H. R. 2401
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To authorize appropriations for fiscal year 1994 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 1994’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Sec. 108. National Shipbuilding Initiative.
Sec. 109. Denial of multiyear procurement authorization.
Subtitle B—Army Programs
Sec. 111. Procurement of helicopters.
Sec. 112. Light utility helicopter modernization.
Sec. 113. Nuclear, biological, and chemical protective masks.
Sec. 114. Chemical agent monitoring program.
Sec. 115. Close Combat Tactical Trainer Quickstart program.
Subtitle C—Navy Programs
Sec. 121. Seawolf attack submarine program.
Sec. 122. Trident II (D–5) missile procurement.
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H. R. 2401—2
Sec. 123. Study of Trident missile submarine program.
Sec. 124. MK–48 ADCAP torpedo program.
Sec. 125. SSN acoustics master plan.
Sec. 126. Long-term lease or charter authority for certain double-hull tankers and
oceanographic vessels.
Sec. 127. Long-term lease or charter authority for certain Roll-On/Roll-Off vessels.
Sec. 128. F–14 aircraft upgrade program.
Subtitle D—Air Force Programs
Sec. 131. B–2 bomber aircraft program.
Sec. 132. B–1B bomber aircraft program.
Sec. 133. Full and prompt access by Comptroller General to information on heavy
bomber programs.
Sec. 134. C–17 aircraft program progress payments and reports.
Sec. 135. Live-fire survivability testing of the C–17 aircraft.
Sec. 136. Intertheater airlift program.
Sec. 137. Use of F–16 aircraft advance procurement funds for program termination
costs.
Sec. 138. Tactical signals intelligence aircraft.
Sec. 139. C–135 aircraft program.
Subtitle E—Other Matters
Sec. 151. ALQ–135 jammer device.
Sec. 152. Global Positioning System.
Sec. 153. Ring laser gyro navigation systems.
Sec. 154. Operational support aircraft.
Sec. 155. Administration of chemical demilitarization program.
Sec. 156. Chemical munitions disposal facilities, Tooele Army Depot, Utah.
Sec. 157. Authority to convey Los Alamos dry dock.
Sec. 158. Sales authority of certain working-capital funded industrial facilities of
the Army.
Sec. 159. Space-based missile warning and surveillance programs.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Strategic Environmental Research and Development Program.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Kinetic Energy Antisatellite Program.
Sec. 212. B–1B bomber program.
Sec. 213. Space launch modernization plan.
Sec. 214. Medical countermeasures against biowarfare threats.
Sec. 215. Federally funded research and development centers.
Sec. 216. Demonstration program for ballistic missile post-launch destruct mecha-
nism.
Sec. 217. High Performance Computing and Communication Initiative.
Sec. 218. Superconducting Magnetic Energy Storage (SMES) program.
Sec. 219. Advanced Self Protection Jammer (ASPJ) Program.
Sec. 220. Electronic combat systems testing.
Sec. 221. Limitation on flight tests of certain missiles.
Sec. 222. Joint Advanced Rocket System.
Sec. 223. Standoff Air-to-Surface munitions technology demonstration.
Sec. 224. Standard extremely high frequency waveform.
Sec. 225. Extension of prohibition on testing Mid-Infrared Advanced Chemical
Laser against an object in space.
Subtitle C—Missile Defense Programs
Sec. 231. Funding for ballistic missile defense programs for fiscal year 1994.
Sec. 232. Revisions to Missile Defense Act of 1991.
Sec. 233. Patriot Advanced Capability–3 theater missile defense system.
Sec. 234. Compliance of ballistic missile defense systems and components with
ABM Treaty.
Sec. 235. Theater missile defense master plan.
Sec. 236. Limited Defense System development plan.
Sec. 237. Theater and Limited Defense System testing.
Sec. 238. Arrow Tactical Anti-Missile program.
Sec. 239. Report on Arrow Tactical Anti-Missile program.
Sec. 240. Technical amendments to annual report requirement to reflect creation of
Ballistic Missile Defense Organization.
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H. R. 2401—3
Sec. 241. Clementine satellite program.
Sec. 242. Cooperation of United States allies on development of tactical and theater
missile defenses.
Sec. 243. Transfer of follow-on technology programs.
Subtitle D—Women’s Health Research
Sec. 251. Defense Women’s Health Research Center.
Sec. 252. Inclusion of women and minorities in clinical research projects.
Subtitle E—Other Matters
Sec. 261. Nuclear weapons effects testing by Department of Defense.
Sec. 262. One-year delay in transfer of management responsibility for Navy mine
countermeasures program to the Director, Defense Research and Engi-
neering.
Sec. 263. Termination, reestablishment, and reconstitution of an Advisory Council
on Semiconductor Technology.
Sec. 264. Navy large cavitation channel, Memphis, Tennessee.
Sec. 265. Strategic Environmental Research Council.
Sec. 266. Repeal of requirement for study by Office of Technology Assessment.
Sec. 267. Comprehensive independent study of national cryptography policy.
Sec. 268. Review of assignment of defense research and development categories.
Sec. 269. Authorized use for facility constructed with prior defense grant funds.
Sec. 270. Grant to support research on exposure to hazardous agents and materials
by military personnel who served in the Persian Gulf War.
Sec. 271. Research on exposure to depleted uranium by military personnel who
served in the Persian Gulf War.
Sec. 272. Sense of Congress on metalcasting and ceramic semiconductor package
industries.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. National Security Education Trust Fund obligations.
Sec. 305. Transfer from National Defense Stockpile Fund.
Sec. 306. Funds for clearing landmines.
Subtitle B—Limitations
Sec. 311. Prohibition on operation of Naval Air Station, Bermuda.
Sec. 312. Limitation on the use of appropriated funds for Department of Defense
golf courses.
Sec. 313. Prohibition on the use of certain cost comparison studies.
Sec. 314. Limitation on contracts with certain ship repair companies for ship
repair.
Sec. 315. Requirement of performance in the United States of certain reflagging or
repair work.
Sec. 316. Prohibition on joint civil aviation use of Selfridge Air National Guard
Base, Michigan.
Sec. 317. Location of certain prepositioning facilities.
Subtitle C—Defense Business Operations Fund
Sec. 331. Extension of authority for use of the Defense Business Operations Fund.
Sec. 332. Implementation of the Defense Business Operations Fund.
Sec. 333. Charges for goods and services provided through the Defense Business
Operations Fund.
Sec. 334. Limitation on obligations against the Defense Business Operations Fund.
Subtitle D—Depot-Level Activities
Sec. 341. Department of Defense depot task force.
Sec. 342. Limitation on consolidation of management of depot-level maintenance
workload.
Sec. 343. Continuation of certain percentage limitations on the performance of
depot-level maintenance.
Sec. 344. Sense of Congress on the performance of certain depot-level work by for-
eign contractors.
Sec. 345. Sense of Congress on the role of depot-level activities of the Department
of Defense.
Sec. 346. Contracts to perform workloads previously performed by depot-level
activities of the Department of Defense.
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H. R. 2401—4
Sec. 347. Authority to waive certain claims of the United States.
Subtitle E—Commissaries and Military Exchanges
Sec. 351. Prohibition on operation of commissary stores by active duty members of
the Armed Forces.
Sec. 352. Modernization of automated data processing capability of the Defense
Commissary Agency.
Sec. 353. Operation of Stars and Stripes bookstores overseas by the military
exchanges.
Sec. 354. Availability of funds for relocation expenses of the Navy Exchange Service
Command.
Subtitle F—Other Matters
Sec. 361. Emergency and extraordinary expense authority for the Inspector General
of the Department of Defense.
Sec. 362. Authority for civilian employees of the Army to act on reports of survey.
Sec. 363. Extension of guidelines for reductions in civilian positions.
Sec. 364. Authority to extend mailing privileges.
Sec. 365. Extension and modification of pilot program to use National Guard per-
sonnel in medically underserved communities.
Sec. 366. Amendments to the Armed Forces Retirement Home Act of 1991.
Sec. 367. Modification of restriction on repair of certain vessels the homeport of
which is planned for reassignment.
Sec. 368. Escorts and flags for civilian employees who die while serving in an
armed conflict with the Armed Forces.
Sec. 369. Maintenance and repair of Pacific battle monuments.
Sec. 370. One-year extension of certain programs.
Sec. 371. Ships’ stores.
Sec. 372. Promotion of civilian marksmanship.
Sec. 373. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employ-
ees.
Sec. 374. Budget information on Department of Defense recruiting expenditures.
Sec. 375. Revision of authorities on National Security Education Trust Fund.
Sec. 376. Annual assessment of force readiness.
Sec. 377. Reports on transfers of certain funds.
Sec. 378. Report on replacement sites for Army Reserve Facility in Marcus Hook,
Pennsylvania.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation of end strength limitations for Marine Corps majors
and lieutenant colonels.
Sec. 403. Army end strength.
Sec. 404. Report on end strengths necessary to meet levels assumed in Bottom Up
Review.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. Increase in number of members in certain grades authorized to be on
active duty in support of the Reserves.
Sec. 414. Force structure allowance for Army National Guard.
Sec. 415. Personnel level for Navy Craft of Opportunity (COOP) Program.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Active Components
Sec. 501. Years of service for eligibility for separation pay for regular officers invol-
untarily discharged.
Sec. 502. Expansion of eligibility for Voluntary Separation Incentive and Special
Separation Benefits programs.
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H. R. 2401—5
Sec. 503. Members eligibile for involuntary separation benefits.
Sec. 504. Temporary authority for involuntary separation of certain regular war-
rant officers.
Sec. 505. Determination of service for warrant officer retirement sanctuary.
Sec. 506. Officers ineligible for consideration by early retirement boards.
Sec. 507. Remedy for ineffective counseling of officers discharged following selection
by early discharge boards.
Sec. 508. Two-year extension of authority for temporary promotions of certain Navy
lieutenants.
Sec. 509. Award of constructive service credit for advanced education in a health
profession upon original appointment as an officer.
Sec. 510. Original appointment as regular officers of certain reserve officers in
health professions.
Subtitle B—Reserve Components
Sec. 511. Exception for health care providers to requirement for 12 weeks of basic
training before assignment outside United States.
Sec. 512. Number of full-time reserve personnel who may be assigned to ROTC
duty.
Sec. 513. Repeal of mandated reduction in Army Reserve component full-time man-
ning end strength.
Sec. 514. Two-year extension of certain reserve officer management authorities.
Sec. 515. Active component support for reserve training.
Sec. 516. Test program for Reserve Combat Maneuver Unit integration.
Sec. 517. Revisions to pilot program for active component support of the reserves.
Sec. 518. Educational assistance for graduate programs for members of the
Selected Reserve.
Sec. 519. Frequency of physical examinations of members of the Ready Reserve.
Sec. 520. Revision of certain deadlines under Army National Guard Combat Readi-
ness Reform Act.
Sec. 521. Annual report on implementation of Army National Guard Combat Readi-
ness Reform Act.
Sec. 522. FFRDC study of State and Federal missions of the National Guard.
Sec. 523. Consistency of treatment of National Guard technicians and other mem-
bers of the National Guard.
Sec. 524. National Guard management initiatives.
Subtitle C—Service Academies
Sec. 531. Congressional nominations.
Sec. 532. Technical amendment related to change in nature of commission of serv-
ice academy graduates.
Sec. 533. Management of civilian faculty at Military and Air Force Academies.
Sec. 534. Evaluation of requirement that officers and civilian faculty members
report violations of Naval Academy regulations.
Sec. 535. Prohibition of transfer of Naval Academy Preparatory School.
Sec. 536. Test program to evaluate use of private preparatory schools for service
academy preparatory school mission.
Subtitle D—Women in the Service
Sec. 541. Repeal of the statutory restriction on the assignment of women in the
Navy and Marine Corps.
Sec. 542. Notice to Congress of proposed changes in combat assignments to which
female members may be assigned.
Sec. 543. Gender-neutral occupational performance standards.
Subtitle E—Victims’ Rights and Family Advocacy
Sec. 551. Responsibilities of military law enforcement officials at scenes of domestic
violence.
Sec. 552. Improved procedures for notification of victims and witnesses of status of
prisoners in military correctional facilities.
Sec. 553. Study of stalking by persons subject to UCMJ.
Sec. 554. Transitional compensation for dependents of members of the Armed
Forces discharged for dependent abuse.
Sec. 555. Clarification of eligibility for benefits for dependent victims of abuse by
members of the Armed Forces pending loss of retired pay.
Subtitle F—Force Reduction Transition
Sec. 561. Extension through fiscal year 1999 of certain force draw-down transition
authorities relating to personnel management and benefits.
Sec. 562. Retention in an active status of enlisted Reserves with between 18 and
20 years of service.
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H. R. 2401—6
Sec. 563. Authority to order early Reserve retirees to active duty.
Sec. 564. Applicability to Coast Guard Reserve of certain reserve components tran-
sition initiatives.
Subtitle G—Other Matters
Sec. 571. Policy concerning homosexuality in the Armed Forces.
Sec. 572. Change in timing of required drug and alcohol testing and evaluation
of applicants for appointment as cadet or midshipman and for ROTC
graduates.
Sec. 573. Reimbursement requirements for advanced education assistance.
Sec. 574. Recognition by States of military powers of attorney.
Sec. 575. Foreign language proficiency test program.
Sec. 576. Clarification of punitive UCMJ article regarding drunken driving.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1994.
Sec. 602. Continuation of rate of basic pay applicable to certain members with over
24 years of service.
Sec. 603. Pay for students at service academy preparatory schools.
Sec. 604. Variable housing allowance for certain members who are required to pay
child support and who are assigned to sea duty.
Sec. 605. Evacuation advance pay.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of authority for bonuses and special pay for nurse officer can-
didates, registered nurses, and nurse anesthetists.
Sec. 612. Extension and modification of certain bonuses for reserve forces.
Sec. 613. Extension of authority relating to payment of other bonuses and special
pays.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Reimbursement of temporary lodging expenses.
Sec. 622. Payment of losses incurred or collection of gains realized due to fluctua-
tions in foreign currency in connection with housing members in private
housing abroad.
Subtitle D—Other Matters
Sec. 631. Revision of definition of dependents for purposes of allowances.
Sec. 632. Clarification of eligibility for tuition assistance.
Sec. 633. Sense of Congress regarding the provision of excess leave and permissive
temporary duty for members from outside the continental United
States.
Sec. 634. Special pay for certain disabled members.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Primary and preventive health care services for women.
Sec. 702. Revision of definition of dependents for purposes of health benefits.
Sec. 703. Authorization to expand enrollment in the dependents’ dental program to
certain members returning from overseas assignments.
Sec. 704. Authorization to apply section 1079 payment rules for the spouse and
children of a member who dies while on active duty.
Subtitle B—Changes to Existing Laws Regarding Health Care Management
Sec. 711. Codification of CHAMPUS Peer Review Organization program proce-
dures.
Sec. 712. Increased flexibility for personal service contracts in military medical
treatment facilities.
Sec. 713. Expansion of the program for the collection of health care costs from
third-party payers.
Sec. 714. Alternative resource allocation method for medical facilities of the uni-
formed services.
Sec. 715. Federal preemption regarding contracts for medical and dental care.
Sec. 716. Specialized treatment facility program authority and issuance of
nonavailability of health care statements.
Sec. 717. Delay of termination authority regarding status of certain facilities as
Uniformed Services Treatment Facilities.
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H. R. 2401—7
Sec. 718. Managed-care delivery and reimbursement model for the Uniformed Serv-
ices Treatment Facilities.
Sec. 719. Flexible deadline for continuation of CHAMPUS reform initiative in
Hawaii and California.
Sec. 720. Clarification of conditions on expansion of CHAMPUS reform initiative to
other locations.
Sec. 721. Report regarding demonstration programs for the sale of pharmaceuticals.
Subtitle C—Other Matters
Sec. 731. Use of health maintenance organization model as option for military
health care.
Sec. 732. Clarification of authority for graduate student program of the Uniformed
Services University of the Health Sciences.
Sec. 733. Authority for the Armed Forces Institute of Pathology to obtain additional
distinguished pathologists and scientists.
Sec. 734. Authorization for automated medical record capability to be included in
medical information system.
Sec. 735. Report on the provision of primary and preventive health care services for
women.
