’’;

14 (B) by striking out ‘‘Except as provided in

15 clause (E), in ’’ at the beginning of the second

16 sentence and inserting in lieu thereof ‘‘In’’; and

17 (C) by striking out ‘‘postsecondary edu18 cation in excess of four that are’’ in the second

19 sentence and inserting in lieu thereof ‘‘advanced

20 education’’;

21 (2) by striking out subparagraph (E); and

22 (3) by redesignating subparagraph (F) as sub23 paragraph ‘‘(E)’’.
276

HR 2401 EH

1 (c) CREDIT IN THE NAVAL RESERVE AND MARINE

2 CORPS RESERVE.—Section 5600(b)(1) of such title is

3 amended—

4 (1) in subparagraph (A)—

5 (A) by inserting ‘‘professional’’ in the first

6 sentence after ‘‘One year for each year of ad7 vanced’’;

8 (B) by striking out ‘‘Except as provided in

9 clause (E), in’’ at the beginning of the second

10 sentence and inserting in lieu thereof ‘‘In’’; and

11 (C) by striking out ‘‘postsecondary edu12 cation in excess of four that are’’ in the second

13 sentence and inserting in lieu thereof ‘‘advanced

14 education’’;

15 (2) by striking out subparagraph (E); and

16 (3) by redesignating subparagraph (F) as sub17 paragraph ‘‘(E)’’.

18 (d) CREDIT AS RESERVE OF THE AIR FORCE.—Sec19 tion 8353(b)(1) of such title 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’’;
277

HR 2401 EH

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 amend12 ments made by this section shall apply with respect to de13 termining the constructive service credit of persons receiv14 ing an original appointment as commissioned officers in

15 regular components of the Armed Forces, an original ap16 pointment as reserve commissioned officers, or an assign17 ment or designation to certain officer categories described

18 in such sections whether such appointment, assignment,

19 or designation occurred before the date of the enactment

20 of this Act or occurs on or after such date.
278

HR 2401 EH

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 GRAD6 UATE STUDENTS.—Section 2114 of title 10, United States

7 Code, is amended—

8 (1) in subsection (a), by striking out ‘‘Stu9 dents’’ in the first sentence and inserting in lieu

10 thereof ‘‘Medical students’’;

11 (2) in subsection (b), by striking out ‘‘Stu12 dents’’ in the first and fourth sentences and insert13 ing in lieu thereof in each instance ‘‘Medical stu14 dents’’;

15 (3) in subsection (d), by striking out ‘‘member’’

16 in the first sentence and inserting in lieu thereof

17 ‘‘commissioned member’’; and

18 (4) by adding at the end the following new sub19 section:

20 ‘‘(g) The Secretary of Defense shall establish selec21 tion procedures, service obligations (if any), and such

22 other requirements as the Secretary determines to be ap23 propriate for students in any postdoctoral, postgraduate,

24 or technological institute established pursuant to section

25 2113(h) of this title.’’.
279

HR 2401 EH

1 (b) APPLICATION OF AMENDMENTS.—The amend2 ments made by subsection (a) shall apply with respect to

3 students attending the Uniformed Services University of

4 the Health Sciences on or after the date of the enactment

5 of this Act.

6 SEC. 733. AUTHORITY FOR THE ARMED FORCES INSTITUTE

7 OF PATHOLOGY TO OBTAIN ADDITIONAL DIS8 TINGUISHED PATHOLOGISTS AND SCI9 ENTISTS.

10 Section 176(c) of title 10, United States Code, is

11 amended by adding at the end the following new sentence:

12 ‘‘The Secretary of Defense, on a case-by-case basis, may

13 waive the limitation on the number of distinguished pa14 thologists or scientists with whom agreements may be en15 tered into under this subsection if the Secretary deter16 mines that such waiver is in the best interest of the De17 partment of Defense.’’.

18 SEC. 734. REPORT ON THE PROVISION OF HEALTH-CARE

19 SERVICES TO WOMEN.

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

21 shall prepare a report evaluating the provision of health22 care services through military medical treatment facilities

23 and the Civilian Health and Medical Program of the Uni24 formed Services to female members of the uniformed serv-
280

HR 2401 EH

1 ices and female covered beneficiaries eligible for health

2 care under chapter 55 of title 10, United States Code.

3 (b) CONTENTS.—The report required by subsection

4 (a) shall contain the following:

5 (1) A description of the medical personnel of

6 the Department of Defense who provided health-care

7 services during fiscal year 1993 to female members

8 and covered beneficiaries, including—

9 (A) the number of such personnel (includ10 ing both the number of individual employees

11 and the number of full-time employee equiva12 lents);

13 (B) the professional qualifications or spe14 cialty training of such personnel; and

15 (C) the medical facilities to which such

16 personnel were assigned.

17 (2) A description of any actions, including the

18 use of special pays and incentives, taken by the Sec19 retary during fiscal year 1993—

20 (A) to ensure the retention of the medical

21 personnel described in paragraph (1);

22 (B) to recruit additional personnel to pro23 vide health-care services to female members and

24 female covered beneficiaries; and
281

HR 2401 EH

1 (C) to replace departing personnel who

2 provided such services.

3 (3) A description of any existing or proposed

4 programs to encourage specialization of health care

5 professionals in fields related to primary and preven6 tive health-care services for women.

7 (4) An assessment of any difficulties experi8 enced by military medical treatment facilities or the

9 Civilian Health and Medical Program of the Uni10 formed Services in furnishing primary and preven11 tive health-care services for women and a description

12 of those actions taken by the Secretary to resolve

13 such difficulties.

14 (5) An assessment of the extent to which gen15 der-related factors impede or complicate diagnoses

16 (such as inappropriate psychiatric referrals and ad17 missions) made by medical personnel described in

18 paragraph (1).

19 (6) A description of the actions taken by the

20 Secretary to foster and encourage the expansion of

21 research relating to health care issues of concern to

22 female members of the uniformed services and fe23 male covered beneficiaries.

24 (c) POPULATION STUDY OF THE NEED OF FEMALE

25 MEMBERS AND FEMALE COVERED BENEFICIARIES FOR
282

HR 2401 EH

1 HEALTH-CARE SERVICES.—(1) As part of the report re2 quired by subsection (a), the Secretary shall conduct a

3 study to determine the needs of female members of the

4 uniformed services and female covered beneficiaries for

5 health-care services, including primary and preventive

6 health-care services for women.

7 (2) The study shall examine the health needs of cur8 rent members and covered beneficiaries and future mem9 bers and covered beneficiaries based upon the anticipated

10 size and composition of the Armed Forces in the year

11 2000 and should be based on the demographics of society

12 as a whole.

13 (d) SUBMISSION AND REVISION.—The Secretary of

14 Defense shall submit the report required by subsection (a)

15 to Congress not later than April 1, 1994. The Secretary

16 shall revise and resubmit the report to Congress not later

17 than April 1, 1999.

18 (e) DEFINITIONS.—For purposes of this section:

19 (1) The term ‘‘primary and preventive health

20 care services for women’’ has the meaning given

21 such term in paragraph (6) of section 1072 of title

22 10, United States Code, as added by section 701(c)).

23 (2) The term ‘‘covered beneficiary’’ has the

24 meaning given such term in paragraph (5) of such

25 section.
283

HR 2401 EH

1 SEC. 735. SENSE OF CONGRESS REGARDING THE INCLU2 SION OF CHIROPRACTIC CARE AS A TYPE OF

3 HEALTH CARE AUTHORIZED UNDER

4 CHAMPUS.

5 (a) FINDINGS.—Congress finds the following:

6 (1) Chiropractors are currently prohibited from

7 receiving reimbursement under the Civilian Health

8 and Medical Program of the Uniformed Services

9 (CHAMPUS).

10 (2) Chiropractors offer cost-effective care that

11 is desired by covered beneficiaries under

12 CHAMPUS.

13 (3) On March 1, 1992, the Department of De14 fense concluded a two-year demonstration project to

15 test the participation of chiropractors under

16 CHAMPUS.

17 (4) The demonstration project included over

18 1,100 chiropractors in the States of Colorado and

19 Washington and generated over 50,000 claims from

20 5,700 covered beneficiaries.

21 (5) A final report from the Department of De22 fense on the demonstration project was expected in

23 December 1992, but analysis of data derived from

24 the project was delayed due to the late filing of

25 claims.
284

HR 2401 EH

1 (b) SENSE OF CONGRESS.—In light of the findings

2 in subsection (a), it is the sense of Congress that the Sec3 retary of Defense should—

4 (1) designate the analysis referred to in sub5 section (a)(5) of the demonstration project to test

6 the participation of chiropractors under CHAMPUS

7 as a priority matter to be completed as expeditiously

8 as possible, and not later than October 1, 1993;

9 (2) submit that analysis, together with such

10 conclusions as the Secretary considers to be appro11 priate, to the congressional defense committees at

12 the earliest possible date, and not later than October

13 1, 1993;

14 (3) provide Congress (including the General Ac15 counting Office or other designated representative of

16 Congress) access to all data resulting from the dem17 onstration project; and

18 (4) proceed immediately with any preliminary

19 staff work (such as development of procedures and

20 regulations) that may be required to comply with the

21 findings and recommendations resulting from the

22 analysis of the demonstration project.
285

HR 2401 EH

1 SEC. 736. REPORT REGARDING DEMONSTRATION PRO2 GRAMS FOR THE SALE OF PHARMA3 CEUTICALS.

4 Section 702 of the National Defense Authorization

5 Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.

6 1079 note) is amended—

7 (1) by redesignating subsection (f) as sub8 section (g); and

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

11 ‘‘(f) ADDITIONAL REPORTS REGARDING PRO12 GRAMS.—Not later than January 1, 1994, the Secretary

13 of Defense shall submit to Congress a report containing—

14 ‘‘(1) an evaluation of the feasibility and advis15 ability of increasing the size of those areas deter16 mined by the Secretary under subsection (c)(2) to be

17 adversely affected by the closure of a health care fa18 cility of the uniformed services in order to increase

19 the number of persons described in such subsection

20 who will be eligible to participate in the demonstra21 tion project for pharmaceuticals by mail or in the re22 tail pharmacy network under this section;

23 ‘‘(2) an evaluation of the feasibility and advis24 ability of expanding the demonstration project and

25 the retail pharmacy network under this section to in26 clude all covered beneficiaries under chapter 55 of
286

HR 2401 EH

1 title 10, United States Code, including those persons

2 currently excluded from participation in the military

3 medical system by operation of section 1086(d)(1) of

4 such title;

5 ‘‘(3) an estimation of the costs that would be

6 incurred, and any savings that would be achieved by

7 improving efficiencies of operation, as a result of un8 dertaking the increase or expansion described in

9 paragraph (1) or (2); and

10 ‘‘(4) such recommendations as the Secretary

11 considers to be appropriate.’’.

12 TITLE VIII—ACQUISITION POL13 ICY, ACQUISITION MANAGE14 MENT, AND RELATED MAT15 TERS

16 Subtitle A—Acquisition Assistance

17 Programs

18 SEC. 801. DEFENSE PROCUREMENT TECHNICAL ASSIST19 ANCE PROGRAM.

20 (a) AVAILABILITY OF AUTHORIZED APPROPRIA21 TIONS.—Of the amounts authorized to be appropriated in

22 section 301(5) for Defense-wide activities for fiscal year

23 1994, $12,000,000 shall be available for such fiscal year

24 for carrying out the provisions of chapter 142 of title 10,

25 United States Code.
287

HR 2401 EH

1 (b) SPECIFIC PROGRAMS.—Of the amounts referred

2 to in subsection (a), $600,000 shall be available for fiscal

3 year 1994 for the purpose of carrying out programs spon4 sored by eligible entities referred to in subparagraph (D)

5 of section 2411(1) of title 10, United States Code, that

6 provide procurement technical assistance in distressed

7 areas referred to in subparagraph (B) of section 2411(2)

8 of such title. If there is an insufficient number of satisfac9 tory proposals for cooperative agreements in such dis10 tressed areas to allow for effective use of the funds made

11 available in accordance with this subsection in such areas,

12 the funds shall be allocated among the Defense Contract

13 Administration Services regions in accordance with section

14 2415 of such title.

15 SEC. 802. HISTORICALLY BLACK COLLEGES AND UNIVER16 SITIES.

17 (a) FUNDING.—Of the amounts authorized to be ap18 propriated for fiscal year 1994 pursuant to title II of this

19 Act, $15,000,000 shall be available for such fiscal year

20 for infrastructure assistance to historically Black colleges

21 and universities and minority institutions under section

22 2323(c)(3) of title 10, United States Code.

23 (b) INFORMATION ON PROGRESS IN PROVIDING IN24 FRASTRUCTURE ASSISTANCE REQUIRED IN ANNUAL RE25 PORT.—Effective October 1, 1993, section 2323(i)(3) of
288

HR 2401 EH

1 title 10, United States Code, is amended by adding at the

2 end the following:

3 ‘‘(D) A detailed description of the infrastruc4 ture assistance provided under subsection (c) during

5 the preceding fiscal year and of the plans for provid6 ing such assistance during the fiscal year in which

7 the report is submitted.’’.

8 Subtitle B—Provisions to Stream9 line Defense Acquisition Laws

10 SEC. 811. REPEAL AND AMENDMENT OF OBSOLETE, REDUN11 DANT, OR OTHERWISE UNNECESSARY LAWS

12 APPLICABLE TO DEPARTMENT OF DEFENSE

13 GENERALLY.

14 (a) REPEALS.—The following provisions of law are

15 repealed:

16 (1) Chapter 135 of title 10, United States Code

17 (relating to encouragement of aviation).

18 (2) Section 2317 of title 10, United States

19 Code (relating to encouragement of competition and

20 cost savings).

21 (3) Section 2362 of title 10, United States

22 Code (relating to testing requirements for wheeled or

23 tracked vehicles).

24 (4) Section 2389 of title 10, United States

25 Code (relating to purchases from the Commodity
289

HR 2401 EH

1 Credit Corporation and price adjustments for con2 tracts for procurement of milk).

3 (5) Sections 2436 and 2437 of title 10, United

4 States Code (relating to defense enterprise pro5 grams).

6 (6) Section 821 of Public Law 101–189 (103

7 Stat. 1503) (relating to certificate of independent

8 price determination in certain Department of De9 fense contract solicitations).

10 (b) DELETION OF EXPIRING REPORT REQUIRE11 MENT.—Effective February 1, 1994, section 2361 of title

12 10, United States Code, is amended by striking out sub13 section (c).

14 SEC. 812. EXTENSION TO DEPARTMENT OF DEFENSE GEN15 ERALLY OF CERTAIN ACQUISITION LAWS AP16 PLICABLE TO THE ARMY AND AIR FORCE.

17 (a) INDUSTRIAL MOBILIZATION.— (1) Subchapter V

18 of chapter 148 of title 10, United States Code, is amended

19 by adding at the end the following new sections:

20 ‘‘§ 2538. Industrial mobilization: orders; priorities;

21 possession of manufacturing plants; vio22 lations

23 ‘‘(a) ORDERS.—In time of war or when war is immi24 nent, the President, through the head of any department,

25 may order from any person or organized manufacturing
290

HR 2401 EH

1 industry necessary products or materials of the type usu2 ally produced or capable of being produced by that person

3 or industry.

4 ‘‘(b) PRIORITIES.—A person or industry with whom

5 an order is placed under subsection (a), or the responsible

6 head thereof, shall comply with that order and give it prec7 edence over all orders not placed under that subsection.

8 ‘‘(c) POSSESSION OF MANUFACTURING PLANTS.—In

9 time of war or when war is imminent, the President,

10 through the head of any department, may take immediate

11 possession of any plant that is equipped to manufacture,

12 or that in the opinion of the Secretary of Defense is capa13 ble of being readily transformed into a plant for manufac14 turing, arms or ammunition, parts thereof, or necessary

15 supplies for the armed forces if the person or industry

16 owning or operating the plant, or the responsible head

17 thereof, refuses—

18 ‘‘(1) to give precedence to the order as pre19 scribed in subsection (b);

20 ‘‘(2) to manufacture the kind, quantity, or qual21 ity of arms or ammunition, parts thereof, or nec22 essary supplies, as ordered by the Secretary; or

23 ‘‘(3) to furnish them at a reasonable price as

24 determined by the Secretary.
291

HR 2401 EH

1 ‘‘(d) MANUFACTURE OF PRODUCTS IN SEIZED

2 PLANTS.—The President, through the Secretary of De3 fense, may manufacture products that are needed in time

4 of war or when war is imminent, in any plant that is seized

5 under subsection (c).

6 ‘‘(e) COMPENSATION AND RENTAL.—Each person or

7 industry from whom products or materials are ordered

8 under subsection (a) is entitled to fair and just compensa9 tion. Each person or industry whose plant is seized under

10 subsection (c) is entitled to a fair and just rental.

11 ‘‘(f) VIOLATIONS.—Whoever fails to comply with this

12 section shall be imprisoned for not more than three years

13 and fined under title 18.

14 ‘‘§ 2539. Industrial mobilization: plants; lists

15 ‘‘(a) LIST OF PLANTS EQUIPPED TO MANUFACTURE

16 ARMS OR AMMUNITION.—The Secretary of Defense shall

17 maintain a list of all privately owned plants in the United

18 States, and the territories, commonwealths, and posses19 sions, that are equipped to manufacture for the armed

20 forces arms or ammunition, or parts thereof, and shall ob21 tain complete information of the kinds of those products

22 manufactured or capable of being manufactured by each

23 of those plants, and of the equipment and capacity of each

24 of those plants.
292

HR 2401 EH

1 ‘‘(b) LIST OF PLANTS CAPABLE OF BEING TRANS2 FORMED INTO AMMUNITION FACTORIES.—The Secretary

3 of Defense shall maintain a list of privately owned plants

4 in the United States, and the territories, commonwealths,

5 and possessions, that are capable of being readily trans6 formed into factories for the manufacture of ammunition

7 for the armed forces and that have a capacity sufficient

8 to warrant conversion into ammunition plants in time of

9 war or when war is imminent, and shall obtain complete

10 information as to the equipment of each of those plants.

11 ‘‘(c) CONVERSION PLANS.—The Secretary of Defense

12 shall prepare comprehensive plans for converting each

13 plant listed pursuant to subsection (b) into a factory for

14 the manufacture of ammunition or parts thereof.

15 ‘‘§ 2540. Industrial mobilization: Board on Mobiliza16 tion of Industries Essential for Military

17 Preparedness

18 ‘‘The President may appoint a nonpartisan Board on

19 Mobilization of Industries Essential for Military Prepared20 ness, and may provide necessary clerical assistance, to or21 ganize and coordinate operations under sections 2538 and

22 2539 of this title.’’.

23 (2) Sections 4501, 4502, 9501, and 9502 of title 10,

24 United States Code, are repealed.
293

HR 2401 EH

1 (b) AVAILABILITY OF SAMPLES, DRAWINGS, INFOR2 MATION, EQUIPMENT, MATERIALS, AND CERTAIN SERV3 ICES.—(1) Chapter 148 of title 10, United States Code,

4 is further amended by adding at the end the following:

5 ‘‘§ 2541. Availability of samples, drawings, informa6 tion, equipment, materials, and certain

7 services.

8 ‘‘(a) AUTHORITY.—The Secretary of Defense and the

9 secretaries of the military departments, under regulations

10 to be prescribed by the Secretary of Defense and when

11 determined to be in the interest of national defense,

12 may—

13 ‘‘(1) sell, lend, or give samples, drawings, and

14 manufacturing or other information (subject to the

15 rights of third parties) to any United States person

16 or entity;

17 ‘‘(2) sell or lend government equipment or ma18 terials to any United States person or entity—

19 ‘‘(A) for use in independent research and

20 development programs, if the equipment or ma21 terial will be used exclusively for such research

22 and development; or

23 ‘‘(B) for use in demonstrations to a friend24 ly foreign government; and
294

HR 2401 EH

1 ‘‘(3) make available to any United States per2 son or entity, for appropriate fees, the services of

3 any government laboratory, center, range, or other

4 testing facility for the testing of materials, equip5 ment, models, 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 ex9 ceed the amount necessary to recoup the direct costs in10 volved, such as utilities, contractor support, and salaries

11 of personnel incurred by the United States to provide such

12 testing.

13 ‘‘(c) CONFIDENTIALITY.—The results of tests per14 formed pursuant to subsection (a)(3) are confidential and

15 may not be divulged outside the government without the

16 consent of the persons for whom the tests are performed.

17 ‘‘(d) USE OF FEES.— Fees received for services made

18 available under subsection (a)(3) may be credited to the

19 appropriations or funds of the selling activity.’’.

20 (2) Section 2314 of title 10, United States Code, is

21 amended by inserting ‘‘or sale’’ after ‘‘procurement’’.

22 (3) Sections 4506, 4507, 4508, 9506, and 9507 of

23 title 10, United States Code, are repealed.
295

HR 2401 EH

1 (c) PROCUREMENT FOR EXPERIMENTAL PUR2 POSES.—(1) Chapter 139 of title 10, United States Code,

3 is amended by adding at the end the following new section:

4 ‘‘§ 2373. Procurement for experimental purposes

5 ‘‘(a) AUTHORITY.—The Secretary of a military de6 partment may buy ordnance, signal, and chemical activity

7 supplies, including parts and accessories, and designs

8 thereof, that the Secretary concerned considers necessary

9 for experimental or test purposes in the development of

10 the best supplies that are needed for the national defense.

11 ‘‘(b) PROCEDURES.—Purchases under this section

12 may be made inside or outside the United States, with

13 or without competitive bidding, and by contract or other14 wise. Chapter 137 of this title applies when such pur15 chases are made in quantity.’’.

16 (2) Sections 4504 and 9504 of title 10, United States

17 Code, are repealed.

18 (d) ACCEPTANCE OF GRATUITOUS SERVICES OF CER19 TAIN RESERVE OFFICERS.—(1) Chapter 11 of title 10,

20 United States Code, is amended by inserting after section

21 278 the following new section:

22 ‘‘§ 279. Authority to accept certain gratuitous serv23 ices of officers

24 ‘‘Notwithstanding section 1342 of title 31, the Sec25 retary of a military department may accept the gratuitous
296

HR 2401 EH

1 services of an officer of a reserve component under the

2 Secretary’s jurisdiction (other than an officer of the Army

3 National Guard of the United States or the Air National

4 Guard of the United States)—

5 ‘‘(1) in the furtherance of the enrollment, orga6 nization, and training of that officer’s reserve com7 ponent or the Reserve Officers’ Training Corps; or

8 ‘‘(2) in consultation upon matters relating to

9 the armed forces.’’.

10 (2) Sections 4541 and 9541 of title 10, United States

11 Code, are repealed.

12 SEC. 813. REPEAL AND AMENDMENT OF CERTAIN ACQUISI13 TION LAWS APPLICABLE TO THE ARMY AND

14 AIR FORCE.

15 (a) REPEALS.—The following provisions of subtitles

16 B and D of title 10, United States Code, are repealed:

17 (1) Sections 4503 and 9503 (relating to re18 search and development programs).

19 (2) Sections 4505 and 9505 (relating to pro20 curement of production equipment).

21 (3) Sections 4531 and 9531 (relating to pro22 curement authorization).

23 (4) Section 4533 (relating to Army rations).
297

HR 2401 EH

1 (5) Sections 4534 and 9534 (relating to sub2 sistence supplies, contract stipulations, and place of

3 delivery on inspection).

4 (6) Sections 4535 and 9535 (relating to pur5 chase of exceptional subsistence supplies without ad6 vertising).

7 (7) Sections 4537 and 9537 (relating to assist8 ance of U.S. mapping agencies with military surveys

9 and maps).

10 (8) Sections 4538 and 9538 (relating to ex11 change and reclamation of unserviceable ammuni12 tion).

13 (b) AMENDMENTS.—(1) Section 2358(a) of title 10,

14 United States Code, is amended—

15 (A) in the first sentence, by striking out ‘‘Sub16 ject to approval by the President, the Secretary of

17 Defense’’ and inserting in lieu thereof ‘‘The Sec18 retary of Defense and the Secretaries of the military

19 departments’’;

20 (B) in the first sentence, by inserting after

21 ‘‘other military’’ the following: ‘‘or department’’; and

22 (C) in the second sentence, by striking out

23 ‘‘Subject to approval by the President, the Sec24 retary’’ and inserting in lieu thereof ‘‘The Secretary

25 concerned’’.
298

HR 2401 EH

1 (2) Section 2358(b) of such title is amended—

2 (A) by inserting after ‘‘Secretary of Defense’’

3 the following: ‘‘or the Secretary of the military de4 partment concerned’’; and

5 (B) by inserting after ‘‘relationship to a mili6 tary’’ the following: ‘‘or department’’.

7 SEC. 814. CONSOLIDATION, REPEAL, AND AMENDMENT OF

8 CERTAIN ACQUISITION LAWS APPLICABLE TO

9 THE NAVY.

10 (a) REPEALS.—The following provisions of subtitle C

11 of title 10, United States Code, are repealed:

12 (1) Section 7201 (relating to guided missiles,

13 research and development, procurement, and con14 struction).

15 (2) Section 7210 (relating to purchase of pat16 ents, patent applications, and licenses).

17 (3) Section 7213 (relating to relief of contrac18 tors and their employees from losses by enemy ac19 tion).

20 (4) Section 7230 (relating to sale of degaussing

21 equipment).

22 (5) Section 7296 (relating to availability of ap23 propriations for other purposes).

24 (6) Section 7298 (relating to conversion of com25 batants and auxiliaries).
299

HR 2401 EH

1 (7) Section 7301 (relating to estimates required

2 for bids on construction).

3 (8) Section 7310 (relating to constructing com4 batant vessels).

5 (9) Chapter 635 (relating to naval aircraft).

6 (10) Section 7366 (relating to limitation on ap7 propriations for naval salvage facilities).

8 (b) REVISION AND STREAMLINING OF CERTAIN PRO9 VISIONS RELATING TO NAVAL VESSELS.—Chapter 633 of

10 such title is amended by striking out sections 7304, 7305,

11 7306, 7307, 7308, and 7309 and inserting in lieu thereof

12 the following:

13 ‘‘§ 7304. Examination of vessels; striking of vessels

14 from Naval Vessel Register

15 ‘‘(a) BOARDS OF OFFICERS TO EXAMINE NAVAL

16 VESSELS.—The Secretary of the Navy shall designate

17 boards of naval officers to examine naval vessels, including

18 unfinished vessels, for the purpose of making a rec19 ommendation to the Secretary as to which vessels, if any,

20 should be stricken from the Naval Vessel Register. Each

21 vessel shall be examined at least once every three years

22 if practicable.

23 ‘‘(b) ACTIONS BY BOARD.—A board designated under

24 subsection (a) shall submit to the Secretary in writing its

25 recommendations as to which vessels, if any, among those
300

HR 2401 EH

1 it examined should be stricken from the Naval Vessel Reg2 ister.

3 ‘‘(c) ACTION BY SECRETARY.—If the Secretary con4 curs with a recommendation by a board that a vessel

5 should be stricken from the Naval Vessel Register, the

6 Secretary shall strike the name of that vessel from the

7 Naval Vessel Register.

8 ‘‘§ 7305. Vessels stricken from Naval Vessel Register:

9 sale

10 ‘‘(a) APPRAISAL OF VESSELS STRICKEN FROM

11 NAVAL VESSEL REGISTER.—The Secretary of the Navy

12 shall appraise each vessel stricken from the Naval Vessel

13 Register under section 7304 of this title.

14 ‘‘(b) AUTHORITY TO SELL VESSEL.—If the Sec15 retary considers that the sale of the vessel is in the na16 tional interest, the Secretary may sell the vessel. Any such

17 sale shall be in accordance with regulations prescribed by

18 the Secretary for the purposes of this section.

19 ‘‘(c) PROCEDURES FOR SALE.—(1) A vessel stricken

20 from the Naval Vessel Register and not subject to disposal

21 under any other law may be sold under this section. In

22 such a case, the Secretary may sell the vessel to the high23 est acceptable bidder, regardless of the appraised value of

24 the vessel, after the vessel is publicly advertised for sale

25 for a period of not less than 30 days.
301

HR 2401 EH

1 ‘‘(2) If the Secretary determines that the bid prices

2 for a vessel received after advertising under paragraph (1)

3 are not acceptable and that readvertising will serve no use4 ful purpose, the Secretary may sell the vessel by negotia5 tion to the highest acceptable bidder if—

6 ‘‘(A) each responsible bidder has been notified

7 of intent to negotiate and has been given a reason8 able opportunity to negotiate; and

9 ‘‘(B) the negotiated price is—

10 ‘‘(i) higher than the highest rejected price

11 of any responsible bidder; or

12 ‘‘(ii) reasonable and in the national inter13 est.

14 ‘‘(d) APPLICABILITY.—This section does not apply to

15 a vessel the disposal of which is authorized by the Federal

16 Property and Administrative Services Act of 1949 (40

17 U.S.C. 471 et seq.), if it is to be disposed of under that

18 Act.

19 ‘‘§ 7306. Vessels stricken from Naval Vessel Register;

20 captured vessels: transfer by gift or oth21 erwise

22 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—Subject to

23 subsections (c) and (d) of section 602 of the Federal Prop24 erty and Administrative Services Act of 1949 (40 U.S.C.

25 474), the Secretary of the Navy may transfer, by gift or
302

HR 2401 EH

1 otherwise, any vessel stricken from the Naval Vessel Reg2 ister, or any captured vessel, to—

3 ‘‘(1) any State, Commonwealth, or possession of

4 the United States or any municipal corporation or

5 political subdivision thereof;

6 ‘‘(2) the District of Columbia; or

7 ‘‘(3) any not-for-profit or nonprofit entity.

8 ‘‘(b) VESSEL TO BE MAINTAINED IN CONDITION

9 SATISFACTORY TO SECRETARY.—An agreement for the

10 transfer of a vessel under subsection (a) shall include a

11 requirement that the transferee will maintain the vessel

12 in a condition satisfactory to the Secretary.

13 ‘‘(c) TRANSFERS TO BE AT NO COST TO UNITED

14 STATES.—Any transfer of a vessel under this section shall

15 be made at no cost to the United States.

16 ‘‘(d) NOTICE TO CONGRESS.—(1) No transfer under

17 this section takes effect unless—

18 ‘‘(A) notice of the proposal to make the transfer

19 is sent to Congress; and

20 ‘‘(B) 60 calendar days of continuous session of

21 Congress have expired after the notice is sent to

22 Congress.

23 ‘‘(2) For purposes of paragraph (1)(B), the continu24 ity of a session of Congress is broken only by an adjourn25 ment of the Congress sine die, and the days on which ei-
303

HR 2401 EH

1 ther House is not in session because of an adjournment

2 of more than 3 days to a day certain are excluded in the

3 computation of such 60-day period.

4 ‘‘§ 7306a. Vessels stricken from Naval Vessel Register:

5 use for experimental purposes

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

7 use for experimental purposes any vessel stricken from the

8 Naval Vessel Register.

9 ‘‘(b) STRIPPING VESSEL.—(1) Before using a vessel

10 for an experimental purpose pursuant to subsection (a),

11 the Secretary shall carry out such stripping of the vessel

12 as is practicable.

13 ‘‘(2) Amounts received as proceeds from the stripping

14 of a vessel pursuant to this subsection shall be credited

15 to appropriations available for the procurement of scrap16 ping services needed for such stripping. Amounts received

17 which are in excess of amounts needed for procuring such

18 services shall be deposited into the general fund of the

19 Treasury.

20 ‘‘§ 7307. Disposals to foreign nations

21 ‘‘(a) LARGER OR NEWER VESSELS.—A naval vessel

22 that is in excess of 3,000 tons or that is less than 20 years

23 of age may not be disposed of to another nation (whether

24 by sale, lease, grant, loan, barter, transfer, or otherwise)

25 unless the disposition of that vessel is approved by law
304

HR 2401 EH

1 enacted after August 5, 1974. A lease or loan of such a

2 vessel under such a law may be made only in accordance

3 with the provisions of chapter 6 of the Arms Export Con4 trol Act (22 U.S.C. 2796 et seq.) or chapter 2 of part

5 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311

6 et seq.).

7 ‘‘(b) OTHER VESSELS.—(1) A naval vessel not sub8 ject to subsection (a) may be disposed of to another nation

9 (whether by sale, lease, grant, loan, barter, transfer, or

10 otherwise) in accordance with applicable provisions of law,

11 but only after—

12 ‘‘(A) the Secretary of the Navy notifies the

13 Committees on Armed Services of the Senate and

14 House of Representatives in writing of the proposed

15 disposition; and

16 ‘‘(B) 30 days of continuous session of Congress

17 have expired following the date on which such notice

18 was transmitted to those committees.

19 ‘‘(2) For purposes of paragraph (1)(B), the continu20 ity of a session of Congress is broken only by an adjourn21 ment of the Congress sine die, and the days on which ei22 ther House is not in session because of an adjournment

23 of more than 3 days to a day certain are excluded in the

24 computation of such 30-day period.
305

HR 2401 EH

1 ‘‘§ 7308. Chief of Naval Operations: certification re2 quired for disposal of combatant vessels

3 ‘‘Notwithstanding any other provision of law, no com4 batant vessel of the Navy may be sold, transferred, or oth5 erwise disposed of, unless the Chief of Naval Operations

6 certifies that it is not essential to the defense of the United

7 States.

8 ‘‘§ 7309. Construction of vessels in foreign shipyards:

9 prohibition

10 ‘‘(a) PROHIBITION.—Except as provided in sub11 section (b), no vessel to be constructed for any of the

12 armed forces, and no major component of the hull or su13 perstructure of any such vessel, may be constructed in a

14 foreign shipyard.

15 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECU16 RITY INTEREST.—(1) The President may authorize excep17 tions to the prohibition in subsection (a) when the Presi18 dent determines that it is in the national security interest

19 of the United States to do so.

20 ‘‘(2) The President shall transmit notice to Congress

21 of any such determination, and no contract may be made

22 pursuant to the exception authorized until the end of the

23 30-day period beginning on the date on which the notice

24 of the determination is received by Congress.

25 ‘‘(c) EXCEPTION FOR INFLATABLE BOATS.—An in26 flatable boat or a rigid inflatable boat, as defined by the
306

HR 2401 EH

1 Secretary of the Navy, is not a vessel for the purpose of

2 the restriction in subsection (a).

3 ‘‘§ 7310. Overhaul, repair, etc. of vessels in foreign

4 shipyards: restrictions

5 ‘‘(a) VESSELS WITH HOMEPORT IN UNITED

6 STATES.—A naval vessel (or any other vessel under the

7 jurisdiction of the Secretary of the Navy) the homeport

8 of which is in the United States may not be overhauled,

9 repaired, or maintained in a shipyard outside the United

10 States, other than in the case of voyage repairs.

11 ‘‘(b) VESSEL CHANGING HOMEPORTS.—In the case

12 of a naval vessel the homeport of which is not in the Unit13 ed States (or a territory of the United States), the Sec14 retary of the Navy may not during the 15-month period

15 preceding the planned reassignment of the vessel to a

16 homeport in the United States (or a territory of the Unit17 ed States) begin any work for the overhaul, repair, or

18 maintenance of the vessel that is scheduled to be for a

19 period of more than six months.’’.

20 SEC. 815. ADDITIONAL AUTHORITY TO CONTRACT FOR

21 FUEL STORAGE AND MANAGEMENT.

22 (a) ADDITIONAL AUTHORITY.—Section 2388 of title

23 10, United States Code, is amended—

24 (1) in subsection (a)—
307

HR 2401 EH

1 (A) by striking out ‘‘The’’ and inserting

2 ‘‘The Secretary of Defense or the’’; and

3 (B) by striking out ‘‘the storage, handling,

4 and distribution of liquid fuels’’ and inserting

5 in lieu thereof the following: ‘‘storage facilities

6 for, or the storage, handling, or distribution of,

7 liquid fuels or natural gas. Any such contract

8 may be entered into’’;

9 (2) by striking out subsection (b); and

10 (3) by redesignating subsection (c) as sub11 section (b).

12 (b) SECTION HEADING AMENDMENT.—The heading

13 of section 2388 of such title is amended to read as follows:

14 ‘‘§ 2388. Liquid fuels and natural gas: contracts for

15 storage, handling, or distribution’’.

16 SEC. 816. ADDITIONAL AUTHORITY RELATING TO THE AC17 QUISITION OF PETROLEUM.

18 Section 2404 of title 10, United States Code, is

19 amended—

20 (1) in subsection (c)—

21 (A) by inserting ‘‘or petroleum-related

22 services’’ after ‘‘petroleum’’ the first place it

23 appears; and
308

HR 2401 EH

1 (B) by striking out ‘‘petroleum derivatives’’

2 and inserting in lieu thereof ‘‘petroleum-related

3 services’’;

4 (2) in subsection (d)—

5 (A) by striking out ‘‘and products’’ and in6 serting in lieu thereof ‘‘products’’; and

7 (B) by striking out the period at the end

8 and inserting in lieu thereof ‘‘, and natural

9 gas.’’; and

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

12 ‘‘(e) The Secretary of Defense may sell petroleum

13 that is in inventory if the Secretary determines that the

14 sale would be in the public interest. Amounts received

15 from such a sale shall be credited to appropriations avail16 able for the acquisition of petroleum. Amounts so credited

17 shall be available for obligation for the same period as the

18 appropriations to which the amounts are credited.’’.

19 SEC. 817. SIMPLIFIED ACQUISITION THRESHOLD.

20 (a) SIMPLIFIED ACQUISITION THRESHOLD.—Section

21 2302 of title 10, United States Code, is amended by add22 ing at the end the following new paragraph:

23 ‘‘(8) The term ‘simplified acquisition threshold’

24 means $100,000, adjusted on October 1 of each year

25 divisible by 5 to the amount equal to $100,000 in
309

HR 2401 EH

1 constant fiscal year 1990 dollars (rounded to the

2 nearest $1,000).’’.

3 (b) CONFORMING AMENDMENTS.—(1) Title 10, Unit4 ed States Code, is amended by striking out ‘‘small pur5 chase threshold’’ each place it appears other than sections

6 2410i(b)(1), 2304(g)(2), and 2304(g)(3) and inserting in

7 lieu thereof ‘‘simplified acquisition threshold’’.

8 (2) Section 2304(g)(1) is amended by adding at the

9 end the following: ‘‘Any such simplified procedures shall

10 maintain the notice requirements under section 18 of the

11 Office of Federal Procurement Policy Act (41 U.S.C. 416)

12 and subsections (e), (f), and (g) of section 8 of the Small

13 Business Act (15 U.S.C. 637) for any purchase or con14 tract for an amount in excess of the small purchase

15 threshold, as that term is used in those Acts.’’.

16 (3) Section 2384(b) of title 10, United States Code,

17 is amended—

18 (A) in paragraph (1), by inserting ‘‘or in para19 graph (3)’’ after ‘‘in paragraph (2)’’; and

20 (B) by adding at the end the following new

21 paragraph:

22 ‘‘(3) Paragraph (1) does not apply to a contract in

23 an amount equal to or less than the simplified acquisition

24 threshold (as defined in section 2302(7) of this title).’’.
310

HR 2401 EH

1 (4) Section 2397c(a)(1) of title 10, United States

2 Code, is amended by striking out ‘‘in excess of $100,000’’

3 and inserting in lieu thereof ‘‘in an amount in excess of

4 the simplified acquisition threshold (as defined in section

5 2302(7) of this title)’’.

6 (5) Section 2408(a) of title 10, United States Code,

7 is amended by adding at the end the following new para8 graph:

9 ‘‘(4) In this subsection, the term ‘defense contract’

10 means a contract in an amount in excess of the simplified

11 acquisition threshold (as defined in section 2302(7) of this

12 title).’’.

13 SEC. 818. PROCUREMENT OF COMMERCIAL AND

14 NONDEVELOPMENTAL ITEMS.

15 (a) POLICY.—Section 2301(a) of title 10, United

16 States Code, is amended—

17 (1) by striking out ‘‘and’’ at the end of para18 graph (6);

19 (2) by striking out the period at the end of

20 paragraph (7) and inserting in lieu thereof a semi21 colon; and

22 (3) by adding at the end the following new

23 paragraphs:

24 ‘‘(8) to the maximum extent practicable, and

25 consistent with the objectives set forth in section
311

HR 2401 EH

1 2501(c) of this title, the Department of Defense

2 shall acquire commercial items to meet its needs and

3 shall require prime contractors and subcontractors,

4 at all levels, which furnish other than commercial

5 items, to incorporate to the maximum extent prac6 ticable commercial items as components of items

7 being supplied to the Department; and

8 ‘‘(9) when commercial items and components

9 are not available, practicable, or cost effective, the

10 Department shall acquire, and shall require prime

11 contractors and subcontractors to incorporate, other

12 nondevelopmental items and components to the max13 imum extent practicable.’’.

14 (b) COMMERCIAL ITEM DEFINED.—Section 2302 of

15 title 10, United States Code, as amended by section 817,

16 is further amended by adding at the end the following new

17 paragraph:

18 ‘‘(8) The term ‘commercial item’ means any

19 item regularly used in the course of normal business

20 operations for other than Government purposes

21 that—

22 ‘‘(A) has been sold, leased, or licensed to

23 the general public;

24 ‘‘(B) has been offered for sale, lease, or li25 cense to the general public;
312

HR 2401 EH

1 ‘‘(C) is not yet available in the commercial

2 marketplace, but will be available in time to

3 satisfy the delivery requirements under a Gov4 ernment solicitation; or

5 ‘‘(D) is an item that, but for minor modi6 fications made to meet Government require7 ments, would satisfy the criteria set forth in

8 subparagraph (A), (B), or (C).’’.

9 (c) COST OR PRICING DATA.—Section 2306a(b) of

10 title 10, United States Code, is amended—

11 (1) by redesignating subparagraphs (A), (B),

12 and (C) of paragraph (1) as clauses (i), (ii), and

13 (iii), respectively;

14 (2) by redesignating paragraphs (1) and (2) as

15 subparagraphs (A) and (B), respectively;

16 (3) by inserting ‘‘(1)’’ before ‘‘This section need

17 not’’; and

18 (4) by adding at the end the following:

19 ‘‘(2) This section does not apply to a contract or sub20 contract for commercial items unless the head of the agen21 cy determines that cost or pricing data are necessary for

22 the evaluation by the agency of the reasonableness of the

23 price of the contract or subcontract. In any case in which

24 the head of the agency requires such data to be submitted
313

HR 2401 EH

1 under this section, the head of the agency shall document

2 in writing the reasons for such requirement.’’.

3 (d) PROCUREMENT PLANNING.—(1) Subsection (a)

4 of section 2325 of title 10, United States Code, is amend5 ed by inserting ‘‘commercial or’’ before ‘‘nondevelopmental

6 items’’ each place it appears in paragraphs (2), (3), and

7 (4).

8 (2) The heading of section 2325 of such title is

9 amended to read as follows:

10 ‘‘§ 2325. Preference for commercial and

11 nondevelopmental items’’.

12 (3) The table of sections at the beginning of chapter

13 137 of such title is amended by striking out the item relat14 ing to section 2325 and inserting in lieu thereof the follow15 ing:

‘‘2325. Preference for commercial and nondevelopmental items.’’.

16 (e) PROCUREMENT OF COMMERCIAL ITEMS.—(1)

17 Chapter 137 of title 10, United States Code, is amended

18 by inserting after section 2325 the following new section:

19 ‘‘§ 2325a. Procurement of commercial items

20 ‘‘(a) REGULATIONS; UNIFORM TERMS AND CONDI21 TIONS.—(1) The Secretary of Defense shall prescribe reg22 ulations implementing this section and paragraphs (8) and

23 (9) of section 2301(a) of this title. The regulations shall

24 contain a set or sets of uniform terms and conditions to

25 be included in contracts for the acquisition of commercial
314

HR 2401 EH

1 end items. Such uniform terms and conditions shall be

2 modeled to the maximum extent practicable on commercial

3 terms and conditions and shall include only those contract

4 clauses, including clauses requiring terms and conditions

5 to be flowed down to subcontractors, that are—

6 ‘‘(A) required to implement provisions of law

7 applicable to commercial item acquisitions;

8 ‘‘(B) essential for the protection of the Federal

9 Government’s interest in an acquisition; or

10 ‘‘(C) determined by the Secretary to be consist11 ent with standard commercial practice.

12 ‘‘(2) The regulations prescribed under paragraph (1)

13 shall provide that prime contractors and subcontractors

14 furnishing other than commercial items as end items or

15 components may not require suppliers furnishing commer16 cial items as components to comply with any clause, term,

17 or condition except those—

18 ‘‘(A) required to implement provisions of law

19 applicable to subcontractors furnishing commercial

20 items;

21 ‘‘(B) essential for the protection of the prime

22 contractor or higher tier subcontractor in a particu23 lar acquisition; or

24 ‘‘(C) determined to be consistent with standard

25 commercial practice.
315

HR 2401 EH

1 ‘‘(b) DEFINITIONS.—In this section:

2 ‘‘(1) The term ‘component’ means any item

3 supplied to the Government as part of an end item

4 or of another component.

5 ‘‘(2) The term ‘nondevelopmental item’ has the

6 meaning given that term in section 2325 of this

7 title.

8 ‘‘(c) EXEMPTIONS FROM PRESENT LAW.—Procure9 ments of commercial items shall not be subject to the fol10 lowing provisions of this title:

11 ‘‘(1) Section 2324.

12 ‘‘(2) Section 2384.

13 ‘‘(3) Section 2393.

14 ‘‘(4) Section 2397.

15 ‘‘(5) Section 2397a.

16 ‘‘(6) Section 2397b.

17 ‘‘(7) Section 2397c.

18 ‘‘(8) Section 2402.

19 ‘‘(9) Section 2406.

20 ‘‘(10) Section 2408.

21 ‘‘(d) SET-ASIDES PRESERVED.—Nothing in this sec22 tion shall prevent the Secretary of Defense from restrict23 ing the award of prime contracts for commercial items to

24 any source as may from time to time be prescribed or per25 mitted by law.
316

HR 2401 EH

1 ‘‘(e) RESTRICTION TO FIRM, FIXED PRICE CON2 TRACTS.—Except where commercial items are to be pro3 vided as a portion of a contract that also provides for the

4 delivery of other than commercial items, only firm, fixed

5 price contracts or fixed price contracts with economic price

6 adjustment provisions shall be used to acquire commercial

7 end items under this section.’’.

8 (2) The table of sections at the beginning of chapter

9 137 of such title is amended by inserting after the item

10 relating to section 2325 the following new item:

‘‘2325a. Procurement of commercial items.’’.

11 SEC. 819. TECHNICAL AND CLERICAL AMENDMENTS.

12 (a) AMENDMENTS TO TABLES OF SECTIONS.—The

13 table of sections at the beginning of each chapter of title

14 10, United States Code, listed in the following paragraphs

15 is amended by striking out the items relating to the sec16 tions listed in such paragraphs:

17 (1) Chapter 137: section 2317.

18 (2) Chapter 139: section 2362.

19 (3) Chapter 141: sections 2384a and 2389.

20 (4) Chapter 144: sections 2436 and 2437.

21 (5) Chapter 433: sections 4531, 4534, 4535,

22 4537, 4538, and 4541.

23 (6) Chapter 631: sections 7201, 7210, 7213,

24 and 7230.
317

HR 2401 EH

1 (7) Chapter 633: sections 7296, 7298, and

2 7301.

3 (8) Chapter 637: section 7366.

4 (9) Chapter 933: sections 9531, 9534, 9535,

5 9537, 9538, and 9541.

6 (b) AMENDMENTS TO TABLES OF CHAPTERS.—

7 (1) The table of chapters at the beginning of

8 subtitle A, and part IV of subtitle A, of title 10,

9 United States Code, are amended by striking out the

10 item relating to chapter 135.

11 (2) The table of chapters at the beginning of

12 subtitle B, and part IV of subtitle B, of such title

13 are amended by striking out the item relating to

14 chapter 431.

15 (3) The table of chapters at the beginning of

16 subtitle C, and part IV of subtitle C, of such title

17 are amended by striking out the item relating to

18 chapter 635.

19 (c) ADDITIONAL AMENDMENTS.—

20 (1) The table of sections at the beginning of

21 subchapter I of chapter 11 of title 10, United States

22 Code, is amended by inserting after the item relating

23 to section 278 the following new item:

‘‘279. Authority to accept certain gratuitous services of officers’’.
318

HR 2401 EH

1 (2) The table of sections at the beginning of

2 chapter 139 of such title is amended by adding at

3 the end the following new item:

‘‘2373. Procurement for experimental purposes’’.

4 (3) The table of sections at the beginning of

5 chapter 141 of such title is amended by striking out

6 the item relating to section 2388 and inserting in

7 lieu thereof the following:

‘‘2388. Liquid fuels and natural gas: contracts for storage, handling, or distribution.’’.

8 (4) The table of sections at the beginning of

9 subchapter V of chapter 148 of such title is amend10 ed by 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.’’.

11 (5) Chapter 431 of such title is amended by

12 striking out the chapter heading and the table of

13 sections.

14 (6) The table of sections at the beginning of

15 chapter 633 of such title is amended by striking out

16 the items relating to sections 7304, 7305, 7306,

17 7307, 7308, 7309, and 7310 and inserting in lieu

18 thereof the following:

‘‘7304. Examination of vessels; striking of vessels from Naval Vessel Register.

‘‘7305. Vessels stricken from Naval Vessel Register: sale.
319

HR 2401 EH

‘‘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.’’.

1 (7)(A) Chapter 931 of such title is amended—

2 (i) by striking out the table of sections for

3 subchapter I;

4 (ii) by striking out the headings for sub5 chapters I and II;

6 (iii) by striking out the table of sub7 chapters; and

8 (iv) by amending the chapter heading to

9 read as follows:

10 ‘‘CHAPTER 931—CIVIL RESERVE AIR FLEET’’.

11 (B) The table of chapters at the beginning of

12 subtitle D, and part IV of subtitle D, of such title

13 are amended by striking out the items relating to

14 chapter 931 and inserting in lieu thereof the follow15 ing:

‘‘931. Civil Reserve Air Fleet ......................................................... 9511’’.

16 (d) CROSS-REFERENCE AMENDMENTS.—(1) Section

17 505(a)(2)(B)(i) of the National Security Act of 1947 (50

18 U.S.C. 415(a)(2)(B)(i)) is amended by striking out ‘‘sec-
320

HR 2401 EH

1 tion 7307(b)(1)’’ and inserting in lieu thereof ‘‘section

2 7307(a)’’.

3 (2) Section 2366(d) of title 10, United States Code,

4 is amended by striking out ‘‘to the defense committees of

5 Congress (as defined in section 2362(e)(3) of this title).’’

6 and inserting in lieu thereof ‘‘to the Committees on Armed

7 Services and on Appropriations of the Senate and House

8 of Representatives.’’.

9 Subtitle C—Other Matters

10 SEC. 821. REPORTS ON CONTRACT BUNDLING.

11 (a) REPORTS.—Not later than April 1, 1994, the Sec12 retary of Defense and the Comptroller General shall each

13 submit to the Committees on Armed Services and on

14 Small Business of the Senate and House of Representa15 tives a report on the effects of contract bundling on the

16 participation by small business concerns and small dis17 advantaged business concerns in procurement by the De18 partment of Defense. The report shall contain the findings

19 and conclusions of the Secretary or the Comptroller Gen20 eral, as the case may be, regarding such effects, based on

21 the data collected under subsection (b). The report also

22 shall contain such recommendations for administrative or

23 legislative action as the Secretary or Comptroller General

24 considers appropriate to maintain and increase participa25 tion by small business concerns and small disadvantaged
321

HR 2401 EH

1 business concerns in procurement by the Department of

2 Defense.

3 (b) DATA COLLECTION.—For purposes of carrying

4 out the report requirement of subsection (a), the Secretary

5 of Defense shall collect data on the effect of contract bun6 dling on the participation by small business concerns and

7 small disadvantaged business concerns in procurement by

8 the Department of Defense. At a minimum, the Secretary

9 shall collect data on the following:

10 (1) The number and types of bundled contracts

11 awarded during fiscal years 1992 and 1993 and ex12 pected to be awarded during fiscal year 1994, to13 gether with the reasons for the bundling of such

14 contracts.

15 (2) The cost effectiveness of bundling such con16 tracts compared to awarding the contracts in sepa17 rate, smaller contracts.

18 (3) The number of smaller contracts that would

19 have been awarded if such contracts were not bun20 dled, and the types of contractors (such as small

21 business concerns and small disadvantaged business

22 concerns) that could have been expected to perform

23 the smaller contracts.
322

HR 2401 EH

1 (4) The extent to which small businesses and

2 small disadvantaged businesses participate as sub3 contractors on bundled contracts.

4 (c) TRANSMISSION OF DATA TO COMPTROLLER GEN5 ERAL.—Not later than February 1, 1994, the Secretary

6 of Defense shall transmit to the Comptroller General a

7 copy of the data collected under subsection (b) for use by

8 the Comptroller General in carrying out the report re9 quirement of subsection (a).

10 (d) DEFINITION.—For purposes of this section, the

11 term ‘‘contract bundling’’ means the consolidation of two

12 or more requirements, descriptions, specifications, line

13 items, or statements of work that individually were or

14 could be performed by a small business concern, resulting

15 in a contract opportunity for supplies, services, or con16 struction that may be unsuitable for award to a small

17 business concern due to—

18 (1) the diversity and size of the elements of per19 formance specified;

20 (2) the aggregate dollar value of the anticipated

21 award;

22 (3) the geographical dispersion of the contract

23 performance sites; or

24 (4) any combination of paragraphs (1), (2), and

25 (3).
323

HR 2401 EH

1 SEC. 822. PROHIBITION ON COMPETITION BETWEEN DEPOT

2 MAINTENANCE ACTIVITIES AND SMALL BUSI3 NESSES FOR CERTAIN MAINTENANCE CON4 TRACTS.

5 (a) IN GENERAL.—(1) Chapter 137 of title 10, Unit6 ed States Code, is amended by inserting after section 2304

7 the following new section:

8 ‘‘§ 2304a. Contracts: prohibition on competition be9 tween Department of Defense and small

10 businesses and certain other entities

11 ‘‘(a) EXCLUSION.—In any case in which the Sec12 retary of Defense plans to use competitive procedures for

13 a procurement, if the procurement is to be conducted as

14 described in subsection (b), then the Secretary shall ex15 clude the Department of Defense from competing in the

16 procurement.

17 ‘‘(b) PROCUREMENT DESCRIPTION.—The require18 ment to exclude the Department of Defense under sub19 section (a) applies in the case of a procurement to be con20 ducted by excluding from competition entities in the pri21 vate sector other than—

22 ‘‘(1) small business concerns in furtherance of

23 section 8 or 15 of the Small Business Act (15

24 U.S.C. 637 or 644); or
324

HR 2401 EH

1 ‘‘(2) entities described in subsection (a)(1) of

2 section 2323 of this title in furtherance of the goal

3 specified in that subsection.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by inserting after the item relating

6 to section 2304 the following new item:

‘‘2304a. Contracts: prohibition on competition between Department of Defense

and small businesses and certain other entities.’’.

7 (b) EFFECTIVE DATE.—Section 2304a of title 10,

8 United States Code, as added by subsection (a), shall take

9 effect on the date of the enactment of this Act.

10 SEC. 823. CLARIFICATION OF REQUIREMENT FOR DOMES11 TIC MANUFACTURE OF PROPELLERS FOR

12 SHIPS FUNDED UNDER THE FAST SEALIFT

13 PROGRAM.

14 Section 1424(b) of Public Law 101–510 (10 U.S.C.

15 7291 note) is amended—

16 (1) in paragraph (6), by striking out ‘‘para17 graph (5)’’ and inserting in lieu thereof ‘‘paragraph

18 (6)’’;

19 (2) by redesignating paragraphs (5) and (6) as

20 paragraphs (6) and (7), respectively; and

21 (3) by adding after paragraph (4) the following

22 new paragraph (5):

23 ‘‘(5) The propellers for vessels constructed

24 under the program shall incorporate only castings
325

HR 2401 EH

1 poured and finished in the United States and forg2 ings manufactured in the United States. The Sec3 retary of Defense may waive the requirement of this

4 paragraph if adhering to the requirement would re5 sult in the existence of only one United States

6 source for such castings and forgings.’’.

7 SEC. 824. PILOT PROGRAM TO IMPROVE PRICING POLICIES

8 FOR USE OF MAJOR RANGE AND TEST FACIL9 ITY INSTALLATIONS OF THE AIR FORCE.

10 (a) PILOT PROGRAM TO ESTABLISH COMPETITIVE

11 PRICES.—(1) Chapter 949 of title 10, United States Code,

12 is amended by inserting after section 9781 the following

13 new section:

14 ‘‘§ 9782. Use of test and evaluation installations by

15 commercial entities

16 ‘‘(a) CONTRACT AUTHORITY.—The Secretary of the

17 Air Force, in consultation with the Secretary of Defense,

18 may enter into contracts with commercial entities that de19 sire to conduct commercial test and evaluation activities

20 at a Major Range and Test Facility Installation under the

21 jurisdiction of the Secretary.

22 ‘‘(b) TERMINATION OR LIMITATION OF CONTRACT

23 UNDER CERTAIN CIRCUMSTANCES.—A contract entered

24 into under subsection (a) shall contain a provision that

25 the installation commander may terminate, prohibit, or
326

HR 2401 EH

1 suspend immediately any commercial test or evaluation ac2 tivity to be conducted at the Major Range and Test Facil3 ity Installation under the contract if the installation com4 mander certifies in writing that the test or evaluation ac5 tivity is or would be detrimental—

6 ‘‘(1) to the public health and safety;

7 ‘‘(2) to property (either public or private); or

8 ‘‘(3) to any national security interest or foreign

9 policy interest of the United States.

10 ‘‘(c) CONTRACT PRICE.—The installation commander

11 shall require a commercial entity using a Major Range and

12 Test Facility Installation under a contract entered into

13 under subsection (a) to reimburse the installation for all

14 direct costs associated with the test and evaluation activi15 ties conducted by the commercial entity under the con16 tract. In addition, the contract may require the commer17 cial entity to reimburse the installation for such indirect

18 costs related to the use of the installation as the installa19 tion commander considers to be appropriate and competi20 tive.

21 ‘‘(d) RETENTION OF FUNDS COLLECTED FROM COM22 MERCIAL USERS.—Amounts collected under subsection (c)

23 from a commercial entity conducting test and evaluation

24 activities at a Major Range and Test Facility Installation

25 shall be credited to the appropriation accounts under
327

HR 2401 EH

1 which the costs associated with the test and evaluation ac2 tivities of the commercial entity were incurred.

3 ‘‘(e) REGULATIONS AND LIMITATIONS.—The Sec4 retary of the Air Force, in consultation with the Secretary

5 of Defense, shall prescribe regulations to carry out this

6 section. The authority of installation commanders under

7 subsections (b) and (c) shall be subject to the authority,

8 direction, and control of the Secretary of the Air Force.

9 ‘‘(f) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘Major Range and Test Facility

11 Installation’ means a test and evaluation installation

12 under the jurisdiction of the Secretary of the Air

13 Force and designated as such by the Secretary.

14 ‘‘(2) The term ‘direct costs’ includes the cost

15 of—

16 ‘‘(A) labor, material, facilities, utilities,

17 equipment, supplies, and any other resources

18 damaged or consumed during the test or eval19 uation activities or maintained for a particular

20 commercial entity; and

21 ‘‘(B) construction specifically performed

22 for the commercial entity to conduct test and

23 evaluation activities.
328

HR 2401 EH

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

9 Secretary of Defense and Congress describing the number

10 and purposes of contracts entered into under subsection

11 (a) and evaluating the success of this section in opening

12 Major Range and Test Facility Installations to commercial

13 test and evaluation activities.’’.

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

15 at the beginning of such chapter is amended by inserting

16 after the item related to section 9781 the following new

17 item:

‘‘9782. Use of test and evaluation installations by commercial entities.’’.

18 SEC. 825. COMPLIANCE WITH BUY AMERICAN ACT.

19 No funds authorized pursuant to this Act may be ex20 pended by an entity unless the entity agrees that in ex21 pending the assistance the entity will comply with sections

22 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

23 10c, popularly known as the ‘‘Buy American Act’’).
329

HR 2401 EH

1 SEC. 826. SENSE OF CONGRESS; REQUIREMENT REGARD2 ING NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—In the case of any equipment or prod5 ucts that may be authorized under this Act, it is the sense

6 of the Congress that entities receiving such assistance

7 should, in expending the assistance, purchase only Amer8 ican-made equipment and products.

9 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

10 providing financial assistance under this Act, the Sec11 retary of Defense shall provide to each recipient of the

12 assistance a notice describing the statement made in sub13 section (a) by the Congress.

14 SEC. 827. PROHIBITION OF CONTRACTS.

15 If it has been finally determined by a court or Federal

16 agency that any person intentionally affixed a fraudulent

17 label bearing a ‘‘Made in America’’ inscription, or any in18 scription with the same meaning, to any product sold in

19 or shipped to the United States, that was not made in

20 the United States, such person shall be ineligible to receive

21 any contract or subcontract made with funds provided

22 pursuant to this Act, pursuant to the debarment, suspen23 sion, and ineligibility procedures described in section

24 9.400 through 9.409 of title 48, Code of Federal Regula25 tions.
330

HR 2401 EH

1 SEC. 828. RECIPROCITY.

2 (a) GENERAL RULE.—Except as provided in sub3 section (b), no contract or subcontract may be made with

4 funds authorized under this Act to a company organized

5 under the laws of a foreign country unless the Adminis6 trator finds that such country affords comparable oppor7 tunities to companies organized under the laws of the

8 United States.

9 (b) EXCEPTION.—(1) The Administrator may waive

10 the rule stated under subsection (a) if the products or

11 services required are not reasonably available from compa12 nies organized under the laws of the United States. Any

13 such waiver shall be reported to the Congress.

14 (2) Subsection (a) shall not apply to the extent that

15 to do so would violate the General Agreement on Tariffs

16 and Trade or any other international agreement to which

17 the United States is a party.

18 SEC. 829. CLARIFICATION OF EXCLUSION OF MILITARY AR19 CHITECTURAL AND ENGINEERING CON20 TRACTS UNDER SMALL BUSINESS COMPETI21 TIVENESS DEMONSTRATION PROGRAM.

22 (a) CLARIFICATION OF EXCLUSION.—Section 717(d)

23 of the Small Business Competitiveness Demonstration

24 Program Act of 1988 (title VII of Public Law 100–656)

25 is amended by striking out ‘‘and such contract was’’ and

26 inserting in lieu thereof ‘‘but only if such contracts were’’.
331

HR 2401 EH

1 (b) CLARIFICATION OF APPLICABILITY OF FREEZE

2 ON NUMERICAL SIZE STANDARD.—Section 732 of such

3 Act (15 U.S.C. 632 note) is amended by adding at the

4 end the following: ‘‘As provided in section 717(d), the pre5 ceding sentence does not apply to architectural and engi6 neering services assigned to standard industrial classifica7 tion code 8711 and performed under contracts awarded

8 under the qualification-based selection procedures re9 quired by title IX of the Federal Property and Administra10 tive Services Act of 1949 (40 U.S.C. 541 et seq.)’’.

11 (c) REQUIREMENT TO LIFT FREEZE ON NUMERICAL

12 SIZE STANDARD FOR MILITARY ARCHITECTURAL AND

13 ENGINEERING SERVICES CONTRACTS.—Not later than 60

14 days after the date of the enactment of this Act, the Ad15 ministrator of the Small Business Administration shall re16 move any numerical size standard pertaining to contract

17 awards assigned to standard industrial classification code

18 8711 that are made by the Department of Defense, in con19 formance with section 732 of the Small Business Competi20 tiveness Demonstration Program Act of 1988 (15 U.S.C.

21 632 note), as amended by subsection (b).
332

HR 2401 EH

1 SEC. 830. AUTHORITY TO DISPOSE OF EQUIPMENT WHOSE

2 OPERATION AND SUPPORT COSTS EXCEED

3 COSTS OF PROCURING REPLACEMENT

4 EQUIPMENT.

5 (a) AUTHORITY.—(1) Chapter 433 of title 10, United

6 States Code, is amended by adding at the end the follow7 ing new section:

8 ‘‘§ 4543. Disposal of property: authority to dispose of

9 certain equipment

10 ‘‘(a) AUTHORITY.—The Secretary of the Army may

11 dispose of equipment that—

12 ‘‘(1) at the discretion of the Secretary, is need13 ed, but whose continued operation and support costs

14 exceed costs of procuring approved replacement

15 equipment; or

16 ‘‘(2) is a major end item and still has commer17 cial utility, such as trucks, trailers, and communica18 tions equipment.

19 ‘‘(b) READINESS REQUIREMENTS.—In disposing of

20 equipment under this section, the Secretary shall not com21 promise the readiness requirements of the Army.

22 ‘‘(c) SENSE OF CONGRESS REGARDING PROCURE23 MENT OF REPLACEMENT EQUIPMENT.—It is the sense of

24 Congress that the Secretary of the Army should make

25 every effort to increase the procurement of equipment of
333

HR 2401 EH

1 the type needed to replace the equipment disposed of

2 under the authority provided by this section.’’.

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

4 at the beginning of such chapter is amended by adding

5 at the end the following new item:

‘‘4543. Disposal of property: authority to dispose of certain equipment.’’.

6 SEC. 831. REPORTS BY DEFENSE CONTRACTORS OF DEAL7 INGS WITH TERRORIST COUNTRIES.

8 (a) REPORT REQUIREMENT.—Whenever the Sec9 retary of Defense proposes to enter into a contract with

10 any person for an amount in excess of $500,000 for the

11 provision of goods or services to the Department of De12 fense, the Secretary shall require that person—

13 (1) before entering into the contract, to report

14 to the Secretary each commercial transaction which

15 that person has conducted with any terrorist country

16 during the preceding three years; and

17 (2) to report to the Secretary each commercial

18 transaction which that person conducts during the

19 course of the contract (but not after the date speci20 fied in subsection (f)) with any terrorist country.

21 The requirement contained in paragraph (2) shall be in22 cluded in the contract with the Department of Defense.

23 (b) REGULATIONS.—The Secretary of Defense shall

24 issue such regulations as may be necessary to carry out

25 this section.
334

HR 2401 EH

1 (c) ANNUAL REPORT TO CONGRESS.—The Secretary

2 of Defense shall submit to the Congress each year a report

3 setting forth those persons conducting commercial trans4 actions with terrorist countries as included in the reports

5 made pursuant to subsection (a) during the preceding fis6 cal year, the terrorist countries with which those trans7 actions were conducted, and the nature of those trans8 actions.

