Union Calendar No. 278
103D CONGRESS
2D SESSION
H. R. 4301
[Report No. 103–499]
A BILL
To authorize appropriations for fiscal year 1995 for
military activities of the Department of Defense,
to prescribe military personnel strengths for fis-
cal year 1995, and for other purposes.
MAY 10, 1994
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 278
103D CONGRESS
2D SESSION
H. R. 4301
[Report No. 103–499]
To authorize appropriations for fiscal year 1995 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 1995, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 26, 1994
Mr. DELLUMS (by request) introduced the following bill; which was referred
to the Committee on Armed Services
MAY 10, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 26, 1994]
A BILL
To authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1995, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1995’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(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.
Subtitle B—Army Programs
Sec. 111. Procurement of helicopters.
Subtitle C—Navy Programs
Sec. 121. Termination of Navy F–14A/B upgrade program.
Sec. 122. Limitation on acquisition of guidance systems for Trident II missiles.
Sec. 123. Prohibition on Trident II backfit.
Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
Subtitle D—Air Force Programs
Sec. 131. Intertheater airlift programs.
Sec. 132. B–2 bomber program cost limitation.
Sec. 133. Bomber force upgrade program.
Subtitle E—Defense-Wide Activities
Sec. 141. Ballistic missile early warning programs.
Subtitle F—National Defense Sealift Fund
Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN–76 construc-
tion.
Sec. 162. Fiscal year 1995 National Defense Sealift fund program.
Sec. 163. Transfer of excess amount to BRAC III account.
Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.
Subtitle G—Other Matters
Sec. 171. Transfer of USNS Maury.
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.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced Chemical
Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing requirements.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced lithography program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Defense experimental program to stimulate competitive research.
Sec. 219. Digital battlefield program.
Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.
Subtitle C—Missile Defense Programs
Sec. 231. Ballistic missile defense organization budget presentation.
Sec. 232. Theater missile defense programs.
Sec. 233. Theater missile defense risk reduction activities.
Sec. 234. Military satellite communications.
Sec. 235. Limitation on flight tests of certain missiles.
Subtitle D—Women’s Health Research
Sec. 241. Defense women’s health research program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Defense Business Operations Fund.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Olympics.
Subtitle B—Limitations
Sec. 311. Reports and limitation on transfer of certain operations and mainte-
nance funds.
Sec. 312. Limitation on retention of morale, welfare, and recreation funds by
military installations.
Sec. 313. Prohibition on use of appropriated funds for operation of Armed Forces
Recreation Center, Europe.
Sec. 314. Limitation on use of specifications for procurement of subsistence items.
Subtitle C—Depot-Level Activities
Sec. 321. Findings.
Sec. 322. Modification of limitation on performance of depot-level maintenance.
Sec. 323. Limitation on the performance of depot-level maintenance of materiel
for new weapon systems.
Sec. 324. Audits to monitor cost growth of contracts to perform depot-level main-
tenance and repair.
Sec. 325. Consideration of costs of closing Department of Defense depots in cer-
tain cost comparisons.
Sec. 326. Authority for depot-level activities of the Department of Defense to com-
pete for maintenance and repair workloads of other Federal
agencies.
Sec. 327. Authority of depots to provide services outside of the Department of De-
fense.
Sec. 328. Maintenance of sufficient depot-level facilities, activities, and employees
of the Department of Defense.
Sec. 329. Reutilization initiative for Army and Navy depot-level activities.
Subtitle D—Defense Business Operations Fund
Sec. 341. Oversight of Defense Business Operations Fund.
Sec. 342. Review by Comptroller General of charges imposed by Defense Business
Operations Fund.
Subtitle E—Department of Defense Domestic and Overseas Schools
Sec. 351. Reauthorization of Department of Defense domestic elementary and sec-
ondary schools for military dependents.
Sec. 352. Survey and pilot program for the transfer of Department of Defense do-
mestic dependent elementary and secondary schools to appro-
priate local educational agencies.
Sec. 353. Evaluation of schools of the defense dependents’ education system with
fewer than 150 students.
Sec. 354. Prohibition on tuition ceiling for schools of the defense dependents’ edu-
cation system.
Subtitle F—Other Matters
Sec. 361. Modification of fees paid by residents of Armed Forces Retirement
Home.
Sec. 362. National Guard youth program.
Sec. 363. Department of Defense food inventory program.
Sec. 364. Department of Defense special supplemental food program.
Sec. 365. Transportation of the remains of deceased retired members who die out-
side of the United States.
Sec. 366. Authority to transport the remains of certain deceased veterans on De-
partment of Defense aeromedical evacuation aircraft.
Sec. 367. Modification of Air Force support for the Civil Air Patrol.
Sec. 368. Review and report on use of operations and maintenance funds by the
Department of Defense.
Sec. 369. Requirement of comparative report on operations and maintenance
funding.
Sec. 370. Automated data processing programs of the Department of Defense.
Sec. 371. Review by Defense Inspector General of cost growth in certain contracts.
Sec. 372. Cost comparison studies for contracts for advisory and assistance serv-
ices.
Sec. 373. Requirement and plan for converting performance of certain positions
to performance by Department of Defense employees.
Sec. 374. Use of service contract funds for separation incentive programs for De-
partment of Defense employees.
Sec. 375. Non-Federal employment incentive pilot program.
Sec. 376. Uniform health benefits program for employees of the Department of
Defense assigned to nonappropriated fund instrumentalities.
Sec. 377. Operation of military exchange and commissary store at Naval Air Sta-
tion Fort Worth, Joint Reserve Center, Carswell Field.
Sec. 378. Ships’ stores.
Sec. 379. Program to commemorate World War II.
Sec. 380. One-year extension of certain programs.
Sec. 381. Clarification and codification of overseas military end strength limita-
tion.
Sec. 382. Authority to issue military identification cards to so-called honorary re-
tirees of the Naval and Marine Corps Reserves.
Sec. 383. Modification of statute of limitations for certain claims for personal
property damage or loss.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Limitation on deployment of divisions constituting Army contingency
force.
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. Active component members to be assigned for training compatibilty
with guard units.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authority for officers to serve on successive promotion boards.
Sec. 502. Army field grade officer strength limitations.
Sec. 503. Technical changes to provisions enacted by Warrant Officer Manage-
ment Act.
Sec. 504. Navy and Marine Corps limited duty officers.
Sec. 505. Retirement or enlistment of certain limited duty officers of the Navy
and Marine Corps.
Sec. 506. Temporary exclusion of Superintendent of Naval Academy from count-
ing toward number of senior admirals authorized to be on active
duty.
Sec. 507. Grade of heads of certain professional military education schools.
Subtitle B—Reserve Component Matters
Sec. 511. Selected Reserve activation authority.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Definition of active guard and reserve duty.
Sec. 514. Repeal of obsolete provisions pertaining to transfer of regular enlisted
members to the Retired Reserve.
Sec. 515. Guard and reserve transition initiatives.
Subtitle C—Other Matters
Sec. 521. Repeal of required reduction in recruiting personnel.
Sec. 522. Coast Guard force reduction transition benefits.
Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
Sec. 524. Authorized active duty strengths for Army enlisted members in pay
grade E–8.
Sec. 525. Reimbursement for certain losses of household effects during PCS moves.
Sec. 526. Victims’ advocates programs in Department of Defense.
Sec. 527. Prohibition of retaliatory actions against members of the Armed Forces
making allegations of sexual harassment or unlawful discrimi-
nation.
Sec. 528. Annual report on personnel readiness.
Sec. 529. Programs related to Desert Storm mystery illness.
Sec. 530. Upgrade of Armed Forces Staff College wargaming and other capabili-
ties.
Sec. 531. Prohibition on imposition of additional charges or fees for attendance
at certain academies.
Sec. 532. Authorization for instruction of civilian students at Foreign Language
Center of the Defense Language Institute.
Sec. 533. Sense of Congress concerning appropriate Department of Defense force
structure through 1997.
Sec. 534. Discharge of members who are permanently nonworldwide assignable.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Cost-of-living allowance for members of the uniformed services assigned
to high cost areas in the continental United States.
Sec. 603. Increase in subsistence allowance payable to members of Senior Reserve
Officers’ Training Corps.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Increase in authorized incentive special pay for certified registered
nurse anesthetists.
Sec. 612. Extension of authority for payment of aviation officer retention bonus
Subtitle C—Travel and Transportation Allowances
Sec. 621. Change in provision of transportation incident to personal emergencies
for members stationed outside the continental United States.
Sec. 622. Clarification of travel and transportation allowance of family members
incident to the serious illness or injury of members.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 631. Elimination of disparity between effective dates for military and civil-
ian retiree cost-of-living adjustments for fiscal year 1995.
Sec. 632. Clarification of calculation of retired pay for officers who retire in a
grade lower than the grade held at retirement.
Sec. 633. Crediting of reserve service of enlisted members for computation of re-
tired pay.
Sec. 634. Minimum required reserve service for eligibility for retired pay for
nonregular service during force drawdown period.
Sec. 635. SBP premiums for reserve-component child-only coverage.
Sec. 636. Discontinuation of insurable interest coverage under survivor benefit
plan.
Subtitle E—Other Matters
Sec. 641. Authority for survivors to receive payment for all leave accrued by de-
ceased members.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Revision of definition of dependents to include young people being
adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of
CHAMPUS, dependents’ dental program, and continued health
benefits coverage.
Sec. 703. Authorization for medical and dental care of abused dependents of cer-
tain members.
Sec. 704. Additional authorized health care service available through military
health care system.
Subtitle B—Changes to Existing Laws Regarding Health Care Management
Sec. 711. Expanded use of partnership and resource sharing programs for im-
proved cost-effectiveness.
Sec. 712. Imposition of enrollment fees for managed care plans.
Sec. 713. Strengthening managed health care authorities.
Sec. 714. Delay in deadline for use of health maintenance organization model as
option for military health care.
Sec. 715. Limitation on reduction in number of reserve component medical per-
sonnel.
Subtitle C—Other Matters
Sec. 721. Delay in closure of army hospital at Vicenza, Italy.
Sec. 722. Demonstration program for admission of civilians as physician assist-
ant students at Academy of Health Sciences, Fort Sam Houston,
Texas.
Sec. 723. Report on expanded use of nonavailability of health care statements.
Sec. 724. Sense of Congress on continuity of health care services for covered bene-
ficiaries in certain areas affected by base closures.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Assistance Programs
Sec. 801. Procurement technical assistance programs.
Subtitle B—Acquisition Improvement
PART I—GENERAL IMPROVEMENTS
Sec. 811. Congressional defense procurement policy.
Sec. 812. Repeal of requirement relating to production special tooling and pro-
duction special test equipment.
Sec. 813. Repeal of vouchering procedures section.
Sec. 814. Clarification of provision relating to quality control of certain spare
parts.
Sec. 815. Contractor guarantees regarding weapon systems.
PART II—MAJOR SYSTEMS STATUTES
Sec. 821. Weapon development and procurement schedules.
Sec. 822. Selected Acquisition Report requirement.
Sec. 823. Unit cost report requirement.
Sec. 824. Requirement for independent cost estimates and manpower estimates be-
fore development or production.
Sec. 825. Baseline description.
Sec. 826. Repeal of requirement for competitive prototyping in major programs.
Sec. 827. Repeal of requirement for competitive alternative sources in major pro-
grams.
PART III—TESTING STATUTES
Sec. 831. Authorization of less than full-up testing.
Sec. 832. Limitation on quantities to be procured for low-rate initial production.
Sec. 833. Operational test and evaluation of defense acquisition programs.
PART IV—CIVIL RESERVE AIR FLEET
Sec. 841. Definition of contractor.
Sec. 842. Consolidation of provisions relating to contractual commitment of air-
craft.
Sec. 843. Use of military installations by contractors.
PART V—MISCELLANEOUS
Sec. 851. Extension to Department of Defense generally of provision relating to
manufacture at factories and arsenals.