Sec. 736. Independent study of conduct of medical study by Arctic Aeromedical
Laboratory, Ladd Air Force Base, Alaska.
Sec. 737. Availability of report regarding the CHAMPUS chiropractic demonstra-
tion.
Sec. 738. Sense of Congress regarding the provision of adequate medical care to
covered beneficiaries under the military medical system.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Defense Technology and Industrial Base, Reinvestment, and
Conversion
Sec. 801. Industrial Preparedness Manufacturing Technology Program.
Sec. 802. University Research Initiative Support Program.
Sec. 803. Operating Committee of the Critical Technologies Institute.
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—Provisions to Revise and Consolidate Certain Defense
Acquisition Laws
Sec. 821. Repeal and amendment of obsolete, redundant, or otherwise unnecessary
laws applicable to Department of Defense generally.
Sec. 822. Extension to Department of Defense generally of certain acquisition laws
applicable to the Army and Air Force.
Sec. 823. Repeal of certain acquisition laws applicable to the Army and Air Force.
Sec. 824. Consolidation, repeal, and amendment of certain acquisition laws applica-
ble to the Navy.
Sec. 825. Additional authority to contract for fuel storage and management.
Sec. 826. Additional authority relating to the acquisition of petroleum and natural
gas.
Sec. 827. Amendment of research authorities.
Sec. 828. Technical and clerical amendments relating to acquisition laws.
Subtitle D—Defense Acquisition Pilot Programs
Sec. 831. Reference to Defense Acquisition Pilot Program.
Sec. 832. Defense Acquisition Pilot Program amendments.
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.
Subtitle E—Other Matters
Sec. 841. Reimbursement of indirect costs of institutions of higher education under
Department of Defense contracts.
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H. R. 2401—8
Sec. 842. Prohibition on award of certain Department of Defense and Department
of Energy contracts to entities controlled by a foreign government.
Sec. 843. Reports by defense contractors of dealings with terrorist countries.
Sec. 844. Department of Defense purchases through other agencies.
Sec. 845. Authority of the Advanced Research Projects Agency to carry out certain
prototype projects.
Sec. 846. Improvement of pricing policies for use of major range and test facility
installations of the military departments.
Sec. 847. Contract bundling.
Sec. 848. Prohibition on competition between Department of Defense and small
businesses for certain maintenance contracts.
Sec. 849. Buy American provisions.
Sec. 850. Clarification to Small Business Competitiveness Demonstration Program
Act.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense
Sec. 901. Enhanced position for Comptroller of Department of Defense.
Sec. 902. Additional responsibilities of the Comptroller.
Sec. 903. New position of Under Secretary of Defense for Personnel and Readiness.
Sec. 904. Redesignation of positions of Under Secretary and Deputy Under Sec-
retary of Defense for Acquisition.
Sec. 905. Assistant Secretary of Defense for Legislative Affairs.
Sec. 906. Further conforming amendments to chapter 4 of title 10, United States
Code.
Sec. 907. Director of Operational Test and Evaluation.
Subtitle B—Professional Military Education
Sec. 921. Congressional findings concerning professional military education schools.
Sec. 922. Authority for award by National Defense University of certain master of
science degrees.
Sec. 923. Authority to employ civilian faculty members at George C. Marshall Eu-
ropean Center for Security Studies.
Subtitle C—Joint Officer Personnel Policy
Sec. 931. Revision of Goldwater-Nichols requirement of service in a joint duty as-
signment before promotion to general or flag grade.
Sec. 932. Joint duty credit for certain duty performed during Operations Desert
Shield and Desert Storm.
Sec. 933. Flexibility for required post-education joint duty assignment.
Subtitle D—Other Matters
Sec. 941. Army Reserve Command.
Sec. 942. Flexibility in administering requirement for annual four percent reduc-
tion in number of personnel assigned to headquarters and headquarters
support activities.
Sec. 943. Report on Department of Defense Bottom Up Review.
Sec. 944. Repeal of termination of requirement for a Director of Expeditionary War-
fare in the Office of the Chief of Naval Operations.
Sec. 945. CINC Initiative Fund.
Subtitle E—Commission on Roles and Missions of the Armed Forces
Sec. 951. Findings.
Sec. 952. Establishment of Commission.
Sec. 953. Duties of Commission.
Sec. 954. Reports.
Sec. 955. Powers.
Sec. 956. Commission procedures.
Sec. 957. Personnel matters.
Sec. 958. Miscellaneous administrative provisions.
Sec. 959. Payment of Commission expenses.
Sec. 960. Termination of the Commission.
TITLE X—ENVIRONMENTAL PROVISIONS
Sec. 1001. Annual environmental reports.
Sec. 1002. Indemnification of transferees of closing defense property for releases of
petroleum and petroleum derivatives.
Sec. 1003. Shipboard plastic and solid waste control.
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H. R. 2401—9
Sec. 1004. Extension of applicability period for reimbursement for certain liabilities
arising under hazardous waste contracts.
Sec. 1005. Prohibition on the purchase of surety bonds and other guaranties for the
Department of Defense.
TITLE XI—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1101. Transfer authority.
Sec. 1102. Clarification of scope of authorizations.
Sec. 1103. Incorporation of classified annex.
Sec. 1104. Revision of date for submittal of joint report on scoring of budget out-
lays.
Sec. 1105. Comptroller General audits of acceptance by Department of Defense of
property, services, and contributions.
Sec. 1106. Limitation on transferring defense funds to other departments and agen-
cies.
Sec. 1107. Sense of Congress concerning defense budget process.
Sec. 1108. Funding structure for contingency operations.
Subtitle B—Fiscal Year 1993 Authorization Matters
Sec. 1111. Authority for obligation of certain unauthorized fiscal year 1993 defense
appropriations.
Sec. 1112. Obligation of certain appropriations.
Sec. 1113. Supplemental authorization of appropriations for fiscal year 1993.
Subtitle C—Counter-Drug Activities
Sec. 1121. Department of Defense support for counter-drug activities of other
agencies.
Sec. 1122. Requirement to establish procedures for State and local governments to
buy law enforcement equipment suitable for counter-drug activities
through the Department of Defense.
Subtitle D—Matters Relating to Reserve Components
Sec. 1131. Review of Air Force plans to transfer heavy bombers to reserve compo-
nents units.
Subtitle E—Awards and Decorations
Sec. 1141. Award of purple heart to members killed or wounded in action by friend-
ly fire.
Sec. 1142. Sense of Congress relating to award of the Navy Expeditionary Medal
to Navy members supporting Doolittle Raid on Tokyo.
Sec. 1143. Award of gold star lapel buttons to survivors of service members killed
by terrorist acts.
Subtitle F—Recordkeeping and Reporting Requirements
Sec. 1151. Termination of Department of Defense reporting requirements deter-
mined by Secretary of Defense to be unnecessary or incompatible with
efficient management of the Department of Defense.
Sec. 1152. Reports relating to certain special access programs and similar
programs.
Sec. 1153. Identification of service in Vietnam in the computerized index of the Na-
tional Personnel Records Center.
Sec. 1154. Report on personnel requirements for control of transfer of certain
weapons.
Sec. 1155. Report on food supply and distribution practices of the Department of
Defense.
Subtitle G—Congressional Findings, Policies, Commendations, and
Commemorations
Sec. 1161. Sense of Congress regarding justification for continuing the Extremely
Low Frequency (ELF) communication system.
Sec. 1162. Sense of Congress regarding the importance of naval oceanographic sur-
vey and research in the post-cold war period.
Sec. 1163. Sense of Congress regarding United States policy on plutonium.
Sec. 1164. Sense of Senate on entry into the United States of certain former mem-
bers of the Iraqi armed forces.
Sec. 1165. U.S.S. Indianapolis Memorial, Indianapolis, Indiana.
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H. R. 2401—10
Subtitle H—Other Matters
Sec. 1171. Procedures for handling war booty.
Sec. 1172. Basing for C–130 aircraft.
Sec. 1173. Transportation of cargoes by water.
Sec. 1174. Modification of authority to conduct National Guard Civilian Youth Op-
portunities Program.
Sec. 1175. Effective date for changes in Servicemen’s Group Life Insurance
Program.
Sec. 1176. Eligibility of former prisoners of war for burial in Arlington National
Cemetery.
Sec. 1177. Redesignation of Hanford Arid Lands Ecology Reserve.
Sec. 1178. Aviation Leadership Program.
Sec. 1179. Administrative improvements in the Goldwater Scholarship and Excel-
lence in Education Program.
Sec. 1180. Transfer of obsolete destroyer tender Yosemite.
Sec. 1181. Transfer of obsolete heavy cruiser U.S.S. Salem.
Sec. 1182. Technical and clerical amendments.
Sec. 1183. Security clearances for civilian employees.
Sec. 1184. Videotaping of investigative interviews.
Sec. 1185. Investigations of deaths of members of the Armed Forces from self-in-
flicted causes.
Sec. 1186. Export loan guarantees.
TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF
FORMER SOVIET UNION
Sec. 1201. Short title.
Sec. 1202. Findings on cooperative threat reduction.
Sec. 1203. Authority for programs to facilitate cooperative threat reduction.
Sec. 1204. Demilitarization Enterprise Fund.
Sec. 1205. Funding for fiscal year 1994.
Sec. 1206. Prior notice to Congress of obligation of funds.
Sec. 1207. Semiannual report.
Sec. 1208. Appropriate congressional committees defined.
Sec. 1209. Authorization for additional fiscal year 1993 assistance to the independ-
ent states of the former Soviet Union.
TITLE XIII—DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE
Sec. 1301. Short title.
Sec. 1302. Funding of defense conversion, reinvestment, and transition assistance
programs for fiscal year 1994.
Sec. 1303. Reports on defense conversion, reinvestment, and transition assistance
programs.
Subtitle A—Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
Sec. 1311. Funding of defense dual-use partnerships program for fiscal year 1994.
Sec. 1312. Defense technology and industrial base, reinvestment, and conversion
planning.
Sec. 1313. Congressional defense policy concerning defense technology and indus-
trial base, reinvestment, and conversion.
Sec. 1314. Expansion of businesses eligible for loan guarantees under the defense
dual-use assistance extension program.
Sec. 1315. Consistency in financial commitment requirements of non-Federal Gov-
ernment participants in technology reinvestment projects.
Sec. 1316. Additional criteria for the selection of regional technology alliances.
Sec. 1317. Conditions on funding of defense technology reinvestment projects.
Subtitle B—Community Adjustment and Assistance Programs
Sec. 1321. Adjustment and diversification assistance for States and local govern-
ments from the Office of Economic Adjustment.
Sec. 1322. Assistance for communities adversely affected by catastrophic or mul-
tiple base closures or realignments.
Sec. 1323. Continuation of pilot project to improve economic adjustment planning.
Subtitle C—Personnel Adjustment, Education, and Training Programs
Sec. 1331. Continuation of teacher and teacher’s aide placement programs.
Sec. 1332. Programs to place separated members in employment positions with law
enforcement agencies and health care providers.
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H. R. 2401—11
Sec. 1333. Grants to institutions of higher education to provide education and
training in environmental restoration to dislocated defense workers
and young adults.
Sec. 1334. Environmental education opportunities program.
Sec. 1335. Training and employment of Department of Defense employees to carry
out environmental restoration at military installations to be closed.
Sec. 1336. Revision to improvements to employment and training assistance for dis-
located workers.
Sec. 1337. Demonstration program for the training of recently discharged veterans
for employment in construction and in hazardous waste remediation.
Sec. 1338. Service members occupational conversion and training.
Sec. 1339. Amendments to defense diversification program under Job Training
Partnership Act.
Subtitle D—National Shipbuilding Initiative
Sec. 1351. Short title.
Sec. 1352. National Shipbuilding Initiative.
Sec. 1353. Department of Defense program management through Advanced Re-
search Projects Agency.
Sec. 1354. Advanced Research Projects Agency functions and minimum financial
commitment of non-Federal Government participants.
Sec. 1355. Authority for Secretary of Transportation to make loan guarantees.
Sec. 1356. Loan guarantees for export vessels.
Sec. 1357. Loan guarantees for shipyard modernization and improvement.
Sec. 1358. Eligible shipyards.
Sec. 1359. Funding for certain loan guarantee commitments for fiscal year 1994.
Sec. 1360. Court sale to enforce preferred mortgage liens for export vessels.
Sec. 1361. Authorizations of appropriations.
Sec. 1362. Regulations.
Sec. 1363. Shipyard conversion and reuse studies.
Subtitle E—Other Matters
Sec. 1371. Encouragement of the purchase or lease of vehicles producing zero or
very low exhaust emissions.
Sec. 1372. Revision to requirements for notice to contractors upon pending or ac-
tual termination of defense programs.
Sec. 1373. Regional retraining services clearinghouses.
Sec. 1374. Use of naval installations to provide employment training to nonviolent
offenders in State penal systems.
TITLE XIV—MATTERS RELATING TO ALLIES AND OTHER NATIONS
Subtitle A—Defense Burden Sharing
Sec. 1401. Defense burdens and responsibilities.
Sec. 1402. Burden sharing contributions from designated countries and regional or-
ganizations.
Subtitle B—North Atlantic Treaty Organization
Sec. 1411. Findings, sense of Congress, and report requirement concerning North
Atlantic Treaty Organization.
Sec. 1412. Modification of certain report requirements.
Sec. 1413. Permanent authority to carry out AWACS memoranda of understanding.
Subtitle C—Export of Defense Articles
Sec. 1421. Extension of authority for certain foreign governments to receive excess
defense articles.
Sec. 1422. Report on effect of increased use of dual-use technologies on ability to
control exports.
Sec. 1423. Extension of landmine export moratorium.
Subtitle D—Other Matters
Sec. 1431. Codification of provision relating to Overseas Workload Program.
Sec. 1432. American diplomatic facilities in Germany.
Sec. 1433. Consent of Congress to service by retired members in military forces of
newly democratic nations.
Sec. 1434. Semiannual report on efforts to seek compensation from Government of
Peru for death and wounding of certain United States servicemen.
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H. R. 2401—12
TITLE XV—INTERNATIONAL PEACEKEEPING AND HUMANITARIAN
ACTIVITIES
Subtitle A—Assistance Activities
Sec. 1501. General authorization of support for international peacekeeping activi-
ties.
Sec. 1502. Report on multinational peacekeeping and peace enforcement.
Sec. 1503. Military-to-military contact.
Sec. 1504. Humanitarian and civic assistance.
Subtitle B—Policies Regarding Specific Countries
Sec. 1511. Sanctions against Serbia and Montenegro.
Sec. 1512. Involvement of Armed Forces in Somalia.
TITLE XVI—ARMS CONTROL MATTERS
Subtitle A—Programs in Support of the Prevention and Control of
Proliferation of Weapons of Mass Destruction
Sec. 1601. Study of global proliferation of strategic and advanced conventional mili-
tary weapons and related equipment and technology.
Sec. 1602. Extension of existing authorities.
Sec. 1603. Studies relating to United States counterproliferation policy.
Sec. 1604. Sense of Congress regarding United States capabilities to prevent and
counter weapons proliferation.
Sec. 1605. Joint Committee for Review of Proliferation Programs of the United
States.
Sec. 1606. Report on nonproliferation and counterproliferation activities and
programs.
Sec. 1607. Definitions.
Subtitle B—International Nonproliferation Activities
Sec. 1611. Nuclear nonproliferation.
Sec. 1612. Condition on assistance to Russia for construction of plutonium storage
facility.
Sec. 1613. North Korea and the Treaty on the Non-Proliferation of Nuclear
Weapons.
Sec. 1614. Sense of Congress relating to the proliferation of space launch vehicle
technologies.
TITLE XVII—CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
Sec. 1701. Conduct of the chemical and biological defense program.
Sec. 1702. Consolidation of chemical and biological defense training activities.
Sec. 1703. Annual report on chemical and biological warfare defense.
Sec. 1704. Sense of Congress concerning Federal emergency planning for response
to terrorist threats.
Sec. 1705. Agreements to provide support to vaccination programs of Department
of Health and Human Services.
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.
Sec. 2106. Construction of chemical munitions disposal facilities.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
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.
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H. R. 2401—13
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 Air Force activities from Sierra Army Depot, California, to
Beale Air Force Base, California.
