103D CONGRESS

1ST SESSION H. R. 2401

AMENDMENTS
In the Senate of the United States,

October 6 (legislative day, September 27), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2401) entitled ‘‘An Act to to authorize appropriations for fiscal year 1994 for military activities of the Department of Defense, to prescribe military personnel strengths for

fiscal year 1994, and for other purposes’’, do pass with the

following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 1994’’.

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

5 CONTENTS.

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

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

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

12 (3) Division C—Department of Energy National

13 Security Authorizations and Other Authorizations.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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—Funding Authorizations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense Agencies.

Sec. 105. Defense Inspector General.

Sec. 106. Reserve components.

Sec. 107. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Modified M113 carriers and AGT–1500 turbine engines.

Sec. 112. Nuclear, biological, and chemical protective masks.

Sec. 113. Chemical agent monitoring program.

Sec. 114. Close tactical trainer quickstart program.

Subtitle C—Air Force Programs

Sec. 121. Modernization of the heavy bomber force.

Sec. 122. B–2 bomber aircraft program.

Sec. 123. Access by Comptroller General to information on heavy bomber programs.

Sec. 124. C–17 aircraft program.

Sec. 125. Joint primary aircraft training system.

Sec. 126. Solid rocket motor upgrade program.

Sec. 127. Live-fire survivability testing of the C–17 aircraft.

Subtitle D—Other Programs

Sec. 131. ALQ–135 jammer device.

Sec. 132. Funding for certain tactical intelligence programs.

Sec. 133. Global Positioning System.

Sec. 134. Sense of Congress on expediting sealift procurement.

Sec. 135. Permanent authority to carry out AWACS memoranda of understanding.

Sec. 136. Ring laser gyro navigation systems.

Sec. 137. Operational support aircraft.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorizations

Sec. 201. Authorization of appropriations.
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Sec. 202. Amount for basic research and exploratory development.

Sec. 203. Strategic Environmental Research and Development Program.

Sec. 204. Funding for defense conversion and reinvestment research and development programs.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Kinetic Energy Antisatellite Program.

Sec. 212. Javelin missile program.

Sec. 213. Plan for testing new electronic countermeasures system for B–1B bombers.

Sec. 214. Space launch plan.

Sec. 215. Medical countermeasures against biowarfare threats.

Sec. 216. Baseline report for the Arrow tactical ballistic missile defense system.

Sec. 217. Limitations regarding federally funded research and development centers.

Subtitle C—Missile Defense Programs

Sec. 221. Revision of the Missile Defense Act of 1991.

Sec. 222. Funding of certain ballistic missile defense programs.

Sec. 223. Requirement for review of ballistic missile defense systems and components for compliance with ABM Treaty.

Sec. 224. Theater missile defense master plan.

Sec. 225. Extension of authority for transfer of responsibility for far-term followon technologies.

Sec. 226. Report on acquisition streamlining to accelerate deployment of initial

ABM system.

Sec. 227. Funding for ballistic missile defense programs.

Sec. 228. Testing of national missile defense program projects.

Subtitle D—Other Matters

Sec. 231. Nuclear testing.

Sec. 232. One-year delay in transfer of management responsibility for naval mine

countermeasures program to the Director, Defense Research and

Engineering.

Sec. 233. Termination, reestablishment, and reconstitution of an advisory council

on semiconductor technology.

Sec. 234. Authority to acquire Navy large cavitation channel, Memphis, Tennessee.

Sec. 235. Strategic Environmental Research Council.

Sec. 236. Sense of the Senate on metalcasting industry.

Sec. 237. Interim reconnaissance program.

Subtitle E—Programs in Support of the Prevention and

Control of Proliferation of Weapons of Mass Destruction

Sec. 241. Short title.

Sec. 242. Sense of Congress.

Sec. 243. Joint Committee for Review of Nonproliferation Programs of the United

States.

Sec. 244. Report on nonproliferation and counterproliferation activities and programs.

Sec. 245. Definitions.
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TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Funding national defense strategic lift requirements.

Sec. 304. Armed Forces Retirement Home.

Sec. 305. National Security Education Trust Fund obligations.

Sec. 306. Transfer authority.

Sec. 307. Funds for clearing landmines.

Subtitle B—Defense Business Operations Fund

Sec. 311. Extension of authority for use of the Defense Business Operations Fund.

Sec. 312. Implementation of the Defense Business Operations Fund.

Sec. 313. Limitation on obligations against the Defense Business Operations

Fund.

Subtitle C—Environmental Provisions

Sec. 321. Authority for military departments to participate in water conservation

programs.

Sec. 322. Clarification of authority for energy conservation programs at military

installations.

Sec. 323. Clarification of funding for environmental restoration activities at installations to be closed or realigned.

Sec. 324. Annual report on environmental restoration activities of the Department of Defense.

Sec. 325. Extension of period of applicability of requirement for reimbursement

of the Federal government for certain liabilities arising under

contracts relating to hazardous waste.

Sec. 326. Prohibition on the purchase of surety bonds and other guaranties for

the Department of Defense.

Sec. 327. Clarification of scope of indemnification of transferees of closing defense

property.

Sec. 328. Shipboard plastic and solid waste control.

Subtitle D—Other Matters

Sec. 331. Repeal of an exception to a limitation on the performance of depot-level

maintenance of materiel.

Sec. 332. Maintenance and repair of Pacific battle monuments.

Sec. 333. Purchase of items not exceeding $100,000.

Sec. 334. Extension of authority for aviation depots and naval shipyards to engage in defense-related production and services.

Sec. 335. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense.

Sec. 336. Promotion of civilian marksmanship.

Sec. 337. Amendments regarding pilot program to use National Guard personnel

in medically underserved communities.

Sec. 338. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

Sec. 339. Annual assessment of force readiness.

Sec. 340. Budget information on Department of Defense recruiting expenditures.

Sec. 341. Revision of authorities on National Security Education Trust Fund.
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TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary variation of permanent end strength limitations for certain

grades of officers in the Marine Corps.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Sec. 413. Temporary variation of permanent end strength limitations for Air

Force personnel serving on active duty in certain grades in support of the reserve components.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Award of constructive service credit for advanced education in a health

profession.

Sec. 502. Original appointment as regular officers certain reserve officers in

health professions.

Sec. 503. Temporary authority for involuntary separation of certain regular warrant officers.

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

Navy lieutenants.

Subtitle B—Reserve Components

Sec. 511. Limited delegation of Presidential authority to order Selected Reserve

to active duty.

Sec. 512. Two-year extension of certain reserve officer management authorities.

Sec. 513. Consistency of treatment of National Guard technicians and other members of the National Guard.

Sec. 514. Exception to requirement for 12 weeks of basic training.

Sec. 515. National Guard management initiatives.

Sec. 516. Frequency of physical examinations of members of the Ready Reserve.

Subtitle C—Service Academies

Sec. 521. Congressional nominations.

Sec. 522. Graduation leave.

Sec. 523. Management of faculties.

Subtitle D—Force Reduction Transition

Sec. 531. Teacher and teacher aide program for separated members of the Armed

Forces.
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Sec. 532. Extension of personnel management and benefits transition authorities.

Sec. 533. Technical and conforming amendments relating to transition authorities.

Subtitle E—Other Matters

Sec. 541. Assignments of women members of the Armed Forces.

Sec. 542. Reduction in the maximum number of years to be on temporary disability retired list.

Sec. 543. Clarification of punitive UCMJ article regarding drunken driving.

Sec. 544. Authority to reduce active duty service obligation incurred in connection with advanced education assistance.

Sec. 545. Award of Purple Heart to members killed or wounded in action by

friendly fire.

Sec. 546. Policy concerning homosexuality in the Armed Forces.

Sec. 547. Employment of retired members by foreign governments.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Subtitle B—Bonuses, Special Pay, and Incentive Pay

Sec. 611. Modification of authority relating to payment of certain Selected Reserve bonuses.

Sec. 612. Extension of authority relating to payment of certain bonuses, payment

of other special pay, and repayment of certain education loans.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Reimbursement of temporary lodging expenses.

Sec. 622. Treatment of advance pay paid to members evacuated from Homestead

Air Force Base.

Subtitle D—Matters Related to Retired Pay and Separation

Benefits

Sec. 631. Special pay for certain disabled members.

Sec. 632. Standardization of minimum service requirement for eligibility for certain separation benefits.

Sec. 633. Expansion of eligibility for certain separation benefits.

Sec. 634. Applicability to Coast Guard Reserve of certain reserve components

transition initiatives.

Subtitle E—Benefits for Former POWs and Other Members

Held Captive

Sec. 641. Permanent authority for claims by former prisoners of war based on

violations of Geneva Conventions.

Sec. 642. Members eligible for benefits when held captive by terrorists.

Subtitle F—Other Matters

Sec. 651. Authority to limit direct payment of pay and allowances to certain

members during war, hostilities, or national emergency.
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Sec. 652. Losses incurred and gains realized in connection with housing members

in private housing abroad.

Sec. 653. Postponement of performance of certain tax-related acts for certain persons serving in contingency operations.

Sec. 654. Benefits for dependents of members of the Armed Forces pending loss

of right to retired pay as a result of a court-martial.

Sec. 655. Sense of Senate relating to excess leave and permissive temporary duty

for certain members of the Armed Forces.

TITLE VII—HEALTH CARE PROVISIONS

Sec. 701. Extension and revision of specialized treatment facility program authority.

Sec. 702. Codification of CHAMPUS Peer Review Organization program procedures.

Sec. 703. Flexible deadline for commencement of CHAMPUS Reform Initiative in

Hawaii and California.

Sec. 704. Delay of termination of status of certain facilities as uniformed services

treatment facilities.

Sec. 705. Exclusion of experienced military physicians from medicare definition

of new physician.

Sec. 706. Enrollment in the dependents’ dental program by certain members returning from overseas assignments.

Sec. 707. Sense of Senate on the provision of adequate medical care to military

retirees.

Sec. 708. Independent study of conduct of medical study by Arctic Aeromedical

Laboratory, Ladd Air Force Base, Alaska.

TITLE VIII—ACQUISITION POLICY

Subtitle A—Defense Technology and Industrial Base,

Reinvestment, and Conversion

Sec. 801. Manufacturing Science and Technology Program.

Sec. 802. University Research Initiative Support Program.

Sec. 803. Operating Committee of the Critical Technologies Institute.

Sec. 804. Targeting defense conversion funds.

Sec. 805. Small business participation.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Contract goal for disadvantaged small businesses and certain institutions of higher education.

Sec. 812. Procurement technical assistance programs.

Sec. 813. Pilot Mentor-Protege Program funding and improvements.

Subtitle C—Other Matters

Sec. 821. Reimbursement of indirect costs of institutions of higher education

under Department of Defense contracts.

Sec. 822. Prohibition on purchase of United States defense contractors by entities

controlled by foreign governments.

Sec. 823. Prohibition on award of certain Department of Defense and Department of Energy contracts to entities controlled by a foreign government.

Sec. 824. Reports by defense contractors on dealings with terrorist countries and

nationals of terrorist countries.
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Sec. 825. Department of Defense purchases through other agencies.

Sec. 826. Authority of the Advanced Research Projects Agency to carry out certain pilot demonstration projects and prototype projects.

Sec. 827. Improvement of pricing policies for use of major range and test facility

installations of the military departments.

Subtitle D—Defense Acquisition Pilot Program

Sec. 831. Defense acquisition pilot program amendments.

Sec. 832. Reference to defense acquisition pilot program.

Sec. 833. Mission oriented program management.

Sec. 834. Savings objectives.

Sec. 835. Program phases and phase funding.

Sec. 836. Program work force policies.

Sec. 837. Efficient contracting processes.

Sec. 838. Contract administration: Performance based contract management.

Sec. 839. Contractor performance assessment.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Sec. 901. Assistant Secretary of Defense for Legislative Affairs.

Sec. 902. Responsibilities of the Comptroller of the Department of Defense.

Sec. 903. Repeal of termination of requirement for a Director of Expeditionary

Warfare.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Revision of date for submittal of joint report on scoring of budget

outlays.

Sec. 1003. Discretionary authority of the Comptroller General to conduct annual audits of the acceptance by the Department of Defense

of property, services, and contributions.

Subtitle B—Fiscal Year 1993 Authorization Matters

Sec. 1011. Authority for obligation of certain unauthorized fiscal year 1993 defense appropriations.

Sec. 1012. Limitation on obligation for certain unauthorized appropriations.

Sec. 1013. Use of fiscal year 1993 Air Force aircraft procurement funds for

higher priority programs.

Sec. 1014. Supplemental authorization of appropriations for fiscal year 1993.

Subtitle C—Joint Officer Personnel Matters

Sec. 1021. Joint officer personnel policy.

Sec. 1022. Joint duty credit for certain duty performed during Operations

Desert Shield and Desert Storm.

Subtitle D—Matters Relating to Reserve Components

Sec. 1031. Review of Air Force plans to transfer heavy bombers to reserve components units.

Sec. 1032. Requirement for transfer of air refueling aircraft to reserve components of the Air Force.
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Subtitle E—International Peacekeeping Activities

Sec. 1041. General authorization of support for international peacekeeping activities.

Sec. 1042. Report on multinational peacekeeping and peace enforcement.

Subtitle F—Matters Relating to Allies and Other Nations

Sec. 1051. Burden sharing contributions by Japan, Kuwait, and the Republic

of Korea.

Sec. 1052. Defense conversion and reinvestment; export loan guarantees.

Sec. 1053. Findings regarding defense cooperation between the United States

and Israel.

Sec. 1054. Defense burdensharing.

Subtitle G—Other Matters

Sec. 1061. Additional support for counter-drug activities.

Sec. 1062. Report on personnel requirements for control of transfer of certain

weapons.

Sec. 1063. National Guard Civilian Youth Opportunities Pilot Program amendments.

Sec. 1064. Civilian faculty of the George C. Marshall European Center for Security Studies.

Sec. 1065. Administrative improvements in Goldwater Scholarship and Excellence in Education Program.

Sec. 1066. U.S.S. Indianapolis Memorial, Indianapolis, Indiana.

Sec. 1067. Involvement of Armed Forces in Somalia.

Sec. 1068. Sense of the Congress regarding establishment of an Office of Economic Conversion information within the Department of Commerce.

Sec. 1069. Transfer of obsolete destroyer tender Yosemite.

Sec. 1070. Transportation of cargoes by water.

Sec. 1071. Burial of remains at Arlington National Cemetery.

Sec. 1072. Sense of the Congress regarding the justification for continuing the

extremely low frequency communication system.

Sec. 1073. Basing for C–130 aircraft.

Sec. 1074. Importance of naval oceanography survey and research in the postcold war period.

Sec. 1075. Digital electronic devices.

Sec. 1076. Research on exposure to hazardous agents and materials of armed

services personnel who served in the Persian Gulf war.

Sec. 1077. Sense of Congress relating to the proliferation of space launch vehicle technologies.

Sec. 1078. American diplomatic facilities in Germany.

Sec. 1079. Effective date for changes in Servicemen’s Group Life Insurance

Program.

Sec. 1080. Award of the Navy Expeditionary Medal.

Sec. 1081. Report on military food distribution practices.

Sec. 1082. Prevention of entry into the United States of certain former members of the Iraqi armed forces.

Sec. 1083. Short title.

Sec. 1084. Findings; policy.

Sec. 1085. Report.

Sec. 1086. Location of Joint Warfighting Simulation Center.

Sec. 1087. Sanctions against Serbia and Montenegro.
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Sec. 1088. Environmental education opportunities program.

Sec. 1089. Medical laser burn treatment.

Sec. 1090. Technical and clerical amendments.

Sec. 1091. Termination of certain Department of Defense reporting requirements.

Sec. 1092. Reports relating to certain special access programs and similar programs.

Sec. 1093. Department of Defense food stocks for assistance in BosniaHercegovina and Armenia.

Sec. 1094. Landmine Moratorium Extension Act.

TITLE XI—COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION

Sec. 1101. Short title.

Sec. 1102. Findings on cooperative threat reduction.

Sec. 1103. Authority for programs to facilitate cooperative threat reduction.

Sec. 1104. Funding for fiscal year 1994.

Sec. 1105. Prior notice to Congress of obligation of funds.

Sec. 1106. Semiannual report.

Sec. 1107. Appropriate congressional committees defined.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Termination of authority to carry out certain projects.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Termination of authority to carry out certain projects.

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. Termination of authority to carry out certain projects.

Sec. 2306. Relocation of student dormitory project to Beale Air Force Base, California.

Sec. 2307. Relocation of munition maintenance facility project to Beale Air Force

Base, California.

Sec. 2308. Relocation of combat arms training and maintenance facility project

to Schofield Barracks Open Range, Hawaii.

Sec. 2309. Authority to transfer funds for construction of family housing, Scott

Air Force Base, Illinois.
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Sec. 2310. Increase in authorized unit cost for certain family housing, Randolph

Air Force Base, Texas.

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.

Sec. 2404. Termination of authority to carry out certain projects.

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. Reduction in amounts authorized to be appropriated for Reserve military construction projects.

TITLE XXVII—EXPIRATION OF AUTHORIZATIONS

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

law.

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Revision of military family housing rental authority.

Sec. 2802. Use of proceeds of sale of electricity from alternate energy and cogeneration production facilities.

Sec. 2803. Energy conservation measures for the Department of Defense.

Sec. 2804. Authority to acquire existing facilities in lieu of carrying out construction authorized by law.

Sec. 2805. Treatment of participation in Department of State housing pool under

limitation on family housing rentals overseas.

Sec. 2806. Extension of authority to lease real property for special operations activities.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Modification of requirement for reports on activities of the Defense

Base Closure Account 1990.

Sec. 2812. Base closure criteria.

Sec. 2813. Limitation on expenditure of funds from the Defense Base Closure Account 1990 for military construction in support of transfers of

functions.

Sec. 2814. Evaluation and report on proposals for purchase or lease of certain

facilities, Arlington, Virginia.
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Sec. 2815. Residual value of overseas installations being closed.

Sec. 2816. Justification of recommendations for closure or realignment of installations previously considered for closure or realignment.

Sec. 2817. Employment of Department of Defense civilian personnel to carry out

environmental restoration at military istallations to be closed.

Sec. 2818. Reports on costs of the closure or realignment of military installations.

Sec. 2819. Consultation requirement for local reuse authorities and governments.

Subtitle C—Land Transactions

Sec. 2831. Conveyance of natural gas distribution system, Fort Belvoir, Virginia.

Sec. 2832. Conveyance of water distribution system, Fort Lee, Virginia.

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

Sec. 2834. Conveyance of water distribution system and reservoir, Stewart Army

Subpost, New York.

Sec. 2835. Lease of real property, Camp Pendleton Marine Corps Base, California.

Sec. 2836. Conveyance of electricity distribution system, Fort Dix, New Jersey.

Sec. 2837. Modification of termination of lease and sale of facilities, Naval Reserve Center, Atlanta, Georgia.

Sec. 2838. Conveyance of radar bomb scoring site, Conrad, Montana.

Sec. 2839. Financial assistance for improvement of Dysart Channel, Luke Air

Force Base, Arizona.

Sec. 2840. Land conveyance, Broward County, Florida.

Sec. 2841. Land transfer, Woodbridge Research Facility, Virginia.

Sec. 2842. Land conveyance, Charleston, South Carolina.

Sec. 2843. Availability of surplus military equipment.

Sec. 2844. Conveyance of land in Fort Missoula, Montana.

Sec. 2845. Land transfer, Fort Sheridan, Illinois and Arlington County, Virginia.

Subtitle D—Other Matters

Sec. 2851. Reports on economic and environmental effects of transfer of Mine

Warfare Center of Excellence.

Sec. 2852. Prohibition on use of funds for planning and design for Department

of Defense vaccine production facility.

Sec. 2853. Grant relating to elementary school for dependents of Department of

Defense personnel, Fort Belvoir, Virginia.

Sec. 2854. Allocation of space in Federal buildings to cerdit unions.

Sec. 2855. Study of effects of Air Force activities on Duck Valley Reservation.

Sec. 2856. Disposition of real property at missile sites to adjacent landowners.

TITLE XXIX—BASE CLOSURE ASSISTANCE

Sec. 2901. Short title.

Sec. 2902. Findings.

Sec. 2903. Prohibition on transfer of certain property located at military installations to be closed.

Sec. 2904. Authority to transfer property at closed or realigned installations to

affected communities and States.

Sec. 2905. Authority to lease certain property at installations to be closed.

Sec. 2906. Delegation of authority to enter into leases of certain property.

Sec. 2907. Expedited determination of transferability of excess property of installations to be closed.

Sec. 2908. Availability of property and services for assisting the homeless.
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Sec. 2909. Transition coordinators for assistance to communities affected by the

closure of installations.

Sec. 2910. Coordination of activities of other Federal departments and agencies

relating to installations to be closed.

Sec. 2911. Community Response Board.

Sec. 2912. Assistance to affected States and communities through the Office of

Economic Adjustment.

Sec. 2913. Identification of uncontaminated property at installations to be closed.

Sec. 2914. Seminars on reuse or redevelopment of property at installations to be

closed.

Sec. 2915. Compliance with certain environmental requirements relating to closure of installations.

Sec. 2916. Authority to contract for certain services at installations being closed

or realigned.

Sec. 2917. Clarification of utilization of funds for community economic adjustment assistance.

Sec. 2918. Definitions.

Sec. 2919. Authority to contract for certain services at installations being closed

or realigned.

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. New tritium production and plutonium disposition activities.

Sec. 3103. Environmental restoration and waste management.

Sec. 3104. Materials support and other defense programs.

Sec. 3105. Defense nuclear waste disposal.

Sec. 3106. 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 Matters

Sec. 3131. Use of funds for payment of penalty assessed against Hanford project.

Sec. 3132. Office of Tritium Production and Plutonium Disposition.

Sec. 3133. Authority to transfer certain Department of Energy property.

Sec. 3134. Reauthorization and expansion of authority to loan personnel and facilities.

Sec. 3135. Inclusion of analysis of Nevada Test Site in environmental assessment

of reconfiguration of Department of Energy nuclear weapons

complex.
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Sec. 3136. Department of Energy management.

Sec. 3137. Training programs for management of hazardous materials and of

hazardous materials emergency response activities.

Sec. 3138. Review of Department of Energy environmental compliance agreements.

Sec. 3139. Extension of review of waste isolation pilot plant in New Mexico.

Sec. 3140. Standardization of Requirements affecting Department of Energy employees.

Subtitle D—Cooperative Research and Development

Sec. 3141. Short title.

Sec. 3142. Definitions.

Sec. 3143. Competitiveness amendment to the Department of Energy Organization Act.

Sec. 3144. National advanced manufacturing technologies program.

Sec. 3145. Not-for-profit organizations.

Sec. 3146. Career path program.

Sec. 3147. AVLIS commercialization.

Sec. 3148. Amendments to Stevenson-Wydler Technology Innovation Act.

Sec. 3149. Guidelines.

Sec. 3150. Authorization.

TITLE XXXII—NUCLEAR SAFETY

Sec. 3201. Authorization for Defense Nuclear Safety Board.

Sec. 3202. Requirement for transmittal to Congress of certain information prepared by Defense Nuclear Safety Board.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Subtitle A—Authorizations of Disposals and Use of Funds

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

Sec. 3302. Revision of authority to dispose of certain materials authorized for

disposal in fiscal year 1993.

Sec. 3303. Authorized uses of stockpile funds.

Subtitle B—Programmatic Changes

Sec. 3311. Stockpiling principles.

Sec. 3312. Period of limitation for changing annual materials plan.

Sec. 3313. Rotation of materials to prevent technological obsolescence.

Sec. 3314. Uses of the National Defense Stockpile Transaction Fund.

Sec. 3315. National emergency planning assumptions for biennial report on

stockpile requirements.

Sec. 3316. Repeal of advisory committee requirement.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Expenditures in accordance with other laws.
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Sec. 3504. Employment of commission employees by the Government of Panama.

Sec. 3505. Labor-management relations.

Sec. 3506. Effective date.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 and the Committees on Appropriations of the Senate and

5 House of Representatives.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Funding Authorizations

10 SEC. 101. ARMY.

11 Funds are hereby authorized to be appropriated for fis12 cal year 1994 for procurement for the Army as follows:

13 (1) For aircraft, $1,249,539,000.

14 (2) For missiles, $1,083,810,000.

15 (3) For weapons and tracked combat vehicles,

16 $1,009,679,000.

17 (4) For ammunition, $621,049,000.

18 (5) For other procurement, $2,864,575,000.

19 SEC. 102. NAVY AND MARINE CORPS.

20 (a) NAVY.—Funds are hereby authorized to be appro21 priated for fiscal year 1994 for procurement for the Navy

22 as follows:

23 (1) For aircraft, $5,755,166,000.

24 (2) For weapons, $3,000,614,000.
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1 (3) For shipbuilding and conversion,

2 $4,264,647,000.

3 (4) For other procurement, $2,820,931,000.

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

5 be appropriated for fiscal year 1994 for procurement for

6 the Marine Corps in the amount of $480,521,000.

7 SEC. 103. AIR FORCE.

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

10 (1) For aircraft, $4,041,664,000.

11 (2) For missiles, $4,245,404,000.

12 (3) For other procurement, $7,610,888,000.

13 SEC. 104. DEFENSE AGENCIES.

14 Funds are hereby authorized to be appropriated for fis15 cal year 1994 for procurement for the Defense Agencies in

16 the amount of $2,044,971,000.

17 SEC. 105. DEFENSE INSPECTOR GENERAL.

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

20 the Department of Defense in the amount of $600,000.

21 SEC. 106. RESERVE COMPONENTS.

22 Funds are hereby authorized to be appropriated for fis23 cal year 1994 for procurement of aircraft, vehicles, commu24 nications equipment, and other equipment for the reserve

25 components of the Armed Forces as follows:
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1 (1) For the Army National Guard, $85,000,000.

2 (2) For the Air National Guard, $285,000,000.

3 (3) For the Army Reserve, $65,000,000.

4 (4) For the Naval Reserve, $55,000,000.

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

6 (6) For the Marine Corps Reserve, $20,000,000.

7 (7) For reserve component simulation equip8 ment, $75,000,000.

9 (8) For National Guard aircraft replacement

10 and modernization, $150,000,000.

11 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

12 There is hereby authorized to be appropriated for fiscal

13 year 1994, $442,947,000 for—

14 (1) the destruction of lethal chemical agents and

15 munitions in accordance with section 1412 of the De16 partment of Defense Authorization Act, 1986 (50

17 U.S.C. 1521); and

18 (2) the destruction of chemical warfare material

19 of the United States that is not covered by section

20 1412 of such Act.

21 Subtitle B—Army Programs

22 SEC. 111. MODIFIED M113 CARRIERS AND AGT–1500 TUR23 BINE ENGINES.

24 (a) ADDITIONAL AUTHORIZATION OF APPROPRIA25 TIONS.—In addition to the funds authorized to be appro-
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1 priated in section 101, funds are authorized to be appro2 priated for the Army for procurement of modified M113

3 carriers and AGT–1500 turbine engines in the amount of

4 $148,000,000.

5 (b) LIMITATION.—None of the funds appropriated pur6 suant to the authorization in subsection (a) may be obli7 gated during fiscal year 1994.

8 SEC. 112. NUCLEAR, BIOLOGICAL, AND CHEMICAL PROTEC9 TIVE MASKS.

10 Of the unobligated balance of the funds appropriated

11 for the Army for fiscal year 1993 for other procurement,

12 $9,300,000 shall be available, to the extent provided in ap13 propriations Acts, for procurement of M40/M42 nuclear, bi14 ological, and chemical protective masks.

15 SEC. 113. CHEMICAL AGENT MONITORING PROGRAM.

16 Funds appropriated for the Army for fiscal year 1993

17 for other procurement may not be obligated after the date

18 of the enactment of this Act for the Improved Chemical

19 Agent Monitor (ICAM) program.

20 SEC. 114. CLOSE TACTICAL TRAINER QUICKSTART PRO21 GRAM.

22 Authority to reprogram funds for the Close Combat

23 Tactical Trainer Quickstart Program. Subject to existing

24 reprogramming procedures, the Secretary of the Army is

25 authorized to reprogram funds in fiscal year 1994 to pro-
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1 cure long lead component hardware items to accelerate the

2 Close Combat Tactical Trainer Quickstart Program.

3 Subtitle C—Air Force Programs

4 SEC. 121. MODERNIZATION OF THE HEAVY BOMBER FORCE.

5 (a) FUNDING.—Of the amount authorized to be appro6 priated under section 103—

7 (1) not more than $37,400,000 shall be available

8 for procurement of B–52 bomber aircraft; and

9 (2) not more than $177,355,000 shall be avail10 able for the B–1B bomber aircraft program.

11 (b) LIMITATIONS ON FUNDING.—Of the total amount

12 made available pursuant to subsection (a) for the programs

13 referred to in such subsection—

14 (1) none of such amount may be obligated or ex15 pended until all of the requirements set forth in sec16 tion 152 of the National Defense Authorization Act

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

18 2340) have been met; and

19 (2) not more than 50 percent of such amount

20 may be expended before the commencement of flight

21 testing in accordance with the test plan required by

22 section 152(a) of such Act.

23 SEC. 122. B–2 BOMBER AIRCRAFT PROGRAM.

24 (a) AMOUNT FOR PROGRAM.—Subject to subsection

25 (b), of the amount appropriated to the Air Force pursuant
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1 to section 103(1) for fiscal year 1994 for procurement of

2 aircraft, not more than $626,200,000 may be obligated for

3 the B–2 bomber aircraft program.

4 (b) LIMITATIONS ON OBLIGATION.—(1) None of the

5 funds made available for fiscal year 1994 for the B–2 bomb6 er aircraft program may be obligated until the Secretary

7 of Defense has submitted to the congressional defense com8 mittees the certifications and reports described in section

9 151(d)(1) of the National Defense Authorization Act for Fis10 cal Year 1993 (Public Law 102–484; 106 Stat. 2339).

11 (2) Of the unobligated balances of funds authorized to

12 be appropriated for procurement of B–2 aircraft for fiscal

13 years 1992, 1993, and 1994, none of such funds may be

14 obligated until—

15 (A) the Secretary of the Air Force—

16 (i) has entered into a definitized production

17 contract with the prime contractor for air vehi18 cles 17 through 21; or

19 (ii) has submitted to the congressional de20 fense committees a report setting forth the rea21 sons that a definitized contract cannot be entered

22 into; and

23 (B) the Secretary of Defense has submitted to

24 such committees a certification that the Department

25 of the Air Force is in full compliance with the B–2
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1 correction-of-deficiency requirements set forth in sec2 tion 117(d) of Public Law 101–189 (103 Stat. 1376)

3 in all aspects of deficiency correction.

4 (c) TOTAL PROGRAM LIMITATIONS.—(1) Notwith5 standing any other provision of law, funds available for the

6 Department of Defense pursuant to authorizations of appro7 priations in this or any other Act may not be expended

8 for acquisition of more than 20 fully operational B–2 bomb9 er aircraft that meet the Block 30 requirements (as defined

10 by the Secretary of the Air Force as of August 1, 1993),

11 plus one test aircraft.

12 (2) The total amount obligated on or after the date

13 of the enactment of this Act for research, development, test,

14 and evaluation for, and acquisition, modification and ret15 rofitting of, the 20 B–2 bomber aircraft (and the one test

16 aircraft) referred to in paragraph (1) and for paying the

17 costs associated with termination of the B–2 bomber air18 craft program upon completion of the acquisition of such

19 20 aircraft (and the one test aircraft) may not exceed

20 $28,968,000,000 (in fiscal year 1981 constant dollars).

21 (3) The Congress declares that it will consider enacting

22 legislation to increase the amount of the limitation specified

23 in paragraph (2) if—

24 (A) for any fiscal year beginning after Septem25 ber 30, 1994, the Secretary of Defense has requested
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1 funds for the B–2 bomber aircraft program in the

2 documents submitted to Congress by the Secretary in

3 connection with the budget submitted to Congress pur4 suant to section 1105 of title 31, United States Code,

5 for that fiscal year;

6 (B) obligation of the total amount of the funds

7 so requested would not have violated the limitation;

8 and

9 (C) the requested funds—

10 (i) have not been made available for such

11 fiscal year as requested; or

12 (ii) have been made available for such fiscal

13 year but have not been obligated in such fiscal

14 year by reason of any limitation or restriction

15 on the obligation of such funds that is contained

16 in an Act enacted after the date of the enactment

17 of this Act.

18 SEC. 123. ACCESS BY COMPTROLLER GENERAL TO INFOR19 MATION ON HEAVY BOMBER PROGRAMS.

20 The Secretary of Defense shall take all actions that are

21 necessary to ensure that the Comptroller General of the

22 United States and employees of the General Accounting Of23 fice designated by the Comptroller General have full, free,

24 and prompt access to data, reports, and analyses generated

25 by or on behalf of the Department of the Air Force (includ-
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1 ing by Air Force contractors) that relate to operation,

2 maintenance, repair, and modernization of heavy bombers,

3 and the plans of the Air Force for operation, maintenance,

4 repair, and modernization of heavy bombers in the future.

5 SEC. 124. C–17 AIRCRAFT PROGRAM.

6 (a) FISCAL YEAR 1994 LIMITATION.—None of the

7 funds appropriated for the Department of Defense for fiscal

8 year 1994 may be made available for procurement of C–

9 17 aircraft until—

10 (1) all limitations and requirements set forth in

11 subsections (b), (c), (d), (f), and (g) of section 134 of

12 the National Defense Authorization Act for Fiscal

13 Year 1993 (Public Law 102–484; 106 Stat. 2335) are

14 satisfied; and

15 (2) the Secretary of Defense submits to the con16 gressional defense committees a report on the C–17

17 acquisition program that contains—

18 (A) the results of the special Defense Acqui19 sition Board review of the program;

20 (B) a discussion of the corrective actions to

21 be taken by the Air Force with regard to such

22 program;

23 (C) a discussion of the corrective actions to

24 be taken by the contractor with regard to such

25 program; and
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1 (D) the findings and recommendations of

2 the special Defense Science Board group result3 ing from the investigation of the program by

4 that group.

5 (b) FISCAL YEAR 1995 LIMITATION.—None of the

6 funds appropriated for the Department of Defense for fiscal

7 year 1995 that are made available for the C–17 aircraft

8 program (other than funds for advance procurement) may

9 be obligated before the Secretary of Defense submits to the

10 congressional defense committees a report containing a re11 view of the airlift requirements of the Armed Forces. The

12 review shall—

13 (1) be based on an analysis by a federally funded

14 research and development center; and

15 (2) reflect consideration of—

16 (A) the changes in total airlift requirements

17 resulting from the disintegration of the Warsaw

18 Pact and Soviet Union that eliminate any major

19 trans-Atlantic airlift requirement for Europe;

20 (B) the change in airlift requirements from

21 requirements for airlift of large quantities of

22 outsize cargo for reinforcement of the North At23 lantic Treaty Organization (NATO) forces to re24 quirements for airlift in connection with such

25 lesser regional contingencies and humanitarian
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1 operations as Operation Desert Shield, Oper2 ation Desert Storm, and Operation Restore

3 Hope;

4 (C) the potential contribution that planned

5 strategic sealift improvements can make

6 toward—

7 (i) reducing the total demand for air8 lift; and

9 (ii) changing the type of cargo that

10 airlift aircraft must carry;

11 (D) the declining demand for conducting

12 airlift operations in austere airfield environ13 ments; and

14 (E) the trade-off between purchasing the

15 type of additional capability that the C–17 air16 craft can provide and purchasing and employing

17 additional support equipment that would in18 crease the cargo airlift capability of commercial

19 cargo aircraft.

20 (c) LIMITATION ON ACQUISITION OF MORE THAN 5

21 AIRCRAFT.—Funds appropriated for the Department of De22 fense for fiscal years after fiscal year 1993 that are made

23 available for the C–17 aircraft program (other than funds

24 for advance procurement) may not be obligated to produce
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1 more than 5 C–17 aircraft until the program meets the fol2 lowing milestones:

3 (1) Clearance of flight envelope with respect to

4 altitude and speed.

5 (2) Takeoff of aircraft at a gross weight of

6 580,000 pounds and 160,000 pounds payload within

7 a critical field length of 8500 feet at sea level and 90

8 degrees Fahrenheit day conditions (or equivalent re9 sults under other conditions).

10 (3) Backing aircraft up a two degree slope with

11 a gross weight of 510,000 pounds.

12 (4) Unassisted 180 degree turn of aircraft on a

13 paved runway of load classification group IV in less

14 than 90 feet, using three maneuvers.

15 (5) Completion of static article ultimate load

16 (150 percent of design limit load) test condition S.P.

17 5030 for wing up bending.

18 (6) Completion of electromagnetic radiation,

19 electromagnetic compatibility, and lightening tests.

20 (7) Low velocity air drop of 5,000-pound, 8-foot

21 length platform.

22 (8) Sequential air drop of multiple simulated

23 paratroop dummies from both paratroop doors.

24 (9) A minimum unit equivalent assembly rate of

25 6.0 assemblies per year, as measured by the ratio of
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1 annualized standard hours earned to that required to

2 assemble one aircraft from the beginning of assembly

3 to the completion of assembly prior to movement to

4 the ramp at the prime contractor’s facilities.

5 (10) For all aircraft scheduled for delivery in the

6 prior 6-month period, delivery of each aircraft within

7 one month of scheduled delivery date.

8 (d) LIMITATION ON ACQUISITION OF MORE THAN 8

9 AIRCRAFT.—Funds appropriated for the Department of De10 fense for fiscal years after fiscal year 1993 that are made

11 available for the C–17 aircraft program (other than funds

12 for advance procurement) may not be obligated to produce

13 more than 8 aircraft until the program meets the following

14 additional milestones:

15 (1) Clearance of flight envelope with respect to

16 loads.

17 (2) Estimate of payload meets 95 percent of the

18 requirement provided in the full-scale development

19 contract for the key performance parameters for pay20 load-to-range systems performance.

21 (3) Operational clearance for aircraft to be air

22 refueled from operational KC–10 and KC–135 air23 craft at standard Air Force refueling speeds for the

24 specific tanker in a single receiver formation.
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1 (4) Demonstration of combat offload with two

2 463L pallets using the air delivery system rails.

3 (5) Airdrop of 70 paratroopers on one pass,

4 using both paratroop doors.

5 (6) Low velocity air drop of 30,000-pound, 24-

6 foot length platform.

7 (e) LIMITATION ON ACQUISITION OF MORE THAN 10

8 AIRCRAFT.—Funds appropriated for the Department of De9 fense for fiscal years after fiscal year 1993 that are made

10 available for the C–17 aircraft program (other than funds

11 for advance procurement) may not be obligated to produce

12 11 or 12 aircraft until the program meets the following ad13 ditional milestones:

14 (1) Estimate of payload meets 97.5 percent of the

15 requirement provided in the full-scale development

16 contract for the key performance parameters for pay17 load-to-range systems performance.

18 (2) Landing of aircraft with a payload of

19 160,000 pounds and fuel necessary to fly 300 nautical

20 miles on a 3,000-foot long, 90-foot wide, and load

21 classification group IV runway at sea level, 90 de22 grees Fahrenheit day conditions (or equivalent results

23 under other conditions).

24 (3) Low altitude parachute extraction system de25 livery of a 20,000-pound cargo.
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1 (4) Simultaneous and sequential container deliv2 ery system airdrop of 30 bundles.

3 (5) Low velocity air drop of 42,000-pound plat4 form.

5 (6) Satisfactory completion of one lifetime of

6 testing of durability article.

7 (7) Air vehicle mean time between removal at

8 cumulative flying hours to date of measurement indi9 cates that the mature requirement established in the

10 full-scale development contract will be met.

11 (f) FUNDING OUT OF NATIONAL DEFENSE STRATEGIC

12 LIFT FUND.—Funds appropriated for the Department of

13 Defense for fiscal year 1994 may be made available for pro14 curement of the C–17 aircraft only in accordance with sec15 tion 2218 of title 10, United States Code.

16 SEC. 125. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM.

17 No funds appropriated for the Department of Defense

18 pursuant to an authorization contained in this Act or any

19 Act enacted after the date of the enactment of this Act may

20 be obligated or expended to procure Joint Primary Aircraft

21 Training System aircraft until the Secretary of Defense cer22 tifies to the congressional defense committees that the cock23 pit and ejection seat of such aircraft have been designed

24 for safe and effective operation of the aircraft and ejection
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1 system by at least 95 percent of the male pilot trainees and

2 95 percent of the female pilot trainees.

3 SEC. 126. SOLID ROCKET MOTOR UPGRADE PROGRAM.

4 (a) PROHIBITION ON USE OF FUNDS.—Funds appro5 priated to the Department of Defense may be used for im6 plementing a supplemental agreement described in section

7 9164 of Public Law 102–396 only under the authorities in

8 subsection (b).

9 (b) ACTIONS AUTHORIZED.—The Secretary of Defense

10 may—

11 (1) restructure the provisions of contract

12 F04701–85–C–0019 (hereafter in this subsection re13 ferred to as the ‘‘prime contract’’) and enter into an

14 agreement to reimburse the subcontractor for the Solid

15 Rocket Motor Upgrade (SRMU) subcontract under

16 such prime contract (hereafter in this subsection re17 ferred to as the ‘‘SRMU subcontractor’’) for the costs

18 incurred by the subcontractor for development and

19 tooling related to the subcontract;

20 (2) reimburse the SRMU subcontractor for work21 ing capital expenses related to the subcontract only

22 after consultation with the Comptroller General of the

23 United States regarding whether such expenses are al24 lowable under applicable laws;
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1 (3) settle claims arising from disputes between

2 the SRMU subcontractor and prime contractor;

3 (4) transfer funds to reimburse the subcontractor

4 in accordance with paragraphs (1), (2) and (3);

5 (5) if the Secretary enters into an agreement to

6 pay the SRMU subcontractor in accordance with

7 paragraphs (1), (2) and (3), take such actions as are

8 necessary to ensure that competitive procedures are

9 used for awarding contracts in any future procure10 ments of solid rocket motors for the Titan IV launch

11 system;

12 (6) take such actions as are necessary to reduce

13 or eliminate concurrency in the Solid Rocket Motor

14 Upgrade program;

15 (7) change the type of the subcontract used for

16 the Solid Rocket Motor Upgrade production sub17 contract and adjust the ceiling price for the prime

18 contract accordingly, but only with respect to the

19 Solid Rocket Motor Upgrade production subcontract;

20 and

21 (8) if the Secretary decides to reimburse the

22 SRMU subcontractor for development costs, tooling,

23 and claims resulting from the termination or modi24 fication of the subcontract, terminate the Solid Rocket

25 Motor Upgrade production subcontract or modify
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1 such subcontract regarding the production quantities

2 and production rates.

3 (c) RELATIONSHIP OF TRANSFER AUTHORITY TO

4 OTHER TRANSFER AUTHORITY.—The authority provided

5 in subsection (b)(4) is not in addition to any other transfer

6 authority provided in this or any other Act.

7 SEC. 127. LIVE-FIRE SURVIVABILITY TESTING OF THE C–17

8 AIRCRAFT.

9 Section 132(d) of the National Defense Authorization

10 Act for Fiscal Year 1993 (Public Law 102–484) is amended

11 by striking out ‘‘for fiscal year 1993’’.

12 Subtitle D—Other Programs

13 SEC. 131. ALQ–135 JAMMER DEVICE.

14 Subsection 182(b)(2) of Public Law 101–510 is

15 amended by striking out ‘‘meets or exceeds all operational

16 criteria established for the program’’ and inserting in lieu

17 thereof ‘‘is operationally effective and suitable’’.

18 SEC. 132. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE

19 PROGRAMS.

20 Notwithstanding the limitation in section 141 of Pub21 lic Law 102–484 (106 Stat. 2338), funds authorized to be

22 appropriated under such section are authorized to be made

23 available for the following purposes:
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1 (1) To complete EP–3 Aries conversion-in-lieu2 of-procurement for the remainder of the EP–3 Aries

3 aircraft fleet.

4 (2) To upgrade communications of the EP–3

5 Aries aircraft fleet to permit dissemination of col6 lected data.

7 (3) To complete standardization of the RC–135

8 Rivet Joint aircraft fleet to Block III Baseline 6 con9 figuration.

10 SEC. 133. GLOBAL POSITIONING SYSTEM.

11 (a) PROGRAM STUDY REQUIRED.—(1) The Secretary

12 of Defense shall provide for an independent study to be con13 ducted on the management and funding of the Global Posi14 tioning System program for the future.

15 (2) With the agreement of the National Academy of

16 Sciences and the National Academy of Public Administra17 tion, the study shall be conducted jointly by those organiza18 tions.

19 (3) Of the amounts authorized to be appropriated to

20 the Department of Defense for fiscal year 1994 and made

21 available for procurement of Global Positioning System

22 user equipment, for procurement of spacecraft, or for oper23 ations and maintenance, $5,000,000 may be used for carry24 ing out the study required by paragraph (1).
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1 (b) LIMITATION ON PROCUREMENT OF SYSTEMS NOT

2 GPS EQUIPPED.—Funds may not be obligated after Sep3 tember 30, 2000, to modify or procure any Department of

4 Defense aircraft, ship, armored vehicle, or indirect fire

5 weapon system that is not equipped with a Global Position6 ing System receiver.

7 (c) REPORTING REQUIREMENT.—Not later than May

8 1, 1994, the Secretary of Defense, in coordination with the

9 Director of Central Intelligence, shall submit to the congres10 sional defense committees, the Select Committee on Intel11 ligence of the Senate, and the Permanent Select Committee

12 on Intelligence of the House of Representatives a report on

13 the following questions:

14 (1) What, if any, threats to the health and safety

15 of United States military forces, allied military

16 forces, and the United States and allied civilian pop17 ulations, and what, if any, threats of damage to prop18 erty within the United States and allied countries,

19 will result by the year 2000 from Global Positioning

20 System navigation signals, local and wide-area dif21 ferential navigation correction signals, kinematic dif22 ferential correction signals, and commercially avail23 able map products based on the Global Positioning

24 System?
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1 (2) What, if any, threat to civil aviation and

2 other transportation operations will result by the year

3 2000 from the signal jamming, deception, and other

4 disruptive effects of Global Positioning System navi5 gation signals?

6 (3) What, if any, actions can be taken to elimi7 nate or mitigate such threats?

8 (4) What, if any, modifications of the Global Po9 sitioning System and derivative systems can be made

10 to eliminate or significantly reduce such threats, or to

11 increase the ability of the Department of Defense to

12 mitigate such threats, without interfering with au13 thorized and peaceful uses of the Global Positioning

14 System?

15 SEC. 134. SENSE OF CONGRESS ON EXPEDITING SEALIFT

16 PROCUREMENT.

17 (a) FINDINGS.—The Congress makes the following

18 findings:

19 (1) The Joint Chiefs of Staff have verified the ur20 gent need for increased sealift.

21 (2) The Persian Gulf war provided graphic evi22 dence of the United States longstanding need for in23 creased sealift.

24 (3) The Congress has appropriated funds for a

25 sealift program in each of the past four fiscal years.
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1 (4) The United States shipbuilding industry and

2 its supplier base would benefit, economically and

3 through sustained employment, from increased ship

4 conversion as well as from new ship construction.

5 (5) Maintaining or increasing ship conversion

6 and construction helps to preserve the industrial base

7 required for effective national defense.

8 (6) Enhanced sealift capacity is a vital require9 ment for the national security of the United States.

10 (b) EXPEDITED PROCUREMENT.—It is the sense of the

11 Congress that the Secretary of the Navy should move expedi12 tiously to award sealift conversion and construction con13 tracts that represent a fair price to the taxpayer.

14 SEC. 135. PERMANENT AUTHORITY TO CARRY OUT AWACS

15 MEMORANDA OF UNDERSTANDING.

16 Section 2350e of title 10, United States Code, is

17 amended by striking out subsection (d).

18 SEC. 136. RING LASER GYRO NAVIGATION SYSTEMS.

19 Notwithstanding any other provision of law, none of

20 the funds authorized for appropriations in fiscal years

21 1994, 1993, and 1992 for the Navy shall be obligated or

22 expended for the procurement of ring laser gyro navigation

23 systems for surface ships under a sole source contract.
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1 SEC. 137. OPERATIONAL SUPPORT AIRCRAFT.

2 None of the funds appropriated for the Department of

3 Defense for fiscal year 1994 may be obligated for a procure4 ment of any operational support aircraft without full and

5 open competition (as defined in section 2302(3) of title 10,

6 United States Code), unless—

7 (1) the procurement is within an exception set

8 forth in section 2304(c) of title 10, United States

9 Code;

10 (2) the justification and certification require11 ments of section 2304(f) of such title are satisfied; and

12 (3) the Under Secretary of Defense for Acquisi13 tion certifies to the congressional defense committees

14 that the procurement is within an exception set forth

15 in section 2304(c) of such title.

16 TITLE II—RESEARCH, DEVELOP17 MENT, TEST, AND EVALUA18 TION

19 Subtitle A—Authorizations

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 Funds are hereby authorized to be appropriated for fis22 cal year 1994 for the use of the Armed Forces for research,

23 development, test, and evaluation as follows:

24 (1) For the Army, $5,303,738,000.

25 (2) For the Navy, $8,338,931,000.

26 (3) For the Air Force, $12,681,597,000.
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1 (4) For the Defense Agencies, $9,775,951,000, of

2 which—

3 (A) $252,592,000 is authorized for the ac4 tivities of the Deputy Director, Defense Research

5 and Engineering (Test and Evaluation); and

6 (B) $12,650,000 is authorized for the Direc7 tor of Operational Test and Evaluation.

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

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

11 to be appropriated by section 201, $4,549,445,000 shall be

12 available for basic research and exploratory development

13 projects.

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

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

17 funded in program elements for defense research and devel18 opment under Department of Defense category 6.1 or 6.2.

19 SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE20 VELOPMENT PROGRAM.

21 Of the amounts authorized to be appropriated by sec22 tion 201, $200,000,000 shall be available for the Strategic

23 Environmental Research and Development Program.
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1 SEC. 204. FUNDING FOR DEFENSE CONVERSION AND REIN2 VESTMENT RESEARCH AND DEVELOPMENT

3 PROGRAMS.

4 (a) Of the amounts authorized to be appropriated

5 under section 201—

6 (1) $10,000,000 shall be available for the na7 tional defense program for analysis of the technology

8 and industrial base under section 2503 of title 10,

9 United States Code;

10 (2) $150,000,000 shall be available for defense

11 dual-use critical technology partnerships established

12 under section 2511 of such title;

13 (3) $100,000,000 shall be available for commer14 cial-military integration partnerships established

15 under section 2512 of such title;

16 (4) $100,000,000 shall be available for assistance

17 of regional technology alliances under section 2513 of

18 such title;

19 (5) $30,000,000 shall be available for defense ad20 vanced manufacturing technology partnerships estab21 lished under section 2522 of such title;

22 (6) $100,000,000 shall be available for support of

23 defense manufacturing technology extension programs

24 under section 2523 of such title;
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1 (7) $25,000,000 shall be available for defense

2 manufacturing engineering education grants under

3 section 2196 of such title;

4 (8) $10,000,000 shall be available for support of

5 manufacturing experts in the classroom program

6 under section 2197 of such title;

7 (9) $30,000,000 shall be available for the ad8 vanced materials synthesis and processing partner9 ship program; and

10 (10) $50,000,000 shall be available for the agile

11 manufacturing/enterprise integration program.

12 (b) Of the amounts authorized to be appropriated

13 under section 201, $10,000,000 shall be available, in addi14 tion to the amounts specified in subsection (a), for the pro15 grams, projects, and activities described in subsection (a).

16 Subtitle B—Program Requirements,

17 Restrictions, and Limitations

18 SEC. 211. KINETIC ENERGY ANTISATELLITE PROGRAM.

19 (a) CONVERSION OF PROGRAM.—The Secretary of De20 fense shall convert the Kinetic Energy Antisatellite (KE–

21 ASAT) Program to a tactical antisatellite technologies pro22 gram.

23 (b) LEVEL FUNDING.—Of the amounts authorized to

24 be appropriated in this title, $10,000,000 shall be available
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1 for fiscal year 1994 for engineering development under the

2 program.

3 (c) DEVELOPMENT OF MOST CRITICAL TECH4 NOLOGIES.—The amount referred to in subsection (b) shall

5 be available for engineering development of the most critical

6 antisatellite technologies.

7 (d) LIMITATION PENDING SUBMISSION OF REPORT.—

8 No funds appropriated to the Department of Defense for

9 fiscal year 1994 may be obligated for the Kinetic Energy

10 Antisatillite (KE–ASAT) program until the Secretary of

11 Defense submits to Congress the report required by section

12 1363 of the National Defense Authorization Act for Fiscal

13 Year 1993 (Public Law 102–484; 106 Stat. 2560) that con14 tains, in addition to the matter required by such section,

15 the Secretary’s certification that there is a requirement for

16 an antisatellite program.

17 SEC. 212. JAVELIN MISSILE PROGRAM.

18 (a) LIMITATION.—Of the funds authorized to be appro19 priated in section 201(1), not more than $34,937,000 may

20 be obligated for the Javelin missile program until the Sec21 retary of Defense certifies to the congressional defense com22 mittees that the Under Secretary of Defense for

23 Acquisition—

24 (1) has conducted a thorough review of such pro25 gram;
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1 (2) has determined that the cost problems with

2 the Javelin missile development and production are

3 under control;

4 (3) has completed a cost-effectiveness evaluation

5 and determined that the Javelin missile should enter

6 production; and

7 (4) has approved an enhanced producibility plan

8 developed by the Army.

9 (b) COST GROWTH REPORT.—The Secretary of Defense

10 shall submit to Congress a report on the total extent of the

11 increase in the cost of the Javelin program. The Secretary

12 shall include in the report the Secretary’s assessment of the

13 extent of the contractor’s liability for the increased cost and

14 the actions being taken by or on behalf of the United States

15 to obtain compensation for the contractor’s share of the re16 sponsibility for the increased cost.

17 SEC. 213. PLAN FOR TESTING NEW ELECTRONIC COUNTER18 MEASURES SYSTEM FOR B–1B BOMBERS.

19 (a) REQUIREMENT FOR PLAN.—The Secretary of De20 fense shall develop a plan for testing the new electronic

21 countermeasures system being developed for the B–1B bomb22 er.

23 (b) CONTENT OF PLAN.—The plan shall contain—

24 (1) a detailed description of plans for devel25 opmental testing and for operational testing, includ-
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1 ing early operational testing by the Director of Oper2 ational Test and Evaluation; and

3 (2) a full description of the range of test param4 eters, including B–1B bomber flight conditions, indi5 vidual threat systems against which countermeasures

6 will be tested, and testing of countermeasures in the

7 presence of multiple threats.

8 (c) SUBMISSION OF PLAN.—(1) The Secretary shall

9 submit the plan to the congressional defense committees.

10 (2) The Secretary shall provide a copy of the plan to

11 the Director of Operational Test and Evaluation.

12 (d) REVIEW AND COMMENT.—The Director of Oper13 ational Test and Evaluation shall review the plan and sub14 mit any comments on the plan to the Secretary and directly

15 to the congressional defense committees.

16 (e) SCOPE OF REVIEW.—The review required under

17 subsection (d) shall include—

18 (1) the adequacy of the test plan to permit meas19 urement of the extent to which the new electronic

20 countermeasures system, if procured and installed in

21 all B–1B bombers, would improve the survivability of

22 B–1B bombers;

23 (2) the adequacy of available threat simulators

24 to characterize threats that the B–1B bomber is likely

25 to encounter on conventional bombing missions;
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1 (3) the contribution of the new electronic coun2 termeasures system to the effectiveness of the employ3 ment of B–1B bombers on conventional bombing mis4 sions if the new electronic countermeasures system

5 were installed on all B–1B bomber aircraft; and

6 (4) such other matters as the Director of Oper7 ational Test and Evaluation considers significant.

8 (f) AVAILABILITY OF AUTHORIZED FUNDS.—Of the

9 amount authorized to be appropriated under section 201(3),

10 not more than $43,500,000 shall be available for the new

11 electronic countermeasures system under the B–1B bomber

12 aircraft program.

13 (g) LIMITATIONS.—(1) None of the funds made avail14 able pursuant to subsection (f) may be obligated until all

15 of the requirements set forth in section 152 of the National

16 Defense Authorization Act for Fiscal Year 1993 (Public

17 Law 102–484; 106 Stat. 2340) have been met.

18 (2) Of the amount made available pursuant to sub19 section (f), not more than $20,000,000 may be obligated

20 until the plan required by subsection (a) has been submitted

21 to the congressional defense committees.

22 SEC. 214. SPACE LAUNCH PLAN.

23 (a) PLAN REQUIRED.—The Secretary of Defense shall

24 develop a space launch plan that contains clearly defined

25 priorities, goals, and milestones regarding new space
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1 launch vehicles and technology. The Secretary shall submit

2 the plan to Congress at the same time that he submits to

3 Congress the future years defense program in 1994 pursu4 ant to section 221 of title 10, United States Code.

5 (b) SELECTION OF LAUNCH VEHICLE OPTIONS.—Of

6 the amount authorized to be appropriated in section 201(3)

7 and to be made available for research, development, test,

8 and evaluation of new space launch systems and technology,

9 the Secretary of Defense shall allocate not less than 75 per10 cent of such amount to one of the following options for a

11 space launch system:

12 (1) A comprehensive demonstration of high-risk,

13 far-term launch technology, such as reusable single14 stage-to-orbit and air-breathing propulsion.

15 (2) A competitive acquisition program for a du16 rable and inexpensive expendable or reusable launch

17 vehicle with an initial operational capability date

18 early in the next decade.

19 (3) A program to modify existing launch vehicles

20 to achieve decreased cost and increased responsiveness.

21 (c) LIMITATION.—Not more than one-third of the

22 amount authorized to be appropriated in section 201(3)

23 and to be made available for research, development, test,

24 and evaluation of new space launch systems and technology

25 may be obligated until the Secretary certifies to the congres-
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1 sional defense committees that the option selected for fund2 ing in accordance with subsection (b) is fully funded in the

3 future years defense program referred to in subsection (a).

4 (d) USE OF FOREIGN LAUNCH VEHICLES.—(1) The

5 Secretary of Defense shall conduct one or more studies to

6 determine the potential for using space launch vehicles of

7 foreign countries to launch United States national security

8 payloads. The studies shall be conducted with the goal of

9 determining whether the use of such launch vehicles would

10 result in reduced costs for launches of national security

11 payloads, increased competition in the furnishing of space

12 launch vehicles for launching such payloads, and a reduc13 tion in the excessive United States space launch industrial

14 base.

15 (2) Of the funds authorized to be appropriated under

16 section 201(3) and to be made available for research, devel17 opment, test, and evaluation of new space launch systems

18 and technology, the Secretary of Defense shall allocate up

19 to $5,000,000 for conducting studies described in paragraph

20 (1).

21 (e) REQUIREMENT REGARDING DEVELOPMENT OF

22 NEW LAUNCH VEHICLES.—If the Secretary of Defense se23 lects an option referred to in paragraph (1) or (2) of sub24 section (b) for full funding in the future years defense plan

25 referred to in subsection (a), the Secretary shall explore in-
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1 novative government-industry funding, management, and

2 acquisition strategies to minimize the cost and time in3 volved.

4 (f) REQUIREMENT REGARDING MODIFICATION OF EX5 ISTING LAUNCH VEHICLES.—If the Secretary of Defense se6 lects the option referred to in paragraph (3) of subsection

7 (b) for full funding under the future years defense plan re8 ferred to in subsection (a), the Secretary’s plan shall pro9 vide for Department of Defense use of one medium-lift

10 launch vehicle for satellite payloads instead of three me11 dium-lift launch vehicles. The Secretary shall use competi12 tive procedures to select the supplier of medium-lift launch

13 vehicles.

14 (g) COST REDUCTION REQUIREMENT.—The plan shall

15 provide for reducing the cost of producing existing launch

16 vehicles at current and projected production rates below the

17 current estimates of the costs for such production rates.

18 SEC. 215. MEDICAL COUNTERMEASURES AGAINST

19 BIOWARFARE THREATS.

20 (a) FUNDING.—Of the amounts appropriated pursuant

21 to section 201 for fiscal year 1994, not more than

22 $108,300,000 shall be available for the medical component

23 of the Biological Defense Research Program (BDRP) of the

24 Department of Defense.
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1 (b) LIMITATIONS.—(1) Funds appropriated or other2 wise made available for the Department of Defense for fiscal

3 year 1994 may be obligated and expended for product devel4 opment, and for research, development, testing, and evalua5 tion, of medical countermeasures against biowarfare threat

6 agents only in accordance with this section.

7 (2) Of the funds made available pursuant to subsection

8 (a), not more than $10,000,000 may be obligated or ex9 pended for research, development, test, or evaluation of med10 ical countermeasures against far-term validated biowarfare

11 threat agents.

12 (3) Of the funds made available pursuant to subsection

13 (a), other than funds made available pursuant to para14 graph (2) for the purpose set out in that paragraph—

15 (A) not more than 80 percent may be obligated

16 and expended for product development, or for re17 search, development, test, or evaluation, of medical

18 countermeasures against near-term validated

19 biowarfare threat agents; and

20 (B) not more than 20 percent may be obligated

21 or expended for product development, or for research,

22 development, test, or evaluation, of medical counter23 measures against mid-term validated biowarfare

24 threat agents.
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1 (c) DEFINITIONS.—In this section, the terms ‘‘vali2 dated biowarfare threat agent’’, ‘‘near-term validated

3 biowarfare threat agent’’, ‘‘mid-term validated biowarfare

4 threat agent’’, and ‘‘far-term validated biowarfare threat

5 agent’’ have the meanings given such terms, respectively,

6 in section 241(c) of the National Defense Authorization Act

7 for Fiscal Year 1993 (Public Law 102–484, 106 Stat.

8 2359).

9 SEC. 216. BASELINE REPORT FOR THE ARROW TACTICAL

10 BALLISTIC MISSILE DEFENSE SYSTEM.

11 (a) BASELINE REPORT REQUIRED.—Not later than

12 April 1, 1994, the Secretary of Defense shall submit to the

13 congressional defense committees a baseline report on the

14 Arrow tactical ballistic missile defense system of Israel. The

15 Secretary shall design the report to provide such committees

16 with the information the committees need to perform their

17 oversight function.

18 (b) CONTENT OF REPORT.—At a minimum, the report

19 shall include the following matters:

20 (1) The development and procurement schedules

21 for the program.

22 (2) The estimated total cost of the program.

23 (3) The estimated total cost to the United States

24 of involvement in the program, including funding
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1 provided through foreign military sales financing

2 under the Arms Export Control Act.

3 (4) The same or similar kinds of information

4 that are included for a major defense acquisition pro5 gram in a Selected Acquisition Report submitted pur6 suant to section 2432 of title 10, United States Code,

7 to the extent that the Secretary can adapt the infor8 mation requirements of that section for application to

9 the Arrow tactical ballistic missile defense system.

10 (5) An assessment of the performance of the

11 Arrow system.

12 (6) An evaluation of the development and pro13 duction risks under the program.

14 (7) Alternatives to the Arrow system for meeting

15 the tactical ballistic missile defense needs of Israel, in16 cluding providing Israel with an existing or planned

17 United States weapon system.

18 (8) For each such alternative—

19 (A) an assessment of the cost effectiveness of

20 undertaking the alternative;

21 (B) the technology transfer implications;

22 and

23 (C) the weapon proliferation implications.

24 (c) FORMS OF REPORT.—The Secretary shall submit

25 the report in classified and unclassified versions.
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1 SEC. 217. LIMITATIONS REGARDING FEDERALLY FUNDED

2 RESEARCH AND DEVELOPMENT CENTERS.

3 (a) LIMITATIONS.—(1) Funds appropriated or other4 wise made available for the Department of Defense for fiscal

5 year 1994 pursuant to an authorization of appropriations

6 in section 201 may be obligated for procuring work from

7 any federally funded research and development center

8 named in the table in paragraph (2) subject to the limita9 tions set forth for such center in that table.

10 (2) The table referred to in paragraph (1) is as follows:

Federally funded

research and development center:

Type of work for which

funds may be obligated:

Maximum

amount

that may be

obligated:

Maximum

number of

MTS-years

that may be

procured:

Center for Naval

Analysis.

(unspecified) $45,400,000 230

Institute for Defense

Analysis. Systems and engineering inconnection with operational test and evaluation.

$13,500,000 76

Research and development

in connection with command, control, communications, and intelligence.

$33,500,000 136

Studies and analysis. $56,000,000 300

Rand Project Air

Force.

(unspecified) $24,000,000 116

National Defense

Research Institute.

(unspecified) $23,200,000 115

Arroyo Center. (unspecified) $21,000,000 104

Logistics Management Institute. (unspecified) $25,690,000 96

Aerospace Corporation. (unspecified) $376,770,000 2,165

MIT Lincoln Laboratory. (unspecified) $299,300,000 994

Mitre ....................... (unspecified) $399,700,000 2,357

Software Engineering Institute.(unspecified) $34,590,000 190

Institute for Advanced Technology.(unspecified) $0 0
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1 (b) AUTHORITY TO WAIVE LIMITATIONS.—The Sec2 retary of Defense may waive a limitation regarding a max3 imum amount or a maximum number of MTS-years that

4 applies under subsection (a) to a federally funded research

5 and development center if—

6 (1) the Secretary has notified the congressional

7 defense committees of the proposed waiver and the

8 reasons for the waiver, and the 60-day period that be9 gins on the date of the notification has elapsed; or

10 (2) the Secretary determines that it is essential

11 to the national security that funds be obligated for

12 work in excess of that limitation within 60 days and

13 notifies the congressional defense committees of that

14 determination and the reasons for the determination.

15 (c) REPORT ON ALLOCATIONS FOR CENTERS.—Not

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

17 Act, the Secretary of Defense shall submit to the congres18 sional defense committees a report containing the following

19 information:

20 (1) The proposed funding level and the estimated

21 personnel level for fiscal year 1994 for each federally

22 funded research and development center.

23 (2) The funding source for that funding level, by

24 program element, and the amount transferred or to be
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1 transferred from that source to each federally funded

2 research and development center.

3 (d) LIMITATION PENDING SUBMISSION OF REPORT.—

4 Notwithstanding any other provision of this section, no

5 funds appropriated or otherwise made available for the De6 partment of Defense for fiscal year 1994 may be obligated

7 to obtain work from any federally funded research and de8 velopment center until the Secretary of Defense has submit9 ted the report required by subsection (c).

10 (e) LIMITATION REGARDING EMPLOYEE COMPENSA11 TION.—(1) Except as provided in paragraph (2), during

12 fiscal year 1994 no appropriated funds may be used to pay

13 an employee of a federally funded research and development

14 center named in the table in subsection (a)(2) at a higher

15 rate of compensation than the rate of compensation that

16 the center paid such employee during fiscal year 1993.

17 (2) The Secretary of Defense may waive the applicabil18 ity of the limitation in paragraph (1) to any federally fund19 ed research and development center that certifies to the Sec20 retary of Defense that the total expenditures of the center

21 for fiscal year 1994, including any increases and planned

22 increases in the rates of compensation for employees of the

23 center, will be less than the amount equal to 94 percent

24 of the maximum amount set forth for such center in the

25 table in subsection (a)(2).
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1 (f) DEFINITION.—In this section:

2 (1) The term ‘‘MTS-year’’ means a member of

3 technical staff-year, as defined by the Secretary of De4 fense.

5 (2) The term ‘‘technical staff’’, with respect to a

6 federally funded research and development center,

7 means the following employees of the center:

8 (A) Researchers.

9 (B) Mathematicians.

10 (C) Programmers.

11 (D) Analysts.

12 (E) Economists.

13 (F) Scientists.

14 (G) Engineers.

15 (H) Other employees of the center who per16 form professional level technical work primarily

17 in any of the following fields:

18 (i) Studies and analyses.

19 (ii) System engineering and integra20 tion.

21 (iii) Systems planning.

22 (iv) Program and policy planning and

23 analysis.

24 (v) Basic and applied research.
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1 (g) FUNDING.—(1) Of the amounts authorized to be

2 appropriated to the Department of Defense for research, de3 velopment, test, and evaluation for fiscal year 1994 pursu4 ant to section 201, not more than $1,352,650,000 may be

5 obligated for procuring services from the federally funded

6 research and development centers listed in the table in sub7 section (a)(2).

8 (2) None of the funds authorized to be obligated under

9 paragraph (1) may be obligated for the procurement of serv10 ices from the Institute for Advanced Technology.

11 (h) UNDISTRIBUTED REDUCTION.—The total amount

12 authorized to be appropriated for research, development,

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

14 $200,000,000.

15 Subtitle C—Missile Defense

16 Programs

17 SEC. 221. REVISION OF THE MISSILE DEFENSE ACT OF 1991.

18 (a) TERMINOLOGY AMENDMENTS.—The Missile De19 fense Act of 1991 (10 U.S.C. 2431 note) is amended—

20 (1) in section 234(c)(1)—

21 (A) by striking out ‘‘Strategic Defense Ini22 tiative Organization (SDIO)’’ and inserting in

23 lieu thereof ‘‘Ballistic Missile Defense Organiza24 tion (BMDO)’’; and
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1 (B) by striking out ‘‘Strategic Defense Ini2 tiative Organization’s’’ and inserting in lieu

3 thereof ‘‘Ballistic Missile Defense Organiza4 tion’s’’;

5 (2) in section 235—

6 (A) in the section heading, by striking out

7 ‘‘STRATEGIC DEFENSE INITIATIVE’’ and in8 serting in lieu thereof ‘‘BALLISTIC MISSILE

9 DEFENSE PROGRAM’’; and

10 (B) in the text of such section, by striking

11 out ‘‘Strategic Defense Initiative’’ each place it

12 appears and inserting in lieu thereof ‘‘Ballistic

13 Missile Defense program’’;

14 (3) in the heading of section 236, by striking out

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

16 (4) in sections 234, 235, and 236, by striking out

17 ‘‘Strategic Defense Initiative Organization’’ each

18 place it appears and inserting in lieu thereof ‘‘Ballis19 tic Missile Defense Organization’’.

20 (b) REPEAL OF FUNDING, REPORTING, AND TRANSFER

21 PROVISIONS.—(1) Section 237 of such Act is repealed.

22 (2) Such Act is amended by redesignating sections 238,

23 239, and 240 as sections 237, 238, and 239, respectively.
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1 SEC. 222. FUNDING OF CERTAIN BALLISTIC MISSILE DE2 FENSE PROGRAMS.

3 (a) FUNDING FOR CERTAIN BALLISTIC MISSILE

4 RDT&E.—If a decision is not made before February 28,

5 1994, to proceed into engineering and manufacturing devel6 opment under a weapon system program referred to in sub7 section (b), the funds appropriated pursuant to the author8 ization of appropriations in section 201 that are available

9 for engineering and manufacturing development for such a

10 program shall be available for research, development, test,

11 and evaluation of the Patriot PAC–3 Missile program.

12 (b) COVERED WEAPON SYSTEM PROGRAMS.—For pur13 poses of subsection (a) the weapon system programs referred

14 to in this subsection are as follows:

15 (1) The Patriot Multimode Missile Program.

16 (2) The Extended Range Interceptor (ERINT)

17 missile program.

18 SEC. 223. REQUIREMENT FOR REVIEW OF BALLISTIC MIS19 SILE DEFENSE SYSTEMS AND COMPONENTS

20 FOR COMPLIANCE WITH ABM TREATY.

21 (a) FINDINGS.—Congress makes the following findings:

22 (1) That section 232(a)(1) of the Missile Defense

23 Act of 1991 (10 U.S.C. 2431 note) establishes a goal

24 for the United States to comply with the ABM Treaty

25 (including any protocol or amendment thereto) and

26 not develop, test, or deploy any ballistic missile de-
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1 fense system, or component thereof, in violation of

2 that treaty (as modified by any protocol or amend3 ment thereto) while deploying an anti-ballistic missile

4 system capable of providing a highly effective defense

5 of the United States against limited attacks of ballis6 tic missiles.

7 (2) That the Department of Defense has con8 ducted no formal compliance reviews of any of the

9 components or systems scheduled for early deployment

10 as part of either the Theater Missile Defense Initiative

11 or the initial limited defense system to be located at

12 Grand Forks, North Dakota.

13 (3) That the Department of Defense is continu14 ing to obligate hundreds of millions of dollars during

15 fiscal year 1993 for the development and testing of

16 systems or components of ballistic missile defense sys17 tems prior to a determination that, if successfully de18 veloped, tested, or deployed, those systems and compo19 nents would be in compliance with the ABM Treaty.

20 (4) That the Department of Defense is requesting

21 the authorization and appropriation of additional

22 funds for continued development of such systems and

23 components during fiscal year 1994.

24 (5) That the United States and its allies face ex25 isting and expanding threats from ballistic missiles
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1 capable of being utilized as theater weapon systems

2 that are presently possessed by, being developed by, or

3 being acquired by a number of countries such as Iraq,

4 Iran, North Korea, and others.

5 (6) That some theater ballistic missiles presently

6 deployed or being developed (such as the Chinese7 made CSS–2) have capabilities equal to or greater

8 than missiles which had been determined to be strate9 gic missiles 20 years earlier under the U.S.–USSR

10 SALT I Interim Agreement of 1972.

11 (7) That the ABM Treaty was not intended to,

12 and does not, apply to or limit research, development,

13 testing, or deployment of missile defense systems, sys14 tem upgrades, or system components that are designed

15 to counter modern theater ballistic missiles regardless

16 of their capabilities, unless such systems, system up17 grades, or system components are tested against or

18 have demonstrated capabilities to counter modern

19 strategic ballistic missiles.

20 (8) That it is a national security priority of the

21 United States to develop and deploy highly effective

22 theater missile defense systems capable of countering

23 the existing and expanding threats posed by modern

24 theater ballistic missiles, as soon as is technically pos25 sible.
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1 (9) That it is essential that the Secretary of De2 fense immediately undertake and complete compliance

3 reviews of proposed theater missile defense systems,

4 system upgrades, and system components so as to not

5 delay the development and deployment of such highly

6 effective theater missile defense systems.

7 (10) That the Secretary of Defense should imme8 diately report to the Congress on any issue which

9 arises during the course of such compliance reviews

10 which appears to indicate that any provision of the

11 ABM Treaty may limit research, development, test12 ing, or deployment by the United States of highly ef13 fective theater missile defense systems capable of coun14 tering modern theater ballistic missiles.

15 (b) REQUIRED COMPLIANCE REVIEW.—(1) The Sec16 retary of Defense shall review the program for each system

17 and system upgrade specified in paragraph (2), and the

18 system components, to determine whether the development,

19 testing, and deployment of that system or system upgrade

20 complies with the ABM Treaty.

21 (2) The systems and system upgrades to be reviewed

22 pursuant to paragraph (1) are as follows:

23 (A) The Patriot Multimode Missile.

24 (B) The Extended Range Interceptor (ERINT).
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1 (C) The Ground-Based Radar for theater missile

2 defenses (GBR–T).

3 (D) The Theater High Altitude Area Defense in4 terceptor missile (THAAD).

5 (E) The Brilliant Eyes space-based sensor sys6 tem.

7 (F) Upgrades to the AEGIS/SPY radar system of

8 the Navy.

9 (G) Upgrades to the Standard Missile–2 (SM–2)

10 interceptor of the Navy.

11 (c) REPORT REQUIRED.—(1) For each system and sys12 tem upgrade specified in paragraph (2) of subsection (b),

13 the Secretary shall submit to the congressional defense com14 mittees a report on the results of the review required by

15 that subsection. A report may include the results of the re16 views of more than one system and system upgrade.

17 (2) With regard to the Brilliant Eyes space-based sen18 sor, the Secretary shall include in the report findings on

19 each of the following issues:

20 (A) Would the current baseline configuration of

21 the Brilliant Eyes space-based sensor comply with the

22 ABM Treaty if the system were used in conjunction

23 with the planned ground-based radar system and its

24 ground-based interceptors at Grand Forks, North Da25 kota?
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1 (B) If not, can design changes or operational

2 changes be made to the Brilliant Eyes space-based

3 sensor that—

4 (i) will result in the usability of the sensor

5 in conjunction with the planned ground-based

6 radar system and its ground-based interceptors

7 being in compliance with the ABM Treaty; and

8 (ii) will not prevent the system from per9 forming its strategic defense missions with a

10 high degree of effectiveness?

11 (C) If not, can the Brilliant Eyes space-based

12 sensor be made, through design changes or operational

13 changes, for use only with theater missile defense sys14 tems and be in compliance with the ABM Treaty?

15 (D) If so, to what extent would the Brilliant

16 Eyes space-based sensor enhance the capability of

17 upper-tier theater defense systems and lower-tier thea18 ter defense systems, respectively?

19 (d) LIMITATIONS ON FUNDING.—(1) Not more than

20 one-half of the funds reported pursuant to section 227(c)

21 to be allocated for fiscal year 1994 for a system or system

22 upgrade specified in subsection (b)(2) of this section may

23 be obligated for that system or system upgrade, or any of

24 its components, until the Secretary has completed the com25 pliance review of such system or system upgrade required
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1 by subsection (b) and has submitted to the congressional

2 defense committees the report on the results of the compli3 ance review of that system or system upgrade as required

4 by subsection (c). The preceding sentence does not apply

5 with respect to the Brilliant Eyes space-based sensor sys6 tem.

7 (2) Not more than $50,000,000 may be obligated for

8 the Brilliant Eyes space-based sensor until the Secretary

9 has completed the compliance review of such system re10 quired by subsection (b) and has submitted to the congres11 sional defense committees the report required under sub12 section (c) for that system.

13 (e) ABM TREATY COMPLIANCE OF THEATER MISSILE

14 DEFENSE SYSTEMS.—The Secretary of Defense has assured

15 the Congress in the January 1993 Report to Congress on

16 the Strategic Defense Initiative and in the June 1993 Re17 port to Congress on the Theater Missile Defense Initiative

18 that all programs, projects, and activities under both initia19 tives that are planned for execution in fiscal year 1994 fully

20 comply with the ABM Treaty.

21 (f) DEFINITION.—In this section, the term ‘‘ABM

22 Treaty’’ has the meaning given such term in section 239

23 of the Missile Defense Act of 1991 (10 U.S.C. 2431 note).
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1 SEC. 224. THEATER MISSILE DEFENSE MASTER PLAN.

2 (a) MASTER PLAN REQUIRED.—(1) Not later than

3 March 1, 1994, the Secretary of Defense shall submit to

4 Congress a report containing an updated master plan for

5 theater missile defenses.

6 (2) The plan shall include the following matters:

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

8 theater missile defense.

9 (B) A description of the role of each of the

10 Armed Forces in theater missile defense and an expla11 nation of how those roles interact and complement

12 each other.

13 (C) An evaluation of the cost and relative effec14 tiveness of each interceptor and sensor under develop15 ment as part of a theater missile defense system by

16 the Ballistic Missile Defense Organization.

17 (D) A detailed acquisition strategy for theater

18 missile defenses, including an analysis and compari19 son of the projected life-cycle costs of each theater mis20 sile defense system intended for production, showing

21 the component costs for—

22 (i) research, development, test, and evalua23 tion;

24 (ii) procurement;

25 (iii) operation and maintenance; and

26 (iv) personnel for each system.
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1 (E) The baseline production rate for each system

2 for each year of the program through completion of

3 procurement.

4 (F) An estimate of the unit cost and capabilities

5 of each element.

6 (G) A description of the current and planned

7 testing program for theater missile defenses, including

8 a description of demonstration targets to be tracked

9 and engaged by multiple interceptors, target discrimi10 nation from decoys, and a shoot-look-shoot capability.

11 (H) A description of how any projected theater

12 missile defense program will conform to existing Anti13 Ballistic Missile Treaty and Intermediate Nuclear

14 Forces Treaty regimes, indicating clearly any poten15 tial noncompliance with either treaty regime, when

16 such noncompliance would occur, and the position of

17 the Secretary of Defense as to whether provisions of

18 either treaty regime would have to be renegotiated

19 within that regime in order to address future contin20 gencies.

21 (I) A description of planned theater missile de22 fense doctrine, training, tactics, and force structure.

23 (b) OBJECTIVES OF PLAN.—In preparing the master

24 plan the Secretary shall—
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1 (1) seek to maximize the use of existing tech2 nologies (such as AEGIS, Patriot, and THAAD) rath3 er than develop new systems;

4 (2) seek to maximize integration and compatibil5 ity among the systems, roles, and missions of the

6 military departments; and

7 (3) seek to promote cross-service use of existing

8 equipment (such as development of Army equipment

9 for the Marine Corps or ground utilization of an air

10 or sea system).

11 SEC. 225. EXTENSION OF AUTHORITY FOR TRANSFER OF

12 RESPONSIBILITY FOR FAR-TERM FOLLOW-ON

13 TECHNOLOGIES.

14 Section 234(d)(2) of the National Defense Authoriza15 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

16 Stat. 2357; 10 U.S.C. 2431 note) is amended—

17 (1) in subparagraph (A)—

18 (A) by striking out ‘‘1993’’ and inserting in

19 lieu thereof ‘‘1994’’;

20 (B) by striking out ‘‘(A)’’; and

21 (C) by redesignating clauses (i) and (ii) as

22 subparagraphs (A) and (B), respectively; and

23 (2) by striking out ‘‘(B) For purposes of sub24 paragraph (A),’’ and all that follows.
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1 SEC. 226. REPORT ON ACQUISITION STREAMLINING TO AC2 CELERATE DEPLOYMENT OF INITIAL ABM

3 SYSTEM.

4 (a) FINDINGS.—The Congress makes the following

5 findings:

6 (1) The Missile Defense Act of 1991 (10 U.S.C.

7 2431 note) calls for the deployment of an ABM Trea8 ty-compliant anti-ballistic missile system capable of

9 providing a highly effective defense of the United

10 States against limited attacks by ballistic missiles.

11 (2) That Act directed the Secretary of Defense to

12 structure a development program with the objective of

13 deploying such systems by the earliest date allowed by

14 the availability of appropriate technology and the

15 completion of adequate integrated testing of all sys16 tems components.

