Union Calendar No. 112
103D CONGRESS
1ST SESSION
H. R. 2401
[Report No. 103–200]
A BILL
To authorize appropriations for fiscal year 1994 for
military activities of the Department of Defense,
to prescribe military personnel strengths for fis-
cal year 1994, and for other purposes.
JULY 30, 1993
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. 112
103D CONGRESS
1ST SESSION
H. R. 2401
[Report No. 103–200]
To authorize appropriations for fiscal year 1994 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 1994, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 1993
Mr. DELLUMS (by request) introduced the following bill; which was referred
to the Committee on Armed Services
JULY 30, 1993
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 14, 1993]
A BILL
To authorize appropriations for fiscal year 1994 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1994, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense
Authorization Act for Fiscal Year 1994’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three 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. Defense Health Program.
Sec. 107. Reserve components.
Sec. 108. Chemical demilitarization program.
Sec. 109. National Shipbuilding Initiative.
Sec. 110. Denial of multiyear procurement authorization.
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Subtitle B—Army Programs
Sec. 111. Procurement of helicopters.
Sec. 112. TOW missile program.
Subtitle C—Navy Programs
Sec. 121. DDG–51 destroyer and fast sealift programs.
Sec. 122. Attack submarine programs.
Sec. 123. Long-term lease authority for certain vessels.
Subtitle D—Air Force Programs (Nonstrategic)
Sec. 131. Intertheater airlift program.
Sec. 132. RC–135 aircraft program.
Subtitle E—Strategic Programs
Sec. 151. B–2 bomber aircraft program.
Sec. 152. B–1 bomber aircraft program.
Sec. 153. Trident II (D–5) missile procurement.
Sec. 154. Prohibition on retrofitting Trident I submarines to carry Trident II
(D–5) missiles.
Subtitle F—Other Matters
Sec. 171. Chemical munitions disposal facilities, Tooele Army Depot, Utah.
Sec. 172. Authority to convey Los Alamos dry dock.
Sec. 173. Sales authority of certain working-capital funded industrial facilities of
the Army.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorizations
Sec. 201. Authorization of appropriations.
Sec. 202. Manufacturing technology development.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Demonstration program for ballistic missile post-launch destruct mecha-
nism.
Sec. 212. Funding for certain tactical intelligence programs.
Sec. 213. Federally Funded Research and Development Centers.
Sec. 214. High Performance Computer Modernization Program.
Sec. 215. High Performance Computing and Communication Initiative.
Sec. 216. Superconducting Magnetic Energy Storage (SMES) program.
Sec. 217. Single stage rocket technology.
Sec. 218. Advanced anti-radiation guided missile.
Sec. 219. DP–2 Vectored Thrust Technology Demonstration Project.
Sec. 220. Advanced Self Protection Jammer (ASPJ) Program.
Sec. 221. Electronic combat systems testing.
Sec. 222. Limitation on Department of Defense missile launches for test purposes.
Sec. 223. B–1 bomber aircraft program.
Subtitle C—Missile Defense Programs
Sec. 231. Funding for fiscal year 1994.
Sec. 232. Report on allocation of funds.
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Sec. 233. Transfer authorities for Ballistic Missile Defense.
Sec. 234. Revisions to Missile Defense Act of 1991.
Sec. 235. Patriot Advanced Capability–3 theater missile defense system.
Sec. 236. Development and testing of anti-ballistic missile systems or components
to be carried out in accordance with traditional interpretation
of Anti-Ballistic Missile Treaty.
Sec. 237. Theater missile defense road map.
Sec. 238. Additional BMD programs.
Sec. 239. Report on national missile defense cost.
Sec. 240. Theater missile defense interceptor testing.
Sec. 241. Arrow Tactical Anti-Missile program.
Sec. 242. Extension of prohibition on testing Mid-Infrared Advanced Chemical
Laser against an object in space.
Sec. 243. Technical amendments to reflect redesignation of Strategic Defense Ini-
tiative Organization.
Subtitle D—Women’s Health Research
Sec. 251. Defense Women’s Health Research Center.
Sec. 252. Continuation of army breast cancer research program.
Sec. 253. Inclusion of women and minorities in clinical research projects.
Sec. 254. Report on research relating to female members of the uniformed services
and female covered beneficiaries.
Subtitle E—Other Matters
Sec. 261. Repeal of requirement for study by Office of Technology Assessment.
Sec. 262. Comprehensive independent study of national cryptography policy.
Sec. 263. Review of assignment of defense research and development categories.
Sec. 264. One-year delay in transfer of management responsibility for Navy mine
countermeasures program.
Sec. 265. Strategic Environmental Research and Development Program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Fund.
Subtitle B—Limitations
Sec. 311. Notification requirement prior to transfer of certain funds.
Sec. 312. Extension of limitation on the use of certain funds for Pentagon Res-
ervation.
Sec. 313. Prohibition on operation of the Naval Air Station, Bermuda.
Sec. 314. Limitation on the use of appropriated funds for Department of Defense
golf courses.
Sec. 315. Codification of prohibition on the use of certain cost comparison stud-
ies.
Sec. 316. Location of certain prepositioning facilities.
Sec. 317. Use of funds for Navy depot backlog.
Sec. 318. Limitation on use of funds for Trident submarine force.
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Sec. 319. Limitation on obligation of funds in connection with upgrades or re-
pairs at the Army Reserve Facility in Marcus Hook, Pennsylva-
nia.
Sec. 320. Prohibition on contracts with the Bahrain Ship Repairing and Engi-
neering Company for ship repair.
Sec. 321. Limitation on chartering of vessels on which reflagging or conversion
work has been performed in a foreign shipyard.
Sec. 322. One-year prohibition on reduction of force structure for reserve compo-
nent special operations forces.
Sec. 323. Prohibition on joint use of Selfridge Air National Guard Base, Michi-
gan, with civil aviation.
Subtitle C—Defense-Wide Funds
Sec. 331. Prohibition on use of Defense Business Operations Fund.
Sec. 332. Classification of certain competitive and noncompetitive activities of the
Department of Defense; Noncompetitive Rates Board.
Sec. 333. Competitive and Regulated Business Operations Funds.
Sec. 334. Extension of limitation on obligation against Defense Business Oper-
ations Fund.
Subtitle D—Depot-Level Activities
Sec. 341. Department of Defense depot task force.
Sec. 342. Retention of depot-level maintenance workload management by the mili-
tary departments.
Sec. 343. Prohibition on performance of depot-level support primarily by non-
Government personnel.
Sec. 344. Prohibition on performance of certain depot-level work by foreign con-
tractors.
Sec. 345. Modification of limitation on the performance of depot-level mainte-
nance of materiel.
Sec. 346. Clarification of limitation on the performance of depot-level mainte-
nance of materiel for new weapon systems.
Subtitle E—Commissaries and Military Exchanges
Sec. 351. Expansion and clarification of commissary and exchange benefits.
Sec. 352. Prohibition on operation of commissary stores by active duty members
of the Armed Forces.
Sec. 353. Modernization of automated data processing capability of the Defense
Commissary Agency.
Sec. 354. Operation of Stars and Stripes bookstores by the military exchanges.
Sec. 355. Availability of funds for Nexcom relocation expenses.
Subtitle F—Other Matters
Sec. 361. Emergency and extraordinary expense authority for the Inspector Gen-
eral of the Department of Defense.
Sec. 362. Authority for civilian army employees to act on reports of survey.
Sec. 363. Extension of guidelines for reductions in civilian positions.
Sec. 364. Authority to extend mailing privileges.
Sec. 365. Extension and modification of pilot program to use National Guard
personnel in medically underserved communities.
Sec. 366. Amendments to the Armed Forces Retirement Home Act of 1991.
Sec. 367. Required payment date under Prompt Payment Act for procurement of
baked goods.
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Sec. 368. Provision of facilities and services of the Department of Defense to cer-
tain educational entities.
Sec. 369. Modification of restriction on repair of certain vessels the homeport of
which is planned for reassignment.
Sec. 370. Escorts and flags for civilian employees who die while serving in an
armed conflict with the Armed Forces.
Sec. 371. Maintenance of Pacific battle monuments.
Sec. 372. Exclusive use of aircraft carrier for full-time training.
Sec. 373. Report on certain educational arrangements for children residing on
military installations in the United States.
Sec. 374. One-year extension of certain programs.
Subtitle G—Environmental Provisions
Sec. 381. Modification of annual report on environmental restoration and com-
pliance by the Department of Defense. –
Sec. 382. Indemnification of transferees of closing defense property.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the reserves.
Sec. 413. Increase in number of members in certain grades authorized to be on
active duty in support of the reserves.
Sec. 414. Force structure allowance for Army National Guard.
Sec. 415. Personnel level for Navy Craft of Opportunity (COOP) Program.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Sec. 422. Student loads at war colleges and at command and general staff col-
leges.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Active Components
Sec. 501. Years of service for eligibility for separation pay for regular officers in-
voluntarily discharged.
Sec. 502. Extension of eligibility for voluntary separation incentive and special
separation benefits programs.
Sec. 503. Eligibility for involuntary separation benefits.
Sec. 504. Two-year extension of authority for temporary promotion of certain
Navy lieutenants.
Sec. 505. Officers ineligible for consideration by early retirement boards.
Sec. 506. Remedy for ineffective counseling of officers discharged following selec-
tion by early discharge boards.
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Subtitle B—Reserve Components
Sec. 511. Expansion of Selected Reserve call-up period from 90 days to 180 days.
Sec. 512. Number of full-time reserve personnel who may be assigned to ROTC
duty.
