In the Senate of the United States,
July 1 (legislative day, June 7), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4301) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1995 for military activities of the Depart-
ment of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1995’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
HR 4301 EAS
(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.
Sec. 4. General limitation.
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. Reserve components.
Sec. 106. Chemical demilitarization program.
Sec. 107. Joint Training, Analysis and Simulation Center.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for M1A2 tank upgrades.
Sec. 112. Transfer of replacement Army tank to Marine Corps Reserve.
Sec. 113. Replacement surveillance system for Korea.
Sec. 114. Small arms industrial base.
Sec. 115. Bunker defeat munition missiles.
Subtitle C—Navy Programs
Sec. 121. Nuclear aircraft carrier program.
Sec. 122. Seawolf submarine program.
Sec. 123. Naval amphibious ready groups.
Subtitle D—Air Force Programs
Sec. 131. Settlement of claims under the C–17 aircraft program.
Sec. 132. Retirement of bomber aircraft.
Subtitle E—Other Matters
Sec. 141. Preserving the bomber industrial base.
Sec. 142. Dual-use electric and hybrid vehicles.
Sec. 143. Sales authority of working-capital funded Army industrial facilities.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Strategic environmental research and development program.
Sec. 204. High resolution imaging.
HR 4301 EAS
Subtitle B—Programs Requirements, Restrictions, and
Limitations
Sec. 211. Tactical antisatellite technologies program.
Sec. 212. Transfer of MILSTAR communications satellite program.
Sec. 213. Transfer of funds for single-stage to orbit rocket.
Sec. 214. Limitation on dismantlement of intercontinental ballistic missiles.
Sec. 215. Limitation on obligation of funds for seismic monitoring research.
Sec. 216. Federally funded research and development centers.
Subtitle C—Missile Defense Programs
Sec. 221. Compliance of ballistic missile defense systems and components with
ABM treaty.
Sec. 222. Revisions to the Missile Defense Act of 1991.
Sec. 223. Limitation.
Sec. 224. Management and budget responsibility for space-based chemical laser
program.
Sec. 225. Senate advice and consent on agreements that modify the Anti-Ballistic
Missile Treaty.
Subtitle D—Defense Conversion, Reinvestment, and Transition
Assistance Matters
Sec. 231. Funding of defense technology reinvestment programs for fiscal year
1995.
Sec. 232. Financial commitment requirements for small business concerns for
participation in technology reinvestment projects.
Sec. 233. Conditions on funding of defense technology reinvestment projects.
Sec. 234. Federal defense laboratory diversification and Navy reinvestment in the
technology and industrial base.
Sec. 235. Small business defense conversion guaranteed loans.
Subtitle E—Other Matters
Sec. 241. Cooperative research and development agreements with NATO organiza-
tions.
Sec. 242. Defense women’s health research program.
Sec. 243. Requirement for submission of annual report of the Semiconductor
Technology Council to Congress.
Sec. 244. Report on oceanographic survey and research requirements to support
littoral warfare.
Sec. 245. LANSCE/LAMPF upgrades.
Sec. 246. Study regarding live-fire survivability testing of F–22 aircraft.
Sec. 247. University Research Initiative support program.
Sec. 248. Manufacturing science and technology program.
Sec. 249. Defense experimental program to stimulate competitive research.
Sec. 250. Study on beaming high power laser energy to satellites.
Sec. 251. Advanced threat radar jammer.
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 funding.
HR 4301 EAS
Sec. 304. National Security Education Trust Fund obligations.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Support for the 1995 Special Olympics World Games.
Sec. 307. Air National Guard fighter aircraft.
Subtitle B—Defense Business Operations Fund
Sec. 311. Permanent authority for use of fund for managing working capital
funds and certain activities.
Sec. 312. Implementation of improvement plan.
Sec. 313. Limitation on obligations against the capital asset fund.
Sec. 314. Limitation on obligations against the supply management divisions.
Subtitle C—Environmental Matters
Sec. 321. Prohibition on the purchase of surety bonds and other guarantees for
the Department of Defense.
Sec. 322. Extension of prohibition on use of environmental restoration funds for
payment of fines and penalties.
Sec. 323. Participation of Indian tribes in agreements for defense environmental
restoration.
Sec. 324. Extension of authority to issue surety bonds for certain environmental
programs.
Subtitle D—Matters Relating to Department of Defense
Civilian Employees
Sec. 331. Extension of certain transition assistance authorities.
Sec. 332. Extension and expansion of authority to conduct personnel demonstra-
tion projects.
Sec. 333. Limitation on payment of severance pay to certain employees transfer-
ring to employment positions in nonappropriated fund instru-
mentalities.
Sec. 334. Retirement credit for certain service in nonappropriated fund instru-
mentalities before January 1, 1987.
Sec. 335. Travel, transportation, and relocation expenses of employees transfer-
ring to the United States Postal Service.
Sec. 336. Foreign employees covered by the Foreign National Employees Separa-
tion Pay Account.
Sec. 337. Increased authority to accept voluntary services.
Subtitle E—Other Matters
Sec. 341. Change of source for performance of depot-level workloads.
Sec. 342. Civil Air Patrol.
Sec. 343. Armed Forces Retirement Home.
Sec. 344. Clarification of authority to provide medical transportation under Na-
tional Guard pilot program.
Sec. 345. ARMS Initiative loan guarantee program.
Sec. 346. Reauthorization of Department of Defense domestic elementary and sec-
ondary schools for dependents.
Sec. 347. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 348. Disposition of proceeds from operation of the Naval Academy laundry.
Sec. 349. Repeal of annual limitation on expenditures for emergency and extraor-
dinary expenses of the Department of Defense Inspector General.
HR 4301 EAS
Sec. 350. Extension of authority for program to commemorate World War II.
Sec. 351. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Sec. 352. Transfer of certain excess Department of Defense property to edu-
cational institutions and training schools.
Sec. 353. Ships’ stores.
Sec. 354. Humanitarian program for clearing landmines.
Sec. 355. Assistance to Red Cross for emergency communications services for
members of the Armed Forces and their families.
Sec. 356. Maritime prepositioning ship enhancement.
Sec. 357. Roll-on/roll-off vessels for the Ready Reserve force.
Sec. 358. Payment of certain stipulated civil penalties.
Sec. 359. Sale of articles and services of industrial facilities of the Armed Forces
to persons outside Department of Defense.
Sec. 360. Study of establishment of Land Management and Training Center at
Fort Riley, Kansas.
Sec. 361. Procurement of portable ventilators for the Defense Medical Facility Of-
fice, Fort Detrick, Maryland.
Sec. 362. Review by Defense Inspector General of cost growth in certain contracts.
Sec. 363. Cost comparison studies for contracts for advisory and assistance serv-
ices.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Extension of temporary variation of end strength limitations for Ma-
rine Corps majors and lieutenant colonels.
Sec. 403. Retention of authorized strength of general officers on active duty in the
Marine Corps for fiscal years after fiscal year 1995.
Sec. 404. Exception to limitation on number of general officers and flag officers
serving on active duty.
Sec. 405. Temporary exclusion of Superintendent of Naval Academy from count-
ing toward number of senior admirals authorized to be on active
duty.
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.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Subtitle E—Other Matters
Sec. 441. Repeal of required reduction in recruiting personnel.
HR 4301 EAS
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Service on successive selection boards.
Sec. 502. Promotion and other career management matters relating to warrant
officers on active-duty lists.
Sec. 503. Enlistment or retirement of Navy and Marine Corps limited duty offi-
cers having twice failed of selection for promotion.
Sec. 504. Educational requirements for appointment in reserve components in
grades above first lieutenant or lieutenant (junior grade).
Sec. 505. Limited exception from baccalaureate degree requirement for Alaska
scout officers.
Sec. 506. Original appointments of limited duty officers of the Navy and Marine
Corps serving in temporary grades.
Sec. 507. Selection for designated judge advocate positions.
Subtitle B—Reserve Component Matters
Sec. 511. Review of opportunities for ordering individual reserves to active duty
with consent.
Sec. 512. Increased period of active duty service for Selected Reserve forces mobi-
lized other than during war or national emergency.
Sec. 513. Repeal of obsolete provisions pertaining to transfer of regular enlisted
members to reserve components.
Sec. 514. Sense of the Senate concerning the training and modernization of the
reserve components.
Subtitle C—Other Matters
Sec. 521. Review of certain dismissals from the United States Military Academy.
Sec. 522. Transitional compensation and other benefits for dependents of members
separated for dependent abuse.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension and modification of certain bonuses and special pay for
nurse officer candidates, registered nurses, and nurse anes-
thetists.
Sec. 613. Extension of authority relating to payment of other bonuses and special
pays.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Responsibility for preparation of transportation mileage tables.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 631. Clarification of calculation of retired pay for officers who retire in a
grade lower than the grade held at retirement.
HR 4301 EAS
Sec. 632. Crediting of reserve service of enlisted members for computation of re-
tired pay.
Sec. 633. Forfeiture of annuity or retired pay of members convicted of espionage.
Sec. 634. Computation of retired pay to prevent pay inversions.
Sec. 635. Cost-of-living increases in SBP contributions to be effective concurrently
with payment of related retired pay cost-of-living increases.
Sec. 636. Requirement for equal treatment of civilian and military retirees in the
event of delays in cost-of-living adjustments.
Subtitle E—Defense Conversion, Reinvestment, and Transition
Assistance Matters
Sec. 641. Eligibility of members retired under temporary special retirement au-
thority for Servicemen’s Group Life Insurance.
Sec. 642. Annual payments for members retired under Guard and Reserve Tran-
sition Initiative.
Sec. 643. Increased eligibility and application periods for troops-to-teachers pro-
gram.
Sec. 644. Assistance for eligible members to obtain employment with law enforce-
ment agencies.
Sec. 645. Treatment of retired and retainer pay of members of cadre of Civilian
Community Corps.
Subtitle F—Other Matters
Sec. 651. Disability coverage for officer candidates granted excess leave.
Sec. 652. Use of morale, welfare, and recreation facilities by members of reserve
components and dependents.
Sec. 653. Special supplemental food program for Department of Defense personnel
outside the United States.
Sec. 654. Reimbursement for certain losses of household effects caused by hostile
action.
Sec. 655. Payment for transient housing for reserves performing certain training
duty.
Sec. 656. Study of offset of disability compensation by receipt of separation bene-
fits and incentives..
TITLE VII—HEALTH CARE PROVISIONS
Sec. 701. Revision of definition of dependents to include young people being
adopted by members or former members.
Sec. 702. Availability of dependents’ dental program outside the United States.
Sec. 703. Conditions under which medical and dental care of abused dependents
is authorized.
Sec. 704. Coordination of benefits with medicare.
Sec. 705. Authority for reimbursement of professional license fees under resource
sharing agreements.
Sec. 706. Chiropractic health care demonstration program.
Sec. 707. Implementation of annual health care survey requirement.
Sec. 708. Study and report on financial relief for certain medicare-eligible mili-
tary retirees who incur medicare late enrollment penalties.
Sec. 709. Eligibility for participation in demonstration programs for sale of
pharmaceuticals.
Sec. 710. Cost analysis of tidewater tricare delivery of pediatric health care to
military families.
HR 4301 EAS
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Use of Merit Based Selection Procedures
Sec. 801. Policy for merit based award of contracts and grants.
Sec. 802. Continuation of expiring requirement for annual report on the use of
competitive procedures for awarding certain contracts to colleges
and universities.
Subtitle B—Acquisition Assistance Programs
Sec. 811. Procurement technical assistance programs.
Sec. 812. Pilot Mentor-Protege Program.
Sec. 813. Infrastructure assistance for historically black colleges and other minor-
ity institutions of higher education.
Sec. 814. Extension of test program for negotiation of comprehensive small busi-
ness subcontracting plans.
Sec. 815. Limitation regarding acquisition assistance regulations required by
Public Law 103–160 but not issued.
Sec. 816. Treatment under subcontracting plans of purchases from qualified non-
profit agencies for the blind or severely disabled.
Subtitle C—Other Matters
Sec. 821. Use of certain funds pending submission of a national technology and
industrial base periodic defense capability assessment and a
periodic defense capability plan.
Sec. 822. Delegation of industrial mobilization authority.
Sec. 823. Permanent authority for the Department of Defense to share equitably
the costs of claims under international armaments cooperative
programs.
Sec. 824. Determinations of public interest under the Buy American Act.
Sec. 825. Documentation for awards for cooperative agreements or other trans-
actions under the defense technology reinvestment program.
Sec. 826. Comptroller General assessment of extent to which technology and in-
dustrial base programs attain policy objectives.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Secretarial Matters
Sec. 901. Additional Assistant Secretary of Defense.
Sec. 902. Order of succession to Secretaries of the military departments.
Subtitle B—Commission on Roles and Missions of the Armed
Forces
Sec. 911. Review of reserve components.
Sec. 912. Support by federally funded research and development centers.
Sec. 913. Revision in composition of Commission.
Subtitle C—Other Matters
Sec. 921. Composition of reserve forces policy board.
Sec. 922. Continuation of Uniformed Services University of the Health Sciences.
HR 4301 EAS
Sec. 923. Joint duty credit for certain duty performed during military operations
in support of unified, combined, or United Nations military op-
erations.
Sec. 924. Assistance for certain workers dislocated due to reductions by the Unit-
ed States in the export of defense articles and services.
Subtitle D—Professional Military Education
Sec. 931. Authority for Marine Corps University to award the degree of master
of military studies.
Sec. 932. Board of advisors of Marine Corps University.
Sec. 933. Authority for Air University to award the degree of master of airpower
art and science.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Emergency supplemental authorization of appropriations for fiscal
year 1994.
Sec. 1003. Date for submission of future-years mission budget.
Sec. 1004. Submission of future-years defense program in accordance with law.
Subtitle B—Matters Relating to Allies and Other Nations
Sec. 1011. Repeal of limitation on overseas military end strength.
Sec. 1012. Authorized end strength for military personnel in Europe.
Sec. 1013. Extension and revision of authorities relating to cooperative threat re-
duction.
Sec. 1014. Defense cooperation between the United States and Israel.
Sec. 1015. Military-to-military contacts and comparable activities.
Sec. 1016. Foreign disaster relief.
Sec. 1017. Burdensharing policy and report.
Sec. 1018. Review and report regarding Department of Defense programs relating
to regional security and host nation development in the Western
Hemisphere.
Sec. 1019. Payments-in-kind for release of United States overseas military facili-
ties to NATO host countries.
Subtitle C—Nonproliferation and Counterproliferation of
Weapon Systems and Related Systems
Sec. 1021. Extension and revision of nonproliferation authorities.
Sec. 1022. Joint Committee for the Review of Counterproliferation Programs of
the United States.
Sec. 1023. Report on counterproliferation activities and programs.
Sec. 1024. Amounts for counterproliferation activities.
Sec. 1025. Restriction relating to report on proliferation of foreign military sat-
ellites.
Subtitle D—Peace Operations
Sec. 1031. Reports on reforming multilateral peace operations.
Sec. 1032. Support for international peacekeeping and peace enforcement.
HR 4301 EAS
Subtitle E—Reporting Requirements
Sec. 1041. Report on offensive biological warfare program of the states of the
former Soviet Union.
Sec. 1042. Termination of certain Department of Defense reporting requirements.
Subtitle F—Acceptance of Pre-release Services of Nonviolent
Offenders
Sec. 1051. Use of inmate labor at military installations.
Sec. 1052. Revision of authority for use of Navy installations to provide employ-
ment training to nonviolent offenders in State penal systems.
Sec. 1053. Use of Army installations to provide employment training to non-
violent offenders in State penal systems.
Subtitle G—Discrimination and Sexual harassment
Sec. 1056. Department of Defense policies and procedures on discrimination and
sexual harassment.
Subtitle H—Other Matters
Sec. 1061. Redesignation of United States Court of Military Appeals and the
Courts of Military Review.
Sec. 1062. Assistance to family members of certain POW/MIAs who remain unac-
counted for.
Sec. 1063. National Guard assistance for certain youth and charitable organiza-
tions.
Sec. 1064. Defense Mapping Agency.
Sec. 1065. Transfer of naval vessels to Brazil.
Sec. 1066. Transfers of M1A1 tanks to the Marine Corps.
Sec. 1067. Limitation regarding merger of telecommunications systems.
Sec. 1068. Acquisition of strategic sealift ships.
Sec. 1069. Requirement for Secretary of Defense to submit recommendations on
certain provisions of law concerning missing persons.
Sec. 1070. Contact between the Department of Defense and the ministry of na-
tional defense of China on POW/MIA issues.
Sec. 1071. Disclosure of information concerning unaccounted for United States
personnel from the Korean Conflict, and the Cold War.
Sec. 1072. Requirement for certification by Secretary of Defense concerning de-
classification of Vietnam-era POW/MIA records.
Sec. 1073. Information concerning unaccounted for United States personnel of the
Vietnam conflict.
Sec. 1074. Report on POW/MIA matters concerning North Korea.
Sec. 1075. Elimination of disparity between effective dates for military and civil-
ian retiree cost-of-living adjustments for fiscal year 1995.
Sec. 1076. Military recruiting on campus.
Sec. 1077. Study on convergence of Geosat and EOS altimetry programs.
Sec. 1078. Visas for officials of Taiwan.
Sec. 1079. Sense of the Senate concerning participation in allied defense coopera-
tion.
Sec. 1080. Interagency placement program for Federal employees affected by re-
duction in force actions.
Sec. 1081. George C. Marshall European Center for Security Studies.
Sec. 1082. Changes in notice requirements upon pending or actual termination
of defense programs.
Sec. 1083. Transfer of obsolete vessel Guadalcanal.
HR 4301 EAS
Sec. 1084. Study of spousal abuse involving Armed Forces personnel.
Sec. 1085. Review of the procedures used by Department of Defense investigative
organizations when conducting an investigation into the death
of a member of the Armed Forces who, while serving on active
duty, died from a cause determined to be self-inflicted.
Sec. 1086. Public education facility of the Armed Forces Institute of Pathology.
Sec. 1087. Assignments of employees between Federal agencies and federally fund-
ed research and development centers.
Sec. 1088. Bosnia and Herzegovina.
Sec. 1089. Provision of intelligence and other assistance where drug trafficking
threatens national security.
Sec. 1090. Administration of athletics programs at the service academies.
Sec. 1091. Review of the bottom up review and the future year defense program
and establishment of new funding requirements and priorities.
Sec. 1092. Genocide in Rwanda.
Sec. 1093. Studies of health consequences of military service or employment in
Southwest Asia during the Persian Gulf War.
Sec. 1094. Grants for research into the health consequences of the Persian Gulf
War.
Sec. 1095. Compatibility of health registries.
Sec. 1096. Technical amendments.
Sec. 1097. North Atlantic Treaty Organization.
Sec. 1098. Limitation on obligation of funds for Mark–6 guidance sets for Tri-
dent II missiles.
Sec. 1099. Military planning for the size and structure of a force required for a
major regional contingency on the Korean Peninsula.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Relocation of Army family housing units from Fort Hunter Liggett,
California, to Fort Stewart, Georgia.
Sec. 2106. Highway safety at Hawthorne Army Ammunition Plant, Nevada.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authority to carry out construction project, Naval Supply Center,
Pensacola, Florida.
Sec. 2206. Relocation of Pascagoula Coast Guard Station, Mississippi.
Sec. 2207. Authority to carry out construction design for Mayport Naval Station,
Florida.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
HR 4301 EAS
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction projects at Tyndall Air Force
Base, Florida, for which funds have been appropriated.
Sec. 2306. Revision of authorized family housing project, Tyndall Air Force Base,
Florida.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Termination of authority to carry out fiscal year 1993 project.