Sec. 2307. Combat arms training and maintenance facility relocation from Wheeler
Air Force Base, Hawaii, to United States Army Schofield Barracks
Open Range, Hawaii.
Sec. 2308. Authority to transfer funds as part of the improvement of Dysart Chan-
nel, Luke Air Force Base, Arizona.
Sec. 2309. Authority to transfer funds for school construction for Lackland Air
Force Base, Texas.
Sec. 2310. Transfer of funds for construction of family housing, Scott Air Force
Base, Illinois.
Sec. 2311. 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.
Sec. 2603. United States Army Reserve Command headquarters facility.
Sec. 2604. Limitation on total cost of construction projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Military family housing leasing programs.
Sec. 2802. Sale of electricity from alternate energy and cogeneration production
facilities.
Sec. 2803. Authority for military departments to participate in water conservation
programs.
Sec. 2804. Clarification of energy conservation measures for the Department of
Defense.
Sec. 2805. Authority to acquire existing facilities in lieu of carrying out construc-
tion authorized by law.
Sec. 2806. Clarification of participation in Department of State housing pools.
Sec. 2807. Extension of authority to lease real property for special operations
activities.
Subtitle B—Land Transactions Generally
Sec. 2811. Land conveyance, Broward County, Florida.
Sec. 2812. Land conveyance, Naval Air Station Oceana, Virginia.
Sec. 2813. Land conveyance, Craney Island Fuel Depot, Naval Supply Center,
Virginia.
Sec. 2814. Land conveyance, Portsmouth, Virginia.
Sec. 2815. Land conveyance, Iowa Army Ammunition Plant, Iowa.
Sec. 2816. Land conveyance, Radar Bomb Scoring Site, Conrad, Montana.
Sec. 2817. Land conveyance, Charleston, South Carolina.
Sec. 2818. Land conveyance, Fort Missoula, Montana.
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H. R. 2401—14
Sec. 2819. Land acquisition, Navy Large Cavitation Channel, Memphis, Tennessee.
Sec. 2820. Release of reversionary interest, Old Spanish Trail Armory, Harris
County, Texas.
Sec. 2821. Grant of easement, West Loch Branch, Naval Magazine Lualualei,
Hawaii.
Sec. 2822. Review of proposed land exchange, Fort Sheridan, Illinois, and Arlington
County, Virginia.
Subtitle C—Changes to Existing Land Transaction Authority
Sec. 2831. Modification of land conveyance, New London, Connecticut.
Sec. 2832. Modification of termination of lease and sale of facilities, Naval Reserve
Center, Atlanta, Georgia.
Sec. 2833. Modification of lease authority, Naval Supply Center, Oakland,
California.
Sec. 2834. Expansion of land transaction authority involving Hunters Point Naval
Shipyard, San Francisco, California.
Subtitle D—Land Transactions Involving Utilities
Sec. 2841. Conveyance of natural gas distribution system, Fort Belvoir, Virginia.
Sec. 2842. Conveyance of water distribution system, Fort Lee, Virginia.
Sec. 2843. Conveyance of waste water treatment facility, Fort Pickett, Virginia.
Sec. 2844. Conveyance of water distribution system and reservoir, Stewart Army
Subpost, New York.
Sec. 2845. Conveyance of electric power distribution system, Naval Air Station, Al-
ameda, California.
Sec. 2846. Conveyance of electricity distribution system, Fort Dix, New Jersey.
Sec. 2847. Lease and joint use of certain real property, Marine Corps Base, Camp
Pendleton, California.
Subtitle E—Other Matters
Sec. 2851. Conveyance of real property at missile sites to adjacent landowners.
Sec. 2852. Prohibition on use of funds for planning and design of Department of
Defense vaccine production facility.
Sec. 2853. Grant relating to elementary school for dependents of Department of De-
fense personnel, Fort Belvoir, Virginia.
Sec. 2854. Allotment of space in Federal buildings to credit unions.
Sec. 2855. Flood control project for Coyote and Berryessa Creeks, California.
Sec. 2856. Restrictions on land transactions relating to the Presidio of San Fran-
cisco, California.
TITLE XXIX—DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A—Base Closure Community Assistance
Sec. 2901. Findings.
Sec. 2902. Prohibition on transfer of certain property located at military installa-
tions to be closed.
Sec. 2903. Authority to transfer property at closed installations to affected commu-
nities and States.
Sec. 2904. Expedited determination of transferability of excess property of installa-
tions to be closed.
Sec. 2905. Availability of property for assisting the homeless.
Sec. 2906. Authority to lease certain property at installations to be closed.
Sec. 2907. Authority to contract for certain services at installations being closed.
Sec. 2908. Authority to transfer property at military installations to be closed to
persons paying the cost of environmental restoration activities on the
property.
Sec. 2909. Sense of Congress on availability of surplus military equipment.
Sec. 2910. Identification of uncontaminated property at installations to be closed.
Sec. 2911. Compliance with certain environmental requirements relating to closure
of installations.
Sec. 2912. Preference for local and small businesses.
Sec. 2913. Consideration of applications of affected States and communities for
assistance.
Sec. 2914. Clarification of utilization of funds for community economic adjustment
assistance.
Sec. 2915. Transition coordinators for assistance to communities affected by the clo-
sure of installations.
Sec. 2916. Sense of Congress on seminars on reuse or redevelopment of property at
installations to be closed.
Sec. 2917. Feasibility study on assisting local communities affected by the closure
or realignment of military installations.
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H. R. 2401—15
Sec. 2918. Definitions.
Subtitle B—Other Matters
Sec. 2921. Base closure account management flexibility.
Sec. 2922. Limitation on expenditure of funds from the Defense Base Closure Ac-
count 1990 for military construction in support of transfers of func-
tions.
Sec. 2923. Modification of requirement for reports on activities under the Defense
Base Closure Account 1990.
Sec. 2924. Residual value of overseas installations being closed.
Sec. 2925. Sense of Congress on development of base closure criteria.
Sec. 2926. Information relating to recommendations for the closure or realignment
of military installations.
Sec. 2927. Public purpose extensions.
Sec. 2928. Expansion of conveyance authority regarding financial facilities on
closed military installations to include all depository institutions.
Sec. 2929. Electric power allocation and economic development at certain military
installations to be closed in the State of California.
Sec. 2930. Testimony before Defense Base Closure and Realignment Commission.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
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—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Defense inertial confinement fusion program.
Sec. 3132. Payment of penalty assessed against Hanford project.
Sec. 3133. Water management programs.
Sec. 3134. Technology transfer.
Sec. 3135. Technology transfer and economic development activities for commu-
nities surrounding Savannah River Site.
Sec. 3136. Prohibition on research and development of low-yield nuclear weapons.
Sec. 3137. Testing of nuclear weapons.
Sec. 3138. Stockpile stewardship program.
Sec. 3139. National security programs.
Sec. 3140. Expended core facility dry cell.
Sec. 3141. Scholarship and fellowship program for environmental restoration and
waste management.
Sec. 3142. Hazardous materials management and hazardous materials emergency
response training program.
Sec. 3143. Worker health and protection.
Sec. 3144. Verification and control technology.
Sec. 3145. Tritium production requirements.
Subtitle D—Other Matters
Sec. 3151. Limitations on the receipt and storage of spent nuclear fuel from foreign
research reactors.
Sec. 3152. Extension of review of waste isolation pilot plant in New Mexico.
Sec. 3153. Baseline environmental management reports.
Sec. 3154. Lease of property at Department of Energy weapon production facilities.
Sec. 3155. Authority to transfer certain Department of Energy property.
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H. R. 2401—16
Sec. 3156. Improved congressional oversight of Department of Energy special
access programs.
Sec. 3157. Reauthorization and expansion of authority to loan personnel and facili-
ties.
Sec. 3158. Modification of payment provision.
Sec. 3159. Contract goal for small disadvantaged businesses and certain institu-
tions of higher education.
Sec. 3160. Amendments to Stevenson-Wydler Technology Innovation Act of 1980.
Sec. 3161. Conflict of interest provisions for Department of Energy employees.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Requirement for transmittal to Congress of certain information prepared
by Defense Nuclear Facilities 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. Authorized uses of stockpile funds.
Sec. 3303. Revision of authority to dispose of certain materials authorized for dis-
posal in fiscal year 1993.
Sec. 3304. Conversion of chromium ore to high purity chromium metal.
Subtitle B—Programmatic Changes
Sec. 3311. Stockpiling principles.
Sec. 3312. Modification of notice and wait requirements for deviations from annual
materials plan.
Sec. 3313. Additional authorized uses of the National Defense Stockpile Trans-
action Fund.
Sec. 3314. National emergency planning assumptions for biennial report on stock-
pile requirements.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Modernization of the civil defense system.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Sec. 3504. Employment of commission employees by the Government of Panama.
Sec. 3505. Labor-management relations.
Sec. 3506. Effective date.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional defense
committees’’ means the Committees on Armed Services and the
Committees on Appropriations of the Senate and House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
1994 for procurement for the Army as follows:
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H. R. 2401—17
(1) For aircraft, $1,338,351,000.
(2) For missiles, $1,081,515,000.
(3) For weapons and tracked combat vehicles, $886,717,000.
(4) For ammunition, $619,668,000.
(5) For other procurement, $2,992,077,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 1994 for procurement for the Navy as follows:
(1) For aircraft, $5,793,157,000.
(2) For weapons, including missiles and torpedoes,
$2,986,965,000.
(3) For shipbuilding and conversion, $4,265,102,000.
(4) For other procurement, $2,953,605,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1994 for procurement for the Marine Corps
in the amount of $483,621,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
1994 for procurement for the Air Force as follows:
(1) For aircraft, $7,013,938,000.
(2) For missiles, $3,582,743,000.
(3) For other procurement, $7,524,608,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
1994 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$3,050,748,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year
1994 for procurement for the Inspector General of the Department
of Defense in the amount of $800,000.
SEC. 106. RESERVE COMPONENTS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 1994 for procurement
of aircraft, vehicles, communications equipment, and other equip-
ment for the reserve components of the Armed Forces as follows:
(1) For the Army National Guard, $210,000,000.
(2) For the Air National Guard, $260,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $60,000,000.
(5) For the Air Force Reserve, $250,000,000.
(6) For the Marine Corps Reserve, $35,000,000.
(7) 
For 
reserve 
components 
simulation 
equipment,
$75,000,000.
(8) For National Guard aircraft replacement and mod-
ernization, $50,000,000.
(b) MULTIPLE-LAUNCH ROCKET SYSTEM.—Of the total number
of Multiple-Launch Rocket System units acquired with funds appro-
priated pursuant to the authorization of appropriations in section
101 for the Army, the Secretary of the Army shall ensure that
one battalion set shall be authorized for and made available to
the Army National Guard.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) AUTHORIZATION.—There is hereby authorized to be appro-
priated for fiscal year 1994 the amount of $379,561,000 for—
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H. R. 2401—18
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such
Act.
(b) LIMITATION.—Of the funds specified in subsection (a)—
(1) $280,361,000 is for operations and maintenance;
(2) $72,600,000 is for procurement; and
(3) $26,600,000 is for research and development efforts
in support of the nonstockpile chemical weapons program.
(c) CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY.—
Subsection (c)(3) of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), is amended by striking
out ‘‘and approving’’ in the third sentence and inserting in lieu
thereof ‘‘, approving, and overseeing’’.
SEC. 108. NATIONAL SHIPBUILDING INITIATIVE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 1994 for the National
Shipbuilding Initiative under subtitle D of title XIII in the amount
of $147,000,000.
(b) AVAILABILITY FOR OBLIGATION.—Funds appropriated pursu-
ant to subsection (a) shall not be available for obligation for loan
guarantees after September 30, 1997.
SEC. 109. DENIAL OF MULTIYEAR PROCUREMENT AUTHORIZATION.
The Secretary of the Navy may not enter into a multiyear
procurement contract under section 2306(h) of title 10, United
States Code, for the F/A–18C/D aircraft program.
Subtitle B—Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
(a) AH–64 APACHE
AIRCRAFT.—The prohibition in section
132(a)(2) of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101–189; 103 Stat. 1382) does not
apply to the obligation of funds in amounts not to exceed
$150,000,000 for the procurement of not more than 10 AH–64
aircraft from funds appropriated for fiscal year 1994 pursuant to
section 101.
(b) OH–58D AHIP AIRCRAFT.—The prohibition in section
133(a)(2) of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101–189; 103 Stat. 1383) does not
apply to the obligation of funds in amounts not to exceed
$112,500,000 for the procurement of not more than 18 OH–58D
AHIP Scout aircraft from funds appropriated for fiscal year 1994
pursuant to section 101.
SEC. 112. LIGHT UTILITY HELICOPTER MODERNIZATION.
(a) PROGRAM STUDY.—The Secretary of the Army, in coordina-
tion with the Chief of the National Guard Bureau, shall conduct
a thorough study of the requirements of the Army for light utility
helicopter modernization. The study shall include considerations
of life-cycle costs, capability requirements, and, if acquisition of
new light helicopters is determined to be needed, an appropriate
acquisition strategy, including full and open competition.
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H. R. 2401—19
(b) REQUIREMENT
FOR USE
OF COMPETITIVE PROCEDURES.—
Funds may not be obligated for a light utility helicopter moderniza-
tion program for a contractor selected through the use of acquisition
procedures other than competitive procedures.
(c) LIMITATION ON OBLIGATIONS.—No funds may be obligated
for such a program until 30 days after the date on which the
Secretary of Defense submits to the congressional defense commit-
tees a report setting forth the recommendations of the Secretary
for a light helicopter modernization program for the Army based
upon the Secretary’s review of the results of the study under sub-
section (a).
SEC. 113. NUCLEAR, BIOLOGICAL, AND CHEMICAL PROTECTIVE MASKS.
Of the unobligated balance of the funds appropriated for the
Army for fiscal year 1993 for other procurement, $9,300,000 shall
be available, to the extent provided in appropriations Acts, for
procurement of M40/M42 nuclear, biological, and chemical protec-
tive masks.
SEC. 114. CHEMICAL AGENT MONITORING PROGRAM.
Funds appropriated for the Army for fiscal year 1993 for other
procurement may not be obligated after the date of the enactment
of this Act for the Improved Chemical Agent Monitor (ICAM) pro-
gram.
SEC. 115. CLOSE COMBAT TACTICAL TRAINER QUICKSTART PROGRAM.
Funds authorized to be appropriated for the Army for procure-
ment for fiscal year 1994 by section 101 may be used for long
lead procurement of component hardware items to accelerate the
Close Combat Tactical Trainer Quickstart program.
Subtitle C—Navy Programs
SEC. 121. SEAWOLF ATTACK SUBMARINE PROGRAM.
(a) LIMITATION ON USE OF CERTAIN FUNDS.—Except as provided
in subsection (c), none of the funds described in subsection (b)
may be obligated for Seawolf-class attack submarines other than
for long-lead components for the vessel designated as SSN–23.
(b) FUNDS SUBJECT TO LIMITATION.—Subsection (a) applies to
any unobligated funds remaining on the date of the enactment
of this Act from the amount of $540,200,000 originally appropriated
for fiscal year 1992 for the Seawolf-class attack submarine program
and made available under Public Law 102–298 for the purposes
of preserving the industrial base for submarine construction (as
specified at page 27 of the report of the committee of conference
to accompany the conference report on H.R. 4990 of the 102d
Congress (House Report 102–530)).
(c) EXCEPTION.—Subsection (a) does not prohibit the obligation
of funds for settlement of claims arising from the termination
for the convenience of the Government during fiscal year 1992
of contracts for Seawolf-class submarines or components of Seawolf-
class submarines.
SEC. 122. TRIDENT II (D–5) MISSILE PROCUREMENT.
(a) PRODUCTION.—Of amounts appropriated pursuant to section
102 for procurement of weapons (including missiles and torpedoes)
for the Navy for fiscal year 1994—
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H. R. 2401—20
(1) not more than $983,345,000 may be obligated for
procurement of Trident II (D–5) missiles; and
(2) not more than $145,251,000 may be obligated for
advance procurement for production of D–5 missiles for a fiscal
year after fiscal year 1994.