17 (3) Since 1983, in excess of $30,000,000,000 has

18 been provided for research and development of ballis19 tic missile defense capabilities.

20 (4) Notwithstanding this huge expenditure of

21 funds on missile defense technologies, the Secretary of

22 Defense has proposed deployment of such a system no

23 sooner than 2004.

24 (5) It is incredible that the initial deployment of

25 a limited defense capability requires another 11 years
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1 to accomplish within the congressionally mandated

2 guidance.

3 (b) REVIEW REQUIRED.—The Secretary of Defense

4 shall conduct an intensive and extensive review of opportu5 nities to streamline the weapon systems acquisition process

6 applicable to the development, deployment, and testing of

7 ballistic missile defenses with the objective of reducing the

8 cost of deployment and accelerating the schedule for deploy9 ment without significantly increasing programmatic risk

10 or concurrency. In conducting the review, the Secretary

11 shall obtain recommendations and advice from the Defense

12 Science Board, the faculty of the Industrial College of the

13 Armed Forces, and federally funded research and develop14 ment centers supporting the Office of the Secretary of De15 fense.

16 (c) REPORT REQUIRED.—Not later than May 1, 1994,

17 the Secretary shall submit to the congressional defense com18 mittees a report on his findings resulting from the review

19 together with his recommendations for legislation, if any.

20 The Secretary shall submit the report in unclassified form,

21 but may also submit a classified version of the report if

22 he considers it necessary to classify any of the information

23 in his findings or recommendations or any related informa24 tion.
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1 SEC. 227. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO2 GRAMS.

3 (a) TOTAL AMOUNT.—Of the amounts appropriated

4 pursuant to section 201 for fiscal year 1994, or otherwise

5 made available to the Department of Defense for research,

6 development, test and evaluation for fiscal year 1994, not

7 more than $2,684,535,000 may be obligated for programs

8 managed by the Ballistic Missile Defense Organization, of

9 which—

10 (1) not more than 48 percent of the total amount

11 may be obligated for Theater Missile Defense;

12 (2) not more than 32 percent of the total amount

13 may be obligated for the Limited Defense System;

14 (3) not more than 9 percent of the total amount

15 may be obligated for Other Follow-On Systems;

16 (4) not more than 10 percent of the total amount

17 may be obligated for Research and Other Support Ac18 tivities; and

19 (5) not more than 1 percent of the total amount

20 may be obligated for Small Business Innovation Re21 search program and the Small Business Technology

22 Transfer program.

23 Notwithstanding paragraphs (1), (2), (3), and (4), the Sec24 retary of Defense may obligate for a ballistic missile defense

25 initiative or program element referred to in any such para26 graph a total amount that exceeds by not more than 10
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1 percent the maximum amount determined under that para2 graph, except that the total amount obligated for all pro3 grams managed by the Ballistic Missile Defense Organiza4 tion may not exceed the total amount authorized in the

5 matter above paragraph (1).

6 (b) LIMITATION ON NUMBER OF TMD PROGRAMS.—

7 (1) Subject to paragraph (2), the amount authorized to be

8 obligated for Theater Missile Defense may be obligated only

9 for—

10 (A) the Patriot PAC–3 Missile program;

11 (B) not more than 2 other lower-tier theater mis12 sile defense programs;

13 (C) not more than 2 upper-tier theater missile

14 defense programs; and

15 (D) not more than 2 boost-phase intercept thea16 ter missile defense programs.

17 (2) The President may waive the limitation in para18 graph (1) to the extent that the President determines appro19 priate in the national security interest of the United States.

20 (c) FUNDS NOT TO BE MADE AVAILABLE FOR BRIL21 LIANT EYES.—None of the funds authorized to be obligated

22 under subsection (a) may be obligated for the Brilliant Eyes

23 space-based sensor program.

24 (d) REPORTING REQUIREMENT.—Not later than 60

25 days after the date of the enactment of this Act, the Sec-
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1 retary of Defense shall submit to the congressional defense

2 committees a report on the allocation of funds appropriated

3 for the ballistic missile defense program for fiscal year 1994.

4 The report shall specify the amount of such funds allocated

5 for each program, project, and activity managed by the Bal6 listic Missile Defense Organization and shall list each bal7 listic missile defense program, project, and activity under

8 the appropriate program element.

9 SEC. 228. TESTING OF NATIONAL MISSILE DEFENSE PRO10 GRAM PROJECTS.

11 (a) ADVANCE REVIEW AND APPROVAL OF PROPOSED

12 DEVELOPMENTAL TESTS.—No developmental test may be

13 conducted under the limited missile defense program ele14 ment of the Ballistic Missile Defense Program until the Di15 rector of the Ballistic Missile Defense Organization has no16 tified the Secretary of Defense of the test and the Secretary

17 has reviewed and approved (or approved with changes) the

18 test plan.

19 (b) INDEPENDENT MONITORING OF TESTS.—(1) The

20 Secretary shall provide for monitoring of the implementa21 tion of each test plan referred to in subsection (a) by a

22 group composed of independent persons who—

23 (A) by reason of education, training, or experi24 ence, are qualified to monitor the testing covered by

25 the plan; and
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1 (B) are not assigned or detailed to, or otherwise

2 performing duties of, the Ballistic Missile Defense Or3 ganization and are otherwise independent of such or4 ganization.

5 (2) The monitoring group shall submit to the Secretary

6 its analysis of, and conclusions regarding, the conduct and

7 results of each test monitored by the group.

8 Subtitle D—Other Matters

9 SEC. 231. NUCLEAR TESTING.

10 (a) LIMITATIONS.—(1) None of the funds appropriated

11 pursuant to an authorization in this or any other Act may

12 be obligated to support underground explosions of nuclear

13 weapons, or devices, for testing of the effects of nuclear

14 weapon explosions, including the so-called ‘‘Mighty Uncle’’

15 test.

16 (2) Funds available for the so-called ‘‘Mighty Uncle’’

17 test may not be obligated until the Secretary of Defense sub18 mits to the congressional defense committees a detailed

19 spending plan for underground nuclear weapon testing that

20 is consistent with the provisions of section 507 of Public

21 Law 102–377 (106 Stat. 1343).

22 (b) CERTAIN ACTIONS AUTHORIZED.—The Secretary

23 of Defense may proceed with underground nuclear test tun24 nel deactivation and environmental cleanup and may ex-
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1 pend funds for infrastructure activities not prohibited by

2 subsection (a).

3 (c) FUNDING.—Of the funds authorized to be appro4 priated pursuant to section 201, not more than $38,000,000

5 may be used for activities described in subsection (b).

6 (d) TERMINATION OF SAFEGUARD C PROGRAM.—The

7 atmospheric test readiness program known as ‘‘Safeguard

8 C’’ is hereby terminated.

9 SEC. 232. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT

10 RESPONSIBILITY FOR NAVAL MINE COUNTER11 MEASURES PROGRAM TO THE DIRECTOR, DE12 FENSE RESEARCH AND ENGINEERING.

13 Section 216(a) of the National Defense Authorization

14 for Fiscal Years 1992 and 1993 (Public Law 102–190; 105

15 Stat. 1317) as amended by section 215(l) of the National

16 Defense Authorization Act for Fiscal Year 1993 (Public

17 Law 102–484; 106 Stat. 2352) is amended by striking out

18 ‘‘fiscal years 1994 through 1997’’ and inserting in lieu

19 thereof ‘‘fiscal years 1995 through 1999’’.

20 SEC. 233. TERMINATION, REESTABLISHMENT, AND RECON21 STITUTION OF AN ADVISORY COUNCIL ON

22 SEMICONDUCTOR TECHNOLOGY.

23 (a) TERMINATION OF ADVISORY COUNCIL ON FEDERAL

24 PARTICIPATION IN SEMATECH.—The Advisory Council on

25 Federal Participation in Sematech established by section
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1 273 of the National Defense Authorization Act for Fiscal

2 Years 1988 and 1989 (15 U.S.C. 4603) is hereby termi3 nated.

4 (b) SEMICONDUCTOR TECHNOLOGY COUNCIL.—Section

5 273 of the National Defense Authorization Act for Fiscal

6 Years 1988 and 1989 (15 U.S.C. 4603) is amended by strik7 ing out the heading and subsections (a) through (c) and

8 inserting in lieu thereof the following:

9 ‘‘SEC. 273. SEMICONDUCTOR TECHNOLOGY COUNCIL.

10 ‘‘(a) ESTABLISHMENT.—There is established the Semi11 conductor Technology Council.

12 ‘‘(b) PURPOSES AND FUNCTIONS.—(1) The purposes of

13 the Council are—

14 ‘‘(A) to seek ways to respond to the technology

15 challenges for semiconductors by increasing efficiency,

16 promoting creativity and entrepreneurship, and fos17 tering precompetitive cooperation among industry,

18 government, and academia; and

19 ‘‘(B) to make available judgments, assessments,

20 insights, and recommendations that relate to the op21 portunities for new research and development efforts

22 and the potential to better rationalize and align on

23 a national basis semiconductor research and develop24 ment.

25 ‘‘(2) The Council shall—
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1 ‘‘(A) advise Sematech and the Secretary of De2 fense on appropriate technology goals for the research

3 and development activities of Sematech;

4 ‘‘(B) review the technology developments and

5 core technology challenges for semiconductors and ex6 plore opportunities for improved coordination among

7 industry, government, and academia;

8 ‘‘(C) exchange views regarding the competitive9 ness of the semiconductor technology base and new or

10 emerging semiconductor technologies that could affect

11 national economic and security interests;

12 ‘‘(D) exchange and update information and

13 identify overlaps and gaps regarding the efforts of in14 dustry, government, and academia in semiconductor

15 research and development;

16 ‘‘(E) assess technology progress relative to the

17 semiconductor technology roadmap;

18 ‘‘(F) make recommendations regarding the scope

19 and content of semiconductor technology development

20 supported by Federal departments and agencies;

21 ‘‘(G) appoint subgroups as necessary in connec22 tion with updating and implementing the semi23 conductor technology roadmap; and

24 ‘‘(H) publish an annual report addressing the

25 semiconductor technology challenges and developments
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1 for industry, government, and academia and the rela2 tionship among the challenges and developments for

3 each, with particular emphasis on the role of

4 Sematech.

5 ‘‘(c) MEMBERSHIP.—The Council shall be composed of

6 14 members as follows:

7 ‘‘(1) The Under Secretary of Defense for Acquisi8 tion, who shall be Cochairman of the Council.

9 ‘‘(2) The Under Secretary of Energy responsible

10 for science and technology matters.

11 ‘‘(3) The Under Secretary of Commerce for Tech12 nology.

13 ‘‘(4) The Director of the Office of Science and

14 Technology Policy.

15 ‘‘(5) The Assistant to the President for Economic

16 Policy.

17 ‘‘(6) The Director of the National Science Foun18 dation.

19 ‘‘(7) Eight members appointed by the President

20 as follows:

21 ‘‘(A) Four individuals who are eminent in

22 the semiconductor device industry, one of whom

23 shall be Cochairman of the Council.
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1 ‘‘(B) Two individuals who are eminent in

2 the semiconductor equipment and materials in3 dustry.

4 ‘‘(C) One individual who is eminent in the

5 semiconductor user industry.

6 ‘‘(D) One individual who is eminent in an

7 academic institution.’’.

8 (c) CONFORMING AMENDMENTS.—Part F of title II of

9 such Act is amended—

10 (1) in section 271(c) (15 U.S.C. 4601(c)), by

11 striking out paragraph (1) and inserting in lieu

12 thereof the following:

13 ‘‘(1) The terms ‘Semiconductor Technology

14 Council’ and ‘Council’ mean the advisory council es15 tablished by section 273.’’;

16 (2) in section 272(b)(1)(B) (15 U.S.C.

17 4602(b)(1)(B)), by striking out ‘‘Advisory Council on

18 Federal Participation in Sematech’’ and inserting in

19 lieu thereof ‘‘Semiconductor Technology Council’’; and

20 (3) in section 273 (15 U.S.C. 4603)—

21 (A) in the first sentence of subsection (d)—

22 (i) by striking out ‘‘(c)(6)’’ and insert23 ing in lieu thereof ‘‘(c)(7)’’; and

24 (ii) by striking out ‘‘two shall be ap25 pointed for a term of two years’’ and insert-
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1 ing in lieu thereof ‘‘three shall be appointed

2 for a term of two years’’;

3 (B) in the first sentence of subsection (e), by

4 striking out ‘‘(c)(6)’’ and inserting in lieu there5 of ‘‘(c)(7)’’; and

6 (C) in subsection (f), by striking out ‘‘Seven

7 members’’ and inserting in lieu thereof ‘‘Nine

8 members’’.

9 (d) AUTHORITY TO CALL MEETING.—Section 273(g)

10 of such Act (15 U.S.C. 4603(g)) is amended by striking out

11 ‘‘the Chairman or a majority of its members’’ and inserting

12 in lieu thereof ‘‘a Cochairman’’.

13 (e) SOURCE OF SUPPORT FOR SEMATECH.—Section

14 273 of such Act (22 U.S.C. 4603) is amended by adding

15 at the end the following new subsection:

16 ‘‘(j) SUPPORT FOR COUNCIL.—The Council shall uti17 lize Sematech as needed for general and administrative sup18 port in accomplishing the Council’s purposes.’’.

19 (f) FIRST MEETING OF NEW COUNCIL.—The first

20 meeting of the Semiconductor Technology Council shall be

21 held not later than 45 days after the date of the enactment

22 of this Act.

23 (g) REFERENCE TO COUNCIL.—A reference in any pro24 vision of law to the Advisory Council on Federal Participa25 tion in Sematech shall be deemed to refer to the Semi-
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1 conductor Technology Council established by section 273 of

2 the National Defense Authorization Act for Fiscal Years

3 1988 and 1989, as amended by subsection (b).

4 SEC. 234. AUTHORITY TO ACQUIRE NAVY LARGE CAVITA5 TION CHANNEL, MEMPHIS, TENNESSEE.

6 (a) AUTHORITY TO ACQUIRE.—The Secretary of the

7 Navy may acquire all right, title, and interest of any party

8 in and to a parcel of real property, including improvements

9 thereon, consisting of approximately 88 acres and located

10 on President’s Island, Memphis, Tennessee, the site of the

11 Navy Large Cavitation Channel.

12 (b) FUNDING.—To the extent provided in appropria13 tions Acts, amounts appropriated pursuant to section

14 201(2) for the Navy shall be available for the acquisition

15 of real property authorized under subsection (a).

16 (c) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of the real property to be acquired

18 under subsection (a) shall be determined by a survey that

19 is satisfactory to the Secretary.

20 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require any additional terms and conditions

22 in connection with the acquisition under subsection (a) that

23 the Secretary considers appropriate to protect the interests

24 of the United States.
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1 SEC. 235. STRATEGIC ENVIRONMENTAL RESEARCH COUN2 CIL.

3 (a) MEMBERSHIP.—Section 2902(b) of title 10, United

4 States Code, is amended—

5 (1) by striking out paragraph (1);

6 (2) by redesignating paragraphs (2), (3), and

7 (4), as paragraphs (1), (2), and (3), respectively;

8 (3) by inserting after paragraph (3), as so redes9 ignated, the following new paragraph (4):

10 ‘‘(4) The Deputy Under Secretary of Defense re11 sponsible for environmental security.’’; and

12 (4) by striking out paragraph (6) and inserting

13 in lieu thereof the following new paragraph (6):

14 ‘‘(6) The Assistant Secretary of Energy respon15 sible for environmental restoration and waste man16 agement.’’.

17 (b) EXTENSION OF AUTHORITY TO ESTABLISH EM18 PLOYEE PAY RATES.—Section 2903(d)(2) of title 10, Unit19 ed States Code, is amended by striking out ‘‘November 5,

20 1992’’ and inserting in lieu thereof ‘‘September 30, 1995’’.

21 SEC. 236. SENSE OF THE SENATE ON METALCASTING IN22 DUSTRY.

23 It is the Sense of the Senate that—

24 (1) The health and viability of the metalcasting

25 industry of the United States are a serious risk, and
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1 (2) The Secretary of Defense should seriously

2 consider providing funds, from within the funds made

3 available pursuant to section 204, for metalcasting

4 industry research and development activities, includ5 ing the following activities:

6 (A) Development of casting technologies and

7 techniques.

8 (B) Improvement of technology transfer

9 within the metalcasting industry in the United

10 States.

11 (C) Improvement of training for the

12 metalcasting industry workforce.

13 SEC. 237. INTERIM RECONNAISSANCE PROGRAM.

14 (a) Of the funds authorized to be appropriated in sec15 tion 201 for the Joint Program Office for Unmanned Aerial

16 Vehicles, up to $40,000,000 may be obligated and expended

17 for the purposes of initiating a long-endurance, unmanned

18 reconnaissance aerial vehicle program, subject to the condi19 tions outlined in subsection (b) and subsection (c).

20 (b) The funds may be obligated only to procure, inte21 grate, test and evaluate non-development airframes, sensors,

22 communication equipment, mission planning equipment

23 and ground stations.

24 (c) None of the funds may be obligated until the De25 partment identifies the programs within the jurisdiction of
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1 the Joint Program Office that will be terminated or de2 ferred, consistent with normal reprogramming procedures.

3 Subtitle E—Programs in Support of

4 the Prevention and Control of

5 Proliferation of Weapons of Mass

6 Destruction

7 SEC. 241. SHORT TITLE.

8 This subtitle may be cited as the ‘‘Prevention and Con9 trol of the Proliferation of Weapons of Mass Destruction Act

10 of 1993’’.

11 SEC. 242. SENSE OF CONGRESS.

12 It is the sense of Congress that—

13 (1) the United States should have the ability to

14 counter effectively potential threats to United States

15 interests that arise from the proliferation of such

16 weapons;

17 (2) the Department of Defense, the Department

18 of Energy, and the Intelligence Community have an

19 important role in preventing the proliferation of

20 weapons of mass destruction and dealing with the

21 consequences of any proliferation of such weapons;

22 (3) the Department of Defense, the Department

23 of Energy, and the Intelligence Community have

24 unique capabilities and expertise that can enhance

25 the effectiveness of United States and international
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1 nonproliferation efforts, including capabilities and ex2 pertise regarding—

3 (A) detection and monitoring of prolifera4 tion of weapons of mass destruction;

5 (B) development of effective export control

6 regimes;

7 (C) interdiction and destruction of weapons

8 of mass destruction and related weapons mate9 rial; and

10 (D) carrying out international monitoring

11 and inspection regimes that relate to prolifera12 tion of such weapons and material;

13 (4) the Department of Defense, the Department

14 of Energy, and the Intelligence Community have

15 unique capabilities and expertise that directly con16 tribute to the ability of the United States to imple17 ment United States policy to counter effectively the

18 threats that arise from the proliferation of weapons of

19 mass destruction, including capabilities and expertise

20 regarding—

21 (A) responses to terrorism, theft, or acci22 dents involving weapons of mass destruction;

23 (B) conduct of intrusive international in24 spections for verification of arms control treaties;
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1 (C) direct and discrete counterproliferation

2 actions that require use of force; and

3 (D) development and deployment of active

4 military countermeasures and protective meas5 ures against threats resulting from arms pro6 liferation, including defenses against ballistic

7 missile attacks; and

8 (5) in a manner consistent with the non9 proliferation policy of the United States, the Depart10 ment of Defense, the Department of Energy, and the

11 Intelligence Community should continue to maintain

12 and improve their capabilities to identify, monitor,

13 and respond to the proliferation of weapons of mass

14 destruction and delivery systems for such weapons.

15 SEC. 243. JOINT COMMITTEE FOR REVIEW OF NON16 PROLIFERATION PROGRAMS OF THE UNITED

17 STATES.

18 (a) ESTABLISHMENT.—(1) In support of the non19 proliferation policy of the United States, there is hereby es20 tablished a Non-Proliferation Program Review Committee

21 composed of the following members:

22 (A) The Secretary of Defense.

23 (B) The Secretary of Energy.

24 (C) The Director of Central Intelligence.
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1 (D) The Director of the United States Arms Con2 trol Disarmament Agency.

3 (E) The Chairman of the Joint Chiefs of Staff.

4 (2) The Secretary of Defense shall chair the committee.

5 (3) A member of the committee may designate a rep6 resentative to perform routinely the duties of the member.

7 A representative shall be in a position of Deputy Assistant

8 Secretary or a position equivalent to or above the level of

9 Deputy Assistant Secretary. A representative of the Chair10 man of the Joint Chiefs of Staff shall be a person in a grade

11 equivalent to that of Deputy Assistant Secretary of Defense.

12 (4) The Secretary of Defense may delegate to the Under

13 Secretary of Defense for Acquisition the performance of the

14 duties of the Chairman of the committee.

15 (5) The members of the committee shall first meet not

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

17 Act. Upon designation of working level officials and rep18 resentatives, the members of the committee shall jointly no19 tify the appropriate committees of Congress that the com20 mittee has been constituted. The notification shall identify

21 the representatives designated pursuant to paragraph (3)

22 and the working level officials of the committee.

23 (b) PURPOSES OF THE COMMITTEE.—The purposes of

24 the committee are as follows:
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1 (1) To optimize funding for, and ensure the de2 velopment and deployment of—

3 (A) highly effective technologies and capa4 bilities for the detection, monitoring, collection,

5 processing, analysis, and dissemination of infor6 mation in support of United States nonprolifera7 tion policy; and

8 (B) disabling technologies in support of

9 such policy.

10 (2) To identify and eliminate undesirable

11 redundancies or uncoordinated efforts in the develop12 ment and deployment of such technologies and capa13 bilities.

14 (c) DUTIES.—The committee shall—

15 (1) identify and review existing and proposed

16 capabilities (including counterproliferation capabili17 ties) and technologies for support of United States

18 nonproliferation policy with regard to—

19 (A) intelligence;

20 (B) battlefield surveillance;

21 (C) passive defenses;

22 (D) active defenses;

23 (E) counterforce capabilities;

24 (F) inspection support; and

25 (G) support of export control programs;
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1 (2) as part of the review pursuant to paragraph

2 (1), review all directed energy and laser programs for

3 detecting, characterizing, or interdicting weapons of

4 mass destruction, their delivery platforms, or other

5 orbiting platforms with a view to the elimination of

6 redundancy and the optimization of funding for the

7 systems not eliminated;

8 (3) prescribe requirements and priorities for the

9 development and deployment of highly effective capa10 bilities and technologies to support fully the non11 proliferation policy of the United States;

12 (4) identify deficiencies in existing capabilities

13 and technologies;

14 (5) formulate near-term, mid-term, and long15 term programmatic options for meeting requirements

16 established by the committee and eliminating defi17 ciencies identified by the committee; and

18 (6) in carrying out the other duties of the com19 mittee, ensure that all types of counterproliferation

20 actions are considered.

21 (d) ACCESS TO INFORMATION.—The committee shall

22 have access to information on all programs, projects, and

23 activities of the Department of Defense, Department of En24 ergy, and the intelligence community that are pertinent to

25 the purposes and duties of the committee.
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1 (e) BUDGET RECOMMENDATIONS.—The committee

2 may submit to the officials referred to in subsection (a) any

3 recommendations regarding existing or planned budgets as

4 the committee considers appropriate to encourage funding

5 for capabilities and technologies at the level necessary to

6 support United States nonproliferation policy.

7 SEC. 244. REPORT ON NONPROLIFERATION AND

8 COUNTERPROLIFERATION ACTIVITIES AND

9 PROGRAMS.

10 (a) REPORT REQUIRED.—Not later than May 1, 1994,

11 the Secretary of Defense shall submit to Congress a report

12 on the findings of the committee on nonproliferation activi13 ties established pursuant to section 243.

14 (b) CONTENT OF REPORT.—The report shall include

15 the following matters:

16 (1) A complete list, by program, of the existing,

17 planned, and proposed capabilities and technologies

18 reviewed by the committee, including all directed en19 ergy and laser programs reviewed pursuant to section

20 243(c)(2).

21 (2) A complete description of the requirements

22 and priorities established by the committee.

23 (3) A comprehensive discussion of the near-term,

24 mid-term, and long-term programmatic options for25 mulated by the committee for meeting requirements
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1 prescribed by the committee and eliminating defi2 ciencies identified by the committee, including the an3 nual funding requirements and completion dates es4 tablished for each such option.

5 (4) An explanation of the recommendations

6 made pursuant section 243(e) and a full discussion of

7 the actions taken on such recommendations, including

8 the actions taken to implement the recommendations.

9 (5) A discussion of the existing and planned ca10 pabilities of the Armed Forces of the United States—

11 (A) to detect and monitor clandestine pro12 grams for the acquisition or production of weap13 ons of mass destruction;

14 (B) to respond to terrorism or accidents in15 volving such weapons and thefts of materials re16 lated to any weapon of mass destruction; and

17 (C) to assist in the interdiction and destruc18 tion of weapons of mass destruction, related

19 weapons materials, and advanced conventional

20 weapons.

21 (6) A description of—

22 (A) the extent to which the Secretary of De23 fense has incorporated nonproliferation and

24 counterproliferation missions into the overall
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1 missions of the unified combatant commands;

2 and

3 (B) how the special operations command es4 tablished pursuant to section 167(a) of title 10,

5 United States Code, might support the com6 manders of the other unified combatant com7 mands and the commanders of the specified com8 batant commands in the performance of such

9 overall missions.

10 (c) FORMS OF REPORT.—The report shall be submitted

11 in both unclassified and classified forms, as appropriate.

12 SEC. 245. DEFINITIONS.

13 In this subtitle:

14 (1) The term ‘‘appropriate congressional com15 mittees’’ means the following:

16 (A) The Committee on Armed Services, the

17 Committee on Appropriations, and the Select

18 Committee on Intelligence of the Senate.

19 (B) The Committee on Armed Services, the

20 Committee on Appropriations, and the Perma21 nent Select Committee on Intelligence of the

22 House of Representatives.

23 (2) The term ‘‘intelligence community’’ has the

24 meaning given such term in section 3 of the National

25 Security Act of 1947 (50 U.S.C. 401a).
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of Appropriations

4 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

5 Funds are hereby authorized to be appropriated for fis6 cal year 1994 for the use of the Armed Forces and other

7 activities and agencies of the Department of Defense for ex8 penses, not otherwise provided for, for operation and main9 tenance in amounts as follows:

10 (1) For the Army, $15,194,036,000.

11 (2) For the Navy, $19,081,792,000.

12 (3) For the Marine Corps, $1,790,489,000.

13 (4) For the Air Force, $18,932,246,000.

14 (5) For Defense Agencies $9,523,283,000.

15 (6) For the Defense Health Program,

16 $9,303,447,000.

17 (7) For the Army Reserve, $1,096,190,000.

18 (8) For the Naval Reserve, $782,800,000.

19 (9) For the Marine Corps Reserve, $83,100,000.

20 (10) For the Air Force Reserve, $1,356,078,000.

21 (11) For the Army National Guard,

22 $2,216,944,000.

23 (12) For the Air National Guard,

24 $2,717,733,000.
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1 (13) For the National Board for the Promotion

2 of Rifle Practice, $2,483,000.

3 (14) For the Defense Inspector General,

4 $127,001,000.

5 (15) For Drug Interdiction and Counter-Drug

6 Activities, Defense-wide, $1,168,200,000.

7 (16) For the Court of Military Appeals,

8 $6,055,000.

9 (17) For Environmental Restoration, Defense,

10 $2,369,400,000.

11 (18) For Humanitarian Assistance, $48,000,000.

12 (19) For support for the 1996 Summer Olym13 pics, $2,000,000.

14 (20) For support for the 1994 World Cup Games,

15 $12,000,000.

16 (21) For Former Soviet Union Threat Reduc17 tion, $400,000,000.

18 SEC. 302. WORKING CAPITAL FUNDS.

19 There is hereby authorized to be appropriated for fiscal

20 year 1994 for the use of the Armed Forces and other activi21 ties and agencies of the Department of Defense for providing

22 capital for the Defense Business Operations Fund,

23 $1,161,095,000.
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1 SEC. 303. FUNDING NATIONAL DEFENSE STRATEGIC LIFT

2 REQUIREMENTS.

3 (a) RENAMING FUND.—Section 2218 of title 10, Unit4 ed States Code, is amended—

5 (1) by striking out the section heading and in6 serting in lieu thereof the following:

7 ‘‘§ 2218. National Defense Strategic Lift Fund’’;

8 and

9 (2) by striking out ‘‘National Defense Strategic

10 Sealift Fund’’ each time it appears and inserting in

11 lieu thereof ‘‘National Defense Strategic Lift Fund’’.

12 (b) FUND PURPOSES.—Subsection (c)(1) of such sec13 tion is amended—

14 (1) by striking out ‘‘and’’ at the end of subpara15 graph (C);

16 (2) by striking out the period at the end of sub17 paragraph (D) and inserting in lieu thereof ‘‘; and’’;

18 and

19 (3) by adding at the end the following new sub20 paragraph:

21 ‘‘(E) construction, purchase, alteration, and con22 version of Department of Defense strategic airlift air23 craft.’’.

24 (c) DEPOSITS IN THE FUND.—Subsection (d)(1) of

25 such section is amended—
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1 (1) by striking out ‘‘and’’ at the end of subpara2 graph (C);‘‘

3 (2) by striking out the period at the end of sub4 paragraph (D) and inserting in lieu thereof ‘‘; and’’;

5 and

6 (3) by adding at the end the following new sub7 paragraph:

8 ‘‘(E) construction, purchase, alteration, and

9 conversion of Department of Defense strategic

10 airlift aircraft.’’.

11 (d) CONTENT OF BUDGET REQUESTS.—Subsection (h)

12 of such section is amended—

13 (1) by striking out ‘‘and’’ at the end of para14 graph (3);

15 (2) by striking out the period at the end of para16 graph (4) and inserting in lieu thereof ‘‘; and’’; and

17 (3) by adding at the end the following new para18 graph:

19 ‘‘(5) the amount requested for programs, projects,

20 and activities for construction, purchase, alteration,

21 and conversion of Department of Defense strategic

22 airlift aircraft.’’.

23 (e) STRATEGIC AIRLIFT AIRCRAFT DEFINED.—Sub24 section (k) of such section is amended by adding at the end

25 the following new paragraph:
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1 ‘‘(4) The term ‘strategic airlift aircraft’ means

2 any cargo aircraft owned, operated, controlled, or

3 chartered by the Department of Defense that has

4 intercontinental range.’’.

5 (f) AUTHORIZATION OF APPROPRIATIONS.—Funds are

6 hereby authorized to be appropriated for fiscal year 1994

7 for the use of the Department of Defense for the National

8 Defense Strategic Lift Fund in the amount of

9 $2,669,100,000.

10 SEC. 304. ARMED FORCES RETIREMENT HOME.

11 There is hereby authorized to be appropriated for fiscal

12 year 1994 from the Armed Forces Retirement Home Trust

13 Fund the sum of $61,918,000 for the operation of the Armed

14 Forces Retirement Home, including the United States Sol15 diers’ and Airmen’s Home and the Naval Home.

16 SEC. 305. NATIONAL SECURITY EDUCATION TRUST FUND

17 OBLIGATIONS.

18 During fiscal year 1994, $24,000,000 is authorized to

19 be obligated from the National Security Education Trust

20 Fund established by section 804(a) of the David L. Boren

21 National Security Education Act of 1991 (Public Law 102–

22 183; 50 U.S.C. 1904(a)).

23 SEC. 306. TRANSFER AUTHORITY.

24 (a) AUTHORITY.—The Secretary of Defense, to the ex25 tent provided in appropriations Acts, may transfer funds
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1 as provided in this section during fiscal year 1994. Funds

2 so transferred are in addition to the funds authorized to

3 be appropriated in section 301.

4 (b) FROM THE DEFENSE BUSINESS OPERATIONS

5 FUND.—(1) Subject to paragraph (2), not more than

6 $3,035,300,000 may be transferred from the Defense Busi7 ness Operations Fund to appropriations for operations and

8 maintenance for fiscal year 1994 in amounts as follows:

9 (A) For the Army, $880,200,000.

10 (B) For the Navy, $1,092,700,000.

11 (C) For the Marine Corps, $121,000,000.

12 (D) For the Air Force, $941,400,000.

13 (2) Amounts may be transferred under this subsection

14 only to the extent that the Fund contains cash balances suf15 ficient for such transfers.

16 (c) FROM THE NATIONAL DEFENSE STOCKPILE

17 TRANSACTION FUND.—Not more than $500,000,000 may be

18 transferred from the National Defense Stockpile Trans19 action Fund to appropriations for operation and mainte20 nance for fiscal year 1994 in amounts as follows:

21 (1) For the Army, $150,000,000.

22 (2) For the Navy, $150,000,000.

23 (3) For the Air Force, $200,000,000.

24 (d) TREATMENT OF TRANSFERS.—Amounts trans25 ferred under this section—
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1 (1) shall be merged with and be available for the

2 same purposes and the same period as the amounts

3 in the accounts to which transferred;

4 (2) shall be deemed to increase the amount au5 thorized to be appropriated for the account to which

6 the amount is transferred by an amount equal to the

7 amount transferred; and

8 (3) may not be expended for an item that has

9 been denied authorization of appropriations by Con10 gress.

11 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR12 ITY.—An increase under subsection (d)(2) in an amount

13 authorized to be appropriated is in addition to an increase

14 in that amount that results from a transfer of an authoriza15 tion of appropriations pursuant to section 1001.

16 (f) RELATIONSHIP TO APPROPRIATED FUNDS.—Funds

17 made available by transfer under this section shall be in

18 addition to funds made available pursuant to an authoriza19 tion of appropriations in section 301.

20 SEC. 307. FUNDS FOR CLEARING LANDMINES.

21 Of the funds authorized to be appropriated in section

22 301, not more than $10,000,000 is authorized for activities

23 to support the clearing of landmines for humanitarian pur24 poses (as determined by the Secretary of Defense), including
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1 the clearing of landmines in areas in which refugee repatri2 ation programs are on-going.

3 Subtitle B—Defense Business Operations

4 Fund

5 SEC. 311. EXTENSION OF AUTHORITY FOR USE OF THE DE6 FENSE BUSINESS OPERATIONS FUND.

7 Section 316(a) of the National Defense Authorization

8 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

9 10 U.S.C. 2208 note) is amended by striking out ‘‘April

10 15, 1994’’ and inserting in lieu thereof ‘‘December 31,

11 1994’’.

12 SEC. 312. IMPLEMENTATION OF THE DEFENSE BUSINESS

13 OPERATIONS FUND.

14 Section 316 of the National Defense Authorization Act

15 for Fiscal Years 1992 and 1993 (Public Law 102–190; 10

16 U.S.C. 2208 note) is amended by striking out subsections

17 (d), (e), and (f) and inserting in lieu thereof the following

18 new subsections:

19 ‘‘(d) COMPREHENSIVE MANAGEMENT PLAN.—(1) Not

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

21 National Defense Authorization Act for Fiscal Year 1994,

22 the Secretary of Defense shall submit to the congressional

23 defense committees a comprehensive management plan for

24 the Defense Business Operations Fund. The Secretary shall

25 identify in the plan the actions the Department of Defense
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1 will take to improve the implementation and operation of

2 the Defense Business Operations Fund.

3 ‘‘(2)(A) The plan should also include the following

4 matters:

5 ‘‘(i) The specific tasks to be performed to address

6 the serious shortcomings that exist in the Fund’s im7 plementation and operation.

8 ‘‘(ii) Milestones for starting and completing each

9 task.

10 ‘‘(iii) A statement of the resources needed to com11 plete each task.

12 ‘‘(iv) The specific organizations within the De13 partment of Defense that are responsible for accom14 plishing each task.

15 ‘‘(v) Department of Defense plans to monitor the

16 implementation of all corrective actions.

17 ‘‘(B) The plan should also address the following spe18 cific areas:

19 ‘‘(i) The management and organizational struc20 ture of the Fund.

21 ‘‘(ii) The development and implementation of the

22 policies and procedures, including internal controls,

23 applicable to the Fund.

24 ‘‘(iii) Management reporting, including finan25 cial and operational reporting.
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1 ‘‘(iv) Accuracy and reliability of cost accounting

2 data.

3 ‘‘(v) Development and use of performance indica4 tors to measure the efficiency and effectiveness of

5 Fund operations.

6 ‘‘(vi) The status of efforts to develop and imple7 ment new financial systems for the Fund.

8 ‘‘(e) PROGRESS REPORT ON IMPLEMENTATION.—Not

9 later than February 1, 1994, the Secretary of Defense shall

10 submit to the Congress a report on the progress made in

11 implementing the comprehensive management plan re12 quired by subsection (d). The report should describe the

13 progress made in reaching the milestones established in the

14 plan and provide an explanation for the failure to meet

15 any of the milestones. The Secretary shall submit a copy

16 of the report to the Comptroller General of the United States

17 at the same time that he submits the report to Congress.

18 ‘‘(f) RESPONSIBILITIES OF THE COMPTROLLER GEN19 ERAL.—(1) The Comptroller General of the United States

20 shall monitor and evaluate the progress of the Department

21 of Defense in developing and implementing the comprehen22 sive management plan required by subsection (d).

23 ‘‘(2) Not later than March 1, 1994, the Comptroller

24 General shall submit to the Congress a report containing

25 the following:
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1 ‘‘(A) The findings and conclusions of the Comp2 troller General resulting from the monitoring and

3 evaluation conducted under paragraph (1).

4 ‘‘(B) An evaluation of the progress report sub5 mitted to Congress by the Secretary of Defense pursu6 ant to subsection (e).

7 ‘‘(C) Any recommendations for legislation or ad8 ministrative action concerning the Fund that the

9 Comptroller General considers appropriate.’’.

10 SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE DE11 FENSE BUSINESS OPERATIONS FUND.

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

13 not incur obligations against the supply management divi14 sions of the Defense Business Operations Fund of the De15 partment of Defense during fiscal year 1994 in a total

16 amount in excess of 65 percent of the total amount derived

17 from sales from such divisions during that fiscal year.

18 (2) For purposes of determining the amount of obliga19 tions incurred against, and sales from, such divisions dur20 ing fiscal year 1994, the Secretary shall exclude obligations

21 and sales for fuel, commissary and subsistence items, retail

22 operations, repair of equipment, and the cost of operations.

23 (b) EXCEPTION.—The Secretary of Defense may waive

24 the limitation described in subsection (a) if the Secretary

25 determines that such waiver is necessary in order to main-
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1 tain the readiness and combat effectiveness of the Armed

2 Forces. The Secretary shall immediately notify Congress of

3 any such waiver and the reasons for such waiver.

4 Subtitle C—Environmental Provisions

5 SEC. 321. AUTHORITY FOR MILITARY DEPARTMENTS TO

6 PARTICIPATE IN WATER CONSERVATION PRO7 GRAMS.

8 (a) AUTHORITY.—Chapter 169 of title 10, United

9 States Code, is amended by adding at the end the following:

10 ‘‘§ 2866. Water conservation at military installations

11 ‘‘(a) WATER CONSERVATION ACTIVITIES.—(1) The

12 Secretary of Defense shall permit and encourage each mili13 tary department, Defense Agency, and other instrumental14 ity of the Department of Defense to participate in programs

15 conducted by any water utility for the management of water

16 or for water conservation.

17 ‘‘(2) The Secretary of Defense may authorize any mili18 tary installation to accept any financial incentive (includ19 ing an agreement to reduce the amount of a future water

20 bill), goods, or services generally available from a water

21 utility to adopt technologies and practices that the Sec22 retary determines are cost effective for the Federal Govern23 ment.

24 ‘‘(3) Subject to paragraph (4), the Secretary of Defense

25 may authorize the Secretary of a military department hav-
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1 ing jurisdiction over a military installation to enter into

2 agreements with water utilities to design and implement

3 cost-effective demand and conservation incentive programs

4 (including water management services, facilities, alter5 ations, and the installation and maintenance of water sav6 ing devices and technologies by the utilities) to address the

7 requirements and circumstances of the installation.

8 ‘‘(4)(A) If an agreement under paragraph (3) provides

9 for the utility to advance financing costs for the design or

10 implementation of a program referred to in that paragraph

11 to be repayed by the United States, the cost of such advance

12 may be recovered by the utility under terms no less favor13 able than those applicable to its most favored customer.

14 ‘‘(B) Subject to the availability of appropriations, re15 payment of costs advanced under subparagraph (A) shall

16 be made from funds available to a military department for

17 the purchase of utility services.

18 ‘‘(C) An agreement under paragraph (3) shall provide

19 that title to any water-saving device or technology installed

20 at a military installation pursuant to the agreement shall

21 vest in the United States. Such title may vest at such time

22 during the term of the agreement, or upon expiration of

23 the agreement, as determined to be in the best interests of

24 the United States.
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1 ‘‘(b) USE OF WATER COST SAVINGS.—Water cost sav2 ings realized under this section shall be utilized in accord3 ance with section 2865(b) of this title.

4 ‘‘(c) WATER CONSERVATION CONSTRUCTION

5 PROJECTS.—(1) The Secretary of Defense may carry out

6 a military construction project for water conservation, not

7 previously authorized, using funds appropriated or other8 wise made available for water conservation.

9 ‘‘(2) Section 2865(e)(2) of this title shall apply to a

10 project to be carried out under the authority of paragraph

11 (1).

12 ‘‘(d) DEFINITION.—In this section, the term ‘water

13 utility’ means any publicly or privately owned entity (in14 cluding a municipal or regional authority or water district)

15 that delivers potable water to a military installation

16 through a transmission or distribution system.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections at

18 the beginning of such chapter is amended by adding at the

19 end the following:

‘‘2866. Water conservation at military installations.’’.

20 SEC. 322. CLARIFICATION OF AUTHORITY FOR ENERGY

21 CONSERVATION PROGRAMS AT MILITARY IN22 STALLATIONS.

23 (a) USE OF SAVINGS.—Subsection (b)(2) of section

24 2865 of title 10, United States Code, is amended to read

25 as follows:
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1 ‘‘(2) Of the total amount that remains available for

2 obligation under paragraph (1) and section 2866(b) of this

3 title—

4 ‘‘(A) one-half of such amount shall be used for

5 the implementation of additional energy conservation

6 measures and for water conservation activities at such

7 buildings, facilities, or installations of the Depart8 ment of Defense as may be designated (in accordance

9 with regulations which the Secretary of Defense shall

10 prescribe) by the head of the department, agency, or

11 instrumentality that realized the savings referred to

12 in paragraph (1) or referred to in section 2866(b) of

13 this title; and

14 ‘‘(B) one-half of such amount shall be allocated

15 among the installations that realized such savings in

16 the same proportions as such savings were realized at

17 such installations and the amount so allocated to an

18 installation shall be utilized at such installation for—

19 ‘‘(i) improvements to existing military fam20 ily housing units;

21 ‘‘(ii) any unspecified minor construction

22 project that will enhance the quality of life of

23 personnel; or

24 ‘‘(iii) any morale, welfare, or recreation fa25 cility or service.’’.
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1 (b) COVERED UTILITIES.—Subsection (d) of such sec2 tion 2865 is amended by adding at the end the following:

3 ‘‘(5) In this subsection, the terms ‘gas utility’ and ‘elec4 tric utility’ mean any publicly or privately owned entity

5 (including a municipal or regional authority or Federal

6 power marketing agency) that deliver natural gas or elec7 tricity, respectively, to a military installation through a

8 transmission or distribution system.’’.

9 SEC. 323. CLARIFICATION OF FUNDING FOR ENVIRON10 MENTAL RESTORATION ACTIVITIES AT IN11 STALLATIONS TO BE CLOSED OR REALIGNED.

12 Section 2906(e) of the Defense Base Closure and Re13 alignment Act of 1990 (part A of title XXIX of Public Law

14 101–510; 10 U.S.C. 2687 note) is amended—

15 (1) by inserting ‘‘(1)’’ before ‘‘Except for’’;

16 (2) in paragraph (1), as so designated, by insert17 ing ‘‘and except as provided in paragraph (2)’’ in the

18 first sentence after ‘‘subsection (a)’’; and

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

20 ‘‘(2) Funds in the Defense Environmental Restoration

21 Account established under section 2703(a) of title 10, Unit22 ed States Code, may be used for obligations incurred for

23 purposes described in section 2905(a)(1)(C)—
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1 ‘‘(A) in fiscal year 1994 for installations ap2 proved for closure or realignment under this part in

3 1993; and

4 ‘‘(B) in fiscal year 1996 for installations ap5 proved for closure or realignment under this part in

6 1995.’’.

7 SEC. 324. ANNUAL REPORT ON ENVIRONMENTAL RESTORA8 TION ACTIVITIES OF THE DEPARTMENT OF

9 DEFENSE.

10 (a) REPORT ON IMPLEMENTATION OF PROGRAMS.—

11 Paragraph (2) of section 2706(a) of title 10, United States

12 Code, is amended—

13 (1) by redesignating subparagraph (D) as sub14 paragraph (E);

15 (2) by striking out subparagraph (C) and insert16 ing in lieu thereof the following new subparagraphs

17 (C) and (D):

18 ‘‘(C) The estimated cost of carrying out response

19 actions at each facility on the National Priorities

20 List for each of the 5 fiscal years following the fiscal

21 year in which the report is submitted.

22 ‘‘(D) The costs incurred for response actions at

23 each facility on the National Priorities List during

24 the fiscal year preceding the fiscal year in which the

25 report is filed.’’; and
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1 (3) by adding at the end the following:

2 ‘‘(F) The estimated cost of carrying out response

3 actions at facilities other than facilities on the Na4 tional Priorities List for each of the 5 fiscal years fol5 lowing the fiscal year in which the report is submit6 ted.’’.

7 (b) TIMING OF REPORT.—Such section 2706(a) is fur8 ther amended by adding at the end the following:

9 ‘‘(3) The Secretary shall submit the annual report re10 quired under this subsection no later than April 15 of each

11 year.’’.

12 SEC. 325. EXTENSION OF PERIOD OF APPLICABILITY OF RE13 QUIREMENT FOR REIMBURSEMENT OF THE

14 FEDERAL GOVERNMENT FOR CERTAIN LI15 ABILITIES ARISING UNDER CONTRACTS RE16 LATING TO HAZARDOUS WASTE.

17 Section 2708(b)(1) of title 10, United States Code, by

18 striking out ‘‘and 1993’’ and inserting in lieu thereof

19 ‘‘through 1996’’.

20 SEC. 326. PROHIBITION ON THE PURCHASE OF SURETY

21 BONDS AND OTHER GUARANTIES FOR THE

22 DEPARTMENT OF DEFENSE.

23 No funds appropriated or otherwise made available to

24 the Department of Defense for fiscal year 1994 may be obli25 gated or expended for the purchase of surety bonds or other
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1 guaranties of financial responsibility in order to guarantee

2 the performance of any direct function of the Department

3 of Defense.

4 SEC. 327. CLARIFICATION OF SCOPE OF INDEMNIFICATION

5 OF TRANSFEREES OF CLOSING DEFENSE

6 PROPERTY.

7 (a) INDEMNIFICATION FOR PETROLEUM PRODUCTS.—

8 Subsection (a)(1) of section 330 of the National Defense Au9 thorization Act for Fiscal Year 1993 (Public Law 102–484;

10 10 U.S.C. 2687 note) is amended by striking out ‘‘or pollut11 ant or contaminant’’ and inserting in lieu thereof ‘‘, pollut12 ant or contaminant, any petroleum product, or any other

13 derivative of petroleum’’.

14 (b) ACTIVITIES SUBJECT TO INDEMNIFICATION.—Such

15 subsection (a)(1) is further amended by inserting ‘‘(includ16 ing defense activities carried out by a contractor or sub17 contractor under a contract with the Department of Defense

18 or a military department)’’ after ‘‘Department of Defense

19 activities’’.

20 (c) STATE OWNERSHIP OR CONTROL.—Subsection

21 (a)(2)(A) of such section is amended by inserting ‘‘(includ22 ing a leasehold interest)’’ after ‘‘or control’’.

23 (d) RELATIONSHIP TO OTHER AUTHORITIES.—Sub24 section (e) of such section is amended—
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1 (1) by striking out ‘‘RELATIONSHIP TO OTHER

2 LAW.—’’ and inserting in lieu thereof ‘‘RELATION3 SHIP TO EXISTING LAW AND CONTRACTS.—’’; and

4 (2) by striking out ‘‘in any way’’ and inserting

5 in lieu thereof ‘‘in any way—

6 ‘‘(1) section 120(h) of the Comprehensive

7 Environmental Response, Compensation, and Li8 ability Act of 1980 (42 U.S.C. 9620(h)), any

9 other provision of law, or any regulation; or

10 ‘‘(2) any provision of a contract of the De11 partment of Defense or a military department,

12 or any provision of a subcontract under such a

13 contract, that provides the Department of De14 fense or the military department with a right of

15 contribution against the contractor or sub16 contractor, as the case may be.’’.

17 SEC. 328. SHIPBOARD PLASTIC AND SOLID WASTE CON18 TROL.

19 (a) SHORT TITLE.—This section may be cited as the

20 ‘‘Act to Prevent Pollution from Ships Amendments of

21 1993’’.

22 (b) DEADLINE FOR COMPLIANCE BY SHIPS OWNED OR

23 OPERATED BY THE DEPARTMENT OF THE NAVY WITH CER24 TAIN POLLUTION CONTROL CONVENTIONS.—Subsection

25 (b)(2)(A) of section 3 of the Act to Prevent Pollution from
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1 Ships (33 U.S.C. 1902) is amended by striking out ‘‘after

2 5 years’’ and all that follows and inserting in lieu thereof

3 ‘‘, subject to subsection (f) of this section, as follows:

4 ‘‘(i) After December 31, 1993, to all ships re5 ferred to in paragraph (1)(A) of this subsection other

6 than those owned or operated by the Department of

7 the Navy.

8 ‘‘(ii) Except as provided in subsection (c) of this

9 section, after December 31, 1998, to all ships referred

10 to in paragraph (1)(A) of this subsection other than

11 submersibles owned or operated by the Department of

12 the Navy when such submersibles are engaged in non13 commercial service.

14 ‘‘(iii) Except as provided in subsection (c) of this

15 section, after December 31, 2008, to all ships referred

16 to in paragraph (1)(A) of this subsection.’’.

17 (c) SPECIAL AREA DISCHARGES.—Section 3 of such

18 Act is amended—

19 (1) by redesignating subsections (c) and (d) as

20 subsections (d) and (g), respectively; and

21 (2) by inserting after subsection (b) the following

22 new subsection (c):

23 ‘‘(c) DISCHARGES IN SPECIAL AREAS.—(1) Not later

24 than December 31, 2000, all surface vessels owned or oper25 ated by the Department of the Navy, and not later than
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1 December 31, 2008, all submersibles owned or operated by

2 the Department of the Navy, shall comply with the special

3 area requirements of Regulation 5 of Annex V of the Con4 vention.

5 ‘‘(2) Not later than 3 years after the date of the enact6 ment of the Act to Prevent Pollution from Ships Amend7 ments of 1993, the Secretary of the Navy, shall, in consulta8 tion with the Secretary of State, the Secretary of Commerce,

9 the Secretary of Transportation, and the Administrator of

10 the Environmental Protection Agency, submit to the Con11 gress a plan for the compliance by all vessels owned or oper12 ated by the Department of the Navy with the requirements

13 set forth in paragraph (1) of this subsection. Such plan

14 shall be submitted after opportunity for public participa15 tion in its preparation, and for public review and comment.

16 ‘‘(3) If the Navy plan for compliance demonstrates that

17 compliance with the requirements set forth in paragraph

18 (1) of this subsection is not technologically feasible in the

19 case of certain vessels under certain circumstances, the plan

20 shall include information describing—

21 ‘‘(A) the ships for which full compliance with the

22 requirements of paragraph (1) of this subsection is

23 not technologically feasible;

24 ‘‘(B) the technical and operational impediments

25 to achieving such compliance;
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1 ‘‘(C) a proposed alternative schedule for achiev2 ing such compliance as rapidly as is technologically

3 feasible; and

4 ‘‘(D) such other information as the Secretary of

5 the Navy considers relevant and appropriate.

6 ‘‘(4) Upon receipt of the compliance plan under para7 graph (2) of this subsection, the Congress may modify the

8 applicability of paragraph (1) of this subsection, as appro9 priate.’’.

10 (d) COMPLIANCE MEASURES.—Such section 3 is

11 amended by inserting after subsection (d), as redesignated

12 by subsection (c)(1), the following new subsection:

13 ‘‘(e) COMPLIANCE BY EXCLUDED VESSELS.—(1) The

14 Secretary of the Navy shall develop and, as appropriate,

15 support the development of technologies and practices for

16 solid waste management aboard ships owned or operated

17 by the Department of the Navy, including technologies and

18 practices for the reduction of the waste stream generated

19 aboard such ships, that are necessary to ensure the compli20 ance of such ships with Annex V to the Convention on or

21 before the dates referred to in subsections (b)(2)(A) and

22 (c)(1) of this section.

23 ‘‘(2) Notwithstanding any effective date of the applica24 tion of this section to a ship, the provisions of Annex V

25 of the Convention with respect to the disposal of plastic
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1 shall apply to ships equipped with plastic processors re2 quired for the long-term collection and storage of plastic

3 aboard ships of the Navy upon the installation of such proc4 essors in such ships.

5 ‘‘(3)(A) Within 12 months after the date of the enact6 ment of the Act to Prevent Pollution from Ships Amend7 ments of 1993, the Secretary of the Navy shall promulgate

8 regulations applicable to ships referred to in subsection

9 (b)(1)(A) of this section owned or operated by the Depart10 ment of the Navy. The regulations shall be consistent with

11 operational requirements of such ships and shall be revised

12 from time to time in accordance with this subsection.

13 ‘‘(B) The regulations promulgated under subpara14 graph (A) of this paragraph shall include the following re15 quirements:

16 ‘‘(i) That compacted trash discharged from

17 submersibles be negatively buoyant and contain the

18 minimum amount practicable of plastic.

19 ‘‘(ii) That plastics contaminated by substances

20 other than food not be discharged overboard from any

21 ship during the last 20 days before the ship enters

22 port.

23 ‘‘(iii) That plastics contaminated by food not be

24 discharged overboard from any ship during the last 3

25 days before the ship enters port.
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1 ‘‘(4)(A) The Secretary of Defense shall publish in the

2 Federal Register a report setting forth the names of ships

3 provided with equipment enabling such ships to comply

4 with Annex V to the Convention and describing the amount

5 and nature of the discharges in special areas during the

6 preceding year from ships referred to in subsection (b)(1)(A)

7 of this section owned or operated by the Department of the

8 Navy. ’’.

9 (e) WAIVER AUTHORITY.—Such section 3, as amended

10 by subsection (d), is further amended by inserting after sub11 section (e) the following new subsection:

12 ‘‘(f) WAIVER AUTHORITY.—The President may waive

13 the effective dates of the requirements set forth in subsections

14 (b)(2)(A) and (c) of this section and in subsection (f) of

15 the Act to Prevent Pollution from Ships Amendments of

16 1993 if the President determines it to be in the paramount

17 interest of the United States to do so. Any such waiver shall

18 be for a period not in excess of 1 year. The President shall

19 submit a report to the Congress each January on all waiv20 ers from the requirements of this section granted during the

21 preceding calendar year, together with the reasons for

22 granting such waivers.’’.

23 (f) OTHER ACTIONS.—(1) Not later than October 1,

24 1994, the Secretary of the Navy shall release a request for

25 proposals for equipment (hereinafter in this subsection re-
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1 ferred to as ‘‘plastics processor’’) required for the long-term

2 collection and storage of plastic aboard ships of the Navy.

3 (2) Not later than July 1, 1996, the Secretary shall

4 install the first production unit of the plastics processor on

5 board a Navy ship.

6 (3) Not later than July 1, 1997, the Secretary shall

7 complete the installation of plastics processors on board not

8 less than 50 percent of the ships of the Navy that require

9 such processors in order to comply with the provisions of

10 section 3 of the Act to Prevent Pollution from Ships, as

11 amended by subsections (b), (c), and (d) of this section.

12 (4) Not later than July 1, 1998, the Secretary shall

13 complete the installation of plastics processors on board not

14 less than 75 percent of the ships of the Navy that require

15 such processors in order to comply with such provisions.

16 (5) Not later than December 31, 1998, the Secretary

17 shall complete the installation of plastics processors on

18 board all ships of the Navy that require such processors in

19 order to comply with such provisions.

20 (g) DEFINITION.—Section 1(a) of the Act to Prevent

21 Pollution from Ships (33 U.S.C. 1901(a)) is amended by

22 adding at the end the following:

23 ‘‘(10) ‘submersible’ means a submarine, or any

24 other vessel designed to operate under water.’’.
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1 Subtitle D—Other Matters

2 SEC. 331. REPEAL OF AN EXCEPTION TO A LIMITATION ON

3 THE PERFORMANCE OF DEPOT-LEVEL MAIN4 TENANCE OF MATERIEL.

5 Section 2466(a) of title 10, United States Code, is

6 amended—

7 (1) by striking out paragraph (2); and

8 (2) in paragraph (1), by striking out ‘‘(1) Ex9 cept as provided in paragraph (2), the’’ and inserting

10 in lieu thereof ‘‘The’’.

11 SEC. 332. MAINTENANCE AND REPAIR OF PACIFIC BATTLE

12 MONUMENTS.

13 (a) AUTHORITY.—The Commandant of the Marine

14 Corps may perform necessary minor maintenance and re15 pairs of Pacific battle monuments until, by agreement be16 tween the Commandant and the Secretary of the American

17 Battle Monuments Commission, the American Battle Monu18 ments Commission undertakes the responsibility for main19 tenance and repair of such battle monuments.

20 (b) FUNDING.—(1) In each fiscal year that the Com21 mandant performs maintenance and repair activities pur22 suant to the authority in subsection (a), the Commandant

23 may expend for such activities not more than $15,000 of

24 the amount made available to the Marine Corps for such

25 fiscal year for operation and maintenance.
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1 (2) Of the amounts available to the Marine Corps for

2 fiscal year 1993 for operation and maintenance, $150,000

3 may, to the extent provided in appropriations Acts, be made

4 available for the repair and relocation of a monument lo5 cated on Iwo Jima that commemorates the sacrifice of

6 American military personnel during World War II.

7 (c) DEFINITION.—In this section, the term ‘‘Pacific

8 battle monument’’ means a monument on an island in the

9 Pacific Ocean that commemorates combat actions of any

10 of the Armed Forces.

11 SEC. 333. PURCHASE OF ITEMS NOT EXCEEDING $100,000.

12 Funds appropriated pursuant to the authorization of

13 appropriations in section 301 may be used to purchase

14 items not exceeding $100,000 for each item.

15 SEC. 334. EXTENSION OF AUTHORITY FOR AVIATION DE16 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

17 DEFENSE-RELATED PRODUCTION AND SERV18 ICES.

19 Section 1425(e) of the National Defense Authorization

20 Act for Fiscal Year 1991 (Public Law 101–510) is amended

21 by striking out ‘‘September 30, 1993’’ and inserting in lieu

22 thereof ‘‘September 30, 1994’’.
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1 SEC. 335. CONTRACTS TO PERFORM WORKLOADS PRE2 VIOUSLY PERFORMED BY DEPOT-LEVEL AC3 TIVITIES OF THE DEPARTMENT OF DEFENSE.

4 Section 2469 of title 10, United States Code, is

5 amended—

6 (1) by inserting ‘‘(a) REQUIREMENT FOR COM7 PETITION.—’’ before ‘‘The Secretary of Defense’’;

8 (2) by striking out ‘‘threshold’’;

9 (3) by striking out ‘‘unless’’ and all that follows

10 and inserting in lieu thereof ‘‘to performance by a

11 contractor unless the Secretary uses competitive pro12 cedures for the selection of the contractor to perform

13 such workload.’’; and

14 (4) by adding at the end the following new sub15 section:

16 ‘‘(b) INAPPLICABILITY OF OMB CIRCULAR A–76.—Of17 fice of Management and Budget Circular A–76 does not

18 apply to a performance change to which subsection (a) ap19 plies.’’.

20 SEC. 336. PROMOTION OF CIVILIAN MARKSMANSHIP.

21 Section 4308(c) of title 10, United States Code, is

22 amended by adding at the end the following: ‘‘Notwith23 standing any other provision of law, such amounts shall

24 remain available until expended.’’.
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1 SEC. 337. AMENDMENTS REGARDING PILOT PROGRAM TO

2 USE NATIONAL GUARD PERSONNEL IN MEDI3 CALLY UNDERSERVED COMMUNITIES.

4 (a) AGREEMENT WITH DISTRICT OF COLUMBIA.—Sec5 tion 376 of the National Defense Authorization Act for Fis6 cal Year 1993 (Public Law 102–484; 106 Stat. 2386; 32

7 U.S.C. 501 note) is amended by adding at the end of sub8 section (a) the following: ‘‘In the case of an agreement with

9 the District of Columbia, the agreement shall be with the

10 commanding general of the District of Columbia National

11 Guard.’’.

12 (b) NATIONAL GUARD TRAINING AUTHORIZED TO IN13 CLUDE THE PROVISION OF HEALTH CARE.—Section 376 of

14 such Act is amended by striking out subsection (b) and in15 serting in lieu thereof the following new subsection (b):

16 ‘‘(b) TRAINING AUTHORIZED TO INCLUDE PROVISION

17 OF HEALTH CARE.—Training conducted pursuant to sec18 tion 270 of title 10, United States Code, and section 502

19 of title 32, United States Code, may include, as an activity

20 conducted in the course of and incident to required or addi21 tional National Guard training, the provision of health care

22 under an agreement entered into pursuant to subsection

23 (a).’’.

24 (c) FUNDING, SAVINGS, AND DEFINITION PROVI25 SIONS.—Section 376 of such Act is amended—
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1 (1) by redesignating subsection (f) as subsection

2 (i); and

3 (2) by inserting after subsection (e) the following

4 new subsections:

5 ‘‘(f) FUNDING AND USE OF OTHER RESOURCES.—

6 Funds appropriated for operation and maintenance of the

7 National Guard may be used for supplies and equipment

8 necessary for the provision of health care to medically un9 derserved communities under an agreement entered into

10 pursuant to subsection (a). Supplies and equipment fur11 nished by a State, a department or agency of the Federal

12 Government, or any private organization or individual

13 may also be used for the provision of health care to medi14 cally underserved communities under such an agreement.

15 ‘‘(g) RETIREMENT CREDIT FOR FISCAL YEAR 1993

16 SERVICE.—Service under an agreement entered into pursu17 ant to subsection (a) that was performed by National Guard

18 personnel before October 1, 1993 (the effective date of an

19 amendment of subsection (b) to clarify the status of service

20 under such an agreement as training), shall be counted as

21 service under section 502 of title 32, United States Code,

22 for the purpose of computing years of service for entitlement

23 to retired pay under subparagraph (A) or (B) of section

24 1332(a)(2) of title 10, United States Code.

25 ‘‘(h) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘health care’ includes medical and

2 dental care services.

3 ‘‘(2) The term ‘State’ includes the Common4 wealth of Puerto Rico, a territory (as defined in sec5 tion 101(1) of title 32, United States Code), and the

6 District of Columbia.’’.

7 (b) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect on October 1, 1993.

9 SEC. 338. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

10 THAT BENEFIT DEPENDENTS OF MEMBERS

11 OF THE ARMED FORCES AND DEPARTMENT

12 OF DEFENSE CIVILIAN EMPLOYEES.

13 (a) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Sec14 tion 386(c) of the National Defense Authorization Act for

15 Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2395;

16 20 U.S.C. 238 note) is amended—

17 (1) by striking out ‘‘or’’ at the end of paragraph

18 (1);

19 (2) by redesignating paragraph (2) as para20 graph (3);

21 (3) by inserting after paragraph (1) the follow22 ing new paragraph (2):

23 ‘‘(2) there has been a significant increase, as de24 termined by the Secretary of Defense, in the number

25 of military dependent students in average daily at-
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1 tendance in the schools of that agency as a result of

2 a relocation of Armed Forces personnel or civilian

3 employees of the Department of Defense or as a result

4 of a realignment of one or more military installa5 tions; or’’; and

6 (4) in paragraph (3), as redesignated by para7 graph (2), by inserting ‘‘or (2)’’ before the period at

8 the end.

9 (b) TECHNICAL CORRECTION.—Section 386 of such Act

10 is amended by—

11 (1) by redesignating the second subsection (e), re12 lating to definitions, as subsection (h); and

13 (2) by transferring such subsection, as so redesig14 nated, to the end of such section.

15 (c) EFFECTIVE DATE OF AMENDMENTS.—The amend16 ments made by subsections (a) and (b) shall take effect as

17 of October 23, 1992, as if section 386 of Public Law 102–

18 484 had been enacted as amended by such subsections.

19 (d) FUNDING.—Of the amounts authorized to be ap20 propriated pursuant to section 301(5)—

21 (1) $50,000,000 shall be available for providing

22 assistance to local educational agencies under sub23 section (b) of section 386 of Public Law 102–484; and
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1 (2) $8,000,000 shall be available for making

2 payments to local educational agencies under sub3 section (d) of such section.

4 (e) NOTIFICATION AND DISBURSAL.—(1) The Sec5 retary shall notify on or before June 30, 1994, each local

6 educational agency eligible for assistance under subsections

7 (b) and (d) of section 386 of Public Law 102–484 for fiscal

8 year 1994 of such agency’s eligibility for such assistance

9 and the amount of such assistance.

10 (2) The Secretary shall disburse the funds made avail11 able pursuant to subsection (d) no later than 30 days after

12 notification to eligible local education agencies.

13 SEC. 339. ANNUAL ASSESSMENT OF FORCE READINESS.

14 (a) ANNUAL ASSESSMENT REQUIRED.—Not later than

15 March 1 of each of 1994, 1995, and 1996, the Chairman

16 of the Joint Chiefs of Staff shall submit to Congress an as17 sessment of—

18 (1) the readiness and capability of the Armed

19 Forces of the United States to carry out the full range

20 of the missions assigned to the Armed Forces; and

21 (2) the associated level or degree of risk for the

22 Armed Forces in responding to current and antici23 pated threats to national security interests of the

24 United States.
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1 (b) CONTENT OF ASSESSMENT.—Each assessment shall

2 include, for the 5-year period described in subsection (c),

3 the following matters:

4 (1) An unclassified description of the current

5 and projected readiness and capability of the Armed

6 Forces of the United States taking into consideration

7 each of the following areas:

8 (A) Personnel.

9 (B) Training and exercises.

10 (C) Logistics, including equipment mainte11 nance and supply availability.

12 (D) Equipment modernization.

13 (E) Installations, real property, and facili14 ties.

15 (F) Munitions.

16 (G) Mobility.

17 (H) Wartime sustainability.

18 (2) The personal assessment of the Chairman of

19 the Joint Chiefs of Staff regarding the readiness and

20 capabilities of the Armed Forces together with the

21 Chairman’s personal judgment on whether there are

22 significant problems or risks regarding the capabili23 ties and readiness of the Armed Forces.

24 (3) Any factors that the Chairman or any other

25 member of the Joint Chiefs of Staff believes may lead
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1 to a decrease in force readiness or a degradation in

2 the overall capability of the Armed Forces.

3 (4) Any recommended actions that the Chairman

4 of the Joint Chiefs of Staff considers appropriate.

5 (5) Any classified annexes that the Chairman of

6 the Joint Chiefs of Staff considers appropriate.

7 (c) PERIOD ASSESSED.—The assessment shall include

8 information for the fiscal year in which the assessment is

9 submitted, the 3 preceding fiscal years, and projections for

10 the subsequent fiscal year.

11 (d) INTERIM ASSESSMENTS.—If, at any time between

12 submissions of assessments to Congress under subsection (a),

13 the Chairman of the Joint Chiefs of Staff determines that

14 there is a significant change in the projected readiness or

15 capability of the Armed Forces from the readiness or capa16 bility projected in the most recent annual assessment, the

17 Chairman shall submit to the Congress a revised assessment

18 that reflects each such significant change.

19 SEC. 340. BUDGET INFORMATION ON DEPARTMENT OF DE20 FENSE RECRUITING EXPENDITURES.

21 (a) IN GENERAL.—Chapter 9 of title 10, United States

22 Code, is amended by adding at the end the following new

23 section:
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1 ‘‘§ 227. Recruiting costs

2 ‘‘The Secretary shall include in the budget justification

3 documents submitted to Congress each year in connection

4 with the submission of the budget pursuant to section 1105

5 of title 31 the following matters:

6 ‘‘(1) The amount requested for the recruitment of

7 persons for enlistment, appointment, or induction

8 into the armed forces, including—

9 ‘‘(A) the personnel costs for Department of

10 Defense personnel whose duties include—

11 ‘‘(i) recruitment;

12 ‘‘(ii) the management of Department of

13 Defense personnel performing recruitment

14 duties; or

15 ‘‘(iii) supporting Department of De16 fense personnel in the performance of duties

17 referred to in clause (i) or (ii);

18 ‘‘(B) the cost of providing support for such

19 personnel for the performance of those duties;

20 ‘‘(C) operation and maintenance costs asso21 ciated with recruitment, including the costs of

22 paid advertising and facilities;

23 ‘‘(D) the costs of incentives, including—

24 ‘‘(i) amounts paid under sections 302d,

25 308a, 308c, 308f, 308g, 308h (for a first en-
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1 listment), and 308i of title 37, relating to

2 bonuses and other incentives;

3 ‘‘(ii) amounts deposited in the Depart4 ment of Defense Education Benefits Fund

5 pursuant to section 2006(g) of this title;

6 and

7 ‘‘(iii) payments under the provisions of

8 chapters 105, 107, and 109 of this title and

9 chapter 30 of title 38; and

10 ‘‘(E) costs associated with military entrance

11 processing;

12 ‘‘(2) the appropriation accounts from which such

13 costs are to be paid; and

14 ‘‘(3) the estimated average total annual cost of

15 recruiting a person for enlistment, appointment, or

16 induction into the armed forces for the fiscal year

17 covered by the budget justification documents, deter18 mined and reported separately for—

19 ‘‘(A) each armed force;

20 ‘‘(B) the active component of each armed

21 force;

22 ‘‘(C) each of the reserve components of each

23 armed force; and

24 ‘‘(D) for all of the armed forces.’’.
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1 (b) TABLE OF SECTIONS.—The table of sections at the

2 beginning of such chapter is amended by adding at the end

3 the following new item:

‘‘227. Recruiting costs.’’.

4 SEC. 341. REVISION OF AUTHORITIES ON NATIONAL SECU5 RITY EDUCATION TRUST FUND.

6 (a) CREDITING OF GIFTS TO THE NATIONAL SECURITY

7 EDUCATION TRUST FUND.—Section 804(e) of the David L.

8 Boren National Security Education Act of 1991 (50 U.S.C.

9 1904(e)) is amended by adding at the end the following:

10 ‘‘(3) Any gifts of money shall be credited to and form

11 a part of the Fund.’’.

12 (b) REPEAL OF AUTHORIZATION REQUIREMENT.—

13 Section 804(b) of such Act is amended—

14 (1) by striking out paragraph (2);

15 (2) by striking out ‘‘(1)’’; and

16 (3) by redesignating subparagraphs (A) and (B)

17 as paragraphs (1) and (2), respectively.

18 TITLE IV—MILITARY PERSONNEL

19 AUTHORIZATIONS

20 Subtitle A—Active Forces

21 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

22 The Armed Forces are authorized strengths for active

23 duty personnel as of September 30, 1994, as follows:

24 (1) The Army, 540,000, of whom not more than

25 84,414 shall be commissioned officers.
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1 (2) The Navy, 480,800, of whom not more than

2 62,747 shall be commissioned officers.

3 (3) The Marine Corps, 177,000, of whom not

4 more than 17,851 shall be commissioned officers.

5 (4) The Air Force, 424,400, of whom not more

6 than 80,632 shall be commissioned officers.

7 SEC. 402. TEMPORARY VARIATION OF PERMANENT END

8 STRENGTH LIMITATIONS FOR CERTAIN

9 GRADES OF OFFICERS IN THE MARINE

10 CORPS.

11 (a) VARIATION IN PERMANENT LIMITATIONS.—Not12 withstanding the items relating to majors and lieutenant

13 colonels of the Marine Corps in the table in section

14 523(a)(1) of title 10, United States Code, in the administra15 tion of the limitation in such section for a fiscal year re16 ferred to in the table in subsection (b) of this section with

17 respect to commissioned officers of the Marine Corps serving

18 on active duty in the grades of major and lieutenant colonel,

19 the numbers applicable to such commissioned officers shall

20 be the numbers set forth for such fiscal year in the table

21 in subsection (b).

22 (b) TABLE.—The table referred to in subsection (a) is

23 as follows:

‘‘Fiscal year:

Number of officers who may be

serving on active duty in the

grade of:

Major

Lieutenant

colonel
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1994 .................................... 3,023 ................................... 1,577

1995 .................................... 3,081 ................................... 1,610

1996 .................................... 3,139 ................................... 1,643

1997 .................................... 3,196 ................................... 1,677.’’.

1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

3 (a) IN GENERAL.—The Armed Forces are authorized

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 1994, as follows:

6 (1) The Army National Guard of the United

7 States, 410,000.

8 (2) The Army Reserve, 260,000.

9 (3) The Naval Reserve, 127,000.

10 (4) The Marine Corps Reserve, 42,200.

11 (5) The Air National Guard of the United

12 States, 119,760.

13 (6) The Air Force Reserve, 81,500.

14 (7) The Coast Guard Reserve, 10,500.

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

16 may vary an end strength authorized by subsection (a) by

17 not more than 2 percent above or below that authorized end

18 strength.

19 (c) ADJUSTMENTS.—The end strengths prescribed by

20 subsection (a) for the Selected Reserve of any reserve compo21 nent shall be reduced proportionately by—

22 (1) the total authorized strength of units orga23 nized to serve as units of the Selected Reserve of such
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1 component which are on active duty (other than for

2 training) at the end of the fiscal year, and

3 (2) the total number of individual members not

4 in units organized to serve as units of the Selected

5 Reserve of such component who are on active duty

6 (other than for training or for unsatisfactory partici7 pation in training) without their consent at the end

8 of the fiscal year.

9 Whenever such units or such individual members are re10 leased from active duty during any fiscal year, the end

11 strength prescribed for such fiscal year for the Selected Re12 serve of such reserve component shall be proportionately in13 creased by the total authorized strengths of such units and

14 by the total number of such individual members.

15 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

16 DUTY IN SUPPORT OF THE RESERVE COMPO17 NENTS.

18 Within the end strengths prescribed in section 411(a),

19 the reserve components of the Armed Forces are authorized,

20 as of September 30, 1994, the following number of Reserves

21 to be serving on full-time active duty or, in the case of mem22 bers of the National Guard, full-time National Guard duty

23 for the purpose of organizing, administering, recruiting, in24 structing, or training the reserve components:
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1 (1) The Army National Guard of the United

2 States, 24,180.

3 (2) The Army Reserve, 12,542.

4 (3) The Naval Reserve, 20,415.

5 (4) The Marine Corps Reserve, 2,285.

6 (5) The Air National Guard of the United

7 States, 9,517.

8 (6) The Air Force Reserve, 648.

9 SEC. 413. TEMPORARY VARIATION OF PERMANENT END

10 STRENGTH LIMITATIONS FOR AIR FORCE

11 PERSONNEL SERVING ON ACTIVE DUTY IN

12 CERTAIN GRADES IN SUPPORT OF THE RE13 SERVE COMPONENTS.

14 (a) SENIOR ENLISTED MEMBERS.—Notwithstanding

15 the items relating to pay grades E–8 and E–9 of the Air

16 Force in the table in section 517(b) of title 10, United States

17 Code, in the administration of the limitation in such sec18 tion for fiscal year 1994 with respect to enlisted members

19 of the Air Force serving on active duty in pay grades E–

20 8 and E–9 for duty referred to in that section, the numbers

21 applicable to such enlisted members are as follows:

22 (1) Grade E–8, 840.

23 (2) Grade E–9, 328.

24 (b) CERTAIN OFFICER GRADES.—Notwithstanding the

25 items relating to lieutenant colonels and colonels of the Air
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1 Force in the table in section 524(a) of such title, in the

2 administration of the limitation in such section for fiscal

3 year 1994 with respect to commissioned officers of the Air

4 Force serving on active duty in the grades of lieutenant

5 colonel and colonel for duty referred to in that section, the

6 numbers applicable to such commissioned officers are as fol7 lows:

8 (1) Lieutenant colonel, 636.

9 (2) Colonel, 274.

10 Subtitle C—Military Training

11 Student Loads

12 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

13 (a) IN GENERAL.—For fiscal year 1994, Armed Forces

14 are authorized average military training student loads as

15 follows:

16 (1) The Army, 75,220.

17 (2) The Navy, 45,269.

18 (3) The Marine Corps, 22,753.

19 (4) The Air Force, 33,439.

20 (b) SCOPE.—The average military training student

21 load authorized for an armed force under subsection (a) ap22 plies to the active and reserve components of that armed

23 force.

24 (c) ADJUSTMENTS.—The average military training

25 student loads authorized in subsection (a) shall be adjusted
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1 consistent with the end strengths authorized in parts A and

2 B. The Secretary of Defense shall prescribe the manner in

3 which such adjustments shall be apportioned.

4 Subtitle D—Authorization of

5 Appropriations

6 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI7 TARY PERSONNEL.

8 There is hereby authorized to be appropriated to the

9 Department of Defense for military personnel for fiscal year

10 1994 a total of $70,711,000,000. The authorization in the

11 preceding sentence supersedes any other authorization of

12 appropriations (definite or indefinite) for such purpose for

13 fiscal year 1994.

14 TITLE V—MILITARY PERSONNEL

15 POLICY

16 Subtitle A—Officer Personnel Policy

17 SEC. 501. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR

18 ADVANCED EDUCATION IN A HEALTH PRO19 FESSION.

20 (a) CREDIT UPON ORIGINAL APPOINTMENT IN A REG21 ULAR COMPONENT.—Section 533(b)(1) of title 10, United

22 States Code, is amended—

23 (1) in subparagraph (A)—

24 (A) by inserting ‘‘(including advanced edu25 cation in a health profession)’’ in the first sen-
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1 tence after ‘‘One year for each year of advanced

2 education’’;

3 (B) by striking out ‘‘Except as provided in

4 clause (E), in’’ at the beginning of the second

5 sentence and inserting in lieu thereof ‘‘In’’; and

6 (C) by striking out ‘‘postsecondary edu7 cation in excess of four that are’’ in the second

8 sentence and inserting in lieu thereof ‘‘advanced

9 education’’;

10 (2) by striking out subparagraph (E); and

11 (3) by redesignating subparagraph (F) as sub12 paragraph (E).

13 (b) CREDIT UPON ORIGINAL APPOINTMENT AS RE14 SERVE OFFICER IN THE ARMY.—Section 3353(b)(1) of title

15 10, United States Code, is amended—

16 (1) in subparagraph (A)—

17 (A) by inserting ‘‘(including advanced edu18 cation in a health profession)’’ in the first sen19 tence after ‘‘One year for each year of advanced

20 education’’;

21 (B) by striking out ‘‘Except as provided in

22 clause (E), in ’’ at the beginning of the second

23 sentence and inserting in lieu thereof ‘‘In’’; and

24 (C) by striking out ‘‘postsecondary edu25 cation in excess of four that are’’ in the second
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1 sentence and inserting in lieu thereof ‘‘advanced

2 education’’;

3 (2) by striking out subparagraph (E); and

4 (3) by redesignating subparagraph (F) as sub5 paragraph (E).

6 (c) CREDIT UPON ORIGINAL APPOINTMENT AS OFFI7 CER IN NAVAL RESERVE OR MARINE CORPS RESERVE.—

8 Section 5600(b)(1) of title 10, United States Code, is

9 amended—

10 (1) in subparagraph (A)—

11 (A) by inserting ‘‘(including advanced edu12 cation in a health profession)’’ in the first sen13 tence after ‘‘One year for each year of advanced

14 education’’;

15 (B) by striking out ‘‘Except as provided in

16 clause (E), in’’ at the beginning of the second

17 sentence and inserting in lieu thereof ‘‘In’’; and

18 (C) by striking out ‘‘postsecondary edu19 cation in excess of four that are’’ in the second

20 sentence and inserting in lieu thereof ‘‘advanced

21 education’’;

22 (2) by striking out subparagraph (E); and

23 (3) by redesignating subparagraph (F) as sub24 paragraph (E).
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1 (d) CREDIT UPON ORIGINAL APPOINTMENT AS RE2 SERVE OFFICER IN THE AIR FORCE.—Section 8353(b)(1)

3 of title 10, United States Code, is amended—

4 (1) in subparagraph (A)—

5 (A) by inserting ‘‘(including advanced edu6 cation in a health profession)’’ in the first sen7 tence after ‘‘One year for each year of advanced

8 education’’;

9 (B) by striking out ‘‘Except as provided in

10 clause (E), in’’ at the beginning of the second

11 sentence and inserting in lieu thereof ‘‘In’’; and

12 (C) by striking out ‘‘postsecondary edu13 cation in excess of four that are’’ in the second

14 sentence and inserting in lieu thereof ‘‘advanced

15 education’’;

16 (2) by striking out subparagraph (E); and

17 (3) by redesignating subparagraph (F) as sub18 paragraph (E).

19 SEC. 502. ORIGINAL APPOINTMENT AS REGULAR OFFICERS

20 CERTAIN RESERVE OFFICERS IN HEALTH

21 PROFESSIONS.

22 Section 532 of title 10, United States Code, is amended

23 by adding at the end the following:

24 ‘‘(e)(1) An original appointment as a commissioned

25 officer (other than as a commissioned warrant officer) in
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1 the Regular Army, Regular Navy, Regular Air Force, or

2 Regular Marine Corps may given to a person referred to

3 in paragraph (2) in accordance with subsection (a) without

4 regard to the requirement in paragraph (2) of such sub5 section.

6 ‘‘(2) Paragraph (1) applies to a person who is a re7 serve commissioned officer of the Medical Corps, Medical

8 Specialist Corps, Nurse Corps, or Veterinary Corps of the

9 Army, a reserve commissioned officer in the Medical Corps

10 or Nurse Corps of the Navy, or a reserve commissioned offi11 cer of the Air Force designated as a medical officer, bio12 medical science officer, or Air Force nurse.’’.