Sec. 2407. Community impact assistance with regard to Naval Weapons Station,
Charleston, South Carolina.
Sec. 2408. Planning and design for construction in support of consolidation of
operations of the Defense Finance and Accounting Service.
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. Authorization of certain National Guard and Reserve projects for
which funds have been appropriated.
TITLE XXVII—EXPIRATION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorization of certain fiscal year 1992 projects.
Sec. 2703. Clarification of extension of authorizations of certain fiscal year 1991
projects.
Sec. 2704. Extension of certain fiscal year 1991 projects.
Sec. 2705. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Clarification of requirement for notification of Congress of improve-
ments in family housing units.
Sec. 2802. Authority to pay closing costs under Homeowners Assistance Program.
Subtitle B—Base Closure Matters
Sec. 2811. Prohibition against consideration in base closure process of advance
conversion planning undertaken by potential affected commu-
nities.
HR 4301 EAS
Sec. 2812. Clarifying and technical amendments to base closure laws.
Sec. 2813. Sense of Senate on the activities of the Secretary of Defense in support
of communities affected by base closures.
Subtitle C—Land Transactions Generally
Sec. 2821. Land transfer, Holloman Air Force Base, New Mexico.
Sec. 2822. Joint use of property, Port Hueneme, California.
Sec. 2823. Lease of property, Naval Radio Receiving Facility, Imperial Beach,
Coronado, California.
Sec. 2824. Release of reversionary interest on certain property in York County
and James City County, Virginia, and Newport News, Virginia.
Sec. 2825. Land transfer, Fort Devens, Massachusetts.
Sec. 2826. Land conveyance, Cornhusker Army Ammunition Plant, Hall County,
Nebraska.
Sec. 2827. Transfer or conveyance of certain parcels of property through General
Services Administration.
Subtitle D—Changes to Existing Land Transaction Authority
Sec. 2831. Modifications of land conveyance, Fort A.P. Hill Military Reserva-
tion, Virginia.
Sec. 2832. Modification of conveyance of electricity distribution system, Fort Dix,
New Jersey.
Sec. 2833. Modification of land conveyance, Fort Knox, Kentucky.
Sec. 2834. Preservation of Calverton Pine Barrens, Naval Weapons Industrial
Reserve Plant, New York, as nature preserve.
Subtitle E—Other Matters
Sec. 2841. Joint construction contracting for commissaries and nonappropriated
fund instrumentality facilities.
Sec. 2842. National Guard facility contracts subject to performance supervision
by the Army or the Navy.
Sec. 2843. Waiver of reporting requirements for certain real property trans-
actions in the event of war or national emergency.
Sec. 2844. Report on use of funds for environmental restoration at Cornhusker
Army Ammunition Plant, Hall County, Nebraska.
Sec. 2845. Department of Defense laboratory revitalization demonstration pro-
gram.
Sec. 2846. Agreements of settlement for release of improvements at overseas mili-
tary installations.
Sec. 2847. Revisions to release of reversionary interest, Old Spanish Trail Ar-
mory, Harris County, Texas.
Sec. 2848. Transfer of jurisdiction, Air Force Housing at Radar Bomb Scoring
Site, Holbrook, Arizona.
Sec. 2849. Assistance for public participation in defense environmental restora-
tion activities.
Sec. 2850. Sense of the Senate on authoriaton of funds for military construction
projects not requested in the President’s annual budget request.
HR 4301 EAS
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. General reduction in authorization of appropriations.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Funds transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement for completion of conceptual design to precede request for
construction funds.
Sec. 3127. Authority for emergency planning, design, and construction activities.
Sec. 3128. Funds available for all national security programs of the Department
of Energy.
Sec. 3129. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Limitation on use of funds for special access programs.
Sec. 3136. Protection of nuclear weapons facilities workers.
Sec. 3137. National security programs.
Sec. 3138. Scholarship and Fellowship Program for Environmental Restoration
and Waste Management.
Sec. 3139. Hazardous materials management and hazardous materials emergency
response training program.
Sec. 3140. Programs for persons who may have been exposed to radiation released
from Hanford Nuclear Reservation.
Sec. 3141. Solar energy activities at Nevada Test Site, Nevada,
Subtitle D—Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the Nevada Test
Site, Nevada.
Sec. 3154. Nuclear Weapons Council Membership.
Sec. 3155. Office of Fissile Materials Disposition.
Sec. 3156. Extension of authority to loan personnel and facilities at Idaho Na-
tional Engineering Laboratory.
HR 4301 EAS
Sec. 3157. Elimination of requirement for five-year plan for defense nuclear fa-
cilities.
Sec. 3158. Authority for appointment of certain scientific, engineering, and tech-
nical personnel.
Sec. 3159. Department of Energy Declassification Productivity Initiative.
Sec. 3160. Safety oversight and enforcement at defense nuclear facilities.
Sec. 3161. Conditions on contracts between the Federal Government and certain
lessees and transferees of Department of Energy property.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Disposal of obsolete and excess materials contained in the National De-
fense Stockpile.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Repeal of advisory committee requirement.
Sec. 3304. Rotation of materials to prevent technological obsolescence.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Sec. 3504. Costs of educational services obtained in the United States.
Sec. 3505. Special immigrant status of Panamanians employed by the United
States in the former Canal Zone.
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.
SEC. 4. GENERAL LIMITATION.
Notwithstanding any other provision of this Act, the
total amount authorized to be appropriated for fiscal year
1995 under the provisions of this Act is $263,130,327,000,
HR 4301 EAS
of which the total amount authorized to be appropriated
for fiscal year 1995 under the provisions of—
(1) division A is $244,063,401,000;
(2) division B is $8,593,903,000; and
(3) division C is $10,473,023,000.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for procurement for the Army as follows:
(1) For aircraft, $1,073,781,000.
(2) For missiles, $693,909,000.
(3) For weapons and tracked combat vehicles,
$1,132,886,000.
(4) For ammunition, $870,361,000.
(5) For other procurement, $2,677,719,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1995 for procurement for the Navy
as follows:
(1) For aircraft, $4,535,601,000.
HR 4301 EAS
(2) For weapons, including missiles and tor-
pedoes, $2,428,539,000.
(3) 
For 
shipbuilding 
and 
conversion,
$6,132,807,000.
(4) For other procurement, $3,310,217,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1995 for procurement for
the Marine Corps in the amount of $528,857,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for procurement for the Air Force as follows:
(1) For aircraft, $6,587,994,000.
(2) For missiles, $4,330,473,000.
(3) For other procurement, $6,961,153,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for Defense-wide procurement in the amount
of $1,935,616,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for procurement of aircraft, vehicles, commu-
nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $85,000,000.
(2) For the Air National Guard, $270,000,000.
HR 4301 EAS
(3) For the Army Reserve, $75,000,000.
(4) For the Naval Reserve, $65,000,000.
(5) For the Air Force Reserve, $60,000,000.
(6) For the Marine Corps Reserve, $45,000,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
(a) AUTHORIZATION.—There is hereby authorized to be
appropriated for fiscal year 1995 the amount of
$590,149,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
(b) LIMITATION.—Of the funds specified in subsection
(a)—
(1) $363,584,000 is for operation and mainte-
nance;
(2) $215,265,000 is for procurement; and
(3) $11,300,000 is for research and development
efforts in support of the nonstockpile chemical weap-
ons program.
(c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.—The Department of Defense may obli-
HR 4301 EAS
gate and expend $25,000,000 of the funds appropriated for
research, development, test, and evaluation under the head-
ing ‘‘CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE’’ in title VI of Public Law 103–139 (107 Stat.
1436) in accordance with the appropriation for such funds
in that Act.
(d) IDENTIFICATION OF FUNDS FOR PROGRAM.—Sec-
tion 1412(f) of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521(f)) is amended by striking out
the last sentence and inserting in lieu thereof the following:
‘‘Funds for military construction projects necessary to
carry out this section shall be set forth in the budget of the
Department of Defense for any fiscal year as a separate
account.’’.
SEC. 107. JOINT TRAINING, ANALYSIS AND SIMULATION
CENTER.
Of the funds authorized to be appropriated for other
procurement for the Navy, $10,500,000 shall be available
for procurement of command, control, communications and
computer equipment for a Joint Training, Analysis and
Simulation Center for the United States Atlantic Com-
mand.
HR 4301 EAS
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR
M1A2 TANK UPGRADES.
The Secretary of the Army may enter into multiyear
procurement contracts for procurement of M1A2 Abrams
tank upgrades in accordance with section 2306(h) of title
10, United States Code.
SEC. 112. TRANSFER OF REPLACEMENT ARMY TANK TO MA-
RINE CORPS RESERVE.
The Secretary of the Army shall transfer one M1A1
common tank to the Marine Corps Reserve not later than
the latest date on which any of the additional 24 M1A2
upgrades provided for under authorizations of appropria-
tions in this Act is accepted by the Army.
SEC. 113. REPLACEMENT SURVEILLANCE SYSTEM FOR
KOREA.
(a) LEASE AUTHORIZED.—Funds available to the
Army for procurement of OV–1 aircraft that remain unobli-
gated by reason of the early retirement of OV–1 aircraft
deployed in Korea may be used for leasing a moving target
indicator radar or another surveillance system to replace
the surveillance capability of such aircraft in Korea if—
(1) the lease provides for deployment of the sys-
tem within 180 days after the date of the enactment
of this Act;
HR 4301 EAS
(2) the Republic of Korea pays 50 percent of the
cost of the lease;
(3) the lease includes an option for the Republic
of Korea to purchase the leased system after the joint
surveillance and target attack radar surveillance sys-
tem (JSTARS) program attains initial operational
capability; and
(4) the lease expires within 180 days after the
date on which the JSTARS system is planned, as of
the date of the enactment of this Act, to attain initial
operational capability.
(b) WAIVER AUTHORITY.—Section 1024(b) of the Na-
tional Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102–190; 105 Stat. 1460) is amended
by striking out ‘‘section 1439(b)(2)’’ and inserting in lieu
thereof ‘‘section 1439’’.
SEC. 114. SMALL ARMS INDUSTRIAL BASE.
(a) FUNDING FOR PROCUREMENT.—Of the funds au-
thorized to be appropriated pursuant to section 101(3)—
(1) $38,902,000 shall be available for procure-
ment of MK19–3 grenade machine guns;
(2) $13,000,000 shall be available for procure-
ment of M16A2 rifles;
(3) $24,016,000 shall be available for procure-
ment of M249 squad automatic weapons; and
HR 4301 EAS
(4) $13,165,000 shall be available for procure-
ment of M4 carbines.
(b) MULTIYEAR CONTRACTS AUTHORIZED.—(1) Dur-
ing fiscal year 1995, the Secretary of the Army may, in
accordance with section 2306(h) of title 10, United States
Code, enter into multiyear contracts to meet the following
objectives for quantities of small arms weapons to be ac-
quired for the Army:
(A) 21,217 MK19–3 grenade machine guns;
(B) 1,002,277 M16A2 rifles;
(C) 71,769 M249 squad automatic weapons; and
(D) 132,510 M4 carbines.
(2) If the Army does not enter into contracts in fiscal
year 1995 that will meet all the objectives set forth in para-
graph (1), the Secretary shall, to the extent provided for
in appropriations Acts, enter into multiyear contracts on
or after October 1, 1995, to meet such objectives.
(3) Notwithstanding the first sentence of section
2306(h)(8) of title 10, United States Code, the period of a
multiyear contract entered into under this subsection may
not exceed 10 years.
(c) FOLLOW-ON WEAPONS.—The Secretary of the
Army shall provide for procurement of product improve-
ments for existing small arms weapons and may do so with-
HR 4301 EAS
in multiyear contracts entered into pursuant to subsection
(b).
(d) JOINT SMALL ARMS MASTER PLAN.—(1) The Sec-
retaries of the military departments shall jointly develop
a master plan for meeting the immediate and future needs
of the Armed Forces for small arms. The Secretary of the
Army shall coordinate the development of the joint small
arms master plan. The joint small arms master plan shall
include—
(A) an examination of the relative advantages
and disadvantages of improving existing small arms
weapons as compared to investing in new, advanced
technology weapons; and
(B) an analysis of the effects of each such ap-
proach on the small arms industrial base.
(2) Not later than April 1, 1995, the Under Secretary
of Defense for Acquisition and Technology shall—
(A) review the joint small arms master plan and
the results of the examination of relative advantages
and disadvantages of the two courses of action de-
scribed in paragraph (1); and
(B) transmit the plan, together with any com-
ments that the Under Secretary considers appro-
priate, to the congressional defense committees.
HR 4301 EAS
(e) FUNDING FOR RDT&E.—Of the funds authorized
to be appropriated under section 201(1)—
(1) $5,000,000 shall be available for the Objective
Crew-Served Weapons System; and
(2) $3,000,000 shall be available for product im-
provements to existing small arms weapons.
SEC. 115. BUNKER DEFEAT MUNITION MISSILES.
(a) AUTHORITY.—The Secretary of the Army may ac-
quire up to 6,000 type classified standard bunker defeat
munition weapons.
(b) FUNDING.—Funds authorized to be appropriated
for the Army for fiscal year 1994 shall be available for ac-
quisition of bunker defeat munition weapons in accordance
with subsection (a) as follows:
(1) Of the amount authorized to be appropriated
by section 101(4), $7,761,000.
(2) Of the amount authorized to be appropriated
by section 201(1), $2,600,000.
Subtitle C—Navy Programs
SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) TRANSFER OF FISCAL YEAR 1994 FUNDS.—To the
extent provided in appropriations Acts, $1,200,000,000
may be transferred from the National Defense Sealift Fund
to the funds appropriated pursuant to the authorization in
section 102(a)(3).
HR 4301 EAS
(b) AVAILABILITY
FOR CVN–76.—The funds trans-
ferred shall be available for the CVN–76 nuclear aircraft
carrier program.
(c) RELATIONSHIP TO OTHER AUTHORIZATION.—The
amount of the funds transferred shall be in addition to the
amount authorized to be appropriated in section 102(a)(3)
of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 107 Stat. 1563).
(d) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority in paragraph (1) is in addi-
tion to any other transfer authority provided in this or any
other Act.
SEC. 122. SEAWOLF SUBMARINE PROGRAM.
(a) LIMITATION OF COSTS.—Except as provided in
subsection (b), the total amount obligated or expended for
procurement of the SSN–21 and SSN–22 Seawolf sub-
marines may not exceed $4,759,571,000.
(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—
The amount of the limitation set forth in subsection (a) is
increased by the following amounts:
(1) The amounts of outfitting costs and post-de-
livery costs incurred for the submarines referred to in
such subsection.
(2) The amounts of increases in costs attrib-
utable to economic inflation.
HR 4301 EAS
(3) The amounts of increases in costs attrib-
utable to compliance with changes in Federal, State,
or local laws.
SEC. 123. NAVAL AMPHIBIOUS READY GROUPS.
(a) FINDINGS.—Congress makes the following findings:
(1) Extensive and compelling testimony from
uniformed military and Department of Defense lead-
ership has been received which supports a military re-
quirement for twelve Amphibious Ready Groups.
(2) An official Department of Navy report re-
quired by the Fiscal Year 1993 National Defense Au-
thorization Act clearly stipulates that a seventh LHD
is required in order for the Navy to achieve a force
structure of twelve Amphibious Ready Groups.
(3) The Department of Navy has identified funds
for the purchase of LHD–7 in outyear budget projec-
tions.
(4) A significant shortfall in amphibious ship-
ping and amphibious lift exists, both in the fiscal
year 1995 budget request and in outyear force struc-
ture projections.
(5) Amphibious Assault Ships (LHDs) provide
an important contingency capability and are unique-
ly suited to respond to world crises and to provide as-
sistance after natural disasters.
HR 4301 EAS
(6) Twelve Amphibious Ready Groups are the
correct number to sustain forward deployment and
contingency requirements of the Navy.
(b) SENSE
OF CONGRESS.—It is the sense of
Congress that the Secretary of the Navy should, plan
for, and budget to provide for, the attainment of a
twelfth Amphibious Ready Group as soon as possible.
Further, the Secretary of the Navy should extend the
existing contract option on the LHD–7 Amphibious
Assault Ship in order to achieve twelve Amphibious
Ready Groups.
(c) LHD–7 CONTRACT OPTION EXTENSION.—
(1) The Secretary of the Navy is authorized to
extend the existing contract option for the LHD–7
Amphibious Assault ship if the Secretary determines
that the extension would be in the best interest of the
United States.
(2) The Secretary of the Navy shall immediately
begin negotiations to extend the existing contract op-
tion for the LHD–7 Amphibious Assault Ship Pro-
gram.
(3) On and after the date that is 30 days after
the date on which the Secretary notifies Congress of
an intention to do so, the Secretary may use such
program funds authorized to be appropriated for
HR 4301 EAS
other Navy programs for such contract. The notifica-
tion shall include a description of the intended use of
the funds.
(d) REPORT REQUIREMENT.—The Secretary of the
Navy shall report to the Congress, after December 31, 1994,
but before March 31, 1995, Department of the Navy inten-
tions related to contract execution of the existing contract
option for the LHD–7 Amphibious Assault Ship. The report
shall include an explanation of the Department’s actions
related to the attainment of a twelfth Amphibious Ready
Group and the costs and benefits of extending the existing
contract option on the LHD–7 Amphibious Assault Ship.
Subtitle D—Air Force Programs
SEC. 131. SETTLEMENT OF CLAIMS UNDER THE C–17 AIR-
CRAFT PROGRAM.
(a) SUPPLEMENTAL AGREEMENTS AUTHORIZED.—On
or before September 30, 1995, but subject to subsection (e),
the Secretary of the Air Force may enter into supplemental
agreements pertaining to Air Force prime contract
F33657–81–C–2108 and such other Air Force contracts re-
lating to the C–17 aircraft program in effect on the date
of enactment of this Act as the Secretary determines appro-
priate—
HR 4301 EAS
(1) to settle claims and disputes arising under
such contracts as provided in the C–17 settlement
agreement letter;
(2) to revise the delivery schedules under such
contracts as provided in the C–17 settlement agree-
ment letter, for aircraft T–1 and P–1 through P–6;
and
(3) to revise range specifications, payload speci-
fications, and other specifications under such con-
tracts as provided in Attachment B to the C–17 settle-
ment agreement letter.
(b) FURTHER CONSIDERATION NOT REQUIRED.—The
supplemental agreements referred to in subsection (a) may
be entered into without requiring further consideration from
the contractor only to the extent provided for in the C–17
settlement agreement letter.
(c) RELEASE OF CONTRACTOR CLAIMS REQUIRED.—
Each supplemental agreement referred to in subsection (a)
shall require the prime contractor to release and forever dis-
charge the Government from all contractual claims, de-
mands, requests for equitable adjustment, and any other
causes of action, known or unknown, that the prime con-
tractor may have on or before January 6, 1994 arising out
of the C–17 program contracts as provided in the C–17 set-
tlement agreement letter.
HR 4301 EAS
for the C–17 aircraft program by the Under Secretary of
Defense for Acquisition and Technology by letter dated Jan-
uary 3, 1994, and was accepted by the prime contractor
on January 6, 1994.
SEC. 132. RETIREMENT OF BOMBER AIRCRAFT.
No funds authorized to be appropriated by this Act
or any other Act may be obligated or expended during fiscal
year 1995 for retiring, or preparing to retire, any B–52H,
B–1B, or F–111 bomber aircraft.
Subtitle E—Other Matters
SEC. 141. PRESERVING THE BOMBER INDUSTRIAL BASE.
(a) FUNDS TO PRESERVE THE BOMBER INDUSTRIAL
BASE.—Of the funds authorized to be appropriated under
section 103(1), not more than $150,000,000 shall be avail-
able only for the following purposes:
(1) To retain B–2 bomber production tooling in
ready status.