9 (d) TERRORIST COUNTRY DEFINED.—A country

10 shall be considered to be a terrorist country for purposes

11 of a contract covered by this section if the Secretary of

12 State has determined pursuant to law, as of the date that

13 is 60 days before the date on which the contract is signed,

14 that the government of that country is a government that

15 has repeatedly provided support for acts of international

16 terrorism.

17 (e) EFFECTIVE DATE.—This section shall apply with

18 respect to contracts entered into after the end of the 60-

19 day period beginning on the date of the enactment of this

20 Act.

21 (f) TERMINATION.—This section expires on Septem22 ber 30, 1996.
335

HR 2401 EH

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Office of the Secretary

5 of Defense

6 SEC. 901. ENHANCED POSITION FOR COMPTROLLER OF DE7 PARTMENT OF DEFENSE.

8 (a) IN GENERAL.—Chapter 4 of title 10, United

9 States Code, is amended—

10 (1) by redesignating sections 135, 136, 138,

11 139, 140, and 141 as sections 137, 138, 139, 140,

12 141, and 142, respectively; and

13 (2) by transferring section 137 (relating to the

14 Comptroller) so as to appear after section 134a, re15 designating that section as section 135, and amend16 ing that section by adding at the end the following

17 new subsection:

18 ‘‘(d) The Comptroller takes precedence in the Depart19 ment of Defense after the Under Secretary of Defense for

20 Policy.’’.

21 (b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section

22 5314 of title 5, United States Code, is amended by insert23 ing after the item relating to the Under Secretary of De24 fense for Policy the following:

25 ‘‘Comptroller of the Department of Defense.’’.
336

HR 2401 EH

1 (c) CONFORMING AMENDMENT.—Subsection (d) of

2 section 138 of title 10, United States Code, as redesig3 nated by subsection (a), is amended by inserting ‘‘and

4 Comptroller’’ after ‘‘Under Secretaries of Defense’’.

5 SEC. 902. NEW POSITION OF UNDER SECRETARY OF DE6 FENSE FOR PERSONNEL AND READINESS.

7 (a) IN GENERAL.—Chapter 4 of title 10, United

8 States Code, is amended by inserting after section 135,

9 as transferred and redesignated by section 901(a), the fol10 lowing new section:

11 ‘‘§ 136. Under Secretary of Defense for Personnel and

12 Readiness

13 ‘‘(a) There is an Under Secretary of Defense for Per14 sonnel and Readiness, appointed from civilian life by the

15 President, by and with the consent of the Senate.

16 ‘‘(b) Subject to the authority, direction, and control

17 of the Secretary of Defense, the Under Secretary of De18 fense for Personnel and Readiness shall perform such du19 ties and exercise such powers as the Secretary of Defense

20 may prescribe in the areas of military readiness, total

21 force management, military and civilian personnel require22 ments, military and civilian personnel training, military

23 and civilian family matters, exchange, commissary, and

24 nonappropriated fund activities, personnel requirements
337

HR 2401 EH

1 for weapons support, National Guard and reserve compo2 nents, and health affairs.

3 ‘‘(c) The Under Secretary of Defense for Personnel

4 and Readiness takes precedence in the Department of De5 fense after the Comptroller.’’.

6 (b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section

7 5314 of title 5, United States Code, is amended by insert8 ing after the item relating to the Comptroller of the De9 partment of Defense, as added by section 901(b), the fol10 lowing:

11 ‘‘Under Secretary of Defense for Personnel and

12 Readiness.’’.

13 (c) OFFSETTING REDUCTION IN NUMBER OF ASSIST14 ANT SECRETARY OF DEFENSE POSITIONS.—(1) Sub15 section (a) of section 138 of title 10, United States Code,

16 as redesignated by section 901(a), is amended by striking

17 out ‘‘eleven’’ and inserting in lieu thereof ‘‘ten’’.

18 (2) Section 5315 of title 5, United States Code, is

19 amended by striking out ‘‘Assistant Secretaries of Defense

20 (11)’’ and inserting in lieu thereof ‘‘Assistant Secretaries

21 of Defense (10)’’.
338

HR 2401 EH

1 SEC. 903. REDESIGNATION OF POSITIONS OF UNDER SEC2 RETARY AND DEPUTY UNDER SECRETARY OF

3 DEFENSE FOR ACQUISITION.

4 (a) REDESIGNATIONS.—The office of Under Sec5 retary of Defense for Acquisition in the Department of

6 Defense is hereby redesignated as Under Secretary of De7 fense for Acquisition and Technology. The office of Dep8 uty Under Secretary of Defense for Acquisition in the De9 partment of Defense is hereby redesignated as Deputy

10 Under Secretary of Defense for Acquisition and Tech11 nology.

12 (b) USD CHARTER AMENDMENTS.—(1) Section 133

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

14 out ‘‘Under Secretary of Defense for Acquisition’’ in sub15 sections (a), (b), and (e)(1) and inserting in lieu thereof

16 ‘‘Under Secretary of Defense for Acquisition and Tech17 nology’’.

18 (2) The heading for such section is amended to read

19 as follows:

20 ‘‘§ 133. Under Secretary of Defense for Acquisition

21 and Technology’’.

22 (c) DUSD CHARTER AMENDMENTS.—(1) Section

23 133a of such title is amended by striking out ‘‘Deputy

24 Under Secretary of Defense for Acquisition’’ in sub25 sections (a) and (b) and inserting in lieu thereof ‘‘Deputy
339

HR 2401 EH

1 Under Secretary of Defense for Acquisition and Tech2 nology’’.

3 (2) The heading for such section is amended to read

4 as follows:

5 ‘‘§ 133a. Deputy Under Secretary of Defense for Ac6 quisition and Technology’’.

7 (d) CONFORMING AMENDMENTS TO TITLE 10, UNIT8 ED STATES CODE.—(1) The following sections of title 10,

9 United States Code, are amended by striking out ‘‘Under

10 Secretary of Defense for Acquisition’’ each place such

11 term appears (including section headings) and inserting

12 in lieu thereof ‘‘Under Secretary of Defense for Acquisi13 tion and Technology’’: sections 134(c), 137(b) (as redesig14 nated by section 901(a)), 139 (as redesignated by section

15 901(a)), 171(a)(3), 179(a), 1702, 1703, 1707(a), 1722,

16 1735(c), 1737(c), 1741(b), 1746(a), 1761(b), 1762(a),

17 1763, 2304(f), 2308(b), 2325(b), 2329, 2350a, 2369,

18 2399(b), 2435(b), 2438(c), 2523(a), and 2534(b).

19 (2) The item relating to section 1702 in the table of

20 sections at the beginning of subchapter I of chapter 87

21 of such title is amended to read as follows:

‘‘1702. Under Secretary of Defense for Acquisition and Technology: authorities

and responsibilities.’’.

22 (3) Section 171(a)(8) of such title is amended by

23 striking out ‘‘Deputy Under Secretary of Defense for Ac-
340

HR 2401 EH

1 quisition’’ and inserting in lieu thereof ‘‘Deputy Under

2 Secretary of Defense for Acquisition and Technology’’.

3 (e) CONFORMING AMENDMENTS TO TITLE 5, UNIT4 ED STATES CODE.—(1) Section 5313 of title 5, United

5 States Code, is amended by striking out ‘‘Under Secretary

6 of Defense for Acquisition’’ and inserting in lieu thereof

7 ‘‘Under Secretary of Defense for Acquisition and Tech8 nology’’.

9 (2) Section 5314 of such title is amended by striking

10 out ‘‘Deputy Under Secretary of Defense for Acquisition’’

11 and inserting in lieu thereof ‘‘Deputy Under Secretary of

12 Defense for Acquisition and Technology’’.

13 (f) REFERENCES IN OTHER LAWS.—Any reference to

14 the Under Secretary of Defense for Acquisition or the

15 Deputy Under Secretary of Defense for Acquisition in any

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

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

18 States shall be treated as referring to the Under Secretary

19 of Defense for Acquisition and Technology or the Deputy

20 Under Secretary of Defense for Acquisition and Tech21 nology, respectively.
341

HR 2401 EH

1 SEC. 904. FURTHER CONFORMING AMENDMENTS TO CHAP2 TER 4 OF TITLE 10, UNITED STATES CODE.

3 (a) COMPOSITION OF OSD.—Subsection (b) of sec4 tion 131 of title 10, United States Code, is amended to

5 read as follows:

6 ‘‘(b) The Office of the Secretary of Defense is com7 posed of the following:

8 ‘‘(1) The Deputy Secretary of Defense.

9 ‘‘(2) The Under Secretary of Defense for Ac10 quisition and Technology.

11 ‘‘(3) The Under Secretary of Defense for Pol12 icy.

13 ‘‘(4) The Comptroller.

14 ‘‘(5) The Under Secretary of Defense for Per15 sonnel and Readiness.

16 ‘‘(6) The Director of Defense Research and En17 gineering.

18 ‘‘(7) The Assistant Secretaries of Defense.

19 ‘‘(8) The Director of Operational Test and

20 Evaluation.

21 ‘‘(9) The General Counsel of the Department of

22 Defense.

23 ‘‘(10) The Inspector General of the Department

24 of Defense.
342

HR 2401 EH

1 ‘‘(11) Such other offices and officials as may be

2 established by law or the Secretary of Defense may

3 establish or designate in the Office.’’.

4 (b) TABLE OF SECTIONS.—The table of sections at

5 the beginning of chapter 4 of such title is amended to read

6 as 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.’’.

7 SEC. 905. DIRECTOR OF OPERATIONAL TEST AND EVALUA8 TION.

9 Subsection (c) of section 139 of title 10, United

10 States Code, as redesignated by section 901(a)(1), is

11 amended—

12 (1) by striking out the first sentence;

13 (2) by striking out ‘‘Director of Defense Re14 search and Engineering’’ and inserting in lieu there15 of ‘‘Under Secretary of Defense for Acquisition and

16 Technology’’; and

17 (3) by striking out ‘‘research and development’’

18 and inserting in lieu thereof ‘‘acquisition’’.
343

HR 2401 EH

1 Subtitle B—Reserve Commands

2 SEC. 921. ARMY RESERVE COMMAND.

3 (a) ESTABLISHMENT AS A PERMANENT SEPARATE

4 ARMY COMMAND.—(1) Chapter 307 of title 10, United

5 States Code, as amended by section 519(a), is further

6 amended by inserting after section 3081 the following new

7 section:

8 ‘‘§ 3082. Army Reserve command

9 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

10 the Army an Army Reserve command, which shall be a

11 separate command of the Army. The Secretary of the

12 Army shall maintain that command with the advice and

13 assistance of the Chief of Staff of the Army.

14 ‘‘(b) COMMANDER.—The Chief of Army Reserve is

15 the commander of the Army Reserve command. The com16 mander of the Army Reserve command reports directly to

17 the Chief of Staff of the Army.

18 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

19 Army shall assign to the Army Reserve command all

20 forces of the Army Reserve.

21 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1)

22 The Chief of Staff of the Army shall establish standards,

23 evaluate units, validate units, and provide training assist24 ance for the Army Reserve in the areas of unit training,

25 readiness, and mobilization.
344

HR 2401 EH

1 ‘‘(2) The Chief of Staff shall establish training doc2 trine, with associated tasks, conditions, and standards, for

3 individual and unit training and shall establish standards,

4 control of certification, and validation for all courses, in5 structors, and students for the Army Reserve.

6 ‘‘(3) The commander of the Army Reserve command

7 shall be responsible for meeting the standards, and for

8 successfully complying with the evaluation, certification,

9 and validation requirements, established by the Chief of

10 Staff of the Army pursuant to paragraphs (1) and (2).’’.

11 (2) The table of sections at the beginning of such

12 chapter, as amended by section 519(b), is further amend13 ed by inserting after the item relating to section 3081 the

14 following new item:

‘‘3082. Army Reserve command.’’.

15 (b) CONFORMING REPEAL.—Section 903 of the Na16 tional Defense Authorization Act for Fiscal Year 1991

17 (Public Law 101–510; 104 Stat. 1620) (10 U.S.C. 3074

18 note) is repealed.

19 (c) TRANSITION PROVISION.—Not later than 90 days

20 after the date of the enactment of this Act, the Secretary

21 of the Army, in consultation with the Chief of Staff of

22 the Army, shall submit to the Committees on Armed Serv23 ices of the Senate and House of Representatives a report

24 on the plans of the Secretary of the Army for implementa25 tion of section 3082 of title 10, United States Code, as
345

HR 2401 EH

1 added by subsection (a). Such implementation shall begin

2 not later than 90 days after the date of the enactment

3 of this Act and shall be completed not later than one year

4 after such date.

5 SEC. 922. NAVAL RESERVE COMMAND.

6 (a) ESTABLISHMENT AS PERMANENT SEPARATE

7 NAVAL COMMAND.—Chapter 519 of title 10, United

8 States Code, is amended by adding at the end the follow9 ing new section:

10 ‘‘§ 5253. Naval Reserve command

11 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

12 the Navy a Naval Reserve command, which shall be a sep13 arate command of the Navy. The Secretary of the Navy

14 shall maintain that command with the advice and assist15 ance of the Chief of Naval Operations.

16 ‘‘(b) COMMANDER.—The Chief of Naval Reserve is

17 the commander of the Naval Reserve command. The com18 mander of the Naval Reserve command reports directly

19 to the Chief of Naval Operations.

20 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

21 Navy shall assign to the Naval Reserve command all forces

22 of the Naval Reserve other than those Naval Reserve

23 forces specifically assigned by the Secretary to the active

24 component of the Navy.
346

HR 2401 EH

1 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1)

2 The Chief of Naval Operations shall establish standards,

3 evaluate units, validate units, and provide training assist4 ance for the Naval Reserve in the areas of unit training,

5 readiness, and mobilization.

6 ‘‘(2) The Chief of Naval Operations shall establish

7 training doctrine, with associated tasks, conditions, and

8 standards, for individual and unit training and shall estab9 lish standards, control of certification, and validation for

10 all courses, instructors, and students for the Naval Re11 serve.

12 ‘‘(3) The commander of the Naval Reserve command

13 shall be responsible for meeting the standards, and for

14 successfully complying with the evaluation, certification,

15 and validation requirements, established by the Chief of

16 Naval Operations pursuant to paragraphs (1) and (2).’’.

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

18 at the beginning of such chapter is amended by adding

19 at the end the following new item:

‘‘5253. Naval Reserve command.’’.

20 SEC. 923. MARINE CORPS RESERVE COMMAND.

21 (a) ESTABLISHMENT AS PERMANENT SEPARATE MA22 RINE CORPS COMMAND.—Chapter 519 of title 10, United

23 States Code (as amended by section 922(a)), is further

24 amended by adding at the end the following new section:
347

HR 2401 EH

1 ‘‘§ 5254. Marine Corps Reserve command

2 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

3 the Marine Corps a Marine Corps Reserve command,

4 which shall be a separate command of the Marine Corps.

5 The Secretary of the Navy shall maintain that command

6 with the advice and assistance of the Commandant of the

7 Marine 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)

15 The Commandant shall establish standards, evaluate

16 units, validate units, and provide training assistance for

17 the Marine Corps Reserve in the areas of unit training,

18 readiness, and 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

25 command shall be responsible for meeting the standards,

26 and for successfully complying with the evaluation, certifi-
348

HR 2401 EH

1 cation, and validation requirements, established by the

2 Commandant to paragraphs (1) and (2).’’.

3 (2) The table of sections at the beginning of such

4 chapter (as amended by section 925(b)) is amended by

5 adding 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 follow10 ing new section:

11 ‘‘§ 8082. Air Force Reserve command

12 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

13 the Air Force an Air Force Reserve command, which shall

14 be a separate command of the Air Force. The Secretary

15 of the Air Force shall maintain that command with the

16 advice and assistance of the Chief of Staff of the Air

17 Force.

18 ‘‘(b) COMMANDER.—The Chief of Air Force Reserve

19 is the commander of the Air Force Reserve command. The

20 commander of the Air Force Reserve command reports di21 rectly to the Chief of Staff of the Air Force.

22 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the

23 Air Force shall assign to the Air Force Reserve command

24 all forces of the Air Force Reserve.
349

HR 2401 EH

1 ‘‘(d) ESTABLISHMENT OF RESPONSIBILITY.—(1)

2 The Chief of Staff of the Air Force shall establish stand3 ards, evaluate units, validate units, and provide training

4 assistance for the Air Force Reserve in the areas of unit

5 training, readiness, and mobilization.

6 ‘‘(2) The Chief of Staff shall establish training doc7 trine, with associated tasks, conditions, and standards, for

8 individual and unit training and shall establish standards,

9 control of certification, and validation for all courses, in10 structors, and students for the Air Force Reserve.

11 ‘‘(3) The commander of the Air Force Reserve com12 mand shall be responsible for meeting the standards, and

13 for successfully complying with the evaluation, certifi14 cation, and validation requirements, established by the

15 Chief of Staff of the Air Force pursuant to paragraphs

16 (1) and (2).’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following

19 new item:

‘‘8082. Air Force Reserve command.’’.
350

HR 2401 EH

1 Subtitle C—Professional Military

2 Education

3 SEC. 931. AUTHORITY FOR AWARD BY NATIONAL DEFENSE

4 UNIVERSITY OF CERTAIN MASTER OF

5 SCIENCE DEGREES.

6 (a) IN GENERAL.—Chapter 108 of title 10, United

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

9 ‘‘§ 2163. National Defense University: masters of

10 science in national security strategy and

11 in national resource strategy

12 ‘‘(a) NATIONAL WAR COLLEGE DEGREE.—The

13 President of the National Defense University, upon the

14 recommendation of the faculty and commandant of the

15 National War College, may confer the degree of master

16 of science of national security strategy upon graduates of

17 the National War College who fulfill the requirements for

18 the degree.

19 ‘‘(b) ICAF DEGREE.—The President of the National

20 Defense University, upon the recommendation of the fac21 ulty and commandant of the Industrial College of the

22 Armed Forces, may confer the degree of master of science

23 of national resource strategy upon graduates of the Indus24 trial College of the Armed Forces who fulfill the require25 ments for the degree.
351

HR 2401 EH

1 ‘‘(c) REGULATIONS.—The authority provided by sub2 sections (a) and (b) shall be exercised under regulations

3 prescribed by the Secretary of Defense.’’.

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

5 at the beginning of such chapter is amended by adding

6 at the end the following new item:

‘‘2163. National Defense University: masters of science in national security

strategy and in national resource strategy.’’.

7 SEC. 932. REDESIGNATION OF ARMED FORCES STAFF COL8 LEGE.

9 The Armed Forces Staff College at Norfolk, Virginia,

10 shall after the date of the enactment of this Act be known

11 and designated as the ‘‘Joint Armed Forces Staff Col12 lege’’.

13 SEC. 933. LOCATION FOR NEW JOINT WARFIGHTING CEN14 TER.

15 The Secretary of Defense shall provide for the Joint

16 Warfighting Center (established by the Secretary on July

17 1, 1993, to assist the Chairman of the Joint Chiefs of

18 Staff and other senior military officers in the preparation

19 for joint warfare) to be located at the Joint Armed Forces

20 Staff College in Norfolk, Virginia.
352

HR 2401 EH

1 SEC. 934. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEM2 BERS AT GEORGE C. MARSHALL EUROPEAN

3 CENTER FOR SECURITY STUDIES.

4 (a) IN GENERAL.—(1) Section 1595 of title 10, Unit5 ed States Code, is amended to read as follows:

6 ‘‘§ 1595. Civilian faculty members at certain Depart7 ment of Defense schools: employment and

8 compensation

9 ‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of

10 Defense may employ as many civilians as professors, in11 structors, and lecturers at the institutions specified in sub12 section (c) as the Secretary considers necessary.

13 ‘‘(b) COMPENSATION OF FACULTY MEMBERS.—The

14 compensation of persons employed under this section shall

15 be as prescribed by the Secretary.

16 ‘‘(c) COVERED INSTITUTIONS.—This section applies

17 with respect to the following institutions of the Depart18 ment of Defense:

19 ‘‘(1) The National Defense University.

20 ‘‘(2) The Foreign Language Center of the De21 fense Language Institute.

22 ‘‘(3) The George C. Marshall European Center

23 for Security Studies.

24 ‘‘(d) APPLICATION TO FACULTY MEMBERS AT

25 NDU.—In the case of the National Defense University,

26 this section applies with respect to persons selected by the
353

HR 2401 EH

1 Secretary for employment as professors, instructors, and

2 lecturers at the National Defense University after Feb3 ruary 27, 1990.

4 ‘‘(e) COMPOSITION OF NATIONAL DEFENSE UNIVER5 SITY.—For purposes of this section, the National Defense

6 University includes the National War College, the Armed

7 Forces Staff College, the Institute for National Strategic

8 Study, and the Industrial College of the Armed Forces.’’.

9 (2) The item relating to such section in the table of

10 sections at the beginning of chapter 81 of such title is

11 amended to read as follows:

‘‘1595. Civilian faculty members at certain Department of Defense schools: employment and compensation.’’.

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

13 subsection (a) take effect on October 1, 1993.

14 Subtitle D—Other Matters

15 SEC. 941. ASSIGNMENT OF RESERVE FORCES.

16 (a) UNIFIED COMMANDS.—Section 162(a) of title 10,

17 United States Code, is amended by inserting ‘‘(other than

18 forces of the reserve components)’’ after ‘‘all forces under

19 their jurisdiction’’.

20 (b) SPECIAL OPERATIONS COMMAND.—Section

21 167(b) of such title is amended by striking out ‘‘and re22 serve’’.
354

HR 2401 EH

1 SEC. 942. MORATORIUM ON MERGER OF SPACE COMMAND

2 AND STRATEGIC COMMAND.

3 (a) MORATORIUM.—During the period beginning on

4 the date of the enactment of this Act and ending on De5 cember 1, 1994—

6 (1) the United States Space Command may not

7 be merged with the United States Strategic Com8 mand; and

9 (2) no element or component of the United

10 States Space Command (as constituted on the date

11 of the enactment of this Act) may be transferred to

12 the United States Strategic Command.

13 (b) GAO REPORT.—Not later than March 1, 1994,

14 the Comptroller General of the United States shall submit

15 to Congress a report on the costs and benefits of merging

16 the United States Space Command with the United States

17 Strategic Command. The matters to be addressed by the

18 Comptroller General in the report shall include (1) cost

19 savings and other efficiencies which could be achieved

20 through such a merger, as well as any disadvantages of

21 such a merger, (2) the record of any problems associated

22 with the performance of the functions of the Space Com23 mand and of the Strategic Command when those functions

24 have been vested in the same organization in the past, and

25 (3) the degree to which any such proposed merger de-
355

HR 2401 EH

1 creases the organizational visibility and priority of space2 related issues within the Department of Defense.

3 SEC. 943. SECURITY CLEARANCES FOR CIVILIAN EMPLOY4 EES.

5 (a) IN GENERAL.—(1) Chapter 81 of title 10, United

6 States Code, is amended by inserting after section 1581

7 the following new section:

8 ‘‘§ 1582. Security clearances: procedural safeguards

9 for denial or revocation

10 ‘‘Under regulations to be prescribed by the Secretary

11 of Defense, civilian employees of the Department of De12 fense shall be entitled to the same procedural safeguards

13 with respect to the denial or revocation of security clear14 ances as are afforded to employees of defense contractors

15 under Executive Order 10865 (50 U.S.C. 401 note), enti16 tled ‘Safeguarding Classified Information Within Indus17 try’, as in effect on July 1, 1993.’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by inserting after the item relating

20 to section 1581 the following new item:

‘‘1582. Security clearances: procedural safeguards for denial or revocation.’’.

21 (b) EFFECTIVE DATE.—Section 1582 of title 10,

22 United States Code, as added by subsection (a), shall

23 apply with respect to the denial or revocation of a security

24 clearance after the date of the enactment of this Act.
356

HR 2401 EH

1 (c) DEADLINE.—The regulations required by section

2 1582 of title 10, United States Code, as added by sub3 section (a), shall be prescribed not later than 180 days

4 after the date of the enactment of this Act.

5 SEC. 944. PROGRAM FOR VIDEOTAPING OF INVESTIGATIVE

6 INTERVIEWS.

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

8 carry out a program for the videotaping of subject and

9 witness interviews by military criminal investigative orga10 nizations, as determined appropriate by the Secretary.

11 (b) STARTUP COSTS.—The Secretary shall direct

12 that, of amounts available to the Department of Defense

13 for fiscal year 1994 for operations and maintenance,

14 $2,500,000 shall be allocated for the purchase of video

15 equipment for use in the program under subsection (a)

16 and for necessary modifications to interrogation facilities

17 to accommodate that equipment.

18 (b) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA19 TIONS.—For purposes of subsection (a), the military

20 criminal investigative organizations are the following:

21 (1) The Defense Criminal Investigative Service.

22 (2) The Criminal Investigative Division of the

23 Department of the Army.

24 (3) The Naval Criminal Investigative Service of

25 the Department of the Navy.
357

HR 2401 EH

1 (4) The Office of Special Investigations of the

2 Department of the Air Force.

3 SEC. 945. FLEXIBILITY IN ADMINISTERING REQUIREMENT

4 FOR ANNUAL FOUR PERCENT REDUCTION IN

5 NUMBER OF PERSONNEL ASSIGNED TO

6 HEADQUARTERS AND HEADQUARTERS SUP7 PORT ACTIVITIES.

8 Section 906(a) of the National Defense Authorization

9 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

10 1622) is amended by adding at the end the following: ‘‘If

11 the number by which the number of such personnel is re12 duced during any of fiscal years 1991, 1992, 1993, or

13 1994 is greater than the number required under the pre14 ceding sentence, the excess number from that fiscal year

15 may be applied by the Secretary toward the required re16 duction during a subsequent fiscal year (so that the total

17 reduction under this section need not exceed the number

18 equal to five times the required reduction number specified

19 under the preceding sentence).’’.

20 SEC. 946. ENHANCED FLEXIBILITY RELATING TO REQUIRE21 MENTS FOR SERVICE IN A JOINT DUTY AS22 SIGNMENT.

23 (a) EXTENSION OF AUTHORITY FOR JOINT DUTY

24 EQUIVALENCY WAIVER.—Section 619(e)(2) of title 10,

25 United States Code, is amended—
358

HR 2401 EH

1 (1) by striking out ‘‘paragraph (1)—’’ and in2 serting in lieu thereof ‘‘paragraph (1) in the follow3 ing circumstances:’’;

4 (2) by capitalizing the first letter of the first

5 word in each of subparagraphs (A) through (D);

6 (3) by striking out the semicolon at the end of

7 subparagraphs (A), (B), and (C) and inserting in

8 lieu thereof a period;

9 (4) by striking out ‘‘; and’’ at the end of sub10 paragraph (D) and inserting in lieu thereof a period;

11 and

12 (5) by striking out subparagraph (E) and in13 serting in lieu thereof the following:

14 ‘‘(E) Until January 1, 1998, in the case of an

15 officer who served in an assignment (other than a

16 joint duty assignment) that began before October 1,

17 1986, and that involved significant experience in

18 joint matters (as determined by the Secretary) if the

19 officer served in that assignment for a period of suf20 ficient duration (which may not be less than 12

21 months) for the officer’s service to have been consid22 ered a full tour of duty under the policies and regu23 lations in effect on September 30, 1986.’’.

24 (b) REQUIREMENT FOR JOINT DUTY ASSIGNMENT

25 FOR GENERAL AND FLAG OFFICERS RECEIVING JOINT
359

HR 2401 EH

1 DUTY EQUIVALENCY WAIVER.—Section 619 of such title

2 is further amended by adding at the end the following new

3 subsection:

4 ‘‘(f)(1) An officer who receives a waiver under para5 graph (2)(E) of subsection (e) by reason of service de6 scribed in that paragraph that began before October 1,

7 1986, may not (except as provided in paragraph (2)) be

8 appointed to the grade of major general or rear admiral

9 until the officer completes a full tour of duty in a joint

10 duty assignment.

11 ‘‘(2) The Secretary of Defense may on a case-by-case

12 basis delay the requirement under paragraph (1) for com13 pletion of a full tour of duty in a joint duty assignment

14 in the case of an officer selected for promotion to the

15 grade of major general or rear admiral so that such a tour

16 of duty is completed while the officer is serving in that

17 grade. Any such delay may be granted only in a case in

18 which the Secretary determines, and certifies to Congress,

19 that it is necessary that the requirement for service by

20 general and flag officers in a joint duty assignment be de21 ferred in the case of that particular officer because of a

22 lack of available billets for officers in the grade of briga23 dier general or rear admiral (lower half) that are joint

24 duty assignment positions.
360

HR 2401 EH

1 ‘‘(3) The delegation limitations in paragraph (3)(C)

2 of subsection (e) shall apply to the authority provided in

3 paragraph (2).’’.

4 (c) REPORT ON PLANS FOR COMPLIANCE WITH SEC5 TION 619(e).—(1) Not later than January 1, 1994, the

6 Secretary of Defense shall certify to Congress that the

7 Army, Navy, Air Force, and Marine Corps have each de8 veloped and implemented a plan for their officer personnel

9 assignment and promotion policies so as to ensure compli10 ance with the requirements of section 619(e) of title 10,

11 United States Code, as amended by subsection (a). Each

12 such plan should particularly ensure that by January 1,

13 1998, the service covered by the plan shall have enough

14 officers who have completed a full tour of duty in a joint

15 duty assignment so as to permit the orderly promotion of

16 officers to brigadier general or, in the case of the Navy,

17 rear admiral (lower half).

18 (2) The Secretary of Defense shall include as part

19 of the information submitted to Congress pursuant to sec20 tion 667 of title 10, United States Code, for each of the

21 next five years after the date of the enactment of this Act

22 the following:

23 (A) The degree of progress made toward meet24 ing the requirements of section 619(e) of title 10,

25 United States Code.
361

HR 2401 EH

1 (B) The compliance achieved with each of the

2 plans developed pursuant to paragraph (1).

3 (d) REVISION OF SERVING-IN WAIVER.—Section

4 619(e)(2) of title 10, United States Code, as amended by

5 subsection (a), is further amended by adding at the end

6 the following:

7 ‘‘(F) In the case of an officer selected by a pro8 motion board for appointment to the grade of briga9 dier general or rear admiral (lower half) while serv10 ing in a joint duty assignment, of which no less than

11 six months have been completed on the date on

12 which the officer is selected by that selection board,

13 and who subsequently completes no less than two

14 years in that joint duty assignment.’’.

15 (e) DESERT STORM JOINT DUTY CREDIT.—(1) Sec16 tion 933(a)(1) of the National Defense Authorization Act

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

18 2476; 10 U.S.C. 644 note) is amended by striking out

19 ‘‘chapter 38 of’’ and inserting in lieu thereof ‘‘any provi20 sion of’’.

21 (2) Any joint duty service credit given to an officer

22 under section 933(a)(1) of the National Defense Author23 ization Act for Fiscal Year 1993 before the date of the

24 enactment of this Act may be applied to any provision of

25 title 10, United States Code.
362

HR 2401 EH

1 (f) CORRECTION OF SPELLING MISTAKE.—Section

2 1305(b)(1)(B) of Public Law 100–180 (10 U.S.C. 619

3 note) is amended by striking out ‘‘nuclear populsion’’ and

4 inserting in lieu thereof ‘‘nuclear propulsion’’.

5 SEC. 947. FLEXIBILITY FOR REQUIRED POST-EDUCATION

6 JOINT DUTY ASSIGNMENT.

7 (a) IN GENERAL.—Subsection (d) of section 663 of

8 title 10, United States Code, is amended to read as fol9 lows:

10 ‘‘(d) POST-EDUCATION JOINT DUTY ASSIGN11 MENTS.—(1) The Secretary of Defense shall ensure that

12 each officer with the joint specialty who graduates from

13 a joint professional military education school shall be as14 signed to a joint duty assignment for that officer’s next

15 duty assignment after such graduation (unless the officer

16 receives a waiver of that requirement by the Secretary in

17 an individual case).

18 ‘‘(2)(A) The Secretary of Defense shall ensure that

19 a high proportion (which shall be greater than 50 percent)

20 of the officers graduating from a joint professional mili21 tary education school who do not have the joint specialty

22 shall receive assignments to a joint duty assignment as

23 their next duty assignment after such graduation or, to

24 the extent authorized in subparagraph (B), as their second

25 duty assignment after such graduation.
363

HR 2401 EH

1 ‘‘(B) The Secretary may, if the Secretary determines

2 that it is necessary to do so for the efficient management

3 of officer personnel, establish procedures to allow up to

4 one-half of the officers subject to the duty assignment re5 quirement in subparagraph (A) to be assigned to a joint

6 duty assignment as their second (rather than first) assign7 ment after such graduation from a joint professional mili8 tary education school.’’.

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

10 subsection (a) shall apply with respect to officers graduat11 ing from joint professional military education schools after

12 the date of the enactment of this Act.

13 SEC. 948. REPORT ON OPTIONS FOR ORGANIZATIONAL

14 STRUCTURE FOR IMAGERY COLLECTION

15 FUNCTIONS.

16 (a) REPORT.—Not later than 90 days after the date

17 of the enactment of this Act, the Secretary of Defense

18 shall submit to the committees specified in subsection (e)

19 a report containing an assessment of options for the orga20 nization of intelligence elements of the Government for the

21 management of central imagery functions. The report

22 shall be prepared in consultation with the Director of

23 Central Intelligence.
364

HR 2401 EH

1 (b) OPTIONS TO BE CONSIDERED.—Options consid2 ered for the purposes of the assessment under subsection

3 (a) shall include the following:

4 (1) Carrying out the management of central im5 agery functions through the Central Imagery Office

6 of the Department of Defense as constituted on the

7 date of the enactment of this Act.

8 (2) Consolidation within the Defense Intel9 ligence Agency of the central imagery functions car10 ried out as of the date of the enactment of this Act

11 through the Central Imagery Office of the Depart12 ment of Defense (as constituted on the date of the

13 enactment of this Act).

14 (3) Any other option identified by the Secretary

15 of Defense and the Director of Central Intelligence.

16 (c) BASIS FOR EVALUATION OF OPTIONS.—Each op17 tion identified under subsection (b) shall be evaluated on

18 the basis of—

19 (1) organizational efficiency;

20 (2) cost savings that could be realized through

21 consolidation and through sharing of overhead re22 sources; and

23 (3) any other criteria determined by the Sec24 retary of Defense and the Director of Central Intel25 ligence.
365

HR 2401 EH

1 (d) RESTRICTION PENDING SUBMISSION OF RE2 PORT.—Unless otherwise directed by law, neither the Sec3 retary of Defense nor the Director of Central Intelligence

4 may take any action to carry out the elimination, consoli5 dation, or restructuring of the Central Imagery Office of

6 the Department of Defense (as constituted on the date

7 of the enactment of this Act) before the report under sub8 section (a) is submitted.

9 (e) COMMITTEES TO WHICH REPORT IS TO BE SUB10 MITTED.—The report required by subsection (a) shall be

11 submitted to the Committees on Armed Services of the

12 Senate and House of Representatives and to the Select

13 Committee on Intelligence of the Senate and the Perma14 nent Select Committee on Intelligence of the House of

15 Representatives.

16 (f) DEFINITION.—For purposes of this section, the

17 term ‘‘imagery collection functions’’ means the intelligence

18 functions of tasking imagery collection, production of im19 agery analysis, and dissemination of imagery analysis.

20 SEC. 949. REPORT ON DEPARTMENT OF DEFENSE BOTTOM

21 UP REVIEW.

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

23 shall submit, in classified and unclassified forms, to the

24 Committees on Armed Services of the Senate and House

25 of Representatives a report on the comprehensive review
366

HR 2401 EH

1 of Department of Defense activities ordered by the Sec2 retary of Defense and identified as the ‘‘Bottom Up Re3 view’’ (hereinafter in this section referred to as the ‘‘Re4 view’’). The report shall include the following information:

5 (1) A statement of the goals and objectives of

6 the Review.

7 (2) The principal findings and recommenda8 tions of the Review.

9 (3) A presentation of the process, structure,

10 and scope of the Review, including all programs and

11 policies examined by the Review.

12 (4) The various force structure, strategy, budg13 etary and programmatic options considered as part

14 of the Review.

15 (5) A description of any threat assessment or

16 defense planning scenario used in conducting the

17 Review.

18 (6) The criteria used in the development, re19 view, and selection of the alternative strategy, force

20 structure, programmatic, budgetary, and other op21 tions considered in the Review.

22 (7) Presentation of changes as a result of the

23 Review in each of the following:

24 (A) The National Security Strategy of the

25 United States, as described in the January
367

HR 2401 EH

1 1993, report entitled ‘‘National Security Strat2 egy of the United States’’, issued by former

3 President Bush.

4 (B) The National Military Strategy of the

5 United States, including changes in the four

6 key elements of the new National Military

7 Strategy announced by former President Bush

8 on August 2, 1990, and described in the Janu9 ary 1993 report entitled, ‘‘Annual Report to the

10 President and the Congress’’ from former Sec11 retary of Defense Dick Cheney, namely, strate12 gic deterrence and defense, forward presence,

13 crisis response, and reconstitution.

14 (C) Alliance structures or overseas force

15 presence and commitments and any changes in

16 the level of support by the United States Armed

17 Forces for peacekeeping and peacemaking mis18 sions, humanitarian activities, domestic civil

19 functions, drug interdiction, support to inter20 national organizations such as the United Na21 tions, and other areas such as conversion and

22 reinvestment.

23 (D) The military force structure, as de24 scribed in the January 1993 report entitled

25 ‘‘Annual Report to the President and the Con-
368

HR 2401 EH

1 gress’’ from former Secretary of Defense Dick

2 Cheney.

3 (E) The roles and functions of the military

4 departments and the roles and functions of the

5 unified commands as set out in the Unified

6 Command Plan.

7 (F) Cost, schedule, and inventory objec8 tives for major defense acquisition programs (as

9 defined in section 2430 of title 10, United

10 States Code) altered as a result of the Review.

11 (G) The defense industrial base of the

12 United States, including the effect on key de13 fense industrial sectors such as the nuclear pro14 pulsion industrial base, the armored vehicle in15 dustrial base, tactical aviation, and shipyards

16 for both conventional-powered and nuclear-pow17 ered vessels.

18 (b) DEADLINE.—The report required by subsection

19 (a) shall be submitted not later than the earlier of (1) the

20 date on which the President’s budget for fiscal year 1995

21 budget is submitted to Congress pursuant to section 1105

22 of title 31, United States Code, and (2) the end of the

23 90-day period beginning on the date of the enactment of

24 this Act.
369

HR 2401 EH

1 SEC. 950. REINVESTIGATION BY DEFENSE INSPECTOR GEN2 ERAL OF CERTAIN CASES OF DEATH OF MEM3 BERS OF THE ARMED FORCES BY SELF-IN4 FLICTED WOUNDS.

5 (a) IN GENERAL.—The Inspector General of the De6 partment of Defense shall conduct a reinvestigation of the

7 death of any member of the Armed Forces who died while

8 on active duty after January 1, 1982, from a wound deter9 mined to be self-inflicted (whether by accident or inten10 tion) in any case in which the immediate family members

11 of the deceased servicemember request the reinvestigation

12 based upon allegations grounded in new evidence or well13 founded suspicions of an incomplete or inadequate pre14 vious investigation.

15 (b) EXPERT SERVICES.—In carrying out any such

16 reinvestigation, the Inspector General may obtain nec17 essary expert services (such as the services of pathologists

18 and ballistics experts) from sources outside the Depart19 ment of Defense.

20 (c) FINDINGS AND RECOMMENDATIONS.—The In21 spector General shall prepare a report on each case inves22 tigated under this section. Based upon the findings and

23 conclusions in such report, the Secretary of the military

24 department concerned shall take such actions as the Sec25 retary determines to be appropriate, including actions to

26 correct the record of the deceased servicemember and ac-
370

HR 2401 EH

1 tions to institute disciplinary proceedings against other

2 servicemembers relating to the circumstances of the death

3 investigated or to the conduct of earlier investigations of

4 that death.

5 (d) FURNISHING OF REPORT TO FAMILY.—In each

6 case of an investigation under this section, the Inspector

7 General shall furnish a copy of the report on the investiga8 tion to the family members of the individual whose death

9 was investigated in accordance with section 1072 of the

10 National Defense Authorization Act for Fiscal Year 1993

11 (Public Law 102–484; 106 Stat. 2508).

12 SEC. 951. PROHIBITION OF TRANSFER OF NAVAL ACADEMY

13 PREPARATORY SCHOOL.

14 During fiscal year 1994, the Secretary of the Navy

15 may not transfer the Naval Academy Preparatory School

16 from Newport, Rhode Island, to Annapolis, Maryland, or

17 expend any funds for any work (including preparation of

18 an architectural engineering study, design work, or con19 struction or modification of any structure) in preparation

20 for such a transfer.

21 TITLE X—GENERAL PROVISIONS

22 Subtitle A—Financial Matters

23 SEC. 1001. TRANSFER AUTHORITY.

24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

25 (1) Upon determination by the Secretary of Defense that
371

HR 2401 EH

1 such action is necessary in the national interest, the Sec2 retary may transfer amounts of authorizations made avail3 able to the Department of Defense in this division for fis4 cal year 1994 between any such authorizations for that

5 fiscal year (or any subdivisions thereof). Amounts of au6 thorizations so transferred shall be merged with and be

7 available for the same purposes as the authorization to

8 which transferred.

9 (2) The total amount of authorizations that the Sec10 retary of Defense may transfer under the authority of this

11 section may not exceed $2,000,000,000.

12 (b) LIMITATIONS.—The authority provided by this

13 section to transfer authorizations—

14 (1) may only be used to provide authority for

15 items that have a higher priority than the items

16 from which authority is transferred; and

17 (2) may not be used to provide authority for an

18 item that has been denied authorization by Con19 gress.

20 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

21 transfer made from one account to another under the au22 thority of this section shall be deemed to increase the

23 amount authorized for the account to which the amount

24 is transferred by an amount equal to the amount trans25 ferred.
372

HR 2401 EH

1 (d) NOTICE TO CONGRESS.—The Secretary of De2 fense shall promptly notify Congress of transfers made

3 under the authority of this section.

4 SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.

5 No funds are authorized to be appropriated under

6 this Act for the Federal Bureau of Investigation.

7 SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.

8 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

9 Annex prepared by the Committee on Armed Services to

10 accompany the bill H.R. 2401 of the One Hundred Third

11 Congress and transmitted to the President is hereby incor12 porated into this Act.

13 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

14 ACT.—The amounts specified in the Classified Annex are

15 not in addition to amounts authorized to be appropriated

16 by other provisions of this Act.

17 (c) LIMITATION ON USE OF FUNDS.—Funds appro18 priated pursuant to an authorization contained in this Act

19 that are made available for a program, project, or activity

20 referred to in the Classified Annex may only be expended

21 for such program, project, or activity in accordance with

22 such terms, conditions, limitations, restrictions, and re23 quirements as are set out for that program, project, or

24 activity in the Classified Annex.
373

HR 2401 EH

1 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

2 President shall provide for appropriate distribution of the

3 Classified Annex, or of appropriate portions of the annex,

4 within the executive branch of the Government.

5 SEC. 1004. DEFENSE COOPERATION ACCOUNT.

6 (a) REVISION IN AUDIT REQUIREMENT.—Subsection

7 (i) of section 2608 of title 10, United States Code, is

8 amended to read as follows:

9 ‘‘(i) PERIODIC AUDITS BY GAO.—The Comptroller

10 General of the United States shall make periodic audits

11 of money and property accepted under this section, at such

12 intervals as the Comptroller General determines to be war13 ranted. The Comptroller General shall submit to Congress

14 a report on the results of each such audit.’’.

15 (b) CLERICAL AMENDMENTS.—(1) The heading of

16 such section is amended to read as follows:

17 ‘‘§ 2608. Acceptance of contributions for defense pro18 grams, projects, and activities; Defense

19 Cooperation Account’’.

20 (2) The item relating to such section in the table of

21 sections at the beginning of chapter 155 of such title is

22 amended to read as follows:

‘‘2608. Acceptance of contributions for defense programs, projects, and activities; Defense Cooperation Account.’’.
374

HR 2401 EH

1 SEC. 1005. HUMANITARIAN AND CIVIC ASSISTANCE.

2 (a) REGULATIONS.—The regulations required to be

3 prescribed under section 401 of title 10, United States

4 Code, shall be prescribed not later than March 1, 1994.

5 In prescribing such regulations, the Secretary of Defense

6 shall consult with the Secretary of State.

7 (b) LIMITATION ON USE OF FUNDS.—Section

8 401(c)(2) of title 10, United States Code, is amended by

9 inserting before the period the following: ‘‘, except that

10 funds appropriated to the Department of Defense for op11 eration and maintenance other than funds appropriated

12 pursuant to such paragraph may be obligated for humani13 tarian and civic assistance under this section only for inci14 dental costs of carrying out such assistance’’.

15 (c) NOTIFICATIONS REGARDING HUMANITARIAN RE16 LIEF.—Any notification provided to the appropriate con17 gressional committees with respect to assistance activities

18 under section 2551 of title 10, United States Code, shall

19 include a detailed description of any items for which trans20 portation is provided that are excess nonlethal supplies of

21 the Department of Defense, including the quantity, acqui22 sition value, and value at the time of the transportation

23 of such items.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds

25 are hereby authorized to be appropriated to carry out hu26 manitarian and civic assistance activities under sections
375

HR 2401 EH

1 401, 402, and 2551 of title 10, United States Code, in

2 the amount of $58,000,000 for fiscal year 1994.

3 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.—

4 In this section, the term ‘‘appropriate congressional com5 mittees’’ means—

6 (1) the Committee on Appropriations, the Com7 mittee on Armed Services, and the Committee on

8 Foreign Affairs of the House of Representatives;

9 and

10 (2) the Committee on Appropriations, the Com11 mittee on Armed Services, and the Committee on

12 Foreign Relations of the Senate.

13 SEC. 1006. LIMITATION ON TRANSFERRING DEFENSE

14 FUNDS TO OTHER DEPARTMENTS AND AGEN15 CIES.

16 Section 1604 of Public Law 101–189 (103 Stat.

17 1598) is amended by striking out ‘‘a report’’ and all that

18 follows and inserting in lieu thereof ‘‘a certification that

19 making those funds available to such other department or

20 agency is in the national security interest of the United

21 States.’’.

22 SEC. 1007. SENSE OF CONGRESS CONCERNING DEFENSE

23 BUDGET PROCESS.

24 It is the sense of Congress that any future five-year

25 defense plan—
376

HR 2401 EH

1 (1) should be based on an objective assessment

2 of United States national security requirements and

3 be resourced at a level capable of protecting and

4 promoting our Nation’s interests; and

5 (2) should be based on financial integrity and

6 accountability to ensure a fully funded defense pro7 gram necessary to maintain a ready and capable

8 force.

9 SEC. 1008. FUNDING STRUCTURE FOR CONTINGENCY OPER10 ATIONS.

11 (a) IN GENERAL.—Chapter 3 of title 10, United

12 States Code, is amended by inserting after section 127 the

13 following new section:

14 ‘‘§ 127a. Expenses for contingency operations

15 ‘‘(a) DESIGNATION OF NATIONAL CONTINGENCY OP16 ERATIONS.—The funding procedures prescribed by this

17 section apply with respect to any operation involving the

18 armed forces that is designated by the Secretary of De19 fense as a National Contingency Operation. Whenever the

20 Secretary designates an operation as a National Contin21 gency Operation, the Secretary shall promptly transmit

22 notice of that designation in writing to Congress. This sec23 tion does not provide authority for the President or the

24 Secretary of Defense to carry out an operation, but applies

25 to the Department of Defense mechanisms by which funds
377

HR 2401 EH

1 are provided for operations that the armed forces are re2 quired to carry out under some other authority.

3 ‘‘(b) WAIVER OF REQUIREMENT TO REIMBURSE

4 SUPPORT UNITS.—(1) When an operating unit of the

5 Armed Forces participating in a National Contingency

6 Operation receives support services from a support unit

7 of the Armed Forces that operates through the Defense

8 Business Operations Fund (or a successor fund), that op9 erating unit need not reimburse that support unit for the

10 incremental costs incurred by the support unit in provid11 ing such support, notwithstanding any other provision of

12 law or Government accounting practice.

13 ‘‘(2) The amounts which but for paragraph (1) would

14 be required to be reimbursed to a support unit shall be

15 recorded as an expense attributable to the operation and

16 shall be accounted for separately.

17 ‘‘(c) OBLIGATIONAL LIMITATIONS.—(1) Obligations

18 attributable to a National Contingency Operation for

19 which customary reimbursement requirements are not ap20 plicable by reason of subsection (b) may not be made in

21 excess of $20,000,000 until the President submits to Con22 gress notice of the intention to make such obligations in

23 excess of $20,000,000.

24 ‘‘(2) Upon such notification under paragraph (1), an

25 additional $20,000,000 in obligations attributable to that
378

HR 2401 EH

1 operation for which customary reimbursement require2 ments are not applicable by reason of subsection (b) may

3 be made.

4 ‘‘(3) Obligations attributable to a National Contin5 gency Operation for which customary reimbursement re6 quirements are not applicable by reason of subsection (b)

7 may be made in excess of $40,000,000—

8 ‘‘(A) only after the end of the 30-day period be9 ginning on the date on which a presidential notifica10 tion is submitted under paragraph (2); and

11 ‘‘(B) only if during that 30-day period a joint

12 resolution described in subsection (i) is not enacted

13 into law.

14 ‘‘(4) The President may waive the limitation in para15 graph (3) in the case of any National Contingency Oper16 ation with respect to which the President has declared a

17 national emergency.

18 ‘‘(d) NOTIFICATION AND PLAN FOR LARGE-SCALE

19 OPERATIONS.—(1) Within two months of the beginning

20 of any large-scale or long-term National Contingency Op21 eration, the President shall submit to Congress a financial

22 plan for the operation that sets forth the manner by which

23 the President proposes to obtain funds for the full cost

24 to the United States of the operation.
379

HR 2401 EH

1 ‘‘(2) For purposes of this subsection, a large-scale or

2 long-term National Contingency Operation is an operation

3 designated as a National Contingency Operation that was

4 not anticipated and programmed for in the budget for the

5 current fiscal year and which is expected—

6 ‘‘(A) to have a duration in excess of three

7 months; or

8 ‘‘(B) to have an incremental cost to the Depart9 ment of Defense in excess of $100,000,000.

10 ‘‘(e) INCREMENTAL COSTS.—For purposes of this

11 section, incremental costs of the Department of Defense

12 with respect to an operation are the costs that are directly

13 attributable to the operation and that are otherwise

14 chargeable to accounts available for operation and mainte15 nance or for military personnel. Any costs which are other16 wise chargeable to accounts available for procurement may

17 not be considered to be incremental costs for purposes of

18 this section.

19 ‘‘(f) INCREMENTAL PERSONNEL COSTS ACCOUNT.—

20 (1) There is hereby established in the Department of De21 fense a reserve fund to be known as the ‘National Contin22 gency Operation Personnel Fund’. Amounts in the fund

23 shall be available for incremental military personnel costs

24 attributable to a National Contingency Operation.

25 Amounts in the fund remain available until expended.
380

HR 2401 EH

1 ‘‘(2) There is hereby authorized to be appropriated

2 for fiscal year 1994 to the fund established under para3 graph (2) the sum of $10,000,000.

4 ‘‘(g) COORDINATION WITH WAR POWERS RESOLU5 TION.—This section may not be construed as altering or

6 superseding the War Powers Resolution. This section does

7 not provide authority to conduct a National Contingency

8 Operation or any other operation.

9 ‘‘(h) GAO COMPLIANCE REVIEWS.—The Comptroller

10 General of the United States shall from time to time, and

11 when requested by a committee of Congress, conduct a

12 review of the defense contingency funding structure under

13 this section to determine whether the Department of De14 fense is complying with the requirements and limitations

15 of this section.

16 ‘‘(i) PROCEDURES FOR CONSIDERING RESOLUTION

17 OF DISAPPROVAL.—(1) For purposes of subsection (c)(3),

18 the term ‘joint resolution’ means only a joint resolution

19 that is introduced within the 10-day period beginning on

20 the date on which the President transmits to Congress the

21 notification under that subsection and—

22 ‘‘(A) that does not have a preamble;

23 ‘‘(B) the matter after the resolving clause of

24 which is as follows: ‘That the President may not

25 incur obligations in excess of $40,000,000 as pro-
381

HR 2401 EH

1 posed in the notice of the President of

2 llllll’, the blank space being filled in with

3 the appropriate date; and

4 ‘‘(C) the title of which is as follows: ‘Joint reso5 lution limiting obligations by the President.’.

6 ‘‘(2) A resolution described in paragraph (1) that is

7 introduced in the House of Representatives shall be re8 ferred jointly to the Committee on Foreign Relations and

9 the Committee on Armed Services of the House of Rep10 resentatives. A resolution described in paragraph (1) that

11 is introduced in the Senate shall be referred to the Com12 mittee on Foreign Relations of the Senate and the Com13 mittee on Armed Services of the Senate.

14 ‘‘(3) If the committees to which a resolution described

15 in paragraph (1) is referred have not reported such resolu16 tion (or an identical resolution) by the end of the 15-day

17 period beginning on the date on which the President trans18 mits the applicable notice to Congress under subsection

19 (c), such committees shall be, at the end of such period,

20 discharged from further consideration of such resolution,

21 and such resolution shall be placed on the appropriate cal22 endar of the House involved.

23 ‘‘(4)(A) On or after the third day after the date on

24 which the committees to which such a resolution is re25 ferred have reported, or have been discharged (under
382

HR 2401 EH

1 paragraph (3)) from further consideration of, such a reso2 lution, it is in order (even though a previous motion to

3 the same effect has been disagreed to) for any Member

4 of the respective House to move to proceed to the consider5 ation of the resolution. A Member may make the motion

6 only on the day after the calendar day on which the Mem7 ber announces to the House concerned the Member’s in8 tention to make the motion, except that, in the case of

9 the House of Representatives, the motion may be made

10 without such prior announcement if the motion is made

11 by direction of the committee to which the resolution was

12 referred. All points of order against the resolution (and

13 against consideration of the resolution) are waived. The

14 motion is highly privileged in the House of Representatives

15 and is privileged in the Senate and is not debatable. The

16 motion is not subject to amendment, or to a motion to

17 postpone, or to a motion to proceed to the consideration

18 of other business. A motion to reconsider the vote by

19 which the motion is agreed to or disagreed to shall not

20 be in order. If a motion to proceed to the consideration

21 of the resolution is agreed to, the respective House shall

22 immediately proceed to consideration of the joint resolu23 tion without intervening motion, order, or other business,

24 and the resolution shall remain the unfinished business of

25 the respective House until disposed of.
383

HR 2401 EH

1 ‘‘(B) Debate on the resolution, and on all debatable

2 motions and appeals in connection therewith, shall be lim3 ited to not more than 10 hours, which shall be divided

4 equally between those favoring and those opposing the res5 olution. An amendment to the resolution is not in order.

6 A motion further to limit debate is in order and not debat7 able. A motion to postpone, or a motion to proceed to the

8 consideration of other business, or a motion to recommit

9 the resolution is not in order. A motion to reconsider the

10 vote by which the resolution is agreed to or disagreed to

11 is not in order.

12 ‘‘(C) Immediately following the conclusion of the de13 bate on a resolution described in paragraph (1) and a sin14 gle quorum call at the conclusion of the debate if re15 quested in accordance with the rules of the appropriate

16 House, the vote on final passage of the resolution shall

17 occur.

18 ‘‘(D) Appeals from the decisions of the Chair relating

19 to the application of the rules of the Senate or the House

20 of Representatives, as the case may be, to the procedure

21 relating to a resolution described in subsection (a) shall

22 be decided without debate.

23 ‘‘(5)(A) If, before the passage by one House of a reso24 lution of that House described in subsection (a), that

25 House receives from the other House a resolution de-
384

HR 2401 EH

1 scribed in subsection (a), then the following procedures

2 shall apply:

3 ‘‘(i) The resolution of the other House shall not

4 be referred to a committee and may not be consid5 ered in the House receiving it except in the case of

6 final passage as provided in clause (ii)(II).

7 ‘‘(ii) With respect to a resolution described in

8 paragraph (1) of the House receiving the

9 resolution—

10 ‘‘(I) the procedure in that House shall be

11 the same as if no resolution had been received

12 from the other House; but

13 ‘‘(II) the vote on final passage shall be on

14 the resolution of the other House.

15 ‘‘(B) Upon disposition of the resolution received from

16 the other House, it shall no longer be in order to consider

17 the resolution that originated in the receiving House.

18 ‘‘(6) This subsection is enacted by Congress—

19 ‘‘(A) as an exercise of the rulemaking power of

20 the Senate and House of Representatives, respec21 tively, and as such it is deemed a part of the rules

22 of each House, respectively, but applicable only with

23 respect to the procedure to be followed in that

24 House in the case of a resolution described in para-
385

HR 2401 EH

1 graph (1), and it supersedes other rules only to the

2 extent that it is inconsistent with such rules; and

3 ‘‘(B) with full recognition of the constitutional

4 right of either House to change the rules (so far as

5 relating to the procedure of that House) at any time,

6 in the same manner, and to the same extent as in

7 the case of any other rule of that House.’’.

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

9 at the beginning of such chapter is amended by inserting

10 after the item relating to section 127 the following new

11 item:

‘‘127a. Expenses for contingency operations.’’.

12 SEC. 1008. INCREASE IN AMOUNT FOR CINC INITIATIVE

13 FUND.

14 The amount provided in section 301 for Defense-wide

15 activities for fiscal year 1994 is hereby increased by

16 $5,000,000, to be an additional amount for the CINC Ini17 tiative Fund.

18 SEC. 1009. REPORT ON HUMANITARIAN ASSISTANCE AC19 TIVITIES

20 The Secretary of Defense shall include in the next

21 annual report of the Secretary under section 113 of title

22 10, United States Code, a report on the activities of the

23 Department of Defense under sections 401, 402, 2547,

24 and 2551 of that title. The report shall describe activities

25 under those sections that have been carried out during fis-
386

HR 2401 EH

1 cal year 1994 to the date of the report and planned activi2 ties under those sections for the remainder of fiscal year

3 1994 and for fiscal year 1995.

4 Subtitle B—Counter-Drug

5 Activities

6 SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT FOR

7 COUNTER-DRUG ACTIVITIES OF OTHER

8 AGENCIES.

9 (a) EXTENSION OF SUPPORT AUTHORIZATION.—Sec10 tion 1004(a) of the National Defense Authorization Act

11 for Fiscal Year 1991 (10 U.S.C. 374 note) is amended

12 by striking out ‘‘fiscal years 1991, 1992, 1993, and

13 1994,’’ and inserting in lieu thereof ‘‘fiscal years 1991

14 through 1995,’’.

15 (b) FUNDING OF SUPPORT ACTIVITIES.—Of the

16 amount authorized to be appropriated for fiscal year 1994

17 under section 301(14) for operation and maintenance with

18 respect to drug interdiction and counter-drug activities,

19 $40,000,000 shall be available to the Secretary of Defense

20 for the purposes of carrying out section 1004 of the Na21 tional Defense Authorization Act for Fiscal Year 1991 (10

22 U.S.C. 374 note).
387

HR 2401 EH

1 SEC. 1022. REPORT ON DEFENSE COUNTER-DRUG PRO2 GRAM.

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

4 shall submit to Congress a report evaluating the consist5 ency of—

6 (1) all drug interdiction and counter-drug ac7 tivities undertaken or supported by the Department

8 of Defense using funds appropriated pursuant to the

9 authorization of appropriations in section 301(14);

10 with

11 (2) the goals, objectives, and resource balance

12 contained in the National Drug Control Strategy re13 quired to be submitted to Congress in 1994 under

14 section 1005 of the Anti-Drug Abuse Act of 1988

15 (21 U.S.C. 1504).

16 (b) RECOMMENDATIONS.—The report required under

17 subsection (a) shall include such recommendations as the

18 Secretary considers to be necessary to more closely con19 form defense drug interdiction and counter-drug activities

20 to the National Drug Control Strategy. The recommenda21 tions may include a request for the reprogramming of

22 funds appropriated or otherwise made available to the De23 partment of Defense for drug interdiction and counter24 drug activities if the Secretary determines that such a re25 quest is necessary.
388

HR 2401 EH

1 (c) LIMITATION ON OBLIGATION OF FUNDS PENDING

2 REPORT.—(1) Except as provided in paragraph (2), no

3 more than 75 percent of the funds appropriated for fiscal

4 year 1994 pursuant to the authorization of appropriations

5 in section 301(14) for drug interdiction and counter-drug

6 activities undertaken or supported by the Department of

7 Defense may be obligated or expended before the date on

8 which the Secretary of Defense submits to Congress the

9 report required under subsection (a).

10 (2) Paragraph (1) shall not prohibit obligations or

11 expenditures of funds for personnel expenses, including

12 pay and allowances of members of the Armed Forces, in13 curred in connection with defense drug interdiction and

14 counter-drug activities.

15 SEC. 1023. REQUIREMENT TO ESTABLISH PROCEDURES

16 FOR STATE AND LOCAL GOVERNMENTS TO

17 BUY LAW ENFORCEMENT EQUIPMENT IN

18 CONJUNCTION WITH DEPARTMENT OF DE19 FENSE.

20 (a) IN GENERAL.—(1) Chapter 18 of title 10, United

21 States Code, is amended by adding at the end the follow22 ing new section:
389

HR 2401 EH

1 ‘‘§ 381. Procurement by State and local governments

2 of law enforcement equipment in con3 junction with Department of Defense

4 ‘‘(a) PROCEDURES.—(1) The Secretary of Defense

5 shall establish procedures in accordance with this sub6 section under which States and units of local government

7 may purchase certain equipment in conjunction with the

8 Department of Defense. The procedures shall require the

9 following:

10 ‘‘(A) Each State desiring to participate in a

11 procurement of equipment in conjunction with the

12 Department of Defense shall submit to the Depart13 ment, in such form and manner and at such times

14 as the Secretary prescribes (i) a request for law en15 forcement equipment, and (ii) advance payment for

16 such equipment, in an amount determined by the

17 Secretary based on estimated or actual costs of the

18 equipment. Requests shall be submitted annually or

19 at another frequency determined appropriate by the

20 Secretary.

21 ‘‘(B) A request for law enforcement equipment

22 shall consist of an enumeration of the law enforce23 ment equipment that is desired by the State and

24 units of local government within the State.

25 ‘‘(C) A State requesting law enforcement equip26 ment shall be responsible for arranging and paying
390

HR 2401 EH

1 for shipment of the equipment to the State and lo2 calities within the State.

3 ‘‘(2) In establishing the procedures, the Secretary of

4 Defense shall coordinate with the General Services Admin5 istration and other Federal agencies for purposes of avoid6 ing duplication of effort.

7 ‘‘(b) REIMBURSEMENT OF ADMINISTRATIVE

8 COSTS.—In the case of any purchase made by a State or

9 unit of local government under the procedures established

10 under subsection (a), the Secretary of Defense shall re11 quire the State or unit of local government to reimburse

12 the Department of Defense for the administrative costs

13 to the Department of such purchase.

14 ‘‘(c) GSA CATALOG.—The Administrator of General

15 Services shall produce and maintain a catalog of law en16 forcement equipment suitable for purchase by States and

17 units of local government under the procedures established

18 by the Secretary under this section.

19 ‘‘(d) DEFINITIONS.—For purposes of this section:

20 ‘‘(1) The term ‘State’ means any State of the

21 United States, the District of Columbia, the Com22 monwealth of Puerto Rico, the Commonwealth of the

23 Northern Mariana Islands, and any territory or pos24 session of the United States.
391

HR 2401 EH

1 ‘‘(2) The term ‘unit of local government’ means

2 any city, county, township, town, borough, parish,

3 village, or other general purpose political subdivision

4 of a State; an Indian tribe which performs law en5 forcement functions as determined by the Secretary

6 of the Interior; or any agency of the District of Co7 lumbia government or the United States Govern8 ment performing law enforcement functions in and

9 for the District of Columbia or the Trust Territory

10 of the Pacific Islands.

11 ‘‘(3) The term ‘law enforcement equipment’ has

12 the meaning given such term in regulations pre13 scribed by the Secretary of Defense. Such term in14 cludes, at a minimum, handguns, bulletproof vests,

15 and communication equipment.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by adding at the end the following

18 new item:

‘‘381. Procurement by State and local governments of law enforcement equipment in conjunction with Department of Defense.’’.

19 (b) DEADLINE.—The Secretary of Defense shall es20 tablish procedures under section 381(a) of title 10, United

21 States Code, as added by subsection (a), not later than

22 six months after the date of the enactment of this Act.

23 (c) REPORT.—Not later than 6 months after the date

24 of the enactment of this Act, the Secretary of Defense
392

HR 2401 EH

1 shall submit to the Congress a report on the procedures

2 established pursuant to section 381 of title 10, United

3 States Code, as added by subsection (a). The report shall

4 include, at a minimum, a list of the law enforcement

5 equipment that will be covered under such procedures.

6 Subtitle C—Other Matters

7 SEC. 1031. PROCEDURES FOR HANDLING WAR BOOTY.

8 (a) IN GENERAL.—(1) Chapter 153 of title 10,

9 United States Code, is amended by adding at the end the

10 following new section:

11 ‘‘§ 2579. War booty: procedures for handling and re12 taining battlefield objects

13 ‘‘(a) POLICY.—The United States recognizes that

14 battlefield souvenirs have traditionally provided military

15 personnel 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

19 result in the mistreatment of enemy personnel, the dishon20 oring of the dead, distraction from the conduct of oper21 ations, or other unbecoming activities.

22 ‘‘(b) PURPOSE.—The purpose of this section is to

23 provide a procedure for the handling of battlefield objects

24 that is consistent with the policies expressed in subsection

25 (a).
393

HR 2401 EH

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

4 to appropriate United States or allied military personnel.

5 A member of the armed forces (or other person under the

6 authority of the armed forces in a theater of operations)

7 may not (except in accordance with this section) take from

8 a theater of operations as a souvenir an object formerly

9 in the possession of the enemy.

10 ‘‘(d) PROCEDURES FOR OBTAINING BATTLEFIELD

11 SOUVENIRS.—(1) A member of the armed forces who

12 wishes to retain as a souvenir an object covered by sub13 section (c) that was retrieved personally by that member

14 may so request at the time the object is turned over pursu15 ant to subsection (c).