13 SEC. 503. TEMPORARY AUTHORITY FOR INVOLUNTARY SEP14 ARATION OF CERTAIN REGULAR WARRANT

15 OFFICERS.

16 (a) IN GENERAL.—Chapter 33A of title 10, United

17 States Code, is amended by inserting after section 580 the

18 following new section:

19 ‘‘§ 580a. Enhanced authority for selective early dis20 charges

21 ‘‘(a) The Secretary of Defense may authorize the Sec22 retary of a military department, during the two-year period

23 beginning on October 1, 1993, to take the action set forth

24 in subsection (b) with respect to regular warrant officers

25 of an armed force under the jurisdiction of that Secretary.
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1 ‘‘(b) The Secretary of a military department may,

2 with respect to regular warrant officers of an armed force,

3 when authorized to do so under subsection (a), convene se4 lection boards under section 573(c) of this title to consider

5 for discharge regular warrant officers on the warrant officer

6 active-duty list—

7 ‘‘(1) who have served at least one year of active

8 duty in the grade currently held;

9 ‘‘(2) whose names are not on a list of warrant

10 officers recommended for promotion; and

11 ‘‘(3) who are not eligible to be retired under any

12 provision of law and are not within two years of be13 coming so eligible.

14 ‘‘(c)(1) In the case of an action under subsection (b),

15 the Secretary of the military department concerned may

16 submit to a selection board convened pursuant to that

17 subsection—

18 ‘‘(A) the names of all regular warrant officers

19 described in that subsection in a particular grade and

20 competitive category; or

21 ‘‘(B) the names of all regular warrant officers

22 described in that subsection in a particular grade and

23 competitive category who also are in particular year

24 groups or specialties, or both, within that competitive

25 category.
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1 ‘‘(2) The Secretary concerned shall specify the total

2 number of warrant officers to be recommended for discharge

3 by a selection board convened pursuant to subsection (b).

4 That number may not be more than 30 percent of the num5 ber of officers considered—

6 ‘‘(A) in each grade in each competitive category;

7 or

8 ‘‘(B) in each grade, year group, or specialty (or

9 combination thereof) in each competitive category.

10 ‘‘(3) The total number of regular warrant officers de11 scribed in subsection (b) from any of the armed forces (or

12 from any of the armed forces in a particular grade) who

13 may be recommended during a fiscal year for discharge by

14 a selection board convened pursuant to the authority of that

15 subsection may not exceed 70 percent of the decrease, as

16 compared to the preceding fiscal year, in the number of

17 warrant officers of that armed force (or the number of war18 rant officers of that armed force in that grade) authorized

19 to be serving on active duty as of the end of that fiscal year.

20 ‘‘(4) A warrant officer who is recommended for dis21 charge by a selection board convened pursuant to the au22 thority of subsection (b) and whose discharge is approved

23 by the Secretary concerned shall be discharged on a date

24 specified by the Secretary concerned.
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1 ‘‘(5) Selection of warrant officers for discharge under

2 this subsection shall be based on the needs of the service.

3 ‘‘(d) The discharge of any warrant officer pursuant to

4 this section shall be considered involuntary for purposes of

5 any other provision of law.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of chapter 33A of such title is amended by

8 inserting after the item relating to section 580 the following

9 new item:

‘‘580a. Enhanced authority for selective early discharges.’’.

10 SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR TEM11 PORARY PROMOTIONS OF CERTAIN NAVY

12 LIEUTENANTS.

13 Effective as of September 29, 1993, section 5721(f) of

14 title 10, United States Code, is amended by striking out

15 ‘‘September 30, 1993’’ and inserting in lieu thereof ‘‘Sep16 tember 30, 1995’’.

17 Subtitle B—Reserve Components

18 SEC. 511. LIMITED DELEGATION OF PRESIDENTIAL AU19 THORITY TO ORDER SELECTED RESERVE TO

20 ACTIVE DUTY.

21 (a) AUTHORITY TO ORDER THE SELECTED RESERVE

22 TO ACTIVE DUTY.—Section 673b(a) of title 10, United

23 States Code, is amended by striking out ‘‘when the Presi24 dent determines that it is necessary to augment the active
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1 forces for any operational mission, he’’ and inserting in lieu

2 thereof ‘‘the President’’.

3 (b) MAXIMUM NUMBER SERVING ON ACTIVE DUTY

4 CONCURRENTLY.—Section 673b(c) of such title is amended

5 to read as follows:

6 ‘‘(c)(1) Except as provided in paragraph (2), the num7 ber of members of the Selected Reserve that are on active

8 duty at any one time under subsection (a) may not exceed

9 25,000.

10 ‘‘(2) When the President determines it necessary in

11 order to augment the active forces for an operational mis12 sion, the number of members of the Selected Reserve that

13 are on active duty at one time under subsection (a) may

14 exceed 25,000 but may not exceed 200,000.’’.

15 SEC. 512. TWO-YEAR EXTENSION OF CERTAIN RESERVE OF16 FICER MANAGEMENT AUTHORITIES.

17 (a) GRADE DETERMINATION AUTHORITY FOR CERTAIN

18 RESERVE MEDICAL OFFICERS.—Sections 3359(b) and

19 8359(b) of title 10, United States Code, are amended by

20 striking out ‘‘September 30, 1993’’ and inserting in lieu

21 thereof ‘‘September 30, 1995’’.

22 (b) PROMOTION AUTHORITY FOR CERTAIN RESERVE

23 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

24 and 8380(d) of title 10, United States Code, are amended
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1 by striking out ‘‘September 30, 1993’’ and inserting in lieu

2 thereof ‘‘September 30, 1995’’.

3 (c) YEARS OF SERVICE FOR MANDATORY TRANSFER

4 TO THE RETIRED RESERVE.—Section 1016(d) of the De5 partment of Defense Authorization Act, 1984 (10 U.S.C.

6 3360 note) is amended by striking out ‘‘September 30,

7 1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.

8 (d) EFFECTIVE DATE.—(1) The amendments made by

9 this section shall take effect as of September 30, 1993.

10 (2) If the date of the enactment of this Act is after

11 September 30, 1993, the Secretary of the Army or the Sec12 retary of the Air Force, as appropriate, shall provide, in

13 the case of a Reserve officer appointed to a higher grade

14 on or after the date of the enactment of this Act under an

15 appointment described in paragraph (3), that the date of

16 rank of such officer under that appointment shall be the

17 date of rank that would have applied to the appointment

18 had the authority referred to in that paragraph not lapsed.

19 (3) An appointment referred to in paragraph (2) is

20 an appointment under section 3380 or 8380 of title 10,

21 United States Code, that (as determined by the Secretary

22 concerned) would have been made during the period begin23 ning on October 1, 1993, and ending on the date of the

24 enactment of this Act had the authority to make appoint25 ments under that section not lapsed during such period.
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1 SEC. 513. CONSISTENCY OF TREATMENT OF NATIONAL

2 GUARD TECHNICIANS AND OTHER MEMBERS

3 OF THE NATIONAL GUARD.

4 (a) FEDERAL RECOGNITION QUALIFICATIONS FOR

5 TECHNICIANS.—Section 709 of title 32, United States Code,

6 is amended by adding at the end the following new sub7 section:

8 ‘‘(i) The Secretary concerned may not prescribe for

9 purposes of eligibility for Federal recognition under section

10 301 of this title special qualifications applicable to techni11 cians employed under subsection (a) that are not applicable

12 pursuant to that section to the other members of the Na13 tional Guard in the same grade, branch, position, and type

14 of unit or organization involved.’’.

15 (b) MILITARY EDUCATION.—(1) Section 523 of the Na16 tional Defense Authorization Act, Fiscal Year 1989 (Public

17 Law 100–456; 102 Stat. 1918, 1974; 32 U.S.C. 709 note)

18 is repealed.

19 (2) Section 506 of the National Defense Authorization

20 Act for Fiscal Years 1990 and 1991 (Public Law 101–189;

21 103 Stat. 1438; 32 U.S.C. 709 note) is repealed.

22 SEC. 514. EXCEPTION TO REQUIREMENT FOR 12 WEEKS OF

23 BASIC TRAINING.

24 Section 671(b) of title 10, United States Code, is

25 amended—

26 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(2)(A) Notwithstanding paragraph (1) and section

4 4(a) of the Military Selective Service Act (50 U.S.C. App.

5 454(a)), under regulations prescribed in accordance with

6 subparagraph (B), the Secretary concerned may establish

7 a period of basic training (or equivalent training) shorter

8 than 12 weeks for persons inducted, enlisted, or appointed

9 in an armed force who have developed skills in the civilian

10 sector that can be readily applied in the armed forces.

11 ‘‘(B) The Secretary of Defense shall prescribe regula12 tions governing the implementation of the authority pro13 vided in subparagraph (A). The regulations shall apply

14 uniformly to the military departments. The Secretary of

15 Transportation shall prescribe regulations governing the

16 implementation of the authority provided in subparagraph

17 (A) for the Coast Guard when it is not operating as a serv18 ice in the Navy.’’.

19 SEC. 515. NATIONAL GUARD MANAGEMENT INITIATIVES.

20 (a) CLARIFICATION REGARDING FEMALE MEMBERS OF

21 THE MILITIA.—Section 311(a) of title 10, United States

22 Code, is amended by inserting ‘‘, warrant officers, or en23 listed members’’ after ‘‘female citizens of the United States

24 who are commissioned officers’’.
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1 (b) REPEAL OF REQUIREMENTS FOR PHYSICAL EXAM2 INATION OF NATIONAL GUARD MEMBERS CALLED INTO

3 FEDERAL SERVICE.—(1)(A) Section 3502 of title 10, Unit4 ed States Code, is repealed.

5 (B) The table of sections at the beginning of chapter

6 341 of such title is amended by striking out the item relat7 ing to section 3502.

8 (2)(A) Section 8502 of title 10, United States Code,

9 is repealed.

10 (B) The table of sections at the beginning of chapter

11 841 of such title is amended by striking out the item relat12 ing to section 8502.

13 (c) INCREASED PERIOD FOR COMPLETION OF UNIT

14 TRAINING.—Section 502(b) of title 32, United States Code,

15 is amended by striking out ‘‘30 consecutive days’’ in the

16 second sentence and inserting in lieu thereof ‘‘90 consecutive

17 days’’.

18 (d) EXCEPTIONS TO 30-DAY NOTICE FOR TERMI19 NATION OF EMPLOYMENT OF TECHNICIANS.—Subsection

20 709(e)(6) of title 32, United States Code, is amended by

21 inserting after ‘‘termination of employment as a technician

22 and’’ the following: ‘‘, unless the technician is serving under

23 a temporary appointment, is serving in a trial or proba24 tionary period, or has voluntarily ceased to be a member
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1 of the National Guard when such membership is a condition

2 of employment,’’.

3 (e) REPEAL OF LIMIT ON NUMBER OF TECHNICIANS

4 EMPLOYED CONCURRENTLY.—Subsection 709(h) of title 32,

5 United States Code, is repealed.

6 (f) PERSONNEL AUTHORIZED TO MAKE

7 UNSERVICEABILITY FINDINGS.—Subsection 710(f) of title

8 32, United States Code, is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’;

10 (2) in the first sentence, by striking out ‘‘of the

11 Regular Army or the Regular Air Force, as the case

12 may be,’’; and

13 (3) by adding at the end the following new paragraph:

14 ‘‘(2) The Secretary shall designate a commissioned of15 ficer of the Regular Army, a commissioned officer of the

16 Army National Guard who is also a commissioned officer

17 of the Army National Guard of the United States, a com18 missioned officer of the Regular Air Force, or a commis19 sioned officer of the Air National Guard who is also a com20 missioned officer of the Air National Guard of the United

21 States to conduct inspections and make findings for pur22 poses of paragraph (1).’’.
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1 SEC. 516. FREQUENCY OF PHYSICAL EXAMINATIONS OF

2 MEMBERS OF THE READY RESERVE.

3 Section 1004(a)(1) of title 10, United States Code, is

4 amended by striking out ‘‘four years’’ and inserting in lieu

5 thereof ‘‘five years’’.

6 Subtitle C—Service Academies

7 SEC. 521. CONGRESSIONAL NOMINATIONS.

8 Sections 4342(a), 6954(a), and 9342(a) of title 10,

9 United States Code, are amended—

10 (1) in the sentence following paragraph (9), by

11 striking out ‘‘a principal candidate and nine alter12 nates’’ and inserting in lieu thereof ‘‘10 persons’’; and

13 (2) by inserting after such sentence the following:

14 ‘‘Nominees may be submitted without ranking, or

15 with a principal candidate and 9 ranked or unranked

16 alternates. Qualified nominees not selected for ap17 pointment under this subsection shall be considered

18 qualified alternates for the purposes of selection under

19 other provisions of this chapter.’’.

20 SEC. 522. GRADUATION LEAVE.

21 Section 702(a) of title 10, United States Code, is

22 amended by striking out ‘‘regular’’ in the first sentence.

23 SEC. 523. MANAGEMENT OF FACULTIES.

24 (a) IN GENERAL.—(1) Title 10, United States Code,

25 is amended by inserting after chapter 111 the following new

26 chapter:
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1 ‘‘CHAPTER 112—MANAGEMENT OF

2 FACULTIES OF THE SERVICE ACADEMIES

‘‘Sec.

‘‘2000. Academy defined.

‘‘2000a. Faculty management.

‘‘2000b. Requirement to report misconduct.

3 ‘‘§ 2000. Academy defined

4 ‘‘For purposes of this chapter, ‘Academy’ means the

5 United States Military Academy, the United States Naval

6 Academy, or the United States Air Force Academy.

7 ‘‘§ 2000a. Faculty management

8 ‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—The

9 Secretary of Defense may, without regard to any other pro10 vision of law relating to the number, classification, or com11 pensation of employees—

12 ‘‘(1) establish such positions for civilian faculty

13 of an Academy as the Secretary considers necessary

14 to carry out the functions of the Academy;

15 ‘‘(2) appoint individuals to such positions; and

16 ‘‘(3) subject to section 5373 of title 5, fix the

17 compensation of such individuals for service in such

18 positions.

19 ‘‘(b) EXCLUSIVE AUTHORITY.—The authority of the

20 Secretary to take an action under subsection (a) is exclu21 sive.

22 ‘‘(c) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

23 LAWS.—To provide for the effective and efficient manage-
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1 ment of the civilian faculty of an Academy, such faculty

2 shall be exempt from the following provisions of title 5:

3 ‘‘(1) Chapter 43, relating to performance ap4 praisals.

5 ‘‘(2) Chapter 51, relating to classification.

6 ‘‘(3) Chapter 53, relating to pay rates and sys7 tems.

8 ‘‘(4) Section 5542, relating to overtime pay

9 rates.

10 ‘‘(5) Chapter 61, relating to hours of work.

11 ‘‘§ 2000b. Requirement to report misconduct

12 ‘‘(a) REQUIREMENT.—Each officer and each civilian

13 member of the teaching staff of an Academy shall report

14 to the Superintendent of the Academy, or the Superintend15 ent’s designee, any fact that tends to evidence the commis16 sion of hazing or any violation of an Academy regulation

17 by a cadet or midshipman.

18 ‘‘(b) FAILURE OF OFFICER TO REPORT.—Any officer

19 who willfully fails to make a report required by subsection

20 (a) shall be reassigned from duties involving the teaching

21 or supervision of cadets or midshipmen and, at the request

22 of the Superintendent, shall be reassigned from the Acad23 emy.

24 ‘‘(c) FAILURE OF CIVILIAN FACULTY MEMBER TO RE25 PORT.—Subject to the approval of the Secretary of Defense,
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1 the Superintendent of an Academy shall remove any civil2 ian member of the teaching staff of the Academy who will3 fully fails to make a report required by subsection (a).’’.

4 (2) The tables of chapters at the beginning of subtitle

5 A of title 10, United States Code, and the beginning of part

6 III of such subtitle are amended by inserting after the item

7 relating to chapter 111 the following:

‘‘112. Management of faculties of the service academies ............................... 2000’’.

8 (b) REPEAL OF SUPERSEDED LAW.—(1) Section 6965

9 of title 10, United States Code, is repealed.

10 (2) The table of sections at the beginning of chapter

11 603 of such title is amended by striking the item relating

12 to section 6965.

13 Subtitle D—Force Reduction

14 Transition

15 SEC. 531. TEACHER AND TEACHER AIDE PROGRAM FOR SEP16 ARATED MEMBERS OF THE ARMED FORCES.

17 (a) REVISED DEADLINE FOR APPLICATIONS.—Section

18 1151(e)(1) of title 10, United States Code, is amended by

19 striking out ‘‘before the date of the discharge or release’’ in

20 the first sentence and inserting in lieu thereof ‘‘not later

21 than one year after the discharge or release’’.

22 (b) DISCRETIONARY AUTHORITY TO MAKE GRANTS TO

23 FACILITATE PLACEMENTS.—Paragraphs (1) and (2) of sec24 tion 1151(h) of title 10, United States Code, are amended
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1 by striking out ‘‘shall offer’’ and inserting in lieu thereof

2 ‘‘may offer’’.

3 (c) ELIGIBILITY OF MEMBERS NOT EDUCATIONALLY

4 QUALIFIED FOR TEACHER PLACEMENT ASSISTANCE.—Sec5 tion 1151 of title 10, United States Code, is amended—

6 (1) in subsection (c)—

7 (A) by redesignating paragraphs (2) and

8 (3) as paragraphs (3) and (4), respectively; and

9 (B) by inserting after paragraph (1) the fol10 lowing new paragraph (2):

11 ‘‘(2) For purposes of this section, a former member of

12 the armed forces who did not meet the minimum edu13 cational qualification criterion set forth in paragraph

14 (1)(B)(i) for teacher placement assistance before discharge

15 or release from active duty shall be considered to be a mem16 ber satisfying such educational qualification criterion upon

17 satisfying that criterion within 5 years after discharge or

18 release from active duty.’’;

19 (2) in subsection (e)(1), as amended by sub20 section (a), by inserting before the period at the end

21 of the first sentence the following: ‘‘or, in the case of

22 an applicant becoming educationally qualified for

23 teacher placement assistance in accordance with sub24 section (c)(2), not later than one year after the appli25 cant becomes educationally qualified.’’;
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1 (3) by redesignating subsection (k) as subsection

2 (l); and

3 (4) by inserting after subsection (j) the following

4 new subsection (k):

5 ‘‘(k) IDENTIFICATION OF NCOS WITHOUT DEGREES

6 AS CANDIDATES FOR ASSISTANCE.—The Secretary shall

7 provide under the program for—

8 ‘‘(1) identifying, during each fiscal year in the

9 period referred to in subsection (c)(1)(A), noncommis10 sioned officers who, on or before the end of such fiscal

11 year, will have completed 10 or more years of contin12 uous active duty, who have the potential to perform

13 competently as elementary or secondary school teach14 ers, but who do not satisfy the minimum educational

15 qualification criterion under subsection (c)(1)(B)(i)

16 for teacher placement assistance; and

17 ‘‘(2) informing the noncommissioned officers so

18 identified of the opportunity to qualify in accordance

19 with subsection (c)(2) for teacher placement assistance

20 under the program.’’.

21 SEC. 532. EXTENSION OF PERSONNEL MANAGEMENT AND

22 BENEFITS TRANSITION AUTHORITIES.

23 (a) RETIREMENT OF CERTAIN LIMITED DUTY OFFI24 CERS OF THE NAVY.—Sections 633, 634, 6383(a)(5), and

25 6383(i) of title 10, United States Code, are amended by
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1 striking out ‘‘October 1, 1995’’ and inserting in lieu thereof

2 ‘‘October 1, 1998’’.

3 (b) EARLY RETIREMENT AUTHORITY FOR CERTAIN

4 ACTIVE DUTY MEMBERS DURING ACTIVE FORCE

5 DRAWDOWN.—Section 4403(i) of the National Defense Au6 thorization Act for Fiscal Year 1993 (Public Law 102–484;

7 106 Stat. 2704; 10 U.S.C. 1293 note) is amended by strik8 ing out ‘‘October 1, 1995’’ and inserting in lieu thereof ‘‘Oc9 tober 1, 1998’’.

10 (c) GUARD AND RESERVE TRANSITION INITIATIVES.—

11 Section 4411 of the National Defense Authorization Act for

12 Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2712;

13 10 U.S.C. 1162 note) is amended by striking out ‘‘Septem14 ber 30, 1995’’ and inserting in lieu thereof ‘‘October 1,

15 1998’’.

16 (d) WAIVER OF SERVICE REQUIREMENT FOR CERTAIN

17 RESERVISTS UNDER MONTGOMERY GI BILL.—Section

18 2133(b)(1)(B) of title 10, United States Code, and section

19 3012(b)(1)(B)(iii) of title 38, United States Code, are

20 amended by striking out ‘‘September 30, 1995,’’ and insert21 ing in lieu thereof in each instance ‘‘October 1, 1998’’.

22 (e) PROGRAM OF EDUCATIONAL LEAVE RELATING TO

23 CONTINUING PUBLIC AND COMMUNITY SERVICE.—Section

24 4463(f) of the National Defense Authorization Act for Fiscal

25 Year 1993 (Public Law 102–484; 10 U.S.C. 1143a note)
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1 is amended by striking out ‘‘September 30, 1995’’ and in2 serting in lieu thereof ‘‘October 1, 1998’’.

3 (f) SPECIAL SEPARATION BENEFITS FOR CERTAIN

4 VOLUNTARILY SEPARATED MEMBERS.—Section 1174a(h) of

5 title 10, United States Code, is amended by striking out

6 ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep7 tember 30, 1998’’.

8 (g) VOLUNTARY SEPARATION INCENTIVES FOR CER9 TAIN VOLUNTARILY SEPARATED MEMBERS.—Section 1175

10 of title 10, United States Code, is amended—

11 (1) in subsections (d)(3) and (h)(6), by striking

12 out ‘‘September 30, 1995’’ each place it appears and

13 inserting in lieu thereof ‘‘September 30, 1998’’; and

14 (2) in subsection (h)(7)(A), by striking out ‘‘fis15 cal year 1996’’ and inserting in lieu thereof ‘‘fiscal

16 year 1999’’.

17 (h) UNIFORM PROCESS FOR IMPLEMENTING REDUC18 TIONS IN STRENGTHS.—Section 402(a) of the National De19 fense Authorization Act for Fiscal Year 1991 (Public Law

20 101–510; 104 Stat. 1544) is amended by striking out ‘‘five21 year period’’ each place it appears and inserting in lieu

22 thereof ‘‘eight-year period’’.

23 (i) TRAVEL AND TRANSPORTATION ALLOWANCES AND

24 STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS FOR

25 CERTAIN MEMBERS BEING INVOLUNTARILY SEPARATED.—
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1 (1) Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v)

2 and 406(g)(1)(C) of title 37, United States Code, are

3 amended by striking out ‘‘five-year period’’ and inserting

4 in lieu thereof in each instance ‘‘eight-year period’’.

5 (2) Section 503(c) of the National Defense Act Author6 ization Act for Fiscal Year 1991 (Public Law 101–510; 37

7 U.S.C. 406 note) is amended by striking out ‘‘five-year pe8 riod’’ and inserting in lieu thereof ‘‘eight-year period’’.

9 (j) CONTINUED ENROLLMENT OF DEPENDENTS OF

10 CERTAIN INVOLUNTARILY SEPARATED MEMBERS IN DE11 FENSE DEPENDENTS’ EDUCATION SYSTEM.—Section

12 1407(c) of the Defense Dependents’ Education Act of 1978

13 (20 U.S.C. 926(c)) is amended by striking out ‘‘five-year

14 period’’ and inserting in lieu thereof ‘‘eight-year period’’.

15 (k) REDUCTION OF TIME-IN-GRADE REQUIREMENT

16 FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE17 MENT.—Section 1370(a)(2)(A) of title 10, United States

18 Code, is amended by striking out ‘‘five-year period’’ and

19 inserting in lieu thereof ‘‘eight-year period’’.

20 (l) REQUIRED LENGTH OF COMMISSIONED SERVICE

21 FOR VOLUNTARY RETIREMENT AS AN OFFICER.—Sections

22 3911(b), 6323(a)(2), and 8911(b) of title 10, United States

23 Code, are amended by striking out ‘‘five-year period’’ and

24 inserting in lieu thereof ‘‘eight-year period’’.
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1 SEC. 533. TECHNICAL AND CONFORMING AMENDMENTS RE2 LATING TO TRANSITION AUTHORITIES.

3 (a) RETENTION ON ACTIVE DUTY OF ENLISTED RE4 SERVES WITH BETWEEN 18 AND 20 YEARS OF SERVICE.—

5 Section 1176(b) of title 10, United States Code, is amended

6 to read as follows:

7 ‘‘(b) RESERVE MEMBERS.—(1) A reserve enlisted

8 member serving in an active status who is selected to be

9 involuntarily separated, or whose term of enlistment expires

10 and who is denied reenlistment, and who on the date on

11 which the member is to be discharged or transferred from

12 an active status is entitled to be credited with at least 18

13 but less than 20 years of service computed under section

14 1332 of this title, may not be discharged or transferred from

15 an active status without the member’s consent before the

16 earlier of the following:

17 ‘‘(A) If as of the date on which the member is

18 to be discharged or transferred from an active status

19 the member has at least 18, but less than 19, years

20 of service computed under section 1332 of this title—

21 ‘‘(i) the date on which the member is enti22 tled to be credited with 20 years of service com23 puted under section 1332 of this title; or

24 ‘‘(ii) the third anniversary of the date on

25 which the member would otherwise be discharged

26 or transferred from an active status.
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1 ‘‘(B) If as of the date on which the member is

2 to be discharged or transferred from an active status

3 the member has at least 19, but less than 20, years

4 of service computed under section 1332 of this title—

5 ‘‘(i) the date on which the member is enti6 tled to be credited with 20 years of service com7 puted under section 1332 if this title; or

8 ‘‘(ii) the second anniversary of the date on

9 which the member would otherwise be discharged

10 or transferred from an active status.

11 ‘‘(2) This subsection does not apply to members who

12 are discharged or transferred from an active status for

13 physical disability or for cause.’’.

14 (b) AUTHORITY TO ORDER EARLY RETIREES TO AC15 TIVE DUTY.—Section 688(a) of title 10, United States Code,

16 is amended in the first sentence—

17 (1) by striking out ‘‘or’’ after ‘‘20 years of active

18 service,’’; and

19 (2) by inserting ‘‘, or a member of the Retired

20 Reserve, the Fleet Reserve, or the Fleet Marine Corps

21 Reserve who has been retired under the provisions of

22 section 4403(b) of Public Law 102–484’’ after ‘‘Fleet

23 Marine Corps Reserve’’.
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1 Subtitle E—Other Matters

2 SEC. 541. ASSIGNMENTS OF WOMEN MEMBERS OF THE

3 ARMED FORCES.

4 (a) REPEAL OF STATUTORY RESTRICTION ON THE AS5 SIGNMENT OF WOMEN IN THE NAVY AND MARINE CORPS.—

6 Section 6015 of title 10, United States Code, is repealed.

7 (b) ARMY ASSIGNMENTS.—(1) Part II of subtitle B of

8 title 10, United States Code, is amended by inserting after

9 chapter 345 the following new chapter:

10 ‘‘CHAPTER 346—ADMINISTRATION

‘‘3591. Assignments of women members.

11 ‘‘§ 3591. Assignments of women members

12 ‘‘Under regulations prescribed by the Secretary of De13 fense, the Secretary of the Army may prescribe the kinds

14 of duties which women members of the Army shall be as15 signed and the military authority which such members shall

16 exercise.’’.

17 (2) The tables of chapters at the beginning of subtitle

18 B of such title and of part II of such subtitle are amended

19 by inserting after the item relating to chapter 345 the fol20 lowing:

‘‘346. Administration ...................................................................................... 3591’’.

21 (c) NAVY AND MARINE CORPS ASSIGNMENTS.—(1)

22 Chapter 555 of title 10, United States Code, is amended
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1 by inserting after section 6014 the following new section

2 6015:

3 ‘‘§ 6015. Assignments of women members

4 ‘‘Under regulations prescribed by the Secretary of De5 fense, the Secretary of the Navy may prescribe the kinds

6 of duties which women members of the Navy and women

7 members of the Marine Corps shall be assigned and the

8 military authority which such members shall exercise.’’.

9 (2) The table of sections at the beginning of such chap10 ter is amended by striking out the item relating to section

11 6015 and inserting in lieu thereof the following:

‘‘6015. Assignments of women members.’’.

12 (d) AIR FORCE ASSIGNMENTS.—(1) Part II of subtitle

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

14 after chapter 845 the following new chapter:

15 ‘‘CHAPTER 846—ADMINISTRATION

‘‘3691. Assignments of women members.

16 ‘‘§ 8591. Assignments of women members

17 ‘‘Under regulations prescribed by the Secretary of De18 fense, the Secretary of the Air Force may prescribe the kinds

19 of duties which women members of the Air Force shall be

20 assigned and the military authority which such members

21 shall exercise.’’.

22 (2) The tables of chapters at the beginning of subtitle

23 D of such title and of part II of such subtitle are amended
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1 by inserting after the item relating to chapter 845 the fol2 lowing:

‘‘846. Administration ...................................................................................... 8591’’.

3 (e) NOTIFICATION REQUIREMENTS.—(1)(A) The Sec4 retary of Defense shall transmit to the Committees on

5 Armed Services of the Senate and House of Representatives,

6 on a day during which Congress is in session, any regula7 tion that the Secretary proposes for the purposes of section

8 3591, 6015, or 8591 of title 10, United States Code, as

9 added by this section. The Secretary may not issue the pro10 posed regulation (or any modification of the proposed regu11 lation) as a final regulation within the 60-day period be12 ginning on the date on which the Secretary transmits the

13 proposed regulation to such committees.

14 (B) For purposes of subparagraph (A), Congress is in

15 session on a day during which either House of Congress

16 is in session.

17 (C) A day on which both Houses of Congress are not

18 in session shall not be counted in the computation of the

19 60-day period referred to in subparagraph (A).

20 (2) The Secretary of Defense shall transmit to the Com21 mittees on Armed Services of the Senate and House of Rep22 resentatives any regulation that the Secretary issues as a

23 final regulation for the purposes of section 3591, 6015, or

24 8591 of title 10, United States Code, as added by this sec25 tion. The final regulation may not become effective within
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1 the 90-day period beginning on the date on which the Sec2 retary transmits the final regulation to such committees.

3 SEC. 542. REDUCTION IN THE MAXIMUM NUMBER OF YEARS

4 TO BE ON TEMPORARY DISABILITY RETIRED

5 LIST.

6 (a) IN GENERAL.—(1) Section 1210(b) of title 10,

7 United States Code, is amended by striking out ‘‘five years’’

8 in the first sentence and inserting in lieu thereof ‘‘three

9 years’’.

10 (2) Section 1210(h) of title 10, United States Code,

11 is amended by striking out ‘‘five years’’ and inserting in

12 lieu thereof ‘‘three years’’.

13 (b) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the date of the enactment of this

15 Act and shall apply to a member of the Armed Forces who

16 is placed on a temporary disability retired list on or after

17 such date.

18 SEC. 543. CLARIFICATION OF PUNITIVE UCMJ ARTICLE RE19 GARDING DRUNKEN DRIVING.

20 (a) CLARIFICATION.—Paragraph (2) of section 911 of

21 title 10, United States Code (article 111 of the Uniform

22 Code of Military Justice), is amended by inserting ‘‘or

23 more’’ after ‘‘0.10 grams’’ both places it appears.

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall take effect as if included in the amendment
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1 to section 911 of title 10, United States Code, made by sec2 tion 1066(a)(1) of Public Law 102–484 on October 23,

3 1992.

4 SEC. 544. AUTHORITY TO REDUCE ACTIVE DUTY SERVICE

5 OBLIGATION INCURRED IN CONNECTION

6 WITH ADVANCED EDUCATION ASSISTANCE.

7 Section 2005 of title 10, United States Code, is amend8 ed by adding at the end the following new subsection:

9 ‘‘(g) The Secretary concerned, may at any time before

10 October 1, 1998, modify an agreement described in sub11 section (a) to reduce the active duty service obligation speci12 fied in the agreement if the Secretary determines that it

13 is in the best interests of the United States to do so. The

14 Secretary shall reduce the amount required to be reimbursed

15 to the United States proportionately with the reduction in

16 the period of obligated active duty service.’’.

17 SEC. 545. AWARD OF PURPLE HEART TO MEMBERS KILLED

18 OR WOUNDED IN ACTION BY FRIENDLY FIRE.

19 (a) IN GENERAL.—Chapter 57 of title 10, United

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

21 new section:

22 ‘‘§ 1129. Purple Heart: members killed or wounded in

23 action by friendly fire

24 ‘‘(a) For purposes of the award of the Purple Heart,

25 the Secretary concerned shall treat a member of the armed
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1 forces described in subsection (b) in the same manner as

2 a member who is killed or wounded in action as the result

3 of an act of an enemy of the United States.

4 ‘‘(b) A member described in this subsection is a mem5 ber who is killed or wounded in action by weapon fire while

6 directly engaged in armed conflict, other than as the result

7 of an act of an enemy of the United States, unless (in the

8 case of a wound) the wound is the result of willful mis9 conduct of the member.

10 ‘‘(c) This section applies to members of the armed

11 forces who are killed or wounded on or after December 7,

12 1941. In the case of a member killed or wounded as de13 scribed in subsection (b) on or after December 7, 1941, and

14 before the date of the enactment of this section, the Secretary

15 concerned shall award the Purple Heart under subsection

16 (a) in each case which is known to the Secretary before the

17 date of the enactment of this section or for which an appli18 cation is made to the Secretary in such manner as the Sec19 retary requires.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by adding at the

22 end the following new item:

‘‘1129. Purple Heart: members killed or wounded in action by friendly fire.’’.
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1 SEC. 546. POLICY CONCERNING HOMOSEXUALITY IN THE

2 ARMED FORCES.

3 (a) CODIFICATION.—(1) Chapter 37 of title 10, United

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

5 new section:

6 ‘‘§ 654. Policy concerning homosexuality in the armed

7 forces

8 ‘‘(a) FINDINGS.—Congress makes the following find9 ings:

10 ‘‘(1) Section 8 of article I of the Constitution of

11 the United States commits exclusively to the Congress

12 the powers to raise and support armies, provide and

13 maintain a Navy, and make rules for the government

14 and regulation of the land and naval forces.

15 ‘‘(2) There is no constitutional right to serve in

16 the armed forces.

17 ‘‘(3) Pursuant to the powers conferred by section

18 8 of article I of the Constitution of the United States,

19 it lies within the discretion of the Congress to estab20 lish qualifications for and conditions of service in the

21 armed forces.

22 ‘‘(4) The primary purpose of the armed forces is

23 to prepare for and to prevail in combat should the

24 need arise.

25 ‘‘(5) The conduct of military operations requires

26 members of the armed forces to make extraordinary
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1 sacrifices, including the ultimate sacrifice, in order to

2 provide for the common defense.

3 ‘‘(6) Success in combat requires military units

4 that are characterized by high morale, good order and

5 discipline, and unit cohesion.

6 ‘‘(7) One of the most critical elements in combat

7 capability is unit cohesion, that is, the bonds of trust

8 among individual service members that make the

9 combat effectiveness of a military unit greater than

10 the sum of the combat effectiveness of the individual

11 unit members.

12 ‘‘(8) Military life is fundamentally different

13 from civilian life in that—

14 ‘‘(A) the extraordinary responsibilities of

15 the armed forces, the unique conditions of mili16 tary service, and the critical role of unit cohe17 sion, require that the military community, while

18 subject to civilian control, exist as a specialized

19 society; and

20 ‘‘(B) the military society is characterized by

21 its own laws, rules, customs, and traditions, in22 cluding numerous restrictions on personal behav23 ior, that would not be acceptable in civilian soci24 ety.
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1 ‘‘(9) The standards of conduct for members of the

2 armed forces regulate a member’s life for 24 hours

3 each day beginning at the moment the member enters

4 military status and not ending until that person is

5 discharged or otherwise separated from the armed

6 forces.

7 ‘‘(10) Those standards of conduct, including the

8 Uniform Code of Military Justice, apply to a member

9 of the armed forces at all times that the member has

10 a military status, whether the member is on base or

11 off base, and whether the member is on duty or off

12 duty.

13 ‘‘(11) The pervasive application of the standards

14 of conduct is necessary because members of the armed

15 forces must be ready at all times for worldwide de16 ployment to a combat environment.

17 ‘‘(12) The worldwide deployment of United

18 States military forces, the international responsibil19 ities of the United States, and the potential for in20 volvement of the armed forces in actual combat rou21 tinely make it necessary for members of the armed

22 forces involuntarily to accept living conditions and

23 working conditions that are often spartan, primitive,

24 and characterized by forced intimacy with little or no

25 privacy.
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1 ‘‘(13) The prohibition against homosexual con2 duct is a longstanding element of military law that

3 continues to be necessary in the unique circumstances

4 of military service.

5 ‘‘(14) The armed forces must maintain personnel

6 policies that exclude persons whose presence in the

7 armed forces would create an unacceptable risk to the

8 armed forces’ high standards of morale, good order

9 and discipline, and unit cohesion that are the essence

10 of military capability.

11 ‘‘(15) The presence in the armed forces of persons

12 who demonstrate a propensity or intent to engage in

13 homosexual acts would create an unacceptable risk to

14 the high standards of morale, good order and dis15 cipline, and unit cohesion that are the essence of mili16 tary capability.

17 ‘‘(b) POLICY.—A member of the armed forces shall be

18 separated from the armed forces under regulations pre19 scribed by the Secretary of Defense if one or more of the

20 following findings is made and approved in accordance

21 with procedures set forth in such regulations:

22 ‘‘(1) That the member has engaged in, attempted

23 to engage in, or solicited another to engage in a ho24 mosexual act or acts unless there are further findings,

25 made and approved in accordance with procedures set
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1 forth in such regulations, that the member has dem2 onstrated that—

3 ‘‘(A) such conduct is a departure from the

4 member’s usual and customary behavior;

5 ‘‘(B) such conduct, under all the cir6 cumstances, is unlikely to recur;

7 ‘‘(C) such conduct was not accomplished by

8 use of force, coercion, or intimidation;

9 ‘‘(D) under the particular circumstances of

10 the case, the member’s continued presence in the

11 armed forces is consistent with the interests of

12 the armed forces in proper discipline, good order,

13 and morale; and

14 ‘‘(E) the member does not have a propensity

15 or intent to engage in homosexual acts.

16 ‘‘(2) That the member has stated that he or she

17 is a homosexual or bisexual, or words to that effect,

18 unless there is a further finding, made and approved

19 in accordance with procedures set forth in the regula20 tions, that the member has demonstrated that he or

21 she is not a person who engages in, attempts to en22 gage in, has a propensity to engage in, or intends to

23 engage in homosexual acts.
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1 ‘‘(3) That the member has married or attempted

2 to marry a person known to be of the same biological

3 sex.

4 ‘‘(c) ENTRY STANDARDS AND DOCUMENTS.—(1) The

5 Secretary of Defense shall ensure that the standards for en6 listment and appointment of members of the armed forces

7 reflect the policies set forth in subsection (b).

8 ‘‘(2) The documents used to effectuate the enlistment

9 or appointment of a person as a member of the armed forces

10 shall set forth the provisions of subsection (b).

11 ‘‘(d) REQUIRED BRIEFINGS.—The briefings that mem12 bers of the armed forces receive upon entry into the armed

13 forces and periodically thereafter under section 937 of this

14 title (article 137 of the Uniform Code of Military Justice)

15 shall include a detailed explanation of the applicable laws

16 and regulations governing sexual conduct by members of the

17 armed forces, including the policies prescribed under sub18 section (b).

19 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in subsection

20 (b) shall be construed to require that a member of the armed

21 forces be processed for separation from the armed forces

22 when a determination is made in accordance with regula23 tions prescribed by the Secretary of Defense that—
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1 ‘‘(1) the member engaged in conduct or made

2 statements for the purpose of avoiding or terminating

3 military service; and

4 ‘‘(2) separation of the member would not be in

5 the best interest of the armed forces.

6 ‘‘(f) DEFINITIONS.—In this section:

7 ‘‘(1) The term ‘homosexual’ means a person, re8 gardless of sex, who engages in, attempts to engage in,

9 has a propensity to engage in, or intends to engage

10 in homosexual acts, and includes the terms ‘gay’ and

11 ‘lesbian’.

12 ‘‘(2) The term ‘bisexual’ means a person who en13 gages in, attempts to engage in, has a propensity to

14 engage in, or intends to engage in homosexual and

15 heterosexual acts.

16 ‘‘(3) The term ‘homosexual act’ means—

17 ‘‘(A) any bodily contact, actively under18 taken or passively permitted, between members of

19 the same sex for the purpose of satisfying sexual

20 desires; and

21 ‘‘(B) any bodily contact which a reasonable

22 person would understand to demonstrate a pro23 pensity or intent to engage in an act described

24 in subparagraph (A).’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following:

‘‘654. Policy concerning homosexuality in the armed forces.’’.

3 (b) REGULATIONS.—Not later than 90 days after the

4 date of enactment of this Act, the Secretary of Defense shall

5 revise Department of Defense regulations, and issue such

6 new regulations as may be necessary, to implement section

7 654 of title 10, United States Code, as added by subsection

8 (a).

9 (c) SAVINGS PROVISION.—Nothing in this section or

10 section 654 of title 10, United States Code, as added by

11 subsection (a) may be construed to invalidate any inquiry,

12 investigation, administrative action or proceeding, court13 martial, or judicial proceeding conducted before the effective

14 date of regulations issued by the Secretary of Defense to

15 implement such section 654.

16 (d) SENSE OF CONGRESS.—It is the sense of Congress

17 that—

18 (1) the suspension of questioning concerning ho19 mosexuality as part of the processing of individuals

20 for accession into the Armed Forces under the interim

21 policy of January 29, 1993, should be continued, but

22 the Secretary of Defense may reinstate that question23 ing with such questions or such revised questions as

24 he considers appropriate if the Secretary determines

25 that it is necessary to do so in order to effectuate the
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1 policy set forth in section 654 of title 10, United

2 States Code, as added by subsection (a); and

3 (2) the Secretary of Defense should consider issu4 ing guidance governing the circumstances under

5 which members of the Armed Forces questioned about

6 homosexuality for administrative purposes should be

7 afforded warnings similar to the warnings under sec8 tion 831(b) of title 10, United States Code (article

9 31(b) of the Uniform Code of Military Justice).

10 SEC. 547. EMPLOYMENT OF RETIRED MEMBERS BY FOREIGN

11 GOVERNMENTS.

12 (a) FINDINGS.—The Congress makes the following

13 findings:

14 (1) It is in the national security interest of the

15 United States to promote democracy throughout the

16 world.

17 (2) The armed forces of newly democratic na18 tions often lack the democratic traditions that are a

19 hallmark of the Armed Forces of the United States.

20 (3) The understanding of military roles and mis21 sions in a democracy is essential for the development

22 and preservation of democratic forms of government.

23 (4) The service of retired members of the Armed

24 Forces of the United States in the armed forces of

25 newly democratic nations could lead to a better un-
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1 derstanding of military roles and missions in a de2 mocracy.

3 (b) CONGRESSIONAL CONSENT.—(1) Chapter 53 of

4 title 10, United States Code, is amended by adding at the

5 end the following new section:

6 ‘‘§ 1058. Military service of retired personnel with

7 newly democratic nations

8 ‘‘(a) CONGRESSIONAL CONSENT.—(1) Subject to sub9 section (b), Congress consents to a retired member of the

10 uniformed services referred to in subsection (b)—

11 ‘‘(A) accepting employment by, or holding an of12 fice or position in, the armed forces of a newly demo13 cratic nation; and

14 ‘‘(B) accepting compensation associated with

15 such employment, office, or position.

16 ‘‘(b) DETERMINATIONS AND APPROVAL REQUIRED.—

17 (1) The Secretary concerned and the Secretary of State shall

18 jointly determine whether a nation is a newly democratic

19 nation for the purposes of this section.

20 ‘‘(2) The consent provided in subsection (a) for a re21 tired member of the uniformed services to accept employ22 ment or hold an office or position shall apply to a retired

23 member of the armed forces only if the Secretary concerned

24 and the Secretary of State jointly approve the employment

25 or the holding of such office or position.
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1 ‘‘(c) CONTINUED ENTITLEMENT TO RETIRED PAY AND

2 BENEFITS.—The eligibility of a retired member of the uni3 formed services to receive retired or retainer pay and other

4 benefits arising from the retired member’s status as a re5 tired member of the uniformed services, and the eligibility

6 of dependents of such retired member to receive benefits on

7 the basis of such retired member’s status as a retired mem8 ber of the uniformed services, may not be terminated by

9 reason of employment or holding of an office or position

10 consented to in subsection (a).

11 ‘‘(d) RETIRED MEMBER DEFINED.—In this section,

12 the term ‘retired member of the uniformed services’ means

13 a member or former member of the uniformed services who

14 is entitled to receive retired or retainer pay.’’.

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

16 53 of such title is amended by adding at the end the follow17 ing:

‘‘1058. Military service of retired personnel with newly democratic governments.’’.

18 (c) EFFECTIVE DATE.—Section 1058 of title 10, Unit19 ed States Code, as added by subsection (a), shall take effect

20 as of January 1, 1993.
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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 the

8 uniformed services to become effective during fiscal year

9 1994 shall not be made.

10 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effec11 tive on January 1, 1994, the rates of basic pay, basic allow12 ance for subsistence, and basic allowance for quarters of

13 members of the uniformed services are increased by 2.2 per14 cent.

15 Subtitle B—Bonuses, Special Pay,

16 and Incentive Pay

17 SEC. 611. MODIFICATION OF AUTHORITY RELATING TO PAY18 MENT OF CERTAIN SELECTED RESERVE BO19 NUSES.

20 (a) BONUS FOR ENLISTMENT.—Section 308c(b) of title

21 37, United States Code, is amended—

22 (1) in paragraph (1), by striking out ‘‘one-half

23 of the bonus shall be paid’’ and inserting in lieu

24 thereof ‘‘an amount in excess of one-half of the bonus

25 may be paid’’; and
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1 (2) in paragraph (2), by inserting ‘‘, if any,’’

2 after ‘‘remainder’’.

3 (b) BONUS FOR ENTRY INTO AFFILIATION AGREE4 MENT.—Section 308e(c)(2) of title 37, United States Code,

5 is amended—

6 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

7 (2) by designating the second sentence as sub8 paragraph (B);

9 (3) in subparagraph (B), as so designated, by

10 striking out ‘‘fifth anniversary’’ and inserting in lieu

11 thereof ‘‘sixth anniversary’’; and

12 (4) by adding at the end the following:

13 ‘‘(C) The Secretary concerned may pay in monthly in14 stallments a bonus authorized to be paid in a lump sum

15 under this section. The Secretary concerned may determine

16 the amount of the monthly installments. The Secretary con17 cerned may pay a monthly installment authorized under

18 this subparagraph for a month only if the person’s service

19 in the Selected Reserve for that month was satisfactory (as

20 determined by such Secretary under regulations prescribed

21 by the Secretary of Defense). The entitlement of a person

22 to a portion of a bonus under this section that is not paid

23 for a month by reason of the preceding sentence shall

24 lapse.’’.
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1 SEC. 612. EXTENSION OF AUTHORITY RELATING TO PAY2 MENT OF CERTAIN BONUSES, PAYMENT OF

3 OTHER SPECIAL PAY, AND REPAYMENT OF

4 CERTAIN EDUCATION LOANS.

5 (a) NURSE OFFICER CANDIDATE ACCESSION PRO6 GRAM.—Section 2130a(a)(1) of title 10 United States Code,

7 is amended by striking out ‘‘September 30, 1993,’’ and in8 serting in lieu thereof ‘‘September 30, 1995,’’.

9 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

10 Section 302d(a)(1) of title 37, United States Code, is

11 amended by striking out ‘‘September 30, 1993,’’ and insert12 ing in lieu thereof ‘‘September 30, 1995,’’.

13 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES14 THETISTS.—Section 302e(a)(1) of title 37, United States

15 Code, is amended by striking out ‘‘September 30, 1993,’’

16 and inserting in lieu thereof ‘‘September 30, 1995,’’.

17 (d) AVIATION OFFICER RETENTION BONUS.—Section

18 301b(a) of title 37, United States Code, is amended by strik19 ing out ‘‘September 30, 1993’’ and inserting in lieu thereof

20 ‘‘September 30, 1995’’.

21 (e) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

22 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR23 ITY UNITS.—Section 308d(c) of title 37, United States

24 Code, is amended by striking out ‘‘September 30, 1993’’ and

25 inserting in lieu thereof ‘‘September 30, 1995’’.
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1 (f) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

2 Section 308(g) of title 37, United States Code, is amended

3 by striking out ‘‘September 30, 1993’’ and inserting in lieu

4 thereof ‘‘September 30, 1995’’.

5 (g) ENLISTMENT BONUS FOR CRITICAL SKILLS.—Sec6 tion 308a(c) of title 37, United States Code, is amended

7 by striking out ‘‘September 30, 1993’’ and inserting in lieu

8 thereof ‘‘September 30, 1995’’.

9 (h) RESERVE ENLISTMENT AND REENLISTMENT

10 BONUS AUTHORITIES FOR RESERVE FORCES.—Sections

11 308b(f), 308c(e), 308e(e), 308h(g) and 308i(i) of title 37,

12 United States Code, are amended by striking out ‘‘Septem13 ber 30, 1993’’ and inserting in lieu thereof ‘‘September 30,

14 1995’’.

15 (i) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

16 HEALTH SPECIALIST IN THE SELECTED RESERVE.—Sec17 tion 613(d) of the National Defense Authorization Act, Fis18 cal Year 1989 (37 U.S.C. 302 note) is amended by striking

19 out ‘‘September 30, 1993’’ and inserting in lieu thereof

20 ‘‘September 30, 1995’’.

21 (j) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

22 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

23 RESERVE.—Section 2172(d) of title 10, United States Code,

24 is amended by striking out ‘‘October 1, 1993’’ and inserting

25 in lieu thereof ‘‘October 1, 1995’’.
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1 (k) ARMY ENLISTMENT BONUS.—(1) Section 308f(c)

2 of title 37, United States Code, is amended by striking out

3 ‘‘September 30, 1992’’ and inserting in lieu thereof ‘‘Sep4 tember 30, 1995’’.

5 (2) The amendment made by paragraph (1) shall take

6 effect as of September 30, 1992.

7 Subtitle C—Travel and

8 Transportation Allowances

9 SEC. 621. REIMBURSEMENT OF TEMPORARY LODGING EX10 PENSES.

11 (a) PERIODS COVERED.—Subsection (a) of section

12 404a of title 37, United States Code, is amended—

13 (1) in the second sentence, by striking out ‘‘four

14 days’’ and inserting in lieu thereof ‘‘10 days’’; and

15 (2) in the third sentence, by striking out ‘‘two

16 days’’ and inserting in lieu thereof ‘‘five days’’.

17 (b) REPEAL OF SUPERSEDED AUTHORITY.—Sub18 section (d) of such section is repealed.

19 SEC. 622. TREATMENT OF ADVANCE PAY PAID TO MEMBERS

20 EVACUATED FROM HOMESTEAD AIR FORCE

21 BASE.

22 Notwithstanding any other provision of law, the ad23 vance payments of pay for permanent change of station that

24 were received by members of the uniformed services evacu25 ated in August, 1992, from Homestead Air Force Base,
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1 Florida, because of Hurricane Andrew, shall be treated as

2 having been paid as evacuation advance pay under the au3 thority of section 1006(c) of title 37, United States Code.

4 Subtitle D—Matters Related to Re5 tired Pay and Separation Bene6 fits

7 SEC. 631. SPECIAL PAY FOR CERTAIN DISABLED MEMBERS.

8 (a) SPECIAL PAY FOR CERTAIN DISABLED MEM9 BERS.—A person who has a service-connected disability

10 rated as total may be paid a special pay under this section

11 if the person is entitled to emergency officers’, regular, or

12 reserve retirement pay based solely on—

13 (1) the person’s age;

14 (2) the length of the person’s service in the uni15 formed services; or

16 (3) both the person’s age and the length of such

17 service.

18 (b) AMOUNT OF SPECIAL PAY.—The amount of special

19 pay that may be paid a person under subsection (a) for

20 any month may not exceed the monthly amount of the com21 pensation that is paid such person under laws administered

22 by the Secretary of Veterans Affairs.

23 (c) FUNDING.—The cost of the special pay authorized

24 to be paid under this section shall be paid out of funds

25 available to the Department of Defense for travel of person-
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1 nel of the Department of Defense in positions within the

2 Office of the Secretary of Defense, the Office of the Secretary

3 of the Army, the Office of the Secretary of the Navy, and

4 the Office of the Secretary of the Air Force.

5 (d) DEFINITIONS.—In this section, the terms ‘‘com6 pensation’’ and ‘‘service-connected’’ have the meanings

7 given such terms in section 101 of title 38, United States

8 Code.

9 (e) EFFECTIVE DATE.—(1) Except as provided in

10 paragraph (2), this section shall take effect on January 1,

11 1994.

12 (2) This section shall not take effect if, before January

13 1, 1994, the Secretary of Defense submits to the Committees

14 on Armed Services of the Senate and House of Representa15 tives the report required by section 641 of the National De16 fense Authorization Act for Fiscal Year 1993 (Public Law

17 102–484; 106 Stat. 2424).

18 (f) APPLICABILITY.—(1) Except as provided in para19 graph (2), this section shall apply to months that begin on

20 or after the effective date of this section.

21 (2) This section shall not be effective for months that

22 begin after September 30, 1994.
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1 SEC. 632. STANDARDIZATION OF MINIMUM SERVICE RE2 QUIREMENT FOR ELIGIBILITY FOR CERTAIN

3 SEPARATION BENEFITS.

4 Section 1174(a)(1) of title 10, United States Code, is

5 amended by striking out ‘‘five’’ and inserting in lieu thereof

6 ‘‘six’’.

7 SEC. 633. EXPANSION OF ELIGIBILITY FOR CERTAIN SEPA8 RATION BENEFITS.

9 (a) SPECIAL SEPARATION BENEFITS PROGRAMS.—

10 Section 1174a(c)(2) of title 10, United States Code, is

11 amended by striking out ‘‘before December 5, 1991’’.

12 (b) VOLUNTARY SEPARATION INCENTIVE PROGRAM.—

13 Section 1175(d)(1) of title 10, United States Code, is

14 amended by striking out ‘‘before December 5, 1991’’.

15 SEC. 634. APPLICABILITY TO COAST GUARD RESERVE OF

16 CERTAIN RESERVE COMPONENTS TRANSI17 TION INITIATIVES.

18 (a) IN GENERAL.—Subtitle B of title XLIV of the Na19 tional Defense Authorization Act for Fiscal Year 1993 (Pub20 lic Law 102–484; 106 Stat. 2712) shall apply to members

21 of the Coast Guard Reserve in the same manner and to the

22 same extent as that subtitle applies to the reserve compo23 nents of the Department of Defense. The Secretary of Trans24 portation shall implement the provisions of that subtitle

25 with respect to the Coast Guard Reserve.
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1 (b) FUNDING.—Funds made available to the Depart2 ment of Transportation shall be used to carry out the provi3 sions of subtitle B of title XLIV of such Act with respect

4 to the Coast Guard Reserve.

5 (c) PERIOD OF APPLICABILITY.—The provisions of

6 subtitle B of title XLIV of such Act shall apply to members

7 of the Coast Guard Reserve during the period beginning Oc8 tober 1, 1993, and ending on September 30, 1996.

9 (d) PROSPECTIVE ELIGIBILITY.—No member of the

10 Coast Guard Reserve shall be eligible for any benefits pro11 vided under the provisions of subtitle B of title XLIV of

12 such Act before the date of the enactment of this Act.

13 (e) SCOPE OF REFERENCE.—In this section, a ref14 erence to subtitle B of title XLIV of the National Defense

15 Authorization Act for Fiscal Year 1993 includes the amend16 ments made by sections 4417, 4419, and 4422 of such Act.

17 Subtitle E—Benefits for Former

18 POWs and Other Members Held

19 Captive

20 SEC. 641. PERMANENT AUTHORITY FOR CLAIMS BY FORMER

21 PRISONERS OF WAR BASED ON VIOLATIONS

22 OF GENEVA CONVENTIONS.

23 Section 6 of the War Claims Act of 1948 (50 U.S.C.

24 App. 2005) is amended—
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1 (1) by redesignating subsection (g) as subsection

2 (h); and

3 (2) by inserting after subsection (f) the following

4 new subsection (g):

5 ‘‘(g)(1) As used in the subsection, the term ‘prisoner

6 of war’ means any person appointed, enrolled, enlisted, or

7 inducted under competent authority as a member of the

8 Armed Forces of the United States who was held in cap9 tivity as a prisoner of war during any period declared by

10 the President or Congress to have been a period in which

11 the Armed Forces were involved in conflict with a force hos12 tile to the United States, except that such term does not

13 include any member who, at any time, voluntarily, know14 ingly, and without duress gave aid to, collaborated with,

15 or in any manner served such hostile force.

16 ‘‘(2)(A) The Commission may receive any claim re17 ferred to in subparagraph (B), determine the amount and

18 validity of such claim according to law, and provide for

19 payment of compensation for such claim.

20 ‘‘(B) A claim referred to in this subparagraph is any

21 claim filed by a prisoner of war for compensation for the

22 failure of a force hostile to the United States, or its agents,

23 while holding such person as a prisoner of war, to furnish

24 the prisoner of war with the quantity or quality of food
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1 prescribed for prisoners of war under the terms of the Gene2 va Convention of August 12, 1949.

3 ‘‘(C) A claimant shall bear the burden of proving the

4 allegations contained in the claim.

5 ‘‘(D) Compensation shall be provided to any prisoner

6 of war under this paragraph at the rate (as determined by

7 the Commission) of one-half the average of the subsistence

8 portion of the per diem rates paid worldwide by the Govern9 ment to members of the Armed Forces for each day that

10 the person was held as a prisoner of war and received food

11 that, in quantity or quality, did not meet the requirements

12 prescribed under the terms of the Geneva Convention.

13 ‘‘(3)(A) The Commission may receive, determine ac14 cording to law the amount and validity of, and provide for

15 the payment of any claim filed by any prisoner of war for

16 compensation—

17 ‘‘(i) for the failure of a force hostile to the United

18 States, or its agents, while holding such person as a

19 prisoner of war, to meet the conditions and require20 ments prescribed under part III, section III, of the

21 Geneva Convention of August 12, 1949, relating to

22 labor of prisoners of war; or

23 ‘‘(ii) for inhumane treatment of the prisoner of

24 war by the hostile force by which the prisoner of war

25 was held, or its agents.
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1 ‘‘(B) For purposes of subparagraph (A)(ii), the term

2 ‘inhumane treatment’ includes the failure of a force hostile

3 to the United States, or its agents, to meet the conditions

4 and requirements of one or more of the provisions of article

5 3, 12, 13, 14, 17, 19, 22, 23, 24, 25, 27, 29, 43, 44, 45,

6 46, 47, 48, 84, 85, 86, 87, 88, 89, 90, 97, or 98 of the Geneva

7 Convention of August 12, 1949.

8 ‘‘(C) Compensation shall be allowed to any prisoner

9 of war under this paragraph at a rate not to exceed an

10 amount equal to—

11 ‘‘(i) one-half of the average of the per diem rates

12 paid worldwide by the Federal Government to mem13 bers of the Armed Forces, minus

14 ‘‘(ii) one-half of the average of the subsistence

15 portion of the per diem rates paid worldwide by the

16 Federal Government to members of the Armed Forces,

17 for each day the person was held as a prisoner of war and

18 with respect to which the person proves (in a manner ac19 ceptable to the Commission) the failure by a hostile force,

20 or its agents to meet the conditions and requirements re21 ferred to in clause (i) of subparagraph (A) or proves (in

22 a manner acceptable to the Commission) the inhumane

23 treatment referred to in clause (ii) of such subparagraph

24 (A).
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1 ‘‘(4) Any claim allowed by the Commission under this

2 subsection shall be certified to the Secretary of the Treasury

3 for payment out of funds appropriated pursuant to para4 graph (10). Such claim shall be paid by the Secretary of

5 the Treasury to the person entitled thereto, or, in the case

6 of the death of such person, to the persons, and in the order

7 of priority, established under subsection (d)(4).

8 ‘‘(5) Each claim filed under this subsection shall be

9 filed not later than 3 years after the later of—

10 ‘‘(A) the date on which the prisoner of war filing

11 the claim returns to the jurisdiction of the Armed

12 Forces of the United States; or

13 ‘‘(B) in the case of any prisoner of war who has

14 not returned to the jurisdiction of the Armed Forces

15 of the United States, the date on which the Secretary

16 of Defense makes a determination that the prisoner of

17 war has died or is presumed to be dead.

18 ‘‘(6)(A) The Commission shall make a determination

19 with respect to the validity of each claim filed under this

20 subsection at the earliest practicable date, but not later than

21 one year after the date on which the claim is filed.

22 ‘‘(B) The Commission shall notify the person submit23 ting a claim under this subsection of the determination of

24 the Commission with respect to the validity of the claim.
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1 Such notification shall be sent by certified or register mail,

2 return receipt requested.

3 ‘‘(C) The failure of the Commission to make a deter4 mination of the validity of a claim within the one year

5 period referred to in subparagraph (A), such be treated as

6 a final denial of the claim by the Commission on that date.

7 ‘‘(7)(A) A claimant whose claim under this section was

8 denied by the Commission (including a claimant whose

9 claim is treated as denied under paragraph (6)(C)) may

10 file in the United States Court of Federal Claims a com11 plaint, motion, petition, or other appropriate pleading with

12 the United States Court of Federal Claims alleging that the

13 denial of such complaint was wrongful.

14 ‘‘(B) The claimant shall file such complaint, motion,

15 petition, or other pleading not later than 2 years after the

16 date of such final denial.

17 ‘‘(C) The Attorney General of the United States may

18 arbitrate or settle by compromise or other settlement any

19 claim cognizable under this subsection. Any such settlement

20 is not competent evidence of liability or damages.

21 ‘‘(D) The amount of a settlement, judgment, or award

22 in favor of a claimant under this paragraph may not exceed

23 the amount sought by the claimant in the claim before the

24 Commission on which an action under this paragraph is

25 based unless the claimant alleges and proves facts not avail-
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1 able or reasonably discoverable at the time of the determina2 tion of the validity of such claim by the Commission that

3 justify the award of an amount in excess of such amount.

4 ‘‘(E) Not more than 20 percent of the amount awarded

5 under this paragraph to a claimant may be paid by or on

6 behalf of the claimant to any attorney or agent for services

7 rendered in connection with a claim under this paragraph.

8 ‘‘(8) The acceptance by a person of compensation or

9 other award provided for or paid under this subsection shall

10 constitute a full and complete release of any claim of the

11 person against the United States by reason of any allega12 tion stated in the claim.

13 ‘‘(9) Any claim allowed under the provisions of this

14 subsection including claims allowed by the Court of Federal

15 Claims shall be paid from funds appropriated pursuant to

16 the authorization of appropriations in paragraph (10).

17 ‘‘(10) There are authorized to be appropriated such

18 amounts as may be necessary to carry out the purposes of

19 this subsection, including any amounts necessary for ad20 ministrative expenses of the Commission.’’.

21 SEC. 642. MEMBERS ELIGIBLE FOR BENEFITS WHEN HELD

22 CAPTIVE BY TERRORISTS.

23 (a) IN GENERAL.—Section 559(a)(1) of title 37, Unit24 ed States Code, is amended by striking out ‘‘if Congress pro25 vides to such a member, in an Act enacted after August
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1 27, 1986, monetary payment in respect of such period of

2 captivity’’.

3 (b) CLERICAL AMENDMENTS.—(1) The heading of sec4 tion 559 of such title is amended to read as follows:

5 ‘‘§ 559. Benefits: members held as captives; victims of

6 terrorist acts’’.

7 (2) The table of sections at the beginning of chapter

8 10 of such title is amended by striking out the item relating

9 to section 559 and inserting in lieu thereof the following:

‘‘559. Benefits: members held as captives; victims of terrorist acts.’’.

10 Subtitle F—Other Matters

11 SEC. 651. AUTHORITY TO LIMIT DIRECT PAYMENT OF PAY

12 AND ALLOWANCES TO CERTAIN MEMBERS

13 DURING WAR, HOSTILITIES, OR NATIONAL

14 EMERGENCY.

15 (a) IN GENERAL.—(1) Chapter 19 of title 37, United

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

17 ‘‘§ 1015. Pay and allowances: limit on direct payment

18 during period of war, hostilities, or na19 tional emergency

20 ‘‘(a) AUTHORITY TO LIMIT DIRECT PAYMENT.—The

21 Secretary concerned may limit the direct payment of pay

22 and allowances, or a portion thereof, to a member of the

23 uniformed services serving on active duty in an area des24 ignated by the Secretary of Defense for the purposes of this
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1 subsection during a war, hostilities, or a national emer2 gency declared by the President or Congress.

3 ‘‘(b) ALTERNATIVE PAYMENT AUTHORITY.—Any

4 amount of pay and allowances due a member described in

5 subsection (a) but not paid directly to such member by rea6 son of the exercise of the authority provided in such sub7 section may, as directed by the member pursuant to regula8 tions prescribed by the Secretary concerned—

9 ‘‘(1) be paid through allotments or assignments

10 made by the member; or

11 ‘‘(2) be credited to the account of the member

12 and paid to the member upon—

13 ‘‘(A) the end of the period referred to in

14 subsection (a); or

15 ‘‘(B) the departure of the member from an

16 area referred to in such subsection.

17 ‘‘(c) PROMPT PAYMENT REQUIREMENT.—The Sec18 retary concerned shall ensure prompt payment of any pay

19 and allowance due to be paid a member under subsection

20 (b)(2)(B).’’.

21 (2) The table of sections at the beginning of such chap22 ter is amended by adding at the end the following new item:

‘‘1015. Pay and allowances: limit on direct payment during period of war, hostilities, or national emergency.’’.

23 (b) CONFORMING AMENDMENT.—Section 1005 of such

24 title is amended by striking out ‘‘Members’’ and inserting
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1 in lieu thereof ‘‘Except as provided in section 1015 of this

2 title, members’’.

3 SEC. 652. LOSSES INCURRED AND GAINS REALIZED IN CON4 NECTION WITH HOUSING MEMBERS IN PRI5 VATE HOUSING ABROAD.

6 (a) PAYMENT OF LOSSES AND RECOUPMENT OF

7 GAINS.—Section 405(d) of title 37, United States Code, is

8 amended to read as follows:

9 ‘‘(d)(1) In the case of a member of the uniformed serv10 ices authorized to receive a per diem allowance under sub11 section (a), the Secretary concerned may, under such regu12 lations as such Secretary may prescribe, make a lump-sum

13 payment for nonrecurring expenses incurred by the member

14 in occupying private housing outside of the United States.

15 Nonrecurring expenses for which a member may be reim16 bursed under this paragraph include losses sustained by the

17 member on the refund of a rental deposit (or other deposit

18 made by the member to secure housing) as a result of fluc19 tuations in the relative value of the currencies of the United

20 States and the foreign country in which such housing is

21 located. Expenses for which payments are made under this

22 subsection may not be considered for purposes of determin23 ing the per diem allowance of the member under subsection

24 (a).
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1 ‘‘(2) The Secretary concerned may recoup the full

2 amount of a refunded deposit referred to in paragraph (1)

3 that was paid by the United States, including any gain

4 resulting from a fluctuation in currency values referred to

5 in that paragraph.’’.

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall take effect on October 1, 1993.

8 SEC. 653. POSTPONEMENT OF PERFORMANCE OF CERTAIN

9 TAX-RELATED ACTS FOR CERTAIN PERSONS

10 SERVING IN CONTINGENCY OPERATIONS.

11 Section 7508(f) of the Internal Revenue Code of 1986

12 is amended to read as follows:

13 ‘‘(f) TREATMENT OF INDIVIDUALS PERFORMING CON14 TINGENCY OPERATION SERVICE.—

15 ‘‘(1) IN GENERAL.—Any individual who per16 forms contingency operation service (and the spouse of

17 such individual) shall be entitled to the benefits of

18 this section in the same manner as if such service

19 were service referred to in subsection (a).

20 ‘‘(2) CONTINGENCY OPERATION SERVICE.—For

21 the purposes of this subsection, the term ‘contingency

22 operation service’ means any service in the Armed

23 Forces or in support of the Armed Forces if—

24 ‘‘(A) such service is performed in an area

25 designated by the Secretary of Defense pursuant
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1 to regulations prescribed by the Secretary under

2 this paragraph as a contingency operation area;

3 and

4 ‘‘(B) such services are performed during a

5 contingency operation (as such term is defined

6 in section 101(a)(13) of title 10, United States

7 Code.’’.

8 SEC. 654. BENEFITS FOR DEPENDENTS OF MEMBERS OF

9 THE ARMED FORCES PENDING LOSS OF

10 RIGHT TO RETIRED PAY AS A RESULT OF A

11 COURT-MARTIAL.

12 (a) PAYMENT REQUIRED.—Subsection (h) of section

13 1408 of title 10, United States Code, is amended—

14 (1) by redesignating paragraph (10) as para15 graph (11); and

16 (2) by inserting after paragraph (9) the follow17 ing new paragraph (10):

18 ‘‘(10)(A) For purposes of this subsection, in the case

19 of a member of the armed forces who has been sentenced

20 by a court-martial to receive a punishment that will termi21 nate the eligibility of that member to receive retired pay

22 if executed, the eligibility of that member to receive retired

23 pay shall be considered terminated effective upon the ap24 proval of that sentence by the court-martial convening au25 thority.
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1 ‘‘(B) If each form of the punishment that would result

2 in the termination of eligibility to receive retired pay is

3 later remitted, set aside, or mitigated to a punishment that

4 does not result in the termination of that eligibility, a pay5 ment of benefits to the eligible recipient under this sub6 section that is based on the punishment so vacated, set

7 aside, or mitigated shall cease. The cessation of payments

8 shall be effective as of the first day of the first month follow9 ing the month in which the Secretary of the military de10 partment concerned notifies the recipient of such benefits

11 in writing that payment of the benefits will cease. The re12 cipient may not be required to repay the benefits received

13 before that effective date (except to the extent necessary to

14 recoup any amount that was erroneous when paid).’’.

15 (b) ADMINISTRATION FOR THE COAST GUARD.—Sub16 section (h) of such section is amended—

17 (1) in paragraph (2)(A), by inserting after ‘‘Sec18 retary of Defense’’ the following: ‘‘or, for the Coast

19 Guard when it is not operating as a service in the

20 Navy, by the Secretary of Transportation’’; and

21 (2) in paragraph (8), by inserting before the pe22 riod at the end the following: ‘‘or, in the case of the

23 Coast Guard, out of funds appropriated to the De24 partment of Transportation for payment of retired

25 pay for the Coast Guard’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect as of October 23, 1992, and shall

3 apply as if the provisions of the paragraph (10) of section

4 1408(h) of title 10, United States Code, added by such sub5 section were included in the amendment made by section

6 653(a)(2) of Public Law 102–484 (106 Stat. 2426).

7 SEC. 655. SENSE OF SENATE RELATING TO EXCESS LEAVE

8 AND PERMISSIVE TEMPORARY DUTY FOR

9 CERTAIN MEMBERS OF THE ARMED FORCES.

10 (a) SENSE OF SENATE.—(1) It is the sense of the Sen11 ate that the Secretary of Defense ensure that a member

12 whose home of record is outside the continental United

13 States and who is stationed inside the continental United

14 States at the time of the separation of the member be eligible

15 to receive the same amount of excess leave or permissive

16 temporary duty under section 1149 of title 10, United

17 States Code, as a member who is stationed overseas.

18 (2) In this subsection, the term ‘‘continental United

19 States’’ means the 48 contiguous States and the District

20 of Columbia.

21 (b) REPORT ON AREAS OF INEQUITABLE TREAT22 MENT.—Not later than 180 days after the date of the enact23 ment of this Act, the Secretary of Defense submit a report

24 to Congress—
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1 (1) describing all provisions of law concerning

2 pay and allowances for members of the Armed Forces

3 in which members whose homes of record are outside

4 the continental United States receive different treat5 ment than members whose homes of record are in the

6 continental United States; and

7 (2) containing recommendations to equalize such

8 treatment.

9 TITLE VII—HEALTH CARE

10 PROVISIONS

11 SEC. 701. EXTENSION AND REVISION OF SPECIALIZED

12 TREATMENT FACILITY PROGRAM AUTHORITY.

13 (a) AUTHORITY.—(1) Section 1105 of title 10, United

14 States Code, is amended to read as follows:

15 ‘‘§ 1105. Specialized treatment facility program

16 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of De17 fense, in consultation with the other administering Sec18 retaries, may conduct a specialized treatment facility pro19 gram.

20 ‘‘(b) FACILITIES AUTHORIZED TO BE USED.—Under

21 the program, the Secretary may designate health care facili22 ties of the uniformed services and civilian health care facili23 ties as specialized treatment facilities.

24 ‘‘(c) WAIVER OF NONEMERGENCY HEALTH CARE RE25 STRICTION.—Under the program, the Secretary of Defense
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1 may waive, with regard to the provision of a particular

2 service, the 40-mile radius restriction set forth in section

3 1079(a)(7) of this title if the Secretary determines that the

4 use of a different geographical area restriction will result

5 in a more cost-effective provision of the service.

6 ‘‘(d) CIVILIAN FACILITY SERVICE AREA.—For pur7 poses of the program, the service area of a civilian health

8 care facility designated pursuant to subsection (b) shall be

9 comparable in size to the service areas of facilities of the

10 uniformed services.

11 ‘‘(e) ISSUANCE OF NONAVAILABILITY OF HEALTH

12 CARE STATEMENTS.—Under the program, a commanding

13 officer of a facility of the uniformed services, in determining

14 whether to issue a nonavailability of health care statement

15 for a person entitled to health care in facilities of the uni16 formed services under this chapter, may consider the avail17 ability of health care services for such person pursuant to

18 any contract or agreement entered into under this chapter

19 for the provision of health care services.

20 ‘‘(f) PAYMENT OF COSTS RELATED TO CARE IN SPE21 CIALIZED TREATMENT FACILITIES.—(1) Subject to para22 graph (2), the Secretary of Defense, in connection with the

23 treatment of a covered beneficiary under the program, may

24 provide the following benefits:
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1 ‘‘(A) Full or partial reimbursement of a member

2 of the uniformed services for the reasonable expenses

3 incurred by the member in transporting a covered

4 beneficiary to or from a health care facility of the

5 uniformed services or a civilian health care facility at

6 which specialized health care services are provided

7 pursuant to this chapter.

8 ‘‘(B) Full or partial reimbursement of a person

9 (including a member of the uniformed services) for the

10 reasonable expenses of transportation, temporary

11 lodging, and meals (not to exceed a per diem rate de12 termined in accordance with implementing regula13 tions) incurred by such person in accompanying a

14 covered beneficiary as a nonmedical attendant to a

15 health care facility referred to in subparagraph (A).

16 ‘‘(C) In-kind transportation, lodging, or meals

17 instead of reimbursements under subparagraph (A) or

18 (B) for transportation, lodging, or meals, respectively.

19 ‘‘(2) The Secretary may make reimbursements or pro20 vide transportation, lodging, and meals under paragraph

21 (1) in the case of a covered beneficiary only if the total

22 cost to the Department of Defense of doing so and of provid23 ing the health care in such case is less than the cost to the

24 Department of providing the health care to the covered bene25 ficiary by other means authorized under this chapter.
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1 ‘‘(3) In this subsection, the term ‘covered beneficiary’

2 means a person entitled to health care under this chapter.

3 ‘‘(g) REGULATIONS.—The Secretary of Defense, after

4 consulting with the other administering Secretaries, shall

5 prescribe regulations to carry out the specialized treatment

6 facility program authorized in this section.

7 ‘‘(h) EXPIRATION OF PROGRAM.—The authority under

8 this section shall expire at the end of September 30, 1995.’’.

9 (2) The table of sections at the beginning of chapter

10 55 of such title is amended by striking out the item relating

11 to section 1105 and inserting in lieu thereof the following:

‘‘1105. Specialized treatment facility program.’’.

12 (b) CONFORMING AMENDMENT.—Section 1079(a)(7) of

13 title 10, United States Code, is amended by striking out

14 ‘‘except that—’’ and all that follows and inserting in lieu

15 thereof the following: ‘‘except that those services may be pro16 vided in any case in which another insurance plan or pro17 gram provides primary coverage for those services;’’.

18 SEC. 702. CODIFICATION OF CHAMPUS PEER REVIEW ORGA19 NIZATION PROGRAM PROCEDURES.

20 Section 1079 of title 10, United States Code, is amend21 ed by adding at the end the following:

22 ‘‘(o)(1) The Secretary of Defense may not provide a

23 health care service under the Civilian Health and Medical

24 Program of the Uniformed Services (CHAMPUS) if such

25 service is determined not medically or psychologically nec-
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1 essary by a peer review board acting under the CHAMPUS

2 Peer Review Organization program.

3 ‘‘(2) The Secretary of Defense may, after consulting

4 with the other administering Secretaries, adopt or adapt

5 for use under the CHAMPUS Peer Review Organization

6 program, as the Secretary considers appropriate, any of the

7 quality and utilization review requirements and procedures

8 that are utilized by the Peer Review Organization program

9 under part B of title XI of the Social Security Act (42

10 U.S.C. 1320c et seq.).’’.

11 SEC. 703. FLEXIBLE DEADLINE FOR COMMENCEMENT OF

12 CHAMPUS REFORM INITIATIVE IN HAWAII

13 AND CALIFORNIA.

14 Section 713(b)(1) of the National Defense Authoriza15 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

16 Stat. 2435; 10 U.S.C. 1073 note) is amended by inserting

17 ‘‘, or as soon thereafter as is practicable’’ after ‘‘August 1,

18 1993’’.

19 SEC. 704. DELAY OF TERMINATION OF STATUS OF CERTAIN

20 FACILITIES AS UNIFORMED SERVICES TREAT21 MENT FACILITIES.

22 Section 1252(e) of the Department of Defense Author23 ization Act, 1984 (42 U.S.C. 248d(e)) is amended by strik24 ing out ‘‘December 31, 1993’’ in the first sentence and in25 serting in lieu thereof ‘‘December 31, 1998’’.
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1 SEC. 705. EXCLUSION OF EXPERIENCED MILITARY PHYSI2 CIANS FROM MEDICARE DEFINITION OF NEW

3 PHYSICIAN.

4 (a) CHARGES IN RURAL AREAS; EFFECT OF UNI5 FORMED SERVICE EXPERIENCE.—Section 1842(b)(4)(F)(i)

6 of the Social Security Act (42 U.S.C. 1395u(b)(4)(F)(i)) is

7 amended by adding at the end the following new sentence:

8 ‘‘The preceding sentence shall not apply to any health care

9 practitioner who before the practitioner’s first year of prac10 tice has served at least four years as a health care practi11 tioner in one of the uniformed services.’’.

12 (b) CHARGES BY NEW PHYSICIANS; EFFECT OF UNI13 FORMED SERVICE EXPERIENCE.—Section 1848(a)(4) of the

14 Social Security Act (42 U.S.C. 1395w–4(a)(4)) is amended

15 by inserting ‘‘, or to any physician who before the practi16 tioner’s first year of practice has served at least four years

17 as a physician in one of the uniformed services’’ before the

18 period at the end of the second sentence.

19 SEC. 706. ENROLLMENT IN THE DEPENDENTS’ DENTAL PRO20 GRAM BY CERTAIN MEMBERS RETURNING

21 FROM OVERSEAS ASSIGNMENTS.

22 (a) IN GENERAL.—The Secretary of Defense shall re23 vise the regulations applicable to the dependents’ dental

24 program established under section 1076a of title 10, United

25 States Code, and the provisions of dental benefits plans es26 tablished under that program, to the extent necessary to per-
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1 mit members of the uniformed services described in sub2 section (b) to enroll in a dental benefits plan under such

3 program without regard to the length of the uncompleted

4 portion of the member’s period of obligated service.

5 (b) COVERED MEMBERS.—Subsection (a) applies with

6 respect to a member of the uniformed services referred to

7 in the first sentence of section 1076a(a)(1) of title 10, Unit8 ed States Code, who is reassigned from a permanent duty

9 station where a dental benefits plan referred to in subsection

10 (a) is not available to a permanent duty station where such

11 a plan is available.

12 SEC. 707. SENSE OF SENATE ON THE PROVISION OF ADE13 QUATE MEDICAL CARE TO MILITARY RETIR14 EES.

15 (a) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that the Secretary of Defense should encourage increased

17 use of physicians, dentists, and other health care profes18 sionals in the reserve components of the Armed Forces of

19 the United States in order to provide retired military per20 sonnel with care under section 1074(b) of title 10, United

21 States Code, while such members of the reserve components

22 are performing active duty, full-time National Guard duty,

23 or inactive-duty training consistent with other military

24 training requirements.

25 (b) DEFINITIONS.—In this section:
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1 (1) The term ‘‘retired military personnel’’ means

2 persons who are eligible for medical and dental care

3 under section 1074(b) of title 10, United States Code.

4 (2) The terms ‘‘active duty’’, ‘‘full-time National

5 Guard training’’, and ‘‘inactive-duty training’’ have

6 the meaning given such terms in section 101(d) of

7 such title.

8 SEC. 708. INDEPENDENT STUDY OF CONDUCT OF MEDICAL

9 STUDY BY ARCTIC AEROMEDICAL LABORA10 TORY, LADD AIR FORCE BASE, ALASKA.

11 (a) REQUIREMENT FOR STUDY.—The Secretary of De12 fense shall provide, in accordance with this section, for an

13 independent study of the conduct of a series of medical stud14 ies performed during or prior to 1957 by the Air Force Arc15 tic Aeromedical Laboratory in Alaska. The series of medical

16 studies referred to in the preceding sentence was designed

17 to study thyroid activity in men exposed to cold, and in18 volved the administration of a radioactive isotope (Iodine

19 131) to certain Alaska Natives.