(2) To preserve a production capability for spare
parts and aircraft subsystems among lower-tier ven-
dors.
(3) To develop detailed production plans for a
derivative of the B–2 bomber that is not capable of
delivering nuclear weapons.
(4) To carry out any other program, project, or
activity, not prohibited by subsection (b) or (c), that
HR 4301 EAS
the Secretary determines will help to preserve the
bomber industrial base of the United States.
(b) PROHIBITION.—None of the funds made available
pursuant to this section may be used to procure any major
structural part for B–2 bomber aircraft or any other part
for B–2 bomber aircraft that is not a part previously ac-
quired or planned to be acquired for the B–2 bomber air-
craft under the initial or sustaining spares program.
(c) NO
AUTHORIZATION
OF
ADVANCE
PROCURE-
MENT.—Nothing in this section shall be construed as au-
thorizing the procurement, including long-lead procure-
ment, of a twenty-second B–2 bomber.
(d) EXEMPTION FROM LIMITATION ON TOTAL PRO-
GRAM COST.—Obligations of funds made available pursu-
ant to this section for the purposes set forth in subsection
(a) may not be counted for purposes of the limitation in
section 131(d) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103–160; 107 Stat.
1569).
(e) ESTIMATES OF TOTAL COST REQUIRED—(1) Not
later than January 15, 1995, the Secretary of Defense shall
submit to the congressional defense committees two esti-
mates of the total cost of acquisition of 20 additional B–
2 bomber aircraft, including the cost of research, develop-
HR 4301 EAS
ment, test and evaluation and the cost of related military
construction.
(2) The Secretary shall assume for purposes of making
one of the estimates that such aircraft will be procured at
the rate of 2 aircraft in each of fiscal years 1997 and 1998,
3 such aircraft in each of fiscal years 1999 through 2002,
and 4 such aircraft in fiscal year 2003. The Secretary shall
assume for purposes of making the other estimate that such
aircraft will be procured at an annual rate of 2.5 aircraft
beginning in fiscal year 1997.
(3) In addition to stating the estimates in terms of
estimated total actual cost, the Secretary shall state the esti-
mates in terms of fiscal year 1995 constant dollars.
SEC. 142. DUAL-USE ELECTRIC AND HYBRID VEHICLES.
(a) FUNDING.—Of the funds authorized to be appro-
priated by this title, $15,000,000 shall be available for pro-
curement of electric and hybrid vehicles for military uses
and for commercialization of such vehicles for nonmilitary
uses.
(b) LIMITATION.—(1) Funds made available pursuant
to subsection (a) may not be expended until the Secretary
of Defense and the Secretary of Energy enter into a memo-
randum of understanding that specifies the responsibilities
of each Secretary for procurement and commercialization
activities to be carried out with such funds.
HR 4301 EAS
(2) The provisions of the memorandum of understand-
ing shall be consistent with the missions of the Department
of Defense and the Department of Energy and with the
goals and requirements set forth in the Energy Policy Act
of 1992 (Public Law 102–486; 42 U.S.C. 13271 et seq.) and
the amendments made to the Clean Air Act (42 U.S.C. 7401
et seq.) by Public Law 101–549 (commonly known as the
‘‘Clean Air Act Amendments of 1990’’; 104 Stat. 2399).
SEC. 143. SALES AUTHORITY OF WORKING-CAPITAL FUND-
ED ARMY INDUSTRIAL FACILITIES.
Section 4543(a) of title 10, United States Code, is
amended—
(1) in the matter above paragraph (1), by strik-
ing out ‘‘nondefense-related commercial’’;
(2) by striking out ‘‘and’’ at the end of para-
graph (3);
(3) by striking out the period at the end of para-
graph (4) and inserting in lieu thereof a semicolon;
and
(4) by adding at the end the following new para-
graphs:
‘‘(5) the Secretary of the Army determines that
the articles or services are not available from a com-
mercial source located in the United States;
HR 4301 EAS
‘‘(6) the purchaser of an article or service agrees
to hold harmless and indemnify the United States, ex-
cept in cases of willful misconduct or extreme neg-
ligence, from any claim for damages or injury to any
person or property arising out of the article or serv-
ice;
‘‘(7) the article to be sold can be manufactured,
or the service to be sold can be substantially per-
formed, by the industrial facility with only incidental
subcontracting and it is in the public interest to
manufacture such article or perform such service; and
‘‘(8) the sale will not interfere with performance
of the military mission of the industrial facility.’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the use of the Department of Defense for
research, development, test, and evaluation, as follows:
(1) For the Army, $5,152,308,000.
(2) For the Navy, $8,796,129,000.
(3) For the Air Force, $12,329,796,000.
HR 4301 EAS
(4) For Defense-wide activities, $9,565,299,000,
of which—
(A) $230,495,000 is authorized for the ac-
tivities of the Director, Test and Evaluation; and
(B) $12,501,000 is authorized for the Direc-
tor of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-
ATORY DEVELOPMENT.
(a) FISCAL YEAR 1995.—Of the amounts authorized
to be appropriated by section 201, $4,210,356,000 shall be
available for basic research and exploratory development
projects.
(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-
MENT DEFINED.—For purposes of this section, the term
‘‘basic research and exploratory development’’ means work
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1 or 6.2.
SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE-
VELOPMENT PROGRAM.
Of the amounts authorized to be appropriated by sec-
tion 201, $170,000,000 shall be available for the Strategic
Environmental Research and Development Program.
HR 4301 EAS
main available for obligation on the date of the enactment
of this Act.
(d) REPORT.—The Secretary shall submit to Congress
the report required by section 1363 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2560).
(e) LIMITATION.—No funds appropriated to the De-
partment of Defense for fiscal year 1995 may be obligated
for the tactical antisatellite technologies program until the
Secretary of Defense certifies to Congress that there is a re-
quirement for an antisatellite program.
SEC. 212. TRANSFER OF MILSTAR COMMUNICATIONS SAT-
ELLITE PROGRAM.
(a) TRANSFER TO NAVY.—The Secretary of Defense
shall transfer responsibility for program management and
funding for the MILSTAR communications satellite pro-
gram from the Secretary of the Air Force to the Secretary
of the Navy before October 1, 1995.
(b) FUNDING
IN FUTURE YEARS DEFENSE PRO-
GRAM.—It is the sense of Congress that the Secretary should
transfer from the Air Force to the Navy sufficient proposed
funding in the Future Years Defense Program to cover all
costs for the MILSTAR communications satellite program
and related programs, projects, and activities.
HR 4301 EAS
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority in subsection (b) is in addi-
tion to the transfer authority provided in section 1001.
SEC. 213. TRANSFER OF FUNDS FOR SINGLE-STAGE TO
ORBIT ROCKET.
The Secretary of Defense shall, to the extent provided
in appropriations Acts, transfer to the National Aero-
nautics and Space Administration the unobligated balance
of funds appropriated to the Department of Defense for the
Advanced Research Projects Agency for single-stage to orbit
rocket research and development.
SEC. 214. LIMITATION ON DISMANTLEMENT OF INTER-
CONTINENTAL BALLISTIC MISSILES.
Funds authorized to be appropriated in this Act may
not be obligated or expended for deactivating or disman-
tling United States intercontinental ballistic missiles
(ICBMs) of the United States below that number of such
missiles that is necessary to support 500 deployed inter-
continental ballistic missiles until 180 days after the date
on which the Secretary of Defense has delivered to the con-
gressional defense committees a report on the results of a
nuclear posture review being conducted by the Secretary.
HR 4301 EAS
SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR SEIS-
MIC MONITORING RESEARCH.
Funds authorized to be appropriated by this Act that
are made available for seismic monitoring of nuclear explo-
sions may not be obligated for a project unless the project
is authorized in a plan approved in advance by the Sec-
retary of Defense and the Secretary of Energy.
SEC. 216. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) CENTERS COVERED.—Funds appropriated or oth-
erwise made available for the Department of Defense for fis-
cal year 1995 pursuant to an authorization of appropria-
tions in section 201 may be obligated to procure work from
a federally funded research and development center only in
the case of a center named in the report required by sub-
section (b) and, in the case of such a center, only in an
amount not in excess of the amount of the proposed funding
level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report containing—
(1) the name of each federally funded research
and development center from which work is proposed
to be procured for the Department of Defense for fiscal
year 1995; and
HR 4301 EAS
(2) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1995.
The total of the proposed funding levels set forth in the re-
port for all federally funded research and development cen-
ters may not exceed the amount set forth in subsection (d).
(c) LIMITATION PENDING SUBMISSION OF REPORT.—
No funds appropriated or otherwise made available for the
Department of Defense for fiscal year 1995 may be obligated
to obtain work from a federally funded research and devel-
opment center until the Secretary of Defense submits the
report required by subsection (b).
(d) FUNDING.—Of the amounts authorized to be ap-
propriated to the Department of Defense for research, devel-
opment, test, and evaluation for fiscal year 1995 pursuant
to section 201, not more than a total of $1,300,000,000 may
be obligated to procure services from the federally funded
research and development centers named in the report re-
quired by subsection (b).
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—
The Secretary of Defense may waive the limitation regard-
ing the maximum funding amount that applies under sub-
section (a) to a federally funded research and development
center. Whenever the Secretary proposes to make such a
waiver, the Secretary shall submit to the congressional de-
HR 4301 EAS
fense committees notice of the proposed waiver and the rea-
sons for the waiver. The waiver may then be made only
after the end of the 60-day period that begins on the date
on which the notice is submitted to those committees, unless
the Secretary determines that it is essential to the national
security that funds be obligated for work at that center in
excess of that limitation before the end of such period and
notifies the congressional defense committees of that deter-
mination and the reasons for the determination.
(f) UNDISTRIBUTED REDUCTION.—The total amount
authorized to be appropriated for research, development,
test, and evaluation in section 201 is hereby reduced by
$52,650,000.
(g) LIMITATION ON COMPENSATION.—No employee or
executive officer of a federally funded research and develop-
ment center named in the report required by subsection (b)
may be compensated at a rate exceeding Executive Schedule
Level I by that federally funded research and development
center.
HR 4301 EAS
Subtitle C—Missile Defense
Programs
SEC. 221. COMPLIANCE OF BALLISTIC MISSILE DEFENSE
SYSTEMS AND COMPONENTS WITH ABM TREA-
TY.
(a) REQUIRED COMPLIANCE REVIEW FOR BRILLIANT
EYES.—The Secretary of Defense shall review the space-
based, midcourse missile tracking system known as Bril-
liant Eyes to determine whether, and under what condi-
tions, the development, testing, and deployment of that sys-
tem in conjunction with a theater ballistic missile defense
system, with a limited national missile defense system, and
with both such systems, would be in compliance with the
ABM Treaty, including the interpretation of that treaty set
forth in the enclosure to the July 13, 1993, ACDA letter.
(b) LIMITATION.—Of the funds appropriated pursuant
to the authorizations of appropriations in section 201 that
are made available for the Brilliant Eyes program, not
more than $50,000,000 may be obligated until the Secretary
of Defense submits to the appropriate congressional commit-
tees a report on the compliance of the Brilliant Eyes pro-
gram with the ABM Treaty.
(c) COMPLIANCE REVIEW FOR NAVY UPPER TIER SYS-
TEM.—(1) If the funds made available for fiscal year 1995
for the theater ballistic missile program known as the
HR 4301 EAS
‘‘Navy Upper Tier’’ program pursuant to the authoriza-
tions of appropriations in section 201 or otherwise exceed
$17,725,000, the Secretary of Defense shall review the Navy
Upper Tier program to determine whether the development,
testing, and deployment of that system would be in compli-
ance with the ABM Treaty, including the interpretation of
the Treaty set forth in the enclosure to the July 13, 1993,
ACDA letter.
(2) In the event a compliance review is necessary
under paragraph (1), not more than $17,725,000 may be
obligated for the Navy Upper Tier program before the date
on which the Secretary submits to the appropriate congres-
sional committees a report on the compliance of the Navy
Upper Tier program with the ABM Treaty.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘July 13, 1993, ACDA letter’’
means the letter dated July 13, 1993, from the Acting
Director of the Arms Control and Disarmament Agen-
cy to the chairman of the Committee on Foreign Rela-
tions of the Senate relating to the correct interpreta-
tion of the ABM Treaty and accompanied by an en-
closure setting forth such interpretation.
(2) The term ‘‘ABM Treaty’’ means the Treaty
between the United States of America and the Union
of Soviet Socialist Republics on the Limitation of
HR 4301 EAS
Anti-Ballistic Missiles, signed in Moscow on May 26,
1972.
(3) The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Commit-
tee on Appropriations of the House of Represent-
atives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate.
SEC. 222. REVISIONS TO THE 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—
(1) by striking out sections 235, 236, and 237;
(2) in section 238, by inserting before the period
at the end of the second sentence the following: ‘‘, and
shall submit to the Congress additional interim re-
ports on the progress of such negotiations at six-
month intervals thereafter until such time as the
President notifies the congressional defense committees
that such negotiations have been concluded or termi-
nated’’; and
HR 4301 EAS
(3) by redesignating section 238, 239, and 240
as sections 234, 235, and 236, respectively.
SEC. 223. LIMITATION.
No funds appropriated pursuant to an authorization
of appropriations in this title or otherwise made available
for fiscal year 1995 for programs managed by the Ballistic
Missile Defense Organization may be obligated for such pro-
grams until the Secretary of Defense submits to Congress
the report required by section 235(b) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–
160; 107 Stat. 1598).
SEC. 224. MANAGEMENT AND BUDGET RESPONSIBILITY FOR
SPACE-BASED CHEMICAL LASER PROGRAM.
(a) FINDINGS.—Congress makes the following findings:
(1) In section 243 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public Law
103–160; 107 Stat. 1615) Congress directed the Sec-
retary of Defense to transfer management and budget
responsibility for research and development regarding
far-term follow-on technologies from the Ballistic Mis-
sile Defense Organization unless the Secretary cer-
tifies that it is in the national security interest of the
United States for the Ballistic Missile Defense Orga-
nization to retain that responsibility.
HR 4301 EAS
(2) For purposes of section 243 of such Act, a
far-term follow-on technology was defined as any tech-
nology that is not incorporated into a ballistic missile
defense architecture and is not likely to be incor-
porated within 15 years into a weapon system for
ballistic missile defense.
(3) The Secretary of Defense has recommended
pursuant to section 243 of such Act that management
and budget responsibility for chemical laser tech-
nology be retained in the Ballistic Missile Defense Or-
ganization.
(b) ASSIGNMENT OF RESPONSIBILITY.—Subject to sub-
section (c), the Ballistic Missile Defense Organization is au-
thorized to retain management and budget responsibility
for chemical laser technology programs.
(c) REQUIREMENTS.—(1) The Director of the Ballistic
Missile Defense Organization shall ensure that, to the extent
practicable, the conduct of research and development related
to space-based chemical lasers reflects appropriate consider-
ation of a broad range of military missions and possible
nonmilitary applications for such lasers.
(2) If, as a result of budgetary limitations, the Director
of the Ballistic Missile Defense Organization is unable to
program sufficient funds to ensure that the space-based
chemical laser program remains an option for the acquisi-
HR 4301 EAS
tion process within the next fifteen years, the Secretary of
Defense shall—
(A) establish a new high energy laser research
and development program outside of the Ballistic
Missile Defense Organization;
(B) transfer $50,000,000 out of funds available
for fiscal year 1995 for programs administered by the
Ballistic Missile Defense Organization to the new
high energy laser research and development program;
and
(C) assign the duty to perform the management
and budget responsibilities for the new program to the
Secretary of the military department determined by
the Secretary of Defense most appropriate to perform
such responsibilities or, if the Secretary determines
more appropriate, to the head of the Defense Agency
of the Department of Defense that the Secretary deter-
mines most appropriate to perform such responsibil-
ities.
SEC. 225. SENATE ADVICE AND CONSENT ON AGREEMENTS
THAT MODIFY THE ANTI-BALLISTIC MISSILE
TREATY.
(a) REQUIREMENT FOR ADVICE AND CONSENT OF SEN-
ATE.—Whenever the President negotiates an international
agreement that would substantively modify the ABM Trea-
HR 4301 EAS
ty, the United States shall not be bound by such agreement
unless the agreement is entered into pursuant to the treaty
making power of the President under the Constitution
(which includes a requirement for advice and consent of the
Senate).
(b) ABM TREATY DEFINED.—In this section, the term
‘‘ABM Treaty’’ means the Treaty Between the United States
of America and the Union of Soviet Socialist Republics on
the Limitation of Anti-Ballistic Missile Systems, signed in
Moscow on May 26, 1972, with related protocol, signed in
Moscow on July 3, 1974.
Subtitle D—Defense Conversion, Re-
investment, and Transition As-
sistance Matters
SEC. 231. FUNDING OF DEFENSE TECHNOLOGY REINVEST-
MENT PROGRAMS FOR FISCAL YEAR 1995.
(a) FUNDS AVAILABLE.—Of the amount authorized to
be appropriated under section 201 for Defense-wide activi-
ties, $625,000,000 shall be available for activities described
in the defense reinvestment program element of the budget
of the Department of Defense for fiscal year 1995.
(b) ALLOCATION OF FUNDS.—The funds made avail-
able under subsection (a) shall be allocated as follows:
HR 4301 EAS
(1) $245,000,000 shall be available for defense
dual-use critical technology partnerships under sec-
tion 2511 of title 10, United States Code.
(2) $80,000,000 shall be available for commer-
cial-military integration partnerships under section
2512 of such title.
(3) $80,000,000 shall be available for defense re-
gional technology alliances under section 2513 of such
title.
(4) $30,000,000 shall be available for defense ad-
vanced manufacturing technology partnerships under
section 2522 of such title.
(5) $50,000,000 shall be available for support of
manufacturing extension programs under section
2523 of such title.
(6) $25,000,000 shall be available for defense
manufacturing engineering education grants under
section 2196 of such title.
(7) $30,000,000 shall be available for the ad-
vanced materials synthesis and processing partner-
ship program.
(8) $35,000,000 shall be available for the agile
manufacturing/enterprise integration program.
(9) $40,000,000 shall be available for the mari-
time technology program, as provided for in section
HR 4301 EAS
1352(c)(2) of the National Shipbuilding and Ship-
yard Conversion Act of 1993 (subtitle D of title XIII
of Public Law 103–160; 107 Stat. 1809; 10 U.S.C.
2501 note).
(10) $10,000,000 shall be available for grants
under section 2198 of title 10, United States Code, to
United States institutions of higher education and
other United States not-for-profit organizations to
support the management training program in Japa-
nese language and culture.
(c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994
PROJECTS.—Funds made available under subsection (a)
may also be used to make awards to projects of the types
that were solicited under programs referred to in subsection
(b) in fiscal year 1994.
SEC. 232. FINANCIAL COMMITMENT REQUIREMENTS FOR
SMALL BUSINESS CONCERNS FOR PARTICIPA-
TION 
IN 
TECHNOLOGY 
REINVESTMENT
PROJECTS.
(a) DEFENSE
DUAL-USE
CRITICAL
TECHNOLOGY
PARTNERSHIPS.—Section 2511(c) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
‘‘(3) The Secretary shall consider a partnership pro-
posal submitted by a small business concern without regard
HR 4301 EAS
to the ability of the small business concern to immediately
meet its share of the anticipated partnership costs. Upon
the selection of a partnership proposal submitted by a small
business concern, the Secretary shall extend to the small
business concern a period of not less than 120 days within
which to arrange to meet its financial commitment require-
ments under the partnership from sources other than a per-
son of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated partner-
ship costs, the Secretary may revoke the selection of the
partnership proposal submitted by the small business con-
cern.’’.