(b) OPTIONS FOR ACHIEVING SLBM WARHEAD LIMITATIONS.—
Not later than April 1, 1994, the Secretary of Defense shall submit
to Congress a report on options available for achieving the limita-
tions on submarine-launched ballistic missile (SLBM) warheads
imposed by the START II treaty at significantly reduced costs
from the costs planned for fiscal year 1994. The report shall include
an examination of the implications for those options of further
reductions in the number of such warheads under further strategic
arms reduction treaties.
SEC. 123. STUDY OF TRIDENT MISSILE SUBMARINE PROGRAM.
The Secretary of Defense shall submit to the congressional
defense committees, not later than April 1, 1994, a report comparing
(1) modifying Trident I submarines to enable those submarines
to be deployed with D–5 missiles, with (2) retaining the Trident
I (C–4) missile on the Trident I submarine. In preparing the report,
the Secretary shall include considerations of cost effectiveness, force
structure requirements, and future strategic flexibility of the Tri-
dent I and Trident II submarine programs.
SEC. 124. MK–48 ADCAP TORPEDO PROGRAM.
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate
the MK–48 ADCAP torpedo program in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated
or otherwise made available to the Department of Defense pursuant
to this or any other Act may not be obligated for the procurement
of MK–48 ADCAP torpedoes.
(b) EXCEPTIONS.—(1) The prohibition in subsection (a)(2) does
not apply to—
(A) the modification of, or the acquisition of, spare or repair
parts for MK–48 ADCAP torpedoes described in paragraph
(2);
(B) completion of the procurement of MK–48 ADCAP tor-
pedoes described in paragraph (2)(B); and
(C) the obligation of not more than $100,125,000 from
funds made available pursuant to section 102(a) for the procure-
ment of 108 MK–48 ADCAP torpedoes and for payment of
costs necessary to terminate the MK–48 ADCAP procurement
program.
(2) The MK–48 ADCAP torpedoes referred to in paragraph
(1)(A) are—
(A) MK–48 ADCAP torpedoes acquired by the Navy on
or before the date of the enactment of this Act;
(B) MK–48 ADCAP torpedoes for which funds, other than
funds for the procurement of long lead items and other advance
procurement, were obligated before the date of the enactment
of this Act and which are delivered to the Navy on or after
that date; and
(C) 108 MK–48 ADCAP torpedoes for which funds are
available in accordance with paragraph (1)(C).
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H. R. 2401—21
SEC. 125. SSN ACOUSTICS MASTER PLAN.
(a) MASTER PLAN.—The funds described in subsection (b) may
not be obligated until the Secretary of the Navy submits to the
congressional defense committees a submarine acoustics master
plan. The master plan shall include—
(1) current requirements for submarine acoustic sensors
and combat systems based on existing and future evolving
missions and environment considerations;
(2) a catalogue of existing and future sensors, technologies,
and programs and a description of their shortcomings relative
to current requirements;
(3) technology application, program plans, and costs for
remedying shortcomings in submarine acoustic sensors and
combat systems identified under paragraph (2); and
(4) a statement of the specific purposes for which the Navy
intends to obligate the funds described in subsection (b).
(b) FUNDS SUBJECT TO LIMITATION.—Subsection (a) applies to
$13,000,000 of the amount appropriated pursuant to section 102
for other procurement for the Navy that is available for submarine
acoustics.
SEC. 126. LONG-TERM LEASE OR CHARTER AUTHORITY FOR CERTAIN
DOUBLE-HULL TANKERS AND OCEANOGRAPHIC VESSELS.
(a) AUTHORITY.—The Secretary of the Navy may enter into
a long-term lease or charter for any double-hull tanker or oceano-
graphic vessel constructed in a United States shipyard after the
date of the enactment of this Act using assistance provided under
the National Shipbuilding Initiative.
(b) CONDITIONS
ON OBLIGATION
OF FUNDS.—Unless budget
authority is specifically provided in an appropriations Act for the
lease or charter of vessels pursuant to subsection (a), the Secretary
may not enter into a contract for a lease or charter pursuant
to that subsection unless the contract includes the following provi-
sions:
(1) A statement that the obligation of the United States
to make payments under the contract in any fiscal year is
subject to appropriations being provided specifically for that
fiscal year and specifically for that lease or charter or that
kind of vessel lease or charter.
(2) A commitment to obligate the necessary amount for
each fiscal year covered by the contract when and to the extent
that funds are appropriated for that lease or charter, or that
kind of lease or charter, for that fiscal year.
(3) A statement that such a commitment given under para-
graph (2) does not constitute an obligation of the United States.
(c) INAPPLICABILITY OF CERTAIN LAWS.—A long-term lease or
charter authorized by subsection (a) may be entered into without
regard to the provisions of section 2401 of title 10, United States
Code, or section 9081 of the Department of Defense Appropriations
Act, 1990 (10 U.S.C. 2401 note).
(d) DEFINITION.—For purposes of subsection (a), the term ‘‘long-
term lease or charter’’ has the meaning given that term in subpara-
graph (A) of section 2401(d)(1) of title 10, United States Code.
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H. R. 2401—22
SEC. 127. LONG-TERM LEASE OR CHARTER AUTHORITY FOR CERTAIN
ROLL-ON/ROLL-OFF VESSELS.
(a) AUTHORITY.—The Secretary of the Navy may enter into
a long-term lease or charter for vessels described in subsection
(b) without regard to the provisions of section 2401 of title 10,
United States Code, or section 9081 of the Department of Defense
Appropriations Act, 1990 (10 U.S.C. 2401 note). The authority pro-
vided in the preceding sentence may not be exercised after June
15, 1995, to enter into a long-term lease or charter for a vessel
described in subsection (b)(1).
(b) VESSELS COVERED.—Subsection (a) applies to the following
vessels which are required by the Department of the Navy for
prepositioning aboard ship or related point-to-point service as fol-
lows:
(1) Not more than five roll-on/roll-off (RO/RO) vessels which
were constructed before the date of the enactment of this Act
and on which, in the case of a vessel for which work is required
to make the vessel eligible for such service and for documenta-
tion under the laws of the United States, such work is per-
formed in a United States shipyard.
(2) Any roll-on/roll-off (RO/RO) vessel built after the date
of the enactment of this Act in a shipyard located in the
United States.
(c) LIMITATION ON SOURCE OF FUNDS.—The Secretary may not
use funds appropriated for the National Defense Sealift program
that are available for construction of vessels to enter into a contract
for a lease or charter pursuant to subsection (a).
(d) CONDITIONS
ON OBLIGATION
OF FUNDS.—Unless budget
authority is specifically provided in an appropriations Act for the
lease or charter of vessels pursuant to subsection (a), the Secretary
may not enter into a contract for a lease or charter pursuant
to that subsection unless the contract includes the following provi-
sions:
(1) A statement that the obligation of the United States
to make payments under the contract in any fiscal year is
subject to appropriations being provided specifically for that
fiscal year and specifically for that lease or charter or that
kind of vessel lease or charter.
(2) A commitment to obligate the necessary amount for
each fiscal year covered by the contract when and to the extent
that funds are appropriated for that lease or charter, or that
kind of lease or charter, for that fiscal year.
(3) A statement that such a commitment given under para-
graph (2) does not constitute an obligation of the United States.
(e) RENEWAL OF CHARTERS.—A long-term lease or charter under
subsection (a) for a vessel described in subsection (b)(1) may not
be entered into for a term of more than five years. Such a lease
or charter may only be renewed or extended subject to the restric-
tions and authority provided in section 9081 of the Department
of Defense Appropriations Act, 1990 (10 U.S.C. 2401 note).
(f) DEFINITION.—For purposes of this section, the term ‘‘long-
term lease or charter’’ has the meaning given that term in subpara-
graph (A) of section 2401(d)(1) of title 10, United States Code.
SEC. 128. F–14 AIRCRAFT UPGRADE PROGRAM.
None of the funds appropriated or otherwise made available
to the Department of Defense for procurement for fiscal year 1994
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H. R. 2401—23
may be obligated for the F–14 aircraft upgrade program until 30
days after the date on which the Secretary of the Navy submits
to the congressional defense committees a report on that upgrade
program that includes the following information:
(1) A description of the F–15E equivalent strike upgrade
configuration selected for the F–14D upgrade program.
(2) A schedule for conversion of the F–14D fleet to the
upgraded configuration.
(3) A description of the F–14D strike upgrade derivative
configuration selected for the F–14A or F–14B upgrade pro-
gram.
(4) A schedule for conversion of the F–14A and F–14B
fleet to an upgraded configuration.
(5) The total number of F–14A and F–14B aircraft to be
converted.
(6) A funding plan for implementing the upgrade programs.
Subtitle D—Air Force Programs
SEC. 131. B–2 BOMBER AIRCRAFT PROGRAM.
(a) AMOUNT FOR PROGRAM.—Of the amount appropriated pursu-
ant to section 103 for the Air Force for fiscal year 1994 for procure-
ment of aircraft, not more than $911,300,000 may be obligated
for the B–2 bomber aircraft program. Of that amount, not more
than $285,100,000 may be obligated for initial spares.
(b) LIMITATION ON OBLIGATION OF FUNDS.—None of the unobli-
gated balances of funds appropriated for procurement of B–2 aircraft
for fiscal year 1992, fiscal year 1993, or fiscal year 1994 may
be obligated for the B–2 bomber aircraft program until—
(1) the Secretary of the Air Force—
(A) enters into a definitized production contract with
the prime contractor for air vehicles 17 through 21; or
(B) submits to the congressional defense committees
a report setting forth the reasons that such a contract
cannot be entered into; and
(2) the Secretary of Defense submits to those committees
a certification that the Department of the Air Force is in
full compliance with the B–2 correction-of-deficiency require-
ments set forth in section 117(d) of Public Law 101–189 (103
Stat. 1376) in all aspects of deficiency correction.
(c) REAFFIRMATION OF LIMITATION ON NUMBER OF B–2 AIR-
CRAFT.—As provided in section 151(c) of Public Law 102–484 (106
Stat. 2339), the Secretary of the Air Force may not procure more
than 20 deployable B–2 bomber aircraft (plus one test aircraft
which may not be made operational).
(d) LIMITATION ON TOTAL PROGRAM COST.—The total amount
obligated on or after the date of the enactment of this Act (1)
for research, development, test, and evaluation for, and acquisition,
modification and retrofitting of, the B–2 bomber aircraft referred
to in subsection (c), and (2) for paying the costs associated with
termination of the B–2 bomber aircraft program upon completion
of the acquisition of those aircraft may not exceed $28,968,000,000
(in fiscal year 1981 constant dollars).
(e) RELEASE OF PRIOR YEAR FUNDS.—Funds previously author-
ized and appropriated for procurement of the B–2 bomber aircraft
program, the obligation of which was limited by section 131(b) of
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H. R. 2401—24
Public Law 102–190 (105 Stat. 1306) or by section 151(d) of Public
Law 102–484 (106 Stat. 2339), may be obligated for that program.
SEC. 132. B–1B BOMBER AIRCRAFT PROGRAM.
(a) AMOUNT FOR PROCUREMENT.—Of the amount authorized
to be appropriated pursuant to section 103(1) for the Air Force
for fiscal year 1994 for procurement of aircraft, not more than
$272,300,000 shall be available for the B–1B bomber program.
(b) REQUIREMENT FOR TEST PLAN.—(1) The Secretary of the
Air Force shall develop a plan to test the operational readiness
rate of one B–1B bomber wing that could be sustained if that
wing were provided the planned complement of base-level spare
parts, maintenance equipment, maintenance manpower, and logistic
support equipment.
(2) The plan shall also test the operational readiness rates
of one squadron of that wing operating at a remote operating
location, for a period of not less than two weeks, in a manner
consistent with Air Force plans for the use of B–1B bombers in
a conventional conflict.
(3) The remote operating location selected for purposes of para-
graph (2) shall be at a base other than a base containing or
servicing heavy bomber aircraft.
(4) The test plan under paragraph (1) shall be designed to
be carried out over a period of not less than six months ending
not later than December 1, 1995.
(c) REPORT ON THE TEST PLAN.—(1) The Secretary shall submit
to the congressional defense committees a report on the proposed
test plan not later than March 31, 1994. The report shall include
a copy of the proposed test plan.
(2) The report on the test plan shall include the following
elements:
(A) A description of the plans of the Air Force for meeting
the test requirements specified in subsection (b), including the
period during which the test is proposed to be conducted under
this section.
(B) A description of the predicted contribution to mission
capable rates that planned reliability and maintenance
improvements are expected to make.
(C) A description of the predicted effects of the test on
the readiness rates of the B–1B wings not participating in
the test if the test is initiated between the date of the enactment
of this Act and June 1, 1995.
(D) The earliest date feasible for the implementation of
the test plan if a test within the period specified in the descrip-
tion under subparagraph (A) is predicted under subparagraph
(C) to have an adverse effect on B–1B fleet readiness.
(d) IMPLEMENTATION OF TEST PLAN.—(1) The Secretary shall
notify the congressional defense committees of the start of the
test period.
(2) The Secretary shall complete the implementation of the
test plan required under subsection (b) not later than December
1, 1995.
(e) WAIVER AUTHORITY.—(1)(A) The Secretary of the Air Force
may postpone implementation of the test plan to a period ending
after December 1, 1995, if the Secretary determines that, as a
result of implementing the planned test within the period specified
in subsection (b)(4), the ability of the Air Force to meet operational
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H. R. 2401—25
readiness rates for B–1B units not participating in the test would
be reduced to unacceptable levels.
(B) If the Secretary of the Air Force proposes to use the author-
ity provided in subparagraph (A), the Secretary shall, before using
that authority, submit to the congressional defense committees
notice in writing of the proposed postponement of the test plan.
If the test plan report required under subsection (c) has not been
submitted as of the time of the decision to postpone implementation
of the test plan, that notice shall be submitted as part of the
submission of the test plan report.
(2)(A) The Secretary of Defense may waive implementation
of the test plan if the Secretary determines that implementing
the test plan would not be in the national security interest of
the United States.
(B) If the Secretary of Defense proposes to use the waiver
authority provided in subparagraph (A), the Secretary shall, before
using that authority, submit to the congressional defense commit-
tees notice in writing of the proposed waiver. Upon using that
waiver authority, the Secretary shall, not later than 30 days after
the date on which the waiver authority is used, submit to the
congressional defense committees a report setting forth a detailed
explanation of the reasons for the waiver.
(f) REPORT ON TEST RESULTS.—(1) Unless the Secretary exer-
cises the waiver authority provided in subsection (e)(1)(B), the Sec-
retary shall submit to the congressional defense committees, and
to the Comptroller General of the United States, a report on the
results obtained from implementation of the test. The report shall
be submitted within 90 days after the completion of the test.
(2) The report required under paragraph (1) shall include an
assessment of—
(A) the extent to which the provision of planned spares,
maintenance manpower, and logistics support will enable the
B–1B force to achieve the planned operational readiness rate;
and
(B) if the planned readiness rate cannot be achieved with
the planned level of spares, maintenance manpower, and logis-
tics support—
(i) an estimate of the operational readiness rate that
can be achieved with the planned level of spares, mainte-
nance manpower, and logistics support;
(ii) an estimate of the additional amounts of spares,
maintenance manpower, and logistics support and the
added costs thereof, to achieve the planned operational
readiness rate; and
(iii) an enumeration of those specific factors limiting
the achievable operational readiness rate which it would
be cost-effective to mitigate, and the increase in operational
readiness that would result therefrom.
SEC. 133. FULL AND PROMPT ACCESS BY COMPTROLLER GENERAL
TO INFORMATION ON HEAVY BOMBER PROGRAMS.
(a) DUTY OF SECRETARY OF DEFENSE.—The Secretary of Defense
shall take all actions necessary to ensure that all components
of the Department of Defense, in providing to the Comptroller
General of the United States such access to information described
in subsection (b) as the Comptroller General may require in order
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H. R. 2401—26
to carry out the functions of the Comptroller General, provide
such access on a full and prompt basis.
(b) INFORMATION
COVERED.—Subsection (a) refers to all
information (including reports and analyses) generated by or on
behalf of the Department of the Air Force (including by Air Force
contractors) that relates to (1) operation, maintenance, repair, and
modernization of heavy bombers, or (2) the plans of the Air Force
for operation, maintenance, repair, and modernization of heavy
bombers in the future.
SEC. 134. C–17 AIRCRAFT PROGRAM PROGRESS PAYMENTS AND
REPORTS.