Sec. 513. Repeal of mandated reduction in Army Reserve component full-time
manning end strength.
Sec. 514. Two-year extension of certain Reserve Officer Management Programs.
Sec. 515. Cadre divisions.
Sec. 516. Test program for Reserve Combat Maneuver Unit integration.
Sec. 517. Revisions to pilot program for active component support of the reserves.
Sec. 518. Revision of certain deadlines under Army Guard combat reform initia-
tive.
Sec. 519. Annual report on implementation of Army National Guard reform ini-
tiative.
Sec. 520. FFRDC study of State and Federal missions of the National Guard.
Sec. 521. Educational assistance for graduate programs for members of the Se-
lected Reserve.
Sec. 522. Transition benefits for Coast Guard Reserve.
Subtitle C—Warrant Officers
Sec. 531. Authorization for involuntary separation of certain regular warrant of-
ficers.
Sec. 532. Determination of service for warrant officer retirement sanctuary.
Subtitle D—Women in the Service
Sec. 541. Repeal of the statutory restriction on the assignment of women in the
Navy and Marine Corps.
Sec. 542. Gender-neutral occupational performance standards.
Sec. 543. Notice to Congress of changes to ground combat exclusion policy.
Subtitle E—Victims’ Rights and Family Advocacy
Sec. 551. Mandatory arrests by military law enforcement officials when called to
scenes of domestic violence.
Sec. 552. Improved procedures for notification of victims and witnesses of status
of prisoners in military correctional facilities.
Sec. 553. Study of stalking by persons subject to UCMJ.
Sec. 554. Transitional compensation for dependents of members of the armed
forces discharged for dependent abuse.
Subtitle F—Matters Relating to Military Justice
Sec. 561. Improved right of appeal in court-martial cases.
Sec. 562. Clarification of punitive UCMJ article regarding drunken driving.
Subtitle G—Other Matters
Sec. 571. Criteria for closing senior ROTC units.
Sec. 572. Change in timing of required drug and alcohol testing and evaluation
of applicants for appointment as cadet or midshipman and for
ROTC graduates.
Sec. 573. Reimbursement requirements for advanced education assistance.
Sec. 574. Recognition of powers of attorney notarized by defense notary public.
Sec. 575. Policy concerning homosexuality in the Armed Forces.
Sec. 576. Foreign language proficiency test program.
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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1994.
Sec. 602. Variable housing allowance for certain members who are required to
pay child support and who are assigned to sea duty.
Sec. 603. Pay for students at service academy preparatory schools.
Sec. 604. Advance payments in connection with the evacuation of members and
dependents of members from designated places.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Permanent authority for certain bonuses and special pay for nurse offi-
cer candidates, registered nurses and nurse anesthetists.
Sec. 612. Extension and modification of certain Selected Reserve bonuses.
Sec. 613. Extensions of authorities relating to payment of other bonuses and spe-
cial pays.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Authorization of payment or collection due to fluctuations of foreign
currency incurred by certain military members.
Subtitle D—Other Matters
Sec. 631. Definition of dependent for purposes of allowances to include certain
unmarried persons in the legal custody of a member or former
member.
Sec. 632. Clarification of eligibility for tuition assistance.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Primary and preventive health-care services for women.
Sec. 702. Definition of dependent for purposes of medical and dental coverage to
include certain unmarried persons in the legal custody of a
member or former member.
Subtitle B—Health Care Management
Sec. 711. Extension and revision of specialized treatment services program.
Sec. 712. Codification of CHAMPUS peer review organization program proce-
dures.
Sec. 713. Federal preemption regarding contracts for medical and dental care.
Sec. 714. Delay of termination effective date for Uniformed Services Treatment
Facilities.
Sec. 715. Managed-care delivery and reimbursement model for the Uniformed
Services Treatment Facilities.
Sec. 716. Clarification of conditions on expansion of CHAMPUS reform initia-
tive to other locations.
Sec. 717. Increased flexibility for personal service contracts in military medical
treatment facilities.
Sec. 718. Expansion of the program for the collection of health care costs from
third-party payers.
Sec. 719. Alternative resource allocation method for medical facilities of the uni-
formed services.
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Sec. 720. Use of health maintenance organization model as option for military
health care.
Sec. 721. Authorization for automated medical record capability to be included
in medical information system.
Subtitle C—Other Matters
Sec. 731. Award of constructive service credit for advanced health professional de-
grees.
Sec. 732. Clarification of authority for graduate student program of the Uni-
formed Services University of the Health Sciences.
Sec. 733. Authority for the Armed Forces Institute of Pathology to obtain addi-
tional distinguished pathologists and scientists.
Sec. 734. Report on the provision of health-care services to women.
Sec. 735. Sense of Congress regarding the inclusion of chiropractic care as a type
of health care authorized under CHAMPUS.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Assistance Programs
Sec. 801. Defense Procurement Technical Assistance Program.
Sec. 802. Historically Black colleges and universities.
Subtitle B—Provisions to Streamline Defense Acquisition Laws
Sec. 811. Repeal and amendment of obsolete, redundant, or otherwise unnecessary
laws applicable to Department of Defense generally.
Sec. 812. Extension to Department of Defense generally of certain acquisition
laws applicable to the Army and Air Force.
Sec. 813. Repeal and amendment of certain acquisition laws applicable to the
Army and Air Force.
Sec. 814. Consolidation, repeal, and amendment of certain acquisition laws ap-
plicable to the Navy.
Sec. 815. Additional authority to contract for fuel storage and management.
Sec. 816. Additional authority relating to the acquisition of petroleum.
Sec. 817. Simplified acquisition threshold.
Sec. 816. Procurement of commercial and nondevelopmental items.
Sec. 819. Technical and clerical amendments.
Subtitle C—Other Matters
Sec. 821. Reports on contract bundling.
Sec. 822. Prohibition on competition between depot maintenance activities and
small businesses for certain maintenance contracts.
Sec. 823. Clarification of requirement for domestic manufacture of propellers for
ships funded under the Fast Sealift Program.
Sec. 824. Pilot program to improve pricing policies for use of major range and
test facility installations of the Air Force.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense
Sec. 901. Enhanced position for Comptroller of Department of Defense.
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Sec. 902. New position of Under Secretary of Defense for Personnel and Readi-
ness.
Sec. 903. Redesignation of positions of Under Secretary and Deputy Under Sec-
retary of Defense for Acquisition.
Sec. 904. Further conforming amendments to chapter 4 of title 10, United States
Code.
Sec. 905. Director of Operational Test and Evaluation.
Subtitle B—Reserve Commands
Sec. 921. Army Reserve Command.
Sec. 922. Naval Reserve Command.
Sec. 923. Marine Corps Reserve Command.
Sec. 924. Air Force Reserve Command.
Subtitle C—Professional Military Education
Sec. 931. Authority for award by National Defense University of certain master
of science degrees.
Sec. 932. Redesignation of Armed Forces Staff College.
Sec. 933. Location for new joint warfighting center.
Sec. 934. Authority to employ civilian faculty members at George C. Marshall
European Center for Security Studies.
Subtitle D—Other Matters
Sec. 941. Assignment of reserve forces.
Sec. 942. Moratorium on merger of Space Command and Strategic Command.
Sec. 943. Security clearances for civilian employees.
Sec. 944. Program for videotaping of investigative interviews.
Sec. 945. Flexibility in administering requirement for annual four percent reduc-
tion in number of personnel assigned to headquarters and head-
quarters support activities.
Sec. 946. Enhanced flexibility relating to requirements for service in a joint duty
assignment.
Sec. 947. Flexibility for required post-education joint duty assignment.
Sec. 948. Report on options for organizational structure for imagery collection
functions.
Sec. 949. Report on Department of Defense Bottom Up Review.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Defense cooperation account.
Sec. 1005. Global Cooperatives Initiative.
Sec. 1006. Limitation on transferring defense funds to other departments and
agencies.
Sec. 1007. Sense of Congress concerning defense budget process.
Subtitle B—Counter-Drug Activities
Sec. 1021. Department of Defense support for counter-drug activities of other
agencies.
Sec. 1022. Report on defense counter-drug program.
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Subtitle C—Other Matters
Sec. 1031. Procedures for handling war booty.
Sec. 1032. Award of purple heart to members killed or wounded in action by
friendly fire.
Sec. 1033. Award of gold star lapel buttons to survivors of service members killed
by terrorist acts.
Sec. 1034. Extension of authority for certain foreign governments to receive excess
defense articles.
Sec. 1035. Codification of provision relating to Overseas Workload Program.
Sec. 1036. Modification of authority to conduct National Guard Civilian Youth
Opportunities Program.
Sec. 1037. Sense of Congress concerning meeting of interallied confederation of re-
serve officers.
Sec. 1038. Semiannual report on efforts to seek compensation from Government
of Peru for death and wounding of certain United States service-
men.
Sec. 1039. Basing for C–130 aircraft.
Sec. 1040. Memorial to U.S.S. Indianapolis.
Sec. 1041. Congressional notification when United States forces are placed under
operational control of a foreign nation.
Sec. 1042. Identification of service in Vietnam in the computerized index of the
National Personnel Records Center.
TITLE XI—CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
Sec. 1101. Designation of Army as executive agent for chemical and biological
warfare defense programs.
Sec. 1102. Requirement for single oversight office for chemical-biological defense
programs within the Office of the Secretary of Defense.
Sec. 1103. Consolidation of chemical and biological defense training activities.
Sec. 1104. Annual report on chemical and biological warfare defense.
Sec. 1105. Preparations for implementation of the chemical weapons convention.
Sec. 1106. Sense of Congress concerning response to terrorist threats.