(b) COMMERCIAL-MILITARY INTEGRATION PARTNER-
SHIPS.—Section 2512(c)(3) of such title is amended by add-
ing at the end the following new subparagraph:
‘‘(C) The Secretary shall consider a partnership pro-
posal submitted by a small business concern without regard
to the ability of the small business concern to immediately
meet its share of the anticipated partnership costs. Upon
the selection of a partnership proposal submitted by a small
business concern, the Secretary shall extend to the small
business concern a period of not less than 120 days within
which to arrange to meet its financial commitment require-
ments under the partnership from sources other than a per-
HR 4301 EAS
son of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated partner-
ship costs, the Secretary may revoke the selection of the
partnership proposal submitted by the small business con-
cern.’’.
(c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE
PROGRAM.—Section 2513(e) of such title is amended by
adding at the end the following new paragraph:
‘‘(4) The Secretary shall consider a proposal for a re-
gional technology alliance that is submitted by a small busi-
ness concern without regard to the ability of the small busi-
ness concern to immediately meet its share of the antici-
pated costs of the alliance. Upon the selection of a proposal
submitted by a small business concern, the Secretary shall
extend to the small business concern a period of not less
than 120 days within which to arrange to meet its financial
commitment requirements under the regional technology al-
liance from sources other than a person of a foreign country.
If the Secretary determines upon the expiration of that pe-
riod that the small business concern will be unable to meet
its share of the anticipated costs, the Secretary may revoke
the selection of the proposal submitted by the small business
concern.’’.
HR 4301 EAS
(d) DEFINITION OF PERSON OF A FOREIGN COUN-
TRY.—Section 2491 of such title is amended by adding at
the end the following new paragraph:
‘‘(16) The term ‘person of a foreign country’ has
the meaning given such term in section 3502(d) of the
Primary Dealers Act of 1988 (22 U.S.C. 5342(d)).’’.
SEC. 233. CONDITIONS ON FUNDING OF DEFENSE TECH-
NOLOGY REINVESTMENT PROJECTS.
(a) BENEFITS TO UNITED STATES ECONOMY.—In pro-
viding for the establishment or financial support of partner-
ships and other cooperative arrangements under chapter
148 of title 10, United States Code, using funds made avail-
able under section 231, the Secretary of Defense shall ensure
that the principal economic benefits of such partnerships
and other arrangements accrue to the economy of the United
States.
(b) USE OF COMPETITIVE SELECTION PROCEDURES.—
Funds made available under subsection (a) of section 231
for defense reinvestment programs described in subsection
(b) of such section shall be provided only to projects selected
using competitive procedures pursuant to a solicitation in-
corporating cost-sharing requirements for the non-Federal
Government participants in the projects.
HR 4301 EAS
SEC. 234. FEDERAL DEFENSE LABORATORY DIVERSIFICA-
TION AND NAVY REINVESTMENT IN THE
TECHNOLOGY AND INDUSTRIAL BASE.
(a) REQUIREMENT FOR PROGRAMS.—(1) Subchapter
III of chapter 148 of title 10 is amended by inserting at
the end thereof the following:
‘‘SEC. 2519. FEDERAL DEFENSE LABORATORY DIVERSI-
FICATION PROGRAM.
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
of Defense shall conduct a program in accordance with this
section for the purpose of promoting cooperation between
Department of Defense laboratories and industry on re-
search and development of dual-use technologies in order
to further the national security objectives set forth in section
2501(a) of this title.
‘‘(b) PARTNERSHIPS.—(1) The Secretary shall provide
for the establishment under the program of cooperative ar-
rangements (hereinafter in this section referred to as ‘part-
nerships’) between a Department of Defense laboratory and
eligible firms and nonprofit research corporations referred
to in section 2511(b) of this title. A partnership may also
include one or more additional Federal laboratories, insti-
tutions of higher education, agencies of State and local gov-
ernments, and other entities, as determined appropriate by
the Secretary.
HR 4301 EAS
‘‘(2) For purposes of this section, a federally funded
research and development center shall be considered a De-
partment of Defense laboratory if the center is sponsored
by the Department of Defense.
‘‘(c) ASSISTANCE AUTHORIZED.—(1) The Secretary
may make grants, enter into contracts, enter into coopera-
tive agreements and other transactions pursuant to section
2371 of this title, and enter into cooperative research and
development agreements under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a) in order to establish partnerships.
‘‘(2) Subject subsection (d), the Secretary may provide
a partnership with technical and other assistance in order
to facilitate the achievement of the purpose of this section.
‘‘(d) FINANCIAL COMMITMENT OF NON-FEDERAL GOV-
ERNMENT PARTICIPANTS.—(1) The Secretary shall ensure
that the non-Federal Government participants in a part-
nership make a substantial contribution to the total cost
of partnership activities. The amount of the contribution
shall be commensurate with the risk undertaken by such
participants and the potential benefits of the activities for
such participants.
‘‘(2) The regulations prescribed pursuant to section
2511(c)(2) of this title shall apply to in-kind contributions
HR 4301 EAS
made by non-Federal Government participants in a part-
nership.
‘‘(e) SELECTION PROCESS.—Competitive procedures
shall be used in the establishment of partnerships.
‘‘(f) SELECTION CRITERIA.—The criteria for the selec-
tion of a proposed partnership for establishment under this
section shall include the criteria set forth in section 2511(f)
of this title.
‘‘(g) REGULATIONS.—The Secretary shall prescribe
regulations for the purposes of this section.
‘‘SEC. 2520. NAVY REINVESTMENT PROGRAM.
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
of the Navy shall conduct a program in accordance with
this section for the purpose of promoting cooperation be-
tween the Department of the Navy and industry on research
and development of dual-use technologies in order to further
the national security objectives set forth in section 2501(a)
of this title.
‘‘(b) PARTNERSHIPS.—The Secretary shall provide for
the establishment under the program of cooperative ar-
rangements (hereinafter in this section referred to as ‘part-
nerships’) between Department of the Navy entities and eli-
gible firms and nonprofit research corporations referred to
in section 2511(b) of this title. A partnership may also in-
clude one or more Federal laboratories, institutions of high-
HR 4301 EAS
er education, agencies of State and local governments, and
other entities, as determined appropriate by the Secretary.
‘‘(c) PROGRAM REQUIREMENTS
AND ADMINISTRA-
TION.—Subsections (c) through (f) of section 2519 of this
title shall apply in the administration of the program.
‘‘(d) SELECTION CRITERIA.—In addition to the selec-
tion criteria referred to in section 2519(f) of this title, the
criteria for the selection of a proposed partnership for estab-
lishment under this section shall include the potential effec-
tiveness of the partnership in the further development and
application of each technology proposed to be developed by
the partnership for Navy acquisition programs.
‘‘(e) REGULATIONS.—The Secretary shall prescribe
regulations for the purposes of this section.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following:
2519. Federal Defense Laboratory Diversification Program.
2520. Navy Reinvestment Program.
(b) CLARIFYING AMENDMENT.—Section 2491(5) of
title 10, United States Code, is amended by inserting before
the period at the end the following: ‘‘, and includes a feder-
ally funded research and development center sponsored by
a Federal agency’’.
(c) FUNDING.—(1) Of the amount authorized to be ap-
propriated in section 201(4), $56,600,000 shall be available
HR 4301 EAS
for the Federal Defense Laboratory Diversification Program
under section 2519 of title 10, as added by subsection (a)(1).
(2) Of the amount authorized to be appropriated in
section 201(2), $50,000,000 shall be available for the Navy
Reinvestment Program under section 2520 of title 10, as
added by subsection (a)(1).
SEC. 235. SMALL BUSINESS DEFENSE CONVERSION GUAR-
ANTEED LOANS.
(a) AUTHORIZATIONS.—Section 20 of the Small Busi-
ness Act (15 U.S.C. 631 note) is amended—
(1) in subsection (l), as added by section 405(3)
of the Small Business Credit and Business Oppor-
tunity Enhancement Act of 1992—
(A) by striking ‘‘(l) There’’ and inserting
‘‘(3) There’’ and indenting appropriately; and
(B) by striking ‘‘subsection (k)’’, and insert-
ing ‘‘paragraphs (1) and (2)’’;
(2) by redesignating subsection (k), as added by
section 405(3) of the Small Business Credit and Busi-
ness Opportunity Act of 1992, as subsection (l);
(3) in subsection (l), as so redesignated, by in-
serting after paragraph (1), the following new para-
graph:
‘‘(2) The Administration is authorized to make
not more than $1,000,000,000 in loans on a guaran-
HR 4301 EAS
teed basis, in accordance with section 7(a)(21), such
amount to remain available until expended.’’;
(4) in subsection (n)—
(A) by striking ‘‘(n) There’’ and inserting
‘‘(3) There’’ and indenting appropriately; and
(B) by striking ‘‘subsection (m)’’ and insert-
ing ‘‘paragraphs (1) and (2)’’;
(5) in subsection (m), by inserting after para-
graph (1), the following new paragraph:
‘‘(2) The Administration is authorized to make
not more than $1,000,000,000 in loans on a guaran-
teed basis, in accordance with section 7(a)(21), such
amount to remain available until expended.’’;
(6) by redesignating subsection (o) as subsection
(n); and
(7) in subsection (p)—
(A) by striking ‘‘(p) There’’ and inserting
‘‘(2) There’’, and indenting appropriately; and
(B) by striking ‘‘subsection (o)’’ and insert-
ing ‘‘paragraph (1)’’.
(b) TECHNICAL CLARIFICATION.—Section 7(a)(21)(A)
of the Small Business Act (15 U.S.C. 636(a)(21)(A)) is
amended by striking ‘‘under the’’ and inserting ‘‘on a guar-
anteed basis under the’’.
HR 4301 EAS
(c) JOB CREATION AND COMMUNITY BENEFIT.—Sec-
tion 7(a)(21) of the Small Business Act (15 U.S.C.
636(a)(21)) is amended by adding at the end the following
new subparagraph:
‘‘(E) In providing assistance under this para-
graph, the Administration shall develop procedures to
ensure, to the maximum extent practicable, that such
assistance is used for projects that have substantial
potential for stimulating new economic activity in
communities most impacted by reductions in Federal
defense expenditures.’’.
(d) AUTHORITY TO TRANSFER APPROPRIATIONS.—Of
the amount authorized to be appropriated pursuant to sec-
tion 201(4), $27,400,000 may be transferred by the Sec-
retary of Defense, to the extent provided in an act appro-
priating funds for the Department of Defense, to the Small
Business Administration for the purpose of providing loan
guarantees under section 7(a)(21)(A) of the Small Business
Act, such amount to remain available until expended.
Subtitle E—Other Matters
SEC. 241. COOPERATIVE RESEARCH AND DEVELOPMENT
AGREEMENTS WITH NATO ORGANIZATIONS.
(a) APPLICABILITY
OF
EXISTING
AUTHORITY
TO
NATO ORGANIZATIONS.—Section 2350a of title 10, United
States Code, is amended in subsections (a), (e)(2), and
HR 4301 EAS
(i)(1) by inserting ‘‘or NATO organizations’’ after ‘‘major
allies of the United States’’ each place it appears.
(b) NATO ORGANIZATION DEFINED.—Subsection (i)
of such section is amended by adding at the end the follow-
ing new paragraph:
‘‘(4) The term ‘NATO organization’ means any
North Atlantic Treaty Organization subsidiary body
referred to in section 2350(2) of this title and any
other organization of the North Atlantic Treaty Orga-
nization.’’.
SEC. 242. DEFENSE WOMEN’S HEALTH RESEARCH PRO-
GRAM.
(a) CONTINUATION OF PROGRAM.—The Secretary of
Defense shall continue the Defense Women’s Health Re-
search Program established in response to the enactment of
section 251 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1606).
(b) PARTICIPATION
BY
ALL
MILITARY
DEPART-
MENTS.—The Departments of the Army, Navy, and Air
Force shall each participate in the activities under the pro-
gram.
(c) ARMY TO BE EXECUTIVE AGENT.—The Secretary
of Defense shall designate the Secretary of the Army to be
the executive agent for administering the program.
HR 4301 EAS
ployment, and retention and the relationship between
such activities and factors affecting women’s health.
(5) Research on interventions having a potential
for addressing conditions of military service that ad-
versely affect the health of women in the Armed
Forces.
(e) IMPLEMENTATION PLAN.—If, before October 1,
1995, the Secretary of Defense changes the implementation
plan for the program that the Secretary submitted to the
Committees on Armed Services of the Senate and the House
of Representatives on May 2, 1994, the Secretary shall sub-
mit the modified plan to such committees before executing
the changes.
(f) FUNDING.—Of the amount authorized to be appro-
priated pursuant to section 201, $40,000,000 shall be avail-
able for the Defense Women’s Health Research Program re-
ferred to in subsection (a).
SEC. 243. REQUIREMENT FOR SUBMISSION OF ANNUAL RE-
PORT 
OF 
THE 
SEMICONDUCTOR 
TECH-
NOLOGY COUNCIL TO CONGRESS.
Section 273(b)(2)(I) of the National Defense Author-
ization Act for Fiscal Years 1988 and 1989 (15 U.S.C.
4603) is amended by inserting ‘‘and submit to Congress by
March 31 of each year after ‘‘Publish’’.
HR 4301 EAS
SEC. 244. REPORT ON OCEANOGRAPHIC SURVEY AND RE-
SEARCH REQUIREMENTS TO SUPPORT LIT-
TORAL WARFARE.
(a) REPORT REQUIRED.—Not later than March 1,
1995, the Secretary of the Navy shall submit to Congress
a report on the oceanographic survey and research and de-
velopment requirements needed to support Navy operations
in littoral regions.
(b) CONTENT OF REPORT.—The report shall contain
the following:
(1) An identification of unique properties, in-
cluding acoustics, bathymetry, bottom type, and ocean
dynamics that affect shallow water operations in lit-
toral regions.
(2) A list of the principal littoral regions that—
(A) designates each region as high, medium,
or low priority based on the probable need for
Navy operations in such regions; and
(B) for each region, is annotated to iden-
tify—
(i) the date of the most recent detailed
survey; and
(ii) the extent to which that survey
provides insight into the region’s properties
identified pursuant to paragraph (1).
HR 4301 EAS
(3) An assessment of the Navy’s current and pro-
jected access to each region for surveying purposes.
(4) An assessment of the ability of current ocean-
ographic survey and research assets to develop the in-
formation identified in paragraph (1).
SEC. 245. LANSCE/LAMPF UPGRADES.
Of the amounts authorized to be appropriated by sec-
tion 201(4), $20,000,000 shall be available to complete the
Los Alamos Neutron Scattering Experiment/Los Alamos
Meson Physics Facility upgrades at the Los Alamos Na-
tional Laboratory, Los Alamos, New Mexico.
SEC. 246. STUDY REGARDING LIVE-FIRE SURVIVABILITY
TESTING OF F–22 AIRCRAFT.
(a) REQUIREMENT.—The Secretary of Defense shall re-
quest the National Research Council of the National Acad-
emy of Sciences to conduct a study regarding the desirabil-
ity of waiving for the F–22 aircraft program the surviv-
ability tests required by section 2366(c) of title 10, United
States Code, and to submit to the Secretary and Congress,
within 180 days after the date of the enactment of this Act,
a report containing the conclusions of the Council regarding
the desirability of waiving such tests.
(b) CONTENT OF REPORT.—The report shall contain
the following matters:
HR 4301 EAS
(1) Conclusions regarding the practicality of
full-scale, full-up testing for the F–22 aircraft pro-
gram.
(2) A discussion of the implications regarding
the affordability of the F–22 aircraft program of con-
ducting and of not conducting the survivability tests,
including an assessment of the potential life cycle
benefits that could be derived from full-scale, full-up
live fire testing in comparison to the costs of such
testing.
(3) A discussion of what, if any, changes of cir-
cumstances affecting the F–22 aircraft program have
occurred since completion of the milestone II program
review to cause the program manager to request a
waiver of the survivability tests for the F–22 aircraft
program that was not requested at that time.
(4) The sufficiency of the F–22 aircraft program
testing plans to fulfill the same requirements and
purposes as are provided in subsection (e)(3) of sec-
tion 2366 of title 10, United States Code, for realistic
survivability testing for purposes of subsection
(a)(1)(A) of such section.
(5) Any recommendations regarding surviv-
ability testing for the F–22 aircraft program that the
HR 4301 EAS
Council considers appropriate on the basis of the
study.
SEC. 247. UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Of the amounts authorized to be appropriated under
section 201, $10,000,000 shall be available for the Univer-
sity Research Initiative Support Program established pur-
suant to section 802 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.
1701; 10 U.S.C. 2358 note).
SEC. 248. MANUFACTURING SCIENCE AND TECHNOLOGY
PROGRAM.
(a) PROGRAM AUTHORIZED.—(1) Section 2525 of title
10, United States Code, is amended to read as follows:
‘‘SEC. 2525. MANUFACTURING SCIENCE AND TECHNOLOGY
PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall
establish a Manufacturing Science and Technology Pro-
gram to further the national security objectives of section
2501(a) of this title. The Under Secretary of Defense for
Acquisition and Technology shall administer the program.
‘‘(b) PURPOSE.—The purpose of the program is to en-
hance the capability of industry to meet the manufacturing
needs of the Department of Defense.
HR 4301 EAS
‘‘(c) EXECUTION.—The Secretary may carry out
projects under the program through the Secretaries of the
military departments and the heads of Defense Agencies.
‘‘(d) COMPETITION AND COST SHARING.—(1) Com-
petitive procedures shall be used for awarding all grants
and entering into all contracts, cooperative agreements, and
other transactions under the program.
‘‘(2) A grant may not be awarded under the program,
and a contract, cooperative agreement, or other transaction
may not be entered into under the program, on any basis
other than a cost-sharing basis unless the Secretary of De-
fense determines that the grant, contract, cooperative agree-
ment, or other transaction, as the case may be, is for a pro-
gram that—
‘‘(A) is not likely to have any immediate and di-
rect commercial application; or
‘‘(B) is of sufficiently high risk to discourage cost
sharing by non-Federal Government sources.’’.
(2) The item relating to section 2525 in the table of
sections at the beginning of subchapter IV of chapter 148
of such title is amended to read as follows:
‘‘2525. Manufacturing Science and Technology Program.’’.
(b) FUNDING.—Of the amounts appropriated pursuant
to section 201, not more than $125,000,000 shall be avail-
able for the Manufacturing Science and Technology Pro-
HR 4301 EAS
gram under section 2525 of title 10, United States Code
(as amended by subsection (a)), of which—
(1) not more than $30,000,000 shall be available
for the Army;
(2) not more than $35,000,000 shall be available
for the Navy;
(3) not more than $50,000,000 shall be available
for the Air Force; and
(4) not more than $10,000,000 shall be available
for the Defense Logistics Agency.
SEC. 249. DEFENSE EXPERIMENTAL PROGRAM TO STIMU-
LATE COMPETITIVE RESEARCH.
(a) PROGRAM REQUIRED.—The Secretary of Defense,
acting through the Director of Defense Research and Engi-
neering, shall carry out a Defense Experimental Program
to Stimulate Competitive Research (DEPSCoR) as part of
the university research programs of the Department of De-
fense.
(b) PROGRAM OBJECTIVES.—The objectives of the pro-
gram are as follows:
(1) To enhance the capabilities of institutions of
higher education in eligible States to develop, plan,
and execute science and engineering research that is
competitive under the peer-review systems used for
awarding Federal research assistance.
HR 4301 EAS
(2) To increase the probability of long-term
growth in the competitively awarded financial assist-
ance that institutions of higher education in eligible
States receive from the Federal Government for
science and engineering research.