20 (b) CONDUCT OF REQUIRED STUDY.—The study re21 ferred to in subsection (a) shall be conducted by the Insti22 tute of Medicine of the National Academy of Sciences or

23 a similar organization.

24 (c) DIRECT OR INDIRECT DOD INVOLVEMENT.—

25 The Secretary may provide for the study either—
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1 (1) by entering into an agreement with an inde2 pendent organization referred to in subsection (b) to

3 conduct the study; or

4 (2) by transferring to the Secretary of the Inte5 rior, the Secretary of Health and Human Services, or

6 the head of another department or agency of the Fed7 eral Government funds to carry out the study in ac8 cordance with subsection (b).

9 (d) REPORT.—The Secretary of Defense or the head of

10 the department or agency of the Federal Government carry11 ing out the study shall submit to Congress a report on the

12 results of the study. The report shall, at a minimum, in13 clude the following matters:

14 (1) Whether the series of studies referred to in

15 subsection (a) was conducted in accordance with gen16 erally accepted guidelines for the use of human par17 ticipants in medical experimentation.

18 (2) Whether Iodine 131 dosages were adminis19 tered in accordance with radiation exposure stand20 ards generally accepted as of 1957 and with radiation

21 exposure standards generally accepted as of 1993.

22 (3) The guidelines that should have been followed

23 in the conduct of the series of studies, including

24 guidelines regarding notification of participants

25 about any possible risks.
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1 (4) Whether subsequent studies of the partici2 pants should have been provided for and conducted to

3 determine whether any participants suffered long

4 term ill effects of the administration of Iodine 131

5 and, in the case of such ill effects, needed medical care

6 for such effects.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for the Department of Defense

9 for fiscal year 1994, $150,000 for carrying out the study

10 referred to in subsection (a).

11 TITLE VIII—ACQUISITION

12 POLICY

13 Subtitle A—Defense Technology and

14 Industrial Base, Reinvestment,

15 and Conversion

16 SEC. 801. MANUFACTURING SCIENCE AND TECHNOLOGY

17 PROGRAM.

18 (a) PROGRAM AUTHORIZED.—(1) Subchapter IV of

19 chapter 148 of title 10, United States Code, is amended by

20 adding at the end the following new section:

21 ‘‘§ 2525. Manufacturing Science and Technology Pro22 gram

23 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall

24 establish a Manufacturing Science and Technology pro-
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1 gram. The Director of Defense Research and Engineering

2 shall administer the program.

3 ‘‘(b) PURPOSE.—It shall be the purpose of the program

4 to enhance the capability of industry to meet the manufac5 turing needs of the Department of Defense.

6 ‘‘(c) COMPONENTS.—The Secretary of Defense shall en7 sure that programs for manufacturing science and tech8 nology are established in the military departments, the Of9 fice of the Secretary of Defense, and the Defense Logistics

10 Agency.

11 ‘‘(d) COMPETITION AND COST SHARING.—(1) Com12 petitive procedures shall be used for awarding all contracts,

13 grants, and cooperative agreements under the program.

14 ‘‘(2) At least 50 percent of the contracts, grants, and

15 cooperative agreements shall be awarded on the basis of cost

16 sharing arrangements involving significant contributions to

17 the cost of the project from non-Federal Government sources.

18 ‘‘(3) A contract, grant, or cooperative agreement may

19 not be awarded under this program on any basis other than

20 a cost-shared basis unless the Secretary of Defense deter21 mines that the contract, grant, or cooperative agreement is

22 for a program that—

23 ‘‘(A) is not likely to have immediate and direct

24 commercial applications; or
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1 ‘‘(B) is of sufficiently high risk to discourage cost

2 sharing by non-Federal Government sources.

3 ‘‘(e) REVIEW AUTHORITY.—The Secretary of Defense

4 may review any project proposed by the Congress to be

5 awarded under the program on a basis that is inconsistent

6 with paragraphs (1) and (2) of subsection (d) and may can7 cel any such project that the Secretary finds not to be in

8 support of the national security requirements of the United

9 States.’’.

10 (2) The table of sections at the beginning of subchapter

11 IV of such chapter is amended by adding at the end the

12 following:

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

13 (b) FUNDING.—Of the amounts authorized to be appro14 priated under section 201, not more than $301,033,000

15 shall be available for the Manufacturing Science and Tech16 nology Program under section 2525 of title 10, United

17 States Code (as added by subsection (a)), of which—

18 (1) not more than $20,000,000 shall be available

19 for the Army;

20 (2) not more than $50,000,000 shall be available

21 for the Navy;

22 (3) not more than $60,000,000 shall be available

23 for the Air Force; and

24 (4) not more than $171,033,000 shall be avail25 able for the Defense Agencies.
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1 SEC. 802. UNIVERSITY RESEARCH INITIATIVE SUPPORT

2 PROGRAM.

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

4 through the Director of Defense Research and Engineering,

5 shall establish a University Research Initiative Support

6 Program.

7 (b) PURPOSE.—Under the program, the Director shall

8 award grants and contracts to eligible institutions of higher

9 education to support the conduct of research and develop10 ment relevant to requirements of the Department of Defense.

11 (c) ELIGIBILITY.—An institution of higher education

12 is eligible for a grant or contract under the program if the

13 institution has received less than a total of $1,000,000 in

14 grants and contracts from the Department of Defense in the

15 two fiscal years before the fiscal year in which the institu16 tion submits a proposal for such grant or contract.

17 (d) COMPETITION REQUIRED.—The Director shall use

18 competitive procedures in awarding grants and contracts

19 under the program.

20 (e) PROGRAM REQUIREMENTS.—Not later than 90

21 days after the date of the enactment of this Act, the Director

22 of Defense Research and Engineering shall prescribe direc23 tives for carrying out the program. The directives shall re24 quire a merit-based selection process that is consistent with

25 the provisions of section 2361(a) of title 10, United States

26 Code, and shall require that each person selected to partici-
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1 pate in such a merit-based selection process be a member

2 of the faculty or staff of an institution of higher education

3 that is a member of the National Association of State Uni4 versities and Land Grant Colleges or the American Associa5 tion of State Colleges and Universities.

6 (f) FUNDING.—Of the amounts authorized to be appro7 priated under section 201, not more than $50,000,000 shall

8 be available for the University Research Initiative Support

9 Program.

10 SEC. 803. OPERATING COMMITTEE OF THE CRITICAL TECH11 NOLOGIES INSTITUTE.

12 Section 822(c) of the National Defense Authorization

13 Act for Fiscal Year 1991 (42 U.S.C. 6686(c)) is amended

14 to read as follows:

15 ‘‘(c) OPERATING COMMITTEE.—(1) The Institute shall

16 have an Operating Committee composed of five members as

17 follows:

18 ‘‘(A) The Director of the Office of Science and

19 Technology Policy, who shall chair the committee.

20 ‘‘(B) The Director of the National Institutes of

21 Health.

22 ‘‘(C) The Director of the National Institute for

23 Standards and Technology.

24 ‘‘(D) The Director of the Advanced Research

25 Projects Agency.
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1 ‘‘(E) The Under Secretary of Energy having re2 sponsibility for science and technology matters.

3 ‘‘(2) The Operating Committee shall meet not less than

4 four times each year.’’.

5 SEC. 804. TARGETING DEFENSE CONVERSION FUNDS.

6 It is the sense of Congress that—

7 (1) defense conversion funds, including funds for

8 community assistance and dislocated personnel,

9 should serve to relieve distress in areas of the country

10 that are the most adversely affected by reduced spend11 ing for national defense and by military base clo12 sures;

13 (2) in the determinations of whether applicants

14 for defense conversion assistance meet applicable cost15 sharing requirements, all non-Federal funds, includ16 ing funds from States and from local sources, should

17 be considered;

18 (3) by April 30, 1994 (with respect to activities

19 during the first half of fiscal year 1994) and by Octo20 ber 31, 1994 (with respect to activities during the sec21 ond half of fiscal year 1994), the Secretary of Defense

22 should submit to Congress a report setting forth—

23 (A) the geographic distribution of the

24 sources of all proposals received for defense con25 version assistance and the geographic distribu-
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1 tion of the defense conversion assistance awarded

2 (in order to indicate the extent to which the pol3 icy in paragraph (1) is being carried out); and

4 (B) the number of proposals for defense con5 version assistance received from small businesses

6 and the number of awards of defense conversion

7 assistance to small businesses (in order to pro8 vide a basis for determining whether sufficient

9 opportunities exist for small businesses to receive

10 an appropriate portion of defense conversion

11 funds and whether the cost-sharing requirements

12 for small businesses should be reduced); and

13 (4) by January 1, 1994, the Secretary of Defense

14 should—

15 (A) submit to Congress any recommenda16 tions that, taking into consideration the experi17 ence with providing defense conversion assistance

18 during fiscal year 1993, the Secretary considers

19 appropriate regarding—

20 (i) what share of the costs of partici21 pating in a defense conversion program

22 should be borne by non-Department of De23 fense sources; and
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1 (ii) what, if any, changes should be

2 made in the laws providing authority for

3 defense conversion programs; and

4 (B) prescribe regulations to provide full

5 credit for in-kind contributions of non-Depart6 ment of Defense sources for purposes of defense

7 conversion program cost-sharing requirements.

8 SEC. 805. SMALL BUSINESS PARTICIPATION.

9 (a) DUAL-USE CRITICAL TECHNOLOGY PARTNER10 SHIPS.—(1) Section 2511 of title 10, United States Code,

11 is amended—

12 (A) by redesignating subsection (g) as subsection

13 (h); and

14 (B) by inserting after subsection (f) the following

15 new subsection (g):

16 ‘‘(g) SMALL BUSINESS PARTICIPATION.—(1) The Sec17 retary shall ensure that small businesses and consortia in18 volving one or more small businesses are afforded an oppor19 tunity to participate in the partnerships program.

20 ‘‘(2) The Secretary shall conduct seminars or similar

21 programs for small businesses in order to disseminate infor22 mation regarding the partnerships program widely to small

23 businesses.

24 ‘‘(3) The Secretary shall establish a goal that at least

25 15 percent of the total amount appropriated for a fiscal
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1 year for partnerships under this section be expended for

2 partnerships that involve small businesses or consortia in3 volving one or more small businesses.

4 ‘‘(4) In this section, the term ‘small business’ has the

5 meaning given the term ‘small business concern’ pursuant

6 to section 3 of the Small Business Act (15 U.S.C. 632).’’.

7 (2) Not later than the date on which the President sub8 mits to Congress the budget for fiscal year 1995 pursuant

9 to section 1105 of title 31, United States Code, the Secretary

10 of Defense shall submit to Congress a plan for achieving

11 the goal required by subsection (g)(3) of section 2511 of title

12 10, United States Code, as added by paragraph (1)(B).

13 (b) SBA MEMBERSHIP ON THE NATIONAL DEFENSE

14 TECHNOLOGY AND INDUSTRIAL BASE COUNCIL.—Section

15 2502(b) of title 10, United States Code, is amended—

16 (1) by redesignating paragraph (5) as para17 graph (6); and

18 (2) by inserting after paragraph (4) the follow19 ing new paragraph (5):

20 ‘‘(5) The Administrator of the Small Business

21 Administration.’’.
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1 Subtitle B—Acquisition Assistance

2 Programs

3 SEC. 811. CONTRACT GOAL FOR DISADVANTAGED SMALL

4 BUSINESSES AND CERTAIN INSTITUTIONS OF

5 HIGHER EDUCATION.

6 (a) SCOPE OF REFERENCE TO HISTORICALLY BLACK

7 COLLEGES AND UNIVERSITIES.—Subparagraph (B) of sec8 tion 2323(a)(1) of title 10, United States Code, is amended

9 to read as follows:

10 ‘‘(B) historically Black colleges and universities,

11 including any nonprofit research institution that was

12 an integral part of such a college or university before

13 November 14, 1986;’’.

14 (b) DEFINITION OF MINORITY INSTITUTION.—Sub15 paragraph (C) of section 2323(a)(1) of title 10, United

16 States Code, is amended to read as follows:

17 ‘‘(C) minority institutions (as defined in section

18 1046(3) of the Higher Education Act of 1965 (20

19 U.S.C. 1135d–5(3)), which, for the purposes of this

20 section, shall include Hispanic-serving institutions

21 (as defined in section 316(b)(1)) of such Act (20

22 U.S.C. 1059c(b)(1)).’’.

23 (c) AWARD ELIGIBILITY.—Section 2323(f)(2) of title

24 10, United States Code, is amended to read as follows:
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1 ‘‘(2) The Secretary of Defense shall prescribe regula2 tions that prohibit awarding a contract under this section

3 to an entity described in subsection (a)(1) unless the entity

4 agrees to comply with the requirements of section 15(o)(1)

5 of the Small Business Act (15 U.S.C. 644(o)(1)).’’.

6 (d) IMPLEMENTING REGULATIONS.—(1) The Secretary

7 of Defense shall propose amendments to the Department of

8 Defense Supplement to the Federal Acquisition Regulation

9 that address the matters described in subsection (g) and sub10 section (h)(2) of section 2323 of title 10, United States Code.

11 (2) Not later than 15 days after the date of the enact12 ment of this Act, the Secretary shall publish such proposed

13 amendments in accordance with section 22 of the Office of

14 Federal Procurement Policy Act (41 U.S.C. 418b). The Sec15 retary shall provide a period of at least 60 days for public

16 comment on the proposed amendments.

17 (3) The Secretary shall publish the final regulations

18 not later than 120 days after the date of the enactment of

19 this Act.

20 (e) FUNDING.—(1) Of the amounts authorized to be ap21 propriated for fiscal year 1994 pursuant to title II of this

22 Act, $15,000,000 shall be available for such fiscal year for

23 infrastructure assistance to historically Black colleges and

24 universities and minority institutions under section

25 2323(c)(3) of title 10, United States Code.
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1 (2) Of the amount made available pursuant to para2 graph (1), not more than $1,000,000 may be used to provide

3 infrastructure assistance of the types described in section

4 2323(c)(3) of title 10, United States Code, to educational

5 institutions that have student body enrollments equal to or

6 greater than 51 percent of the student body enrollment

7 standard under which such educational institution would

8 qualify as a minority institution under section 1046(3) of

9 the Higher Education Act of 1965 (20 U.S.C. 1135d–5(3)).

10 SEC. 812. PROCUREMENT TECHNICAL ASSISTANCE PRO11 GRAMS.

12 (a) PROCUREMENT TECHNICAL ASSISTANCE PROGRAM

13 FUNDING.—Of the amount authorized to be appropriated

14 in section 301(5), $12,000,000 shall be available for carry15 ing out the provisions of chapter 142 of title 10, United

16 States Code.

17 (b) SPECIFIC PROGRAMS.—Of the amounts referred to

18 in subsection (a), $600,000 shall be available for fiscal year

19 1994 for the purpose of carrying out programs sponsored

20 by eligible entities referred to in subparagraph (D) of sec21 tion 2411(1) of title 10, United States Code, that provide

22 procurement technical assistance in distressed areas re23 ferred to in subparagraph (B) of section 2411(2) of such

24 title. If there is an insufficient number of satisfactory pro25 posals for cooperative agreements in such distressed areas
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1 to allow for effective use of the funds made available in ac2 cordance with this subsection in such areas, the funds shall

3 be allocated among the Defense Contract Administration

4 Services regions in accordance with section 2415 of such

5 title.

6 SEC. 813. PILOT MENTOR-PROTEGE PROGRAM FUNDING

7 AND IMPROVEMENTS.

8 (a) FUNDING.—Of the amounts authorized to be ap9 propriated for fiscal year 1994 pursuant to title I of this

10 Act, $50,000,000 shall be available for conducting the pilot

11 Mentor-Protege Program established pursuant to section

12 831 of the National Defense Authorization Act for Fiscal

13 Year 1991 (Public Law 101–510; 10 U.S.C. 2301 note).

14 (b) REGULATIONS.—(1) The fifth sentence of section

15 831(k) of the National Defense Authorization Act for Fiscal

16 Year 1991 (10 U.S.C. 2301 note) is amended to read as

17 follows: ‘‘The Department of Defense policy regarding the

18 pilot Mentor-Protege Program shall be published and main19 tained as an appendix to the Department of Defense Sup20 plement to the Federal Acquisition Regulation.’’.

21 (2) The Secretary of Defense shall ensure that, within

22 30 days after the date of the enactment of this Act, the De23 partment of Defense policy regarding the pilot Mentor-Pro24 tege Program, as in effect on September 30, 1993, is incor25 porated into the Department of Defense Supplement to the
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1 Federal Acquisition Regulation as an appendix. Revisions

2 to such policy (or any successor policy) shall be published

3 and maintained in such supplement as an appendix.

4 (c) EQUITY CAPITAL INVESTMENT.—(1) Section

5 831(f)(6) of the National Defense Authorization Act for Fis6 cal Year 1991 (10 U.S.C. 2301 note) is amended by striking

7 out ‘‘10 percent’’ and inserting in lieu thereof ‘‘40 percent’’.

8 (2) The amendment made by paragraph (1) shall take

9 effect as of October 1, 1991.

10 (d) EXTENSION OF PROGRAM ADMISSIONS.—Section

11 831(j)(1) of the National Defense Authorization Act for Fis12 cal Year 1991 (10 U.S.C. 2301 note) is amended by striking

13 ‘‘September 30, 1994’’ and inserting ‘‘September 30, 1995’’.

14 Subtitle C—Other Matters

15 SEC. 821. REIMBURSEMENT OF INDIRECT COSTS OF INSTI16 TUTIONS OF HIGHER EDUCATION UNDER DE17 PARTMENT OF DEFENSE CONTRACTS.

18 (a) IN GENERAL.—Department of Defense reimburse19 ments of allowable indirect costs incurred by an institution

20 of higher education for work performed for the Department

21 of Defense under a Department of Defense contract may not

22 be limited by regulation to a maximum amount unless that

23 same limitation is applied uniformly to all other organiza24 tions performing similar work for the Department of De25 fense under Department of Defense contracts.
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1 (b) WAIVERS.—The governing body of an institution

2 of higher education may waive the application of the prohi3 bition in subsection (a) to such institution in order to sim4 plify the overall management by that institution of cost re5 imbursements for contracts awarded to the institution.

6 (c) DEFINITIONS.—In this section:

7 (1) The term ‘‘allowable indirect costs’’ means

8 costs that are generally considered allowable as indi9 rect costs under regulations that establish the cost re10 imbursement principles applicable to an institution

11 of higher education for purposes of Department of De12 fense contracts.

13 (2) The term ‘‘institution of higher education’’

14 has the meaning given such term in section 1201(a)

15 of the Higher Education Act of 1965 (20 U.S.C.

16 1141(a)).

17 SEC. 822. PROHIBITION ON PURCHASE OF UNITED STATES

18 DEFENSE CONTRACTORS BY ENTITIES CON19 TROLLED BY FOREIGN GOVERNMENTS.

20 Section 835(c)(1)(A) of the National Defense Author21 ization Act for Fiscal Year 1993 (Public Law 102–484; 106

22 Stat. 2462; 50 U.S.C. App. 2170a) is amended by striking

23 out ‘‘owned or controlled’’ and inserting in lieu thereof

24 ‘‘controlled, either directly or indirectly,’’.
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1 SEC. 823. PROHIBITION ON AWARD OF CERTAIN DEPART2 MENT OF DEFENSE AND DEPARTMENT OF EN3 ERGY CONTRACTS TO ENTITIES CONTROLLED

4 BY A FOREIGN GOVERNMENT.

5 (a) TERMINOLOGY AMENDMENT.—Subsection (a) of

6 section 2536 of title 10, United States Code, is amended—

7 (1) by striking out ‘‘a company owned by’’; and

8 (2) by striking out ‘‘that company’’ and insert9 ing in lieu thereof ‘‘that entity’’.

10 (b) DEFINITION OF ENTITY CONTROLLED BY FOREIGN

11 GOVERNMENT.—Subsection (c)(1)(A) of such section is

12 amended by striking out ‘‘owned or controlled’’ and insert13 ing in lieu thereof ‘‘controlled, either directly or indi14 rectly,’’.

15 (c) CLERICAL AMENDMENTS.—(1) The section heading

16 of such section is amended by striking out ‘‘companies

17 owned by an entity’’ and inserting in lieu thereof ‘‘en18 tities’’.

19 (2) The item relating to such section in the table of

20 sections at the beginning of subchapter V of chapter 148

21 of title 10, United States Code, is amended to read as fol22 lows:

‘‘2536. Prohibition on award of certain Department of Defense and Department

of Energy contracts to entities controlled by a foreign government.’’.
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1 SEC. 824. REPORTS BY DEFENSE CONTRACTORS ON DEAL2 INGS WITH TERRORIST COUNTRIES AND NA3 TIONALS OF TERRORIST COUNTRIES.

4 (a) IN GENERAL.—(1) Chapter 141 of title 10, United

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

6 new section:

7 ‘‘§ 2410i. Defense contractor transactions with terror8 ist countries and nationals of terrorist

9 countries

10 ‘‘(a) REPORTS REQUIRED FROM CONTRACTORS.—

11 (1)(A) The Secretary of Defense shall require that each

12 person—

13 ‘‘(i) before entering into a contract with the De14 partment of Defense to provide goods or services to the

15 Department, report to the Secretary any commercial

16 transactions which such person has conducted with

17 any terrorist country or with any national of a ter18 rorist country; and

19 ‘‘(ii) report to the Secretary any commercial

20 transactions which such person conducts, during the

21 period of the contract, with any terrorist country, or

22 with any national of a terrorist country.

23 ‘‘(B) The requirement contained in subparagraph

24 (A)(ii) shall be included in the contract with the Depart25 ment of Defense.
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1 ‘‘(b) ANNUAL REPORT TO CONGRESS.—(1) The Sec2 retary of Defense shall submit to the Congress an annual

3 report on defense contractor transactions with terrorist

4 countries and nationals of terrorist countries.

5 ‘‘(2) The report shall contain the following matters:

6 ‘‘(A) A list of the persons who conducted com7 mercial transactions with terrorist countries and na8 tionals of terrorist countries during the year covered

9 by the report, as reported pursuant to subsection (a).

10 ‘‘(B) The terrorist countries and nationals of ter11 rorist countries with which such transactions were

12 conducted.

13 ‘‘(C) The nature of the transactions.

14 ‘‘(c) DEFINITIONS.—In this section:

15 ‘‘(1) The term ‘terrorist country’ means a coun16 try the government of which the Secretary of State

17 has determined pursuant to law, as of March 1, 1993,

18 is a government that has repeatedly provided support

19 for acts of international terrorism.

20 ‘‘(2) The term ‘national’ means, with respect to

21 a terrorist country—

22 ‘‘(A) a natural person who is a citizen of

23 such country; or

24 ‘‘(B) a corporation or other legal entity that

25 is organized under the laws of that country, if
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1 natural persons who are citizens of that country

2 own, directly or indirectly, 50 percent or more of

3 the outstanding capital stock or other beneficial

4 interest of such corporation or entity.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following:

‘‘2410i. Defense contractor transactions with terrorist countries and nationals of

terrorist countries.’’.

7 (b) EFFECTIVE DATE.—Section 2410i of title 10, Unit8 ed States Code, shall take effect 60 days after the date of

9 the enactment of this Act and shall apply to contracts en10 tered into on or after the effective date of such section.

11 SEC. 825. DEPARTMENT OF DEFENSE PURCHASES

12 THROUGH OTHER AGENCIES.

13 (a) REGULATIONS REQUIRED.—Not later than six

14 months after the date of the enactment of this Act, the Sec15 retary of Defense shall issue regulations governing the exer16 cise by the Department of Defense of the authority under

17 section 1535 of title 31, United States Code, to purchase

18 goods and services under contracts entered into or adminis19 tered by another agency.

20 (b) CONTENT OF REGULATIONS.—The regulations is21 sued pursuant to subsection (a) shall—

22 (1) require that each purchase described in sub23 section (a) be approved in advance by a warranted

24 contracting officer of the Department of Defense with
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1 authority to contract for the goods or services to be

2 purchased or by another official in a position specifi3 cally designated by regulation to approve such pur4 chase;

5 (2) provide that such a purchase of goods or

6 services may be made only if—

7 (A) the purchase is appropriately made

8 under a contract that the agency filling the pur9 chase order entered into, before the purchase

10 order, in order to meet the requirements of such

11 agency for the same or similar goods or services;

12 (B) the agency filling the purchase order is

13 better qualified to enter into or administer the

14 contract for such goods or services by reason of

15 capabilities or expertise that is not available

16 within the Department;

17 (C) the agency or unit filling the order is

18 specifically authorized by law or regulations to

19 purchase such goods or services on behalf of other

20 agencies; or

21 (D) the purchase is authorized by an Execu22 tive order or a revision to the Federal Acquisi23 tion Regulation setting forth specific additional

24 circumstances in which purchases referred to in

25 subsection (a) are authorized;
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1 (3) prohibit any such purchase under a contract

2 or other agreement entered into or administered by an

3 agency not covered by the provisions of chapter 137

4 of title 10, United States Code, or title III of the Fed5 eral Property and Administrative Services Act of

6 1949 and not covered by the Federal Acquisition Reg7 ulation unless the purchase is approved in advance by

8 the Senior Acquisition Executive responsible for pur9 chasing by the ordering agency or unit; and

10 (4) prohibit any payment to the agency filling a

11 purchase order of any fee that exceeds the actual cost

12 or, if the actual cost is not known, the estimated cost

13 of entering into and administering the contract or

14 other agreement under which the order is filled.

15 (c) MONITORING SYSTEM REQUIRED.—The Secretary

16 of Defense shall ensure that, not later than one year after

17 the date of enactment of this Act, systems of the Department

18 of Defense for collecting and evaluating procurement data

19 are capable of collecting and evaluating appropriate data

20 on procurements conducted under the regulations issued

21 pursuant to paragraph (a).

22 (d) TERMINATION.—This section shall cease to be effec23 tive one year after the date on which final regulations is24 sued pursuant to subsection (a) take effect.
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1 SEC. 826. AUTHORITY OF THE ADVANCED RESEARCH

2 PROJECTS AGENCY TO CARRY OUT CERTAIN

3 PILOT DEMONSTRATION PROJECTS AND PRO4 TOTYPE PROJECTS.

5 (a) AUTHORITY.—The Director of the Advanced Re6 search Projects Agency may, under the authority of section

7 2371 of title 10, United States Code, carry out pilot tech8 nology demonstration projects and prototype projects that

9 are directly relevant to weapons or weapons systems pro10 posed to be acquired or developed by the Department of De11 fense.

12 (b) EXERCISE OF AUTHORITY.—(1) Subsections (d)(2)

13 and (d)(3) of such section 2371 shall not apply to pilot

14 projects carried out under subsection (a).

15 (2) The Director shall, to the maximum extent prac16 ticable, utilize competitive procedures when entering into

17 agreements to carry out projects under subsection (a).

18 (c) PERIOD OF AUTHORITY.—The authority of the Di19 rector to carry out projects under subsection (a) shall termi20 nate 3 years after the date of the enactment of this Act.

21 SEC. 827. IMPROVEMENT OF PRICING POLICIES FOR USE OF

22 MAJOR RANGE AND TEST FACILITY INSTAL23 LATIONS OF THE MILITARY DEPARTMENTS.

24 (a) IN GENERAL.—Chapter 159 of title 10, United

25 States Code, is amended by inserting after section 2680 the

26 following new section:
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1 ‘‘§ 2681. Use of test and evaluation installations by

2 commercial entities

3 ‘‘(a) CONTRACT AUTHORITY.—The Secretary of the

4 military department concerned, in consultation with the

5 Secretary of Defense, may enter into contracts with com6 mercial entities that desire to conduct commercial test and

7 evaluation activities at a Major Range and Test Facility

8 Installation under the jurisdiction of the Secretary.

9 ‘‘(b) TERMINATION OR LIMITATION OF CONTRACT

10 UNDER CERTAIN CIRCUMSTANCES.—A contract entered

11 into under subsection (a) shall contain a provision that the

12 installation commander may terminate, prohibit, or sus13 pend immediately any commercial test or evaluation activ14 ity to be conducted at the Major Range and Test Facility

15 Installation under the contract if the installation com16 mander certifies in writing that the test or evaluation activ17 ity is or would be detrimental—

18 ‘‘(1) to the public health and safety;

19 ‘‘(2) to property (either public or private); or

20 ‘‘(3) to any national security interest or foreign

21 policy interest of the United States.

22 ‘‘(c) CONTRACT PRICE.—A contract entered into under

23 subsection (a) shall include a provision that requires a com24 mercial entity using a Major Range and Test Facility In25 stallation under the contract to reimburse the installation

26 for all direct costs to the United States that are associated
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1 with the test and evaluation activities conducted by the

2 commercial entity under the contract, as determined by the

3 installation commander. In addition, the contract may in4 clude a provision that requires the commercial entity to re5 imburse the installation for such indirect costs related to

6 the use of the installation as the installation commander

7 considers to be appropriate.

8 ‘‘(d) RETENTION OF FUNDS COLLECTED FROM COM9 MERCIAL USERS.—Amounts collected under subsection (c)

10 from a commercial entity conducting test and evaluation

11 activities at a Major Range and Test Facility Installation

12 shall be credited to the appropriation accounts under which

13 the costs associated with the test and evaluation activities

14 of the commercial entity were incurred.

15 ‘‘(e) REGULATIONS AND LIMITATIONS.—The Secretary

16 of the military department concerned, in consultation with

17 the Secretary of Defense, shall prescribe regulations to carry

18 out this section. The authority of installation commanders

19 under subsections (b) and (c) shall be subject to the author20 ity, direction, and control of the Secretary of the military

21 department concerned.

22 ‘‘(f) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘Major Range and Test Facility

24 Installation’ means a test and evaluation installation
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1 under the jurisdiction of the Secretary of a military

2 department and designated as such by the Secretary.

3 ‘‘(2) The term ‘direct costs’ includes the cost of—

4 ‘‘(A) labor, material, facilities, utilities,

5 equipment, supplies, and any other resources

6 damaged or consumed during the test or evalua7 tion activities or maintained for a particular

8 commercial entity; and

9 ‘‘(B) construction specifically performed for

10 the commercial entity to conduct test and eval11 uation activities.

12 ‘‘(3) The term ‘installation commander’ means

13 the commander of a Major Range and Test Facility

14 Installation.

15 ‘‘(g) TERMINATION OF AUTHORITY.—The authority

16 provided to the Secretary of a military department by sub17 section (a) shall terminate on September 30, 1998.

18 ‘‘(h) REPORT.—Not later than January 1, 1999, the

19 Secretary of each military department shall submit to the

20 Secretary of Defense and Congress a report describing the

21 number and purposes of contracts entered into under sub22 section (a) and evaluating the extent to which the authority

23 under this section is exercised to open Major Range and

24 Test Facility Installations to commercial test and evalua25 tion activities.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by inserting after

3 the item related to section 2680 the following new item:

‘‘2681. Use of test and evaluation installations by commercial entities.’’.

4 Subtitle D—Defense Acquisition

5 Pilot Program

6 SEC. 831. DEFENSE ACQUISITION PILOT PROGRAM AMEND7 MENTS.

8 (a) REPEAL OF LIMITATION ON NUMBER OF PARTICI9 PATING DEFENSE ACQUISITION PROGRAMS.—Section

10 809(b)(1) of the National Defense Authorization Act for Fis11 cal Year 1991 (10 U.S.C. 2430 note) is amended by striking

12 out ‘‘not more than six’’.

13 (b) REPEAL OF REQUIREMENT TO DESIGNATE PAR14 TICIPATING PROGRAMS AS DEFENSE ENTERPRISE PRO15 GRAMS.—Section 809 of such Act is amended by striking

16 out subsection (d).

17 (c) PUBLICATION OF POLICIES AND GUIDELINES FOR

18 PUBLIC COMMENT.—Section 809 of such Act is amended

19 by striking out subsection (e) and inserting in lieu thereof

20 the following:

21 ‘‘(d) PUBLICATION OF POLICIES AND GUIDELINES.—

22 The Secretary shall publish in the Federal Register a pro23 posed memorandum setting forth policies and guidelines for

24 implementation of the pilot program under this section and

25 provide an opportunity for public comment on the proposed
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1 memorandum for a period of 60 days after the date of publi2 cation. The Secretary shall publish in the Federal Register

3 any subsequent proposed change to the memorandum and

4 provide an opportunity for public comment on each such

5 proposed change for a period of 60 days after the date of

6 publication.’’.

7 (d) CONGRESSIONAL NOTIFICATION REQUIRE8 MENTS.—Section 809 of such Act is amended—

9 (1) by redesignating subsection (f) as subsection

10 (e); and

11 (2) in paragraph (2)(D) of subsection (e), as so

12 redesignated, by striking out ‘‘specific budgetary and

13 personnel savings’’ and inserting in lieu thereof ‘‘a

14 discussion of the efficiencies or savings’’.

15 SEC. 832. REFERENCE TO DEFENSE ACQUISITION PILOT

16 PROGRAM.

17 A reference in this subtitle to the Defense Acquisition

18 Pilot Program is a reference to the defense acquisition pilot

19 program authorized by section 809 of the National Defense

20 Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430

21 note).

22 SEC. 833. MISSION ORIENTED PROGRAM MANAGEMENT.

23 It is the sense of Congress that—

24 (1) in the exercise of the authority provided in

25 section 809 of the National Defense Authorization Act
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1 for Fiscal Year 1991 (10 U.S.C. 2430 note), the Sec2 retary of Defense should propose for one or more of

3 the defense acquisition programs covered by the De4 fense Acquisition Pilot Program to utilize the concept

5 of mission oriented program management that

6 includes—

7 (A) establishing a mission oriented program

8 executive office; and

9 (B) designating a lead agency for the mis10 sion oriented program executive office;

11 (2) the duties of the program executive officer for

12 each of one or more of such programs should

13 include—

14 (A) planning, programming, and carrying

15 out research, development, and acquisition ac16 tivities;

17 (B) providing advice regarding the prepa18 ration and integration of budgets for research,

19 development, and acquisition activities;

20 (C) informing the operational commands of

21 alternative technology solutions to fulfill emerg22 ing requirements;

23 (D) ensuring that the acquisition plan for

24 the program realistically reflects the budget and

25 related decisions made for that program;
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1 (E) managing related technical support re2 sources;

3 (F) conducting integrated decision team

4 meetings; and

5 (G) providing technological advice to users

6 of program products and to the officials within

7 the military departments who prepare plans,

8 programs, and budgets;

9 (3) the Chairman of the Joint Chiefs of Staff, in

10 consultation with the Under Secretary of Defense for

11 Acquisition, should prescribe policies and procedures

12 for the interaction of the commanders of the unified

13 and specified combatant commands with the mission

14 oriented program executive officers, and such policies

15 and procedures should include provisions for enabling

16 the user commands to perform acceptance testing; and

17 (4) the management functions of a program

18 manager should not duplicate the management func19 tions of the mission oriented program executive offi20 cer.

21 SEC. 834. SAVINGS OBJECTIVES.

22 It is the sense of Congress that the Secretary of Defense,

23 on the basis of the experience under the Defense Acquisition

24 Pilot Program, should seek personnel reductions and other

25 management and administrative savings that, by Septem-
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1 ber 30, 1998, will achieve at least a 25-percent reduction

2 in defense acquisition management costs below the costs of

3 defense acquisition management during fiscal year 1993.

4 SEC. 835. PROGRAM PHASES AND PHASE FUNDING.

5 (a) ACQUISITION PROGRAM PHASES.—It is the sense

6 of Congress that—

7 (1) the Secretary of Defense should propose that

8 one or more defense acquisition programs proposed

9 for participation in the Defense Acquisition Pilot

10 Program be exempted from acquisition regulations re11 garding program phases that are applicable to other

12 Department of Defense acquisition programs; and

13 (2) a program so exempted should follow a sim14 plified acquisition program cycle that is results ori15 ented and consists of—

16 (A) an integrated decision team meeting

17 phase which—

18 (i) could be requested by a potential

19 user of the system or component to be ac20 quired, the head of a laboratory, or a pro21 gram office on such bases as the emergence

22 of a new military requirement, cost savings

23 opportunity, or new technology opportunity;

24 (ii) should be conducted by a program

25 executive officer; and
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1 (iii) should usually be completed with2 in 1 to 3 months.;

3 (B) a prototype development and testing

4 phase which should include operational tests and

5 concerns relating to manufacturing operations

6 and life cycle support and should usually be

7 completed within 6 to 36 months and should

8 produce sufficient numbers of prototypes to as9 sess operational utility;

10 (C) a product integration, development, and

11 testing phase which—

12 (i) should include full-scale develop13 ment, integration of components, and oper14 ational testing; and

15 (ii) should usually be completed within

16 1 to 5 years; and

17 (D) a phase for production, integration into

18 existing systems, or production and integration

19 into existing systems.

20 (b) PHASE FUNDING.—To the extent provided in legis21 lation pursuant to subsection of (c)(1)(B) of section 809 of

22 the National Defense Authorization Act for Fiscal Year

23 1991 (10 U.S.C. 2430 note) and to the extent provided in

24 appropriations Acts, the Secretary of Defense is authorized

25 to expend for a defense acquisition program participating
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1 in the Defense Acquisition Pilot Program such sums as are

2 necessary to carry out a phase of the acquisition program

3 cycle after the Secretary determines that objective quantifi4 able performance expectations relating to the execution of

5 that phase have been identified.

6 (c) MAJOR PROGRAM DECISION.—It is the sense of the

7 Congress that the Secretary of Defense should establish for

8 one or more defense acquisition programs participating in

9 the Defense Acquisition Pilot Program an approval process

10 having one major decision point.

11 SEC. 836. PROGRAM WORK FORCE POLICIES.

12 (a) IN GENERAL.—The Secretary of Defense shall re13 view the incentives and personnel actions available to the

14 Secretary for encouraging excellence in the acquisition

15 workforce of the Department of Defense and may provide

16 an enhanced system of incentives, in accordance with appli17 cable law, for the encouragement of excellence in the work

18 force of a participating acquisition program.

19 (b) ENHANCED SYSTEM OF INCENTIVES.—The Sec20 retary of Defense should consider providing for program ex21 ecutive officers, program managers, and other acquisition

22 personnel of defense acquisition programs participating in

23 the Defense Acquisition Pilot Program an enhanced system

24 of incentives which—
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1 (1) in accordance with applicable law, relates

2 pay to performance; and

3 (2) provides for consideration of the extent to

4 which the performance of such personnel contributes

5 to the achievement of cost goals, schedule goals, and

6 performance goals established for such programs.

7 SEC. 837. EFFICIENT CONTRACTING PROCESSES.

8 It is the sense of the Congress that the Secretary of

9 Defense, in exercising the authority provided in section 809

10 of the National Defense Authorization Act for Fiscal Year

11 1991 (10 U.S.C. 2430 note), should seek to simplify the pro12 curement process, streamline the period for entering into

13 contracts, and simplify specifications and requirements.

14 SEC. 838. CONTRACT ADMINISTRATION: PERFORMANCE

15 BASED CONTRACT MANAGEMENT.

16 It is the sense of the Congress that the Secretary of

17 Defense should propose under section 809 of the National

18 Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.

19 2430 note) that, for one or more defense acquisition pro20 grams participating in the Defense Acquisition Pilot Pro21 gram, payments under section 2307(a) of title 10, United

22 States Code, be made on any of the following bases:

23 (1) Performance measured by statistical process

24 controls.

25 (2) Event accomplishment.
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1 (3) Other quantifiable measures of results.

2 SEC. 839. CONTRACTOR PERFORMANCE ASSESSMENT.

3 (a) COLLECTION AND ANALYSIS OF PERFORMANCE IN4 FORMATION.—The Secretary of Defense shall collect and

5 analyze information on contractor performance under the

6 Defense Acquisition Pilot Program.

7 (b) INFORMATION TO BE INCLUDED.—Information

8 collected under subsection (a) shall include the history of

9 the performance of each contractor under the Defense Acqui10 sition Pilot Program contracts and, for each such contract

11 performed by the contractor, a technical evaluation of the

12 contractor’s performance prepared by the program manager

13 responsible for the contract.

14 TITLE IX—DEPARTMENT OF DE15 FENSE ORGANIZATION AND

16 MANAGEMENT

17 SEC. 901. ASSISTANT SECRETARY OF DEFENSE FOR LEGIS18 LATIVE AFFAIRS.

19 Section 136(b) of title 10, United States Code, is

20 amended by adding at the end the following new paragraph:

21 ‘‘(5) One of the Assistant Secretaries shall be the As22 sistant Secretary of Defense for Legislative Affairs. He shall

23 have as his principal duty the overall supervision of legisla24 tive affairs of the Department of Defense.’’.
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1 SEC. 902. RESPONSIBILITIES OF THE COMPTROLLER OF

2 THE DEPARTMENT OF DEFENSE.

3 Section 137(c) of title 10, United States Code, is

4 amended—

5 (1) by striking out ‘‘and’’ at the end of para6 graph (4);

7 (2) by striking out the period at the end of para8 graph (5) and inserting in lieu thereof ‘‘; and’’; and

9 (3) by adding at the end the following new para10 graph:

11 ‘‘(6) in informing, in a timely manner, the Com12 mittees on Armed Services and on Appropriations of

13 the Senate and House of Representatives regarding all

14 matters relating to the budgetary, fiscal, and analytic

15 activities of the Department of Defense that are under

16 the supervision of the Comptroller.’’.

17 SEC. 903. REPEAL OF TERMINATION OF REQUIREMENT FOR

18 A DIRECTOR OF EXPEDITIONARY WARFARE.

19 Section 5038(e) of title 10, United States Code, is re20 pealed.

21 TITLE X—GENERAL PROVISIONS

22 Subtitle A—Financial Matters

23 SEC. 1001. TRANSFER AUTHORITY.

24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

25 Upon determination by the Secretary of Defense that such

26 action is necessary in the national interest, the Secretary
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1 may transfer amounts of authorizations made available to

2 the Department of Defense in this division for fiscal year

3 1994 between any such authorizations for that fiscal year

4 (or any subdivisions thereof). Amounts of authorizations so

5 transferred shall be merged with and be available for the

6 same purposes as the authorization to which transferred.

7 (2) The total amount of authorizations that the Sec8 retary of Defense may transfer under the authority of this

9 section may not exceed $1,000,000,000.

10 (b) LIMITATIONS.—The authority provided by this sec11 tion to transfer authorizations—

12 (1) may only be used to provide authority for

13 items that have a higher priority than the items from

14 which authority is transferred; and

15 (2) may not be used to provide authority for an

16 item that has been denied authorization by Congress.

17 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans18 fer made from one account to another under the authority

19 of this section shall be deemed to increase the amount au20 thorized for the account to which the amount is transferred

21 by an amount equal to the amount transferred.

22 (d) NOTICE TO CONGRESS.—The Secretary of Defense

23 shall promptly notify Congress of transfers made under the

24 authority of this section.
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1 SEC. 1002. REVISION OF DATE FOR SUBMITTAL OF JOINT

2 REPORT ON SCORING OF BUDGET OUTLAYS.

3 Section 226(a) of title 10, United States Code, is

4 amended—

5 (1) by striking out ‘‘Not later than’’ and all that

6 follows through ‘‘section 1105 of title 31’’, and insert7 ing in lieu thereof ‘‘Not later than December 15 of

8 each year’’; and

9 (2) in paragraph (1), by striking out ‘‘that budg10 et’’ and inserting in lieu thereof ‘‘the budget to be sub11 mitted to Congress in the following year pursuant to

12 section 1105 of title 31’’.

13 SEC. 1003. DISCRETIONARY AUTHORITY OF THE COMPTROL14 LER GENERAL TO CONDUCT ANNUAL AUDITS

15 OF THE ACCEPTANCE BY THE DEPARTMENT

16 OF DEFENSE OF PROPERTY, SERVICES, AND

17 CONTRIBUTIONS.

18 (a) PROPERTY AND SERVICES FROM FOREIGN COUN19 TRIES IN CONNECTION WITH MUTUAL DEFENSE OR OCCU20 PATION.—Section 2350g(d) of title 10, United States Code,

21 is amended—

22 (1) by striking out ‘‘shall conduct’’ and inserting

23 in lieu thereof ‘‘may conduct’’; and

24 (2) by striking out ‘‘each such audit’’ and insert25 ing in lieu thereof ‘‘each audit conducted under this

26 subsection’’.
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1 (b) CONTRIBUTIONS FOR DEPARTMENT OF DEFENSE

2 USE.—Section 2608(i) of title 10, United States Code, is

3 amended—

4 (1) by striking out ‘‘shall conduct’’ and inserting

5 in lieu thereof ‘‘may conduct’’; and

6 (2) by striking out ‘‘each such audit’’ and insert7 ing in lieu thereof ‘‘each audit conducted under this

8 subsection’’.

9 Subtitle B—Fiscal Year 1993

10 Authorization Matters

11 SEC. 1011. AUTHORITY FOR OBLIGATION OF CERTAIN UN12 AUTHORIZED FISCAL YEAR 1993 DEFENSE AP13 PROPRIATIONS.

14 (a) AUTHORITY.—The amounts described in subsection

15 (b), totaling $4,343,219,000 may be obligated and expended

16 for programs, projects, and activities of the Department of

17 Defense in accordance with fiscal year 1993 defense appro18 priations except as otherwise provided in section 1012.

19 (b) COVERED AMOUNTS.—The amounts referred to in

20 subsection (a) are the amounts provided for programs,

21 projects, and activities of the Department of Defense in fis22 cal year 1993 defense appropriations that are in excess of

23 the amounts provided for such programs, projects, and ac24 tivities in fiscal year 1993 defense authorizations.

25 (c) DEFINITIONS.—For the purposes of this subtitle:
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1 (1) FISCAL YEAR 1993 DEFENSE APPROPRIA2 TIONS.—The term ‘‘fiscal year 1993 defense appro3 priations’’ means amounts appropriated or otherwise

4 made available to the Department of Defense for fiscal

5 year 1993 in the Department of Defense Appropria6 tions Act, 1993 (Public Law 102–396).

7 (2) FISCAL YEAR 1993 DEFENSE AUTHORIZA8 TIONS.—The term ‘‘fiscal year 1993 defense author9 izations’’ means amounts authorized to be appro10 priated for the Department of Defense for fiscal year

11 1993 in the National Defense Authorization Act for

12 Fiscal Year 1993 (Public Law 102–484).

13 SEC. 1012. LIMITATION ON OBLIGATION FOR CERTAIN UN14 AUTHORIZED APPROPRIATIONS.

15 (a) PROGRAMS NOT AVAILABLE FOR OBLIGATION.—

16 Amounts described in section 1011(b) may not be obligated

17 or expended for the following programs, projects, and activi18 ties of the Department of Defense (for which amounts were

19 provided in fiscal year 1993 defense appropriations):

20 (1) The University Research Initiatives program

21 under research, development, test, and evaluation for

22 the Defense Agencies in the amount of $136,450,000.

23
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1 (2) The C–20 aircraft program under aircraft

2 procurement for the Navy in the amount of

3 $25,000,000.

4 (3) The 105MM M490A1 tank cartridge program

5 under ammunition for the Army in the amount of

6 $20,000,000.

7 (4) The 155MM M107 artillery projectile pro8 gram under ammunition for the Army in the amount

9 of $35,000,000.

10 (5) The 155MM M203 propellant charge pro11 gram under ammunition for the Army in the amount

12 of $22,487,000.

13 (6) The LSV landing craft program under other

14 procurement for the Army in the amount of

15 $18,000,000.

16 (7) The Offshore Petroleum Delivery System

17 under other procurement for the Navy in the amount

18 of $22,000,000.

19 (8) The AN/SPS–48 radar program under other

20 procurement for the Navy in the amount of

21 $51,500,000.

22 (9) The HARM missile program under missile

23 procurement for the Air Force in the amount of

24 $113,700,000.
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1 (10) The KC–135 reengining program under air2 craft procurement for the Air Force, $87,174,000.

3 (11) The P–3 upgrade program for the Naval

4 Reserve under procurement of National Guard and

5 Reserve Equipment in the amount of $25,000,000.

6 (12) Operational Support Aircraft under pro7 curement of National Guard and Reserve Equipment

8 in the amount of $249,200,000 as follows:

9 (A) C–12J aircraft for Army Reserve,

10 $42,300,000.

11 (B) C–20 aircraft for the Army Reserve,

12 $27,000,000.

13 (C) C–23 aircraft for the Army National

14 Guard, $60,000,000.

15 (D) C–26 aircraft for the Army National

16 Guard, $23,000,000.

17 (E) C–212 aircraft for the Army National

18 Guard, $57,900,000.

19 (F) P–180 aircraft for the Army National

20 Guard, $16,000,000.

21 (G) C–26 aircraft for the Air National

22 Guard, $23,000,000.
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1 SEC. 1013. USE OF FISCAL YEAR 1993 AIR FORCE AIRCRAFT

2 PROCUREMENT FUNDS FOR HIGHER PRIOR3 ITY PROGRAMS.

4 To the extent provided in appropriations Acts, the Sec5 retary of the Air Force may use not more than $100,900,000

6 of the funds appropriated for the Air Force for fiscal year

7 1993 for procurement of aircraft in order to fund fiscal year

8 1994 programs of the Air Force having a higher priority

9 than the aircraft procurement programs for which such

10 funds are otherwise available.

11 SEC. 1014. SUPPLEMENTAL AUTHORIZATION OF APPRO12 PRIATIONS FOR FISCAL YEAR 1993.

13 (a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIA14 TIONS.—There is authorized to be appropriated for fiscal

15 year 1993 for covering the incremental costs arising from

16 Operation Restore Hope, Operation Provide Comfort, and

17 Operation Southern Watch, and deficiencies in funding of

18 the Civilian Health and Medical Program of the Uniformed

19 Services (CHAMPUS), and for repairing flood damage at

20 Camp Pendleton, California, $1,246,928 as follows:

21 (1) For Military Personnel:

22 For the Navy, $7,100,000.

23 (2) For Operation and Maintenance:

24 (A) For the Army, $149,800,000.

25 (B) For the Navy, $46,356,000.

26 (C) For the Marine Corps, $122,192,000.
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1 (D) For the Air Force, $226,400,000.

2 (E) For the Defense Agencies, $2,000,000.

3 (F) For the Naval Reserve, $237,000.

4 (G) For Humanitarian Assistance,

5 $23,000,000.

6 (H) For Real Property Maintenance, De7 fense, $29,098,000.

8 (I) For the Defense Health Program,

9 $299,900,000.

10 (3) For Military Construction:

11 (A) For the Navy inside the United States,

12 $3,000,000.

13 (B) For the Navy for family housing inside

14 the United States, $4,345,000.

15 (4) For Working Capital Funds:

16 For the Defense Business Operations Fund,

17 $293,500,000.

18 (b) NATIONAL SECURITY EDUCATION TRUST FUND

19 OBLIGATIONS.—During fiscal year 1993, sums in the Na20 tional Security Education Trust Fund are authorized to

21 be obligated in the total amount of $10,000,000.
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1 Subtitle C—Joint Officer Personnel

2 Matters

3 SEC. 1021. JOINT OFFICER PERSONNEL POLICY.

4 (a) FIVE-YEAR EXTENSION OF EXCEPTIONS TO RE5 QUIREMENT OF JOINT DUTY ASSIGNMENT FOR PROMOTION

6 TO GENERAL OR FLAG OFFICER.—Section 619(e) of title

7 10, United States Code, is amended—

8 (1) in the second sentence of paragraph (1), by

9 striking out ‘‘January 1, 1994’’ and inserting in lieu

10 thereof ‘‘January 1, 1999’’; and

11 (2) in paragraph (2), by striking out subpara12 graph (E) and inserting in lieu thereof the following:

13 ‘‘(E) until January 1, 1999, in the case of an of14 ficer who served in an assignment (other than a joint

15 duty assignment) that began before October 1, 1986,

16 and that involved significant experience in joint mat17 ters (as determined by the Secretary) if the officer

18 served in that assignment for a period of sufficient

19 duration (which may not be less than 12 months) for

20 his service to have been considered a full tour of duty

21 under the policies and regulations in effect on Sep22 tember 30, 1986.’’.

23 (b) SERVING-IN WAIVER.—Section 619(e) of title 10,

24 United States Code, as amended by subsection (a), is further
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1 amended by adding at the end of paragraph (2) the follow2 ing:

3 ‘‘(F) in the case of an officer who has served at

4 least 180 days in a joint duty assignment prior to the

5 date of the convening of a selection board that rec6 ommends the officer for appointment to the grade of

7 brigadier general or rear admiral (lower half), but

8 only if that officer’s total consecutive service in joint

9 duty assignments within that same organization is

10 not less than two years.’’.

11 (c) WAIVER FOR THE GOOD OF THE SERVICE.—Sec12 tion 619(e)(3)(B) of title 10, United States Code, is amend13 ed by adding at the end the following: ‘‘Notwithstanding

14 the preceding sentence, the Secretary of Defense may, on

15 a case-by-case basis, delay the assignment of a general or

16 flag officer to a joint duty assignment if an appropriate

17 joint duty assignment is not available. An officer whose

18 joint duty assignment has been so delayed may not be pro19 moted to the grade of major general or rear admiral (upper

20 half) until the officer completes a full tour of duty in a

21 joint duty assignment.’’.
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1 SEC. 1022. JOINT DUTY CREDIT FOR CERTAIN DUTY PER2 FORMED DURING OPERATIONS DESERT

3 SHIELD AND DESERT STORM.

4 (a) AUTHORITY TO GIVE JOINT DUTY CREDIT.—Not5 withstanding subsection (e) of section 933 of the National

6 Defense Authorization Act for Fiscal Year 1993 (Public

7 Law 102–484; 106 Stat. 2476; 10 U.S.C. 664 note), the Sec8 retary of Defense, in consultation with the Chairman of the

9 Joint Chiefs of Staff, may give an officer credit for having

10 completed a tour of duty in a joint duty assignment pursu11 ant to the provisions of such section if—

12 (1) the Chief of Staff of the Army, the Chief of

13 Naval Operations, the Chief of Staff of the Air Force,

14 or the Commandant of the Marine Corps rec15 ommended (before the expiration of authority under

16 subsection (e) of such section) that the officer be given

17 such credit, credit was denied that officer or credit for

18 less than a full tour was given that officer, and the

19 Secretary determines that the decision not to give the

20 credit or not to give greater credit, as the case may

21 be, to such officer was incorrect; or

22 (2) the Secretary determines that the officer’s

23 ability to submit a timely request for consideration

24 for such credit was impaired by involvement of the of25 ficer in an operational assignment and, as a result of
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1 the failure to submit a timely request, the officer was

2 not recommended for such credit.

3 (b) CLARIFICATION OF INTENDED RELATIONSHIP BE4 TWEEN CREDIT AND PROMOTIONS.—Section 933(a)(1) of

5 such Act is amended by striking out ‘‘chapter 38’’ and in6 serting in lieu thereof ‘‘chapters 36 and 38’’.

7 (c) DURATION OF AUTHORITY.—The authority of the

8 Secretary of Defense under subsection (a) expires at the end

9 of the 60-day period beginning on the date of the enactment

10 of this Act.

11 Subtitle D—Matters Relating to

12 Reserve Components

13 SEC. 1031. REVIEW OF AIR FORCE PLANS TO TRANSFER

14 HEAVY BOMBERS TO RESERVE COMPONENTS

15 UNITS.

16 (a) REVIEW OF AIR FORCE PLANS.—(1) The Secretary

17 of Defense shall review Air Force plans to transfer certain

18 heavy bomber units from the active component of the Air

19 Force to the reserve components of the Air Force.

20 (2) In carrying out the review, the Secretary shall con21 sider the following matters:

22 (A) The compatibility of Air Force plans with

23 the relevant results of the internal review of the De24 partment of Defense (known as the ‘‘bottom-up re-
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1 view’’) being conducted during 1993 by direction of

2 the Secretary of Defense.

3 (B) The effect that the transfer will have on the

4 immediate availability of substantial numbers of

5 heavy bombers for combat operations.

6 (C) The levels of full-time and part-time employ7 ees that will be necessary at reserve components units

8 in order to provide adequate logistics and mainte9 nance support for intensive and sustained heavy

10 bomber operations.

11 (D) The requirements for additional military

12 construction funding that will result from the transfer

13 and relocation of heavy bomber operations.

14 (b) SECRETARY OF DEFENSE PLAN REQUIRED.—(1)

15 The Secretary of Defense, in consultation with the Secretary

16 of the Air Force, shall develop a comprehensive plan for

17 proposed transfers of heavy bomber units from the active

18 component of the Air Force to the reserve components of

19 the Air Force. The plan shall cover the period beginning

20 on the date of the enactment of this Act and ending January

21 1, 2000.

22 (2) The plan shall include the following matters:

23 (A) The unit designation of each active compo24 nent unit from which heavy bombers are to be trans25 ferred.
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1 (B) The unit designation of each reserve compo2 nent unit to which such heavy bombers are to be

3 transferred.

4 (C) The proposed date of inactivation of each ac5 tive component unit transferring heavy bombers.

6 (D) The proposed date of activation of each re7 serve component unit receiving heavy bombers.

8 (E) The requirements at each reserve component

9 unit receiving heavy bombers for additional Armed

10 Forces personnel and civilian personnel, additional

11 facilities for the bomber aircraft, additional military

12 construction funds other than for facilities construc13 tion, additional spare parts, and additional logistics,

14 maintenance, and test equipment beyond such re15 sources that become available by reason of the inac16 tivation of the active component unit.

17 (c) REPORTING REQUIREMENTS.—Not later than

18 March 31, 1994, the Secretary shall submit to the congres19 sional defense committees—

20 (1) a report on the results of the review required

21 under subsection (a), and

22 (2) the plan required under subsection (b).
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1 SEC. 1032. REQUIREMENT FOR TRANSFER OF AIR REFUEL2 ING AIRCRAFT TO RESERVE COMPONENTS OF

3 THE AIR FORCE.

4 The Secretary of the Air Force shall transfer from ac5 tive component squadrons of the Air Force to two Air Na6 tional Guard or Air Force Reserve squadrons operating

7 KC–135E aircraft a number of KC–135R aircraft that is

8 sufficient to modernize such squadrons.

9 Subtitle E—International

10 Peacekeeping Activities

11 SEC. 1041. GENERAL AUTHORIZATION OF SUPPORT FOR

12 INTERNATIONAL PEACEKEEPING ACTIVITIES.

13 (a) AUTHORIZED SUPPORT FOR FISCAL YEAR 1994.—

14 The Secretary of Defense may provide assistance for inter15 national peacekeeping activities during fiscal year 1994, in

16 accordance with section 403 of title 10, United States Code,

17 in an amount not to exceed $300,000,000. Notwithstanding

18 the second sentence of subsection (b) of that section, the as19 sistance so provided may be derived from funds appro20 priated to the Department of Defense for fiscal year 1994

21 for operation and maintenance or from balances in working

22 capital funds.

23 (b) EXTENSION OF AUTHORITY.—Section 403(h) of

24 title 10, United States Code, is amended by striking out

25 ‘‘September 30, 1993’’ and inserting in lieu thereof ‘‘Sep26 tember 30, 1994’’.
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1 SEC. 1042. REPORT ON MULTINATIONAL PEACEKEEPING

2 AND PEACE ENFORCEMENT.

3 (a) REPORT REQUIRED.—Not later than the date on

4 which the President submits to Congress the budget for fiscal

5 year 1995 under section 1105 of title 31, United States

6 Code, the President, after consultation with the Secretary

7 of State and the Secretary of Defense, shall submit to the

8 Committees on Armed Services of the Senate and the House

9 of Representatives, the Committee on Foreign Relations of

10 the Senate, and the Committee on Foreign Affairs of the

11 House of Representatives a report on United States policy

12 on multinational peacekeeping and peace enforcement.

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

14 a comprehensive analysis and discussion of the following

15 matters:

16 (1) Criteria for participation by the United

17 States in multinational missions through the United

18 Nations, North Atlantic Treaty Organization, or other

19 regional alliances and international organizations.

20 (2) Proposals for expanding peacekeeping activi21 ties by the North Atlantic Treaty Organization and

22 the North Atlantic Cooperation Council, including

23 joint operations, joint training, and joint doctrine de24 velopment.

25 (3) A summary of progress made by the United

26 States, in consultation with other nations, to develop
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1 joint doctrine for peacekeeping and peace enforcement

2 operations, and plans to conduct joint exercises with

3 other nations for such purposes.

4 (4) The principles guiding decisions to place

5 United States forces under foreign command.

6 (5) Proposals to establish opportunities within

7 the Armed Forces of the United States for voluntary

8 duty in units designated for assignment to multi9 national peacekeeping and peace enforcement mis10 sions.

11 (6) Proposals to modify the budgetary and fi12 nancial policies of the United Nations for peacekeep13 ing and peace enforcement missions, including—

14 (A) proposals regarding the structure and

15 control of budgetary procedures;

16 (B) proposals regarding United Nations ac17 counting procedures; and

18 (C) specific proposals—

19 (i) to establish a revolving capital fund

20 to finance the costs of starting new United

21 Nations operations approved by the Secu22 rity Council;

23 (ii) to establish a requirement that

24 United Nations member nations pay one25 third of the anticipated first-year costs of a
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1 new operation immediately upon Security

2 Council approval of that operation;

3 (iii) to establish a requirement that

4 United Nations member nations be charged

5 interest penalties on late payment of their

6 assessments for peacekeeping or peace en7 forcement missions; and

8 (iv) regarding possible sources of inter9 national revenue for United Nations peace10 keeping and peace enforcement missions.

11 (7) Proposals to establish a small United Na12 tions Rapid Deployment Force under the direction of

13 the United Nations Security Council in order to pro14 vide for quick intervention in disputes for the purpose

15 of preventing a larger outbreak of hostilities.

16 (8) Congressional authorization and approval re17 quirements for participation of United States forces

18 in multinational peacekeeping and peace enforcement

19 missions, including the applicability of the War Pow20 ers Resolution.

21 (9) Proposals that the United States and other

22 United Nations member nations negotiate special

23 agreements under article 43 of the United Nations

24 Charter to provide for those states to make armed

25 forces, assistance, and facilities available to the Unit-
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1 ed Nations Security Council for the purposes stated

2 in article 42 of that charter, not only on an ad hoc

3 basis, but also on a permanent on-call basis for rapid

4 deployment under Security Council authorization.

5 (10) A proposal that member nations of the

6 United Nations commit to keep equipment specified

7 by the Secretary General of the United Nations avail8 able for immediate sale, loan, or donation to the

9 United Nations when required.

10 (11) A proposal that member nations of the

11 United Nations make airlift and sealift capacity

12 available to the United Nations without charge or at

13 lower than commercial rates.

14 (12) An evaluation of the current capabilities

15 and future needs of the United Nations for improved

16 command, control, communications, and intelligence

17 infrastructure, including facilities, equipment, proce18 dures, training, and personnel, and an analysis of

19 United States capabilities and experience in such

20 matters that could be applied or offered directly to the

21 United Nations.

22 (13) An evaluation of the potential role of the

23 Military Staff Committee of the United Nations Secu24 rity Council.
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1 (14) Any other information that may be useful

2 to inform Congress on matters relating to United

3 States policy and proposals on peacekeeping and

4 peace enforcement missions.

5 Subtitle F—Matters Relating to

6 Allies and Other Nations

7 SEC. 1051. BURDEN SHARING CONTRIBUTIONS BY JAPAN,

8 KUWAIT, AND THE REPUBLIC OF KOREA.

9 (a) IN GENERAL.—Subchapter II of chapter 138 of

10 title 10, United States Code, is amended by adding at the

11 end the following new section:

12 ‘‘§ 2350j. Burden sharing contributions by Japan, Ku13 wait, and Korea

14 ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Not15 withstanding section 1306 of title 31, the Secretary of De16 fense, in consultation with the Secretary of State, may ac17 cept cash contributions from Japan, Kuwait, and the Re18 public of Korea for the purposes specified in subsection (c).

19 ‘‘(b) CREDITS.—Contributions accepted under sub20 section (a) shall be credited to appropriations of the Depart21 ment of Defense. The contributions so credited shall be

22 merged with the appropriations to which credited.

23 ‘‘(c) AVAILABILITY OF CONTRIBUTIONS.—Contribu24 tions accepted under subsection (a) shall be available only
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1 for payment of the following costs associated with facilities

2 used by the armed forces:

3 ‘‘(1) Compensation for local national employees

4 of the Department of Defense.

5 ‘‘(2) Military construction projects of the Depart6 ment of Defense, in accordance with subsection (d).

7 ‘‘(3) Supplies and services for the Department of

8 Defense.

9 ‘‘(d) AUTHORIZATION OF MILITARY CONSTRUCTION.—

10 Contributions credited under subsection (b) to an appro11 priation account of the Department of Defense may be

12 used—

13 ‘‘(1) by the Secretary of Defense to carry out a

14 military construction project that is consistent with

15 the purposes for which the contribution was made and

16 is not otherwise authorized by law; or

17 ‘‘(2) by the Secretary of a military department,

18 with the approval of the Secretary of Defense, to

19 carry out such a project.

20 ‘‘(e) NOTICE AND WAIT REQUIREMENTS.—(1) When a

21 decision is made to carry out a military construction

22 project under subsection (d), the Secretary of Defense shall

23 submit to the Committees on Armed Services and on Appro24 priations of the Senate and House of Representatives a re25 port containing—
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1 ‘‘(A) an explanation of the need for the project;

2 ‘‘(B) the then current estimate of the cost of the

3 project; and

4 ‘‘(C) a justification for carrying out the project

5 under that subsection.

6 ‘‘(2) The Secretary of Defense or the Secretary of a

7 military department may not commence a military con8 struction project under subsection (d) before the expiration

9 of the 21-day period beginning on the date on which the

10 Secretary of Defense submits the report regarding the

11 project in accordance with paragraph (1).

12 ‘‘(f) REPORTING REQUIREMENT.—Not later than 30

13 days after the end of each fiscal year, the Secretary of De14 fense shall submit to the Committees on Armed Services and

15 on Appropriations of the Senate and House of Representa16 tives a report specifying separately for Japan, Kuwait, and

17 the Republic of Korea—

18 ‘‘(1) the amount of the contributions accepted by

19 the Secretary during the preceding fiscal year under

20 this section;

21 ‘‘(2) the purposes for which the contributions

22 were made;

23 ‘‘(3) the amount of the contributions expended

24 during the preceding fiscal year; and
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1 ‘‘(4) the purposes for which the contributions

2 were expended.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of subchapter II of such chapter is amended

5 by adding at the end the following new item:

‘‘2350j. Burden sharing contributions by Japan, Kuwait, and Korea.’’.

6 SEC. 1052. DEFENSE CONVERSION AND REINVESTMENT; EX7 PORT LOAN GUARANTEES.

8 (a) AUTHORITY FOR PROVIDING LOAN GUARAN9 TEES.—(1) During fiscal year 1994, the President may

10 issue guarantees for the sale of defense articles and defense

11 services to the member nations of the North Atlantic Treaty

12 Organization and to Israel, Australia, Japan, and the Re13 public of Korea. The aggregate amount guaranteed under

14 this section in such fiscal year may not exceed

15 $1,000,000,000.

16 (2) In issuing medium- and long-term guarantees for

17 sales pursuant to paragraph (1), the President shall not

18 offer terms and conditions more beneficial than would be

19 provided by the Export-Import Bank of the United States

20 under similar circumstances in conjunction with the provi21 sion of guarantees for nondefense articles and services.
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1 (3) The authority of this subsection may be exercised

2 only to such extent and in such amounts as is provided

3 for in advance in appropriations Acts.

4 (b) SUBSIDY COST AND FUNDING.—(1) There is au5 thorized to be appropriated for fiscal year 1994,

6 $25,000,000 for the subsidy cost of the loan guarantees is7 sued under this section.

8 (2) Funds authorized to be available for the Export9 Import Bank of the United States may not be used for the

10 execution of the program under this section.

11 (c) EXECUTIVE AGENCY.—The Department of Defense

12 shall be the executive agency for administration of the pro13 gram under this section unless the President, in consulta14 tion with the Congress, designates another agency to imple15 ment the program. Applications for guarantees issued under

16 this section shall be submitted to the Secretary of Defense,

17 who may make such arrangements as are necessary with

18 other agencies to process the applications and otherwise to

19 implement the program under this section.

20 (d) FEES CHARGED AND COLLECTED.—A fee shall be

21 charged for each guarantee issued under the program under

22 this section. All fees collected in connection with guarantees

23 issued under the program shall be available to offset the cost

24 of guarantee obligations under the program. All of the fees

25 collected under this subsection, together with earnings on
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1 those fees and other income arising from guarantee oper2 ations under the program, shall be held in a financing ac3 count maintained in the Treasury of the United States. All

4 funds in such account may be invested in obligations of the

5 United States. Any interest or other receipts derived from

6 such investments shall be credited to such account and may

7 be used for the purposes of the program.

8 (e) INTERAGENCY REVIEW PROCESS.—The issuance of

9 loan guarantees for defense exports under this section shall

10 be subject to all United States Government review proce11 dures for arms sales to foreign governments and shall be

12 consistent with United States policy on arms sales to those

13 nations referred to in subsection (a).

14 (f) NATIONAL SECURITY COUNCIL REVIEW PROC15 ESS.—In addition to the interagency review process for

16 arms sales to foreign governments referred to in subsection

17 (e), the National Security Council shall review the proposed

18 defense sale and determine that it is in accord with United

19 States security interests, that it contributes to collective de20 fense burden sharing, and that it is consistent with United

21 States nonproliferation goals.

22 (g) DEFINITIONS.—In this section, the terms ‘‘defense

23 articles’’, ‘‘defense services’’, and ‘‘defense articles and de24 fense services’’ have the meanings given those terms, respec-
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1 tively, in section 47 of the Arms Export Control Act (22

2 U.S.C. 2794).

3 SEC. 1053. FINDINGS REGARDING DEFENSE COOPERATION

4 BETWEEN THE UNITED STATES AND ISRAEL.

5 Congress makes the following findings:

6 (1) The President has made a commitment to

7 maintain the qualitative superiority of the Israeli De8 fense Forces over any combination of adversary

9 armed forces.

10 (2) The President has expressed a desire to en11 hance United States-Israeli military and technical co12 operation, particularly in the areas of missile defense,

13 counter-proliferation of weapons of mass destruction,

14 and counter-proliferation of ballistic missiles.

15 (3) Maintaining the qualitative superiority of

16 the Israeli Defense Forces and strengthening United

17 States defense ties with Israel will help to ensure that

18 Israel has the military strength and political support

19 necessary for taking risks for peace while providing

20 Arab states with an incentive to pursue negotiations

21 instead of war.

22 (4) The establishment of the United States Israel

23 Science and Technology Commission, the binational

24 Senior Planning Group, and the Technology Transfer
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1 Working Group is in the interest of both the United

2 States and Israel.

3 (5) It is in the national interests of the United

4 States and Israel for the organizations referred to in

5 paragraph (4) to work to strengthen existing mecha6 nisms for cooperation and to eliminate barriers to

7 further collaboration between the United States and

8 Israel.

9 (6) Israel continues to face difficult threats to its

10 national security that are compounded by the pro11 liferation of weapons of mass destruction and ballistic

12 missiles.

13 SEC. 1054. DEFENSE BURDENSHARING.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) Since fiscal year 1985, the budget of the De16 partment of Defense has declined by 34 percent in

17 real terms.

18 (2) During the past few years, the United States

19 military presence overseas has declined significantly

20 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.
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1 (B) From fiscal year 1989 to fiscal year

2 1994, spending by the United States to support

3 the stationing of United States military forces

4 overseas will have declined by 36 percent.

5 (C) Since January 1990, the Department of

6 Defense has announced the closure, reduction, or

7 transfer to standby status of 840 United States

8 military facilities overseas, which is a 50 percent

9 reduction in the number of such facilities.

10 (3) The United States military presence overseas

11 will continue to decline as a result of actions by the

12 executive branch and the following initiatives of the

13 Congress:

14 (A) Section 1302 of the National Defense

15 Authorization Act for Fiscal Year 1993, which

16 required a 40 percent reduction by September

17 30, 1996, in the number of United States mili18 tary personnel permanently stationed ashore in

19 overseas locations.

20 (B) Section 1303 of the National Defense

21 Authorization Act for Fiscal Year 1993, which

22 specified that no more than 100,000 United

23 States military personnel may be permanently

24 stationed ashore in NATO member countries

25 after September 30, 1996.
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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 1990

8 and 1991, which directed the President to consult

9 with East Asian allies, and to develop a plan,

10 regarding gradually reducing the United States

11 military force structure in East Asia.

12 (4) The East Asia Strategy Initiative, which was

13 developed in response to sections 913 and 915 of the

14 National Defense Authorization Act for Fiscal Years

15 1990 and 1991, has resulted in the withdrawal of

16 more than 12,000 United States military personnel

17 from Japan and the Republic of Korea since fiscal

18 year 1990.

19 (5) In response to actions by the executive

20 branch and the Congress, allied countries in which

21 United States military personnel are stationed and

22 alliances in which the United States participates have

23 agreed in the following ways to offset more of the costs

24 incurred by the United States in basing military

25 forces overseas:
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1 (A) Under the 1991 Special Measures

2 Agreement between Japan and the United States,

3 Japan will pay by 1995 almost all yen-denomi4 nated costs of stationing United States military

5 personnel in Japan.

6 (B) The Republic of Korea has agreed to

7 pay by 1995, one-third of the won-based costs in8 curred by the United States in stationing United

9 States military personnel in the Republic of

10 Korea.

11 (C) The North Atlantic Treaty Organiza12 tion (NATO) has agreed that the Infrastructure

13 Program could pay the annual operation and

14 maintenance costs of facilities that would sup15 port the reinforcement of Europe by United

16 States military forces.

17 (b) FUNDING REDUCTIONS.—(1) The total amount au18 thorized to be appropriated to the Department of Defense

19 for operation and maintenance and for military construc20 tion (including NATO Infrastructure) to conduct overseas

21 basing activities during fiscal year 1994 may not exceed

22 the amount equal to the baseline for fiscal year 1993 re23 duced by $1,355,500,000.

24 (2) For purposes of paragraph (1), the baseline for fis25 cal year 1993 is the sum of the amounts that were made
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1 available for overseas basing activities out of the amounts

2 appropriated for such fiscal year for the following purposes:

3 (A) Operation and maintenance.

4 (B) Family housing, operations.

5 (C) Family housing, construction.

6 (D) Military construction (including NATO In7 frastructure).

8 (c) SENSE OF CONGRESS.—It is the sense of Congress

9 that the amounts obligated to conduct overseas basing ac10 tivities should decline significantly in fiscal year 1995 and

11 in future fiscal years as—

12 (1) the number of United States military person13 nel stationed overseas continues to decline; and

14 (2) the countries in which United States mili15 tary personnel are stationed and the alliances in

16 which the United States participates assume an in17 creased share of United States overseas basing costs.

18 (d) BURDENSHARING AGREEMENTS FOR INCREASED

19 HOST NATION SUPPORT.—(1) In order to achieve addi20 tional savings in overseas basing costs, the President should

21 intensify his efforts to negotiate a more favorable host-na22 tion agreement with each foreign country to which this

23 paragraph applies under paragraph (3)(A).
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1 (2) For purposes of paragraph (1), a more favorable

2 host-nation agreement is an agreement under which such

3 foreign country—

4 (A) assumes an increased share of the costs of

5 United States military installations in that country,

6 including the costs of—

7 (i) labor, utilities, and services;

8 (ii) military construction projects and real

9 property maintenance;

10 (iii) leasing requirements associated with

11 the United States military presence; and

12 (iv) actions necessary to meet local environ13 mental standards;

14 (B) relieves the Armed Forces of the United

15 States of all tax liability that, with respect to forces

16 located in such country, is incurred by the Armed

17 Forces under the laws of that country and the laws

18 of the community where those forces are located; and

19 (C) ensures that goods and services furnished in

20 that country to the Armed Forces of the United States

21 are provided at minimum cost and without imposi22 tion of user fees.

23 (3)(A) Except as provided in subparagraph (B), para24 graph (1) applies with respect to—
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1 (i) each country of the North Atlantic Treaty Or2 ganization (other than the United States); and

3 (ii) each other foreign country with which the

4 United States has a bilateral or multilateral defense

5 agreement that provides for the assignment of combat

6 units of the Armed Forces of the United States to per7 manent duty in that country or the placement of com8 bat equipment of the United States in that country.

9 (B) Paragraph (1) does not apply with respect to—

10 (i) a foreign country that receives assistance

11 under section 23 of the Arms Export Control Act (22

12 U.S.C. 2673) (relating to the foreign military financ13 ing program) or under the provisions of chapter 4 of

14 part II of the Foreign Assistance Act of 1961 (22

15 U.S.C. 2346 et seq.); or

16 (ii) a foreign country that has agreed to assume,

17 not later than September 30, 1996, at least 75 percent

18 of the nonpersonnel costs of United States military

19 installations in the country.

20 Subtitle G—Other Matters

21 SEC. 1061. ADDITIONAL SUPPORT FOR COUNTER-DRUG AC22 TIVITIES.

23 Section 1004(b) of the National Defense Authorization

24 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.
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1 374 note) is amended by adding at the end the following

2 new paragraph:

3 ‘‘(10) Aerial and ground reconnaissance.’’.

4 SEC. 1062. REPORT ON PERSONNEL REQUIREMENTS FOR

5 CONTROL OF TRANSFER OF CERTAIN WEAP6 ONS.

7 (a) REPORT ON MANPOWER REQUIRED TO IMPLE8 MENT EXPORT CONTROLS ON CERTAIN WEAPONS TRANS9 FERS.—Not later than 180 days after the date of enactment

10 of this Act, the Secretary of Defense and the Secretary of

11 Energy shall jointly submit to the committees of Congress

12 named in subsection (c) a report entitled ‘‘Manpower Re13 quired to Implement Export Controls on Certain Weapons

14 Transfers’’.

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

16 the following matters:

17 (1) A clear statement of the role of the Depart18 ment of Defense, and a clear statement of the role of

19 the Department of Energy, in implementing export

20 controls on goods and technology related to nuclear,

21 chemical, and biological weapons.

22 (2) A discussion of the number and skills of per23 sonnel currently available in the Department of De24 fense and the Department of Energy to perform the

25 respective roles of such department.
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1 (3) An assessment of the adequacy of the number

2 and skills of such personnel for the effective perform3 ance of such roles.

4 (4) For each of fiscal years 1988, 1989, 1990,

5 1991, 1992, 1993, and 1994, the total number of De6 partment of Defense and Department of Energy full7 time employees and military personnel who, in the

8 implementation of export controls on goods and tech9 nology related to nuclear, chemical, and biological

10 weapons, carry out the following activities of such de11 partment:

12 (A) Review of private sector export license

13 applications and government-to-government co14 operative activities.

15 (B) Intelligence analysis and activities.

16 (C) Policy coordination.

17 (D) International liaison activity.

18 (E) Technical review.

19 (5) For each fiscal year referred to in paragraph

20 (4), the grades of the personnel referred to in that

21 paragraph and the special knowledge, experience, and

22 expertise of such personnel that enable such personnel

23 to carry out the activities referred to in that para24 graph.
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1 (6) An assessment of the adequacy of the staffing

2 in each of the categories specified in subparagraphs

3 (A) through (E) of paragraph (4).

4 (7) Recommendations concerning measures, in5 cluding any legislation necessary, to eliminate any

6 identified staffing deficiencies and to improve inter7 agency coordination with respect to implementing ex8 port controls on goods and technology related to nu9 clear, chemical, and biological weapons.

10 (8) All Department of Defense activities under11 taken during fiscal years 1989, 1990, 1991, 1992, and

12 1993 in fulfillment of the responsibilities of the De13 partment of Defense under section 602(c) of the Nu14 clear Non-Proliferation Act of 1978 (Public Law 96–

15 280; 22 U.S.C. 3282(c)) with respect to nuclear weap16 ons proliferation threats and the role of the depart17 ment in addressing such threats.

18 (c) SUBMISSION OF REPORT.—The Secretary of De19 fense and the Secretary of Energy shall submit the report

20 to—

21 (1) the Committees on Armed Services and on

22 Governmental Affairs of the Senate; and

23 (2) the Committee on Armed Services of the

24 House of Representatives.
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1 (d) FORM OF REPORT.—The report shall be submitted

2 in unclassified form but may also be submitted in classified

3 form if the Secretary of Defense and the Secretary of Energy

4 consider it necessary to include classified information in

5 order to satisfy fully the requirements of this section.

6 SEC. 1063. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI7 TIES PILOT PROGRAM AMENDMENTS.

8 Section 1091 of the National Defense Authorization

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

10 2519; 32 U.S.C. 501 note) is amended—

11 (1) by striking out subsection (c) and inserting

12 in lieu thereof the following:

13 ‘‘(c) CONDUCT OF THE PROGRAM.—The Secretary of

14 Defense may provide for the conduct of the program in such

15 States as he determines to be appropriate.’’;

16 (2) in subsection (d)(3), by striking out ‘‘reim17 burse’’ and inserting in lieu thereof ‘‘provide funds

18 to’’;

19 (3) in subsection (l), by striking out paragraph

20 (2) and inserting in lieu thereof the following:

21 ‘‘(2) The term ‘State’ includes the Common22 wealth of Puerto Rico, the territories (as defined in

23 section 101(1) of title 32, United States Code), and

24 the District of Columbia.’’; and

25 (4) in subsection (m)—
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1 (A) by inserting ‘‘(1)’’ after ‘‘(m);

2 (B) by striking out ‘‘for fiscal year 1993’’;

3 and

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

5 paragraph:

6 ‘‘(2) Notwithstanding section 9003 of Public Law 102–

7 396 (106 Stat. 1900), of the total amount appropriated for

8 fiscal year 1993 for operation and maintenance for the

9 Army National Guard, for operation and maintenance for

10 the Air National Guard, for the National Guard Civilian

11 Youth Opportunities Pilot Program, for National Guard

12 Civilian Youth Opportunities, Urban Youth Program and

13 Youth Conservation Corps Camps, and the STARBASE

14 youth education program, $49,000,000 shall remain avail15 able for obligation for such purposes and programs until

16 the enactment of an Act appropriating funds for the De17 partment of Defense for fiscal year 1995.’’.