Sec. 852. Regulations on procurement, production, warehousing, and supply dis-
tribution functions.
Sec. 853. Repeal of requirements regarding product evaluation activities.
Sec. 854. Codification and revision of limitation on lease of vessels, aircraft, and
vehicles.
Sec. 855. Repeal of application of Public Contracts Act to certain naval vessel
contracts.
Sec. 856. Consolidation of limitations on procurement of goods other than Amer-
ican goods.
Sec. 857. Department of Defense acquisition of intellectual property rights.
Sec. 858. Department of Defense review of antitrust cases with national security
implications.
Subtitle C—Other Matters
Sec. 871. Environmental consequence analysis of major defense acquisition pro-
grams.
Sec. 872. Award of contracts and grants on the basis of competition.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANGAGEMENT
Sec. 901. Revision of National Guard Bureau charter.
Sec. 902. Army Reserve Command.
Sec. 903. Assignment of reserve forces to combatant commands.
Sec. 904. Budget support for reserve elements of Special Operations Command.
Sec. 905. Change of title of Comptroller of the Department of Defense to Under
Secretary of Defense (Comptroller).
Sec. 906. Reclarification of independent status of Director of Operational Test
and Evaluation.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Date for submission of future-years mission budget.
Subtitle B—Contingency Operations
Sec. 1021. Funding for contingency operations.
Subtitle C—Other Matters
Sec. 1031. Annual report on denial, revocation, and suspension of security clear-
ances.
Sec. 1032. Commission on Roles and Missions of the Armed Forces.
Sec. 1033. Prohibition on authorization of payment of costs under defense con-
tracts for restructuring costs of a merger or acquisition.
Sec. 1034. Transfer of certain B-17G aircraft.
Sec. 1035. USS Indianapolis (CA–35): gallantry, sacrifice and a decisive mission
to end WW II.
Sec. 1036. Sense of Congress concerning commendation of individuals exposed to
mustard agents during World War II testing activities.
Sec. 1037. Sense of Congress concerning eligibility for Armed Forces Expedition-
ary Medal based upon service in El Salvador.
TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE
Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition assistance
programs for fiscal year 1995.
Subtitle A—Defense Technology and Industrial Base, Defense Reinvestment,
and Defense Conversion
Sec. 1111. Funding of defense technology reinvestment programs for fiscal year
1995.
Sec. 1112. Clarification of eligible non-Department of Defense participants in
technology reinvestment projects.
Sec. 1113. Additional criteria for loan guarantees under the defense dual-use as-
sistance extension program.
Sec. 1114. Financial commitment requirements for small business concerns for
participation in technology reinvestment projects.
Sec. 1115. Conditions on funding of defense technology reinvestment projects.
Subtitle B—Community Adjustment and Assistance Programs
Sec. 1121. Funds for adjustment and diversification assistance for States and
local governments from Office of Economic Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification plan-
ning.
Subtitle C—Personnel Adjustment, Education, and Training Programs
Sec. 1131. Continuation of teacher and teacher’s aide placement programs.
Sec. 1132. Programs to place separated members and terminated defense employ-
ees in employment positions as public safety officers.
Sec. 1133. Pilot program to place separated members and terminated defense em-
ployees in teaching positions as bilingual math and science
teachers.
Sec. 1134. Demonstration project to assist separated members and terminated de-
fense workers to become business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method to assist
separated members and terminated defense workers.
Subtitle D—ARMS Initiative
Sec. 1141. Extension of Armament Retooling and Manufacturing Support Initia-
tive.
Subtitle E—Other Matters
Sec. 1151. Changes in notice requirements upon pending or actual termination
of defense programs.
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. Authorization of military construction project at Fort Bragg, North
Carolina, for which funds have been appropriated.
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. Restoration of authority to carry out military construction project at
Naval Supply Center, Pensacola, Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station, Florida.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Revision of family housing project at Tyndall Air Force Base, Florida.
Sec. 2306. Authorization of military construction projects at Tyndall Air Force
Base, Florida, for which funds have been appropriated.
Sec. 2307. Modification of Air Force Plant No. 3.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II missiles.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons Station,
Charleston, South Carolina.
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. Prohibition on using funds for unauthorized Guard and Reserve
projects.
Sec. 2603. Authorization of projects for which funds have been appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
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 1992 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Strengthening monetary limitation on renovation of facilities.
Sec. 2802. Navy housing investment agreements.
Sec. 2803. Navy Housing Investment Board.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Prohibition against consideration in base closure process of advance
economic planning undertaken by communities adjacent to mili-
tary installations.
Sec. 2812. Repayment of State and local costs incurred in connection with estab-
lishment of certain military installations selected for closure.
Sec. 2813. Limitation on sources of funds available to implement base closures
and realignments.
Sec. 2814. Prohibition on transfer of certain property located at military instal-
lations to be closed pending completion of redevelopment plans.
Sec. 2815. Report of effect of base closures on future mobilization options.
Subtitle C—Changes to Existing Land Conveyance Authority
Sec. 2821. Additional lessee of property at Naval Supply Center, Oakland, Cali-
fornia.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military Reservation,
Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons Industrial
Reserve Plant, New York, as nature preserve.
Sec. 2824. Release of reversionary interest retained as part of conveyance of elec-
tricity distribution system, Fort Dix, New Jersey.
Subtitle D—Land Conveyances
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City (Westover),
New York.
Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North Da-
kota.
Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista, California.
Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant, Calverton,
New York.
Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial Beach,
Coronado, California.
Sec. 2837. Release of requirements and reversionary interest on certain property
in Baltimore, Maryland.
Sec. 2838. Release of reversionary interest on certain property in York County,
James City County, and Newport News, Virginia.
Subtitle E—Other Matters
Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme, California, to
use certain navy property.
Sec. 2852. Environmental education and training program for defense personnel.
Sec. 2853. Repeal of restriction on land transactions relating to Presidio of San
Francisco, California.
Sec. 2854. Report on use of military installations in Okinawa.
Sec. 2855. Study of height restriction and avigation requirements surrounding
Eglin Air Force Base, Florida.
Sec. 2856. Continued operation of military medical treatment facility at K. I.
Sawyer Air Force Base, Michigan.
Sec. 2857. Technical amendment to correct reference in land transaction.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY 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. Transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement of conceptual design for request of construction funds.
Sec. 3127. Authority for emergency planning, design, and construction activities.
Sec. 3128. Funds available for all national security programs of the Department
of Energy.
Sec. 3129. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Worker protection at nuclear weapons facilities.
Sec. 3136. Worker health and protection.
Sec. 3137. Limitation on use of program direction funds.
Sec. 3138. Limitation on use of funds for new construction projects.
Sec. 3139. Limitation on use of funds for special access programs.
Sec. 3140. Prohibition on prefinancing.
Subtitle D—Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the Nevada Test
Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons production
cycle.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Conditions on authority to dispose of certain strategic and critical ma-
terials.
Sec. 3302. Rejection of change in stockpiling principles.
Sec. 3303. Limitations on the disposal of chromite and manganese ores.
Sec. 3304. Conditional prohibition on proposed disposal of zinc from National
Defense Stockpile.
Sec. 3305. Special program for conversion of low carbon ferro chromium to high
purity electrolytic chromium metal.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
TITLE XXXV—NAVAL PETROLEUM RESERVES
Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal year 1995.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means the Committees on Armed Services
and the Committees on Appropriations of the Senate and
House of Representatives.
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 fis-
cal year 1995 for procurement for the Army as follows:
(1) For aircraft, $1,301,452,000.
(2) For missiles, $685,136,000.
(3) For weapons and tracked combat vehicles,
$942,886,000.
(4) For ammunition, $854,833,000.
(5) For other procurement, $2,651,233,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1995 for procurement for the Navy
as follows:
(1) For aircraft, $4,588,007,000.
(2) For weapons, including missiles and tor-
pedoes, $2,223,246,000.
(3) 
For 
shipbuilding 
and 
conversion,
$6,869,897,000.
(4) For other procurement, $3,241,611,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1995 for procurement for
the Marine Corps in the amount of $528,352,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for procurement for the Air Force as follows:
(1) For aircraft, $6,101,767,000.
(2) 
For 
weapons 
including 
missiles,
$3,953,232,000.
(3) For other procurement, $6,855,423,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for defense-wide procurement in the amount
of $2,066,694,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for procurement for the Inspector General of
the Department of Defense in the amount of $1,000,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for procurement of aircraft, vehicles, commu-
nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $262,000,000.
(2) For the Air National Guard, $176,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $183,000,000.
(5) For the Air Force Reserve, $68,900,000.
(6) For the Marine Corps Reserve, $47,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) AUTHORIZATION.—There is hereby authorized to be
appropriated for fiscal year 1995 the amount of
$670,349,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment 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) ALLOCATION.—Of the funds specified in subsection
(a)—
(1) $365,084,000 is for operations and mainte-
nance;
(2) $284,465,000 is for procurement; and
(3) $20,800,000 is for research and development
efforts in support of the nonstockpile chemical weap-
ons program.
Subtitle B—Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
Sections 132 and 133 of the National Defense Author-
ization Act for Fiscal Years 1990 and 1991 (Public Law
101–189) are repealed.
Subtitle C—Navy Programs
SEC. 121. TERMINATION OF NAVY F–14A/B UPGRADE PRO-
GRAM.
(a) TERMINATION.—The Secretary of Defense shall ter-
minate the F–14A/B aircraft upgrade program.
(b) LIMITATION ON FUNDS.—None of the funds appro-
priated or otherwise made available to the Department of
Defense for procurement for fiscal year 1995 or a later fiscal
year may be obligated for the F–14A/B aircraft upgrade
program.
SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYS-
TEMS FOR TRIDENT II MISSILES.
No funds authorized to be appropriated for fiscal year
1995 for Mark 6 guidance systems for Trident II (D–5)
missiles may be obligated until the Secretary of Defense cer-
tifies to the congressional defense committees that, based
upon a review by the Secretary of the readiness, testing,
spares, and logistics requirements for the guidance system,
the inventory objective of 562 units of the guidance system
is required to support the inventory objective for Trident
II (D–5) missiles.
SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.
The Secretary of the Navy may not modify any Tri-
dent I submarine to enable that submarine to be deployed
with Trident II (D–5) missiles.
SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST
SEALIFT PROGRAM.
Section 1424(b) of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 7291 note) is
amended—
(1) by inserting ‘‘or converted’’ after ‘‘con-
structed’’ each place it appears; and
(2) by inserting ‘‘or conversion’’ after ‘‘construc-
tion’’ each place it appears.
Subtitle D—Air Force Programs
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.
(a) AUTHORIZATION.—Of the amount provided in sec-
tion 103 for procurement of aircraft for the Air Force—
(1) $550,000,000 shall be available for Non-De-
velopmental Alternative Aircraft procurement; and
(2) $1,856,402,000 shall be available for the C–
17 aircraft program, of which—
(A) $1,802,819,000 is for procurement of
four C–17 aircraft;
(B) $47,475,000 is for advance procurement
of four C–17 aircraft for fiscal year 1996; and
(C) $6,108,000 is for C–17 modifications.
(b) REQUIREMENT FOR COMPETITION.—The Secretary
of Defense shall use competitive procedures in selecting a
source for the aircraft to be procured as Non-Developmental
Alternative Aircraft under subsection (a).
(c) NOTICE TO CONGRESS.—Funds described in sub-
section (a) may not be obligated for procurement under sub-
section (a) until 60 days after the date which the Secretary
of Defense submits to the congressional defense committees
a report describing the Secretary’s plan for the obligation
of those funds.
(d) PRESERVATION OF INTERTHEATER AIRLIFT CA-
PACITY.—In acquiring aircraft under subsection (a), the
Secretary of Defense shall structure the acquisition of those
aircraft so as to preserve the aggregate intertheater airlift
capacity of the Air Force (measured in millions of ton-miles
per day) as of the date of the enactment of this Act.
SEC. 132. B–2 BOMBER PROGRAM COST LIMITATION.