(c) PROGRAM ACTIVITIES.—In order to achieve the
program objectives, the following activities are authorized
under the program:
(1) Competitive award of research grants.
(2) Competitive award of financial assistance for
graduate students.
(d) ELIGIBLE STATES.—(1) The Director of the Na-
tional Science Foundation shall designate which States are
eligible States for the purposes of this section and shall no-
tify the Director of Defense Research and Engineering of
the States so designated.
(2) The Director of the National Science Foundation
shall designate a State as an eligible State if, as determined
by the Director—
(A) the institutional average amount of Federal
financial assistance for research and development re-
ceived by the institutions of higher education in the
State for the fiscal year preceding the fiscal year for
which the designation is effective, or for the last fiscal
year for which statistics are available, is less than the
HR 4301 EAS
amount equal to 50 percent of the national institu-
tional average amount of Federal financial assistance
for research and development received by the institu-
tions of higher education in the United States for
such preceding or last fiscal year, as the case may be;
(B) the State has demonstrated a commitment to
developing research bases in the State and to improv-
ing science and engineering research and education
programs at institutions of higher education in the
State; and
(C) the State is an eligible State for purposes of
the Experimental Program to Stimulate Competitive
Research conducted by the National Science Founda-
tion.
(e) COORDINATION WITH SIMILAR FEDERAL PRO-
GRAMS.—(1) The Secretary shall consult with the Director
of the National Science Foundation and the Director of the
Office of Science and Technology Policy in the planning,
development, and execution of the program and shall co-
ordinate the program with the Experimental Program to
Stimulate Competitive Research conducted by the National
Science Foundation and with similar programs sponsored
by other departments and agencies of the Federal Govern-
ment.
HR 4301 EAS
(2) All solicitations under the Defense Experimental
Program to Stimulate Competitive Research shall be made
to, and all awards shall be made through, the State commit-
tees established for purposes of the Experimental Program
to Stimulate Competitive Research conducted by the Na-
tional Science Foundation.
(3) A State committee referred to in paragraph (2)
shall ensure that activities carried out in the State of that
committee under the Defense Experimental Program to
Stimulate Competitive Research are coordinated with the
activities carried out in the State under other similar ini-
tiatives of the Federal Government to stimulate competitive
research.
SEC. 250. STUDY ON BEAMING HIGH POWER LASER ENERGY
TO SATELLITES.
(a) STUDY.—(1) The Secretary of Defense and the Ad-
ministrator of the National Aeronautics and Space Admin-
istration shall jointly carry out a study to determine the
cost, feasibility, and advisability of the development and
utilization of a system to deliver energy to satellites by
beaming high power laser energy from ground sources.
(2) In determining the cost, feasibility, and advisabil-
ity of the system referred to in paragraph (1), the Secretary
and the Administrator shall take into account the impact
on the environment of the development and utilization of
HR 4301 EAS
the system and the effect, if any, of the development and
utilization of the system on the arms control efforts or obli-
gations of the United States.
(3) In carrying out the study, the Secretary and the
Administrator shall consider the development of a space en-
ergy laser (SELENE) system using a free electron laser at
the Naval Air Weapons Station, China Lake, California.
(b) REPORT.—The Secretary and the Administrator
shall jointly submit to the congressional defense committees
a report on the study required under subsection (a). The
Secretary and the Administrator shall submit the report not
later than July 1, 1995.
SEC. 251. ADVANCED THREAT RADAR JAMMER.
(a) LIMITATION REGARDING JOINT DEVELOPMENT
PROGRAM WITH CERTAIN FOREIGN ENTITIES.—The Sec-
retary of Defense may not negotiate or enter into any agree-
ment with, nor accept funds from, a foreign government or
an entity controlled by a foreign government for a joint pro-
gram for the development of an advanced threat radar
jammer for combat helicopters until 30 days after the Sec-
retary, in consultation with the Secretary of State, the Sec-
retary of the Army, and the Director of the Defense Security
Assistance Agency, conducts a comprehensive review of the
program and submits a report on the results of that review
to the congressional defense committees.
HR 4301 EAS
(b) MATTERS COVERED BY REVIEW AND REPORT.—
The matters relating to the program referred to in sub-
section (a) that are required to be covered by the review
and report are as follows:
(1) The legal basis for seeking for the program
funds that are neither authorized to be appropriated
nor appropriated.
(2) The consistency of the program with the De-
partment of Defense policy that no foreign military
sale of a defense system, and no commitment to for-
eign military sale of a defense system, be made before
operational test and evaluation of the system is suc-
cessfully completed and the Under Secretary of De-
fense for Acquisition and Technology has specifically
approved the system for sale to a foreign government.
(3) The mission requirement for an advanced
threat radar jammer for combat helicopters.
(4) An assessment of each threat for which an
advanced threat radar jammer would be developed,
particularly with regard to each threat to a foreign
country with which the United States would jointly
develop an advanced threat radar jammer.
(5) The potential for sensitive electronic warfare
technology to be made available to potential adversar-
HR 4301 EAS
ies of the United States as a result of United States
participation in the program.
(6) The availability of other nondevelopmental
items and less sophisticated technologies for counter-
ing the emerging radar detection threats to United
States combat helicopters and combat helicopters of
United States allies.
(7) A capability assessment of similar tech-
nologies available from other foreign countries and the
consequences of proliferation of such technologies in
regions of potential conflict.
(c) INAPPLICABILITY TO MAJOR ALLIES OF THE UNIT-
ED STATES.—This section does not apply with respect to
a major ally of the United States.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘entity controlled by a foreign gov-
ernment’’ includes—
(A) any domestic or foreign organization or
corporation that is effectively owned or con-
trolled by a foreign government; and
(B) any individual acting on behalf of a
foreign government,
as determined by the Secretary of Defense. Such term
does not include an organization or corporation that
is owned, but is not controlled, either directly or indi-
HR 4301 EAS
rectly, by a foreign government if the ownership of
that organization or corporation by that foreign gov-
ernment was effective before October 23, 1992.
(2) The term ‘‘major ally of the United States’’
has the meaning given such term in section
2350a(i)(2) of title 10, United States Code.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance in amounts as follows:
(1) For the Army, $17,542,914,000.
(2) For the Navy, $21,326,470,000.
(3) For the Marine Corps, $2,096,695,000.
(4) For the Air Force, $18,789,023,000.
(5) For Defense-wide activities, $9,994,325,000.
(6) 
For 
Medical 
Programs, 
Defense,
$9,854,459,000.
(7) For the Army Reserve, $1,253,709,000.
(8) For the Naval Reserve, $828,319,000.
HR 4301 EAS
(9) For the Marine Corps Reserve, $81,462,000.
(10) For the Air Force Reserve, $1,478,990,000.
(11) 
For 
the 
Army 
National 
Guard,
$2,452,148,000.
(12) 
For 
the 
Air 
National 
Guard,
$2,780,178,000.
(13) For the National Board for the Promotion
of Rifle Practice, $2,544,000.
(14) 
For 
the 
Defense 
Inspector 
General,
$140,798,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $714,200,000.
(16) For the United States Court of Appeals for
the Armed Services, $6,126,000.
(17) For Environmental Restoration, Defense,
$2,180,200,000.
(18) For Humanitarian Assistance, $71,900,000.
(19) For Former Soviet Union Threat Reduc-
tion, $400,000,000.
(20) For the Contributions for International
Peacekeeping and Peace Enforcement Activities Fund,
$300,000,000.
(21) For support for the 1996 Summer Olym-
pics, $10,000,000.
HR 4301 EAS
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$798,400,000.
(2) For the National Defense Sealift Fund,
$227,800,000.
SEC. 303. ARMED FORCES RETIREMENT HOME FUNDING.
There is hereby authorized to be appropriated for fiscal
year 1995 from the Armed Forces Retirement Home Trust
Fund the sum of $59,317,000 for the operation of the Armed
Forces Retirement Home, including the United States Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND
OBLIGATIONS.
During fiscal year 1995, $14,300,000 is authorized to
be obligated from the National Security Education Trust
Fund established by section 804(a) of the David L. Boren
National Security Education Act of 1991 (50 U.S.C.
1904(a)).
HR 4301 EAS
SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $250,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 1995 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(4) For Defense-wide activities, $100,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts
in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section 1001.
SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS
WORLD GAMES.
(a) AUTHORITY TO PROVIDE SUPPORT.—The Sec-
retary of Defense may provide logistical support and per-
HR 4301 EAS
sonnel services in connection with the 1995 Special Olym-
pics World Games to be held in New Haven, Connecticut.
(b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—
(1) Except as provided in paragraph (2), the costs for pay
and nontravel-related allowances of members of the Armed
Forces for the support and services referred to in subsection
(a) may not be charged to appropriations made pursuant
to the authorization of appropriations in subsection (c).
(2) Paragraph (1) does not apply in the case of mem-
bers of a reserve component called or ordered to active duty
to provide logistical support and personnel services for the
1995 Special Olympics World Games.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $3,000,000 for the Depart-
ment of Defense for fiscal year 1995 to carry out subsection
(a).
SEC. 307. AIR NATIONAL GUARD FIGHTER AIRCRAFT.
(a) FINDINGS.—Congress makes the following findings:
(1) The Bottom-Up Review force structure pro-
posal would accomplish most of the remaining reduc-
tions in the total number of Air Force general pur-
pose fighter wings by reducing the Air National
Guard and Air Force Reserve fighter force from 10
wings to 7 wings.
HR 4301 EAS
(2) The current plan for implementing the reduc-
tion referred to in paragraph (1) is to reduce the
number of fighter aircraft in each Air National
Guard fighter unit from 24 or 18 primary aircraft
authorized to 15 primary aircraft authorized and to
convert some Air National Guard fighter units to
other purposes.
(3) The number of Air National Guard Combat
Readiness Training Centers in operation during fis-
cal year 1995 should not be less than the number of
such centers in operation at the end of fiscal year
1994.
(4) The Commission on Roles and Missions of
the Armed Forces established by section 952 of the
National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 10 U.S.C. 111 note; 107
Stat. 1738) is required to submit to Congress a report
under section 954(b) of such Act on possible changes
to existing allocations among the Armed Forces of
military roles, missions, and functions.
(5) The Commission is not expected to submit
the report until the middle of fiscal year 1995.
(6) The report of the Commission should contain
a review of and recommendations on the assignment
of roles and missions to units of the Air National
HR 4301 EAS
Guard and the Air Force Reserve in relation to active
component units that are the counterparts to such
units and on requirements for resources for training
of such units.
(b) REQUIREMENT.—After submission of the report re-
ferred to in paragraph (3), the Secretary of Defense shall
review its findings on the role and requirements for general
purpose fighter units of the Air National Guard, and shall
complete within 30 days a study which recommends the ap-
propriate level of primary aircraft authorized (PAA) for
such units, following which, if the Secretary determines
changes in that level are appropriate, he may notify the
Congress of his determination and he may seek any
reprogramming of funds that he considers appropriate to
ensure that such changes are implemented.
Subtitle B—Defense Business
Operations Fund
SEC. 311. PERMANENT AUTHORITY FOR USE OF FUND FOR
MANAGING WORKING CAPITAL FUNDS AND
CERTAIN ACTIVITIES.
Section 316(a) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208 note)
is amended by striking out ‘‘During’’ and all that follows
through ‘‘December 31, 1994, the’’ and inserting in lieu
thereof ‘‘The’’.
HR 4301 EAS
SEC. 312. IMPLEMENTATION OF IMPROVEMENT PLAN.
(a) PROGRESS REPORT ON IMPLEMENTATION.—Not
later than February 1, 1995, the Secretary of Defense shall
submit to the congressional defense committees a report on
the progress made in implementing the Defense Business
Operations Fund Improvement Plan, dated September,
1993. The report shall describe the progress made in reach-
ing the milestones established in the plan and provide an
explanation for the failure to meet any of the milestones.
The Secretary shall submit a copy of the report to the
Comptroller General of the United States at the same time
the Secretary submits the report to the congressional defense
committees.
(b) RESPONSIBILITIES OF THE COMPTROLLER GEN-
ERAL.—(1) The Comptroller General shall monitor and
evaluate the progress of the Department of Defense in devel-
oping and implementing the improvement plan referred to
in subsection (a).
(2) Not later than March 1, 1995, the Comptroller Gen-
eral shall submit to the congressional defense committees a
report containing the following:
(A) The findings and conclusions of the Comp-
troller General resulting from the monitoring and
evaluation conducted under paragraph (1).
HR 4301 EAS
(B) An evaluation of the progress report submit-
ted to the congressional defense committees by the Sec-
retary of Defense pursuant to subsection (a).
(C) Any recommendations for legislation or ad-
ministrative action concerning the Fund that the
Comptroller General considers appropriate.
SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAP-
ITAL ASSET FUND.
The Secretary of Defense may not incur obligations
against funds in the capital asset subaccount of the Defense
Business Operations Fund during fiscal year 1995 in a
total amount in excess of $1,500,000.
SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUP-
PLY MANAGEMENT DIVISIONS.
(a) LIMITATION.—(1) The Secretary of Defense may
not incur obligations against the supply management divi-
sions of the Defense Business Operations Fund during fiscal
year 1995 in a total amount in excess of 65 percent of the
total amount derived from sales from such divisions during
that fiscal year.
(2) For purposes of determining the amount of obliga-
tions incurred against, and sales from, such divisions dur-
ing fiscal year 1995, the Secretary shall exclude obligations
and sales for fuel, commissary and subsistence items, retail
operations, repair of equipment and spare parts in support
HR 4301 EAS
of repair, direct vendor deliveries, foreign military sales,
initial outfitting requiring equipment furnished by the Fed-
eral Government, and the cost of operations.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may waive the limitation in subsection (a) if the Secretary
determines that such waiver is necessary in order to main-
tain the readiness and combat effectiveness of the Armed
Forces. The Secretary shall immediately notify Congress of
any such waiver and the reasons for such waiver.
(c) DETERMINATIONS OF EFFECTS OF LIMITATION ON
READINESS AND COMBAT EFFECTIVENESS.—Not later than
60 days after the date of the enactment of this Act, the sec-
retaries of the military departments and the Director of the
Defense Logistics Agency shall each submit to the Secretary
of Defense a report containing the views of such official on
the effects of the limitation in subsection (a) on the ability
of the Department of Defense to maintain the readiness and
combat effectiveness of the Armed Forces. If the Secretary
of Defense determines, after considering the reports, that the
limitation will impair the readiness and combat effective-
ness of any of the Armed Forces, the Secretary shall exercise
the waiver authority provided in subsection (b).
HR 4301 EAS
Subtitle C—Environmental Matters
SEC. 321. PROHIBITION ON THE PURCHASE OF SURETY
BONDS AND OTHER GUARANTEES FOR THE
DEPARTMENT OF DEFENSE.
No funds appropriated or otherwise made available to
the Department of Defense for fiscal year 1995 may be obli-
gated or expended for the purchase of surety bonds or other
guarantees of financial responsibility in order to guarantee
the performance of any direct function of the Department
of Defense.
SEC. 322. EXTENSION OF PROHIBITION ON USE OF ENVI-
RONMENTAL RESTORATION FUNDS FOR PAY-
MENT OF FINES AND PENALTIES.
None of the funds appropriated for fiscal year 1995
pursuant to the authorization of appropriations provided
in section 301(17) may be used for the payment of a fine
or penalty imposed against the Department of Defense un-
less the act or omission for which the fine or penalty is
imposed arises out of activities funded by the account.
SEC. 323. PARTICIPATION OF INDIAN TRIBES IN AGREE-
MENTS FOR DEFENSE ENVIRONMENTAL RES-
TORATION.
Section 2701(d) of title 10, United States Code, is
amended—
HR 4301 EAS
(1) by striking out ‘‘SERVICE OF OTHER AGEN-
CIES.—The Secretary’’ and inserting in lieu thereof
the following: ‘‘SERVICE OF OTHER AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary’’;
(2) in paragraph (1), as so designated, by insert-
ing ‘‘any Federally recognized Indian tribe or’’ before
‘‘any State or local government agency,’’; and
(3) by adding at the end the following:
‘‘(2) DEFINITION.—For purposes of this sub-
section, the term ‘Indian tribe’ has the meaning given
such term in section 101(36) of the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9701(36)).’’.
SEC. 324. EXTENSION OF AUTHORITY TO ISSUE SURETY
BONDS FOR CERTAIN ENVIRONMENTAL PRO-
GRAMS.
Section 2701(j) of title 10, United States Code, is
amended by striking out ‘‘December 31, 1995’’ and insert-
ing in lieu thereof ‘‘December 31, 1999’’.
HR 4301 EAS
Subtitle D—Matters Relating to De-
partment of Defense Civilian
Employees
SEC. 331. EXTENSION OF CERTAIN TRANSITION ASSIST-
ANCE AUTHORITIES.
(a) REDUCTION-IN-FORCE NOTIFICATION REQUIRE-
MENTS.—Section 4433(b)(2) of the Defense Conversion, Re-
investment, and Transition Assistance Act of 1992 (division
D of Public Law 102–484; 106 Stat. 2721; 5 U.S.C. 3502
note) is amended by striking out ‘‘February 1, 1998’’ and
inserting in lieu thereof ‘‘February 1, 2000’’.
(b) SEPARATION PAY.—(1) Section 5597(e) of title 5,
United States Code, is amended by striking out ‘‘September
30, 1997’’ and inserting in lieu thereof ‘‘September 30,
1999’’.
(2) Section 4436(d)(2) of the Defense Conversion, Re-
investment, and Transition Assistance Act of 1992 (5
U.S.C. 8348 note) is amended by striking out ‘‘January
1, 1998’’ and inserting in lieu thereof ‘‘January 1, 2000’’.
(c) RESTORATION
OF
CERTAIN
LEAVE.—Section
6304(d)(3) of title 5, United States Code, is amended by
striking out ‘‘the closure of an installation’’ and inserting
in lieu thereof ‘‘the closure of an installation of the Depart-
ment of Defense pursuant to the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
HR 4301 EAS
Law 101–510; 10 U.S.C. 2687 note) during any period, and
the closure of any other installation’’.
(d) 
CONTINUED
HEALTH
BENEFITS.—Section
8905a(d)(4)(B) of title 5, United States Code, is amended—
(1) by striking out ‘‘October 1, 1997’’ each place
it appears and inserting in lieu thereof ‘‘October 1,
1999’’; and
(2) in clause (ii), by striking out ‘‘February 1,
1998,’’ and inserting in lieu thereof ‘‘February 1,
2000,’’.
SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO
CONDUCT 
PERSONNEL 
DEMONSTRATION
PROJECTS.
(a) CHINA LAKE DEMONSTRATION PROJECT.—(1) Sec-
tion 6 of the Civil Service Miscellaneous Amendments Act
of 1983 (Public Law 98–224; 98 Stat. 49) is amended by
striking out ‘‘September 30, 1995,’’.
(2) In the event of a reorganization of the organization
carrying out the personnel demonstration project referred
to in section 6 of Public Law 98–224, such section shall
apply with respect to the successor to that organization.
(b) DEFENSE
LABORATORIES
PERSONNEL
DEM-
ONSTRATION PROJECTS.—(1) The Secretary of Defense may
carry out personnel demonstration projects at Department
of Defense laboratories designated by the Secretary as De-
HR 4301 EAS
partment of Defense science and technology reinvention lab-
oratories.
(2) Each personnel demonstration project carried out
under the authority of paragraph (1) shall be similar to
the personnel demonstration project that is authorized by
section 6 of Public Law 98–224 to be continued at the Naval
Weapons Center, China Lake, California, and at the Naval
Ocean Systems Center, San Diego, California.