(a) WITHHOLDING OF PAYMENTS FOR SOFTWARE NONCOMPLI-
ANCE.—In accepting further delivery of C–17 aircraft that in accord-
ance with existing C–17 contracts require a waiver for software
noncompliance, the Secretary of Defense shall withhold from the
unliquidated portion of the progress payments for such aircraft
an amount not less than 1 percent of the total cost of such aircraft.
The withholding shall continue until the Secretary submits to each
of the congressional committees named in subsection (e) a report
in which the Secretary certifies each of the following:
(1) That C–17 software testing and avionics integration
have been completed.
(2) That the costs of waivers for software noncompliance
have been identified and are in accordance with the terms
of existing C–17 contracts.
(b) CORRECTION
OF WING DEFECTS.—Within 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to each of the congressional committees named in
subsection (e) a report in which the Secretary certifies that, in
accordance with the terms of existing C–17 contracts, the contractor
has identified and is bearing each of the following:
(1) The costs related to wing structural deficiencies (includ-
ing the costs of redesign, static wing failure repair, and retrofit
for existing wing sets).
(2) The costs for required redesign, retesting, and manufac-
ture of C–17 slats and flaps to correct identified deficiencies.
(c) ANALYSIS OF RANGE/PAYLOAD DEFICIENCY.—Within 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to each of the congressional committees named in
subsection (e) a report containing the following:
(1) An analysis of the operational impacts caused by defi-
ciencies in the range/payload specification, as defined by the
C–17 Lot III production contract, including projected oper-
ational and maintenance costs, such as the costs of required
airborne refueling due to range shortfalls.
(2) A schedule for securing from the contractor, in accord-
ance with the terms of existing C–17 contracts, an equitable
recovery for the operational impacts caused by deficiencies in
the range/payload specification identified in the analysis
required by this section.
(d) REPORT CONTENTS.—Each report required by this section
shall include an itemization of the estimated effect on total produc-
tion costs caused by software noncompliance, wing defects, or range/
payload deficiency, as applicable.
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H. R. 2401—27
(e) CONGRESSIONAL COMMITTEES.—The committees of Congress
to which a report required by this section is to be submitted are
the following:
(1) The Committees on Armed Services of the Senate and
the House of Representatives.
(2) The Committees on Appropriations of the Senate and
the House of Representatives.
(3) The Committee on Governmental Affairs of the Senate
and the Committee on Government Operations of the House
of Representatives.
SEC. 135. LIVE-FIRE SURVIVABILITY TESTING OF THE C–17 AIRCRAFT.
Section 132(d) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2335) is amended
by striking out ‘‘for fiscal year 1993’’.
SEC. 136. INTERTHEATER AIRLIFT PROGRAM.
(a) FUNDING FOR PROGRAM.—Of the amount appropriated under
section 103 for procurement of aircraft for the Air Force (or other-
wise made available for procurement of aircraft for the Air Force
for fiscal year 1994), not more than $2,318,000,000 (hereinafter
in this section referred to as ‘‘fiscal year 1994 intertheater airlift
funds’’) may be made available for the Intertheater Airlift Program,
including the C–17 aircraft program. Of that amount—
(1) not more than $1,730,000,000 may be made available
for procurement for the C–17 aircraft program (other than
for advanced procurement and procurement of spare parts),
except as such amount may be increased pursuant to paragraph
(4);
(2) not more than $188,000,000 may be made available
for advanced procurement for the C–17 aircraft program;
(3) not more than $100,000,000 may be made available
for procurement of nondevelopmental wide-body military or
commercial cargo variant aircraft as a complement to the C–
17 aircraft, except as such amount may be increased pursuant
to paragraph (4); and
(4) subject to subsection (h), not more than $300,000,000
may be made available for procurement either as specified
in paragraph (1) or as specified in paragraph (3), in addition
to the amount specified in that paragraph.
(b) USE OF FUNDS.—(1) Using fiscal year 1994 intertheater
airlift funds and subject to the limitations in subsection (a), the
Secretary of Defense shall do the following:
(A) Procure C–17 aircraft.
(B) Initiate procurement of nondevelopmental aircraft as
a complement to the C–17 aircraft, selected as provided in
paragraph (3).
(2) Using fiscal year 1994 intertheater airlift funds and subject
to the limitations in subsection (a), the Secretary shall develop
an acquisition plan leading to procurement as an airlift aircraft
complementary to the C–17 aircraft of either—
(A) a nondevelopmental, wide-body military airlift aircraft;
or
(B) a nondevelopmental commercial wide-body cargo vari-
ant aircraft.
(3) The Secretary shall choose which, or what mix, of the
options specified in paragraph (2) best supports intertheater airlift
requirements.
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H. R. 2401—28
(c) FISCAL
YEAR
1994 LIMITATION.—Amounts appropriated
under section 103 for procurement of aircraft for the Air Force
(or otherwise made available for procurement of aircraft for the
Air Force for fiscal year 1994) may not be obligated for procurement
of C–17 aircraft (other than for advanced procurement) until—
(1) each limitation and requirement set forth in subsections
(b), (c), (d), and (f) of section 134 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484;
106 Stat. 2335) has been satisfied; and
(2) the Secretary of Defense submits to the congressional
defense committees a report on the C–17 acquisition program
that contains—
(A) the results of the special Defense Acquisition Board
review of the program, to include specific changes to
requirements recommended by the Joint Requirements
Oversight Council (JROC);
(B) a discussion of the corrective actions to be taken
by the Air Force with regard to such program;
(C) a proposed resolution of outstanding contractor
claims and any requested legislation relating to those
claims;
(D) a discussion of the corrective actions to be taken
by the contractor with regard to such program; and
(E) the findings and recommendations of the special
Defense Science Board group resulting from the investiga-
tion of the program by that group.
(d) FISCAL YEAR 1995 LIMITATION.—The Secretary of Defense
may not obligate any funds that may be appropriated for the
Department of Defense for fiscal year 1995 that are made available
for the C–17 aircraft program (other than funds made available
for advanced procurement) until the Secretary submits to the
congressional defense committees a report containing a review
(based on an analysis by a federally funded research and develop-
ment center) of the airlift requirements of the Armed Forces. The
review shall reflect consideration of each of the following:
(1) The changes in total airlift requirements of the Armed
Forces resulting from the disintegration of the Warsaw Pact
and Soviet Union that eliminate any major trans-Atlantic airlift
requirement for Europe.
(2) The change in airlift requirements of the Armed Forces
from requirements for airlift of large quantities of outsize cargo
for reenforcement of North Atlantic Treaty Organization forces
to requirements for airlift in connection with such lesser
regional contingencies and humanitarian operations as Oper-
ation Desert Shield, Operation Desert Storm, and Operation
Restore Hope.
(3) The potential contribution that planned strategic sealift
improvements can make toward—
(A) reducing the total demand for airlift; and
(B) changing the type of cargo that airlift aircraft must
carry.
(4) The declining demand for the conduct of airlift oper-
ations in austere airfield environments.
(5) The trade-off between purchasing the type of additional
capability that the C–17 aircraft can provide and purchasing
and using additional support equipment that would increase
the cargo airlift capacity of alternative cargo aircraft.
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H. R. 2401—29
(e) LIMITATION ON ACQUISITION OF MORE THAN FOUR C–17
AIRCRAFT.—The Secretary of Defense may not obligate C–17 produc-
tion funds (as defined in subsection (i)) to produce more than
four C–17 aircraft until the program meets the following milestones:
(1) Clearance of flight envelope with respect to altitude
and speed.
(2) Takeoff of aircraft at gross weight of 580,000 pounds
and 160,000 pounds payload within a critical field length of
8,500 feet at sea level and 90 degrees Fahrenheit day conditions
(or equivalent results under other conditions).
(3) Backing aircraft up a two degree slope with a gross
weight of 510,000 pounds.
(4) Unassisted 180 degree turn of aircraft on paved runway
of load classification group IV in less than 90 feet, using three
maneuvers.
(5) Completion of static article ultimate load (150 percent
of design limit load) test condition S.P. 5030 for wing up bend-
ing.
(6) Completion of electromagnetic radiation, electro-
magnetic compatibility, and lightening tests.
(7) Low velocity air drop of 5,000-pound, 8-foot length plat-
form.
(8) Sequential air drop of multiple simulated paratroop
dummies from both paratroop doors.
(9) A minimum unit equivalent assembly rate of 6.0 assem-
blies per year, as measured by the ratio of annualized standard
hours earned to that required to assemble one aircraft from
beginning of assembly to the completion of assembly before
movement to the ramp at the prime contractor’s facilities.
(10) For all aircraft scheduled for delivery in the prior
six-month period, delivery of each aircraft within one month
of scheduled delivery date.
(f) LIMITATION ON ACQUISITION OF MORE THAN SIX C–17 AIR-
CRAFT.—The Secretary of Defense may not obligate C–17 production
funds (as defined in subsection (i)) to produce more than six aircraft
for a fiscal year after fiscal year 1995 until the program meets
the following milestones (in addition to the milestones specified
in subsection (e)):
(1) Clearance of flight envelope with respect to loads.
(2) Estimate of payload meets 95 percent of the requirement
provided in the full-scale development contract for the key
performance parameters for payload-to-range systems perform-
ance.
(3) Operational clearance for aircraft to be air refueled
from operational KC–10 and KC–135 aircraft at standard Air
Force refueling speeds for the specific tanker in a single receiver
formation.
(4) Demonstration of combat offload with two 463L pallets
using the air delivery system rails.
(5) Airdrop of 70 paratroopers on one pass, using both
paratroop doors.
(6) Low velocity air drop of 30,000-pound, 24-foot length
platform.
(g) LIMITATION ON ACQUISITION OF MORE THAN SIX C–17 Air-
craft.—The Secretary of Defense may not obligate C–17 production
funds (as defined in subsection (i)) to produce more than six C–
17 aircraft for a fiscal year after fiscal year 1996 until the program
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H. R. 2401—30
meets the following milestones (in addition to the milestones speci-
fied in subsections (e) and (f)):
(1) Estimate of payload meets 97.5 percent of the require-
ment provided in the full-scale development contract for the
key performance parameters for payload-to-range systems
performance.
(2) Landing of aircraft with a payload of 160,000 pounds
and fuel necessary to fly 300 nautical miles on a 3,000-foot
long, 90-foot wide, and load classification group IV runway
at sea level, 90 degrees Fahrenheit day conditions (or equivalent
results under other conditions).
(3) Low altitude parachute extraction system delivery of
a 20,000-pound cargo.
(4) Simultaneous and sequential container delivery system
airdrop of 30 bundles.
(5) Low velocity air drop of 42,000-pound platform.
(6) Satisfactory completion of one lifetime of testing of
durability article.
(7) Air vehicle mean time between removal at cumulative
flying hours to date of measurement indicates that the mature
requirement established in the full-scale development contract
will be met.
(h) FUNDING OUT OF INTERTHEATER AIRLIFT PROGRAM.—Fiscal
year 1994 intertheater airlift funds that are referred to in paragraph
(4) of subsection (a) may be made available by the Secretary of
Defense for procurement for the C–17 program, or for procurement
for the complementary nondevelopmental wide-body aircraft, only
after—
(1) the Secretary of Defense—
(A) submits the report on the C–17 program specified
in subsection (c)(2);
(B) determines whether procurement of two additional
C–17 aircraft would contribute more to intertheater lift
modernization than procurement of additional complemen-
tary nondevelopment wide-body aircraft at the same fund-
ing level; and
(C) submits to the congressional defense committees
notice of the determination described in subparagraph (B)
along with notification of the Secretary’s intent to transfer
up to $300,000,000 as provided in subsection (a)(4) either
to the C–17 program or to the nondevelopmental aircraft
program specified in subsection (a)(3); and
(2) a period of 30 days has elapsed after the submission
of the report referred to in paragraph (1)(A) and the notification
required by paragraph (1)(C).
(i) C–17 PRODUCTION FUNDS DEFINED.—For purposes of this
section, the term ‘‘C–17 production funds’’ means funds appropriated
for the Department of Defense for a fiscal year after fiscal year
1993 that are made available for the intertheater airlift program,
including the C–17 aircraft program (other than funds made avail-
able for advanced procurement).
SEC. 137. USE OF F–16 AIRCRAFT ADVANCE PROCUREMENT FUNDS
FOR PROGRAM TERMINATION COSTS.
(a) FUNDS FOR PROGRAM TERMINATION COSTS.—Of the amount
provided in section 103 for procurement of aircraft for the Air
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H. R. 2401—31
Force, the amount of $70,800,000 shall be available only for program
termination costs for the F–16 aircraft program.
(b) PROHIBITION OF FUNDS FOR ADVANCE PROCUREMENT.—None
of the funds appropriated pursuant to section 103 for procurement
of aircraft for the Air Force shall be available for advance procure-
ment of F–16 aircraft for fiscal year 1995.
SEC. 138. TACTICAL SIGNALS INTELLIGENCE AIRCRAFT.
(a) FISCAL YEAR 1994 FUNDING.—Of the amount authorized
to be appropriated for procurement for Defense-wide activities in
section 104, $161,225,000 shall be available for tactical signals
intelligence aircraft programs as follows:
(1) $34,225,000 for the EP–3 Aries II Phase I modification
program.
(2) $33,800,000 for the RC–135 Rivet Joint Block III Base-
line Six modification program.
(3) $93,200,000 for a nondevelopmental testbed aircraft
incorporating ARSP SIGINT upgrade program architecture.
(b) PRIOR YEAR FUNDS.—(1) Section 141 of Public Law 102–
484 (106 Stat. 2338) is repealed.
(2) Amounts made available pursuant to section 141 of Public
Law 102–484 that remain available for obligation shall be available
for the fiscal year 1993 EP–3 Aries II Phase I modification program
and the RC–135 Rivet Joint Block III Baseline Six modification
program as provided for in the budget for fiscal year 1993 submitted
to Congress pursuant to section 1105 of title 31, United States
Code.
(c) LIMITATION.—None of the funds referred to in subsection
(a) or (b) may be used for any purpose other than the EP–3 and
RC–135 aircraft upgrade programs identified in those subsections.
SEC. 139. C–135 AIRCRAFT PROGRAM.
(a) FISCAL YEAR 1994 FUNDS.—Of the funds authorized to be
appropriated in section 103 for procurement of aircraft for the
Air Force for fiscal year 1994, $48,000,000 shall be available for
reengining two KC–135E aircraft.
(b) FISCAL YEAR 1993 FUNDS.—Of the funds available for C–
135 series aircraft modifications for fiscal year 1993 that remain
available for obligation, $100,900,000 shall be available for
reengining four KC–135E aircraft.
Subtitle E—Other Matters
SEC. 151. ALQ–135 JAMMER DEVICE.
Section 182(b)(2) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1508) is
amended by striking out ‘‘meets or exceeds all operational criteria
established for the program’’ and inserting in lieu thereof ‘‘is oper-
ationally effective and suitable’’.
SEC. 152. GLOBAL POSITIONING SYSTEM.
(a) PROGRAM STUDY REQUIRED.—(1) The Secretary of Defense
shall provide for an independent study to be conducted on the
management and funding of the Global Positioning System program
for the future.
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H. R. 2401—32
(2) With the agreement of the National Academy of Sciences
and the National Academy of Public Administration, the study
shall be conducted jointly by those organizations.
(3) Of the amounts authorized to be appropriated to the Depart-
ment of Defense for fiscal year 1994 and made available for procure-
ment of Global Positioning System user equipment, for procurement
of spacecraft, or for operations and maintenance, up to $3,000,000
may be used for carrying out the study required by paragraph
(1).
(b) LIMITATION
ON
PROCUREMENT
OF
SYSTEMS
NOT
GPS-
EQUIPPED.—After September 30, 2000, funds may not be obligated
to modify or procure any Department of Defense aircraft, ship,
armored vehicle, or indirect-fire weapon system that is not equipped
with a Global Positioning System receiver.
(c) REPORT.—(1) Not later than May 1, 1994, the Secretary
of Defense shall submit to the committees specified in paragraph
(3) a report on the Global Positioning System. The report shall
include a description of each of the following:
(A) The threats, if any, to the health and safety of United
States military forces, allied military forces, and the United
States and allied civilian populations, and the threats, if any,
of damage to property within the United States and allied
countries, that will result by the year 2000 from Global
Positioning System navigation signals, local and wide-area dif-
ferential navigation correction signals, kinematic differential
correction signals, and commercially available map products
based on the Global Positioning System.