16 ‘‘(2) The Secretary concerned shall designate an offi17 cer to review requests under paragraph (1). If the officer

18 determines that the object may be appropriately retained

19 as a war souvenir, the object shall be turned over to the

20 member who requested the right to retain it.

21 ‘‘(3) The Secretary concerned may charge a process22 ing fee to each member making a request under paragraph

23 (1). The amount of any such fee may not exceed the

24 amount necessary to recoup the costs of handling and re-
394

HR 2401 EH

1 viewing the objects for which requests are made under

2 paragraph (1).

3 ‘‘(e) FURNISHING OF CAPTURED ITEMS.—(1) The

4 Secretary concerned shall make available to members of

5 the armed forces who served in a theater of operations

6 items of enemy material other than weapons and explo7 sives that are no longer required for military use, intel8 ligence exploitation, or other purpose determined by the

9 Secretary. A processing fee as described in subsection

10 (d)(3) may be charged.

11 ‘‘(2) The Secretary concerned shall make available

12 for sale to members of the armed forces who served in

13 a theater of operations items of captured weaponry as fol14 lows:

15 ‘‘(A) The only weapons that may be sold are

16 those in categories to be agreed upon jointly by the

17 Secretary of Defense and the Secretary of the Treas18 ury.

19 ‘‘(B) Not more than one weapon may be sold

20 to any member.

21 ‘‘(C) Before a weapon is turned over to a mem22 ber following such a sale, the weapon shall be ren23 dered unserviceable.

24 ‘‘(D) The Secretary concerned shall assess a

25 charge in connection with each such sale (in addition
395

HR 2401 EH

1 to any processing fee) in an amount sufficient to

2 cover the full cost of rendering the weapon unserv3 iceable.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following

6 new item:

‘‘2579. War booty: procedures for handling and retaining battlefield objects.’’.

7 (b) EFFECTIVE DATE.—Section 2579 title 10,

8 United States Code, as added by subsection (a), shall

9 apply with respect to objects taken in a theater of oper10 ations after the date of the enactment of this Act.

11 SEC. 1032. AWARD OF PURPLE HEART TO MEMBERS KILLED

12 OR WOUNDED IN ACTION BY FRIENDLY FIRE.

13 (a) IN GENERAL.—Chapter 57 of title 10, United

14 States Code, is amended by adding at the end the follow15 ing new section:

16 ‘‘§ 1129. Purple Heart: members killed or wounded in

17 action by friendly fire

18 ‘‘(a) For purposes of the award of the Purple Heart,

19 the Secretary concerned shall treat a member of the armed

20 forces described in subsection (b) in the same manner as

21 a member who is killed or wounded in action as the result

22 of an act of an enemy of the United States.

23 ‘‘(b) A member described in this subsection is a mem24 ber who is killed or wounded in action by weapon fire while

25 directly engaged in armed conflict, other than as the result
396

HR 2401 EH

1 of an act of an enemy of the United States, unless (in

2 the case of a wound) the wound is the result of willful

3 misconduct of the member.

4 ‘‘(c) This section applies to members of the armed

5 forces who are killed or wounded on or after December

6 7, 1941. In the case of a member killed or wounded as

7 described in subsection (b) on or after December 7, 1941,

8 and before the date of the enactment of this section, the

9 Secretary concerned shall award the Purple Heart under

10 subsection (a) in each case which is known to the Sec11 retary before the date of the enactment of this section or

12 for which an application is made to the Secretary in such

13 manner as the Secretary requires.’’.

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

15 at the beginning of such chapter is amended by adding

16 at the end the following new item:

‘‘1129. Purple Heart: members killed or wounded in action by friendly fire.’’.

17 SEC. 1033. AWARD OF GOLD STAR LAPEL BUTTONS TO SUR18 VIVORS OF SERVICE MEMBERS KILLED BY

19 TERRORIST ACTS.

20 (a) ELIGIBILITY.—Subsection (a) of section 1126 of

21 title 10, United States Code, is amended—

22 (1) by striking out ‘‘of the United States’’ in

23 the matter preceding paragraph (1);

24 (2) by striking out ‘‘or’’ at the end of para25 graph (1);
397

HR 2401 EH

1 (3) in paragraph (2)—

2 (A) by redesignating clauses (i), (ii), and

3 (iii) as subparagraphs (A), (B), and (C), re4 spectively; and

5 (B) by striking out the period at the end

6 and inserting in lieu thereof ‘‘; or’’; and

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

8 paragraph:

9 ‘‘(3) who lost or lose their lives after March 28,

10 1973, as a result of—

11 ‘‘(A) an international terrorist attack

12 against the United States or a foreign nation

13 friendly to the United States, recognized as

14 such an attack by the Secretary of Defense; or

15 ‘‘(B) military operations while serving out16 side the United States (including the common17 wealths, territories, and possessions of the

18 United States) as part of a peacekeeping

19 force.’’.

20 (b) DEFINITIONS.—Subsection (d) of such section is

21 amended by adding at the end the following new para22 graphs:

23 ‘‘(7) The term ‘military operations’ includes

24 those operations involving members of the armed

25 forces assisting in United States Government spon-
398

HR 2401 EH

1 sored training of military personnel of a foreign na2 tion.

3 ‘‘(8) The term ‘peacekeeping force’ includes

4 those personnel assigned to a force engaged in a

5 peacekeeping operation authorized by the United

6 Nations Security Council.’’.

7 SEC. 1034. EXTENSION OF AUTHORITY FOR CERTAIN FOR8 EIGN GOVERNMENTS TO RECEIVE EXCESS

9 DEFENSE ARTICLES.

10 Section 516(a)(3) of the Foreign Assistance Act of

11 1961 (22 U.S.C. 2321j(a)(3)) is amended by inserting ‘‘or

12 fiscal year 1992’’ after ‘‘fiscal year 1991’’.

13 SEC. 1035. CODIFICATION OF PROVISION RELATING TO

14 OVERSEAS WORKLOAD PROGRAM.

15 (a) CODIFICATION.—(1) Chapter 138 of title 10,

16 United States Code, is amended by inserting after section

17 2348 the following new section:

18 ‘‘§ 2349. Overseas Workload Program

19 ‘‘(a) IN GENERAL.—A firm of any member nation of

20 the North Atlantic Treaty Organization or of any major

21 non-Nato ally shall be eligible to bid on any contract for

22 the maintenance, repair, or overhaul of equipment of the

23 Department of Defense located outside the United States

24 to be awarded under competitive procedures as part of the
399

HR 2401 EH

1 program of the Department of Defense known as the

2 Overseas Workload Program.

3 ‘‘(b) SITE OF PERFORMANCE.—A contract awarded

4 to a firm described in subsection (a) may be performed

5 in the theater in which the equipment is normally located

6 or in the country in which the firm is located.

7 ‘‘(c) EXCEPTIONS.—The Secretary of a military de8 partment may restrict the geographic region in which a

9 contract referred to in subsection (a) may be performed

10 if the Secretary determines that performance of the con11 tract outside that specific region—

12 ‘‘(1) could adversely affect the military pre13 paredness of the armed forces; or

14 ‘‘(2) would violate the terms of an international

15 agreement to which the United States is a party.

16 ‘‘(d) DEFINITION.—For purposes of this section, the

17 term ‘major non-NATO ally’ has the meaning given such

18 term in section 2350a(i)(3) of this title.’’.

19 (2) The table of sections at the beginning of sub20 chapter I of such chapter is amended by inserting after

21 the item relating to section 2348 the following new item:

‘‘2349. Overseas Workload Program.’’.

22 (b) CONFORMING AMENDMENTS.—(1) Section 1465

23 of the National Defense Authorization Act for Fiscal Year

24 1991 (Public Law 101–510; 104 Stat. 1700) is repealed.
400

HR 2401 EH

1 (2) Section 9130 of the Department of Defense Ap2 propriations Act, 1993 (Public Law 102–396; 102 Stat.

3 1935), is amended—

4 (A) in subsection (b), by striking out ‘‘, or

5 thereafter,’’; and

6 (B) in subsection (d), by striking out ‘‘or there7 after’’ each place it appears.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on October 1, 1993.

10 SEC. 1036. MODIFICATION OF AUTHORITY TO CONDUCT NA11 TIONAL GUARD CIVILIAN YOUTH OPPORTU12 NITIES PROGRAM.

13 (a) LOCATION OF PROGRAM.—Subsection (c) of sec14 tion 1091 of the National Defense Authorization Act for

15 Fiscal Year 1993 (Public Law 102–484; 32 U.S.C. 501

16 note) is amended to read as follows:

17 ‘‘(c) CONDUCT OF THE PROGRAM.—The Secretary of

18 Defense may provide for the conduct of the pilot program

19 in such States as the Secretary considers to be appro20 priate, except that the Secretary may not enter into agree21 ments under subsection (d) with more than 10 States to

22 provide for a program curriculum in excess of 6 weeks for

23 any participant.’’.
401

HR 2401 EH

1 (b) DEFINITION OF STATE.—Subsection (l) of such

2 section is amended by striking out paragraph (2) and in3 serting in lieu thereof the following new paragraph:

4 ‘‘(2) The term ‘State’ includes the Common5 wealth of Puerto Rico, the territories (as defined in

6 section 101(1) of title 32, United States Code), and

7 the District of Columbia.’’.

8 (c) PROGRAM AGREEMENTS.—Subsection (d)(3) of

9 such section is amended by striking out ‘‘reimburse’’ and

10 inserting in lieu thereof ‘‘provide funds to’’.

11 SEC. 1037. SENSE OF CONGRESS CONCERNING MEETING OF

12 INTERALLIED CONFEDERATION OF RESERVE

13 OFFICERS.

14 (a) FINDINGS.—The Congress finds that—

15 (1) the Interallied Confederation of Reserve Of16 ficers (CIOR), an association of reserve officers from

17 thirteen of the nations comprising the North Atlan18 tic Treaty Organization, will hold its XLIV Congress

19 at Washington, District of Columbia, during the pe20 riod August 1 through 6, 1993; and

21 (2) the United States, through the Department

22 of Defense, will conduct military competitions in

23 conjunction with and as a constituent part of that

24 Congress of that organization.

25 (b) EXTENSION OF WELCOME.—The Congress—
402

HR 2401 EH

1 (1) extends to the Interallied Confederation of

2 Reserve Officers (CIOR) a cordial welcome to the

3 United States on the occasion of the XLVI Congress

4 of that organization to be held in Washington, Dis5 trict of Columbia, during the period August 1

6 through 6, 1993;

7 (2) commends the joint effort of the Depart8 ment of Defense and the Reserve Officers Associa9 tion of the United States in hosting the XLVI Con10 gress of that organization; and

11 (3) urges all departments and agencies of the

12 Federal Government to cooperate with and assist the

13 XLVI Congress of that organization in carrying out

14 its activities and programs during that period.

15 SEC. 1038. SEMIANNUAL REPORT ON EFFORTS TO SEEK

16 COMPENSATION FROM GOVERNMENT OF

17 PERU FOR DEATH AND WOUNDING OF CER18 TAIN UNITED STATES SERVICEMEN.

19 (a) FINDINGS.—The Congress finds that—

20 (1) the United States Government has not

21 made adequate efforts to seek the payment of com22 pensation by the Government of Peru for the death

23 and injuries to United States military personnel re24 sulting from the attack by aircraft of the military

25 forces of Peru on April 24, 1992, against a United
403

HR 2401 EH

1 States Air Force C–130 aircraft operating off the

2 coast of Peru; and

3 (2) in failing to make such efforts adequately,

4 the United States Government has failed in its obli5 gation to support the servicemen and their families

6 involved in the incident and generally to support

7 members of the Armed Forces carrying out missions

8 on behalf of the United States.

9 (b) SEMIANNUAL REPORT.—Not later than Decem10 ber 1 and June 1 of each year, the Secretary of Defense

11 shall submit to the Committees on Armed Services and

12 Foreign Affairs of the House of Representatives and the

13 Committees on Armed Services and Foreign Relations of

14 the Senate a report on the efforts made by the Govern15 ment of the United States during the preceding six-month

16 period to seek the payment of fair and equitable com17 pensation by the Government of Peru (1) to the survivors

18 of Master Sergeant Joseph Beard, Jr., United States Air

19 Force, who was killed in the attack described in subsection

20 (a), and (2) to the other crew members who were wounded

21 in the attack and survived.

22 (c) TERMINATION OF REPORT REQUIREMENT.—The

23 requirement in subsection (b) shall terminate upon certifi24 cation by the Secretary of Defense to Congress that the
404

HR 2401 EH

1 Government of Peru has paid fair and equitable com2 pensation as described in subsection (b).

3 SEC. 1039. BASING FOR C–130 AIRCRAFT.

4 The Secretary of the Air Force shall determine the

5 unit assignment and basing location for any C–130 air6 craft procured for the Air Force Reserve from funds ap7 propriated for National Guard and Reserve Equipment

8 procurement for fiscal year 1992 or 1993 in such manner

9 as the Secretary determines to be in the best interest of

10 the Air Force.

11 SEC. 1040. MEMORIAL TO U.S.S. INDIANAPOLIS.

12 The memorial to the U.S.S. Indianapolis (CA–35) to

13 be located on the east bank of the Indianapolis water canal

14 in downtown Indianapolis, Indiana, is hereby designated

15 as the national memorial to the U.S.S. Indianapolis and

16 her final crew.

17 SEC. 1041. CONGRESSIONAL NOTIFICATION WHEN UNITED

18 STATES FORCES ARE PLACED UNDER OPER19 ATIONAL CONTROL OF A FOREIGN NATION.

20 (a) NOTICE REQUIREMENT.—(1) Whenever the

21 President places elements of the Armed Forces under the

22 operational control of a foreign national acting on behalf

23 of the United Nations, the Secretary of Defense shall sub24 mit to Congress a report described in subsection (b).
405

HR 2401 EH

1 (2) Except as provided in paragraph (3), a report

2 under paragraph (1) shall be submitted not less than 30

3 days before the date on which such operational control be4 comes effective.

5 (3) A report under paragraph (1) may be submitted

6 less than 30 days before the date on which such oper7 ational control becomes effective (or after such date) if

8 the President certifies to Congress that the requirement

9 for the commitment of forces for such purpose is of such

10 an emergency nature that delaying such commitment in

11 order to provide such 30 days prior notice is not possible.

12 Any such certification shall be submitted promptly upon

13 the commitment of such forces.

14 (b) CONTENTS OF REPORT.—A report under sub15 section (a) shall set forth the following:

16 (1) The mission of the United States forces in17 volved.

18 (2) The expected size and composition of the

19 United States forces involved.

20 (3) The incremental cost to the United States

21 associated with the proposed operation.

22 (4) The precise command and control relation23 ship between the United States forces involved and

24 the international organization.
406

HR 2401 EH

1 (5) The precise command and control relation2 ship between the United States forces involved and

3 the commander of the United States unified com4 mand for the region in which the operation is pro5 posed.

6 (6) The extent to which the United States

7 forces involved will rely on non-United States forces

8 for security and self-defense and an assessment on

9 the ability of those non-United States forces to pro10 vide adequate security to the United States forces

11 involved.

12 (7) The conditions under which the United

13 States forces involved can and would be withdrawn.

14 (8) The timetable for complete withdrawal of

15 the United States forces involved.

16 (c) CLASSIFICATION OF REPORT.—A report required

17 by this section shall be submitted in both classified and

18 unclassified form, if necessary.

19 (d) EXCEPTION FOR SMALL FORCES.—This section

20 does not apply in the case of elements of the Armed Forces

21 involving fewer than 100 members of the Armed Forces.

22 (e) INTERPRETATION.—Nothing in this section may

23 be construed as authority for the President to use United

24 States Armed Forces in any operation.
407

HR 2401 EH

1 SEC. 1042. IDENTIFICATION OF SERVICE IN VIETNAM IN

2 THE COMPUTERIZED INDEX OF THE NA3 TIONAL PERSONNEL RECORDS CENTER.

4 The Secretary of Defense shall include in the comput5 erized index of the National Personnel Records Center in

6 St. Louis, Missouri, an indicator to allow for searches or

7 selection of military records of military personnel based

8 upon service in the Southeast Asia theater of operations

9 during the Vietnam conflict (as defined in section

10 1035(g)(2) of title 10, United States Code).

11 SEC. 1043. SHARING DEFENSE BURDENS AND RESPONSIBIL12 ITIES.

13 (a) FINDINGS.—Congress makes the following find14 ings:

15 (1) Since fiscal year 1985, the budget of the

16 Department of Defense has declined by 34 percent

17 in real terms.

18 (2) During the past few years, the United

19 States military presence overseas has declined sig20 nificantly in the following ways:

21 (A) Since fiscal year 1986, the number of

22 United States military personnel permanently

23 stationed overseas has declined by almost

24 200,000 personnel.

25 (B) From fiscal year 1989 to fiscal year

26 1994, spending by the United States to support
408

HR 2401 EH

1 the stationing of United States military forces

2 overseas will have declined by 36 percent.

3 (C) Since January 1990, the Department

4 of Defense has announced the closure, reduc5 tion, or transfer to standby status of 840

6 United States military facilities overseas, which

7 is approximately a 50 percent reduction in the

8 number of such facilities.

9 (3) The United States military presence over10 seas will continue to decline as a result of actions by

11 the executive branch and the following initiatives of

12 the Congress:

13 (A) Section 1302 of the National Defense

14 Authorization Act for Fiscal Year 1993, which

15 required a 40 percent reduction by September

16 30, 1996, in the number of United States mili17 tary personnel permanently stationed ashore in

18 overseas locations.

19 (B) Section 1303 of the National Defense

20 Authorization Act for Fiscal Year 1993, which

21 specified that no more than 100,000 United

22 States military personnel may be permanently

23 stationed ashore in NATO member countries

24 after September 30, 1996.
409

HR 2401 EH

1 (C) Section 1301 of the National Defense

2 Authorization Act for Fiscal Year 1993, which

3 reduced the spending proposed by the Depart4 ment of Defense for overseas basing activities

5 during fiscal year 1993 by $500,000,000.

6 (D) Sections 913 and 915 of the National

7 Defense Authorization Act for Fiscal Years

8 1990 and 1991, which directed the President to

9 develop a plan to gradually reduce the United

10 States military force structure in East Asia.

11 (4) The East Asia Strategy Initiative, which

12 was developed in response to sections 913 and 915

13 of the National Defense Authorization Act for Fiscal

14 Years 1990 and 1991, has resulted in the with15 drawal of 12,000 United States military personnel

16 from Japan and the Republic of Korea since fiscal

17 year 1990.

18 (5) In response to actions by the executive

19 branch and the Congress, allied countries in which

20 United States military personnel are stationed and

21 alliances in which the United States participates

22 have agreed in the following ways to reduce the costs

23 incurred by the United States in basing military

24 forces overseas:
410

HR 2401 EH

1 (A) Under the 1991 Special Measures

2 Agreement between Japan and the United

3 States, Japan will pay by 1995 almost all yen4 denominated costs of stationing United States

5 military personnel in Japan.

6 (B) The Republic of Korea has agreed to

7 pay by 1995, one-third of the on-base costs in8 curred by the United States in stationing Unit9 ed States military personnel in the Republic of

10 Korea.

11 (C) The North Atlantic Treaty Organiza12 tion (NATO) has agreed that the NATO Infra13 structure Program will adapt to support post14 Cold War strategy and could pay the annual

15 operation and maintenance costs of facilities in

16 Europe and the United States that would sup17 port the reinforcement of Europe by United

18 States military forces and the participation of

19 United States military forces in peacekeeping

20 and conflict prevention operations.

21 (D) Such allied countries and alliances

22 have agreed to more fully share the responsibil23 ities and burdens of providing for mutual secu24 rity and stability through steps such as the fol25 lowing:
411

HR 2401 EH

1 (i) The Republic of Korea has as2 sumed the leadership role regarding

3 ground combat forces for the defense of

4 the Republic of Korea.

5 (ii) NATO has adopted the new mis6 sion of conducting peacekeeping operations

7 and is, for example, providing land, sea,

8 and air forces for United Nations efforts in

9 the former Yugoslavia.

10 (iii) The countries of western Europe

11 are contributing substantially to the devel12 opment of democracy, stability, and open

13 market societies in eastern Europe and the

14 former Soviet Union.

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that—

17 (1) the forward presence of United States mili18 tary personnel stationed overseas continues to be im19 portant to United States security interests;

20 (2) that forward presence facilitates efforts to

21 pursue United States security interests on a collec22 tive basis rather than pursuing them on a far more

23 costly unilateral basis or receding into isolationism;

24 (3) the bilateral and multilateral arrangements

25 and alliances in which that forward presence plays
412

HR 2401 EH

1 a part must be further adapted to the security envi2 ronment of the post-Cold War period;

3 (4) the cost-sharing percentages for the NATO

4 Infrastructure Program should be reviewed with the

5 aim of reflecting current economic, political, and

6 military realities and thus reducing the United

7 States cost-sharing percentage; and

8 (5) the amounts obligated to conduct United

9 States overseas basing activities should decline sig10 nificantly in fiscal year 1994 and in future fiscal

11 years as—

12 (A) the number of United States military

13 personnel stationed overseas continues to de14 cline; and

15 (B) the countries in which United States

16 military personnel are stationed and the alli17 ances in which the United States participates

18 assume an increased share of United States

19 overseas basing costs.

20 (c) REDUCING UNITED STATES OVERSEAS BASING

21 COSTS.—(1) In order to achieve additional savings in

22 overseas basing costs, the President should—

23 (A) continue with the reductions in United

24 States military presence overseas as required by sec-
413

HR 2401 EH

1 tions 1302 and 1303 of the National Defense Au2 thorization Act for Fiscal Year 1993; and

3 (B) intensify his efforts to negotiate a more fa4 vorable host-nation agreement with each foreign

5 country to which this paragraph applies under para6 graph (3)(A).

7 (2) For purposes of paragraph (1)(B), a more favor8 able host-nation agreement is an agreement under which

9 such foreign country—

10 (A) assumes an increased share of the costs of

11 United States military installations in that country,

12 including the costs of—

13 (i) labor, utilities, and services;

14 (ii) military construction projects and real

15 property maintenance;

16 (iii) leasing requirements associated with

17 the United States military presence; and

18 (iv) actions necessary to meet local envi19 ronmental standards;

20 (B) relieves the Armed Forces of the United

21 States of all tax liability that, with respect to forces

22 located in such country, is incurred by the Armed

23 Forces under the laws of that country and the laws

24 of the community where those forces are located;

25 and
414

HR 2401 EH

1 (C) ensures that goods and services furnished

2 in that country to the Armed Forces of the United

3 States are provided at minimum cost and without

4 imposition of user fees.

5 (3)(A) Except as provided in subparagraph (B), para6 graph (1)(B) applies with respect to—

7 (i) each country of the North Atlantic Treaty

8 Organization (other than the United States); and

9 (ii) each other foreign country with which the

10 United States has a bilateral or multilateral defense

11 agreement that provides for the assignment of com12 bat units of the Armed Forces of the United States

13 to permanent duty in that country or the placement

14 of combat equipment of the United States in that

15 country.

16 (B) Paragraph (1) does not apply with respect to—

17 (i) a foreign country that receives assistance

18 under section 23 of the Arms Export Control Act

19 (22 U.S.C. 2673) (relating to the foreign military fi20 nancing program) or under the provisions of chapter

21 4 of part II of the Foreign Assistance Act of 1961

22 (22 U.S.C. 2346 et seq.); or

23 (ii) a foreign country that has agreed to as24 sume, not later than September 30, 1996, at least
415

HR 2401 EH

1 75 percent of the nonpersonnel costs of United

2 States military installations in the country.

3 (d) OBLIGATIONAL LIMITATION.—(1) The total

4 amount appropriated to the Department of Defense for

5 Military Personnel, for Operation and Maintenance, and

6 for military construction (including NATO Infrastructure)

7 that is obligated to conduct overseas basing activities dur8 ing fiscal year 1994 may not exceed $16,915,400,000

9 (such amount being the amount appropriated for such

10 purposes for fiscal year 1993 reduced by $3,300,000,000).

11 (2) For purposes of this subsection, the term ‘‘over12 seas basing activities’’ means the activities of the Depart13 ment of Defense for which funds are provided through ap14 propriations for Military Personnel, for Operation and

15 Maintenance (including appropriations for family housing

16 operations), and for military construction (including fam17 ily housing construction and NATO Infrastructure) for

18 the payment of costs for Department of Defense overseas

19 military units and the costs for all dependents who accom20 pany Department of Defense personnel outside the United

21 States.

22 (e) ALLOCATIONS OF SAVINGS.—Any amounts appro23 priated to the Department of Defense for fiscal year 1994

24 for the purposes covered by subsection (d)(1) that are not

25 available to be used for those purposes by reason of the
416

HR 2401 EH

1 limitation in that subsection shall be allocated by the Sec2 retary of Defense for operation and maintenance and for

3 military construction activities of the Department of De4 fense at military installations and facilities located inside

5 the United States.

6 SEC. 1044. BURDENSHARING CONTRIBUTIONS FROM DES7 IGNATED COUNTRIES AND REGIONAL ORGA8 NIZATIONS.

9 (a) IN GENERAL.—Section 1045 of the National De10 fense Authorization Act for Fiscal Years 1992 and 1993

11 (Public Law 102–190; 105 Stat. 1465) is amended—

12 (1) in subsection (a)—

13 (A) by striking out ‘‘During fiscal years

14 1992 and 1993, the Secretary’’ and inserting in

15 lieu thereof ‘‘The Secretary’’; and

16 (B) by striking out ‘‘Japan, Kuwait, and

17 the Republic of Korea’’ and inserting in lieu

18 thereof ‘‘any country or regional organization

19 designated for purposes of this section by the

20 Secretary of Defense’’; and

21 (2) in subsection (f)—

22 (A) by striking out ‘‘each quarter of fiscal

23 years 1992 and 1993’’ and inserting in lieu

24 thereof ‘‘each fiscal-year quarter’’;
417

HR 2401 EH

1 (B) by striking out ‘‘congressional defense

2 committees’’ and inserting in lieu thereof ‘‘Con3 gress’’; and

4 (C) by striking out ‘‘Japan, Kuwait, and

5 the Republic of Korea’’ and inserting in lieu

6 thereof ‘‘each country and regional organization

7 from which contributions have been accepted by

8 the Secretary under subsection (a)’’.

9 (b) CLERICAL AMENDMENT.—The heading of such

10 section is amended to read as follows:

11 ‘‘SEC. 1045. BURDENSHARING CONTRIBUTIONS FROM DES12 IGNATED COUNTRIES AND REGIONAL ORGA13 NIZATIONS.’’.

14 SEC. 1045. MODIFICATION OF CERTAIN REPORT REQUIRE15 MENTS.

16 (a) BIENNIAL NATO REPORT.—Section 1002(d) of

17 the Department of Defense Authorization Act, 1985 (Pub18 lic Law 98–525; 22 U.S.C. 1928 note), is amended—

19 (1) by striking out ‘‘(1) Not later than April 1,

20 1990, and biennially each year thereafter’’ and in21 serting in lieu thereof ‘‘Not later than April 1 of

22 each even-numbered year’’;

23 (2) by redesignating subparagraphs (A) and

24 (B) as paragraphs (1) and (2); and
418

HR 2401 EH

1 (3) by striking out paragraph (2) (following the

2 paragraph (2) designated by paragraph (2) of this

3 subsection).

4 (b) REPORT ON ALLIED CONTRIBUTIONS.—Section

5 1046(e) of the National Defense Authorization Act for

6 Fiscal Years 1992 and 1993 (Public Law 102–190; 105

7 Stat. 1467; 22 U.S.C. 1928 note) is amended—

8 (1) by striking out ‘‘and’’ at the end of para9 graph (2);

10 (2) by striking out the period at the end of

11 paragraph (3) and inserting in lieu thereof ‘‘; and’’;

12 and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(4) specifying the incremental costs to the

16 United States associated with the permanent sta17 tioning ashore of United States forces in foreign na18 tions.’’.

19 (c) SENSE OF CONGRESS.—(1) The Congress finds

20 that the Secretary of Defense did not submit to Congress

21 in a timely manner the report on allied contributions to

22 the common defense required under section 1003 of the

23 National Defense Authorization Act, 1985 (Public Law

24 98–525; 98 Stat. 2577), to be submitted not later than

25 April 1, 1993.
419

HR 2401 EH

1 (2) It is the sense of Congress that the timely submis2 sion of such report to Congress each year is essential to

3 the deliberation by Congress concerning the annual de4 fense program.

5 SEC. 1046. REDESIGNATION OF HANFORD ARID LANDS

6 ECOLOGY RESERVE.

7 (a) REDESIGNATION.—The Hanford Arid Lands

8 Ecology Reserve in Richland, Washington, is redesignated

9 as the ‘‘Fitzner/Eberhardt Arid Lands Ecology Reserve’’.

10 (b) LEGAL REFERENCES.—Any reference in any law,

11 regulation, document, record, map, or other paper of the

12 United States to the ecology reserve referred to in sub13 section (a) is deemed to be a reference to the ‘‘Fitzner/

14 Eberhardt Arid Lands Ecology Reserve’’.

15 SEC. 1047. SENSE OF CONGRESS REGARDING UNITED

16 STATES POLICY ON PLUTONIUM.

17 It is the sense of the Congress that the start-up or

18 continued operation of any plutonium separation plant

19 presents serious environmental hazards and increases the

20 risk of proliferation of weapons-usable plutonium and

21 therefore should be suspended until the related environ22 mental and proliferation concerns have been addressed

23 and resolved.
420

HR 2401 EH

1 SEC. 1048. NORTH KOREA AND THE TREATY ON THE NON2 PROLIFERATION OF NUCLEAR WEAPONS.

3 (a) FINDINGS.—The Congress finds the following:

4 (1) The Treaty on the Non-Proliferation of Nu5 clear Weapons, to which 156 states are party, is the

6 cornerstone of the international nuclear non7 proliferation regime.

8 (2) Any nonnuclear weapon state that is a

9 party to the Treaty on the Non-Proliferation of Nu10 clear Weapons is obligated to accept International

11 Atomic Energy Agency safeguards on all source or

12 special fissionable material that is within its terri13 tory, under its jurisdiction, or carried out under its

14 control anywhere.

15 (3) The International Atomic Energy Agency is

16 permitted to conduct inspections in a nonnuclear

17 weapon state that is a party to the Treaty at any

18 site, whether or not declared by that state, to ensure

19 that all source or special fissionable material in that

20 state is under safeguards.

21 (4) North Korea acceded to the Treaty on the

22 Non-Proliferation of Nuclear Weapons as a non23 nuclear weapons state in December 1985.

24 (5) North Korea, after acceding to that treaty,

25 refused until 1992 to accept International Atomic
421

HR 2401 EH

1 Energy Agency safeguards as required under the

2 treaty.

3 (6) Inspections of North Korea’s nuclear mate4 rials by the International Atomic Energy Agency

5 suggested discrepancies in North Korea’s declara6 tions regarding special nuclear materials.

7 (7) North Korea has not given a scientifically

8 satisfactory explanation for those discrepancies.

9 (8) North Korea refused to provide Inter10 national Atomic Energy Agency inspectors with full

11 access to two sites for the purposes of verifying its

12 compliance with the Treaty on the Non-Proliferation

13 of Nuclear Weapons.

14 (9) When called upon by the International

15 Atomic Energy Agency to provide such full access as

16 required by the Treaty, North Korea announced its

17 intention to withdraw from the Treaty, effective

18 after the required three months notice.

19 (10) After intensive negotiations with the Unit20 ed States, North Korea agreed to suspend its inten21 tion to withdraw from the Treaty on the Non-Pro22 liferation of Nuclear Weapons and begin consulta23 tions with the International Atomic Energy Agency

24 on providing access to its suspect sites.
422

HR 2401 EH

1 (b) CONGRESSIONAL STATEMENTS.—The

2 Congress—

3 (1) notes that the continued refusal of North

4 Korea nearly eight years after ratification of the

5 Treaty on the Non-Proliferation of Nuclear Weapons

6 to fully accept International Atomic Energy Agency

7 safeguards raises serious questions regarding a pos8 sible North Korean nuclear weapons program;

9 (2) notes that possession by North Korea of nu10 clear weapons (A) would threaten peace and stability

11 in Asia, (B) would jeopardize the existing nuclear

12 non-proliferation regime, and (C) would undermine

13 the goal of the United States to extend the Treaty

14 on the Non-Proliferation of Nuclear Weapons at the

15 1995 review conference;

16 (3) urges continued pressure from the Presi17 dent, United States allies, and the United Nations

18 Security Council on North Korea to adhere to the

19 Treaty and provide full access to the International

20 Atomic Energy Agency in the shortest time possible;

21 (4) urges that no trade, financial, or other eco22 nomic benefits be provided to North Korea by the

23 United States or United States allies until North

24 Korea has (A) provided full access to the Inter25 national Atomic Energy Agency, (B) satisfactorily
423

HR 2401 EH

1 explained any discrepancies in its declarations of

2 bomb-grade material, and (C) fully demonstrated

3 that it does not have or seek a nuclear weapons ca4 pability; and

5 (5) calls on the President and the international

6 community to take steps to strengthen the inter7 national nuclear nonproliferation regime.

8 SEC. 1049. AVIATION LEADERSHIP PROGRAM.

9 (a) FINDINGS.—The Congress finds the following:

10 (1) The training of pilots from the air forces of

11 friendly foreign nations in the United States fur12 thers United States interests, promotes closer rela13 tions, and advances the national security.

14 (2) Many friendly foreign nations cannot afford

15 to reimburse the United States for the cost of such

16 training provided.

17 (3) It is in the national interest to authorize the

18 Secretary of the Air Force to establish a program of

19 pilot training for personnel of the air forces of

20 friendly, less developed foreign nations.

21 (b) ESTABLISHMENT OF PROGRAM.—Part III of sub22 title D of title 10, United States Code, is amended by in23 serting after chapter 903 the following new chapter:
424

HR 2401 EH

1 ‘‘CHAPTER 905—AVIATION LEADERSHIP

2 PROGRAM

‘‘Sec.

‘‘9381. Establishment of program.

‘‘9382. Supplies and clothing.

‘‘9383. Allowances.

3 ‘‘§ 9381. Establishment of program

4 ‘‘The Secretary of the Air Force may establish and

5 maintain an Aviation Leadership Program which will pro6 vide undergraduate pilot training and necessary related

7 training (including, but not limited to, language training

8 and programs to promote better awareness and under9 standing of the democratic institutions and social frame10 work of the United States) to selected personnel of the

11 air forces of friendly, less-developed foreign nations.

12 ‘‘§ 9382. Supplies and clothing

13 ‘‘(a) The Secretary of the Air Force may, under such

14 conditions as the Secretary may prescribe, provide to per15 sons receiving training under this chapter—

16 ‘‘(1) transportation incident to such training;

17 ‘‘(2) supplies and equipment for the use of such

18 persons during training;

19 ‘‘(3) flight clothing and other special clothing

20 required for training; and

21 ‘‘(4) billeting, food, and health services.

22 ‘‘(b) The Secretary may authorize such expenditures

23 from the appropriations of the Air Force as the Secretary
425

HR 2401 EH

1 considers necessary for the efficient and effective mainte2 nance of the Program in accordance with this chapter.

3 ‘‘§ 9383. Allowances

4 ‘‘The Secretary of the Air Force may pay to persons

5 receiving training under this chapter a living allowance at

6 a rate to be prescribed by the Secretary, taking into ac7 count the amount of living allowances authorized for mem8 bers of the armed forces under similar circumstances.’’.

9 (c) CLERICAL AMENDMENT.—The table of chapters

10 at the beginning of subtitle D of title 10, United States

11 Code, and part III of such subtitle are amended by insert12 ing after the items relating to chapter 903 the following

13 new item:

‘‘905. Aviation Leadership Program ........................................... 9381’’.

14 SEC. 1050. PUBLIC PURPOSE EXTENSIONS.

15 Section 203 of the Federal Property and Administra16 tive Services Act of 1949 (40 U.S.C. 484) is amended—

17 (1) in subsection (o) in the first sentence by in18 serting ‘‘or (q)’’ after ‘‘subsection (p)’’; and

19 (2) by adding at the end the following:

20 ‘‘(q)(1) Under such regulations as the Administrator,

21 after consultation with the Secretary of Defense, may pre22 scribe, the Administrator, or the Secretary of Defense in

23 the case of property located at a military installation

24 closed or realigned pursuant to the Defense Authorization

25 Amendments and Base Closure and Realignment Act
426

HR 2401 EH

1 (Public Law 100–526), the Defense Base Closure and Re2 alignment Act of 1990 (Public Law 101–510), or section

3 2687 of title 10, United States Code, may, in his or her

4 discretion, assign to the Secretary of Transportation for

5 disposal such surplus real property, including buildings,

6 fixtures, and equipment situated thereon, as is rec7 ommended by the Secretary of Transportation as being

8 needed for the development or operation of a port facility.

9 ‘‘(2) Subject to the disapproval of the Administrator

10 or the Secretary of Defense within 30 days after notice

11 by the Secretary of Transportation of a proposed convey12 ance of property for any of the purposes described in para13 graph (1), the Secretary of Transportation, through such

14 officers or employees of the Department of Transportation

15 as he or she may designate, may convey, at no consider16 ation to the United States, such surplus real property, in17 cluding buildings, fixtures, and equipment situated there18 on, for use in the development or operation of a port facil19 ity to any State, the District of Columbia, the Common20 wealth of Puerto Rico, Guam, American Samoa, the Vir21 gin Islands, the Trust Territory of the Pacific Islands, the

22 Commonwealth of the Northern Mariana Islands, or any

23 political subdivision, municipality, or instrumentality

24 thereof.
427

HR 2401 EH

1 ‘‘(3) No transfer of property may be made under this

2 paragraph until the Secretary of Transportation has—

3 ‘‘(A) determined, after consultation with the

4 Secretary of Labor, that the surplus real property to

5 be conveyed is located in an area of serious economic

6 disruption;

7 ‘‘(B) received and, after consultation with the

8 Secretary of Commerce, approved an economic devel9 opment plan submitted by an eligible grantee and

10 based on assured use of the property to be conveyed

11 as part of a necessary economic development pro12 gram; and

13 ‘‘(C) provided an explanatory statement as

14 specified in subsection (e)(6).

15 ‘‘(4) The instrument of conveyance of any surplus

16 real property and related personal property disposed of

17 under this subsection shall—

18 ‘‘(A) provide that all such property shall be

19 used and maintained in perpetuity for the purpose

20 for which it was conveyed, and that if the property

21 ceases to be used or maintained for that purpose, all

22 or any portion of the property shall, in its then ex23 isting condition, at the option of the United States,

24 revert to the United States; and
428

HR 2401 EH

1 ‘‘(B) contain such additional terms, reserva2 tions, restrictions, and conditions as the Secretary of

3 Transportation shall by regulation require to assure

4 use of the property for the purposes for which it was

5 conveyed and to safeguard the interests of the

6 United States.

7 ‘‘(5) With respect to surplus real property and related

8 personal property conveyed pursuant to this subsection,

9 the Secretary of Transportation shall—

10 ‘‘(A) determine and enforce compliance with the

11 terms, conditions, reservations, and restrictions con12 tained in any instrument by which such conveyance

13 was made;

14 ‘‘(B) reform, correct, or amend any such instru15 ment by the execution of a corrective, reformative,

16 or amendatory instrument if necessary to correct

17 such instrument or to conform such conveyance to

18 the requirements of applicable law; and

19 ‘‘(C)(i) grant releases from any of the terms,

20 conditions, reservations, and restrictions contained

21 in, and (ii) convey, quitclaim, or release to the

22 grantee any right or interest reserved to the United

23 States by, any instrument by which such conveyance

24 was made, if the Secretary of Transportation deter25 mines that the property so conveyed no longer serves
429

HR 2401 EH

1 the purpose for which it was conveyed, or that such

2 release, conveyance, or quitclaim deed will not pre3 vent accomplishment of the purpose for which such

4 property was so conveyed, except that any such re5 lease, conveyance, or quitclaim deed may be granted

6 on, or made subject to, such terms and conditions as

7 the Secretary of Transportation considers necessary

8 to protect or advance the interests of the United

9 States.’’.

10 SEC. 1051. INVOLVEMENT OF ARMED FORCES IN SOMALIA.

11 (a) SENSE OF CONGRESS REGARDING UNITED

12 STATES POLICY TOWARD SOMALIA.—

13 (1) Since United States Armed Forces made

14 significant contributions under Operation Restore

15 Hope towards the establishment of a secure environ16 ment for humanitarian relief operations and restora17 tion of peace in the region to end the humanitarian

18 disaster that had claimed more than 300,000 lives.

19 (2) Since the mission of United States forces in

20 support of the United Nations appears to be evolv21 ing from the establishment of ‘‘a secure environment

22 for humanitarian relief operations,’’ as set out in

23 United Nations Security Council Resolution 794 of

24 December 3, 1992, to one of internal security and

25 nation building.
430

HR 2401 EH

1 (b) STATEMENT OF CONGRESSIONAL POLICY.—

2 (1) CONSULTATION WITH THE CONGRESS.—

3 The President should consult closely with the Con4 gress regarding United States policy with respect to

5 Somalia, including in particular the deployment of

6 United States Armed Forces in that country, wheth7 er under United Nations or United States command.

8 (2) PLANNING.—The United States shall facili9 tate the assumption of the functions of United

10 States forces by the United Nations.

11 (3) REPORTING REQUIREMENT.—

12 (A) The President shall ensure that the

13 goals and objectives supporting deployment of

14 United States forces to Somalia and a descrip15 tion of the mission, command arrangements,

16 size, functions, location, and anticipated dura17 tion in Somalia of those forces are clearly ar18 ticulated and provided in a detailed report to

19 the Congress by October 15, 1993.

20 (B) Such report shall include the status of

21 planning to transfer the function contained in

22 paragraph (2).

23 (4) CONGRESSIONAL APPROVAL.—Upon report24 ing under the requirements of paragraph (3) Con25 gress believes the President should by November 15,
431

HR 2401 EH

1 1993, seek and receive congressional authorization

2 in order for the deployment of United States forces

3 to Somalia to continue.

4 SEC. 1052. NUCLEAR NONPROLIFERATION.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The United States has been seeking to con7 tain the spread of nuclear weapons technology and

8 materials.

9 (2) With the end of the Cold War and the

10 breakup of the Soviet Union, the proliferation of nu11 clear weapons is now a leading military threat to the

12 national security of the United States and its allies.

13 (3) The United Nations Security Council de14 clared on January 31, 1992, that ‘‘proliferation of

15 all weapons of mass destruction constitutes a threat

16 to international peace and security’’ and committed

17 to taking appropriate action to prevent proliferation

18 from occurring.

19 (4) Aside from the five declared nuclear weapon

20 states, a number of other nations have or are pursu21 ing nuclear weapons capabilities.

22 (5) The IAEA is a valuable international insti23 tution to counter proliferation, but the effectiveness

24 of its system to safeguard nuclear materials may be

25 adversely affected by financial constraints.
432

HR 2401 EH

1 (6) The Nuclear Non-Proliferation Treaty codi2 fies world consensus against further nuclear pro3 liferation and is scheduled for review and extension

4 in 1995.

5 (7) The Nuclear Nonproliferation Act of 1978

6 declared that the United States is committed to con7 tinued strong support for the Nuclear Non-Prolifera8 tion Treaty and to a strengthened and more effective

9 IAEA, and established that it is United States policy

10 to establish more effective controls over the transfer

11 of nuclear equipment, materials, and technology.

12 (b) COMPREHENSIVE NUCLEAR NONPROLIFERATION

13 POLICY.—In order to end nuclear proliferation and reduce

14 current nuclear arsenals and supplies of weapons-usable

15 nuclear materials, it should be the policy of the United

16 States to pursue a comprehensive policy to end the further

17 spread of nuclear weapons capability, roll back nuclear

18 proliferation where it has occurred, and prevent the use

19 of nuclear weapons anywhere in the world, with the follow20 ing additional objectives:

21 (1) Successful conclusion of all pending nuclear

22 arms control and disarmament agreements with all

23 the republics of the former Soviet Union and their

24 secure implementation.
433

HR 2401 EH

1 (2) Full participation by all the republics of the

2 former Soviet Union in all multilateral nuclear non3 proliferation efforts and acceptance of IAEA safe4 guards on all their nuclear facilities.

5 (3) Strengthening of United States and inter6 national support to the IAEA so that the IAEA has

7 the technical, financial, and political resources to

8 verify that countries are complying with their non9 proliferation commitments.

10 (4) Strengthening of nuclear export controls in

11 the United States and other nuclear supplier na12 tions, impose sanctions on individuals, companies,

13 and countries which contribute to nuclear prolifera14 tion, and provide increased public information on

15 nuclear export licenses approved in the United

16 States.

17 (5) Reduction in incentives for countries to pur18 sue the acquisition of nuclear weapons by seeking to

19 reduce regional tensions and to strengthen regional

20 security agreements, and encourage the United Na21 tions Security Council to increase its role in enforc22 ing international nuclear nonproliferation agree23 ments.

24 (6) Support for the indefinite extension of the

25 Nuclear Non-Proliferation Treaty at the 1995 con-
434

HR 2401 EH

1 ference to review and extend that treaty and seek to

2 ensure that all countries sign the treaty or partici3 pate in a comparable international regime for mon4 itoring and safeguarding nuclear facilities and mate5 rials.

6 (7) Reaching agreement with the Russian Fed7 eration to end the production of new types of nu8 clear warheads.

9 (8) Pursuing, once the START I treaty and the

10 START II treaty are ratified by all parties, a multi11 lateral agreement to significantly reduce the strate12 gic nuclear arsenals of the United States and the

13 Russian Federation to below the levels of the

14 START II treaty, with lower levels for the United

15 Kingdom, France, and the People’s Republic of

16 China.

17 (9) Reaching immediate agreement with the

18 Russian Federation to halt permanently the produc19 tion of fissile material for weapons purposes, and

20 working to achieve worldwide agreements to—

21 (A) end in the shortest possible time the

22 production of weapons-usable fissile material;

23 (B) place existing stockpiles of such mate24 rials under bilateral or international controls;

25 and
435

HR 2401 EH

1 (C) require countries to place all of their

2 nuclear facilities dedicated to peaceful purposes

3 under IAEA safeguards.

4 (10) Strengthening IAEA safeguards to more

5 effectively verify that countries are complying with

6 their nonproliferation commitments and provide the

7 IAEA with the political, technical, and financial sup8 port necessary to implement the necessary safeguard

9 reforms.

10 (11) Conclusion of a multilateral comprehensive

11 nuclear test ban treaty.

12 (c) REQUIREMENTS FOR IMPLEMENTATION OF POL13 ICY.—(1) Not later than 180 days after the date of the

14 enactment of this Act, the President shall submit to the

15 Congress a report, in unclassified form, with a classified

16 appendix if necessary, on the actions the United States

17 has taken and the actions the United States plans to take

18 during the succeeding 12-month period to implement each

19 of the policy objectives set forth in this section.

20 (2) Not later than 180 days after the date of the en21 actment of this Act, the President shall submit to the Con22 gress a report in unclassified form, with a classified ap23 pendix if necessary, which—
436

HR 2401 EH

1 (A) addresses the implications of the adoption

2 by the United States of a policy of no-first-use of

3 nuclear weapons;

4 (B) addresses the implications of an agreement

5 with the other nuclear weapons states to adopt such

6 a policy; and

7 (C) addresses the implications of a verifiable bi8 lateral agreement with the Russian Federation

9 under which both countries withdraw from their ar10 senals and dismantle all tactical nuclear weapons,

11 and seek to extend to all nuclear weapons states this

12 zero option for tactical nuclear weapons.

13 (d) DEFINITIONS.—For purposes of this section:

14 (1) The term ‘‘IAEA’’ means the International

15 Atomic Energy Agency.

16 (2) The term ‘‘IAEA safeguards’’ means the

17 safeguards set forth in an agreement between a

18 country and the IAEA, as authorized by Article

19 III(A)(5) of the Statute of the International Atomic

20 Energy Agency.

21 (3) The term ‘‘non-nuclear weapon state’’

22 means any country that is not a nuclear weapon

23 state.

24 (4) The term ‘‘Nuclear Non-Proliferation Trea25 ty’’ means the Treaty on the Non-Proliferation of
437

HR 2401 EH

1 Nuclear Weapons, signed at Washington, London,

2 and Moscow on July 1, 1968.

3 (5) The term ‘‘nuclear weapon state’’ means

4 any country that is a nuclear-weapon state, as de5 fined by Article IX(3) of the Treaty on the Non-Pro6 liferation of Nuclear Weapons, signed at Washing7 ton, London, and Moscow on July 1, 1968.

8 (6) The term ‘‘weapons-usable fissile materials’’

9 means highly enriched uranium and separated or re10 processed plutonium.

11 (7) The term ‘‘policy of no first use of nuclear

12 weapons’’ means a commitment not to initiate the

13 use of nuclear weapons.

14 (8) The term ‘‘START II treaty’’ means the

15 Treaty on Further Reductions and Limitations of

16 Strategic Offensive Arms, signed by the United

17 States and the Russian Federation on January 3,

18 1993.

19 SEC. 1053. SENSE OF CONGRESS RELATING TO THE PRO20 LIFERATION OF SPACE LAUNCH VEHICLE

21 TECHNOLOGIES.

22 (a) FINDINGS.—The Congress finds the following:

23 (1) The United States has joined with other na24 tions in the Missile Technology Control Regime

25 (MTCR) which restricts the transfer of missiles or
438

HR 2401 EH

1 equipment or technology that could contribute to the

2 design, development or production of missiles capa3 ble of delivering weapons of mass destruction.

4 (2) Missile technology is indistinguishable from

5 and interchangeable with space launch vehicle tech6 nology.

7 (3) Transfers of missile technology or space

8 launch vehicle technology cannot be safeguarded in

9 a manner that would provide timely warning of di10 version for military purposes.

11 (4) It has been United States policy since

12 agreeing to the guidelines of the Missile Technology

13 Control Regime to treat the sale or transfer of space

14 launch vehicle technology as restrictively as the sale

15 or transfer of missile technology.

16 (5) Previous congressional action on missile

17 proliferation, notably title XVII of the National De18 fense Authorization Act for Fiscal Year 1991 (Pub19 lic Law 101–510; 104 Stat. 1738), has explicitly

20 supported this policy through such actions as the

21 statutory definition of the term ‘‘missile’’ to mean

22 ‘‘a category I system as defined in the MTCR

23 Annex, and any other unmanned delivery system of

24 similar capability, as well as the specially designed

25 production facilities for these systems’’.
439

HR 2401 EH

1 (6) There is strong evidence that emerging na2 tional space launch programs in the Third World are

3 not economically viable.

4 (7) The United States has successfully dis5 suaded countries from pursuing space launch vehicle

6 programs in part by offering to cooperate with them

7 in other areas of space science and technology.

8 (8) The United States has successfully dis9 suaded other MTCR adherents, and countries who

10 have agreed to abide by MTCR guidelines, from pro11 viding assistance to emerging national space launch

12 programs in the Third World.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the Congress supports the strict interpreta16 tion by the United States of the Missile Technology

17 Control Regime concerning—

18 (A) the inability to distinguish space

19 launch vehicle technology from missile tech20 nology under the regime; and

21 (B) the inability to safeguard space launch

22 vehicle technology in a manner that would pro23 vide timely warning of its diversion to military

24 purposes; and
440

HR 2401 EH

1 (2) the United States and the governments of

2 other nations adhering to the Missile Technology

3 Control Regime should be recognized for—

4 (A) the success of such governments in re5 stricting the export of space launch vehicle

6 technology and of missile technology; and

7 (B) the significant contribution made by

8 the imposition of such restrictions to reducing

9 the proliferation of missile technology capable

10 of being used to deliver weapons of mass de11 struction.

12 (c) DEFINITIONS.—In this section:

13 (1) The term ‘‘Missile Technology Control Re14 gime’’ or ‘‘MTCR’’ means the policy statement, be15 tween the United States, the United Kingdom, the

16 Federal Republic of Germany, France, Italy, Can17 ada, and Japan, announced on April 16, 1987, to re18 strict sensitive missile-relevant transfers based on

19 the MTCR Annex, and any amendments thereto.

20 (2) The term ‘‘MTCR Annex’’ means the

21 Guidelines and Equipment and Technology Annex of

22 the Missile Technology Control Regime, and any

23 amendments thereto.
441

HR 2401 EH

1 SEC. 1054. LIMITATION ON USE OF FUNDS FOR CERTAIN

2 PLUTONIUM STORAGE BY RUSSIA.

3 (a) LIMITATION.—None of the funds authorized to

4 be appropriated by this Act or any other Act for any fiscal

5 year may be obligated or expended for the purpose of as6 sisting the Ministry of Atomic Energy of Russia to con7 struct a storage facility for surplus plutonium from dis8 mantled weapons, unless the President certifies to the

9 Congress—

10 (1) that Russia is committed to halting the

11 chemical separation of weapon-grade plutonium from

12 spent nuclear fuel; and

13 (2) that Russia is taking all practical steps to

14 halt such separation at the earliest possible date.

15 (b) SENSE OF CONGRESS ON PLUTONIUM POLICY.—

16 It is the sense of the Congress that a key objective of the

17 United States with respect to the nonproliferation of nu18 clear weapons should be to obtain a clear and unequivocal

19 commitment from the Government of Russia that it will

20 cease all production and separation of weapon-grade pluto21 nium and halt chemical separation of plutonium produced

22 in civil nuclear power reactors.

23 (c) REPORT.—Not later than June 1, 1994, the

24 President shall submit to the Congress a report on the

25 status of efforts by the United States to secure the com26 mitments and achieve the objectives described in sub-
442

HR 2401 EH

1 sections (a) and (b), including the status of joint efforts

2 by the United States and Russia to replace any remaining

3 Russian plutonium production reactors with alternative

4 power sources or to convert such reactors to operation

5 with alternative fuels that would permit their operation

6 without generating weapon-grade plutonium.

7 SEC. 1055. COUNTERPROLIFERATION.

8 (a) IN GENERAL.—Chapter 20 of title 10, United

9 States Code, is amended by adding at the end the follow10 ing new subchapter:

11 ‘‘SUBCHAPTER III—COUNTERPROLIFERATION

‘‘Sec.

‘‘415. International counterproliferation activities.

‘‘416. Counterproliferation policy.

‘‘417. Semiannual report.

12 ‘‘§ 415. International counterproliferation activities

13 ‘‘(a) ASSISTANCE FOR INTERNATIONAL

14 COUNTERPROLIFERATION ACTIVITIES.—Subject to the

15 limitations and requirements provided in this section, in

16 order to support international activities with respect to the

17 nonproliferation of weapons of mass destruction and their

18 delivery systems, the Secretary of Defense, under the guid19 ance of the President, may provide the assistance specified

20 in subsection (b).

21 ‘‘(b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE

22 PROVIDED.—The following activities are authorized under

23 this section:
443

HR 2401 EH

1 ‘‘(1) Support of nonproliferation monitoring

2 programs, nonproliferation inspection programs, and

3 nonproliferation compliance programs, to include—

4 ‘‘(A) support of the United Nations Special

5 Commission on Iraq for its inspection and long6 term monitoring activities; and

7 ‘‘(B) support of activities of the Inter8 national Atomic Energy Agency that are de9 signed to ensure more effective safeguards

10 against nuclear proliferation and more aggres11 sive verification of compliance with the Treaty

12 on the Non-Proliferation of Nuclear Weapons of

13 July 1, 1968.

14 ‘‘(2) Monitoring and control of transfers of

15 weapons of mass destruction, related technologies,

16 and other sensitive goods and technologies.

17 ‘‘(3) Efforts to improve international coopera18 tion in monitoring of nuclear weapons proliferation,

19 nuclear security, and nuclear safety projects to com20 bat the threat of nuclear theft, terrorism, or acci21 dents, to include—

22 ‘‘(A) collaborative activities such as joint

23 emergency response exercises, technical assist24 ance, and training; and
444

HR 2401 EH

1 ‘‘(B) joint technical projects and improved

2 intelligence sharing.

3 ‘‘(4) Efforts to improve international capabili4 ties and cooperation in deterring and responding to

5 terrorism, theft, and proliferation involving weapons

6 of mass destruction.

7 ‘‘(c) COORDINATION.—The President shall coordinate

8 the activities described in subsection (b) with those au9 thorized in section 504 of the Freedom for Russia and

10 Emerging Eurasian Democracies and Open Markets Sup11 port Act (Public Law 102–511; 22 U.S.C. 5854).

12 ‘‘(d) SOURCES OF ASSISTANCE.—Supplies and equip13 ment provided as assistance under this section may be pro14 vided, by loan or donation, from existing stocks of the De15 partment of Defense and the Department of Energy.

16 ‘‘(e) PRIOR NOTICE TO CONGRESS.—Not less than

17 15 days before providing assistance under this section, the

18 Secretary of Defense shall transmit to the appropriate

19 congressional committees a report on the proposed assist20 ance. Each report shall specify—

21 ‘‘(1) the forms of assistance the Secretary of

22 Defense proposes to provide;

23 ‘‘(2) the recipient of the proposed assistance;
445

HR 2401 EH

1 ‘‘(3) the proposed involvement of United States

2 Government departments and agencies in providing

3 such assistance; and

4 ‘‘(4) the amount of funds proposed to be obli5 gated by the Department of Defense in order to pro6 vide such assistance.

7 ‘‘(f) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘weapons of mass destruction’

9 includes nuclear, radiological, chemical, and biologi10 cal weapons.

11 ‘‘(2) The term ‘delivery system’ means a ballis12 tic missile, manned or unmanned air vehicle, or

13 cruise missile that (A) is capable of delivering a 500

14 kilogram payload to a range of 300 kilometers, or

15 (B) is intended to deliver weapons of mass destruc16 tion regardless of range or payload.

17 ‘‘§ 416. Counterproliferation policy

18 ‘‘(a) PROGRAMS.—The Secretary of Defense may

19 conduct counterproliferation policy research and analysis

20 programs as described in subsection (b) to support the

21 counterproliferation activities of the Department of De22 fense.

23 ‘‘(b) COUNTERPROLIFERATION EFFORTS.—Such

24 counterproliferation policy research and analysis may in25 clude programs intended to explore defense policy issues
446

HR 2401 EH

1 that might be involved in efforts to prevent and counter

2 the proliferation of weapons of mass destruction and their

3 delivery systems. Such efforts include—

4 ‘‘(1) enhancing United States military capabili5 ties to deter and respond to terrorism, theft and

6 proliferation involving weapons of mass destruction;

7 ‘‘(2) cooperating in international programs to

8 enhance military capabilities to deter and respond to

9 terrorism, theft and proliferation involving weapons

10 of mass destruction; and

11 ‘‘(3) otherwise contributing to Department of

12 Defense capabilities to deter, identify, monitor and

13 respond to such terrorism, theft and proliferation in14 volving weapons of mass destruction.

15 ‘‘(c) DESIGNATION OF COORDINATOR.—The Sec16 retary of Defense shall designate the Under Secretary of

17 Defense for Policy to coordinate the research of the De18 partment of Defense on countering proliferation of weap19 ons of mass destruction and their delivery systems.

20 ‘‘§ 417. Semiannual report

21 ‘‘(a) REPORT.—Not later than April 30 of each year,

22 and not later than October 30 of each year, the Secretary

23 of Defense shall submit to the committees of Congress

24 named in subsection (b) a report on the activities carried

25 out under sections 415 and 416 of this title. Each report
447

HR 2401 EH

1 shall set forth for the preceding six-month period the fol2 lowing:

3 ‘‘(1) For activities carried out under section

4 415 of this title—

5 ‘‘(A) a description of the assistance pro6 vided;

7 ‘‘(B) the recipients of that assistance; and

8 ‘‘(C) a description of the participation of

9 the Department of Defense and other Federal

10 agencies in providing the assistance.

11 ‘‘(2) For activities carried out under section

12 416 of this title—

13 ‘‘(A) a description of the research and

14 analysis carried out;

15 ‘‘(B) the amounts spent for such research

16 and analysis;

17 ‘‘(C) the organizations that conducted the

18 research and analysis;

19 ‘‘(D) an explanation of the extent to which

20 such research and analysis contributes to en21 hancing United States military capabilities to

22 deter and respond to terrorism, theft, and pro23 liferation involving weapons of mass destruc24 tion; and
448

HR 2401 EH

1 ‘‘(E) a description of the measures being

2 taken to ensure that such research and analysis

3 within the Department of Defense is effectively

4 managed and comprehensively coordinated.

5 ‘‘(b) CONGRESSIONAL COMMITTEES.—The commit6 tees of Congress to which reports under subsection (a) are

7 to be submitted are—

8 ‘‘(1) the Committee on Armed Services, the

9 Committee on Appropriations, the Committee on

10 Foreign Relations, and the Select Committee on In11 telligence of the Senate; and

12 ‘‘(2) The Committee on Armed Services, the

13 Committee on Appropriations, the Committee on

14 Foreign Affairs, and the Select Committee on Intel15 ligence of the House of Representatives.’’.

16 (b) FISCAL YEAR 1994 FUNDING.—(1) In addition

17 to funds otherwise available, funds for assistance author18 ized under section 415 of title 10, United States Code (as

19 added by subsection (a)), for fiscal year 1994 shall be de20 rived from amounts authorized in section 301(5) and shall

21 not exceed $25,000,000. None of such assistance for fiscal

22 year 1994 may be provided in the form of cash contribu23 tions.

24 (2) Funds for counterproliferation policy research

25 and analysis programs for fiscal year 1994 under section
449

HR 2401 EH

1 416 of title 10, United States Code (as added by sub2 section (a)), shall be derived from amounts appropriated

3 in fiscal year 1994 for Defense-wide Activities and shall

4 not exceed $6,000,000.

5 (c) RESTRICTION.—Note of the funds authorized in

6 section 301(5) shall be available for the purposes stated

7 in sections 415 or 416 of title 10, United States Code (as

8 added by subsection (a)), until 15 days after the date on

9 which the Secretary of Defense has submitted to the ap10 propriate congressional committees a report setting

11 forth—

12 (1) a description of all the activities within the

13 Department of Defense that are being carried out or

14 are to be carried out with the purposes described in

15 sections 415 and 416 of title 10, United States Code

16 (as added by subsection (a));

17 (2) the plan for coordinating and integrating

18 these activities within the Department of Defense;

19 and

20 (3) the plan for coordinating and integrating

21 these activities with those of other Federal agencies.

22 (d) CLERICAL AMENDMENT.—The table of sub23 chapters at the beginning of chapter 20 of title 10, United

24 States Code, is amended by adding at the end the follow25 ing new item:

‘‘III. Counterproliferation ......................................................................... 415’’.
450

HR 2401 EH

1 SEC. 1056. REPORT REQUIREMENT.

2 (a) EFFECT OF INCREASED USE OF DUAL-USE

3 TECHNOLOGIES ON ABILITY TO CONTROL EXPORTS.—

4 Not later than six months after the date of the enactment

5 of this Act, the Secretary of Defense shall submit to Con6 gress a report assessing what effect the increased use of

7 dual-use and commercial technologies and items by the

8 Department of Defense could have on the ability of the

9 United States to control adequately the export of sensitive

10 dual-use and military technologies and items to nations

11 to whom the receipt of such technologies is contrary to

12 United States national security interests.

13 (b) CONSULTATION.—The report required by sub14 section (a) shall be prepared in consultation with the Di15 rector of Central Intelligence.

16 TITLE XI—CHEMICAL AND BIO17 LOGICAL WEAPONS DEFENSE

18 SEC. 1101. DESIGNATION OF ARMY AS EXECUTIVE AGENT

19 FOR CHEMICAL AND BIOLOGICAL WARFARE

20 DEFENSE PROGRAMS.

21 (a) DESIGNATION.—The Secretary of Defense shall

22 designate the Army as executive agent for the Department

23 of Defense for the chemical and biological warfare defense

24 programs of the Department of Defense, including (1) re25 search, development, test, and evaluation, and (2) procure26 ment.
451

HR 2401 EH

1 (b) OVERSIGHT.—It is the sense of Congress that the

2 Defense Acquisition Board should exercise oversight over

3 the chemical and biological warfare defense program.

4 SEC. 1102. REQUIREMENT FOR SINGLE OVERSIGHT OFFICE

5 FOR CHEMICAL-BIOLOGICAL DEFENSE PRO6 GRAMS WITHIN THE OFFICE OF THE SEC7 RETARY OF DEFENSE.

8 The Secretary of Defense shall assign responsibility

9 for overall defense policy coordination and integration of

10 the chemical and biological defense program and the

11 chemical and biological medical defense program to a sin12 gle office within the Office of the Secretary of Defense.

13 SEC. 1103. CONSOLIDATION OF CHEMICAL AND BIOLOGI14 CAL DEFENSE TRAINING ACTIVITIES.

15 The Secretary of Defense shall consolidate all chemi16 cal and biological warfare defense training activities of the

17 Department of Defense at the United States Army Chemi18 cal School.

19 SEC. 1104. ANNUAL REPORT ON CHEMICAL AND BIOLOGI20 CAL WARFARE DEFENSE.

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

22 shall include in the annual report of the Secretary under

23 section 113 of title 10, United States Code, a report on

24 chemical and biological warfare defense. The report shall

25 assess (1) the overall readiness of the Armed Forces to
452

HR 2401 EH

1 fight in a chemical-biological warfare environment and

2 shall describe steps taken and planned to be taken to im3 prove such readiness, and (2) requirements for the chemi4 cal and biological warfare defense program, including re5 quirements for training, detection, and protective equip6 ment, for medical prophylaxis, and for treatment of cas7 ualties resulting from use of chemical or biological weap8 ons.

9 (b) MATTERS TO BE INCLUDED.—The report shall

10 include information on the following:

11 (1) The quantities, characteristics, and capabili12 ties of fielded chemical and biological defense equip13 ment to meet wartime and peacetime requirements

14 for support of the Armed Forces, including individ15 ual protective items.

16 (2) The status of research and development

17 programs, and acquisition programs, for required

18 improvements in chemical and biological defense

19 equipment and medical treatment, including an as20 sessment of the ability of the Department of Defense

21 and the industrial base to meet those requirements.

22 (3) Measures taken to ensure the integration of

23 requirements for chemical and biological defense

24 equipment and material among the Armed Forces.
453

HR 2401 EH

1 (4) The status of nuclear, biological, and chemi2 cal (NBC) warfare defense training and readiness

3 among the Armed Forces and measures being taken

4 to include realistic nuclear, biological, and chemical

5 warfare simulations in war games, battle simula6 tions, and training exercises.