(3) If the Secretary carries out a demonstration project
at a laboratory pursuant to paragraph (1), section 4703
(other than subsection (d)) of title 5, United States Code,
shall apply to such demonstration project, except that the
authority of the Secretary to carry out the demonstration
project is that which is provided in paragraph (1) rather
than the authority that is provided in such section 4703.
SEC. 333. LIMITATION ON PAYMENT OF SEVERANCE PAY TO
CERTAIN EMPLOYEES TRANSFERRING TO EM-
PLOYMENT 
POSITIONS 
IN
NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES.
(a) IN GENERAL.—Section 5595 of title 5, United
States Code, is amended by adding at the end the following:
‘‘(h)(1) Severance pay under this section may not be
paid to—
HR 4301 EAS
‘‘(A) a person described in paragraph (4)(A)
during any period in which the person is employed
in a defense nonappropriated fund instrumentality;
or
‘‘(B) a person described in paragraph (4)(B)
during any period in which the person is employed
in a Coast Guard nonappropriated fund instrumen-
tality.
‘‘(2)(A) Except as provided in subparagraph (B), pay-
ment of severance pay to a person referred to in paragraph
(1) may be resumed upon any involuntary separation of
the person from the position of employment in a
nonappropriated fund instrumentality, not by removal for
cause on charges of misconduct, delinquency, or ineffi-
ciency.
‘‘(B) Payment of severance pay may not be resumed
under subparagraph (A) in the case of a person who, upon
separation, is entitled to immediate payment of retired or
retainer pay as a member or former member of the uni-
formed services or to an immediate annuity under—
‘‘(i) a retirement system for persons retiring
from employment by a nonappropriated fund instru-
mentality;
‘‘(ii) subchapter III of chapter 83 of this title;
‘‘(iii) subchapter II of chapter 84 of this title; or
HR 4301 EAS
‘‘(iv) any other retirement system of the Federal
Government for persons retiring from employment by
the Federal Government.
‘‘(3) Upon resumption of payment of severance pay
under paragraph (2)(A) in the case of a person separated
as described in such paragraph, the amount of the severance
pay so payable for a period shall be reduced (but not below
zero) by the portion (if any) of the amount of any severance
pay payable for such period to the person by the
nonappropriated fund instrumentality that is attributable
to credit for service taken into account under subsection (c)
in the computation of the amount of the severance pay so
resumed.
‘‘(4) Paragraph (1) applies to a person who, on or
after January 1, 1987, moves without a break in service—
‘‘(A) from employment in the Department of De-
fense 
that 
is 
not 
employment 
in 
a 
defense
nonappropriated fund instrumentality to employment
in a defense nonappropriated fund instrumentality;
or
‘‘(B) from employment in the Coast Guard that
is 
not 
employment 
in 
a 
Coast 
Guard
nonappropriated fund instrumentality to employment
in a Coast Guard nonappropriated fund instrumen-
tality.
HR 4301 EAS
‘‘(5) The Secretary of Defense, in consultation with the
Secretary of Transportation, shall prescribe regulations to
carry out this subsection.
‘‘(6) In this subsection:
‘‘(A) The term ‘defense nonappropriated fund in-
strumentality’ means a nonappropriated fund instru-
mentality of the Department of Defense.
‘‘(B) The term ‘Coast Guard nonappropriated
fund instrumentality’ means a nonappropriated fund
instrumentality of the Coast Guard.
‘‘(C) The term ‘nonappropriated fund instru-
mentality’ means a nonappropriated fund instrumen-
tality described in section 2105(c) of this title.’’.
(b) APPLICABILITY.—Subsection (h) of section 5595 of
title 5, United States Code, as added by subsection (a), shall
take effect on the date of the enactment of this Act and
apply with respect to pay periods that begin on or after
such date.
SEC. 334. RETIREMENT CREDIT FOR CERTAIN SERVICE IN
NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES BEFORE JANUARY 1, 1987.
(a) STUDY REQUIRED.—The Secretary of Defense shall
conduct a study to determine the level of interest among
employees of the Department of Defense referred to in sub-
section (b) in obtaining credit under the Civil Service Re-
HR 4301 EAS
tirement and Disability System or the Federal Employees’
Retirement System for former service described in such sub-
section as an employee of a nonappropriated fund instru-
mentality of the United States.
(b) EMPLOYEES CONCERNED.—The employees referred
to in subsection (a) are employees who, for at least 12
months during the period beginning on January 1, 1966,
and ending on December 31, 1986, performed service as an
employee described in section 2105(c) of title 5, United
States Code, conducting a program described in section
8332(b)(16)(A) of such title.
(c) CONDUCT OF STUDY.—In carrying out the study
under subsection (a), the Secretary shall—
(1) provide an opportunity for all employees re-
ferred to in that subsection to express interest in ob-
taining retirement credit for the former service in a
nonappropriated fund instrumentality of the United
States; and
(2) inform such employees that deposits to the
Civil Service Retirement and Disability Fund would
be required of the interested employees under section
8334(c) of title 5, United States Code, or section
8411(f) of such title.
(d) REPORT.—Not later than February 1, 1995, the
Secretary shall submit to Congress a report on the results
HR 4301 EAS
of the study required by subsection (a). The report shall con-
tain the following matters:
(1) An analysis of the issues, to include existing
legal rights of the employees described in paragraph
(b) above under the Civil Service Retirement Disabil-
ity System or the Federal Employees’ Retirement
System.
(2) An Analysis of the inequities, if any, that
may have been caused by conversion from employ-
ment by nonappropriated fund instrumentalities of
the United States to employment by the Department
of Defense.
(3) The number of full time and part time em-
ployees described in paragraph (b) above that are af-
fected by any inequities described in paragraph (2).
(4) The Department of Defense recommendations,
if any, to redress any inequities described in para-
graph (2), and
(5) The cost to the Federal Government of any
recommendation described in paragraph (4).
HR 4301 EAS
SEC. 335. TRAVEL, TRANSPORTATION, AND RELOCATION
EXPENSES OF EMPLOYEES TRANSFERRING
TO THE UNITED STATES POSTAL SERVICE.
(a) IN GENERAL.—(1) Subchapter II of chapter 57 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘§ 5735. Travel, transportation, and relocation ex-
penses of employees transferring to the
United States Postal Service
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, employees of the Department of Defense de-
scribed in subsection (b) may be authorized travel, trans-
portation, and relocation expenses and allowances in con-
nection with appointments referred to in such subsection
under the same conditions and to the same extent author-
ized by this subchapter for transferred employees.
‘‘(b) COVERED EMPLOYEES.—Subsection (a) applies to
any employee of the Department of Defense who—
‘‘(1) is scheduled for separation from the Depart-
ment, other than for cause;
‘‘(2) is selected for appointment to a continuing
position with the United States Postal Service; and
‘‘(3) accepts the appointment.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following:
HR 4301 EAS
‘‘5735. Travel, transportation, and relocation expenses of employees transferring
to the United States Postal Service.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment
of this Act and apply to persons separated from employ-
ment by the Department of Defense on or after such date.
SEC. 336. FOREIGN EMPLOYEES COVERED BY THE FOREIGN
NATIONAL EMPLOYEES SEPARATION PAY AC-
COUNT.
Section 1581 of title 10, United States Code, is amend-
ed—
(1) by striking out ‘‘foreign national employees
of the Department of Defense’’ each place it appears
in subsections (a) and (b) and inserting in lieu there-
of ‘‘foreign nationals referred to in subsection (e)’’;
and
(2) by striking out subsection (e) and inserting
in lieu thereof the following:
‘‘(e) EMPLOYEES COVERED.—This section applies only
with respect to separation pay of foreign nationals em-
ployed by the Department of Defense, and foreign nationals
employed by a foreign government for the benefit of the De-
partment of Defense, under any of the following agreements
that provide for payment of separation pay:
‘‘(1) A contract.
‘‘(2) A treaty.
HR 4301 EAS
‘‘(3) A memorandum of understanding with a
foreign nation.
SEC. 337. INCREASED AUTHORITY TO ACCEPT VOLUNTARY
SERVICES.
(a) EXPANSION OF AUTHORITY.—The text of section
1588 of title 10, United States Code, is amended to read
as follows:
‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject sub-
section (b) and notwithstanding section 1342 of title 31,
the Secretary concerned may accept from any person the
following services:
‘‘(1) Voluntary medical services, dental services,
nursing services, or other health-care related services.
‘‘(2) Voluntary services to be provided for a mu-
seum or a natural resources program.
‘‘(3) Voluntary services to be provided for pro-
grams providing services to members of the armed
forces and the families of such members, including the
following programs:
‘‘(A) Family support programs.
‘‘(B) Child development and youth services
programs.
‘‘(C) Library and education programs.
‘‘(D) Religious programs.
‘‘(E) Housing referral programs.
100
HR 4301 EAS
‘‘(F) Programs providing employment as-
sistance to spouses of such members.
‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The Sec-
retary concerned shall notify the person of the scope of the
services accepted.
‘‘(2) With respect to a person providing voluntary
services accepted under subsection (a), the Secretary con-
cerned—
‘‘(A) shall—
‘‘(i) supervise the person to the same extent
as the Secretary would supervise a compensated
employee providing similar services; and
‘‘(ii) ensure that the person is licensed,
privileged, has appropriate credentials, or is oth-
erwise qualified under applicable law or regula-
tions to provide such services; and
‘‘(B) may not—
‘‘(i) place the person in a policy-making po-
sition; or
‘‘(ii) except as provided subsection (e), com-
pensate the person for the provision of such serv-
ices.
‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS
PROVIDING SERVICES.—The Secretary concerned may re-
101
HR 4301 EAS
cruit and train persons to provide voluntary services ac-
cepted under subsection (a).
‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—(1)
Subject to paragraph (3), while providing voluntary serv-
ices accepted under subsection (a) or receiving training
under subsection (c) a person, other than a person referred
to in paragraph (2), shall be considered to be an employee
of the Federal Government only for purposes of the following
provisions of law:
‘‘(A) Subchapter I of chapter 81 of title 5, relat-
ing to compensation for work-related injuries.
‘‘(B) Section 2733 of this title and section 2733
of title 28, relating to claims for damages or loss.
‘‘(C) Section 522a of title 5, relating to mainte-
nance of records on individuals.
‘‘(D) Chapter 11 of title 18, relating to conflicts
of interest.
‘‘(2) Subject to paragraph (3), while providing a
nonappropriated fund instrumentality of the United States
with voluntary services accepted under subsection (a), or
receiving training under subsection (c) to provide such an
instrumentality with services accepted under subsection (a),
a person shall be considered an employee of that instrumen-
tality only for the following purposes:
102
HR 4301 EAS
‘‘(A) Subchapter II of chapter 81 of title 5, relat-
ing to compensation of nonappropriated fund employ-
ees for work-related injuries.
‘‘(B) Section 2733 of this title and section 2733
of title 28, relating to tort claims.
‘‘(3) A person providing voluntary services accepted
under subsection (a) shall be considered to be an employee
of the Federal Government under paragraph (1) or (2) only
with respect to services that are within the scope of the serv-
ices so accepted.
‘‘(4) For purposes of determining the compensation for
work-related injuries payable under chapter 81 of title 5
(pursuant to this subsection) to a person providing vol-
untary services accepted under subsection (a), the monthly
pay of the person for such services shall be deemed to be
the amount determined by multiplying—
‘‘(A) the average monthly number of hours that
the person provided the services, by
‘‘(B) the minimum wage determined in accord-
ance with section 6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(a)(1)).
‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—
The Secretary concerned may provide for reimbursement of
a person for incidental expenses incurred by the person in
providing voluntary services accepted under subsection (a).
104
HR 4301 EAS
thereof ‘‘section 3(a) of such Act (33 U.S.C.
903(3)) which follows the second comma’’;
(ii) in subsection (b), by striking out ‘‘sec-
tion 902(4) of title 33’’ and inserting in lieu
thereof ‘‘section 2(4) of the Longshore and Har-
bor Workers’ Compensation Act (33 U.S.C.
902(4))’’;
(iii) in subsection (c)(1), by striking out
‘‘section 939(b) of title 33’’ and inserting in lieu
thereof ‘‘39(b) of the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 939(b))’’;
and
(iv) in subsection (d), by striking out ‘‘sec-
tions 918 and 921 of title 33’’ and inserting in
lieu thereof ‘‘sections 18 and 21 of the Longshore
and Harbor Workers’ Compensation Act (33
U.S.C. 18 and 21, respectively)’’; and
(B) by striking out ‘‘section 902(2) of title 33’’
in sections 8172 and 8173 and inserting in lieu there-
of ‘‘section 2(2) of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 2(2))’’.
105
HR 4301 EAS
Subtitle E—Other Matters
SEC. 341. CHANGE OF SOURCE FOR PERFORMANCE OF
DEPOT-LEVEL WORKLOADS.
The text of section 2469 of title 10, United States Code,
is amended to read as follows:
‘‘(a) REQUIREMENT
FOR COMPETITION.—The Sec-
retary of Defense shall ensure that the performance of a
depot-level maintenance workload described in subsection
(b) is not changed to performance by a contractor or by
another depot-level maintenance activity of the Department
of Defense unless the change is made using—
‘‘(1) merit-based selection procedures for com-
petitions among all depot-level maintenance activities
of the Department of Defense; or
‘‘(2) competitive procedures for competitions
among private and public sector entities.
‘‘(b) SCOPE.—Subsection (a) applies to any depot-level
maintenance workload that has a value of not less than
$3,000,000 and is being performed by a depot-level activity
of the Department of Defense.
‘‘(c) INAPPLICABILITY OF OMB CIRCULAR A–76.—Of-
fice of Managment and Budget Circular A–76 does not
apply to a performance change to which subsection (a) ap-
plies.’’.
106
HR 4301 EAS
SEC. 342. CIVIL AIR PATROL.
(a) PROVISION OF FUNDS.—Subsection (b) of section
9441 of title 10, United States Code, is amended—
(1) by redesignating paragraphs (8), (9), (10),
and (11) as paragraphs (9), (10), (11), and (12), re-
spectively; and
(2) by inserting after paragraph (7) the follow-
ing new paragraph (8):
‘‘(8) provide funds for the national headquarters
of the Civil Air Patrol, including funds for the pay-
ment of staff compensation and benefits, administra-
tive expenses, travel, per diem and allowances, rent
and utilities, and other operational expenses;’’.
(b) LIAISONS.—Such section is further amended by
adding at the end the following new subsection:
‘‘(d)(1) The Secretary of the Air Force may authorize
the Civil Air Patrol to employ, as administrators and liai-
son officers, persons retired from service in the Air Force
whose qualifications are approved under regulations pre-
scribed by the Secretary and who request such employment.
‘‘(2) A person employed pursuant to paragraph (1)
may receive the person’s retired pay and an additional
amount for such employment that is not more than the dif-
ference between the person’s retired pay and the pay and
allowances the person would be entitled to receive if ordered
to active duty in the grade in which the person retired from
107
HR 4301 EAS
service in the Air Force. The additional amount shall be
paid to the Civil Air Patrol by the Secretary from funds
appropriated for that purpose.
‘‘(3) A person employed pursuant to paragraph (1)
may not, while so employed, be considered to be on active
duty or inactive-duty training for any purpose.’’.
SEC. 343. ARMED FORCES RETIREMENT HOME.
(a) INCREASED MAXIMUM LIMITATION
ON DEDUC-
TIONS FROM PAY.—Section 1007(i) of title 37, United
States Code, is amended—
(1) in paragraph (1), by striking out ‘‘50 cents’’
and inserting in lieu thereof ‘‘$2.00’’; and
(2) in paragraph (3), by adding at the end the
following: ‘‘The amount fixed for a grade or length of
service may not be increased by more than 50 cents
during any 12-month period.’’.
(b) MODIFICATION OF FEES PAID BY RESIDENTS.—
(1) Paragraph (2) of section 1514(c) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 414(c)) is amend-
ed to read as follows:
‘‘(2) The fee shall be fixed as a percentage of the month-
ly income and monthly payments (including Federal pay-
ments) received by a resident, subject to such adjustments
in the fee as the Retirement Home Board may make under
108
HR 4301 EAS
paragraph (1). The percentage shall be the same for each
establishment of the Retirement Home.’’.
(2)(A) Subsections (d) and (e) of section 1514 of such
Act are repealed.
(B) Such section is further amended by adding after
subsection (c) the following new subsection (d):
‘‘(d) APPLICATION OF FEES.—Subject to such adjust-
ments in the fee as the Retirement Home Board may make
under subsection (c), each resident of the Retirement Home
shall be required to pay a monthly fee equal to the amount
determined by multiplying the total amount of all monthly
income and monthly payments (including Federal pay-
ments) received by the resident by a percentage as follows:
‘‘(1) In the case of a permanent health care resi-
dent—
‘‘(A) in fiscal year 1998, 35 percent;
‘‘(B) in fiscal year 1999, 45 percent; and
‘‘(C) in fiscal year 2000, 65 percent.
‘‘(2) In the case of a resident who is not a per-
manent health care resident—
‘‘(A) in fiscal year 1998, 30 percent;
‘‘(B) in fiscal year 1999, 35 percent; and
‘‘(C) in fiscal year 2000, 40 percent.
(c) MODERNIZATION OF FACILITIES.—(1) The Chair-
man of the Armed Forces Retirement Home Board shall
109
HR 4301 EAS
carry out a study to identify and evaluate alternatives for
modernization of the facilities at the United States Soldiers’
and Airmen’s Home.
(2) The Chairman shall submit an interim report and
a final report on the results of the study to the Committees
on Armed Services of the Senate and House of Representa-
tives. The Chairman shall submit the interim report not
later than April 1, 1995, and the final report not later than
December 31, 1995.
(d) EFFECTIVE DATES.—(1) The amendments made
by subsection (a) shall take effect on January 1, 1995, and
apply to years that begin on or after that date.
(2) The amendments made by subsection (b) shall take
effect October 1, 1997.
SEC. 344. CLARIFICATION OF AUTHORITY TO PROVIDE MED-
ICAL TRANSPORTATION UNDER NATIONAL
GUARD PILOT PROGRAM.
Paragraph (1) of section 376(h) of the National De-
fense Authorization Act for Fiscal Year 1993 (32 U.S.C.
501 note) is amended to read as follows:
‘‘(1) The term ‘health care’ includes the following
services:
‘‘(A) Medical care services.
‘‘(B) Dental care services.
110
HR 4301 EAS
‘‘(C) Transportation, by air ambulance or
other means, for medical reasons.’’.
SEC. 345. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.
(a) PROGRAM AUTHORIZED.—Subject to subsection
(b), the Secretary of the Army may carry out a loan guar-
antee program to encourage commercial firms to use ammu-
nition manufacturing facilities pursuant to section 193 of
the Armament Retooling and Manufacturing Support Act
of 1992 (subtitle H of title I of Public Law 102–484; 106
Stat. 2348). Under such program, the Secretary may guar-
antee the repayment of any loan made to a commercial firm
to fund, in whole or in part, the establishment of a commer-
cial activity under the Act.
(b) ADVANCED BUDGET AUTHORITY.—Loan guaran-
tees under this section may not be committed except to the
extent that appropriations of budget authority to cover their
costs are made in advance, as required by section 504 of
the Federal Credit Reform Act of 1990 (title V of the Con-
gressional Budget Act of 1974; 2 U.S.C. 661c).
(c) PROGRAM ADMINISTRATION.—(1) The Secretary
may enter into agreements with the Administrator of the
Small Business Administration, the Administrator of the
Farmers Home Administration, and the Administrator of
the Rural Development Administration under which such
Administrators may, under this section—
111
HR 4301 EAS
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary to
administer the loan guarantee program.