Sec. 1107. Sense of Congress concerning other chemical and biological defense
matters.
Sec. 1108. International cooperation program.
Sec. 1109. Agreements to provide support to vaccination programs of Department
of Health and Human Services.
TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF
FORMER SOVIET UNION
Sec. 1201. Short title.
Sec. 1202. Findings on cooperative threat reduction.
Sec. 1203. Authority for programs to facilitate cooperative threat reduction.
Sec. 1204. Funding for fiscal year 1994.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Authorization for additional fiscal year 1993 assistance to the inde-
pendent states of the former Soviet Union.
Sec. 1207. Semiannual report.
Sec. 1208. Definition.
TITLE XIII—DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE
Sec. 1301. Short title.
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Sec. 1302. Funding of defense conversion, reinvestment, and transition assistance
programs for fiscal year 1994.
Sec. 1303. Annual report on defense conversion, reinvestment, and transition as-
sistance programs.
Subtitle A—Defense Technology Reinvestment Projects
Sec. 1311. Funding of defense technology reinvestment projects for fiscal year
1994.
Sec. 1312. Repeal and amendment of certain provisions relating to defense tech-
nology and industrial base, reinvestment, and conversion.
Sec. 1313. Expansion of objectives of defense technology reinvestment projects.
Sec. 1314. Defense technology reinvestment projects for fiscal year 1994.
Sec. 1315. Expansion of purposes of defense advanced manufacturing technology
partnerships.
Sec. 1316. Defense dual-use assistance extension program.
Sec. 1317. Consistency in financial commitment requirements of non-Federal gov-
ernment participants in technology reinvestment projects.
Subtitle B—Community Adjustment and Assistance Programs
Sec. 1321. Adjustment and diversification assistance for States and local govern-
ments from the Office of Economic Adjustment.
Sec. 1322. Assistance for communities adversely affected by catastrophic or mul-
tiple base closures or realignments.
Sec. 1323. Continuation of pilot project to improve economic adjustment plan-
ning.
Sec. 1324. Consideration of local and regional economic needs as part of the dis-
position of real property and facilities under base closure laws.
Sec. 1325. Shipyard conversion and reuse studies.
Subtitle C—Personnel Adjustment, Education, and Training Programs
Sec. 1331. Continuation of teacher and teacher’s aide placement programs.
Sec. 1332. Programs to place separated members of the Armed Forces in employ-
ment positions with law enforcement agencies and health care
providers.
Sec. 1333. Grants to institutions of higher education to provide education and
training in environmental restoration to dislocated defense work-
ers and young adults.
Sec. 1334. Revision to improvements to employment and training assistance for
dislocated workers.
Sec. 1335. Demonstration program for the training of recently discharged veter-
ans for employment in construction and in hazardous waste re-
mediation.
Sec. 1336. Service members occupational conversion and training.
Subtitle D—Other Matters
Sec. 1341. Encouragement of industrial diversification planning for certain de-
fense contractors.
Sec. 1342. Encouragement for the purchase or lease of vehicles producing zero or
very low exhaust emissions.
Sec. 1343. Revision to requirements for notice to contractors upon proposed or ac-
tual termination of defense programs.
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Subtitle E—National Shipbuilding Initiative
Sec. 1351. Short title.
Sec. 1352. National shipbuilding initiative.
Sec. 1353. Department of Defense program management through Advanced Re-
search Projects Agency.
Sec. 1354. Advanced Research Projects Agency functions.
Sec. 1355. Eligible shipyards.
Sec. 1356. Loan guarantees for export vessels.
Sec. 1357. Loan guarantees for shipyard modernization and improvement.
Sec. 1358. Funding for certain loan guarantee commitments for fiscal year 1994.
Sec. 1359. Authorizations of appropriations.
TITLE XIV—NATIONAL COMMISSION ON ROLES AND MISSIONS OF
THE ARMED FORCES
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Establishment of Commission.
Sec. 1404. Duties of Commission.
Sec. 1405. Reports.
Sec. 1406. Powers.
Sec. 1407. Commission procedures.
Sec. 1408. Personnel matters.
Sec. 1409. Miscellaneous administrative provisions.
Sec. 1410. Payment of Commission expenses.
Sec. 1411. Termination of the Commission.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Relocation of Air Force activities from Sierra Army Depot, California,
to Beale Air Force Base, California.
Sec. 2306. Combat arms training and maintenance facility relocation from
Wheeler Air Force Base, Hawaii, to United States Army
Schofield Barracks Open Range, Hawaii.
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Sec. 2307. Authority to transfer funds as part of the improvement of Dysart
Channel, Luke Air Force Base, Arizona.
Sec. 2308. Authority to transfer funds for school construction for Lackland Air
Force Base, Texas.
Sec. 2309. Authority to transfer funds as part of the replacement family housing
project at Scott Air Force Base, Illinois.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Termination of authority to carry out land acquisition for Army Na-
tional Guard Training Area in Muskingum County, Ohio.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in the maximum amount authorized to be obligated for emer-
gency construction in a fiscal year.
Sec. 2802. Military family housing leasing programs.
Sec. 2803. Sale of electricity from alternate energy and cogeneration production
facilities.
Sec. 2804. Energy savings at military installations.
Sec. 2805. Authorization to acquire existing facilities in lieu of carrying out con-
struction authorized by law.
Sec. 2806. Clarification of participation in Department of State housing pools.
Sec. 2807. Navy housing investment agreements and Housing Investment Board.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Base closure account management flexibility.
Sec. 2812. Authority to contract for certain functions at installations being closed
or realigned.
Sec. 2813. Increased funding sources for environmental restoration at military
installations to be closed.
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Sec. 2814. Testimony before Defense Base Closure and Realignment Commission.
Sec. 2815. Expansion of conveyance authority regarding financial facilities on
closed military installations to include all depository institu-
tions.
Sec. 2816. Authority to transfer property at military installations to be closed to
persons paying the cost of environmental restoration activities
on the property.
Sec. 2817. Authority to lease property pending final disposition.
Sec. 2818. Electric power allocation and economic development at certain mili-
tary installations to be closed in the State of California.
Subtitle C—Land Transactions
Sec. 2821. Modification of land conveyance, New London, Connecticut.
Sec. 2822. Land conveyance, Broward County, Florida.
Sec. 2823. Land conveyance, Naval Air Station, Oceana, Virginia.
Sec. 2824. Release of reversionary interest, Old Spanish Trail Armory, Harris
County, Texas.
Sec. 2825. Lease and joint use of certain real property, Marine Corps Base,
Camp Pendleton, California.
Sec. 2826. Land conveyance, Craney Island Fuel Depot, Naval Supply Center,
Virginia.
Sec. 2827. Land conveyance, Portsmouth, Virginia.
Sec. 2828. Transfer of natural gas distribution system at Fort Belvoir, Virginia,
to the Washington Gas Company.
Sec. 2829. Transfer of water distribution system at Fort Lee, Virginia, to the
American Water Company.
Sec. 2830. Transfer of waste water treatment facility at Fort Pickett, Virginia,
to Blackstone, Virginia.
Sec. 2831. Transfer of water distribution system and reservoir at Stewart Army
Subpost to New Windsor, New York.
Sec. 2832. Expansion of land transaction authority involving Hunters Point
Naval Shipyard, San Francisco, California.
Sec. 2833. Modification of lease authority, Naval Supply Center, Oakland, Cali-
fornia.
Sec. 2834. Land conveyance, Iowa Army Ammunition Plant, Iowa.
Sec. 2835. Transfer of electric power distribution system at Naval Air Station,
Alameda, California, to the City of Alameda Bureau of Elec-
tricity.
Subtitle D—Other Matters
Sec. 2841. Flood control project.
Sec. 2842. Use of Army Corps of Engineers to manage military construction
projects in Hawaii.
Sec. 2843. Special rule for military construction on certain lands in the State
of Hawaii.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
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Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Funding uses and limitations.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Other Provisions
Sec. 3131. Improved Congressional oversight of Department of Energy special ac-
cess programs.
Sec. 3132. Baseline environmental management reports.
Sec. 3133. Expansion of authority to loan personnel and facilities.
Sec. 3134. Modification of payment provision.
Sec. 3135. Stockpile stewardship program.
Sec. 3136. Counter-proliferation program.
Sec. 3137. Limitations on the receipt and storage of spent nuclear fuel from for-
eign research reactors.
Sec. 3138. Contract goal for small disadvantaged businesses and certain institu-
tions of higher education.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Disposal of obsolete and excess materials contained in the National De-
fense Stockpile.
Sec. 3303. Modification of notice and wait requirements for deviations from an-
nual materials plan.
Sec. 3304. Continuation of limitations on the disposal of chromite and man-
ganese ores and chromium and manganese ferro.
Sec. 3305. Conversion of chromium ore to high purity electrolytic chromium
metal.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Modernization of the civil defense system.
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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 1994 for procurement for the Army as follows:
(1) For aircraft, $1,506,537,000.
(2) For missiles, $1,084,315,000.
(3) For weapons and tracked combat vehicles,
$876,997,000.
(4) For ammunition, $665,466,000.
(5) For other procurement, $2,946,362,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1994 for procurement for the Navy
as follows:
(1) For aircraft, $5,759,827,000.
(2) For weapons, including missiles and tor-
pedoes, $2,764,824,000.
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(3) 
For 
shipbuilding 
and 
conversion,
$4,160,188,000.
(4) For other procurement, $2,861,480,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1994 for procurement for
the Marine Corps in the amount of $471,021,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Air Force as follows:
(1) For aircraft, $7,223,502,000.