18 SEC. 1064. CIVILIAN FACULTY OF THE GEORGE C. MAR19 SHALL EUROPEAN CENTER FOR SECURITY

20 STUDIES.

21 (a) IN GENERAL.—Chapter 81 of title 10, United

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

23 new section:
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1 ‘‘§ 1599. George C. Marshall European Center for Se2 curity Studies: civilian faculty members

3 ‘‘(a) AUTHORITY OF THE SECRETARY.—The Secretary

4 of Defense may employ as many civilians as directors,

5 deans, professors, scholars, instructors, researchers, and lec6 turers at the George C. Marshall European Center for Secu7 rities Studies as the Secretary considers necessary.

8 ‘‘(b) COMPENSATION OF FACULTY MEMBERS.—The

9 compensation of persons employed under this section shall

10 be prescribed by the Secretary of Defense.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of such chapter is amended by adding at the

13 end the following new item:

‘‘1599. George C. Marshall European Center for Security Studies: civilian faculty

members.’’.

14 SEC. 1065. ADMINISTRATIVE IMPROVEMENTS IN GOLD15 WATER SCHOLARSHIP AND EXCELLENCE IN

16 EDUCATION PROGRAM.

17 (a) TERMS OF OFFICE OF FOUNDATION MEMBERS.—

18 Section 1404(c)(1) of the Barry Goldwater Scholarship and

19 Excellence in Education Act (title XIV of Public Law 99–

20 661; 20 U.S.C. 4703) is amended—

21 (1) by striking out ‘‘, and’’ at the end of sub22 paragraph (A) and inserting in lieu thereof a semi23 colon;
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1 (2) by striking out the period at the end of sub2 paragraph (B) and inserting in lieu thereof ‘‘; and’’;

3 and

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

5 ‘‘(C) notwithstanding the term limitation pro6 vided for under this paragraph, any member ap7 pointed under this paragraph may serve under such

8 appointment until the successor to such member is

9 appointed.’’.

10 (b) LEASE AUTHORITY.—Section 1411(a)(7) of such

11 Act (20 U.S.C. 4710(a)(7)) is amended by striking out

12 ‘‘District of Columbia’’ and inserting in lieu thereof ‘‘the

13 Washington, District of Columbia, metropolitan area’’.

14 SEC. 1066. U.S.S. INDIANAPOLIS MEMORIAL, INDIANAPOLIS,

15 INDIANA.

16 (a) FINDINGS.—Congress makes the following findings:

17 (1) That, on July 30, 1945, among the closing

18 days of World War II, the U.S.S. Indianapolis (CA–

19 35) was sunk as a result of a torpedo attack on that

20 ship.

21 (2) That the memorial to the U.S.S. Indianap22 olis (CA–35) located on the east bank of the Indian23 apolis water canal in downtown Indianapolis, Indi24 ana, will honor the personal sacrifice of the 1,197

25 servicemen who were aboard the U.S.S. Indianapolis
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1 (CA–35) on that day, 881 of whom died as one of the

2 greatest single combat losses suffered by the United

3 States Navy in World War II.

4 (3) That the memorial will pay fitting tribute to

5 that gallant ship and its final crew, and will forever

6 commemorate the place of the U.S.S. Indianapolis in

7 United States Navy history as the last major ship lost

8 in World War II.

9 (4) That, as a memorial to the last major ship

10 lost by the United States Navy in World War II, the

11 memorial to the U.S.S. Indianapolis will rank in im12 portance with the memorial to the U.S.S. Arizona

13 (BB–39), one of the first ships lost by the United

14 States Navy in World War II.

15 (5) That the memorial to the U.S.S. Indianap16 olis symbolizes the devoted service of the United States

17 Navy and Marine Corps personnel, particularly those

18 who lost their lives at sea in the Pacific Theater dur19 ing World War II, whose dedication and sacrifice in

20 the cause of liberty and freedom were instrumental in

21 the triumph of the United States in that war.

22 (6) That the citizens of the United States have

23 a continuing obligation to educate future generations

24 about the military and other historic endeavors of this

25 great Nation.
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1 (b) RECOGNITION AS A NATIONAL MEMORIAL.—The

2 memorial to the U.S.S. Indianapolis (CA–35) in Indianap3 olis, Indiana, is hereby recognized as the national memorial

4 to the U.S.S. Indianapolis (CA–35) and to the final crew

5 of that historic warship.

6 SEC. 1067. INVOLVEMENT OF ARMED FORCES IN SOMALIA.

7 (a) SENSE OF CONGRESS REGARDING UNITED STATES

8 POLICY TOWARDS SOMALIA.—

9 (1) Since United States Armed Forces made sig10 nificant contributions under Operation Restore Hope

11 towards the establishment of a secure environment for

12 humanitarian relief operations and restoration of

13 peace in the region to end the humanitarian disaster

14 that had claimed more than 300,000 lives.

15 (2) Since the mission of United States forces in

16 support of the United Nations appears to be evolving

17 from the establishment of ‘‘a secure environment for

18 humanitarian relief operations,’’ as set out in United

19 Nations Security Council Resolution 794 of December

20 3, 1992, to one of internal security and nation build21 ing.

22 (b) STATEMENT OF CONGRESSIONAL POLICY.—

23 (1) CONSULTATION WITH THE CONGRESS.—The

24 President should consult closely with the Congress re25 garding United States policy with respect to Somalia,
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1 including in particular the deployment of United

2 States Armed Forces in that country, whether under

3 United Nations or United States command.

4 (2) PLANNING.—The United States shall facili5 tate the assumption of the functions of United States

6 forces by the United Nations.

7 (3) REPORTING REQUIREMENT.—

8 (A) The President shall ensure that the

9 goals and objectives supporting deployment of

10 United States forces to Somalia and a descrip11 tion of the mission, command arrangements,

12 size, functions, location, and anticipated dura13 tion in Somalia of those forces are clearly ar14 ticulated and provided in a detailed report to the

15 Congress by October 15, 1993.

16 (B) Such report shall include the status of

17 planning to transfer the function contained in

18 paragraph (2).

19 (4) CONGRESSIONAL APPROVAL.—Upon report20 ing under the requirements of paragraph (3) Congress

21 believes the President should by November 15, 1993,

22 seek and receive congressional authorization in order

23 for the deployment of United States forces to Somalia

24 to continue.
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1 SEC. 1068. SENSE OF THE CONGRESS REGARDING ESTAB2 LISHMENT OF AN OFFICE OF ECONOMIC CON3 VERSION INFORMATION WITHIN THE

4 DEPARTMENT OF COMMERCE.

5 (a) FINDINGS.—The Congress makes the following

6 findings:

7 (1) The available Federal resources for defense

8 economic adjustment and conversion assistance are

9 spread among 23 different Federal departments and

10 agencies.

11 (2) Numerous other Federal departments and

12 agencies are involved in related technology reinvest13 ment activities.

14 (3) Workers and communities adversely affected

15 by closures of military installations or decreased

16 spending for national defense often experience dif17 ficulty finding which Federal department or agency is

18 appropriate for providing assistance needed by such

19 workers and communities.

20 (4) Expanded coordination between Federal de21 partments and agencies could greatly improve Federal

22 efforts to assist in defense economic adjustment and

23 conversion.

24 (b) SENSE OF CONGRESS REGARDING ESTABLISH25 MENT OF AN OFFICE OF ECONOMIC CONVERSION INFORMA26 TION.—It is the sense of the Congress that the President
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1 should work with the Congress to establish within the De2 partment of Commerce an Office of Economic Conversion

3 Information which, under the joint direction of the Sec4 retary of Commerce and the Secretary of Defense, would—

5 (1) serve as an information clearinghouse to pro6 vide comprehensive information regarding assistance

7 for communities, workers, and businesses that have

8 been adversely affected by closures of military instal9 lations and reduced spending for national defense;

10 (2) enhance and consolidate existing programs

11 for collecting and disseminating information regard12 ing defense economic adjustment and conversion;

13 (3) be widely publicized as the central point of

14 access for the public on issues related to defense eco15 nomic adjustment and conversion;

16 (4) develop data bases of information, to be

17 available to help communities, businesses, and work18 ers dependent on spending for national defense iden19 tify and apply for assistance from Federal depart20 ments and agencies, including—

21 (A) comprehensive listings and summaries

22 of all major Federal, State, and local economic

23 adjustment and conversion programs;

24 (B) a data base listing information avail25 able to the public regarding major defense con-
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1 tract terminations and closures of military in2 stallations and identifying affected communities,

3 industries, and jobs;

4 (C) listings and summaries of defense con5 version attempts and successes; and

6 (D) relevant reference lists and bibliog7 raphies;

8 (5) provide information to communities, workers,

9 and businesses by such easily accessible and easily

10 used means as toll-free telephone information lines,

11 inexpensive and frequently updated manuals and

12 other print materials, workshops on clearinghouse

13 services, and on-line computer access to clearinghouse

14 information;

15 (6) facilitate a series of community roundtables,

16 involving consultation and briefings with commu17 nities, workers, and businesses adversely affected by

18 closures of military installations and reduced spend19 ing for national defense, to be held annually in all

20 major regions of the United States so affected; and

21 (7) establish a mechanism, coordinated by the

22 Secretary of Commerce and the Secretary of Defense,

23 to ensure adequate cooperation between all Federal

24 departments and agencies that oversee defense eco-
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1 nomic adjustment and conversion assistance pro2 grams.

3 (c) SENSE OF CONGRESS REGARDING EVALUATION

4 AND FUNDING OF THE OFFICE OF ECONOMIC CONVERSION

5 INFORMATION.—It is further the sense of Congress that—

6 (1) after the Office of Economic Conversion In7 formation has been in operation for three years, the

8 Secretary of Commerce and the Secretary of Defense

9 should jointly conduct a comprehensive evaluation of

10 the operations of such office and consider whether the

11 purpose of the office should be modified or the office

12 should be terminated; and

13 (2) the operating expenses for the Office of Eco14 nomic Conversion Information should not exceed

15 $5,000,000 for each of the first three full fiscal years

16 in which the office is in operation.

17 SEC. 1069. TRANSFER OF OBSOLETE DESTROYER TENDER

18 YOSEMITE.

19 (a) AUTHORITY.—Notwithstanding subsections (a)

20 and (c) of section 7308 of title 10, United States Code, but

21 subject to subsection (b) of that section, the Secretary of the

22 Navy may transfer the obsolete destroyer tender Yosemite

23 to the nonprofit organization Ships at Sea for education

24 and drug rehabilitation purposes.
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1 (b) LIMITATIONS.—The transfer authorized by section

2 (a) may be made only if the Secretary determines that the

3 vessel Yosemite is of no further use to the United States

4 for national security purposes.

5 (c) TERMS AND CONDITIONS.—The Secretary may re6 quire such terms and conditions in connection with the

7 transfer authorized by this section as the Secretary consid8 ers appropriate.

9 SEC. 1070. TRANSPORTATION OF CARGOES BY WATER.

10 Chapter 157 of title 10, United States Code, is amend11 ed by inserting a new section 2631a, as follows:

12 ‘‘§ 2631a. Contingency planning

13 ‘‘(a) CONSIDERATION OF PRIVATE CAPABILITIES.—

14 The Secretary of Defense shall ensure that all studies and

15 reports of the Department of Defense, and all actions taken

16 in the Department of Defense, concerning sealift and related

17 intermodal transportation requirements take into consider18 ation the full range of the transportation and distribution

19 capabilities that are available from operators of privately

20 owned United States flag merchant vessels.

21 ‘‘(b) PRIVATE CAPACITIES PRESENTATIONS.—The Sec22 retary shall afford each operator of a vessel referred to in

23 subsection (a), not less often than annually, an opportunity

24 to present to the Department of Defense information on its

25 port-to-port and intermodal transportation capacities.
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1 ‘‘(c) CERTIFICATION REQUIREMENT.—The Secretary

2 shall submit to the Secretary of Transportation, not less

3 often than annually, a certification of compliance with the

4 requirements of subsection (b).’’.

5 SEC. 1071. BURIAL OF REMAINS AT ARLINGTON NATIONAL

6 CEMETERY.

7 (a) ELIGIBILITY.—Under regulations prescribed by the

8 Secretary of the Army, former prisoners of war who, having

9 served honorably in active military, naval, or air service

10 (as determined in accordance with such regulations), die

11 on or after the date of the enactment of this Act shall be

12 eligible for burial in Arlington National Cemetery, Vir13 ginia.

14 (b) SAVINGS PROVISION.—This section may not be

15 construed to make ineligible for burial in Arlington Na16 tional Cemetery any former prisoner of war who was eligi17 ble before the date of the enactment of this Act to be buried

18 in such cemetery.

19 (c) DEFINITION.—In this section, the term ‘‘former

20 prisoner of war’’ has the meaning given such term in sec21 tion 101(32) of title 38, United States Code.
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1 SEC. 1072. SENSE OF THE CONGRESS REGARDING THE JUS2 TIFICATION FOR CONTINUING THE EX3 TREMELY LOW FREQUENCY COMMUNICATION

4 SYSTEM.

5 (a) FINDINGS.—(1) There is a need to re-evaluate all

6 defense spending in light of the post-Cold War era and

7 budget and fiscal constraints;

8 (2) The Extremely Low Frequency Communications

9 System (ELF System) was originally designed to play a

10 role in the strategic deterrence mission against the former

11 Soviet Union;

12 (3) The threat of nuclear war has greatly diminished

13 since the collapse of the Soviet Union;

14 (4) The ELF System is increasingly in use for commu15 nications with our SSN attack submarines in addition to

16 our strategic missile submarines;

17 (5) Military base closing, downsizing of military fa18 cilities and activities, and termination of selected projects

19 are appropriate in light of the end of the Cold War and

20 the approximately $4,000,000,000,000 national debt;

21 (6) It is appropriate to establish funding priorities

22 within the military defense budget; and

23 (7) Ongoing studies of the effects of ELF operations

24 on human health and the environment are due to be con25 cluded next year.
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1 (b) SENSE OF CONGRESS.—Now, therefore, it is the

2 sense of Congress that—

3 (1) the Secretary of Defense should conduct an

4 evaluation of the benefits and costs of continued oper5 ation of the Extremely Low Frequency Communica6 tions System and alternatives thereto, if any;

7 (2) the results of such an evaluation should be

8 submitted to the Congressional Defense Committees

9 prior to consideration of the fiscal year 1995 Defense

10 budget request; and

11 (3) the Extremely Low Frequency Communica12 tion System should again be considered in the next

13 round of military base closures.

14 SEC. 1073. BASING FOR C–130 AIRCRAFT.

15 The Secretary of the Air Force shall determine the unit

16 assignment and basing location for any C–130 aircraft pro17 cured for the Air Force Reserve from funds appropriated

18 for National Guard and Reserve Equipment procurement

19 for fiscal year 1992 or 1993 in such manner as the Sec20 retary determines to be in the best interest of the Air Force.

21 SEC. 1074. IMPORTANCE OF NAVAL OCEANOGRAPHY SUR22 VEY AND RESEARCH IN THE POST-COLD WAR

23 PERIOD.

24 (a) The Senate finds that—
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1 (1) the Oceanographer of the Navy is responsible

2 for the all Navy oceanographic research and survey

3 efforts;

4 (2) oceanographic research and surveys are criti5 cal investments in the Navy’s ability to operate in lit6 toral waters of the world with an increased confidence

7 of operational success;

8 (3) oceanographic surveys enable the Navy to

9 conduct naval operations in greater safety, particu10 larly in littoral waters;

11 (4) the survey of littoral waters is most safely

12 conducted during periods of peace when conflict is not

13 imminent and the risk to lives and ships are dimin14 ished;

15 (5) the Navy has reduced their oceanographic re16 search and survey effort by almost 50 percent over the

17 last five years;

18 (6) this reduction in effort is the result of undis19 tributed budget reductions required by the Comptrol20 ler of the Navy to meet overall Navy budget targets;

21 (7) the number of naval ships dedicated to ocean22 ographic survey and research have been reduced from

23 12 to 7 over the last five years, significantly reducing

24 the Navy’s oceanographic survey capability;

25 (b) Therefore, it is the sense of the Congress that—
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1 (1) additional reductions to the Office of the

2 Oceanographer of the Navy which will further reduce

3 the level of oceanographic survey and research efforts

4 of the Navy should be avoided;

5 (2) a window of opportunity exists which allows

6 near unencumbered access to littoral waters which are

7 now available for surveying and research;

8 (3) committing limited resources to the Navy’s

9 oceanographic research and survey effort should be

10 considered a force multiplier to United States combat

11 forces in future conflicts, particularly in littoral wa12 ters;

13 (4) the Navy should exploit this opportunity to

14 survey and research these critical littoral waters and

15 maintain funding levels for oceanographic surveying

16 and research.

17 SEC. 1075. DIGITAL ELECTRONIC DEVICES.

18 Of the funds authorized to be appropriated pursuant

19 to section 201(1), $24,000,000 may be obligated and ex20 pended for the purposes of demonstrating in field maneu21 vers the integration of digital electronic devices for purposes

22 of command, control, battle management and combat iden23 tification for all major weapon systems contained in a com24 bined arms brigade.
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1 SEC. 1076. RESEARCH ON EXPOSURE TO HAZARDOUS

2 AGENTS AND MATERIALS OF ARMED SERV3 ICES PERSONNEL WHO SERVED IN THE PER4 SIAN GULF WAR.

5 (a) FINDINGS.—Congress makes the following findings:

6 (1) A number of veterans of the Persian Gulf

7 War have reported unexplained illnesses and claim

8 that such illnesses are a consequence of exposure to

9 chemical, biological, radiological, or other hazardous

10 agents or materials as a result of service in Southwest

11 Asia during the Persian Gulf War.

12 (2) Members of the Armed Forces of the former

13 Czechoslovakian Federative Republic who served on a

14 chemical decontamination team in Southwest Asia

15 during the period of the Persian Gulf War have

16 claimed exposure to chemical agents during such serv17 ice, and the Czech Minister of Defense has confirmed

18 that members of that chemical decontamination team

19 detected low levels of nerve gas in that region during

20 that period.

21 (3) Reports indicate that members of the United

22 States Armed Forces who served in Southwest Asia

23 during the Persian Gulf War may have been exposed

24 to combined chemical warfare agents and other haz25 ardous agents and substances during such service.
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1 (4) Such exposure may have occurred directly as

2 a result of attack on such members by Iraqi forces or

3 indirectly as a result of prolonged ‘‘downwind’’ expo4 sure to airborne chemical warfare agents or other haz5 ardous substances that were dispersed as a con6 sequence of the bombing of Iraqi chemical weapons fa7 cilities, nuclear facilities, and other facilities contain8 ing hazardous substances.

9 (5) It is in the interest of the United States that

10 medical professionals providing care to members of

11 the Armed Forces and to veterans understand the na12 ture of the illnesses that such members and veterans

13 may contract in order to ensure that such profes14 sionals have sufficient information to provide proper

15 care to such members and veterans.

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

17 Congress that—

18 (1) one of the threats to international peace and

19 to the interests of the United States in the post-Cold

20 War era is the proliferation of weapons utilizing

21 chemical, biological, radiological, or other hazardous

22 agents or materials;

23 (2) the readiness of the United States to engage

24 in future military conflicts will be directly related to

25 the capability of the United States—
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1 (A) to identify the threat to members of the

2 Armed Forces posed by the utilization of such

3 weapons and the agents and materials utilized

4 in such weapons;

5 (B) to protect such members from the ad6 verse effects of exposure to such agents and mate7 rials; and

8 (C) to treat the casualties that result from

9 the utilization of such weapons and from expo10 sure to such agents and materials; and

11 (3) the Department of Defense is uniquely capa12 ble of conducting research into the sources and effects

13 of exposure of members of the Armed Forces during

14 military conflicts to chemical, biological, radiological,

15 and other hazardous agents and materials.

16 (c) CONTRACT FOR RESEARCH FACILITY AND ACTIVI17 TIES.—(1) Subject to paragraph (2), the Secretary of the

18 Army shall enter into a contract with a hospital or other

19 existing health care or health care research facility in order

20 to ensure that the research referred to in paragraph (3) is

21 carried out.

22 (2)(A) The Secretary shall enter into the contract

23 under paragraph (1) using full and open competition.
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1 (B) The facility referred to in such paragraph shall

2 be affiliated with a medical facility of the Department of

3 Veterans Affairs.

4 (3) The research referred to in paragraph (1) is re5 search into the effects upon humans of exposure to hazard6 ous agents and materials, including chemical and biological

7 warfare agents, toxins, and materials to which members of

8 the Armed Forces may have been exposed as a result of serv9 ice in Southwest Asia during the Persian Gulf War.

10 (4) Humans may not be exposed to hazardous agents

11 or materials as a result of the carrying out of research

12 under this subsection.

13 (d) STUDY ON REPORTS OF EXPOSURE TO HAZARD14 OUS AGENTS AND MATERIALS.—(1) Subject to paragraph

15 (2), the Secretary of Defense shall carry out a study in

16 order to determine the validity and accuracy of claims that

17 members of the Armed Forces who served in Southwest Asia

18 during the Persian Gulf War were exposed to combined

19 chemical warfare agents, biological warfare agents, biologi20 cal toxins, and other unconventional warfare agents or

21 other environmental conditions hazardous to the health of

22 such members as a result of such service. The study shall

23 identify the locations at which such exposure, if any, oc24 curred and the extent, if any, of such exposure.
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1 (2) The study under paragraph (1) shall include an

2 investigation of such exposure directly as a result of attack

3 on such members by Iraqi forces and indirectly as a result

4 of prolonged downwind exposure to such agents and toxins

5 dispersed in consequence of the bombing of Iraqi chemical

6 weapons facilities, nuclear facilities, and other facilities

7 containing hazardous substances.

8 (e) STUDY ON EXPOSURE TO DEPLETED URANIUM.—

9 The Secretary of the Army shall carry out a study of the

10 effects upon humans of exposure to fragments of depleted

11 uranium from weapons rounds that have been fired.

12 (f) PARTICIPATION BY THE DEPARTMENT OF DE13 FENSE.—(1) The Secretary of Defense shall ensure that all

14 elements of the Departments of the Defense, including all

15 chemical and biological warfare defense programs, provide

16 to the facility with which the Secretary of the Army con17 tracts under subsection (c) any information possessed by

18 such elements on the identity and quantity of the chemical,

19 biological, radiological, and other hazardous agents and

20 materials to which members of the Armed Forces may have

21 been exposed as a result of service in Southwest Asia during

22 the Persian Gulf War and on the effects upon humans of

23 such exposure.

24 (2) The Secretary of Defense shall ensure that the ele25 ments of the Department of Defense referred to in para-
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1 graph (1) provide to the persons or entities carrying out

2 the study referred to in subsection (e) information possessed

3 by such elements on the sources and effects of exposure to

4 depleted uranium on the members referred to in paragraph

5 (1).

6 (g) REPORTS TO CONGRESS.—(1) Not later than each

7 of March 1, 1994, and October 1, 1994, the Secretary shall

8 submit to the congressional defense committees an interim

9 report on the results during the year preceding the report

10 of the research and studies, as the case may be, carried out

11 under subsections (c), (d), and (e).

12 (2) The reports submitted under this subsection shall

13 be submitted in an unclassified form but may have a classi14 fied annex.

15 (h) BUDGET INFORMATION.—The Secretary of Defense

16 shall ensure that each budget submitted to the Congress

17 under section 1105 of title 31, United States Code, for a

18 fiscal year in which the contract referred to in subsection

19 (c) is in force, the Secretary carries out the study referred

20 to in subsection (d), or the Secretary carries out the study

21 referred to in subsection (e), as the case may be, contains

22 a request for such funds as the Secretary determines nec23 essary in order to carry out the contract or such studies,

24 as the case may be, during that fiscal year.
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1 (i) FUNDING.—Funds for programs authorized in this

2 section shall be derived from amounts to be appropriated

3 for the Department of Defense.

4 (j) LIMITATION ON EXPENDITURES.—The total

5 amount that may be expended in fiscal year 1994 with re6 spect to activities under this section is as follows:

7 (1) For research activities carried out under sub8 section (c), $2,000,000.

9 (2) For the study carried out under subsection

10 (d), $2,000,000.

11 (3) For the study carried out under subsection

12 (e), $1,700,000.

13 (k) DEFINITION.—In this section, the term ‘‘Persian

14 Gulf War’’ has the meaning given such term in section

15 101(33) of title 38, United States Code.

16 SEC. 1077. SENSE OF CONGRESS RELATING TO THE PRO17 LIFERATION OF SPACE LAUNCH VEHICLE

18 TECHNOLOGIES.

19 (a) FINDINGS.—The Congress finds the following:

20 (1) The United States has joined with other na21 tions in the Missile Technology Control Regime

22 (MTCR) which restricts the transfer of missiles or

23 equipment or technology that could contribute to the

24 design, development or production of missiles capable

25 of delivering weapons of mass destruction.
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1 (2) Missile technology is indistinguishable from

2 and interchangeable with space launch vehicle tech3 nology.

4 (3) Transfers of missile technology or space

5 launch vehicle technology cannot be safeguarded in a

6 manner that would provide timely warning of diver7 sion for military purposes.

8 (4) It has been United States policy since agree9 ing to the guidelines of the Missile Technology Control

10 Regime to treat the sale or transfer of space launch

11 vehicle technology as restrictively as the sale or trans12 fer of missile technology.

13 (5) Previous congressional action on missile pro14 liferation, notably title XVII of the National Defense

15 Authorization Act for Fiscal Year 1991 (Public Law

16 101–510; 104 Stat. 1738), has explicitly supported

17 this policy through such actions as the statutory defi18 nition of the term ‘‘missile’’ to mean ‘‘a category I

19 system as defined in the MTCR Annex, and any other

20 unmanned delivery system of similar capability, as

21 well as the specially designed production facilities for

22 these systems’’.

23 (6) There is strong evidence that emerging na24 tional space launch programs in the Third World are

25 not economically viable.
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1 (7) The United States has successfully dissuaded

2 countries from pursuing space launch vehicle pro3 grams in part by offering to cooperate with them in

4 other areas of space science and technology.

5 (8) The United States has successfully dissuaded

6 other MTCR adherents, and countries who have

7 agreed to abide by MTCR guidelines, from providing

8 assistance to emerging national space launch pro9 grams in the Third World.

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

11 that—

12 (1) the Congress supports the strict interpreta13 tion by the United States of the Missile Technology

14 Control Regime concerning—

15 (A) the inability to distinguish space

16 launch vehicle technology from missile technology

17 under the regime; and

18 (B) the inability to safeguard space launch

19 vehicle technology in a manner that would pro20 vide timely warning of its diversion to military

21 purposes; and

22 (2) the United States and the governments of

23 other nations adhering to the Missile Technology Con24 trol Regime should be recognized for—
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1 (A) the success of such governments in re2 stricting the export of space launch vehicle tech3 nology and of missile technology; and

4 (B) the significant contribution made by the

5 imposition of such restrictions to reducing the

6 proliferation of missile technology capable of

7 being used to deliver weapons of mass destruc8 tion.

9 (c) DEFINITIONS.—In this section:

10 (1) The term ‘‘Missile Technology Control Re11 gime’’ or ‘‘MTCR’’ means the policy statement, be12 tween the United States, the United Kingdom, the

13 Federal Republic of Germany, France, Italy, Canada,

14 and Japan, announced on April 16, 1987, to restrict

15 sensitive missile-relevant transfers based on the

16 MTCR Annex, and any amendments thereto.

17 (2) The term ‘‘MTCR Annex’’ means the Guide18 lines and Equipment and Technology Annex of the

19 Missile Technology Control Regime, and any amend20 ments thereto.

21 SEC. 1078. AMERICAN DIPLOMATIC FACILITIES IN GER22 MANY.

23 (a) No embassy, chancery, or consular facilities in

24 Germany other than the facilities already occuppied as of

25 January 1, 1993 by United States diplomatic personnel
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1 may be purchased, constructed, leased or otherwise occupied

2 unless such facilities are purchased, constructed, modified

3 or leased with funds provided by the German government

4 as an offset for the value of facilities returned by the United

5 States Government to the Government of Germany pursu6 ant to Article 52 of the current Status of Forces Agreement

7 with the Government of Germany.

8 (b) The Secretary of State or his representative may

9 not enter into any legal instrument to purchase, construct,

10 modify or lease any facility in Germany acquired pursuant

11 to subsection (a) of this section until the Secretary of De12 fense certifies that the United States Government has re13 ceived or is scheduled to receive cash payments or offsets14 in-kind of a value not less than 50 percent of the value of

15 the facilities returned by the United States Government to

16 the Government of Germany pursuant to Article 52 of the

17 current Status of Forces Agreement with the Government

18 of Germany.

19 SEC. 1079. EFFECTIVE DATE FOR CHANGES IN SERVICE20 MEN’S GROUP LIFE INSURANCE PROGRAM.

21 (a) USE OF INTERNATIONAL DATE LINE.—Section

22 1967 of title 38, United States Code, is amended by adding

23 at the end the following new subsection:

24 ‘‘(f) The effective date and time for any change in bene25 fits under the Servicemen’s Group Life Insurance Program
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1 shall be based on the date and time according to the time

2 zone immediately west of the International Date Line.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply with respect to amendments to chap5 ter 19 of title 38, United States Code, that take effect after

6 November 29, 1992.

7 SEC. 1080. AWARD OF THE NAVY EXPEDITIONARY MEDAL.

8 It is the sense of the Senate that the Secretary of the

9 Navy should direct that members who served in Task Force

10 16, culminating in the air-raid commonly known as the

11 ‘‘Doolittle raid on Tokyo’’, during April 1942, be awarded

12 the Navy Expeditionary Medal for such service.

13 SEC. 1081. REPORT ON MILITARY FOOD DISTRIBUTION

14 PRACTICES.

15 (a) FINDINGS.—The Congress makes the following

16 findings:

17 (1) The Defense Personnel Support Center, a

18 component of the Defense Logistics Agency (DLA),

19 purchases more than 90 percent of the food supplied

20 to military ‘‘end-users’’ such as dining halls, hospitals

21 and other facilities that feed troops.

22 (2) Semiperishable items, such as canned goods,

23 are stored in four DLA depots. Perishable items, in24 cluding fresh and frozen vegetables, fruits, and meats,
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1 are stored in 21 contractor-operated Defense Subsist2 ence Offices.

3 (3) Private sector end-users, including independ4 ent restaurants, hospitals, and hotels, obtain their

5 food through direct delivery from distributors.

6 (4) A Department of Defense comprehensive in7 ventory reduction plan, issued in May 1990, stated

8 that ‘‘where DoD requirements can be met through

9 commercial distribution systems in a timely and cost10 effective fashion, no value is added by pushing items

11 through the DoD warehousing systems.’’.

12 (5) A June 1993 GAO report determined that the

13 Department of Defense could achieve substantial cost

14 savings by expanding the use of private sector food

15 distributors and practices in the military food supply

16 system.

17 (b) REVIEW REQUIRED.—The Secretary of Defense

18 shall conduct a review which evaluates the feasibility and

19 economic benefits resulting from the expanded use of full20 line distributors to deliver food directly to military end21 users. The review should address whether the expanded use

22 of distributors could reduce depot storage of food (except for

23 war reserve stocks and items bound for overseas), and elimi24 nates the requirement for Defense Subsistence Offices and

25 certain base warehouse activities. The review should include
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1 a cost comparison of the Department of Defense supply sys2 tem with the costs of commercial distributors. The review

3 should also consider what obstacles may exist that would

4 hinder the Department of Defense’s ability to procure com5 mercial items and institute commercial logistics practices.

6 (c) REPORT.—Not later than March 1, 1994, the Sec7 retary shall submit to the congressional defense committees

8 a report on his findings from the review together with any

9 recommendations.

10 SEC. 1082. PREVENTION OF ENTRY INTO THE UNITED

11 STATES OF CERTAIN FORMER MEMBERS OF

12 THE IRAQI ARMED FORCES.

13 It is the sense of the Senate that no person who was

14 a member of the armed forces of Iraq during the period from

15 August 2, 1990 through February 28, 1991 and who is in

16 a refugee camp in Saudi Arabia as of the date of enactment

17 of this Act shall be granted entry into the United States

18 under the Immigration and Nationality Act, as amended,

19 unless the President certifies to Congress prior to such entry

20 that such person—

21 (1) assisted the United States or coalition armed

22 forces after defection from the armed forces of Iraq or

23 after capture by the United States or coalition armed

24 forces; and
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1 (2) did not commit or assist in the commission

2 of war crimes.

3 SEC. 1083. SHORT TITLE.

4 Sections 1083, 1084, and 1085 may be cited as ‘‘NATO

5 Review Requirements’’.

6 SEC. 1084. FINDINGS; POLICY.

7 (a) FINDINGS.—The Congress finds that—

8 (1) the North Atlantic Treaty Organization

9 (NATO) has successfully met the challenge of helping

10 to maintain the peace, security and freedom of the

11 United States and its NATO allies for more than

12 forty years;

13 (2) the national security interests of the United

14 States have been well served by the process of con15 sultation, coordination, and military cooperation in

16 the NATO framework;

17 (3) recent history has witnessed radical changes

18 in the international security environment, including

19 the fall of the Berlin Wall, the unification of Ger20 many, the disbanding of the Warsaw Pact and the

21 disintegration of the Soviet Union;

22 (4) the military threats which NATO was estab23 lished to deter have receded with the end of the Cold

24 War, calling into question both the future value of the
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1 alliance and the rationale for United States military

2 deployments in Europe;

3 (5) the post-Cold War security situation contin4 ues to present a wide array of challenges to United

5 States national interests, many of which interests the

6 United States shares with its allies in Europe and

7 Canada;

8 (6) the international community may prove ca9 pable of deterring many threats to the common peace

10 if it can respond decisively to aggression;

11 (7) the United States must share the burden of

12 its international security commitments with other na13 tions if it is to tend to the needs of its own citizens

14 in a responsible fashion;

15 (8) several of the newly democratic nations of

16 Central and Eastern Europe have expressed interest

17 in seeking membership in NATO;

18 (9) many of the security challenges facing the

19 post-Cold War world would be best handled through

20 coherent multilateral responses;

21 (10) the United States should never send its

22 military forces into combat unless they are provided

23 with the best opportunity to accomplish their objec24 tives with as little risk as possible;
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1 (11) military interventions against antagonistic

2 armed forces cannot be conducted safely or effectively

3 on a multilateral basis unless such operations are

4 jointly planned in advance and are executed by units

5 which have trained together and are familiar with

6 each others operational procedures;

7 (12) NATO is currently the only organization

8 with the experience, trained staff and infrastructure

9 necessary to support military cooperation with the

10 major military allies of the United States;

11 (13) the NATO allies already have volunteered to

12 consider requests from the United Nations and the

13 Conference on Security and Cooperation in Europe

14 for assistance in maintaining the peace;

15 (14) justification of the relevance of NATO in the

16 post-Cold War world will depend largely upon the al17 liance’s ability to adapt its mission and procedures to

18 the new security environment;

19 (15) justification of future United States support

20 for the alliance and for a United States military

21 presence in Europe will depend upon NATO’s ability

22 to address those security interests which the United

23 States shares with its allies in Europe and Canada;

24 (16) a summit meeting of the NATO heads of

25 state, which has been scheduled for January 1994,
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1 would present an excellent opportunity for the Presi2 dent of the United States to articulate a new, broader

3 security mission for the alliance in the post-Cold War

4 world, one which will enable it to address a wider

5 array of threats to its members’ interests and which

6 will help to share more effectively the burden of inter7 national security requirements.

8 (b) POLICY.—It is the sense of the Congress that—

9 (1) old threats to the security of the United

10 States and its allies in the North Atlantic Treaty Or11 ganization have retreated radically but new, more di12 verse challenges have arisen in the form of ethno-reli13 gious conflict in Central and Eastern Europe and the

14 proliferation of weapons of mass destruction in re15 gions proximate to alliance territory and NATO’s

16 mission must be redefined so that it may respond to

17 such challenges to its members’ security even when

18 those challenges emanate from beyond the geographic

19 boundaries of its members’ territories;

20 (2) future United States military involvement

21 in, and contributions to, NATO should be determined

22 in relation to the alliance’s success or failure in

23 adapting itself to confronting the challenges of the

24 post-Cold War world.
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1 SEC. 1085. REPORT.

2 Within 30 calendar days of the enactment of this legis3 lation, the President, in consultation with the Secretary of

4 State and the Secretary of Defense, shall send a report to

5 the Armed Services Committees of the United States Senate

6 and House of Representatives and to the Foreign Relations

7 Committee of the United States Senate and the Foreign Af8 fairs Committee of the House of Representatives. This report

9 should contain recommendations on—

10 (1) the manner in which NATO can formulate

11 and implement a strategy to address the new, more

12 disparate threats to the security of its members;

13 (2) the feasibility of having NATO conduct secu14 rity operations beyond the geographic boundaries of

15 the alliance;

16 (3) the manner in which NATO should restruc17 ture its forces, training and equipment for the new se18 curity environment;

19 (4) the desirability of expanding the alliance to

20 include either traditionally neutral nations or the

21 new democratic nations of Eastern or Central Europe

22 who wish to join NATO;

23 (5) the proper size and composition of United

24 States forces to be deployed in Europe to assist in the

25 implementation of NATO’s new mandate and possible

26 reduction in United States military deployments in
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1 Europe in the event of the alliance’s failure to adopt

2 a new mandate;

3 (6) the structure and organization of NATO

4 headquarters, with particular attention to the need to

5 reinvigorate the NATO Military Committee;

6 (7) the desirability of having additional NATO

7 forces train in North America in a manner support8 ive of NATO’s proposed new strategy;

9 (8) the structure of NATO’s military command,

10 with particular attention to the need to make NATO’s

11 Rapid Reaction Force a credible deterrent to regional

12 aggression;

13 (9) the levels of United States, European and

14 Canadian defense budgets and their ability to finance

15 forces consistent with the implementation of NATO’s

16 new mandate.

17 SEC. 1086. LOCATION OF JOINT WARFIGHTING SIMULATION

18 CENTER.

19 The Secretary of Defense shall provide that the Joint

20 Warfighting Simulation Center, established by the Sec21 retary on July 1, 1993, be located with the Army Training

22 and Doctrine Command at Fort Monroe, Virginia.
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1 SEC. 1087. SANCTIONS AGAINST SERBIA AND

2 MONTENEGRO.

3 (a) CODIFICATION OF EXECUTIVE BRANCH SANC4 TIONS.—The sanctions against Serbia and Montenegro de5 scribed in the following directives of the executive branch

6 of Government are hereby enacted into law:

7 (1) Executive Order 12808 of May 30, 1992, as

8 continued in effect on May 25, 1993.

9 (2) Executive Order 12810 of June 5, 1992.

10 (3) Executive Order 12831 of January 15, 1993.

11 (4) Executive Order 12846 of April 25, 1993.

12 (5) Department of State Public Notice 1427, ef13 fective July 11, 1991.

14 (6) Proclamation 6389 of December 5, 1991 (56

15 Fed. Register 64467).

16 (7) Department of Transportation Order 92–5–

17 38 of May 20, 1992.

18 (8) Federal Aviation Administration action of

19 June 19, 1992 (14 C.F.R. Part 91).

20 (b) PROHIBITION ON ASSISTANCE.—(1) No funds ap21 propriated or otherwise made available by law may be obli22 gated or expended for Serbia or Montenegro.

23 (2) The prohibition of paragraph (1) includes funds

24 which were obligated but not expended under any law en25 acted before the date of enactment of this Act.
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1 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The

2 Secretary of the Treasury shall instruct the United States

3 executive director of each international financial institu4 tion to use the voice and vote of the United States to oppose

5 any assistance of the respective institutions to Serbia or

6 Montenegro.

7 (d) EXCEPTION.—Notwithstanding any other provi8 sion of law, the President is authorized and encouraged to

9 exempt from sanctions imposed against the Republic of Ser10 bia and the Republic of Montenegro those United States11 supported programs, projects, or activities involving reform

12 of the electoral process, or the development of democratic

13 institutions or democratic political parties, in these two

14 countries.

15 (e) WAIVER.—(1) Notwithstanding any other provi16 sion of this section (other than paragraph (2)), the Presi17 dent may waive the application, in whole or in part, of

18 any sanction or prohibition contained in this section if the

19 President determines, and so certifies to Congress, that it

20 would be in the national interest of the United States to

21 do so.

22 (2) The waiver authority of paragraph (1) may not

23 be used to waive any sanction or prohibition in subsections

24 (a), (b), and (c) unless the territory of Bosnia-Hercegovina,

25 as recognized by the United States on April 2, 1992, is con-
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1 trolled by a government of Bosnia-Hercegovina recognized

2 by the United States, and that government or its people,

3 are not subject to military action in or against it by Serbia

4 and Montenegro or Bosnian Serbian forces.

5 SEC. 1088. ENVIRONMENTAL EDUCATION OPPORTUNITIES

6 PROGRAM.

7 (a) PROGRAM REQUIRED.—(1)(A) Not later than 180

8 days after the date of the enactment of this Act, the Sec9 retary of Defense, in consultation with the Administrator

10 of the Environmental Protection Agency and the Secretary

11 of Energy, shall establish a scholarship program for edu12 cation and training for qualified individuals in order to

13 enable such individuals to acquire career training in envi14 ronmental engineering, environmental sciences, or environ15 mental project management in fields related to hazardous

16 waste management and cleanup.

17 (B) The program established pursuant to subpara18 graph (A) may include educational activities and training

19 related to—

20 (i) site remediation;

21 (ii) site characterization;

22 (iii) hazardous waste management;

23 (iv) hazardous waste reduction;

24 (v) recycling;

25 (vi) process and materials engineering;
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1 (vii) training for positions related to environ2 mental engineering, environmental sciences, or envi3 ronmental project management (including training

4 for management positions); and

5 (viii) environmental engineering with respect to

6 the construction of facilities to address the items de7 scribed in clauses (i) through (vii).

8 (C) The program established pursuant to subpara9 graph (A) shall include educational activities designed for

10 personnel participating in a program to achieve specializa11 tion in the following fields:

12 (i) Earth sciences.

13 (ii) Chemistry.

14 (iii) Chemical Engineering.

15 (iv) Environmental engineering.

16 (v) Statistics.

17 (vi) Toxicology.

18 (vii) Industrial hygiene.

19 (viii) Health physics.

20 (ix) Environmental project management.

21 (b) FUNDING.—(1) From amounts appropriated pur22 suant to this authorization, the Secretary of Defense shall

23 award scholarships to individuals described in paragraph

24 (g)(5) to attend programs at the hazardous substance re25 search centers institutions of higher education at both un-
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1 dergraduate and graduate levels which lead to the awarding

2 of an academic degree or a certification that is supple3 mental to an academic degree.

4 (c) REPAYMENT.—(1) Any individual receiving edu5 cational assistance from the United States under the pro6 gram carried out under this section shall agree to pay to

7 the United States the total amount of the educational assist8 ance provided to the individual by the United States under

9 the program, plus interest at the rate prescribed in para10 graph (4), if the individual does not complete the edu11 cational program for which the assistance is provided.

12 (2) If an individual fails to pay to the United States

13 the total amount required pursuant to paragraph (1), in14 cluding the interest, at the rate prescribed in paragraph

15 (4), the unpaid amount shall be recoverable by the United

16 States from the individual or his estate by—

17 (A) in the case of an individual who is an em18 ployee of the United States, set off against accrued

19 pay, compensation, amount of retirement credit, or

20 other amount due the employee from the United

21 States; and

22 (B) such other method as is provided by law for

23 the recovery of amounts owing to the United States.

24 (3) The Secretary of Defense may waive in whole or

25 in part a required repayment under this subsection if the
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1 Secretary of Defense determines that the recovery would be

2 against equity and good conscience or would be contrary

3 to the best interests of the United States.

4 (4) The total amount of educational assistance pro5 vided to an individual under a program carried out under

6 subsection (a) shall, for purposes of repayment under this

7 section, bear interest at the applicable rate of interest under

8 section 427A(c) of the Higher Education Act of 1965 (20

9 U.S.C. 1077a(c)).

10 (d) COORDINATION OF BENEFITS.—Any educational

11 assistance provided to an individual under the program

12 carried out under subsection (a) shall be taken into account

13 in determining the eligibility of that individual for Federal

14 student financial assistance provided under title IV of the

15 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

16 (e) COST AND FUNDING.—The cost of carrying out the

17 program required by this section may not exceed $8,000,000

18 in any fiscal year.

19 (f) REPORT TO CONGRESS.—Not later than January

20 1, 1995, the Secretary of Defense, in consultation with the

21 Secretary of Energy and the Administrator of the Environ22 mental Protection Agency, shall submit to the Congress a

23 report on activities undertaken under the program estab24 lished under this section and recommendations for future

25 activities under the program.
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1 (g) DEFINITIONS.—In this section:

2 (1) The term ‘‘Administrator’’ means the Admin3 istrator of the Environmental Protection Agency.

4 (2) The term ‘‘hazardous substance research cen5 ters’’ means the hazardous substance research centers

6 described in section 311(d) of the Comprehensive En7 vironmental Response, Compensation, and Liability

8 Act of 1980 (42 U.S.C. 9660(d)). Such term includes

9 the Great Plains and Rocky Mountain Hazardous

10 Substance Research Center, the Northeast Hazardous

11 Substance Research Center, the Great Lakes and Mid12 Atlantic Hazardous Substance Research Center, the

13 South and Southwest Hazardous Substance Research

14 Center, and the Western Region Hazardous Substance

15 Research Center.

16 (3) The term ‘‘hazardous waste’’ means—

17 (A) waste listed as hazardous waste pursu18 ant to subtitle C of the Solid Waste Disposal Act

19 (42 U.S.C. 6921 et seq.);

20 (B) radioactive waste; and

21 (C) mixed waste.

22 (4) The term ‘‘mixed waste’’ means waste that

23 contains a mixture of waste described in subpara24 graphs (A) and (B) of paragraph (3).
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1 (5) INDIVIDUALS ELIGIBLE FOR TRAINING, ASSIST2 ANCE, AND SERVICES.—

3 (1) CERTAIN MEMBERS OF THE ARMED

4 FORCES.—A member of the Armed Forces shall be eli5 gible for training, adjustment assistance, and employ6 ment services under this section if the member—

7 (A) was on active duty or full-time Na8 tional Guard duty on September 30, 1990;

9 (B) during the 5-year period beginning on

10 that date—

11 (i) is involuntarily separated (as de12 fined in section 1141 of title 10, United

13 States Code) from active duty or full-time

14 National Guard duty; or

15 (ii) is separated from active duty or

16 full-time National Guard duty pursuant to

17 a special separation benefits program under

18 section 1174a of title 10, United States

19 Code, or the voluntary separation incentive

20 program under section 1175 of that title;

21 (C) is not entitled to retired or retainer pay

22 incident to that separation; and

23 (D) applies for such training, adjustment

24 assistance, or employment services before the end
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1 of the 180-day period beginning on the date of

2 that separation.

3 (2) CERTAIN DEFENSE EMPLOYEES.—

4 (A) IN GENERAL.—Except as provided in

5 subparagraph (B), a civilian employee of the De6 partment of Defense or the Department of En7 ergy shall be eligible for training, adjustment as8 sistance, and employment services under this sec9 tion if the employee—

10 (i) during the 5-year period beginning

11 on October 1, 1992, is terminated or laid off

12 (or receives a notice of termination or lay

13 off) from such employment as a result of re14 ductions in defense spending, as determined

15 by the Secretary of Defense or the Secretary

16 of Energy, except that, in the case of a no17 tice of termination or lay off, the eligibility

18 of the employee shall not begin until 180

19 days before the projected date of the termi20 nation or lay off; and

21 (ii) is not entitled to retired or re22 tainer pay incident to that termination or

23 lay off.

24 (B) SPECIAL RULE FOR CIVILIAN EMPLOY25 EES OF THE DEPARTMENT OF DEFENSE EM-
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1 PLOYED AT CERTAIN MILITARY INSTALLA2 TIONS.—

3 (i) IN GENERAL.—A civilian employee

4 of the Department of Defense employed at a

5 military installation being closed or re6 aligned under the laws referred to in clause

7 (ii) shall be eligible for training, adjustment

8 assistance, and employment services under

9 this section beginning on the date on which

10 such employee receives actual notice of ter11 mination, or the date determined by the

12 Secretary of Defense under clause (iii),

13 whichever occurs earlier.

14 (ii) CERTAIN DEFENSE LAWS.—The

15 laws referred to in this clause are—

16 (I) the Defense Base Closure and

17 Realignment Act of 1990 (part A of

18 title XXIX of Public Law 101–510; 10

19 U.S.C. 2687 note); and

20 (II) title II of the Defense Author21 ization Amendments and Base Closure

22 and Realignment Act (Public Law

23 100–526; 10 U.S.C. 2687 note).

24 (iii) DATE.—The date determined

25 under this clause is the date that is 24
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1 months before the date on which the mili2 tary installation is to be closed or the re3 alignment of the installation is to be com4 pleted, as the case may be.

5 (6) The term ‘‘radioactive waste’’ means solid,

6 liquid, or gaseous material that contains radio7 nuclides regulated under the Atomic Energy Act of

8 1954 (42 U.S.C. 2011 et seq.) of negligible economic

9 value (considering the cost of recovery).

10 SEC. 1089. MEDICAL LASER BURN TREATMENT.

11 Of the funds authorized to be appropriated in section

12 201(1), $2,000,000 shall be available to continue the sup13 port of advanced laser burn treatment diagnostics and

14 therapeutic research under the Army’s medical research

15 program.

16 SEC. 1090. TECHNICAL AND CLERICAL AMENDMENTS.

17 (a) MISCELLANEOUS AMENDMENTS TO TITLE 10,

18 UNITED STATES CODE.—Title 10, United States Code, is

19 amended as follows:

20 (1) Section 401 is amended by striking out sub21 section (f).

22 (2) Section 1408 is amended—

23 (A) in subsections (b)(1)(A), (f)(1), and

24 (f)(2), by striking out ‘‘subsection (h)’’ and in25 serting in lieu thereof ‘‘subsection (i)’’; and
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1 (B) in subsection (h)(4)(B), by inserting

2 ‘‘of’’ after ‘‘of that termination’’.

3 (3) Section 1605(a) is amended by striking out

4 ‘‘(50 U.S.C. 403 note)’’ and inserting in lieu thereof

5 ‘‘(50 U.S.C. 2153)’’.

6 (4) Section 1804(b)(1) is amended by striking

7 out ‘‘his or her’’ and inserting in lieu thereof ‘‘the vol8 unteer’s’’.

9 (5) Section 2031(a)(1) is amended in the second

10 sentence by striking out ‘‘Not more than 200 units

11 may be established by all of the military departments

12 each year, and the’’ and by inserting in lieu thereof

13 ‘‘The’’.

14 (6) Section 2305(b)(4)(A) is amended by realign15 ing clauses (i) and (ii) so that they are indented two

16 ems from the left margin.

17 (7) Subsections (a), (e), and (g) of section 2371

18 are amended by striking out ‘‘Defense Advanced Re19 search Projects Agency’’ and inserting in lieu thereof

20 ‘‘Advanced Research Projects Agency’’.

21 (8) Section 2469 is amended by striking out ‘‘,

22 prior to any such change,’’.

23 (9)(A) Section 2490a is transferred to the end of

24 chapter 165, redesignated as section 2783, and

25 amended—
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1 (i) in subsection (b)(2)—

2 (I) by striking out ‘‘title 10, United

3 States Code’’ and inserting in lieu thereof

4 ‘‘this title’’;

5 (II) by striking out the comma after

6 ‘‘Justice)’’; and

7 (III) by striking out ‘‘of such title’’

8 and inserting in lieu thereof ‘‘of this title’’;

9 and

10 (ii) in subsection (c)(1), by striking out

11 ‘‘Armed Forces’’ and inserting in lieu thereof

12 ‘‘armed forces’’.

13 (B) The table of sections at the beginning of

14 chapter 147 is amended by striking out the item re15 lating to section 2490a.

16 (C) The table of sections at the beginning of

17 chapter 165 is amended by adding at the end the fol18 lowing new item:

‘‘2783. Nonappropriated fund instrumentalities: financial management and use of

nonappropriated funds.’’.

19 (10) Section 2491 is amended—

20 (A) in paragraph (2), by striking out ‘‘non21 military application’’ and inserting in lieu

22 thereof ‘‘nonmilitary applications’’; and
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1 (B) in paragraph (8), by striking out ‘‘sub2 section (f)’’ and inserting in lieu thereof ‘‘sub3 section (b)(4)’’.

4 (11) Section 2501(b)(2) is amended by striking

5 out ‘‘and thereby free up capital’’ and inserting in

6 lieu thereof ‘‘that, by reducing the public sector de7 mand for capital, increases the amount of capital

8 available’’.

9 (12) Section 2513 is amended—

10 (A) in subsection (b), by striking out ‘‘ELI11 GIBLE CENTERS.—’’ and inserting in lieu thereof

12 ‘‘ELIGIBLE ALLIANCES.—’’; and

13 (B) in subsection (c)(2)(B)—

14 (i) by striking out ‘‘two’’ in clause (ii)

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

16 (ii) by redesignating the clause (iii)

17 added by section 4223(d) of Public Law

18 102–484 (106 Stat. 2681) as clause (iv);

19 and

20 (iii) by striking out ‘‘an’’ in clause

21 (iv), as so redesignated, and inserting in

22 lieu thereof ‘‘An’’.

23 (13) Section 2771 is amended—

24 (A) in subsection (a), by striking out ‘‘who

25 dies after December 31, 1955’’; and
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1 (B) in subsection (b), by striking out ‘‘for

2 the’’ and all that follows and inserting in lieu

3 thereof ‘‘for the uniformed services.’’.

4 (14) Section 9315 is amended—

5 (A) in subsection (b), by striking out ‘‘Air

6 Training Command’’ and inserting in lieu there7 of ‘‘Air Education and Training Command’’;

8 and

9 (B) in subsection (c), by striking out ‘‘Air

10 Force Training Command’’ and inserting in lieu

11 thereof ‘‘Air Education and Training Command

12 of the Air Force’’.

13 (b) SUBSECTION HEADINGS.—

14 (1) Section 2507 of title 10, United States Code,

15 is amended—

16 (A) in subsection (a), by inserting ‘‘AU17 THORITY.—’’ after ‘‘(a)’’;

18 (B) in subsection (b), by inserting ‘‘CONDI19 TION FOR USE OF AUTHORITY.—’’ after ‘‘(b)’’;

20 (C) in subsection (c), by inserting ‘‘PEN21 ALTY FOR NONCOMPLIANCE.—’’ after ‘‘(c)’’;

22 (D) in subsection (d), by inserting ‘‘LIMITA23 TIONS ON DISCLOSURE OF INFORMATION.—’’

24 after ‘‘(d)’’;
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1 (E) in subsection (e), by inserting ‘‘REGU2 LATIONS.—’’ after ‘‘(e)’’; and

3 (F) in subsection (f), by inserting ‘‘DEFINI4 TIONS.—’’ after ‘‘(f)’’.

5 (2) Section 2523 of such title is amended—

6 (A) in subsection (a), by inserting ‘‘IN GEN7 ERAL.—’’ after ‘‘(a)’’; and

8 (B) in subsection (b), by striking out

9 ‘‘(b)(1)’’ and inserting in lieu thereof ‘‘(b) PRO10 GRAM REQUIREMENTS.—(1)’’.

11 (c) AMENDMENTS TO PUBLIC LAW 102–484.—Public

12 Law 102–484 is amended as follows:

13 (1) Section 1051(b)(2) (106 Stat. 2498) is

14 amended—

15 (A) by striking out ‘‘ ‘section 101(47) of title

16 10,’ ’’ and inserting in lieu thereof ‘‘ ‘section

17 101(47) of title 10’ ’’; and

18 (B) by striking out ‘‘ ‘section 101 of title

19 10,’ ’’ and inserting in lieu thereof ‘‘ ‘section 101

20 of title 10’ ’’.

21 (2) Section 1313(2) (106 Stat. 2548) is amended,

22 effective as of October 23, 1992, by striking out

23 ‘‘ ‘structure and’ ’’ and inserting in lieu thereof

24 ‘‘ ‘structure, and’ ’’.
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1 (3) Section 1365 (106 Stat. 2561) is amended by

2 striking out ‘‘(e) DEFINITION.—’’ and inserting in

3 lieu thereof ‘‘(d) DEFINITION.—’’.

4 (4) Section 1441 (106 Stat. 2566) is amended in

5 the matter preceding paragraph (1) by striking out

6 ‘‘the FREEDOM Support Act of 1992’’ and inserting

7 in lieu thereof ‘‘the Freedom for Russia and Emerg8 ing Eurasian Democracies and Open Markets Sup9 port Act of 1992 (Public Law 102–511; 106 Stat.

10 3345; 22 U.S.C. 5861)’’.

11 (5) Section 1505(e)(2) (106 Stat. 2571) is

12 amended by striking out ‘‘(d)(2)’’ in the matter pre13 ceding subparagraph (A) and inserting in lieu thereof

14 ‘‘(d)(4)’’.

15 (6) Section 1828 (106 Stat. 2585; 36 U.S.C.

16 5108) is amended by striking out ‘‘board of the direc17 tors’’ and inserting in lieu thereof ‘‘board of direc18 tors’’.

19 (d) CROSS REFERENCE AMENDMENTS IN OTHER

20 LAWS.—

21 (1) Effective as of December 19, 1991, section 12

22 of the Coast Guard Authorization Act of 1991 (Public

23 Law 102–241; 105 Stat. 2213) is amended by striking

24 out ‘‘Section 406(b)(2)(E) of title 37,’’ and inserting

25 in lieu thereof ‘‘Section 406(b)(1)(E) of title 37,’’.
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1 (2) Section 3(c)(2) of Public Law 101–533 (22

2 U.S.C. 3142) is amended by striking out ‘‘section

3 2522 of title 10’’ and inserting in lieu thereof ‘‘section

4 2506 of title 10’’.

5 (3) Section 109(17) of the Ethics in Government

6 Act of 1978 (5 U.S.C. App.) is amended by striking

7 out ‘‘section 101(8) of title 10’’ and inserting in lieu

8 thereof ‘‘section 101(a)(9) of title 10’’.

9 (4) Section 179(a)(2)(B) of the National and

10 Community Service Act of 1990 (42 U.S.C.

11 12639(a)(4)) is amended by striking out ‘‘section

12 101(4) of title 10,’’ and inserting in lieu thereof ‘‘sec13 tion 101(a)(4) of title 10,’’.

14 SEC. 1091. TERMINATION OF CERTAIN DEPARTMENT OF DE15 FENSE REPORTING REQUIREMENTS.

16 Not later than April 30, 1994, the Secretary of Defense

17 shall submit to the Armed Services Committees of the Sen18 ate and House of Representatives a list of the reports re19 quired of the Department of Defense by law on that date

20 that the Secretary determines are unnecessary or incompat21 ible with the efficient management of the Department of De22 fense. Unless otherwise provided by a law enacted after the

23 date of the enactment of this Act, the requirement for the

24 submittal to Congress of any report included in the list sub25 mitted under this section shall expire on October 30, 1995.
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1 SEC. 1092. REPORTS RELATING TO CERTAIN SPECIAL AC2 CESS PROGRAMS AND SIMILAR PROGRAMS.

3 (a) IN GENERAL.—(1) Not later than February 1 of

4 each year, the head of each covered department or agency

5 shall submit to the appropriate oversight committees a re6 port on each special access program carried out in the de7 partment or agency.

8 (2) Each such report shall set forth—

9 (A) the total amount requested by the depart10 ment or agency for special access programs within the

11 budget submitted under section 1105 of title 31, Unit12 ed States Code, for the fiscal year following the fiscal

13 year in which the report is submitted; and

14 (B) for each program in such budget that is a

15 special access program—

16 (i) a brief description of the program;

17 (ii) in the case of a procurement program,

18 a brief discussion of the major milestones estab19 lished for the program;

20 (iii) the actual cost of the program for each

21 fiscal year during which the program has been

22 conducted before the fiscal year during which

23 that budget is submitted; and

24 (iv) the estimated total cost of the program

25 and the estimated cost of the program for (I) the

26 current fiscal year, (II) the fiscal year for which
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1 the budget is submitted, and (III) each of the

2 four succeeding fiscal years during which the

3 program is expected to be conducted.

4 (b) NEWLY DESIGNATED PROGRAMS.—(1) Not later

5 than February 1 of each year, the head of each covered de6 partment or agency shall submit to the appropriate over7 sight committees a report that, with respect to each new

8 special access program, provides—

9 (A) notice of the designation of the program as

10 a special access program;

11 (B) justification for such designation; and

12 (C) the current estimate of the total program cost

13 for the program.

14 (2) In this subsection, the term ‘‘new special access

15 program’’ means a special access program that has not pre16 viously been covered in a notice and justification under this

17 subsection.

18 (c) REVISION IN CLASSIFICATION OF PROGRAMS.—(1)

19 Whenever a change in the classification of a special access

20 program of a covered department or agency is planned to

21 be made or whenever classified information concerning a

22 special access program of a covered department or agency

23 is to be declassified and made public, the head of the depart24 ment or agency shall submit to the appropriate oversight

25 committees a report containing a description of the pro-
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1 posed change or the information to be declassified, the rea2 sons for the proposed change or declassification, and notice

3 of any public announcement planned to be made with re4 spect to the proposed change or declassification.

5 (2) Except as provided in paragraph (3), a report re6 ferred to in paragraph (1) shall be submitted not less than

7 14 days before the date on which the proposed change, de8 classification, or public announcement is to occur.

9 (3) If the head of the department or agency determines

10 that because of exceptional circumstances the requirement

11 of paragraph (2) cannot be met with respect to a proposed

12 change, declassification, or public announcement concern13 ing a special access program of the department or agency,

14 the head of the department or agency may submit the report

15 required by paragraph (1) regarding the proposed change,

16 declassification, or public announcement at any time before

17 the proposed change, declassification, or public announce18 ment is made and shall include in the report an expla19 nation of the exceptional circumstances.

20 (d) REVISION OF CRITERIA FOR DESIGNATING PRO21 GRAMS.—Whenever there is a modification or termination

22 of the policy and criteria used for designating a program

23 of a covered department or agency as a special access pro24 gram, the head of the department or agency shall promptly

25 notify the appropriate oversight committees of such modi-
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1 fication or termination. Any such notification shall contain

2 the reasons for the modification or termination and, in the

3 case of a modification, the provisions of the policy as modi4 fied.

5 (e) WAIVER OF REPORTING REQUIREMENT.—(1) The

6 head of a covered department or agency may waive any

7 requirement under subsection (a), (b), or (c) that certain

8 information be included in a report under that subsection

9 if the head of the department or agency determines that in10 clusion of that information in the report would adversely

11 affect the national security. Any such waiver shall be made

12 on a case-by-case basis.

13 (2) If the head of a department or agency exercises the

14 authority provided under paragraph (1), the head of the

15 department or agency shall provide the information de16 scribed in that subsection with respect to the special access

17 program concerned, and the justification for the waiver,

18 jointly to the chairman and ranking minority member of

19 each of the appropriate oversight committees.

20 (f) INITIATION OF PROGRAMS.—A special access pro21 gram may not be initiated until—

22 (1) the appropriate oversight committees are no23 tified of the program; and

24 (2) a period of 30 days elapses after such notifi25 cation is received.
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1 (g) DEFINITIONS.—In this Act:

2 (1) The term ‘‘appropriate oversight commit3 tees’’, in the case of a special access program carried

4 out in a covered department or agency, means—

5 (A) each committee of the Senate and the

6 committee of the House of Representatives having

7 jurisdiction over legislation that authorizes the

8 program, as determined under the Standing

9 Rules of the Senate and the Rules of the House

10 of Representatives, respectively; and

11 (B) the Committees on Appropriations of

12 the Senate and House of Representatives.

13 (2) The term ‘‘covered department or agency’’

14 means any department or agency of the Federal Gov15 ernment that carries out a special access program

16 (other than the Department of Defense or an agency

17 in the Intelligence Community (as defined in section

18 3(4) of the National Security Act of 1947 (50 U.S.C.

19 401a))).

20 (3) The term ‘‘special access program’’ means

21 any program that, under the authority of Executive

22 Order 12356 (or any successor Executive order), is es23 tablished by the head of a department or agency

24 whom the President has designated in the Federal

25 Register as an original ‘‘top secret’’ classification au-
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1 thority that imposes ‘‘need-to-know’’ controls or access

2 controls beyond those controls normally required (by

3 regulations applicable to such department or agency)

4 for access to information classified as ‘‘confidential’’,

5 ‘‘secret’’, or ‘‘top secret’’.

6 SEC. 1093. DEPARTMENT OF DEFENSE FOOD STOCKS FOR

7 ASSISTANCE IN BOSNIA-HERCEGOVINA AND

8 ARMENIA.

9 Beginning not later than 10 days after the date of the

10 enactment of this Act, the Secretary of Defense should make

11 available to the Office of Foreign Disaster Assistance of the

12 Agency for International Development, out of stocks for

13 which there exists appropriations, of the Department of De14 fense, 500,000 cases of meals ready to eat for distribution

15 over next four months, as humanitarian relief, in Bosnia16 Hercegovina and Armenia. To the extent possible, these sup17 plies should come from surplus stocks.

18 SEC. 1094. LANDMINE MORATORIUM EXTENSION ACT.

19 (a) SHORT TITLE.—This section shall be titled the

20 ‘‘Landmine Moratorium Extension Act of 1993’’.

21 (b) FINDINGS.—The Congress makes the following

22 findings:

23 (1) Anti-personnel landmines, which are de24 signed to maim and kill people, have been used indis25 criminately in dramatically increasing numbers
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1 around the world. Hundreds of thousands of non2 combatant civilians, including children, have been the

3 primary victims. unlike other military weapons,

4 landmines often remain implanted and undiscovered

5 after conflict has ended, causing massive suffering to

6 civilian populations.

7 (2) Tens of millions of landmines have been

8 strewn in at least 62 countries, often making whole

9 areas uninhabitable. The State Department estimates

10 there are more than 10,000,000 landmines in Afghan11 istan, 9,000,000 in Angola, 4,000,000 in Cambodia,

12 3,000,000 in Iraqi Kurdistan, and 2,000,000 each in

13 Somalia, Mozambique, and the former Yugoslavia.

14 Hundreds of thousands of landmines were used in

15 conflicts in Central America in the 1980s.

16 (3) Advanced technologies are being used to man17 ufacture sophisticated mines which can be scattered

18 remotely at a rate of 1,000 per hour. These mines,

19 which are being produced by many industralized

20 countries, were found in Iraqi arsenals after the Per21 sian Gulf War.

22 (4) At least 300 types of anti-personnel land23 mines have been manufactured by at least 44 coun24 tries, including the United States. However, the Unit25 ed States is not a major exporter of landmines. Dur-
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1 ing the past ten years the Administration has ap2 proved ten licenses for the commercial export of anti3 personnel landmines with a total value of $980,000,

4 and the sale under the Foreign Military Sales pro5 gram of 108,852 anti-personnel landmines.

6 (5) The United States signed, but has not rati7 fied, the 1980 Convention on Prohibitations or Re8 strictions on the Use of Certain Conventional Weap9 ons Which May Be Deemed To Be Excessively Injuri10 ous or To Have Indiscriminate Effects. Protocol II of

11 the Convention, otherwise known as the Landmine

12 Protocol, prohibits the indiscriminate use of land13 mines.

14 (6) When it signed the 1980 Convention, the

15 United States stated: ‘‘We believe that the Convention

16 represents a positive step forward in efforts to mini17 mize injury or damage to the civilian population in

18 time of armed conflict. Our signature of the Conven19 tion reflects the general willingness of the United

20 States to adopt practical and reasonable provisions

21 concerning the conduct of military operations, for the

22 purpose of protecting noncombatants.’’.

23 (7) The United States also indicated that it had

24 supported procedures to enforce compliance, which

25 were omitted from the Convention’s final draft. The
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1 United States stated: ‘‘The United States strongly

2 supported proposals by other countries during the

3 Conference to include special procedures for dealing

4 with compliance matters, and reserves the right to

5 propose at a later date additional procedures and

6 remedies, should this prove necessary, to deal with

7 such problems.’’.

8 (8) The lack of compliance procedures and other

9 weaknesses have significantly undermined the effec10 tiveness of the Landmine Protocol. Since it entered

11 into force on December 2, 1983, the number of civil12 ians maimed and killed by anti-personnel landmines

13 has multiplied.

14 (9) Since the moratorium on United States sales,

15 transfers and exports of anti-personnel landmines was

16 signed into law on October 23, 1992, the European

17 Parliament has issued a resolution calling for a five

18 year moratorium on sales, transfers and exports of

19 anti-personnel landmines, and the Government of

20 France has announced that it has ceased all sales,

21 transfers and exports of anti-personnel landmines.

22 (10) On December 2, 1993, ten years will have

23 elapsed since the 1980 Convention entered into force,

24 triggering the right of any party to request a United

25 Nations conference to review the Convention. Amend-
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1 ments to the Landmine Protocol may be considered at

2 that time. A formal request has been made to the

3 United Nations Secretary General for a review con4 ference. With necessary preparations and consulta5 tions among governments, a review conference is not

6 expected to be convened before late 1994 or early

7 1995.

8 (11) The United States should continue to set an

9 example for other countries in such negotiations by

10 extending the moratorium on sales, transfers and ex11 ports of anti-personnel landmines for an additional

12 three years. A moratorium of this duration would ex13 tend the current prohibition on the sale, transfer and

14 export of anti-personnel landmines a sufficient time

15 to take into account the results of a United Nations

16 review conference.

17 (c) STATEMENT OF POLICY.—

18 (1) It shall be the policy of the United States to

19 seek verifiable international agreements prohibiting

20 the sale, transfer or export, and further limiting the

21 manufacture, possession and use of anti-personnel

22 landmines.

23 (2) It is the sense of the Congress that the Presi24 dent should submit the 1980 Convention on Certain

25 Conventional Weapons to the Senate for ratification.
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1 Furthermore, the Administration should participate

2 in a United Nations conference to review the Land3 mine Protocol, and actively seek to negotiate under

4 United Nations auspices a modification of the Land5 mine Protocol, or another international agreement, to

6 prohibit the sale, transfer or export of anti-personnel

7 landmines, and to further limit their manufacture,

8 possession and use.

9 (d) MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL

10 LANDMINES ABROAD.—For a period of three years begin11 ning on the date of enactment of this Act—

12 (1) no sale may be made or financed, no transfer

13 may be made, and no license for export may be is14 sued, under the Arms Export Control Act, with re15 spect to any anti-personnel landmine; and

16 (2) no assistance may be provided under the

17 Foreign Assistance Act of 1961, with respect to the

18 provision of any anti-personnel landmine.

19 (e) DEFINITION.—For purposes of this section, the

20 term ‘‘anti-personnel landmine’’ means—

21 (1) any munition placed under, on, or near the

22 ground or other surface area, or delivered by artillery,

23 rocket, mortar, or similar means or dropped from an

24 aircraft and which is designed to be detonated or ex-
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1 ploded by the presence, proximity, or contact of a per2 son;

3 (2) any device or material which is designed,

4 constructed, or adapted to kill or injure and which

5 functions unexpectedly when a person disturbs or ap6 proaches an apparently harmless object or performs

7 an apparently safe act;

8 (3) any manually-emplaced munition or device

9 designed to kill, injure, or damage and which is actu10 ated by remote control or automatically after a lapse

11 of time.

12 TITLE XI—COOPERATIVE

13 THREAT REDUCTION WITH

14 STATES OF FORMER SOVIET

15 UNION

16 SEC. 1101. SHORT TITLE.

17 This title may be cited as the ‘‘Cooperative Threat Re18 duction Act of 1993’’.

19 SEC. 1102. FINDINGS ON COOPERATIVE THREAT REDUC20 TION.

21 The Congress finds that it is in the national security

22 interest of the United States for the United States to do

23 the following:

24 (1) Facilitate, on a priority basis, the transpor25 tation, storage, safeguarding, and elimination of nu-
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1 clear and other weapons of the independent states of

2 the former Soviet Union, including—

3 (A) the safe and secure storage of fissile ma4 terials derived from the elimination of nuclear

5 weapons;

6 (B) the dismantlement of—

7 (i) intercontinental ballistic missiles

8 and launchers for such missiles;

9 (ii) submarine-launched ballistic mis10 siles and launchers for such missiles; and

11 (iii) heavy bombers; and

12 (C) the elimination of chemical, biological

13 and other weapons capabilities.

14 (2) Facilitate, on a priority basis, the prevention

15 of proliferation of weapons (and components of weap16 ons) of mass destruction and destabilizing conven17 tional weapons of the independent states of the former

18 Soviet Union, and the establishment of verifiable safe19 guards against the proliferation of such weapons and

20 components.

21 (3) Facilitate, on a priority basis, the prevention

22 of diversion of weapons-related scientific expertise of

23 the independent states of the former Soviet Union to

24 terrorist groups or third countries.

25 (4) Support—
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1 (A) the demilitarization of the defense-relat2 ed industry and equipment of the independent

3 states of the former Soviet Union;

4 (B) the conversion of such industry and

5 equipment to civilian purposes and uses; and

6 (C) the environmental restoration of former

7 military sites and installations.

8 (5) Expand military-to-military and defense

9 contacts between the United States and the independ10 ent states of the former Soviet Union.

11 SEC. 1103. AUTHORITY FOR PROGRAMS TO FACILITATE CO12 OPERATIVE THREAT REDUCTION.

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, the President may conduct programs described

15 in subsection (b) to assist the independent states of the

16 former Soviet Union in the demilitarization of the former

17 Soviet Union. Any such program may be carried out only

18 to the extent that the President determines that the program

19 will directly contribute to the national security interests of

20 the United States.

21 (b) AUTHORIZED PROGRAMS.—The programs referred

22 to in subsection (a) are the following:

23 (1) Programs to facilitate the elimination, and

24 the safe and secure transportation and storage, of nu-
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1 clear, chemical, and other weapons and their delivery

2 vehicles.

3 (2) Programs to facilitate the safe and secure

4 storage of fissile materials derived from the elimi5 nation of nuclear weapons.

6 (3) Programs to prevent the proliferation of

7 weapons, weapons components, and weapons-related

8 technology and expertise.

9 (4) Programs to expand military-to-military

10 and defense contacts.

11 (5) Programs to facilitate the demilitarization of

12 defense industries and the conversion of military tech13 nologies and capabilities into civilian activities and

14 to assist in the environmental restoration of former

15 military sites and installations.

16 (6) Programs to house and retrain military per17 sonnel of the former Soviet Union who have been re18 leased from military service, but only if such pro19 grams are carried out in conjunction with, and con20 tribute significantly and directly to achieving the

21 purposes of, one or more of the programs described in

22 paragraphs (1) through (5) of this subsection.

23 (7) Other programs as described in section

24 212(b) of the Soviet Nuclear Threat Reduction Act of

25 1991 (title II of Public Law 102–228; 22 U.S.C. 2551
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1 note) and section 1412(b) of the Former Soviet Union

2 Demilitarization Act of 1992 (title XIV of Public Law

3 102–484; 22 U.S.C. 5901 et seq.).

4 (c) UNITED STATES PARTICIPATION.—The programs

5 described in subsection (b) should, to the extent feasible,

6 draw upon United States technology and expertise, espe7 cially from the private sector of the United States.

8 (d) RESTRICTIONS.—Assistance authorized by sub9 section (a) may not be provided to any independent state

10 of the former Soviet Union for any year unless the President

11 certifies to Congress for that year that the proposed recipi12 ent state is committed to each of the following:

13 (1) Making substantial investment of its re14 sources for dismantling or destroying its weapons of

15 mass destruction, if such state has an obligation

16 under a treaty or other agreement to destroy or dis17 mantle any such weapons.

18 (2) Foregoing any military modernization pro19 gram that exceeds legitimate defense requirements and

20 foregoing the replacement of destroyed weapons of

21 mass destruction.

22 (3) Foregoing any use in new nuclear weapons

23 of fissionable or other components of destroyed nuclear

24 weapons.
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1 (4) Facilitating United States verification of

2 any weapons destruction carried out under this title,

3 section 1412(b) of the Former Soviet Union Demili4 tarization Act of 1992 (title XIV of Public Law 102–

5 484; 22 U.S.C. 590(b)), or section 212(b) of the Soviet

6 Nuclear Threat Reduction Act of 1991 (title II of

7 Public Law 102–228; 22 U.S.C. 2551 note).

8 (5) Complying with all relevant arms control

9 agreements.

10 (6) Observing internationally recognized human

11 rights, including the protection of minorities.

12 SEC. 1104. FUNDING FOR FISCAL YEAR 1994.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds au14 thorized to be appropriated under section 301(21) shall be

15 available for cooperative threat reduction with states of the

16 former Soviet Union under this title.

17 (b) AVAILABILITY OF FUNDS PREVIOUSLY AUTHOR18 IZED TO BE TRANSFERRED.—(1) To the extent provided

19 in appropriations Acts, of the total amount authorized to

20 be transferred under sections 108 and 109 of Public Law

21 102–229 (105 Stat. 1708) and section 9110 of Public Law

22 102–396 (106 Stat. 1928), the Secretary of Defense may

23 transfer not more than $400,000,000 to the appropriate fis24 cal year 1994 accounts within the Department of Defense
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1 for cooperative threat reduction with states of the former

2 Soviet Union under this title.

3 (2) Funds transferred pursuant to paragraph (1) shall

4 be in addition to funds authorized to be appropriated under

5 subsection (a).

6 (3) A transfer made to an account under the authority

7 of paragraph (1) shall be deemed to increase the amount

8 authorized for that account by the amount transferred.

9 (4) The transfer authority provided in this subsection

10 is in addition to the transfer authority provided in section

11 1001 of this Act.

12 SEC. 1105. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF

13 FUNDS.

14 (a) NOTICE OF PROPOSED OBLIGATION.—Not less than

15 15 days before obligation of any funds for programs under

16 section 1203, the President shall transmit to the appro17 priate congressional committees (as defined in section 1207)

18 a report on the proposed obligation. Each such report shall

19 specify—

20 (1) the activities and forms of assistance for

21 which the President plans to obligate such funds;

22 (2) the amount of the proposed obligation; and

23 (3) the projected involvement of the departments

24 and agencies of the United States Government and

25 the private sector of the United States.
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1 (b) INDUSTRIAL DEMILITARIZATION.—Any report

2 under subsection (a) that covers proposed industrial demili3 tarization projects shall contain additional information to

4 assist the Congress in determining the merits of the pro5 posed projects. Such information shall include descriptions

6 of—

7 (1) the facilities to be demilitarized;

8 (2) the types of activities conducted at those fa9 cilities and of the types of nonmilitary activities

10 planned for those facilities;

11 (3) the forms of assistance to be provided by the

12 United States Government and by the private sector

13 of the United States;

14 (4) the extent to which military production ca15 pability will consequently be eliminated at those fa16 cilities; and

17 (5) the mechanisms to be established for monitor18 ing progress on those projects.

19 SEC. 1106. SEMIANNUAL REPORT.

20 Not later than April 30, 1994, and not later than Octo21 ber 30, 1994, the President shall transmit to the appro22 priate congressional committees a report on the activities

23 carried out under this title. Each such report shall set forth,

24 for the preceding six-month period and cumulatively, the

25 following:
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1 (1) The amounts obligated and expended for such

2 activities and the purposes for which they were obli3 gated and expended.

4 (2) A description of the participation, if any, of

5 each department and agency of the United States

6 Government in such activities.

7 (3) A description of the activities carried out

8 and the forms of assistance provided, and a descrip9 tion of the extent to which the private sector of the

10 United States has participated in the activities for

11 which amounts were obligated and expended under

12 this title.

13 (4) Such other information as the President con14 siders appropriate to fully inform the Congress con15 cerning the operation of the programs and activities

16 carried out under this title, including, with respect to

17 proposed industrial demilitarization projects, addi18 tional information on the progress toward demili19 tarization of facilities and the conversion of the de20 militarized facilities to civilian activities.