(B) The threat, if any, to civil aviation and other transpor-
tation operations that will result by the year 2000 from the
signal jamming, deception, and other disruptive effects of Global
Positioning System navigation signals.
(C) The actions, if any, that can be taken to eliminate
or mitigate such threats.
(D) The modifications, if any, of the Global Positioning
System and derivative systems that can be made to eliminate
or significantly reduce such threats, or to increase the ability
of the Department of Defense to mitigate such threats, without
interfering with authorized and peaceful uses of the Global
Positioning System.
(2) The report under paragraph (1) shall be prepared in
coordination with the Director of Central Intelligence.
(3) The committees referred to in paragraph (1) are—
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate.
SEC. 153. RING LASER GYRO NAVIGATION SYSTEMS.
None of the funds appropriated for fiscal year 1993 or fiscal
year 1994 for procurement for the Navy may be obligated or
expended for the procurement of ring laser gyro navigation systems
for surface ships under a sole-source contract.
SEC. 154. OPERATIONAL SUPPORT AIRCRAFT.
(a) LIMITATION.—None of the funds appropriated for the Depart-
ment of Defense for fiscal year 1994 may be obligated for a procure-
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H. R. 2401—33
ment of any operational support aircraft without full and open
competition (as defined in section 2302(3) of title 10, United States
Code) unless the Under Secretary of Defense for Acquisition and
Technology certifies to the congressional defense committees that
the procurement is within an exception set forth in section 2304(c)
of title 10, United States Code.
(b) AIRLIFT STUDY.—Of the funds appropriated pursuant to
section 106, not more than $50,000,000 may be obligated to procure
operational support airlift aircraft. None of those funds may be
obligated until 60 days after the date on which the study required
by subsection (c) is transmitted to the congressional defense
committees.
(c) STUDY REQUIRED.—The Secretary of Defense shall undertake
a study of operational support airlift aircraft and administrative
transport airlift aircraft operated by reserve components of the
Department of Defense.
(d) STUDY REQUIREMENTS.—The study required by subsection
(c) shall include the following:
(1) An inventory of all operational support airlift aircraft
and administrative transport airlift aircraft.
(2) The peacetime utilization rate of such aircraft.
(3) The wartime mission of such aircraft.
(4) The need for such aircraft for the future base force.
(5) The current age, projected service life, and programmed
retirement date for such aircraft.
(6) A list of aircraft programmed in the current future-
years defense program to be purchased or to be transferred
from the active components to the reserve components.
(7) The funds programmed in the current future-years
defense program for procurement of replacement operational
support and administrative transport airlift aircraft, and the
acquisition strategy proposed for each type of replacement air-
craft so programmed.
(e) DEFINITION.—For purposes of this section, the term ‘‘future-
years defense program’’ means the future-years defense program
submitted to Congress pursuant to section 221 of title 10, United
States Code.
SEC. 155. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PRO-
GRAM.
(a) SUBMISSION OF REPORTS ON ALTERNATIVE TECHNOLOGIES.—
Section 173(b)(1) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2343) is amended
by striking out the period at the end and inserting in lieu thereof
‘‘and a period of 60 days has passed following the submission
of the report. During such 60-day period, each Chemical Demili-
tarization Citizens’ Advisory Commission in existence on the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1994 may submit such comments on the report as
it considers appropriate to the Committees on Armed Services of
the Senate and House of Representatives.’’.
(b) EXTENSION OF DEADLINE FOR SUBMISSION OF REVISED CON-
CEPT PLAN.—Section 175(d) of such Act (106 Stat. 2344) is amended
by striking out ‘‘not later than 180 days’’ and all that follows
and inserting in lieu thereof ‘‘during the 120-day period beginning
at the end of the 60-day period following the submission of the
report of the Secretary required under section 173.’’.
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H. R. 2401—34
SEC. 156. CHEMICAL 
MUNITIONS 
DISPOSAL 
FACILITIES, 
TOOELE
ARMY DEPOT, UTAH.
(a) LIMITATION PENDING CERTIFICATION.—After January 1,
1994, none of the funds appropriated to the Department of Defense
for fiscal year 1993 or 1994 may be obligated for the systemization
of chemical munitions disposal facilities at Tooele Army Depot,
Utah, until the Secretary of Defense submits to Congress a certifi-
cation described in subsection (b).
(b) CERTIFICATION REQUIREMENT.—A certification referred to
in subsection (a) is a certification submitted by the Secretary of
Defense to Congress that—
(1) the operation of the chemical munitions disposal facili-
ties at Tooele Army Depot will not jeopardize the health, safety,
or welfare of the community surrounding Tooele Army Depot;
and
(2) adequate base support, management, oversight, and
security personnel to ensure the public safety in the operation
of chemical munitions disposal facilities constructed and oper-
ated at Tooele Army Depot will remain at that depot while
chemical munitions storage or disposal activities continue.
(c) SUPPORTING
REPORT.—The Secretary of Defense shall
include with a certification under this section a report specifying
all base support, management, oversight, and security personnel
to be retained at Tooele Army Depot after the realignment of
that depot is completed.
SEC. 157. AUTHORITY TO CONVEY LOS ALAMOS DRY DOCK.
(a) AUTHORITY.—The Secretary of the Navy may convey to
the Brownsville Navigation District of Brownsville, Texas, all right,
title, and interest of the United States in and to the dry dock
designated as Los Alamos (AFDB7).
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the Brownsville Navigation District shall permit
the Secretary of the Navy—
(1) to use real property which is (A) located on and near
a ship channel, (B) under the ownership or control of the
Brownsville Navigation District, and (C) not used by the
Brownsville Navigation District, except that such use shall
be only for training purposes and shall be permitted for a
five-year period beginning on the date of the transfer;
(2) to use such property under paragraph (1) without
reimbursement from the Secretary of the Navy; and
(3) to use the dock for dockage services, without reimburse-
ment from the Secretary of the Navy, except that such use
shall be for not more than 45 days each year during the
period referred to in paragraph (1) and shall be subject to
all applicable Federal and State laws, including laws on mainte-
nance and dredging.
(c) EXTENSION
OF USE.—At the end of the five-year period
referred to in subsection (b)(1), the Secretary of the Navy and
the chief executive officer of the Brownsville Navigation District
may enter into an agreement to extend the period during which
the Secretary may use real property and dockage under subsection
(b).
(d) CONDITION.—As a condition of the conveyance authorized
by subsection (a), the Secretary shall enter into an agreement
with the Brownsville Navigation District under which the Browns-
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H. R. 2401—35
ville Navigation District agrees to hold the United States harmless
for any claim arising with respect to the drydock after the convey-
ance of the drydock other than as a result of use of the dock
by the Navy pursuant to subsection (b) or an agreement under
subsection (c).
SEC. 158. SALES AUTHORITY OF CERTAIN WORKING-CAPITAL FUNDED
INDUSTRIAL FACILITIES OF THE ARMY.
(a) IN GENERAL.—(1) Chapter 433 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 4543. Army industrial facilities: sales of manufactured
articles or services outside Department of Defense
‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—Regulations under
section 2208(h) of this title shall authorize a working-capital funded
Army industrial facility (including a Department of the Army
arsenal) that manufactures large caliber cannons, gun mounts,
recoil mechanisms, ammunition, munitions, or components thereof
to sell manufactured nondefense-related commercial articles or serv-
ices to a person outside the Department of Defense if—
‘‘(1) in the case of an article, the article is sold to a United
States manufacturer, assembler, developer, or other concern—
‘‘(A) for use in developing new products;
‘‘(B) for incorporation into items to be sold to, or to
be used in a contract with, an agency of the United States;
‘‘(C) for incorporation into items to be sold to, or to
be used in a contract with, or to be used for purposes
of soliciting a contract with, a friendly foreign government;
or
‘‘(D) for use in commercial products;
‘‘(2) in the case of an article, the purchaser is determined
by the Department of Defense to be qualified to carry out
the proposed work involving the article to be purchased;
‘‘(3) the sale is to be made on a basis that does not interfere
with performance of work by the facility for the Department
of Defense or for a contractor of the Department of Defense;
and
‘‘(4) in the case of services, the services are related to
an article authorized to be sold under this section and are
to be performed in the United States for the purchaser.
‘‘(b) ADDITIONAL REQUIREMENTS.—The regulations shall also—
‘‘(1) require that the authority to sell articles or services
under the regulations be exercised at the level of the com-
mander of the major subordinate command of the Army with
responsibility over the facility concerned;
‘‘(2) authorize a purchaser of articles or services to use
advance incremental funding to pay for the articles or services;
and
‘‘(3) in the case of a sale of commercial articles or commer-
cial services in accordance with subsection (a) by a facility
that manufactures large caliber cannons, gun mounts, or recoil
mechanisms, or components thereof, authorize such facility—
‘‘(A) to charge the buyer, at a minimum, the variable
costs that are associated with the commercial articles or
commercial services sold;
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H. R. 2401—36
‘‘(B) to enter into a firm, fixed-price contract or, if
agreed by the buyer, a cost reimbursement contract for
the sale; and
‘‘(C) to develop and maintain (from sources other than
appropriated funds) working capital to be available for
paying design costs, planning costs, procurement costs, and
other costs associated with the commercial articles or
commercial services sold.
‘‘(c) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.—Nothing
in this section shall be construed to affect the application of the
export controls provided for in section 38 of the Arms Export Control
Act (22 U.S.C. 2778) to items which incorporate or are produced
through the use of an article sold under this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘commercial article’ means an article that
is usable for a nondefense purpose.
‘‘(2) The term ‘commercial service’ means a service that
is usable for a nondefense purpose.
‘‘(3) The term ‘advance incremental funding’, with respect
to a sale of articles or services, means a series of partial
payments for the articles or services that includes—
‘‘(A) one or more partial payments before the
commencement of work or the incurring of costs in connec-
tion with the production of the articles or the performance
of the services, as the case may be; and
‘‘(B) subsequent progress payments that result in full
payment being completed as the required work is being
completed.
‘‘(4) The term ‘variable costs’, with respect to sales of arti-
cles or services, means the costs that are expected to fluctuate
directly with the volume of sales and—
‘‘(A) in the case of articles, the volume of production
necessary to satisfy the sales orders; or
‘‘(B) in the case of services, the extent of the services
sold.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘4543. Army industrial facilities: sales of manufactured articles or services outside
Department of Defense.’’.
(b) CONFORMING AMENDMENT.—Subsection (i) of section 2208
of such title is amended to read as follows:
‘‘(i) For provisions relating to sales outside the Department
of Defense of manufactured articles and services by a working-
capital funded Army industrial facility (including a Department
of the Army arsenal) that manufactures large caliber cannons,
gun mounts, recoil mechanisms, ammunition, munitions, or compo-
nents thereof, see section 4543 of this title.’’.
(c) DEADLINE FOR REGULATIONS.—Regulations under subsection
(b) of section 4543 of title 10, United States Code, as added by
subsection (a), shall be prescribed not later than 30 days after
the date of the enactment of this Act.
SEC. 159. SPACE-BASED MISSILE WARNING AND SURVEILLANCE PRO-
GRAMS.
(a) AMOUNT FOR PROGRAMS.—Of the amounts authorized to
be appropriated by section 104, not to exceed $801,900,000 shall
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H. R. 2401—37
be available for space-based missile warning and surveillance pro-
grams.
(b) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, during fiscal year 1994 funds may be transferred from
the amount available for space-based missile warning and surveil-
lance programs pursuant to subsection (a) to programs specified
in subsection (c) as follows:
(1) Before March 1, 1994, up to $250,000,000.
(2) On or after March 1, 1994, any unobligated amount
remaining for space-based missile warning and surveillance
programs pursuant to subsection (a).
(c) PROGRAMS TO WHICH TRANSFERRED.—A transfer under sub-
section (b) may be made to any of the following programs:
(1) The Follow-on Early Warning System.
(2) The Defense Support Program.
(3) The Brilliant Eyes Program.
(4) The Cobra Ball Upgrade Program.
(d) RELATIONSHIP
TO
OTHER
TRANSFER
AUTHORITY.—The
authority to make transfers under subsection (b) is in addition
to the authority provided in section 1101.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1994 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as follows:
(1) For the Army, $5,197,467,000.
(2) For the Navy, $8,376,737,000.
(3) For the Air Force, $12,289,211,000.
(4) For Defense-wide activities, $9,042,949,000, of which—
(A) $242,592,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $12,650,000 is authorized for the Director of Oper-
ational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT.
(a) FISCAL YEAR 1994.—Of the amounts authorized to be appro-
priated by section 201, $4,283,935,000 shall be available for basic
research and exploratory development projects.
(b) 
BASIC
RESEARCH
AND
EXPLORATORY
DEVELOPMENT
DEFINED.—For purposes of this section, the term ‘‘basic research
and exploratory development’’ means work funded in program ele-
ments for defense research and development under Department
of Defense category 6.1 or 6.2.
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H. R. 2401—38
SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOP-
MENT PROGRAM.
Of the amounts authorized to be appropriated by section 201,
$150,000,000 shall be available for the Strategic Environmental
Research and Development Program.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. KINETIC ENERGY ANTISATELLITE PROGRAM.
(a) CONVERSION OF PROGRAM.—The Secretary of Defense shall
convert the Kinetic Energy Antisatellite (KE–ASAT) Program to
a tactical antisatellite technologies program.
(b) LEVEL FUNDING.—Of the amounts authorized to be appro-
priated in this title, $10,000,000 shall be available for fiscal year
1994 for engineering development under the program.
(c) DEVELOPMENT
OF
MOST
CRITICAL
TECHNOLOGIES.—The
amount referred to in subsection (b) shall be available for engineer-
ing development of the most critical antisatellite technologies.
(d) LIMITATION PENDING SUBMISSION OF REPORT.—No funds
appropriated to the Department of Defense for fiscal year 1994
may be obligated for the Kinetic Energy Antisatillite (KE–ASAT)
program until the Secretary of Defense submits to Congress the
report required by section 1363 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2560)
that contains, in addition to the matter required by such section,
the Secretary’s certification that there is a requirement for an
antisatellite program.
SEC. 212. B–1B BOMBER PROGRAM.
Of the amount authorized to be appropriated pursuant to sec-
tion 201 for the Air Force for fiscal year 1994, not more than
$49,000,000 shall be available for the B–1B bomber program.
SEC. 213. SPACE LAUNCH MODERNIZATION PLAN.
(a) PLAN REQUIRED.—(1) The Secretary of Defense shall develop
a plan that establishes and clearly defines priorities, goals, and
milestones regarding modernization of space launch capabilities
for the Department of Defense or, if appropriate, for the Government
as a whole. The plan shall specify whether the Secretary intends
to allocate funds for a new space launch vehicle or other major
space launch development initiative in the next future-years defense
program submitted pursuant to section 221 of title 10, United
States Code.
(2) The plan shall be developed in consultation with the Director
of the Office of Science and Technology Policy.
(3) The Secretary shall submit the plan to Congress at the
same time in 1994 that the Secretary submits to Congress the
next future-years defense program.
(b) ALLOCATION OF FUNDS.—Of the amount authorized to be
appropriated in section 201, $35,000,000 shall be available through
the Office of the Undersecretary of Defense for Acquisition and
Technology for research, development, test, and evaluation of new
non-man-rated space launch systems and technologies. None of
that amount may be obligated or expended for any operational
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H. R. 2401—39
United States space launch vehicle system in existence as of the
date of the enactment of this Act. Of that amount—
(1) $17,000,000 shall be available for the single-stage rocket
technology (SSRT) program, including—
(A) completion of phase one of the SSRT program begun
in the Ballistic Missile Defense Office;
(B) concept studies for new reusable space launch
vehicles;
(C) data base development on domestic and foreign
launch systems to support design-to-cost, engine develop-
ment, and reduced life-cycle costs; and
(D) examination of reusable engine thrust chamber
component applications to achieve advanced producibility,
cost, and durability information needed for improved
designs; and
(2) $18,000,000 shall be available for similar tasks related
to expendable launch vehicles, including—
(A) concept studies for new expendable space launch
vehicles;
(B) data base development on domestic and foreign
launch systems to support design-to-cost, engine develop-
ment, and reduced life-cycle costs; and
(C) examination of expendable engine thrust chamber
component applications to achieve advanced producibility,
cost, and durability information needed for improved
designs.