7 (5) Measures taken to improve overall manage8 ment and coordination of the chemical and biological

9 defense program.

10 (6) Problems encountered in the chemical and

11 biological warfare defense program during the past

12 year and recommended solutions to those problems

13 for which additional resources or actions by the Con14 gress are required.

15 SEC. 1105. PREPARATIONS FOR IMPLEMENTATION OF THE

16 CHEMICAL WEAPONS CONVENTION.

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that the President should—

19 (1) seek early ratification of the 1993 Chemical

20 Weapons Convention and establish a coordinated

21 and authoritative interagency program to develop

22 measures for implementation of the convention, in23 cluding improvements in appropriate export controls,

24 the training of international inspectors and other

25 members of Chemical Weapons Convention inspec-
454

HR 2401 EH

1 tion and verification teams, and plans for assistance

2 to states requesting assistance under article X of the

3 convention; and

4 (2) develop a policy that addresses the manner

5 in which the United States provides support under

6 the 1993 Chemical Weapons Convention to protect

7 signatories of that convention against chemical war8 fare.

9 (b) SUPPORT FOR PREPARATORY COMMISSION.—It is

10 the sense of Congress that the United States should pro11 vide full funding and support for the United States portion

12 of the expenses of the Chemical Weapons Convention Pre13 paratory Commission created under the 1993 Chemical

14 Weapons Convention.

15 (c) REPORT.—Not later than February 1, 1994, the

16 Secretary of Defense shall submit to Congress a report

17 on preparations for implementation of the 1993 Chemical

18 Weapons Convention. The report shall include (1) a de19 scription of the chemical warfare defense preparations

20 that have been and are being undertaken by the Depart21 ment of Defense to address needs which may arise under

22 article X of the Chemical Weapons Convention, and (2)

23 a summary of other preparations undertaken by the De24 partment of Defense to prepare for and to assist in the

25 implementation of the convention, including activities such
455

HR 2401 EH

1 as training for inspectors, preparation of defense installa2 tions for inspections under the convention, provision of

3 chemical weapons detection equipment, and assistance in

4 the safe transportation, storage, and destruction of chemi5 cal weapons in other signatory nations to the convention.

6 SEC. 1106. SENSE OF CONGRESS CONCERNING RESPONSE

7 TO TERRORIST THREATS.

8 It is the sense of Congress that the President should

9 strengthen emergency planning by the Federal Emergency

10 Management Agency, in coordination with other appro11 priate Federal and State agencies, for development of

12 early detection and warning capability of and response to

13 (1) potential terrorist use of chemical or biological agents

14 or weapons, and (2) natural disasters involving industrial

15 chemicals or the widespread outbreak of naturally occur16 ring disease.

17 SEC. 1107. SENSE OF CONGRESS CONCERNING OTHER

18 CHEMICAL AND BIOLOGICAL DEFENSE MAT19 TERS.

20 It is the sense of Congress that—

21 (1) the President should establish appropriate

22 strategies (A) to integrate chemical-related intel23 ligence and biological-related intelligence, (B) to in24 tegrate chemical-related arms control agreements

25 and biological-related arms control agreements, and
456

HR 2401 EH

1 (C) to integrate chemical-related research and devel2 opment and biological-related research and develop3 ment programs;

4 (2) the President should strengthen United

5 States capabilities for intelligence collection and

6 analysis concerning the chemical warfare threat, the

7 biological warfare threat, and the biological terrorist

8 threat; and

9 (3) the President should seek to strengthen the

10 1972 Biological Weapons Convention by seeking

11 international adoption of a regime designed to raise

12 the economic and political costs to any nation that

13 pursues a biological warfare program.

14 SEC. 1108. INTERNATIONAL COOPERATION PROGRAM.

15 (a) PROGRAM.—The Secretary of Defense shall es16 tablish a program to promote greater international co17 operation for research and development and training for

18 chemical and biological weapons defense.

19 (b) FUNDING.—Of the amounts authorized to be ap20 propriated by section 201, $10,000,000 shall be available

21 for the establishment of the program under subsection (a).
457

HR 2401 EH

1 SEC. 1109. AGREEMENTS TO PROVIDE SUPPORT TO VAC2 CINATION PROGRAMS OF DEPARTMENT OF

3 HEALTH AND HUMAN SERVICES.

4 The Secretary of the Army may enter into agree5 ments with the Secretary of Health and Human Services

6 to provide support for vaccination programs of the Sec7 retary of Health and Human Services in the United States

8 through use of the excess peacetime biological weapons de9 fense capability of the Department of Defense.

10 TITLE XII—COOPERATIVE

11 THREAT REDUCTION WITH

12 STATES OF FORMER SOVIET

13 UNION

14 SEC. 1201. SHORT TITLE.

15 This title may be cited as the ‘‘Cooperative Threat

16 Reduction Act of 1993’’.

17 SEC. 1202. FINDINGS ON COOPERATIVE THREAT REDUC18 TION.

19 The Congress finds that it is in the national security

20 interest of the United States for the United States to do

21 the following:

22 (1) Facilitate, on a priority basis, the transpor23 tation, storage, safeguarding, and elimination of nu24 clear and other weapons of the independent states of

25 the former Soviet Union, including (A) the safe and

26 secure storage of fissile materials derived from the
458

HR 2401 EH

1 elimination of nuclear weapons, (B) the dismantle2 ment of (i) intercontinental ballistic missiles and

3 launchers for such missiles, (ii) submarine-launched

4 ballistic missiles and launchers for such missiles, and

5 (iii) heavy bombers, and (C) the elimination of

6 chemical, biological and other weapons capabilities.

7 (2) Facilitate, on a priority basis, the preven8 tion of proliferation of weapons of mass destruction

9 and their components and destabilizing conventional

10 weapons of the independent states of the former So11 viet Union, and the establishment of verifiable safe12 guards against the proliferation of such weapons.

13 (3) Facilitate, on a priority basis, the preven14 tion of diversion of weapons-related scientific exper15 tise of the independent states of the former Soviet

16 Union to terrorist groups or third countries.

17 (4) Support (A) the demilitarization of the de18 fense-related industry and equipment of the inde19 pendent states of the former Soviet Union, and (B)

20 the conversion of such industry and equipment to ci21 vilian purposes and uses.

22 (5) Expand military-to-military and defense

23 contacts between the United States and the inde24 pendent states of the former Soviet Union.
459

HR 2401 EH

1 SEC. 1203. AUTHORITY FOR PROGRAMS TO FACILITATE CO2 OPERATIVE THREAT REDUCTION.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, the President may conduct programs de5 scribed in subsection (b) to assist the independent states

6 of the former Soviet Union in the demilitarization of the

7 former Soviet Union. Any such program may be carried

8 out only to the extent that the President determines that

9 the program will directly contribute to the national secu10 rity interests of the United States.

11 (b) AUTHORIZED PROGRAMS.—The programs re12 ferred to in subsection (a) are the following:

13 (1) Programs to facilitate the elimination, and

14 the safe and secure transportation and storage, of

15 nuclear, chemical, and other weapons and their de16 livery vehicles.

17 (2) Programs to facilitate the safe and secure

18 storage of fissile materials derived from the elimi19 nation of nuclear weapons.

20 (3) Programs to prevent the proliferation of

21 weapons, weapons components, and weapons-related

22 technology and expertise.

23 (4) Programs to expand military-to-military and

24 defense contacts.
460

HR 2401 EH

1 (5) Programs to facilitate the demilitarization

2 of defense industries and the conversion of military

3 technologies and capabilities into civilian activities.

4 (6) Other programs as described in section

5 212(b) of the Soviet Nuclear Threat Reduction Act

6 of 1991 (title II of Public Law 102–228) and sec7 tion 1412(b) of the Former Soviet Union Demili8 tarization Act of 1992 (title XIV of Public Law

9 102–484).

10 (c) UNITED STATES PARTICIPATION.—The programs

11 described in subsection (b) should, to the extent feasible,

12 draw upon United States technology and expertise, espe13 cially from the United States private sector.

14 (d) RESTRICTIONS.—Assistance authorized by sub15 section (a) may not be provided for any year to any coun16 try which is an independent state of the former Soviet

17 Union unless the President certifies to Congress for that

18 year that the proposed recipient country is committed to

19 each of the following:

20 (1) Making substantial investment of its re21 sources for dismantling or destroying such weapons

22 of mass destruction, if such country has an obliga23 tion under a treaty or other agreement to destroy or

24 dismantle any such weapons.
461

HR 2401 EH

1 (2) Foregoing any military modernization pro2 gram that exceeds legitimate defense requirements

3 and foregoing the replacement of destroyed weapons

4 of mass destruction.

5 (3) Foregoing any use in new nuclear weapons

6 of fissionable or other components of destroyed nu7 clear weapons.

8 (4) Facilitating United States verification of

9 any weapons destruction carried out under this sec10 tion, section 1412(b) of the Former Soviet Union

11 Demilitarization Act of 1992 (title XIV of Public

12 Law 102–484), or section 212(b) of the Soviet Nu13 clear Threat Reduction Act of 1991 (title II of Pub14 lic Law 102–228).

15 (5) Complying with all relevant arms control

16 agreements.

17 (6) Observing internationally recognized human

18 rights, including the protection of minorities.

19 SEC. 1204. FUNDING FOR FISCAL YEAR 1994.

20 (a) AUTHORIZATION OF NEW APPROPRIATIONS.—

21 There is hereby authorized to be appropriated for fiscal

22 year 1994 for the purposes authorized in section 1203 the

23 sum of $400,000,000.

24 (b) AUTHORIZATION OF EXTENSION OF AVAILABIL25 ITY OF PRIOR YEAR FUNDS.—To the extent provided in
462

HR 2401 EH

1 appropriations Acts, the authority to transfer funds of the

2 Department of Defense provided in section 9110(a) of the

3 Department of Defense Appropriations Act, 1993 (Public

4 Law 102–396; 106 Stat. 1928), and in section 108 of

5 Public Law 102–229; 105 Stat. 1708 shall continue to be

6 in effect during fiscal year 1994.

7 SEC. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION

8 OF FUNDS.

9 (a) NOTICE OF PROPOSED OBLIGATION.—Not less

10 than 15 days before obligation of any funds under section

11 1203, the President shall transmit to the appropriate con12 gressional committees (as defined in section 1208) a re13 port on the proposed obligation. Each such report shall

14 specify—

15 (1) the activities and forms of assistance for

16 which the President plans to obligate such funds,

17 (2) the amount of the proposed obligation, and

18 (3) the projected involvement of the United

19 States Government departments and agencies and

20 the United States private sector.

21 (b) INDUSTRIAL DEMILITARIZATION.—Any report

22 under subsection (a) that covers proposed industrial de23 militarization projects shall contain additional information

24 to assist the Congress in determining the merits of the
463

HR 2401 EH

1 proposed projects. Such information shall include descrip2 tions of—

3 (1) the facilities to be demilitarized;

4 (2) the types of activities conducted at those fa5 cilities and of the types of nonmilitary activities

6 planned for those facilities;

7 (3) the forms of assistance to be provided by

8 the United States Government and by the United

9 States private sector;

10 (4) the extent to which military production ca11 pability will consequently be eliminated at those fa12 cilities; and

13 (5) the mechanisms to be established for mon14 itoring progress on those projects.

15 SEC. 1206. AUTHORIZATION FOR ADDITIONAL FISCAL YEAR

16 1993 ASSISTANCE TO THE INDEPENDENT

17 STATES OF THE FORMER SOVIET UNION.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

19 hereby authorized to be appropriated for fiscal year 1993

20 for the account ‘‘Operation and Maintenance, Defense

21 Agencies’’, the additional sum of $979,000,000, to be

22 available for the purposes of providing assistance to the

23 independent states of the former Soviet Union.

24 (b) AUTHORIZATION OF TRANSFER OF FUNDS.—The

25 Secretary of Defense may, to the extent provided in appro-
464

HR 2401 EH

1 priations Acts, transfer from the account ‘‘Operation and

2 Maintenance, Defense Agencies’’ for fiscal year 1993 a

3 sum not to exceed the amount appropriated pursuant to

4 the authorization in subsection (a) to—

5 (1) other accounts of the Department of De6 fense for the purpose of providing assistance to the

7 independent states of the former Soviet Union; or

8 (2) appropriations available to the Department

9 of State and other agencies of the United States

10 Government for the purpose of providing assistance

11 to the independent states of the former Soviet Union

12 for programs that the President determines will in13 crease the national security of the United States.

14 (c) ADMINISTRATIVE PROVISIONS.—(1) Amounts

15 transferred under subsection (b) shall be available subject

16 to the same terms and conditions as the appropriations

17 to which transferred.

18 (2) The authority to make transfers pursuant to this

19 section is in addition to any other transfer authority of

20 the Department of Defense.

21 (d) COORDINATION OF PROGRAMS.—The President

22 shall coordinate the programs described in subsection (b)

23 with those authorized in the other provisions of this title

24 and in the provisions of the Freedom for Russia and

25 Emerging Eurasian Democracies and Open Markets Sup-
465

HR 2401 EH

1 port Act of 1992 (Public Law 102–511) so as to optimize

2 the contribution such programs make to the national in3 terests of the United States.

4 (e) REMOVAL OF RUSSIAN FORCES FROM THE BAL5 TIC STATES.—(1) Paragraph (5) of section 498A(b) of the

6 Foreign Assistance Act of 1961 is amended to read as fol7 lows:

8 ‘‘(5) for the Government of Russia until the

9 President certifies to the Congress that the Govern10 ment of Russia—

11 ‘‘(A) has made further significant progress

12 since the President’s certification to the Con13 gress on May 31, 1993, on the removal of all

14 of the armed forces of Russia and the Common15 wealth of Independent States from Estonia,

16 Latvia, and Lithuania (including any units of

17 such forces that are demobilized), or has com18 pleted with the governments of such countries

19 negotiated agreements that include timetables

20 for such removal; and

21 ‘‘(B) has undertaken good faith efforts,

22 such as negotiations, to end other military prac23 tices by Russia and the Commonwealth of Inde24 pendent States that violate the sovereignty of

25 Estonia, Latvia, or Lithuania, including—
466

HR 2401 EH

1 ‘‘(i) artillery or similar armed forces

2 training operations on the territories of

3 Estonia, Latvia, or Lithuania without the

4 permission of their governments;

5 ‘‘(ii) interference in the air space or

6 territorial waters of Estonia, Latvia, or

7 Lithuania;

8 ‘‘(iii) the introduction of additional

9 armed forces, military equipment, or relat10 ed civilian personnel onto the territories of

11 Estonia, Latvia, or Lithuania without the

12 permission of their governments; or

13 ‘‘(iv) the imposition of an economic

14 blockade or interruption of energy supplies

15 upon Estonia, Latvia, or Lithuania;

16 except that this paragraph does not apply with re17 spect to (I) housing assistance for officers of the

18 armed forces of Russia and the Commonwealth of

19 Independent States who are withdrawn from the ter20 ritories of Estonia, Latvia, and Lithuania, or (II)

21 food, clothing, medicine, or other humanitarian as22 sistance.’’.

23 (2) The amendment made by paragraph (1) shall

24 take effect on the later of (A) October 1, 1993, or (B)

25 the date of the enactment of this Act.
467

HR 2401 EH

1 (3) The provisions of paragraph (1) shall not apply

2 if an identical amendment to the Foreign Assistance Act

3 of 1961 is enacted in the Foreign Assistance Act of 1993.

4 SEC. 1207. SEMIANNUAL REPORT.

5 Not later than April 30, 1994, and not later than

6 October 30, 1994, the President shall transmit to the ap7 propriate congressional committees a report on the activi8 ties carried out under section 1203. Each such report shall

9 set forth, for the preceding six-month period and cumula10 tively, the following:

11 (1) The amounts obligated and expended for

12 such activities and the purposes for which they were

13 obligated and expended.

14 (2) A description of the participation of all

15 United States Government departments and agen16 cies in such activities.

17 (3) A description of the activities carried out

18 and the forms of assistance provided, and a descrip19 tion of the extent to which the United States private

20 sector has participated in the activities for which

21 amounts were obligated and expended under section

22 1203.

23 (4) Such other information as the President

24 considers appropriate to fully inform the Congress

25 concerning the operation of the programs and activi-
468

HR 2401 EH

1 ties carried out under section 1203, including, with

2 respect to proposed industrial demilitarization

3 projects, additional information on the progress to4 ward demilitarization of facilities and the conversion

5 of the demilitarized facilities to civilian activities.

6 SEC. 1208. DEFINITION.

7 As used in this title, the term ‘‘appropriate congres8 sional committees’’ means—

9 (1) the Committee on Armed Services, the

10 Committee on Appropriations, and the Committee on

11 Foreign Affairs of the House of Representatives;

12 and

13 (2) the Committee on Armed Services, the

14 Committee on Appropriations, and the Committee on

15 Foreign Relations of the Senate.

16 TITLE XIII—DEFENSE CONVER17 SION, REINVESTMENT, AND

18 TRANSITION ASSISTANCE

19 SEC. 1301. SHORT TITLE.

20 This title may be cited as the ‘‘Defense Conversion,

21 Reinvestment, and Transition Assistance Amendments of

22 1993’’.
469

HR 2401 EH

1 SEC. 1302. FUNDING OF DEFENSE CONVERSION, REINVEST2 MENT, AND TRANSITION ASSISTANCE PRO3 GRAMS FOR FISCAL YEAR 1994.

4 (a) FUNDING.—Of the amounts authorized to be ap5 propriated pursuant to this Act for the Department of De6 fense for fiscal year 1994, the sum of $2,735,000,000

7 shall be available from the sources and in the amounts

8 specified in subsection (b) for defense conversion, reinvest9 ment, and transition assistance programs. Amounts made

10 available pursuant to this subsection shall remain available

11 until expended.

12 (b) SOURCES OF FUNDS.—The amounts and sources

13 referred to in subsection (a) are as follows:

14 (1) $200,000,000 of the amounts authorized to

15 be appropriated pursuant to section 109 to carry out

16 subtitle E.

17 (2) $2,200,000,000 of the amounts authorized

18 to be appropriated pursuant to title II.

19 (3) $335,000,000 of the amounts authorized to

20 be appropriated pursuant to title III.

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

22 term ‘‘defense conversion, reinvestment, and transition as23 sistance programs’’ includes the following activities of the

24 Department of Defense:

25 (1) The activities authorized by the Defense

26 Conversion, Reinvestment, and Transition Assist-
470

HR 2401 EH

1 ance Act of 1992 (division D of Public Law 102–

2 484; 106 Stat. 2658) and the amendments made by

3 that Act.

4 (2) The activities authorized by this title and

5 the amendments made by this title.

6 SEC. 1303. ANNUAL REPORT ON DEFENSE CONVERSION, RE7 INVESTMENT, AND TRANSITION ASSISTANCE

8 PROGRAMS.

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

10 shall prepare an annual report that assesses the effective11 ness of all defense conversion, reinvestment, and transition

12 assistance programs (as defined in section 1302) during

13 the preceding fiscal year.

14 (b) CONTENTS OF REPORT.—Each report required

15 under subsection (a) shall include a consideration of the

16 following:

17 (1) For each of the conversion programs, the

18 status of obligation of appropriated funds.

19 (2) For each defense technology reinvestment

20 project (or other technology project conducted as

21 part of a defense conversion, reinvestment, and tran22 sition assistance program)—

23 (A) the extent to which the project meets

24 the objectives set forth in subsections (a) and
471

HR 2401 EH

1 (b) of section 2501 of title 10, United States

2 Code;

3 (B) the technology benefits of the project

4 to the defense technology and industrial base;

5 (C) any increased affordability of defense

6 programs linked to the project;

7 (D) any evidence of commercialization of

8 technology due to the project;

9 (E) any employment created as a result of

10 the project;

11 (F) the number and name of defense firms

12 participating in the project;

13 (G) the number of defense firms that have

14 been able to expand or retain their business

15 base as a result of the project;

16 (H) in the case of a project requiring

17 matching funds, whether or not the matching

18 requirements were met in cash;

19 (I) the extent to which the project has met

20 agreed-upon milestones, and financial and tech21 nical requirements; and

22 (J) the extent to which it was determined

23 whether or not the project duplicates or par24 allels technology programs in other agencies;

25 (3) For each personnel assistance program—
472

HR 2401 EH

1 (A) the extent to which the program meets

2 objectives set forth in section 2501(b) of title

3 10, United States Code;

4 (B) the number of individuals eligible for

5 program participation;

6 (C) the number of individuals directly par7 ticipating in the program (actual and pro8 jected);

9 (D) in the case of a training and jobs pro10 gram, the number of individuals who have se11 cured permanent employment as a result of

12 program participation, and

13 (E) the extent to which it was determined

14 whether or not the program duplicates pro15 grams conducted by other agencies.

16 (4) For each community assistance program—

17 (A) the extent to which the program meets

18 objectives laid out in section 2501(b) of title 10,

19 United States Code; and

20 (B) the number of short- and long-term

21 jobs created in a community receiving adjust22 ment and diversification assistance under sec23 tion 2391(b) of title 10, United States Code.

24 (c) SUBMISSION OF REPORT.—The report required

25 by this section for a particular year shall be submitted
473

HR 2401 EH

1 to Congress at the same time that the Secretary of De2 fense submits the report required under section 113(c) of

3 title 10, United States Code, for that year.

4 SEC. 1304. DISSEMINATION OF LIST OF CONVERSION, REIN5 VESTMENT, AND TRANSITION PROGRAMS.

6 Section 4004(c) of the Defense Economic Adjust7 ment, Diversification, Conversion, and Stabilization Act of

8 1990 (division D of Public Law 101–510; 104 Stat. 1849)

9 is amended—

10 (1) by striking out ‘‘and’’ at the end of para11 graph (2);

12 (2) by striking out the period at the end of

13 paragraph (3)(C) and inserting in lieu thereof ‘‘;

14 and’’; and

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

16 paragraph :

17 ‘‘(4) ensure that adequate means are available

18 to disseminate to interested communities, businesses,

19 and defense workers and members of the Armed

20 Forces a list of the Federal economic adjustment

21 programs described in the reports required under

22 paragraph (3).’’.
474

HR 2401 EH

1 Subtitle A—Defense Technology

2 Reinvestment Projects

3 SEC. 1311. FUNDING OF DEFENSE TECHNOLOGY REINVEST4 MENT PROJECTS FOR FISCAL YEAR 1994.

5 Of the amount made available pursuant to section

6 1302(a), $575,000,000 shall be available for activities of

7 the Department of Defense under chapter 148 of title 10,

8 United States Code, and section 2197 of such title, of

9 which—

10 (1) $105,000,000 shall be available for defense

11 dual-use critical technology partnerships under sec12 tion 2511 of such title;

13 (2) $35,000,000 shall be available for commer14 cial-military integration partnerships under section

15 2512 of such title;

16 (3) $85,000,000 shall be available for defense

17 regional technology alliances under section 2513 of

18 such title;

19 (4) $30,000,000 shall be available for defense

20 advanced manufacturing technology partnerships

21 under section 2522 of such title;

22 (5) $50,000,000 shall be available for support

23 of manufacturing extension programs under section

24 2523 of such title;
475

HR 2401 EH

1 (6) $50,000,000 shall be available for the de2 fense dual-use extension program under section

3 2524 of such title, of which—

4 (A) not less than 30 percent of such

5 amount shall be available for assistance pursu6 ant to subsection (c)(3) of such section; and

7 (B) not less than 30 percent of such

8 amount shall be available for loan guarantees

9 pursuant to subsection (b)(3) of such section;

10 and

11 (7) $20,000,000 shall be available to conduct

12 the program established pursuant to section 2197 of

13 such title to support the activities of manufacturing

14 experts at institutions of higher education.

15 SEC. 1312. REPEAL AND AMENDMENT OF CERTAIN PROVI16 SIONS RELATING TO DEFENSE TECHNOLOGY

17 AND INDUSTRIAL BASE, REINVESTMENT, AND

18 CONVERSION.

19 (a) REPEALS.—The following sections of title 10,

20 United States Code, are repealed: sections 2502, 2503,

21 2504, 2506, 2515, and 2518.

22 (b) AMENDMENT.—Section 2505 of such title is

23 amended—

24 (1) in subsection (a), by striking out ‘‘National

25 Defense Technology and Industrial Base Council’’
476

HR 2401 EH

1 and inserting in lieu thereof ‘‘Secretary of Defense’’;

2 and

3 (2) in subsection (c), by striking out ‘‘Council’’

4 and inserting in lieu thereof ‘‘Secretary’’.

5 (c) CONFORMING REPEALS.—The following sections

6 of the National Defense Authorization Act for Fiscal Year

7 1993 (Public Law 102–484) are repealed: sections 4218,

8 4219, and 4220.

9 (d) CLERICAL AMENDMENTS.—(1) The table of sec10 tions at the beginning of subchapter II of chapter 148 of

11 such title is amended by striking out the items relating

12 to sections 2502, 2503, 2504, and 2506.

13 (2) The table of sections at the beginning of sub14 chapter III of chapter 148 of such title is amended by

15 striking out the items relating to sections 2515 and 2518.

16 SEC. 1313. EXPANSION OF OBJECTIVES OF DEFENSE TECH17 NOLOGY REINVESTMENT PROJECTS.

18 (a) RESTATEMENT OF EXISTING PROVISION IN

19 TERMS OF OBJECTIVES.—Section 2501(b) of title 10,

20 United States Code, is amended by striking out ‘‘defense

21 resources that—’’ and all that follows through the period

22 and inserting in lieu thereof ‘‘defense resources capable

23 of meeting the following objectives:
477

HR 2401 EH

1 ‘‘(1) Promoting economic growth in high-wage,

2 high-technology industries and preserving the indus3 trial and technical skill base.

4 ‘‘(2) Promoting economic growth through fur5 ther reduction of the Federal budget deficit that, by

6 reducing the public sector demand for capital, in7 creases the amount of capital available for private

8 investment and job creation in the civilian sector.

9 ‘‘(3) Bolstering the national technology base,

10 including supporting and exploiting critical tech11 nologies with both military and civilian application.

12 ‘‘(4) Supporting retraining of separated mili13 tary, defense civilian, and defense industrial person14 nel for jobs in activities important to national eco15 nomic growth and security.

16 ‘‘(5) Assisting those activities being undertaken

17 at the State and local levels to support defense eco18 nomic reinvestment, conversion, adjustment, and di19 versification activities.

20 ‘‘(6) Assisting small businesses adversely af21 fected by reductions in defense expenditures.’’.

22 (b) CONSIDERATION OF DEFENSE REINVESTMENT,

23 DIVERSIFICATION, AND CONVERSION OBJECTIVES.—

24 Chapter 148 of title 10, United States Code, is amended—
478

HR 2401 EH

1 (1) in sections 2505(a), 2505(b), 2511(a),

2 2511(f)(1), 2512(a), 2512(e)(1), 2513(a), 2516(b),

3 2522(a), and 2523(b)(1), by striking out ‘‘national

4 security objectives set forth in section 2501(a)’’ each

5 place it appears and inserting in lieu thereof ‘‘objec6 tives set forth in subsections (a) and (b) of section

7 2501’’;

8 (2) in section 2505(b)(1), by striking out ‘‘sec9 tion 2501(a)’’ and inserting in lieu thereof ‘‘section

10 2501’’; and

11 (3) in section 2514(a), by striking out ‘‘section

12 2501(a)’’ and inserting in lieu thereof ‘‘subsections

13 (a) and (b) of section 2501’’.

14 SEC. 1314. DEFENSE TECHNOLOGY REINVESTMENT

15 PROJECTS FOR FISCAL YEAR 1994.

16 (a) PROJECTS FOR FISCAL YEAR 1994.—Using

17 funds made available pursuant to section 1302(a), the

18 Secretary of Defense shall carry out during fiscal year

19 1994 defense technology reinvestment projects in coopera20 tion with partnerships and other cooperative arrangements

21 established pursuant to chapter 148 of title 10, United

22 States Code, in the technology focus areas described in

23 subsection (b) or involving technologies that otherwise

24 meet the objectives set forth in section 2501 of this title.

25 Nothing in this section shall be construed to preclude con-
479

HR 2401 EH

1 tinued support for defense technology reinvestment

2 projects in technology focus areas identified during the so3 licitation conducted during fiscal year 1993.

4 (b) DESCRIPTION OF TECHNOLOGY FOCUS AREAS.—

5 The technology focus areas referred to in subsection (a)

6 are the following:

7 (1) Ocean thermal energy conversion.

8 (2) Advanced antenna technology.

9 (3) Noncooled, pyroelectric thermal imaging

10 systems.

11 (4) Advanced wind power systems.

12 (5) Parallel processing technologies.

13 (6) Photovoltaic energy storage systems.

14 (7) Direct satellite radio broadcasting.

15 (8) Solar furnace environmental remediation

16 technologies.

17 (9) Robotic excavation and tunnelling tech18 nologies.

19 (10) Marine biotechnology.

20 (11) Automated manufacturing technology for

21 composites.

22 (12) Earthquake-resistant bridge composites.

23 (13) Advanced automatic train control systems

24 technologies.
480

HR 2401 EH

1 (14) Statewide defense conversion economic de2 velopment networks for transition services, retrain3 ing, and business diversification.

4 (15) Other technology areas that would further

5 the objectives set forth in section 2501 of title 10,

6 United States Code.

7 (c) CONSULTATION.—In carrying out defense tech8 nology reinvestment projects during fiscal year 1994, the

9 Secretary of Defense shall consult with the heads of other

10 Federal agencies conducting similar projects in the tech11 nology focus areas described in subsection (b).

12 (d) MADE-IN-AMERICA REQUIREMENT.—The Sec13 retary of Defense shall ensure that each partnership or

14 other cooperative arrangement established pursuant to

15 chapter 148 of title 10, United States Code, to carry out

16 a defense technology reinvestment project during fiscal

17 year 1994 includes an agreement that any manufacturing

18 resulting from the project shall occur in the United States

19 and benefit workers in the United States.

20 (e) ACCEPTABLE STANDARDS OF QUALITY.—If the

21 Secretary of Defense determines that the proposals re22 ceived as a result of a solicitation for defense technology

23 reinvestment projects in a technology focus area described

24 in subsection (b) do not meet an acceptable standard of

25 quality established by the Secretary, nothing in this sec-
481

HR 2401 EH

1 tion shall be construed to require the Secretary to carry

2 out projects in that technology focus area. The Secretary

3 shall make a determination under this subsection after

4 consultation with the Defense Technology Conversion

5 Council. The Secretary shall promptly notify Congress of

6 each determination not to carry out projects in a particu7 lar technology focus area.

8 (f) USE OF COMPETITIVE SELECTION PROCE9 DURES.—Funds authorized to be made available for de10 fense technology reinvestment projects selected as a result

11 of the authority provided by subsection (a) shall be made

12 available to those projects only if a competitive selection

13 process was used to select the projects.

14 SEC. 1315. EXPANSION OF PURPOSES OF DEFENSE AD15 VANCED MANUFACTURING TECHNOLOGY

16 PARTNERSHIPS.

17 Section 2522 of title 10, United States Code, is

18 amended—

19 (1) in subsection (a)—

20 (A) by striking out ‘‘research and develop21 ment’’ and inserting in lieu thereof ‘‘research,

22 development, or deployment’’; and

23 (B) by adding at the end the following new

24 sentence: ‘‘The cooperative arrangements au25 thorized by this section may include a coopera-
482

HR 2401 EH

1 tive arrangement with an industry-led, large2 scale research and development consortium to

3 establish and administer long-term partnerships

4 under this section.’’; and

5 (2) in subsection (d)—

6 (A) by redesignating paragraph (3) as

7 paragraph (4); and

8 (B) by inserting after paragraph (2) the

9 following new paragraph:

10 ‘‘(3) The extent to which the partnerships pro11 vide for the large-scale deployment of advanced man12 ufacturing technologies.’’.

13 SEC. 1316. DEFENSE DUAL-USE ASSISTANCE EXTENSION

14 PROGRAM.

15 (a) EXPANSION OF BUSINESSES ELIGIBLE FOR LOAN

16 GUARANTEES.—Subsection (b)(3) of section 2524 of title

17 10, United States Code, is amended—

18 (1) by striking out ‘‘small businesses’’ and in19 serting in lieu thereof ‘‘small- and medium-sized

20 business concerns’’; and

21 (2) by inserting ‘‘subsection (e) and’’ before

22 ‘‘other applicable law’’.

23 (b) SPECIAL RULES FOR LOAN GUARANTEES.—Sub24 section (e) of such section is amended to read as follows:
483

HR 2401 EH

1 ‘‘(e) TERMS AND CONDITIONS FOR LOAN GUARAN2 TEES.—(1) The Secretary shall carry out subsection

3 (b)(3) through the Under Secretary of Defense for Acqui4 sition and Technology, who may consult with and seek

5 technical assistance from other Federal agencies in order

6 to effectively issue loan guarantees under such subsection.

7 Such loan guarantees shall be issued for the purpose of

8 assisting small- and medium-sized business concerns that

9 are economically dependent on defense expenditures to se10 cure financing for projects—

11 ‘‘(A) to achieve the final development and com12 mercialization of defense-oriented technologies for

13 nonmilitary use by the business concern; and

14 ‘‘(B) to diversify the operations of the business

15 concern toward greater emphasis on production or

16 services for nonmilitary use.

17 ‘‘(2) A business concern shall be considered to be a

18 small- or medium-sized business concern for purposes of

19 this subsection and subsection (b)(3) if the business con20 cern has not more than 2,500 full-time employees or their

21 equivalent. A business concern shall be considered to be

22 economically dependent on defense expenditures for pur23 poses of this subsection and subsection (b)(3) if the busi24 ness concern—
484

HR 2401 EH

1 ‘‘(A) has a substantial prior history of conduct2 ing much of its sales and business with Department

3 of Defense over the life, or a substantial portion of

4 the life, of the business concern; and

5 ‘‘(B) can reasonably demonstrate that it, in at

6 least two of the last seven years immediately preced7 ing the application for a loan guarantee—

8 ‘‘(i) obtained at least 50 percent of its

9 gross income from contracts or subcontracts to

10 provide material or services to the Department

11 of Defense; or

12 ‘‘(ii) incurred a significant reduction in its

13 gross income as a result the termination or

14 completion of contracts or subcontracts to pro15 vide material or services to the Department of

16 Defense.

17 ‘‘(3) The maximum amount of loan principal that the

18 Secretary may guarantee under subsection (b)(3) with re19 spect to any loan may not exceed $10,000,000. The maxi20 mum percentage of the loan principal that the Secretary

21 may guarantee with respect to any loan shall be estab22 lished by the Secretary, except that the percentage estab23 lished may not exceed 85 percent of the principal.
485

HR 2401 EH

1 ‘‘(4) Loan guarantees shall be issued under sub2 section (b)(3) on a competitive basis after consideration

3 of the following criteria:

4 ‘‘(A) Whether credit is not otherwise commer5 cially available under reasonable terms and condi6 tions.

7 ‘‘(B) The applicability of the program to be

8 funded by the loan to the technology areas outlined

9 in the Technology Reinvestment Project proposed by

10 the President on March 10, 1993.

11 ‘‘(C) The ability of the program to preserve or

12 enhance critical technology and national technology

13 and industrial base skills.

14 ‘‘(D) The market potential of any product or

15 technology to be developed using the loan.

16 ‘‘(E) The importance of the program to future

17 United States economic competitiveness and the eco18 nomic strength of the United States.

19 ‘‘(F) The economic viability and perceived abil20 ity of the business concern to repay the loan.

21 ‘‘(G) The technical soundness of the proposal.

22 ‘‘(H) The selection criteria specified in sub23 section (f).

24 ‘‘(5) The Secretary shall give a preference in issuing

25 loan guarantees under subsection (b)(3) to an application
486

HR 2401 EH

1 by a business concern to carry out a program to commer2 cialize a product or technology that is already developed

3 or proven at the time the application is submitted over

4 programs to carry out solely research and development ac5 tivities.

6 ‘‘(6) The provisions of law relating to default on loans

7 guaranteed by the Administrator of the Small Business

8 Administration under the Small Business Act (15 U.S.C.

9 631 et seq.) shall apply if the United States is obligated

10 to make reimbursing payments to a commercial creditor

11 under a loan guarantee issued to a business concern under

12 subsection (b)(3). In addition, the President shall prohibit

13 the business concern involved in the default, and any suc14 cessor of the business concern, from bidding on or receiv15 ing for a 3-year period any contract or subcontract to pro16 vide material or services to the Federal Government.’’.

17 (c) CONFORMING AMENDMENT.—Subsection (f) of

18 such section is amended by inserting after ‘‘SELECTION

19 CRITERIA.—’’ the following new sentence: ‘‘Competitive

20 procedures shall be used in the selection of programs to

21 receive assistance under this section.’’.
487

HR 2401 EH

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

7 States Code, is amended to read as follows:

8 ‘‘(c) FINANCIAL COMMITMENT OF NON-FEDERAL

9 GOVERNMENT PARTICIPANTS.—(1) Except as provided in

10 paragraph (2), the Secretary of Defense shall ensure that

11 the amount of funds provided by the Secretary to a part12 nership does not exceed 50 percent of the total cost of

13 partnership activities.

14 ‘‘(2) The Secretary may increase the Federal share

15 of the costs of partnership activities to not more than 70

16 percent 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—

19 ‘‘(A) are small business concerns; and

20 ‘‘(B) are determined by the Secretary to have

21 individually contributed a significant equity percent22 age toward the non-Federal contribution in relation,

23 if applicable, to the participants that are not small

24 business concerns.

25 ‘‘(3) The Secretary shall prescribe regulations to pro26 vide for consideration of in-kind contributions by non-Fed-
488

HR 2401 EH

1 eral Government participants in a partnership for the pur2 pose of calculating the share of the partnership costs that

3 has been or is being undertaken by such participants. A

4 participant that is a small business concern may use funds

5 received under the Small Business Innovation Research

6 Program or the Small Business Technology Transfer Pro7 gram to help pay the costs of partnership activities, and

8 any such funds so used shall be included in calculating

9 the non-Federal Government share of such costs, unless

10 the small business concern is participating in a partner11 ship receiving the financial commitment arrangement au12 thorized in paragraph (2) and the Secretary determines

13 that the small business concern has not made a significant

14 equity percentage contribution in the partnership from

15 non-Federal sources.

16 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER17 SHIPS.—Section 2512(c) of such title is amended to read

18 as follows:

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

20 GOVERNMENT PARTICIPANTS.—(1) Except as provided in

21 paragraph (2), the Secretary shall ensure that the amount

22 of funds provided by the Secretary to a partnership does

23 not exceed 50 percent of the total cost of partnership ac24 tivities.
489

HR 2401 EH

1 ‘‘(2) The Secretary may increase the Federal share

2 of the costs of partnership activities to not more than 70

3 percent of such costs in the case of a partnership in which

4 the entity proposing the partnership and a majority of the

5 non-Government participants—

6 ‘‘(A) are small business concerns; and

7 ‘‘(B) are determined by the Secretary to have

8 individually contributed a significant equity percent9 age toward the non-Federal contribution in relation,

10 if applicable, to the participants that are not small

11 business concerns.

12 ‘‘(3) The Secretary shall prescribe regulations to pro13 vide for consideration of in-kind contributions by non-Fed14 eral Government participants in a partnership for the pur15 pose of calculating the share of the partnership costs that

16 has been or is being undertaken by such participants. A

17 participant that is a small business concern may use funds

18 received under the Small Business Innovation Research

19 Program or the Small Business Technology Transfer Pro20 gram to help pay the costs of partnership activities, and

21 any such funds so used shall be included in calculating

22 the non-Federal Government share of such costs, unless

23 the small business concern is participating in a partner24 ship receiving the financial commitment arrangement au25 thorized in paragraph (2) and the Secretary determines
490

HR 2401 EH

1 that the small business concern has not made a significant

2 equity percentage contribution in the partnership from

3 non-Federal sources.

4 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

5 PROGRAM.—Section 2513 of such title is amended—

6 (1) by adding at the end of subsection (d) the

7 following new paragraph:

8 ‘‘(4) The Secretary may increase the amount of as9 sistance provided under paragraph (1) up to an amount

10 not exceeding 70 percent of the cost of the activities of

11 a regional technology alliance in the case of a regional

12 technology alliance in which the entity proposing the alli13 ance and a majority of the non-Government participants—

14 ‘‘(A) are small business concerns; and

15 ‘‘(B) are determined by the Secretary to have

16 individually contributed a significant equity percent17 age toward the non-Federal contribution in relation,

18 if applicable, to the participants that are not small

19 business concerns.’’; and

20 (2) in subsection (e)—

21 (A) by inserting after ‘‘50 percent’’ the fol22 lowing: ‘‘(or 30 percent if additional assistance

23 is provided under subsection (d)(4))’’; and

24 (B) by adding at the end the following new

25 paragraph:
491

HR 2401 EH

1 ‘‘(3) The Secretary shall prescribe regulations to pro2 vide for consideration of in-kind contributions by non-Fed3 eral Government participants in a regional technology alli4 ance for the purpose of calculating the share of the costs

5 that has been or is being undertaken by such participants.

6 A participant that is a small business concern may use

7 funds received under the Small Business Innovation Re8 search Program or the Small Business Technology Trans9 fer Program to help pay the costs of a regional technology

10 alliance, and any such funds so used shall be included in

11 calculating the non-Federal Government share of such

12 costs, unless the small business concern is participating

13 in a alliance receiving the financial commitment arrange14 ment authorized in subsection (d)(4) and the Secretary

15 determines that the small business concern has not made

16 a significant equity percentage contribution in the alliance

17 from non-Federal sources.

18 (d) MANUFACTURING EXTENSION PROGRAMS.—Sec19 tion 2523(b)(3) of such title is amended—

20 (1) by striking out subparagraph (A) and in21 serting in lieu thereof the following new subpara22 graph:

23 ‘‘(A) The amount of financial assistance furnished to

24 a manufacturing extension program under this subsection

25 may not exceed 50 percent of the total cost of the pro-
492

HR 2401 EH

1 gram, except that the Secretary may increase the Federal

2 share to not more than 70 percent of such costs in the

3 case of a program in which the entity proposing the pro4 gram and a majority of the non-Government participants

5 are small business concerns and are determined by the

6 Secretary to have individually contributed a significant eq7 uity percentage toward the non-Federal contribution in re8 lation, if applicable, to the participants that are not small

9 business concerns. Financial assistance shall be provided

10 to a recipient program for a period of five years unless

11 such financial assistance is earlier terminated for good

12 cause. Recipients of such financial assistance shall be re13 quired to report to the Secretary annually beginning one

14 year after the date that such financial assistance is initi15 ated. Such report shall include a description of the

16 progress of the recipient program in meeting the objectives

17 set out in paragraph (1).’’; and

18 (2) by adding at the end the following new sub19 paragraph:

20 ‘‘(D) The Secretary shall prescribe regulations to pro21 vide for consideration of in-kind contributions by non-Fed22 eral Government participants in a manufacturing exten23 sion program for the purpose of calculating the share of

24 the costs that has been or is being undertaken by such

25 participants. A participant that is a small business con-
493

HR 2401 EH

1 cern may use funds received under the Small Business In2 novation Research Program or the Small Business Tech3 nology Transfer Program to help pay the costs of the pro4 gram, and any such funds so used shall be included in

5 calculating the non-Federal Government share of such

6 costs, unless the small business concern is participating

7 in a program receiving the increased Federal share ar8 rangement authorized in subparagraph (A) and the Sec9 retary determines that the small business concern has not

10 made a significant equity percentage contribution in the

11 program from non-Federal sources.’’.

12 (e) DEFENSE DUAL-USE ASSISTANCE EXTENSION

13 PROGRAM.—Section 2524(d) of such title is amended to

14 read as follows:

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

16 GOVERNMENT PARTICIPANTS.—(1) Except as provided in

17 paragraph (2), the Secretary shall ensure that the amount

18 of funds provided by the Secretary to a program under

19 this section does not exceed 50 percent of the total cost

20 of the program.

21 ‘‘(2) The Secretary may increase the Federal share

22 of the costs of a program under this section to not more

23 than 70 percent of such costs in the case of a program

24 in which the entity proposing the program and a majority

25 of the non-Government participants—
494

HR 2401 EH

1 ‘‘(A) are small business concerns; and

2 ‘‘(B) are determined by the Secretary to have

3 individually contributed a significant equity percent4 age toward the non-Federal contribution in relation,

5 if applicable, to the participants that are not small

6 business concerns.

7 ‘‘(3) The Secretary shall prescribe regulations to pro8 vide for consideration of in-kind contributions by non-Fed9 eral Government participants in a program under this sec10 tion for the purpose of calculating the share of the costs

11 that has been or is being undertaken by such participants.

12 A participant that is a small business concern may use

13 funds received under the Small Business Innovation Re14 search Program or the Small Business Technology Trans15 fer Program to help pay the costs of the program, and

16 any such funds so used shall be included in calculating

17 the non-Federal Government share of such costs, unless

18 the small business concern is participating in a program

19 receiving the financial commitment arrangement author20 ized in paragraph (2) and the Secretary determines that

21 the small business concern has not made a significant eq22 uity percentage contribution in the program from non23 Federal sources.’’.
495

HR 2401 EH

1 (f) DEFINITIONS.—Section 2491 of such title is

2 amended by adding at the end the following new para3 graphs:

4 ‘‘(13) The term ‘Small Business Innovation Re5 search Program’ means the program established

6 under the following provisions of section 9 of the

7 Small Business Act (15 U.S.C. 638):

8 ‘‘(A) Paragraphs (4) through (7) of sub9 section (b).

10 ‘‘(B) Subsections (e) through (k).

11 ‘‘(14) The term ‘Small Business Technology

12 Transfer Program’ means the program established

13 under the following provisions of such section:

14 ‘‘(A) Paragraphs (4) through (7) of sub15 section (b).

16 ‘‘(B) Subsections (e) and (n) through (p).

17 ‘‘(15) The term ‘significant equity percentage’

18 means—

19 ‘‘(A) a level of contribution and participa20 tion determined, when compared to the other

21 non-Federal participants, to demonstrate a

22 comparable long-term financial commitment to

23 the product or process development involved;

24 and
496

HR 2401 EH

1 ‘‘(B) any other criteria the Secretary may

2 consider necessary to ensure an appropriate eq3 uity mix among the participants.’’.

4 SEC. 1318. ADDITIONAL CRITERIA FOR THE SELECTION OF

5 REGIONAL TECHNOLOGY ALLIANCES.

6 Section 2513(h) of title 10, United States Code, is

7 amended—

8 (1) by redesignating paragraph (5) as para9 graph (7); and

10 (2) by striking out paragraph (4) and inserting

11 in lieu thereof the following new paragraphs:

12 ‘‘(4) The potential for the regional technology

13 alliance to combine financial assistance provided

14 under this section with assistance available from

15 other Federal, State, or local agencies, institutions

16 of higher education, and private nonprofit entities.

17 ‘‘(5) The potential for the regional technology

18 alliance to increase industrial competitiveness.

19 ‘‘(6) The potential for the regional technology

20 alliance to meet the needs of small- and medium21 sized defense-dependent companies across multiple

22 activity areas including—

23 ‘‘(A) outreach;

24 ‘‘(B) manufacturing education and train25 ing;
497

HR 2401 EH

1 ‘‘(C) technology development;

2 ‘‘(D) technology deployment; and

3 ‘‘(E) business counseling.’’.

4 Subtitle B—Community Adjust5 ment 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

11 amount made available pursuant to section 1302(a),

12 $69,000,000 shall be available as community adjustment

13 and economic diversification assistance under section

14 2391(b) of title 10, United States Code.

15 (b) PREPARATION ASSISTANCE.—The Secretary of

16 Defense may use up to five percent of the amount speci17 fied in subsection (a) for the purpose of providing prepara18 tion assistance to those States intending to establish the

19 types of programs for which assistance is authorized under

20 section 2391(b) of title 10, United States Code.

21 (c) FEASIBILITY STUDY TO GUARANTEE ASSISTANCE

22 TO ADVERSELY AFFECTED COMMUNITIES.—(1) The Sec23 retary of Defense shall conduct a study to determine the

24 feasibility of assisting local communities recovering from

25 the adverse economic impact of the closure or major re-
498

HR 2401 EH

1 alignment of a military installation under a base closure

2 law by reserving for grants to the communities under sec3 tion 2391(b) of title 10, United States Code, an amount

4 equal to not less than 10 percent of the total projected

5 savings to be realized by the Department of Defense in

6 the first 10 years after the closure or major realignment

7 of the installation as a result of the closure or realignment.

8 (2) Not later than March 1, 1994, the Secretary shall

9 submit a report to Congress containing the results of the

10 study required by this subsection. The report shall

11 include—

12 (A) an estimate of the amount of the projected

13 savings described in paragraph (1) to be realized by

14 the Department of Defense as a result of each base

15 closure or major realignment underway or an16 nounced as of the date of the enactment of this Act;

17 and

18 (B) a recommendation regarding the funding

19 sources within the budget for the Department of De20 fense from which amounts for the grants described

21 in paragraph (1) could be derived.

22 (3) For purposes of this subsection, the term ‘‘base

23 closure law’’ means each of the following:
499

HR 2401 EH

1 (A) The Defense Base Closure and Re2 alignment Act of 1990 (part A of title XXIX of

3 Public Law 101–510; 10 U.S.C. 2687 note).

4 (B) Title II of the Defense Authorization

5 Amendments and Base Closure and Realign6 ment Act (Public Law 100–526; 10 U.S.C.

7 2687 note).

8 SEC. 1322. ASSISTANCE FOR COMMUNITIES ADVERSELY AF9 FECTED BY CATASTROPHIC OR MULTIPLE

10 BASE CLOSURES OR REALIGNMENTS.

11 (a) ASSISTANCE.—Section 2391 of title 10, United

12 States Code, is amended by adding at the end the follow13 ing new subsection:

14 ‘‘(f) EMPHASIS ON COMMUNITIES WITH CATA15 STROPHIC OR MULTIPLE BASE CLOSURES OR

16 REALIGNMENTS.—(1) Not less than 50 percent of the

17 funds made available for a fiscal year to carry out sub18 section (b) shall be used by the Secretary of Defense under

19 paragraphs (1) and (4) of such subsection to make grants,

20 conclude cooperative agreements, and supplement funds

21 available under other Federal programs in order to assist

22 State and local governments in planning and carrying out

23 community adjustments and economic diversification in

24 any community determined by the Secretary—
500

HR 2401 EH

1 ‘‘(A) to be likely to experience a loss of not less

2 than five percent of the total number of civilian jobs

3 in the community as a result of the realignment or

4 closure of a military installation under the base clo5 sure laws; or

6 ‘‘(B) to be adversely affected by the realign7 ment or closure of more than one military installa8 tion under the base closure laws.

9 ‘‘(2) To the extent practicable, the amount of assist10 ance provided under subsection (b) in a fiscal year to as11 sist a community described in paragraph (1) that is se12 lected to receive such assistance in that fiscal year should

13 be not less than—

14 ‘‘(A) $1,000,000 to plan community adjust15 ments and economic diversification; and

16 ‘‘(B) $5,000,000 to carry out a community ad17 justments and economic diversification program.’’.

18 (b) TIME FOR CONSIDERATION OF APPLICATIONS.—

19 Subsection (b) of such section is amended by adding at

20 the end the following new paragraphs:

21 ‘‘(6) To the extent practicable, the Secretary of De22 fense shall inform a State or local government applying

23 for assistance under this subsection of the approval or re24 jection by the Secretary of the application for such assist25 ance before the end of—
501

HR 2401 EH

1 ‘‘(A) the 7-day period beginning on the date on

2 which the Secretary receives the application, in the

3 case of an application for a planning grant; and

4 ‘‘(B) the 30-day period beginning on such date,

5 in the case of an application for assistance to carry

6 out a community adjustments and economic diver7 sification program.

8 ‘‘(7) In attempting to complete consideration of appli9 cations within the time periods specified in paragraph (6),

10 the Secretary shall give priority to those applications re11 questing assistance for a community described in sub12 section (f)(1). If an application is rejected by the Sec13 retary, the Secretary shall promptly inform the State or

14 local government of the reasons for the rejection of the

15 application.’’.

16 (c) DEFINITION.—Subsection (d) of such section is

17 amended by adding at the end the following new para18 graph:

19 ‘‘(3) The term ‘base closure laws’ means—

20 ‘‘(A) the Defense Base Closure and Re21 alignment Act of 1990 (part A of title XXIX of

22 Public Law 101–510; 10 U.S.C. 2687 note);

23 ‘‘(B) title II of the Defense Authorization

24 Amendments and Base Closure and Realign-
502

HR 2401 EH

1 ment Act (Public Law 100–526; 10 U.S.C.

2 2687 note);

3 ‘‘(C) section 2687 of this title; and

4 ‘‘(D) any other similar law enacted after

5 October 1, 1993.’’.

6 SEC. 1323. CONTINUATION OF PILOT PROJECT TO IMPROVE

7 ECONOMIC ADJUSTMENT PLANNING.

8 (a) CONTINUATION OF PROGRAM.—Subsection (a) of

9 section 4302 of the Defense Conversion, Reinvestment,

10 and Transition Assistance Act of 1992 (division D of Pub11 lic Law 102–484; 10 U.S.C. 1091 note) is amended by

12 striking out ‘‘fiscal year 1993’’ and inserting in lieu there13 of ‘‘fiscal years 1993 and 1994’’.

14 (b) FUNDING FOR FISCAL YEAR 1994.—Of the

15 amount made available pursuant to section 1302(a),

16 $1,000,000 shall be made available to continue the pilot

17 project required under section 4302 of the Defense Con18 version, Reinvestment, and Transition Assistance Act of

19 1992 (division D of Public Law 102–484; 10 U.S.C. 1091

20 note) with respect to those projects involving relieving the

21 adverse effects upon a community from a combination of

22 the closure or realignment of a military installation and

23 changes in the mission of a national laboratory.
503

HR 2401 EH

1 SEC. 1324. CONSIDERATION OF LOCAL AND REGIONAL ECO2 NOMIC NEEDS AS PART OF THE DISPOSITION

3 OF REAL PROPERTY AND FACILITIES UNDER

4 BASE CLOSURE LAWS.

5 (a) CONSIDERATION OF ECONOMIC NEEDS.—In

6 order to maximize local and regional benefit from the

7 reuse of military installations that are closed or realigned,

8 or selected for closure or realignment, pursuant to the op9 eration of a base closure law, the Secretary of Defense

10 shall incorporate locally and regionally delineated eco11 nomic development needs and priorities into the disposi12 tion process by which the Secretary disposes of real prop13 erty and facilities as part of the closure or realignment

14 of a military installation under a base closure law. In de15 termining such needs and priorities, the Secretary shall

16 use the community base reuse plan developed for the mili17 tary installation involved.

18 (b) COOPERATION.—The Secretary shall cooperate

19 with the State in which a military installation referred to

20 in subsection (a) is located, with the entity established to

21 develop a community base reuse plan for the installation,

22 and with local governments and other interested persons

23 in communities located near the installation to implement

24 the entire disposition process of real property and facilities

25 at the installation.
504

HR 2401 EH

1 (c) ECONOMIC DEVELOPMENT CRITERIA.—In evalu2 ating the highest and best reuse options for real property

3 and facilities at a military installation referred to in sub4 section (a), the Secretary shall employ the following eco5 nomic development criteria:

6 (1) The creation of jobs, including manufactur7 ing and other primary labor market jobs.

8 (2) A significant economic multiplier effect on

9 the local and regional economies.

10 (3) A significant direct economic impact on the

11 local and regional economies through future con12 tracting for goods and services, and construction ac13 tivities.

14 (4) New tax revenue generated to the State and

15 locality.

16 (5) The creation, rehabilitation, operation, and

17 maintenance of local infrastructure.

18 (6) The incorporation of local and regional eco19 nomic development needs and priorities into the

20 reuse plan.

21 (7) The economic viability of the proposed de22 velopment.

23 (8) The timely economic impact of the proposed

24 development.
505

HR 2401 EH

1 (9) Need for public financial assistance to ac2 quire or develop the property.

3 (d) PRIORITIES.—The criteria specified in subsection

4 (d) shall be prioritized at the local and regional level for

5 each military installation referred to in subsection (a) to

6 establish a site specific weighting system for individual ob7 jectives. These criteria shall be considered to be costs or

8 benefits depending upon the degree to which priorities are

9 met. The highest and best use for real property and facili10 ties at the installation shall be considered to be the reuse

11 option that produces the greatest benefit according to

12 these criteria.

13 (e) DEFINITIONS.—For purposes of this section:

14 (1) The term ‘‘base closure law’’ means each of

15 the following:

16 (A) The Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 10 U.S.C. 2687 note).

19 (B) Title II of the Defense Authorization

20 Amendments and Base Closure and Realign21 ment Act (Public Law 100–526; 10 U.S.C.

22 2687 note).

23 (C) Section 2687 of title 10, United States

24 Code.
506

HR 2401 EH

1 (D) Any other similar law enacted after

2 the date of the enactment of this Act.

3 (2) The term ‘‘disposition process’’ includes

4 scheduling, planning, economic, environmental, and

5 infrastructure assessments, market research, mar6 keting programs, permit procedures, and transfers

7 of real and personal property carried out as part of

8 the disposition of real property and facilities at a

9 military installation closed or realigned under a base

10 closure law.

11 SEC. 1325. SHIPYARD CONVERSION AND REUSE STUDIES.

12 (a) STUDIES REQUIRED.—The Secretary of Defense

13 shall make community adjustment and diversification as14 sistance available under section 2391(b) of title 10, United

15 States Code, for the purpose of conducting studies regard16 ing the feasibility of converting and reutilizing the follow17 ing military shipyards as facilities primarily oriented to18 ward commercial use:

19 (1) Charleston Naval Shipyard, South Carolina.

20 (2) Mare Island Naval Shipyard, California.

21 (b) FUNDING.—Of the amount made available pursu22 ant to section 1302(a), $500,000 shall be available to

23 carry out each of the studies required by subsection (a).
507

HR 2401 EH

1 Subtitle C—Personnel Adjustment,

2 Education, and Training Programs

3 SEC. 1331. CONTINUATION OF TEACHER AND TEACHER’S

4 AIDE PLACEMENT PROGRAMS.

5 (a) PLACEMENT PROGRAMS REQUIRED.—(1) Section

6 1151 of title 10, United States Code, is amended—

7 (A) in subsection (a), by striking out ‘‘may’’ in

8 the matter preceding paragraph (1) and inserting in

9 lieu thereof ‘‘shall’’ and;

10 (B) in subsections (b), (c)(1), (e)(1), and (f), by

11 striking out ‘‘program authorized’’ each place it ap12 pears and inserting in lieu thereof ‘‘program re13 quired’’.

14 (2) Section 1598 of such title is amended—

15 (A) in subsection (a), by striking out ‘‘may’’ in

16 the matter preceding paragraph (1) and inserting in

17 lieu thereof ‘‘shall’’; and

18 (B) in subsections (b)(1) and (f), by striking

19 out ‘‘program authorized’’ both places it appears

20 and inserting in lieu thereof ‘‘program required’’.

21 (3) Section 2410j 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 offer to’’; and
508

HR 2401 EH

1 (B) in subsection (b)(1), by striking out ‘‘agree2 ment authorized’’ and inserting in lieu thereof

3 ‘‘agreement entered into’’.

4 (b) COVERAGE OF CERTAIN MEMBERS INADVERT5 ENTLY EXCLUDED.—Section 1151(e)(1) of such title, as

6 amended by subsection (a)(1)(B), is further amended by

7 inserting before the period at the end of the first sentence

8 the following: ‘‘or within one year after the date of the

9 discharge or release’’.

10 (c) EXTENSION OF PERIOD OF REQUIRED SERV11 ICE.—(1) Section 1151 of such title, as amended by sub12 section (a)(1), is further amended—

13 (A) in subsection (f)(2), by striking out ‘‘two

14 school years’’ both places it appears and inserting in

15 lieu thereof ‘‘five school years’’;

16 (B) in subsection (h)(3)(A), by striking out

17 ‘‘two consecutive school years’’ and inserting in lieu

18 thereof ‘‘five consecutive school years’’;

19 (C) in subsection (h)(5), by striking out ‘‘two

20 years’’ both places it appears and inserting in lieu

21 thereof ‘‘five years’’; and

22 (D) in subsection (i)(1), by striking out ‘‘two

23 years’’ both places it appears and inserting in lieu

24 thereof ‘‘five years’’.
509

HR 2401 EH

1 (2) Section 1598(d)(2) of such title is amended by

2 striking out ‘‘two school years’’ both places it appears and

3 inserting in lieu thereof ‘‘five school years’’.

4 (3) Section 2410j(f)(2) of such title is amended by

5 striking out ‘‘two school years’’ both places it appears and

6 inserting in lieu thereof ‘‘five school years’’.

7 (d) GRANT PAYMENTS.—Section 1151(h)(3)(B) of

8 such title is amended by striking out ‘‘equal to the

9 lesser of—’’ and all that follows through ‘‘$50,000.’’ and

10 inserting in lieu thereof the following: ‘‘based upon the

11 basic salary paid by the local educational agency to the

12 participant as a teacher or teacher’s aide. The rate of pay13 ment by the Secretary shall be as follows:

14 ‘‘(i) For the first school year of employ15 ment, 50 percent of the basic salary, except

16 that the payment may not exceed $25,000.

17 ‘‘(ii) For the second school year of employ18 ment, 40 percent of the basic salary, except

19 that the payment may not exceed $10,000.

20 ‘‘(iii) For the third school year of employ21 ment, 30 percent of the basic salary, except

22 that the payment may not exceed $7,500.

23 ‘‘(iv) For the fourth school year of employ24 ment, 20 percent of the basic salary, except

25 that the payment may not exceed $5,000.
510

HR 2401 EH

1 ‘‘(v) For the fifth year of employment, 10

2 percent of the basic salary, except that the pay3 ment may not exceed $2,500.’’.

4 (e) INCREASED FLEXIBILITY IN PROVIDING STI5 PENDS AND PLACEMENT GRANTS.—Section 1151(h)(1) of

6 such is amended by striking out ‘‘shall’’ and inserting in

7 lieu thereof ‘‘may’’.

8 (f) APPLICATION OF CERTAIN AMENDMENTS.—The

9 amendments made by subsections (c) and (d) shall not

10 apply with respect to—

11 (1) persons selected by the Secretary of Defense

12 before the date of the enactment of this Act to par13 ticipate in the teacher and teacher’s aide placement

14 programs required by sections 1151, 1598, and

15 2410j of title 10, United States Code, or

16 (2) agreements entered into by the Secretary

17 before such date with local educational agencies

18 under such sections.

19 SEC. 1332. PROGRAMS TO PLACE SEPARATED MEMBERS OF

20 THE ARMED FORCES IN EMPLOYMENT POSI21 TIONS WITH LAW ENFORCEMENT AGENCIES

22 AND HEALTH CARE PROVIDERS.

23 (a) PLACEMENT PROGRAM WITH LAW ENFORCE24 MENT AGENCIES.—Chapter 58 of title 10, United States
511

HR 2401 EH

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

2 section:

3 ‘‘§ 1152. Assistance to separated members to obtain

4 employment with law enforcement agen5 cies

6 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De7 fense shall establish a program to assist eligible members

8 of the armed forces to obtain employment by State and

9 local law enforcement agencies upon their discharge or re10 lease from active duty.

11 ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided

12 in paragraph (2), a member of the armed forces may apply

13 to participate in the program established under subsection

14 (a) if the member—

15 ‘‘(A) is selected for involuntary separation, is

16 approved for separation under section 1174a or

17 1175 of this title, or is given early retirement under

18 section 4403 of the Defense Conversion, Reinvest19 ment, and Transition Assistance Act of 1992 (divi20 sion D of Public Law 102–484; 10 U.S.C. 1293

21 note) during the four-year period beginning on Octo22 ber 1, 1993;

23 ‘‘(B) has a military occupational specialty,

24 training, or experience related to law enforcement,
512

HR 2401 EH

1 such as service as a member of the military police;

2 and

3 ‘‘(C) satisfies such other criteria for selection as

4 the Secretary of Defense may prescribe.

5 ‘‘(2) A member who is discharged or released from

6 service under other than honorable conditions shall not be

7 eligible to participate in the program.

8 ‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Sec9 retary of Defense shall select members to participate in

10 the program established under subsection (a) on the basis

11 of applications submitted to the Secretary before the date

12 of the discharge or release of the members from active

13 duty. An application shall be in such form and contain

14 such information as the Secretary may require.

15 ‘‘(2) The Secretary may not select a member to par16 ticipate in the program unless the Secretary has sufficient

17 appropriations for the placement program available at the

18 time of the selection to satisfy the obligations to be in19 curred by the United States under subsection (d) with re20 spect to that member.

21 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1)

22 The Secretary of Defense may enter into agreements with

23 State and local law enforcement agencies to assist eligible

24 members selected under subsection (c) to obtain suitable

25 employment with these agencies. Under the agreement,
513

HR 2401 EH

1 the law enforcement agency shall agree to employ a partic2 ipant in the program on a full-time basis for at least a

3 five-year period.

4 ‘‘(2) Under an agreement referred to in paragraph

5 (1), the Secretary shall agree to pay to the law enforce6 ment agency involved an amount based upon the basic sal7 ary paid by the law enforcement agency to the participant

8 as a law enforcement officer. The rate of payment by the

9 Secretary shall be as follows:

10 ‘‘(A) For the first year of employment, 50 per11 cent of the basic salary, except that the payment

12 may not exceed $25,000.

13 ‘‘(B) For the second year of employment, 40

14 percent of the basic salary, except that the payment

15 may not exceed $10,000.

16 ‘‘(C) For the third year of employment, 30 per17 cent of the basic salary, except that the payment

18 may not exceed $7,500.

19 ‘‘(D) For the fourth year of employment, 20

20 percent of the basic salary, except that the payment

21 may not exceed $5,000.

22 ‘‘(E) For the fifth year of employment, 10 per23 cent of the basic salary, except that the payment

24 may not exceed $2,500.
514

HR 2401 EH

1 ‘‘(3) Payments required under paragraph (2) may be

2 made by the Secretary in such installments as the Sec3 retary may determine.

4 ‘‘(4) If a participant who is placed under this pro5 gram leaves the employment of the law enforcement agen6 cy before the end of the five years of required employment

7 service, the agency shall reimburse the Secretary in an

8 amount that bears the same ratio to the total amount al9 ready paid under the agreement as the unserved portion

10 bears to the five years of required service.