21 SEC. 1107. APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.

23 In this title, the term ‘‘appropriate congressional com24 mittees’’ means—
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1 (1) the Committee on Foreign Relations of the

2 Senate, the Committee on Foreign Affairs of the

3 House of Representatives, and the Committees on Ap4 propriations of the House and the Senate, wherever

5 the account, budget activity, or program is funded

6 from appropriations made under the international af7 fairs budget function (150);

8 (2) the Committees on Armed Services and the

9 Committees on Appropriations of the Senate and the

10 House of Representatives, wherever the account, budg11 et activity, or program is funded from appropriations

12 made under the national defense budget function

13 (050); and

14 (3) the committee to which the specified activities

15 of section 1203, if the subject of separate legislation,

16 would be referred under the rules of the respective

17 House of Congress.

18 DIVISION B—MILITARY CON19 STRUCTION AUTHORIZA20 TIONS

21 SEC. 2001. SHORT TITLE.

22 This division may be cited as the ‘‘Military Construc23 tion Authorization Act for Fiscal Year 1994’’.
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1 TITLE XXI—ARMY

2 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2104(a)(1), the Secretary of the Army may ac7 quire real property and carry out military construction

8 projects in the total amount of $603,553,000 for the instal9 lations and locations inside the United States, and in the

10 amounts for such installations and locations, set forth in

11 the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ................... Fort Rucker ..................................... $28,250,000

Alaska ....................... Fort Richardson .............................. $10,770,000

Fort Wainwright ............................. $740,000

Arizona ..................... Fort Huachuca ................................ $8,850,000

California ................. Fort Irwin ....................................... $5,900,000

Colorado .................... Fitzsimmons Army Medical Center $4,400,000

Fort Carson ..................................... $4,050,000

Georgia ..................... Fort Benning ................................... $37,650,000

Fort Gillen ....................................... $2,600,000

Fort Stewart .................................... $20,300,000

Hawaii ...................... Schofield Barracks .......................... $18,600,000

Kansas ...................... Fort Riley ........................................ $14,642,000

Kentucky ................... Fort Campbell ................................. $50,300,000

Fort Knox ........................................ $41,350,000

Maryland .................. Aberdeen Proving Ground .............. $20,250,000

Missouri .................... Fort Leonard Wood ........................ $1,000,000

Nevada ...................... Hawthorne Army Ammunition

Plant .............................................. $11,700,000

New Jersey ............... Fort Monmouth ............................... $7,500,000

Picatinny Arsenal ........................... $10,500,000

New Mexico ............... White Sands Missile Range ........... $8,700,000

New York .................. Fort Drum ....................................... $9,800,000

United States Military Academy,

West Point ..................................... $13,800,000

North Carolina ......... Fort Bragg ....................................... $102,240,000
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Army: Inside the United States—Continued

State Installation or location Amount

Oklahoma .................. Fort Sill ........................................... $15,700,000

Pennsylvania ............ Tobyhanna Army Depot ................. $750,000

South Carolina ......... Fort Jackson .................................... $2,700,000

Texas ......................... Fort Bliss ......................................... $14,000,000

Fort Hood ........................................ $49,400,000

Fort Sam Houston .......................... $4,351,000

Utah .......................... Dugway Proving Ground ............... $16,500,000

Tooele Army Depot ......................... $800,000

Virginia .................... Fort Belvoir ..................................... $8,860,000

Fort Lee ........................................... $32,600,000

Fort Myer ........................................ $6,800,000

Washington ............... Fort Lewis ....................................... $14,200,000

CONUS Classified ... Classified Locations ........................ $3,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects in the total amount of $26,500,000 for the installa6 tions and locations outside the United States, and in the

7 amounts for such installations and locations, set forth in

8 the following table:

Army: Outside the United States

Country or other Installation or location Amount

Johnston Island ........... Johnston Island ........................... $1,700,000

Kwajalein Atoll ............ Kwajalein ..................................... $21,200,000

OCONUS Classified .... Classified Locations ..................... $3,600,000

9 SEC. 2102. FAMILY HOUSING.

10 (a) CONSTRUCTION AND ACQUISITION.—Using

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2104(a)(6)(A), the Secretary of the

13 Army may construct or acquire family housing units (in-
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1 cluding land acquisition) in the total amount of

2 $138,950,000 at the installations, for the purposes, and in

3 the amounts for such installations set forth in the following

4 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

New York .......... United States

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

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in

7 section 2104(a)(6)(A), the Secretary of the Army may carry

8 out architectural and engineering services and construction

9 design activities with respect to the construction or im10 provement of family housing units in an amount not to

11 exceed $11,805,000.

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

13 UNITS.

14 Subject to section 2825 of title 10, United States Code,

15 and using amounts appropriated pursuant to the author16 ization of appropriations in section 2104(a)(6)(A), the Sec17 retary of the Army may improve existing military family

18 housing in an amount not to exceed $77,630,000.
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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

2 (a) IN GENERAL.—Funds are hereby authorized to be

3 appropriated for fiscal years beginning after September 30,

4 1993, for military construction, land acquisition, and mili5 tary family housing functions of the Department of the

6 Army in the total amount of $2,369,330,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2101(a),

9 $603,553,000.

10 (2) For military construction projects outside the

11 United States authorized by section 2101(b),

12 $26,500,000.

13 (3) For the construction of the Ammunition De14 militarization Facility, Anniston Army Depot, Ala15 bama, authorized in section 2101(a) of the Military

16 Construction Authorization Act for Fiscal Year 1991

17 (division B of Public Law 101–510; 104 Stat. 1758),

18 section 2101(a) of the Military Construction Author19 ization Act for Fiscal Year 1992 (division B of Public

20 Law 102–190; 105 Stat. 1508), and section 2101(a)

21 of the Military Construction Authorization Act for

22 Fiscal Year 1993 (division B of Public Law 102–484;

23 106 Stat. 2586), $110,900,000.

24 (4) For unspecified minor military construction

25 projects authorized by section 2805 of title 10, United

26 States Code, $12,000,000.
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1 (5) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $110,991,000.

4 (6) For military family housing functions:

5 (A) For construction and acquisition of

6 military family housing and facilities,

7 $228,385,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $1,125,601,000, of which not more than

12 $268,139,000 may be obligated or expended for

13 the leasing of military family housing world14 wide.

15 (7) For the Homeowners Assistance Program as

16 authorized by section 2832 of title 10, United States

17 Code, $151,400,000, to remain available until ex18 pended.

19 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

20 PROJECTS.—Notwithstanding the cost variations author21 ized by section 2853 of title 10, United States Code, and

22 any other cost variation authorized by law, the total cost

23 of all projects carried out under section 2101 of this Act

24 may not exceed the total amount authorized to be appro25 priated under paragraphs (1) and (2) of subsection (a).
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1 SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT

2 CERTAIN PROJECTS.

3 (a) FISCAL YEAR 1993 PROJECT.—(1) The table in

4 section 2101(a) of the Military Construction Authorization

5 Act for Fiscal Year 1993 (division B of Public Law 102–

6 484; 106 Stat. 2586) is amended by striking out the item

7 relating to the Tooele Army Depot, Utah.

8 (2) Section 2105(a) of such Act (106 Stat. 2588) is

9 amended—

10 (A) by striking out ‘‘$2,127,397,000’’ and insert11 ing in lieu thereof ‘‘$2,118,197,000’’; and

12 (B) in paragraph (1), by striking out

13 ‘‘$338,860,000’’ and inserting in lieu thereof

14 ‘‘$329,660,000’’.

15 (b) FISCAL YEAR 1992 PROJECTS.—(1) Section

16 2101(a) of the Military Construction Authorization Act for

17 Fiscal Year 1992 (division B of Public Law 102–190; 105

18 Stat. 1508) is amended by striking out the following items:

19 (A) Under the heading ‘‘NEW YORK’’, the item re20 lating to Seneca Army Depot.

21 (B) Under the heading ‘‘VIRGINIA’’, the item re22 lating to Vint Hill Farms Station.

23 (2) Section 2105(a) of such Act (105 Stat. 1511) is

24 amended—

25 (A) by striking out ‘‘$2,576,674,000’’ and insert26 ing in lieu thereof ‘‘$2,571,974,000’’; and
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1 (B) in paragraph (1), by striking out

2 ‘‘$718,829,000’’ and inserting in lieu thereof

3 ‘‘$714,129,000’’.

4 TITLE XXII—NAVY

5 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2204(a)(1), the Secretary of the Navy may ac10 quire real property and carry out military construction

11 projects in the total amount of $495,400,000 for the instal12 lations and locations inside the United States, and in the

13 amounts for such installations and locations, set forth in

14 the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ..................... Yuma Marine Corps Air Station ........... $14,100,000

California ................. 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

Fallbrook Naval Weapons Station

Annex ..................................................... $4,630,000

Lemoore Naval Air Station .................... $1,930,000

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

Twentynine Palms Marine Corps AirGround Combat Center ......................... $7,900,000

Connecticut ............... New London Naval Submarine Base .... $36,740,000

District of Columbia Washington, Commandant, Naval District ........................................................ $3,110,000

Naval Research Laboratory .................... $2,380,000

Florida ...................... 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
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Navy: Inside the United States—Continued

State Installation or location Amount

Kings Bay Trident Training Facility .. $3,870,000

Hawaii ...................... Barbers Point Naval Air Station .......... $2,700,000

Honolulu, Naval Communications and

Telecommunications Area Master Station, Eastern Pacific ............................ $9,120,000

Pearl Harbor, Commander, Oceanographic System Pacific ......................... $16,780,000

Pearl Harbor Naval Inactive Ship

Maintenance Facility ........................... $2,620,000

Pearl Harbor Naval Submarine Base ... $54,140,000

Pearl Harbor Public Works Center ....... $27,540,000

Maine ........................ Kittery, Portsmouth Naval Shipyard .... $4,780,000

Maryland .................. Bethesda National Naval Medical Center ........................................................... $3,090,000

Indian Head, Naval Surface Weapons

Center ..................................................... $3,400,000

Patuxent River Naval Air Station ........ $1,000,000

Mississippi ................ Pascagoula Naval Station ...................... $3,900,000

Gulfport Naval Construction Battalion

Center ..................................................... $10,400,000

New Jersey ............... Earle Naval Weapons Station ............... $2,580,000

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 Aviation Supply Office .... $1,900,000

Philadelphia Naval Inactive Ship

Maintenance Facility ........................... $8,660,000

Rhode Island ............ Newport, Naval Education and Training Center .............................................. $11,300,000

South Carolina ......... Beaufort Marine Corps Air Station ...... $10,900,000

Charleston Naval Weapons Station ....... $580,000

Tennessee .................. Memphis Naval Air Station ................... $1,450,000

Texas ......................... Corpus Christi Naval Air Station ......... $1,670,000

Virginia .................... Chesapeake, Marine Corps Security

Battalion ................................................ $5,380,000

Craney Island Fleet and Industrial

Supply Center Annex ........................... $11,740,000

Norfolk, Commander, Operational Test

and Evaluation Force ........................... $8,100,000

Norfolk Naval Air Station ...................... $12,270,000

Norfolk Public Works Center .................. $5,330,000

Portsmouth, Norfolk Naval Shipyard .... $13,420,000

Quantico, Combat Development Command ...................................................... $7,450,000

Wallops Island, Naval Surface Weapons

Center Detachment ................................ $10,170,000

Washington ............... Bangor Naval Submarine Base ............. $3,100,000

Everett Naval Station ............................. $34,000,000

Keyport, Naval Undersea Warfare Center Division ........................................... $8,980,000

Various Locations .... Wastewater Collection and Treatment

Facilities ................................................ $3,260,000

Land Acquisition .................................... $2,140,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects in the total amount of $95,650,000 for the installa6 tions and locations outside the United States, and in the

7 amounts for such installations and locations, set forth in

8 the following table:

Navy: Outside the United States

Country Installation or location Amount

Guam ......................... Naval Hospital ................................ $2,460,000

Military Sealift Command Office .. $2,170,000

Anderson Air Force Base Naval

Air Facility.

$7,310,000

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 Naval Support Activity ..... $11,740,000

Sigonella Naval Air Station .......... $3,460,000

Spain ......................... Rota Naval Station ........................ $2,670,000

Various Locations ..... Host Nation Infrastructure Support ................................................ $2,960,000

Land Acquisition ............................ $800,000

9 SEC. 2202. FAMILY HOUSING.

10 (a) CONSTRUCTION AND ACQUISITION.—Using

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2204(a)(5)(A), the Secretary of the

13 Navy may construct or acquire family housing units (in14 cluding land acquisition) in the total amount of

15 $164,149,000 at the installations, for the purposes, and in
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1 the amounts for such installations and purposes set forth

2 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 Naval

Submarine Base

Housing Office/

Self Help/

Warehouse ..... $790,000

Maine ................ Brunswick Naval

Air Station .......

Mobile Home

Spaces ........... $490,000

Virginia ............ Norfolk, Naval

Public Works

Center/Naval

Amphibious

Base Little

Creek .................. 392 units ........... $50,674,000

Oceana Naval Air

Station ..............

Community

Center ............ $860,000

Washington ....... Bangor Naval Submarine Base ...... 290 units ........... $27,438,000

Whidby Island,

Naval Air Station .................... 106 units ........... $10,000,000

United Kingdom London Naval Activities Support 81 units ............. $15,470,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2204(a)(5)(A), the Secretary of the Navy may carry

6 out architectural and engineering services and construction

7 design activities with respect to the construction or im8 provement of military family housing units in an amount

9 not to exceed $22,924,000.
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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a)(5)(A), the Sec6 retary of the Navy may improve existing military family

7 housing units in the amount of $183,135,000.

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

9 (a) IN GENERAL.—Funds are hereby authorized to be

10 appropriated for fiscal years beginning after September 30,

11 1993, for military construction, land acquisition, and mili12 tary family housing functions of the Department of the

13 Navy in the total amount of $1,866,186,000 as follows:

14 (1) For military construction projects inside the

15 United States authorized by section 2201(a),

16 $495,400,000.

17 (2) For military construction projects outside the

18 United States authorized by section 2201(b),

19 $95,650,000.

20 (3) For unspecified minor construction projects

21 authorized by section 2805 of title 10, United States

22 Code, $5,500,000.

23 (4) For architectural and engineering services

24 and construction design under section 2807 of title

25 10, United States Code, $64,373,000.

26 (5) For military family housing functions:
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1 (A) For construction and acquisition of

2 military family housing and facilities,

3 $370,208,000.

4 (B) For support of military family housing

5 (including functions described in section 2833 of

6 title 10, United States Code), $835,055,000, of

7 which not more than $113,308,000 may be obli8 gated or expended for the leasing of military

9 family housing units worldwide.

10 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and

13 any other cost variation authorized by law, the total cost

14 of all projects carried out under section 2201 of this Act

15 may not exceed the total amount authorized to be appro16 priated under paragraphs (1) and (2) of subsection (a).

17 SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT

18 CERTAIN PROJECTS.

19 (a) FISCAL YEAR 1993 PROJECTS.—(1) The table in

20 section 2201(a) of the Military Construction Authorization

21 Act for Fiscal Year 1993 (division B of Public Law 102–

22 484; 106 Stat. 2589) is amended by striking out the items

23 relating to the following installations:

24 (A) Mare Island Naval Shipyard, California.

25 (B) Miramar Naval Air Station, California.
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1 (C) Cecil Field, Naval Air Station, Florida.

2 (D) Memphis, Naval Air Station, Tennessee.

3 (2) Section 2204(a) of such Act (106 Stat. 2592) is

4 amended—

5 (A) by striking out ‘‘$1,450,529,000’’ and insert6 ing in lieu thereof ‘‘$1,411,616,000’’;

7 (B) in paragraph (1), by striking out

8 ‘‘$312,557,000’’ and inserting in lieu thereof

9 ‘‘$274,897,000’’; and

10 (C) in paragraph (5)(B), by striking out

11 ‘‘$661,246,000’’ and inserting in lieu thereof

12 ‘‘$659,993,000’’.

13 (b) FISCAL YEAR 1992 PROJECTS.—(1) Section

14 2201(a) of the Military Construction Authorization Act for

15 Fiscal Year 1992 (division B of Public Law 102–190; 105

16 Stat. 1514) is amended by striking out the following items:

17 (A) Under the heading ‘‘CALIFORNIA’’, the item

18 relating to Vallejo, Mare Island Naval Shipyard.

19 (B) Under the heading ‘‘FLORIDA’’, the item re20 lating to Pensacola, Naval Supply Center.

21 (C) Under the heading ‘‘SOUTH CAROLINA’’, the

22 item relating to Charleston, Fleet and Mine Warfare

23 Training Center.

24 (2) Section 2205(a) of such Act (105 Stat. 1518) is

25 amended—
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1 (A) by striking out ‘‘$1,832,149,000’’ and insert2 ing in lieu thereof ‘‘$1,798,980,000’’;

3 (B) in paragraph (1), by striking out

4 ‘‘$739,859,000’’ and inserting in lieu thereof

5 ‘‘$706,969,000’’; and

6 (C) in paragraph (4), by striking out

7 ‘‘$12,400,000’’ and inserting in lieu thereof

8 ‘‘$12,121,000’’.

9 (c) FISCAL YEAR 1990 PROJECTS.—(1) Section

10 2201(a) of the Military Construction Authorization Act for

11 Fiscal Years 1990 and 1991 (division B of Public Law 101–

12 189; 103 Stat. 1621) is amended under the heading ‘‘NEW

13 YORK’’, by striking out the item relating to New York, Naval

14 Station and inserting in lieu thereof the following:

15 ‘‘New York, Naval Station, $20,978,000.’’.

16 (2)(A) Section 2202(a) of such Act (103 Stat. 1626)

17 is amended by striking out the item relating to San Fran18 cisco, Navy Public Works Center, California.

19 (B) The table relating to the Navy in section 2702(b)

20 of the Military Construction Authorization Act for Fiscal

21 Year 1993 (division B of Public Law 102–484; 106 Stat.

22 2603) is amended by striking out the item relating to Navy

23 Public Works Center, San Francisco, California.
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1 (3) Section 2204(a) of the Military Construction Au2 thorization Act for Fiscal Years 1990 and 1991 (103 Stat.

3 1626) is amended—

4 (A) by striking out ‘‘$1,962,935,000’’ and insert5 ing in lieu thereof ‘‘$1,925,273,000’’;

6 (B) in paragraph (1), by striking out

7 ‘‘$915,511,000’’ and inserting in lieu thereof

8 ‘‘$910,849,000’’;

9 (C) in paragraph (5), by striking out

10 ‘‘$5,810,000’’ and inserting in lieu thereof

11 ‘‘$2,810,000’’; and

12 (D) in paragraph (6)(A), by striking out

13 ‘‘$191,290,000’’ and inserting in lieu thereof

14 ‘‘$157,290,000’’.

15 TITLE XXIII—AIR FORCE

16 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

17 LAND ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2304(a)(1), the Secretary of the Air Force may

21 acquire real property and carry out military construction

22 projects in the total amount of $864,752,000 for the instal23 lations and locations inside the United States, and in the

24 amounts for such installations and locations, set forth in

25 the following table:
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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 ........................ Cape Romanzof Long Range Radar

Site ................................................. $3,350,000

Eielson Air Force Base ..................... $13,300,000

Elmendorf Air Force Base ............... $33,305,000

Fort Richardson ................................ $5,000,000

Arizona ...................... Davis-Monthan Air Force Base ....... $7,350,000

Luke Air Force Base ......................... $12,750,000

Navajo Army Depot .......................... $7,250,000

Arkansas .................... Little Rock Air Force Base .............. $4,500,000

California .................. Edwards Air Force Base .................. $11,300,000

McClellan Air Force Base ................ $1,900,000

Travis Air Force Base ...................... $14,040,000

Vandenberg Air Force Base ............. $20,728,000

Colorado ..................... Buckley Air National Guard Base .. $39,000,000

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 ...................... $16,070,000

Robins Air Force Base ..................... $55,370,000

Hawaii ....................... Hickam Air Force Base ................... $13,800,000

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 ................ $13,860,000

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 ....................... $5,750,000

New Mexico ................ Cannon Air Force Base .................... $8,915,000

Holloman Air Force Base ................ $11,100,000

Kirtland Air Force Base .................. $42,161,000

North Carolina .......... Pope Air Force Base ......................... $8,600,000

Seymour Johnson Air Force Base ... $5,380,000

North Dakota ............. Grand Forks Air Force Base ........... $12,800,000

Minot Air Force Base ....................... $14,500,000

Ohio ............................ Wright-Patterson Air Force Base .... $44,680,000

Oklahoma ................... Altus Air Force Base ........................ $6,930,000

Tinker Air Force Base ...................... $28,649,000

Vance Air Force Base ....................... $6,000,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

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

Texas .......................... Dyess Air Force Base ....................... $10,390,000

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 .......................... $8,380,000

Virginia ..................... Langley Air Force Base ................... $17,823,000

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 in the total amount of $33,852,000 for

6 the installations and locations outside the United States,

7 and in the amounts for such installations and locations,

8 set forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

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
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Air Force: Outside the United States—Continued

Country Installation or location Amount

United Kingdom ....... RAF Mildenhall ................................ $4,800,000

Classified ................... Classified Location ........................... $5,500,000

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(7)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition) in the total amount of

7 $130,264,000 at the installations, for the purposes, and in

8 the amounts for such installations and purposes set forth

9 in the following 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 ................... 118 units ........... $7,424,000

Illinois ............... Scott Air Force

Base ................... Cardinal Creek

Housing units.

$20,000,000

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
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Air Force: Family Housing—Continued

State or Country Installation Purpose Amount

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

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 $9,901,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(7)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $75,070,000.
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 1993, for military construction, land acquisition, and mili6 tary family housing functions of the Department of the Air

7 Force in the total amount of $2,101,925,000 as follows:

8 (1) For military construction projects inside the

9 United States authorized by section 2301(a),

10 $864,752,000.

11 (2) For military construction projects outside the

12 United States authorized by section 2301(b),

13 $33,852,000.

14 (3) For unspecified minor construction projects

15 authorized by section 2805 of title 10, United States

16 Code, $6,844,000.

17 (4) For architectural and engineering services

18 and construction design under section 2807 of title

19 10, United States Code, $63,180,000.

20 (5) For advances to the Secretary of Transpor21 tation for construction of defense access roads under

22 section 210 of title 23, United States Code,

23 $7,150,000.

24 (6) For the balance of the amount authorized

25 under section 2301(a) of the Military Construction

26 Authorization Act for Fiscal Year 1993 (division B of
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1 Public Law 102–484; 106 Stat. 2593) for the con2 struction of the Climatic Test Chamber, Eglin Air

3 Force Base, Florida, $57,000,000.

4 (7) For military family housing functions:

5 (A) For construction and acquisition of

6 military family housing and facilities,

7 $215,235,000.

8 (B) For support of military family housing

9 (including functions described in section 2833 of

10 title 10, United States Code), $853,912,000 of

11 which not more than $118,266,000 may be obli12 gated or expended for leasing of military family

13 housing units worldwide.

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and

17 any other cost variation authorized by law, the total cost

18 of all projects carried out under section 2301 of this Act

19 may not exceed the total amount authorized to be appro20 priated under paragraphs (1) and (2) of subsection (a).

21 SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT

22 CERTAIN PROJECTS.

23 (a) FISCAL YEAR 1993 PROJECTS.—(1) The table in

24 section 2301(a) of the Military Construction Authorization

25 Act for Fiscal Year 1993 (division B of Public Law 102–
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1 484; 106 Stat. 2593) is amended by striking out the item

2 relating to March Air Force Base, California.

3 (2) The table in section 2302(a) of such Act (106 Stat.

4 2595) is amended by striking out the item relating to March

5 Air Force Base, California.

6 (3) Section 2303 of such Act (106 Stat. 2596) is

7 amended by striking out ‘‘$150,000,000’’ and inserting in

8 lieu thereof ‘‘$139,649,000’’.

9 (4) Section 2304(a) of such Act (106 Stat. 2596) is

10 amended—

11 (A) by striking out ‘‘$2,062,707,000’’ and insert12 ing in lieu thereof ‘‘$2,011,755,000’’;

13 (B) in paragraph (1), by striking out

14 ‘‘$667,290,000’’ and inserting in lieu thereof

15 ‘‘$665,040,000’’; and

16 (C) in paragraph (5)(A), by striking out

17 ‘‘$283,786,000’’ and inserting in lieu thereof

18 ‘‘$235,084,000’’.

19 (b) FISCAL YEAR 1992 PROJECTS.—(1) Section

20 2301(a) of the Military Construction Authorization Act for

21 Fiscal Year 1992 (division B of Public Law 102–190; 105

22 Stat. 1521) is amended—

23 (A) under the heading ‘‘CALIFORNIA’’, by striking

24 out the item relating to March Air Force Base and

25 inserting in lieu thereof the following:
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1 ‘‘March Air Force Base, $7,272,000.’’;

2 (B) under the heading ‘‘FLORIDA’’, by striking

3 out the item relating to Homestead Air Force Base;

4 and

5 (C) under the heading ‘‘NEW YORK’’—

6 (i) by striking out the item relating to Grif7 fiss Air Force Base; and

8 (ii) by striking out the item relating to

9 Plattsburgh Air Force Base and inserting in lieu

10 thereof the following:

11 ‘‘Plattsburgh Air Force Base, $960,000.’’.

12 (2) Section 2303 of such Act (105 Stat. 1526) is

13 amended by striking out ‘‘$141,236,000’’ and inserting in

14 lieu thereof ‘‘$134,836,000’’.

15 (3) Section 2305(a) of such Act (105 Stat. 1525) is

16 amended—

17 (A) by striking out ‘‘$2,089,303,000’’ and insert18 ing in lieu thereof ‘‘$2,066,585,000’’;

19 (B) in paragraph (1), by striking out

20 ‘‘$778,970,000’’ and inserting in lieu thereof

21 ‘‘$762,652,000’’; and

22 (C) in paragraph (8)(A), by striking out

23 ‘‘$161,583,000’’ and inserting in lieu thereof

24 ‘‘$155,183,000’’.
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1 SEC. 2306. RELOCATION OF STUDENT DORMITORY PROJECT

2 TO BEALE AIR FORCE BASE, CALIFORNIA.

3 Section 2301(a) of the Military Construction Author4 ization Act for Fiscal Year 1991 (division B of Public Law

5 101–510; 104 Stat. 1769) is amended in the matter under

6 the heading ‘‘CALIFORNIA’’—

7 (1) by striking out the item relating to Beale Air

8 Force Base and inserting in lieu thereof the following:

9 ‘‘Beale Air Force Base, $9,950,000.’’; and

10 (2) by striking out the item relating to Sierra

11 Army Depot.

12 SEC. 2307. RELOCATION OF MUNITION MAINTENANCE FA13 CILITY PROJECT TO BEALE AIR FORCE BASE,

14 CALIFORNIA.

15 Section 2301(a) of the Military Construction Author16 ization Act for Fiscal Year 1992 (division B of Public Law

17 102–190; 105 Stat. 1521) is amended in the matter under

18 the heading ‘‘CALIFORNIA’’—

19 (1) by striking out the item relating to Beale Air

20 Force Base and inserting in lieu thereof the following:

21 ‘‘Beale Air Force Base, $4,950,000.’’; and

22 (2) by striking out the item relating to Sierra

23 Army Depot.
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1 SEC. 2308. RELOCATION OF COMBAT ARMS TRAINING AND

2 MAINTENANCE FACILITY PROJECT TO

3 SCHOFIELD BARRACKS OPEN RANGE, HAWAII.

4 Section 2301(a) of the Military Construction Author5 ization Act for Fiscal Year 1991 (division B of Public Law

6 101–510; 104 Stat. 1769) is amended in the matter under

7 the heading ‘‘HAWAII’’ by striking out the item relating to

8 Wheeler Air Force Base and inserting in lieu thereof the

9 following:

10 ‘‘Schofield Barracks Open Range, $1,400,000.

11 ‘‘Wheeler Air Force Base, $2,100,000.’’.

12 SEC. 2309. AUTHORITY TO TRANSFER FUNDS FOR CON13 STRUCTION OF FAMILY HOUSING, SCOTT AIR

14 FORCE BASE, ILLINOIS.

15 Notwithstanding any other provision of law, the Sec16 retary of the Air Force shall transfer any funds made avail17 able for the construction of family housing at Scott Air

18 Force Base, Illinois, pursuant to the authorization for such

19 construction in section 2302(a) of the Military Construction

20 Authorization Act for Fiscal Year 1993 (division B of Pub21 lic Law 102–484; 106 Stat. 2595) to the County of Saint

22 Clair, Illinois, in order to assist the County of Saint Clair

23 in the construction, at a location determined by the Sec24 retary, of a family housing complex to replace the Cardinal

25 Creek Housing Complex, Scott Air Force Base.
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1 SEC. 2310. INCREASE IN AUTHORIZED UNIT COST FOR CER2 TAIN FAMILY HOUSING, RANDOLPH AIR

3 FORCE BASE, TEXAS.

4 Section 2303(b) of the National Defense Authorization

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

6 103 Stat. 1635) is amended in the matter relating to Ran7 dolph Air Force Base, Texas, by striking out ‘‘$78,000’’ and

8 inserting in lieu thereof ‘‘$95,000’’.

9 TITLE XXIV—DEFENSE

10 AGENCIES

11 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC12 TION AND LAND ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations

15 in section 2403(a)(1), the Secretary of Defense may acquire

16 real property and carry out military construction projects

17 in the total amount of $256,902,000 for the installations

18 and locations inside the United States, and in the amounts

19 for such installations and locations, set forth in the follow20 ing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Logistics

Agency ....................

Defense Reutilization and Marketing Office, Fairbanks, Alaska ...... $6,500,000

Defense Reutilization and Marketing Office, March Air Force Base,

California ...................................... $630,000

Defense Fuel Support Point, Pearl

Harbor, Hawaii ............................ $2,250,000

Defense Construction Supply Center, Columbia, Ohio ...................... $3,100,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

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

Defense Medical

Facility Office ........

Edwards Air Force Base, California .................................................. $1,700,000

Fort Detrick, Maryland ................... $4,300,000

Offutt Air Force Base, Nebraska ..... $1,100,000

Cannon Air Force Base, New Mexico ................................................... $13,600,000

Grand Forks Air Force Base, North

Dakota ........................................... $860,000

Ellsworth Air Force Base, South

Dakota ........................................... $1,400,000

Fort Sam Houston, Texas ............... $4,800,000

Fort Eustis, Virginia ....................... $3,650,000

Fairchild Air Force Base, Washington .................................................. $8,250,000

National Security

Agency .................... Fort Meade, Maryland ..................... $58,630,000

Office Secretary of

Defense ....................

Various Locations, Special Activities, Air Force ............................... $5,600,000

Section 6 Schools ....... Fort McClellan, Alabama ................ $2,798,000

Robins Air Force Base, Georgia ..... $3,160,000

Fort Campbell, Kentucky ................ $13,182,000

Fort Knox, Kentucky ....................... $7,707,000

Fort Polk, Louisiana ....................... $4,950,000

Camp Lejeune, North Carolina ....... $1,793,000

Fort Bragg, North Carolina ............ $8,838,000

Quantico Marine Corps Base, Virginia .............................................. $422,000

Special Operations

Force .......................

Eglin Auxiliary Field No. 9, Florida .................................................. $19,582,000

Fort Campbell, Kentucky ................ $6,950,000

Fort Bragg, North Carolina ............ $38,450,000

Olmstead Field, Pennsylvania ........ $1,300,000

Little Creek Naval Amphibious

Base, Virginia ............................... $7,500,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects in the total amount of $26,113,000 for the installa6 tions and locations outside the United States, and in the
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1 amounts for such installations and locations, set forth in

2 the following 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

Various locations ....... Various classified projects ............... $10,755,000

3 SEC. 2402. ENERGY CONSERVATION PROJECTS.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2403(a)(11), the Sec6 retary of Defense may carry out energy conservation

7 projects under section 2865 of title 10, United States Code.

8 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

9 AGENCIES.

10 (a) IN GENERAL.—Funds are hereby authorized to be

11 appropriated for fiscal years beginning after September 30,

12 1993, for military construction, land acquisition, and mili13 tary family housing functions of the Department of Defense

14 (other than the military departments), in the total amount

15 of $4,097,814,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2401(a),

18 $256,902,000.

19 (2) For military construction projects outside the

20 United States authorized by section 2401(b),

21 $26,113,000.
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1 (3) For military construction projects at Fort

2 Sam Houston, Texas, hospital replacement, author3 ized by section 2401(a) of the Military Construction

4 Authorization Act, 1987 (division B of Public Law

5 99–661; 100 Stat. 4034), $75,000,000.

6 (4) For military construction projects at Ports7 mouth Naval Hospital, Virginia, authorized by sec8 tion 2401(a) of the Military Construction Authoriza9 tion Act for Fiscal Years 1990 and 1991 (division B

10 of Public Law 101–189; 103 Stat. 1639),

11 $211,900,000.

12 (5) For military construction projects at Elmen13 dorf Air Force Base, Alaska, hospital replacement,

14 authorized by section 2401(a) of the Military Con15 struction Authorization Act for Fiscal Year 1993 (di16 vision B of Public Law 102–484; 106 Stat. 2599),

17 $135,000,000.

18 (6) For military construction projects at Fort

19 Bragg, North Carolina, hospital replacement, author20 ized by section 2401(a) of the Military Construction

21 Authorization Act for Fiscal Year 1993, $195,000,000.

22 (7) For military construction projects at

23 Millington Naval Air Station, Tennessee, authorized

24 by section 2401(a) of the Military Construction Au25 thorization Act for Fiscal Year 1993, $5,000,000.
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1 (8) For unspecified minor construction projects

2 authorized by section 2805 of title 10, United States

3 Code, $21,658,000.

4 (9) For contingency construction projects of the

5 Secretary of Defense under section 2804 of title 10,

6 United States Code, $12,200,000.

7 (10) For architectural and engineering services

8 and for construction design under section 2807 of title

9 10, United States Code, $42,405,000.

10 (11) For energy conservation projects authorized

11 by section 2402, $50,000,000.

12 (12) For base closure and realignment activities

13 as authorized by title II of the Defense Authorization

14 Amendments and Base Closure and Realignment Act

15 (Public Law 100–526; 10 U.S.C. 2687 note),

16 $12,830,000.

17 (13) For base closure and realignment activities

18 as authorized by the Defense Base Closure and Re19 alignment Act of 1990 (part A of title XXIX of Public

20 Law 101–510; 10 U.S.C. 2687 note), $3,026,310,000.

21 (14) For military family housing functions (in22 cluding functions described in section 2833 of title 10,

23 United States Code), $27,496,000, of which not more

24 than $22,882,000 may be obligated or expended for
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1 the leasing of military family housing units world2 wide.

3 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variations authorized by law, the total cost

7 of all projects carried out under section 2401 may not ex8 ceed the total amount authorized to be appropriated under

9 paragraphs (1) and (2) of subsection (a).

10 (c) LIMITATION ON OBLIGATIONS.—Funds appro11 priated for fiscal year 1994 pursuant to the authorization

12 of appropriations in subsection (a)(1) may not be obligated

13 for any of the following projects in excess of the amount

14 set forth for such project as follows:

15 (1) Construction of an Army medical center at

16 Fort Bragg, North Carolina, $160,000,000.

17 (2) Construction of a naval hospital at Ports18 mouth, Virginia, $171,900,000.

19 (3) Construction of the hospital at Elmendorf

20 Air Force Base, Alaska, $98,000,000.

21 SEC. 2404. TERMINATION OF AUTHORITY TO CARRY OUT

22 CERTAIN PROJECTS.

23 (a) FISCAL YEAR 1992 PROJECTS.—Section 2401(a)

24 of the Military Construction Authorization Act for Fiscal
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1 Year 1992 (division B of Public Law 102–190; 105 Stat.

2 1528) is amended by striking out the following items:

3 (1) Under the heading ‘‘DEFENSE LOGISTICS

4 AGENCY’’, the item relating to Dayton Defense Elec5 tronic Supply Center, Ohio.

6 (2) Under the heading ‘‘DEFENSE MEDICAL FA7 CILITIES OFFICE’’, the items relating to—

8 (A) Homestead Air Force Base, Florida;

9 and

10 (B) Dallas Naval Air Station, Texas.

11 (b) CONFORMING AMENDMENTS.—Section 2404 of such

12 Act (105 Stat. 1531) is amended—

13 (1) in subsection (a)—

14 (A) by striking out ‘‘$1,680,940,000’’ and

15 inserting in lieu thereof ‘‘$1,665,440,000’’; and

16 (B) by striking out ‘‘$434,500,000’’ in

17 paragraph (1) and inserting in lieu thereof

18 ‘‘$419,000,000’’; and

19 (2) in subsection (c)—

20 (A) by inserting ‘‘and’’ in paragraph (1)

21 after the semicolon;

22 (B) by striking out ‘‘; and’’ at the end of

23 paragraph (2) and inserting in lieu thereof a pe24 riod; and

25 (3) by striking out paragraph (3).
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1 TITLE XXV—NORTH ATLANTIC

2 TREATY ORGANIZATION IN3 FRASTRUCTURE

4 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

5 ACQUISITION PROJECTS.

6 The Secretary of Defense may make contributions for

7 the North Atlantic Treaty Organization Infrastructure Pro8 gram as provided in section 2806 of title 10, United States

9 Code, in an amount not to exceed the sum of the amount

10 authorized to be appropriated for this purpose in section

11 2502 and the amount collected from the North Atlantic

12 Treaty Organization as a result of construction previously

13 financed by the United States.

14 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

15 Funds are hereby authorized to be appropriated for fis16 cal years beginning after September 30, 1993, for contribu17 tions by the Secretary of Defense under section 2806 of title

18 10, United States Code, for the share of the United States

19 of the cost of projects for the North Atlantic Treaty Organi20 zation Infrastructure Program as authorized by section

21 2501, in the amount of $240,000,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1993, for the costs of

7 acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve Forces,

9 and for contributions therefor, under chapter 133 of title

10 10, United States Code (including the cost of acquisition

11 of land for those facilities), the following amounts:

12 (1) For the Department of the Army—

13 (A) for the Army National Guard of the

14 United States, $277,051,000; and

15 (B) for the Army Reserve, $124,794,000.

16 (2) For the Department of the Navy, for the

17 Naval and Marine Corps Reserve, $25,013,000.

18 (3) For the Department of the Air Force—

19 (A) for the Air National Guard of the Unit20 ed States, $233,793,000; and

21 (B) for the Air Force Reserve, $68,427,000.
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1 SEC. 2602. REDUCTION IN AMOUNTS AUTHORIZED TO BE

2 APPROPRIATED FOR RESERVE MILITARY

3 CONSTRUCTION PROJECTS.

4 (a) FISCAL YEAR 1993 AUTHORIZATION.—Section

5 2601(2) of the Military Construction Authorization Act for

6 Fiscal Year 1993 (division B of Public Law 102–484; 106

7 Stat. 2602) is amended by striking out ‘‘$17,200,000’’ and

8 inserting in lieu thereof ‘‘$10,700,000’’.

9 (b) FISCAL YEAR 1992 AUTHORIZATION.—Section

10 2601(2) of the Military Construction Authorization Act for

11 Fiscal Year 1992 (division B of Public Law 102–190; 105

12 Stat. 1534) is amended by striking out ‘‘$56,900,000’’ and

13 inserting in lieu thereof ‘‘$31,800,000’’.

14 (c) FISCAL YEAR 1991 AUTHORIZATION.—Section

15 2601(2) of the Military Construction Authorization Act for

16 Fiscal Year 1991 (division B of Public Law 101–510; 104

17 Stat. 1781) is amended by striking out ‘‘$80,307,000’’ and

18 inserting in lieu thereof ‘‘$78,667,000’’.

19 (d) FISCAL YEAR 1990 AUTHORIZATIONS.—Section

20 2601(2) of the Military Construction Authorization Act for

21 Fiscal Years 1990 and 1991 (division B of Public Law 101–

22 189; 103 Stat. 1645) is amended by striking out

23 ‘‘$56,600,000’’ and inserting in lieu thereof ‘‘$54,250,000’’.
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1 TITLE XXVII—EXPIRATION OF

2 AUTHORIZATIONS

3 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

4 AMOUNTS REQUIRED TO BE SPECIFIED BY

5 LAW.

6 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

7 YEARS.—Except as provided in subsection (b), all author8 izations contained in titles XXI through XXVI for military

9 construction projects, land acquisition, family housing

10 projects and facilities, and contributions to the North At11 lantic Treaty Organization Infrastructure program (and

12 authorizations of appropriations therefor) shall expire on

13 the later of—

14 (1) October 1, 1996; or

15 (2) the date of the enactment of an Act authoriz16 ing funds for military construction for fiscal year

17 1997.

18 (b) EXCEPTION.—Subsection (a) shall not apply to au19 thorizations for military construction projects, land acqui20 sition, family housing projects and facilities, and contribu21 tions to the North Atlantic Treaty Organization Infrastruc22 ture program (and authorizations of appropriations there23 for), for which appropriated funds have been obligated be24 fore the later of—

25 (1) October 1, 1996; or
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1 (2) the date of the enactment of an Act authoriz2 ing funds for fiscal year 1997 for military construc3 tion projects, land acquisition, family housing

4 projects and facilities, or contributions to the North

5 Atlantic Treaty Organization Infrastructure program.

6 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

7 FISCAL YEAR 1991 PROJECTS.

8 (a) EXTENSIONS.—Notwithstanding section 2701(b) of

9 the Military Construction Authorization Act for Fiscal Year

10 1991 (division B of Public Law 101–510, 104 Stat. 1782),

11 authorizations for the projects set forth in the tables in sub12 section (b), as provided in section 2101, 2301, or 2401 of

13 that Act and extended by section 2702(a) of the Military

14 Construction Authorization Act for Fiscal Year 1992 (divi15 sion B of Public Law 102–190; 105 Stat. 1535), shall re16 main in effect until October 1, 1994, or the date of the en17 actment of an Act authorizing funds for military construc18 tion for fiscal year 1995, whichever is later.

19 (b) TABLES.—(1) The projects referred to in subsection

20 (a) for the Army, in the total amount of $38,200,000, are

21 as follows:

Army: Extension of 1991 Project Authorizations

State Installation or location Project Amount

Maryland ......... Aberdeen Proving

Ground .................

Toxicology Research Facility $33,000,000
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Army: Extension of 1991 Project Authorizations—Continued

State Installation or location Project Amount

Missouri ............ Fort Leonard Wood Child Development Center .... $3,050,000

Virginia ............ Fort Myer ................ Child Development Center .... $2,150,000

1 (2) In the projects referred to in subsection (a) for the

2 Air Force, in the total amount of $39,450,000, are as fol3 lows:

Air Force: Extension of 1991 Project Authorizations

State Installation or location Project Amount

Alaska ............... Clear Air Force

Station .................

Alter Dormitory

(Phase II) ........ $5,000,000

California ......... Sierra Army Depot Dormitory ........... $3,650,000

Colorado ........... Buckley Air National Guard BaseChild Development Center .... $4,550,000

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

Utah .................. Hill Air Force Base Depot Warehouse $16,000,000

4 (3) The project referred to in subsection (a) for Defense

5 Agencies, in the total amount of $9,500,000, is as follows:

Defense Agencies: Extension of 1991 Project Authorizations

State Installation or location Project Amount

Maryland ......... Defense Logistics

Agency, Defense

Reutilization and

Marketing Office,

Fort Meade .......... Covered Storage . $9,500,000
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1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1990 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701(b) of

4 the Military Construction Authorization Act for Fiscal

5 Years 1990 and 1991 (division B of Public Law 101–189;

6 103 Stat. 1645), authorizations for the projects set forth in

7 the table in subsection (b), as provided in section 2301 of

8 that Act and extended by section 2702(a) of the Military

9 Construction Authorization Act for Fiscal Year 1993 (divi10 sion B of Public Law 102–484; 106 Stat. 2603), shall re11 main in effect until October 1, 1994, or the date of the en12 actment of an Act authorizing funds for military construc13 tion for fiscal year 1995, whichever is later.

14 (b) TABLE.—The projects referred to in subsection (a)

15 for the Air Force, in the total amount of $19,000,000, are

16 as follows:

Air Force: Extension of 1990 Project Authorizations

State Installation or location Project Amount

Colorado ........... Lowry Air Force

Base ......................

Computer Operations Facility $15,500,000

Lowry Air Force

Base ......................

Logistics support

facility ............. $3,500,000

17 SEC. 2704. EFFECTIVE DATE.

18 Titles XXI, XXII, XXIII, XXIV, XXV, and XVI shall

19 take effect on the later of—

20 (1) October 1, 1993; or

21 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. REVISION OF MILITARY FAMILY HOUSING RENT7 AL AUTHORITY.

8 (a) ANNUAL ADJUSTMENT OF MAXIMUM LEASE

9 AMOUNT FOR LEASES IN THE UNITED STATES.—Sub10 section (b) of section 2828 of title 10, United States Code,

11 is amended by adding at the end the following:

12 ‘‘(4) The maximum lease amount under paragraphs

13 (2) and (3) shall be increased on January 1 of each year

14 by a percentage equal to the percentage by which the

15 Consumer Price Index for All Urban Consumers published

16 by the Bureau of Labor Statistics for September 30 of the

17 preceding year exceeds the Consumer Price Index for All

18 Urban Consumers for September of the year before such pre19 ceding year.’’.

20 (b) INCREASED MAXIMUM LEASE AMOUNT FOR 300

21 LEASED UNITS IN FOREIGN COUNTRIES.—Paragraph (1)

22 of subsection (e) of such section is amended—

23 (1) in the first sentence—

24 (A) by striking out ‘‘Expenditures’’ and in25 serting in lieu thereof ‘‘(A) Except as provided
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1 in subparagraphs (B) and (C), expenditures’’;

2 and

3 (B) by striking out ‘‘from October 1, 1987’’;

4 (2) by designating the third sentence as subpara5 graph (C);

6 (3) by inserting after subparagraph (A), as des7 ignated by paragraph (1), the following:

8 ‘‘(B) Expenditures for the rental of not more than 300

9 units of family housing in foreign countries (including the

10 costs of utilities, maintenance, and operation) may exceed

11 the maximum amount that, except for this subparagraph,

12 would be applicable under subparagraph (A) but may not

13 exceed $25,000 per unit per annum as adjusted for foreign

14 currency fluctuations from October 1, 1987.’’; and

15 (4) in subparagraph (C), as designated by para16 graph (2), by striking out ‘‘That maximum lease

17 amount’’ and inserting in lieu thereof ‘‘The maxi18 mum lease amounts set forth in subparagraphs (A)

19 and (B).’’.

20 (c) ANNUAL ADJUSTMENT IN MAXIMUM LEASE

21 AMOUNT FOR LEASES IN FOREIGN COUNTRIES.—Such sub22 section is further amended—

23 (1) by redesignating paragraph (2) as para24 graph (3); and
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1 (2) by inserting after paragraph (1), as so

2 amended, the following:

3 ‘‘(3) The maximum lease amount under subpara4 graphs (A) and (B) of paragraph (1) shall be increased on

5 January 1 of each year by a percentage equal to the per6 centage by which the Consumer Price Index for All Urban

7 Consumers published by the Bureau of Labor Statistics for

8 September of the preceding year exceeds the Consumer Price

9 Index for All Urban Consumers for September of the year

10 before such preceding year.’’.

11 (d) CONFORMING AMENDMENT.—Section 2834(b) of

12 title 10, United States Code, is amended by striking out

13 ‘‘amount may be waived by the Secretary concerned under

14 the second sentence of section 2828(e)(1) of this title’’ and

15 inserting in lieu thereof ‘‘amounts under section 2828(e)(1)

16 of this title may be waived by the Secretary concerned

17 under subparagraph (C) of such section’’.

18 SEC. 2802. USE OF PROCEEDS OF SALE OF ELECTRICITY

19 FROM ALTERNATE ENERGY AND COGENERA20 TION PRODUCTION FACILITIES.

21 (a) AVAILABILITY OF PROCEEDS.—Section 2483(b) of

22 title 10, United States Code, is amended by striking out

23 the period at the end and inserting in lieu thereof the fol24 lowing: ‘‘ and may be used as follows:
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1 ‘‘(1) To carry out minor military construction

2 projects under section 2805 of this title that are de3 signed to increase energy conservation.

4 ‘‘(2) To carry out military construction projects

5 under the comprehensive energy performance plan de6 veloped by the Secretary of Defense under section

7 2865(a) of this title.’’.

8 (b) USE OF PROCEEDS.—Section 2865(b)(1) of title

9 10, United States Code, is amended by inserting ‘‘and the

10 funds available under section 2483(b) of this title’’ after

11 ‘‘subsection (d)(2),’’.

12 (c) TECHNICAL AMENDMENTS.—Section 2865(b) of

13 such title is amended—

14 (1) in paragraph (1), by striking out ‘‘The Sec15 retary shall provide that two-thirds’’ and inserting in

16 lieu thereof ‘‘Two-thirds’’; and

17 (2) in paragraph (2), by striking out ‘‘The

18 amount’’ and inserting in lieu thereof ‘‘The Secretary

19 shall provide that the amount’’.

20 SEC. 2803. ENERGY CONSERVATION MEASURES FOR THE

21 DEPARTMENT OF DEFENSE.

22 Section 2865 of title 10, United States Code, is

23 amended—

24 (1) by redesignating subsection (f) as subsection

25 (g); and
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1 (2) by inserting after subsection (e) the following

2 new subsection (f):

3 ‘‘(f) REPLACEMENT OF ENERGY-INEFFICIENT SYS4 TEMS, OPERATIONS, AND PROCESSES.—(1) Energy con5 servation measures identified and accomplished under the

6 energy performance plan developed pursuant to subsection

7 (a) may include—

8 ‘‘(A) replacement of an existing energy consum9 ing system with the best available energy-saving tech10 nology; and

11 ‘‘(B) replacement of an existing maintenance op12 eration or process with a maintenance operation or

13 process that results in energy conservation.

14 ‘‘(2) In paragraph (1), the term ‘energy consuming

15 system’ includes—

16 ‘‘(A) lighting equipment;

17 ‘‘(B) a lighting system;

18 ‘‘(C) heating equipment;

19 ‘‘(D) a heating system;

20 ‘‘(E) cooling equipment;

21 ‘‘(F) a cooling and ventilating system;

22 ‘‘(G) industrial equipment; and

23 ‘‘(H) an industrial system.’’.
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1 SEC. 2804. AUTHORITY TO ACQUIRE EXISTING FACILITIES

2 IN LIEU OF CARRYING OUT CONSTRUCTION

3 AUTHORIZED BY LAW.

4 (a) ACQUISITION AUTHORITY.—(1) Subchapter I of

5 chapter 169 of title 10, United States Code, is amended by

6 adding at the end the following:

7 ‘‘§ 2813. Acquisition of existing facilities in lieu of au8 thorized construction

9 ‘‘The Secretary concerned may acquire an existing fa10 cility (including the real property on which the facility is

11 located) at or near a military installation instead of carry12 ing out a military construction project authorized by law

13 for that military installation, and may use funds appro14 priated for the military construction project to do so, if—

15 ‘‘(1) the Secretary determines that—

16 ‘‘(A) the acquisition of such facility satisfies

17 the requirements of the military department con18 cerned for the authorized military construction

19 project; and

20 ‘‘(B) it is in the best interests of the United

21 States to acquire such facility instead of carry22 ing out the military construction project; and

23 ‘‘(2) the Secretary has transmitted to the Com24 mittees on Armed Services of the Senate and House

25 of Representatives a written notification of the deter26 mination to acquire the existing facility, including
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1 the reasons for acquiring that facility instead of car2 rying out the authorized military construction

3 project.’’.

4 (2) The table of sections at the beginning of subchapter

5 I of such chapter is amended by adding at the end the fol6 lowing:

‘‘2813. Acquisition of existing facilities in lieu of authorized construction.’’.

7 (b) APPLICABILITY.—Section 2813 of title 10, United

8 States Code, as added by subsection (a), shall apply with

9 respect to projects authorized on or after the date of the en10 actment of this Act and to projects authorized before such

11 date for which construction contracts have not been award12 ed before such date.

13 SEC. 2805. TREATMENT OF PARTICIPATION IN DEPART14 MENT OF STATE HOUSING POOL UNDER LIMI15 TATION ON FAMILY HOUSING RENTALS OVER16 SEAS.

17 Section 2834(b) of title 10, United States Code, as

18 amended by section 2801(d), is further amended by striking

19 out ‘‘included.’’ and inserting in lieu thereof ‘‘excluded.’’.

20 SEC. 2806. EXTENSION OF AUTHORITY TO LEASE REAL

21 PROPERTY FOR SPECIAL OPERATIONS AC22 TIVITIES.

23 (a) EXTENSION OF EXPIRING AUTHORITY.—Section

24 2680(d) of title 10, United States Code, is amended by strik-
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1 ing out ‘‘September 30, 1993.’’ and inserting in lieu thereof

2 ‘‘September 30, 1995.’’.

3 (b) EXTENSION OF REPORTING REQUIREMENT.—Sec4 tion 2863(b) of the National Defense Authorization Act for

5 Fiscal Years 1992 and 1993 (Public Law 102–190; 10

6 U.S.C. 2680 note) is amended by striking out ‘‘March 1,

7 1993, and March 1, 1994,’’ and inserting in lieu thereof

8 ‘‘March 1 of each of the years 1994, 1995, and 1996,’’.

9 Subtitle B—Defense Base Closure

10 and Realignment

11 SEC. 2811. MODIFICATION OF REQUIREMENT FOR REPORTS

12 ON ACTIVITIES OF THE DEFENSE BASE CLO13 SURE ACCOUNT 1990.

14 Section 2906(c)(1) of the Defense Base Closure and Re15 alignment Act of 1990 (part A of title XXIX of Public Law

16 101–510; 10 U.S.C. 2687 note) is amended—

17 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

18 (2) by adding at the end the following:

19 ‘‘(B) The report for a fiscal year shall include the fol20 lowing:

21 ‘‘(i) The expenditures, identified by subaccount,

22 for each military department and Defense Agency.

23 ‘‘(ii) The fiscal year in which appropriations for

24 such expenditures were made and the fiscal year in

25 which funds were obligated for such expenditures.
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1 ‘‘(iii) Each military construction project for

2 which such expenditures were made, identified by in3 stallation and project title.

4 ‘‘(iv) A description and explanation of the ex5 tent, if any, to which obligations for military con6 struction projects for the fiscal year differed from pro7 posals for projects and funding levels that were in8 cluded in the justification transmitted to Congress

9 under section 2907(1), or otherwise, for the funding

10 proposals for the Account for such fiscal year, includ11 ing an explanation of—

12 ‘‘(I) any failure to carry out military con13 struction projects that were proposed; and

14 ‘‘(II) any obligations for military construc15 tion projects that were not proposed.’’.

16 SEC. 2812. BASE CLOSURE CRITERIA.

17 (a) REQUIREMENT.—In developing base closure and

18 realignment selection criteria in accordance with section

19 2903(b)(2)(B) of the Defense Base Closure and Realignment

20 Act of 1990 (Public Law 101–510; 10 U.S.C. 2687 note),

21 the Secretary of Defense shall consider whether the criteria

22 should include the direct costs of such closures and

23 realignments to other Federal departments and agencies.

24 (b) REPORT ON AMENDMENT.—(1) The Secretary shall

25 submit to the Committees on Armed Services of the Senate
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1 and House of Representatives a report on any criteria pro2 posed in accordance with section 2903(b)(2)(B) of the De3 fense Base Closure and Realignment Act of 1990. The report

4 shall include a discussion of the proposed criteria and in5 clude a justification for any decision not to propose a cri6 terion regarding the direct costs of base closures and

7 realignments to other Federal agencies and departments.

8 (2) The Secretary shall submit the report upon publi9 cation of the proposed criteria in accordance with section

10 2903(b)(2)(B) of the Defense Base Closure and Realignment

11 Act of 1990.

12 SEC. 2813. LIMITATION ON EXPENDITURE OF FUNDS FROM

13 THE DEFENSE BASE CLOSURE ACCOUNT 1990

14 FOR MILITARY CONSTRUCTION IN SUPPORT

15 OF TRANSFERS OF FUNCTIONS.

16 (a) LIMITATION.—If the Secretary of Defense rec17 ommends to the Base Closure and Realignment Commission

18 pursuant to section 2903(c) of the 1990 base closure Act

19 that an installation be closed or realigned, the Secretary

20 identifies in documents submitted to the Commission one

21 or more installations to which a function performed at the

22 recommended installation would be transferred, and the rec23 ommended installation is closed or realigned pursuant to

24 such Act, then, except as provided in subsection (b) and not25 withstanding any other provision of law, funds in the De-
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1 fense Base Closure Account 1990 may not be used for mili2 tary construction in support of the transfer of that function

3 to any installation other than an installation so identified

4 in such documents.

5 (b) EXCEPTION.—The limitation in subsection (a)

6 ceases to be applicable to military construction in support

7 of the transfer of a function to an installation on the 60th

8 day following the date on which the Secretary submits to

9 the Committees on Armed Services of the Senate and House

10 of Representatives a notification of the proposed transfer

11 that—

12 (1) identifies the installation to which the func13 tion is to be transferred; and

14 (2) includes the justification for the transfer to

15 such installation.

16 (c) DEFINITION.—In this section:

17 (1) The term ‘‘1990 base closure Act’’ means the

18 Defense Base Closure and Realignment Act of 1990

19 (part A of title XXIX of Public Law 101–510; 10

20 U.S.C. 2687 note).

21 (2) The term ‘‘Defense Base Closure Account

22 1990’’ means the account established under section

23 2906 of the 1990 base closure Act.
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1 SEC. 2814. EVALUATION AND REPORT ON PROPOSALS FOR

2 PURCHASE OR LEASE OF CERTAIN FACILI3 TIES, ARLINGTON, VIRGINIA.

4 (a) EVALUATION.—(1) The Secretary of the Navy shall

5 evaluate the proposals referred to in paragraph (2) for leas6 ing or purchasing for the Navy any of the buildings de7 scribed in paragraph (3).

8 (2) Under paragraph (1), the Secretary shall consider

9 proposals presented to the Secretary the proposals that were

10 presented to the 1993 Defense Base Closure and Realign11 ment Commission regarding the building described in para12 graph (3).

13 (3) The buildings referred to in paragraphs (1) and

14 (2) are buildings located in Arlington, Virginia, that are

15 currently leased by the Navy under leases that will termi16 nate as a result of the transfer of Navy functions from such

17 buildings under the base closure process.

18 (b) REPORT.—(1) The Secretary shall submit to the

19 congressional defense committees a report on the evaluation

20 required under subsection (a). The report shall include the

21 following:

22 (A) An assessment of the reasonableness of each

23 proposal in light of market conditions at the time of

24 the report.

25 (B) A comparison of the cost of retaining the

26 functions referred to in subsection (a)(1) at the build-
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1 ings referred to in that subsection through the lease or

2 purchase of such buildings with the cost of transfer3 ring such functions in accordance with the base clo4 sure process.

5 (C) An assessment of the impact on the military

6 capabilities of the Navy of retaining the Naval Sys7 tems Command in close proximity to the Pentagon.

8 (2) The Secretary shall submit the report not later

9 than 180 days after the date of the enactment of this Act.

10 (c) DEFINITIONS.—In this section,

11 (1) The term ‘‘base closure process’’ means the

12 process for selecting military installations for closure

13 or realignment established under the Defense Base

14 Closure and Realignment Act of 1990 (part A of title

15 XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

16 (2) The term ‘‘1993 Defense Base Closure and

17 Realignment Commission’’ means the commission ap18 pointed in 1993 under section 2902 of such Act.

19 SEC. 2815. RESIDUAL VALUE OF OVERSEAS INSTALLATIONS

20 BEING CLOSED.

21 (a) ANNUAL REPORTS.—Subsection (a) of section 1304

22 of the National Defense Authorization Act for Fiscal Year

23 1993 (Public Law 102–484; 10 U.S.C. 113 note) is

24 amended—
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1 (1) in paragraph (1), by inserting ‘‘by installa2 tion’’ after ‘‘basing plan’’;

3 (2) by striking out paragraph (3) and inserting

4 in lieu thereof the following:

5 ‘‘(3) the status of negotiations, if any, between

6 the United States and the host government as to

7 United States claims for compensation for the fair

8 market value of the improvements made by the United

9 States at each installation referred to in paragraph

10 (2), and to any claims of the host government for

11 damages or restoration of the installation, including

12 the representative of the United States in any such

13 negotiations;’’;

14 (3) by redesignating paragraph (6) as para15 graph (7); and

16 (4) by striking out paragraph (5) and inserting

17 in lieu thereof the following new paragraphs (5) and

18 (6):

19 ‘‘(5) the cost to the United States of any im20 provements made at each installation referred to in

21 paragraph (2) and the fair market value of such im22 provements, expressed in constant dollars based on the

23 date of completion of the improvements;

24 ‘‘(6) in each case in which negotiations between

25 the United States and a host government have re-
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1 sulted in an agreement for the payment to the United

2 States by the host government of the value of improve3 ments to an installation made by the United States,

4 the amount of such payment, the form of such pay5 ment, and the expected date of such payment; and’’.

6 (b) OMB REVIEW OF PROPOSED SETTLEMENTS.—Sec7 tion 2921 of the National Defense Authorization Act for Fis8 cal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note)

9 is amended by adding at the end the following:

10 ‘‘(g) OMB REVIEW OF PROPOSED SETTLEMENTS.—

11 The Secretary of Defense may not enter into an agreement

12 of settlement with a host country regarding the release to

13 the host country of improvements made by the United

14 States at facilities at an installation until the Secretary

15 submits the proposed settlement to the Director of the Office

16 of Management and Budget and 30 days elapse after the

17 date of such submittal. The Director shall evaluate the over18 all equity of the proposed settlement. In evaluating the pro19 posed settlement, the Director shall consider such factors as

20 the extent of the United States capital investment in the

21 improvements being released to the host country, deprecia22 tion, the condition of the improvements, and any applicable

23 requirements for environmental remediation or restora24 tion.’’.
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1 SEC. 2816. JUSTIFICATION OF RECOMMENDATIONS FOR

2 CLOSURE OR REALIGNMENT OF INSTALLA3 TIONS PREVIOUSLY CONSIDERED FOR CLO4 SURE OR REALIGNMENT.

5 (a) REQUIREMENT.—(1)(A) The Secretary of Defense

6 shall include with the recommendation of the Secretary for

7 the closure or realignment under a base closure law of an

8 installation referred to in subparagraph (B) the justifica9 tion described in paragraph (2).

10 (B) An installation referred to in subparagraph (A)

11 is any installation recommended by the Secretary of De12 fense for closure or realignment under a base closure law

13 in a year before the date of the enactment of this Act and

14 not recommended for closure or realignment by a base clo15 sure and realignment commission in its recommendations

16 for closure and realignment in that year by reason of the

17 failure of the Secretary’s recommendation to meet the cri18 teria or force structure plan, as the case may be, upon which

19 the Secretary’s recommendation was based.

20 (2) A justification referred to in paragraph (1) shall

21 include—

22 (A) an explanation of—

23 (i) the manner, if any, in which the rec24 ommendation of the Secretary for the closure or

25 realignment of an installation referred to in

26 paragraph (1)(A) is the direct result of—
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1 (I) an amendment to the criteria used

2 by the Secretary in making the rec3 ommendation since the Secretary’s previous

4 recommendation; or

5 (II) changes in the force-structure plan

6 (or other military requirements) since such

7 previous recommendation; and

8 (B) the manner, if any, in which the mak9 ing of such recommendation in accordance with

10 such amendment or changes eliminates the fail11 ure referred to in paragraph (1)(B); or

12 (2) in the event that such recommendation is not

13 the direct result of such amendment or changes, an

14 explanation of the manner in which such rec15 ommendation addresses the failure referred to in

16 paragraph (1)(B).

17 (b) DEFINITION.—In this section, the term ‘‘base clo18 sure law’’ means the following:

19 (1) The provisions of title II of the Defense Au20 thorization Amendments and Base Closure and Re21 alignment Act (Public Law 100–526; 10 U.S.C. 2687

22 note).

23 (2) The Defense Base Closure and Realignment

24 Act of 1990 (part A of title XXIX of Public Law 101–

25 510; 10 U.S.C. 2687 note).
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1 SEC. 2817. EMPLOYMENT OF DEPARTMENT OF DEFENSE CI2 VILIAN PERSONNEL TO CARRY OUT ENVIRON3 MENTAL RESTORATION AT MILITARY INSTAL4 LATIONS TO BE CLOSED.

5 (a) IN GENERAL.—(1) The Secretary of Defense may,

6 in keeping with the cost saving and cleanup schedule goals

7 of the Department of Defense with respect to the closure of

8 military installations—

9 (A) provide such training to the personnel de10 scribed in paragraph (2) as the Secretary determines

11 necessary in order to qualify such personnel to carry

12 out environmental assessment, remediation, and res13 toration activities (including asbestos abatement) at

14 military installations closed or to be closed pursuant

15 to a base closure law; and

16 (B) employ such personnel to carry out such ac17 tivities, or require contractors engaged in carrying

18 out such activities to employ such personnel.

19 (2) The personnel referred to in paragraph (1) are De20 partment of Defense civilian personnel whose employment

21 would be terminated (except for the employment of such per22 sonnel under paragraph (1)) by reason of the closure of a

23 military installation pursuant to a base closure law.

24 (3) This subsection shall not be construed to revise or

25 modify any requirement established under Federal or State

26 law relating to environmental assessment, remediation, or
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1 restoration activities at military installations referred to

2 in paragraph (1)(A).

3 (b) PRIORITY IN TRAINING AND EMPLOYMENT.—The

4 Secretary shall give priority in providing training and em5 ployment under subsection (a) to persons employed at any

6 military installation whose closure pursuant to a base clo7 sure law will directly result in the termination of the em8 ployment of at least 1,000 Department of Defense civilian

9 employees.

10 (c) FUNDING.—Notwithstanding any other provision

11 of law, the Secretary may carry out the training and em12 ployment referred to in subsection (a) using funds available

13 for environmental training in addition to funds in the fol14 lowing accounts:

15 (1) The Department of Defense Base Closure Ac16 count established under section 207 of the Defense Au17 thorization Amendments and Base Closure and Re18 alignment Act (Public Law 100–526; 10 U.S.C. 2687

19 note).

20 (2) The Department of Defense Base Closure Ac21 count 1990 established under section 2906 of the De22 fense Base Closure and Realignment Act of 1990

23 (part A of title XXIX of Public Law 101–510; 10

24 U.S.C. 2687 note).
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1 (d) DEFINITION.—In this section, the term ‘‘base clo2 sure law’’ means the following:

3 (1) The provisions of title II of the Defense Au4 thorization Amendments and Base Closure and Re5 alignment Act (Public Law 100–526; 10 U.S.C. 2687

6 note).

7 (2) The Defense Base Closure and Realignment

8 Act of 1990 (part A of title XXIX of Public Law 101–

9 510; 10 U.S.C. 2687 note).

10 SEC. 2818. REPORTS ON COSTS OF THE CLOSURE OR RE11 ALIGNMENT OF MILITARY INSTALLATIONS.–

12 (a) ESTIMATED COSTS OF CLOSURES AND

13 REALIGNMENTS.—(1) The Secretary of Defense shall submit

14 to the congressional defense committees a report on the costs

15 (other than costs related to environmental restoration and

16 remediation) estimated at the time of the report of the clo17 sure or realignment of any military installation referred

18 to in paragraph (2) under the Defense Base Closure and

19 Realignment Act of 1990 (part A of title XXIX of Public

20 Law 101–510; 10 U.S.C. 2687 note) as follows:

21 (A) Not later than 6 months after the date of the

22 enactment of this Act, in the case of such installations

23 approved for closure or realignment under such Act

24 in 1991 and not closed or realigned on such date.
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1 (B) Not later than January 1, 1995, in the case

2 of such installations approved for closure or realign3 ment under such Act in 1993.

4 (2) A military installation referred to in paragraph

5 (1) is an installation whose closure or realignment results

6 in the termination of employment at the installation of not

7 less than 1,000 Department of Defense civilian employees.

8 (b) EXCESS COSTS.—If the costs (other than costs re9 lated to environmental restoration and remediation) to be

10 incurred by the Secretary in carrying out the closure or

11 realignment under a base closure law of a military installa12 tion referred to in subsection (a) exceeds by more than 50

13 percent the costs estimated for such closure or realignment

14 in the cost estimate prepared by the Secretary in rec15 ommending the installation for closure or realignment—

16 (1) the Secretary shall notify the Comptroller

17 General that the costs of such closure or realignment

18 will exceed such estimated costs; and

19 (2) not later than 6 months after the date of such

20 notification, the Comptroller General shall submit to

21 such committees a detailed audit of the costs to be in22 curred by the Secretary in carrying out such closure

23 or realignment, including an assessment of the rea24 sons that such costs differed from the cost estimated

25 for such closure or realignment in such costs estimate.
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1 (c) ANNUAL REPORT ON EXCESS COSTS.—(1) The Sec2 retary shall submit to the congressional defense committees

3 an annual report on the estimated costs of activities related

4 to the closure or realignment, as the case may be, of each

5 installation for which the Secretary makes the determina6 tion referred to in subsection (b).

7 (2) Each report under paragraph (1) shall include—

8 (A) an estimate of the costs to be incurred

9 by the Secretary in completing the closure or re10 alignment, as the case may be, of the installa11 tion; and

12 (B) if the amount of such costs exceed the

13 amount of estimated costs for such completion in

14 the report on the installation submitted under

15 this section in the previous year, an explanation

16 of such excess.

17 (3) The Secretary shall submit the report required

18 under paragraph (1) at the same time as the President sub19 mits to Congress the budget for the Department of Defense

20 under section 1105 of title 31, United States Code. The Sec21 retary shall submit a report for each installation referred

22 to in that paragraph until the completion of the closure or

23 realignment, as the case may be, of such installation.
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1 (d) REQUIREMENT RELATING TO REPORTS.—Costs

2 shall be expressed in each report required under this section

3 in constant fiscal year 1993 dollars.

4 (e) DEFINITION.—In this section, the term ‘‘base clo5 sure law’’ means the following:

6 (1) The provisions of title II of the Defense Au7 thorization Amendments and Base Closure and Re8 alignment Act (Public Law 100–526; 10 U.S.C. 2687

9 note).

10 (2) The Defense Base Closure and Realignment

11 Act of 1990 (part A of title XXIX of Public Law 101–

12 510; 10 U.S.C. 2687 note).

13 SEC. 2819. CONSULTATION REQUIREMENT FOR LOCAL

14 REUSE AUTHORITIES AND GOVERNMENTS.

15 Section 2905(b)(2) of the Defense Base Closure and Re16 alignment Act of 1990 (title XXIX of Public Law 101–510;

17 10 U.S.C. 2687 note), as amended by section 2907, is fur18 ther amended by adding at the end the following new sub19 paragraphs (I) and (J):

20 ‘‘(I) Subject to subparagraph (J), the local reuse au21 thority with respect to a military installation closed under

22 this part, or the local government in whose jurisdiction the

23 installation is wholly located, as the case may be, shall cer24 tify to the Secretary that such authority or government, as

25 the case may be, has consulted in the efforts of such author-
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1 ity or government on such plan and, to the maximum extent

2 practicable, included in such efforts the following:

3 ‘‘(i) The civilian employees of the Department of

4 Defense at such installation.

5 ‘‘(ii) The regional and local chambers of com6 merce, if any, in such vicinity of the installation.

7 ‘‘(iii) Appropriate representatives of any govern8 mental entity in the region in which such installation

9 is located, if the number of employees of such installa10 tion on the date of the approval of closure of such in11 stallation constitutes more than 5 percent of the total

12 civilian workforce of the area under the jurisdiction

13 of such governmental entity.

14 ‘‘(J)(i) The certification required under subparagraph

15 (I) shall be submitted, in the case of installations approved

16 for closure under this part for which no reutilization and

17 redevelopment plan has been submitted to the Secretary on

18 or before the date of the enactment of this Act, before the

19 submittal of such plans for such installations.

20 ‘‘(ii) Each local reuse authority or local government,

21 as the case may be, that has submitted an interim

22 reutilization and redevelopment plan to the Secretary under

23 this part on or before the date of the enactment of this Act

24 shall submit a certification to the Secretary under subpara-
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1 graph (I) before the submittal of its final reutilization and

2 redevelopment plan.’’.

3 Subtitle C—Land Transactions

4 SEC. 2831. CONVEYANCE OF NATURAL GAS DISTRIBUTION

5 SYSTEM, FORT BELVOIR, VIRGINIA.

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

7 Army may convey to the Washington Gas Company, Vir8 ginia (in this section referred to as ‘‘Washington Gas Com9 pany’’), all right, title, and interest of the United States

10 in and to the natural gas distribution system described in

11 paragraph (2).

12 (2) The natural distribution gas system referred to in

13 paragraph (1) is the natural gas distribution system, lo14 cated at Fort Belvoir, Virginia, consisting of approximately

15 15.6 miles of natural gas distribution lines and the equip16 ment, fixtures, structures, and other improvements owned

17 and utilized by the Federal Government at Fort Belvoir in

18 order to provide natural gas to and distribute natural gas

19 at Fort Belvoir. The natural gas distribution system does

20 not include any real property.

21 (b) RELATED EASEMENTS.—The Secretary may grant

22 to Washington Gas Company the following easements relat23 ing to the conveyance of the natural gas distribution system

24 authorized by subsection (a):
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1 (1) Such easements, if any, as the Secretary and

2 Washington Gas Company jointly determine are nec3 essary in order to provide access to the natural gas

4 distribution system for maintenance, safety, and other

5 purposes.

6 (2) Such rights of way appurtenant, if any, as

7 the Secretary and Washington Gas Company jointly

8 determine are necessary in order to satisfy require9 ments imposed by any Federal or State agency relat10 ing to the maintenance of a buffer zone around the

11 natural gas distribution system.

12 (c) REQUIREMENT RELATING TO CONVEYANCE.—The

13 Secretary may not carry out the conveyance of the natural

14 gas distribution system authorized in subsection (a) unless

15 Washington Gas Company agrees to accept the system in

16 its existing condition at the time of the conveyance.

17 (d) CONDITIONS.—The conveyance of the natural gas

18 distribution system authorized by subsection (a) is subject

19 to the following conditions:

20 (1) That Washington Gas Company provide nat21 ural gas to and distribute natural gas at Fort Belvoir

22 at a rate that is no less favorable than the rate Wash23 ington Gas Company would charge a public or pri24 vate consumer of natural gas similar to Fort Belvoir

25 for the provision and distribution of natural gas.
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1 (2) That Washington Gas Company maintain,

2 repair, conduct safety inspections, and conduct leak

3 test surveys required for the natural gas distribution

4 system.

5 (3) That Washington Gas Company, at no cost

6 to the Federal Government, expand and upgrade the

7 natural gas distribution system as necessary to meet

8 the increasing needs of Fort Belvoir for natural gas

9 that will result from conversion, to the extent antici10 pated by the Secretary at the time of conveyance, of

11 oil-burning utilities at Fort Belvoir to natural gas12 burning utilities.

13 (4) That Washington Gas Company comply with

14 all applicable environmental laws and regulations

15 (including any permit or license requirements) in

16 providing and distributing natural gas to Fort

17 Belvoir through the natural gas distribution system.

18 (5) That Washington Gas Company not com19 mence any expansion of the natural gas distribution

20 system without approval of such expansion by the

21 commander of Fort Belvoir.

22 (e) FAIR MARKET VALUE.—The Secretary shall ensure

23 that the value to the Army of the actions taken by Washing24 ton Gas Company in accordance with subsection (d) is at
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1 least equal to the fair market value of the natural gas dis2 tribution system conveyed pursuant to subsection (a).

3 (f) REVERSION.—If the Secretary determines at any

4 time that Washington Gas Company is not complying with

5 the conditions set forth in subsection (d), all right, title,

6 and interest of Washington Gas Company in and to the

7 natural gas distribution system conveyed pursuant to sub8 section (a), including improvements thereto and any modi9 fications made to the system by Washington Gas Company

10 after such conveyance, and any easements granted under

11 subsection (b), shall revert to the United States and the

12 United States shall have the right of immediate possession,

13 including the right to operate the system.

14 (g) DESCRIPTION OF PROPERTY.—The exact legal de15 scription of the equipment, fixtures, structures, and im16 provements to be conveyed under subsection (a), and of any

17 easements granted under subsection (b), shall be determined

18 in a manner, including by survey, satisfactory to the Sec19 retary. The cost of any survey or other services performed

20 at the direction of the Secretary pursuant to the authority

21 in the preceding sentence shall be borne by Washington Gas

22 Company.

23 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require any additional terms and conditions

25 in connection with the conveyance under subsection (a) and
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1 the grant of any easement under subsection (b) that the Sec2 retary considers appropriate to protect the interests of the

3 United States.

4 SEC. 2832. CONVEYANCE OF WATER DISTRIBUTION SYSTEM,

5 FORT LEE, VIRGINIA.

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

7 Army may convey to the American Water Company, Vir8 ginia (in this section referred to as ‘‘American Water Com9 pany’’), all right, title, and interest of the United States

10 in and to the water distribution system described in para11 graph (2).

12 (2) The water distribution system described in para13 graph (1) is the water distribution system located at Fort

14 Lee, Virginia, consisting of approximately 7 miles of trans15 mission lines, 85 miles of distribution and service lines, fire

16 hydrants, elevated storage tanks, pumping stations, and

17 other improvements, owned and utilized by the Federal

18 Government in order to provide water to and distribute

19 water at Fort Lee. The water distribution system does not

20 include any real property.

21 (b) RELATED EASEMENTS.—The Secretary may grant

22 to American Water Company the following easements relat23 ing to the conveyance of the water distribution system au24 thorized by subsection (a):
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1 (1) Such easements, if any, as the Secretary and

2 American Water Company jointly determine are nec3 essary in order to provide for access by American

4 Water Company to the water distribution system for

5 maintenance, safety, and related purposes.

6 (2) Such rights of way appurtenant, if any, as

7 the Secretary and American Water Company jointly

8 determine are necessary in order to satisfy require9 ments imposed by any Federal or State agency relat10 ing to the maintenance of a buffer zone around the

11 water distribution system.

12 (c) REQUIREMENT RELATING TO CONVEYANCE.—The

13 Secretary may not carry out the conveyance of the water

14 distribution system authorized by subsection (a) unless

15 Washington Gas Company agrees to accept the system in

16 its existing condition at the time of the conveyance.

17 (d) CONDITIONS.—The conveyance of the water dis18 tribution system authorized in subsection (a) shall be sub19 ject to the following conditions:

20 (1) That American Water Company provide

21 water to and distribute water at Fort Lee at a rate

22 that is no less favorable than the rate American

23 Water Company would charge a public or private

24 consumer of water similar to Fort Lee for the provi25 sion and distribution of water.
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1 (2) That American Water Company maintain,

2 repair, and conduct safety inspections of the water

3 distribution system.

4 (3) That American Water Company comply with

5 all applicable environmental laws and regulations

6 (including any permit or license requirements) in

7 providing and distributing water at Fort Lee through

8 the water distribution system.

9 (4) That American Water Company not com10 mence any expansion of the water distribution system

11 without approval of such expansion by the com12 mander of Fort Lee.

13 (e) FAIR MARKET VALUE.—The Secretary shall ensure

14 that the value to the Army of the actions taken by American

15 Water Company in accordance with subsection (d) is at

16 least equal to the fair market value of the water distribution

17 system conveyed pursuant to subsection (a).

18 (f) REVERSION.—If the Secretary determines at any

19 time that American Water Company is not complying with

20 the conditions specified in subsection (d), all right, title,

21 and interest of American Water Company in and to the

22 water distribution system conveyed pursuant to subsection

23 (a), including any improvements thereto and any modifica24 tions made to the system by American Water Company

25 after such conveyance, and any easements granted under
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1 subsection (b), shall revert to the United States and the

2 United States shall have the immediate right to operate the

3 water distribution system.

4 (g) DESCRIPTION OF PROPERTY.—The exact legal de5 scription of the water distribution system to be conveyed

6 pursuant to subsection (a), including any easements grant7 ed with respect to such system under subsection (b), shall

8 be determined in a manner, including by survey, satisfac9 tory to the Secretary. The cost of any survey or other serv10 ices performed at the direction of the Secretary pursuant

11 to the authority in the preceding sentence shall be borne

12 by American Water Company.

13 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require any additional terms and conditions

15 in connection with the conveyance under subsection (a) and

16 the grant of any easement under subsection (b) that the Sec17 retary considers appropriate to protect the interests of the

18 United States.

19 SEC. 2833. CONVEYANCE OF WASTE WATER TREATMENT FA20 CILITY, FORT PICKETT, VIRGINIA.

21 (a) AUTHORITY TO CONVEY.—The Secretary of the

22 Army may convey to the Town of Blackstone, Virginia (in

23 this section referred to as the ‘‘Town’’), all right, title, and

24 interest of the United States in and to a parcel of real prop25 erty consisting of approximately 11.5 acres, including a
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1 waste water treatment facility and other improvements

2 thereon, located at Fort Pickett, Virginia.

3 (b) CONDITIONS.—The conveyance authorized in sub4 section (a) shall be subject to the following conditions:

5 (1) That the Town design and carry out such ex6 pansion or improvement of the waste water treatment

7 facility as the Secretary and the Town jointly deter8 mine necessary in order to ensure operation of the fa9 cility in compliance with all applicable Federal and

10 State environmental laws (including any permit or

11 license requirements).

12 (2) That the Town operate the waste water treat13 ment facility in compliance with such laws.

14 (3) That the Town provide disposal services,

15 waste water treatment services, and other related serv16 ices to Fort Pickett at a rate that is no less favorable

17 than the rate the Town would charge a public or pri18 vate entity similar to Fort Pickett for the provision

19 of such services.

20 (4) That the Town reserve 75 percent of the oper21 ating capacity of the waste water treatment facility

22 for use by the Army in the event that such use is ne23 cessitated by a realignment or change in the oper24 ations of Fort Pickett.
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1 (5) That the Town accept liability under the

2 Comprehensive Environmental Response, Compensa3 tion, and Liability Act of 1980 (42 U.S.C. 9601 et

4 seq.) for any environmental restoration or remedi5 ation required at the facility by reason of the provi6 sion of waste water treatment services at the facility

7 to entities other than the Army.

8 (c) FAIR MARKET VALUE.—The Secretary shall ensure

9 that the value to the Army of the actions taken by the Town

10 in accordance with subsection (d) is at least equal to the

11 fair market value of the waste water treatment facility con12 veyed pursuant to subsection (a).

13 (d) REVERSION.—If the Secretary determines at any

14 time that the Town is not complying with the conditions

15 specified in subsection (b), all right, title, and interest in

16 and to the real property (including the waste water treat17 ment system) conveyed pursuant to subsection (a), includ18 ing any improvements thereto and any modifications made

19 to the system by the Town after such conveyance, shall re20 vert to the United States and the United States shall have

21 the right of immediate entry thereon, including the right

22 of access to and operation of the waste water treatment sys23 tem.

24 (e) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the property to be conveyed under
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1 subsection (a) shall be determined by a survey satisfactory

2 to the Secretary. The cost of the survey shall be borne by

3 the Town.

4 (f) ENVIRONMENTAL COMPLIANCE.—(1) The Town

5 shall be responsible for compliance with all applicable envi6 ronmental laws and regulations, including any permit or

7 license requirements. The Town shall also be responsible for

8 executing and constructing environmental improvements to

9 the plant as required by applicable law.

10 (2) The Secretary, subject to the availability of appro11 priated funds, and the Town shall share future environ12 mental compliance costs based on a pro rata share of re13 served plant capacity as determined by the Secretary under

14 subsection (c).

15 (3) The Secretary of the Army shall complete any envi16 ronmental removal or remediation required under the Com17 prehensive Environmental Response, Compensation, and

18 Liability Act of 1980 (42 U.S.C. 9601 et seq.) with respect

19 to the facility conveyed under this section before carrying

20 out the conveyance.