In determining the expenditures to be applied against
the total program cost limitation of $28,968,000,000 (in fis-
cal year 1981 constant dollars) specified by law for the
B–2 bomber program, expenditures by the Department of
Defense associated with preserving the industrial facilities
used to produce that aircraft shall be included in that total
program cost.
SEC. 133. BOMBER FORCE UPGRADE PROGRAM.
(a) HEAVY BOMBER FORCE UPGRADE FUND.—From
funds authorized by section 104 for defense-wide procure-
ment activities, $100,000,000 shall be for a heavy bomber
force upgrade fund. The Secretary of Defense may obligate
amounts in the fund for—
(1) long-range heavy bombers that would other-
wise become attrition reserve aircraft;
(2) accelerating conventional mission upgrades
for the B–1 bomber; or
(3) a combination of expenditures under para-
graphs (1) and (2).
(b) NOTICE TO CONGRESS.—Funds described in sub-
section (a) may not be obligated until 30 days after the
date on which the Secretary of Defense submits to the con-
gressional defense committees notice of the Secretary’s pro-
posed expenditures from that fund for the purposes specified
in subsection (a).
Subtitle E—Defense-Wide Activities
SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.
(a) RISK MITIGATION FUND.—From funds authorized
by section 104 for defense-wide procurement, $300,000,000
shall be for a satellite early-warning assurance fund. The
Secretary of Defense may obligate amounts in the fund
for—
(1) continued procurement of Defense Support
Program (DSP) satellite number 24;
(2) accelerated development of the Alert, Locate,
and Report Missiles (ALARM) satellite program lead-
ing to launch of the first satellite under that program
no later than the first quarter of 2002;
(3) development of the Brilliant Eyes satellite
sensor system;
(4) acquisition of up to three additional interim
theater missile sensors; or
(5) a combination of expenditures under para-
graphs (1), (2), (3), and (4).
(b) NOTICE TO CONGRESS.—Funds described in sub-
section (a) may not be obligated until after the date on
which the Secretary of Defense submits to the congressional
defense committees notice of the Secretary’s proposed ex-
penditures from that fund for the purposes specified in sub-
section (a).
Subtitle F—National Defense
Sealift Fund
SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994
FUNDS TO CVN–76 CONSTRUCTION.
None of the fiscal year 1994 unauthorized sealift ap-
propriation (as defined in section 164) may be transferred
(pursuant to the provisions of an Act making appropria-
tions for a fiscal year after fiscal year 1994 or to authority
provided under such an Act) to funds appropriated for fis-
cal year 1994 or a later fiscal year for Shipbuilding and
Conversion, Navy, to be available for CVN–76 construction.
SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT
FUND PROGRAM.
(a) USE OF FISCAL YEAR 1994 UNAUTHORIZED SEA-
LIFT APPROPRIATION.—From the fiscal year 1994 unau-
thorized sealift appropriation (as defined in section 164),
the amount of $608,600,000 shall, to the extent provided
in appropriations Acts making appropriations for a fiscal
year after fiscal year 1994, be available for fiscal year 1995
programs to be carried out through the National Defense
Sealift Fund, of which—
(1) $546,400,000 is for the execution of new ship
construction contract options for construction of two
prepositioning surge ships;
(2) $43,000,000 is for procurement and installa-
tion of national defense sealift features on privately
owned, United States documented commercial roll-on/
roll-off vessels that are constructed after the date of
the enactment of this Act by a shipyard located in the
United States; and
(3) $19,200,000 is for research and development
of strategic sealift technology.
(b) DENIAL OF AUTHORIZATION OF APPROPRIATIONS
FOR FISCAL YEAR 1995.—No funds are authorized to be
appropriated to the National Defense Sealift Fund for fiscal
year 1995.
SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III AC-
COUNT.
From the fiscal year 1994 unauthorized sealift appro-
priation (as defined in section 164), the amount of
$591,400,000 shall, to the extent provided in appropriations
Acts, be transferred to, and deposited in, the account ‘‘BASE
REALIGNMENT AND CLOSURE ACCOUNT, PART III’’, to be
available for the same purposes, and subject to the same
limitations, as other funds in that account.
SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT AP-
PROPRIATION DEFINED.
For purposes of this subtitle, the term ‘‘fiscal year 1994
unauthorized sealift appropriation’’ means $1,200,000,000
of the amount appropriated for fiscal year 1994 to the Na-
tional Defense Sealift Fund (in title V of the Department
of Defense Appropriations Act, 1994 (Public Law 103–139;
107 Stat. 1435)).
Subtitle G—Other Matters
SEC. 171. TRANSFER OF USNS MAURY.
(a) IN GENERAL.—The Secretary of the Navy shall
transfer the USNS Maury (TAGS–39) to the Department
of Transportation for assignment as a training ship to the
California Maritime Academy at Vallejo, California. The
transfer shall be made on the date of the decommissioning
of that vessel.
(b) TERMS AND CONDITIONS.—(1) In carrying out
subsection (a), the Secretary shall deliver the vessel—
(A) at the place where the vessel is located on the
date of the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms
and conditions in connection with the transfer authorized
by this section as the Secretary considers appropriate.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army $5,425,303,000.
(2) For the Navy, $8,913,963,000.
(3) For the Air Force, $12,318,766,000.
(4) For Defense-wide activities, $9,325,708,000,
of which—
(A) $254,995,000 is authorized for the ac-
tivities of the Director, Test and Evaluation; and
(B) $12,501,000 is authorized for the Direc-
tor of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-
ATORY DEVELOPMENT.
(a) FISCAL YEAR 1995.—Of the amounts authorized
to be appropriated by section 201, $4,288,064,000 shall be
available for basic research and exploratory development
projects.
(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-
MENT DEFINED.—For purposes of this section, the term
‘‘basic research and exploratory development’’ means work
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1 or 6.2.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) POLICY.—(1) It is in the Nation’s long-term na-
tional security and economic interests to regain pre-
eminence in the area of space launch technology and oper-
ations.
(2) Access to space at affordable costs is fundamental
to maintaining required command, control, communica-
tions, intelligence, navigation, weather, and early warning
support to United States and coalition forces.
(3) Encouragement of privately financed, cost effective
expendable and reusable launch vehicles is in the economic
interest of the Department of Defense and the United States
Government.
(b) REQUIRED ACTIONS.—The Secretary of Defense
shall take the following actions in pursuance of the space
launch modernization policy set forth in subsection (a):
(1) Begin and complete a program to replace or
consolidate the current fleet of medium and heavy ex-
pendable launch vehicles with new or upgraded ex-
pendable launch vehicles or with a combination of ex-
pendable and reusable launch vehicles. The Secretary
shall initiate flight tests of new or upgraded expend-
able launch vehicles and of reusable launch vehicles
not later than 1998 to achieve an initial launch capa-
bility for selected replacement vehicles not later than
July 1, 2002. The program shall include a fly-before-
buy acquisition strategy with both advanced concept
technology demonstrations of expendable launch vehi-
cles and advanced technology demonstrations of reus-
able launch vehicles.
(2) For purposes of paragraph (1), initiate a
competitive Advanced Concept Technology Dem-
onstration program to achieve a cost reduction over
current medium and heavy expendable launch vehicles
of at least 15 percent in flyaway cost per pound (in
fiscal year 1994 dollars) and at least 25 percent re-
duction in launch operations costs per launch (in fis-
cal year 1994 dollars).
(3) Encourage and evaluate innovative acquisi-
tion, technical, and financing (including best com-
mercial practices) solutions for providing affordable,
operable, reliable, and responsive access to space.
(4) Centralize oversight of launch requirements
of the Department of Defense and other users to pre-
clude inflated requirements from escalating current
and future launch costs.
(5) Encourage and provide incentives for the use
of commercial practices in the acquisition, operation,
and support of Department of Defense space oper-
ations.
(6) Establish effective suitable coordination
among military, civilian, and commercial launch de-
velopers and users.
(c) ALLOCATION OF FUNDS.—Of the amount author-
ized to be appropriated in section 201(3), $200,000,000
shall be available for research, development, test, and eval-
uation of non-man-rated space launch systems and tech-
nologies. Of that amount—
(1) $100,000,000 shall be available only for a
competitive reusable rocket technology demonstration
program, including—
(A) use of at least 90 percent of such
amount for development and flight testing of one
or more technology demonstration vehicles, and
(B) further development of reusable rocket
technologies; and
(2) $100,000,000 shall be available only for an
Advanced Concept Technology Demonstration pro-
gram for expendable launch vehicles, including—
(A) competitive development and flight test-
ing of advanced concept technology demonstra-
tion vehicles, and
(B) further development of enhanced tech-
nologies related to expendable launch vehicles, in-
cluding Russian rocket propulsion technology.
(d) LIMITATIONS.—(1) Not more than 2 percent of the
funds made available by subsection (c) may be used for di-
rect and indirect Department of Defense-related program
office, contractor support, and management overhead costs.
(2) Program office staff may not exceed 10 individuals,
including contractor support.
(3) None of the funds authorized in this section may
be released or otherwise transferred for execution or obliga-
tion to any Government department, agency, or organiza-
tion outside the Department of Defense.
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECH-
NOLOGY DEMONSTRATION.
(a) IN GENERAL.—(1) Of the amounts authorized to
be appropriated 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 shall be used for the conduct of
a demonstration of nondevelopmental technology that would
enable the use of a single adaptor kit for munitions de-
scribed in paragraph (2) in order to give those munitions
a standoff and near-precision guided capability. Such
amounts shall be obligated not later than nine months after
the date of the enactment of this Act.
(2) Paragraph (1) applies to guided and unguided in-
inventory munitions of the class of 1,000 pounds and below.
(b) REPORT.—The Secretary of the Defense shall sub-
mit to the congressional defense committees a report setting
forth in detail the results and costs of the demonstration
and the applicability of the technology demonstrated in pro-
viding the Armed Forces with an inexpensive solution to
providing both range extension and near-precision guided
capability to in-inventory munitions.
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-IN-
FRARED 
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 fiscal year 1995 unless such testing is specifically
authorized by law.
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COM-
BAT SYSTEMS TESTING REQUIREMENTS.
(a) COVERED SYSTEMS.—Subsection (a) of section 220
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 107 Stat. 1589) is amended—
(1) by inserting ‘‘ACAT I level integrated or
stand-alone’’ before ‘‘electronic combat system’’; and
(2) by inserting ‘‘ACAT I level integrated or
stand-alone’’ before ‘‘command, control, and commu-
nications countermeasure system’’.
(b) APPLICABILITY.—Subsection (e) of section 220 of
such Act is amended to read as follows:
‘‘(e) APPLICABILITY.—The provisions of subsections
(a) and (b) shall apply to an ACAT I level integrated or
stand-alone electronic combat system and to an ACAT I
level integrated or stand-alone command, control, and com-
munications countermeasure system regardless of whether
development of the electronic combat system or the com-
mand, control, and communications countermeasure sys-
tem, as the case may be, began before, on, or after the date
of the enactment of this Act.’’.
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ)
PROGRAM.
(a) Subject to subsection (b), the Secretary of the Navy
shall, not later than September 30, 1994, obligate funds ap-
propriated to the Department of Defense for fiscal year
1994 and prior years to carry out logistics support, mainte-
nance, and integration of existing Advanced Self Protection
Jammer systems from the Navy inventory into the F–14D
aircraft for testing and evaluation. The Secretary may ac-
quire sufficient racks, spares, and logistic support, includ-
ing hardware and software, necessary to maintain the exist-
ing ASPJ systems in the Navy inventory.
(b) The Secretary of the Navy may obligate funds
under subsection (a) only to the extent provided in appro-
priations Acts.
(c) The Secretary of the Navy shall carry out sub-
section (a) notwithstanding section 122 of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2334).
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.
(a) PURPOSE.—The purpose of the Advanced Lithog-
raphy Program (hereinafter in this section referred to as
the ‘‘ALP’’) is to fund goal-oriented research and develop-
ment to be conducted in both the public and private sectors
to help achieve a competitive position for American lithog-
raphy tool manufacturers in the international market
place.