11 ‘‘(5) The Secretary may not make a grant under this

12 subsection to a law enforcement agency if the Secretary

13 determines that the law enforcement agency terminated

14 the employment of another employee in order to fill the

15 vacancy so created with a participant in this program.’’.

16 (b) PLACEMENT PROGRAM WITH HEALTH CARE

17 PROVIDERS.—Chapter 58 of title 10, United States Code,

18 is amended by adding after section 1152, as added by sub19 section (a), the following new section:

20 ‘‘§ 1153. Assistance to separated members to obtain

21 employment with health care providers

22 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De23 fense shall establish a program to assist eligible members

24 of the armed forces to obtain employment by health care

25 providers upon their discharge or release from active duty.
515

HR 2401 EH

1 ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided

2 in paragraph (2), a member shall be eligible for selection

3 by the Secretary of Defense to participate in the program

4 established under subsection (a) if the member—

5 ‘‘(A) is selected for involuntary separation, is

6 approved for separation under section 1174a or

7 1175 of this title, or is given early retirement under

8 section 4403 of the Defense Conversion, Reinvest9 ment, and Transition Assistance Act of 1992 (divi10 sion D of Public Law 102–484; 10 U.S.C. 1293

11 note) during the four-year period beginning on Octo12 ber 1, 1993;

13 ‘‘(B) has received an associate degree, bacca14 laureate, or advanced degree from an accredited in15 stitution of higher education or a junior or commu16 nity college;

17 ‘‘(C) has a military occupational specialty,

18 training, or experience related to health care or is

19 likely to be able to obtain such training in a short

20 period of time, as determined by the Secretary; and

21 ‘‘(D) satisfies such other criteria for selection

22 as the Secretary may prescribe.

23 ‘‘(2) A member who is discharged or released from

24 service under other than honorable conditions shall not be

25 eligible to participate in the program.
516

HR 2401 EH

1 ‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Sec2 retary of Defense shall select members to participate in

3 the program established under subsection (a) on the basis

4 of applications submitted to the Secretary before the date

5 of the discharge or release of the members from active

6 duty. An application shall be in such form and contain

7 such information as the Secretary may require.

8 ‘‘(2) The Secretary may not select a member to par9 ticipate in the program unless the Secretary has sufficient

10 appropriations for the placement program available at the

11 time of the selection to satisfy the obligations to be in12 curred by the United States under subsection (d) with re13 spect to that member.

14 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1)

15 The Secretary of Defense may enter into an agreement

16 with a health care provider to assist eligible members se17 lected under subsection (c) to obtain suitable employment

18 with the health care provider. Under the agreement, the

19 provider shall agree to employ a participant in the pro20 gram on a full-time basis for at least a five-year period.

21 ‘‘(2) Under an agreement referred to in paragraph

22 (1), the Secretary shall agree to pay to the health care

23 provider involved an amount based upon the basic salary

24 paid by the health care provider to the participant. The

25 rate of payment by the Secretary shall be as follows:
517

HR 2401 EH

1 ‘‘(A) For the first year of employment, 50 per2 cent of the basic salary, except that the payment

3 may not exceed $25,000.

4 ‘‘(B) For the second year of employment, 40

5 percent of the basic salary, except that the payment

6 may not exceed $10,000.

7 ‘‘(C) For the third year of employment, 30 per8 cent of the basic salary, except that the payment

9 may not exceed $7,500.

10 ‘‘(D) For the fourth year of employment, 20

11 percent of the basic salary, except that the payment

12 may not exceed $5,000.

13 ‘‘(E) For the fifth year of employment, 10 per14 cent of the basic salary, except that the payment

15 may not exceed $2,500.

16 ‘‘(3) Payments required under paragraph (2) may be

17 made by the Secretary in such installments as the Sec18 retary may determine.

19 ‘‘(4) If a participant who is placed under this pro20 gram leaves the employment of the health care provider

21 before the end of the five years of required employment

22 service, the provider shall reimburse the Secretary in an

23 amount that bears the same ratio to the total amount al24 ready paid under the agreement as the unserved portion

25 bears to the five years of required service.
518

HR 2401 EH

1 ‘‘(5) The Secretary may not make a grant under this

2 subsection to a health care provider if the Secretary deter3 mines that the provider terminated the employment of an4 other employee in order to fill the vacancy so created with

5 a participant in this program.’’.

6 (c) PRESEPARATION COUNSELING.—Section

7 1142(b)(4) of title 10, United States Code, is amended

8 by striking out ‘‘program established under section 1151

9 of this title to assist members to obtain employment as

10 elementary or secondary school teachers or teachers’

11 aides.’’ and inserting in lieu thereof ‘‘programs established

12 under sections 1151, 1152, and 1153 of this title.’’.

13 (d) STUDY ON EXPANSION OF THE LAW ENFORCE14 MENT PLACEMENT PROGRAM TO INCLUDE THE BORDER

15 PATROL.—(1) The Secretary of Defense, in consultation

16 with the Commissioner of the Immigration and Natu17 ralization Service, shall conduct a study regarding the fea18 sibility of expanding the law enforcement placement pro19 gram established under section 1152 of title 10, United

20 States Code, as added by subsection (a), to include the

21 placement of members of the Armed Forces who are dis22 charged or released from active duty with the Border Pa23 trol of the Immigration and Naturalization Service.
519

HR 2401 EH

1 (2) Not later than March 1, 1994, the Secretary shall

2 submit a report to Congress containing the results of the

3 study required by this subsection.

4 (e) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by adding

6 at the 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.’’.

7 SEC. 1333. GRANTS TO INSTITUTIONS OF HIGHER EDU8 CATION TO PROVIDE EDUCATION AND TRAIN9 ING IN ENVIRONMENTAL RESTORATION TO

10 DISLOCATED DEFENSE WORKERS AND

11 YOUNG ADULTS.

12 (a) GRANT PROGRAM REQUIRED.—(1) The Secretary

13 of Defense shall establish a program to provide dem14 onstration grants to institutions of higher education to as15 sist such institutions in providing education and training

16 in environmental restoration and hazardous waste man17 agement to eligible dislocated defense workers and young

18 adults described in subsection (d). The Secretary shall

19 award the grants pursuant to a merit-based selection proc20 ess.

21 (2) A grant provided under this subsection may cover

22 a period of not more than three fiscal years, except that

23 the payments under the grant for the second and third
520

HR 2401 EH

1 fiscal year shall be subject to the approval of the Secretary

2 and to the availability of appropriations to carry out this

3 section in that fiscal year.

4 (b) APPLICATION.—To be eligible for a grant under

5 subsection (a), an institution of higher education shall

6 submit an application to the Secretary at such time, in

7 such form, and containing such information as the Sec8 retary may require. The application shall include the fol9 lowing:

10 (1) An assurance by the institution of higher

11 education that it will use the grant to supplement

12 and not supplant non-Federal funds that would oth13 erwise be available for the education and training ac14 tivities funded by the grant.

15 (2) A proposal by the institution of higher edu16 cation to provide expertise, training, and education

17 in hazardous materials and waste management and

18 other environmental fields applicable to defense

19 manufacturing sites and Department of Defense and

20 Department of Energy defense facilities.

21 (c) USE OF GRANT FUNDS.—(1) An institution of

22 higher education receiving a grant under subsection (a)

23 shall use the grant to establish a consortium consisting

24 of the institution and one or more of each of the entities

25 described in paragraph (2) for the purpose of establishing
521

HR 2401 EH

1 and conducting a program to provide education and train2 ing in environmental restoration and waste management

3 to eligible individuals described in subsection (d). To the

4 extent practicable, the Secretary shall authorize the con5 sortium to use a military installation closed or selected to

6 be closed under a base closure law in providing on-site

7 basic skills training to participants in the program.

8 (2) The entities referred to in paragraph (1) are the

9 following:

10 (A) Representatives of appropriate State and

11 local agencies.

12 (B) Private industry councils (as described in

13 section 102 of the Job Training Partnership Act (29

14 U.S.C. 1512)).

15 (C) Community-based organizations (as defined

16 in section 4(5) of such Act (29 U.S.C. 103(5)).

17 (D) Businesses.

18 (E) Organized labor.

19 (F) Other appropriate educational institutions.

20 (d) ELIGIBLE INDIVIDUALS.—A program established

21 or conducted using funds provided under subsection (a)

22 may provide education and training in environmental res23 toration and waste management to—

24 (1) individuals who have been terminated or

25 laid off from employment (or have received notice of
522

HR 2401 EH

1 termination or lay off) as a consequence of reduc2 tions in expenditures by the United States for de3 fense, the cancellation, termination, or completion of

4 a defense contract, or the closure or realignment of

5 a military installation under a base closure law, as

6 determined in accordance with regulations prescribed

7 by the Secretary; or

8 (2) individuals who have attained the age of 16

9 but not the age of 25.

10 (e) ELEMENTS OF EDUCATION AND TRAINING PRO11 GRAM.—In establishing or conducting an education and

12 training program using funds provided under subsection

13 (a), the institution of higher education shall meet the fol14 lowing requirements:

15 (1) The institution of higher education shall es16 tablish and provide a work-based learning system

17 consisting of education and training in environ18 mental restoration—

19 (A) which may include basic educational

20 courses, on-site basic skills training, and men21 tor assistance to individuals described in sub22 section (d) who are participating in the pro23 gram; and
523

HR 2401 EH

1 (B) which may lead to the awarding of a

2 certificate or degree at the institution of higher

3 education.

4 (2) The institution of higher education shall un5 dertake outreach and recruitment efforts to encour6 age participation by eligible individuals in the edu7 cation and training program.

8 (3) The institution of higher education shall se9 lect participants for the education and training pro10 gram from among eligible individuals described in

11 paragraph (1) or (2) of subsection (d).

12 (4) To the extent practicable, in the selection of

13 young adults described in subsection (d)(2) to par14 ticipate in the education and training program, the

15 institution of higher education shall give priority to

16 those young adults who—

17 (A) have not attended and are otherwise

18 unlikely to be able to attend an institution of

19 higher education; or

20 (B) have, or are members of families who

21 have, received a total family income that, in re22 lation to family size, is not in excess of the

23 higher of—

24 (i) the official poverty line (as defined

25 by the Office of Management and Budget,
524

HR 2401 EH

1 and revised annually in accordance with

2 section 673(2) of the Omnibus Budget

3 Reconciliation Act of 1981 (42 U.S.C.

4 9902(2)); or

5 (ii) 70 percent of the lower living

6 standard income level.

7 (5) To the extent practicable, the institution of

8 higher education shall select instructors for the edu9 cation and training program from institutions of

10 higher education, appropriate community programs,

11 and industry and labor.

12 (6) To the extent practicable, the institution of

13 higher education shall consult with appropriate Fed14 eral, State, and local agencies carrying out environ15 mental restoration programs for the purpose of

16 achieving coordination between such programs and

17 the education and training program conducted by

18 the consortium.

19 (f) SELECTION OF GRANT RECIPIENTS.—To the ex20 tent practicable, the Secretary shall provide grants to in21 stitutions of higher education under subsection (a) in a

22 manner which will equitably distribute such grants among

23 the various regions of the United States.

24 (g) LIMITATION ON AMOUNT OF GRANT TO A SINGLE

25 RECIPIENT.—The amount of a grant under subsection (a)
525

HR 2401 EH

1 that may be made to a single institution of higher education in a fiscal year may not exceed 1 2 ⁄3 of the amount

3 made available to provide grants under such subsection

4 for that fiscal year.

5 (h) REPORTING REQUIREMENTS.—(1) The Secretary

6 may provide a grant to an institution of higher education

7 under subsection (a) only if the institution agrees to sub8 mit to the Secretary, in each fiscal year in which the Sec9 retary makes payments under the grant to the institution,

10 a report containing—

11 (A) a description and evaluation of the edu12 cation and training program established by the con13 sortium formed by the institution under subsection

14 (c); and

15 (B) such other information as the Secretary

16 may reasonably require.

17 (2) Not later than 18 months after the date of the

18 enactment of this Act, the Secretary shall submit to the

19 President and Congress an interim report containing—

20 (A) a compilation of the information contained

21 in the reports received by the Secretary from each

22 institution of higher education under paragraph (1);

23 and
526

HR 2401 EH

1 (B) an evaluation of the effectiveness of the

2 demonstration grant program authorized by this

3 section.

4 (3) Not later than January 1, 1997, the Secretary

5 shall submit to the President and Congress a final report

6 containing—

7 (A) a compilation of the information described

8 in the interim report; and

9 (B) a final evaluation of the effectiveness of the

10 demonstration grant program authorized by this sec11 tion, including a recommendation as to the feasibil12 ity of continuing the program.

13 (i) DEFINITIONS.—For purposes of this section:

14 (1) BASE CLOSURE LAW.—The term ‘‘base clo15 sure law’’ means the following:

16 (A) The Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 104 Stat. 1808; 10

19 U.S.C. 2687 note).

20 (B) Title II of the Defense Authorization

21 Amendments and Base Closure and Realign22 ment Act (Public Law 100–526; 102 Stat.

23 2627; 10 U.S.C. 2687 note).

24 (C) Section 2687 of title 10, United States

25 Code.
527

HR 2401 EH

1 (D) Any other similar law enacted after

2 the date of the enactment of this Act.

3 (2) ENVIRONMENTAL RESTORATION.—The term

4 ‘‘environmental restoration’’ means actions taken

5 consistent with a permanent remedy to prevent or

6 minimize the release of hazardous substances into

7 the environment so that such substances do not mi8 grate to cause substantial danger to present or fu9 ture public health or welfare or the environment.

10 (3) INSTITUTION OF HIGHER EDUCATION.—The

11 term ‘‘institution of higher education’’ has the

12 meaning given such term in section 1201(a) of the

13 Higher Education Act of 1965 (20 U.S.C. 1141(a)).

14 (4) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of Defense.

16 (j) CONFORMING REPEAL.—Section 4452 of the De17 fense Conversion, Reinvestment, and Transition Assist18 ance Act of 1992 (division D of Public Law 102–484; 10

19 U.S.C. 2701 note) is repealed.

20 SEC. 1334. REVISION TO IMPROVEMENTS TO EMPLOYMENT

21 AND TRAINING ASSISTANCE FOR DIS22 LOCATED WORKERS.

23 The matter inserted by the amendment made by sec24 tion 4467(f)(1) of the Defense Conversion, Reinvestment,

25 and Transition Assistance Act of 1992 (division D of Pub-
528

HR 2401 EH

1 lic Law 102–484; 106 Stat. 2751) is amended to read as

2 follows:

3 ‘‘(s)(1) Notwithstanding title II of the Federal Prop4 erty and Administrative Services Act of 1949 and any

5 other provision of law, the Secretary and the Secretary

6 of Education shall receive priority by the Secretary of De7 fense for the direct transfer, on a nonreimbursable basis,

8 of the property described in paragraph (2) for use in car9 rying out programs under this Act or under any other Act.

10 ‘‘(2) The property described in this paragraph is both

11 real and personal property under the control of the De12 partment of Defense that is not used by such Department,

13 including property that the Secretary of Defense deter14 mines is in excess of current and projected requirements

15 of such Department.’’.

16 SEC. 1335. DEMONSTRATION PROGRAM FOR THE TRAINING

17 OF RECENTLY DISCHARGED VETERANS FOR

18 EMPLOYMENT IN CONSTRUCTION AND IN

19 HAZARDOUS WASTE REMEDIATION.

20 (a) ESTABLISHMENT.—The Secretary of Defense

21 shall establish a demonstration program to promote the

22 training and employment of veterans in the construction

23 and hazardous waste remediation industries. Using funds

24 made available to carry out this section the Secretary shall

25 make grants under the demonstration program to organi-
529

HR 2401 EH

1 zations that meet the eligibility criteria specified in sub2 section (b).

3 (b) GRANT ELIGIBILITY CRITERIA.—An organization

4 is eligible to receive a grant from the Secretary under sub5 section (a) if it—

6 (1) demonstrates, to the satisfaction of the Sec7 retary, an ability to recruit and counsel veterans for

8 participation in the demonstration program under

9 this section;

10 (2) has entered into an agreement with a joint

11 labor-management training fund established pursu12 ant to section 8(f) of the National Labor Relations

13 Act (29 U.S.C. 158(f)) to implement and operate a

14 training and employment program for veterans;

15 (3) agrees under the agreement referred to in

16 paragraph (2) to use grant funds to carry out a pro17 gram that will provide eligible veterans with training

18 for employment in the construction and hazardous

19 waste remediation industries;

20 (4) provides such training for eligible veterans

21 during a period that does not exceed 18 months;

22 (5) demonstrates actual experience in providing

23 training for veterans under an agreement referred to

24 in paragraph (2);
530

HR 2401 EH

1 (6) agrees to make, along with all subgrantees,

2 a substantial in-kind contribution (as determined by

3 the Secretary of Defense) from non-Federal sources

4 to the demonstration program under this section;

5 and

6 (7) gives its assurances, to the satisfaction of

7 the Secretary, that full time, permanent jobs will be

8 available for individuals successfully completing the

9 training program, with a special emphasis on jobs

10 with employers in construction and hazardous waste

11 remediation on Department of Defense facilities.

12 (c) ELIGIBLE VETERANS.—An individual is an eligi13 ble veteran for the purposes of subsection (b)(3) if the

14 individual—

15 (1)(A) served in the active military, naval, or

16 air service for a period of at least two years;

17 (B) was discharged or released from active duty

18 because of a service-connected disability; or

19 (C) is entitled to compensation (or who but for

20 the receipt of military retired pay would be entitled

21 to compensation) under the laws administered by the

22 Secretary of Veterans Affairs for a disability rated

23 at 30 percent or more; and
531

HR 2401 EH

1 (2) was discharged or released on or after Au2 gust 2, 1990, under conditions other than dishonor3 able.

4 (d) PREFERENCE.—In carrying out the demonstra5 tion program under this section, the Secretary shall ensure

6 that a preference is given to eligible veterans whose pri7 mary or secondary occupational specialty in the Armed

8 Forces is (as determined under regulations prescribed by

9 the Secretary and in effect before the date of such separa10 tion) not readily transferable to the civilian work force.

11 (e) HAZARDOUS WASTE OPERATIONS TRAINING

12 GOAL.—It is the sense of Congress that at least 20 per13 cent of the total number of veterans completing training

14 under the demonstration program under this section

15 should complete the training required—

16 (1) for certification under section 126 of the

17 Superfund Amendments and Reauthorization Act of

18 1986 (29 U.S.C. 655 note), and

19 (2) under any other Federal law which requires

20 certification for employees engaged in hazardous

21 waste operations.

22 (f) USE OF FUNDS.—Funds made available to carry

23 out this section may only be used for tuition and stipends

24 to cover the living and travel expenses of participants, ex25 cept that the Secretary may provide that not more than
532

HR 2401 EH

1 a total of four percent of all the funds made available

2 under this section may be used for administrative expenses

3 of grantees and subgrantees.

4 (g) LIMITATION ON TUITION CHARGED.—The

5 amount of tuition charged with respect to veterans partici6 pating in the demonstration program under this section

7 may not exceed the amount of tuition charged to non8 veterans participating in programs substantially similar to

9 such demonstration program.

10 (h) CAP ON EXPENDITURES PER PARTICIPANT.—Of

11 the funds made available to carry out this section—

12 (1) not more than $1,000 may be expended

13 with respect to each veteran participating in the con14 struction phase of the demonstration program, and

15 (2) not more than an additional $1,000 may be

16 expended with respect to each veteran participating

17 in the hazardous waste remediation phase of the

18 demonstration program, except that the Secretary

19 may authorize an additional $300 for the training of

20 a veteran participating in such phase if the Sec21 retary determines that such additional amount is

22 necessary because of the type of training needed for

23 the particular kind of hazardous waste remediation

24 involved.
533

HR 2401 EH

1 (i) REPORTS.—(1) Not later than November 1, 1994,

2 the Secretary shall submit an interim report to the Con3 gress describing the manner in which the demonstration

4 program is being carried out under this section, including

5 a detailed description of the number of grants made, the

6 number of veterans involved, the kinds of training re7 ceived, and any job placements that have occurred or that

8 are anticipated.

9 (2) Not later than December 31, 1995, the Secretary

10 shall submit a final report to the Congress containing a

11 description of the results of the demonstration program

12 with a detailed description of the number of grants made,

13 the number of veterans involved, the number of veterans

14 who completed the program, the number of veterans who

15 were placed in jobs, the number of veterans who failed

16 to complete the program along with the reasons for such

17 failure, and any recommendations the Secretary deems ap18 propriate.

19 (j) TERMINATION.—Not later than October 1, 1994,

20 the Secretary shall obligate, in accordance with the provi21 sions of this section, the funds made available to carry

22 out the demonstration program under this section.
534

HR 2401 EH

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 amend7 ed by inserting after the first sentence the following: ‘‘Of

8 the amounts made available pursuant to section 1302(a)

9 of the National Defense Authorization Act for Fiscal Year

10 1994, $25,000,000 shall be made available for the purpose

11 of making 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 EDU19 CATIONAL INSTITUTIONS.—Section 4489 of such Act (106

20 Stat. 2764) is amended by inserting ‘‘or any other institu21 tion offering a program of job training, as approved by

22 the Secretary of Veterans Affairs,’’ after ‘‘United States

23 Code,’’.
535

HR 2401 EH

1 SEC. 1337. AMENDMENTS TO DEFENSE DIVERSIFICATION

2 PROGRAM UNDER JOB TRAINING PARTNER3 SHIP ACT.

4 (a) DEMONSTRATION PROJECTS.—Section

5 325A(k)(1) of the Job Training Partnership Act is

6 amended—

7 (1) in subparagraph (B), by striking out ‘‘and’’

8 after the semicolon;

9 (2) in subparagraph (C), by striking out the pe10 riod and inserting in lieu thereof a semicolon; and

11 (3) by adding at the end the following new sub12 paragraphs:

13 ‘‘(D) projects involving teams of transition

14 assistance specialists from Federal, State, and

15 local agencies to provide onsite services, includ16 ing assisting affected communities in short-term

17 and long-term planning and assisting affected

18 individuals through counseling and referrals to

19 appropriate services, at the site of such reduc20 tions or closures within 60 days of the an21 nouncement of such reductions or closures;

22 ‘‘(E) projects to assist in establishing tran23 sition assistance centers at the installations

24 where large dislocations occur to provide com25 prehensive services to individuals affected by

26 such dislocations;
536

HR 2401 EH

1 ‘‘(F) projects involving the joint efforts of

2 Federal agencies, such as the Department of

3 Labor, the Department of Defense, the Depart4 ment of Commerce, and the Small Business Ad5 ministration, to assist communities affected by

6 such reductions or closures in developing inte7 grated community planning processes to facili8 tate the retraining of affected individuals and

9 the conversion of installations to commercial

10 uses;

11 ‘‘(G) projects to develop new information

12 and data systems to assist individuals and com13 munities affected by such reductions or clo14 sures, including the development of data bases

15 with the capability to provide an affected indi16 vidual with a civilian economy skills profile

17 which takes into account the skills acquired

18 while working on defense-related matters; and

19 ‘‘(H) projects to assist small and medium20 sized firms affected by such reductions or clo21 sures in the formation of learning consortia,

22 which will promote joint efforts for staff train23 ing, human resource development, product de24 velopment, and the marketing of products.’’.
537

HR 2401 EH

1 (b) STAFF TRAINING, ADMINISTRATION, AND CO2 ORDINATION.—Section 325A of the Job Training Partner3 ship Act is amended—

4 (1) by redesignating subsection (l) as subsection

5 (o); and

6 (2) by adding the following new subsections

7 after subsection (k):

8 ‘‘(l) STAFF TRAINING AND TECHNICAL ASSIST9 ANCE.—In carrying out the grant program established

10 under subsection (a), the Secretary of Defense may pro11 vide staff training and technical assistance services to

12 States, communities, businesses, and labor organizations,

13 and other entities involved in providing adjustment assist14 ance to workers.

15 ‘‘(m) ADMINISTRATIVE EXPENSES.—Not more than

16 2 percent of the funds available to the Secretary of De17 fense to carry out this section for any fiscal year may be

18 retained by the Secretary of Defense for the administra19 tion of activities authorized under this section.

20 ‘‘(n) COORDINATION WITH TECHNOLOGY REINVEST21 MENT PROJECTS.—The Secretary of Defense, in consulta22 tion with the Secretary of Labor, shall ensure that activi23 ties carried out under this section are coordinated with

24 relevant activities carried out pursuant to title IV of the
538

HR 2401 EH

1 Department of Defense Appropriations Act, 1993 (Public

2 Law 102–396; 106 Stat. 1890).’’.

3 Subtitle D—Other Matters

4 SEC. 1341. ENCOURAGEMENT OF INDUSTRIAL DIVERSIFICA5 TION PLANNING FOR CERTAIN DEFENSE

6 CONTRACTORS.

7 (a) DIVERSIFICATION PLANNING.—As part of each

8 major defense contract entered into by the Secretary of

9 Defense, the Secretary shall encourage that the contractor

10 prepare an industrial diversification plan for the defense11 related operations of the contractor.

12 (b) REGULATIONS.—Not later than 120 days after

13 the date of the enactment of this Act, the Secretary shall

14 prescribe regulations to carry out this section. With re15 spect to major defense contracts, the regulations required

16 by this subsection shall supersede any regulations pre17 scribed by the Secretary pursuant to section 4239 of the

18 Defense Conversion, Reinvestment, and Transition Assist19 ance Act of 1992 (division D of Public Law 102–484; 10

20 U.S.C. 2501 note).

21 (c) MAJOR DEFENSE CONTRACTOR DEFINED.—For

22 purposes of this section, the term ‘‘major defense con23 tract’’ means any contract for goods or services for the

24 Department of Defense in an amount equal to or greater

25 than $5,000,000.
539

HR 2401 EH

1 (d) APPLICATION OF PLANNING REQUIREMENTS.—

2 Subsection (a) shall apply with respect to major defense

3 contracts entered into by the Secretary on or after the

4 date of the enactment of this Act.

5 (e) STUDIES REGARDING DEFENSE CONVERSION

6 MARKET CREATION.—(1) To assist the defense diver7 sification planning undertaken pursuant to subsection (a),

8 the Secretary shall sponsor not more than five studies to

9 identify economic sectors and strategies that will best fa10 cilitate the process of defense conversion, diversification,

11 and reinvestment. The studies shall be conducted by non12 governmental entities selected pursuant to a contract with

13 the Secretary. An entity selected to conduct a study under

14 this subsection shall consult with representatives of both

15 management and employees of defense contractors partici16 pating in industrial diversification planning pursuant to

17 subsection (a).

18 (2) Not later than 180 days after the date of the en19 actment of this Act, the Secretary shall submit to Con20 gress a report describing the results of the studies con21 ducted pursuant to this subsection.
540

HR 2401 EH

1 SEC. 1342. ENCOURAGEMENT FOR THE PURCHASE OR

2 LEASE OF VEHICLES PRODUCING ZERO OR

3 VERY LOW EXHAUST EMISSIONS.

4 From funds authorized to be appropriated in subtitle

5 A of title I and section 301 for the purchase or lease of

6 non-tactical administrative vehicles (such as automobiles,

7 utility trucks, buses, and vans), the Secretary of Defense

8 is encouraged to expend not less than 10 percent of such

9 funds for the purchase or lease of vehicles producing zero

10 or very low exhaust emissions.

11 SEC. 1343. REVISION TO REQUIREMENTS FOR NOTICE TO

12 CONTRACTORS UPON PROPOSED OR ACTUAL

13 TERMINATION OF DEFENSE PROGRAMS.

14 Section 4471 of the Defense Conversion, Reinvest15 ment, and Transition Assistance Act of 1992 (106 Stat.

16 2753; 10 U.S.C. 2501 note) is amended to read as follows:

17 ‘‘SEC. 4471. NOTICE TO CONTRACTORS AND EMPLOYEES

18 UPON PROPOSED AND ACTUAL TERMINATION

19 OR SUBSTANTIAL REDUCTION IN MAJOR DE20 FENSE PROGRAMS.

21 ‘‘(a) NOTICE REQUIREMENT AFTER SUBMISSION OF

22 PRESIDENT’S BUDGET TO CONGRESS.—Each year, in

23 conjunction with the preparation of the President’s budget

24 for the next fiscal year, the Secretary of Defense and the

25 Secretary of Energy shall each assess which major defense

26 programs (if any) under their respective jurisdictions are
541

HR 2401 EH

1 proposed to be terminated or substantially reduced under

2 the budget of the President for the next fiscal year. As

3 soon as reasonably practicable after the date on which that

4 budget is submitted to Congress pursuant to section 1105

5 of title 31, United States Code, and not more than 180

6 days after such date, each such Secretary, in accordance

7 with regulations prescribed by that Secretary, shall pro8 vide notice of the proposed termination of, or substantial

9 reduction in, each such program—

10 ‘‘(1) directly to each prime contractor under

11 that program; and

12 ‘‘(2) by general notice through publication in

13 the Federal Register.

14 ‘‘(b) NOTICE REQUIREMENT AFTER ENACTMENT OF

15 APPROPRIATIONS ACT.—

16 ‘‘(1) DEPARTMENT OF DEFENSE.—As soon as

17 reasonably practicable after the enactment of an Act

18 appropriating funds for the military functions of the

19 Department of Defense, and not more than 180

20 days after such date, the Secretary of Defense, in

21 accordance with regulations prescribed by the

22 Secretary—

23 ‘‘(A) shall determine which major defense

24 programs (if any) of the Department of De25 fense that were not previously identified under
542

HR 2401 EH

1 subsection (a) are likely to be terminated or

2 substantially reduced as a result of the funding

3 levels provided in that Act; and

4 ‘‘(B) shall provide notice of the anticipated

5 termination of, or substantial reduction in, that

6 program—

7 ‘‘(i) directly to each prime contractor

8 under that program;

9 ‘‘(ii) directly to the Secretary of

10 Labor; and

11 ‘‘(iii) by general notice through publi12 cation in the Federal Register.

13 ‘‘(2) DEPARTMENT OF ENERGY.—As soon as

14 reasonably practicable after the enactment of an Act

15 appropriating funds for national defense programs

16 of the Department of Energy, and not more than

17 180 days after such date, the Secretary of Energy,

18 in accordance with regulations prescribed by the

19 Secretary—

20 ‘‘(A) shall determine which major defense

21 programs (if any) of the Department of Energy

22 that were not previously identified under sub23 section (a) are likely to be terminated or sub24 stantially reduced as a result of the funding lev25 els provided in that Act; and
543

HR 2401 EH

1 ‘‘(B) shall provide notice of the anticipated

2 termination of, or substantial reduction in, that

3 program—

4 ‘‘(i) directly to each prime contractor

5 under that program;

6 ‘‘(ii) directly to the Secretary of

7 Labor; and

8 ‘‘(iii) by general notice through publi9 cation in the Federal Register.

10 ‘‘(c) NOTICE TO SUBCONTRACTORS.—As soon as rea11 sonably practicable after the date on which the prime con12 tractor for a major defense program receives notice under

13 subsection (a) or (b) of the termination of, or substantial

14 reduction in, that program, and not more than 45 days

15 after such date, the prime contractor shall—

16 ‘‘(1) provide notice of that termination or sub17 stantial reduction to each person that is a first-tier

18 subcontractor under a contract in an amount not

19 less than $500,000 for the program; and

20 ‘‘(2) require that each such subcontractor (A)

21 provide such notice to each of its subcontractors in

22 an amount in excess of $100,000 under the contract,

23 and (B) impose a similar notice and pass through

24 requirement to subcontractors in an amount in ex25 cess of $100,000 at all tiers.
544

HR 2401 EH

1 ‘‘(d) SIX-MONTH CONTRACTOR NOTICE TO EMPLOY2 EES AND LOCAL GOVERNMENT BEFORE LAYOFFS.—A

3 prime contractor receiving notice under subsection (a) or

4 (b) or a subcontractor receiving notice under subsection

5 (c) relating to a major defense program may not terminate

6 the employment of an individual as a result of the actual

7 termination or substantial reduction of that program until

8 six months after the date on which the contractor or sub9 contractor provides notice in writing of such contractor or

10 subcontractor’s intent to terminate the employment of

11 such individual—

12 ‘‘(1) to that employee and, if there is a labor

13 representative of that employee, to that labor rep14 resentative;

15 ‘‘(2) to the State dislocated worker unit or of16 fice described in section 311(b)(2) of the Job Train17 ing Partnership Act (29 U.S.C. 1661(b)(2)) for the

18 State within which that individual resides; and

19 ‘‘(3) to the chief elected official of the unit of

20 general local government within which that individ21 ual resides.

22 ‘‘(e) CONSTRUCTIVE NOTICE.—The notice of termi23 nation of, or substantial reduction in, a major defense pro24 gram provided under subsection (d)(1) to an employee of

25 a contractor or subcontractor shall have the same effect
545

HR 2401 EH

1 as a notice of termination to such employee for the pur2 poses of determining whether such employee is eligible for

3 training, adjustment assistance, and employment services

4 under section 325 or 325A of the Job Training Partner5 ship Act, except where the employer has specified that the

6 termination of, or reduction in, the program is not likely

7 to result in plant closure or mass layoff. Any employee

8 considered to have received such notice under the preced9 ing sentence shall only be eligible to receive services under

10 section 314(b) of such Act and under paragraphs (1)

11 through (14), (16), and (18) of section 314(c) of such Act.

12 ‘‘(f) WITHDRAWAL OF NOTIFICATION UPON SUFFI13 CIENT FUNDING FOR PROGRAM TO CONTINUE.—

14 ‘‘(1) NOTICE TO PRIME CONTRACTOR.—In any

15 case in which—

16 ‘‘(A) the Secretary of Defense or Secretary

17 of Energy has provided a notification under

18 subsection (a) with respect to a major defense

19 program based upon the budget of the Presi20 dent for any fiscal year; and

21 ‘‘(B) that Secretary determines, upon en22 actment of an Act appropriating funds for the

23 military functions of the Department of De24 fense or for national defense programs of the

25 Department of Energy for that fiscal year, as
546

HR 2401 EH

1 the case may be, that due to a sufficient level

2 of funding for the program having been pro3 vided in that Act there will not be a termination

4 of, or substantial reduction in, that program,

5 that Secretary shall provide notice of withdrawal of

6 the notification provided under subsection (a) to

7 each prime contractor that received that notice

8 under subsection (a). Any such notice of withdrawal

9 shall be provided as soon as reasonably practicable

10 after the date of the enactment of the appropriations

11 Act concerned. In any such case, the Secretary shall

12 at the same time provide general notice of such

13 withdrawal by publication in the Federal Register.

14 ‘‘(2) NOTICE TO SUBCONTRACTORS.—As soon

15 as reasonably practicable after the date on which the

16 prime contractor for a major defense program re17 ceives notice under paragraph (1) of the withdrawal

18 of a notification previously provided to the contrac19 tor under subsection (a), and not more than 45 days

20 after that date, the prime contractor shall provide

21 notice of such withdrawal to each person that is a

22 first-tier subcontractor under a contract in an

23 amount not less than $500,000 for the program and

24 shall require that each such subcontractor provide
547

HR 2401 EH

1 such notice to each subcontractor in an amount not

2 less than $100,000 at any tier in a contract.

3 ‘‘(3) NOTICE TO EMPLOYEES.—As soon as rea4 sonably practicable after the date on which a prime

5 contractor receives notice of withdrawal under para6 graph (1) or a subcontractor receives such notice

7 under paragraph (2), and not more than two weeks

8 after that date, the contractor or subcontractor shall

9 provide notice of such withdrawal—

10 ‘‘(A) to each representative of employees

11 whose work is directly related to the defense

12 contract under the program and who are em13 ployed by the contractor or subcontractor or, if

14 there is no such representative at that time,

15 each such employee;

16 ‘‘(B) to the State dislocated worker unit or

17 office described in section 311(b)(2) of the Job

18 Training Partnership Act (29 U.S.C.

19 1661(b)(2)) and the chief elected official of the

20 unit of general local government within which

21 the adverse effect may occur; and

22 ‘‘(C) to each grantee under section 325(a)

23 or 325A(a) of the Job Training Partnership

24 Act providing training, adjustment assistance,
548

HR 2401 EH

1 and employment services to an employee de2 scribed in this paragraph.

3 ‘‘(4) LOSS OF ELIGIBILITY.—An employee who

4 receives notice of withdrawal under paragraph (2)

5 shall not be eligible for training, adjustment assist6 ance, and employment services under section 325 or

7 325A of the Job Training Partnership Act beginning

8 on the date on which the employee receives the no9 tice.

10 ‘‘(g) TERMINATION AND OTHER REMEDIES FOR

11 FAILURE TO GIVE REQUIRED NOTICE.—A contractor

12 that willfully fails to provide notice as required by any pro13 vision of this section may be subject to termination for

14 default of the instant contract, suspension, or debarment,

15 or other remedies as determined by the Secretary of De16 fense or Secretary of Energy, as appropriate.

17 ‘‘(h) DEFINITIONS.—For purposes of this section:

18 ‘‘(1) MAJOR DEFENSE PROGRAM.—The term

19 ‘major defense program’ means—

20 ‘‘(A) in the case of the Department of De21 fense, a program that is carried out to produce

22 or acquire a major system (as defined in section

23 2302(5) of title 10, United States Code); and

24 ‘‘(B) in the case of the Department of En25 ergy, a program that meets the dollar threshold
549

HR 2401 EH

1 criteria for treatment of a Department of De2 fense program as a major system.

3 ‘‘(2) SUBSTANTIAL REDUCTION.—The term

4 ‘substantial reduction’, with respect to a major de5 fense program, means a reduction of 25 percent or

6 more in the total dollar value of contracts under the

7 program.’’.

8 SEC. 1344. REGIONAL RETRAINING SERVICES CLEARING9 HOUSES.

10 (a) ESTABLISHMENT REQUIRED.—The Secretary of

11 Labor, in consultation with the Secretary of Defense, shall

12 carry out a demonstration project to establish one or more

13 regional retraining services clearinghouses to serve eligible

14 persons described in subsection (b).

15 (b) PERSONS ELIGIBLE FOR CLEARINGHOUSE SERV16 ICES.—The following persons shall be eligible to receive

17 services through the clearinghouses:

18 (1) Members of the Armed Forces who are dis19 charged or released from active duty.

20 (2) Civilian employees of the Department of

21 Defense who are terminated from such employment

22 as a result of reductions in defense spending or the

23 closure or realignment of a military installation, as

24 determined by the Secretary of Defense.
550

HR 2401 EH

1 (3) Employees of defense contractors who have

2 been terminated or laid off (or receive a notice of

3 termination or lay off) as a result of the completion

4 or termination of a defense contract or program or

5 reductions in defense spending, as determined by the

6 Secretary of Defense.

7 (c) INFORMATIONAL ACTIVITIES OF CLEARING8 HOUSES.—The clearinghouses shall—

9 (1) collect educational materials which have

10 been prepared for the purpose of providing informa11 tion to eligible persons regarding available retraining

12 programs, in particular those programs dealing with

13 critical skills needed in advanced manufacturing and

14 skill areas in which shortages of skilled employees

15 exist;

16 (2) establish and maintain a data base for the

17 purpose of storing and categorizing such materials

18 based on the different needs of eligible persons; and

19 (3) furnish such materials, upon request, to

20 such educational institutions and other interested

21 persons.

22 (d) FUNDING.—From funds made available under

23 section 4465(c) of the National Defense Authorization Act

24 for Fiscal Year 1993 (Public Law 102–484; 29 U.S.C.

25 1662d–1 note) to carry out section 325A of the Job Train-
551

HR 2401 EH

1 ing Partnership Act (29 U.S.C. 1662d–1), not more than

2 $10,000,000 shall be available to the Secretary of Labor

3 to carry out this section during fiscal year 1994. Funds

4 made available under section 1302 for defense conversion,

5 reinvestment, and transition assistance programs shall not

6 be used to carry out this section.

7 Subtitle E—National Shipbuilding

8 Initiative

9 SEC. 1351. SHORT TITLE.

10 This subtitle may be cited as the ‘‘National Ship11 building and Shipyard Conversion Act of 1993’’.

12 SEC. 1352. NATIONAL SHIPBUILDING INITIATIVE.

13 (a) ESTABLISHMENT OF PROGRAM.—There shall be

14 a National Shipbuilding Initiative program, to be carried

15 out to support the industrial base for national security ob16 jectives by assisting in the reestablishment of the United

17 States shipbuilding industry as a self-sufficient, inter18 nationally competitive industry.

19 (b) ADMINISTERING DEPARTMENTS.—The program

20 shall be carried out—

21 (1) by the Secretary of Defense, with respect to

22 programs under the jurisdiction of the Secretary of

23 Defense; and
552

HR 2401 EH

1 (2) by the Secretary of Transportation, with re2 spect to programs under the jurisdiction of the Sec3 retary of Transportation.

4 (c) PROGRAM ELEMENTS.—The National Shipbuild5 ing Initiative shall consist of the following program ele6 ments:

7 (1) FINANCIAL INCENTIVES PROGRAM.—A fi8 nancial incentives program to provide loan guaran9 tees to initiate commercial ship construction for do10 mestic and export sales, encourage shipyard mod11 ernization, and support increased productivity, as

12 provided in title XI of the Merchant Marine Act,

13 1936 (as amended by this subtitle).

14 (2) TECHNOLOGY DEVELOPMENT PROGRAM.—A

15 technology development program, to be carried out

16 within the Department of Defense by the Advanced

17 Research Projects Agency, to improve the technology

18 base for advanced shipbuilding technologies and re19 lated dual-use technologies through activities includ20 ing a development program for innovative commer21 cial ship design and production processes and tech22 nologies.

23 (3) NAVY’S AFFORDABILITY THROUGH COM24 MONALITY PROGRAM.—Enhanced support by the

25 Secretary of Defense for the shipbuilding program of
553

HR 2401 EH

1 the Department of the Navy known as the Afford2 ability Through Commonality (ATC) program, to in3 clude enhanced support (A) for the development of

4 common modules for military and commercial ships,

5 and (B) to foster civil-military integration into the

6 next generation of Naval surface combatants.

7 (4) NAVY’S MANUFACTURING TECHNOLOGY AND

8 TECHNOLOGY BASE PROGRAMS.—Enhanced support

9 by the Secretary of Defense for, and strengthened

10 funding for, that portion of the Manufacturing

11 Technology program of the Navy, and that portion

12 of the Technology Base program of the Navy, that

13 are in the areas of shipbuilding technologies and

14 ship repair technologies.

15 SEC. 1353. DEPARTMENT OF DEFENSE PROGRAM MANAGE16 MENT THROUGH ADVANCED RESEARCH

17 PROJECTS AGENCY.

18 The Secretary of Defense shall designate the Ad19 vanced Research Projects Agency of the Department of

20 Defense as the lead agency of the Department of Defense

21 for activities of the Department of Defense which are part

22 of the National Shipbuilding Initiative program. Those ac23 tivities shall be carried out as part of defense conversion

24 activities of the Department of Defense.
554

HR 2401 EH

1 SEC. 1354. ADVANCED RESEARCH PROJECTS AGENCY

2 FUNCTIONS.

3 The Secretary of Defense, acting through the Direc4 tor of the Advanced Research Projects Agency, shall carry

5 out the following functions with respect to the National

6 Shipbuilding Initiative program:

7 (1) Consultation with the Maritime Administra8 tion, the Office of Economic Adjustment, the Na9 tional Economic Council, the National Shipbuilding

10 Research Project, the Coast Guard, the National

11 Oceanic and Atmospheric Administration, appro12 priate naval commands and activities, and other ap13 propriate Federal agencies on—

14 (A) development and transfer to the pri15 vate sector of dual-use shipbuilding tech16 nologies, ship repair technologies, and ship17 building management technologies;

18 (B) assessments of potential markets for

19 maritime products; and

20 (C) recommendation of industrial entities,

21 partnerships, joint ventures, or consortia for

22 short- and long-term manufacturing technology

23 investment strategies.

24 (2) Funding and program management activi25 ties to develop innovative design and production
555

HR 2401 EH

1 processes and the technologies required to implement

2 those processes.

3 (3) Facilitation of industry and Government

4 technology development and technology transfer ac5 tivities (including education and training, market as6 sessments, simulations, hardware models and proto7 types, and national and regional industrial base

8 studies).

9 (4) Integration of promising technology ad10 vances made in the Technology Reinvestment Pro11 gram of the Advanced Research Projects Agency

12 into the National Shipbuilding Initiative to effect

13 full defense conversion potential.

14 SEC. 1355. ELIGIBLE SHIPYARDS.

15 (a) ELIGIBILITY.—To be eligible to receive any as16 sistance or otherwise to participate in any program carried

17 out under the National Shipbuilding Initiative, a shipyard

18 must be located in the United States and, in the case of

19 a private shipyard, must be owned and operated by a

20 United States company.

21 (b) DEFINITION OF UNITED STATES COMPANY.—

22 For purposes of this section, the term ‘‘United States

23 company’’ means a company that is not owned or con24 trolled, directly or indirectly, by citizens or nationals of

25 a foreign country. For purposes of the preceding sentence,
556

HR 2401 EH

1 a company is owned or controlled directly or indirectly by

2 citizens or nationals of a foreign country if—

3 (1) 50 percent or more of the voting stock of

4 the company is owned by one or more citizens or na5 tionals of the foreign country;

6 (2) the title to 50 percent or more of the stock

7 of the company is held subject to trust or fiduciary

8 obligations in favor of one or more citizens or na9 tionals of the foreign country;

10 (3) 50 percent or more of the voting stock of

11 the company is vested in or exercisable on behalf of

12 one or more citizens or nationals of the foreign

13 country; or

14 (4) in the case of a corporation—

15 (A) the number of its directors necessary

16 to constitute a quorum are citizens or national

17 of the foreign country; or

18 (B) the corporation is organized under the

19 laws of the foreign country or any subdivision,

20 territory, or possession thereof.

21 SEC. 1356. LOAN GUARANTEES FOR EXPORT VESSELS.

22 Title XI of the Merchant Marine Act, 1936 (46 App.

23 U.S.C. 1271 et seq.) is amended as follows:
557

HR 2401 EH

1 (1) ELIGIBLE EXPORT VESSEL DEFINED.—Sec2 tion 1101 is amended by adding at the end the fol3 lowing new subsection:

4 ‘‘(o) The term ‘eligible export vessel’ means a vessel

5 constructed, reconstructed, or reconditioned in the United

6 States for use in world-wide trade which will, upon deliv7 ery or redelivery, be placed under or continued to be docu8 mented under the laws of a country other than the United

9 States.’’.

10 (2) LIMITATIONS ON GUARANTEE OBLIGA11 TIONS.—Section 1103 is amended—

12 (A) by amending the first sentence of sub13 section (f) to read as follows: ‘‘The aggregate

14 unpaid principal amount of the obligations

15 guaranteed under this section and outstanding

16 at any one time shall not exceed

17 $12,000,000,000, of which (1) $850,000,000

18 shall be limited to obligations pertaining to

19 guarantees of obligations for fishing vessels and

20 fishery facilities made under this title, and (2)

21 $3,000,000,000 shall be limited to obligations

22 pertaining to guarantees of obligations for eligi23 ble export vessels.’’; and

24 (B) by adding at the end the following new

25 subsection:
558

HR 2401 EH

1 ‘‘(g)(1) The Secretary may not issue a commitment

2 to guarantee obligations for an eligible export vessel un3 less, after considering—

4 ‘‘(A) the status of pending applications for com5 mitments to guarantee obligations for vessels docu6 mented under the laws of the United States and op7 erating or to be operated in the domestic or foreign

8 commerce of the United States,

9 ‘‘(B) the economic soundness of the applica10 tions referred to in subparagraph (A), and

11 ‘‘(C) the amount of guarantee authority avail12 able,

13 the Secretary determines, in the sole discretion of the Sec14 retary, that the issuance of a commitment to guarantee

15 obligations for an eligible export vessel will not result in

16 the denial of an economically sound application to issue

17 a commitment to guarantee obligations for vessels docu18 mented under the laws of the United States operating in

19 the domestic or foreign commerce of the United States.

20 ‘‘(2) The Secretary may not issue commitments to

21 guarantee obligations for eligible export vessels under this

22 section after the later of—

23 ‘‘(A) the 5th anniversary of the date on which

24 the Secretary publishes final regulations setting

25 forth the application procedures for the issuance of
559

HR 2401 EH

1 commitments to guarantee obligations for eligible ex2 port vessels,

3 ‘‘(B) the last day of any 5-year period in which

4 funding and guarantee authority for obligations for

5 eligible export vessels have been continuously avail6 able, or

7 ‘‘(C) the last date on which those commitments

8 may be issued under any treaty, convention, or other

9 international agreement entered into after the date

10 of the enactment of the Shipbuilding Conversion Act

11 of 1993 that prohibits guarantee of those obliga12 tions.’’.

13 (3) AUTHORITY TO GUARANTEE OBLIGATIONS

14 FOR ELIGIBLE EXPORT VESSELS.—Section 1104A is

15 amended—

16 (A) by amending so much of subsection

17 (a)(1) as precedes the proviso to read as fol18 lows:

19 ‘‘(1) financing, including reimbursement of an

20 obligor for expenditures previously made for, con21 struction, reconstruction, or reconditioning of a ves22 sel (including an eligible export vessel), which is de23 signed principally for research, or for commercial

24 use (A) in the coastwise or intercoastal trade; (B) on

25 the Great Lakes, or on bays, sounds, rivers, harbors,
560

HR 2401 EH

1 or inland lakes of the United States; (C) in foreign

2 trade as defined in section 905 of this Act for pur3 poses of title V of this Act; or (D) as an ocean ther4 mal energy conversion facility or plantship; (E) with

5 respect to floating drydocks in the construction, re6 construction, reconditioning, or repair of vessels; or

7 (F) with respect to an eligible export vessel, in

8 world-wide trade;’’;

9 (B) by amending subsection (b)(2)—

10 (i) by striking ‘‘subject to the provi11 sions of paragraph (1) of subsection (c) of

12 this section,’’ and inserting ‘‘subject to the

13 provisions of subsection (c)(1) and sub14 section (i),’’, and

15 (ii) by inserting before the semicolon

16 at the end the following: ‘‘: Provided, fur17 ther That in the case of an eligible export

18 vessel, such obligations may be in an ag19 gregate principal amount which does not

exceed 871 20 ⁄2 of the actual cost or depre21 ciated actual cost of the eligible export ves22 sel’’;

23 (C) by amending subsection (b)(6) by in24 serting after ‘‘United States Coast Guard’’ the

25 following: ‘‘or, in the case of an eligible export
561

HR 2401 EH

1 vessel, of the appropriate national flag authori2 ties under a treaty, convention, or other inter3 national agreement to which the United States

4 is a party’’;

5 (D) in subsection (d), by adding at the end

6 the following new paragraph:

7 ‘‘(3) No commitment to guarantee, or guaran8 tee of an obligation may be made by the Secretary

9 under this title for the construction, reconstruction

10 or reconditioning of an eligible export vessel

11 unless—

12 ‘‘(A) the Secretary finds that the construc13 tion, reconstruction, or reconditioning of such

14 eligible export vessel will aid in the transition of

15 United States shipyards to commercial activities

16 or will preserve shipbuilding assets that would

17 be essential in time of war or national emer18 gency, and

19 ‘‘(B) the owner of the eligible export vessel

20 agrees with the Secretary that the vessel shall

21 not be transferred to any country designated by

22 the Secretary as a country whose interests are

23 hostile to the interests of the United States.’’;

24 and
562

HR 2401 EH

1 (E) by adding at the end the following new

2 subsection:

3 ‘‘(i) The Secretary may not, with respect to—

4 ‘‘(1) the general 75 percent or less limitation in

5 subsection (b)(2);

‘‘(2) the 871 6 ⁄2 percent or less limitation in the

7 1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or

8 section 1111(b); or

9 ‘‘(3) the 80 percent or less limitation in the 3rd

10 proviso to such subsection;

11 establish by rule, regulation, or procedure any percentage

12 within any such limitation that is, or is intended to be,

13 applied uniformly to all guarantees or commitments to

14 guarantee made under this section that are subject to the

15 limitation.’’.

16 (4) LIMITATION ON AUTHORITY TO ESTABLISH

17 UNIFORM PERCENTAGE LIMITATION.—Section

18 1104B is amended by adding at the end of sub19 section (b) the following flush sentence:

20 ‘‘The Secretary may not by rule, regulation, or procedure

establish any percentage within the 871 21 ⁄2 percent or less

22 limitation in paragraph (2) that is, or is intended to be,

23 applied uniformly to all guarantees or commitments to

24 guarantee made under this section.’’.
563

HR 2401 EH

1 (5) CONFORMING AMENDMENT.—Section

2 1103(a) is amended in the first sentence by striking

3 ‘‘, upon application by a citizen of the United

4 States,’’.

5 SEC. 1357. LOAN GUARANTEES FOR SHIPYARD MODERNIZA6 TION AND IMPROVEMENT.

7 (a) IN GENERAL.—Title XI of the Merchant Marine

8 Act, 1936, is further amended by adding at the end the

9 following new section:

10 ‘‘SEC. 1111. (a) The Secretary, under section

11 1103(a) and subject to the terms the Secretary shall pre12 scribe, may guarantee or make a commitment to guaran13 tee the payment of the principal of, and the interest on,

14 an obligation for advanced shipbuilding technology and

15 modern shipbuilding technology of a general shipyard fa16 cility located in the United States.

17 ‘‘(b) Guarantees or commitments to guarantee under

18 this section are subject to the extent applicable to all the

19 laws requirements, regulations, and procedures that apply

20 to guarantees or commitments to guarantee made under

21 this title, except that guarantees or commitments to guar22 antee made under this section may be in the aggregate

principal amount that does not exceed 871 23 ⁄2 percent of the

24 actual cost of the advanced shipbuilding technology or

25 modern shipbuilding technology.
564

HR 2401 EH

1 ‘‘(c) The Secretary may accept the transfer of funds

2 from any other department, agency, or instrumentality of

3 the United States Government and may use those funds

4 to cover the cost (as defined in section 502 of the Federal

5 Credit Reform Act of 1990) of making guarantees or com6 mitments to guarantee loans entered into under this sec7 tion.

8 ‘‘(d) For purposes of this section:

9 ‘‘(1) The term ‘advanced shipbuilding tech10 nology’ includes—

11 ‘‘(A) numerically controlled machine tools,

12 robots, automated process control equipment,

13 computerized flexible manufacturing systems,

14 associated computer software, and other tech15 nology for improving shipbuilding and related

16 industrial production which advance the state17 of-the-art; and

18 ‘‘(B) novel techniques and processes de19 signed to improve shipbuilding quality, produc20 tivity, and practice, and to promote sustainable

21 development, including engineering design,

22 quality assurance, concurrent engineering, con23 tinuous process production technology, energy

24 efficiency, waste minimization, design for

25 recyclability or parts reuse, inventory manage-
565

HR 2401 EH

1 ment, upgraded worker skills, and communica2 tions with customers and suppliers.

3 ‘‘(2) The term ‘modern shipbuilding technology’

4 means the best available proven technology, tech5 niques, and processes appropriate to enhancing the

6 productivity of shipyards.

7 ‘‘(3) The term ‘general shipyard facility’

8 means—

9 ‘‘(A) for operations on land—

10 ‘‘(i) any structure or appurtenance

11 thereto designed for the construction, re12 pair, rehabilitation, refurbishment or re13 building of any vessel (as defined in title 1,

14 United States Code) and including graving

15 docks, building ways, ship lifts, wharves,

16 and pier cranes;

17 ‘‘(ii) the land necessary for any struc18 ture or appurtenance described in clause

19 (i); and

20 ‘‘(iii) equipment that is for the use in

21 connection with any structure or appur22 tenance and that is necessary for the per23 formance of any function referred to in

24 subparagraph (A);
566

HR 2401 EH

1 ‘‘(B) for operations other than on land,

2 any vessel, floating drydock or barge built in

3 the United States and used for, equipped to be

4 used for, or of a type that is normally used for

5 activities referred to in subparagraph (A)(i) of

6 this paragraph.’’.

7 (b) CONFORMING AMENDMENT.—Section 1101(n) of

8 that Act (46 App. U.S.C. 1271(n)) is amended by striking

9 ‘‘vessels.’’ and inserting ‘‘vessels and general shipyard fa10 cilities (as defined in section 1111(d)(3)).’’.

11 SEC. 1358. FUNDING FOR CERTAIN LOAN GUARANTEE COM12 MITMENTS FOR FISCAL YEAR 1994.

13 (a) FUNDING.—Amounts appropriated to the Sec14 retary of Defense pursuant to the authorization of appro15 priations in section 109 shall be available only for transfer

16 to the Secretary of Transportation. Of such amounts—

17 (1) $175,000,000 shall be available only for

18 costs (as defined in section 502 of the Federal Cred19 it Reform Act of 1990 (2 U.S.C. 661a)) of new loan

20 guarantee commitments under section 1104A(a)(1)

21 of the Merchant Marine Act, 1936 (46 App. U.S.C.

22 1274(a)(1)), as amended by section 1356, for vessels

23 of at least 10,000 gross tons that are commercially

24 marketable on the international market (including

25 eligible export vessels); and
567

HR 2401 EH

1 (2) $25,000,000 shall be available only for costs

2 (as defined in section 502 of the Federal Credit Re3 form Act of 1990) of new loan guarantee commit4 ments under section 1111 of the Merchant Marine

5 Act, 1936, as added by section 1357.

6 (b) TRANSFER TO SECRETARY OF TRANSPOR7 TATION.—Subject to the provisions of appropriations Acts,

8 amounts made available under subsection (a) shall be

9 transferred to the Secretary of Transportation for use as

10 described in that subsection. Any such transfer shall be

11 made not later than 90 days after the date of the enact12 ment of an Act appropriating the funds to be transferred.

13 SEC. 1359. AUTHORIZATIONS OF APPROPRIATIONS.

14 (a) AUTHORIZATIONS FOR DEPARTMENT OF TRANS15 PORTATION.—There is authorized to be appropriated to

16 the Secretary of Transportation for fiscal year 1994 the

17 sum of $10,000,000 to pay administrative costs related

18 to new loan guarantee commitments described in sub19 section (a) of section 1358, of which—

20 (1) $8,000,000 shall be for administrative costs

21 related to new loan guarantee commitments de22 scribed in paragraph (1) of that subsection; and

23 (2) $2,000,000 shall be for administrative costs

24 related to new loan guarantee commitments de25 scribed in paragraph (2) of that subsection.
568

HR 2401 EH

1 (b) AVAILABILITY OF AMOUNTS.—Amounts appro2 priated under the authority of this section shall remain

3 available until expended.

4 SEC. 1360. RESTRICTION ON USE OF DEFENSE CONVERSION

5 FUNDS FOR THE SALE OR TRANSFER OF DE6 FENSE ARTICLES OR DEFENSE SERVICES.

7 (a) RESTRICTION.—Except as provided in subsection

8 (b), none of the funds appropriated pursuant to an author9 ization of appropriations in this Act and made available

10 for defense conversion programs may be used to finance

11 (whether directly or through the use of loan guarantees)

12 the sale or transfer to foreign countries or foreign entities

13 of any defense article or defense service, including defense

14 articles and defense services subject to section 38 of the

15 Arms Export Control Act (22 U.S.C. 2778).

16 (b) CIVILIAN-END USE.—The Secretary of Defense

17 may grant exemptions from the restriction of subsection

18 (a) with respect to sales or transfers of defense articles

19 or defense services for civilian end-use.

20 (c) DEFINITIONS.—For purposes of this section:

21 (1) The term ‘‘defense article’’ has the meaning

22 given that term in paragraph (3) of section 47 of the

23 Arms Export Control Act (22 U.S.C. 2794).

24 (2) The term ‘‘defense service’’ has the mean25 ing given that term in paragraph (4) of such section.
569

HR 2401 EH

1 TITLE XIV—NATIONAL COMMIS2 SION ON ROLES AND MIS3 SIONS OF THE ARMED

4 FORCES

5 SEC. 1401. SHORT TITLE.

6 This title may be cited as the ‘‘National Commission

7 on Roles and Missions of the Armed Forces Act’’.

8 SEC. 1402. FINDINGS.

9 Congress makes the following findings:

10 (1) The current allocation of roles and missions

11 among the Armed Forces evolved from the practice

12 during World War II to meet the Cold War threat

13 and may no longer be appropriate for the post-Cold

14 War era.

15 (2) Many analysts believe that a realignment of

16 those roles and mission is essential for the efficiency

17 and effectiveness of the Armed Forces, particularly

18 in light of lower budgetary resources that will be

19 available to the Department of Defense in the fu20 ture.

21 (3) The existing process of a triennial review of

22 roles and missions by the Chairman of the Joint

23 Chiefs of Staff pursuant to provisions of law enacted

24 by the Goldwater-Nichols Department of Defense
570

HR 2401 EH

1 Reauthorization Act of 1986 has not produced the

2 comprehensive review envisioned by Congress.

3 (4) It is difficult for any organization, and may

4 be particularly difficult for the Department of De5 fense, to reform itself without the benefit and au6 thority provided by external perspectives and analy7 sis.

8 SEC. 1403. ESTABLISHMENT OF COMMISSION.

9 (a) ESTABLISHMENT.—There is hereby established in

10 the executive branch of the Government a commission to

11 be known as the National Commission on Roles and Mis12 sions of the Armed Forces (hereinafter in this title re13 ferred to as the ‘‘Commission’’).

14 (b) COMPOSITION AND QUALIFICATIONS.—

15 (1) The Commission shall be composed of seven

16 members. Members of the Commission shall be ap17 pointed by the President.

18 (2) The Commission shall be appointed from

19 among private United States citizens with appro20 priate and diverse military, organizational, and man21 agement experiences and historical perspectives.

22 (3) The President shall designate one of the

23 members as chairman of the Commission.

24 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem25 bers shall be appointed for the life of the Commission. Any
571

HR 2401 EH

1 vacancy in the Commission shall not affect its powers, but

2 shall be filled in the same manner as the original appoint3 ment.

4 (d) INITIAL ORGANIZATIONAL REQUIREMENTS.—

5 (1) The President shall make all appointments

6 to the Commission within 45 days after the date of

7 the enactment of this Act.

8 (2) The Commission shall convene its first

9 meeting within 30 days after the first date on which

10 all members of the Commission have been appointed.

11 At that meeting, the Commission shall develop an

12 agenda and a schedule for carrying out its duties.

13 SEC. 1404. DUTIES OF COMMISSION.

14 (a) IN GENERAL.—Over the period of fiscal years

15 1994 through 1998, the Commission shall—

16 (1) review the efficacy and appropriateness for

17 the post-Cold War era of the current allocations

18 among the Armed Forces of roles, missions, and

19 functions;

20 (2) evaluate and report on alternative assign21 ments of those roles, missions and functions; and

22 (3) make recommendations for changes in the

23 current definition and distribution of those roles,

24 functions, and missions.
572

HR 2401 EH

1 (b) REVIEW OF POTENTIAL MILITARY OPER2 ATIONS.—The Commission shall review the types of mili3 tary operations that may be required in the post-Cold War

4 era, taking into account the requirements for success in

5 various types of operations. As part of such review, the

6 Commission shall take into consideration the official stra7 tegic planning of the Department of Defense. The types

8 of operations to be considered by the Commission as part

9 of such review shall include the following:

10 (1) Defense of the United States.

11 (2) Warfare against other national military

12 forces.

13 (3) Limited military action for political effect.

14 (4) Action against nuclear, chemical, and bio15 logical weapons capabilities in hostile hands.

16 (5) Support of law enforcement.

17 (6) Other types of operations as specified by

18 the chairman of the Commission.

19 (c) DEFINITION OF BROAD MISSION AREAS AND KEY

20 SUPPORT REQUIREMENTS.—As a result of the review

21 under subsection (b), the Commission shall define broad

22 mission areas and key support requirements for the Unit23 ed States military establishment as a whole.

24 (d) DEVELOPMENT OF CONCEPTUAL FRAMEWORK

25 FOR ORGANIZATIONAL ALLOCATIONS.—The Commission
573

HR 2401 EH

1 shall determine a conceptual framework for the review of

2 the organizational allocation among the Armed Forces of

3 military roles, missions, and functions. In developing that

4 framework, the Commission shall consider—

5 (1) static efficiency (such as duplicative over6 head and economies of scale);

7 (2) dynamic effectiveness (including the benefits

8 of competition and the effect on innovation);

9 (3) interoperability, responsiveness, and other

10 aspects of military effectiveness in the field;

11 (4) gaps in mission coverage and so-called or12 phan missions that are inadequately served by exist13 ing organizational entities;

14 (5) division of responsibility on the battlefield;

15 (6) exploitation of new technology and oper16 ational concepts;

17 (7) civilian control of the military;

18 (8) the degree of disruption that a change in

19 roles and missions would entail; and

20 (9) the experience of other nations.

21 The Commission shall evaluate the costs and benefits of

22 unifying the Armed Forces into a single military service

23 as a baseline for assessing the maximum benefits that may

24 be achieved from less sweeping reforms.
574

HR 2401 EH

1 (e) RECOMMENDATIONS CONCERNING MILITARY

2 ROLES AND MISSIONS.—Using the conceptual framework

3 developed under subsection (d) to evaluate possible

4 changes to the existing allocation among the Armed

5 Forces of military roles, missions, and functions, the Com6 mission shall recommend (1) the functions for which each

7 military department should organize, train, and equip

8 forces, (2) the missions of combatant commands, and (3)

9 the roles that Congress should assign to the various mili10 tary elements of the Department of Defense.

11 (f) RECOMMENDATIONS CONCERNING CIVILIAN ELE12 MENTS OF DEPARTMENT OF DEFENSE.—The Commission

13 may address the roles, missions, and functions of civilian

14 portions of the Department of Defense and other national

15 security agencies to the extent that changes in these areas

16 are collateral to changes considered in military roles, func17 tions, and mission.

18 (g) RECOMMENDATIONS CONCERNING PROCESS FOR

19 FUTURE CHANGES.—The Commission shall also rec20 ommend a process for maintaining roles, missions, and

21 functions in congruence with the strategic environment as

22 it changes in the future.