(c) REQUIREMENTS REGARDING DEVELOPMENT OF NEW LAUNCH
VEHICLES.—If the space launch plan under subsection (a) identifies
a new, non-man-rated expendable or reusable launch vehicle tech-
nology for development or acquisition, the Secretary shall explore
innovative government-industry funding, management, and acquisi-
tion strategies to minimize the cost and time involved.
(d) COST REDUCTION REQUIREMENT.—The plan shall provide
for a means of reducing the cost of producing existing launch
vehicles at current and projected production rates below the current
estimates of the costs for those production rates.
(e) STUDY OF DIFFERENCES BETWEEN UNITED STATES AND FOR-
EIGN SPACE LAUNCH VEHICLES.—(1) The Secretary of Defense shall
conduct a comprehensive study of the differences between existing
United States and foreign expendable space launch vehicles in
order—
(A) to identify specific differences in the design, manufac-
ture, processing, and overall management and infrastructure
of such space launch vehicles; and
(B) to determine the approximate effect of the differences
on the relative cost, reliability, and operational efficiency of
such space launch vehicles.
(2) The Secretary shall consult with the Administrator of the
National Aeronautics and Space Administration and, as appro-
priate, the heads of other Federal agencies and appropriate person-
nel of United States industries and academic institutions in carrying
out the study.
(3) The Secretary shall submit to Congress a report of the
results of the study no later than October 1, 1994.
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H. R. 2401—40
SEC. 214. MEDICAL 
COUNTERMEASURES 
AGAINST 
BIOWARFARE
THREATS.
(a) IN GENERAL.—Chapter 139 of title 10, United States Code,
is amended by inserting after section 2370 the following new section:
‘‘§ 2370a. Medical 
countermeasures 
against 
biowarfare
threats: allocation of funding between near-term
and other threats
‘‘(a) ALLOCATION BETWEEN NEAR-TERM AND OTHER THREATS.—
Of the funds appropriated or otherwise made available for any
fiscal year for the medical component of the Biological Defense
Research Program (BDRP) of the Department of Defense —
‘‘(1) not more than 80 percent may be obligated and
expended for product development, or for research, develop-
ment, test, or evaluation, of medical countermeasures against
near-term validated biowarfare threat agents; and
‘‘(2) not more than 20 percent may be obligated or expended
for product development, or for research, development, test,
or evaluation, of medical countermeasures against mid-term
or far-term validated biowarfare threat agents.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘validated biowarfare threat agent’ means
a biological agent that—
‘‘(A) is named in the biological warfare threat list pub-
lished by the Defense Intelligence Agency; and
‘‘(B) is identified as a biowarfare threat by the Deputy
Chief of Staff of the Army for Intelligence in accordance
with Army regulations applicable to intelligence support
for the medical component of the Biological Defense
Research Program.
‘‘(2) The term ‘near-term validated biowarfare threat agent’
means a validated biowarfare threat agent that has been, or
is being, developed or produced for weaponization within 5
years, as assessed and determined by the Defense Intelligence
Agency.
‘‘(3) The term ‘mid-term validated biowarfare threat agent’
means a validated biowarfare threat agent that is an emerging
biowarfare threat, is the object of research by a foreign threat
country, and will be ready for weaponization in more than
5 years and less than 10 years, as assessed and determined
by the Defense Intelligence Agency.
‘‘(4) The term ‘far-term validated biowarfare threat agent’
means a validated biowarfare threat agent that is a future
biowarfare threat, is the object of research by a foreign threat
country, and could be ready for weaponization in more than
10 years and less than 20 years, as assessed and determined
by the Defense Intelligence Agency.
‘‘(5) The term ‘weaponization’ means incorporation into
usable ordnance or other militarily useful means of delivery.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2370 the following new item:
‘‘2370a. Medical countermeasures against biowarfare threats: allocation of funding
between near-term and other threats.’’.
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H. R. 2401—41
SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CEN-
TERS.
(a) CENTERS COVERED.—Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1994 pursu-
ant to an authorization of appropriations in section 201 may be
obligated to procure work from a federally funded research and
development center only in the case of a center named in the
report required by subsection (b) and, in the case of such a center,
only in an amount not in excess of the amount of the proposed
funding level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—Not later than
30 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report containing—
(1) the name of each federally funded research and develop-
ment center from which work is proposed to be procured for
the Department of Defense for fiscal year 1994; and
(2) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1994.
The total of the proposed funding levels set forth in the report
for all federally funded research and development centers may
not exceed the amount set forth in subsection (d).
(c) LIMITATION PENDING SUBMISSION
OF REPORT.—No funds
appropriated or otherwise made available for the Department of
Defense for fiscal year 1994 may be obligated to obtain work from
a federally funded research and development center until the Sec-
retary of Defense submits the report required by subsection (b).
(d) FUNDING.—Of the amounts authorized to be appropriated
to the Department of Defense for research, development, test, and
evaluation for fiscal year 1994 pursuant to section 201, not more
than a total of $1,352,650,000 may be obligated to procure services
from the federally funded research and development centers named
in the report required by subsection (b).
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—The Secretary
of Defense may waive the limitation regarding the maximum fund-
ing amount that applies under subsection (a) to a federally funded
research and development center. Whenever the Secretary proposes
to make such a waiver, the Secretary shall submit to the congres-
sional defense committees notice of the proposed waiver and the
reasons for the waiver. The waiver may then be made only after
the end of the 60-day period that begins on the date on which
the notice is submitted to those committees, unless the Secretary
determines that it is essential to the national security that funds
be obligated for work at that center in excess of that limitation
before the end of such period and notifies the congressional defense
committees of that determination and the reasons for the determina-
tion.
(f) UNDISTRIBUTED REDUCTION.—The total amount authorized
to be appropriated for research, development, test, and evaluation
in section 201 is hereby reduced by $200,000,000.
SEC. 216. DEMONSTRATION PROGRAM FOR BALLISTIC MISSILE POST-
LAUNCH DESTRUCT MECHANISM.
(a) DEMONSTRATION PROGRAM.—The Secretary of Defense shall
conduct a demonstration program to develop and test a ballistic
missile post-launch destruct mechanism. The program shall be car-
ried out through the Advanced Research Projects Agency.
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H. R. 2401—42
(b) FUNDING.—The amount expended for the demonstration
program may not exceed $15,000,000. Subject to the provisions
of appropriations Acts, the Secretary may provide $5,000,000 for
the program from unexpended balances remaining available for
obligation from funds appropriated to the Department of Defense
for fiscal year 1993.
(c) WAIVER.—The Secretary of Defense may waive the require-
ment to conduct a demonstration program under subsection (a)
if the Secretary certifies to the congressional defense committees
that conducting such a program is not in the national security
interest of the United States.
SEC. 217. HIGH PERFORMANCE COMPUTING AND COMMUNICATION
INITIATIVE.
(a) INDEPENDENT STUDY.—Within 30 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Director of the Office of Science and Technology Policy,
shall request the National Research Council (NRC) to conduct a
comprehensive study of the inter-agency High Performance Comput-
ing and Communications Initiative (HPCCI).
(b) MATTERS TO BE INCLUDED.—The study shall address (at
a minimum) the following aspects of the High Performance Comput-
ing and Communications Initiative:
(1) The basic underlying rationale for the program, includ-
ing the appropriate balance between Federal efforts and private
sector efforts.
(2) The appropriateness of the goals and directions of the
program.
(3) The balance between various elements of the program.
(4) The likelihood that the various goals of the program
will be achieved.
(5) The effectiveness of the mechanisms for obtaining the
views of industry and the views of users for the planning
and implementation of the program.
(6) The management and coordination of the program.
(7) The relationship of the program to other Federal support
of high performance computing and communications, including
acquisition of high performance computers by Federal depart-
ments and agencies in support of the mission needs of such
departments and agencies.
(c) COOPERATION WITH STUDY.—The Director of the Office of
Science and Technology Policy shall direct all relevant Federal
agencies to cooperate fully with the National Research Council
in all aspects of this study. The heads of Federal agencies receiving
the directive shall cooperate in accordance with the provisions of
the directive.
(d) FUNDING.—The Secretary shall make available from funds
available for the High Performance Computing and Communications
Program of the Department of Defense amounts not to exceed
$500,000 for the National Research Council to conduct the study
under subsection (a).
(e) REPORTS.—The Secretary of Defense shall include in an
agreement with the National Academy of Sciences that provides
for the study, a requirement that the National Research Council
submit an interim report and a final report on the results of
the study to the Secretary of Defense and to the Director of the
Office of Science and Technology Policy. The interim report shall
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H. R. 2401—43
be submitted not later than July 1, 1994, and the final report
shall be submitted not later than February 1, 1995. Promptly after
receiving the reports, the Director of the Office of Science and
Technology Policy shall submit the reports to Congress and may
submit with the reports such additional comments as the Director
considers appropriate. The reports shall be submitted to Congress
in unclassified form with classified annexes as necessary.
SEC. 218. SUPERCONDUCTING MAGNETIC ENERGY STORAGE (SMES)
PROGRAM.
(a) PROGRAM OFFICE.—The Secretary of Defense shall establish
within the Department of the Navy a program office to facilitate
research and design studies leading to possible construction of
Superconducting Magnetic Energy Storage (SMES) test models.
(b) FUNDING.—Immediately upon enactment of this Act, the
Secretary of Defense shall transfer from the Defense Nuclear
Agency to the Department of the Navy any funds appropriated
for fiscal years before fiscal year 1994 that were designated for
the Superconducting Magnetic Energy Storage Project that remain
available for obligation. Those funds shall be obligated for (1) contin-
ued work for experiments and studies described in section 218(b)(4)
of the National Defense Authorization Act of 1993 (Public Law
102–484; 106 Stat. 2353), and (2) study of alternative SMES designs.
(c) COORDINATION WITH DEPARTMENT OF ENERGY.—Research
work of the Department of the Navy described in subsection (a)
shall be coordinated with emerging Superconducting Magnetic
Energy Storage research being carried out within the Department
of Energy.
(d) DEADLINE.—The office referred to in subsection (a) shall
be created and staffed not later than 30 days after the date of
the enactment of this Act.
SEC. 219. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM.
Notwithstanding section 122 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2334),
the Secretary of Defense may carry out material procurement, logis-
tics support, and integration of existing Advanced Self Protection
Jammer systems from Department of Defense inventory into the
F–14D aircraft for testing and evaluation using funds appropriated
to the Department of Defense for fiscal year 1993 and prior years.
SEC. 220. ELECTRONIC COMBAT SYSTEMS TESTING.
(a) DETAILED TEST AND EVALUATION BEFORE INITIAL LOW-RATE
PRODUCTION.—The Secretary of Defense shall ensure that any elec-
tronic combat system and any command, control, and communica-
tions countermeasure system is authorized to proceed into the low-
rate initial production stage only upon the completion of an appro-
priate, rigorous, and structured test and evaluation regime. Such
a regime shall include testing and evaluation at each of the follow-
ing types of facilities: computer simulation and modeling facilities,
measurement facilities, system integration laboratories, simulated
threat hardware-in-the-loop test facilities, installed system test
facilities, and open air ranges.
(b) TIMELY TEST AND EVALUATION REQUIRED.—The Secretary
shall ensure that test and evaluation of a system as required
by subsection (a) is conducted sufficiently early in the development
phase to allow—
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H. R. 2401—44
(1) a correction-of-deficiency plan to be developed and in
place for deficiencies identified by the testing before the system
proceeds into low-rate initial production; and
(2) the deficiencies identified by test and evaluation to
be corrected before the system proceeds beyond low-rate initial
production.
(c) ANNUAL REPORT ON COMPLIANCE.—The Secretary of Defense
shall include in the annual Department of Defense Electronic War-
fare Plan report a description of compliance with this section during
the preceding year. Such a report shall include a description of
the test and evaluation process applied to each system, the results
of that process, and the adequacy of test and evaluation resources
to carry out that process.
(d) FUNDS USED FOR TESTING.—The costs of the testing nec-
essary to carry out this section with respect to any system shall
be paid from funds available for that system.
(e) APPLICABILITY.—The provisions of subsections (a) and (b)
shall apply to any ACAT I level electronic combat system milestone
I program and to any command, control, and communications
countermeasure system milestone I program that is initiated after
the date of the enactment of this Act.
SEC. 221. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.
(a) LIMITATION.—During the one-year period beginning on the
date of the enactment of this Act, the Secretary of Defense may
not conduct a flight test program of theater missile defense intercep-
tors and sensors if an anticipated result of the launch of a missile
under that test program would be release of debris within 50
miles of the Canyonlands National Park, Utah.
(b) DEFINITION
OF DEBRIS.—For purposes of subsection (a),
the term ‘‘debris’’ does not include particulate matter that is regu-
lated for considerations of air quality.
SEC. 222. JOINT ADVANCED ROCKET SYSTEM.
(a) PROGRAM REQUIREMENT.—None of the funds appropriated
pursuant to authorizations in section 201 or otherwise made avail-
able for fiscal year 1994 for research, development, test, and evalua-
tion for the Department of Defense may be obligated for any
technology for a 2.75-inch rocket or missile program that is
inconsistent with the goals and objectives of the joint Advanced
Rocket System program or that would otherwise not result in the
use of a common 2.75-inch rocket motor by all components of
the Department of Defense.
(b) ARMY PROGRAM.—Of the amount authorized for the Army
under section 201, $5,500,000 shall be available for participation
by the Department of the Army in the Advanced Rocket System
program.
(c) FUNDING LIMITATION PENDING REPORT.—Of the amount
appropriated pursuant to section 201 for the Department of the
Navy for the Advanced Rocket System (program element 604603N)
and for the Department of the Army for program element 603313A,
not more than 75 percent may be obligated until the end of the
30-day period beginning on the date on which the Secretary of
Defense submits to the congressional defense committees a report
on the matters specified in subsection (d).
(d) REPORT CONTENTS.—The matters referred to in subsection
(c) are the following:
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H. R. 2401—45
(1) A cost and operational effectiveness analysis (COEA)
of 2.75-inch hypervelocity rockets, jointly developed by the mili-
tary services.
(2) If the analysis referred to in paragraph (1) validates
the requirement for such hypervelocity rockets, an evaluation
(prepared jointly by the Army and the Navy) of the feasibility
of incorporating hypervelocity rocket technology into the
Advanced Rocket System.
(3) A plan (prepared jointly by the Army and the Navy)
for the transition of total responsibility for 2.75-inch rocket
systems to the Rocket Management Office of the Army.
SEC. 223. STANDOFF 
AIR-TO-SURFACE 
MUNITIONS 
TECHNOLOGY
DEMONSTRATION.
(a) IN GENERAL.—(1) Of the amounts authorized to be appro-
priated pursuant to section 201, up to $2,000,000 of the amount
for the Navy and up to $2,000,000 of the amount for the Air
Force may be used for the conduct of a demonstration of
nondevelopmental technology that would enable the use of a single
adaptor kit for munitions described in paragraph (2) in order to
give those munitions a standoff, near-precision guided capability.
(2) Paragraph (1) applies to unguided, in-inventory munitions
of the class of 1,000 pounds and below.
(b) REQUEST FOR INFORMATION.—Not later than 60 days after
the date of the enactment of this Act, the Secretary of the Navy
shall issue a request for information for nondevelopmental muni-
tions adaptor kits for the purpose described in subsection (a).
(c) CONTRACTOR SELECTION.—Not later than 30 days after the
closing date of the request for information under subsection (b),
the Secretary of the Navy shall determine whether any of the
responses received have sufficient technical merit to justify the
conduct of a technology demonstration. If the Secretary determines
that the conduct of such a technology demonstration is justified,
the Secretary shall select the single most promising technology
offered, if applicable, for that demonstration.
(d) TECHNOLOGY DEMONSTRATION.—If the Secretary determines
under subsection (c) that a technology demonstration is warranted,
the Secretary shall require the contractor selected to complete a
suitable nondevelopmental item demonstration of the contractor’s
adaptor kit proposal.