(2) For missiles, $3,620,871,000.
(3) For other procurement, $7,621,793,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for defense-wide procurement in the amount
of $2,177,082,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Defense Inspector
General in the amount of $800,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Defense Health Pro-
gram in the amount of $272,762,000.
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(2) Except as provided in subsection (b), funds appro-
priated or otherwise made available to the Department of
Defense pursuant to this or any other Act may not be obli-
gated for the procurement of TOW missiles.
(b) EXCEPTIONS.—(1) The prohibition in subsection
(a)(2) does not apply to—
(A) the modification of, or the acquisition of
spare or repair parts for, TOW missiles described in
paragraph (2);
(B) completion of new production missiles de-
scribed in paragraph (2)(B); and
(C) the obligation of not more than $75,282,000
from funds made available pursuant to section 101(2)
for the procurement of not more than 2,000 missiles
and for payment of costs necessary to terminate the
TOW program.
(2) The missiles referred to in paragraph (1)(A) are—
(A) TOW missiles acquired by the Department of
Defense on or before the date of the enactment of this
Act;
(B) TOW new production missiles for which
funds, other than funds for the procurement of long
lead items and other advance procurement, were obli-
gated before the date of the enactment of this Act and
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which are delivered to the Department of Defense on
or after that date; and
(C) 2,000 new production missiles for which
funds are available in accordance with subsection
(b)(1)(C).
Subtitle C—Navy Programs
SEC. 121. DDG–51 DESTROYER AND FAST SEALIFT PRO-
GRAMS.
None of the funds appropriated pursuant to section
102 for shipbuilding and conversion for the Navy for fiscal
year 1994 may be obligated for the DDG–51 guided missile
destroyer program until—
(1) contracts for conversion of seven cargo vessels
specified under the National Sealift Program have
been awarded; and
(2) the Secretary of the Navy has transmitted to
the congressional defense committees notice that those
contracts have been awarded.
SEC. 122. ATTACK SUBMARINE PROGRAMS.
(a) SEAWOLF
SUBMARINE
PROGRAM
COSTS.—(1)
None of the funds described in subsection (b) may be obli-
gated until the Secretary of Defense submits to the congres-
sional defense committees a report concerning the latest and
best estimated cost of producing the SSN–21 and SSN–22
Seawolf attack submarines, determined as of the date of the
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enactment of this Act. The report shall state the full cost
for production of each vessel and shall identify the amount
and source of funds available to the Navy for each such ves-
sel from funds appropriated for fiscal years before fiscal
year 1994.
(2) If the report under paragraph (1) discloses a short-
fall of available funds for either or both of the SSN–21 and
SSN–22 vessels that is not funded by another source identi-
fied by the Secretary of Defense, the Secretary of Defense
shall, subject to the provisions of appropriations Acts, use
the funds described in subsection (b)(1) to the extent nec-
essary to complete production of those two vessels.
(b) FUNDS SUBJECT TO LIMITATION.—Funds subject
to the limitation under subsection (a) are the following:
(1) Any unobligated funds remaining from the
amount of $540,200,000 originally appropriated for
fiscal year 1992 for the SSN–21 program and made
available under Public Law 102–298 for the purposes
of preserving the industrial base for submarine con-
struction (as specified at page 27 of the report of the
committee of conference to accompany the conference
report on H.R. 4990 of the 102d Congress (House Re-
port 102–530)).
(2) Funds appropriated pursuant to section 201
for research, development, test, and evaluation for the
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Navy for fiscal year 1994 that are available for the
new SSN (attack submarine) program for the re-
search and development stages designated as 6.3 and
6.4.
(c) NEW ATTACK SUBMARINE PROGRAM.—In addition
to the limitation under subsection (a)(1), the funds de-
scribed in subsection (b)(2) may not be obligated until the
Secretary of Defense submits to the congressional defense
committees a certification that the Cost and Operational
Effectiveness Analysis (COEA) process for the new SSN (at-
tack submarine) program has been completed. The Sec-
retary shall include with such certification a copy of the
analysis.
(d) REPORT ON PROPOSED USE OF FISCAL YEAR 1992
FUNDS.—(1) In addition to the limitation under subsection
(a)(1), funds described in subsection (b)(1) that remain
available after any use of such funds under subsection
(a)(2) may not be obligated until the Secretary of Defense
submits to the congressional defense committees a report de-
scribing the Secretary’s plan for the use of those funds and
30 days of continuous session of Congress have expired fol-
lowing the date on which that report is transmitted to Con-
gress.
(2) For purposes of paragraph (1), the continuity of
a session of Congress is broken only by an adjournment of
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the Congress sine die, and the days on which either House
is not in session because of an adjournment of more than
3 days to a day certain are excluded in the computation
of such 30-day period.
(e) RETROACTIVE AUTHORIZATION.—The amount re-
ferred to in subsection (b)(1) shall be treated for all purposes
as having been authorized by law for fiscal year 1992 in
accordance with section 114(a) of title 10, United States
Code.
SEC. 123. LONG-TERM LEASE AUTHORITY FOR CERTAIN
VESSELS.
(a) AUTHORITY.—The Secretary of the Navy may
enter into a long-term lease or charter for a vessel described
in subsection (b) without regard to the provisions of section
2401 of title 10, United States Code, or section 9081 of the
Department of Defense Appropriations Act, 1990 (10
U.S.C. 2401 note).
(b) COVERED VESSELS.—Subsection (a) applies to any
double-hull tanker or oceanographic vessel constructed in a
United States shipyard after the date of the enactment of
this Act using assistance provided under the National Ship-
building Initiative.
(c) CONDITIONS ON OBLIGATION OF FUNDS.—A con-
tract entered into for a lease or charter pursuant to sub-
section (a) shall include the following provisions:
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(1) A statement that the obligation of the United
States to make payments under the contract in any
fiscal year is subject to appropriations being provided
specifically for that fiscal year and specifically for
that lease or project.
(2) A commitment to obligate the necessary
amount for each fiscal year covered by the contract
when and to the extent that funds are appropriated
for that lease or charter for that fiscal year.
(3) A statement that such a commitment given
under the authority of this section does not constitute
an obligation of the United States.
(d) DEFINITION.—For purposes of subsection (a), the
term ‘‘long-term lease or charter’’ has the meaning given
that term in section 2401(d)(1)(A) of title 10, United States
Code (without regard to subparagraph (B) of that section).
Subtitle D—Air Force Programs
(Nonstrategic)
SEC. 131. INTERTHEATER AIRLIFT PROGRAM.
(a) LIMITATION.—None of the funds appropriated pur-
suant to section 103 for procurement of airlift aircraft for
the Air Force for fiscal year 1994 may be obligated until
45 days after the date on which the Secretary of Defense
submits to the congressional defense committees the report
referred to in subsection (b).
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(b) REPORT REQUIREMENT.—A report under sub-
section (a) is a report in which the Secretary of Defense
provides—
(1) the Secretary’s recommendation for the air-
craft or mix of aircraft to be procured for the
intertheater airlift mission; and
(2) the results of the activities under subsections
(c), (d), and (e).
(c) ESTABLISHMENT OF INTERTHEATER AIRLIFT RE-
QUIREMENTS.—The Secretary of Defense, after the date of
the enactment of this Act, shall establish the qualitative and
quantitative intertheater airlift requirements of the Depart-
ment of Defense.
(d) COST AND OPERATIONAL EFFECTIVENESS ANALY-
SIS.—The Secretary of Defense, after the date of the enact-
ment of this Act, shall conduct a Cost and Operational Ef-
fectiveness Analysis to determine the most cost effective
intertheater airlift alternative to satisfy the requirements
established pursuant to subsection (c). In carrying out such
analysis, the Secretary—
(1) shall consider all reasonable aircraft and
mixes of aircraft for the intertheater airlift mission,
including procurement of additional C–17 aircraft,
procurement of additional C–5 aircraft, procurement
of additional C–141 aircraft, carrying out a Service-
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Life Extension Program (SLEP) for existing C–141
aircraft, and procurement of commercial wide-body
aircraft; and
(2) for the C–17 program, shall include appro-
priate restructure (or ‘‘work out’’) costs and the ex-
pected cost of claims against the Government.
(e) DAB REVIEW.—After the activities described in
subsections (c) and (d) have been completed, the Secretary
shall conduct a Defense Acquisition Board review based on
the results under those subsections.
SEC. 132. RC–135 AIRCRAFT PROGRAM.
(a) FISCAL YEAR 1994 FUNDS.—Of the funds author-
ized to be appropriated in section 103 for procurement of
aircraft for the Air Force for fiscal year 1994, $93,200,000
shall be available for reengining and modifying two existing
C–135 aircraft to the latest RC–135 Rivet Joint configura-
tion plus improvements necessary to support unique Navy
requirements.
(b) FISCAL YEAR 1993 FUNDS.—(1) The amount of
$56,962,000 made available under section 141 of the Na-
tional Defense Authorization Act for Fiscal Year 1993 (Pub-
lic Law 102–484; 106 Stat. 2338) for modernizing either
Navy EP–3 aircraft or Air Force RC–135 aircraft shall be
made available for improvements to existing RC–135 air-
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craft as though that aircraft had been selected by the Sec-
retary of Defense under section 141(b)(2) of such Act.
(2) The amount of $65,700,000 made available under
section 131(3) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2334)
to reengine three existing RC–135 aircraft, if the RC–135
was selected by the Secretary of Defense under section
141(b)(2) of such Act, shall be made available for RC–135
reengining as though that aircraft had been so selected.
Subtitle E—Strategic Programs
SEC. 151. B–2 BOMBER AIRCRAFT PROGRAM.