23 SEC. 1405. REPORTS.

24 (a) IMPLEMENTATION PLAN.—Not later than three

25 months after the date on which the Commission is estab-
575

HR 2401 EH

1 lished, the Commission shall transmit to the Committees

2 on Armed Services of the Senate and House of Represent3 atives a report setting forth a multiyear plan for the work

4 of the Commission, including the subjects to be addressed

5 in the program of the Commission for each year of its

6 existence. The plan shall be developed following discus7 sions with the Secretary of Defense, the Chairman of the

8 Joint Chiefs of Staff, and the chairmen of those commit9 tees.

10 (b) ANNUAL REPORT.—The Commission shall, not

11 later than March 1 of each year from 1995 through 1999,

12 submit to the committees named in subsection (a) a report

13 setting forth the activities of the Commission during the

14 preceding year and any recommendations for legislation

15 that the Commission considers advisable. The Commission

16 shall submit a preliminary version of each such annual re17 port to the Secretary of Defense and Chairman of the

18 Joint Chiefs of Staff not later than December 25 of the

19 preceding year, and the Secretary and Chairman shall

20 submit comments thereon to the Commission not later

21 than the following February 1.

22 (c) ASSESSMENT OF IMPLEMENTATION.—In each re23 port under subsection (b) after the first, the Commission

24 shall include its assessment of the performance of the De25 partment of Defense to that date in carrying out any rec-
576

HR 2401 EH

1 ommendations made by the Commission in any previous

2 reports under this section.

3 (d) COORDINATION WITH TRIENNIAL JCS ROLES

4 AND MISSIONS REPORT.—Any report of the Chairman of

5 the Joint Chiefs of Staff under section 153(b) of title 10,

6 United States Code, that is submitted to the Secretary of

7 Defense during the period of the existence of the Commis8 sion shall also be submitted to the Commission. In its next

9 report under subsection (b) after receiving any such report

10 of the Chairman of the Joint Chiefs of Staff, the Commis11 sion shall provide its assessment of the Chairman’s report.

12 SEC. 1406. POWERS.

13 (a) HEARINGS.—The Commission or, at its direction,

14 any panel or member of the Commission, may, for the pur15 pose of carrying out the provisions of this title, hold hear16 ings, sit and act at times and places, take testimony, re17 ceive evidence, and administer oaths to the extent that the

18 Commission or any panel or member considers advisable.

19 (b) INFORMATION.—The Commission may secure di20 rectly from the Department of Defense and any other Fed21 eral department or agency any information that the Com22 mission considers necessary to enable the Commission to

23 carry out its responsibilities under this subpart. Upon re24 quest of the chairman of the Commission, the head of such
577

HR 2401 EH

1 department or agency shall furnish such information expe2 ditiously to the Commission.

3 SEC. 1407. COMMISSION PROCEDURES.

4 (a) MEETINGS.—The Commission shall meet at the

5 call of the chairman.

6 (b) QUORUM.—

7 (1) Four members of the Commission shall con8 stitute a quorum, but a lesser number of members

9 may hold hearings.

10 (2) The Commission shall act by resolution

11 agreed to by a majority of the members of the Com12 mission.

13 (c) PANELS.—The Commission may establish panels

14 composed of less than the full membership of the Commis15 sion for the purpose of carrying out the Commission’s du16 ties. The actions of each such panel shall be subject to

17 the review and control of the Commission. Any findings

18 and determinations made by such a panel shall not be con19 sidered the findings and determinations of the Commis20 sion unless approved by the Commission.

21 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM22 MISSION.—Any member or agent of the Commission may,

23 if authorized by the Commission, take any action which

24 the Commission is authorized to take under this title.
578

HR 2401 EH

1 SEC. 1408. PERSONNEL MATTERS.

2 (a) PAY OF MEMBERS.—Each member of the Com3 mission shall be paid at a rate equal to the daily equivalent

4 of the annual rate of basic pay payable for level V of the

5 Executive Schedule under section 5316 of title 5, United

6 States Code, for each day (including travel time) during

7 which the member is engaged in the performance of the

8 duties of the Commission. All members of the Commission

9 who are officers or employees of the United States shall

10 serve without pay in addition to that received for their

11 services as officers or employees of the United States.

12 (b) TRAVEL EXPENSES.—The members of the Com13 mission shall be allowed travel expenses, including per

14 diem in lieu of subsistence, at rates authorized for employ15 ees of agencies under subchapter I of chapter 57 of title

16 5, United States Code, while away from their homes or

17 regular places of business in the performance of services

18 for the Commission.

19 (c) STAFF.—(1) The chairman of the Commission

20 may, without regard to the provisions of title 5, United

21 States Code, governing appointments in the competitive

22 service, appoint a staff director and such additional per23 sonnel as may be necessary to enable the Commission to

24 perform its duties. The appointment of a staff director

25 shall be subject to the approval of the Commission.
579

HR 2401 EH

1 (2) The chairman of the Commission may fix the pay

2 of the staff director and other personnel without regard

3 to the provisions of chapter 51 and subchapter III of chap4 ter 53 of title 5, United States Code, relating to classifica5 tion of positions and General Schedule pay rates, except

6 that the rate of pay fixed under this paragraph for the

7 staff director may not exceed the rate payable for level

8 V of the Executive Schedule under section 5316 of such

9 title and the rate of pay for other personnel may not ex10 ceed the maximum rate payable for grade GS–15 of the

11 General Schedule.

12 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

13 request of the chairman of the Commission, the head of

14 any Federal department or agency may detail, on a

15 nonreimbursable basis, any personnel of that department

16 or agency to the Commission to assist it in carrying out

17 its duties.

18 (e) PROCUREMENT OF TEMPORARY AND INTERMIT19 TENT SERVICES.—The chairman of the Commission may

20 procure temporary and intermittent services under section

21 3109(b) of title 5, United States Code, at rates for individ22 uals which do not exceed the daily equivalent of the annual

23 rate of basic pay payable for level V of the Executive

24 Schedule under section 5316 of such title.
580

HR 2401 EH

1 SEC. 1409. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

2 (a) POSTAL AND PRINTING SERVICES.—The Com3 mission may use the United States mails and obtain print4 ing and binding services in the same manner and under

5 the same conditions as other departments and agencies of

6 the Federal Government.

7 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP8 PORT SERVICES.—The Secretary of Defense shall furnish

9 the Commission, on a reimbursable basis, any administra10 tive and support services requested by the Commission.

11 (c) GIFTS.—The Commission may accept, use, and

12 dispose of gifts or donations of services or property.

13 (d) TRAVEL.—To the maximum extent practicable,

14 the members and employees of the Commission shall travel

15 on military aircraft, military ships, military vehicles, or

16 other military conveyances when travel is necessary in the

17 performance of a responsibility of the Commission, except

18 that no such aircraft, ship, vehicle, or other conveyance

19 may be scheduled primarily for the transportation of any

20 such member or employee when the cost of commercial

21 transportation 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

25 shall be paid out of funds available to the Department of

26 Defense for the payment of compensation, travel allow-
581

HR 2401 EH

1 ances, and per diem allowances, respectively, of civilian

2 employees of the Department of Defense. The other ex3 penses of the Commission shall be paid out of funds avail4 able to the Department of Defense for the payment of

5 similar expenses incurred by that Department.

6 SEC. 1411. TERMINATION OF THE COMMISSION.

7 The Commission shall terminate 90 days after the

8 date on which it submits its final report under section

9 1405.

10 TITLE XV—NATIONAL COMMIS11 SION ON ARMS CONTROL

12 SEC. 1501. SHORT TITLE.

13 This title may be cited as the ‘‘National Commission

14 on Arms Control Act’’.

15 SEC. 1502. FINDINGS.

16 Congress finds that—

17 (1) the global proliferation of strategic and con18 ventional military weapons and related equipment

19 and the technology necessary to produce such weap20 ons and equipment undermines regional security and

21 international stability;

22 (2) regional arms races involving such military

23 weapons and related equipment diverts vital re24 sources from economic development and increases

25 the risk of aggressive and preemptive war;
582

HR 2401 EH

1 (3) national self-restraint in the export of such

2 military weapons and related equipment requires

3 multilateral cooperation; and

4 (4) as a world leader, the United States has a

5 responsibility to help stop such global proliferation

6 and guide all countries toward a safer world.

7 SEC. 1503. ESTABLISHMENT.

8 There is established a commission to be known as the

9 ‘‘National Commission on Arms Control’’ (in this title re10 ferred to as the ‘‘Commission’’).

11 SEC. 1504. DUTIES.

12 (a) STUDY.—The Commission shall conduct a study

13 of the factors which contribute to the global proliferation

14 of strategic and conventional military weapons and related

15 equipment and the technology necessary to produce such

16 weapons and equipment.

17 (b) CONDUCT OF STUDY.—In carrying out the study

18 under subsection (a), the Commission shall—

19 (1) identify those factors contributing to global

20 weapons proliferation which can be most effectively

21 regulated;

22 (2) study the factors essential to promoting and

23 implementing a policy of redirecting and converting

24 existing foreign and domestic defense industries

25 from the production of strategic and conventional
583

HR 2401 EH

1 military weapons and related equipment to the pro2 duction and distribution of non-military goods and

3 services;

4 (3) examine the training program options re5 quired for defense industry personnel likely to be di6 rectly affected by any program aimed at conversion

7 of defense industries to civilian purposes;

8 (4) identify and assess policy approaches the

9 United States could utilize to discourage transfers of

10 strategic and conventional military weapons and re11 lated equipment and the technology necessary to

12 produce such weapons and equipment to developing

13 nations;

14 (5) assess the effectiveness of current multilat15 eral efforts to control transfers of such military

16 weapons and related equipment and the technology

17 necessary to produce such weapons and equipment

18 to developing nations; and

19 (6) identify and examine methods by which the

20 United States could independently discourage trans21 fers of such military weapons and related equipment

22 and the technology necessary to produce such weap23 ons and equipment to developing nations, including

24 placing conditions on assistance provided by the

25 United States to such developing nations.
584

HR 2401 EH

1 SEC. 1505. MEMBERSHIP.

2 (a) VOTING MEMBERS.—

3 (1) NUMBER AND APPOINTMENT.—The Com4 mission may be composed of 12 voting members, to

5 be appointed not later than 60 days after the date

6 of the enactment of this Act, as follows:

7 (A) 4 members appointed by the President.

8 (B) 2 members appointed by the majority

9 leader of the Senate.

10 (C) 2 members appointed by the minority

11 leader of the Senate.

12 (D) 2 members appointed by the Speaker

13 of the House of Representatives.

14 (E) 2 members appointed by the minority

15 leader of the House of Representatives.

16 (2) QUALIFICATIONS.—The voting members

17 shall be chosen from among individuals with exper18 tise in defense issues, defense conversion, worker

19 training, arms control, diplomacy or international af20 fairs, business, and international economics.

21 (b) NONVOTING MEMBERS.—The Commission may

22 appoint not more than 6 nonvoting members who shall be

23 chosen from among—

24 (1) individuals with expertise in defense conver25 sion and worker training; and
585

HR 2401 EH

1 (2) executives from the defense industry, finan2 cial institutions, and entities organized for the pur3 pose of conducting interdisciplinary research in polit4 ical, economic, and social issues.

5 (c) TERMS.—

6 (1) IN GENERAL.—Each member shall be ap7 pointed for the life of the Commission.

8 (2) VACANCIES.—A vacancy in the Commission

9 shall be filled in the manner in which the original

10 appointment was made.

11 (d) BASIC PAY.—

12 (1) RATES OF PAY.—Except as provided in

13 paragraph (2), each member may be paid at a rate

14 not to exceed the daily equivalent of the annual rate

15 of basic pay payable for grade GS–17 of the General

16 Schedule under section 5332 of title 5, United

17 States Code, for each day during which such mem18 ber is engaged in the actual performance of duties

19 of the Commission.

20 (2) PROHIBITION OF COMPENSATION OF FED21 ERAL EMPLOYEES.—Except as provided in sub22 section (e), members of the Commission who are

23 full-time officers or employees of the United States

24 may not receive additional pay, allowances, or bene25 fits, by reason of their service on the Commission.
586

HR 2401 EH

1 (e) TRAVEL EXPENSES.—Each member may receive

2 travel expenses, including per diem in lieu of subsistence,

3 in accordance with sections 5702 and 5703 of title 5,

4 United States Code.

5 (f) QUORUM.—A majority of the voting members of

6 the Commission shall constitute a quorum, but a lesser

7 number may hold hearings.

8 (g) CHAIRPERSON.—The Chairperson of the Commis9 sion shall be elected by a majority of the voting members.

10 (h) MEETINGS.—The Commission shall meet at the

11 call of the Chairperson.

12 SEC. 1506. DIRECTOR AND STAFF; EXPERTS AND CONSULT13 ANTS.

14 (a) DIRECTOR.—The Commission may have a Direc15 tor, who shall be appointed by the Chairperson. The Direc16 tor may be paid at a rate not to exceed the maximum

17 rate of basic pay payable for GS–16 of the General Sched18 ule under section 5332 of title 5, United States Code.

19 (b) STAFF.—Subject to rules prescribed by the Com20 mission, the Chairperson may appoint and fix the pay of

21 additional personnel as the Chairperson considers appro22 priate.

23 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

24 LAWS.—The Director and staff of the Commission may

25 be appointed without regard to the provisions of title 5,
587

HR 2401 EH

1 United States Code, governing appointments in the com2 petitive service, and may be paid without regard to the

3 provisions of chapter 51 and subchapter III of chapter 53

4 of that title relating to classification and General Schedule

5 pay rates, except that an individual so appointed may not

6 receive pay in excess of the annual rate of basic pay pay7 able for GS–16 of the General Schedule.

8 (d) EXPERTS AND CONSULTANTS.—The Commission

9 may procure temporary and intermittent services under

10 section 3109(b) of title 5, United States Code, at rates

11 for individuals not to exceed the maximum annual rate

12 of basic pay payable for GS–17 of the General Schedule.

13 (e) STAFF OF FEDERAL AGENCIES.—Upon request

14 of the Commission, the head of any Federal agency may

15 detail, on a reimbursable basis, any of the personnel of

16 the agency to the Commission to assist the Commission

17 in carrying out its duties under section 1504.

18 SEC. 1507. POWERS.

19 (a) HEARINGS AND SESSIONS.—The Commission

20 may, for the purpose of carrying out section 1504, hold

21 hearings, sit and act at times and places, take testimony,

22 and receive evidence as the Commission considers appro23 priate. The Commission may administer oaths or affirma24 tions to witnesses appearing before it.
588

HR 2401 EH

1 (b) POWERS OF MEMBERS AND AGENTS.—Any mem2 ber or agent of the Commission may, if authorized by the

3 Commission, take any action which the Commission is au4 thorized to take by this section.

5 (c) OBTAINING OFFICIAL DATA.—The Commission

6 may secure directly from any Federal agency any informa7 tion necessary to enable the Commission to carry out sec8 tion 1504. Upon request of the Chairperson of the Com9 mission, the head of the agency shall furnish such infor10 mation to the Commission to the extent such information

11 is not prohibited from disclosure by law.

12 (d) MAILS.—The Commission may use the United

13 States mails in the same manner and under the same con14 ditions as other Federal agencies.

15 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

16 the request of the Commission, the Administrator of Gen17 eral Services shall provide to the Commission, on a reim18 bursable basis, the administrative support services nec19 essary for the Commission to carry out its responsibilities

20 under this Act.

21 (f) CONTRACT AUTHORITY.—The Commission may

22 contract with and compensate government and private

23 agencies or persons for the purpose of conducting research

24 or surveys necessary to enable the Commission to carry

25 out its duties under section 1504, and for other services.
589

HR 2401 EH

1 SEC. 1508. REPORT.

2 Not later than 18 months after the date on which

3 the initial members of the Commission have been ap4 pointed under section 1505(a), the Commission shall sub5 mit a report to the President and the Congress which shall

6 contain—

7 (1) a detailed statement of the findings and

8 conclusions of the study conducted under section

9 1504; and

10 (2) recommendations to support and undertake

11 both unilateral and multilateral initiatives to—

12 (A) stop the global proliferation of strate13 gic and conventional military weapons and re14 lated equipment and the technology necessary

15 to produce such weapons and equipment; and

16 (B) promote and implement the conversion

17 of existing foreign and domestic defense indus18 tries from the production of strategic and con19 ventional military weapons and related equip20 ment to the production of non-military goods

21 and services.

22 SEC. 1509. TERMINATION.

23 The Commission shall terminate 30 days after sub24 mitting its report pursuant to section 1508.
590

HR 2401 EH

1 SEC. 1510. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated for fiscal years

3 1993 and 1994 such sums as may be necessary to carry

4 out this title.

5 DIVISION B—MILITARY CON6 STRUCTION AUTHORIZA7 TIONS

8 SEC. 2001. SHORT TITLE.

9 This division may be cited as the ‘‘Military Construc10 tion Authorization Act for Fiscal Year 1994’’.

11 TITLE XXI—ARMY

12 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

13 ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts

15 appropriated pursuant to the authorization of appropria16 tions in section 2104(a)(1), the Secretary of the Army

17 may acquire real property and carry out military construc18 tion projects for the installations and locations inside the

19 United States, and in the amounts, set forth in the follow20 ing table:

Army: Inside the United States

State Installation or location Amount

Alabama .................. Fort Rucker ................................. $42,650,000

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
591

HR 2401 EH

Army: Inside the United States—Continued

State Installation or location Amount

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

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:
592

HR 2401 EH

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

1 SEC. 2102. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(6)(A), the Secretary of the

5 Army 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:

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

8 (b) PLANNING AND DESIGN.—Using amounts appro9 priated pursuant to the authorization of appropriations in

10 section 2104(a)(6)(A), the Secretary of the Army may

11 carry out architectural and engineering services and con12 struction design activities with respect to the construction
593

HR 2401 EH

1 or improvement of family housing units in an amount not

2 to exceed $11,805,000.

3 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States

6 Code, and using amounts appropriated pursuant to the

7 authorization of appropriations in section 2104(a)(6)(A),

8 the Secretary of the Army may improve existing military

9 family housing in an amount not to exceed $69,630,000.

10 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

11 (a) IN GENERAL.—Funds are hereby authorized to

12 be appropriated for fiscal years beginning after September

13 30, 1993, for military construction, land acquisition, and

14 military family housing functions of the Department of the

15 Army in the total amount of $2,402,338,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2101(a),

18 $615,403,000.

19 (2) For military construction projects outside

20 the United States authorized by section 2101(b),

21 $26,500,000.

22 (3) For the construction of the Ammunition

23 Demilitarization Facility, Anniston Army Depot,

24 Alabama, authorized in section 2101(a) of the Mili25 tary Construction Authorization Act for Fiscal Year
594

HR 2401 EH

1 1991 (division B of Public Law 101–510; 104 Stat.

2 1758), section 2101(a) of the Military Construction

3 Authorization Act for Fiscal Year 1992 (division B

4 of Public Law 102–190; 105 Stat. 1508), and sec5 tion 2101(a) of the Military Construction Authoriza6 tion Act for Fiscal Year 1993 (division B of Public

7 Law 102–484; 106 Stat. 2586), $110,900,000.

8 (4) For unspecified minor military construction

9 projects authorized by section 2805 of title 10, Unit10 ed States Code, $12,000,000.

11 (5) For architectural and engineering services

12 and construction design under section 2807 of title

13 10, United States Code, $115,161,000.

14 (6) For military family housing functions:

15 (A) For construction and acquisition of

16 military family housing and facilities,

17 $220,885,000.

18 (B) For support of military family housing

19 (including the functions described in section

20 2833 of title 10, United States Code),

21 $1,150,089,000 of which not more than

22 $268,139,000 may be obligated or expended for

23 the leasing of military family housing world24 wide.
595

HR 2401 EH

1 (7) For the Homeowners Assistance Program

2 as authorized by section 2832 of title 10, United

3 States Code, $151,400,000, to remain available until

4 expended.

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 2101 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. 2105. CONSTRUCTION OF CHEMICAL MUNITIONS DIS13 POSAL FACILITIES.

14 (a) LIMITATION ON CONSTRUCTION.—None of the

15 amounts appropriated pursuant to the authorization of ap16 propriations in section 2104(a) may be obligated for the

17 construction of a new chemical munitions disposal facility

18 at Anniston Army Depot, Alabama, until the Secretary of

19 Defense submits a certification described in subsection

20 (b).

21 (b) CERTIFICATION.—A certification referred to in

22 subsection (a) is a certification submitted by the Secretary

23 of Defense to Congress that—

24 (1) the Johnston Atoll Chemical Agent Disposal

25 System has been fully operational for a period of six
596

HR 2401 EH

1 consecutive months, has met all required environ2 mental and safety standards, and has proven to be

3 operationally effective; and

4 (2) if the Secretary of the Army awards a con5 struction contract for the chemical munitions dis6 posal facility at Anniston Army Depot, Alabama, the

7 Secretary of the Army will schedule the award of a

8 construction contract for a chemical munitions dis9 posal facility at another non-low-volume chemical

10 weapons storage site in the continental United

11 States during the same 12-month period in which

12 the construction contract for the facility at the An13 niston Army Depot is awarded.

14 TITLE XXII—NAVY

15 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 (a) INSIDE THE UNITED STATES.—Using amounts

18 appropriated pursuant to the authorization of appropria19 tions in section 2204(a)(1), the Secretary of the Navy may

20 acquire real property and carry out military construction

21 projects for the installations and locations inside the Unit22 ed States, and in the amounts, set forth in the following

23 table:

Navy: Inside the United States

State Installation or location Amount

California ............... Alameda Naval Air Station .......... $4,700,000
597

HR 2401 EH

Navy: Inside the United States—Continued

State Installation or location Amount

Barstow Marine Corps Logistics

Base ............................................ $8,690,000

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
598

HR 2401 EH

Navy: Inside the United States—Continued

State Installation or location Amount

Philadelphia NISMF .................... $8,660,000

Philadelphia Naval Shipyard ....... $13,500,000

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

6 United States, and in the amounts, set forth in the follow7 ing 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
599

HR 2401 EH

Navy: Outside the United States—Continued

Country Installation or location Amount

Naval Magazine ............................ $3,750,000

Naval Ocean Communication Center ............................................... $690,000

Naval Station ............................... $14,520,000

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
600

HR 2401 EH

Navy: Family Housing—Continued

State Installation Purpose Amount

Washington ...... Bangor

NAVSUBASE .. 290 units .......... $27,438,000

United Kingdom London

NAVACTS ....... 81 units ............ $15,470,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(A), the Secretary of the Navy may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $22,924,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2204(a)(5)(A),

13 the Secretary of the Navy may improve existing military

14 family housing units in the amount of $190,696,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (a) IN GENERAL.—Funds are hereby authorized to

17 be appropriated for fiscal years beginning after September

18 30, 1993, for military construction, land acquisition, and

19 military family housing functions of the Department of the

20 Navy in the total amount of $1,978,167,000 as follows:
601

HR 2401 EH

1 (1) For military construction projects inside the

2 United States authorized by section 2201(a),

3 $550,320,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2201(b),

6 $105,950,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $5,500,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $78,573,000.

13 (5) For military family housing functions:

14 (A) For construction and acquisition of

15 military family housing and facilities,

16 $367,769,000.

17 (B) For support of military housing (in18 cluding functions described in section 2833 of

19 title 10, United States Code), $860,055,000, of

20 which not more than $113,308,000 may be obli21 gated or expended for the leasing of military

22 family housing units worldwide.

23 (6) For the construction of the large anachoic

24 chamber facility at the Patuxent River Naval War25 fare Center, Aircraft Division, Maryland, authorized
602

HR 2401 EH

1 by section 2201(a) of the Military Construction Au2 thorization Act for Fiscal Year 1993 (Public Law

3 102–484, 106 Stat. 2590), $10,000,000.

4 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and

7 any other cost variation authorized by law, the total cost

8 of all projects carried out under section 2201 of this Act

9 may not exceed the total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection (a).

11 TITLE XXIII—AIR FORCE

12 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

13 LAND ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts

15 appropriated pursuant to the authorization of appropria16 tions in section 2304(a)(1), the Secretary of the Air Force

17 may acquire real property and carry out military construc18 tion projects for the installations and locations inside the

19 United States, and in the amounts, set forth in the follow20 ing 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
603

HR 2401 EH

Air Force: Inside the United States—Continued

State Installation or location Amount

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

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
604

HR 2401 EH

Air Force: Inside the United States—Continued

State Installation or location Amount

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

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 out6 side the United States, and in the amounts, set forth in

7 the following 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
605

HR 2401 EH

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(7)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) at the installations, for the

7 purposes, and in the amounts set forth in the following

8 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
606

HR 2401 EH

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(7)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $11,901,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(7)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $61,181,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September

20 30, 1993, for military construction, land acquisition, and

21 military family housing functions of the Department of the

22 Air Force in the total amount of $2,031,428,000 as fol23 lows:
607

HR 2401 EH

1 (1) For military construction projects inside the

2 United States authorized by section 2301(a),

3 $794,492,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2301(b),

6 $33,852,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $11,844,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $63,882,000.

13 (5) For advances to the Secretary of Transpor14 tation for construction of Defense Access Roads

15 under section 210 of title 23, United States Code,

16 $7,150,000.

17 (6) For the balance of the amount authorized

18 under section 2301(a) of the Military Construction

19 Authorization Act for Fiscal Year 1993 (division B

20 of Public Law 102–484; 106 Stat. 2594) for the

21 construction of the climatic test chamber at Eglin

22 Air Force Base, Florida, $57,000,000.

23 (7) For military family housing functions:
608

HR 2401 EH

1 (A) For construction and acquisition of

2 military family housing and facilities,

3 $183,346,000.

4 (B) For support of military housing (in5 cluding functions described in section 2833 of

6 title 10, United States Code), $869,862,000 of

7 which not more than $118,266,000 may be obli8 gated or expended for leasing of military family

9 housing units worldwide.

10 (8) For phase II of the relocation and construc11 tion of up to 1,068 family housing units at Scott Air

12 Force Base, Illinois, authorized by section 2302(a)

13 of the Military Construction Authorization Act for

14 Fiscal Year 1993 (Public Law 102–484, 106 Stat.

15 2590), $10,000,000.

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and

19 any other cost variation authorized by law, the total cost

20 of all projects carried out under section 2301 of this Act

21 may not exceed the total amount authorized to be appro22 priated under paragraphs (1) and (2) of subsection (a).
609

HR 2401 EH

1 SEC. 2305. RELOCATION OF AIR FORCE ACTIVITIES FROM

2 SIERRA ARMY DEPOT, CALIFORNIA, TO

3 BEALE AIR FORCE BASE, CALIFORNIA.

4 (a) STUDENT DORMITORY.—Section 2301(a) of the

5 National Defense Authorization Act for Fiscal Year 1991

6 (division B of Public Law 101–510; 104 Stat. 1769) is

7 amended in the matter under the heading ‘‘CALIFOR8 NIA’’—

9 (1) by striking out ‘‘Sierra Army Depot,

10 $3,650,000.’’; and

11 (2) by striking out ‘‘Beale Air Force Base,

12 $6,300,000.’’ and inserting in lieu thereof the follow13 ing: ‘‘Beale Air Force Base, $9,950,000.’’.

14 (b) MUNITION MAINTENANCE FACILITY.—Section

15 2301(a) of the Military Construction Authorization Act

16 for Fiscal Year 1992 (division B of Public Law 102–190;

17 105 Stat. 1521) is amended in the matter under the head18 ing ‘‘CALIFORNIA’’—

19 (1) by striking out ‘‘Sierra Army Depot,

20 $2,700,000.’’; and

21 (2) by striking out ‘‘Beale Air Force Base,

22 $2,250,000.’’ and inserting in lieu thereof the follow23 ing: ‘‘Beale Air Force Base, $4,950,000.’’.
610

HR 2401 EH

1 SEC. 2306. COMBAT ARMS TRAINING AND MAINTENANCE

2 FACILITY RELOCATION FROM WHEELER AIR

3 FORCE BASE, HAWAII, TO UNITED STATES

4 ARMY SCHOFIELD BARRACKS OPEN RANGE,

5 HAWAII.

6 Section 2301(a) of the Military Construction Author7 ization Act for Fiscal Year 1991 (division B of Public Law

8 101–510; 104 Stat. 1770) is amended in the matter under

9 the heading ‘‘HAWAII’’—

10 (1) by striking out ‘‘Wheeler Air Force Base,

11 $3,500,000.’’ and inserting in lieu thereof the follow12 ing: ‘‘Wheeler Air Force Base, $2,100,000.’’; and

13 (2) by inserting after the item relating to

14 Hickam Air Force Base the following new item:

15 ‘‘United States Army Schofield Barracks Open

16 Range, $1,400,000.’’.

17 SEC. 2307. AUTHORITY TO TRANSFER FUNDS AS PART OF

18 THE IMPROVEMENT OF DYSART CHANNEL,

19 LUKE AIR FORCE BASE, ARIZONA.

20 (a) TRANSFER AUTHORITY.—Subject to subsections

21 (b) and (c), the Secretary of the Air Force may transfer

22 to Maricopa County, Arizona (in this section referred to

23 as the ‘‘County’’), funds appropriated for fiscal years be24 ginning after September 30, 1993, for a project, author25 ized in section 2301(a) of this Act, to widen and make
611

HR 2401 EH

1 other improvements to the Dysart Channel that are need2 ed to prevent flooding of Luke Air Force Base, Arizona.

3 (b) USE OF FUNDS.—All funds transferred pursuant

4 to subsection (a) shall be used by the County only for the

5 purpose of conducting the project described in such sub6 section.

7 (c) CONDITIONS ON TRANSFER.—Funds may not be

8 transferred pursuant to subsection (a) until after the date

9 on which the Secretary and the County enter into an

10 agreement that addresses cost sharing for the widening

11 and other improvements to be made to the Dysart Channel

12 and such other matters associated with the project as the

13 Secretary considers to be appropriate.

14 (d) LIMITATION ON AIR FORCE COST SHARE.—The

15 Air Force share of the costs of the project described in

16 subsection (a) may not exceed the lesser of—

17 (1) 50 percent of the total project cost; or

18 (2) $6,000,000.

19 (e) ACQUISITION OF REAL PROPERTY.—Any acquisi20 tion of real property for the project described in subsection

21 (a) by the County on behalf of the Air Force shall require

22 the approval of the Secretary of the Air Force. Upon com23 pletion of the project, all right, title, and interest in real

24 property contiguous to the existing right-of-way so ac25 quired shall be transferred to the United States.
612

HR 2401 EH

1 SEC. 2308. AUTHORITY TO TRANSFER FUNDS FOR SCHOOL

2 CONSTRUCTION FOR LACKLAND AIR FORCE

3 BASE, TEXAS.

4 (a) TRANSFER AUTHORITY.—Subject to subsection

5 (b), the Secretary of the Air Force may transfer to the

6 Lackland Independent School District, Texas, not more

7 than $8,000,000 of the funds appropriated by the Military

8 Construction Appropriations Act, 1993 (Public Law 102–

9 380; 106 Stat. 1366), pursuant to the authorization of

10 appropriations in section 2304(a)(1) of the Military Con11 struction Authorization Act for Fiscal Year 1993 (division

12 B of Public Law 102–484; 106 Stat. 2596) for military

13 construction relating to Lackland Air Force Base, Texas,

14 as authorized in section 2301(a) of such Act.

15 (b) USE OF FUNDS.—All funds transferred pursuant

16 to subsection (a) shall be used by the Lackland Independ17 ent School District to pay for the design and construction

18 of a new high school, the renovation of an elementary

19 school, and the design and construction of a new kinder20 garten and special education facility.

21 SEC. 2309. AUTHORITY TO TRANSFER FUNDS AS PART OF

22 THE REPLACEMENT FAMILY HOUSING

23 PROJECT AT SCOTT AIR FORCE BASE, ILLI24 NOIS.

25 (a) TRANSFER AUTHORITY.—Subject to subsection

26 (b), the Secretary of the Air Force may transfer to the
613

HR 2401 EH

1 County of St. Clair, Illinois (in this section referred to as

2 the ‘‘County’’), funds appropriated for the construction of

3 1,068 units of military family housing at Scott Air Force

4 Base, Illinois, as authorized in section 2302(a) of the Mili5 tary Construction Authorization Act for Fiscal Year 1993

6 (division B of Public Law 102–484; 106 Stat. 2595).

7 (b) USE OF FUNDS.—All funds transferred pursuant

8 to subsection (a) shall be used by the County to pay for

9 the construction of a replacement family housing complex

10 for Scott Air Force Base at a location acceptable to the

11 Secretary of the Air Force.

12 TITLE XXIV—DEFENSE

13 AGENCIES

14 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC15 TION AND LAND ACQUISITION PROJECTS.

16 (a) INSIDE THE UNITED STATES.—Using amounts

17 appropriated pursuant to the authorization of appropria18 tions in section 2403(a)(1), the Secretary of Defense may

19 acquire real property and carry out military construction

20 projects for the installations and locations inside the Unit21 ed States, and in the amounts, set forth in the following

22 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
614

HR 2401 EH

Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

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

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 appropria-
615

HR 2401 EH

1 tions in section 2403(a)(2), the Secretary of Defense may

2 acquire real property and carry out military construction

3 projects for the installations and locations outside the

4 United States, and in the amounts, set forth in the follow5 ing 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

6 SEC. 2402. ENERGY CONSERVATION PROJECTS.

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2403(a)(12), the Sec9 retary of Defense may carry out energy conservation

10 projects under section 2865 of title 10, United States

11 Code.

12 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE13 FENSE AGENCIES.

14 (a) IN GENERAL.—Funds are hereby authorized to

15 be appropriated for fiscal years beginning after September

16 30, 1993, for military construction, land acquisition, and

17 military family housing functions of the Department of

18 Defense (other than the military departments), in the total

19 amount of $4,198,684,000 as follows:
616

HR 2401 EH

1 (1) For military construction projects inside the

2 United States authorized by section 2401(a),

3 $271,057,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2401(b),

6 $15,358,000.

7 (3) For military construction projects at Fort

8 Sam Houston, Texas, hospital replacement, author9 ized by section 2401(a) of the Military Construction

10 Authorization Act, 1987 (division B of Public Law

11 99–661; 100 Stat. 4035), $75,000,000.

12 (4) For military construction projects at Ports13 mouth Naval Hospital, Virginia, authorized by sec14 tion 2401(a) of the Military Construction Authoriza15 tion Act for Fiscal Years 1990 and 1991 (division

16 B of Public Law 101–189; 103 Stat. 1640),

17 $20,000,000.

18 (5) For military construction projects at Walter

19 Reed Institute of Research, Maryland, authorized by

20 section 2401(a) of the Military Construction Author21 ization Act for Fiscal Year 1993 (division B of Pub22 lic Law 102–484; 106 Stat. 2599), $48,140,000.

23 (6) For military construction projects at El24 mendorf Air Force Base, Alaska, hospital replace25 ment, authorized by section 2401(a) of the Military
617

HR 2401 EH

1 Construction Authorization Act for Fiscal Year 1993

2 (division B of Public Law 102–484; 106 Stat.

3 2599), $37,000,000.

4 (7) For military construction projects at Fort

5 Bragg, North Carolina, hospital replacement, au6 thorized by section 2401(a) of the Military Construc7 tion Authorization Act for Fiscal Year 1993 (divi8 sion B of Public Law 102–484; 106 Stat. 2599),

9 $35,000,000.

10 (8) For military construction projects at

11 Millington Naval Air Station, Tennessee, authorized

12 by section 2401(a) of the Military Construction Au13 thorization Act for Fiscal Year 1993 (division B of

14 Public Law 102–484; 106 Stat. 2599), $5,000,000.

15 (9) For unspecified minor construction projects

16 authorized by section 2805 of title 10, United States

17 Code, $21,658,000.

18 (10) For contingency construction projects of

19 the Secretary of Defense under section 2804 of title

20 10, United States Code, $12,200,000.

21 (11) For architectural and engineering services

22 and for construction design under section 2807 of

23 title 10, United States Code, $42,405,000.

24 (12) For energy conservation projects author25 ized by section 2402, $60,000,000.
618

HR 2401 EH

1 (13) For base closure and realignment activities

2 as authorized by title II of the Defense Authoriza3 tion Amendments and Base Closure and Realign4 ment Act (Public Law 100–526; 10 U.S.C. 2687

5 note), $127,870,000.

6 (14) For base closure and realignment activities

7 as authorized by the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of

9 Public Law 101–510; 10 U.S.C. 2687 note):

10 (A) For military installations selected for

11 closure or realignment in 1991,

12 $2,200,500,000.

13 (B) For military installations selected for

14 closure or realignment in 1993,

15 $1,306,000,000.

16 (15) For military family housing functions (in17 cluding functions described in section 2833 of title

18 10, United States Code), $27,496,000, of which not

19 more than $22,882,000 may be obligated or ex20 pended for the leasing of military family housing

21 units worldwide.

22 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variations authorized by law, the total cost
619

HR 2401 EH

1 of all projects carried out under section 2401 of this Act

2 may not exceed the total amount authorized to be appro3 priated under paragraphs (1) and (2) of subsection (a)

4 and subsection (b).

5 TITLE XXV—NORTH ATLANTIC

6 TREATY ORGANIZATION IN7 FRASTRUCTURE

8 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 The Secretary of Defense may make contributions for

11 the North Atlantic Treaty Organization Infrastructure

12 Program as provided in section 2806 of title 10, United

13 States Code, in an amount not to exceed the sum of the

14 amount authorized to be appropriated for this purpose in

15 section 2502 and the amount collected from the North At16 lantic Treaty Organization as a result of construction pre17 viously financed by the United States.

18 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

19 Funds are hereby authorized to be appropriated for

20 fiscal years beginning after September 30, 1993, for con21 tributions by the Secretary of Defense under section 2806

22 of title 10, United States Code, for the share of the United

23 States of the cost of projects for the North Atlantic Treaty

24 Organization Infrastructure Program as authorized by

25 section 2501, in the amount of $240,000,000.
620

HR 2401 EH

1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated for fiscal years begin7 ning after September 30, 1993, for the costs of acquisi8 tion, architectural and engineering services, and construc9 tion of facilities for the Guard and Reserve Forces, and

10 for contributions therefor, under chapter 133 of title 10,

11 United States Code (including the cost of acquisition of

12 land for those facilities), the following amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $229,023,000; and

16 (B) for the Army Reserve, $88,433,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $20,591,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $218,114,000; and

22 (B) for the Air Force Reserve,

23 $84,004,000.

24 (b) INCREASE IN ARMY NATIONAL GUARD AUTHOR25 IZATION.—The amount provided in subsection (a)(1)(A)
621

HR 2401 EH

1 for the Army National Guard of the United States is here2 by increased by $4,867,000.

3 (c) OFFSETTING REDUCTION.—The amount provided

4 in section 2104(a) for military construction, land acquisi5 tion, and military family housing functions of the Depart6 ment of the Army, and the amount provided in paragraph

7 (3) of such section for construction of the Chemical De8 militarization Facility, Anniston Army Depot, Alabama,

9 are each hereby reduced by $4,867,000.

10 SEC. 2602. TERMINATION OF AUTHORITY TO CARRY OUT

11 LAND ACQUISITION FOR ARMY NATIONAL

12 GUARD TRAINING AREA IN MUSKINGUM

13 COUNTY, OHIO.

14 (a) REDUCTION IN FISCAL YEAR 1991 AUTHORIZA15 TION.—Section 2601(1)(A) of the National Defense Au16 thorization Act for Fiscal Year 1991 (Public Law 101–

17 510; 104 Stat. 1781), as amended by section 2602(a)(1)

18 of the National Defense Authorization Act for Fiscal

19 Years 1992 and 1993 (Public Law 102–190; 105 Stat.

20 1535), is further amended by striking out

21 ‘‘$314,887,000’’ and inserting in lieu thereof

22 ‘‘$309,217,000’’.

23 (b) PURPOSE OF REDUCTION.—The amount of the

24 reduction in the amount authorized to be appropriated for

25 the Army National Guard of the United States under sec-
622

HR 2401 EH

1 tion 2601(1)(A) of the National Defense Authorization

2 Act for Fiscal Year 1991 corresponds to the amount au3 thorized to be appropriated by such section for land acqui4 sition to establish an Army National Guard Training Area

5 in Muskingum County, Ohio, and the authority of the Sec6 retary of Defense or the Secretary of the Army to carry

7 out such land acquisition is hereby terminated.

8 TITLE XXVII—EXPIRATION AND

9 EXTENSION OF AUTHORIZA10 TIONS

11 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

12 AMOUNTS REQUIRED TO BE SPECIFIED BY

13 LAW.

14 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

15 YEARS.—Except as provided in subsection (b), all author16 izations contained in titles XXI through XXVI for military

17 construction projects, land acquisition, family housing

18 projects and facilities, and contributions to the North At19 lantic Treaty Organization Infrastructure program (and

20 authorizations of appropriations therefor) shall expire on

21 the later of—

22 (1) October 1, 1996; or

23 (2) the date of the enactment of an Act author24 izing funds for military construction for fiscal year

25 1997.
623

HR 2401 EH

1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 authorizations for military construction projects, land ac3 quisition, family housing projects and facilities, and con4 tributions to the North Atlantic Treaty Organization In5 frastructure program (and authorizations of appropria6 tions therefor), for which appropriated funds have been

7 obligated before the later of—

8 (1) October 1, 1996; or

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 1997 for military con11 struction projects, land acquisition, family housing

12 projects and facilities, or contributions to the North

13 Atlantic Treaty Organization Infrastructure pro14 gram.

15 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

16 FISCAL YEAR 1991 PROJECTS.

17 (a) EXTENSIONS.—Notwithstanding section 2701(b)

18 of the Military Construction Authorization Act for Fiscal

19 Year 1991 (division B of Public Law 101–510, 104 Stat.

20 1758), authorizations for the projects set forth in the ta21 bles in subsection (b), as provided in section 2101, 2301,

22 or 2401 of that Act and extended by section 2702(a) of

23 the Military Construction Authorization Act for Fiscal

24 Year 1992 (division B of Public Law 102–190; 105 Stat.

25 1535), shall remain in effect until October 1, 1994, or the
624

HR 2401 EH

1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 1995, whichever is later.

3 (b) TABLES.—The tables referred to in subsection (a)

4 are as follows:

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

Base ....................

Child 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
625

HR 2401 EH

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

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1990 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701(b)

4 of 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

7 in the table in subsection (b), as provided in section 2301

8 of that Act (103 Stat. 1631) and extended by section

9 2702(b) of the Military Construction Authorization Act

10 for Fiscal Year 1992 (division B of Public Law 102–190;

11 105 Stat. 1535) and section 2702 of the Military Con12 struction Authorization Act for Fiscal Year 1993 (division

13 B of Public Law 102–484; 106 Stat. 2604), shall remain

14 in effect until October 1, 1994, or the date of the enact15 ment of an Act authorizing funds for military construction

16 for fiscal year 1995, whichever is later.

17 (b) TABLE.—The table referred to in subsection (a)

18 is as follows:

Air Force: Extension of 1990 Project Authorizations

State Installation Project Amount

Colorado .......... Lowry Air Force

Base ....................

Computer operations facility .. $15,500,000
626

HR 2401 EH

Air Force: Extension of 1990 Project Authorizations—

Continued

State Installation Project Amount

Logistics support

facility ............ $3,500,000

1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

3 shall take effect on the later of—

4 (1) October 1, 1993; and

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing Changes

11 SEC. 2801. INCREASE IN THE MAXIMUM AMOUNT AUTHOR12 IZED TO BE OBLIGATED FOR EMERGENCY

13 CONSTRUCTION IN A FISCAL YEAR.

14 Section 2803(c)(1) of title 10, United States Code,

15 is amended by striking out ‘‘$30,000,000’’ and inserting

16 in lieu thereof ‘‘$50,000,000’’.

17 SEC. 2802. MILITARY FAMILY HOUSING LEASING PRO18 GRAMS.

19 (a) LEASES IN UNITED STATES, PUERTO RICO, OR

20 GUAM.—Subsection (b) of section 2828 of title 10, United
627

HR 2401 EH

1 States Code, is amended by adding at the end the follow2 ing new paragraph:

3 ‘‘(4) The maximum rental amount under paragraphs

4 (2) and (3) shall be adjusted annually at the beginning

5 of each fiscal year by an amount which corresponds to the

6 change in the Consumer Price Index for all Urban Con7 sumers, published by the Bureau of Labor Statistics of

8 the Department of Labor, for the previous one-year period

9 ending on September 30.’’.

10 (b) LEASES IN FOREIGN COUNTRIES.—Subsection

11 (e) of such section is amended—

12 (1) in the first sentence of paragraph (1), by

13 striking out ‘‘as adjusted for foreign currency fluc14 tuation from October 1, 1987.’’ and inserting in lieu

15 thereof ‘‘, except that 300 units may be leased for

16 not more than $25,000 per unit per year.’’; and

17 (2) by adding at the end the following new

18 paragraph:

19 ‘‘(3) The dollar limitations contained in paragraph

20 (1) shall be adjusted—

21 ‘‘(A) for foreign currency fluctuation from Oc22 tober 1, 1987; and

23 ‘‘(B) annually at the beginning of each fiscal

24 year by an amount which corresponds to the change

25 in the Consumer Price Index for all Urban Consum-
628

HR 2401 EH

1 ers, published by the Bureau of Labor Statistics for

2 the Department of Labor, for the previous one-year

3 period ending on September 30.’’.

4 SEC. 2803. SALE OF ELECTRICITY FROM ALTERNATE EN5 ERGY AND COGENERATION PRODUCTION FA6 CILITIES.

7 Section 2483 of title 10, United States Code, is

8 amended—

9 (1) in subsection (b), by inserting before the pe10 riod the following: ‘‘and may be used, subject to the

11 availability of appropriations for this purpose, to

12 carry out energy-related military construction

13 projects as authorized in sections 2805(a)(1) and

14 2865(a)(3) of this title’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c) When a decision is made to carry out an energy18 related military construction project under section

19 2805(a)(1) or 2865(a)(3) of this title using proceeds from

20 sales under subsection (a), the Secretary concerned shall

21 notify Congress in writing of that decision, of the justifica22 tion for the project, and of the estimated cost of the

23 project. The project may then be carried out only after

24 the end of the 21-day period beginning on the date the

25 notification is received by Congress.’’.
629

HR 2401 EH

1 SEC. 2804. ENERGY SAVINGS AT MILITARY INSTALLATIONS.

2 (a) ENERGY EFFICIENT MAINTENANCE.—Subsection

3 (a) of section 2865 of title 10, United States Code, is

4 amended—

5 (1) in paragraph (3), by inserting ‘‘, including

6 energy efficient maintenance,’’ after ‘‘conservation

7 measures’’; and

8 (2) by adding at the end the following new

9 paragraph:

10 ‘‘(4) For purposes of paragraph (3), the term ‘energy

11 efficient maintenance’ includes—

12 ‘‘(A) the repair by replacement of equipment or

13 systems with the best available technology to meet

14 the same end needs, such as lighting, heating, cool15 ing, or industrial process; and

16 ‘‘(B) improvements in the operation and main17 tenance process that result in energy cost savings,

18 such as training or improved controls.’’.

19 (b) USE OF AMOUNTS FROM SALES OF ELEC20 TRICITY.—Subsection (b)(2) of such section is amended

21 by inserting ‘‘and pursuant to section 2483(b) of this

22 title’’ after ‘‘under paragraph (1)’’.
630

HR 2401 EH

1 SEC. 2805. AUTHORIZATION TO ACQUIRE EXISTING FACILI2 TIES IN LIEU OF CARRYING OUT CONSTRUC3 TION AUTHORIZED BY LAW.

4 (a) ESTABLISHMENT OF AUTHORITY.—Subchapter I

5 of chapter 169 of title 10, United States Code, is amended

6 by adding at the end the following new section:

7 ‘‘SEC. 2813. ACQUISITION OF EXISTING FACILITIES IN LIEU

8 OF CONSTRUCTION.

9 ‘‘(a) ACQUISITION AUTHORITY.—Subject to sub10 sections (b) and (c), if the Secretary concerned determines

11 that an existing facility at or near a military installation

12 would satisfy the requirements of a military construction

13 project authorized by law, the Secretary may acquire that

14 facility, including real property, using the funds appro15 priated for the authorized construction project in lieu of

16 carrying out the authorized construction project.

17 ‘‘(b) REQUIRED DETERMINATION.—The authority

18 provided by this section may only be exercised if the Sec19 retary concerned makes a determination that the acquisi20 tion of an existing facility in lieu of new construction is

21 in the best interests of the Government.

22 ‘‘(c) NOTICE AND WAIT REQUIREMENTS.—A con23 tract may not be entered into under this section until the

24 end of the 21-day period beginning on the date the Sec25 retary concerned notifies Congress in writing of the trans-
631

HR 2401 EH

1 action proposed in the contract, the justification for the

2 transaction, and the estimated cost of the transaction.’’.

3 (b) APPLICATION OF SECTION.—Section 2813 of title

4 10, United States Code, as added by subsection (a), shall

5 apply with respect to—

6 (1) projects authorized on or after the date of

7 the enactment of this Act; and

8 (2) projects authorized before that date for

9 which construction contracts have not been awarded.

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

11 at the beginning of such subchapter is amended by adding

12 at the end the following new item:

‘‘2813. Acquisition of existing facilities in lieu of construction.’’.

13 SEC. 2806. CLARIFICATION OF PARTICIPATION IN DEPART14 MENT OF STATE HOUSING POOLS.

15 Section 2834(b) of title 10, United States Code, is

16 amended to read as follows:

17 ‘‘(b) The maximum lease amount specified in section

18 2828(e)(1) of this title for the rental of family housing

19 in foreign countries shall not apply to housing made avail20 able to the Department of Defense under this section. To

21 the extent that the lease amount for units of housing made

22 available under this subsection exceeds such maximum

23 lease amount, such units shall not be counted in applying

24 the limitation contained in such section on the number of
632

HR 2401 EH

1 units of family housing for which the Secretary concerned

2 may waive such maximum lease amount.’’.

3 SEC. 2807. NAVY HOUSING INVESTMENT AGREEMENTS AND

4 HOUSING INVESTMENT BOARD.

5 (a) IN GENERAL.—Chapter 649 of title 10, United

6 States Code, is amended by inserting after section 7573

7 the following new sections:

8 ‘‘§ 7574. Investment agreements with private devel9 opers of housing

10 ‘‘(a) INVESTMENT AGREEMENTS.—The Secretary of

11 the Navy may enter into investment agreements with pri12 vate developers to encourage the construction of housing

13 and accessory structures within commuting distance of a

14 military installation under the jurisdiction of the Secretary

15 at which there is a shortage of suitable housing to meet

16 the requirements of members of the naval service with or

17 without dependents.

18 ‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.—The

19 Secretary may also enter into collateral incentive agree20 ments with private developers who enter into an invest21 ment agreement under subsection (a) to ensure that,

22 where appropriate—

23 ‘‘(1) members of the naval service will have pri24 ority for a fair share of any housing within the scope

25 of the investment contract; or
633

HR 2401 EH

1 ‘‘(2) rental rates or sale prices, as appropriate,

2 for some or all of the units will be affordable for

3 such members.

4 ‘‘(c) TRANSFER OF NAVY LANDS PROHIBITED.—

5 Nothing in this section shall be construed to permit the

6 Secretary, as part of an agreement entered into under this

7 section, to transfer the right, title, or interest of the Unit8 ed States in any real property under the jurisdiction of

9 the Secretary.

10 ‘‘(d) EXPIRATION OF AUTHORITY.—The authority of

11 the Secretary to enter into an agreement under this sec12 tion shall expire on September 30, 1998.

13 ‘‘§ 7575. Navy Housing Investment Board

14 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy

15 may establish a board to be known as the ‘Navy Housing

16 Investment Board’.

17 ‘‘(b) MEMBERS.—(1) The Navy Housing Investment

18 Board shall be composed of seven members appointed for

19 a two-year term by the Secretary. The Secretary may ap20 point to the Board, without regard to the civil service laws,

21 two persons from the private sector who have knowledge

22 and experience in the financing and the construction of

23 housing.

24 ‘‘(2) The Secretary shall designate one of the mem25 bers as chairperson of the Board.
634

HR 2401 EH

1 ‘‘(3) Members of the Board, other than those mem2 bers regularly employed by the Federal Government, may

3 be paid while attending meetings of the Board or other4 wise serving at the request of the Secretary, compensation

5 at a rate equal to the daily equivalent of the minimum

6 annual rate of basic pay payable for level IV of the Execu7 tive Schedule under section 5315 of title 5, United States

8 Code, for each day (including travel time) during which

9 the member is engaged in the actual performance of duties

10 vested in the Board. Members shall receive travel ex11 penses, including per diem in lieu of subsistence, in ac12 cordance with sections 5702 and 5703 of title 5, United

13 States Code.

14 ‘‘(c) DUTIES.—The Navy Housing Investment Board

15 shall—

16 ‘‘(1) advise the Secretary regarding which pro17 posed investment agreements under section 7574 of

18 this title, if any, are financially and otherwise sound

19 investments for meeting the objectives of such sec20 tion; and

21 ‘‘(2) assist the Secretary in such other ways as

22 the Secretary determines to be necessary and appro23 priate.

24 ‘‘(d) SELECTION OF INVESTMENT OPPORTUNI25 TIES.—Any investment agreement under section 7574 of
635

HR 2401 EH

1 this title may be made through the use of publicly adver2 tised, competitively bid or competitively negotiated, con3 tracting procedures, as provided in chapter 137 of this

4 title, or such other contracting procedures as the Sec5 retary considers to be appropriate.

6 ‘‘(e) ACCOUNT.—(1) There is hereby established on

7 the books of the Treasury an account to be known as the

8 ‘Navy Housing Investment Account’, which shall be ad9 ministered by the Navy Housing Investment Board.

10 ‘‘(2) There shall be deposited into the Account—

11 ‘‘(A) such funds as may be authorized for and

12 appropriated to the Account; and

13 ‘‘(B) any proceeds received from the repayment

14 of investments or profits on investments under sec15 tion 7574 of this title.

16 ‘‘(3) The Account shall be available without fiscal

17 year limitation for contracts, investments, and expenses

18 necessary for the implementation of this section and sec19 tion 7574 of this title.

20 ‘‘(f) REPORT.—Not later than 60 days after the end

21 of each fiscal year in which the Secretary and Navy Hous22 ing Investment Board carry out activities under section

23 7574 of this title, the Secretary shall transmit a report

24 to Congress specifying the amount and nature of the de25 posits into, and the expenditures from, the Account during
636

HR 2401 EH

1 such fiscal year and of the amount and nature of all other

2 expenditures made pursuant to such section during such

3 fiscal year.

4 ‘‘(g) TERMINATION OF BOARD.—The Navy Housing

5 Investment Board shall terminate on November 30,

6 1998.’’.

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

8 at the beginning of such chapter is amended by inserting

9 after the item relating to section 7573 the following new

10 items:

‘‘7574. Investment agreements with private developers of housing.

‘‘7575. Navy Housing Investment Board.’’.

11 Subtitle B—Defense Base Closure

12 and Realignment

13 SEC. 2811. BASE CLOSURE ACCOUNT MANAGEMENT FLEXI14 BILITY.

15 (a) BASE CLOSURES UNDER 1988 ACT.—Section

16 207(a) of the Defense Authorization Amendments and

17 Base Closure and Realignment Act (title II of Public Law

18 100–526; 10 U.S.C. 2687 note) is amended by adding at

19 the end the following new paragraph:

20 ‘‘(7) Proceeds received after September 30, 1995,

21 from the transfer or disposal of any property at a military

22 installation closed or realigned under this title shall be de23 posited directly into the Department of Defense Base Clo24 sure Account 1990, as established by section 2906(a) of
637

HR 2401 EH

1 the Defense Base Closure and Realignment Act of 1990

2 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

3 2687 note).’’.

4 (b) BASE CLOSURES UNDER 1990 ACT.—Section

5 2906 of the Defense Base Closure and Realignment Act

6 of 1990 (part A of title XXIX of Public Law 101–510;

7 10 U.S.C. 2687 note) is amended—

8 (1) in subsection (a)(2)—

9 (A) by striking out ‘‘and’’ at the end of

10 subparagraph (B);

11 (B) by striking out the period at the end

12 of subparagraph (C) and inserting in lieu there13 of ‘‘; and’’; and

14 (C) by adding at the end the following new

15 subparagraph:

16 ‘‘(D) proceeds received after September 30,

17 1995, from the transfer or disposal of any property

18 at a military installation closed or realigned under

19 title II of the Defense Authorization Amendments

20 and Base Closure and Realignment Act (Public Law

21 100–526; 10 U.S.C. 2687 note).’’; and

22 (2) in subsection (b), by striking out paragraph

23 (1) and inserting in lieu thereof the following new

24 paragraph:
638

HR 2401 EH

1 ‘‘(1) The Secretary may use the funds in the Account

2 only for the purposes described in section 2905 or, after

3 September 30, 1995, for environmental restoration and

4 property management and disposal at installations closed

5 or realigned under title II of the Defense Authorization

6 Amendments and Base Closure and Realignment Act

7 (Public Law 100–526; 10 U.S.C. 2687 note).’’.

8 (c) TECHNICAL CORRECTION.—Paragraphs (2) and

9 (3) of section 2906(c) of the Defense Base Closure and

10 Realignment Act of 1990 (part A of title XXIX of Public

11 Law 101–510; 10 U.S.C. 2687 note) are amended by

12 striking out ‘‘after the termination of the Commission’’

13 and inserting in lieu thereof ‘‘after the termination of the

14 authority of the Secretary to carry out a closure or re15 alignment under this part’’.

16 SEC. 2812. AUTHORITY TO CONTRACT FOR CERTAIN FUNC17 TIONS AT INSTALLATIONS BEING CLOSED OR

18 REALIGNED.

19 (a) BASE CLOSURES UNDER 1988 ACT.—(1) Section

20 204(b) of the Defense Authorization Amendments and

21 Base Closure and Realignment Act (title II of Public Law

22 100–526; 10 U.S.C. 2687 note) is amended by adding at

23 the end the following new paragraph:

24 ‘‘(5) The Secretary of Defense may contract with

25 local governments for community services, including police
639

HR 2401 EH

1 and fire protection, at those military installations to be

2 closed under this title if the Secretary determines that it

3 is in the best interest of the Department to have these

4 services provided by local governmental entities.’’.

5 (2) Section 205 of such Act is amended—

6 (A) by striking out ‘‘and’’ at the end of para7 graph (1);

8 (B) by striking out the period at the end of

9 paragraph (2) and inserting in lieu thereof ‘‘; and’’;

10 and

11 (C) by adding at the end the following new

12 paragraph:

13 ‘‘(3) chapter 146 of title 10, United States

14 Code.’’.

15 (b) BASE CLOSURES UNDER 1990 ACT.—(1) Sub16 section (b)(2) of section 2905 of the Defense Base Closure

17 and Realignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 10 U.S.C. 2687 note) is amended—

19 (A) by redesignating subparagraph (E) as sub20 paragraph (F); and

21 (B) by inserting after subparagraph (D) the fol22 lowing new subparagraph:

23 ‘‘(E) The Secretary of Defense may contract with

24 local governments for community services, including police

25 and fire protection, at those military installations to be
640

HR 2401 EH

1 closed under this part if the Secretary determines that it

2 is in the best interest of the Department to have these

3 services provided by local governmental entities.’’.

4 (2) Subsection (d) of such section is amended—

5 (A) by striking out ‘‘and’’ at the end of para6 graph (1);

7 (B) by striking out the period at the end of

8 paragraph (2) and inserting in lieu thereof ‘‘; and’’;

9 and

10 (C) by adding at the end the following new

11 paragraph:

12 ‘‘(3) chapter 146 of title 10, United States

13 Code.’’.

14 SEC. 2813. INCREASED FUNDING SOURCES FOR ENVIRON15 MENTAL RESTORATION AT MILITARY INSTAL16 LATIONS TO BE CLOSED.

17 (a) BASE CLOSURES UNDER 1988 ACT.—(1) Section

18 207 of the Defense Authorization Amendments and Base

19 Closure and Realignment Act (title II of Public Law 100–

20 526; 10 U.S.C. 2687 note) is amended by striking out sub21 section (b).

22 (b) BASE CLOSURES UNDER 1990 ACT.—(1) Section

23 2906 of the Defense Base Closure and Realignment Act

24 of 1990 (part A of title XXIX of Public Law 101–510;
641

HR 2401 EH

1 10 U.S.C. 2687 note) is amended by striking out sub2 section (e).

3 (2) Section 2905(a)(1)(C) of such Act is amended by

4 inserting after ‘‘the Account’’ the following: ‘‘and, in addi5 tion, may use for such purposes other funds appropriated

6 to the Department of Defense and available for environ7 mental restoration and mitigation’’.

8 SEC. 2814. TESTIMONY BEFORE DEFENSE BASE CLOSURE

9 AND REALIGNMENT COMMISSION.

10 (a) OATHS REQUIRED.—Section 2903(d)(1) of the

11 Defense Base Closure and Realignment Act of 1990 (part

12 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

13 note) is amended by adding at the end the following new

14 sentence: ‘‘All testimony before the Commission at a pub15 lic hearing conducted under this paragraph shall be pre16 sented under oath.’’.

17 (b) APPLICATION OF AMENDMENT.—The amendment

18 made by this section shall apply with respect to all public

19 hearings conducted by the Defense Base Closure and Re20 alignment Commission after the date of the enactment of

21 this Act.
642

HR 2401 EH

1 SEC. 2815. EXPANSION OF CONVEYANCE AUTHORITY RE2 GARDING FINANCIAL FACILITIES ON CLOSED

3 MILITARY INSTALLATIONS TO INCLUDE ALL

4 DEPOSITORY INSTITUTIONS.

5 (a) INCLUSION OF OTHER DEPOSITORY INSTITU6 TIONS IN ADDITION TO CREDIT UNIONS.—Section 2825

7 of the National Defense Authorization Act for Fiscal

8 Years 1992 and 1993 (10 U.S.C. 2687 note) is

9 amended—

10 (1) by striking ‘‘credit union’’ each place it ap11 pears and inserting in lieu thereof ‘‘depository insti12 tution’’;

13 (2) in subsection (c), by striking ‘‘business’’;

14 and

15 (3) by adding at the end the following new sub16 section:

17 ‘‘(e) DEPOSITORY INSTITUTION DEFINED.—For pur18 poses of this section, the term ‘depository institution’ has

19 the meaning given that term in section 19(b)(1)(A) of the

20 Federal Reserve Act (12 U.S.C. 461(b)(1)(A)).’’.

21 (b) CLERICAL AMENDMENT.—The heading of such

22 section is amended to read as follows:
643

HR 2401 EH

1 ‘‘SEC. 2825. DISPOSITION OF FACILITIES OF DEPOSITORY

2 INSTITUTIONS ON MILITARY INSTALLATIONS

3 TO BE CLOSED.’’.

4 SEC. 2816. AUTHORITY TO TRANSFER PROPERTY AT MILI5 TARY INSTALLATIONS TO BE CLOSED TO

6 PERSONS PAYING THE COST OF ENVIRON7 MENTAL RESTORATION ACTIVITIES ON THE

8 PROPERTY.

9 (a) BASE CLOSURES UNDER 1988 ACT.—Section

10 204 of the Defense Authorization Amendments and Base

11 Closure and Realignment Act (title II of Public Law 100–

12 526; 10 U.S.C. 2687 note) is amended by adding at the

13 end the following new subsection:

14 ‘‘(d) TRANSFER AUTHORITY IN CONNECTION WITH

15 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

16 ‘‘(1) Subject to paragraph (2) and the require17 ments specified in section 120(h) of the Comprehen18 sive Environmental Response, Compensation, and

19 Liability Act of 1980 (42 U.S.C. 9620(h)), the Sec20 retary may enter into an agreement to transfer real

21 property or facilities located at a military installa22 tion closed or to be closed under this title with any

23 person who agrees to pay all costs in connection with

24 all environmental restoration, waste management,

25 and environmental compliance activities that—
644

HR 2401 EH

1 ‘‘(A) are required for the property or facili2 ties under Federal and State laws, administra3 tive decisions, agreements, and concurrences;

4 and

5 ‘‘(B) are known to be necessary on the

6 date of the agreement, or reasonably could have

7 been known or foreseen to be necessary as a re8 sult of Department of Defense activities at the

9 military installation.

10 ‘‘(2) RELATION OF COSTS TO FAIR MARKET

11 VALUE.—A transfer of real property or facilities may

12 be made under paragraph (1) only if the Secretary

13 certifies to Congress that—

14 ‘‘(A) the costs of all environmental restora15 tion, waste management, and environmental

16 compliance activities to be paid by the recipient

17 of the property or facilities are equal to or

18 greater than the fair market value of the prop19 erty or facilities to be transferred, as deter20 mined by the Secretary; or

21 ‘‘(B) if such costs are lower than the fair

22 market value of the property or facilities, the

23 recipient of the property or facilities agrees to

24 pay the difference between the fair market

25 value and such costs.
645

HR 2401 EH

1 ‘‘(3) DISCLOSURE.—As part of an agreement

2 under paragraph (1), the Secretary shall disclose to

3 the person to whom the property or facilities will be

4 transferred any information of the Secretary regard5 ing the environmental restoration, waste manage6 ment, and environmental compliance activities de7 scribed in paragraph (1) that relate to the property

8 or facilities. The Secretary shall provide this infor9 mation as soon as possible before entering into the

10 agreement.

11 ‘‘(4) APPLICATION OF CERCLA.—Nothing in

12 this subsection shall be construed to modify or re13 move the environmental restoration, waste manage14 ment, and environmental compliance requirements

15 imposed by section 120(h) of the Comprehensive En16 vironmental Response, Compensation, and Liability

17 Act of 1980 (42 U.S.C. 9620(h)).’’.

18 (b) BASE CLOSURES UNDER 1990 ACT.—Section

19 2905 of the Defense Base Closure and Realignment Act

20 of 1990 (part A of title XXIX of Public Law 101–510;

21 10 U.S.C. 2687 note) is amended by adding at the end

22 the following new subsection:

23 ‘‘(e) TRANSFER AUTHORITY IN CONNECTION WITH

24 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—
646

HR 2401 EH

1 ‘‘(1) Subject to paragraph (2) and the require2 ments specified in section 120(h) of the Comprehen3 sive Environmental Response, Compensation, and

4 Liability Act of 1980 (42 U.S.C. 9620(h)), the Sec5 retary may enter into an agreement to transfer real

6 property or facilities located at a military installa7 tion closed or to be closed under this title with any

8 person who agrees to pay all costs in connection with

9 all environmental restoration, waste management,

10 and environmental compliance activities that—

11 ‘‘(A) are required for the property or facili12 ties under Federal and State laws, administra13 tive decisions, agreements, and concurrences;

14 and

15 ‘‘(B) are known to be necessary on the

16 date of the agreement, or reasonably could have

17 been known or foreseen to be necessary as a re18 sult of Department of Defense activities at the

19 military installation.