(b) CONDUCT OF PROGRAM.—(1) The program shall
be conducted in accordance with research and development
plans (including an interim plan) developed by the Semi-
conductor Technology Council, established in section 273 of
the National Defense Authorization Act for Fiscal Years
1988 and 1989 (15 U.S.C. 4603) (as amended by section
263 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 107 Stat. 1608)).
(2) The interim plan referred to in paragraph (1) shall
be the Semiconductor Industry Association (SIA) 1994 de-
velopment plan for lithography.
(c) PROGRAM MANAGEMENT.—The Advanced Research
Projects Agency (ARPA) shall be the executive agent for the
ALP and shall ensure seamless program planning of the
ALP into the full range of ARPA core electronics develop-
ment programs.
(d) FUNDING.—Of the funds authorized to be appro-
priated in section 201, $100,000,000 shall be available for
the advanced lithography program. Of that amount—
(1) $75,000,000 shall be available to conduct re-
search and development activities in accordance with
subsection (b); and
(2) $25,000,000 shall be available to procure ad-
vanced American-manufactured lithography tools for
evaluation at Government-owned or Government-
sponsored research facilities engaged in advanced li-
thography.
(e) REQUIREMENTS.—Not later than January 1,
1995—
(1) the President shall appoint to the Semi-
conductor Technology Council, referred to in sub-
section (a), the members listed in section 273(c) of the
National Defense Authorization Act for Fiscal Years
1988 and 1989 (15 U.S.C. 4603);
(2) the Under Secretary of Defense for Acquisi-
tion and Technology, in his capacity as Cochairman
of the Council, shall call a meeting of the Council for
the purpose of developing a national strategy for li-
thography;
(3) the Council shall issue a Department of De-
fense instruction for the operation of the Council; and
(4) the Council shall develop and submit to the
Secretary of Defense a plan for achieving the national
strategy for lithography.
(f) RESTRICTION.—After January 1, 1995, no funds
may be obligated by the Department of Defense for the High
Performance Computing Program (PE 602301E), Sematech
(PE 603745E), or Warbreaker (PE 603226E; Project
EE40) unless the events listed in subsection (e) have oc-
curred.
SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) AUTHORITY.—A Federally Funded Research and
Development Center (FFRDC) of the Department of Defense
that functions primarily as a research laboratory may re-
spond to solicitations and announcements under programs
authorized by the Federal Government for the purpose of
promoting the development and transfer of dual-use tech-
nology to the United States industrial sector if such
FFRDC meets the following conditions:
(1) The FFRDC is a collaborating member of a
United States industry-led team.
(2) The nature of such collaboration is that of a
precompetitive research and technology development
effort.
(b) USE OF COOPERATIVE AGREEMENTS.—An FFRDC
described in subsection (a) that responds to a solicitation
or announcement described in such subsection shall not be
considered to be engaging in a competitive procedure and
may use a cooperative research and development agreement
(as defined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)) or other
cooperative agreement as the instrument of participation
in the solicitation or announcement.
SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMU-
LATE COMPETITIVE RESEARCH.
(a) IN GENERAL.—(1) The Secretary, through the Di-
rector of Defense Research and Engineering, shall operate
a Defense Experimental Program to Stimulate Competitive
Research (hereinafter in this section referred to as
‘‘DEPSCoR’’) as part of the university research programs
of the Department of Defense.
(2) The objectives of DEPSCoR shall be—
(A) to enhance the competitiveness within the
peer-review system of investigators from academic in-
stitutions in eligible States; and
(B) to increase the probability of long-term
growth of competitive funding to investigators at in-
stitutions from eligible States.
(3) In order to carry out the objectives stated in para-
graph (2), DEPSCoR shall provide for activities which may
include competitive research awards, research infrastruc-
ture support, and graduate traineeships.
(4) DEPSCoR shall assist those States that—
(A) historically have received relatively little
Federal research and development funding; and
(B) have demonstrated a commitment to develop
their research bases and improve science and engi-
neering research and education programs at their
universities and colleges.
(b) DEFINITION.—The term ‘‘eligible States’’ means
States that have been designated by the Director of the Na-
tional Science Foundation as eligible to participate in the
Experimental Program to Stimulate Competitive Research.
(c) COORDINATION.—The Secretary shall consult with
the Director of the National Science Foundation and the
Director of the Office of Science and Technology Policy in
the planning, development, and execution of DEPSCoR and
shall coordinate the Department’s program with similar
programs sponsored by other Federal agencies. All solicita-
tions shall be made to, and all awards shall be made
through, the State committees established by the National
Science Foundation for the purpose of administering the
Experimental Program to Stimulate Competitive Research.
The State committees shall ensure that the DEPSCoR pro-
gram is coordinated with other Federal Experimental Pro-
gram to Stimulate Competitive Research initiatives in their
respective States.
SEC. 219. DIGITAL BATTLEFIELD PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of
the Army shall establish a Digital Battlefield program to
provide enhancements required to field components for a
digitalized battlefield by 1996. These enhancements shall in-
clude electronics, second-generation forward-looking infra-
red technology, and communications for major platforms
and development of applique packages for platforms without
embedded digital systems.
(b) FUNDING.—Of the amounts authorized to be appro-
priated pursuant to section 201, $50,000,000 shall be avail-
able for fiscal year 1995 for the digital battlefield program
(PE 203758A).
(c) PROGRAM LIMITATION.—None of the funds appro-
priated pursuant to section 201 for the digital battlefield
program (PE 203758A) for the Army for fiscal year 1995
may be obligated for research and development activities for
development or integration of such program until the Sec-
retary of the Army—
(1) establishes, and programs funds for, a re-
search and development program to enhance the proc-
essing and memory capability of the electronic sys-
tems on the Abrams tank to make the M1/M1A2
Abrams tank compatible and interoperable with the
digital battlefield, when placed into service;
(2) restructures the M1 Abrams tank upgrade
program to incorporate the enhancements produced by
the research and development program established
under paragraph (1);
(3) transmits to the congressional defense com-
mittees a report providing notice of the restructured
M1A2 program under paragraph (2) and a descrip-
tion of the program;
(4) coordinates with the Secretary of the Navy to
include the Marine Corps in the Army’s plans for the
digital battlefield; and
(5) transmits to the congressional defense com-
mittees a report describing—
(A) the Army’s plan of actions and mile-
stones for defining the overall system architecture
for the digital battlefield, the standards and pro-
tocols for the digital battlefield, and resulting re-
quirements;
(B) how those requirements affect or will af-
fect the major platforms that will make up the
digital battlefield; and
(C) the manner in which coordination with
the Secretary of the Navy under paragraph (4)
is being carried out.
SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP
QUAY CAUSEWAY PROGRAM.
(a) FINDINGS.—Congress makes the following findings:
(1) The concepts of the sea-going Mobile Off-
Shore Base and the related Landing Ship Quay
Causeway could result in significant improvements in
the capability for the Armed Forces to respond to cri-
ses in those areas where land bases are not available
for use by those forces.
(2) The potential development and acquisition
costs of the Mobile Off-Shore Base and the Landing
Ship Quay Causeway are such that any program for
development of the Mobile Off-Shore Base or the
Landing Ship Quay Causeway should be designated
as a major defense acquisition program.
(b) LIMITATION.—No funds are authorized for fiscal
year 1995 for research and development for a Mobile Off-
Shore Base or a Landing Ship Quay Causeway program.
The Secretary of Defense may not develop or acquire a Mo-
bile Off-Shore Base or a Landing Ship Quay Causeway
until both of the following occur:
(1) The military requirement for a Mobile Off-
Shore Base and a Landing Ship Quay Causeway, as
reflected in operational requirements documents, is
approved by the Joint Requirements Oversight Coun-
cil.
(2) The Secretary of Defense certifies to the con-
gressional defense committees that—
(A) there is a validated requirement for the
Mobile Off-Shore Base or the Landing Ship
Quay Causeway; and
(B) the acquisition plan and program to
fulfill the requirement are established and are
funded to the end of the current future-years de-
fense program submitted pursuant to section 221
of title 10, United States Code.
Subtitle C—Missile Defense
Programs
SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION
BUDGET PRESENTATION.
In the budget of the President for any fiscal year,
amounts requested for the Ballistic Missile Defense Organi-
zation shall be set forth showing the amounts requested for
each individual program, project, and activity of that orga-
nization as well as the total amount requested for the orga-
nization.
SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.
(a) NAVAL THEATER MISSILE DEFENSE.—Of the
amount provided for the Ballistic Missile Defense Organiza-
tion under section 201 for Theater Missile Defense, not less
than $40,000,000 shall be available to support the aggres-
sive exploration of the Navy Upper Tier Program for Naval
Theater Missile Defense.
(b) ACCELERATED ADVANCED CONCEPT TECHNOLOGY
DEMONSTRATION PROGRAM.—The Secretary of Defense,
acting through the Director of the Ballistic Missile Defense
Organization, shall initiate during fiscal year 1995 an ac-
celerated Advanced Concept Technology Demonstration
Program to demonstrate the technical feasibility of using
the Navy’s Block IV Standard Missile combined with a kick
stage rocket motor and the lightweight Exoatmospheric Pro-
jectile (LEAP) as a near-term option for cost-effective wide-
area Theater Missile Defense.
(c) THEATER MISSILE DEFENSE PROGRAM PRIOR-
ITIES.—(1) The Secretary of Defense, acting through the
Director of the Ballistic Missile Defense Organization, shall
establish as the first priority of the Theater Missile Defense
Program the deployment of—
(A) a layered land-based Theater Missile Defense
capability consisting of the Patriot Advanced Capa-
bility (PAC–3) system and the Theater High-Altitude
Area Defense (THAAD) system; and
(B) a layered sea-based Theater Missile Defense
capability consisting of the Navy Lower Tier theater
missile defense program and the Navy Upper Tier
theater missile defense program.
(2) Each program referred to in paragraph (1) shall
be treated by the Department of Defense as a major acquisi-
tion program for funding purposes for fiscal years 1995
through 1999, as prescribed in the October 1993 report of
the Secretary of Defense entitled ‘‘Report on the Bottom Up
Review’’ and in Defense Planning Guidance.
SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION AC-
TIVITIES.
(a) IN GENERAL.—Of the amount provided in section
201 for Defense-Wide Activities, $210,000,000 is for theater
missile defense risk reduction activities of the Ballistic Mis-
sile Defense Organization. None of such amount may be ob-
ligated for a program specified in subsection (b) until 30
days after the date on which the Secretary of Defense sub-
mits to the congressional defense committees notice of the
Secretary’s plans to obligate funds for such program.
(b) PROGRAMS.—The programs referred to in sub-
section (a) are the following:
(1) The Extended-Range Interceptor (ERINT)
program.
(2) The Multi-Mode Missile.
(3) Sea-based lower tier systems.
(4) Sea-based upper tier systems.
SEC. 234. MILITARY SATELLITE COMMUNICATIONS.
(a) MILSTAR LIMITATION.—Of the amount author-
ized in section 201 for the MILSTAR satellite communica-
tions program, $50,000,000 may not be obligated until a
report setting forth the plan described in subsection (b) has
been received by the congressional defense committees.
(b) MILITARY COMMUNICATIONS MASTER PLAN.—The
Secretary of Defense shall develop a military communica-
tions master plan that addresses—
(1) the projected military communications re-
quirements of the Department of Defense;
(2) alternate and innovative ways of meeting
those requirements (including greater reliance on the
commercial sector); and
(3) methods to ensure that those elements of the
Department of Defense that create the demand for
such communications services are required to have an
important role in paying for the provision of those
services.
SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MIS-
SILES.
(a) LIMITATION.—The Secretary of Defense may not
conduct a flight test program of theater missile defense
interceptors and sensors if an anticipated result of the
launch of a missile under that test program would be release
of debris in a land area of the United States outside a des-
ignated Department of Defense test range.