(2) Each Administrator may guarantee loans under
this section to commercial firms of any size, notwithstand-
ing any size limitations imposed on other loan guarantee
programs that the Administrator administers.
(3) To the extent practicable, each Administrator shall
use the same procedures for processing loan guarantee ap-
plications under this section as the Administrator uses for
processing loan guarantee applications under other loan
guarantee programs that the Administrator administers.
(d) LOAN LIMITS.—Loan guarantees under this section
may not exceed—
(1) $20,000,000 for any borrower; and
(2) $65,000,000 for all borrowers.
(e) TRANSFER OF FUNDS.—The Secretary of the Army
may transfer to an Administrator providing services under
subsection (c), and an Administrator may accept, such
funds as may be necessary to administer the loan guarantee
program under this section.
(f) REPORTING REQUIREMENT.—Not later than July
1 of each year in which a guarantee issued under this sec-
tion is in effect, the Secretary shall submit to the congres-
112
HR 4301 EAS
sional defense committees a report containing the amounts
of loans guaranteed under this section during the preceding
calendar year. No report is required after fiscal year 1997.
(g) AUTHORIZATION FOR USE OF EXISTING BUDGET
AUTHORITY.—Funds appropriated for the Armament Re-
tooling and Manufacturing Support Initiative by title III
of Public Law 102–396 under the heading ‘‘PROCUREMENT
OF AMMUNITION, ARMY’’ (106 Stat. 1887) may be made
available for loan guarantees under this section only to the
extent provided in an appropriations Act enacted after the
date of the enactment of this Act.
(h) EXTENSION OF AUTHORITY.—Section 193(a) of the
Armament Retooling and Manufacturing Support Act of
1992 (subtitle H of title I of Public Law 102–484; 106 Stat.
2348) is amended by striking out ‘‘During fiscal years 1993
and 1994,’’ and inserting in lieu thereof ‘‘During fiscal
years 1993 through 1996,’’.
SEC. 346. REAUTHORIZATION OF DEPARTMENT OF DE-
FENSE DOMESTIC ELEMENTARY AND SEC-
ONDARY SCHOOLS FOR DEPENDENTS.
(a) CONTINUED AUTHORITY.—Chapter 108 of title 10,
United States Code, is amended by adding at the end the
following new section:
113
HR 4301 EAS
‘‘§ 2164. Department of Defense domestic dependent el-
ementary and secondary schools
‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary of
Defense makes a determination that appropriate edu-
cational programs are not available through a local edu-
cational agency for dependents of members of the armed
forces and dependents of civilian employees of the Federal
Government residing on a military installation in the
United States (including territories, commonwealths, and
possessions of the United States), the Secretary may provide
for the elementary or secondary education of the dependents
of such members of the armed forces and, to the extent au-
thorized in subsection (c), the dependents of such civilian
employees.
‘‘(b) FACTORS FOR SECRETARY TO CONSIDER.—(1)
Factors to be considered by the Secretary of Defense in mak-
ing a determination under subsection (a) shall include the
following:
‘‘(A) The extent to which such dependents are eli-
gible for free public education in the local area adja-
cent to the military installation.
‘‘(B) The extent to which the local educational
agency is able to provide a comparable educational
program for such dependents.
‘‘(2) For purposes of paragraph (1)(B), an appro-
priate educational program is a program that, as deter-
114
HR 4301 EAS
mined by the Secretary, is comparable to a program of free
public education provided for children in the following com-
munities:
‘‘(A) In the case of a military installation lo-
cated in a State (other than an installation referred
to in subparagraph (B)), similar communities in the
State.
‘‘(B) In the case of a military installation with
boundaries contiguous to two or more States, similar
communities in the contiguous States.
‘‘(C) In the case of a military installation lo-
cated in a territory, commonwealth, or possession, the
District of Columbia, except that an educational pro-
gram determined comparable under this subpara-
graph may be considered appropriate for the purposes
of paragraph (1)(B) only if the program is conducted
in the English language.
‘‘(c) ELIGIBILITY OF DEPENDENTS OF FEDERAL EM-
PLOYEES.—(1) A dependent of a Federal employee residing
on a military installation at any time during the school
year may enroll in an educational program provided by
the Secretary of Defense pursuant to subsection (a) for de-
pendents residing on such installation.
‘‘(2)(A) Except as provided in subparagraph (B), a
dependent of a Federal employee who is enrolled in an edu-
115
HR 4301 EAS
cational program provided by the Secretary pursuant to
subsection (a) and who is not residing on a military instal-
lation may be enrolled in the program for not more than
five consecutive school years.
‘‘(B) A dependent referred to in subparagraph (A) may
be enrolled in the program for more than five consecutive
school years if the Secretary determines that, in the interest
of the dependent’s educational well-being, there is good
cause to extend the enrollment for more than the five-year
period described in such subparagraph. Any such extension
may be made for only one school year at a time.
‘‘(3) A dependent of a Federal employee may continue
enrollment in a program under this subsection for the re-
mainder of a school year notwithstanding a change during
such school year in the status of the Federal employee that,
except for this paragraph, would otherwise terminate the
eligibility of the dependent to be enrolled in the program.
The preceding sentence does not limit the authority of the
Secretary to remove the dependent from enrollment in the
program at any time for good cause determined by the Sec-
retary.
‘‘(d) SCHOOL BOARDS.—(1) The Secretary of Defense
shall provide for the establishment of a school board for each
Department of Defense elementary or secondary school es-
tablished for a military installation under this section.
116
HR 4301 EAS
‘‘(2) The school board shall be composed of the number
of members, not less than three, prescribed by the Secretary.
‘‘(3) The parents of the students attending the school
shall elect the school board in accordance with procedures
which the Secretary shall prescribe.
‘‘(4) The elected school board shall be considered a local
civic group with a function of rendering a public service
of providing counsel through oversight of school expendi-
tures and operations. The Secretary shall prescribe the over-
sight procedures and audit standards applicable to the func-
tions of the school board.
‘‘(5) Meetings conducted by the school board shall be
open to the public.
‘‘(6) A school board need not comply with the provi-
sions of the Federal Advisory Committee Act (5 U.S.C.
App.), but may close meetings in accordance with such Act.
‘‘(e) ADMINISTRATION AND STAFF.—(1) The Secretary
of Defense may enter into such arrangements as may be
necessary to provide educational programs at the school.
‘‘(2) The Secretary may, without regard to the provi-
sions of any other law relating to the number, classification,
or compensation of employees—
‘‘(A) establish such positions for civilian employ-
ees in schools established under this section;
‘‘(B) appoint individuals to such positions; and
118
HR 4301 EAS
District of Columbia. For purposes of the first sentence, a
school shall be considered to have been established pursuant
to the authority of this section if the school was established
pursuant to other similar authority before the date on which
this section takes effect.
‘‘(f) SUBSTANTIVE
AND PROCEDURAL RIGHTS
AND
PROTECTIONS FOR CHILDREN.—(1) The Secretary shall
provide the following substantive rights, protections, and
procedural safeguards (including due process procedures) in
the educational programs provided for under this section:
‘‘(A) In the case of children with disabilities
aged 3 to 5, inclusive, all substantive rights, protec-
tions, and procedural safeguards (including due proc-
ess procedures) available to children with disabilities
aged 3 to 5, inclusive, under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1411
et seq.).
‘‘(B) In the case of infants and toddlers with dis-
abilities, all substantive rights, protections, and pro-
cedural safeguards (including due process procedures)
available to infants and toddlers with disabilities
under part H of such Act (20 U.S.C. 1471 et seq.).
‘‘(C) In the case of all other children with dis-
abilities, all substantive rights, protections, and pro-
cedural safeguards (including due process procedures)
119
HR 4301 EAS
available to children with disabilities who are 3 to 5
years old under part B of such Act.
‘‘(2) Paragraph (1) may not be construed as diminish-
ing for children with disabilities enrolled in day edu-
cational programs provided for under this section the extent
of substantive rights, protections, and procedural safeguards
that were available under section 6(a) of Public Law 81–
874 (20 U.S.C. 241(a)) to children with disabilities as of
October 7, 1991.
‘‘(3) In this subsection:
‘‘(A) The term ‘children with disabilities’ has the
meaning given the term in section 602(a)(1) of the
Individuals with Disabilities Education Act (20
U.S.C. 1401(a)(1)).
‘‘(B) The term ‘children with disabilities aged 3
to 5, inclusive’ means such term as used in such Act
(20 U.S.C. 1400 et seq.).
‘‘(C) The term ‘infants and toddlers with disabil-
ities’ has the meaning given the term in section
672(1) of such Act (20 U.S.C. 1472(1)).
‘‘(g) REIMBURSEMENT.—When the Secretary of De-
fense provides educational services under this section to an
individual who is a dependent of an employee of a Federal
agency outside the Department of Defense, the head of the
other Federal agency shall, upon request of the Secretary
120
HR 4301 EAS
of Defense, reimburse the Secretary for those services at
rates routinely prescribed by the Secretary for those serv-
ices. Any payments received by the Secretary under this
subsection shall be credited to the account designated by the
Secretary for the operation of educational programs under
this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2164. Department of Defense domestic dependent elementary and secondary
schools.’’.
SEC. 347. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) AVAILABILITY OF FUNDS.—Of the amounts author-
ized to be appropriated pursuant to section 301(5)—
(1) $50,000,000 shall be available for providing
assistance to local educational agencies under sub-
section (b) of section 386 of Public Law 102–484; and
(2) $8,000,000 shall be available for making
payments to local educational agencies under sub-
section (d) of such section.
(b) NOTIFICATION AND DISBURSAL.—(1) On or before
June 30, 1995, the Secretary of Defense (with respect to
assistance provided in subsection (b) of section 386 of Pub-
121
HR 4301 EAS
lic Law 102–484) and the Secretary of Education (with re-
spect to payments made under subsection (d) of such sec-
tion) shall notify each local educational agency eligible for
assistance under subsections (b) and (d) of such section, re-
spectively, for fiscal year 1995 of such agency’s eligibility
for such assistance and the amount of such assistance.
(2) The Secretary of Defense (with respect to funds
made available under subsection (a)(1)) and the Secretary
of Education (with respect to funds made available under
subsection (a)(2)) shall disburse such funds not later than
30 days after notification to eligible local education agen-
cies.
SEC. 348. DISPOSITION OF PROCEEDS FROM OPERATION OF
THE NAVAL ACADEMY LAUNDRY.
Section 6971 of title 10, United States Code, is amend-
ed—
(1) in subsection (a)—
(A) by striking out ‘‘(a)’’; and
(B) in the first sentence, by striking out
‘‘and the Academy dairy’’ and inserting in lieu
thereof ‘‘the Academy dairy, and the Academy
laundry’’; and
(2) by striking out subsection (b).
122
HR 4301 EAS
SEC. 349. REPEAL OF ANNUAL LIMITATION ON EXPENDI-
TURES 
FOR 
EMERGENCY 
AND 
EXTRAOR-
DINARY EXPENSES OF THE DEPARTMENT OF
DEFENSE INSPECTOR GENERAL.
Section 127(c) of title 10, United States Code, is
amended—
(1) by striking out ‘‘(1)’’ after ‘‘(c)’’; and
(2) by striking out paragraph (2).
SEC. 350. EXTENSION OF AUTHORITY FOR PROGRAM TO
COMMEMORATE WORLD WAR II.
Section 378 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2387;
10 U.S.C. 113 note) is amended by striking out ‘‘1995’’ each
place it appears in subsections (a) and (b) and inserting
in lieu thereof ‘‘1996’’.
SEC. 351. EXTENSION OF AUTHORITY FOR AVIATION DE-
POTS AND NAVAL SHIPYARDS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510), as amend-
ed by section 370(b) of Public Law 103–160 (107 Stat.
1634), is further amended by striking out ‘‘September 30,
1994’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
123
HR 4301 EAS
SEC. 352. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF
DEFENSE PROPERTY TO EDUCATIONAL INSTI-
TUTIONS AND TRAINING SCHOOLS.
(a) AUTHORITY TO TRANSFER.—Subsection (b)(1) of
section 2535 of title 10, United States Code, is amended
by striking out subparagraph (G) and inserting in lieu
thereof the following:
‘‘(G) notwithstanding title II of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.) and any other provision of law,
authorize the transfer to a nonprofit educational in-
stitution or training school, on a nonreimbursable
basis, of any such property already in the possession
of such institution or school whenever the program
proposed by such institution or school for the use of
such property will contribute materially to national
defense; and’’.
(b) TREATMENT OF PROPERTY LOANED BEFORE DE-
CEMBER 31, 1993.—Except for property determined by the
Secretary to be needed by the Department of Defense, prop-
erty loaned before December 31, 1993, to an educational in-
stitution or training school under section 2535(b) of title
10, United States Code, or section 4(a)(7) of the Defense
Industrial Reserve Act (as in effect before October 23, 1992)
shall be regarded as surplus property. Upon certification
by the Secretary to the Administrator of General Services
124
HR 4301 EAS
that the property is being used by the borrowing edu-
cational institution or training school for a purpose consist-
ent with that for which the property was loaned, the Admin-
istrator may authorize the conveyance of all right, title, and
interest of the United States in such property to the bor-
rower if the borrower agrees to accept the property. The Ad-
ministrator may require any additional terms and condi-
tions in connection with a conveyance so authorized that
the Administrator considers appropriate to protect the in-
terests of the United States.
SEC. 353. SHIPS’ STORES.
Section 371 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1634;
10 U.S.C. 7604 note) is amended—
(1) by striking out subsections (a), (b), and (d);
and
(2) in subsection (c), by striking out ‘‘(c) CODI-
FICATION.—Section 7604’’ and inserting in lieu there-
of ‘‘Effective as of November 30, 1993, section 7604’’.
SEC. 354. HUMANITARIAN PROGRAM FOR CLEARING LAND-
MINES.
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may carry out a program for humanitarian purposes
to provide for the instruction, education, training, and ad-
vising of personnel of other nations in the various proce-
125
HR 4301 EAS
dures that have been determined effective for detecting and
clearing landmines.
(b) FORMS OF ASSISTANCE.—Under the program the
Secretary may provide personnel to conduct the instruction,
education, or training or to furnish advice. In addition or
alternatively, the Secretary may provide financial assist-
ance or in-kind assistance in support of such instruction,
education, or training.
(c) LIMITATIONS
ON ACTIONS
OF UNITED STATES
PERSONNEL.—The Secretary of Defense shall ensure that
no member of the Armed Forces of the United States—
(1) while providing assistance under subsection
(a), engages in the physical detection, lifting, or de-
stroying of landmines unless the member does so for
the concurrent purpose of supporting a United States
military operation; or
(2) provides such assistance as part of a mili-
tary operation that does not involve the Armed Forces
of the United States.
(d) FUNDING.—Of the funds authorized to be appro-
priated in section 301, not more than $10,000,000 shall be
available for a program carried out under subsection (a).
126
HR 4301 EAS
SEC. 355. ASSISTANCE TO RED CROSS FOR EMERGENCY
COMMUNICATIONS SERVICES FOR MEMBERS
OF THE ARMED FORCES AND THEIR FAMI-
LIES.
(a) FISCAL YEAR 1995.—Of the funds authorized to
be appropriated by section 301(5), $14,500,000 shall be
available for obtaining emergency communications services
for members of the Armed Forces and their families from
the American National Red Cross.
(b) FISCAL YEARS 1996 AND 1997.—Of the amounts
authorized to be appropriated for the Department of Defense
for fiscal years 1996 and 1997 for operation and mainte-
nance for Defense-wide activities, $14,500,000 shall be
available for each such fiscal year for obtaining emergency
communications services for members of the Armed Forces
and their families from the American National Red Cross.
SEC. 356. MARITIME PREPOSITIONING SHIP ENHANCE-
MENT.
Section 2218 of title 10, United States Code, is amend-
ed by adding at the end of subsection (f) the following new
paragraph:
‘‘(3) Not more than three vessels built in foreign ship-
yards may be purchased for the Marine Corps maritime
prepositioning ship program with funds in the National
Defense Sealift Fund. Vessels purchased under the authority
127
HR 4301 EAS
of this paragraph may not be counted for purposes of the
limitation in paragraph (1).’’.
SEC. 357. ROLL-ON/ROLL-OFF VESSELS FOR THE READY RE-
SERVE FORCE.
(a) TRANSFER AUTHORIZED.—To the extent provided
in appropriations Acts, in order to provide for purchase
of up to seven roll-on/roll-off vessels for the Ready Reserve
Force of the National Defense Reserve Fleet maintained
under section 11 of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744), the Secretary of Defense may trans-
fer to the Maritime Administration not more than
$43,000,000 out of funds authorized by this Act to be appro-
priated to the Department of Defense for fiscal year 1995,
other than funds for procurement of national defense fea-
tures for vessels.
(b) USE
BY
MARITIME
ADMINISTRATION.—Funds
transferred to the Maritime Administration pursuant to
subsection (a) shall be used only for the purpose set forth
in such subsection.
SEC. 358. PAYMENT OF CERTAIN STIPULATED CIVIL PEN-
ALTIES.
Of the funds authorized to be appropriated by section
301(17), the Secretary of Defense may pay not more than
$500,000 to the Hazardous Substance Superfund estab-
lished under section 9507 of the Internal Revenue Code of
128
HR 4301 EAS
1986 (26 U.S.C. 9507) as payment of stipulated civil pen-
alties assessed under the Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
SEC. 359. SALE OF ARTICLES AND SERVICES OF INDUS-
TRIAL FACILITIES OF THE ARMED FORCES TO
PERSONS OUTSIDE DEPARTMENT OF DE-
FENSE.
(a) AUTHORITY TO SELL OUTSIDE DOD.—The Sec-
retary of Defense may sell in accordance with this section
to persons outside the Department of Defense articles and
services produced in working-capital funded industrial fa-
cilities of the Armed Forces that are not available from any
United States commercial source.
(b) DESIGNATION OF PARTICIPATING INDUSTRIAL FA-
CILITIES.—The Secretary may designate up to three facili-
ties referred to in subsection (a) as the facilities from which
articles and services produced in such facilities may be sold
under this section.
(c) CONDITIONS FOR SALES.—A sale of articles or
services may be made under this section only if—
(1) the Secretary of Defense determines that the
articles or services are not available from a commer-
cial source in the United States;
129
HR 4301 EAS
(2) the purchaser agrees to hold harmless and in-
demnify the United States, except in cases of willful
misconduct or extreme negligence, from any claim for
damages or injury to any person or property arising
out of the articles or services;
(3) the articles or services can be substantially
performed by the industrial facility concerned with
only incidental subcontracting and that performance
is in the public interest;
(4) the Secretary determines that the sale of the
articles or services will not interfere with the military
mission of the industrial facility concerned; and
(5) the sale of the goods and services is made on
the basis that it will not interfere with performance
of work by the industrial facility concerned for the
Department of Defense.
(d) METHODS OF SALE.—(1) The Secretary shall per-
mit a purchaser of articles or services under this section
to use advance incremental funding to pay for the articles
or services.
(2) In the sale of articles and services under this sec-
tion, the Secretary shall—
(A) charge the purchaser, at a minimum, the
variable costs, capital improvement costs, and equip-
130
HR 4301 EAS
ment depreciation costs that are associated with the
articles or services sold;
(B) enter into a firm, fixed-price contract or, if
agreed by the purchaser, a cost reimbursement con-
tract for the sale; and
(C) develop and maintain (from sources other
than appropriated funds) working capital to be avail-
able for paying design costs, planning costs, procure-
ment costs, and other costs associated with the articles
or services sold.
(e) DELEGATION OF AUTHORITY.—The Secretary may
delegate the authority to sell articles and services in accord-
ance with this section to the commander of each industrial
facility designated pursuant to subsection (b) in accordance
with regulations prescribed by the Secretary.