(a) AMOUNT FOR PROGRAM.—Of the amount appro-
priated pursuant to section 103 for the Air Force for fiscal
year 1994 for procurement of aircraft, not more than
$911,300,000 may be obligated for procurement for the B–
2 bomber aircraft program.
(b) B–2 BUYOUT AND TERMINATION.—The funds re-
ferred to in subsection (a) may be obligated only for the
purpose of procurement associated with closing out the B–
2 bomber aircraft program, including amounts for procure-
ment of spares and parts for that aircraft.
(c) REAFFIRMATION OF LIMITATION ON NUMBER OF
B–2 AIRCRAFT.—As provided in section 151(c) of Public
Law 102–484 (106 Stat. 2339), the Secretary of the Air
Force may not procure more than 20 deployable B–2 air-
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craft (plus one test aircraft which may not be made oper-
ational).
(d) LIMITATION ON OBLIGATION OF FY94 FUNDS.—
None of the funds appropriated pursuant to section 103 for
the Air Force for fiscal year 1994 may be obligated for the
B–2 bomber aircraft program until each of the conditions
specified in paragraphs (1), (2), and (3) of section 151(d)
of Public Law 102–484 (106 Stat. 2339), including the con-
dition requiring the enactment of an Act which permits the
obligation of certain funds for the procurement of B–2
bomber aircraft, has been satisfied.
(e) DENIAL OF INTERIM NEAR-PRECISE MUNITIONS
PROGRAM.—(1) The Secretary of the Air Force may not
use any funds appropriated for fiscal year 1994 or any
prior fiscal year for the development, integration, or acqui-
sition of an interim near-precise munitions capability for
the B–2 aircraft.
(2) For the purposes of paragraph (1):
(A) The term ‘‘near-precise munitions capabil-
ity’’ means the capability that the Secretary of the
Air Force has proposed for the B–2 aircraft to be pro-
duced by the Global Positioning System-aided
targeting system and Global Positioning System-
aided munitions.
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(B) The term ‘‘interim’’, with respect to a muni-
tions capability for the B–2 aircraft, means a capa-
bility proposed for the period before the availability
of the Joint Direct Attack Munition for that aircraft.
SEC. 152. B–1 BOMBER AIRCRAFT PROGRAM.
(a) INTERIM NEAR-PRECISE MUNITIONS PROGRAM.—
The Secretary of the Air Force shall initiate a program for
the production of Global Positioning System-aided muni-
tions (GAM) for 10 B–1 bomber aircraft. It shall be the
goal of the program to achieve an interim near-precise mu-
nitions capability on 10 B–1 aircraft by 1996.
(b) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated pursuant to section 103 for the Air
Force for fiscal year 1994 for procurement of aircraft,
$263,355,000 shall be available for procurement for B–1B
aircraft, of which $100,808,000 shall be available for modi-
fication of inservice aircraft. Of the amount available for
modification of inservice aircraft, $50,000,000 shall be
available for the purchase of GAM kits to achieve the muni-
tions capability described in subsection (a).
SEC. 153. TRIDENT II (D–5) MISSILE PROCUREMENT.
(a) FINAL PRODUCTION.—Of amounts appropriated
pursuant to section 102 for procurement of weapons (in-
cluding missiles and torpedoes) for the Navy for fiscal year
1994—
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(1) not more than $983,300,000 may be obligated
for procurement of Trident II (D–5) missiles; and
(2) not more than $145,251,000 may be obligated
for advance procurement for production of D–5 mis-
siles for a fiscal year after fiscal year 1994.
(b) OPTIONS FOR ACHIEVING SLBM WARHEAD LIMI-
TATIONS.—Not later than April 1, 1994, the Secretary of
Defense shall submit to Congress a report on options avail-
able for achieving the limitations on submarine-launched
ballistic missile (SLBM) warheads imposed by the START
II treaty at significantly reduced costs from the costs
planned during fiscal year 1994. The report shall include
an examination of the implications for those options of fur-
ther reductions in the number of such warheads under fur-
ther strategic arms reduction treaties.
(c) LIMITATION ON FY94 PRODUCTION AND ADVANCE
PROCUREMENT.—None of the funds appropriated for the
Navy referred to in subsection (a) may be obligated for pro-
duction or advance procurement of Trident II (D–5) mis-
siles until the later of (1) the date on which the President’s
budget for fiscal year 1995 is submitted to Congress pursu-
ant to section 1105 of title 31, United States Code, or (2)
the date on which the report required by subsection (b) is
received by Congress.
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SEC. 154. PROHIBITION ON RETROFITTING TRIDENT I SUB-
MARINES TO CARRY TRIDENT II (D–5) MIS-
SILES.
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.
Subtitle F—Other Matters
SEC. 171. CHEMICAL MUNITIONS DISPOSAL FACILITIES,
TOOELE ARMY DEPOT, UTAH.
(a) LIMITATION
PENDING
CERTIFICATION.—After
January 1, 1994, none of the funds appropriated to the De-
partment of Defense for fiscal year 1993 or 1994 may be
obligated for the systemization of chemical munitions dis-
posal facilities at Tooele Army Depot, Utah, until the Sec-
retary of Defense submits to Congress a certification de-
scribed in subsection (b).
(b) CERTIFICATION REQUIREMENT.—A certification
referred to in subsection (a) is a certification submitted by
the Secretary of Defense to Congress that—
(1) the recommendations for the realignment of
Tooele Army Depot contained in the recommendations
of the Defense Base Closure and Realignment Com-
mission approved by the President on July 6, 1993,
will not jeopardize the health, safety, or welfare of the
community surrounding Tooele Army Depot; and
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(2) adequate base support, management, over-
sight, and security personnel to ensure the public safe-
ty in the operation of chemical munitions disposal fa-
cilities constructed and operated at Tooele Army
Depot will remain at that depot after the completion
of the realignment of that depot in accordance with
those recommendations.
(c) SUPPORTING REPORT.—The Secretary of Defense
shall include with a certification under this section a report
specifying by job title and category all base support, man-
agement, oversight, and security personnel to be retained
at Tooele Army Depot after the realignment of that depot
is completed in accordance with the recommendations of the
Defense Base Closure and Realignment Commission re-
ferred to in subsection (b)(1).
(d) EXCEPTION.—Subsection (a) shall not apply if the
recommendations of the Defense Base Closure and Realign-
ment Commission approved by the President on July 6,
1993, are disapproved by law enacted in accordance with
section 2904(b) of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101–
510; 10 U.S.C. 2687 note).
SEC. 172. AUTHORITY TO CONVEY LOS ALAMOS DRY DOCK.
(a) AUTHORITY.—The Secretary of the Navy may con-
vey to the Brownsville Navigation District of Brownsville,
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Texas, all right, title, and interest of the United States in
and to the dry dock designated as Los Alamos (AFDB7).
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the Brownsville Navigation Dis-
trict shall permit the Secretary of the Navy—
(1) to use real property which is (A) located on
and near a ship channel, (B) under the ownership or
control of the Brownsville Navigation District, and
(C) not used by the Brownsville Navigation District,
except that such use shall be only for training pur-
poses and shall be permitted for a five-year period be-
ginning on the date of the transfer;
(2) to use such property under paragraph (1)
without reimbursement from the Secretary of the
Navy; and
(3) to use the dock for dockage services, without
reimbursement from the Secretary of the Navy, except
that such use shall be for not more than 45 days each
year during the period referred to in paragraph (1)
and shall be subject to all applicable Federal and
State laws, including laws on maintenance and
dredging.
(c) EXTENSION OF USE.—At the end of the five-year
period referred to in subsection (b)(1), the Secretary of the
Navy and the chief executive officer of the Brownsville Navi-
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gation District may enter into an agreement to extend the
period during which the Secretary may use real property
and dockage under subsection (b).
(d) CONDITION.—As a condition of the conveyance au-
thorized by subsection (a), the Secretary shall enter into an
agreement with the Brownsville Navigation District under
which the Brownsville Navigation District agrees to hold
the United States harmless for any claim arising with re-
spect to the drydock after the conveyance of the drydock
other than as a result of use of the dock by the Navy pursu-
ant to subsection (b) or an agreement under subsection (c).
SEC. 173. SALES AUTHORITY OF CERTAIN WORKING-CAP-
ITAL FUNDED INDUSTRIAL FACILITIES OF
THE ARMY.
(a) IN GENERAL.—(1) Chapter 433 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 4543. Army industrial facilities: sales of manufac-
tured articles or services outside Depart-
ment of Defense
‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—Regula-
tions under section 2208(h) of this title shall authorize a
working-capital funded Army industrial facility (including
a Department of the Army arsenal) that manufactures large
caliber cannons, gun mounts, recoil mechanisms, ammuni-
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tion, munitions, or components thereof to sell manufactured
nondefense-related commercial articles or services to a per-
son outside the Department of Defense if—
‘‘(1) in the case of an article, the article is sold
to a United States manufacturer, assembler, devel-
oper, or other concern—
‘‘(A) for use in developing new products;
‘‘(B) for incorporation into items to be sold
to, or to be used in a contract with, an agency
of the United States;
‘‘(C) for incorporation into items to be sold
to, or to be used in a contract with, or to be used
for purposes of soliciting a contract with, a
friendly foreign government; or
‘‘(D) for use in commercial products;
‘‘(2) in the case of an article, the purchaser is
determined by the Department of Defense to be quali-
fied to carry out the proposed work involving the arti-
cle to be purchased;
‘‘(3) the sale is to be made on a basis that does
not interfere with performance of work by the facility
for the Department of Defense or for a contractor of
the Department of Defense; and
‘‘(4) in the case of services, the services are relat-
ed to an article authorized to be sold under this sec-
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tion and are to be performed in the United States for
the purchaser.