(e) REPORT.—If a contractor is selected in accordance with
subsection (c) and a demonstration is accomplished in accordance
with subsection (d), the Secretary of the Navy shall submit to
the congressional defense committees a report detailing the results
and costs of the demonstration and the applicability of the tech-
nology demonstrated in providing the Armed Forces with an
inexpensive solution to providing near-precision guided munition
capability to in-inventory munitions.
SEC. 224. STANDARD EXTREMELY HIGH FREQUENCY WAVEFORM.
The Secretary of Defense, acting through the Under Secretary
of Defense for Acquisition and Technology, shall establish a single
standard for all components of the Department of Defense for
the set of waveforms to be used for medium data rate (MDR)
communications using an extremely high frequency (EHF) band.
The standard shall be established not later than June 1, 1994.
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H. R. 2401—46
SEC. 225. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED
ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN
SPACE.
The Secretary of Defense may not carry out a test of the
Mid-Infrared Advanced Chemical Laser (MIRACL) transmitter and
associated optics against an object in space during 1994 unless
such testing is specifically authorized by law.
Subtitle C—Missile Defense Programs
SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS
FOR FISCAL YEAR 1994.
(a) TOTAL AMOUNT.—Of the amounts appropriated pursuant
to section 201 for fiscal year 1994 or otherwise made available
to the Department of Defense for research, development, test, and
evaluation for fiscal year 1994, not more than $2,638,992,000 may
be obligated for programs managed by the Ballistic Missile Defense
Organization.
(b) ALLOCATION TO PROGRAM ELEMENTS.—Of the amount speci-
fied in subsection (a)—
(1) not more than $1,450,992,000 shall be available for
programs, projects, and activities within the Theater Missile
Defense program element;
(2) not more than $650,000,000 shall be available for pro-
grams, projects, and activities within the Limited Defense Sys-
tem program element; and
(3) a total of not more than $538,000,000 shall be available
for programs, projects, and activities within the Research and
Support Activities program element, including funding for the
Small Business Innovation Research Program and the Small
Business Technology Transfer Program.
(c) TRANSFER AUTHORITIES.—(1) Notwithstanding the limita-
tions set forth in paragraphs (1) through (3) of subsection (b),
the Secretary of Defense may transfer funds among the program
elements managed by the Ballistic Missile Defense Organization.
The total amount that may be transferred pursuant to the preceding
sentence—
(A) from any program element named in subsection (b)
may not exceed 10 percent of the amount specified for that
program element in subsection (b); and
(B) to any program element named in subsection (b) may
not result in an increase by more than 10 percent of the
amount specified for that program element in that subsection.
(2) The authority under paragraph (1) may not be used to
transfer funds from the Theater Missile Defense program element.
(3) The authority under paragraph (1) may not be used to
transfer funds from the Limited Defense System program element
to the program element for Research and Support Activities.
(4) Amounts transferred pursuant to paragraph (1) shall be
merged with and be available for the same purposes as the amounts
to which transferred.
(d) LIMITATIONS.—None of the funds authorized to be obligated
under subsection (a) may be obligated for the Brilliant Eyes space-
based sensor program. Such funds may be obligated for the Brilliant
Pebbles program only within the Research and Support Activities
program element and in an amount not in excess of $35,000,000.
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H. R. 2401—183
inserting in lieu thereof ‘‘Under Secretary of Defense for Acquisition
and Technology’’.
(2) Section 5314 of such title is amended by striking out ‘‘Deputy
Under Secretary of Defense for Acquisition’’ and inserting in lieu
thereof ‘‘Deputy Under Secretary of Defense for Acquisition and
Technology’’.
(f) REFERENCES IN OTHER LAWS.—Any reference to the Under
Secretary of Defense for Acquisition or the Deputy Under Secretary
of Defense for Acquisition in any provision of law other than title
10, United States Code, or in any rule, regulation, or other paper
of the United States shall be treated as referring to the Under
Secretary of Defense for Acquisition and Technology or the Deputy
Under Secretary of Defense for Acquisition and Technology,
respectively.
SEC. 905. ASSISTANT SECRETARY OF DEFENSE FOR LEGISLATIVE
AFFAIRS.
Section 138(b) of title 10, United States Code, as redesignated
by section 901(a)(1), is amended by adding at the end the following
new paragraph:
‘‘(5) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Legislative Affairs. He shall have as his
principal duty the overall supervision of legislative affairs of the
Department of Defense.’’.
SEC. 906. FURTHER CONFORMING AMENDMENTS TO CHAPTER 4 OF
TITLE 10, UNITED STATES CODE.
(a) COMPOSITION OF OSD.—Subsection (b) of section 131 of
title 10, United States Code, is amended to read as follows:
‘‘(b) The Office of the Secretary of Defense is composed of
the following:
‘‘(1) The Deputy Secretary of Defense.
‘‘(2) The Under Secretary of Defense for Acquisition and
Technology.
‘‘(3) The Under Secretary of Defense for Policy.
‘‘(4) The Comptroller.
‘‘(5) The Under Secretary of Defense for Personnel and
Readiness.
‘‘(6) The Director of Defense Research and Engineering.
‘‘(7) The Assistant Secretaries of Defense.
‘‘(8) The Director of Operational Test and Evaluation.
‘‘(9) The General Counsel of the Department of Defense.
‘‘(10) The Inspector General of the Department of Defense.
‘‘(11) Such other offices and officials as may be established
by law or the Secretary of Defense may establish or designate
in the Office.’’.
(b) TABLE OF SECTIONS.—The table of sections at the beginning
of chapter 4 of such title is amended to read as follows:
‘‘Sec.
‘‘131. Office of the Secretary of Defense.
‘‘132. Deputy Secretary of Defense.
‘‘133. Under Secretary of Defense for Acquisition and Technology.
‘‘133a. Deputy Under Secretary of Defense for Acquisition and Technology.
‘‘134. Under Secretary of Defense for Policy.
‘‘134a. Deputy Under Secretary of Defense for Policy.
‘‘135. Comptroller.
‘‘136. Under Secretary of Defense for Personnel and Readiness.
‘‘137. Director of Defense Research and Engineering.
‘‘138. Assistant Secretaries of Defense.
‘‘139. Director of Operational Test and Evaluation.
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H. R. 2401—317
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following
table:
Navy: Family Housing
State
Installation
Purpose
Amount
California .........
San Diego Navy
Public Works
Center ...............
318 units ..........
$36,571,000
District of Co-
lumbia ...........
Washington Navy
Public Works
Center ...............
188 units ..........
$21,556,000
Florida ..............
Pensacola Navy
Public Works
Center ...............
Housing Self
Help/Ware-
house .............
$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
Whidbey Island,
Naval Air Sta-
tion ....................
106 units ..........
$10,000,000
United Kingdom
London Naval Ac-
tivities Support
81 units ............
$15,470,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of military family hous-
ing units in an amount not to exceed $22,924,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may
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H. R. 2401—323
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(8)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition) at the
installations, for the purposes, and in the amounts set forth in
the following table:
Air Force: Family Housing
State or Coun-
try
Installation
Purpose
Amount
Alabama ...........
Maxwell Air Force
Base ...................
55 units ............
$4,080,000
Arkansas ..........
Little Rock Air
Force Base ........
Housing Office/
Maintenance
Facility ..........
$980,000
California .........
Vandenberg Air
Force Base ........
166 units ..........
$21,907,000
Florida ..............
Patrick Air Force
Base ...................
155 units ..........
$15,388,000
Tyndall Air Force
Base ...................
Infrastructure ..
$5,732,000
Georgia .............
Robins Air Force
Base ...................
117 units ..........
$7,424,000
Louisiana ..........
Barksdale Air
Force Base ........
118 units ..........
$8,578,000
Massachusetts ..
Hanscom Air
Force Base ........
48 units ............
$5,135,000
Montana ...........
Malmstrom Air
Force Base ........
Housing Office .
$581,000
Texas ................
Dyess Air Force
Base ...................
Housing Main-
tenance Facil-
ity ..................
$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
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(8)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $11,901,000.
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H. R. 2401—329
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Ellsworth Air Force Base, South
Dakota ..........................................
$1,400,000
Fairchild Air Force Base, Wash-
ington ............................................
$8,250,000
Fort Detrick, Maryland ..................
$4,300,000
Fort Eustis, Virginia .......................
$3,650,000
Fort Sam Houston, Texas ..............
$4,800,000
Grand Forks Air Force Base,
North Dakota ...............................
$860,000
Marine Corps Air Station, Yuma,
Arizona .........................................
$6,000,000
Naval Education Training Center,
Rhode Island ................................
$4,000,000
Offutt Air Force Base, Nebraska ...
$1,100,000
National Security
Agency ....................
Fort Meade, Maryland ....................
$58,630,000
Office Secretary of
Defense ..................
CONUS Classified ..........................
$5,600,000
Section 6 Schools ......
Camp Lejeune, North Carolina .....
$1,793,000
Fort Bragg, North Carolina ...........
$8,838,000
Fort Campbell, Kentucky ...............
$13,182,000
Fort Knox, Kentucky ......................
$7,707,000
Fort McClellan, Alabama ...............
$2,798,000
Fort Polk, Louisiana .......................
$4,950,000
Quantico Marine Corps Base, Vir-
ginia ..............................................
$422,000
Robins Air Force Base, Georgia .....
$3,160,000
Special Operations
Force ......................
Eglin Auxiliary Field No. 9, Flor-
ida .................................................
$19,582,000
Fort Campbell, Kentucky ...............
$6,950,000
Fort Bragg, North Carolina ...........
$38,450,000
Little Creek Naval Amphibious
Base, Virginia ...............................
$7,500,000
Olmstead Field, Pennsylvania .......
$1,300,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
and locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Logistics
Agency ....................
Diego Garcia ....................................
$9,558,000
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H. R. 2401—330
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Office Secretary of
Defense ...................
Classified location ...........................
$10,755,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(12), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title
10, United States Code.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1993, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments), in the total amount of $3,268,394,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $266,902,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $20,313,000.
(3) For military construction projects at Fort Sam Houston,
Texas, hospital replacement, authorized by section 2401(a) of
the Military Construction Authorization Act, 1987 (division B
of Public Law 99–661; 100 Stat. 4035), $50,000,000.
(4) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101–189; 103 Stat. 1640), $20,000,000.
(5) For military construction projects at Walter Reed
Institute of Research, Maryland, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102–484; 106 Stat. 2599),
$15,000,000.
(6) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by section
2401(a) of the Military Construction Authorization Act for Fis-
cal Year 1993 (division B of Public Law 102–484; 106 Stat.
2599), $37,000,000.
(7) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102–484; 106 Stat. 2599),
$35,000,000.
(8) For military construction projects at Millington Naval
Air Station, Tennessee, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102–484; 106 Stat. 2599), $5,000,000.
(9) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $21,658,000.
(10) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$12,200,000.
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H. R. 2401—336
Air Force: Extension of 1991 Project Authorizations
State
Installation or lo-
cation
Project
Amount
Oklahoma ........
Tinker Air Force
Base .....................
AWACS Aircraft
Fire Protection
$2,750,000
Texas ................
Dyess Air Force
Base .....................
Corrosion Con-
trol Facility .....
$4,100,000
Utah .................
Hill Air Force Base
Depot Ware-
house ...............
$16,000,000
Defense Agencies: Extension of 1991 Project Authorization
State
Installation or lo-
cation
Project
Amount
Maryland .........
Defense Logistics
Agency, Defense
Reutilization and
Marketing Office,
Fort Meade ..........
Covered Storage
$9,500,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL
YEAR 1990 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701(b) of the Mili-
tary Construction Authorization Act for Fiscal Years 1990 and
1991 (division B of Public Law 101–189; 103 Stat. 1645), authoriza-
tions for the projects set forth in the table in subsection (b), as
provided in section 2301 of that Act (103 Stat. 1631) and extended
by section 2702(b) of the Military Construction Authorization Act
for Fiscal Year 1992 (division B of Public Law 102–190; 105 Stat.
1535) and section 2702 of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102–484; 106
Stat. 2604), shall remain in effect until October 1, 1994, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 1995, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 1990 Project Authorizations
State
Installation
Project
Amount
Colorado ...........
Lowry Air Force
Base .....................
Computer oper-
ations facility ..
$15,500,000
Logistics support
facility .............
$3,500,000
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H. R. 2401—337
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of—
(1) October 1, 1993; and
(2) the date of the enactment of this Act.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. MILITARY FAMILY HOUSING LEASING PROGRAMS.
(a) LEASES IN UNITED STATES, PUERTO RICO, OR GUAM.—Sub-
section (b) of section 2828 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4) At the beginning of each fiscal year, the Secretary con-
cerned shall adjust the maximum lease amount provided for under
paragraphs (2) and (3) for the previous fiscal year by the percentage
(if any) by which the Consumer Price Index for All Urban Consum-
ers, published by the Bureau of Labor Statistics, during the preced-
ing fiscal year exceeds such Consumer Price Index for the fiscal
year before such preceding fiscal year.’’.
(b) LEASES
IN FOREIGN COUNTRIES.—Subsection (e) of such
section is amended—
(1) in the first sentence of paragraph (1), by striking out
‘‘as adjusted for foreign currency fluctuation from October 1,
1987.’’ and inserting in lieu thereof ‘‘, except that 300 units
may be leased in foreign countries for not more than $25,000
per unit per year.’’;
(2) in the second sentence of paragraph (1), by striking
out ‘‘That maximum lease amount’’ and inserting in lieu thereof
‘‘These maximum lease amounts’’; and
(3) by redesignating paragraph (2) as paragraph (4); and
(4) by inserting after paragraph (1) the following new para-
graphs:
‘‘(2) In addition to the 300 units of family housing referred
to in paragraph (1) for which the maximum lease amount is $25,000
per unit per year, the Secretary of the Navy may lease not more
than 2,000 units of family housing in Italy subject to that maximum
lease amount.
‘‘(3) The Secretary concerned shall adjust the maximum lease
amounts provided for under paragraphs (1) and (2) for the previous
fiscal year—
‘‘(A) for foreign currency fluctuations from October 1, 1987;
and
‘‘(B) at the beginning of each fiscal year, by the percentage
(if any) by which the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics, during
the preceding fiscal year exceeds such Consumer Price Index
for the fiscal year before such preceding fiscal year.’’.
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H. R. 2401—375
‘‘(g) In this section, the term ‘base closure law’ means each
of the following:
‘‘(1) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note).
‘‘(2) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100–526;
10 U.S.C. 2687 note).
‘‘(3) Section 2687 of this title.’’.
SEC. 2907. AUTHORITY TO CONTRACT FOR CERTAIN SERVICES AT
INSTALLATIONS BEING CLOSED.
(a) BASE CLOSURES UNDER 1988 ACT.—Section 204(b) of the
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100–526; 10 U.S.C. 2687 note),
as amended by section 2902(a)(1)(B), is further amended by adding
at the end the following:
‘‘(8)(A) Subject to subparagraph (C), the Secretary may contract
with local governments for the provision of police services, fire
protection services, airfield operation services, or other community
services by such governments at military installations to be closed
under this title if the Secretary determines that the provision
of such services under such contracts is in the best interests of
the Department of Defense.
‘‘(B) The Secretary may exercise the authority provided under
this paragraph without regard to the provisions of chapter 146
of title 10, United States Code.
‘‘(C) The Secretary may not exercise the authority under
subparagraph (A) with respect to an installation earlier than 180
days before the date on which the installation is to be closed.
‘‘(D) The Secretary shall include in a contract for services
entered into with a local government under this paragraph a clause
that requires the use of professionals to furnish the services to
the extent that professionals are available in the area under the
jurisdiction of such government.’’.
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905(b) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as amended
by section 2905(b) of this Act, is further amended by adding at
the end the following:
‘‘(7)(A) Subject to subparagraph (C), the Secretary may contract
with local governments for the provision of police services, fire
protection services, airfield operation services, or other community
services by such governments at military installations to be closed
under this part if the Secretary determines that the provision
of such services under such contracts is in the best interests of
the Department of Defense.
‘‘(B) The Secretary may exercise the authority provided under
this paragraph without regard to the provisions of chapter 146
of title 10, United States Code.
‘‘(C) The Secretary may not exercise the authority under
subparagraph (A) with respect to an installation earlier than 180
days before the date on which the installation is to be closed.
‘‘(D) The Secretary shall include in a contract for services
entered into with a local government under this paragraph a clause
that requires the use of professionals to furnish the services to
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