(b) DEFINITION OF DEBRIS.—For purposes of sub-
section (a), the term ‘‘debris’’ does not include particulate
matter that is regulated for considerations of air quality.
(c) CERTAIN TESTING UNAFFECTED.—Nothing in this
section shall be construed as prohibiting or limiting testing
of cruise missiles, unmanned aerial vehicles (UAVs), or pre-
cision-guided munitions.
Subtitle D—Women’s Health
Research
SEC. 241. DEFENSE WOMEN’S HEALTH RESEARCH PRO-
GRAM.
(a) CONTINUATION OF THE PROGRAM.—The Secretary
of Defense shall continue the Defense Women’s Health Re-
search Program (hereinafter in this section referred to as
the ‘‘Program’’) established in fiscal year 1994 pursuant
to the authority in section 251 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1606). The Program shall continue under an
Army executive agency or agent and shall serve as the co-
ordinating agent for multidisciplinary and multi-institu-
tional research within the Department of Defense on wom-
en’s health issues related to service in the Armed Forces.
The Program also shall coordinate with research supported
by the Department of Health and Human Services and
other agencies that is aimed at improving the health of
women.
(b) IMPLEMENTATION PLAN.—If the Secretary of De-
fense intends to change the plan for the implementation of
the Program previously submitted to the Committees on
Armed Services of the Senate and House of Representatives,
the amended plan shall be submitted to such committees be-
fore implementation.
(c) PROGRAM ACTIVITIES.—The Program shall sup-
port health research into matters relating to the service of
women in the military, including the following matters:
(1) Epidemiologic research, including health care
needs of deployed women, patterns of illness and in-
jury, environmental and occupational hazards, side-
effects of pharmaceuticals and biologicals, and psy-
chological stress associated with military training, de-
ployment, traumatic incidents, and other military life
conditions.
(2) Data base development designed to facilitate
long-term research studies of women’s health issues,
and continued development and support of a military
women’s health information clearinghouse to serve as
an information resource for clinical, research, and
policy issues affecting women in the Armed Forces.
(3) Policies and standards issues, including re-
search supporting development of military standards
related to training, operations, deployment, and re-
tention and their relationship to factors affecting
women’s health.
(4) Research emphasizing interventions that have
a potential for affecting health issues associated with
women’s military service.
(d) FUNDING.—Of the amount authorized to be appro-
priated pursuant to section 201, $40,000,000 shall be avail-
able for the Program.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance in amounts as follows:
(1) For the Army, $17,362,741,000.
(2) For the Navy, $20,110,196,000.
(3) For the Marine Corps, $1,997,095,000.
(4) For the Air Force, $18,733,458,000.
(5) For Defense-wide activities, $9,513,523,000.
(6) For the Army Reserve, $1,255,057,000.
(7) For the Naval Reserve, $827,819,000.
(8) For the Marine Corps Reserve, $81,462,000.
(9) For the Air Force Reserve, $1,481,332,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,448,615,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,780,178,000.
(12) For the National Board for the Promotion
of Rifle Practice, $2,544,000.
(13) 
For 
the 
Defense 
Inspector 
General,
$147,172,000.
(14) For the Court of Military Appeals,
$6,152,000.
(15) For Environmental Restoration, Defense,
$2,655,200,000.
(16) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $714,200,000 (none of the
funds of which may be used to carry out section 1004
of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 374 note)).
(17) 
For 
Medical 
Programs, 
Defense,
$9,613,331,000.
(18) For the National Contingency Operation
Non-DBOF Costs Fund, $300,000,000.
(19) For Department of Defense World War II
50th Anniversary Program, $500,000.
SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for the
Defense Business Operations Fund in the amount of
$1,212,038,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1995 from the Armed Forces Retirement Home Trust
Fund the sum of $59,317,000 for the operation of the Armed
Forces Retirement Home, including the United States Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND RE-
PAIR WORK.
(a) INCREASED FUNDING FOR DEPARTMENT OF DE-
FENSE DEPOT-LEVEL ACTIVITIES.—Of amounts authorized
to be appropriated for fiscal year 1995 under section 301,
the amount that shall be available for the performance of
depot-level maintenance and repair work by depot-level ac-
tivities of the Department of Defense is the amount equal
to the sum of—
(1) the total amount requested in the President’s
budget for that fiscal year for the Department of De-
fense for the performance of depot-level maintenance
and repair work; and
(2) $600,000,000, of which—
(A) $300,000,000 shall be available for the
Army;
(B) $100,000,000 shall be available for the
Navy;
(C) $150,000,000 shall be available for the
Air Force; and
(D) $50,000,000 shall be available for the
Marine Corps.
(b) DECREASED FUNDING
FOR CONTRACTORS.—Of
amounts appropriated for fiscal year 1995 pursuant to sec-
tion 301, the amount that shall be available for the perform-
ance of depot-level maintenance and repair work by non-
Federal Government personnel is not more than the amount
equal to 40 percent of the total amount requested in the
President’s budget for that fiscal year for the Department
of Defense for the performance of depot-level maintenance
and repair work.
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
(a) AUTHORITY TO PROVIDE SUPPORT.—The Sec-
retary of Defense may provide logistical support and per-
sonnel services in connection with the 1996 games of the
XXVI Olympiad to be held in Atlanta, Georgia.
(b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—
(1) Except as provided in paragraph (2), the costs for pay
and nontravel-related allowances of members of the Armed
Forces for the support and services referred to in subsection
(a) may not be charged to appropriations made pursuant
to the authorization of appropriations in subsection (c).
(2) Paragraph (1) does not apply in the case of mem-
bers of a reserve component called or ordered to active duty
to provide logistical support and personnel services for the
games of the XXVI Olympiad.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $4,000,000 for the Depart-
ment of Defense for fiscal year 1995 to carry out subsection
(a).
Subtitle B—Limitations
SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CER-
TAIN OPERATION AND MAINTENANCE FUNDS.
(a) LIMITATION ON TRANSFER.—Section 116 of title
10, United States Code, is amended—
(1) by redesignating subsection (b) as subsection
(d); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) REPORTS ON TRANSFERS OF CERTAIN FUNDS.—
(1) Each report required by subsection (a) shall include a
report on the following:
‘‘(A) Each transfer of amounts provided in an
appropriation Act to the Department of Defense for
the activities referred to in paragraph (3) between ap-
propriations during the preceding fiscal year, includ-
ing the reason for the transfer.
‘‘(B) Each transfer of amounts provided in an
appropriation Act to the Department of Defense for
an activity referred to in paragraph (3) within that
appropriation for any other such activity during the
preceding fiscal year, including the reason for the
transfer.
‘‘(2) On May 1 of each year, the Secretary of Defense
shall submit to the Congress a report on the following:
‘‘(A) Each transfer during the first six months of
the fiscal year in which the report is submitted of
amounts provided in an appropriation Act to the De-
partment of Defense for the activities referred to in
paragraph (3) between appropriations, including the
reason for the transfer.
‘‘(B) Each transfer during the first six months
of the fiscal year in which the report is submitted of
amounts provided in an appropriation Act to the De-
partment of Defense for an activity referred to in
paragraph (3) within that appropriation for any
other such activity, including the reason for the
transfer.
‘‘(3) The activities referred to in paragraphs (1) and
(2) are the following:
‘‘(A) Activities for which amounts are appro-
priated for the Army for operations and maintenance
for operating forces for (i) combat units, (ii) tactical
support, and (iii) force-related training/special activi-
ties.
‘‘(B) Activities for which amounts are appro-
priated for the Navy for operations and maintenance
for operating forces for (i) mission and other flight
operations, (ii) mission and other ship operations,
(iii) fleet air training, and (iv) ship operational sup-
port and training.
‘‘(C) Activities for which amounts are appro-
priated for the Air Force for operations and mainte-
nance for operating forces for (i) primary combat
forces, (ii) primary combat weapons, (iii) global and
early warning, and (iv) air operations training.
‘‘(c) LIMITATION.—The Secretary of Defense may not
transfer an amount that exceeds $20,000,000 of amounts
provided in an appropriation Act to the Department of De-
fense for the activities referred to in subsection (b)(3) be-
tween appropriations or within that appropriation for any
other such activity until—
‘‘(1) the Congress is notified of the transfer; and
‘‘(2) a period of 30 days elapses after such notifi-
cation is received.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 116. Operations and maintenance activities: con-
gressional oversight’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 2 of such title is amend-
ed to read as follows:
‘‘116. Operations and maintenance activities: congressional oversight.’’.
(c) CONFORMING REPEAL.—Section 377 of the Na-
tional Defense Authorization Act for Fiscal Year 1994 (Pub-
lic Law 103–160; 107 Stat. 1638) is repealed.
SEC. 312. LIMITATION ON RETENTION OF MORALE, WEL-
FARE, AND RECREATION FUNDS BY MILITARY
INSTALLATIONS.
(a) LIMITATION.—Chapter 131 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2219. Retention of morale, welfare, and recreation
funds by military installations: limitation
‘‘Amounts may not be retained in a nonappropriated
morale, welfare, and recreation account of a military in-
stallation of a military department in excess of the amount
necessary to meet working capital requirements of that in-
stallation. Amounts in excess of that amount shall be trans-
ferred to a single, department-wide nonappropriated mo-
rale, welfare, and recreation account of the military depart-
ment.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2219. Retention of morale, welfare, and recreation funds by military installa-
tions: limitation.’’.
SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS
FOR OPERATION OF ARMED FORCES RECRE-
ATION CENTER, EUROPE.
No funds appropriated to the Department of Defense
for any fiscal year may be used to operate the Armed Forces
Recreation Center, Europe, except that such funds may be
used for the payment of utilities, emergency repairs, and
transportation of United States products for the Center.
SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR
PROCUREMENT OF SUBSISTENCE ITEMS.
(a) IN GENERAL.—Chapter 137 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2332. Subsistence items: limitation on use of speci-
fications and restrictions in procurement
of
‘‘(a) LIMITATION.—Except as provided in subsection
(b), the Secretary of Defense may not use specifications or
restrictions in the procurement of subsistence items for use
at military installations.
‘‘(b) EXCEPTION.—The Secretary of Defense may use
specifications and restrictions in the procurement of field
rations and shipboard rations (including tray packs and
meals ready-to-eat), except that any such specifications and
restrictions shall be developed consistent with the preference
of the Department of Defense for commercial items.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2332. Subsistence items: limitation on use of specifications and restrictions in
procurement of.’’.
Subtitle C—Depot-Level Activities
SEC. 321. FINDINGS.
The Congress finds the following:
(1) By providing the Armed Forces with a criti-
cal capacity to respond to the needs of the Armed
Forces for depot-level maintenance and repair of
weapon systems and equipment, the depot-level main-
tenance and repair activities of the Department of
Defense play an essential role in maintaining the
readiness of the Armed Forces.
(2) The consolidation of entities within the de-
fense industry has jeopardized the capability of the
defense industry to perform maintenance and repair
of weapon systems and equipment.
(3) The defense industry maintains not less than
60 percent of the total capability to perform mainte-
nance and repair of weapon systems and equipment.
(4) The capability of the depot-level maintenance
and repair activities of the Department of Defense to
perform maintenance and repair of weapon systems
and equipment should not be determined by policies
established by the defense industry.
(5) Reductions in the number of civilian employ-
ees of the depot-level maintenance and repair activi-
ties of the Department of Defense may account for ap-
proximately 80 percent of all reductions in the com-
ing years in the number of civilian employees of the
Department.
(6) An increase from one fiscal year to the next
in the amount of funds available for the maintenance
and repair of weapon systems and equipment does
not necessarily result in a corresponding increase in
the performance of such maintenance and repair.
SEC. 322. MODIFICATION OF LIMITATION ON PERFORM-
ANCE OF DEPOT-LEVEL MAINTENANCE.