21 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require any additional terms and conditions

23 in connection with the conveyance authorized under sub24 section (a) that the Secretary considers appropriate to pro25 tect the interests of the United States.
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1 SEC. 2834. CONVEYANCE OF WATER DISTRIBUTION SYSTEM

2 AND RESERVOIR, STEWART ARMY SUBPOST,

3 NEW YORK.

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

5 Army may convey to the Town of New Windsor, New York

6 (in this section referred to as the ‘‘Town’’), all right, title,

7 and interest of the United States in and to the property

8 described in paragraph (2).

9 (2) The property referred to in paragraph (1) is the

10 following property located at the Stewart Army Subpost,

11 New York:

12 (A) A parcel of real property consisting of ap13 proximately 7 acres, including a reservoir and im14 provements thereon, the site of the Stewart Army

15 Subpost water distribution system.

16 (B) Any equipment, fixtures, structures, or other

17 improvements (including any water transmission

18 lines, water distribution and service lines, fire hy19 drants, water pumping stations, and other improve20 ments) not located on the parcel described in subpara21 graph (A) that are owned and utilized by the Federal

22 Government in order to provide water to and distrib23 ute water at Stewart Army Subpost.

24 (b) RELATED EASEMENTS.—The Secretary may grant

25 to the Town the following easements relating to the convey26 ance of the property authorized by subsection (a):
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1 (1) Such easements, if any, as the Secretary and

2 the Town jointly determine are necessary in order to

3 provide access to the water distribution system re4 ferred to in paragraph (2) of that subsection for

5 maintenance, safety, and other purposes.

6 (2) Such rights of way appurtenant, if any, as

7 the Secretary and the Town jointly determine are nec8 essary in order to satisfy requirements imposed by

9 any Federal or State agency relating to the mainte10 nance of a buffer zone around the water distribution

11 system.

12 (c) REQUIREMENT RELATING TO CONVEYANCE.—The

13 Secretary may not carry out the conveyance of the water

14 distribution system authorized in subsection (a) unless the

15 Town agrees to accept the system in its existing condition

16 at the time of the conveyance.

17 (d) CONDITIONS.—The conveyance authorized in sub18 section (a) shall be subject to the following conditions:

19 (1) That the Town provide water to and distrib20 ute water at Stewart Army Subpost at a rate that is

21 no less favorable than the rate the Town would charge

22 a public or private entity similar to Stewart Army

23 Subpost for the provision and distribution of water.

24 (2) That the Town operate the water distribution

25 system in compliance with all applicable Federal and
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1 State environmental laws and regulations (including

2 any permit and license requirements).

3 (3) That the Town not commence any expansion

4 of the water distribution system without approval of

5 such expansion by the commander of Stewart Army

6 Subpost.

7 (e) FAIR MARKET VALUE.—The Secretary shall ensure

8 that the value to the Army of the actions taken by the Town

9 in accordance with subsection (d) is at least equal to the

10 fair market value of the water distribution system conveyed

11 pursuant to subsection (a).

12 (f) REVERSION.—If the Secretary determines at any

13 time that the Town is not complying with the conditions

14 specified in subsection (d), all right, title, and interest of

15 the Town in and to the property (including the water dis16 tribution system) conveyed pursuant to subsection (a), in17 cluding any improvements thereto and any modifications

18 made to the water distribution system by the Town after

19 such conveyance, shall revert to the United States and the

20 United States shall have the right of immediate entry there21 on, including the right of access to and operation of the

22 water distribution system.

23 (g) DESCRIPTION OF PROPERTY.—The exact legal de24 scription of the property to be conveyed under subsection

25 (a), and of any easements granted under subsection (b),
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1 shall be determined in a manner, including by survey, sat2 isfactory to the Secretary. The cost of any survey or other

3 services performed at the direction of the Secretary pursu4 ant to the authority in the preceding sentence, shall be borne

5 by the Town.

6 (h) ENVIRONMENTAL CLEANUP.—The Secretary shall

7 complete any environmental removal or remediation re8 quired under the Comprehensive Environmental Response,

9 Compensation, and Liability Act of 1980 (42 U.S.C. 9601

10 et seq.) with respect to the facility conveyed under this sec11 tion before carrying out the conveyance.

12 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require any additional terms and conditions

14 in connection with the conveyance authorized under sub15 section (a) and the easements granted under subsection (b)

16 that the Secretary considers appropriate to protect the in17 terests of the United States.

18 SEC. 2835. LEASE OF REAL PROPERTY, CAMP PENDLETON

19 MARINE CORPS BASE, CALIFORNIA.

20 (a) AUTHORITY TO ENTER INTO LEASE.—(1) The Sec21 retary of the Navy may lease to Tri-Cities Municipal Water

22 District, California (in this section referred to as the ‘‘Dis23 trict’’), a special governmental district of the State of Cali24 fornia, such parcels (including sub-surface portions of such

25 parcels) of real property located in the vicinity of the lower
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1 San Mateo Water Basin, in the northern portion of Camp

2 Pendleton Marine Corps Base, California, as the Secretary

3 determines will meet the requirement set forth in paragraph

4 (2).

5 (2) The lease authorized in paragraph (1) shall permit

6 the District—

7 (A) to develop, operate, and maintain water ex8 traction facilities on the parcels subject to the lease;

9 and

10 (B) to provide water and water distribution

11 services for the District and for the northern portion

12 of Camp Pendleton Marine Corps Base in a manner

13 mutually beneficial to the District and Camp Pendle14 ton Marine Corps Base (as jointly determined by the

15 Secretary and the District).

16 (3) The lease shall be for such period not longer than

17 50 years as the Secretary determines to be in the best inter18 ests of the United States.

19 (b) CONSIDERATION.—As consideration for the lease

20 authorized by subsection (a)—

21 (1) the District shall—

22 (A) construct, operate, and maintain on the

23 property subject to the lease such improvements

24 as the Secretary and the District jointly deter25 mine to be necessary in order to ensure that
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1 water is delivered to and stored in the lower San

2 Mateo Water Basin so as to provide a sustained

3 source of water sufficient for the purposes of

4 Camp Pendleton Marine Corps Base and the

5 District; and

6 (B) operate and maintain the water extrac7 tion, storage, and distribution system (including

8 any infrastructure associated with such system)

9 located within the northern portion of Camp

10 Pendleton Marine Corps Base; and

11 (2) in the event that the fair market value of the

12 interests leased by the Secretary under subsection

13 (a)(1) exceeds the fair market value (as so deter14 mined) of the actions taken by the District under

15 paragraph (1) of this subsection, the District shall

16 pay or provide in-kind services to the United States

17 in an amount or value, as the case may be, that is

18 equal to such excess amount.

19 (c) DESCRIPTION OF PROPERTY.—The exact acreages

20 and legal descriptions of the parcels to be leased pursuant

21 to subsection (a) shall be determined by a survey satisfac22 tory to the Secretary. The cost of such survey shall be borne

23 by District.

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require any additional terms and conditions
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1 in connection with the lease under subsection (a) that the

2 Secretary considers appropriate to protect the interests of

3 the United States.

4 SEC. 2836. CONVEYANCE OF ELECTRICITY DISTRIBUTION

5 SYSTEM, FORT DIX, NEW JERSEY.

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

7 Army may convey to the Jersey Central Power and Light

8 Company, New Jersey (in this section referred to as ‘‘Jersey

9 Central’’), all right, title, and interest of the United States

10 in and to the electricity distribution system described in

11 paragraph (2).

12 (2) The electricity distribution system referred to in

13 paragraph (1) is the electricity distribution system located

14 at Fort Dix, New Jersey, consisting of approximately 145.6

15 miles of electricity distribution lines, electricity poles,

16 transformers, electricity substations, and other electricity

17 distribution improvements owned and utilized by the Fed18 eral Government in order to provide electricity to and dis19 tribute electricity at Fort Dix. The electricity distribution

20 system does not include any real property.

21 (b) RELATED EASEMENTS.—The Secretary may grant

22 to Jersey Central the following easements relating to the

23 conveyance of the electricity distribution system authorized

24 by subsection (a):
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1 (1) Such easements, if any, as the Secretary and

2 Jersey Central jointly determine are necessary in

3 order to provide for the access by Jersey Central to

4 the electricity distribution system for maintenance,

5 safety, and related purposes.

6 (2) Such rights of way appurtenant, if any, as

7 the Secretary and Jersey Central jointly determine

8 are necessary in order to satisfy the requirements im9 posed by any Federal or State agency relating to the

10 maintenance of a buffer zone around the electricity

11 distribution system.

12 (c) REQUIREMENT RELATING TO CONVEYANCE.—The

13 Secretary may not carry out the conveyance of the elec14 tricity distribution system authorized by subsection (a) un15 less Jersey Central agrees to accept the system in its exist16 ing condition at the time of the conveyance.

17 (d) CONDITIONS.—The conveyance of the electricity

18 distribution system authorized in subsection (a) shall be

19 subject to the following conditions:

20 (1) That Jersey Central provide electricity to

21 and distribute electricity at Fort Dix at a rate that

22 is no less favorable than the rate Jersey Central

23 would charge a public or private consumer of elec24 tricity similar to Fort Dix for the provision and dis25 tribution of electricity.
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1 (2) That Jersey Central carry out safety up2 grades to permit the distribution system to carry elec3 tricity at up to 13,800 volts.

4 (3) That Jersey Central improve the electricity

5 distribution system by installing additional lightning

6 protection devices in such a manner as to permit the

7 installation of air conditioning in family housing

8 units.

9 (4) That Jersey Central maintain and repair,

10 and conduct safety inspections and power factor sur11 veys, of the electricity distribution system.

12 (5) That Jersey Central comply with all applica13 ble environmental laws and regulations (including

14 any permit or license requirements) in providing and

15 distributing electricity at Fort Dix through the elec16 tricity distribution system.

17 (6) That Jersey Central not commence any ex18 pansion of the electricity distribution system without

19 approval of such expansion by the commander of Fort

20 Dix.

21 (e) FAIR MARKET VALUE.—The Secretary shall ensure

22 that the value to the Army of the actions taken by Jersey

23 Central in accordance with subsection (d) is at least equal

24 to the fair market value of the electricity distribution sys25 tem conveyed pursuant to subsection (a).
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1 (f) REVERSION.—If the Secretary determines at any

2 time that Jersey Central is not complying with the condi3 tions specified in subsection (d), all right, title, and interest

4 of Jersey Central in and to the electrical distribution system

5 conveyed pursuant to subsection (a), including any im6 provements thereto and any modifications made to the sys7 tem by Jersey Central after such conveyance, and any ease8 ments granted under subsection (b), shall revert to the Unit9 ed States and the United States shall have the right of im10 mediate entry thereon, including the right to operate the

11 electricity distribution system.

12 (g) DESCRIPTION OF PROPERTY.—The exact legal de13 scription of the electricity distribution system to be con14 veyed pursuant to subsection (a), and of any easements

15 granted under subsection (b), shall be determined in a man16 ner, including by survey, satisfactory to the Secretary. The

17 cost of any survey or other services performed at the direc18 tion of the Secretary pursuant to the authority in the pre19 ceding sentence shall be borne by Jersey Central.

20 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require any additional terms and conditions

22 in connection with the conveyance under subsection (a) and

23 the grant of any easement under subsection (b) that the Sec24 retary considers appropriate to protect the interests of the

25 United States.
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1 SEC. 2837. MODIFICATION OF TERMINATION OF LEASE AND

2 SALE OF FACILITIES, NAVAL RESERVE CEN3 TER, ATLANTA, GEORGIA.

4 (a) CONSIDERATION.—Subsection (b) of section 2846

5 of the Military Construction Authorization Act for Fiscal

6 Year 1993 (division B of Public Law 102–484; 106 Stat.

7 2623) is amended by striking out ‘‘aggregate’’ and all that

8 follows through ‘‘subsection (a)(2)’’ and inserting in lieu

9 thereof ‘‘lesser of the cost of expanding the Marine Corps

10 Reserve Center to be constructed at Dobbins Air Force Base,

11 Georgia, in accordance with subsection (c)(1), or

12 $3,000,000’’.

13 (b) USE OF FUNDS.—Subsection (c) of such section is

14 amended—

15 (1) by striking out paragraph (2);

16 (2) in paragraph (1), by striking out ‘‘(1)(A)

17 Subject to the availability of appropriations for this

18 purpose and subparagraph (B),’’ and inserting in

19 lieu thereof ‘‘(1) Subject to paragraph (2),’’;

20 (3) by redesignating subparagraph (B) as para21 graph (2); and

22 (4) in paragraph (2), as so designated, by strik23 ing out ‘‘subparagraph (A)’’ and inserting in lieu

24 thereof ‘‘paragraph (1)’’.

25 (c) LEASEBACK OF FACILITIES.—Such section 2846 is

26 further amended—
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1 (1) by redesignating subsection (d) as subsection

2 (e); and

3 (2) by inserting after subsection (c) the following

4 new subsection (d):

5 ‘‘(d) LEASEBACK OF FACILITIES.—The Secretary may

6 lease from the Institute, at fair market rental value, the

7 facilities referred to in subsection (a)(2) after the sale of

8 such facilities referred to in that subsection. The term of

9 such lease may not exceed 2 years.’’.

10 SEC. 2838. CONVEYANCE OF RADAR BOMB SCORING SITE,

11 CONRAD, MONTANA.

12 (a) CONVEYANCE.—The Secretary of the Air Force

13 may convey, without consideration, to the City of Conrad,

14 Montana (in this section referred to as the ‘‘City’’), all

15 right, title, and interest of the United States in and to the

16 parcel of real property consisting of approximately 42 acres

17 located in Conrad, Montana, which has served as a support

18 complex, recreational facilities, and family housing for the

19 Radar Bomb Scoring Site, Conrad, Montana, together with

20 any improvements thereon.

21 (b) CONDITION OF CONVEYANCE.—The conveyance au22 thorized under subsection (a) shall be subject to the condi23 tion that the City—
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1 (1) utilize the property and recreational facili2 ties conveyed under that subsection for housing and

3 recreation purposes; or

4 (2) enter into an agreement with an appropriate

5 public or private entity to lease such property and fa6 cilities to that entity for such uses.

7 (c) REVERSION.—If the Secretary determines at any

8 time that the property conveyed under subsection (a) is not

9 being utilized in accordance with subsection (b) all right,

10 title, and interest in and to the property conveyed pursuant

11 to such subsection (a), including any improvements thereon,

12 shall revert to the United States and the United States shall

13 have the right of immediate entry onto the property.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the property conveyed under this

16 section shall be determined by a survey satisfactory to the

17 Secretary. The cost of such survey shall be borne by the City.

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under this section as the

21 Secretary determines appropriate to protect the interests of

22 the United States.
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1 SEC. 2839. FINANCIAL ASSISTANCE FOR IMPROVEMENT OF

2 DYSART CHANNEL, LUKE AIR FORCE BASE,

3 ARIZONA.

4 (a) ASSISTANCE AUTHORIZED.—The Secretary of the

5 Air Force may provide financial assistance, out of any

6 funds available for the Air Force for fiscal years after fiscal

7 year 1993, to the Flood Control District of Maricopa Coun8 ty, Arizona (in this section referred to as ‘‘the Flood Control

9 District’’), in order to assist the Flood Control District in

10 widening Dysart Channel and making such other improve11 ments of Dysart Channel that the Secretary and the Flood

12 Control District jointly determine are necessary to prevent

13 the flooding of Luke Air Force Base, Arizona.

14 (b) MAXIMUM AMOUNT.—The total amount of the fi15 nancial assistance provided under this section may not ex16 ceed the lesser of—

17 (1) an amount equal to 50 percent of the total

18 cost (as determined by the Secretary) of widening

19 Dysart Channel and making the other improvements

20 referred to in subsection (a); or

21 (2) $6,000,000.

22 (c) CONSIDERATION.—As consideration for the finan23 cial assistance provided pursuant to subsection (a), the

24 Flood Control District shall convey to the United States all

25 right, title, and interest of the Flood Control District in

26 and to the real property, if any, acquired by the Flood Con-
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1 trol District in widening Dysart Channel and making the

2 other improvements referred to in subsection (a).

3 (d) ASSISTANCE AGREEMENT.—The Secretary may

4 not provide the financial assistance referred to in subsection

5 (a) unless—

6 (1) the Secretary and the Flood Control District

7 enter into an agreement allocating between the Air

8 Force and the Flood Control District the costs of wid9 ening Dysart Channel and making the other improve10 ments referred to in subsection (a);

11 (2) the Flood Control District agrees to hold

12 harmless, defend, and indemnify in full the Air Force,

13 and any of its officers, members, employees, or agents,

14 from and against any suit, claim, demand or action,

15 liability, judgment, cost, or other fee arising out of the

16 actions taken by the Flood Control District in widen17 ing Dysart Channel and making the other improve18 ment referred to in subsection (a); and

19 (3) the Flood Control District agrees not to ac20 quire any real property in widening Dysart Channel

21 and making the other improvements referred to in

22 subsection (a) without the advance approval of the

23 Secretary.

24 (e) PROJECT DESIGN AND EXECUTION.—The Flood

25 Control District shall establish the requirements applicable
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1 to widening Dysart Channel and making the other improve2 ments referred to in subsection (a) and shall undertake re3 sponsibility for the timely execution of such widening and

4 other improvements.

5 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary may require such additional terms and conditions

7 in connection with the financial assistance provided under

8 this section as the Secretary determines appropriate to pro9 tect the interests of the United States.

10 SEC. 2840. LAND CONVEYANCE, BROWARD COUNTY, FLOR11 IDA.

12 (a) LAND CONVEYANCE.—The Secretary of the Navy

13 may convey to Broward County, Florida (in this section

14 referred to as the ‘‘County’’), all right, title, and interest

15 of the United States in and to a parcel of real property,

16 including improvements thereon, consisting of approxi17 mately 18.45 acres and comprising a portion of Fort Lau18 derdale-Hollywood International Airport, Florida.

19 (b) CONSIDERATION.—The County shall provide the

20 United States with consideration for the conveyance under

21 subsection (a) that is equal to at least the fair market value

22 of the property conveyed. The County may provide that con23 sideration by either of the following methods, as elected by

24 the County:
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1 (1) Constructing (or paying the costs of con2 structing) at a location selected by the Secretary

3 within Broward County, Florida, a suitable facility

4 to replace the improvements conveyed under sub5 section (a).

6 (2) Paying to the United States an amount

7 equal to the fair market value of the parcel of prop8 erty conveyed under subsection (a).

9 (c) REQUIREMENT RELATING TO ELECTION.—If the

10 County elects to construct (or pay the costs of construction)

11 of a replacement facility under subsection (b)(1), the Coun12 ty shall pay to the United States the amount, if any, by

13 which the fair market value of the property conveyed under

14 subsection (a) exceeds the fair market value of the replace15 ment facility.

16 (d) REPLACEMENT FACILITY.—If the County elects to

17 pay the fair market value of the real property under sub18 section (b)(2) as consideration for the conveyance author19 ized under subsection (a), the Secretary shall use the

20 amount paid by the County to construct a suitable facility

21 to replace the improvements conveyed under subsection (a).

22 (e) USE OF PROCEEDS.—The Secretary shall deposit

23 any amount paid to the United States under this section

24 and not used for the purposes of constructing a replacement

25 facility under subsection (d) in the account established
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1 under section 204(h) of the Federal Property and Adminis2 trative Services Act of 1949 (40 U.S.C. 485(h)).

3 (f) DETERMINATION OF FAIR MARKET VALUE.—The

4 Secretary shall determine the fair market value of the parcel

5 of real property to be conveyed under subsection (a) and

6 of the improvements, if any, constructed under subsection

7 (b)(1). Such determination shall be final.

8 (g) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the parcel of real property to be

10 conveyed under subsection (a) shall be determined by sur11 veys that are satisfactory to the Secretary. The cost of the

12 surveys shall be borne by the County.

13 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require any additional terms and conditions

15 in connection with the conveyance under subsection (a) that

16 the Secretary considers appropriate to protect the interests

17 of the United States.

18 SEC. 2841. LAND TRANSFER, WOODBRIDGE RESEARCH FA19 CILITY, VIRGINIA.

20 (a) REQUIREMENT OF TRANSFER.—Notwithstanding

21 any other provision of law, the Secretary of the Army shall

22 transfer, without reimbursement, to the Department of the

23 Interior, a parcel of real property consisting of approxi24 mately 580 acres and comprising the Harry Diamond

25 Army Research Laboratory, Woodbridge Research Facility,
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1 Virginia, together with any improvements thereon. The

2 transfer shall occur no later than September 30, 1994.

3 (b) USE OF TRANSFERRED PROPERTY.—The Secretary

4 of the Interior shall incorporate the real property trans5 ferred under subsection (a) into the Marumsco National

6 Wildlife Refuge, Virginia.

7 (c) ENVIRONMENTAL RESPONSIBILITY.—The Secretary

8 of the Army shall retain responsibility for any environ9 mental restoration or remediation required at the real prop10 erty transferred under subsection (a).

11 SEC. 2842. LAND CONVEYANCE, CHARLESTON, SOUTH CARO12 LINA.

13 (a) IN GENERAL.—The Secretary of the Navy may

14 convey to the Division of Public Railways, South Carolina

15 Department of Commerce (in this section referred to as the

16 ‘‘Railway’’) all right, title and interest of the United States

17 in and to a parcel of real property consisting of approxi18 mately 10.9 acres and comprising a portion of the Charles19 ton Naval Weapons Station South Annex, North Charleston,

20 South Carolina.

21 (b) CONSIDERATION.—(1) As consideration for the con22 veyance under subsection (a) the Railway shall pay to the

23 United States on amount equal to the fair market value

24 of the property as determined by the Secretary.
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1 (c) USE OF PROCEEDS.—The Secretary may use the

2 proceeds received from the sale of property authorized by

3 this section to pay for the cost of any environmental restora4 tion of the property being conveyed. Any proceeds which

5 remain after any necessary environmental restoration has

6 been completed shall be deposited in the special account es7 tablished pursuant to section 204(h) of the Federal Property

8 and Administrative Services Act of 1949 (40 U.S.C.

9 485(h)).

10 (d) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of the real property to be conveyed

12 under subsection (a) shall be determined by a survey satis13 factory to the Secretary. The cost of such survey shall be

14 borne by the Railway.

15 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the conveyance authorized by subsection

18 (a) as the Secretary considers to be necessary to protect the

19 interests of the United States.

20 SEC. 2843. AVAILABILITY OF SURPLUS MILITARY EQUIP21 MENT.

22 The Secretary of Defense shall make his best effort to

23 make available surplus military equipment scheduled for

24 retirement or disposal owing to military downsizing, base

25 closure or realignment to communities suffering economic
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1 hardships from the closure of a military base, if such equip2 ment is important to the economic development efforts of

3 those communities, and if such equipment does not have an

4 alternative military use.

5 SEC. 2844. CONVEYANCE OF LAND IN FORT MISSOULA, MON6 TANA.

7 (a) LAND USE DETERMINATION.—Not later than 30

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

9 of the Army shall determine whether a parcel of land con10 sisting of approximately 11 acres, and improvements there11 on, located in Fort Missoula, Missoula County, Montana,

12 is excess to the needs of the Department of the Army.

13 (b) AUTHORIZATION.—If the Secretary determines that

14 the property identified in subsection (a) is excess to the

15 needs of the Department of the Army, the Secretary may,

16 subject to subsection (c), convey to the Northern Rockies

17 Heritage Center, a nonprofit corporation incorporated in

18 the State of Montana, all right, title, and interest of the

19 United States to such property.

20 (c) CONDITIONS.—The conveyance authorized in sub21 section (b) shall be subject to the conditions that—

22 (1) the property conveyed may be used only for

23 historic, cultural, or educational purposes;

24 (2) the Northern Rockies Heritage Center shall

25 enter into an agreement with the Secretary of Agri-
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1 culture concerning the use of the property by the De2 partment of Agriculture;

3 (3) the Northern Rockies Heritage Center shall

4 indemnify the United States against all liability in

5 connection with any hazardous materials, substances,

6 or conditions that may be found on the property; and

7 (4) the Northern Rockies Heritage Center shall,

8 prior to the conveyance and for the first year of oper9 ation of the Northern Rockies Heritage Center after

10 the conveyance, establish, to the satisfaction of the

11 Secretary of the Army, that it has the ability to

12 maintain the property described in subsection (a) for

13 the purposes described in paragraph (1).

14 (d) REVERSIONARY INTEREST.—If the property con15 veyed pursuant to subsection (b) is used for purposes other

16 than those specified in subsection (c)(1), all right, title, and

17 interest to and in the property shall revert to the United

18 States at no cost to the United States, which shall have im19 mediate right of entry on the land.

20 (e) DESCRIPTION.—The exact acreage and legal de21 scription of the property conveyed under subsection (b) shall

22 be determined by surveys that the Secretary determines are

23 satisfactory. The Northern Rockies Heritage Center shall

24 pay the cost of any survey required by the Secretary.
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may establish such additional terms and conditions

3 for the conveyance as the Secretary considers appropriate

4 to protect the interests of the United States.

5 (g) CONGRESSIONAL NOTIFICATION.—If the Secretary

6 determines that the property identified in subsection (a) is

7 not excess to the needs of the Department of the Army, the

8 Secretary shall notify Congress in writing of the plans of

9 the Department of the Army for maintaining and utilizing

10 the property. Such notification shall be made not later than

11 60 days after the date of enactment of this Act.

12 SEC. 2845. LAND TRANSFER, FORT SHERIDEN, ILLINOIS

13 AND ARLINGTON COUNTY, VIRGINIA.

14 The Secretary of Defense shall review, and shall pro15 vide a report of such review to the Committees on Armed

16 Services of the Senate and the House of Representatives not

17 later than September 24, 1993, a proposed transfer of lands

18 under the control of the Secretary of the Army, and lands

19 under the control of the Secretary of the Navy, located at

20 Fort Sheridan, Illinois, for a parcel of real estate, consisting

21 of approximately 7.1 acres, located in Arlington County,

22 Virginia and commonly known at the ‘‘Twin Bridges’’ par23 cel, including the proposal to utilize the ‘‘Twin Bridges’’

24 parcel for the purpose of constructing and operating the Na25 tional Museum of the United States Army, utilizing solely
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1 donated funds for the construction and operation of such

2 museum.

3 Subtitle D—Other Matters

4 SEC. 2851. REPORTS ON ECONOMIC AND ENVIRONMENTAL

5 EFFECTS OF TRANSFER OF MINE WARFARE

6 CENTER OF EXCELLENCE.

7 (a) SUBMITTAL OF EIS.—The Secretary of the Navy

8 shall, upon completion of the environmental impact state9 ment with respect to the construction and operation of the

10 Mine Warfare Center of Excellence at Ingleside, Texas, sub11 mit a copy of such environmental impact statement to the

12 congressional defense committees.

13 (b) MATTERS TO BE COVERED IN EIS.—The Sec14 retary shall ensure that the environmental impact state15 ment referred to in subsection (a) includes an analysis of

16 the environmental impact of the construction and operation

17 at Ingleside, Texas, of the following Mine Warfare Center

18 of Excellence facilities:

19 (1) A magnetic silencing facility.

20 (2) A small boat pier.

21 (3) A support pier for a helicopter and sled.

22 (4) A drill-mine field for mine warfare training.

23 (c) ECONOMIC ASSESSMENT.—At the same time that

24 the Secretary submits the environmental impact statement

25 under subsection (a), the Secretary shall submit to the con-
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1 gressional defense committees an assessment by the Sec2 retary of the cost to the Navy of consolidating the Navy

3 mine warfare forces at Ingleside, Texas. The report shall

4 include a comparison of such cost with the cost of consoli5 dating such forces at alternative locations.

6 (d) SUSPENSION OF CERTAIN ACTIVITIES PENDING

7 RECEIPT OF REPORT AND ASSESSMENT.—(1) The Sec8 retary may not take any action after July 31, 1993, to relo9 cate any of the Navy mine warfare forces to Ingleside,

10 Texas, until 60 days after the date of the submittal of the

11 environmental impact statement under subsection (a) and

12 the economic assessment under subsection (c).

13 (2) Paragraph (1) does not apply to the relocation of

14 Navy mine countermeasure ships.

15 SEC. 2852. PROHIBITION ON USE OF FUNDS FOR PLANNING

16 AND DESIGN FOR DEPARTMENT OF DEFENSE

17 VACCINE PRODUCTION FACILITY.

18 (a) PROHIBITION.—None of the funds authorized to be

19 appropriated for the Department of Defense for fiscal year

20 1994 may be obligated for architectural and engineering

21 services or for construction design in connection with the

22 Department of Defense vaccine production facility.

23 (b) REPORT.—Not later than February 1, 1994, the

24 Secretary of Defense, in consultation with the Secretary of

25 the Army, shall submit to the congressional defense commit-
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1 tees a report containing a complete explanation of the neces2 sity for constructing within the United States a Depart3 ment of Defense facility for the production of vaccine for

4 the Department of Defense.

5 SEC. 2853. GRANT RELATING TO ELEMENTARY SCHOOL FOR

6 DEPENDENTS OF DEPARTMENT OF DEFENSE

7 PERSONNEL, FORT BELVOIR, VIRGINIA.

8 (a) GRANT AUTHORIZED.—The Secretary of the Army

9 may make a grant to the Fairfax County School Board,

10 Virginia, in order to assist the School Board in construct11 ing a public elementary school facility, to be owned and

12 operated by the School Board, in the vicinity of Fort

13 Belvoir, Virginia.

14 (b) CAPACITY REQUIREMENT.—The school facility con15 structed with the grant made under subsection (a) shall be

16 sufficient (as determined by the Secretary) to accommodate

17 the dependents of members of the Armed Forces assigned

18 to duty at Fort Belvoir and the dependents of employees

19 of the Department of Defense employed at Fort Belvoir.

20 (c) MAXIMUM AMOUNT OF GRANT.—The amount of the

21 grant under this section may not exceed $8,000,000.

22 (d) REQUIREMENTS RELATING TO CONSTRUCTION OF

23 SCHOOL.—(1) The Fairfax County School Board shall es24 tablish the design and function specifications applicable to
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1 the elementary school facility constructed with the grant

2 made under this section.

3 (2) The Fairfax County School Board shall be respon4 sible for soliciting bids and awarding contracts for the con5 struction of the school facility and shall undertake respon6 sibility for the timely construction of the school facility

7 under such contracts.

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require any additional terms and conditions

10 in connection with the grant authorized under subsection

11 (a) that the Secretary considers appropriate to protect the

12 interests of the United States.

13 SEC. 2854. ALLOTMENT OF SPACE IN FEDERAL BUILDINGS

14 TO CREDIT UNIONS.

15 Section 124 of the Federal Credit Union Act (12

16 U.S.C. 1770) is amended in the first sentence—

17 (1) by striking out ‘‘at least 95 per centum’’ and

18 all that follows through ‘‘and the members of their

19 families,’’; and

20 (2) by striking out ‘‘allot space to such credit

21 union’’ and all that follows through the period and

22 inserting in lieu thereof ‘‘allot space to such credit

23 union without charge for rent or services if at least

24 95 per centum of the membership of the credit union

25 to be served by the allotment of space is composed of
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1 persons who either are presently Federal employees or

2 were Federal employees at the time of admission into

3 the credit union, and members of their families, and

4 if space is available.’’.

5 SEC. 2855. STUDY OF EFFECTS OF AIR FORCE ACTIVITIES

6 ON DUCK VALLEY RESERVATION.

7 (a) STUDY.—The Secretary of the Air Force shall

8 carry out a study to determine—

9 (1) the effects on Air Force operations of a re10 quirement that overflights of the Duck Valley Reserva11 tion of the Shoshone-Paiute Tribes occur no lower

12 than 15,000 feet above ground level of such reserva13 tion;

14 (2) the effects on such operations of a require15 ment that no military activities occur within such

16 reservation or the area within 15 miles of the bound17 ary of such reservation; and

18 (3) whether such operations can be carried out

19 within the areas referred to in paragraph (2) in ac20 cordance with the following:

21 (A) The provisions of the National Historic

22 Preservation Act (16 U.S.C. 470 et seq.).

23 (B) The provisions of the Native American

24 Graves Protection and Repatriation Act (25

25 U.S.C. 3001 et seq.).
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1 (b) REPORT.—The Secretary shall submit to Congress

2 the report required under subsection (a) not later than 120

3 days after the date of the enactment of this Act.

4 SEC. 2856. DISPOSITION OF REAL PROPERTY AT MISSILE

5 SITES TO ADJACENT LANDOWNERS.

6 Section 9781 of title 10, United States Code, is

7 amended—

8 (1) in subsection (a)(1), by substituting ‘‘Admin9 istrator of General Services’’ for ‘‘Secretary of the Air

10 Force’’;

11 (2) in subsection (a)(2), by striking out subpara12 graph (D) and inserting in lieu thereof the following:

13 ‘‘(D) is surrounded by lands that are adjacent to

14 such tract and that—

15 ‘‘(i) are owned in fee simple by one owner,

16 either individually or by more than one person

17 jointly, in common, or by the entirety; or

18 ‘‘(ii) are owned separately by two or more

19 owners.’’; and

20 (3) in subsection (b)—

21 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and re22 vising the single paragraph thereof to read as

23 follows:

24 ‘‘(b)(1) The Administrator shall convey, for fair mar25 ket value, the interest of the United States in any tract of
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1 land referred to in subsection (a) or in any easement in

2 connection with any such tract of land to any person or

3 persons described in paragraph (a)(2)(D)(i) who, with re4 spect to such land, are ready, willing, and able to purchase

5 such interest for the fair market value of such interest.

6 Whenever such interest of the United States is available for

7 purchase under this section, the Administrator shall trans8 mit a notice of the availability of such interest to each such

9 person or persons.’’.

10 (B) by adding at the end the following new

11 paragraph:

12 ‘‘(2)(A) In the case of a tract of land surrounded by

13 lands that are adjacent to such tract and are owned sepa14 rately by two or more owners, the Administrator shall dis15 pose of that tract of land in accordance with this para16 graph.

17 ‘‘(B) The Administrator shall conduct a sealed bid

18 competitive sale at which all of such owners are afforded

19 the opportunity to compete to acquire the interest of the

20 United States in such tract. The Administrator shall re21 strict to the owners of the adjacent lands the opportunity

22 to compete in the sealed bid competitive sale.

23 ‘‘(C) Subject to paragraph (C), the Administrator shall

24 convey the interest of the United States in the tract to the

25 highest bidder.
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1 ‘‘(D) The Administrator shall satisfy the requirements

2 of paragraph (1) regarding notice, fair market value, and

3 the qualifications of the purchaser in disposing of the tract

4 in accordance with the results of the sealed bid competitive

5 sale.

6 ‘‘(E) If all bids received by the Administrator pursu7 ant to subparagraph (A) are less than the fair market value

8 of the tract of land, the tract of land shall be disposed of

9 in accordance with the provisions of title II of the Federal

10 Property and Administrative Services Act of 1949 (40

11 U.S.C. 481 et seq.).’’.

12 (4) In subsection (c), by substituting ‘‘Adminis13 trator’’ for ‘‘Secretary’’;

14 (5) In subsection (e), by substituting ‘‘Secretary

15 of the Air Force’’ for ‘‘Secretary’’ as it first appears

16 in the subsection and by substituting ‘‘Adminis17 trator’’ for ‘‘Secretary’’ as it last appears in the sub18 section; and

19 (6) In subsection (f), by substituting ‘‘Adminis20 trator’’ for ‘‘Secretary’’.

21 TITLE XXIX—BASE CLOSURE

22 ASSISTANCE

23 SEC. 2901. SHORT TITLE.

24 This title may be cited as the ‘‘Base Closure Commu25 nities Act of 1993’’.
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1 SEC. 2902. FINDINGS.

2 Congress makes the following findings:

3 (1) The closure and realignment of military in4 stallations within the United States is a necessary

5 consequence of the end of the Cold War and of

6 changed United States national security require7 ments.

8 (2) A military installation is a significant

9 source of employment for many communities, and the

10 closure or realignment of an installation may cause

11 economic hardship for such communities.

12 (3) It is in the interest of the United States that

13 the Federal Government facilitate the economic recov14 ery of communities that experience adverse economic

15 circumstances as a result of the closure or realign16 ment of a military installation.

17 (4) The Federal Government may facilitate the

18 economic recovery of a community by preventing or

19 reducing the loss of jobs that might otherwise occur as

20 a result of such a closure or realignment.

21 (5) It is in the interest of the United States that

22 the Federal Government work with communities that

23 experience adverse economic circumstances as the re24 sult of the closure of military installations to identify

25 and implement means of reutilizing or redeveloping

26 such installations in a beneficial manner.
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1 (6) The Federal Government may provide such

2 assistance by accelerating environmental restoration

3 at military installations to be closed, and by closing

4 such installations, in a manner that best ensures the

5 beneficial reutilization or redevelopment of such in6 stallations by such communities.

7 (7) The Federal Government may best ensure

8 such reutilization and redevelopment by making

9 available real and personal property of the closing

10 military installations to communities affected by such

11 closures on a timely basis, and, if appropriate, at less

12 than fair market value.

13 SEC. 2903. PROHIBITION ON TRANSFER OF CERTAIN PROP14 ERTY LOCATED AT MILITARY INSTALLATIONS

15 TO BE CLOSED.

16 Section 2905(b)(2) of the Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of Public Law

18 101–510; 10 U.S.C. 2687 note) is amended—

19 (1) in subparagraph (A), by striking out ‘‘Sub20 ject to subparagraph (C),’’ and inserting in lieu

21 thereof ‘‘Subject to subparagraphs (C), (F), and (G),’’;

22 and

23 (2) by adding at the end the following:

24 ‘‘(F)(i) Not later than 6 months after the date of ap25 proval of closure of an installation, the Secretary of Defense
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1 shall, in consultation with the local reuse authority recog2 nized and funded by the Secretary, identify the items (or

3 categories of items) of personal property related to real

4 property on that installation that is anticipated to be in5 cluded in a reutilization and redevelopment plan with re6 spect to such installation. Such items may include common

7 use items.

8 ‘‘(ii) If no local reuse authority recognized and funded

9 by the Secretary exists with respect to a military installa10 tion referred to in clause (i), the Secretary shall consult

11 with—

12 ‘‘(I) the local government in whose jurisdiction

13 the installation is wholly located; or

14 ‘‘(II) a local government agency or State govern15 ment agency designated for the purpose of such con16 sultation by the chief executive office of that State.

17 ‘‘(iii) Except as provided in clauses (vi) and (vii), the

18 Secretary of Defense may not carry out any of the activities

19 referred to in clause (iv), until the earlier of—

20 ‘‘(I) one week after the date on which the

21 reutilization and redevelopment plan, if any, for the

22 installation is submitted to the Secretary by the local

23 reuse authority;
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1 ‘‘(II) the date on which the local reuse authority

2 notifies the Secretary that it will not submit a plan

3 referred to in subclause (I);

4 ‘‘(III) twenty-four months after the date of ap5 proval of closure or realignment of the installation; or

6 ‘‘(IV) ninety days before the closure of the instal7 lation.

8 ‘‘(iv) The activities referred to in clause (iii) are ac9 tivities relating to the closure of a military installation as

10 follows:

11 ‘‘(I) The transfer from the installation of items

12 of personal property identified in accordance with

13 clause (i).

14 ‘‘(II) The reduction in maintenance and repair

15 of facilities or equipment of the installation below lev16 els required to support the use of such facilities or

17 equipment for nonmilitary purposes.

18 ‘‘(v) The Secretary may not transfer items of personal

19 property on an installation to be closed or realigned under

20 this part to another installation, or dispose of such items,

21 if they are identified in a reutilization and redevelopment

22 plan for the installation submitted to the Secretary by a

23 local reuse authority as items essential to the reuse of the

24 installation.
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1 ‘‘(vi) This subparagraph shall not apply to any per2 sonal property—

3 ‘‘(I) that is required for the operation of a unit

4 or weapons system being transferred to another in5 stallation;

6 ‘‘(II) that is uniquely military in character, and

7 has no civilian use (other than use for its material

8 content or as a source of commonly used components);

9 or

10 ‘‘(III) that the local reuse authority agrees is not

11 required in connection with the reutilization or rede12 velopment of an installation to be closed.

13 ‘‘(vii) Notwithstanding clauses (iii) and (v), the Sec14 retary may carry out any of the activities referred to in

15 clauses (iv) and (v) if the Secretary determines that such

16 activities are in the national security interest of the United

17 States.’’.

18 SEC. 2904. AUTHORITY TO TRANSFER PROPERTY AT

19 CLOSED OR REALIGNED INSTALLATIONS TO

20 AFFECTED COMMUNITIES AND STATES.

21 Section 2905(b)(2) of the Defense Base Closure and Re22 alignment Act of 1990 (part A of title XXIX of Public Law

23 101–510; 10 U.S.C. 2687 note), as amended by section

24 2903, is further amended by adding at the end the follow25 ing:
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1 ‘‘(G)(i) The Secretary of Defense may, under regula2 tions prescribed by the Secretary that set forth guidelines

3 for determining consideration, transfer real property or fa4 cilities and any personal property related thereto (includ5 ing common use items of personal property) located at a

6 military installation to be closed or realigned under this

7 part to—

8 ‘‘(I) the redevelopment authority of a community

9 that is located near the installation, if such redevelop10 ment authority is authorized to accept the transfer;

11 ‘‘(II) the redevelopment authority of the State in

12 which the installation is located, if such redevelop13 ment authority is authorized to accept the transfer; or

14 ‘‘(III) any other public entity selected for such

15 transfer by the Secretary.

16 ‘‘(ii) The transfer under this subparagraph may be for

17 consideration, without consideration, for consideration in

18 kind, or for consideration at or below the fair market value

19 of the real property, facilities, or personal property trans20 ferred.

21 ‘‘(iii) The transfer under clause (i) may not take place

22 until the redevelopment authority or other public entity se23 lected by the Secretary for the transfer has taken into con24 sideration in the reutilization and redevelopment plan for

25 the military installation to be closed or realigned the needs
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1 of the homeless in the community or communities affected

2 by such closure and has reasonably provided for such needs

3 in such plan. All transfers shall be in accord with section

4 120(h) of CERCLA.’’.

5 SEC. 2905. AUTHORITY TO LEASE CERTAIN PROPERTY AT

6 INSTALLATIONS TO BE CLOSED.

7 (a) LEASE AUTHORITY.—(1) Section 2667(f) of title

8 10, United States Code, is amended by inserting ‘‘or local

9 reuse authorities recognized by the Secretary of Defense’’

10 after ‘‘governments’’.

11 (2) Section 2667 of such title is amended by adding

12 at the end the following:

13 ‘‘(g)(1) Notwithstanding paragraph (3) of subsection

14 (a) and title II of the Federal Property and Administrative

15 Service Act of 1949 (40 U.S.C. 481 et seq.), whenever the

16 Secretary of a military department concerned considers it

17 advantageous to the United States, the Secretary concerned

18 may lease to any lessee, upon any terms that the Secretary

19 concerned considers appropriate, any real and related per20 sonal property (including common use items of personal

21 property) that is located at a military installation that has

22 been selected for closure under the following provisions of

23 law:

24 ‘‘(A) The provisions of title II of the Defense Au25 thorization Amendments and Base Closure and Re-
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1 alignment Act (Public Law 100–526; 10 U.S.C. 2687

2 note).

3 ‘‘(B) The Defense Base Closure and Realignment

4 Act of 1990 (part A of title XXIX of Public Law 101–

5 510; 10 U.S.C. 2687 note).

6 ‘‘(2)(A) The Secretary concerned may provide, in the

7 case of the lease of property referred to in paragraph (1),

8 for the payment (in cash or kind) by the lessee of consider9 ation in an amount that is less than the fair market rental

10 of the leasehold interest. Services relating to the protection

11 and maintenance of the property leased may constitute all

12 or part of such consideration.

13 ‘‘(B) The term of a lease under this paragraph may

14 be for such number of years as the Secretary concerned de15 termines appropriate.

16 ‘‘(C) A lease under this paragraph may include an op17 tion to purchase the property subject to the lease. Such op18 tion shall be exercisable upon the termination of the lease

19 and shall be for a price, fixed in the lease, that the Secretary

20 concerned considers likely to represent fair market value of

21 the property subject to the option at the anticipated date

22 of termination of the lease. The exercise of such option shall

23 be in accordance with section 120(h) of CERCLA.

24 ‘‘(3) Before entering into any lease under this sub25 section, the Secretary shall consult with the Administrator
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1 of the Environmental Protection Agency in order to deter2 mine whether the environmental conditions at the property

3 proposed for leasing permit the lease of the property. The

4 Secretary and the Administrator shall enter into a memo5 randum of understanding setting forth procedures for car6 rying out the determinations under this paragraph.

7 ‘‘(4)(A) The Secretary of Defense shall, in regulations

8 prescribed by the Secretary, permit the payment by the Sec9 retary concerned of the administrative costs (including any

10 administrative costs of the Department of Defense or of con11 tractors of the department) relating to the entry of a lessee

12 described in subparagraph (B) into a lease under this sub13 section.

14 ‘‘(B) A lessee referred to in subparagraph (A) is any

15 lessee whose financial circumstances are such that the pay16 ment of costs under this paragraph is necessary to facilitate

17 the entry of the lessee into the lease.

18 ‘‘(C) The regulations prescribed under this paragraph

19 shall provide for determining whether a lessee is entitled

20 to the payment of costs under this paragraph.’’.

21 (b) CONFORMING AMENDMENTS.—(1) The section

22 heading of section 2667 of title 10, United States Code, is

23 amended to read as follows:
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1 ‘‘§ 2667. Leases: non-excess property; property at in2 stallations to be closed’’.

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

4 159 of such title is amended by striking out the item relat5 ing to section 2667 and inserting in lieu thereof the follow6 ing:

‘‘2667. Leases: non-excess property; property at installations to be closed.’’.

7 (c) REGULATIONS.—The Secretary of Defense shall

8 prescribe the regulations referred to in section

9 2667(g)(3)(A) of title 10, United States Code (as added by

10 subsection (a)), not later than 30 days after the date of the

11 enactment of this Act.

12 SEC. 2906. DELEGATION OF AUTHORITY TO ENTER INTO

13 LEASES OF CERTAIN PROPERTY.

14 The Secretary of Defense shall, in regulations pre15 scribed by the Secretary, provide for the delegation of the

16 authority of the Secretary to enter in leases under section

17 2667(g) of title 10, United States Code (as amended by sec18 tion 2905(a)). The regulations shall specify one or more offi19 cials to whom such authority shall be delegated. The Sec20 retary shall prescribe such regulations not later than 30

21 days after the date of the enactment of this Act.
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1 SEC. 2907. EXPEDITED DETERMINATION OF TRANSFER2 ABILITY OF EXCESS PROPERTY OF INSTALLA3 TIONS TO BE CLOSED.

4 (a) EXPEDITED DETERMINATION OF TRANSFER5 ABILITY.—Section 2905(b)(2) of the Defense Base Closure

6 and Realignment Act of 1990 (part A of title XXIX of Pub7 lic Law 101–510; 10 U.S.C. 2687 note), as amended by sec8 tion 2904, is further amended by adding at the end the fol9 lowing:

10 ‘‘(H)(i) Except as provided in clause (ii), the Sec11 retary of Defense shall take such actions as the Secretary

12 determines necessary to ensure that final determinations

13 under subsection (b)(1) regarding whether another depart14 ment or agency of the Federal Government has identified

15 a use for any portion of an installation to be closed under

16 this part, or will accept transfer of any portion of such in17 stallation, are made not later than 6 months after the date

18 of approval of closure of that installation.

19 ‘‘(ii) The Secretary may, in consultation with the local

20 reuse authority with respect to an installation, postpone the

21 making of the final determinations referred to in clause (i)

22 with respect to the installation for such period as the Sec23 retary determines appropriate if the Secretary determines

24 that such postponement is in the best interests of the com25 munities affected by the closure of the installation.’’.
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1 (b) APPLICABILITY.—The Secretary of Defense shall

2 make the determination required under section

3 2905(b)(2)(H) of such Act, as amended by subsection (a),

4 in the case of installations whose date of approval of closure

5 occurred more than 6 months before the date of the enact6 ment of this Act, and which are not closed within 6 months

7 of such date, not later than 6 months after such date.

8 SEC. 2908. AVAILABILITY OF PROPERTY AND SERVICES FOR

9 ASSISTING THE HOMELESS.

10 (a) AVAILABILITY OF PROPERTY.—Section 2905(b) of

11 the Defense Base Closure and Realignment Act of 1990

12 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

13 2667 note) is amended by adding at the end the following:

14 ‘‘(3)(A) Except as provided in subparagraph (B),

15 nothing in this section shall limit or otherwise affect the

16 application of the provisions of the Stewart B. McKinney

17 Homeless Assistance Act (42 U.S.C. 11301 et seq.) to instal18 lations closed or realigned under this part.

19 ‘‘(B)(i) Not later than 30 days after the date of ap20 proval of closure or realignment of an installation under

21 this part, the Secretary of Defense shall submit to the Sec22 retary of Housing and Urban Development information

23 with respect to the buildings and other real property located

24 at the installation that satisfies the requirements for quar25 terly requests for information of the Secretary of Housing
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1 and Urban Development under subsection (a) of section 501

2 of such Act (42 U.S.C. 11411).

3 ‘‘(ii) Not later than 60 days after the date referred to

4 in clause (i), the Secretary of Housing and Urban Develop5 ment shall identify the buildings and other real property

6 at the installation that meet the requirement of the third

7 sentence of such subsection (a) and notify the Secretary of

8 Defense of such identification.

9 ‘‘(iii) Not later than 15 days after the date referred

10 to in clause (ii), the Secretary of Housing and Urban Devel11 opment shall publish in accordance with subsection (c) of

12 such section a list of the buildings and other real property

13 identified under clause (ii).

14 ‘‘(iv)(I) Buildings and other real property included in

15 the list published under clause (iii) shall remain available

16 to assist the homeless in accordance with subsection (d) of

17 such section 501.

18 ‘‘(II) If, at the end of the period referred to in para19 graph (1) of such subsection (d), no notice of intent to use

20 the buildings or other property, or any portion thereof, to

21 assist the homeless is received by the Secretary of Health

22 and Human Services under paragraph (2) of such sub23 section, the Secretary of Defense may make such buildings

24 or other property, or portion thereof, available to the local

25 redevelopment authority, if any, that has submitted a
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1 reutilization or redevelopment plan with respect to such in2 stallation for use of such buildings or other property, or

3 portion, thereof, in accordance with such plan.’’.

4 (b) APPLICABILITY.—The Secretary of Defense shall

5 carry out the requirements of section 2905(b)(3)(B) of such

6 Act, as amended by subsection (a), with respect to installa7 tions whose date of approval of closure is more than 90 days

8 before the date of the enactment of this Act, and which are

9 not closed on such date, not later than 30 days after such

10 date.

11 SEC. 2909. TRANSITION COORDINATORS FOR ASSISTANCE

12 TO COMMUNITIES AFFECTED BY THE CLO13 SURE OF INSTALLATIONS.

14 (a) IN GENERAL.—The Secretary of Defense shall des15 ignate a transition coordinator for each military installa16 tion to be closed under a base closure law. The transition

17 coordinator shall carry out the activities for such coordina18 tor set forth in subsection (c).

19 (b) TIMING OF DESIGNATION.—A transition coordina20 tor shall be designated for a military installation under

21 subsection (a) as follows:

22 (1) Not later than 15 days after the date of ap23 proval of closure of that the installation.

24 (2) In the case of installations approved for clo25 sure under a base closure law before the date of the
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1 enactment of this Act, not later than 15 days after

2 such date of enactment.

3 (c) RESPONSIBILITIES.—A transition coordinator des4 ignated with respect to an installation shall—

5 (1) encourage, after consultation with officials of

6 Federal and State departments and agencies con7 cerned, the development of strategies for the expedi8 tious environmental cleanup and restoration of the

9 installation by the Department of Defense;

10 (2) assist the Secretary of the military depart11 ment concerned in designating real property at the

12 installation that has the potential for rapid and bene13 ficial reuse or redevelopment in accordance with the

14 reutilization and redevelopment plan for the installa15 tion;

16 (3) assist such Secretary in identifying strategies

17 for accelerating completion of environmental cleanup

18 and restoration of the real property designated under

19 paragraph (2);

20 (4) assist such Secretary in developing plans for

21 ensuring that, to the maximum extent practicable, the

22 Department of Defense carries out any activities at

23 the installation after the closure of the installation in

24 a manner that takes into account, and supports, the
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1 reutilization and redevelopment plan for the installa2 tion;

3 (5) assist such Secretary in developing plans for

4 the closure of the installation that take into account

5 the goals set forth in the reutilization and redevelop6 ment plan for the installation;

7 (6) assist the Secretary of Defense in making de8 terminations with respect to requirements for, or the

9 transfer of property at, the installation under section

10 2905(b)(2)(H) of the Defense Base Closure and Re11 alignment Act of 1990 (part A of title XXIX of Public

12 Law 101–510; 10 U.S.C. 2687 note), as added by sec13 tion 2907;

14 (7) assist a local economic redevelopment author15 ity concerned with reuse of the installation in identi16 fying real or personal property located at the installa17 tion that may have significant potential for reuse in

18 accordance with the reutilization and redevelopment

19 plan for the installation;

20 (8) assist the Office of Economic Adjustment of

21 the Department of Defense and other departments and

22 agencies of the Federal Government in coordinating

23 the provision of assistance under transition assistance

24 and transition mitigation programs with community
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1 redevelopment activities with respect to the installa2 tion;

3 (9) assist the Secretary of the military depart4 ment concerned in identifying leases of property lo5 cated at the installation that are consistent with the

6 reutilization and redevelopment plan for the installa7 tion; and

8 (10) assist the Secretary of Defense in identify9 ing real or personal property located at the installa10 tion that may be utilized to meet the needs of the

11 homeless by consulting with the Interagency Council

12 on the Homeless or the local lead agency of the home13 less, if any, referred to in section 210(b) of the Stew14 art B. McKinney Homeless Assistance Act (42 U.S.C.

15 11320(b)) for the State in which the installation is lo16 cated.

17 SEC. 2910. COORDINATION OF ACTIVITIES OF OTHER FED18 ERAL DEPARTMENTS AND AGENCIES RELAT19 ING TO INSTALLATIONS TO BE CLOSED.

20 Not later than 30 days after the date of the enactment

21 of this Act, the head of each department or agency of the

22 Federal Government having jurisdiction over a matter aris23 ing out of the closure of a military installation under a

24 base closure law, or the reutilization of such an installation,

25 shall designate for each such installation an individual in
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1 such department or agency who shall provide information

2 and assistance to the transition coordinator for such instal3 lation designated under section 2907 on the assistance, pro4 grams, or other activities of such department or agency with

5 respect to the closure or redevelopment of such installation.

6 SEC. 2911. COMMUNITY RESPONSE BOARD.

7 (a) REQUIREMENT.—The Secretary of Defense shall es8 tablish a community response board with respect to the clo9 sure of military installations under base closure laws. The

10 community response board shall have the responsibilities set

11 forth in subsection (c).

12 (b) COMPOSITION; CHAIRMAN.—(1) The community

13 response board shall be composed of the following members:

14 (A) The Secretary of each military department

15 concerned or a representative or representatives of

16 such military department who has an expertise in en17 vironmental matters or property disposal matters and

18 who shall be appointed by that Secretary.

19 (B) One representative of the Department of De20 fense having an expertise in environmental matters,

21 to be appointed by the Secretary of Defense.

22 (C) One representative of the Department of De23 fense having an expertise in the disposal of property,

24 to be appointed by the Secretary of Defense.
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1 (D) One representative of the Office of Economic

2 Adjustment of the Department of Defense, to be ap3 pointed by the Secretary of Defense.

4 (E) On representative of the Department of

5 Labor, to be appointed by the Secretary of Labor.

6 (F) One representative of the Environmental

7 Protection Agency, to be appointed by the Adminis8 trator of the Environmental Protection Agency.

9 (G) One representative of the General Services

10 Administration, to be appointed by the Administrator

11 of General Services.

12 (H) One representative of the National Economic

13 Council, to be appointed by the Director of the Na14 tional Economic Council.

15 (I) The Executive Director of the Interagency

16 Council on the Homeless pursuant to section 201 of

17 the Stewart B. McKinney Homeless Assistance Act

18 (42 U.S.C. 11311).

19 (J) One representative of the Department of

20 Housing and Urban Development, to be appointed by

21 the Secretary of Housing and Urban Development.

22 (K) Such other representatives as the Secretary

23 of Defense, in consultation with the Director of the

24 National Economic Council, determines appropriate.
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1 (2) The Secretary of a military department may serve

2 as a representative of such department under paragraph

3 (1)(A).

4 (3) The Secretary of Defense, in consultation with the

5 Director of the National Economic Council, shall designate

6 the chairman of the board.

7 (c) RESPONSIBILITIES.—(1) The community response

8 board shall—

9 (A) receive comments from appropriate rep10 resentatives of the redevelopment authorities, if any,

11 established with respect to installations to be closed or

12 realigned under a base closure law on the progress, if

13 any, made by such authorities toward the

14 reutilization or redevelopment of such installations,

15 and any impediments to such progress;

16 (B) to the maximum extent practicable, propose

17 and develop solutions to such impediments; and

18 (C) submit a report to the President on such

19 comments and solutions.

20 (2) In proposing and developing solutions to impedi21 ments to the reutilization or redevelopment under para22 graph (1)(B), each member of the board shall, to the maxi23 mum extent practicable, solicit comments and proposals on

24 such solutions from the Federal department or agency of

25 which such member is a representative and utilize the re-
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1 sources and expertise of the Federal department or agency

2 of which such member is a representative.

3 (3)(A) The community response board shall receive

4 comments under paragraph (1)(A) by public hearing and

5 by any other means determined appropriate by the board.

6 (B) The community response board shall offer to hold,

7 and upon the approval of a redevelopment authority shall

8 hold, not less than one such hearing each year with respect

9 to each major installation approved for closure under a base

10 closure law until that installation has been closed for more

11 than 5 years. When holding a hearing with respect to an

12 installation, the board shall ensure that the member or

13 members of the board from the military department having

14 jurisdiction over the installation is present.

15 (C) At each hearing with respect to an installation,

16 the transition coordinator designated for such installation,

17 or the designee of the coordinator, shall appear before the

18 board with representatives of the redevelopment authority.

19 (D) The community response board shall meet at least

20 three times each year to carry out the activities referred

21 to in paragraph (1)(B).

22 (E) The community response board shall submit a re23 port referred to in paragraph (1)(C) at least once each year.
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1 (d) TERMINATION.—The authority of the community

2 response board to carry out activities under this section

3 shall terminate on December 31, 2006.

4 SEC. 2912. ASSISTANCE TO AFFECTED STATES AND COMMU5 NITIES THROUGH THE OFFICE OF ECONOMIC

6 ADJUSTMENT.

7 (a) IN GENERAL.—From the funds authorized to be

8 appropriated to the Department of Defense for the activities

9 of the Office of Economic Adjustment of the Department of

10 Defense, the Secretary of Defense may make grants to not

11 more than one redevelopment authority of each community

12 adversely affected by the closure of a military installation,

13 to redevelopment authorities of States so affected, and to

14 communities so affected in order to assist such authorities

15 and communities, as the case may be, in developing and

16 implementing reutilization and redevelopment plans for

17 property located at military installations closed under base

18 closure laws.

19 (b) PROCESSING REQUIREMENT.—The Secretary shall

20 determine whether to make a grant under this section to

21 a redevelopment authority or community, as the case may

22 be, not later than 7 days after receiving a complete applica23 tion for a grant from such authority or community.
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1 SEC. 2913. IDENTIFICATION OF UNCONTAMINATED PROP2 ERTY AT INSTALLATIONS TO BE CLOSED.

3 The Secretary of Defense shall identify the real prop4 erty located at each military installation selected in 1993

5 or 1995 for closure under the Defense Base Closure and Re6 alignment Act of 1990 (part A of title XXIX of Public Law

7 101–510; 10 U.S.C. 2687 note) pursuant to the provisions

8 of section 120(h)(4) of the Comprehensive Environmental

9 Response, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9620(h)(4)). The Secretary shall identify such real

11 property at an installation not later than the earlier of—

12 (1) the date that is 9 months after the date of

13 the submittal, if any, to the transition coordinator for

14 the installation of a specific use proposed for all or

15 a portion of the real property of the installation; or

16 (2) the date that is 18 months after the date of

17 approval of closure of that installation.

18 SEC. 2914. SEMINARS ON REUSE OR REDEVELOPMENT OF

19 PROPERTY AT INSTALLATIONS TO BE

20 CLOSED.

21 The Secretary of Defense shall conduct seminars for

22 communities in which a military installation to be closed

23 or realigned under a base closure law is located. Such semi24 nars shall be conducted within 6 months after the date of

25 approval of closure of that installation, shall present the

26 various Federal programs for the reutilization and redevel-
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1 opment of installations to be closed under such law, and

2 shall provide information about employment assistance, in3 cluding employment assistance under Federal programs,

4 available to members of such communities.

5 SEC. 2915. COMPLIANCE WITH CERTAIN ENVIRONMENTAL

6 REQUIREMENTS RELATING TO CLOSURE OF

7 INSTALLATIONS.

8 The Secretary of Defense shall, with respect to each

9 military installation approved for closure or realignment

10 under a base closure law—

11 (1) complete any environmental impact analyses

12 required with respect to the installation pursuant to

13 the base closure law under which the installation is

14 closed, and pursuant to the National Environmental

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.), not later

16 than 12 months, to the extent possible, after the date

17 of the submittal, if any, to the Secretary of the mili18 tary department concerned of an acceptable (as deter19 mined by the Secretary) reutilization and redevelop20 ment plan for the installation by the community (as

21 determined by the Secretary); and

22 (2) ensure that the environmental impact state23 ment addresses environmental matters arising out of

24 such plan.
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1 SEC. 2916. AUTHORITY TO CONTRACT FOR CERTAIN SERV2 ICES AT INSTALLATIONS BEING CLOSED OR

3 REALIGNED.

4 (a) BASE CLOSURES UNDER 1988 ACT.—Section

5 204(b) of the Defense Authorization Amendments and Base

6 Closure and Realignment Act (title II of Public Law 100–

7 526; 10 U.S.C. 2687 note) is amended by adding at the

8 end the following:

9 ‘‘(5) The Secretary may contract with local govern10 ments for the provision of police services, fire protection

11 services, airfield operation services, or other community

12 services by such governments at military installations to

13 be closed under this title if the Secretary determines that

14 the provision of such services under such contracts is in the

15 best interests of the Department of Defense. The Secretary

16 may exercise the authority provided under this paragraph

17 without regard to the provisions of chapter 146 of title 10,

18 United States Code.’’.

19 (b) BASE CLOSURES UNDER 1990 ACT.—Section

20 2905(b) of the Defense Base Closure and Realignment Act

21 of 1990 (part A of title XXIX of Public Law 101–510; 10

22 U.S.C. 2687 note), as amended by section 2906(b) is further

23 amended by adding at the end the following:

24 ‘‘(4) The Secretary may contract with local govern25 ments for the provision of police services, fire protection

26 services, airfield operation services, or other community
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1 services by such governments at military installations to

2 be closed under this title if the Secretary determines that

3 the provision of such services under such contracts is in the

4 best interests of the Department of Defense. The Secretary

5 may exercise the authority provided under this paragraph

6 without regard to the provisions of chapter 146 of title 10,

7 United States Code.’’.

8 SEC. 2917. CLARIFICATION OF UTILIZATION OF FUNDS FOR

9 COMMUNITY ECONOMIC ADJUSTMENT AS10 SISTANCE.

11 (a) UTILIZATION OF FUNDS.—Subject to subsection

12 (b), funds made available to the Economic Development Ad13 ministration for economic adjustment assistance under sec14 tion 4305 of the National Defense Authorization Act for Fis15 cal Year 1993 (Public Law 102–484; 106 Stat. 2700) may

16 by utilized by the administration for administrative activi17 ties in support of the provision of such assistance.

18 (b) LIMITATION.—Not more than three percent of the

19 funds referred to in subsection (a) may be utilized by the

20 administration for the administrative activities referred to

21 in such subsection.

22 SEC. 2918. DEFINITIONS.

23 (a) BASE CLOSURE COMMUNITIES ACT.—In this title:

24 (1) The term ‘‘base closure law’’ means the fol25 lowing:
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1 (A) The provisions of title II of the Defense

2 Authorization Amendments and Base Closure

3 and Realignment Act (Public Law 100–526; 10

4 U.S.C. 2687 note).

5 (B) 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) The term ‘‘reutilization and redevelopment

9 plan’’, in the case of an installation to be closed

10 under a base closure law, means a plan that—

11 (A) is agreed to by the local redevelopment

12 authority concerned or other entity recognized by

13 the Secretary of Defense as the authority to di14 rect the reutilization and redevelopment of the

15 installation; and

16 (B) provides for the reuse of the real prop17 erty and related personal property of the instal18 lation that is available as a result of the closure

19 of the installation.

20 (3) The term ‘‘date of approval’’, with respect to

21 a closure or realignment of an installation, means the

22 date on which the authority of Congress to disapprove

23 a recommendation of closure or realignment, as the

24 case may be, of such installation under the applicable

25 base closure law expires.
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1 (b) BASE CLOSURE ACT 1990.—Section 2910 of the

2 Defense Base Closure and Realignment Act of 1990 (part

3 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

4 note) is amended by adding at the end the following new

5 paragraph:

6 ‘‘(8) The term ‘date of approval of closure’, with

7 respect to a closure or realignment of an installation,

8 means the date on which the authority of Congress to

9 disapprove a recommendation of closure or realign10 ment, as the case may be, of such installation under

11 this part expires.’’.

12 SEC. 2919. AUTHORITY TO CONTRACT FOR CERTAIN SERV13 ICES AT INSTALLATIONS BEING CLOSED OR

14 REALIGNED.

15 (a) SECTION NOT TO TAKE EFFECT.—Section 2916

16 shall not take effect.

17 (b) BASE CLOSURES UNDER 1988 ACT.—Section

18 204(b) 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 adding at the

21 end the following:

22 ‘‘(5)(A) Subject to subparagraph (C), the Secretary

23 may contract with local governments for the provision of

24 police services, fire protection services, airfield operation

25 services, or other community services by such governments
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1 at military installations to be closed under this title if the

2 Secretary determines that the provision of such services

3 under such contracts is in the best interests of the Depart4 ment of Defense.

5 ‘‘(B) The Secretary may exercise the authority pro6 vided under this paragraph without regard to the provi7 sions of chapter 146 of title 10, United States Code.

8 ‘‘(C) The Secretary may not exercise the authority

9 under subparagraph (A) with respect to a military installa10 tion earlier than 180 days before the date on which the in11 stallation is to be closed.

12 ‘‘(D) The Secretary shall include in a contract for serv13 ices entered into with a local government under this sub14 section a clause that requires the use of professionals to fur15 nish the services to the extent that professionals are avail16 able in the area under the jurisdiction of such government.’’.

17 (c) BASE CLOSURES UNDER 1990 ACT.—Section

18 2905(b) of the Defense Base Closure and Realignment Act

19 of 1990 (part A of title XXIX of Public Law 101–510; 10

20 U.S.C. 2687 note) is amended by adding at the end the fol21 lowing:

22 ‘‘(4)(A) Subject to subparagraph (C), the Secretary

23 may contract with local governments for the provision of

24 police services, fire protection services, airfield operation

25 services, or other community services by such governments
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1 at military installations to be closed under this part if the

2 Secretary determines that the provision of such services

3 under such contracts is in the best interests of the Depart4 ment of Defense.

5 ‘‘(B) The Secretary may exercise the authority pro6 vided under this paragraph without regard to the provi7 sions of chapter 146 of title 10, United States Code.

8 ‘‘(C) The Secretary may not exercise the authority

9 under subparagraph (A) with respect to a military installa10 tion earlier than 180 days before the date on which the in11 stallation is to be closed.

12 ‘‘(D) The Secretary shall include in a contract for serv13 ices entered into with a local government under this sub14 section a clause that requires the use of professionals to fur15 nish the services to the extent that professionals are avail16 able in the area under the jurisdiction of such government.’’.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. WEAPONS ACTIVITIES.

11 (a) OPERATING EXPENSES.—Funds are hereby author12 ized to be appropriated to the Department of Energy for

13 fiscal year 1994 for operating expenses incurred in carrying

14 out weapons activities necessary for national security pro15 grams in the amount $3,735,571,000, to be allocated as fol16 lows:

17 (1) For research and development,

18 $1,152,325,000.

19 (2) For weapons testing, $375,000,000.

20 (3) For stockpile support, $1,792,280,000.

21 (4) For program direction, $277,466,000.

22 (5) For complex reconfiguration, $138,500,000.

23 (b) PLANT PROJECTS.—Funds are hereby authorized

24 to be appropriated to the Department of Energy for fiscal

25 year 1994 for plant projects (including maintenance, res-
491

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1 toration, planning, construction, acquisition, modification

2 of facilities, and the continuation of projects authorized in

3 prior years, and land acquisition related thereto) in carry4 ing out weapons activities necessary for national security

5 programs as follows:

6 Project GPD–101, general plan projects, various

7 locations, $16,500,000.

8 Project GPD–121, general plant projects, various

9 locations, $7,700,000.

10 Project 94–D–102, nuclear weapons research, de11 velopment, and testing facilities revitalization, Phase

12 V, various locations, $11,110,000.

13 Project 94–D–124, hydrogen fluoride supply sys14 tem, Y–12 Plant, Oak Ridge, Tennessee, $5,000,000.

15 Project 94–D–125, upgrade life safety, Kansas

16 City Plant, Kansas City, Missouri, $3,000,000.

17 Project 94–D–127, emergency notification sys18 tem, Pantex Plant, Amarillo, Texas, $1,000,000.

19 Project 94–D–128, environmental safety and

20 health analytical laboratory, Pantex Plant, Amarillo,

21 Texas, $800,000.

22 Project 93–D–102, Nevada support facility,

23 North Las Vegas, Nevada, $6,000,000.

24 Project 93–D–122, life safety upgrades, Y–12

25 Plant, Oak Ridge, Tennessee, $5,000,000.
492

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1 Project 93–D–123, complex–21, various loca2 tions, $25,000,000.

3 Project 92–D–102, nuclear weapons research, de4 velopment, and testing facilities revitalization, Phase

5 IV, various locations, $27,479,000.

6 Project 92–D–126, replace emergency notifica7 tion systems, various locations, $10,500,000.

8 Project 90–D–102, nuclear weapons research, de9 velopment, and testing facilities revitalization, Phase

10 III, various locations, $30,805,000.

11 Project 88–D–106, nuclear weapons research, de12 velopment, and testing facilities revitalization, Phase

13 II, various locations, $39,624,000.

14 Project 88–D–122, facilities capability assurance

15 program, various locations, $27,100,000.

16 Project 88–D–123, security enhancement, Pantex

17 Plant, Amarillo, Texas, $20,000,000.

18 (c) CAPITAL EQUIPMENT.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1994 for capital equipment not related to con21 struction in carrying out weapons activities necessary for

22 national security programs in the amount of $123,034,000.

23 (d) ADJUSTMENT FOR SAVINGS.—The total amount

24 authorized to be appropriated pursuant to this section is
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1 the sum of the amounts specified in subsections (a) through

2 (c) reduced by $393,641,000.

3 SEC. 3102. NEW TRITIUM PRODUCTION AND PLUTONIUM

4 DISPOSITION ACTIVITIES.

5 Funds are hereby authorized to be appropriated to the

6 Department of Energy for fiscal year 1994 for expenses in7 curred in carrying out new tritium production activities

8 and plutonium disposition activities necessary for national

9 security programs in the amount of $83,000,000, offset by

10 $43,000,000 in prior year funds.

11 SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE

12 MANAGEMENT.

13 (a) OPERATING EXPENSES.—Funds are hereby author14 ized to be appropriated to the Department of Energy for

15 fiscal year 1994 for operating expenses incurred in carrying

16 out environmental restoration and waste management ac17 tivities necessary for national security programs in the

18 amount of $4,782,213,000, to be allocated as follows:

19 (1) For corrective activities, $2,170,000.

20 (2) For environmental restoration,

21 $1,536,027,000.

22 (3) For waste management, $2,275,441,000.

23 (4) For technology development, $361,150,000.

24 (5) For transportation management,

25 $19,730,000.
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1 (6) For program direction, $82,427,000.

2 (7) For facility transition, $545,268,000.

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 in

8 prior years, and land acquisition related thereto) to carry

9 out environmental restoration and waste management ac10 tivities necessary for national security programs as follows:

11 Project GPD–171, general plant projects, various

12 locations, $49,015,000.

13 Project 94–D–122, underground storage tanks,

14 Rocky Flats Plant, Golden, Colorado, $700,000.

15 Project 94–D–400, high explosive wastewater

16 treatment, Los Alamos National Laboratory, Los Ala17 mos, New Mexico, $1,000,000.

18 Project 94–D–401, emergency response facility,

19 Idaho National Engineering Laboratory, Idaho,

20 $600,000.

21 Project 94–D–402, liquid waste treatment sys22 tem, Nevada Test Site, $491,000.

23 Project 94–D–404, Melton Valley storage tanks

24 capacity increase, Oak Ridge National Laboratory,

25 Oak Ridge, Tennessee, $9,400,000.
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1 Project 94–D–405, Central neutralization facil2 ity pipeline extension project, Oak Ridge K–25 Plant,

3 Oak Ridge, Tennessee, $1,714,000.

4 Project 94–D–406, low-level waste disposal facil5 ity, Oak Ridge K–25 Plant, Oak Ridge, Tennessee,

6 $6,000,000.

7 Project 94–D–407, initial tank retrieval systems,

8 Richland, Washington, $7,000,000.

9 Project 94–D–408, 200 east office facility, Rich10 land, Washington, $1,200,000.

11 Project 94–D–411, solid waste operations com12 plex project, Richland, Washington, $7,100,000.

13 Project 94–D–412, 300 area process sewer piping

14 system upgrade, Richland, Washington, $1,100,000.

15 Project 94–D–414, site 300 explosive waste stor16 age facility, Lawrence Livermore National Labora17 tory, Livermore, California, $370,000.

18 Project 94–D–415, medical facilities, Idaho Na19 tional Engineering Laboratory, Idaho, $1,100,000.

20 Project 94–D–416, Solvent Storage Tanks instal21 lation, Savannah River Site, South Carolina,

22 $1,500,000.

23 Project 94–D–417, intermediate level and low ac24 tivity waste vaults, Savannah River Site, South

25 Carolina, $1,000,000.
496

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1 Project 94–D–451, infrastructure replacement

2 Rocky Flats Plant, Golden, Colorado, $6,600,000.

3 Project 93–D–172, electrical upgrade, Idaho Na4 tional Engineering Laboratory, Idaho, $9,600,000.

5 Project 93–D–174, plant drain waste water

6 treatment upgrades, Y–12 Plant, Oak Ridge, Ten7 nessee, $3,500,000.

8 Project 93–D–175, industrial waste compaction

9 facility, Y–12 Plant, Oak Ridge, Tennessee,

10 $1,800,000.

11 Project 93–D–176, Oak Ridge reservation storage

12 facility, K–25 Plant, Oak Ridge, Tennessee,

13 $6,039,000.

14 Project 93–D–177, disposal of K–1515 sanitary

15 water treatment plant waste, K–125 Plant, Oak

16 Ridge, Tennessee, $7,100,000.

17 Project 93–D–178, building 374 liquid waste

18 treatment facility, Rocky Flats Plant, Golden, Colo19 rado, $1,000,000.

20 Project 93–D–181, radioactive liquid waste line

21 replacement, Richland, Washington, $6,000,000.

22 Project 93–D–182, replacement of cross-site

23 transfer system, Richland, Washington, $6,500,000.

24 Project 93–D–183, multi-function waste remedi25 ation facility, Richland, Washington, $25,660,000.
497

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1 Project 93–D–184, 325 facility compliance/ren2 ovation, Richland, Washington, $3,500,000.

3 Project 93–D–185, landlord program safety com4 pliance, Phase II, Richland, Washington, $1,351,000.

5 Project 93–D–187, high-level waste removal from

6 filled waste tanks, Savannah River, South Carolina,

7 $13,230,000.

8 Project 93–D–188, new sanitary landfill, Savan9 nah River, South Carolina, $1,020,000.

10 Project 92–D–125, master safeguards and secu11 rity agreement/material surveillance task force secu12 rity upgrades, Rocky Flats Plant, Golden, Colorado,

13 $3,900,000.

14 Project 92–D–172, hazardous waste treatment

15 and processing facility, Pantex Plant, Amarillo,

16 Texas, $300,000.

17 Project 92–D–173, nitrogen oxide abatement fa18 cility, Idaho Chemical Processing Plant, Idaho Na19 tional Engineering Laboratory, Idaho, $10,000,000.

20 Project 92–D–177, tank 101–AZ waste retrieval

21 system, Richland, Washington, $7,000,000.

22 Project 92–D–181, fire and life safety improve23 ments, Idaho National Engineering Laboratory,

24 Idaho, $5,000,000.
498

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1 Project 92–D–182, sewer system upgrade, Idaho

2 National Engineering Laboratory, Idaho, $1,450,000.

3 Project 92–D–183, transportation complex,

4 Idaho National Engineering Laboratory, Idaho,

5 $7,198,000.

6 Project 92–D–184, Hanford infrastructure un7 derground storage tanks, Richland, Washington,

8 $300,000.

9 Project 92–D–186, steam system rehabilitation,

10 Phase II, Richland, Washington, $4,300,000.

11 Project 92–D–187, 300 area electrical distribu12 tion, conversion, and safety improvements, Phase II,

13 Richland, Washington, $10,276,000.

14 Project 92–D–188, waste management ES&H,

15 and compliance activities, various locations,

16 $8,568,000.

17 Project 92–D–403, tank upgrade project, Law18 rence Livermore National Laboratory, California,

19 $3,888,000.

20 Project 91–D–171, waste receiving and process21 ing facility, module 1, Richland, Washington,

22 $17,700,000.

23 Project 91–D–175, 300 area electrical distribu24 tion, conversion, and safety improvements, Phase I,

25 Richland, Washington, $1,500,000.
499

HR 2401 EAS

1 Project 90–D–172, aging waste transfer lines,

2 Richland, Washington, $5,000,000.

3 Project 90–D–175, landlord program safety com4 pliance-I, Richland, Washington, $1,800,000.

5 Project 90–D–177, RWMC transuranic (TRU)

6 waste characterization and storage facility, Idaho Na7 tional Engineering Laboratory, Idaho, $21,700,000.

8 Project 89–D–172, Hanford environmental com9 pliance, Richland, Washington, $11,700,000.

10 Project 89–D–173, tank farm ventilation up11 grade, Richland, Washington, $1,000,000.

12 Project 89–D–174, replacement high-level waste

13 evaporator, Savannah River, South Carolina,

14 $23,974,000.

15 Project 89–D–175, hazardous waste/mixed waste

16 disposal facility, Savannah River, South Carolina,

17 $7,000,000.

18 Project 87–D–181, diversion box and pump pit

19 containment buildings, Savannah River, South Caro20 lina, $2,137,000.

21 Project 86–D–103, decontamination and waste

22 treatment facility, Lawrence Livermore National

23 Laboratory, California, $10,260,000.
500

HR 2401 EAS

1 Project 83–D–148, nonradioactive hazardous

2 waste management, Savannah River, South Carolina,

3 $9,769,000.

4 Project 81–T–105, defense waste processing facil5 ity, Savannah River, South Carolina, $43,873,000.

6 (c) CAPITAL EQUIPMENT.—Funds are hereby author7 ized to be appropriated to the Department of Energy for

8 fiscal year 1994 for capital equipment not related to con9 struction in carrying out environmental restoration and

10 waste management activities necessary for national security

11 programs in the amount of $203,826,000, to be allocated

12 as follows:

13 (1) For corrective activities, $600,000.

14 (2) For waste management, $138,781,000.

15 (3) For technology development, $29,850,000.

16 (4) For transportation management, $400,000.

17 (5) For program direction, $9,469,000.

18 (6) For facility transition, $24,726,000

19 (d) USE OF FUNDS.—From funds authorized to be ap20 propriated pursuant to subsection (a) to the Department

21 of Energy for environmental restoration and waste manage22 ment activities, the Secretary of Energy may reimburse the

23 cities of Westminster, Broomfield, Thornton, and

24 Northglenn, in the State of Colorado, $21,415,000 for the

25 cost of implementing water management programs. Reim-
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1 bursements for the water management programs shall not

2 be considered a major Federal action for purposes of 102(2)

3 of the National Environmental Policy Act of 1969 (42

4 U.S.C. 4332(2)).

5 (e) GENERAL REDUCTION IN OPERATING EX6 PENSES.—The amount authorized to be appropriated for

7 operating expenses pursuant to subsection (a) is the amount

8 specified in that subsection reduced by $40,000,000.

9 (f) PRIOR YEAR BALANCES.—The total amount au10 thorized to be appropriated pursuant to this section is the

11 sum of the amounts specified in subsections (a), (b), and

12 (c) reduced by $86,600,000. In determining the amount au13 thorized to be appropriated pursuant to subsection (a) for

14 the purposes of this subsection, subsection (e) shall be taken

15 into account.

16 SEC. 3104. MATERIALS SUPPORT AND OTHER DEFENSE

17 PROGRAMS.

18 (a) OPERATING EXPENSES.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1994 for operating expenses incurred in carrying

21 out nuclear materials production and other defense pro22 grams necessary for national security programs in the

23 amount of $2,171,039,000, to be allocated as follows:

24 (1) For materials support, $853,966,000.
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1 (2) For verification and control technology,

2 $341,941,000.

3 (3) For nuclear safeguards and security,

4 $86,246,000.

5 (4) For security investigations, $53,335,000.

6 (5) For security evaluations, $14,961,000.

7 (6) For nuclear safety, $24,859,000.

8 (7) For worker training and adjustment,

9 $100,000,000.

10 (8) For naval reactors, $695,731,000.