‘‘(b) ADDITIONAL REQUIREMENTS.—The regulations
shall also—
‘‘(1) require that the authority to sell articles or
services under the regulations be exercised at the level
of the commander of the major subordinate command
of the Army with responsibility over the facility con-
cerned;
‘‘(2) authorize a purchaser of articles or services
to use advance incremental funding to pay for the ar-
ticles or services; and
‘‘(3) in the case of a sale of commercial articles
or commercial services in accordance with subsection
(a) by a facility that manufactures large caliber can-
nons, gun mounts, or recoil mechanisms, or compo-
nents thereof, authorize such facility—
‘‘(A) to charge the buyer, at a minimum,
the variable costs that are associated with the
commercial articles or commercial services sold;
‘‘(B) to enter into a firm, fixed-price con-
tract or, if agreed by the buyer, a cost reimburse-
ment contract for the sale; and
‘‘(C) to develop and maintain (from sources
other than appropriated funds) working capital
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to be available for paying design costs, planning
costs, procurement costs, and other costs associ-
ated with the commercial articles or commercial
services sold.
‘‘(c) RELATIONSHIP
TO
ARMS
EXPORT
CONTROL
ACT.—Nothing in this section shall be construed to affect
the application of the export controls provided for in section
38 of the Arms Export Control Act (22 U.S.C. 2778) to
items which incorporate or are produced through the use
of an article sold under this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘commercial article’ means an ar-
ticle that is usable for a nondefense purpose.
‘‘(2) The term ‘commercial service’ means a serv-
ice that is usable for a nondefense purpose.
‘‘(3) The term ‘advance incremental funding’,
with respect to a sale of articles or services, means a
series of partial payments for the articles or services
that includes—
‘‘(A) one or more partial payments before
the commencement of work or the incurring of
costs in connection with the production of the ar-
ticles or the performance of the services, as the
case may be; and
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‘‘(B) subsequent progress payments that re-
sult in full payment being completed as the re-
quired work is being completed.
‘‘(4) The term ‘variable costs’, with respect to
sales of articles or services, means the costs that are
expected to fluctuate directly with the volume of sales
and—
‘‘(A) in the case of articles, the volume of
production necessary to satisfy the sales orders;
or
‘‘(B) in the case of services, the extent of the
services sold.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘4543. Army industrial facilities: sales of manufactured articles or services outside
Department of Defense.’’.
(b) CONFORMING AMENDMENT.—Subsection (i) of sec-
tion 2208 of such title is amended to read as follows:
‘‘(i) For provisions relating to sales outside the De-
partment of Defense of manufactured articles and services
by a working-capital funded Army industrial facility (in-
cluding a Department of the Army arsenal) that manufac-
tures large caliber cannons, gun mounts, recoil mechanisms,
ammunition, munitions, or components thereof, see section
4543 of this title.’’.
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(c) DEADLINE FOR REGULATIONS.—Regulations under
subsection (b) of section 4543 of title 10, United States
Code, as added by subsection (a), shall be prescribed not
later than 30 days after the date of the enactment of this
Act.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorizations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for the use of the Department of Defense for
research, development, test, and evaluation, as follows:
(1) For the Army, $5,417,141,000.
(2) For the Navy, $8,736,970,000.
(3) For the Air Force, $13,446,635,000.
(4) For Defense-wide activities, $10,284,652,000,
of which—
(A) $232,592,000 is authorized for the ac-
tivities of the Director, Test and Evaluation; and
(B) $12,650,000 is authorized for the Direc-
tor of Operational Test and Evaluation.
SEC. 202. MANUFACTURING TECHNOLOGY DEVELOPMENT.
(a) FISCAL YEAR 1994.—Of the amounts authorized
to be appropriated by section 201, $315,000,000 shall be
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available for, and may be obligated only for, manufacturing
technology development as follows:
(1) For the Army: $50,000,000.
(2) For the Navy, $120,000,000.
(3) For the Air Force, $110,000,000.
(4) 
For 
the 
Defense 
Logistics 
Agency,
$35,000,000, of which $15,000,000 is available only
for the establishment of a pilot program for the
metalcasting industry.
(b) INDUSTRIAL MODERNIZATION IMPROVEMENT PRO-
GRAM.—The Secretary shall reestablish the Industrial Mod-
ernization Improvement Program (IMIP) of the Depart-
ment of Defense carried out through the Manufacturing
Technology programs and shall provide sufficient funding
for that program for fiscal year 1994 from funds referred
to in subsection (a).
(c) WORKER SKILLS.—Manufacturing technology de-
velopment programs conducted by or for the Department
of Defense, including those programs for which funds are
made available pursuant to subsection (a), shall include a
focus on production technologies designed to build on and
expand existing worker skills and experience in manufac-
turing production.
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Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. DEMONSTRATION PROGRAM FOR BALLISTIC MIS-
SILE POST-LAUNCH DESTRUCT MECHANISM.
(a) DEMONSTRATION PROGRAM.—The Secretary of De-
fense shall conduct a demonstration program to develop and
test a ballistic missile post-launch destruct mechanism. The
program shall be carried out through the Advanced Re-
search Projects Agency.
(b) FUNDING.—The amount expended for the dem-
onstration program may not exceed $15,000,000. Subject to
the provisions of appropriations Acts, the Secretary may
provide $5,000,000 for the program from unexpended bal-
ances remaining available for obligation from funds appro-
priated to the Department of Defense for fiscal year 1993.
SEC. 212. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE
PROGRAMS.
(a) AUTHORIZATION.—Of the funds appropriated pur-
suant 
to 
section 
201 
for 
Defense-wide 
activities,
$288,518,000 shall be available for airborne reconnaissance
programs.
(b) LIMITATION.—None of the funds referred to in sub-
section (a) or funds appropriated for fiscal year 1994 for
the Navy for research, development, test, and evaluation
may be obligated for Navy EP–3 aircraft modifications.
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SEC. 213. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) LIMITATION.—During each of fiscal year 1994 and
fiscal year 1995, the Secretary of Defense may not obligate
funds for expenditure at a federally funded research and
development center described in subsection (b) in excess of
90 percent of the amount obligated by the Secretary for ex-
penditure at that center during fiscal year 1993.
(b) COVERED ENTITIES.—Subsection (a) applies with
respect to any federally funded research and development
center (other than a center that performs applied scientific
research under laboratory conditions) that during fiscal
years 1991 through 1993 had average annual expenditures
of funds derived from the Department of Defense in excess
of $25,000,000.
SEC. 214. HIGH PERFORMANCE COMPUTER MODERNIZA-
TION PROGRAM.
Funds made available for fiscal year 1994 for the De-
partment of Defense High Performance Computer (HPC)
Modernization Program for Department of Defense research
centers and laboratories may be used only for—
(1) the execution of upgrade options under an
existing contract for installed supercomputer facilities
that have not kept technically current; or
(2) the conduct of competitive procurement for
supercomputers that are architecturally stable and
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production compatible and that can be successfully
demonstrated using statistically valid samples of the
current workloads of the research centers and labora-
tories that will be using the supercomputers without
substantive reprogramming or program conversion.
SEC. 215. HIGH PERFORMANCE COMPUTING AND COMMU-
NICATION INITIATIVE.
(a) INDEPENDENT STUDY.—The Secretary of Defense
shall request the National Research Council (NRC) of the
National Academy of Sciences to conduct a comprehensive
study of the inter-agency High Performance Computing
and Communications Initiative (HPCCI), with emphasis
on the elements of the program supported by the Depart-
ment of Defense and the relationship of those elements to
other elements of the program.
(b) MATTERS TO BE INCLUDED.—The study shall ad-
dress (at a minimum) the following aspects of the High Per-
formance Computing and Communications Initiative:
(1) The basic underlying rationale for the initia-
tive.
(2) The appropriateness of the goals and direc-
tions of the initiative.
(3) The balance between various elements of the
initiative.
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(4) The likelihood that the various goals of the
initiative will be achieved.
(5) The management and coordination of the
initiative.
(c) COOPERATION WITH STUDY.—The Secretary of De-
fense shall direct all relevant defense agencies to cooperate
fully with the National Research Council in all aspects of
this study, and shall request similar cooperation from the
heads of all other appropriate Federal agencies.
(d) FUNDING.—The sum of $800,000 shall be made
available from the Department’s High Performance Com-
puting and Communications Program to provide funds for
the National Research Council to conduct the study under
subsection (a).
(e) REPORT.—A report on the results of the study
under subsection (a) shall be submitted to the Secretary of
Defense not later than July 1, 1995. The Secretary shall
promptly submit the report of the study to the Committees
on Armed Services of the Senate and House of Representa-
tives. The report shall be submitted to the committees in
unclassified form with classified annexes as necessary.
SEC. 216. SUPERCONDUCTING MAGNETIC ENERGY STOR-
AGE (SMES) PROGRAM.
(a) PROGRAM OFFICE.—The Secretary of Defense shall
establish within the Department of the Navy a program of-
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fice to facilitate research and design studies leading to pos-
sible construction of Superconducting Magnetic Energy
Storage (SMES) test models.
(b) SCIENCE ADVISORY GROUP.—(1) The Secretary of
Defense shall establish an advisory committee in the De-
partment of Defense for Superconducting Magnetic Energy
Storage activities. The advisory committee shall be estab-
lished as a science advisory group and shall be independent
of the Department of the Navy.