(a) MODIFICATION.—Subsection (a) of section 2466 of
title 10, United States Code, is amended to read as follows:
‘‘(a) PERCENTAGE LIMITATION.—Not more than 40
percent of the funds made available in a fiscal year to a
military department or a Defense Agency for depot-level
maintenance and repair workload may be used to contract
for the performance by non-Federal Government personnel
of such workload for the military department or the Defense
Agency. Any such funds that are not used for such a con-
tract shall be used for the performance of depot-level mainte-
nance and repair workload by employees of the Department
of Defense.’’.
(b) INCLUSION OF REPAIR ACTIVITIES.—Subsection
(b) of such section is amended by inserting ‘‘and repair’’
after ‘‘maintenance’’ each place it appears.
(c) COMPUTATION OF PERCENTAGE.—Such section is
further amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) COMPUTATION OF PERCENTAGE.—In computing
for purposes of subsection (a) the percentage of funds re-
ferred to in that subsection that are used to contract for
the performance of depot-level maintenance and repair
workload by non-Federal Government personnel, the Sec-
retary of the military department, or in the case of a De-
fense Agency, the Secretary of Defense shall include in the
computation any funds provided for the performance by
such personnel of the following:
‘‘(1) Interim contractor support.
‘‘(2) Contract logistic support.
‘‘(3) Maintenance and repair workload above the
unit level.
‘‘(4) The provision of materials and parts by a
contractor to a depot.’’.
(d) REPORT.—Subsection (f) of such section, as redes-
ignated by subsection (c)(1), is amended to read as follows:
‘‘(f) REPORT.—Not later than January 15, 1995, the
Secretary of Defense shall submit to the Congress a report
describing the progress during the preceding fiscal year by
each military department and Defense Agency to achieve
and maintain the percentage of depot-level maintenance
and repair required to be performed by employees of the
Department of Defense pursuant to subsection (a).’’.
SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE OF MATERIEL FOR NEW
WEAPON SYSTEMS.
(a) LIMITATION.—Subsection (a) of section 2466 of
title 10, United States Code, as amended by section 322
of this Act, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Not more than 40
percent’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Secretary concerned shall, within 5 years
after the initial delivery of a weapon system by a contractor
to the Department of Defense, provide for the performance
by employees of the Department of Defense of not less than
60 percent of the depot-level maintenance of the weapon
system.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply only with respect to a weapon system
initially delivered after the date of the enactment of this
Act.
SEC. 324. AUDITS TO MONITOR COST GROWTH OF CON-
TRACTS TO PERFORM DEPOT-LEVEL MAINTE-
NANCE AND REPAIR.
(a) REQUIREMENT.—Chapter 146 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2470. Audits of cost growth in contracts to perform
depot-level maintenance and repair
‘‘The Secretary of Defense shall audit contracts entered
into by the Department of Defense for the performance of
depot-level maintenance and repair to monitor the costs in-
curred by the contractor to perform the contract. An audit
of a contract under this section shall be performed at least
once during the period in which the contract is performed
and shall take account of any costs incurred by the contract
in excess of the amount proposed by the contractor to per-
form the contract or in excess of costs incurred by the con-
tractor during the previous year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2470. Audits of cost growth in contracts to perform depot-level maintenance and
repair.’’.
SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPART-
MENT OF DEFENSE DEPOTS IN CERTAIN COST
COMPARISONS.
Section 2467 of title 10, United States Code, is
amended—
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) REQUIREMENT TO CONSIDER COSTS OF CLOSING
DEPOTS.—In any comparison conducted by the Depart-
ment of Defense of the cost of performing depot-level mainte-
nance and repair work by non-Federal Government person-
nel and the cost of performing such work by employees of
the Department of Defense, the Secretary of Defense shall,
to the maximum extent practicable, consider the estimated
cost (including the cost to perform any necessary environ-
mental restoration of the facility) that would be incurred
if the Department of Defense were required to close a De-
partment of Defense defense depot-level facility as a result
of awarding the contract to non-Federal Government per-
sonnel to perform such work.’’.
SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF
THE DEPARTMENT OF DEFENSE TO COMPETE
FOR MAINTENANCE AND REPAIR WORKLOADS
OF OTHER FEDERAL AGENCIES.
(a) IN GENERAL.—Chapter 146 of title 10, United
States Code, as amended by section 324 of this Act, is fur-
ther amended by adding at the end the following new
section:
‘‘§ 2471. Depot-level activities of the Department of De-
fense: authority to compete for mainte-
nance and repair workloads of other Fed-
eral agencies
‘‘A depot-level activity of the Department of Defense
shall be eligible to compete for the performance of any depot-
level maintenance and repair workload of a Federal agency
for which competitive procedures are used to select the en-
tity to perform the workload.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2471. Depot-level activities of the Department of Defense: authority to compete
for maintenance and repair workloads of other Federal agen-
cies.’’.
SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES
OUTSIDE OF THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Chapter 146 of title 10, United
States Code, as amended by section 326 of this Act, is fur-
ther amended by adding at the end the following new
section:
‘‘§ 2472. Persons outside the Department of Defense:
lease of excess depot-level equipment and
facilities by
‘‘(a) AUTHORITY TO LEASE EXCESS EQUIPMENT AND
FACILITIES.—Subject to subsection (b), the Secretary of a
military department and, with respect to a Defense Agency,
the Secretary of Defense, may lease excess equipment and
facilities of a depot-level activity of the military depart-
ment, or the Defense Agency, to a person outside the Depart-
ment of Defense for the performance of depot-level mainte-
nance and repair work by such person.
‘‘(b) LIMITATIONS.—A lease under subsection (a) may
be entered into only if—
‘‘(1) the lease of any such equipment or facilities
will not have a significant adverse effect on the readi-
ness of the armed forces, as determined by the Sec-
retary concerned;
‘‘(2) the person leasing such equipment or facili-
ties agrees to reimburse the Department of Defense for
the costs (both direct and indirect costs, including
any rental costs, as determined the Secretary con-
cerned) attributable to the lease of such equipment or
facilities;
‘‘(3) the person leasing such equipment or facili-
ties agrees to hold harmless and indemnify the United
States, except in cases of willful conduct or extreme
negligence, from any claim for damages or injury to
any person or property arising out the lease of such
equipment or facilities; and
‘‘(4) the person leasing such equipment or facili-
ties agrees to hold harmless and indemnify the United
States from any liability or claim for damages or in-
jury to any person or property arising out of a deci-
sion by the Secretary concerned to suspend or termi-
nate the lease in times of war or national emergency.
‘‘(c) CREDIT TO GENERAL FUND.—Any reimburse-
ment received under this section shall be credited to the Gen-
eral Fund of the Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2472. Persons outside the Department of Defense: lease of excess depot-level equip-
ment and facilities by.’’.
SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FA-
CILITIES, ACTIVITIES, AND EMPLOYEES OF
THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall maintain sufficient
depot-level activities and facilities of the Department of De-
fense and a sufficient number of employees of the Depart-
ment that are assigned to the performance of depot-level
maintenance and repair to carry out this subtitle and the
amendments made by this subtitle.
SEC. 329. REUTILIZATION INITIATIVE FOR ARMY AND NAVY
DEPOT-LEVEL ACTIVITIES.
(a) PILOT PROGRAM AUTHORIZED.—During fiscal
year 1995, the Secretary of Defense shall carry out a pilot
program to encourage commercial firms to enter into part-
nerships with depot-level activities of the Department of the
Army and the Department of the Navy for the purpose of—
(1) demonstrating commercial uses of such depot-
level activities that are related to the principal mis-
sion of such depot-level activities;
(2) preserving employment and skills of employ-
ees currently employed by such depot-level activities
or providing for the reemployment and retraining of
employees who, as the result of the closure, realign-
ment, or reduced in-house workload of such activities,
may become unemployed; and
(3) supporting the goals of other defense conver-
sion, reinvestment, and transition assistance pro-
grams while also allowing such depot-level activities
to remain in operation to continue to perform their
defense readiness mission.
(b) PARTICIPANTS
IN PILOT PROGRAM.—The Sec-
retary shall designate not less than five depot-level activities
of the Department of the Army and the Department of the
Navy to participate in the pilot program under this section.
Of these depot-level activities, at least two shall be depot-
level activities of the Department of the Army and at least
three shall be depot-level activities of the Department of the
Navy.
(c) CONDITIONS ON PILOT PROGRAM.—In carrying
out the pilot program under this section, the Secretary shall
ensure that the program—
(1) does not interfere with the closure or realign-
ment of a depot-level activity of the Department of the
Army or the Department of the Navy under a base
closure law; and
(2) does not adversely affect the readiness or pri-
mary mission of a participating depot-level activity.
(d) FUNDING
FOR
FISCAL
YEAR
1995.—Of the
amounts authorized to be appropriated under section 301,
$100,000,000 shall be available only to carry out the pilot
program under this section.
Subtitle D—Defense Business
Operations Fund
SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS
FUND.
(a) EXTENSION OF AUTHORITY.—Section 316(a) of the
National Defense Authorization Act for Fiscal Years 1992
and 1993 (10 U.S.C. 2208 note) is amended by striking
out ‘‘During the period’’ and all that follows through ‘‘De-
cember 31, 1994, the’’ and inserting in lieu thereof ‘‘The’’.
(b) LIMITATION ON TRANSFERS.—Except as otherwise
provided in this Act, the Secretary of Defense may not
transfer amounts to or from the Defense Business Oper-
ations Fund from or to any other account or source until
after the expiration of 30 days from the date on which the
Secretary transmits to the Congress a notification of the
Secretary’s intent to make the transfer.
(c) PROHIBITION ON ADVANCE CHARGES.—(1) After
September 30, 1995, the Secretary of Defense may not
charge for goods and services provided through the Defense
Business Operations Fund in advance of the provision of
such goods and services.
(2) The payment of amounts to the Defense Business
Operations Fund from another fund or activity of the De-
partment of the Defense may be made only for goods or serv-
ices actually provided by the Defense Business Operations
Fund.
(d) PURCHASE
FROM OTHER SOURCES.—The Sec-
retary of Defense or the Secretary of a military department
may purchase goods and services that are available for pur-
chase from the Defense Business Operations Fund from a
source other than the Defense Business Operations Fund if
the Secretary determines that such source offers a more com-
petitive rate for the goods and services than the Defense
Business Operations Fund offers.
(e) ANNUAL REPORTS AND BUDGET.—(1) The Sec-
retary of Defense shall annually submit to the Congress, at
the same time that the President submits the budget under
section 1105 of title 31, United States Code, the following:
(A) A detailed report that contains a statement
of all receipts and disbursements of the Defense Busi-
ness Operations Fund (including such a statement for
each subaccount of the Fund) for the year for which
the report is submitted.
(B) A detailed proposed budget for the operation
of the Defense Business Operations Fund for the fiscal
year for which the budget is submitted.
(2) Not later than September 30 each year, the Sec-
retary of Defense shall submit to the Congress a report that
contains a comparison of the amounts actually expended
for the operation of the Defense Business Operations Fund
for the fiscal year ending on that September 30 with the
amount proposed for the operation of the Defense Business
Operations Fund for that fiscal year in the President’s
budget.
(f) LIMITATION ON INCLUSION OF CERTAIN COSTS IN
DBOF CHARGES.—A charge for a good or service provided
through the Defense Business Operations Fund may not in-
clude amounts necessary to recover losses incurred by the
Defense Business Operations Fund that are unrelated to the
good or service or amounts to cover costs incurred in con-
nection with the closure or realignment of a military instal-
lation.
(g) LIMITATION ON ACCUMULATION OF FUNDS.—(1)
The Secretary of Defense shall establish billing procedures
to ensure that the balance in the Defense Business Oper-
ations Fund does not exceed $300,000,000 more than
amount necessary to provide for the working capital re-
quirements of the Defense Business Operations Fund, as de-
termined by the Secretary.
(2) The Secretary may waive the limitation described
in this subsection if the Secretary determines that such
waiver is critical to the national security of the United
States. The Secretary shall immediately notify the Congress
of any such waiver and the reasons for the waiver.
SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES
IMPOSED 
BY 
DEFENSE 
BUSINESS 
OPER-
ATIONS FUND.
(a) REVIEW.—The Comptroller General of the United
States shall review the charges for goods and services pro-
vided by the Defense Business Operations Fund, including
a review of—
(1) charges for goods and services provided by
the Defense Business Operations Fund, including a
comparison of charges imposed for the provision of
goods and services to the military departments and
Defense Agencies with charges imposed for the provi-
sion of goods and services to persons outside the De-
partment of Defense;
(2) charges imposed by the Defense Business Op-
erations Fund for overhead costs and service charges;
and
(3) the extent to which charges imposed by the
Defense Business Operations Fund provide an advan-
tage or disadvantage for the military departments
and Defense Agencies or for persons outside the De-
partment of Defense for whom such goods and services
are provided.
(b) REPORT.—Not later than April 15, 1995, the
Comptroller General of the United States shall submit to
the Congress a report on the results of the review conducted
under subsection (a) and the recommendations of the Comp-
troller General for any legislative and administrative ac-
tion the Comptroller General considers to be appropriate.
Subtitle E—Department of Defense
Domestic and Overseas Schools
SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DE-
FENSE DOMESTIC ELEMENTARY AND SEC-
ONDARY SCHOOLS FOR MILITARY DEPEND-
ENTS.
(a) CONTINUED AUTHORITY TO PROVIDE FOR EDU-
CATION OF MILITARY DEPENDENTS WHEN LOCAL AGEN-
CIES ARE UNABLE TO.—Chapter 108 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2164. Department of Defense domestic dependent
elementary and secondary schools
‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary of
Defense makes a determination that appropriate edu-
cational programs are not available through a local edu-
cational agency for dependents of members of the armed
forces residing on or near a military installation in the
United States (including territories, commonwealths, and
possessions of the United States), the Secretary may provide
for the elementary or secondary education of such depend-
ents.
‘‘(b) FACTORS TO BE CONSIDERED.—Factors to be
considered by the Secretary of Defense in making a deter-
mination under subsection (a) shall include the following:
‘‘(1) The extent to which such dependents are eli-
gible for free public education in the local area adja-
cent to the military installation.
‘‘(2) The extent to which the local educational
agency is able to provide an appropriate educational
program for such dependents. For purposes of this
section, an appropriate educational program, as de-
termined by the Secretary, is a program comparable
to a program of free public education provided for
children—
‘‘(A) in similar communities in the State,
in the case of a military installation located in
a State;
‘‘(B) in similar communities in adjacent
States, in the case of a military installation ad-
jacent to or located in more than one State; and
‘‘(C) in the District of Columbia, in the case
of a military installation located in a territory,
commonwealth, or possession, except that an ap-
propriate educational program under this sub-
paragraph is also a program of education con-
ducted in the English language.
‘‘(c) EDUCATION FOR DEPENDENTS OF FEDERAL EM-
PLOYEES.—(1) An individual who is a dependent of a Fed-
eral employee residing at any such military installation at
any time during the school year may enroll in an edu-
cational program provided by the Secretary of Defense pur-
suant to subsection (a).
‘‘(2)(A) Except as provided in subparagraph (B), an
individual who is a dependent of a Federal employee, who
is enrolled in an educational program provided by the Sec-
retary pursuant to subsection (a), and who is not living
on the military installation may be enrolled in the program
for not more than five consecutive school years.
‘‘(B) An individual referred to in subparagraph (A)
may be enrolled in the program for more than five consecu-
tive school years if the Secretary determines, after consider-
ation of the individual’s educational well-being, that good
cause exists to extend the enrollment for more than the five-
year period described in such subparagraph. Any such ex-
tension may be made for only one school year at a time.
‘‘(C) For purposes of this paragraph, the five-year pe-
riod described in subparagraph (A) begins on the date the
individual enrolls in the program pursuant to this section
or pursuant to any provision of law enacted before the date
of the enactment of this section that provided eligibility to
the individual for enrollment in a similar program.
‘‘(3) An individual enrolled in a program under this
subsection may participate in the program for the remain-
der of the school year notwithstanding a change in status
of the Federal employee with respect to whom the individual
is a dependent, except that any such individual may be re-
moved from enrollment in the program at any time for good
cause, as determined by the Secretary.
‘‘(d) ESTABLISHMENT OF SCHOOL BOARDS.—(1) The
Secretary of Defense shall provide for the establishment of
a school board for each Department of Defense elementary
or secondary school established for a military installation
under this section.
‘‘(2) Each school board established for a school under
paragraph (1) shall be elected by the parents of individuals
attending the school. Meetings conducted by the school board
shall be open to the public.
‘‘(3)(A) A school board elected for a school under this
subsection may develop fiscal, personnel, and educational
policies and procedures for the school, including fiscal, per-
sonnel, and educational program management, except that
the Secretary may issue any directive to the school board
and school administrative officials the Secretary considers
necessary for the effective operation of the school or the en-
tire school system.
‘‘(B) Any directive referred to in subparagraph (A)
shall, to the maximum extent practicable, be issued only
after consultation with appropriate school boards elected
under this subsection. The Secretary shall establish a proc-
ess by which a school board or school administrative offi-
cials may formally appeal such directives directly to the
Secretary. Consideration of such appeals may not be dele-
gated below the Secretary of Defense.
‘‘(e) STAFF.—(1) The Secretary of Defense, in coordi-
nation with the school board established for a school under
subsection (d), may enter into such arrangements as may
be necessary to provide educational programs under this
section.
‘‘(2) The Secretary may, without regard to the provi-
sions of any other law relating to the number, classification,
or compensation of employees—
‘‘(A) establish such positions for civilian employ-
ees in schools established under this section;
‘‘(B) appoint individuals to such positions; and
‘‘(C) fix the compensation of such individuals for
service in such positions.
‘‘(3)(A) Except as provided in subparagraph (B), in
fixing the compensation of employees appointed under
paragraph (2), the Secretary, in coordination with the
school board established for a school under subsection (d),
shall consider—
‘‘(i) the compensation of comparable employees
of the local educational agency in the capital of the
State where the military installation is located;
‘‘(ii) the compensation of comparable employees
in the local educational agency that provides public
education to students who live adjacent to the mili-
tary installation; or
‘‘(iii) the average compensation for similar posi-
tions in not more than three other local educational
agencies, as determined by the Secretary and the ap-
propriate local school boards in the State in which the
military installation is located.
‘‘(B) In fixing the compensation of employees in
schools established in the territories, commonwealths, and
possessions under this section or any other provision of law
enacted before the date of the enactment of this section that
provided for similar schools, the Secretary shall determine
the level of compensation required to attract qualified em-
ployees. For employees in such schools, the Secretary, in co-
ordination with the local school boards and without regard
to the provisions of title 5, may arrange for the tenure,
leave, hours of work, and other incidents of employment on
a similar basis as is provided for comparable positions in
the public schools of the District of Columbia.
‘‘(f) REIMBURSEMENT.—When the Secretary of Defense
provides educational services under this section to an indi-
vidual who is a dependent of an employee of another Fed-
eral agency, the head of the other Federal agency shall, upon
request of the Secretary of Defense, reimburse the Secretary
of Defense for those services at rates routinely prescribed
by the Secretary of Defense for those services. Any payments
received by the Secretary of Defense under this section shall
be credited to the account designated by the Secretary for
the operation of educational programs under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2164. Department of Defense domestic dependent elementary and secondary
schools.’’.
SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANS-
FER OF DEPARTMENT OF DEFENSE DOMES-
TIC DEPENDENT ELEMENTARY AND SECOND-
ARY SCHOOLS TO APPROPRIATE LOCAL EDU-
CATIONAL AGENCIES.
(a) SURVEY.—(1) The Secretary of Defense shall con-
duct a survey of each Department of Defense domestic de-
pendent elementary and secondary school operated by the
Department of Defense to determine the feasibility of, and
actions necessary to be taken to provide for, the transfer
of that school to the appropriate local educational agency.
(2) The Secretary of Defense shall coordinate the con-
duct of the survey of each such school with representatives
of the local educational agency referred to in paragraph (1)
and of parent organizations representing parents of stu-
dents enrolled in the school.
(3) Issues addressed by the survey shall include—
(A) the opinions and attitudes of such parents
with respect to the appropriate entity to operate the
school;
(B) the position of the local educational agency
and the appropriate education officials of the State in
which the school is located regarding the extent to
which the transfer of the school to the local edu-
cational agency is feasible and desirable, including
the financial and legal justifications for that position;
and
(C) the requirements, as specified by the local
educational agency and the appropriate education of-
ficials of the State in which the school is located, for
financial support, military construction, and any
other support provided by the Department of Defense
in order to complete the transfer of the school to the
local educational agency.
(4) Not later than June 30, 1995, the Secretary of De-
fense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
the results of the survey. The report shall include the rec-
ommendations of the Secretary with respect to the transfer
of each such school.
(b) PILOT PROGRAM.—(1) The Secretary of Defense
shall conduct a pilot program to assess the potential for
the transfer of Department of Defense domestic dependent
elementary and secondary schools to appropriate local edu-
cational agencies.
(2) The Secretary of Defense shall select two schools
for participation in the pilot program based on the results
of the survey conducted by the Secretary under subsection
(a). The Secretary shall provide for the transfer of each such
school to the appropriate local educational agency not later
than the date on which the 1995 school year begins for that
school.
(3) Not later than March 31, 1996, the Secretary of
Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
results of the pilot program. The report shall include the
recommendation of the Secretary with respect to the extent
to which other Department of Defense domestic dependent
elementary and secondary schools should be transferred to
appropriate local educational agencies.
(c) LIMITATION.—A Department of Defense domestic
dependent elementary or secondary school may not be trans-
ferred to a local educational agency under this section ex-
cept on terms that are agreeable to the local educational
agency.
SEC. 353. EVALUATION OF SCHOOLS OF THE DEFENSE DE-
PENDENTS’ EDUCATION SYSTEM WITH FEWER
THAN 150 STUDENTS.
Section 1407 of the Defense Dependents’ Education Act
of 1978 (20 U.S.C. 926) is amended by adding at the end
the following new subsection:
‘‘(e)(1)(A) Each school year, the Secretary of Defense,
in consultation with the Secretaries of the military depart-
ments, shall conduct an evaluation of each school referred
to in subparagraph (B) to assess the alternatives to operat-
ing that school.
‘‘(B) A school referred to in subparagraph (A) is a
school of the defense dependents’ education system that had,
during the previous school year, an enrollment at any time
during the school year (except during a summer school ses-
sion) of fewer than 150 students or that is projected to have
such an enrollment during the next school year.
‘‘(2) If, after the evaluation conducted under para-
graph (1), the Secretary determines that a school referred
to in paragraph (1)(B) should remain open, the Secretary
shall require the payment each fiscal year of 70 percent of
the costs to operate the school from operations and mainte-
nance funds appropriated to the military departments dur-
ing that fiscal year. The ratio of funds paid by a military
department in a fiscal year under this paragraph shall bear
the same ratio to the total amount of funds paid by the
military departments in a fiscal year under this paragraph
as the ratio of the number of students enrolled in the school
who are sponsored by a member of that service bears to the
number of all students enrolled in the school who are spon-
sored by a member of the Armed Forces.’’.
SEC. 354. PROHIBITION ON TUITION CEILING FOR SCHOOLS
OF THE DEFENSE DEPENDENTS’ EDUCATION
SYSTEM.
Section 1404(b)(1) of the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 923(b)(1)) is amended by
adding at the end the following: ‘‘The Secretary may not
impose a ceiling for a tuition rate determined under this
paragraph.’’.
Subtitle F—Other Matters
SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF
ARMED FORCES RETIREMENT HOME.