11 (b) PLANT PROJECTS.—Funds are hereby authorized

12 to be appropriated to the Department of Energy for fiscal

13 year 1994 for plant projects (including maintenance, res14 toration, planning, construction, acquisition, modification

15 of facilities, and the continuation of projects authorized in

16 prior years, and land acquisition related thereto) in carry17 ing out nuclear materials production and other defense pro18 grams necessary for national security programs as follows:

19 (1) For materials production:

20 Project GPD–146, general plant projects,

21 various locations, $31,760,000.

22 Project 93–D–147, domestic water system

23 upgrade, Phase I, Savannah River, South Caro24 lina, $7,720,000.
503

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1 Project 93–D–148, replace high-level drain

2 lines, Savannah River, South Carolina,

3 $1,800,000.

4 Project 93–D–152, environmental modifica5 tion for production facilities, Savannah River,

6 South Carolina, $20,000,000.

7 Project 92–D–140, F&H canyon exhaust

8 upgrades, Savannah River, South Carolina,

9 $15,000,000.

10 Project 92–D–142, nuclear material process11 ing training center, Savannah River, South

12 Carolina, $8,900,000.

13 Project 92–D–143, health protection instru14 ment calibration facility, Savannah River,

15 South Carolina, $9,600,000.

16 Project 92–D–150, operations support fa17 cilities, Savannah River, South Carolina,

18 $26,900,000.

19 Project 92–D–153, engineering support fa20 cility, Savannah River, South Carolina,

21 $9,500,000.

22 Project 90–D–149, plantwide fire protec23 tion, Phases I and II, Savannah River, South

24 Carolina, $25,950,000.
504

HR 2401 EAS

1 Project 86–D–149, productivity retention

2 program, Phases I, II, III, IV, V, and VI, var3 ious locations, $3,700,000.

4 (2) For verification and control technology:

5 Project 90–D–186, center for national secu6 rity and arms control, Sandia National Labora7 tories, Albuquerque, New Mexico, $8,515,000.

8 (3) For naval reactors development:

9 Project GPN–101, general plant projects,

10 various locations, $7,500,000.

11 Project 93–D–200, engineering services fa12 cilities, Knolls Atomic Power Laboratory,

13 Niskayuna, New York, $7,000,000.

14 Project 92–D–200, laboratories facilities up15 grades, various locations, $2,800,000.

16 Project 90–N–102, expended core facility

17 dry cell project, Naval Reactors Facility, Idaho,

18 $7,800,000.

19 (c) CAPITAL EQUIPMENT.—Funds are hereby author20 ized to be appropriated to the Department of Energy for

21 fiscal year 1994 for capital equipment not related to con22 struction in carrying out nuclear materials production and

23 other defense programs necessary for national security pro24 grams as follows:

25 (1) For material support, $75,209,000.
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1 (2) For verification and control technology,

2 $15,573,000.

3 (3) For nuclear safeguards and security,

4 $4,101,000.

5 (4) For nuclear safety, $50,000.

6 (5) For naval reactors development, $46,900,000.

7 (d) ADJUSTMENTS.—The total amount that may be

8 appropriated pursuant to this section is the sum of the

9 amounts specified in subsections (a) through (c) reduced by

10 $393,132,000 for anticipated savings.

11 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

12 Funds are hereby authorized to be appropriated to the

13 Department of Energy for fiscal year 1994 for payment to

14 the Nuclear Waste Fund, $120,000,000.

15 SEC. 3106. FUNDING USES AND LIMITATIONS.

16 (a) NATIONAL SECURITY PROGRAMS.—Notwithstand17 ing any other provision of law, not more than 90 percent

18 of the funds appropriated to the Department of Energy for

19 national security programs under this title may be obli20 gated for such programs until the Secretary of Energy sub21 mits to the congressional defense committees the five-year

22 budget plan with respect to fiscal year 1994 required under

23 section 3144 of the National Defense Authorization Act for

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

25 Stat. 1681; 42 U.S.C. 7271b).
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1 (b) INERTIAL CONFINEMENT FUSION.—Of the funds

2 authorized to be appropriated to the Department of Energy

3 for fiscal year 1994 for operating expenses and capital

4 equipment, $188,413,000 shall be available for the defense

5 inertial confinement fusion program.

6 (c) FIRE PROTECTION AND COOLING OR REFRIGERA7 TION SYSTEMS.—None of the funds appropriated or other8 wise made available to the Department of Energy for fiscal

9 year 1994 may be obligated for the design, purchase, or in10 stallation of any fire protection system or cooling or refrig11 eration system that utilizes class I substances (as listed

12 under section 602(a) of the Clean Air Act (42 U.S.C.

13 7671a(a)) unless the Secretary of Energy determines that

14 an alternative system meeting the operational requirements

15 of the Department of Energy is not commercially available

16 or is not cost-effective when analyzed under a life-cycle cost

17 analysis.

18 (d) NEW TRITIUM PRODUCTION ACTIVITIES AND PLU19 TONIUM DISPOSITION ACTIVITIES.—Funds authorized to be

20 appropriated for fiscal year 1994 or otherwise made avail21 able to the Secretary of Energy for such fiscal year for new

22 tritium production activities and plutonium disposition ac23 tivities shall be available only for the following purposes

24 and in the following amounts:
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1 (1) For evaluation of an advanced light water

2 reactor and a modular high temperature gas reactor

3 to determine the feasibility and effectiveness of dispos4 ing of plutonium, production of tritium (if needed),

5 and production of electricity, $40,000,000.

6 (2) For evaluation of accelerator technology to

7 determine the feasibility and effectiveness of disposing

8 of plutonium, production of tritium (if needed), and

9 production of electricity, $18,000,000.

10 (3) For evaluation of an advance liquid metal

11 reactor to determine the feasibility and effectiveness of

12 disposing of plutonium, production of tritium (if

13 needed), and production of electricity, $25,000,000.

14 (e) EXPENDED CORE FACILITY DRY CELL.—None of

15 the funds appropriated or otherwise made available to the

16 Department of Energy for fiscal year 1994 may be obligated

17 for project 90–N–102, expended core facility dry cell project,

18 Naval Reactors Facility, Idaho, until shipment of spent

19 naval nuclear fuel from United States naval surface ships

20 and submarines to the Idaho Engineering Laboratory,

21 Idaho, is resumed.

22 (f) NUCLEAR WEAPONS TESTING.—(1) Funds author23 ized to be appropriated under section 3101(a)(2) for the De24 partment of Energy for fiscal year 1994 for weapons testing

25 and funds otherwise made available to the department for
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1 that fiscal year for that purpose shall be available only for

2 the following purposes and in the following amounts:

3 (A) For infrastructure maintenance at the Ne4 vada Test Site, $131,250,000.

5 (B) For maintaining the technical capability to

6 resume testing at the Nevada Test Site, $109,375,000.

7 (C) For activities, including research and devel8 opment, of Department of Energy laboratories in de9 termining means of nuclear weapons testing as alter10 natives to underground nuclear weapons testing,

11 $134,375,000.

12 (2) The Secretary of Energy may not obligate an ag13 gregate amount in excess of $180,000,000 for the purposes

14 described in subparagraphs (B) and (C) of paragraph (1)

15 until the Secretary submits to the congressional defense

16 committees a detailed plan for carrying out the activities

17 described in subparagraphs (B) and (C) of that paragraph.

18 (3) Each year at the time of the President’s submission

19 of a a budget under section 1105 of title 31, United States

20 Code, the President shall submit a report covering the most

21 recently completed calendar year setting forth—

22 (A) Whether the Stockpile Surveillance Program

23 of the Department of Energy, and the calculations

24 and experiments performed by Sandia National Lab25 oratories, Lawrence Livermore National Laboratory,
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1 or Los Alamos National Laboratory have raised any

2 concerns with regard to the safety, security, effective3 ness, or reliability or existing United States nuclear

4 weapons; and

5 (B) If such concerns have been raised, the Presi6 dent’s evaluation of each concern and report on what

7 actions are being or will be taken to address it.

8 (g) VERIFICATION CONTROL TECHNOLOGY.—Of the

9 funds authorized to be appropriated to the Department of

10 Energy for fiscal year 1994 for operating expenses and cap11 ital equipment for activities relating to verification and

12 control technology, not more than $334,441,000 may be ob13 ligated until the Secretary of Defense submits the report re14 quired by section 1104.

15 (h) SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

16 ENVIRONMENTAL AND WASTE MANAGEMENT.—Of the funds

17 authorized to be appropriated to the Department of Energy

18 for fiscal year 1994 for environmental restoration and

19 waste management, $1,000,000 shall be available for the

20 Scholarship and Fellowship Program for Environmental

21 Restoration and Waste Management carried out under sec22 tion 3132 of the National Defense Authorization Act for Fis23 cal Years 1992 and 1993 (Public Law 102–190; 42 U.S.C.

24 7274e).
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1 (i) HANFORD HEALTH INFORMATION NETWORK.—Of

2 the funds authorized to be appropriated to the Department

3 of Energy for fiscal year 1994 under section 3101(a),

4 $1,750,000 shall be available for activities relating to the

5 Hanford health information network established pursuant

6 to the authority set forth in section 3138 of the National

7 Defense Authorization Act for Fiscal Year 1991 (Public

8 Law 101–510; 104 Stat. 1834).

9 (j) PROTECTION OF NUCLEAR WEAPONS FACILITIES

10 WORKERS.—Of the funds authorized to be appropriated to

11 the Department of Energy for fiscal year 1994 for environ12 mental restoration and waste management, $10,000,000

13 shall be available for activities relating to worker protection

14 at nuclear weapons facilities.

15 (k) MERGER OF CERTAIN FUNDS WITH FUNDS APPRO16 PRIATED FOR NEW PRODUCTION REACTORS.—Notwith17 standing any other provision of law, of the funds made

18 available to the Department of Energy for new production

19 reactor activities before the date of the enactment of this

20 Act, $43,000,000 shall be merged with the funds authorized

21 to be appropriated for new tritium production and pluto22 nium disposition under section 3102 and shall be available

23 for the same purposes and the same period as the funds

24 with which merged.
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1 (l) TECHNOLOGY TRANSFER AND ECONOMIC DEVELOP2 MENT.—None of the funds appropriated to the Department

3 of Energy for fiscal year 1994 pursuant to the authorization

4 of appropriations in section 3103, or otherwise made avail5 able to the department for environmental restoration and

6 waste management activities for such fiscal year, may be

7 obligated to foster technology transfer to and economic de8 velopment activities in the Southeastern United States until

9 30 days after the date on which the Secretary of Energy

10 submits to the congressional defense committees a report

11 containing a plan for the expenditure of funds in a manner

12 that ensures an equitable expenditure of funds for such pur13 poses throughout the Southeastern United States.

14 Subtitle B—Recurring General Provisions

15 SEC. 3121. REPROGRAMMING.

16 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

17 provided in this title—

18 (A) no amount appropriated pursuant to this

19 title may be used for any program in excess of the

20 lesser of—

21 (i) 105 percent of the amount authorized for

22 that program by this title; or

23 (ii) $10,000,000 more than the amount au24 thorized for that program by this title; and
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HR 2401 EAS

1 (B) no amount appropriated pursuant to this

2 title may be used for any program which has not been

3 presented to, or requested of, the Congress.

4 (2) An action described in paragraph (1) may not be

5 taken until—

6 (A) the Secretary of Energy has submitted to the

7 congressional defense committees a report containing

8 a full and complete statement of the action proposed

9 to be taken and the facts and circumstances relied

10 upon in support of such proposed action; and

11 (B) a period of 30 days has elapsed after the

12 date on which the report is received by the commit13 tees.

14 (3) In the computation of the 30-day period under

15 paragraph (2), there shall be excluded any day on which

16 either House of Congress is not in session because of an

17 adjournment of more than 3 calendar days to a day certain.

18 (b) LIMITATION ON AMOUNT OBLIGATED.—In no event

19 may the total amount of funds obligated pursuant to this

20 title exceed the total amount authorized to be appropriated

21 by this title.

22 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

23 (a) IN GENERAL.—The Secretary of Energy may carry

24 out any construction project under the general plant

25 projects provisions authorized by this title if the total esti-
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1 mated cost of the construction project does not exceed

2 $2,000,000.

3 (b) REPORT TO CONGRESS.—If, at any time during

4 the construction of any general plant project authorized by

5 this title, the estimated cost of the project is revised because

6 of unforeseen cost variations and the revised cost of the

7 project exceeds $2,000,000, the Secretary shall immediately

8 furnish a complete report to the congressional defense com9 mittees explaining the reasons for the cost variation.

10 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

11 (a) IN GENERAL.—(1) Except as provided in para12 graph (2), construction on a construction project may not

13 be started or additional obligations incurred in connection

14 with the project above the total estimated cost, whenever the

15 current estimated cost of the construction project, which is

16 authorized by sections 3101, 3102, 3103, and 3104, or

17 which is in support of national security programs of the

18 Department of Energy and was authorized by any previous

19 Act, exceeds by more than 25 percent the higher of—

20 (A) the amount authorized for the project; or

21 (B) the amount of the total estimated cost for the

22 project as shown in the most recent budget justifica23 tion data submitted to Congress.

24 (2) An action described in paragraph (1) may be taken

25 if—
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1 (A) the Secretary of Energy has submitted to the

2 congressional defense committees a report on the ac3 tions and the circumstances making such actions nec4 essary; and

5 (B) a period of 30 days has elapsed after the

6 date on which the report is received by the commit7 tees.

8 (3) In the computation of the 30-day period under

9 paragraph (2), there shall be excluded any day on which

10 either House of Congress is not in session because of an

11 adjournment of more than 3 calendar days to a day certain.

12 (b) EXCEPTION.—Subsection (a) shall not apply to

13 any construction project which has a current estimated cost

14 of less than $5,000,000.

15 SEC. 3124. FUND TRANSFER AUTHORITY.

16 Funds appropriated pursuant to this title may be

17 transferred to other agencies of the Federal Government for

18 the performance of the work for which the funds were appro19 priated, and funds so transferred may be merged with the

20 appropriations of the agency to which the funds are trans21 ferred.

22 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

23 (a) IN GENERAL.—(1) Within the amounts authorized

24 by this title for plant engineering and design, the Secretary

25 of Energy may carry out advance planning and construc-
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1 tion design (including architectural and engineering serv2 ices) in connection with any proposed construction project

3 if the total estimated cost for such planning and design does

4 not exceed $2,000,000.

5 (2) In the case of any project in which the total esti6 mated cost for advance planning and design exceeds

7 $300,000, the Secretary shall notify the congressional de8 fense committees in writing of the details of such project

9 at least 30 days before any funds are obligated for design

10 services for such project.

11 (b) SPECIFIC AUTHORITY REQUIRED.—In any case in

12 which the total estimated cost for advance planning and

13 construction design in connection with any construction

14 project exceeds $2,000,000, funds for such planning and de15 sign must be specifically authorized by law.

16 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE17 SIGN, AND CONSTRUCTION ACTIVITIES.

18 (a) AUTHORITY.—The Secretary of Energy may use

19 any funds available to the Department of Energy, including

20 those funds authorized to be appropriated for advance plan21 ning and construction design under sections 3101, 3102,

22 3103, 3104, to perform planning, design, and construction

23 activities for any Department of Energy defense activity

24 construction project that, as determined by the Secretary,

25 must proceed expeditiously in order to protect public health
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1 and safety, meet the needs of national defense, or protect

2 property.

3 (b) LIMITATION.—The Secretary may not exercise the

4 authority under subsection (a) in the case of any construc5 tion project until the Secretary has submitted to the con6 gressional defense committees a report on the activities that

7 the Secretary intends to carry out under this section and

8 the circumstances making such activities necessary.

9 (c) SPECIFIC AUTHORITY.—The requirement of section

10 3125(b) does not apply to emergency planning, design, and

11 construction activities conducted under this section.

12 (d) REPORT.—The Secretary of Energy shall promptly

13 report to the congressional defense committees any exercise

14 of authority under this section.

15 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU16 RITY PROGRAMS OF THE DEPARTMENT OF

17 ENERGY.

18 Subject to the provisions of appropriation Acts and

19 section 3121, amounts appropriated pursuant to this title

20 for management and support activities and for general

21 plant projects are available for use, when necessary, in con22 nection with all national security programs of the Depart23 ment of Energy.
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1 SEC. 3128. AVAILABILITY OF FUNDS.

2 When so specified in an appropriation Act, amounts

3 appropriated for operating expenses, plant projects, and

4 capital equipment may remain available until expended.

5 Subtitle C—Other Matters

6 SEC. 3131. USE OF FUNDS FOR PAYMENT OF PENALTY AS7 SESSED AGAINST HANFORD PROJECT.

8 The Secretary of Energy may pay to the Hazardous

9 Substances Response Trust, from funds appropriated to the

10 Department of Energy for environmental restoration and

11 waste management activities pursuant to section 3103, a

12 stipulated civil penalty in the amount of $100,000 assessed

13 under the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

15 seq.) and the Hanford Consent Agreement and Compliance

16 Order for Department of Energy Hanford.

17 SEC. 3132. OFFICE OF TRITIUM PRODUCTION AND PLUTO18 NIUM DISPOSITION.

19 (a) ESTABLISHMENT.—There is hereby established in

20 the Office of the Assistant Secretary of Energy for Defense

21 Programs an Office of Tritium Production and Plutonium

22 Disposition.

23 (b) RESPONSIBILITIES.—The responsibilities of the of24 fice shall include the following:

25 (1) Activities relating to the development, design,

26 and construction (including research in support
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1 thereof) of a tritium production facility in order to

2 ensure that a tritium production facility replacing

3 existing tritium production facilities of the Depart4 ment of Energy and capable of meeting the antici5 pated need of the Department of Defense for tritium

6 is in operation no later than December 31, 2011.

7 (2) Carrying out the evaluation of an advanced

8 light water reactor and a high temperature gas reac9 tor referred to in section 3105(d)(2) of the National

10 Defense Authorization Act for Fiscal Year 1993 (Pub11 lic Law 102–484; 106 Stat. 2636).

12 (3) Activities relating to the design, development,

13 and construction (including research in support

14 thereof) of the reactors referred to in paragraph (2).

15 (4) Research and development activities relating

16 to design, development, and construction by the De17 partment of Energy of an advanced metal reactor

18 that utilizes an actinide recycling process and that is

19 capable of burning plutonium, producing tritium,

20 and producing electricity.

21 (5) Research and development activities relating

22 to the design, development, and construction by the

23 Department of Energy of an accelerator technology

24 that is capable of burning plutonium, producing trit25 ium, and producing electricity.
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1 (6) Activities relating to the design, development,

2 and construction (including research in support

3 thereof) of a facility to treat and dispose of excess plu4 tonium.

5 SEC. 3133. AUTHORITY TO TRANSFER CERTAIN DEPART6 MENT OF ENERGY PROPERTY.

7 (a) AUTHORITY TO TRANSFER.—(1) Notwithstanding

8 any other provision of law, the Secretary of Energy may

9 transfer, for consideration, all right, title, and interest of

10 the United States in and to the property referred to in sub11 section (b) to any person if the Secretary determines that

12 such transfer will mitigate the adverse economic con13 sequences that might otherwise arise from the closure of a

14 Department of Energy facility.

15 (2) The amount of consideration received by the United

16 States for a transfer under paragraph (1) may be less than

17 the fair market value of the property transferred if the Sec18 retary determines that the receipt of such lesser amount by

19 the United States is in accordance with the purpose of such

20 transfer under this section.

21 (b) COVERED PROPERTY.—Property that may be

22 transferred under subsection (a) is the following property

23 of the Department of Energy that is located at department

24 facilities to be closed:
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1 (1) The personal property and fixtures at such

2 facilities that the Secretary determines to be excess to

3 the needs of the department.

4 (2) Any other personal property and fixtures at

5 such facilities the replacement cost of which does not

6 exceed an amount equal to 110 percent of the cost of

7 transporting the property or fixtures to another de8 partment facility.

9 (c) OTHER TERMS AND CONDITIONS.—The Secretary

10 may require such additional terms and conditions with re11 spect to a transfer of property under subsection (a) as the

12 Secretary determines appropriate to protect the interests of

13 the United States.

14 SEC. 3134. REAUTHORIZATION AND EXPANSION OF AU15 THORITY TO LOAN PERSONNEL AND FACILI16 TIES.

17 (a) AUTHORITY TO LOAN PERSONNEL.—Subsection

18 (a)(1) of section 1434 of the National Defense Authorization

19 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

20 2074), as amended by section 3136 of the National Defense

21 Authorization Act for Fiscal Year 1991 (Public Law 101–

22 510; 104 Stat. 1824) and section 3136 of National Defense

23 Authorization for Fiscal Year 1993 (Public Law 102–484;

24 106 Stat. 2641), is further amended—

25 (1) in subparagraph (A)—
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1 (A) by striking out ‘‘and’’ at the end of

2 clause (i):

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

4 clause (ii) and inserting in lieu thereof a semi5 colon; and

6 (C) by adding at the end the following:

7 ‘‘(iii) at the Savannah River Site, South Caro8 lina, to loan personnel in accordance with this section

9 to any community-based organization; and

10 ‘‘(iv) at Oak Ridge, Tennessee, to loan personnel

11 in accordance with this section to any community12 based organization.’’; and

13 (2) in subparagraph (B)—

14 (A) by striking out ‘‘and the Idaho’’ and in15 serting in lieu thereof ‘‘, the Idaho’’; and

16 (B) by adding before the period at the end

17 the following: ‘‘, the Savannah River Site, and

18 Oak Ridge’’.

19 (b) AUTHORITY TO LOAN FACILITIES.—Subsection (b)

20 of such Act is amended—

21 (1) by striking out ‘‘or the Idaho’’ and inserting

22 in lieu thereof ‘‘the Idaho’’; and

23 (2) by inserting ‘‘Savannah River Site, South

24 Carolina, or Oak Ridge, Tennessee,’’ before ‘‘to any

25 community-based organization’’.
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1 (c) DURATION OF PROGRAM.—Subsection (c) of such

2 section is amended—

3 (1) by striking out ‘‘Reservation, and’’ and in4 serting in lieu thereof ‘‘Reservation,’’; and

5 (2) by inserting after ‘‘Idaho National Engineer6 ing Laboratory’’ the following: ‘‘, and September 30,

7 1995, with respect to the Savannah River Site, and

8 to Oak Ridge’’.

9 SEC. 3135. INCLUSION OF ANALYSIS OF NEVADA TEST SITE

10 IN ENVIRONMENTAL ASSESSMENT OF RECON11 FIGURATION OF DEPARTMENT OF ENERGY

12 NUCLEAR WEAPONS COMPLEX.

13 In preparing an environmental impact statement in

14 connection with a decision to reconfigure the functions, fa15 cilities, and personnel of the Department of Energy relating

16 to research and development, production, and testing of nu17 clear materials and weapons, the Secretary of Energy shall

18 include an analysis of the Nevada Test Site as a potential

19 site for the location of some or all of such functions, facili20 ties, and personnel.

21 SEC. 3136. DEPARTMENT OF ENERGY MANAGEMENT.

22 (a) UNDER SECRETARIES.—Section 202 of the Depart23 ment of Energy Organization Act (42 U.S.C. 7132) is

24 amended—
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1 (1) in subsection (a), by striking out ‘‘Under

2 Secretary’’ and inserting in lieu thereof ‘‘Under Sec3 retaries’’; and

4 (2) by striking out subsection (b) and inserting

5 in lieu thereof the following:

6 ‘‘(b) There shall be in the Department three Under Sec7 retaries and a General Counsel, who shall be appointed by

8 the President, by and with the advice and consent of the

9 Senate, and who shall perform such functions and duties

10 the Secretary prescribes. The Under Secretaries shall be

11 compensated at the rate for level III of the Executive Sched12 ule under section 5314 of title 5, United States Code, and

13 the General Counsel shall be compensated at the rate pro14 vided for level IV of the Executive Schedule under section

15 5315 of title 5, United States Code.’’.

16 (b) RATES OF PAY.—Section 5314 of title 5, United

17 States Code, is amended by striking out the item relating

18 to the Under Secretary, Department of Energy, and insert19 ing in lieu thereof the following:

20 ‘‘Under Secretaries, Department of Energy (3).’’.
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1 SEC. 3137. TRAINING PROGRAMS FOR MANAGEMENT OF

2 HAZARDOUS MATERIALS AND OF HAZARDOUS

3 MATERIALS EMERGENCY RESPONSE ACTIVI4 TIES.

5 (a) AUTHORITY TO CARRY OUT PROGRAMS.—The Sec6 retary of Energy may carry out the programs described in

7 subsection (b) for persons who work with hazardous mate8 rials.

9 (b) NATURE OF PROGRAMS.—The programs referred to

10 in subsection (a) are programs relating to management of

11 hazardous materials and of hazardous materials emergency

12 response that are designed to enhance the safety of the per13 sons referred to in subsection (a) and to protect the environ14 ment.

15 (c) REGIONAL TRAINING CENTERS.—(1) The programs

16 referred to in subsection (a) may be conducted at regional

17 training centers to be operated under the supervision of the

18 Secretary by qualified (as determined by the Secretary) not19 for-profit organizations acting in cooperation with States,

20 labor organizations, or Indian tribes.

21 (2) In consultation with appropriate representatives of

22 colleges and universities and other organizations having ap23 propriate technical expertise, the Secretary may develop—

24 (A) standards relating to the operation of centers

25 under this subsection; and
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1 (B) the curricula of the training programs car2 ried out under subsection (a).

3 (d) AUTHORITY TO CONSTRUCT FACILITIES.—The

4 Secretary may, in cooperation with the Chief of Engineers

5 of the Army, construct such facilities as the Secretary deter6 mines necessary to carry out the training programs author7 ized under subsection (a), including regional training cen8 ters located at Department of Energy sites.

9 (e) DEFINITION.—In this section, the term ‘‘Indian

10 tribe’’ has the meaning provided in section 4(e) of the In11 dian Self-Determination and Education Assistance Act (25

12 U.S.C. 450b(e)).

13 (f) FUNDING.—From funds authorized to be appro14 priated to the Secretary of Energy under this division,

15 $20,000,000 may be used to carry out programs authorized

16 in subsection (a).

17 SEC. 3138. REVIEW OF DEPARTMENT OF ENERGY ENVIRON18 MENTAL COMPLIANCE AGREEMENTS.

19 (a) REVIEW REQUIRED.—The Secretary of Energy

20 shall review each agreement that the Department of Energy

21 has entered into with the Environmental Protection Agency,

22 a State, or an Indian tribe to bring a Department of En23 ergy facility into compliance with the requirements of the

24 Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water

25 Pollution Control Act (42 U.S.C. 6901 et seq.), the Com-
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1 prehensive Environmental Response Compensation and Li2 ability Act (42 U.S.C. 9601 et seq.), the Solid Waste Dis3 posal Act (42 U.S.C. 6901 et seq.), or a comparable State

4 or local government law or regulation.

5 (b) CONTENT OF REVIEW.—The review required by

6 subsection (a) shall identify all required actions or mile7 stones that—

8 (1) can be completed faster than the schedule

9 provided in the agreement;

10 (2) are unnecessary because of—

11 (A) technological or programmatic changes;

12 or

13 (B) changes in circumstances or assump14 tions;

15 (3) cannot be completed by the completion date

16 scheduled in the agreement, but can be accomplished

17 within a reasonable time after such date by the use

18 of a more efficient or more cost-effective technology

19 than the technology that has been used;

20 (4) cannot be completed by the completion date

21 scheduled in the agreement because necessary tech22 nology will not be available in time to meet that

23 schedule;

24 (5) cannot be completed by the completion date

25 scheduled in the agreement because site characteriza-
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1 tion, site analysis, or another necessary information

2 collection activity will not be completed in time to

3 meet that schedule; or

4 (6) may endanger worker health and safety if

5 carried out within the period provided in the agree6 ment.

7 (c) CONSULTATION REQUIREMENT.—In conducting the

8 review of an agreement pursuant to subsection (a), the Sec9 retary shall consult with all parties to the agreement and

10 representatives of the community in which the Department

11 of Energy facility covered by the agreement is located.

12 (d) REPORT TO CONGRESS.—The Secretary of Energy,

13 at the same time that the President submits to Congress

14 the budget for fiscal year 1996 pursuant to section 1105

15 of title 31, United States Code, shall submit to Congress

16 a report setting forth the following matters:

17 (1) The results of the review conducted pursuant

18 to subsection (a).

19 (2) Any alternatives to the milestones and com20 mitments that the Secretary considers appropriate.

21 (3) An explanation of any alternative action or

22 milestone that the Secretary considers necessary, and

23 the reason such alternative is necessary.

24 (4) For each such alternative—
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1 (A) the date on which the alternative was

2 presented to the other parties to the agreement

3 concerned;

4 (B) whether the alternative was accepted,

5 rejected, or modified by any party to the agree6 ment; and

7 (C) whether the agreement was modified to

8 incorporate the alternative.

9 (e) EXISTING OBLIGATIONS.—(1) Notwithstanding

10 any other provision of this section, nothing in this Act is

11 intended to void or amend any obligation of the United

12 States under any agreement referred to in subsection (a).

13 In addition, this section is not intended to require any

14 party to any agreement referred to in subsection (a) to re15 negotiate its agreement.

16 (2) The Secretary of Energy shall, 60 days prior to

17 filing its report required in subsection (d), provide a copy

18 of the proposed report and request comments from parties

19 to agreements referred to in subsection (a). Any such com20 ments received shall be printed as an appendix to the report

21 to Congress.

22 SEC. 3139. EXTENSION OF REVIEW OF WASTE ISOLATION

23 PILOT PLANT IN NEW MEXICO.

24 Section 1433(a) of the National Defense Authorization

25 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.
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1 2073) is amended in the second sentence by striking out

2 ‘‘four additional one-year periods’’ and inserting in lieu

3 thereof ‘‘nine additional one-year period’’.

4 SEC. 3140. STANDARDIZATION OF REQUIREMENTS AFFECT5 ING DEPARTMENT OF ENERGY EMPLOYEES.

6 (a) Part A of title VI of the Department of Energy

7 Organization Act (42 U.S.C. 7211 through 7218) is re8 pealed.

9 (b) The table of contents for the Department of Energy

10 Organization Act is amended by striking out the matter re11 lating to part A of title VI.

12 Subtitle D—Cooperative Research and

13 Development

14 SEC. 3141. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Department of En16 ergy National Competitiveness Technology Partnership Act

17 of 1993’’.

18 SEC. 3142. DEFINITIONS.

19 For purposes of this subtitle, the term—

20 (a) ‘‘Department’’ means the United States De21 partment of Energy; and

22 (b) ‘‘Secretary’’ means the Secretary of the Unit23 ed States Department of Energy.
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1 SEC. 3143. COMPETITIVENESS AMENDMENT TO THE DE2 PARTMENT OF ENERGY ORGANIZATION ACT.

3 (a) The Department of Energy Organization Act is

4 amended by adding the following new title (42 U.S.C. 7101

5 et seq.):

6 ‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS

7 ‘‘SEC. 1101. FINDINGS, PURPOSES AND DEFINITIONS.

8 ‘‘(a) FINDINGS.—For purposes of this title, Congress

9 finds that—

10 ‘‘(1) the Department has scientific and technical

11 resources within the departmental laboratories in

12 many areas of importance to the economic, scientific

13 and technological competitiveness of United States in14 dustry;

15 ‘‘(2) the extensive scientific and technical invest16 ment in people, facilities and equipment in the de17 partmental laboratories can contribute to the achieve18 ment of national technology goals in areas such as the

19 environment, health, space, and transportation;

20 ‘‘(3) the Department has pursued aggressively

21 the transfer of technology from departmental labora22 tories to the private sector; however, the capabilities

23 of the laboratories could be made more fully accessible

24 to United States industry and to other Federal agen25 cies;
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1 ‘‘(4) technology development has been increas2 ingly driven by the commercial marketplace, and the

3 private sector has research and development capabili4 ties in a broad range of generic technologies;

5 ‘‘(5) the Department and the departmental

6 laboratories would benefit, in carrying out their

7 missions, from collaboration and partnership with

8 United States industry and other Federal agencies;

9 and

10 ‘‘(6) partnerships between the departmental lab11 oratories and United States industry can provide sig12 nificant benefits to the Nation as a whole, including

13 creation of jobs for United States workers and im14 provement of the competitive position of the United

15 States in key sectors of the economy such as aero16 space, automotive, chemical and electronics.

17 ‘‘(b) PURPOSES.—The purposes of this title are—

18 ‘‘(1) to promote partnerships among the Depart19 ment, the departmental laboratories and the private

20 sector;

21 ‘‘(2) to establish a goal for the amount of depart22 mental laboratory resources to be committed to part23 nerships;

24 ‘‘(3) to ensure that the Department and the de25 partmental laboratories play an appropriate role,
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1 consistent with the core competencies of the labora2 tories, in implementing the President’s critical tech3 nology strategies;

4 ‘‘(4) to provide additional authority to the Sec5 retary to enter into partnerships with the private sec6 tor to carry out research, development, demonstration

7 and commercial application activities;

8 ‘‘(5) to streamline the approval process for coop9 erative research and development agreements proposed

10 by the departmental laboratories; and

11 ‘‘(6) to facilitate greater cooperation between the

12 Department and other federal agencies as part of an

13 integrated national effort to improve United States

14 competitiveness.

15 ‘‘(c) DEFINITIONS.—For purposes of this title, the

16 term—

17 ‘‘(1) ‘cooperative research and development

18 agreement’ has the meaning given that term in sec19 tion 12 of the Stevenson-Wydler Technology Innova20 tion Act of 1980 (15 U.S.C. 3710a(d)(1));

21 ‘‘(2) ‘core competency’ means an area in which

22 the Secretary determines a departmental laboratory

23 has developed expertise and demonstrated capabilities;
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1 ‘‘(3) ‘critical technology’ means a technology

2 identified in the Report of the National Critical Tech3 nologies Panel;

4 ‘‘(4) ‘departmental laboratory’ means a facility

5 operated by or on behalf of the Department that

6 would be considered a laboratory as that term is de7 fined in section 12 of the Stevenson-Wydler Tech8 nology Innovation Act of 1980 (15 U.S.C.

9 3710a(d)(2)) or any other laboratory or facility des10 ignated by the Secretary;

11 ‘‘(5) ‘disadvantaged’ has the same meaning as

12 that term has in section 8(a) (5) and (6) of the Small

13 Business Act (15 U.S.C. 637(a) (5) and (6));

14 ‘‘(6) ‘dual-use technology’ means a technology

15 that has military and commercial applications;

16 ‘‘(7) ‘educational institution’ means a college,

17 university, or elementary or secondary school, includ18 ing any not-for-profit organization dedicated to edu19 cation that would be exempt under section 501(a) of

20 the Internal Revenue Code of 1986;

21 ‘‘(8) ‘minority college or university’ means a his22 torically Black college or university that would be

23 considered a ‘part B institution’ by section 322(2) of

24 the Higher Education Act of 1965 (20 U.S.C.

25 1061(2)) or a ‘minority institution’ as that term is
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1 defined in section 1046 of the Higher Education Act

2 of 1965 (20 U.S.C. 1135d–5(3));

3 ‘‘(9) ‘multi-program departmental laboratory’

4 means any of the following: Argonne National Lab5 oratory, Brookhaven National Laboratory, Idaho Na6 tional Engineering Laboratory, Lawrence Berkeley

7 Laboratory, Lawrence Livermore National Labora8 tory, Los Alamos National Laboratory, National Re9 newable Energy Laboratory, Oak Ridge National

10 Laboratory, Pacific Northwest Laboratory, and

11 Sandia National Laboratories;

12 ‘‘(10) ‘partnership’ means any arrangement

13 under which the Secretary or one or more depart14 mental laboratories undertakes research, development,

15 demonstration, commercial application or technical

16 assistance activities in cooperation with one or more

17 non-Federal partners and which may include part18 ners from other Federal agencies;

19 ‘‘(11) ‘Report of the National Critical Tech20 nologies Panel’ means the biennial report on national

21 critical technologies submitted to Congress by the

22 President pursuant to section 603(d) of the National

23 Science and Technology Policy, Organization, and

24 Priorities Act of 1976 (42 U.S.C. 6683(d)); and
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1 ‘‘(12) ‘small business’ means a business concern

2 that meets the applicable standards prescribed pursu3 ant to section 3(a) of the Small Business Act (15

4 U.S.C. 632(a)).

5 ‘‘SEC. 1102. GENERAL AUTHORITY.

6 ‘‘(a)(1) In carrying out the missions of the Depart7 ment, the Secretary and the departmental laboratories may

8 conduct research, development, demonstration or commer9 cial application activities that build on the core com10 petencies of the departmental laboratories.

11 ‘‘(2) In addition to missions established pursu12 ant to other laws, the Secretary may assign to depart13 mental laboratories any of the following missions:

14 ‘‘(A) National security, including the—

15 ‘‘(i) advancement of the military ap16 plication of atomic energy;

17 ‘‘(ii) support of the production of

18 atomic weapons, or atomic weapons parts,

19 including special nuclear materials;

20 ‘‘(iii) support of naval nuclear propul21 sion programs;

22 ‘‘(iv) support for the dismantlement of

23 atomic weapons and the safe storage, trans24 portation and disposal of special nuclear

25 materials;
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1 ‘‘(v) development of technologies and

2 techniques for the safe storage, processing,

3 treatment, transportation, and disposal of

4 hazardous waste (including radioactive

5 waste) resulting from nuclear materials

6 production, weapons production and sur7 veillance programs, and naval nuclear pro8 pulsion programs and of technologies and

9 techniques for the reduction of environ10 mental hazards and contamination due to

11 such waste and the environmental restora12 tion of sites affected by such waste;

13 ‘‘(vi) development of technologies and

14 processes that facilitate the effective negotia15 tion and verification of international arms

16 control agreements and the containment of

17 the proliferation of nuclear weapons and the

18 proliferation of delivery systems for such

19 weapons; and

20 ‘‘(vii) protection of health and pro21 motion of safety in carrying out other na22 tional security missions.

23 ‘‘(B) Energy-related science and technology,

24 including the—
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1 ‘‘(i) enhancement of the understanding

2 of all forms of energy production and use;

3 ‘‘(ii) support of basic and applied re4 search on the fundamental nature of matter

5 and energy, including construction and op6 eration of unique scientific instruments;

7 ‘‘(iii) development of energy resources,

8 including solar, geothermal, fossil, and nu9 clear energy resources, and related fuel cy10 cles;

11 ‘‘(iv) pursuit of a comprehensive pro12 gram of research and development on the

13 environmental effects of energy technologies

14 and programs;

15 ‘‘(v) development of technologies and

16 processes to reduce the generation of waste

17 or pollution or the consumption of energy or

18 materials;

19 ‘‘(vi) development of technologies and

20 techniques for the safe storage, processing,

21 treatment, management, transportation and

22 disposal of nuclear waste resulting from

23 commercial nuclear activities; and
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1 ‘‘(vii) improvement of the quality of

2 education in science, mathematics, and en3 gineering.

4 ‘‘(C) Technology transfer.

5 ‘‘(3)(A) In addition to the missions identified in

6 subsection (a)(2), the Departmental laboratories may

7 pursue supporting missions to the extent that these

8 supporting missions—

9 ‘‘(i) support the technology policies of the

10 President;

11 ‘‘(ii) are developed in consultation with and

12 coordinated with any other Federal agency or

13 agencies that carry out such mission activities;

14 ‘‘(iii) are built upon the competencies devel15 oped in carrying out the primary missions iden16 tified in subsection (a)(2) and do not interfere

17 with the pursuit of the missions identified in

18 subsection (a)(2); and

19 ‘‘(iv) are carried out through a process that

20 solicits the views of United States industry and

21 other appropriate parties.

22 ‘‘(B) These supporting missions shall include ac23 tivities in the following areas:

24 ‘‘(i) developing and operating high-perform25 ance computing and communications systems,
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1 with the goals of contributing to a national in2 formation infrastructure and addressing complex

3 scientific and industrial challenges which require

4 large-scale computational capabilities;

5 ‘‘(ii) conducting research on and develop6 ment of advanced manufacturing systems and

7 technologies, with the goal of assisting the pri8 vate sector in improving the productivity, qual9 ity, energy efficiency, and control of manufactur10 ing processes; and

11 ‘‘(iii) conducting research on and develop12 ment of advanced materials, with the goals of in13 creasing energy efficiency, environmental protec14 tion, and improved industrial performance.

15 ‘‘(4) In carrying out the Department’s missions,

16 the Secretary, and the directors of the departmental

17 laboratories, shall, to the maximum extent prac18 ticable, make use of partnerships. Such partnerships

19 shall be for purposes of the following:

20 ‘‘(A) to lead to the development of tech21 nologies that the private sector can commer22 cialize in areas of technology with broad appli23 cation important to United States technological

24 and economic competitiveness;
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1 ‘‘(B) to provide Federal support in areas of

2 technology where the cost or risk is too high for

3 the private sector to support alone but that offer

4 a potentially high payoff to the United States;

5 ‘‘(C) to contribute to the education and

6 training of scientists and engineers;

7 ‘‘(D) to provide university and private re8 searchers access to departmental laboratory fa9 cilities; or

10 ‘‘(E) to provide technical expertise to uni11 versities, industry or other Federal agencies.

12 ‘‘(b) The Secretary, in carrying out partnerships, may

13 enter into agreements using instruments authorized under

14 applicable laws, including but not limited to contracts, co15 operative research and development agreements, work for

16 other agreements, user-facility agreements, cooperative

17 agreements, grants, personnel exchange agreements and pat18 ent and software licenses with any person, any agency or

19 instrumentality of the United States, any State or local

20 governmental entity, any educational institution, and any

21 other entity, private sector or otherwise.

22 ‘‘(c) The Secretary and the directors of the depart23 mental laboratories shall utilize partnerships with United

24 States industry, to the maximum extent practicable, to en25 sure that technologies developed in pursuit of the Depart-
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1 ment’s missions are applied and commercialized in a time2 ly manner.

3 ‘‘(d) The Secretary shall work with other Federal agen4 cies to carry out research, development, demonstration or

5 commercial application activities where the core com6 petencies of the departmental laboratories could contribute

7 to the missions of such other agencies.

8 ‘‘SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS

9 BETWEEN DEPARTMENTAL LABORATORIES

10 AND UNITED STATES INDUSTRY.

11 ‘‘(a) Beginning in fiscal year 1994, the Secretary shall

12 establish a goal to make available for cost-shared partner13 ships with United States industry not less than 20 percent

14 of the annual funds provided by the Secretary to each

15 multi-program departmental laboratory for research, devel16 opment, demonstration and commercial application activi17 ties.

18 ‘‘(b) Beginning in fiscal year 1994, the Secretary shall

19 establish an appropriate goal for the amount of resources

20 to be made available for cost-shared partnerships with

21 United States industry at other departmental laboratories.
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1 ‘‘SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOP2 MENT OF CRITICAL TECHNOLOGY STRATE3 GIES.

4 ‘‘(a) The Secretary shall develop a multi-year critical

5 technology strategy for research, development, demonstra6 tion and commercial application activities supported by the

7 Department for the critical technologies listed in the Report

8 of the National Critical Technologies Panel.

9 ‘‘(b) In developing such strategy, the Secretary shall—

10 ‘‘(1) identify the core competencies of each de11 partmental laboratory;

12 ‘‘(2) develop goals and objectives for the appro13 priate role of the Department in each of the critical

14 technologies listed in the report, taking into consider15 ation the core competencies of the departmental lab16 oratories;

17 ‘‘(3) consult with appropriate representatives of

18 United States industry, including members of indus19 try associations and representatives of labor organiza20 tions; and

21 ‘‘(4) participate in the executive branch process

22 to develop critical technology strategies.

23 ‘‘SEC. 1105. PARTNERSHIP PREFERENCES.

24 ‘‘(a) The Secretary shall ensure that the principal eco25 nomic benefits of any partnership accrue to the United

26 States economy.
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1 ‘‘(b) Any partnership that would be given preference

2 under section 12(c)(4) of the Stevenson-Wydler Technology

3 Innovation Act of 1980 (15 U.S.C. 3710a (c)(4)) if it were

4 a cooperative research and development agreement shall be

5 given preference under this title.

6 ‘‘(c) The Secretary shall issue guidelines, after con7 sultation with the Laboratory Partnership Advisory Board

8 established in section 1109, for application of section

9 12(c)(4) of the Stevenson-Wydler Technology Innovation

10 Act of 1980 (15 U.S.C. 3710a (c)(4)) and application of

11 subsection (a) of this section to partnerships.

12 ‘‘(d) The Secretary shall encourage partnerships that

13 involve minority colleges or universities or private sector

14 entities owned or controlled by disadvantaged individuals.

15 ‘‘SEC. 1106. EVALUATION OF PARTNERSHIP PROGRAMS.

16 ‘‘(a) The Secretary, in consultation with the Labora17 tory Partnership Advisory Board established in section

18 1109, shall develop mechanisms for independent evaluation

19 of the ongoing partnership activities of the Department and

20 the departmental laboratories.

21 ‘‘(b)(1) The Secretary and the director of each depart22 mental laboratory shall develop mechanisms for assessing

23 the progress of each partnership.

24 ‘‘(2) The Secretary and the director of each depart25 mental laboratory shall utilize the mechanisms developed
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1 under paragraph (1) to evaluate the accomplishments of

2 each ongoing multi-year partnership and shall condition

3 continued Federal participation in each partnership on

4 demonstrated progress.

5 ‘‘SEC. 1107. ANNUAL REPORT.

6 ‘‘(a) The Secretary shall submit an annual report to

7 Congress describing the ongoing partnership activities of the

8 Secretary and each departmental laboratory and, to the ex9 tent practicable, the activities planned by the Secretary and

10 by each departmental laboratory for the coming fiscal year.

11 In developing the report, the Secretary shall seek the advice

12 of the Laboratory Partnership Advisory Board established

13 in section 1109.

14 ‘‘(b) The Secretary shall submit the report under sub15 section (a) to the appropriate Committees of the Congress.

16 No later than March 1, 1994, and no later than the first

17 of March of each subsequent year, the Secretary shall submit

18 the report under subsection (a) that covers the fiscal year

19 beginning on the first of October of such year.

20 ‘‘(c) Each director of a departmental laboratory shall

21 provide annually to the Secretary a report on ongoing part22 nership activities and a plan and such other information

23 as the Secretary may reasonably require describing the

24 partnership activities the director plans to carry out in the

25 coming fiscal year. The director shall provide such report
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1 and plan in a timely manner as prescribed by the Secretary

2 to permit preparation of the report under subsection (a).

3 ‘‘(d) The Secretary’s description of planned activities

4 under subsection (a) shall include, to the extent such infor5 mation is available, appropriate information on—

6 ‘‘(1) the total funds to be allocated to partnership

7 activities by the Secretary and by the director of each

8 departmental laboratory;

9 ‘‘(2) a breakdown of funds to be allocated by the

10 Secretary and by the director of each departmental

11 laboratory for partnership activities by area of tech12 nology;

13 ‘‘(3) any plans for additional funds not de14 scribed in paragraph (2) to be set aside for partner15 ships during the coming fiscal year;

16 ‘‘(4) any partnership that involves a Federal

17 contribution in excess of $500,000 the Secretary or the

18 director of each departmental laboratory expects to

19 enter into in the coming fiscal year;

20 ‘‘(5) the technologies that will be advanced by

21 each partnership that involves a Federal contribution

22 in excess of $500,000;

23 ‘‘(6) the types of entities that will be eligible for

24 participation in partnerships;
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1 ‘‘(7) the nature of the partnership arrangements,

2 including the anticipated level of financial and in3 kind contribution from participants and any repay4 ment terms;

5 ‘‘(8) the extent of use of competitive procedures

6 in selecting partnerships; and

7 ‘‘(9) such other information that the Secretary

8 finds relevant to the determination of the appropriate

9 level of Federal support for such partnerships.

10 ‘‘(e) The Secretary shall provide appropriate notice in

11 advance to Congress of any partnership, which has not been

12 described previously in the report required by subsection

13 (a), that involves a Federal contribution in excess of

14 $500,000.

15 ‘‘SEC. 1108. PARTNERSHIP PAYMENTS.

16 ‘‘(a)(1) Partnership agreements entered into by the

17 Secretary may require a person or other entity to make

18 payments to the Department, or any other Federal agency,

19 as a condition for receiving support under the agreement.

20 ‘‘(2) The amount of any payment received by the Fed21 eral Government pursuant to a requirement imposed under

22 paragraph (1) may be credited, to the extent authorized by

23 the Secretary, to the account established under paragraph

24 (3). Amounts so credited shall be available, subject to appro25 priations, for partnerships.
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1 ‘‘(3) There is hereby established in the United States

2 Treasury an account to be known as the ‘Department of

3 Energy Partnership Fund’. Funds in such account shall be

4 available to the Secretary for the support of partnerships.

5 ‘‘(b) The Secretary may advance funds under any

6 partnership without regard to section 3324 of title 31 of

7 the United States Code to—

8 ‘‘(1) small businesses;

9 ‘‘(2) not-for-profit organizations that would be

10 exempt under section 501(a) of the Internal Revenue

11 Code of 1986; or

12 ‘‘(3) State or local governmental entities.

13 ‘‘SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD

14 AND INDUSTRIAL ADVISORY GROUPS AT

15 MULTI-PROGRAM DEPARTMENTAL LABORA16 TORIES.

17 ‘‘(a)(1) The Secretary shall establish within the De18 partment an advisory board to be known as the ‘Laboratory

19 Partnership Advisory Board’, to provide the Secretary with

20 advice on the implementation of this title.

21 ‘‘(2) The membership of the Laboratory Partnership

22 Advisory Board shall consist of persons who are qualified

23 to provide the Secretary with advice on the implementation

24 of this title. Members of the Board shall include representa-
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1 tives primarily from United States industry but shall also

2 include representatives from—

3 ‘‘(A) small businesses;

4 ‘‘(B) private sector entities owned or controlled

5 by disadvantaged persons;

6 ‘‘(C) educational institutions, including rep7 resentatives from minority colleges or universities;

8 ‘‘(D) laboratories of other Federal agencies; and

9 ‘‘(E) professional and technical societies in the

10 United States.

11 ‘‘(3) The Laboratory Partnership Advisory Board shall

12 request comment and suggestions from departmental labora13 tories to assist the Board in providing advice to the Sec14 retary on the implementation of this title.

15 ‘‘(b) The director of each multi-program departmental

16 laboratory shall establish an advisory group consisting of

17 persons from United States industry to—

18 ‘‘(1) evaluate new initiatives proposed by the de19 partmental laboratory;

20 ‘‘(2) identify opportunities for partnerships with

21 United States industry; and

22 ‘‘(3) evaluate ongoing programs at the depart23 mental laboratory from the perspective of United

24 States industry.
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1 ‘‘(c) Nothing in this section is intended to preclude the

2 Secretary or the director of a departmental laboratory from

3 utilizing existing advisory boards to achieve the purposes

4 of this section.

5 ‘‘SEC. 1110. FELLOWSHIP PROGRAM.

6 ‘‘The Secretary shall encourage scientists, engineers

7 and technical staff from departmental laboratories to serve

8 as visiting fellows in research and manufacturing facilities

9 of industrial organizations, State and local governments,

10 and educational institutions in the United States and for11 eign countries. The Secretary may establish a formal fellow12 ship program for this purpose or may authorize such activi13 ties on a case-by-case basis. The Secretary shall also encour14 age scientists and engineers from United States industry

15 to serve as visiting scientists and engineers in the depart16 mental laboratories.

17 ‘‘SEC. 1111. COOPERATION WITH STATE AND LOCAL PRO18 GRAMS FOR TECHNOLOGY DEVELOPMENT

19 AND DISSEMINATION.

20 ‘‘The Secretary and the director of each departmental

21 laboratory shall seek opportunities to coordinate their ac22 tivities with programs of State and local governments for

23 technology development and dissemination, including pro24 grams funded in part by the Secretary of Defense pursuant

25 to section 2523 of title 10 of the United States Code and
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1 section 2513 of title 10 of the United States Code and pro2 grams funded in part by the Secretary of Commerce pursu3 ant to sections 25 and 26 of the Act of March 3, 1901 (15

4 U.S.C. 278k and 278l) and section 5121(b) of the Omnibus

5 Trade and Competitiveness Act of 1988 (15 U.S.C. 278l

6 note).

7 ‘‘SEC. 1112. AVAILABILITY OF FUNDS FOR PARTNERSHIPS.

8 ‘‘(a) All of the funds authorized to be appropriated to

9 the Secretary for research, development, demonstration or

10 commercial application activities, other than atomic energy

11 defense programs, shall be available for partnerships to the

12 extent such partnerships are consistent with the goals and

13 objectives of such activities.

14 ‘‘(b) All of the funds authorized to be appropriated to

15 the Secretary for atomic energy defense activities shall be

16 available for partnerships to the extent such partnerships

17 are consistent with the goals and objectives of such activi18 ties.

19 ‘‘(c) Funds authorized to be appropriated to the Sec20 retary and made available for departmental laboratory-di21 rected research and development shall be available for any

22 partnership.

23 ‘‘SEC. 1113. PROTECTION OF INFORMATION.

24 ‘‘Section 12(c)(7) of the Stevenson-Wydler Technology

25 Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)), relating
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1 to the protection of information, shall apply to the partner2 ship activities undertaken by the Secretary and by the di3 rectors of the departmental laboratories.

4 ‘‘SEC. 1114. FAIRNESS OF OPPORTUNITY.

5 ‘‘(a) The Secretary and the director of each depart6 mental laboratory shall institute procedures to ensure that

7 information on laboratory capabilities and arrangements

8 for participating in partnerships with the Secretary or the

9 departmental laboratories is publicly disseminated.

10 ‘‘(b) Prior to entering into any partnership having a

11 Federal contribution in excess of $5,000,000, the Secretary

12 or director of a departmental laboratory shall ensure that

13 the opportunity to participate in such partnership has been

14 publicly announced to potential participants.

15 ‘‘(c) In cases where the Secretary or the director of a

16 departmental laboratory believes a potential partnership

17 activity would benefit from broad participation from the

18 private sector, the Secretary or the director of such depart19 mental laboratory may take such steps as may be necessary

20 to facilitate formation of a United States industry consor21 tium to pursue the partnership activity.

22 ‘‘SEC. 1115. PRODUCT LIABILITY.

23 ‘‘The Secretary, after consultation with the Laboratory

24 Partnership Advisory Board established in section 1109,

25 and the Attorney General shall enter into a memorandum
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1 of understanding establishing a consistent policy and stand2 ards regarding the liability of the United States, of the non3 Federal entity operating a departmental laboratory and of

4 any other party to a partnership for product liability

5 claims arising from partnership activities. The Secretary

6 and the director of each departmental laboratory shall, to

7 the maximum extent practicable, incorporate into any part8 nership the policy and standards established in the memo9 randum of understanding.

10 ‘‘SEC. 1116. INTELLECTUAL PROPERTY.

11 ‘‘The Secretary shall, after consultation with the Lab12 oratory Partnership Advisory Board established in section

13 1109, develop guidelines governing the application of intel14 lectual property laws by the Secretary and by the director

15 of each departmental laboratory in partnership arrange16 ments.

17 ‘‘SEC. 1117. SMALL BUSINESS.

18 ‘‘(a) The Secretary shall develop simplified procedures

19 and guidelines for partnerships involving small businesses

20 to facilitate access to the resources and capabilities of the

21 departmental laboratories.

22 ‘‘(b) Notwithstanding any other law, the Secretary

23 may waive, in whole or in part, any cost-sharing require24 ment for a small business involved in a partnership if the

25 Secretary determines that the cost-sharing requirement
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1 would impose an undue hardship on the small business and

2 would prevent the formation of the partnership.

3 ‘‘(c) Notwithstanding section 12(d) of the Stevenson4 Wydler Technology Innovation Act of 1980 (15 U.S.C.

5 3710a(d)(1)), the Secretary may provide funds as part of

6 a cooperative research and development agreement to a

7 small business if the Secretary determines that the funds

8 are necessary to prevent imposing an undue hardship on

9 the small business and necessary for the formation of the

10 cooperative research and development agreement.

11 ‘‘SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.

12 ‘‘Within one year after the date of enactment of this

13 title, and annually thereafter, the Secretary shall submit

14 to the appropriate committees of the United States Senate

15 and the United States House of Representatives a report

16 identifying opportunities for minority colleges and univer17 sities to participate in programs and activities being car18 ried out by the Department or the departmental labora19 tories. The Secretary shall consult with representatives of

20 minority colleges and universities in preparing the report.

21 Such report shall—

22 ‘‘(a) describe ongoing education and training

23 programs being carried out by the Department or the

24 departmental laboratories with respect to or in con-
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1 junction with minority colleges and universities in

2 the areas of mathematics, science, and engineering;

3 ‘‘(b) describe ongoing research, development dem4 onstration or commercial application activities in5 volving the Department or the departmental labora6 tories and minority colleges and universities;

7 ‘‘(c) describe funding levels for the programs and

8 activities described in subsections (a) and (b);

9 ‘‘(d) identify ways for the Department or the de10 partmental laboratories to assist minority colleges

11 and universities in providing education and training

12 in the fields of mathematics, science, and engineering;

13 ‘‘(e) identify ways for the Department or the de14 partmental laboratories to assist minority colleges

15 and universities in entering into partnerships;

16 ‘‘(f) address the need for and potential role of the

17 Department or the departmental laboratories in pro18 viding to minority colleges and universities the fol19 lowing:

20 ‘‘(1) increased research opportunities for

21 faculty and students;

22 ‘‘(2) assistance in faculty development and

23 recruitment and curriculum enhancement and

24 development; and
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1 ‘‘(3) laboratory instrumentation and equip2 ment, including computer equipment, through

3 purchase, loan, or other transfer;

4 ‘‘(g) address the need for and potential role of the

5 Department or the departmental laboratories in pro6 viding funding and technical assistance for the devel7 opment of infrastructure facilities, including build8 ings and laboratory facilities at minority colleges and

9 universities; and

10 ‘‘(h) make specific proposals and recommenda11 tions, together with estimates of necessary funding

12 levels, for initiatives to be carried out by the Depart13 ment or the departmental laboratories to assist mi14 nority colleges and universities in providing edu15 cation and training in the areas of mathematics,

16 science, and engineering, and in entering into part17 nerships with the Department or departmental lab18 oratories.

19 ‘‘SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOL20 ARSHIP PROGRAM.

21 ‘‘The Secretary shall establish a scholarship program

22 for students attending minority colleges or universities and

23 pursuing a degree in energy-related scientific, mathemati24 cal, engineering, and technical disciplines. The program

25 shall include tuition assistance. The program shall provide
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1 an opportunity for the scholarship recipient to participate

2 in an applied work experience in a departmental labora3 tory. Recipients of such scholarships shall be students

4 deemed by the Secretary to have demonstrated (1) a need

5 for such assistance and (2) academic potential in the par6 ticular area of study. Scholarships awarded under this pro7 gram shall be known as Secretary of Energy Scholarships.’’.

8 (b) CONFORMING AMENDMENT.—The table of contents

9 of the Department of Energy Organization Act (42 U.S.C.

10 7101 et seq.) is amended by adding at the end thereof the

11 following items:

‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS

‘‘Sec. 1101. Finding, purposes, and definitions.

‘‘Sec. 1102. General authority.

‘‘Sec. 1103. Establishment of goal for partnerships between departmental laboratories and United States industry.

‘‘Sec. 1104. Role of the Department in the development of critical technology

strategies.

‘‘Sec. 1105. Partnership preferences.

‘‘Sec. 1106. Evaluation of partnership programs.

‘‘Sec. 1107. Annual report.

‘‘Sec. 1108. Partnership payments.

‘‘Sec. 1109. Laboratory partnership advisory board and industrial advisory

groups at multi-program departmental laboratories.

‘‘Sec. 1110. Fellowship program.

‘‘Sec. 1111. Cooperation with State and local programs for technology development and dissemination.

‘‘Sec. 1112. Availability of funds for partnerships.

‘‘Sec. 1113. Protection of information.

‘‘Sec. 1114. Fairness of opportunity.

‘‘Sec. 1115. Product liability.

‘‘Sec. 1116. Intellectual property.

‘‘Sec. 1117. Small business.

‘‘Sec. 1118. Minority college and university report.

‘‘Sec. 1119. Minority college and university scholarship program.’’.
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1 SEC. 3144. NATIONAL ADVANCED MANUFACTURING TECH2 NOLOGIES PROGRAM.

3 The Secretary is encouraged to use partnerships to ex4 pedite the private sector deployment of advanced manufac5 turing technologies as required by section 2202(a) of the

6 Energy Policy Act of 1992 (42 U.S.C. 13502).

7 SEC. 3145. NOT-FOR-PROFIT ORGANIZATIONS.

8 The Secretary shall encourage the establishment of not9 for-profit organizations, such as the Center for Applied De10 velopment of Environmental Technology (CADET), that

11 will facilitate the transfer of technologies from the depart12 mental laboratories to the private sector.

13 SEC. 3146. CAREER PATH PROGRAM.

14 (a) The Secretary, utilizing authority under other ap15 plicable law and the authority of this section, shall establish

16 a career path program to recruit employees of the national

17 laboratories to serve in positions in the Department.

18 (b) Section 207 of title 18, United States Code, is

19 amended by inserting after subsection (j)(6) the following:

20 ‘‘(7) NATIONAL LABORATORIES.—(A) The restric21 tions contained in subsections (a), (b), (c), and (d)

22 shall not apply to an appearance or communication

23 made, or advice or aid rendered by a person employed

24 at a facility described in subparagraph (B), if the ap25 pearance or communication is made on behalf of the
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1 facility or the advice or aid is provided to the con2 tractor of the facility.

3 ‘‘(B) This paragraph applies to the following:

4 Argonne National Laboratory, Brookhaven National

5 Laboratory, Idaho National Engineering Laboratory,

6 Lawrence Berkeley Laboratory, Lawrence Livermore

7 National Laboratory, Los Alamos National Labora8 tory, National Renewable Energy Laboratory, Oak

9 Ridge National Laboratory, Pacific Northwest Lab10 oratory, and Sandia National Laboratories.’’.

11 (c) Section 27 of the Office of Federal Procurement

12 Policy Act (41 U.S.C. 423) is amended by inserting the fol13 lowing new subsection:

14 ‘‘(q) NATIONAL LABORATORIES.—(1) The restrictions

15 on obtaining a recusal contained in paragraphs (c)(2) and

16 (c)(3) shall not apply to discussions of future employment

17 or business opportunity between a procurement official and

18 a competing contractor managing and operating a facility

19 described in paragraph (3): Provided, That such discussions

20 concern the employment of the procurement official at such

21 facility.

22 ‘‘(2) The restrictions contained in paragraph (f)(1)

23 shall not apply to activities performed on behalf of a facility

24 described in paragraph (3).
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1 ‘‘(3) This subsection applies to the following: Argonne

2 National Laboratory, Brookhaven National Laboratory,

3 Idaho National Engineering Laboratory, Lawrence Berke4 ley Laboratory, Lawrence Livermore National Laboratory,

5 Los Alamos National Laboratory, National Renewable En6 ergy Laboratory, Oak Ridge National Laboratory, Pacific

7 Northwest Laboratory, and Sandia National Labora8 tories.’’.

9 SEC. 3147. AVLIS COMMERCIALIZATION.

10 (a) PREDEPLOYMENT CONTRACTOR.—Not later than

11 ninety days after the date of enactment of this Act, the Sec12 retary shall solicit proposals for a commercial

13 predeployment contractor to conduct such activities as may

14 be necessary to enable the Secretary or any successor to the

15 Secretary’s uranium enrichment enterprise to deploy a

16 commercial uranium enrichment plant using the Atomic

17 Vapor Laser Isotope Separation (AVLIS) technology. Such

18 activities shall include—

19 (1) developing a transition plan for transferring

20 the AVLIS program from research, development, and

21 demonstration activities at the Lawrence Livermore

22 National Laboratory to deployment of a commercial

23 AVLIS production plant;

24 (2) confirming the technical performance of

25 AVLIS technology;
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1 (3) developing the economic and industrial as2 sessments necessary for the Secretary or his successor

3 to make a commercial decision whether to deploy

4 AVLIS;

5 (4) providing an industrial perspective for the

6 planning and execution of remaining demonstration

7 program activities; and

8 (5) completing feasibility and risk studies nec9 essary for a commercial decision whether to deploy

10 AVLIS, including financing options.

11 (b) ADDITIONAL ACTIVITIES.—Based upon the results

12 of subsection (a), the Secretary may solicit additional pro13 posals to complete the following activities:

14 (1) site selection, site characterization, and envi15 ronmental documentation activities for a commercial

16 AVLIS plant;

17 (2) engineering design of a production plant, de18 veloping a project schedule, and initiating operations

19 planning;

20 (3) activities leading to obtaining necessary li21 censes from the Nuclear Regulatory Commission; and

22 (4) ensuring the successful integration of AVLIS

23 technology into the commercial nuclear fuel cycle.

24 (c) REPORTS.—The Secretary shall submit to the Com25 mittee on Energy and Natural Resources of the United
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1 States Senate and to the Speaker of the House of Represent2 atives a written report on the progress made toward the

3 deployment of a commercial AVLIS production plant nine4 ty days after the date of enactment of this Act and each

5 ninety days thereafter.

6 SEC. 3148. AMENDMENTS TO STEVENSON-WYDLER TECH7 NOLOGY INNOVATION ACT.

8 (a) Section 12(c)(5) of the Stevenson-Wydler Tech9 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)) is

10 amended—

11 (1) by deleting subparagraph (C)(i) and insert12 ing in lieu thereof the following:

13 ‘‘(C)(i) Any agency that has contracted

14 with a non-Federal entity to operate a labora15 tory shall review and approve, request specific

16 modifications to, or disapprove a joint work

17 statement and cooperative research and develop18 ment agreement that is submitted by the director

19 of such laboratory within thirty days after such

20 submission. In any case where an agency has re21 quested specific modifications to a joint work

22 statement or cooperative research and develop23 ment agreement, the agency shall approve or dis24 approve any resubmission of such joint work

25 statement or cooperative research and develop-
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1 ment agreement within fifteen days after such re2 submission. No agreement may be entered into

3 by a Government-owned, contractor-operated lab4 oratory under this section before both approval of

5 the cooperative research and development agree6 ment and a joint work statement.’’;

7 (2) by adding in subparagraph (C)(ii) the

8 words, ‘‘or cooperative research and development

9 agreement’’ after ‘‘joint work statement’’;

10 (3) by deleting subparagraph (C)(iv);

11 (4) by deleting subparagraph (C)(v) and insert12 ing in lieu thereof:

13 ‘‘(C)(iv) If an agency fails to complete a re14 view under clause (i) within any of the specified

15 time-periods, the agency shall submit to the Con16 gress, within ten days after the failure to com17 plete the review, a report on the reasons for such

18 failure. The agency shall, at the end of each suc19 cessive 15-day period thereafter during which

20 such failure continues, submit to Congress an21 other report on the reasons for the continued fail22 ure.’’; and

23 (5) by deleting subparagraph (C)(vi).
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1 (b) Section 12(d)(2) of the Stevenson-Wydler Tech2 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)) is

3 amended—

4 (1) in subparagraph (B) by striking ‘‘substan5 tial’’ before ‘‘purpose’’; and

6 (2) in subparagraph (C) by striking ‘‘the pri7 mary purpose’’ and inserting in lieu thereof ‘‘one of

8 the purposes’’.

9 SEC. 3149. GUIDELINES.

10 The implementation of the provisions of this Act shall

11 not be delayed pending the issuance of guidelines, policies

12 or standards required by sections 1105, 1115 and 1116 of

13 the Department of Energy Organization Act (42 U.S.C.

14 7101 et seq.) as added by section 3143 of this Act.

15 SEC. 3150. AUTHORIZATION.

16 (a) In addition to funds made available for partner17 ships under section 1112 of the Department of Energy Or18 ganization Act (42 U.S.C. 7101 et seq.) as added by section

19 3143 of this Act, there is authorized to be appropriated from

20 funds otherwise available to the Secretary for partnership

21 activities with industry in areas other than atomic energy

22 defense activities $100,000,000 for fiscal year 1994,

23 $140,000,000 for fiscal year 1995, $180,000,000 for fiscal

24 year 1996 and $220,000,000 for fiscal year 1997.
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1 (b) There is authorized to be appropriated to the Sec2 retary for the Minority College and University Scholarship

3 Program established in section 1119 of the Department of

4 Energy Organization Act (42 U.S.C. 7101 et seq.) as added

5 by section 3143 of this Act in areas other than atomic en6 ergy defense activities $1,000,000 for fiscal year 1994,

7 $2,000,000 for fiscal year 1995 and $3,000,000 for fiscal

8 year 1996.

9 (c) There is authorized to be appropriated to the Sec10 retary for research or educational programs, in areas other

11 than atomic energy defense activities, carried out through

12 partnerships or otherwise, and for related facilities and

13 equipment that involve minority colleges or universities

14 such sums as may be necessary.

15 TITLE XXXII—NUCLEAR SAFETY

16 SEC. 3201. AUTHORIZATION FOR DEFENSE NUCLEAR SAFE17 TY BOARD.

18 There are authorized to be appropriated for fiscal year

19 1994, $18,000,000 for the operation of the Defense Nuclear

20 Facilities Safety Board under chapter 21 of the Atomic En21 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 SEC. 3202. REQUIREMENT FOR TRANSMITTAL TO CONGRESS

2 OF CERTAIN INFORMATION PREPARED BY DE3 FENSE NUCLEAR SAFETY BOARD.

4 (a) REQUIREMENT.—Chapter 21 of the Atomic Energy

5 Act of 1954 (42 U.S.C. 2286 et seq.) is amended—

6 (1) by redesignating section 320 as section 321;

7 and

8 (2) by inserting after section 319 the following

9 new section 320:

10 ‘‘SEC. 320. TRANSMITTAL OF CERTAIN INFORMATION TO

11 CONGRESS.

12 ‘‘Whenever the Board submits or transmits to the

13 President or the Director of the Office of Management and

14 Budget any budget estimate, budget request, supplemental

15 budget request, or other budget information, any legislative

16 recommendation, or any statement or information in prep17 aration of a report to be submitted to Congress pursuant

18 to section 316(a), the Board shall submit at the same time

19 a copy thereof to Congress.’’.

20 (b) CLERICAL AMENDMENT.—The table of contents at

21 the beginning of the Atomic Energy Act of 1954 (42 U.S.C.

22 2011 et seq.) is amended by striking out the item relating

23 to section 320 and inserting in lieu thereof the following:

‘‘Sec. 320. Transmittal of certain information to Congress.

‘‘Sec. 321. Annual authorization of appropriations.’’.
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1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 Subtitle A—Authorizations of

4 Disposals and Use of Funds

5 SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATE6 RIALS CONTAINED IN THE NATIONAL DE7 FENSE STOCKPILE.

8 (a) DISPOSAL AUTHORIZED.—Subject to the condi9 tions specified in subsection (b), the President may dispose

10 of obsolete and excess materials currently contained in the

11 National Defense Stockpile in order to modernize the stock12 pile. The materials subject to disposal under this subsection

13 and the quantity of each material authorized to be disposed

14 of by the President are set forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ............................................................................................. 62,843 short tons

Analgesics .............................................................................................. 53,525 pounds of anhydrous morphine

alkaloid

Antimony .............................................................................................. 32,140 short tons

Diamond Dies, Small .......................................................................... 25,473 pieces

Manganese, Electrolytic ....................................................................... 14,172 short tons

Mica, Muscovite Block, Stained and Better ....................................... 1,866,166 pounds

Mica, Muscovite Film, 1st & 2d quality ............................................ 158,440 pounds

Mica, Muscovite Splittings .................................................................. 12,540,382 pounds

Quinidine .............................................................................................. 2,471,287 avoirdupois ounces

Quinidine, Non-Stockpile Grade ......................................................... 1,691 avoirdupois

ounces

Quinine ................................................................................................. 2,770,091 avoirdupois ounces

Quinine, Non-Stockpile Grade ............................................................ 475,950 avoirdupois

ounces

Rare Earths .......................................................................................... 504 short dry tons

Vanadium Pentoxide ............................................................................ 718 short tons of contained vanadium
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1 (b) CONDITIONS ON DISPOSAL.—The authority of the

2 President under subsection (a) to dispose of materials stored

3 in the stockpile may not be used unless and until the Sec4 retary of Defense certifies that the disposal of such materials

5 will not adversely affect the capability of the National De6 fense Stockpile to supply the strategic and critical materials

7 necessary to meet the needs of the United States during a

8 period of national emergency that requires a significant

9 level of mobilization of the economy of the United States,

10 including any reconstitution of the military and industrial

11 capabilities necessary to meet the planning assumptions

12 used by the Secretary of Defense under section 14(b) of the

13 Strategic and Critical Materials Stock Piling Act (50

14 U.S.C. 98h–5(b)).

15 SEC. 3302. REVISION OF AUTHORITY TO DISPOSE OF CER16 TAIN MATERIALS AUTHORIZED FOR DIS17 POSAL IN FISCAL YEAR 1993.

18 (a) CHROMITE AND MANGANESE ORES.—During fiscal

19 year 1994, the disposal of chromite and manganese ores of

20 metallurgical grade under the authority of section 3302(a)

21 of the National Defense Authorization Act for Fiscal Year

22 1993 (Public Law 102–484; 106 Stat. 2649; 50 U.S.C. 98d

23 note) may be made only for processing within the United

24 States and the territories and possessions of the United

25 States.
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1 (b) CHROMIUM AND MANGANESE FERRO.—Section

2 3302(f) of such Act (106 Stat. 2651; 50 U.S.C. 98d note)

3 is amended by striking out ‘‘October 1, 1993’’ and inserting

4 in lieu thereof ‘‘October 1, 1994’’.

5 SEC. 3303. AUTHORIZED USES OF STOCKPILE FUNDS.

6 During fiscal year 1994, the National Defense Stock7 pile Manager may obligate up to $67,300,000 of the funds

8 in the National Defense Stockpile Transaction Fund (sub9 ject to such limitations as may be provided in appropria10 tions Acts) for the authorized uses of such funds under sec11 tion 9(b)(2) of the Strategic and Critical Materials Stock

12 Piling Act (50 U.S.C. 98h(b)(2)).

13 Subtitle B—Programmatic Changes

14 SEC. 3311. STOCKPILING PRINCIPLES.

15 Section 2(c)(2) of the Strategic and Critical Materials

16 Stock Piling Act (50 U.S.C. 98a(c)(2)) is amended to read

17 as follows:

18 ‘‘(2) The quantities of materials stockpiled under

19 this Act should be sufficient to meet the needs of the

20 United States during a period of a national emer21 gency that would necessitate an expansion of the

22 Armed Forces together with a significant mobilization

23 of the economy of the United States under planning

24 guidance issued by the Secretary of Defense.’’.
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1 SEC. 3312. PERIOD OF LIMITATION FOR CHANGING ANNUAL

2 MATERIALS PLAN.

3 Section 5(a)(2) of the Strategic and Critical Materials

4 Stock Piling Act (50 U.S.C. 98d(a)(2)) is amended—

5 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

6 (2) in subparagraph (A), as so designated, by

7 striking out the last sentence and inserting in lieu

8 thereof the following: ‘‘The President shall submit

9 such statement on a day when both Houses of Con10 gress are in session.’’; and

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

12 ‘‘(B) In the event of a war declared by Congress or

13 a national emergency declared by the President or Congress,

14 the President may carry out any change under subpara15 graph (A) (including any obligation or expenditure relating

16 to such change) before the expiration of the 30-day period

17 referred to in such subparagraph.’’.

18 SEC. 3313. ROTATION OF MATERIALS TO PREVENT TECHNO19 LOGICAL OBSOLESCENCE.

20 Section 6(a)(4) of the Strategic and Critical Materials

21 Stock Piling Act (50 U.S.C. 98e(a)(4)) is amended by in22 serting ‘‘or technological obsolescence’’ after ‘‘deterioration’’.

23 SEC. 3314. USES OF THE NATIONAL DEFENSE STOCKPILE

24 TRANSACTION FUND.

25 (a) ADDITIONAL USES.—Section 9(b)(2) of the Strate26 gic and Critical Materials Stock Piling Act (50 U.S.C.
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1 98h(b)(2)) is amended by adding at the end the following

2 new subparagraphs:

3 ‘‘(J) Pay of employees of the National Defense

4 Stockpile program.

5 ‘‘(K) Other expenses of the National Defense

6 Stockpile program.’’.

7 (b) CONFORMING AMENDMENT.—Section 9 of such Act

8 is amended by striking out paragraph (4).

9 SEC. 3315. NATIONAL EMERGENCY PLANNING ASSUMP10 TIONS FOR BIENNIAL REPORT ON STOCKPILE

11 REQUIREMENTS.

12 Section 14(b) of the Strategic and Critical Materials

13 Stock Piling Act (50 U.S.C. 98h–5(b)) is amended in the

14 first sentence by striking out ‘‘, based upon’’ and all that

15 follows through ‘‘three years.’’ and inserting in lieu thereof

16 a period and the following: ‘‘Such assumptions shall be

17 based on an assumed national emergency involving mili18 tary conflict that necessitates an expansion of the Armed

19 Forces together with a significant mobilization of the econ20 omy of the United States.’’.

21 SEC. 3316. REPEAL OF ADVISORY COMMITTEE REQUIRE22 MENT.

23 Section 3306 of the National Defense Authorization

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

25 2652; 50 U.S.C. 98h–1 note) is repealed.
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1 TITLE XXXIV—CIVIL DEFENSE

2 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

3 There is hereby authorized to be appropriated

4 $152,900,000 for fiscal year 1994 for the purpose of carry5 ing out the Federal Civil Defense Act of 1950 (50 U.S.C.

6 App. 2251 et seq.).

7 TITLE XXXV—PANAMA CANAL

8 COMMISSION

9 SEC. 3501. SHORT TITLE.

10 This title may be cited as the ‘‘Panama Canal Com11 mission Authorization Act for Fiscal Year 1994’’.

12 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

13 (a) IN GENERAL.—The Panama Canal Commission is

14 authorized to make such expenditures within the limits of

15 funds and borrowing authority available to it in accordance

16 with law, and to make such contracts and commitments

17 without regard to fiscal year limitations as may be nec18 essary under the Panama Canal Act of 1979 (22 U.S.C.

19 3601 et seq.) for the operation, maintenance, and improve20 ment of the Panama Canal for fiscal year 1994.

21 (b) LIMITATIONS.—Expenditures under subsection (a)

22 for administrative expenses may not exceed $51,742,000, of

23 which not more than—
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1 (1) $11,000 may be expended for official recep2 tion and representation expenses of the Panama

3 Canal Commission Board of Directors;

4 (2) $5,000 may be expended for official reception

5 and representation expenses of the Panama Canal

6 Commission Secretary; and

7 (3) $30,000 may be expended for official recep8 tion and representation expenses of the Panama

9 Canal Administrator.

10 (c) REPLACEMENT VEHICLES.—Available funds may

11 be used, under the authority of subsection (a), for the pur12 chase of not more than 35 passenger motor vehicles (includ13 ing large heavy-duty vehicles used to transport Commission

14 personnel across the Isthmus of Panama). A vehicle may

15 be purchased under the authority of the preceding sentence

16 only as necessary to replace a passenger motor vehicle of

17 the Commission that is disposed of by the Commission. The

18 purchase price of each vehicle may not exceed $18,000.

19 SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER

20 LAWS.

21 Expenditures authorized under this Act may be made

22 only in accordance with the Panama Canal Treaties of

23 1977 and any law of the United States implementing those

24 treaties.
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1 SEC. 3504. EMPLOYMENT OF COMMISSION EMPLOYEES BY

2 THE GOVERNMENT OF PANAMA.

3 (a) CONSENT OF CONGRESS.—Subject to subsection

4 (b), the Congress consents to employees of the Panama

5 Canal Commission who are not citizens of the United States

6 accepting civil employment with agencies and organiza7 tions affiliated with the Government of Panama (and com8 pensation for that employment) for which the consent of

9 Congress is required by the 8th clause of section 9 of article

10 I of the Constitution of the United States, relating to accept11 ance of emolument, office, or title from a foreign State.

12 (b) CONDITION.—Employees described in subsection

13 (a) may accept employment described in that subsection

14 (and compensation for that employment) only if the em15 ployment is approved by the designated agency ethics offi16 cial of the Panama Canal Commission designated pursuant

17 to the Ethics in Government Act of 1978, and by the Ad18 ministrator of the Panama Canal Commission.

19 SEC. 3505. LABOR-MANAGEMENT RELATIONS.

20 Section 1271(a) of the Panama Canal Act of 1979 (22

21 U.S.C. 3701(a)) is amended—

22 (1) in paragraph (1), by striking out ‘‘and’’

23 after the semicolon;

24 (2) in paragraph (2), by striking out ‘‘super25 visors.’’ and inserting in lieu thereof ‘‘supervisors;

26 and’’; and
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1 (3) by adding at the end the following:

2 ‘‘(3) any negotiated grievance procedures under

3 section 7121 of such title 5, including any provisions

4 relating to binding arbitration, shall, with respect to

5 any personnel action to which subchapter II of chap6 ter 75 of such title applies (as determined under sec7 tion 7512 of such title), be available, in accordance

8 with their terms, to the same extent and in the same

9 manner as if employees of the Panama Canal Com10 mission were not excluded from such subchapter

11 under section 7511(b)(8) of such title.’’.

12 SEC. 3506. EFFECTIVE DATE.

13 (a) IN GENERAL.—Except as provided in subsection

14 (b), this title shall take effect on October 1, 1993.

15 (b) SPECIAL RULE.—Paragraph (3) of section 1271(a)

16 of the Panama Canal Act of 1979 (22 U.S.C. 3701(a)), as

17 added by section 3505(3), shall take effect on the date of
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1 the enactment of this Act and shall apply with respect to

2 grievances arising on or after such date.

Amend the title so as to read: ‘‘To authorize appropriations for fiscal year 1994 for military activities of the

Department of Defense, for military construction, and for

defense programs of the Department of Energy, to prescribe personnel strengths for such fiscal year for the

Armed Forces, and for other purposes.’’.

Attest:

Secretary.
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