(2) The membership of the advisory committee shall
include representatives from the President’s Office of
Science and Technology Policy, the Department of Defense,
the Department of Energy, the Environmental Protection
Agency, the Army Corps of Engineers, and private indus-
try.
(3) The advisory committee shall conduct a review
every two years of the progress of the Department of Defense
program for Superconducting Magnetic Energy Storage de-
velopment. The advisory committee shall submit a report
on each such review to the Secretary as directed by the Sec-
retary. Such report shall include the advisory committee’s
recommendations for outyear program options and funding.
The Secretary shall transmit each such report to Congress.
(4) The advisory committee shall continue in existence
until terminated by law.
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(c) FUNDING.—Immediately upon enactment of this
Act, the Secretary of Defense shall transfer from the Defense
Nuclear Agency to the Department of the Navy any funds
appropriated for fiscal years before fiscal year 1994 that
were designated for the Superconducting Magnetic Energy
Storage Project that remain available for obligation. Those
funds shall be obligated for (1) continued experimental work
(as defined in section 218(b)(4) of the National Defense Au-
thorization Act of 1993 (Public Law 102–484; 106 Stat.
2353)), (2) operation of the advisory group, and (3) study
of alternative SMES designs.
(d) DEADLINE.—The office referred to in subsection (a)
shall be created and staffed not later than 30 days after
the date of the enactment of this Act.
SEC. 217. SINGLE STAGE ROCKET TECHNOLOGY.
(a) PROGRAM FUNDING.—The Secretary of Defense
shall establish a Single Stage Rocket Technology program
and shall provide funds for that program within funds
available for the Advanced Research Projects Agency. That
program shall be managed within the Office of the Under
Secretary of Defense for Acquisition.
(b) FUNDING.—Of the amount appropriated pursuant
to section 201 for Defense-wide activities, $79,880,000 shall
be available for, and may be obligated only for, Single Stage
Rocket Technology.
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SEC. 218. ADVANCED ANTI-RADIATION GUIDED MISSILE.
Of the funds appropriated for research, development,
test, and evaluation for the Department of the Navy for fis-
cal year 1993 that remain available for obligation for Air
Systems Advanced Technology Development programs,
$10,077,000 shall be obligated and expended only for test-
ing, design, and fabrication of a dual-mode seeker for the
Advanced Anti-Radiation Guided Missile using technology
that is derived from work done with funding provided
through the Small Business Innovative Research (SBIR)
program.
SEC. 219. DP–2 VECTORED THRUST TECHNOLOGY DEM-
ONSTRATION PROJECT.
Of the funds appropriated for research, development,
test, and evaluation for the Defense Agencies for fiscal year
1993 that remain available for obligation for Tactical Tech-
nology programs within the Advanced Research Projects
Agency, $15,000,000 shall be obligated and expended only
for testing of the DP–2 Vectored Thrust Technology Dem-
onstration project for Special Operations Forces (SOF) ap-
plications.
SEC. 220. ADVANCED SELF PROTECTION JAMMER (ASPJ)
PROGRAM.
Notwithstanding section 122 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2334), the Secretary of Defense may carry
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out material procurement, logistics support, and integra-
tion of existing Advanced Self Protection Jammer systems
from Department of Defense inventory into the F–14D air-
craft for testing and evaluation using funds appropriated
to the Department of Defense for fiscal year 1993 and prior
years.
SEC. 221. ELECTRONIC COMBAT SYSTEMS TESTING.
(a) DETAILED TEST AND EVALUATION BEFORE INI-
TIAL LOW-RATE PRODUCTION.—The Secretary of Defense
shall ensure that any electronic combat system and any
command, control, and communications countermeasure
system is authorized to proceed into the low-rate initial pro-
duction stage only upon the completion of an appropriate,
rigorous, and structured test and evaluation regime. Such
a regime shall include testing and evaluation at each of the
following types of facilities: computer simulation and mod-
eling facilities, measurement facilities, system integration
laboratories, simulated threat hardware-in-the-loop test fa-
cilities, installed system test facilities, and open air ranges.
(b) TIMELY TEST AND EVALUATION REQUIRED.—The
Secretary shall ensure that test and evaluation of a system
as required by subsection (a) is conducted sufficiently early
in the development phase to allow (1) a correction-of-defi-
ciency plan to be developed and in place for deficiencies
identified by the testing before the system proceeds into low-
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rate initial production; and (2) the deficiencies identified
by test and evaluation be corrected before the system leaves
low-rate initial production.
(c) ANNUAL REPORT ON COMPLIANCE.—The Secretary
of Defense shall include in the annual Department of De-
fense Electronic Warfare Plan report a description of com-
pliance with this section during the preceding year. Such
a report shall include a description of the test and evalua-
tion process applied to each system, the results of that proc-
ess, and the adequacy of test and evaluation resources to
carry out that process.
(d) FUNDS USED FOR TESTING.—The costs of the test-
ing necessary to carry out this section with respect to any
system shall be paid from funds available for that system.
(e) APPLICABILITY.—The provisions of subsections (a)
and (b) shall apply to any electronic combat system pro-
gram and any command, control, and communications
countermeasure system program that is initiated after the
date of the enactment of this Act.
SEC. 222. LIMITATION ON DEPARTMENT OF DEFENSE MIS-
SILE LAUNCHES FOR TEST PURPOSES.
(a) LIMITATION.—The Secretary of Defense may not
conduct a launch of a missile as part of a test program
in any case in which an anticipated result of the launch
would be the release of debris in an area over land of the
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United States outside a designated 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.
SEC. 223. B–1 BOMBER AIRCRAFT PROGRAM.
(a) 
INTERIM
NEAR
PRECISE
MUNITIONS
AND
TARGETING PROGRAM.—The Secretary of the Air Force
shall initiate a program for the development and produc-
tion of a Global Positioning System-aided relative targeting
(GATS) system and Global Positioning System-aided mu-
nitions (GAM) for 10 B–1 bomber aircraft. It shall be the
goal of the program to achieve an interim near precise
weapons capability on 10 B–1 aircraft by 1996.
(b) DEFENSIVE AVIONICS UPGRADE PROGRAM.—The
Secretary of the Air Force shall continue efforts associated
with upgrades to the defensive avionics system of the B–
1B aircraft, including studies, analyses, and tests required
for a risk reduction program for a minimum of three, and
up to four, defensive avionics participants.
(c) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated pursuant to section 201 for the Air
Force for fiscal year 1994, $180,543,000 shall be available
for the B–1B aircraft program, of which—
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(1) $57,000,000 shall be made available for de-
velopment and integration of a GPS-aided relative
targeting system and development of GPS-aided mu-
nitions as provided in subsection (a); and
(2) $37,200,000 shall be made available for up-
grades to the B–1 defensive avionics system as pro-
vided in subsection (b).
Subtitle C—Missile Defense
Programs
SEC. 231. FUNDING FOR FISCAL YEAR 1994.
Of the amounts appropriated pursuant to section 201
or otherwise made available to the Department of Defense
for research, development, test, and evaluation for fiscal
year 1994, not more than a total of $2,617,448,000 may
be obligated for ballistic missile defense. None of such
amount is available for the Brilliant Pebbles program.
SEC. 232. REPORT ON ALLOCATION OF FUNDS.
When the President’s budget for fiscal year 1995 is sub-
mitted to Congress pursuant to section 1105 of title 31,
United States Code, the Secretary of Defense shall submit
to the congressional defense committees a report—
(1) setting forth the allocation by the Secretary
of funds appropriated for ballistic missile defense for
fiscal year 1994, and the proposed allocation of funds
for ballistic missile defense for fiscal year 1995, shown
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for Theater Missile Defense, Limited Defense System,
Other Follow-On Systems, Research and Support,
and the Small Business Innovation Research and
Small Business Technology Transfer programs of the
Small Business Administration, for each program,
project, and activity; and
(2) describing an updated master plan for the
Theater Missile Defense Initiative that includes (A) a
detailed consideration of plans for theater and tac-
tical missile defense doctrine, training, tactics, and
force structure, and (B) a detailed acquisition strat-
egy which includes a consideration of acquisition and
life-cycle costs through the year 2006 for the pro-
grams, projects, and activities associated with the
Theater Missile Defense Initiative.
SEC. 233. TRANSFER AUTHORITIES FOR BALLISTIC MISSILE
DEFENSE.
(a) IN GENERAL.—After the submission of the report
required under section 232, the Secretary of Defense may
transfer funds among the ballistic missile defense program
elements named in section 232 of this Act.
(b) LIMITATION.—The total amount that may be
transferred to or from any program element named in sec-
tion 232—
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(1) may not exceed 10 percent of the amount
provided in the report for the program element from
which the transfer is made; and
(2) may not result in an increase of more than
10 percent of the amount provided in the report for
the program element to which the transfer is made.
(c) RESTRICTION.—Transfer authority under sub-
section (a) may not be used for a decrease in funds identi-
fied in section 231(a) for the Theater Missile Defense Initia-
tive.
(d) MERGER
AND AVAILABILITY.—Amounts trans-
ferred pursuant to subsection (a) shall be merged with and
be available for the same purposes as the amounts to which
transferred.
SEC. 234. REVISIONS TO MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II of
Public Law 102–190; 10 U.S.C. 2431 note) is amended as
follows:
(1) Section 232(a) is amended—
(A) in paragraph (1), by striking out
‘‘while deploying’’ and inserting in lieu thereof
‘‘while developing the option to deploy’’; and
(B) in paragraph (3), by inserting ‘‘, as ap-
propriate,’’ before ‘‘to friends and allies of the
United States’’.