(a) IN GENERAL.—Paragraph (2) of section 1514(c)
of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 414(c)(2)) is amended to read as follows:
‘‘(2) The fee shall be fixed as a percentage of the month-
ly income and monthly payments (including Federal pay-
ments) received by a resident, subject to such adjustments
in the fee as the Retirement Home Board may make under
paragraph (1). The percentage shall be the same for each
establishment of the Retirement Home.’’.
(b) APPLICATION OF MODIFIED FEES TO ALL RESI-
DENTS.—(1) Subsections (d) and (e) of section 1514 of such
Act are repealed.
(2) Such section is further amended by adding after
subsection (c) the following new subsection (d):
‘‘(d) APPLICATION OF FEES.—Subject to such adjust-
ments in the fee as the Retirement Home Board may make
under subsection (c), each resident of the Retirement Home
shall be required to pay a monthly fee equal to—
‘‘(1) in the case of a resident who is receiving as-
sisted-living services at the Retirement Home, 65 per-
cent of all monthly income and monthly payments
(including Federal payments) received by the resi-
dent; and
‘‘(2) in the case of a resident who is not receiv-
ing assisted-living services at the Retirement Home,
40 percent of all such monthly income and monthly
payments.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect one year after the date of the enact-
ment of this Act.
SEC. 362. NATIONAL GUARD YOUTH PROGRAM.
(a) AUTHORITY.—Chapter 5 of title 32, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 508. Assistance to certain youth organizations
‘‘(a) Members or units of the National Guard may pro-
vide the services described in subsection (b) to an organiza-
tion described in subsection (c) in conjunction with train-
ing required under this chapter if—
‘‘(2) The Girl Scouts of America.
‘‘(3) The Boys and Girls Clubs of America.
‘‘(4) The YMCA.
‘‘(5) The YWCA.
‘‘(6) The Civil Air Patrol.
‘‘(7) The Special Olympics.
‘‘(8) Campfire Boys and Girls.
‘‘(9) The 4–H Club.
‘‘(10) The Police Athletic League.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of title 32, United States Code,
is amended by adding at the end the following item:
‘‘508. Assistance to certain youth organizations.’’.
SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY
PROGRAM.
(a) DEMONSTRATION PROJECT.—The Department of
Defense Food Inventory Demonstration Project (the imple-
mentation of which was requested of the military depart-
ments and the Defense Logistics Agency by the Deputy
Under Secretary of Defense, Logistics, in a memorandum
dated August 16, 1993) shall be completed by the Depart-
ment of Defense not later than September 30, 1995 and
shall be expanded to cover two geographic areas, as des-
ignated by the Secretary of Defense.
(b) REPORT.—Not later than October 1, 1995, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a re-
port on the implementation of the demonstration project re-
ferred to in subsection (a).
(c) IMPLEMENTATION
OF
PROGRAM
THROUGHOUT
UNITED STATES.—Not later than October 1, 1996, the Sec-
retary of Defense shall provide for the expanded use
throughout the United States of full-line commercial food
distributors to meet the food requirements of the Depart-
ment of Defense.
SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLE-
MENTAL FOOD PROGRAM.
(a) IN GENERAL.—Chapter 53 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1060a. Special supplemental food program
‘‘(a) AUTHORITY.—The Secretary of Defense may
carry out a program to provide special supplemental food
benefits to members of the armed forces on duty at stations
outside the United States (and its territories and posses-
sions) and to eligible civilians serving with, employed by,
or accompanying the armed forces outside the United States
(and its territories and possessions).
‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For
the purpose of obtaining Federal payments and commod-
ities in order to carry out the program referred to in sub-
section (a), the Secretary of Defense shall make available,
from funds appropriated for such purpose, the same pay-
ments and commodities as are made for the special supple-
mental food program in the United States under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec-
retary of Defense shall administer the program referred to
in subsection (a) and, except as provided in subparagraph
(B), shall determine eligibility for program benefits under
the criteria published by the Secretary of Agriculture under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
‘‘(B) The Secretary of Defense shall prescribe regula-
tions governing computation of income eligibility standards
for families of individuals participating in the program
under this section.
‘‘(2) The program benefits provided under the program
shall be similar to benefits provided by State and local
agencies in the United States.
‘‘(d) DEPARTURES FROM STANDARDS.—The Secretary
of Defense may authorize departures from standards pre-
scribed by the Secretary of Agriculture regarding the sup-
plemental foods to be made available in the program when
local conditions preclude strict compliance or when such
compliance is highly impracticable.
‘‘(e) AUTHORIZATION
OF APPROPRIATIONS.—Funds
are hereby authorized to be appropriated to the Department
of Defense for operations and maintenance for any fiscal
year in such amounts as may be necessary for the adminis-
trative expenses of the Department of Defense under this
section.
‘‘(f) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to administer the program authorized
by this section.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘eligible civilian’ means—
‘‘(A) a dependent of a member of the armed
forces residing with the member outside the Unit-
ed States;
‘‘(B) a employee of a military department
who is a national of the United States and is re-
siding outside the United States in connection
with such individual’s employment or a depend-
ent of such individual residing with the employee
outside the United States; or
‘‘(C) an employee of a Department of De-
fense contractor who is a national of the United
States and is residing outside the United States
in connection with such individual’s employment
or a dependent of such individual residing with
the employee outside the United States.
‘‘(2) The term ‘national of the United States’
means—
‘‘(A) a citizen of the United States; or
‘‘(B) a person who, though not a citizen of
the United States, owes permanent allegiance to
the United States (as defined in section
101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))).
‘‘(3) The term ‘dependent’ has the meaning given
such term in subparagraphs (A), (D), (E), and (I) of
section 1072(2) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 53 of title 10, United States Code,
is amended by adding at the end the following new item:
‘‘1060a. Special supplemental food program.’’.
SEC. 365. TRANSPORTATION OF THE REMAINS OF DE-
CEASED RETIRED MEMBERS WHO DIE OUT-
SIDE OF THE UNITED STATES.
(a) AUTHORITY.—Section 1481 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking out ‘‘the remains of—’’ and
inserting in lieu thereof ‘‘the remains of the fol-
lowing:’’;
(B) by amending the first word in each
paragraph by capitalizing the first letter of that
first word;
(C) by striking out ‘‘and’’ after the semi-
colon in paragraph (7);
(D) by striking out the semicolon at the end
of each paragraph and inserting in lieu thereof
a period; and
(E) by inserting after paragraph (8) the fol-
lowing new paragraph:
‘‘(9) To the extent authorized under section
1482(g) of this title, any retired member of an armed
force or a dependent of such a member who dies while
outside the United States.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c) In this section, the term ‘dependent’ has the mean-
ing given such term in section 1072(2) of this title.’’.
(b) EXPENSES INCIDENT TO DEATH.—Section 1482 of
such title is amended by adding at the end the following
new subsection:
‘‘(g) The payment of expenses incident to the recovery,
care, and disposition of a decedent covered by section
1481(a)(9) of this title is limited to the payment of expenses
described in paragraphs (1) through (5) of subsection (a)
and air transportation of the remains from a location out-
side the United States to a point of entry in the United
States. Such air transportation may be provided without
reimbursement on a space-available basis in military or
military-chartered aircraft. The Secretary concerned shall
pay all other expenses authorized to be paid under this sub-
section only on a reimbursable basis. Amounts reimbursed
to the Secretary concerned under this subsection shall be
credited to appropriations available, at the time of reim-
bursement, for the payment of such expenses.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to the remains of, and inci-
dental expenses incident to the recovery, care, and disposi-
tion of, an individual who dies after the date of the enact-
ment of this Act.
SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF
CERTAIN DECEASED VETERANS ON DEPART-
MENT OF DEFENSE AEROMEDICAL EVACU-
ATION AIRCRAFT.
(a) TRANSPORTATION AUTHORIZED.—Subsection (a)
of section 2641 of title 10, United States Code, is amended
by inserting before the period the following: ‘‘or of trans-
porting the remains of a deceased veteran who died at the
facility after being transported to the facility under this
subsection. Transportation of the remains of a deceased vet-
eran under this subsection may be provided to the place
from which the veteran was transported to the facility or
to any other destination which is not farther away from
the facility than such place’’.
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (b)—
(A) by inserting ‘‘or for the remains of a
veteran’’ after ‘‘furnished to a veteran’’;
(B) in paragraph (1), by inserting ‘‘or of
the remains of such veteran’’ after ‘‘of such vet-
eran’’; and
(C) in paragraph (2), by inserting ‘‘or the
remains of the veteran’’ after ‘‘for the veteran’’;
(2) in subsection (d)(1)—
(A) by inserting ‘‘or on the survivors of a
veteran’’ after ‘‘on a veteran’’; and
(B) by inserting ‘‘or for the remains of the
veteran’’ after ‘‘to the veteran’’; and
(3) in subsection (d)(2), by inserting ‘‘or for the
remains of veterans’’ after ‘‘to veterans’’.
(c) CROSS REFERENCE AMENDMENT.—Subsection (c)
of such section is amended by striking out ‘‘5011(g)(5)’’ and
inserting in lieu thereof ‘‘8111(g)(5)’’.
SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE
CIVIL AIR PATROL.
(a) PROVISION OF FUNDS.—Subsection (b) of section
9441 of title 10, United States Code, is amended—
(1) by redesignating paragraphs (8), (9), (10),
and (11) as paragraphs (9), (10), (11), and (12), re-
spectively; and
(2) by inserting after paragraph (7) the follow-
ing new paragraph (8):
‘‘(8) provide funds for the national headquarters
of the Civil Air Patrol, including the provision (in
advance of payment) of funds for the payment of staff
compensation and benefits, administrative expenses,
travel, per diem and allowances, rent and utilities,
and other operational expenses;’’.
(b) LIAISONS.—Such section is further amended by
adding at the end the following new subsection:
‘‘(d)(1) The Secretary of the Air Force may authorize
the Civil Air Patrol to employ, as administrators and liai-
son officers, retired members of the Air Force whose quali-
fications are approved under regulations prescribed by the
Secretary and who request such employment.
‘‘(2) A retired member employed pursuant to para-
graph (1) may receive the member’s retired pay and an ad-
ditional amount that is not more than the difference be-
tween the member’s retired pay and the pay and allowances
the member would be entitled to receive if ordered to active
duty in the grade in which the member retired. The addi-
tional amount shall be paid to the Civil Air Patrol by the
Secretary from funds generally available to the Air Force
for civil air assistance.
‘‘(3) A retired member employed pursuant to para-
graph (1) shall not, while so employed, be considered to be
on active duty or inactive-duty training for any purpose.’’.
SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS
AND MAINTENANCE FUNDS BY THE DEPART-
MENT OF DEFENSE.
(a) REVIEW.—The Secretary of Defense shall conduct
a review of each operations and maintenance account of
the Department of Defense to determine the extent to which
funds appropriated to the Department for operations and
maintenance accounts are used for an activity for which
funds have been appropriated to, or are more appropriately
made available from, accounts of the Department for pro-
curement, research, development, test, and evaluation, or
military construction.
(b) REPORT.—Not later than March 31, 1995, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a re-
port that contains the result of the review conducted by the
Secretary under subsection (a) and a report on the extent
to which funds appropriated to the Department of Defense
for operations and maintenance accounts are being used for
an activity for which funds have been appropriated to, or
are more appropriately made available from, accounts of
the Department for procurement, research, development,
test, and evaluation, or military construction.
SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON
OPERATIONS AND MAINTENANCE FUNDING.
(a) REQUIREMENT.—Subsection (a) of section 116 of
title 10, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(3) The Secretary shall include in each such report
a comparison of the level of funding for operations and
maintenance for the next fiscal year with the level of oper-
ations and maintenance funding for each previous fiscal
year beginning with fiscal year 1975, using constant dollars
and the same standard of comparison for each such fiscal
year.’’.
(b) DEVELOPMENT OF COMPARATIVE METHOD.—Not
later than February 1, 1995, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the development
by the Secretary of a method to make the comparison re-
quired under paragraph (3) of section 116(a) of title 10,
United States Code, as added by subsection (a).