20 ‘‘(2) RELATION OF COSTS TO FAIR MARKET

21 VALUE.—A transfer of real property or facilities may

22 be made under paragraph (1) only if the Secretary

23 certifies to Congress that—

24 ‘‘(A) the costs of all environmental restora25 tion, waste management, and environmental
647

HR 2401 EH

1 compliance activities to be paid by the recipient

2 of the property or facilities are equal to or

3 greater than the fair market value of the prop4 erty or facilities to be transferred, as deter5 mined by the Secretary; or

6 ‘‘(B) if such costs are lower than the fair

7 market value of the property or facilities, the

8 recipient of the property or facilities agrees to

9 pay the difference between the fair market

10 value and such costs.

11 ‘‘(3) DISCLOSURE.—As part of an agreement

12 under paragraph (1), the Secretary shall disclose to

13 the person to whom the property or facilities will be

14 transferred any information of the Secretary regard15 ing the environmental restoration, waste manage16 ment, and environmental compliance activities de17 scribed in paragraph (1) that relate to the property

18 or facilities. The Secretary shall provide this infor19 mation as soon as possible before entering into the

20 agreement.

21 ‘‘(4) APPLICATION OF CERCLA.—Nothing in

22 this subsection shall be construed to modify or re23 move the environmental restoration, waste manage24 ment, and environmental compliance requirements

25 imposed by section 120(h) of the Comprehensive En-
648

HR 2401 EH

1 vironmental Response, Compensation, and Liability

2 Act of 1980 (42 U.S.C. 9620(h)).’’.

3 SEC. 2817. AUTHORITY TO LEASE PROPERTY PENDING

4 FINAL DISPOSITION.

5 (a) LEASE AUTHORITY.—Subsection (f) of section

6 2667 of title 10, United States Code, is amended to read

7 as follows:

8 ‘‘(f)(1) Pending the final disposition of real property

9 (and associated personal property) located at a military

10 installation to be closed or realigned under a base closure

11 law, the Secretary of the military department concerned

12 may lease the property to public or private entities under

13 this subsection if the Secretary determines that such a

14 lease would facilitate State or local economic adjustment

15 efforts.

16 ‘‘(2) Notwithstanding subsection (b)(4), in the case

17 of a lease under this subsection to a State or local govern18 ment, the Secretary concerned may accept consideration

19 in an amount that is less than the fair market value of

20 the lease interest if the Secretary concerned determines

21 that there is a public benefit accruing as a result of the

22 lease.

23 ‘‘(3) The limitation contained in subsection (a)(3)

24 shall not apply in selecting real or personal property to

25 be leased under this subsection.’’.
649

HR 2401 EH

1 (b) DEFINITION.—Such section is further amended

2 by adding at the end the following new subsection:

3 ‘‘(g) In this section, the term ‘base closure law’

4 means each of the following:

5 ‘‘(1) The Defense Base Closure and Realign6 ment Act of 1990 (part A of title XXIX of Public

7 Law 101–510; 10 U.S.C. 2687 note).

8 ‘‘(2) Title II of the Defense Authorization

9 Amendments and Base Closure and Realignment

10 Act (Public Law 100–526; 10 U.S.C. 2687 note).

11 ‘‘(3) Section 2687 of this title.’’.

12 SEC. 2818. ELECTRIC POWER ALLOCATION AND ECONOMIC

13 DEVELOPMENT AT CERTAIN MILITARY IN14 STALLATIONS TO BE CLOSED IN THE STATE

15 OF CALIFORNIA.

16 For a 10-year period beginning on the date of the

17 enactment of this Act, the electric power allocations pro18 vided as of that date by the Western Area Power Adminis19 tration from the Central Valley project to military installa20 tions in the State of California selected for closure pursu21 ant to the Defense Base Closure and Realignment Act of

22 1990 (part A of title XXIX of Public Law 101–510; 10

23 U.S.C. 2687 note) shall be reserved for sale through long24 term contracts to preference entities that agree to use

25 such power to promote economic development at a military
650

HR 2401 EH

1 installation that is closed or selected for closure pursuant

2 to that Act.

3 SEC. 2819. EXPANSION OF BASE CLOSURE LAW TO INCLUDE

4 CONSIDERATION OF MILITARY INSTALLA5 TIONS OUTSIDE THE UNITED STATES FOR

6 CLOSURE AND REALIGNMENT.

7 (a) EXPANSION OF SCOPE OF BASE CLOSURE

8 LAW.—The Defense Base Closure and Realignment Act

9 of 1990 (Part A of title XXIX of Public Law 101–510;

10 10 U.S.C. 2687 note) is amended—

11 (1) by redesignating sections 2910 and 2911 as

12 sections 2911 and 2912, respectively; and

13 (2) by inserting after section 2909 the following

14 new section:

15 ‘‘SEC. 2910. CONSIDERATION OF MILITARY INSTALLATIONS

16 OUTSIDE THE UNITED STATES.

17 ‘‘(a) RECOMMENDATIONS FOR TERMINATION AND

18 REDUCTIONS OF MILITARY OPERATIONS OUTSIDE THE

19 UNITED STATES.—With respect to recommendations

20 made in 1995 for the closure and realignment of military

21 installations under this part, the Secretary and the Com22 mission shall include recommendations for the termination

23 and reduction of military operations carried out by the

24 United States at military installations outside the United

25 States.
651

HR 2401 EH

1 ‘‘(b) SELECTION CRITERIA.—(1) Not later than De2 cember 31, 1993, the Secretary shall publish in the Fed3 eral Register and transmit to the congressional defense

4 committees the criteria proposed to be used by the Depart5 ment of Defense in making recommendations for terminat6 ing and reducing military operations carried out by the

7 United States at military installations outside the United

8 States. The Secretary shall provide an opportunity for

9 public comment on the proposed criteria for a period of

10 at least 30 days and shall include notice of that oppor11 tunity in the publication required under the preceding sen12 tence.

13 ‘‘(2) Not later than February 15, 1994, the Secretary

14 shall publish in the Federal Register and transmit to the

15 congressional defense committees the final criteria to be

16 used in making recommendations for terminating and re17 ducing military operations carried out by the United

18 States at military installations outside the United States.

19 ‘‘(3) The criteria developed under this subsection,

20 along with the force-structure plan referred to in section

21 2903(a), shall be the final criteria to be used in making

22 recommendations for terminating and reducing military

23 operations carried out by the United States at military

24 installations outside the United States, unless the criteria

25 are—
652

HR 2401 EH

1 ‘‘(A) disapproved by a joint resolution of Con2 gress enacted on or before March 15, 1994; or

3 ‘‘(B) amended by the Secretary in the manner

4 described in section 2903(b)(2)(B).

5 ‘‘(c) RECOMMENDATIONS OF THE SECRETARY.—The

6 Secretary shall transmit recommendations to the Commis7 sion for the termination and reduction of military oper8 ations of the United States at specified military installa9 tions outside the United States. The recommendations

10 shall be included in the recommendations transmitted to

11 the Commission with respect to the closure and realign12 ment of military installations inside the United States

13 under section 2903(c).

14 ‘‘(d) REVIEW AND RECOMMENDATIONS BY COMMIS15 SION.—The Commission shall review the recommendations

16 transmitted by the Secretary under subsection (c). The

17 Commission may make changes in the recommendations

18 made by the Secretary only in the manner provided in sub19 paragraphs (B), (C), and (D) of section 2903(d)(2). The

20 Commission shall include, in its recommendations to the

21 President under section 2903(d), its recommendations for

22 the termination and reduction of military operations of the

23 United States at specified military installations outside

24 the United States.
653

HR 2401 EH

1 ‘‘(e) REVIEW AND TRANSMITTAL BY THE PRESI2 DENT.—The recommendations transmitted by the Presi3 dent under section 2903(e) shall contain the recommenda4 tions of the Commission for the termination and reduction

5 of military operations of the United States at specified

6 military installations outside the United States.’’.

7 (b) EFFECT OF FAILURE TO INCLUDE SUFFICIENT

8 OVERSEAS INSTALLATIONS.—Section 2903 of such Act is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(f) FAILURE TO INCLUDE SUFFICIENT OVERSEAS

12 INSTALLATIONS.—(1) In the case of the recommendations

13 of the Commission required to be transmitted to the Con14 gress in 1995 pursuant to subsection (e), if the closure

15 or realignment of military installations outside the United

16 States does not account for at least 25 percent of the clo17 sure and realignment recommendations of the Commis18 sion, as certified by the Commission under paragraph (2),

19 then the process by which military installations may be

20 selected for closure or realignment under this part with

21 respect to that year shall be terminated.

22 ‘‘(2) In determining whether the percentage specified

23 in paragraph (1) is satisfied, the Commission shall cal24 culate such percentage both in terms of—
654

HR 2401 EH

1 ‘‘(A) the number of military installations out2 side the United States recommended for closure or

3 realignment as a percentage of the total number of

4 military installations recommended for closure or re5 alignment that year; and

6 ‘‘(B) the number of military personnel and civil7 ian employees of the Department of Defense sta8 tioned or employed outside the United States di9 rectly affected by the recommendations as a percent10 age of the total number of military personnel and ci11 vilian employees of the Department of Defense di12 rectly affected by the recommendations.’’.

13 (c) CONFORMING AMENDMENTS.—(1) Subsection (b)

14 of section 2901 of such Act is amended to read as follows:

15 ‘‘(b) Purpose.—The purpose of this part is to provide

16 a fair process that will result in the timely closure and

17 realignment of military installations inside and outside the

18 United States.’’.

19 (2) Section 2911 of such Act, as redesignated by sub20 section (a)(1), is amended—

21 (A) in paragraph (4), by inserting after the

22 first sentence the following new sentence: ‘‘With re23 spect to military operations carried out by the Unit24 ed States outside the United States, such term in25 cludes the sites and facilities at which such oper-
655

HR 2401 EH

1 ations are carried out without regard to whether the

2 sites and facilities are owned by the United States.’’;

3 and

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

5 paragraph:

6 ‘‘(8) The terms ‘closure’ and ‘realignment’ in7 clude, with respect to military operations carried out

8 by the United States outside the United States, the

9 termination or reduction of such operations.’’.

10 SEC. 2820. LIMITATIONS ON THE REMOVAL OR DISPOSAL

11 OF PERSONAL PROPERTY AND EQUIPMENT

12 IN CONNECTION WITH THE CLOSURE OR

13 MAJOR REALIGNMENT OF MILITARY INSTAL14 LATIONS.

15 (a) LIMITATION.—Except as provided in this section,

16 in connection with the closure or major realignment of a

17 military installation pursuant to a base closure law, the

18 Secretary of Defense shall not permit the removal or dis19 posal of any related personal property that—

20 (1) is located at the installation; and

21 (2) would be suitable for use by a governmental

22 or private entity obtaining real property at the in23 stallation.

24 (b) AUTHORIZED REMOVALS AND DISPOSALS.—The

25 limitation specified in subsection (a) shall not apply with
656

HR 2401 EH

1 respect to the removal or disposal of related personal prop2 erty from a military installation if—

3 (1) the property is regularly transferred or re4 moved from the installation, such as in the case of

5 military vehicles and aircraft;

6 (2) the property is unique to the military and

7 its removal is required to support a specific mission

8 of the Armed Forces; or

9 (3) the removal or disposal is pursuant to a

10 reuse plan for the installation that is approved by

11 the Secretary and consistent with the inventory re12 quirements specified in subsections (c) and (d).

13 (c) INVENTORY OF RELATED PERSONAL PROP14 ERTY.—As soon as practicable following the selection of

15 a military installation for closure or major realignment

16 pursuant to a base closure law, the Secretary of the mili17 tary department exercising jurisdiction over the installa18 tion shall order an inventory to be taken of related per19 sonal property at the installation.

20 (d) SELECTION OF PERSONAL PROPERTY FOR RE21 TENTION AT INSTALLATION.—Upon completion of the in22 ventory under subsection (c) for a military installation, the

23 entity recognized by the Secretary of Defense as develop24 ing the community base reuse plan for the installation

25 shall be given not less than 12 months within which to
657

HR 2401 EH

1 decide whether or not to retain all or a portion of the relat2 ed personal property at the installation.

3 (e) DISPOSAL AUTHORITY.—As consideration for the

4 property selected by the entity under subsection (d) to be

5 retained at the installation, the Secretary of Defense may

6 require the entity to pay to the United States such

7 amount, not to exceed the fair market value of the re8 tained property, as the Secretary considers to be appro9 priate. Related personal property that is not retained by

10 the entity at the installation shall be removed or disposed

11 of by the Secretary pursuant to subsection (b)(3).

12 (f) DEFINITIONS.—For purposes of this section:

13 (1) BASE CLOSURE LAW DEFINED.—The term

14 ‘‘base closure law’’ means each of the following:

15 (A) The Defense Base Closure and Re16 alignment Act of 1990 (part A of title XXIX of

17 Public Law 101–510; 10 U.S.C. 2687 note).

18 (B) Title II of the Defense Authorization

19 Amendments and Base Closure and Realign20 ment Act (Public Law 100–526; 10 U.S.C.

21 2687 note).

22 (C) Section 2687 of title 10, United States

23 Code.

24 (D) Any other similar law enacted after

25 the date of the enactment of this Act.
658

HR 2401 EH

1 (2) RELATED PERSONAL PROPERTY DE2 FINED.—The term ‘‘related personal property’’

3 means any personal property owned by the United

4 States that—

5 (A) is an integral part of real property at

6 a military installation or is related to, designed

7 for, or specially adapted to the functional or

8 productive capacity of the real property, and

9 the removal of this personal property would sig10 nificantly diminish the economic value of the

11 real property; or

12 (B) is essential to implement a community

13 base reuse plan and to make the installation

14 fully functional for civilian operations, including

15 such personal property as office furniture and

16 equipment, machine tools and industrial pro17 duction equipment, dormitory and food service

18 equipment, airport operating equipment, edu19 cational and instructional equipment, and spare

20 parts for such personal property sufficient to

21 cover the initial three years of civilian oper22 ations.

23 (3) MAJOR REALIGNMENT.—The term ‘‘major

24 realignment’’ means any action under a base closure

25 law that—
659

HR 2401 EH

1 (A) reduces and relocates functions and ci2 vilian personnel positions at a military installa3 tion; and

4 (B) affects 500 or more employees at the

5 installation.

6 SEC. 2821. PREFERENCE FOR LOCAL AND SMALL BUSI7 NESSES.

8 (a) PREFERENCE REQUIRED.—In entering into con9 tracts with private entities as part of the closure or re10 alignment of a military installation under a base closure

11 law, the Secretary of Defense shall give preference, to the

12 greatest extent practicable, to qualified businesses located

13 in the vicinity of the installation and small business con14 cerns. Contracts for which this preference shall be given

15 shall include contracts to carry out activities for the envi16 ronmental restoration and mitigation at a military instal17 lation to be closed or realigned.

18 (b) DEFINITIONS.—For purposes of this section:

19 (1) The term ‘‘small business concern’’ has the

20 meaning given such term in section 3 of the Small

21 Business Act (15 U.S.C. 632).

22 (2) The term ‘‘base closure law’’ means the

23 following:

24 (A) The Defense Base Closure and Re25 alignment Act of 1990 (part A of title XXIX of
660

HR 2401 EH

1 Public Law 101–510; 104 Stat. 1808; 10

2 U.S.C. 2687 note).

3 (B) Title II of the Defense Authorization

4 Amendments and Base Closure and Realign5 ment Act (Public Law 100–526; 10 U.S.C.

6 2687 note).

7 (C) Section 2687 of title 10, United States

8 Code.

9 SEC. 2822. PILOT PROGRAM TO CONVEY CLOSED MILITARY

10 INSTALLATIONS TO NEIGHBORING COMMU11 NITIES.

12 (a) PILOT PROGRAM REQUIRED.—The Secretary of

13 Defense shall establish a pilot program to develop, and

14 evaluate the adequacy of, economic revitalization criteria

15 to govern the conveyance of surplus real property and re16 lated personal property at closed military installations to

17 local redevelopment authorities in order to assist the com18 munities adjacent to these installations recover from the

19 adverse consequences of the closure of military installa20 tions pursuant to the base closure laws.

21 (b) MILITARY INSTALLATIONS IN THE PILOT PRO22 GRAM.—The pilot program required by this section shall

23 be conducted at Naval Air Station Alameda, California,

24 Naval Depot Alameda, California, Loring Air Force Base,
661

HR 2401 EH

1 Maine, Gentile Air Force Station, Ohio, and military in2 stallations in Charleston, South Carolina, to be closed.

3 (c) CONVEYANCE.—Subject to subsection (f), in the

4 case of each military installation included in the pilot pro5 gram, the Secretary shall convey all right, title, and inter6 est of the United States in all surplus real property and

7 related personal property at the installation to the local

8 redevelopment authority for that installation. If a local re9 development authority is in existence for such an installa10 tion on the date of the enactment of this Act, the convey11 ance shall be made to that local redevelopment authority.

12 (d) CONSIDERATION NOT TO BE REQUIRED.—No

13 consideration may be required for a conveyance of prop14 erty pursuant to this section.

15 (e) ECONOMIC REVITALIZATION CRITERIA.—As part

16 of the pilot program, the Secretary shall develop economic

17 revitalization criteria to be used as the basis for reviewing

18 redevelopment plans submitted under subsection (f) to en19 sure that the plans promote the economic revitalization of

20 areas within, and surrounding, closed military installa21 tions. Such criteria shall emphasize such factors as job

22 creation, training, technology development, small business

23 concerns, land use planning, and appropriate public pur24 poses.
662

HR 2401 EH

1 (f) REDEVELOPMENT PLAN REQUIRED.—To be eligi2 ble to receive property under subsection (c), the local rede3 velopment authority for a military installation included in

4 the pilot project shall submit to the Secretary a redevelop5 ment plan for the installation not later than 120 days

6 after the date on which the installation is first included

7 in the pilot program. Not later than 120 days after the

8 submission of the redevelopment plan, the Secretary shall

9 complete a review of the redevelopment plan using the eco10 nomic revitalization criteria developed under subsection

11 (e) and either approve the plan or reject the plan as in12 complete or inadequate. If the Secretary determines that

13 the redevelopment plan is incomplete or does not ade14 quately address the redevelopment and reuse of the instal15 lation, the Secretary shall inform the local redevelopment

16 authority involved of the reasons for the determination

17 and shall give the local development authority a sufficient

18 period within which to resubmit an adequate redevelop19 ment plan.

20 (g) TIME FOR CONVEYANCE.—The conveyance of all

21 surplus real property and related personal property at a

22 military installation included in the pilot program shall be

23 completed pursuant to the terms of the approved redevel24 opment plan for the installation, but not later than the

25 date the Secretary officially closes the installation.
663

HR 2401 EH

1 (h) RELATIONSHIP TO CERCLA.—Nothing in this

2 section shall be construed as superseding section 120(h)

3 of the Comprehensive Environmental Response, Com4 pensation, and Liability Act of 1980.

5 (i) REPORT.—Not later than three years after the

6 date of the enactment of this Act, the Secretary shall sub7 mit a report to Congress evaluating the success of the pilot

8 program and containing such recommendations as the

9 Secretary considers to be appropriate.

10 (j) DEFINITIONS.—For purposes of the section:

11 (1) The term ‘‘military installation’’ has the

12 meaning given such term in section 2687(e)(1) of

13 title 10, United States Code.

14 (2) The term ‘‘base closure law’’ means the

15 following:

16 (A) The Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 10 U.S.C. 2687 note).

19 (B) Title II of the Defense Authorization

20 Amendments and Base Closure and Realign21 ment Act (Public Law 100–526; 10 U.S.C.

22 2687 note).

23 (C) Section 2687 of title 10, United States

24 Code.
664

HR 2401 EH

1 SEC. 2823. BASE DISPOSAL MANAGEMENT COOPERATIVE

2 AGREEMENT.

3 (a) USE OF INDEPENDENT SITE MANAGER.—(1) In

4 order to fulfill the responsibilities of the Secretary of De5 fense under a base closure law, the Secretary may enter

6 into not less than one and not more than 10 cooperative

7 agreements described in section 6305 of title 31, United

8 States Code, with independent entities (in this section re9 ferred to as a ‘‘Site Manager’’) to assist the Secretary in

10 managing the site planning, approval, preparation, and

11 disposal of excess and surplus real property under the au12 thority delegated to the Secretary for military installations

13 to be closed or realigned under a base closure law. The

14 selection of a Site Manager under this subsection for a

15 military installation shall be made by the Secretary, after

16 suitable public notice, through the good faith exercise of

17 the Secretary’s discretion and in consultation with the af18 fected local community in which the military installation

19 is located.

20 (2) During the term of a cooperative agreement en21 tered under this subsection and the five-year period begin22 ning on the termination date of the cooperative agreement,

23 the Site Manager subject to that cooperative agreement

24 (and its affiliates) shall be barred from bidding for or ac25 quiring any interest in real property or facilities located

26 at any of the military installations to be managed by the
665

HR 2401 EH

1 Site Manager, unless such acquisition is necessary to exe2 cute the terms of the cooperative agreement.

3 (b) QUALIFICATIONS.—In selecting a Site Manager

4 under subsection (a), the Secretary of Defense shall en5 sure that the Site Manager, either directly or through its

6 principals, has had prior experience—

7 (1) in the site planning of properties located at

8 Federal facilities;

9 (2) in dealing with local land use authorities in

10 the States in which the military installations to be

11 managed are located;

12 (3) in managing the cleanup of hazardous waste

13 contamination;

14 (4) in resolving land use issues under the Na15 tional Environmental Policy Act of 1969 (42 U.S.C.

16 4321 et seq.) and the National Historic Preservation

17 Act of 1966 (16 U.S.C. 470 et. seq.); and

18 (5) in meeting such other qualifications as the

19 Secretary considers to be necessary to perform the

20 tasks set forth in this section.

21 (c) DUTIES GENERALLY.—Under the cooperative

22 agreement entered into under subsection (a), a Site Man23 ager shall—
666

HR 2401 EH

1 (1) analyze the land use potential of the mili2 tary installations to be managed by the Site Man3 ager;

4 (2) coordinate with the applicable State and

5 local authorities to develop reuse options and obtain

6 necessary zoning and infrastructure approvals with

7 respect to these installations;

8 (3) manage the remediation of any adverse en9 vironmental conditions on these installations in ac10 cordance with remediation plans prepared and ap11 proved pursuant to applicable laws;

12 (4) coordinate with State and Federal agencies

13 to complete all reports and analyses required under

14 applicable law with respect to these installations;

15 (5) initiate and coordinate the notices and con16 sultations with Federal, State, regional, and local

17 agencies contemplated under the authority delegated

18 to the Secretary of Defense under a base closure law

19 and the procedures contemplated under section 501

20 of the Stewart B. McKinney Homeless Assistance

21 Act (42 U.S.C. 11411);

22 (6) manage through the use of community as23 sets the maintenance and interim use of these instal24 lations pending final disposition;
667

HR 2401 EH

1 (7) prepare real property and facilities at these

2 installations for disposal; and

3 (8) manage the competitive public sale of sale

4 parcels in accordance with subsection (f).

5 (d) BUDGET AND SUBCONTRACTS.—(1) A Site Man6 ager and the Secretary of Defense shall jointly develop a

7 detailed budget for each phase of the site preparation and

8 approval process for each military installation to be man9 aged by the Site Manager.

10 (2) The cooperative agreement entered into under

11 subsection (a) shall authorize the Site Manager, through

12 the sole exercise of its reasonable business judgment and

13 in accordance with the approved budget, to engage con14 tractors and other professionals to complete all aspects of

15 the site preparation and approval process, including envi16 ronmental remediation. A Site Manager shall enter into

17 such contracts in accordance with such contracting guide18 lines as the Secretary may reasonably require in the coop19 erative agreement to promote fair competition, fair labor

20 practices, and good faith commercially reasonable efforts

21 to afford contracting opportunities to small business con22 cerns owned by socially- or economically-disadvantaged

23 persons.

24 (3) The Secretary shall reimburse the Site Manager

25 for the reasonable overhead costs incurred by the Site
668

HR 2401 EH

1 Manager and shall make funds available for the timely

2 payment of amounts due under the contracts and sub3 contracts entered into in accordance with the cooperative

4 agreement and the approved budget.

5 (e) CONTINUED LIABILITY FOR ENVIRONMENTAL

6 REMEDIATION.—Nothing in this section shall be consid7 ered to diminish the liability of the Federal Government

8 with respect to environmental conditions existing on a

9 military installation managed by a Site Manager pursuant

10 to a cooperative agreement entered into under subsection

11 (a).

12 (f) SALE PROCEDURES.—After a sale parcel man13 aged by a Site Manager has received all necessary approv14 als and is otherwise ready for competitive public sale, the

15 Site Manager shall sell the parcel, as an agent for the Sec16 retary of Defense, in one or more transactions. Each sale

17 shall be on terms acceptable to the Secretary, determined

18 in consultation with the Site Manager and appropriate

19 local authorities.

20 (g) DISPOSITION OF PROCEEDS.—The proceeds from

21 each sale under subsection (f) shall be divided among the

22 Department of Defense, the Site Manager involved, and

23 appropriate local authorities as follows:

24 (1) The Secretary of Defense shall receive an

25 amount equal to—
669

HR 2401 EH

1 (A) the costs incurred by the Secretary

2 under the cooperative agreement with the Site

3 Manager and under applicable contracts and

4 subcontracts entered into by the Site Manager

5 pursuant to the cooperative agreement (other

6 than environmental analysis and remediation

7 costs, costs of preparing or conducting reports,

8 analyses, notices, and consultations required

9 under applicable law, property maintenance

10 costs, and all other costs that the Secretary

11 would be required to incur if the cooperative

12 agreement with the Site Manager did not exist)

13 and the reasonable costs of conducting the sale;

14 and

(B) 1 15 ⁄3 of the remainder of the proceeds.

16 (2) From amounts remaining after operation of

17 paragraph (1), the applicable local authorities, as determined by the Secretary, shall receive 1 18 ⁄2 of the re19 mainder. If the appropriate local authorities cannot

20 be determined satisfactorily to the Secretary, the

21 State in which the military installation involved is lo22 cated shall receive the amount that would be distrib23 uted pursuant to this paragraph.
670

HR 2401 EH

1 (3) From amounts remaining after operation of

2 paragraph (1), the Site Manager involved shall receive 1 3 ⁄2 of the remainder.

4 (h) REPORTS.—(1) At such intervals as the Secretary

5 of Defense may prescribe, each Site Manager shall submit

6 to the Secretary reports describing the activities of the

7 Site Manager under a cooperative agreement entered into

8 under subsection (a) and such other information as the

9 Secretary may require.

10 (2) Not later than May 31, 1994, and May 31, 1995,

11 the Secretary of Defense shall submit to Congress a report

12 regarding all military installations covered by a coopera13 tive agreement under this section and the status of the

14 site preparation and disposal process at the installations.

15 (i) BASE CLOSURE LAW DEFINED.—For purposes of

16 this section, the term ‘‘base closure law’’ means each of

17 the following:

18 (1) The Defense Base Closure and Realignment

19 Act of 1990 (part A of title XXIX of Public Law

20 101–510; 10 U.S.C. 2687 note).

21 (2) Title II of the Defense Authorization

22 Amendments and Base Closure and Realignment

23 Act (Public Law 100–526; 10 U.S.C. 2687 note).

24 (3) Section 2687 of title 10, United States

25 Code.
671

HR 2401 EH

1 (4) Any other similar law enacted after the date

2 of the enactment of this Act.

3 Subtitle C—Land Transactions

4 SEC. 2824. MODIFICATION OF LAND CONVEYANCE, NEW

5 LONDON, CONNECTICUT.

6 (a) CONVEYANCE WITHOUT CONSIDERATION.—Sub7 section (a) of section 2841 of the National Defense Au8 thorization Act for Fiscal Years 1992 and 1993 (Public

9 Law 102–190; 102 Stat. 1557) is amended by inserting

10 after ‘‘convey’’ the following: ‘‘, without consideration,’’.

11 (b) CONFORMING AMENDMENTS.—Such section is

12 further amended—

13 (1) in subsection (b), by striking out paragraph

14 (4);

15 (2) by striking out subsection (c); and

16 (3) redesignating subsections (d) and (e) as

17 subsections (c) and (d), respectively.

18 SEC. 2825. LAND CONVEYANCE, BROWARD COUNTY, FLOR19 IDA.

20 (a) LAND CONVEYANCE.—Subject to subsection (b),

21 the Secretary of the Navy may convey to Broward County,

22 Florida (in this section referred to as the ‘‘County’’), all

23 right, title, and interest of the United States in and to

24 a parcel of real property, including improvements thereon,

25 consisting of approximately 18.45 acres and comprising
672

HR 2401 EH

1 a portion of Fort Lauderdale-Hollywood International Air2 port, Florida.

3 (b) CONSIDERATION.—As consideration for the con4 veyance by the Secretary of the parcel of real property

5 under subsection (a), the County shall elect either—

6 (1) to construct (or pay the costs of construct7 ing) at a location selected by the Secretary within

8 the County a suitable replacement facility for the

9 improvements conveyed as part of such conveyance;

10 or

11 (2) to pay to the United States an amount

12 equal to the fair market value of the parcel conveyed

13 under subsection (a), including improvements there14 on.

15 (c) REPLACEMENT FACILITY.—If the County elects

16 to pay the fair market value of the real property under

17 subsection (b)(2), the Secretary shall use the amount paid

18 by the County, subject to the availability of appropriations

19 for this purpose, to construct a suitable facility to replace

20 the improvements conveyed under subsection (a).

21 (d) DETERMINATION OF FAIR MARKET VALUE.—

22 The Secretary shall determine the fair market value of the

23 parcel of real property to be conveyed under subsection

24 (a). Such determination shall be final.
673

HR 2401 EH

1 (e) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the parcel of real property to be

3 conveyed under subsection (a) shall be determined by sur4 veys that are satisfactory to the Secretary. The cost of

5 the surveys shall be borne by the County.

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require any additional terms and conditions

8 in connection with the conveyance under subsection (a)

9 that the Secretary considers appropriate to protect the in10 terests of the United States.

11 SEC. 2826. LAND CONVEYANCE, NAVAL AIR STATION

12 OCEANA, VIRGINIA.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of

14 the Navy may convey to the City of Virginia Beach, Vir15 ginia (in this section referred to as the ‘‘City’’), all right,

16 title, and interest of the United States in and to a parcel

17 of real property included on the real property inventory

18 of Naval Air Station Oceana in Virginia Beach, Virginia,

19 and consisting of approximately 3.5 acres. As part of the

20 conveyance of such parcel, the Secretary shall grant the

21 City an easement on such additional acreage as may be

22 necessary to provide adequate ingress and egress to the

23 parcel.

24 (b) CONSIDERATION.—As consideration for the con25 veyance and easement under subsection (a), the City shall
674

HR 2401 EH

1 pay to the United States an amount equal to the fair mar2 ket value of the property to be conveyed and the fair mar3 ket value of the easement to be granted. The Secretary

4 shall determine fair market value, and such determination

5 shall be final.

6 (c) CONDITION OF CONVEYANCE.—The conveyance

7 authorized by subsection (a) shall be subject to the condi8 tion that the City may use the property conveyed only for

9 the following purposes:

10 (1) The maintenance, repair, storage, and

11 berthing of erosion control and beach replenishment

12 equipment and materiel, including a dredge.

13 (2) The berthing of police boats.

14 (3) The provision of operational and adminis15 trative personnel space related to the purposes speci16 fied in paragraphs (1) and (2).

17 (d) REVERSION.—All right, title and interest in and

18 to the property conveyed under subsection (a) (including

19 any improvements thereon) and the easement granted

20 under such subsection shall revert to the United States,

21 and the United States shall have the right of immediate

22 reentry on the property, if the Secretary determines—

23 (1) at any time, that the property conveyed

24 under subsection (a) is not being used for the pur25 poses specified in subsection (c); or
675

HR 2401 EH

1 (2) at the end of the 10-year period beginning

2 on the date of the conveyance, that no significant

3 improvements associated with such purposes have

4 been constructed on the property.

5 (e) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the property to be conveyed under

7 subsection (a) and the easement to be granted under such

8 subsection shall be determined by a survey satisfactory to

9 the Secretary. The cost of such survey shall be borne by

10 the City.

11 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the conveyance and easement under

14 subsection (a) as the Secretary determines are appropriate

15 to protect the interests of the United States.

16 SEC. 2827. RELEASE OF REVERSIONARY INTEREST, OLD

17 SPANISH TRAIL ARMORY, HARRIS COUNTY,

18 TEXAS.

19 (a) AUTHORITY TO RELEASE.—The Secretary of the

20 Army may release the reversionary interest of the United

21 States in and to approximately 6.89 acres of real property,

22 including improvements thereon, containing the Old Span23 ish Trail Armory in Harris County, Texas. The United

24 States acquired the reversionary interest by virtue of a

25 quitclaim deed dated June 18, 1936.
676

HR 2401 EH

1 (b) CONDITION.—The Secretary may effectuate the

2 release authorized in subsection (a) only after obtaining

3 satisfactory assurances that the State of Texas shall ob4 tain, in exchange for the real property referred to in sub5 section (a), a parcel of real property that—

6 (1) is at least equal in value to the real prop7 erty referred to in subsection (a), and

8 (2) beginning on the date on which the State

9 first obtains the new parcel of real property, is sub10 ject to the same restrictions and covenants with re11 spect to the United States as are applicable on the

12 date of the enactment of this Act to the real prop13 erty referred to in subsection (a).

14 (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The

15 exact acreage and legal descriptions of the real property

16 referred to in subsection (a) shall be determined by a sur17 vey satisfactory to the Secretary.

18 SEC. 2828. LEASE AND JOINT USE OF CERTAIN REAL PROP19 ERTY, MARINE CORPS BASE, CAMP PENDLE20 TON, CALIFORNIA.

21 (a) LEASE AUTHORIZED.—The Secretary of the

22 Navy may lease to Tri-Cities Municipal Water District,

23 a special governmental district of the State of California

24 (in the section referred to as the ‘‘district’’), such interests

25 in real property located on, under, and within the northern
677

HR 2401 EH

1 portion of the Marine Corps Base, Camp Pendleton, Cali2 fornia, as the Secretary determines to be necessary for the

3 district to develop, operate, and maintain water extraction

4 and distribution facilities for the mutual benefit of the dis5 trict and the base. The lease may be for a period of up

6 to 50 years, or such additional period as the Secretary

7 determines to be in the interests of the United States.

8 (b) CONSIDERATION.—As consideration for the lease

9 of real property under subsection (a), the district shall—

10 (1) construct, operate, and maintain such im11 provements as are necessary to fully develop the po12 tential of the lower San Mateo Water Basin for sus13 tained yield and storage of imported water for the

14 joint benefit of the district and the base;

15 (2) assume operating and maintenance respon16 sibilities for the existing water extraction, storage,

17 distribution, and related infrastructure within the

18 northern portion of the base; and

19 (3) pay to the United States, in the form of

20 cash or additional required services, an amount

21 equal to the amount, if any, by which the fair mar22 ket value of the real property interests leased under

23 subsection (a) exceeds the fair market value of the

24 services provided under paragraphs (1) and (2).
678

HR 2401 EH

1 (c) DETERMINATION OF FAIR MARKET VALUE.—The

2 Secretary shall establish a system of accounts to establish

3 the relative costs and benefits accruing to the district and

4 the United States under the lease under subsection (a)

5 and to ensure that the United States receives at least fair

6 market value, as determined by an independent appraisal

7 acceptable to the Secretary.

8 (d) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the lease under subsection (a) as

11 the Secretary determines are appropriate to protect the

12 interests of the United States.

13 SEC. 2829. LAND CONVEYANCE, CRANEY ISLAND FUEL

14 DEPOT, NAVAL SUPPLY CENTER, VIRGINIA.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Navy may convey to the City of Portsmouth, 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

19 real property consisting of approximately 135.7 acres, in20 cluding improvements thereon, comprising a portion of the

21 Craney Island Fuel Depot, Naval Supply Center, Norfolk,

22 Virginia.

23 (b) CONDITIONS OF CONVEYANCE.—(1) Inasmuch as

24 the City has used the real property referred to in sub25 section (a) as a landfill while the property has been in
679

HR 2401 EH

1 the ownership of the United States, the conveyance au2 thorized by subsection (a) shall be subject to the condition

3 that the City of Portsmouth accept the property as is, not4 withstanding the requirements specified in section 120(h)

5 of the Comprehensive Environmental Response, Com6 pensation, and Liability Act of 1980 (42 U.S.C. 9260(h)).

7 (2) Except as provided in paragraph (4), with respect

8 to the real property to be conveyed under subsection (a),

9 the United States shall not be subject to liability as a prior

10 owner or operator under section 107(a)(2) of the Com11 prehensive Environmental Response, Compensation, and

12 Liability Act of 1980 (42 U.S.C. 9607(a)(2)), section

13 7003 of the Solid Waste Disposal Act (42 U.S.C. 6973),

14 or any similar State or local environmental liability law

15 or regulation with respect to any release of hazardous sub16 stances or petroleum products from the landfill situated

17 on such property or arising out of the City’s use of the

18 property to operate a landfill.

19 (3) Except as provided in paragraph (4), the indem20 nification provisions contained in the third proviso in the

21 undesignated paragraph under the heading ‘‘ENVIRON22 MENTAL RESTORATION, DEFENSE’’ in title II of the De23 partment of Defense Appropriations Act, 1993 (Public

24 Law 102–396; 106 Stat. 1883) shall not apply with re25 spect to the presence, release, or threatened release of haz-
680

HR 2401 EH

1 ardous substances, pollutants, or contaminants resulting

2 from the use of the real property to be conveyed under

3 subsection (a) by the City as a landfill.

4 (4) Nothing in paragraph (2) or (3) alters any liabil5 ity of the United States with respect to—

6 (A) releases of hazardous substances or petro7 leum products from properties other than the real

8 property to be conveyed under subsection (a); or

9 (2) sites 3 and 12 located within the real prop10 erty to be conveyed under subsection (a).

11 (c) CONSIDERATION.—As consideration for the con12 veyance under subsection (a), the City shall pay to the

13 United States an amount equal to the fair market value

14 of the real property to be conveyed. The Secretary shall

15 determine the fair market value of the property. Such de16 termination shall be final.

17 (d) DEPOSIT OF PROCEEDS.—The Secretary shall de18 posit amounts received as consideration for the conveyance

19 under subsection (a) in the special account established

20 pursuant to section 204(h) of the Federal Property and

21 Administrative Services Act of 1949 (40 U.S.C. 485(h)).

22 (e) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the real property to be conveyed

24 under subsection (a) shall be determined by a survey satis-
681

HR 2401 EH

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 in7 terests of the United States and are agreed to by the City.

8 SEC. 2830. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of

10 the Navy may convey to Peck Iron and Metal Company,

11 Inc. (in this section referred to as ‘‘Peck’’), all right, title,

12 and interest of the United States in and to a parcel of

13 real property consisting of approximately 1.45 acres, in14 cluding improvements thereon, located in Portsmouth,

15 Virginia, that, on the date of the enactment of this Act,

16 is leased to Peck pursuant to Department of the Navy

17 lease N62470–91–RP–00261, effective August 1, 1991.

18 (b) CONSIDERATION.—As consideration for the con19 veyance 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

24 the special account established pursuant to section 204(h)
682

HR 2401 EH

1 of the Federal Property and Administrative Services Act

2 of 1949 (40 U.S.C. 485(h)).

3 (d) CONDITIONS.—Inasmuch as Peck has been the

4 only occupant of the property referred to in subsection (a)

5 while the property has been in the ownership of the United

6 States, the conveyance authorized by subsection (a) shall

7 be subject to the conditions that—

8 (1) Peck accept the property as is, notwith9 standing section 120(h) of the Comprehensive Envi10 ronmental Response, Compensation, and Liability

11 Act of 1980 (42 U.S.C. 9620(h)); and

12 (2) Peck indemnify the United States against

13 all liability in connection with any hazardous mate14 rials, substances, or conditions which may be found

15 on the 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 inter25 ests of the United States.
683

HR 2401 EH

1 SEC. 2834. 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

5 Secretary of the Army may convey to the Washington Gas

6 Company, Virginia, all right, title, and interest of the

7 United States in the following real property natural gas

8 system:

9 (1) All Government-owned utility fixtures,

10 structures, and improvements used to provide natu11 ral gas service to Fort Belvoir, Virginia, without the

12 underlying fee (land).

13 (2) Transfer includes a natural gas distribution

14 system consisting of approximately 15.6 miles of

15 natural gas distribution lines and other improve16 ments thereon and appurtenances thereto at Fort

17 Belvoir, Virginia.

18 (3) A utility easement and right of way appur19 tenant which may be necessary or appropriate to

20 provide for ingress and egress to and from the natu21 ral gas system and to satisfy any buffer zone re22 quirements imposed by any Federal or State agency.

23 (b) CONSIDERATION.—In consideration for the con24 veyance authorized in subsection (a), the Washington Gas

25 Company, shall—
684

HR 2401 EH

1 (1) accept the natural gas system to be con2 veyed under this section in its existing condition;

3 (2) provide natural gas service to Fort Belvoir,

4 Virginia, at a beneficial rate to the Government;

5 (3) comply with all applicable environmental

6 laws and regulations including any permit or license

7 requirements;

8 (4) not expand the existing on-post natural gas

9 distribution system unless approved by the Installa10 tion Commander or his or her designee;

11 (5) take over the responsibility for ownership,

12 maintenance, repair, safety inspections, and leak test

13 surveys for the entire Fort Belvoir natural gas dis14 tribution system; and

15 (6) upgrade natural gas system at no cost to

16 the Government based on anticipated fuel oil conver17 sions to natural gas.

18 (c) TERMS.—Conveyance specified in subsection (a)

19 shall be subject to negotiation by and approval of the Sec20 retary of the Army as determined by him to be in the best

21 interests of the United States.

22 (d) REVERSION.—If the Secretary of the Army deter23 mines at any time that the Washington Gas Company is

24 not complying with the conditions specified in this section,

25 all right, title, and interest in and to the natural gas sys-
685

HR 2401 EH

1 tem conveyed pursuant to subsection (a), including im2 provements to the natural gas system, shall revert to the

3 United States and the United States shall have the right

4 to access and operation of the natural gas system.

5 (e) DETERMINATION OF FAIR MARKET VALUE.—The

6 aggregate value of this transfer (value defined as benefits

7 to the Army), shall be certified by the Secretary to be of

8 equal or greater value than the fair market value of the

9 facility.

10 (f) DESCRIPTION OF PROPERTY.—The exact legal de11 scription of the equipment and facilities to be conveyed

12 pursuant to this section shall be determined by surveys

13 satisfactory to the Secretary. The cost of such surveys

14 shall be borne by the Washington Gas Company.

15 (g) ENVIRONMENTAL COMPLIANCE.—The Washing16 ton Gas Company, Virginia, shall be responsible for own17 ing, operating and installing natural gas distribution lines.

18 The Secretary of the Army will be responsible for clean19 up of any contaminated property prior to transfer pursu20 ant to the Comprehensive Environmental Response, Com21 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

22 seq.).
686

HR 2401 EH

1 SEC. 2832. TRANSFER OF WATER DISTRIBUTION SYSTEM AT

2 FORT LEE, VIRGINIA, TO THE AMERICAN

3 WATER COMPANY.

4 (a) CONVEYANCE.—Subject to subsection (b), the

5 Secretary of the Army may convey to the American Water

6 Company, Virginia, all right, title, and interest of the

7 United States in the following real property water system:

8 (1) All Government-owned utility fixtures,

9 structures, and improvements used to provide water

10 service and water distribution service to Fort Lee,

11 Virginia, without the underlying fee (land).

12 (2) Water system includes approximately 7

13 miles of transmission mains, 85 miles of distribution

14 and service lines, 416 fire hydrants, 3 elevated stor15 age tanks, 2 pumping stations and other improve16 ments thereon and appurtenances thereto at Fort

17 Lee, Virginia.

18 (3) A utility easement and right-of-way appur19 tenant which may be necessary or appropriate to

20 provide for ingress and egress to and from the water

21 system and to satisfy any buffer zone requirements

22 imposed by any Federal or State agency.

23 (b) CONSIDERATION.—In consideration for the con24 veyance authorized in subsection (a), the American Water

25 Company shall—
687

HR 2401 EH

1 (1) accept the water system to be conveyed

2 under this section in its existing condition;

3 (2) provide water service to Fort Lee, Virginia,

4 at a beneficial rate to the Government;

5 (3) comply with all applicable environmental

6 laws and regulations including any permit or license

7 requirements; and

8 (4) not expand the existing onpost water dis9 tribution system unless approved by the Installation

10 Commander or his or her designee.

11 (c) TERMS.—Conveyance specified in subsection (a)

12 shall be subject to negotiation by and approval of the Sec13 retary of the Army as determined by him to be in the best

14 interests of the United States.

15 (d) REVERSION.—If the Secretary of the Army deter16 mines at any time that the American Water Company is

17 not complying with the conditions specified in this section,

18 all right, title, and interest in and to the water system

19 conveyed pursuant to subsection (a), including improve20 ments to the water system, shall revert to the United

21 States and the United States shall have the right of access

22 and operation of the water system.

23 (e) DETERMINATION OF FAIR MARKET VALUE.—The

24 aggregate value of this transfer (value defined as benefits

25 to the Army), shall be certified by the Secretary to be of
688

HR 2401 EH

1 equal or greater value than the fair market value of the

2 facility.

3 (f) DESCRIPTION OF PROPERTY.—The exact legal de4 scription of the equipment and facilities to be conveyed

5 pursuant to this section shall be determined by surveys

6 satisfactory to the Secretary. The cost of such surveys will

7 be borne by the American Water Company.

8 (g) ENVIRONMENTAL COMPLIANCE.—The American

9 Water Company will be responsible for compliance with

10 all applicable environmental laws and regulations includ11 ing any permit or license requirements. The American

12 Water Company will be responsible for executing and con13 structing environmental betterments to the water system

14 as required by applicable law. The United States Army,

15 based on the availability of appropriated funding, will

16 share future environmental compliance costs based on a

17 pro rata share of the water distribution system as deter18 mined by the Secretary under subsection (c). The Army

19 will be responsible for cleanup of any contaminated prop20 erty prior to transfer pursuant to the Comprehensive En21 vironmental Response, Compensation, and Liability Act of

22 1980 (42 U.S.C. 9601 et seq.).
689

HR 2401 EH

1 SEC. 2833. TRANSFER OF WASTE WATER TREATMENT FA2 CILITY AT FORT PICKETT, VIRGINIA, TO

3 BLACKSTONE, VIRGINIA.

4 (a) CONVEYANCE.—Subject to subsection (b), the

5 Secretary of the Army may convey to the town of Black6 stone, Virginia (in this section referred to as the ‘‘town’’),

7 all right, title, and interest of the United States in the

8 following real property waste water treatment facility:

9 (1) A parcel of real property consisting of ap10 proximately 11.5 acres, including a waste water

11 treatment facility and other improvements thereon

12 and appurtenances thereto at Fort Pickett, Virginia.

13 (2) All utility easements and right-of-way ap14 purtenant which may be necessary or appropriate to

15 provide for ingress and egress to and from the facil16 ity and to satisfy any buffer zone requirements im17 posed by any Federal or State agency.

18 (b) CONSIDERATION.—In consideration for the con19 veyance authorized in subsection (a), the town shall—

20 (1) design and construct an environmental up21 grade to the existing plant to meet environmental

22 standards;

23 (2) provide waste water treatment service to

24 Fort Pickett, Virginia, at a beneficial rate to the

25 Government;
690

HR 2401 EH

1 (3) comply with all applicable environmental

2 laws and regulations, including any permit or license

3 requirements;

4 (4) reserve 75 percent of the existing Fort

5 Pickett, Virginia, waste water plant capacity for the

6 Army’s use at Fort Pickett, Virginia, should a fu7 ture need arise due to force realignment and mission

8 requirements; and

9 (5) become responsible for future environmental

10 cleanup of the facility in accordance with the Com11 prehensive Environmental Response, Compensation

12 and Liability Act resulting from customers other

13 than the United States Army.

14 (c) TERMS.—Conveyance specified in subsection (a)

15 shall be subject to negotiation by and approval of the Sec16 retary of the Army as determined by him to be in the best

17 interests of the United States.

18 (d) REVERSION.—If the Secretary of the Army deter19 mines at any time that the town is not complying with

20 the conditions specified in this section, all right, title, and

21 interest in and to the waste water treatment system con22 veyed pursuant to subsection (a), including improvements

23 to the waste water treatment system, shall revert to the

24 United States and the United States shall have the right
691

HR 2401 EH

1 of access and operation of the waste water treatment sys2 tem.

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 acreage

9 and legal description of the property to be conveyed pursu10 ant to this section shall be determined by surveys satisfac11 tory to the Secretary. The cost of such surveys shall be

12 borne by the town.

13 (g) ENVIRONMENTAL COMPLIANCE.—The town shall

14 be responsible for compliance with all applicable environ15 mental laws and regulations including any permit or li16 cense requirements. The town shall also be responsible for

17 executing and constructing environmental betterments to

18 the plan as required by applicable law. The United States

19 Army based on the availability of appropriated funding

20 and the town will share future environmental compliance

21 costs based on a pro rata share of reserved plant capacity

22 as determined by the Secretary under subsection (c). The

23 Army will be responsible for cleanup of any contaminated

24 property prior to transfer pursuant to the Comprehensive
692

HR 2401 EH

1 Environmental Response, Compensation, and Liability Act

2 of 1980 (42 U.S.C. 9601 et seq.).

3 SEC. 2834. TRANSFER OF WATER DISTRIBUTION SYSTEM

4 AND RESERVOIR AT STEWART ARMY

5 SUBPOST TO NEW WINDSOR, NEW YORK.

6 (a) CONVEYANCE.—Subject to subsection (b), the

7 Secretary of the Army may convey to the town of New

8 Windsor, New York (in this section referred to as the

9 ‘‘town’’), all right, title, and interest of the United States

10 in the following real property water system:

11 (1) All Government-owned utility fixtures,

12 structures, water reservoir, distribution plant, and

13 improvements currently used to provide water serv14 ice and water distribution service to Stewart Army

15 Subpost, New York, and the surrounding area, to in16 clude the underlying fee (land) of the reservoir and

17 the water treatment plan.

18 (2) Transfer also includes all water trans19 mission mains, water distribution and service lines,

20 fire hydrants, water pumping stations, and other im21 provements thereon and appurtenances thereto at

22 Stewart Army Subpost, New York.

23 (3) A utility easement and right-of-way appur24 tenant which may be necessary or appropriate to

25 provide for ingress and egress to and from the water
693

HR 2401 EH

1 system and to satisfy any buffer zone requirements

2 imposed by any Federal or State agency.

3 (b) CONSIDERATION.—In consideration for the con4 veyance authorized in subsection (a), the town shall—

5 (1) accept the water system to be conveyed

6 under this section in its existing conditions;

7 (2) provide water service to Stewart Army

8 Subpost, New York, at a beneficial rate to the Gov9 ernment;

10 (3) comply with all applicable environmental

11 laws and regulations including any permit or license

12 requirements; and

13 (4) not expand the existing on-post water serv14 ice system unless approved by the Installation Com15 mander or his or her designee.

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 town is not complying with

22 the conditions specified in this section, all right, title, and

23 interest in and to the water system conveyed pursuant to

24 subsection (a), including improvements to the water sys25 tem, shall revert to the United States and the United
694

HR 2401 EH

1 States shall have the right of access and operation of the

2 water 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

10 pursuant to this section shall be determined by surveys

11 satisfactory to the Secretary. The cost of such surveys will

12 be borne by the town.

13 (g) ENVIRONMENTAL COMPLIANCE.—The town will

14 be responsible for compliance with all applicable environ15 mental laws and regulations including any permit or li16 cense requirements. The town will be responsible for exe17 cuting and constructing environmental betterments to the

18 water system as required by applicable law. The United

19 States Army, based on the availability of appropriated

20 funding, will share future environmental compliance costs

21 based on a pro rata share of the water distribution system

22 as determined by the Secretary under subsection (c). The

23 Army will be responsible for cleanup of any contaminated

24 property prior to transfer pursuant to the Comprehensive
695

HR 2401 EH

1 Environmental Response, Compensation, and Liability Act

2 of 1980 (42 U.S.C. 9601 et seq.).

3 SEC. 2835. EXPANSION OF LAND TRANSACTION AUTHORITY

4 INVOLVING HUNTERS POINT NAVAL SHIP5 YARD, SAN FRANCISCO, CALIFORNIA.

6 Section 2824(a) of the Military Construction Author7 ization Act for Fiscal Year 1991 (division B of Public Law

8 101–510; 104 Stat. 1790) is amended by adding at the

9 end the following new paragraph:

10 ‘‘(3) In lieu of entering into a lease under paragraph

11 (1), the Secretary may convey the property described in

12 such paragraph to the City (or a local reuse organization

13 approved by the City) for such consideration and under

14 such terms as the Secretary considers to be appropriate.’’.

15 SEC. 2836. MODIFICATION OF LEASE AUTHORITY, NAVAL

16 SUPPLY CENTER, OAKLAND, CALIFORNIA.

17 (a) EXPANSION OF LEASE AUTHORITY.—Paragraph

18 (1) of subsection (b) of section 2834 of the Military Con19 struction Authorization Act for Fiscal Year 1993 (division

20 B of Public Law 102–484; 106 Stat. 2614) is amended

21 by striking out ‘‘not more than 195 acres of real property’’

22 and all that follows through the period and inserting in

23 lieu thereof ‘‘those portions of the Naval Supply Center,

24 Oakland, California, that the Secretary determines to be

25 available for lease.’’.
696

HR 2401 EH

1 (b) CONSIDERATION.—Paragraph (2) of such sub2 section is amended—

3 (1) by striking out ‘‘and’’ at the end of sub4 paragraph (A);

5 (2) by striking out the period at the end of sub6 paragraph (B) and inserting in lieu thereof ‘‘; and’’;

7 and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(C) be for nominal consideration.’’.

11 (c) CONFORMING AMENDMENTS.—Such subsection is

12 further amended—

13 (1) by striking out paragraphs (3), (4), and (5);

14 and

15 (2) by redesignating paragraph (6) as para16 graph (3).

17 SEC. 2837. LAND CONVEYANCE, IOWA ARMY AMMUNITION

18 PLANT, IOWA.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of

20 the Army may convey to the City of Middletown, Iowa (in

21 this section referred to as the ‘‘City’’), all right, title, and

22 interest of the United States in and to a tract of real prop23 erty (including improvements thereon) consisting of ap24 proximately 127 acres at the Iowa Army Ammunition
697

HR 2401 EH

1 Plant, Iowa. The conveyance shall be made at the request

2 of the City.

3 (b) CONSIDERATION.—As consideration for the con4 veyance under subsection (a), the City shall pay to the

5 United States an amount equal to the fair market value

6 of the property to be conveyed. The Secretary shall deter7 mine fair market value, and such determination shall be

8 final.

9 (c) LEGAL DESCRIPTION AND SURVEY.—The exact

10 acreage and legal description of the property authorized

11 to be conveyed under subsection (a) shall be determined

12 by a survey that is satisfactory to the Secretary.

13 (d) OTHER TERMS AND CONDITIONS.—The Sec14 retary may require such other terms and conditions with

15 respect to the conveyance as the Secretary considers ap16 propriate to protect the interests of the United States.

17 SEC. 2838. TRANSFER OF ELECTRIC POWER DISTRIBUTION

18 SYSTEM AT NAVAL AIR STATION, ALAMEDA,

19 CALIFORNIA, TO THE CITY OF ALAMEDA BU20 REAU OF ELECTRICITY.

21 (a) CONVEYANCE.—The Secretary of the Navy may

22 convey to the Bureau of Electricity of the City of Alameda,

23 California (in this section referred to as the ‘‘Bureau’’),

24 all right, title, and interest of the United States in and

25 to the electric power distribution system located at the
698

HR 2401 EH

1 Naval Air Station, Alameda, California, including such

2 utility easements and right of ways as may be necessary

3 or appropriate to provide for ingress and egress to and

4 from the system.

5 (b) CONSIDERATION.—(1) As consideration for the

6 conveyance authorized in subsection (a), the Bureau

7 shall—

8 (A) accept the system to be conveyed under this

9 section in its existing condition;

10 (B) provide electric power to the Naval Air Sta11 tion at a beneficial rate to the Government;

12 (C) comply with all applicable environmental

13 laws and regulations, including any permit or license

14 requirements;

15 (D) not expand the existing system without the

16 approval of the Secretary; and

17 (E) take over the responsibility for ownership,

18 operation, maintenance, repair, and safety inspec19 tions for the system.

20 (c) TERMS.—Conveyance specified in subsection (a)

21 shall be subject to negotiation by and approval of the Sec22 retary.

23 (d) REVERSION.—If the Secretary determines at any

24 time that the Bureau is not complying with the conditions

25 specified in this section, all right, title, and interest in and
699

HR 2401 EH

1 to the system conveyed pursuant to subsection (a), includ2 ing improvements to the system, shall revert to the United

3 States and the United States shall have the right to access

4 and operation of the system.

5 (e) DETERMINATION OF FAIR MARKET VALUE.—The

6 aggregate value of this conveyance (value defined as bene7 fits to the Navy), shall be certified by the Secretary to

8 be of equal or greater value than the fair market value

9 of the system.

10 (f) DESCRIPTION OF PROPERTY.—The exact legal de11 scription of the equipment and facilities to be conveyed

12 under this section shall be determined by surveys satisfac13 tory to the Secretary. The cost of such surveys shall be

14 borne by the Bureau.

15 (g) ADDITIONAL TERMS AND CONDITIONS.—The

16 Secretary may require such additional terms and condi17 tions in connection with the conveyance under subsection

18 (a) as the Secretary considers to be necessary to protect

19 the interests of the United States.

20 SEC. 2839. CONVEYANCE OF SURPLUS REAL PROPERTY,

21 FORT ORD, CALIFORNIA.

22 (a) CONVEYANCE.—The Secretary of the Army shall

23 convey to the Regents of the University of California and

24 the Trustees of the California State University (in this

25 section referred to as the ‘‘recipient institutions’’) all
700

HR 2401 EH

1 right, title, and interest of the United States in and to

2 certain parcels of real property located at Ford Ord, Cali3 fornia, and described in subsection (b). The conveyance

4 shall include all land and water rights applicable to the

5 parcels, all air quality permits to operate facilities and air

6 emission reduction credits applicable to the parcels, and

7 all infrastructure and improvements on the parcels.

8 (b) DESCRIPTION OF PARCELS.—The parcels to be

9 conveyed under subsection (a) shall either—

10 (1) substantially conform to the description of

11 the land and facilities in the Educational Public

12 Benefit Transfer Applications submitted by the re13 cipient institutions with regard to Fort Ord on or

14 before March 8, 1993, as supplemented or amended

15 through September 30, 1993; or

16 (2) consist of such alternative parcels as shall,

17 after negotiation, be mutually acceptable to the Sec18 retary and the recipient institutions.

19 (c) CONDITIONS.—The conveyance required by sub20 section (a) shall be subject to the following conditions:

21 (1) The recipient institutions shall accept the

22 conveyed parcels as is.

23 (2) The recipient institutions shall agree to pro24 vide the United States, its agents and assigns, ac25 cess to Fort Ord in order to conduct the ongoing
701

HR 2401 EH

1 Fort Ord Installation Restoration Program and to

2 comply with the responsibilities of the United States

3 under the amendments enacted by the Federal Facil4 ity Compliance Act of 1992 (Public Law 102–386;

5 106 Stat. 1505).

6 (3) The recipient institutions shall agree to en7 sure that they and their successors, agents, and as8 signs do not disrupt, destroy, or impede the remedial

9 actions performed at Fort Ord by the United States,

10 its agents or assigns.

11 (d) LEGAL DESCRIPTIONS AND SURVEYS.—The

12 exact acreage and legal description of the parcels to be

13 conveyed under subsection (a) shall be determined by sur14 veys satisfactory to the Secretary. The cost of such sur15 veys shall be borne by the recipient institutions.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection

19 (a) as the Secretary determines appropriate to protect the

20 interests of the United States.

21 Subtitle D—Other Matters

22 SEC. 2841. FLOOD CONTROL PROJECT.

23 (a) COYOTE AND BERRYESSA CREEKS, SANTA CLARA

24 COUNTY, CALIFORNIA.—The Secretary of the Army is di25 rected to construct a flood control project for Coyote and
702

HR 2401 EH

1 Berryessa Creeks in Santa Clara County, California, using

2 amounts appropriated for civil works activities of the

3 Corps of Engineers for fiscal year 1994.

4 (b) MAXIMUM COST REQUIREMENT.—Section 902 of

5 the Water Resources Development Act of 1986 (100 Stat.

6 4183) shall not apply with respect to the project described

7 in subsection (a).

8 SEC. 2842. USE OF ARMY CORPS OF ENGINEERS TO MAN9 AGE MILITARY CONSTRUCTION PROJECTS IN

10 HAWAII.

11 All military construction and military family housing

12 carried out in the State of Hawaii for the Armed Forces

13 and Defense Agencies using funds appropriated pursuant

14 to an authorization of appropriations contained in this di15 vision shall be designed and conducted through the use

16 of the Army Corps of Engineers.

17 SEC. 2843. SPECIAL RULE FOR MILITARY CONSTRUCTION

18 ON CERTAIN LANDS IN THE STATE OF HA19 WAII.

20 (a) CONSULTATION AND CONCURRENCE.—In the

21 case of any military construction project in the State of

22 Hawaii to be carried out at a military installation located

23 on public lands that were ceded to the United States by

24 the Republic of Hawaii under the joint resolution of an25 nexation approved July 7, 1898 (30 Stat. 750), or that
703

HR 2401 EH

1 have been acquired in exchange for such lands, the Sec2 retary concerned may not enter into any obligation or

3 make any expenditure in connection with the project until

4 the Secretary concerned has—

5 (1) consulted with the Governor of the State of

6 Hawaii regarding the purpose and extent of the

7 project; and

8 (2) obtained the written concurrence of the

9 Governor to proceed with the project.

10 (b) DEFINITIONS.—For purposes of this section:

11 (1) The term ‘‘Secretary concerned’’ means—

12 (A) the Secretary of Defense, in the case

13 of military construction functions (including

14 military family housing functions) of the De15 partment of Defense, other than the military

16 departments; and

17 (B) the Secretary of a military depart18 ment, in the case of military construction func19 tions (including military family housing func20 tions) of that department.

21 (2) The term ‘‘military installation’’ means any

22 base, camp, post, station, yard, center, homeport fa23 cility for any ship, or other activity under the juris24 diction of the Department of Defense.
704

HR 2401 EH

1 (3) The term ‘‘military construction’’ has the

2 meaning given that term in section 2801(a) of title

3 10, United States Code.

4 (c) APPLICATION.—This section shall apply with re5 spect to military construction projects described in sub6 section (a) for which appropriated funds are first obligated

7 after the date of the enactment of this Act.

8 DIVISION C—DEPARTMENT OF

9 ENERGY NATIONAL SECURITY

10 AUTHORIZATIONS AND

11 OTHER AUTHORIZATIONS

12 TITLE XXXI—DEPARTMENT OF

13 ENERGY NATIONAL SECURITY

14 PROGRAMS

15 Subtitle A—National Security

16 Programs Authorizations

17 SEC. 3101. WEAPONS ACTIVITIES.

18 (a) OPERATING EXPENSES.—Funds are hereby au19 thorized to be appropriated to the Department of Energy

20 for fiscal year 1994 for operating expenses incurred in car21 rying out weapons activities necessary for national secu22 rity programs in the amount of $3,662,954,000, to be allo23 cated as follows:

24 (1) For research and development,

25 $1,119,325,000.
705

HR 2401 EH

1 (2) For testing, $222,383,000.

2 (3) For stockpile support, $1,802,280,000.

3 (4) For program direction, $280,466,000.

4 (5) For complex reconfiguration, $138,500,000.

5 (6) For stockpile stewardship, $100,000,000.

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

11 in prior years, and land acquisition related thereto) in car12 rying out weapons activities necessary for national secu13 rity programs as follows:

14 Project GPD–101, general plant projects,

15 various locations, $11,500,000.

16 Project GPD–121, general plant projects,

17 various locations, $7,700,000.

18 Project 94–D–102, nuclear weapons re19 search, development, and testing facilities revi20 talization, Phase V, various locations,

21 $11,110,000.

22 Project 94–D–124, hydrogen fluoride sup23 ply system, Oak Ridge Y–12 Plant, Oak Ridge,

24 Tennessee, $5,000,000.
706

HR 2401 EH

1 Project 94–D–125, upgrade life safety,

2 Kansas City Plant, Kansas City, Missouri,

3 $1,000,000.

4 Project 94–D–127, emergency notification

5 system, Pantex Plant, Amarillo, Texas,

6 $1,000,000.

7 Project 94–D–128, environmental safety

8 and health analytical laboratory, Pantex Plant,

9 Amarillo, Texas, $800,000.

10 Project 93–D–102, Nevada support facil11 ity, North Las Vegas, Nevada, $4,000,000.

12 Project 93–D–122, life safety upgrades,

13 Y–12 Plant, Oak Ridge, Tennessee,

14 $5,000,000.

15 Project 93–D–123, complex–21, various lo16 cations, $25,000,000.

17 Project 92–D–102, nuclear weapons re18 search, development, and testing facilities revi19 talization, Phase IV, various locations,

20 $27,479,000.

21 Project 92–D–126, replace emergency noti22 fication systems, various locations,

23 $10,500,000.

24 Project 90–D–102, nuclear weapons re25 search, development, and testing facilities revi-
707

HR 2401 EH

1 talization, Phase III, various locations,

2 $30,805,000.

3 Project 88–D–106, nuclear weapons re4 search, development, and testing facilities revi5 talization, Phase II, various locations,

6 $39,624,000.

7 Project 88–D–122, facilities capability as8 surance program, various locations,

9 $27,100,000.

10 Project 88–D–123, security enhancements,

11 Pantex Plant, Amarillo, Texas, $20,000,000.

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 weapons activities necessary for

16 national security programs in the amount of

17 $123,034,000, to be allocated as follows:

18 (1) For research and development,

19 $82,879,000.

20 (2) For testing, $24,400,000.