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(2) Section 232(b) is amended—
(A) in paragraphs (1) and (2), by striking
out ‘‘the Soviet Union’’ and inserting in lieu
thereof ‘‘Russia’’; and
(B) in paragraph (2), by striking out
‘‘Treaty, to include the down-loading of multiple
warhead ballistic missiles’’ and inserting in lieu
thereof ‘‘Treaties, to include the down-loading of
multiple warhead ballistic missiles, as appro-
priate’’.
(3) Section 233(b) is amended—
(A) in paragraph (1), by inserting ‘‘in com-
pliance with the ABM Treaty’’ after ‘‘for deploy-
ment’’;
(B) by striking out paragraph (2) and in-
serting in lieu thereof the following:
‘‘(2) INITIAL ABM DEPLOYMENT.—The Secretary
shall develop, at an appropriate pace, a cost-effective,
operationally effective, and ABM Treaty-compliant
anti-ballistic missile system for potential deployment
at a single site. The Secretary shall ensure that com-
ponents of such system are themselves in compliance
with the ABM Treaty.’’; and
(C) by striking out paragraph (3).
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(4) Subsection (c) of section 233 is amended to
read as follows:
‘‘(c) PRESIDENTIAL ACTIONS.—Congress urges the
President to pursue immediate discussions with Russia on
the feasibility and mutual interest of amendments to the
ABM Treaty to permit clarification of the distinctions for
the purposes of the ABM Treaty between theater missile de-
fenses and anti-ballistic missile defenses, including inter-
ceptors and radars.’’.
(5) Section 234 is amended to read as follows:
‘‘SEC. 234. MANAGEMENT RESPONSIBILITY FOR RESEARCH
AND DEVELOPMENT OF FAR-TERM FOLLOW-
ON TECHNOLOGIES.
‘‘(a) MANAGEMENT RESPONSIBILITY.—The Secretary
of Defense shall provide that management and budget re-
sponsibility for research and development of any far-term
follow-on technology relating to ballistic missile defense
shall be provided through the Advanced Research Projects
Agency or the appropriate military department.
‘‘(b) WAIVER AUTHORITY.—The Secretary may waive
the provisions of subsection (a) in the case of a particular
far-term follow-on technology that on December 5, 1991,
was under the Strategic Defense Initiative Organization
and provide that management and budget responsibility for
research and development of that technology shall be pro-
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vided through the Ballistic Missile Defense Organization if
the Secretary determines, and certifies to the congressional
defense committees, that providing management and budget
responsibility for research and development of that tech-
nology as provided in subsection (a) would not be in the
national security interests of the United States.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘far-term follow-on technology’ means a technology
that is not likely to be incorporated into a weapon system
before 2008.’’.
(6) Section 235 is amended—
(A) by striking out ‘‘Strategic Defense Ini-
tiative’’ in subsections (a) and (b) and inserting
in lieu thereof ‘‘Ballistic Missile Defense pro-
gram’’; and
(B) by striking out the section heading and
inserting in lieu thereof the following:
‘‘SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE
DEFENSE PROGRAM.’’.
(7) Section 236(c) is amended by striking out
‘‘Strategic Defense Initiative Organization’’ and in-
serting in lieu thereof ‘‘Ballistic Missile Defense Orga-
nization’’.
(8) Section 238 is amended—
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(A) by striking out ‘‘As deployment’’ and
inserting in lieu thereof ‘‘As time for a decision
concerning exercising the option for deploy-
ment’’; and
(B) by striking out ‘‘to the deployment
date’’.
SEC. 235. PATRIOT ADVANCED CAPABILITY–3 THEATER MIS-
SILE DEFENSE SYSTEM.
(a) COMPETITION FOR MISSILE SELECTION.—The Sec-
retary of Defense shall continue the strategy being carried
out by the Ballistic Missile Defense Organization as of July
1, 1993, for selection of the best technology (in terms of cost,
schedule, risk, and performance) to meet the missile require-
ments for the Patriot Advanced Capability-3 (PAC-3) thea-
ter missile defense system. That strategy, consisting of flight
testing, ground testing, simulations, and other analyses of
the two competing missiles (the Patriot Multimode Missile
and the Extended Range Interceptor (ERINT) missile),
shall be continued until the Secretary determines that the
Ballistic Missile Defense Organization has adequate infor-
mation upon which to base a decision as to which missile
will be selected to proceed into the Engineering and Manu-
facturing Development stage.
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(b) FUNDS FOR DEMONSTRATION AND VALIDATION.—
Of the funds authorized to be appropriated by section 201
for the Ballistic Missile Defense Organization—
(1) not less than $44,100,000 shall be available
for demonstration and validation purposes for the Pa-
triot Multimode Missile program;
(2) not less than $55,900,000 shall be available
for demonstration and validation purposes for the Ex-
tended Range Interceptor program; and
(3) not less than $52,700,000 shall be available
for demonstration and validation and for the Engi-
neering and Manufacturing Development stage for the
system selected and for appropriate risk mitigation
activities.
(c) IMPLICATIONS OF DELAY.—If there is a delay
(based upon the schedule in effect in mid-1993) in the selec-
tion described in subsection (a) of the missile for the Patriot
Advanced Capability–3 system, the Secretary of Defense
shall ensure that demonstration and validation of both com-
peting systems can continue as needed to support an in-
formed decision for such selection.
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SEC. 236. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC
MISSILE SYSTEMS OR COMPONENTS TO BE
CARRIED OUT IN ACCORDANCE WITH TRADI-
TIONAL INTERPRETATION OF ANTI-BALLIS-
TIC MISSILE TREATY.
(a) LIMITATION.—Funds appropriated to the Depart-
ment of Defense for fiscal year 1994, or otherwise made
available to the Department of Defense from any funds ap-
propriated for fiscal year 1994 or for any fiscal year before
1994, may not be obligated or expended—
(1) for any development or testing of anti-ballis-
tic missile systems or components except for develop-
ment and testing consistent with the interpretation of
the 1972 ABM Treaty set forth in the enclosure to the
July 13, 1993, ACDA letter; or
(2) for the acquisition of any material or equip-
ment (including any long lead materials, components,
piece parts, test equipment, or any modified space
launch vehicle) required or to be used for the develop-
ment or testing of anti-ballistic missile systems or
components, except for material or equipment re-
quired for development or testing consistent with the
interpretation of the 1972 ABM Treaty set forth in
the enclosure to the July 13, 1993, ACDA letter.
(b) EXCEPTION.—The limitation under subsection (a)
shall not apply to funds transferred to or for the use of the
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Ballistic Missile Defense Organization for fiscal year 1994
if the transfer is made in accordance with section 1001 of
this Act.
(c) DEFINITION.—In this section, the term ‘‘July 13,
1993, ACDA letter’’ means the letter dated July 13, 1993,
from the Acting Director of the Arms Control and Disar-
mament Agency to the chairman of the Committee on For-
eign Relations of the Senate relating to the correct interpre-
tation of the 1972 ABM Treaty and accompanied by an
enclosure setting forth such interpretation.
SEC. 237. THEATER MISSILE DEFENSE ROAD MAP.
(a) INTEGRATION AND COMPATIBILITY.—In carrying
out the Theater Missile Defense Initiative, the Secretary of
Defense shall—
(1) seek to maximize the use of existing systems
and technologies; and
(2) seek to promote joint use by the military de-
partments of existing and future ballistic missile de-
fense equipment (rather than each military depart-
ment developing its own systems that would largely
overlap in their capabilities).
The Secretaries of the military departments shall seek the
maximum integration and compatibility of their ballistic
missile defense systems as well as of the respective roles and
missions of those systems.
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(b) TMD ANALYSIS.—The Secretary of Defense shall
submit to Congress a report containing a thorough and
complete analysis of the future of theater missile defense
programs. The analysis shall include the following:
(1) A description of the mission and scope of
Theater Missile Defense.
(2) A description of the role of each of the Armed
Forces in Theater Missile Defense.
(3) A description of how those roles interact and
complement each other.
(4) An evaluation of the cost and relative effec-
tiveness of each interceptor and sensor under develop-
ment as part of a Theater Missile Defense system by
the Ballistic Missile Defense Organization.
(5) An analysis and comparison of the projected
life-cycle costs of each Theater Missile Defense system
intended for production (shown separately for re-
search, development, test, and evaluation, for procure-
ment, for operation and maintenance, and for person-
nel costs for each element).
(6) Specification of the baseline production rate
for each year of the program through completion of
procurement.
(7) Estimation of the unit cost and capabilities
of each element.
HR 2401 RH
(c) DESCRIPTION OF TESTING PROGRAM.—The Sec-
retary of Defense shall include in the report under sub-
section (b) a description of the current and projected testing
program for theater missile defense systems and major com-
ponents. The report shall include an evaluation of the ade-
quacy of the testing program to simulate conditions similar
to those the systems and components would actually be ex-
pected to encounter if and when deployed (such as the abil-
ity to track and engage multiple targets with multiple
interceptors, to discriminate targets from decoys and other
incoming objects, and to be employed in a shoot-look-shoot
firing mode).
(d) RELATIONSHIP TO ARMS CONTROL TREATIES.—
The Secretary shall include in the report under subsection
(b) a statement of how production and deployment of any
projected Theater Missile Program will conform to existing
Anti-Ballistic Missile Treaty and Intermediate Nuclear
Forces Treaty Regimes. The report shall describe any poten-
tial noncompliance with either Regime, when such non-
compliance is expected to occur, and whether provisions
need to be renegotiated within that Regime to address future
contingencies.
(e) SUBMISSION OF REPORT.—The report required by
subsection (b) shall be submitted as part of the next annual