21 (3) For stockpile support, $12,136,000.

22 (4) For program direction, $3,619,000.

23 (d) ADJUSTMENTS FOR SAVINGS.—The total amount

24 authorized to be appropriated pursuant to this section is

25 the sum of the amounts specified in subsections (a)
708

HR 2401 EH

1 through (c) reduced by $420,641,000 for use of prior year

2 balances.

3 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

4 MANAGEMENT.

5 (a) OPERATING EXPENSES.—Funds are hereby au6 thorized to be appropriated to the Department of Energy

7 for fiscal year 1994 for operating expenses incurred in car8 rying out environmental restoration and waste manage9 ment activities necessary for national security programs

10 in the amount of $4,832,213,000, to be allocated as fol11 lows:

12 (1) For corrective activities, $2,170,000.

13 (2) For environmental restoration,

14 $1,536,027,000.

15 (3) For waste management, $2,275,441,000.

16 (4) For technology development, $371,150,000.

17 (5) For transportation management,

18 $19,730,000.

19 (6) For program direction, $82,427,000.

20 (7) For facility transition, $545,268,000.

21 (b) PLANT PROJECTS.—Funds are hereby authorized

22 to be appropriated to the Department of Energy for fiscal

23 year 1994 for plant projects (including maintenance, res24 toration, planning, construction, acquisition, modification

25 of facilities, and the continuation of projects authorized
709

HR 2401 EH

1 in prior years, and land acquisition related thereto) in car2 rying out environmental restoration and waste manage3 ment activities necessary for national security programs

4 as follows:

5 Project GPD–171, general plant projects, var6 ious locations, $49,015,000.

7 Project 94–D–122, underground storage tanks,

8 Rocky Flats, Colorado, $700,000.

9 Project 94–D–400, high explosive wastewater

10 treatment system, Los Alamos National Laboratory,

11 Los Alamos, New Mexico, $1,000,000.

12 Project 94–D–401, emergency response facility,

13 Idaho National Engineering Laboratory, Idaho,

14 $1,190,000.

15 Project 94–D–402, liquid waste treatment sys16 tem, Nevada Test Site, Nevada, $491,000.

17 Project 94–D–404, Melton Valley storage tank

18 capacity increase, Oak Ridge National Laboratory,

19 Oak Ridge, Tennessee, $9,400,000.

20 Project 94–D–405, central neutralization facil21 ity pipeline extension project, K–25, Oak Ridge,

22 Tennessee, $1,714,000.

23 Project 94–D–406, low-level waste disposal fa24 cilities, K–25, Oak Ridge, Tennessee, $6,000,000.
710

HR 2401 EH

1 Project 94–D–407, initial tank retrieval sys2 tems, Richland, Washington, $7,000,000.

3 Project 94–D–408, office facilities—200 East,

4 Richland, Washington, $1,200,000.

5 Project 94–D–411, solid waste operation com6 plex, Richland, Washington, $7,100,000.

7 Project 94–D–412, 300 area process sewer pip8 ing upgrade, Richland, Washington, $1,100,000.

9 Project 94–D–414, site 300 explosive waste

10 storage facility, Lawrence Livermore National Lab11 oratory, Livermore, California, $370,000.

12 Project 94–D–415, medical facilities, Idaho Na13 tional Engineering Laboratory, Idaho, $1,110,000.

14 Project 94–D–416, solvent storage tanks instal15 lation, Savannah River, South Carolina, $1,500,000.

16 Project 94–D–417, intermediate level and low

17 activity waste vaults, Savannah River Site, Aiken,

18 South Carolina, $1,000,000.

19 Project 94–D–451, infrastructure replacement,

20 Rocky Flats Plant, Golden, Colorado, $6,600,000.

21 Project 93–D–172, electrical upgrade, Idaho

22 National Engineering Laboratory, Idaho,

23 $9,600,000.
711

HR 2401 EH

1 Project 93–D–174, plant drain waste water

2 treatment upgrades, Y–12 Plant, Oak Ridge, Ten3 nessee, $3,500,000.

4 Project 93–D–175, industrial waste compaction

5 facility, Y–12 Plant, Oak Ridge, Tennessee,

6 $1,800,000.

7 Project 93–D–176, Oak Ridge reservation stor8 age facility, K–25 Plant, Oak Ridge, Tennessee,

9 $6,039,000.

10 Project 93–D–177, disposal of K–1515 sanitary

11 water treatment plant waste, K–25 Plant, Oak

12 Ridge, Tennessee, $7,100,000.

13 Project 93–D–178, building 374 liquid waste

14 treatment facility, Rocky Flats, Golden, Colorado,

15 $1,000,000.

16 Project 93–D–181, radioactive liquid waste line

17 replacement, Richland, Washington, $6,700,000.

18 Project 93–D–182, replacement of cross-site

19 transfer system, Richland, Washington, $6,500,000.

20 Project 93–D–183, multi-tank waste storage fa21 cility, Richland, Washington, $52,615,000.

22 Project 93–D–184, 325 facility compliance/ren23 ovation, Richland, Washington, $3,500,000.
712

HR 2401 EH

1 Project 93–D–185, landlord program safety

2 compliance, Phase II, Richland, Washington,

3 $1,351,000.

4 Project 93–D–187, high-level waste removal

5 from filled waste tanks, Savannah River, Aiken,

6 South Carolina, $13,230,000.

7 Project 93–D–188, new sanitary landfill, Sa8 vannah River, Aiken, South Carolina, $1,020,000.

9 Project 92–D–125, master safeguards and secu10 rity agreement/materials surveillance task force se11 curity upgrades, Rocky Flats Plant, Golden, Colo12 rado, $3,900,000.

13 Project 92–D–172, hazardous waste treatment

14 and processing facility, Pantex Plant, Amarillo,

15 Texas, $300,000.

16 Project 92–D–173, nitrogen oxide abatement

17 facility, Idaho Chemical Processing Plant, Idaho Na18 tional Engineering Laboratory, Idaho, $10,000,000.

19 Project 92–D–177, tank 101–AZ waste re20 trieval system Richland, Washington, $7,000,000.

21 Project 92–D–181, INEL fire and life safety

22 improvements, Idaho National Engineering Labora23 tory, Idaho, $5,000,000.
713

HR 2401 EH

1 Project 92–D–182, INEL sewer system up2 grade, Idaho National Engineering Laboratory,

3 Idaho, $1,450,000.

4 Project 92–D–183, INEL transportation com5 plex, Idaho National Engineering Laboratory, Idaho,

6 $7,198,000.

7 Project 92–D–184, Hanford infrastructure un8 derground storage tanks, Richland, Washington,

9 $300,000.

10 Project 92–D–186, steam system rehabilitation,

11 Phase II, Richland, Washington, $4,300,000.

12 Project 92–D–187, 300 area electrical distribu13 tion, conversion, and safety improvements, Phase II,

14 Richland, Washington, $10,276,000.

15 Project 92–D–188, waste management ES&H,

16 and compliance activities, various locations,

17 $8,568,000.

18 Project 92–D–403, tank upgrade project, Law19 rence Livermore National Laboratory, California,

20 $3,888,000.

21 Project 91–D–171, waste receiving and process22 ing facility, module 1, Richland, Washington,

23 $17,700,000.
714

HR 2401 EH

1 Project 91–D–175, 300 area electrical distribu2 tion, conversion, and safety improvements, Phase I,

3 Richland, Washington, $1,500,000.

4 Project 90–D–172, aging waste transfer line,

5 Richland, Washington, $5,600,000.

6 Project 90–D–175, landlord program safety

7 compliance–I, Richland, Washington, $1,800,000.

8 Project 90–D–177, RWMC transuranic (TRU)

9 waste characterization and storage facility, Idaho

10 National Engineering Laboratory, Idaho,

11 $21,700,000.

12 Project 89–D–172, Hanford environmental

13 compliance, Richland, Washington, $11,700,000.

14 Project 89–D–173, tank farm ventilation up15 grade, Richland, Washington, $1,800,000.

16 Project 89–D–174, replacement high-level waste

17 evaporator, Savannah River, South Carolina,

18 $23,974,000.

19 Project 89–D–175, hazardous waste/mixed

20 waste disposal facility, Savannah River, South Caro21 lina, $7,000,000.

22 Project 88–D–173, Hanford waste vitrification

23 plant, Richland, Washington, $85,000,000.
715

HR 2401 EH

1 Project 87–D–181, diversion box and pump pit

2 containment buildings, Savannah River, South Caro3 lina, $2,137,000.

4 Project 86–D–103, decontamination and waste

5 treatment facility, Lawrence Livermore National

6 Laboratory, California, $10,260,000.

7 Project 83–D–148, nonradioactive hazardous

8 waste management, Savannah River, South Caro9 lina, $9,769,000.

10 Project 81–T–105, defense waste processing fa11 cility, Savannah River, South Carolina, $43,873,000.

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 environmental restoration and

16 waste management activities necessary for national secu17 rity programs in the amount of $203,826,000, to be allo18 cated as follows:

19 (1) For corrective activities, $600,000.

20 (2) For waste management, $138,781,000.

21 (3) For technology development, $29,850,000.

22 (4) For transportation management, $400,000.

23 (5) For program direction, $9,469,000.

24 (6) For facility transition and management,

25 $24,726,000.
716

HR 2401 EH

1 (d) ADJUSTMENTS.—The total amount authorized to

2 be appropriated pursuant to this section is the sum of the

3 amounts specified in subsections (a) through (c) reduced

4 by $299,100,000 for use of prior year balances and for

5 a general reduction.

6 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE7 FENSE PROGRAMS.

8 (a) OPERATING EXPENSES.—Funds are hereby au9 thorized to be appropriated to the Department of Energy

10 for fiscal year 1994 for operating expenses incurred in car11 rying out nuclear materials support and other defense pro12 grams necessary for national security programs in the

13 amount of $2,226,039,000, to be allocated as follows:

14 (1) For nuclear materials support,

15 $901,166,000.

16 (2) For verification and control technology,

17 $349,741,000.

18 (3) For nuclear safeguards and security,

19 $86,246,000.

20 (4) For security investigations, $53,335,000.

21 (5) For security evaluations, $14,961,000.

22 (6) For nuclear safety, $24,859,000.

23 (7) For worker training and adjustment,

24 $100,000,000.
717

HR 2401 EH

1 (8) For naval reactors, including enrichment

2 materials, $695,731,000.

3 (b) PLANT PROJECTS.—Funds are hereby authorized

4 to be appropriated to the Department of Energy for fiscal

5 year 1994 for plant projects (including maintenance, res6 toration, planning, construction, acquisition, modification

7 of facilities, and the continuation of projects authorized

8 in prior years, and land acquisition related thereto) in car9 rying out nuclear materials production and other defense

10 programs necessary for national security programs as fol11 lows:

12 (1) For materials support:

13 Project GPD–146, general plant projects,

14 various locations, $31,760,000.

15 Project 93–D–147, domestic water system

16 upgrade, Phases I and II, Savannah River,

17 South Carolina, $7,720,000.

18 Project 93–D–148, replace high-level drain

19 lines, Savannah River, South Carolina,

20 $1,800,000.

21 Project 93–D–152, environmental modi22 fication for production facilities, Savannah

23 River, South Carolina, $20,000,000.
718

HR 2401 EH

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 proc5 essing training center, Savannah River, South

6 Carolina, $8,900,000.

7 Project 92–D–143, health protection in8 strument 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 se24 curity and arms control, Sandia National Lab-
719

HR 2401 EH

1 oratories, Albuquerque, New Mexico,

2 $8,515,000.

3 (3) For naval reactors development:

4 Project GPN–101, general plant projects,

5 various locations, $7,500,000.

6 Project 93–D–200, engineering services fa7 cilities, Knolls Atomic Power Laboratory,

8 Niskayuna, New York, $7,000,000.

9 Project 92–D–200, laboratories facilities

10 upgrades, various locations, $2,800,000.

11 Project 90–N–102, expended core facility

12 dry cell project, Naval Reactors Facility, Idaho,

13 $7,800,000.

14 (c) CAPITAL EQUIPMENT.—Funds are hereby author15 ized to be appropriated to the Department of Energy for

16 fiscal year 1994 for capital equipment not related to con17 struction in carrying out nuclear materials production and

18 other defense programs necessary for national security

19 programs as follows:

20 (1) For materials support, $75,209,000.

21 (2) For verification and control technology,

22 $15,573,000.

23 (3) For nuclear safeguards and security,

24 $4,101,000.

25 (4) For nuclear safety, $50,000.
720

HR 2401 EH

1 (5) For naval reactors, $46,900,000.

2 (d) ADJUSTMENTS.—The total amount that may be

3 appropriated pursuant to this section is the sum of the

4 amounts specified in subsections (a) through (c)—

5 (1) reduced by—

6 (A) $100,000,000, for recovery of overpay7 ment to the Savannah River Pension Fund;

8 (B) $251,065,000, for use of prior year

9 balances for materials support and other de10 fense programs;

11 (C) $100,067,000, for use of prior year

12 balances for the new production reactor; and

13 (D) $110,000,000, for a general reduction;

14 and

15 (2) increased by $58,000,000 for education pro16 grams.

17 (e) ECONOMIC ADJUSTMENT ASSISTANCE.—Of the

18 amount provided under subsection (a)(7) for worker train19 ing and adjustment, $6,000,000 shall be available for pro20 viding economic assistance and development funding for

21 local counties or localities containing the property of the

22 Department of Energy defense nuclear facility known as

23 the Savannah River Site. To the extent practicable, the

24 amount of assistance to be provided should be distributed

25 as follows:
721

HR 2401 EH

1 (1) $1,000,000 to plan community adjustments

2 and economic diversification.

3 (2) $5,000,000 to carry out a community ad4 justments and economic diversification program.

5 (f) USE OF TECHNOLOGY TRANSFER FUNDS AT THE

6 SAVANNAH RIVER SITE.—Of amounts authorized to be

7 appropriated in section 3101 for research and develop8 ment and in this section for nuclear materials support and

9 other defense programs, there are hereby authorized to be

10 appropriated $4,000,000 for technology transfer activities

11 at the Department of Energy defense production facility

12 at the Savannah River Site, South Carolina.

13 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

14 Funds are authorized to be appropriated to the De15 partment of Energy for fiscal year 1994 for operating ex16 penses incurred in carrying out the nuclear waste fund

17 program in the amount of $120,000,000.

18 SEC. 3105. FUNDING USES AND LIMITATIONS.

19 (a) DEFENSE INERTIAL CONFINEMENT FUSION PRO20 GRAM.—Of the funds authorized to be appropriated to the

21 Department of Energy for fiscal year 1994 for operating

22 expenses and plant and capital equipment, $188,413,000

23 shall be available for the defense inertial confinement fu24 sion program.
722

HR 2401 EH

1 (b) PAYMENT OF PENALTY.—The Secretary of En2 ergy may pay to the Hazardous Substance Superfund,

3 from funds appropriated to the Department of Energy for

4 environmental restoration and waste management activi5 ties pursuant to section 3102, a stipulated civil penalty

6 in the amount of $100,000 assessed in accordance with

7 Article XIX of the Hanford Consent Agreement and Com8 pliance Order.

9 (c) CERTAIN WATER MANAGEMENT PROGRAMS.—

10 From funds authorized to be appropriated pursuant to

11 section 3102 to the Department of Energy for environ12 mental restoration and waste management activities, the

13 Secretary of Energy may reimburse the cities of West14 minster, Broomfield, Thornton, and Northglen, in the

15 State of Colorado, $11,300,000 for the cost of implement16 ing water management programs.

17 (d) TECHNOLOGY TRANSFER ACTIVITIES.—(1)(A)

18 The Secretary of Energy may use for technology transfer

19 activities described in subparagraph (B) funds appro20 priated or otherwise made available to the Department of

21 Energy for fiscal year 1994 for stockpile support under

22 section 3101 and for nuclear materials support and other

23 defense programs under section 3103.

24 (B) The technology transfer activities that may be

25 funded under this paragraph are those that are deter-
723

HR 2401 EH

1 mined by the Secretary of Energy to facilitate the mainte2 nance and enhancement of critical skills required for re3 search on, and development of, any dual-use critical tech4 nology.

5 (2) The Secretary of Energy shall conduct the tech6 nology transfer activities funded under paragraph (1) in

7 accordance with applicable laws and regulations relating

8 to grants, contracts, and cooperative agreements of the

9 Department of Energy, including the Stevenson-Wydler

10 Technology Innovation Act of 1980 (15 U.S.C. 3701 et

11 seq.), the National Competitiveness Technology Transfer

12 Act of 1989 (Public Law 101–189; 103 Stat. 1674), and

13 section 3136 of the National Defense Authorization Act

14 for Fiscal Years 1992 and 1993 (Public Law 102–190;

15 105 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–

20 190; 105 Stat. 1577).

21 (4) Section 12(d) of the Stevenson-Wydler Act of

22 1980 (15 U.S.C. 3710a(d)) is amended—

23 (A) in paragraph (2)(B)—
724

HR 2401 EH

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

16 that is operated for national security purposes and

17 is engaged in the production of a nuclear weapon or

18 its 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 De23 velopment Appropriations Act, 1993 (Public Law

24 102–377; 106 Stat. 1345) places severe restrictions
725

HR 2401 EH

1 on the underground testing of a nuclear weapon by

2 the United States.

3 (B) The use of low-yield nuclear weapons

4 threatens to blur the distinction between nuclear and

5 non-nuclear conflict.

6 (2) It shall be the policy of the United States not

7 to conduct research and development of new low-yield nu8 clear weapons, including the precision low-yield warhead.

9 (3) No funds appropriated pursuant to this Act or

10 any other Act in any fiscal year may be used to conduct

11 or provide for the research and development of any low12 yield nuclear weapon which, as of the date of the enact13 ment of this 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 of less

16 than five kilotons.

17 Subtitle B—Recurring General

18 Provisions

19 SEC. 3121. REPROGRAMMING.

20 (a) NOTICE TO CONGRESS.—

21 (1) Except as otherwise provided in this title—

22 (A) no amount appropriated pursuant to

23 this title may be used for any program in excess

24 of the lesser of—
726

HR 2401 EH

1 (i) 105 percent of the amount author2 ized for that program by this title; or

3 (ii) $10,000,000 more than the

4 amount authorized for that program by

5 this title; and

6 (B) no amount appropriated pursuant to

7 this title may be used for any program which

8 has not been presented to, or requested of, the

9 Congress.

10 (2) An action described in paragraph (1) may

11 not be taken until—

12 (A) the Secretary of Energy has submitted

13 to the congressional defense committees a re14 port containing a full and complete statement

15 of the action proposed to be taken and the facts

16 and circumstances relied upon in support of

17 such proposed action; and

18 (B) a period of 30 days has elapsed after

19 the date on which the report is received by the

20 committees.

21 (3) In the computation of the 30-day period

22 under paragraph (2), there shall be excluded any

23 day on which either House of Congress is not in ses24 sion because of an adjournment of more than 3 cal25 endar days to a day certain.
727

HR 2401 EH

1 (b) LIMITATION ON AMOUNT OBLIGATED.—In no

2 event may the total amount of funds obligated pursuant

3 to this title exceed the total amount authorized to be ap4 propriated by this title.

5 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

6 (a) IN GENERAL.—The Secretary of Energy may

7 carry out any construction project under the general plant

8 projects provisions authorized by this title if the total esti9 mated cost of the construction project does not exceed

10 $1,200,000.

11 (b) REPORT TO CONGRESS.—If, at any time during

12 the construction of any general plant project authorized

13 by this title, the estimated cost of the project is revised

14 because of unforeseen cost variations and the revised cost

15 of the project exceeds $1,200,000, the Secretary shall im16 mediately furnish a complete report to the congressional

17 defense committees explaining the reasons for the cost

18 variation.

19 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

20 (a) IN GENERAL.—

21 (1) Except as provided in paragraph (2), con22 struction on a construction project may not be start23 ed or additional obligations incurred in connection

24 with the project above the total estimated cost,

25 whenever the current estimated cost of the construc-
728

HR 2401 EH

1 tion project, which is authorized by sections 3101,

2 3102, 3103, and 3104 of this title, or which is in

3 support of national security programs of the Depart4 ment of Energy and was authorized by any previous

5 Act, exceeds by more than 25 percent the higher

6 of—

7 (A) the amount authorized for the project;

8 or

9 (B) the amount of the total estimated cost

10 for the project as shown in the most recent

11 budget justification data submitted to Congress.

12 (2) An action described in paragraph (1) may

13 be taken if—

14 (A) the Secretary of Energy has submitted

15 to the congressional defense committees a re16 port on the actions and the circumstances mak17 ing such actions necessary; and

18 (B) a period of 30 days has elapsed after

19 the date on which the report is received by the

20 committees.

21 (3) In the computation of the 30-day period

22 under paragraph (2), there shall be excluded any

23 day on which either House of Congress is not in ses24 sion because of an adjournment of more than 3 cal25 endar days to a day certain.
729

HR 2401 EH

1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 any construction project which has a current estimated

3 cost of less than $5,000,000.

4 SEC. 3124. FUND TRANSFER AUTHORITY.

5 Funds appropriated pursuant to this title may be

6 transferred to other agencies of the Government for the

7 performance of the work for which the funds were appro8 priated, and funds so transferred may be merged with the

9 appropriations of the agency to which the funds are trans10 ferred.

11 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

12 (a) IN GENERAL.—

13 (1) Within the amounts authorized by this title

14 for plant engineering and design, the Secretary of

15 Energy may carry out advance planning and con16 struction design (including architectural and engi17 neering services) in connection with a proposed con18 struction project for a national security program if

19 the total estimated cost for such planning and de20 sign does not exceed $2,000,000.

21 (2) In the case of any such project in which the

22 total estimated cost for advance planning and design

23 exceeds $300,000, the Secretary shall notify the con24 gressional defense committees in writing of the de25 tails of such project at least 30 days before any
730

HR 2401 EH

1 funds are obligated for design services for such

2 project.

3 (b) SPECIFIC AUTHORITY REQUIRED.—In any case

4 in which the total estimated cost for advance planning and

5 construction design in connection with any such construc6 tion project exceeds $2,000,000, funds for such planning

7 and design must be specifically authorized by law.

8 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE9 SIGN, AND CONSTRUCTION ACTIVITIES.

10 (a) AUTHORITY.—The Secretary of Energy may use

11 any funds available to the Department of Energy, includ12 ing those funds authorized to be appropriated for advance

13 planning and construction design under sections 3101,

14 3102, 3103, 3104, to perform planning, design, and con15 struction activities for any Department of Energy defense

16 activity construction project that, as determined by the

17 Secretary, must proceed expeditiously in order to protect

18 public health and safety, meet the needs of national de19 fense, or protect property.

20 (b) LIMITATION.—The Secretary may not exercise

21 the authority under subsection (a) in the case of any con22 struction project until the Secretary has submitted to the

23 congressional defense committees a report on the activities

24 that the Secretary intends to carry out under this section

25 and the circumstances making such activities necessary.
731

HR 2401 EH

1 (c) SPECIFIC AUTHORITY.—The requirement of sec2 tion 3125(b) does not apply to emergency planning, de3 sign, and construction activities conducted under this sec4 tion.

5 (d) REPORT.—The Secretary of Energy shall prompt6 ly report to the congressional defense committees any ex7 ercise of authority under this section.

8 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU9 RITY PROGRAMS OF THE DEPARTMENT OF

10 ENERGY.

11 Subject to the provisions of appropriation Acts and

12 section 3121, amounts appropriated pursuant to this title

13 for management and support activities and for general

14 plant projects are available for use, when necessary, in

15 connection with all national security programs of the De16 partment of Energy.

17 SEC. 3128. AVAILABILITY OF FUNDS.

18 When so specified in an appropriation Act, amounts

19 appropriated for operating expenses or for plant and cap20 ital equipment may remain available until expended.
732

HR 2401 EH

1 Subtitle C—Other Provisions

2 SEC. 3131. IMPROVED CONGRESSIONAL OVERSIGHT OF DE3 PARTMENT OF ENERGY SPECIAL ACCESS

4 PROGRAMS.

5 (a) IN GENERAL.—Chapter 9 of the Atomic Energy

6 Act of 1954 (42 U.S.C. 2121 et seq.) is amended by add7 ing at the end the following new section:

8 ‘‘SEC. 93. CONGRESSIONAL OVERSIGHT OF SPECIAL AC9 CESS PROGRAMS.

10 ‘‘(a) ANNUAL REPORT ON SPECIAL ACCESS PRO11 GRAMS.—

12 ‘‘(1) IN GENERAL.—Not later than February 1

13 of each year, the Secretary of Energy shall submit

14 to the congressional defense committees a report on

15 special access programs of the Department of En16 ergy carried out under the atomic energy defense ac17 tivities of the Department.

18 ‘‘(2) MATTERS TO BE INCLUDED.—Each such

19 report 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:
733

HR 2401 EH

1 ‘‘(i) A brief description of the pro2 gram.

3 ‘‘(ii) A brief discussion of the major

4 milestones established for the program.

5 ‘‘(iii) The actual cost of the program

6 for each fiscal year during which the pro7 gram has been conducted before the fiscal

8 year during which that budget is submit9 ted.

10 ‘‘(iv) The estimated total cost of the

11 program and the estimated cost of the pro12 gram for (I) the current fiscal year, (II)

13 the fiscal year for which the budget is sub14 mitted, and (III) each of the four succeed15 ing fiscal years during which the program

16 is expected to be conducted.

17 ‘‘(b) ANNUAL REPORT ON NEW SPECIAL ACCESS

18 PROGRAMS.—

19 ‘‘(1) IN GENERAL.—Not later than February 1

20 of each year, the Secretary of Energy shall submit

21 to the congressional defense committees a report

22 that, with respect to each new special access pro23 gram, provides—

24 ‘‘(A) notice of the designation of the pro25 gram as a special access program; and
734

HR 2401 EH

1 ‘‘(B) justification for such designation.

2 ‘‘(2) MATTERS TO BE INCLUDED.—A report

3 under paragraph (1) with respect to a program shall

4 include—

5 ‘‘(A) the current estimate of the total pro6 gram cost for the program; and

7 ‘‘(B) an identification of existing programs

8 or technologies that are similar to the tech9 nology, or that have a mission similar to the

10 mission, of the program that is the subject of

11 the notice.

12 ‘‘(3) NEW SPECIAL ACCESS PROGRAM DE13 FINED.—In this subsection, the term ‘new special

14 access program’ means a special access program

15 that has not previously been covered in a notice and

16 justification under this subsection.

17 ‘‘(c) REPORTS ON CHANGES IN CLASSIFICATION OF

18 SPECIAL ACCESS PROGRAMS.—

19 ‘‘(1) NOTICE TO CONGRESSIONAL COMMIT20 TEES.—Whenever a change in the classification of a

21 special access program of the Department of Energy

22 is planned to be made or whenever classified infor23 mation concerning a special access program of the

24 Department of Energy is to be declassified and

25 made public, the Secretary of Energy shall submit to
735

HR 2401 EH

1 the congressional defense committees a report con2 taining a description of the proposed change, the

3 reasons for the proposed change, and notice of any

4 public announcement planned to be made with re5 spect to the proposed change.

6 ‘‘(2) TIME FOR NOTICE.—Except as provided in

7 paragraph (3), any report referred to in paragraph

8 (1) shall be submitted not less than 14 days before

9 the date on which the proposed change or public an10 nouncement is to occur.

11 ‘‘(3) TIME WAIVER FOR EXCEPTIONAL CIR12 CUMSTANCES.—If the Secretary determines that be13 cause of exceptional circumstances the requirement

14 of paragraph (2) cannot be met with respect to a

15 proposed change or public announcement concerning

16 a special access program of the Department of En17 ergy, the Secretary may submit the report required

18 by paragraph (1) regarding the proposed change or

19 public announcement at any time before the pro20 posed change or public announcement is made and

21 shall include in the report an explanation of the ex22 ceptional circumstances.

23 ‘‘(d) NOTICE OF CHANGE IN SAP DESIGNATION CRI24 TERIA.—Whenever there is a modification or termination

25 of the policy and criteria used for designating a program
736

HR 2401 EH

1 of the Department of Energy as a special access program,

2 the Secretary of Energy shall promptly notify the congres3 sional defense committees of such modification or termi4 nation. Any such notification shall contain the reasons for

5 the modification or termination and, in the case of a modi6 fication, the provisions of the policy as modified.

7 ‘‘(e) WAIVER AUTHORITY.—

8 ‘‘(1) IN GENERAL.—The Secretary of Energy

9 may waive any requirement under subsection (a),

10 (b), or (c) that certain information be included in a

11 report under that subsection if the Secretary deter12 mines that inclusion of that information in the re13 port would adversely affect the national security.

14 Any such waiver shall be made on a case-by-case

15 basis.

16 ‘‘(2) LIMITED NOTICE REQUIRED.—If the Sec17 retary exercises the authority provided under para18 graph (1), the Secretary shall provide the informa19 tion described in that subsection with respect to the

20 special access program concerned, and the justifica21 tion for the waiver, jointly to the chairman and

22 ranking minority member of each of the congres23 sional defense committees.
737

HR 2401 EH

1 ‘‘(f) REPORT AND WAIT FOR INITIATING NEW PRO2 GRAMS.—A special access program may not be initiated

3 until—

4 ‘‘(1) the congressional defense committees are

5 notified of the program; and

6 ‘‘(2) a period of 30 days elapses after such noti7 fication is received.

8 ‘‘(g) CONGRESSIONAL DEFENSE COMMITTEES DE9 FINED.—In this section, the term ‘congressional defense

10 committees’ means the Committees on Armed Services

11 and the Committees on Appropriations of the Senate and

12 House of Representatives.’’.

13 (b) CLERICAL AMENDMENT.—The table of contents

14 at the beginning of the Atomic Energy Act of 1954 is

15 amended by inserting after the item relating to section 92

16 the following new item:

‘‘Sec. 93. Congressional oversight of special access programs.’’.

17 SEC. 3132. BASELINE ENVIRONMENTAL MANAGEMENT RE18 PORTS.

19 (a) ENVIRONMENTAL RESTORATION REPORT.—At

20 the same time the President submits to the Congress the

21 budget for each fiscal year, the Secretary of Energy shall

22 submit to the Congress a report on the activities and

23 projects necessary to complete the environmental restora24 tion of all Department of Energy defense nuclear facilities

25 not later than the year 2019.
738

HR 2401 EH

1 (b) WASTE MANAGEMENT REPORT.—Not later than

2 30 days after the date on which the President submits

3 to the Congress the budget for each fiscal year, the Sec4 retary of Energy shall submit to the Congress a report

5 on all activities and projects for waste management, de6 contamination and decommissioning, and technology re7 search and development that are necessary for Depart8 ment of Energy defense nuclear facilities through the year

9 2019.

10 (c) CONTENTS OF REPORTS.—A report required

11 under subsection (a) or (b) shall be based on compliance

12 with all applicable provisions of law and shall—

13 (1) provide the estimated total cost of, and the

14 complete schedule for, the activities and projects

15 covered by the report; and

16 (2) with respect to each such activity and

17 project, contain—

18 (A) a description of the activity or project;

19 (B) a description of the problem addressed

20 by the activity or project;

21 (C) the proposed remediation of the prob22 lem, if the remediation is known or decided;

23 (D) the estimated cost to complete the ac24 tivity or project, including, where appropriate,

25 the cost for every five-year increment; and
739

HR 2401 EH

1 (E) the estimated date for completion of

2 the project or activity, including, where appro3 priate, progress milestones for every five-year

4 increment.

5 (d) ANNUAL STATUS AND VARIANCE REPORT.—(1)

6 The Secretary of Energy shall annually submit to the Con7 gress, at the same time the President submits to the Con8 gress the budget for a fiscal year (pursuant to section

9 1105 of title 31, United States Code), a status and vari10 ance report on environmental restoration and waste man11 agement activities and projects at Department of Energy

12 defense nuclear facilities. The status and variance report

13 shall contain the following:

14 (A) Information on each such activity and

15 project for which funds were appropriated for the

16 fiscal year immediately prior to the fiscal year dur17 ing which the status report is submitted, including

18 the following:

19 (i) Information on whether or not the ac20 tivity or project has been completed, and infor21 mation on the estimated date of completion for

22 activities or projects that have not been com23 pleted.

24 (ii) The total amount of funds expended

25 for the activity or project, including the amount
740

HR 2401 EH

1 of funds expended from amounts made available

2 as the result of supplemental appropriations or

3 a transfer of funds, and an estimate of the total

4 amount of funds required to complete the activ5 ity or project.

6 (iii) Information on whether the President

7 requested in the budget an amount of funds for

8 the activity or project for the fiscal year during

9 which the status report is submitted, and

10 whether such funds were appropriated or trans11 ferred.

12 (iv) An explanation of the reasons for any

13 projected cost variance of more than 10 percent

14 or $10,000,000, or any schedule delay of more

15 than six months, for the activity or project.

16 (B) A disaggregation of the funds appropriated

17 for Department of Energy defense environmental

18 restoration and waste management, for the fiscal

19 year during which the status report is submitted,

20 into the activities and projects (including discrete

21 parts of multi-year activities and projects) that the

22 Secretary of Energy expects to accomplish during

23 that fiscal year.

24 (C) A disaggregation of the Department of En25 ergy defense environmental restoration and waste
741

HR 2401 EH

1 management budget request for the fiscal year for

2 which the budget is submitted into the activities and

3 projects (including discrete parts of multi-year ac4 tivities and projects) that the Secretary of Energy

5 expects to accomplish during that fiscal year.

6 (2) The first annual report required under paragraph

7 (1) shall be submitted at the same time the President sub8 mits to the Congress the budget for fiscal year 1995. A

9 subsequent annual report under this subsection shall be

10 submitted for each fiscal year following fiscal year 1995

11 during which the Secretary of Energy conducts environ12 mental restoration activities and projects.

13 (e) COMPLIANCE TRACKING.—In preparing a report

14 under this section, the Secretary of Energy shall provide

15 with respect to each activity and project identified in the

16 report information which is sufficient to track the Depart17 ment of Energy’s compliance with relevant Federal and

18 State regulatory milestones.

19 SEC. 3133. EXPANSION OF AUTHORITY TO LOAN PERSON20 NEL AND FACILITIES.

21 (a) AUTHORITY TO LOAN PERSONNEL.—Subsection

22 (a)(1)(A) of section 1434 of the National Defense Author23 ization Act, Fiscal Year 1989 (Public Law 100–456; 102

24 Stat. 2074) is amended—
742

HR 2401 EH

1 (1) in clause (i), by striking out ‘‘and’’ after the

2 semicolon;

3 (2) in clause (ii), by striking out the period and

4 inserting in lieu thereof ‘‘; and’’; and

5 (3) by adding after clause (ii) the following new

6 clause:

7 ‘‘(iii) at the Savannah River Site, South Caro8 lina, to loan personnel in accordance with this sec9 tion to the community development organization

10 known as the Savannah River Regional Diversifica11 tion Initiative.’’.

12 (b) PURPOSE.—Subsection (a)(1)(B) of such section

13 is amended by striking out ‘‘the Hanford Reservation and

14 the Idaho National Engineering Laboratory’’ and insert15 ing in lieu thereof ‘‘the Hanford Reservation, the Idaho

16 National Engineering Laboratory, and the Savannah

17 River Site’’.

18 (c) AUTHORITY TO LOAN FACILITIES.—Subsection

19 (b) of such section is amended by striking out ‘‘or the

20 Idaho National Engineering Laboratory, Idaho,’’ and in21 serting in lieu thereof ‘‘the Idaho National Engineering

22 Laboratory, Idaho, and the Savannah River Site, South

23 Carolina,’’.

24 (d) DURATION OF PROGRAM.—Subsection (c) of such

25 program is amended by striking out ‘‘terminate on’’ and
743

HR 2401 EH

1 all that follows through the period and inserting in lieu

2 thereof the following: ‘‘terminate on—

3 ‘‘(1) September 30, 1993, with respect to the

4 Hanford Reservation;

5 ‘‘(2) September 30, 1994, with respect to the

6 Idaho National Engineering Laboratory; and

7 ‘‘(3) September 30, 1995, with respect to the

8 Savannah River Site.’’.

9 SEC. 3134. MODIFICATION OF PAYMENT PROVISION.

10 Section 1532(a) of the Department of Defense Au11 thorization Act, 1986 (42 U.S.C. 2391 note), is amended

12 by striking out ‘‘1996’’ and inserting in lieu thereof

13 ‘‘1995’’.

14 SEC. 3135. STOCKPILE STEWARDSHIP PROGRAM.

15 (a) ESTABLISHMENT.—The Secretary of Energy

16 shall establish a stewardship program to ensure the pres17 ervation of the core intellectual and technical competencies

18 of the United States in nuclear weapons, including weap19 ons design, system integration, manufacturing, security,

20 use control, reliability assessment, and certification.

21 (b) PROGRAM ELEMENTS.—The program shall in22 clude the following:

23 (1) An increased level of effort for advanced

24 computational capabilities to enhance the simulation

25 and modeling capabilities of the United States.
744

HR 2401 EH

1 (2) An increased level of effort for above2 ground experimental programs, such as

3 hydrotesting, high-energy lasers, inertial confine4 ment fusion, plasma physics and materials research.

5 (3) Support for new facilities construction

6 projects that contribute to the experimental capabili7 ties of the United States, such as an advanced

8 hydrodynamics facility, the National Ignition Facil9 ity, and other facilities for above-ground experiments

10 to assess weapon effects.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Of funds

12 authorized to be appropriated to the Secretary of Energy

13 for fiscal year 1994 for weapons activities, $100,000,000

14 shall be available for the stewardship program established

15 in subsection (a).

16 SEC. 3136. COUNTER-PROLIFERATION PROGRAM.

17 (a) ESTABLISHMENT.—The Secretary of Energy,

18 with the concurrence of the Secretary of Defense and the

19 Secretary of State, shall establish a program to counter

20 the increasing threat of nuclear weapons proliferation.

21 (b) PROGRAM ELEMENTS.—The program established

22 pursuant to subsection (a) shall include the following:

23 (1) Ongoing counter-proliferation efforts within

24 the national security programs of the Department of

25 Energy.
745

HR 2401 EH

1 (2) The establishment of a database and track2 ing system to account for production, storage, and

3 usage of weapons-grade plutonium, uranium, and

4 tritium in the newly independent states of the

5 former Soviet Union and in other states, as appro6 priate.

7 (3) Increased research and development with

8 respect to the detection and disablement of terrorist

9 weapons.

10 (4) Increased support for—

11 (A) weapons dismantlement and storage;

12 and

13 (B) information and intelligence gathering

14 on world-wide nuclear arsenals, nuclear weap15 ons development programs, and related nuclear

16 programs.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Of funds

18 authorized to be appropriated to the Secretary of Energy

19 for fiscal year 1994 for operating expenses for verification

20 and control technology, $5,000,000 shall be available for

21 the establishment of the database and tracking system re22 ferred to in subsection (b)(2).
746

HR 2401 EH

1 SEC. 3137. LIMITATIONS ON THE RECEIPT AND STORAGE

2 OF SPENT NUCLEAR FUEL FROM FOREIGN

3 RESEARCH REACTORS.

4 (a) PURPOSE.—It is the purpose of this section to

5 regulate the receipt and storage of spent nuclear fuel at

6 the Department of Energy defense nuclear facility located

7 at the Savannah River Site, South Carolina.

8 (b) RECEIPT IN EMERGENCY SITUATIONS.—(1)

9 When the Secretary of Energy determines that emergency

10 circumstances make it necessary to receive spent nuclear

11 fuel referred to in paragraph (2), the Secretary shall sub12 mit a notification of that determination to the Committees

13 on Armed Services of the Senate and House of Represent14 atives. The Secretary may not receive the spent nuclear

15 fuel at the Savannah River Site until 30 days (as com16 puted in paragraph (3)) have expired following the date

17 on which the notification is received by such committees.

18 (2) The spent nuclear fuel referred to in paragraph

19 (1) is nuclear fuel that—

20 (A) is originally exported to a foreign country

21 from the United States in the form of highly en22 riched uranium; and

23 (B) is used in a research reactor by the Govern24 ment of a foreign country or by a foreign-owned or

25 foreign-controlled entity.
747

HR 2401 EH

1 (3) For purposes of paragraph (1), days on which ei2 ther House is not in session because of an adjournment

3 of more than 3 days to a day certain or because of an

4 adjournment sine die shall be excluded in the computation

5 of such 30-day period.

6 (c) LIMITATION ON STORAGE.—The Secretary of En7 ergy may not receive and store at the Department of En8 ergy defense nuclear facility located at Savannah River

9 Site, South Carolina any spent nuclear fuel referred to in

10 subsection (b)(2) in excess of the amount that is the ca11 pacity of such fuel that may be received and stored at such

12 facility, until the completion of an environmental impact

13 statement (and the signing by the Secretary of a record

14 of decision following such completion) under section

15 102(2)(c) of the National Environmental Policy Act of

16 1969 (42 U.S.C. 4332(2)(c)) with respect to the receipt

17 and storage of spent nuclear fuel from foreign research

18 reactors.

19 SEC. 3138. CONTRACT GOAL FOR SMALL DISADVANTAGED

20 BUSINESSES AND CERTAIN INSTITUTIONS OF

21 HIGHER EDUCATION.

22 (a) GOAL.—Except as provided in subsection (c), a

23 goal of 5 percent of the amount described in subsection

24 (b) shall be the objective of the Department of Energy

25 in carrying out national security programs of the Depart-
748

HR 2401 EH

1 ment in each of fiscal years 1994 through 2000 for the

2 total combined amount obligated for contracts and sub3 contracts entered into with—

4 (1) small business concerns, including mass

5 media and advertising firms, owned and controlled

6 by socially and economically disadvantaged individ7 uals (as such term is used in section 8(d) of the

8 Small Business Act (15 U.S.C. 637(d)) and regula9 tions issued under that section), the majority of the

10 earnings of which directly accrue to such individuals;

11 (2) historically Black colleges and universities;

12 and

13 (3) minority institutions (as defined in para14 graphs (3), (4), and (5) of section 312(b) of the

15 Higher Education Act of 1965 (20 U.S.C. 1058)),

16 including any nonprofit research institution that was

17 an integral part of a historically Black college or

18 university before November 14, 1986.

19 (b) AMOUNT.—The requirements of subsection (a)

20 for any fiscal year apply to the combined total of the funds

21 obligated for contracts entered into by the Department of

22 Energy pursuant to competitive procedures for such fiscal

23 year for purposes of carrying out military applications of

24 nuclear energy and other national security programs of

25 the Department.
749

HR 2401 EH

1 (c) APPLICABILITY.—Subsection (a) does not apply—

2 (1) to the extent to which the Secretary of En3 ergy determines that compelling national security

4 considerations require otherwise; and

5 (2) if the Secretary notifies Congress of such a

6 determination and the reasons for the determination.

7 SEC. 3139. PROHIBITION ON CONDUCT OF SAFEGUARD C

8 PROGRAM.

9 None of the funds appropriated pursuant to this Act

10 or any other Act for any fiscal year may be available to

11 conduct the Safeguard C program or any other program

12 to maintain the capability of the United States to conduct

13 atmospheric testing of a nuclear weapon.

14 SEC. 3140. TRANSFER OR LEASE OF PROPERTY AT DEPART15 MENT OF ENERGY WEAPON PRODUCTION FA16 CILITIES.

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

19 (1) The termination or reconfiguration of weap20 on production activities at facilities of the Depart21 ment of Energy within the United States is a nec22 essary consequence of the end of the Cold War and

23 of changed United States national security require24 ments.
750

HR 2401 EH

1 (2) A facility of the Department of Energy is

2 a significant source of employment for many com3 munities, and the closure or reconfiguration of such

4 a facility may cause economic hardship for the work5 ers and the communities.

6 (3) It is in the interest of the United States

7 that the Federal Government facilitate the economic

8 recovery of communities that experience adverse eco9 nomic circumstances as the result of the closure or

10 reconfiguration of a Department of Energy facility

11 and, where possible, prevent the occurrence of ad12 verse economic circumstances.

13 (4) It is in the interest of the United States

14 that the Federal Government work with communities

15 that experience adverse economic circumstances as

16 the result of the closure or reconfiguration of De17 partment of Energy facilities to identify and imple18 ment means of reutilizing or redeveloping such facili19 ties in a beneficial manner.

20 (5) The Federal Government may provide such

21 assistance by closing or reconfiguring such facilities

22 and conveying the real property in a manner that

23 best ensures environmental protection and the bene24 ficial reutilization or redevelopment of such facilities

25 by such communities.
751

HR 2401 EH

1 (6) The Federal Government may best ensure

2 such reutilization and redevelopment by making

3 available real and personal property of the closing or

4 reconfigured Department of Energy facilities to com5 munities affected by such closures or

6 reconfigurations on a timely basis, and, if appro7 priate, at less than fair market value.

8 (7) Preservation of the national technology and

9 industrial base could be assisted by the appropriate

10 transfer, lease, or reutilization of property, facilities,

11 and equipment which currently are not needed for

12 the Department of Energy weapon production mis13 sion.

14 (8) A delay in the transfer, lease, or

15 reutilization of such property, facilities, and equip16 ment for commercial use will reduce the national

17 technology and industrial base because of lost skilled

18 personnel and lost business opportunities.

19 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

20 (1) The Administrator of General Services shall delegate

21 to the Secretary of Energy, with respect to property cov22 ered under subsection (d)—

23 (A) the authority of the Administrator to utilize

24 excess property under section 202 of the Federal
752

HR 2401 EH

1 Property and Administrative Services Act of 1949

2 (40 U.S.C. 483);

3 (B) the authority of the Administrator to dis4 pose of surplus property under section 203 of that

5 Act (40 U.S.C. 484); and

6 (C) the authority of the Administrator to grant

7 approvals and make determinations under section

8 13(g) of the Surplus Property Act of 1944 (50

9 U.S.C. App. 1622(g)).

10 (2)(A) Subject to subparagraph (C), the Secretary of

11 Energy shall exercise the authority delegated to the Sec12 retary pursuant to paragraph (1) in accordance with—

13 (i) all regulations in effect on the date of the

14 enactment of this Act governing the utilization of ex15 cess property and the disposal of surplus property

16 under the Federal Property and Administrative

17 Services Act of 1949; and

18 (ii) all regulations in effect on the date of the

19 enactment of this Act governing the conveyance and

20 disposal of property under section 13(g) of the Sur21 plus Property Act of 1944 (50 U.S.C. App.

22 1622(g)).

23 (B) The Secretary, after consulting with the Adminis24 trator of General Services, may issue regulations that are
753

HR 2401 EH

1 necessary to carry out the delegation of authority required

2 by paragraph (1).

3 (C) The authority required to be delegated by para4 graph (1) to the Secretary by the Administrator of Gen5 eral Services shall not include the authority to prescribe

6 general policies and methods for utilizing excess property

7 and disposing of surplus property.

8 (c) ADDITIONAL AUTHORITY TO TRANSFER AND

9 LEASE.—(1) The Secretary of Energy may transfer or

10 lease any or all right, title, and interest of the United

11 States in and to the property referred to in subsection (d)

12 to any public agency if the Secretary determines that such

13 transfer or lease will mitigate the adverse economic con14 sequences that might otherwise arise from the closure or

15 reconfiguration of a Department of Energy facility.

16 (2)(A) The consideration to be paid to the United

17 States for any transfer or lease under paragraph (1) shall

18 be for the estimated fair market value of such property

19 or leasehold interest, as determined by the Secretary of

20 Energy, except that the Secretary may accept consider21 ation for an amount that is not less than 50 percent of

22 the estimated fair market value of such property if the

23 Secretary determines that—
754

HR 2401 EH

1 (i) the discount is required to implement the

2 plans established in the report under subsection (i);

3 and

4 (ii) 30 days after published notice, no private or

5 public party has made a bona fide offer for such

6 property at the estimated fair market value.

7 (B) The instrument transferring or leasing property

8 for less than the estimated fair market value under this

9 paragraph—

10 (i) shall contain a condition that all such prop11 erty shall be used and maintained for the purpose

12 for which it was transferred in perpetuity in accord13 ance with the plans described in the report under

14 subsection (i) or, in the case of a lease, for the term

15 of the lease; and

16 (ii) may contain such additional terms, condi17 tions, reservations, and restrictions as the Secretary

18 determines to be necessary to safeguard the interests

19 of the United States.

20 (C) The Secretary may—

21 (i) determine compliance with the terms, condi22 tions, reservations, and restrictions contained in any

23 instrument by which a transfer or lease of property

24 is made;
755

HR 2401 EH

1 (ii) reform, correct, or amend any such instru2 ment by the execution of a corrective, reformative,

3 or amendatory instrument where necessary to cor4 rect such instrument or to conform such transfer or

5 lease to the requirements of applicable law; and

6 (iii)(I) grant releases from any of the terms,

7 conditions, reservations, and restrictions contained

8 in, and (II) convey, quitclaim, or release to the

9 transferee any right or interest reserved to the Unit10 ed States by, any instrument by which such transfer

11 or lease is made, if the Secretary determines that

12 the property transferred no longer serves the pur13 pose for which it was transferred, or that such re14 lease, conveyance, or quitclaim will not prevent ac15 complishment of the purpose for which such prop16 erty was so transferred.

17 Any such releases, conveyance, or quitclaim may be grant18 ed on, or made subject to, such terms and conditions as

19 the Secretary considers necessary to protect or advance

20 the interests of the United States.

21 (d) COVERED PROPERTY.—Property that may be

22 transferred or leased under subsections (c) and (g) is the

23 related personal property and acquired real property at

24 a facility of the Department of Energy to be closed or

25 reconfigured that the Secretary of Energy determines to
756

HR 2401 EH

1 be no longer necessary for weapon production or other

2 missions of the Department.

3 (e) APPLICABILITY OF OTHER LAWS.—Property

4 transferred or leased under subsections (c) and (g) shall

5 be transferred or leased in accordance with—

6 (1) the Federal Property and Administrative

7 Services Act of 1949 (40 U.S.C. 471 et seq.), to the

8 extent not inconsistent with this section; and

9 (2) all applicable environmental laws, including

10 the Comprehensive Environmental Response, Com11 pensation, and Liability Act of 1980 (42 U.S.C.

12 9601 et seq.).

13 (f) LIMITATION ON RELOCATION OF EQUIPMENT.—

14 The Secretary shall not relocate equipment from a facility,

15 such as machine tools that could be useful in converting

16 the facility, except in cases where buying new equipment

17 would be significantly more costly or significantly more

18 time-consuming than moving the equipment. The Sec19 retary shall establish guidelines for determining costs

20 under this subsection.

21 (g) REUTILIZATION.—To the extent practicable, the

22 Secretary of Energy may make available for reutilization

23 a facility or property of the Department of Energy that

24 is not required for weapon production work in any case
757

HR 2401 EH

1 in which the Secretary determines that such reutilization

2 will—

3 (1) reduce the long-term cost to the Govern4 ment, including the cost of worker displacement and

5 retraining in the community in which the facility or

6 property is located;

7 (2) contribute to the preservation of the na8 tional technology and industrial base by using the

9 equipment at the facility or property; or

10 (3) assist the economic development in the com11 munity in which the facility or property is located.

12 (h) OTHER TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 with respect to a transfer or lease of property under sub15 section (c) as the Secretary determines appropriate to pro16 tect the interests of the United States.

17 (i) REPORT.—Not later than February 1, 1994, the

18 Secretary of Energy shall submit to the Committees on

19 Armed Services of the Senate and the House of Represent20 atives, the Committee on Governmental Affairs of the Sen21 ate, the Committee on Government Operations of the

22 House of Representatives, and the Committee on Energy

23 and Commerce of the House of Representatives a report

24 on the plans of the Secretary in accordance with applicable

25 law for the reutilization of real property, facilities, equip-
758

HR 2401 EH

1 ment, and supplies at weapon production facilities of the

2 Department of Energy that are planned or scheduled for

3 the termination of weapon production activities.

4 (j) DEFINITION.—For purposes of this section, the

5 term ‘‘reutilization’’ means the development of sites pre6 viously used in the nuclear weapons complex of the De7 partment of Energy for private commercial work or non8 weapon production-related Government work. Such devel9 opment may consist of—

10 (1) conversion of the site or portions of it to ex11 clusively private or local government use;

12 (2) leasing of facilities or equipment to non-De13 partment of Energy sources;

14 (3) use of Department of Energy facilities to

15 enhance the national technology and industrial base

16 through technology transfer and commercial work by

17 Department of Energy contractors;

18 (4) development of a financial assistance ar19 rangement with local communities to seek other uses

20 for vacated or underutilized facilities;

21 (5) sale of all or portions of certain facilities to

22 commercial concerns under terms that dictate eco23 nomic development of the site; or

24 (6) any combination of paragraphs (1) through

25 (5).
759

HR 2401 EH

1 SEC. 3141. PROHIBITION ON USE OF FUNDS FOR ADVANCED

2 LIQUID METAL REACTOR.

3 No funds authorized pursuant to this title or other4 wise available for fiscal year 1994 or any previous fiscal

5 year for the national security programs of the Department

6 of Energy shall be used for the support of the advanced

7 liquid metal reactor.

8 TITLE XXXII—DEFENSE NU9 CLEAR FACILITIES SAFETY

10 BOARD AUTHORIZATION

11 SEC. 3201. AUTHORIZATION.

12 There are authorized to be appropriated for fiscal

13 year 1994, $15,060,000 for the operation of the Defense

14 Nuclear Facilities Safety Board under chapter 21 of the

15 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

16 TITLE XXXIII—NATIONAL

17 DEFENSE STOCKPILE

18 SEC. 3301. DEFINITIONS.

19 For purposes of this title:

20 (1) The term ‘‘National Defense Stockpile’’

21 means the stockpile provided for in section 4 of the

22 Strategic and Critical Materials Stock Piling Act (50

23 U.S.C. 98c).

24 (2) The term ‘‘National Defense Stockpile

25 Transaction Fund’’ means the fund established

26 under section 9(a) of such Act (50 U.S.C. 98h(a)).
760

HR 2401 EH

1 (3) The term ‘‘annual materials plan’’ means

2 the report containing an annual materials plan for

3 the operation of the National Defense Stockpile re4 quired to be submitted to Congress each year under

5 section 11(b) of such Act (50 U.S.C. 98h–2(b)).

6 SEC. 3302. DISPOSAL OF OBSOLETE AND EXCESS MATE7 RIALS CONTAINED IN THE NATIONAL DE8 FENSE STOCKPILE.

9 The President may dispose of obsolete and excess ma10 terials in the National Defense Stockpile, except that the

11 amount of funds received from the sale of such materials

12 may not exceed $500,000,000 in any fiscal year. All funds

13 received from the sale of materials under this section shall

14 be deposited in the National Defense Stockpile Trans15 action Fund.

16 SEC. 3303. MODIFICATION OF NOTICE AND WAIT REQUIRE17 MENTS FOR DEVIATIONS FROM ANNUAL MA18 TERIALS PLAN.

19 Section 5(a)(2) of the Strategic and Critical Mate20 rials Stock Piling Act (50 U.S.C. 98d(a)(2)) is amended

21 by striking out ‘‘and a period of 30 days’’ and all that

22 follows through ‘‘more than three days to a day certain.’’

23 and inserting in lieu thereof ‘‘and a period of 45 days has

24 passed from the date of the receipt of such statement by

25 such committees.’’.
761

HR 2401 EH

1 SEC. 3304. CONTINUATION OF LIMITATIONS ON THE DIS2 POSAL OF CHROMITE AND MANGANESE ORES

3 AND CHROMIUM AND MANGANESE FERRO.

4 (a) LIMITATION REGARDING CHROMITE AND MAN5 GANESE ORES.—During fiscal year 1994, the disposal of

6 chromite and manganese ores of metallurgical grade from

7 the National Defense Stockpile pursuant to any provision

8 of law may be made only for processing within the United

9 States and the territories and possessions of the United

10 States.

11 (b) LIMITATION REGARDING CHROMIUM AND MAN12 GANESE FERRO.—The disposal of chromium ferro and

13 manganese ferro from the National Defense Stockpile pur14 suant to any provision of law may not commence before

15 October 1, 1994.

16 SEC. 3305. CONVERSION OF CHROMIUM ORE TO HIGH PU17 RITY ELECTROLYTIC CHROMIUM METAL.

18 (a) REQUIRED UPGRADING.—During each of fiscal

19 years 1994 through 1996, the President shall—

20 (1) obtain bids from domestic producers of high

21 purity electrolytic chromium metal; and

22 (2) award contracts for the conversion of chro23 mium ores held in the National Defense Stockpile

24 into high purity electrolytic chromium metal.

25 (b) QUANTITIES TO BE UPGRADED.—(1) Contracts

26 awarded under subsection (a) shall provide for the addi-
762

HR 2401 EH

1 tion of not less than 800 short tons of high purity electro2 lytic chromium metal to the National Defense Stockpile

3 during each of the fiscal years covered by subsection (a).

4 (2) If, during any fiscal year referred to in subsection

5 (a), the minimum quantity of high purity electrolytic chro6 mium metal to be added to the National Defense Stock7 pile, as required by paragraph (1), is not met, the quantity

8 of such material to be added to the stockpile in the next

9 fiscal year shall be increased by the quantity of the defi10 ciency.

11 TITLE XXXIV—CIVIL DEFENSE

12 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

13 There is hereby authorized to be appropriated

14 $146,391,000 for fiscal year 1994 for the purpose of car15 rying out the Federal Civil Defense Act of 1950 (50

16 U.S.C. App. 2251 et seq.).

17 SEC. 3402. MODERNIZATION OF THE CIVIL DEFENSE SYS18 TEM.

19 (a) DECLARATION OF POLICY.—Section 2 of the Fed20 eral Civil Defense Act of 1950 (50 U.S.C. App. 2251) is

21 amended to read as follows:

22 ‘‘SEC. 2. DECLARATION OF POLICY.

23 ‘‘The purpose of this Act is to provide a system of

24 civil defense for the protection of life and property in the

25 United States from hazards and to vest responsibility for
763

HR 2401 EH

1 civil defense jointly in the Federal Government and the

2 several States and their political subdivisions. The Con3 gress recognizes that the organizational structure estab4 lished jointly by the Federal Government and the several

5 States and their political subdivisions for civil defense pur6 poses can be effectively utilized to provide relief and assist7 ance to people in areas of the United States struck by

8 a hazard. The Federal Government shall provide necessary

9 direction, coordination, and guidance and shall provide

10 necessary assistance as authorized in this Act.’’.

11 (b) DEFINITION OF HAZARD.—Section 3 of the Fed12 eral Civil Defense Act of 1950 (50 U.S.C. App. 2252) is

13 amended—

14 (1) by redesignating subsections (a) through (h)

15 as subsections (b) through (i), respectively;

16 (2) by inserting before subsection (b), as so re17 designated, the following new subsection (a):

18 ‘‘(a) The term ‘hazard’ means an emergency or disas19 ter resulting from—

20 ‘‘(1) a natural disaster; or

21 ‘‘(2) an accidental or man-caused event, includ22 ing a civil disturbance and an attack-related disas23 ter.’’;

24 (3) in subsection (b), as so redesignated—
764

HR 2401 EH

1 (A) by striking out ‘‘attack’’ the first place

2 it appears and inserting in lieu thereof ‘‘attack3 related disaster’’; and

4 (B) by striking out ‘‘atomic’’ and inserting

5 in lieu thereof ‘‘nuclear’’;

6 (4) in subsection (c), as so redesignated, by

7 striking out ‘‘and, for the purposes of this Act’’ and

8 all that follows through ‘‘natural disaster;’’ and in9 serting in lieu thereof a period; and

10 (5) by striking out subsection (d), as so redesig11 nated, and inserting in lieu thereof the following new

12 subsection:

13 ‘‘(d) The term ‘civil defense’ means all those activities

14 and measures designed or undertaken to minimize the ef15 fects of a hazard upon the civilian population, to deal with

16 the immediate emergency conditions which would be cre17 ated by the hazard, and to effectuate emergency repairs

18 to, or the emergency restoration of, vital utilities and fa19 cilities destroyed or damaged by the hazard. Such term

20 shall include the following:

21 ‘‘(1) Measures to be undertaken in preparation

22 for anticipated hazards (including the establishment

23 of appropriate organizations, operational plans, and

24 supporting agreements, the recruitment and training

25 of personnel, the conduct of research, the procure-
765

HR 2401 EH

1 ment and stockpiling of necessary materials and

2 supplies, the provision of suitable warning systems,

3 the construction or preparation of shelters, shelter

4 areas, and control centers, and, when appropriate,

5 the non-military evacuation of civil population).

6 ‘‘(2) Measures to be undertaken during a haz7 ard (including the enforcement of passive defense

8 regulations prescribed by duly established military or

9 civil authorities, the evacuation of personnel to shel10 ter areas, the control of traffic and panic, and the

11 control and use of lighting and civil communica12 tions).

13 ‘‘(3) Measures to be undertaken following a

14 hazard (including activities for fire fighting, rescue,

15 emergency medical, health and sanitation services,

16 monitoring for specific dangers of special weapons,

17 unexploded bomb reconnaissance, essential debris

18 clearance, emergency welfare measures, and imme19 diately essential emergency repair or restoration of

20 damaged vital facilities).’’.

21 (c) CONFORMING AMENDMENTS TO REFLECT DEFI22 NITION OF HAZARD.—(1) Section 201 of the Federal Civil

23 Defense Act of 1950 (50 U.S.C. App. 2281) is amended—
766

HR 2401 EH

1 (A) in subsection (c), by striking out ‘‘an attack

2 or natural disaster’’ and inserting in lieu thereof ‘‘a

3 hazard’’;

4 (B) in subsection (d), by striking out ‘‘attacks

5 and natural disasters’’ and inserting in lieu thereof

6 ‘‘hazards’’; and

7 (C) in subsection (g)—

8 (i) by striking out ‘‘an attack or natural

9 disaster’’ the first place it appears and insert10 ing in lieu thereof ‘‘a hazard’’; and

11 (ii) by striking out ‘‘undergoing an attack

12 or natural disaster’’ and inserting in lieu there13 of ‘‘experiencing a hazard’’.

14 (2) Section 205(d)(1) of such Act (50 U.S.C. App.

15 2286(d)(1)) is amended by striking out ‘‘natural disas16 ters’’ and inserting in lieu thereof ‘‘hazards’’.

17 (d) STATE USE OF FUNDS FOR PREPARATION AND

18 RESPONSE.—(1) Section 207 of the Federal Civil Defense

19 Act of 1950 (50 U.S.C. App. 2289) is amended to read

20 as follows:

21 ‘‘SEC. 207. USE OF FUNDS TO PREPARE FOR AND RESPOND

22 TO HAZARDS.

23 ‘‘Funds made available to the States under this Act

24 may be used by the States for the purposes of preparing

25 for, and providing emergency assistance in response to
767

HR 2401 EH

1 hazards. Regulations prescribed to carry out this section

2 shall authorize the use of civil defense personnel, mate3 rials, and facilities supported in whole or in part through

4 contributions under this Act for civil defense activities and

5 measures related to hazards.’’.

6 (2) The item relating to section 207 in the table of

7 contents in the first section of such Act is amended to

8 read as follows:

‘‘Sec. 207. Use of funds to prepare for and respond to hazards.’’.

9 (e) REPEAL OF OBSOLETE PROVISIONS.—(1) Title V

10 of the Federal Civil Defense Act of 1950 (50 U.S.C. App.

11 2301-2303) is repealed.

12 (2) The table of contents in the first section of such

13 Act is amended by striking out the items related to title

14 V.

15 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

16 (1) The table of contents in the first section of the Federal

17 Civil Defense Act of 1950 is amended—

18 (A) by inserting after the item relating to sec19 tion 204 the following new item:

‘‘Sec. 205. Contributions for personnel and administrative expenses.’’; and

20 (B) by inserting after the item relating to sec21 tion 412 the following new item:

‘‘Sec. 413. Applicability of Reorganization Plan Numbered 1.’’.
768

HR 2401 EH

1 (2) Section 3 of such Act (50 U.S.C. App. 2252), as

2 amended by subsection (b) of this section, is further

3 amended—

4 (A) in each of subsections (b), (e), (f), and (g),

5 as redesignated by subsection (b)(1) of this section,

6 by striking out the semicolon at the end and insert7 ing in lieu thereof a period; and

8 (B) in subsection (h), as so redesignated, by

9 striking out ‘‘; and’’ and inserting in lieu thereof a

10 period.

11 (3) Section 205 of such Act (50 U.S.C. App. 2286)

12 is amended by striking out ‘‘SEC. 205.’’ and inserting in

13 lieu thereof the following:

14 ‘‘SEC. 205. CONTRIBUTIONS FOR PERSONNEL AND ADMINIS15 TRATIVE EXPENSES.’’.

16 (g) AMENDMENT FOR STYLISTIC CONSISTENCY.—

17 The Federal Civil Defense Act of 1950 (50 U.S.C. App.

18 2251 et seq.) is further amended so that the section des19 ignation and section heading of each section of such Act

20 shall be in the same form and typeface as the section des-
769

HR 2401 EH

1 ignation and heading of section 2 of such Act, as amended

2 by subsection (a) of this section.

Passed the House of Representatives September 29,

1993.

Attest:

Clerk.

HR 2401 EH——2

HR 2401 EH——3

HR 2401 EH——4

HR 2401 EH——5

HR 2401 EH——6

HR 2401 EH——7

HR 2401 EH——8

HR 2401 EH——9

HR 2401 EH——10

HR 2401 EH——11

HR 2401 EH——12

HR 2401 EH——13

HR 2401 EH——14

HR 2401 EH——15

HR 2401 EH——16

HR 2401 EH——17

HR 2401 EH——18

HR 2401 EH——19
770

HR 2401 EH

HR 2401 EH——20

HR 2401 EH——21

HR 2401 EH——22

HR 2401 EH——23

HR 2401 EH——24

HR 2401 EH——25

HR 2401 EH——26

HR 2401 EH——27

HR 2401 EH——28

HR 2401 EH——29

HR 2401 EH——30

HR 2401 EH——31

HR 2401 EH——32

HR 2401 EH——33

HR 2401 EH——34

HR 2401 EH——35

HR 2401 EH——36

HR 2401 EH——37

HR 2401 EH——38

HR 2401 EH——39

HR 2401 EH——40

HR 2401 EH——41

HR 2401 EH——42

HR 2401 EH——43

HR 2401 EH——44
771

HR 2401 EH

HR 2401 EH——45

HR 2401 EH——46

HR 2401 EH——47

HR 2401 EH——48

HR 2401 EH——49

HR 2401 EH——50