(f) DEPOSIT OF PROCEEDS.—Proceeds from sales of
articles and services under this section shall be credited to
the funds, including working capital funds and operation
and maintenance funds, incurring the costs of performance.
(g) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.—
Nothing in this section shall be construed to affect the appli-
cation 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.
131
HR 4301 EAS
(h) DEFINITIONS.—In this section:
(1) 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 articles
or the performance of the services, as the case
may be; and
(B) subsequent progress payments that re-
sult in full payment being completed as the re-
quired work is being completed.
(2) 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.
132
HR 4301 EAS
SEC. 360. STUDY OF ESTABLISHMENT OF LAND MANAGE-
MENT 
AND 
TRAINING 
CENTER 
AT 
FORT
RILEY, KANSAS.
(a) STUDY.—The Secretary of the Army shall carry
out a study of the feasibility and advisability of establishing
at Fort Riley, Kansas, a center for the land management
activities and land management training activities of the
Department of Defense.
(b) REPORT.—The Secretary shall submit to the con-
gressional defense committees a report on the study required
under subsection (a). The Secretary shall submit the report
not later than May 1, 1996.
SEC. 361. PROCUREMENT OF PORTABLE VENTILATORS FOR
THE DEFENSE MEDICAL FACILITY OFFICE,
FORT DETRICK, MARYLAND.
Of the funds authorized to be appropriated by section
301(5), $2,500,000 shall be available for the procurement
of portable ventilators for the Defense Medical Facility Of-
fice, Fort Detrick, Maryland.
SEC. 362. REVIEW BY DEFENSE INSPECTOR GENERAL OF
COST GROWTH IN CERTAIN CONTRACTS.
(a) REVIEW.—The Inspector General of the Depart-
ment of Defense shall carry out a review of a representative
sample of existing contracts for the performance of commer-
cial activities which resulted from a cost comparison study
conducted by the Department of Defense under Office of
133
HR 4301 EAS
Management and Budget Circular A-76 (or any other suc-
cessor administrative regulation or policy) to determine the
extent to which the cost incurred by a contractor under any
such contract has exceeded the cost of the contract at the
time the contract was entered into.
(b) REPORT.—Not later than April 1, 1995, the In-
spector General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing the results of the review carried out under
subsection (a).
SEC. 363. COST COMPARISON STUDIES FOR CONTRACTS
FOR ADVISORY AND ASSISTANCE SERVICES.
(a) IN GENERAL.—(1) Chapter 141 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2410l. Contracts for advisory and assistance serv-
ices: cost comparison studies
‘‘(a) REQUIREMENT.—(1)(A) Before the Secretary of
Defense enters into a contract described in subparagraph
(B), the Secretary shall determine whether Department of
Defense personnel have the capability to perform the serv-
ices proposed to be covered by the contract.
‘‘(B) Subparagraph (A) applies to any contract of the
Department of Defense for advisory and assistance services
which contract will have a value in excess of $100,000.
134
HR 4301 EAS
‘‘(2) If the Secretary determines that such personnel
have that capability, the Secretary shall conduct a study
comparing the cost of performing the services with Depart-
ment of Defense personnel and the cost of performing the
services with contractor personnel.
‘‘(b) WAIVER.—The Secretary of Defense may, pursu-
ant to guidelines prescribed by the Secretary, waive the re-
quirement under subsection (a)(2) to perform a cost com-
parison study based on factors that are not related to cost.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2410l. Contracts for advisory and assistance services: cost comparison studies.’’.
(b) PROCEDURES FOR CONDUCT OF STUDIES.—The
Secretary of Defense shall prescribe the following proce-
dures:
(1) Procedures for carrying out a cost compari-
son study under subsection (a)(2) of section 2410l of
title 10, United States Code, as added by subsection
(a), which may contain a requirement that the cost
comparison study include consideration of factors
that are not related to cost, including the quality of
the service required to be performed, the availability
of Department of Defense personnel, the duration and
recurring nature of the services to be performed, and
the consistency of the workload.
135
HR 4301 EAS
(2) Procedures for reviewing contracts entered
into after a waiver under subsection (b) of such sec-
tion to determine whether the contract is justified and
sufficiently documented.
(c) EFFECTIVE DATE.—Section 2410l of title 10, Unit-
ed States Code, as added by subsection (a), shall take effect
180 days after the date of the enactment of this Act.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1995, as follows:
(1) The Army, 510,000.
(2) The Navy, 441,641.
(3) The Marine Corps, 174,000.
(4) The Air Force, 400,051.
SEC. 402. EXTENSION OF TEMPORARY VARIATION OF END
STRENGTH LIMITATIONS FOR MARINE CORPS
MAJORS AND LIEUTENANT COLONELS.
(a) EXTENSION OF AUTHORITY.—Subsection (a) of sec-
tion 402 of the National Defense Authorization Act for Fis-
cal Year 1994 (Public Law 103–160; 107 Stat. 1639; 10
U.S.C. 523 note) is amended by striking out ‘‘and 1995’’
and inserting in lieu thereof ‘‘through 1997’’
136
HR 4301 EAS
(b) LIMITATION.—The table in subsection (b) of such
section is amended to read as follows:
‘‘Fiscal year:
Number of officers who may be serv-
ing on active duty in the grade of:
Major
Lieutenant colonel
1994 .......................................................
3,023
1,578
1995 .......................................................
3,157
1,634
1996 .......................................................
3,157
1,634
1997 .......................................................
3,157
1,634.’’.
(c) CLERICAL AMENDMENT.—The caption of subsection
(b) of such section is amended by striking out ‘‘AND 1995.—
’’ and inserting in lieu thereof ‘‘THROUGH 1997.—’’.
SEC. 403. RETENTION OF AUTHORIZED STRENGTH OF GEN-
ERAL OFFICERS ON ACTIVE DUTY IN THE MA-
RINE CORPS FOR FISCAL YEARS AFTER FIS-
CAL YEAR 1995.
Section 526(a)(4) of title 10, United States Code, is
amended by striking out ‘‘before October 1, 1995,’’ and all
that follows through ‘‘that date’’.
SEC. 404. EXCEPTION TO LIMITATION ON NUMBER OF GEN-
ERAL OFFICERS AND FLAG OFFICERS SERV-
ING ON ACTIVE DUTY.
Section 525(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(5)(A) Subject to subparagraph (C), an officer while
serving in a position referred to in subparagraph (B), if
serving in the grade of general or admiral, is in addition
to the number that would otherwise be permitted for that
138
HR 4301 EAS
SEC. 405. TEMPORARY EXCLUSION OF SUPERINTENDENT
OF NAVAL ACADEMY FROM COUNTING TO-
WARD NUMBER OF SENIOR ADMIRALS AU-
THORIZED TO BE ON ACTIVE DUTY.
(a) GRADE RELIEF.—If the next officer appointed to
serve as Superintendent of the United States Naval Acad-
emy after April 1, 1994, is an officer described in subsection
(b), that officer, while so serving, shall not be counted for
purposes of the limitations contained in section 525(b)(2)
of title 10, United States Code.
(b) QUALIFYING OFFICER.—Subsection (a) applies in
the case of a retired officer who—
(1) holds the grade of admiral on the retired list;
(2) is ordered to active duty pursuant to section
688 of title 10, United States Code, to serve as Super-
intendent of the United States Naval Academy; and
(3) is appointed pursuant to section 601 of that
title to have the grade of admiral while serving on ac-
tive duty in that position.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 1995, as follows:
(1) The Army National Guard of the United
States, 400,000.
139
HR 4301 EAS
(2) The Army Reserve, 242,000.
(3) The Naval Reserve, 109,000.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United
States, 115,581.
(6) The Air Force Reserve, 78,706.
(7) The Coast Guard Reserve, 8,000.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may increase the end strength authorized by subsection (a)
by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be reduced proportionately by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
140
HR 4301 EAS
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be increased propor-
tionately by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 1995, the following number of Reserves
to be serving on full-time active duty or, in the case of mem-
bers of the National Guard, full-time National Guard duty
for the purpose of organizing, administering, recruiting, in-
structing, or training the reserve components:
(1) The Army National Guard of the United
States, 23,650.
(2) The Army Reserve, 11,940.
(3) The Naval Reserve, 17,510.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United
States, 9,098.
(6) The Air Force Reserve, 648.
141
HR 4301 EAS
Subtitle C—Military Training
Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) IN GENERAL.—For fiscal year 1995, the Armed
Forces are authorized average military training student
loads as follows:
(1) The Army, 69,420.
(2) The Navy, 43,064.
(3) The Marine Corps, 25,377.
(4) The Air Force, 36,840.
(b) SCOPE.—The average military training student
load authorized for an armed force under subsection (a) ap-
plies to the active and reserve components of that armed
force.
(c) ADJUSTMENTS.—The average military training
student loads authorized in subsection (a) shall be adjusted
consistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the manner
in which such adjustments shall be apportioned.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
142
HR 4301 EAS
1995 a total of $70,790,397,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1995.
Subtitle E—Other Matters
SEC. 441. REPEAL OF REQUIRED REDUCTION IN RECRUIT-
ING PERSONNEL.
Section 431 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2400)
is repealed.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. SERVICE ON SUCCESSIVE SELECTION BOARDS.
(a) SERVICE ON SUCCESSIVE BOARDS AUTHORIZED.—
Section 628 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f)(1) A special selection board convened under this
section shall be composed in accordance with section 612
of this title or, in the case of a warrant officer, composed
in accordance with section 573 of this title and regulations
prescribed by the Secretary of the military department con-
cerned, except that the prohibitions on service on successive
selection boards set forth in sections 612(b) and 573(e) of
143
HR 4301 EAS
this title do not apply to service on successive selection
boards authorized under paragraph (2).
‘‘(2) An officer may serve on a selection board con-
vened under section 611(a) of this title or, in the case of
a warrant officer, section 573(a) of this title and on a suc-
cessive special selection board convened under this section
if the service on the successive board is approved by the
Secretary of the military department concerned and the
successive board does not consider any officer who was con-
sidered by the first board.’’.
(b) CONFORMING AMENDMENT.—Subsections (a)(1)
and (b)(1) of section 628 of such title are amended by strik-
ing out ‘‘(composed in accordance with’’ and all that follows
through ‘‘concerned)’’ and inserting in lieu thereof ‘‘(com-
posed as provided in subsection (f))’’.
SEC. 502. PROMOTION AND OTHER CAREER MANAGEMENT
MATTERS RELATING TO WARRANT OFFICERS
ON ACTIVE-DUTY LISTS.
(a) EXCEPTION FROM MANDATORY CONSIDERATION BY
PROMOTION SELECTION BOARD.—Section 575(d) of such
title is amended by inserting ‘‘(except for warrant officers
precluded from consideration under regulations prescribed
by the Secretary concerned under section 577 of this title)’’
after ‘‘under consideration’’.
145
HR 4301 EAS
SEC. 503. ENLISTMENT OR RETIREMENT OF NAVY AND MA-
RINE CORPS LIMITED DUTY OFFICERS HAV-
ING TWICE FAILED OF SELECTION FOR PRO-
MOTION.
(a) AUTHORITY.—Subsection (f) of section 6383 of title
10, United States Code, is amended to read as follows:
‘‘(f)(1) An officer subject to discharge under subsection
(b), (d), or (e) who is not eligible for retirement or for reten-
tion under paragraph (2) may, upon the officer’s request
and in the discretion of the Secretary of the Navy, be en-
listed in the grade prescribed by the Secretary.
‘‘(2) If an officer subject to discharge under subsection
(b) or (d) is within two years of qualifying for retirement
under section 6323 of this title as of the date on which the
officer is to be discharged, the officer shall be retained on
active duty until becoming qualified for retirement under
that section (unless sooner retired or discharged under an-
other provision of law) and shall then be retired.’’.
(b) CONFORMING AMENDMENTS.—Section 6383 of such
title is amended—
(1) in subsection (i), by striking out ‘‘or the dis-
charge under subsection (d)’’ and inserting in lieu
thereof ‘‘or the discharge under subsection (b) or (d)’’;
(2) by striking out subsection (g);
(3) by redesignating subsections (h), (i), and (j)
as subsections (g), (h), and (i), respectively; and
146
HR 4301 EAS
(4) in subsections (a), (b), and (d), by striking
out ‘‘Except as provided in subsection (i),’’ each place
it appears and inserting in lieu thereof ‘‘Except as
provided in subsection (h),’’.
SEC. 504. EDUCATIONAL REQUIREMENTS FOR APPOINT-
MENT IN RESERVE COMPONENTS IN GRADES
ABOVE FIRST LIEUTENANT OR LIEUTENANT
(JUNIOR GRADE).
Section 596(a) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a) IN GENERAL.—
’’; and
(2) by striking out ‘‘an accredited educational
institution’’ and inserting in lieu thereof ‘‘an edu-
cational institution described in paragraph (2)’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) An educational institution referred to in para-
graph (1) is—
‘‘(A) an accredited educational institution; or
‘‘(B) an unaccredited educational institution if
at least three accredited educational institutions gen-
erally grant baccalaureate degree credit for comple-
tion of courses of the unaccredited institution equiva-
lent to the baccalaureate degree credit granted by the
147
HR 4301 EAS
unaccredited institution for the completion of such
courses.’’.
SEC. 505. LIMITED EXCEPTION FROM BACCALAUREATE DE-
GREE REQUIREMENT FOR ALASKA SCOUT OF-
FICERS.
Section 596 of title 10, United States Code, is amend-
ed—
(1) by adding at the end of subsection (b) the fol-
lowing new paragraph:
‘‘(5) The appointment or recognition of an indi-
vidual referred to in subsection (c) in a higher grade
(not above major) of the Alaska Army National
Guard while such individual is serving in a Scout
unit or a Scout supporting unit.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c) PERSONS COVERED BY ALASKA SCOUT EXCEP-
TION.—Subsection (b)(5) applies to a member of the Alaska
Army National Guard who resides permanently at a loca-
tion in Alaska that is more than 50 miles from the cities
of Anchorage, Fairbanks, and Juneau, Alaska, by paved
road.’’.
148
HR 4301 EAS
SEC. 506. ORIGINAL APPOINTMENTS OF LIMITED DUTY OF-
FICERS OF THE NAVY AND MARINE CORPS
SERVING IN TEMPORARY GRADES.
Section 5589 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
‘‘(f) Original appointments as regular officers of the
Navy or Marine Corps may be made from among officers
serving on active duty in a higher grade pursuant to a tem-
porary appointment in that grade under section 5596 of
this title. The grade in which an officer is appointed under
this subsection shall be the grade in which the officer is serv-
ing pursuant to the temporary appointment. The officer’s
date of rank for the grade of the original appointment shall
be the same as the date of rank for the grade of the tem-
porary appointment.’’.
SEC. 507. SELECTION FOR DESIGNATED JUDGE ADVOCATE
POSITIONS.
(a) To the extent that selection for the positions de-
scribed in subsection (b) is not governed by Chapter 36 of
title 10, United States Code, the Secretary of Defense shall
prescribe regulations to ensure that officers selected to serve
in such positions are selected for such service by boards gov-
149
HR 4301 EAS
erned, insofar as practicable, by the procedures prescribed
for selection boards under Chapter 36 of title 10, United
States Code.
(b) The positions referred to in subsection (a) are—
(1) the Judge Advocate General and Assistant
Judge Advocate General of the Army,
(2) the Judge Advocate General and Deputy
Judge Advocate General of the Navy,
(3) the Staff Judge Advocate to the Commandant
of the Marine Corps, and
(4) the Judge Advocate General and Deputy
Judge Advocate General of the Air Force.
Subtitle B—Reserve Component
Matters
SEC. 511. REVIEW OF OPPORTUNITIES FOR ORDERING INDI-
VIDUAL RESERVES TO ACTIVE DUTY WITH
CONSENT.
(a) REVIEW REQUIRED.—The Secretary of Defense
shall—
(1) review the opportunities for individual mem-
bers of the reserve components of the Armed Forces to
be ordered to active duty, with the consent of the
members concerned, during peacetime in positions
traditionally filled by active duty personnel; and
150
HR 4301 EAS
(2) identify and remove any impediments, in
regulations or other administrative rules, to increas-
ing such opportunities.
(b) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the re-
view. The report shall contain—
(1) a plan for increasing the opportunities for
individual members of the reserve components of the
Armed Forces to be ordered to active duty, with the
consent of the members concerned, during peacetime
in positions traditionally filled by active duty person-
nel; and
(2) any additional legislation that the Secretary
considers necessary in order to increase such opportu-
nities.
SEC. 512. INCREASED PERIOD OF ACTIVE DUTY SERVICE
FOR SELECTED RESERVE FORCES MOBILIZED
OTHER THAN DURING WAR OR NATIONAL
EMERGENCY.
(a) REVISION TO PERIOD OF EXTENSION OF ACTIVE
DUTY.—Section 673b of title 10, United States Code, is
amended—
151
HR 4301 EAS
(1) in subsection (a), by striking out ‘‘90 days.’’
and inserting in lieu thereof ‘‘180 days.’’; and
(2) by striking out subsection (i).
(b) REPORT REQUIRED.—(1) Not later than April 1,
1995, the Secretary of Defense shall submit to the congres-
sional defense committees a report on increasing the author-
ity of the President to order units and members of the re-
serve components to active duty without the consent of the
members concerned.
(2) The report shall include the following:
(A) An analysis of options for increased presi-
dential authority.
(B) An assessment of the effects of each option on
recruiting, retention, employer support for the reserve
components, and the families of members of the re-
serve components.
(C) Programs that the Secretary recommends to
mitigate any negative effects.
(D) Any option that the Secretary recommends.
(E) Any proposed legislation that the Secretary
considers necessary to implement any recommended
option.
152
HR 4301 EAS
SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING
TO TRANSFER OF REGULAR ENLISTED MEM-
BERS TO RESERVE COMPONENTS.
(a) ARMY.—Section 3914 of title 10, United States
Code, is amended by striking out the second and third sen-
tences.
(b) AIR FORCE.—Section 8914 of such title, is amend-
ed by striking out the second and third sentences.
SEC. 514. SENSE OF THE SENATE CONCERNING THE TRAIN-
ING AND MODERNIZATION OF THE RESERVE
COMPONENTS.
(a) FINDINGS.—(1) The force structure specified in the
Pentagon’s Bottom Up Review assumes increased reliance
on the reserve components of the Armed Forces;
(2) The mobilization of the reserve components for the
Persian Gulf War was handicapped by training, readiness,
and equipment shortfalls;
(3) The mobilization of the Army reserve components
for the Persian Gulf War was handicapped by lack of a
standard readiness evaluation system, which resulted in a
lengthy reevaluation of training and equipment readiness
of Army National Guard and Reserve units before they
could by deployed;
(4) Funding and scheduling constraints continue to
limit the opportunity for combat units of the Army Na-
tional Guard to carry out adequate maneuver training;
153
HR 4301 EAS
(5) Funding constraints continue to handicap the
readiness and modernization of the reserve components and
their interoperability with the active forces: Now, therefore
(b) PURPOSE.—It is the sense of the Senate that the
Department of Defense should establish a standard readi-
ness and evaluation system and that it should provide in
its annual budget submissions adequate resources to ensure
that National Guard and reserve units are trained and
modernized to the standards needed for them to carry out
the full range of missions required of them under the Bottom
Up Review.
Subtitle C—Other Matters
SEC. 521. REVIEW OF CERTAIN DISMISSALS FROM THE
UNITED STATES MILITARY ACADEMY.
(a) REVIEW REQUIRED.—The Secretary of the Army
shall promptly carry out a thorough review of the dismissals
from the Corps of Cadets of the United States Military
Academy of James Webster Smith in 1874 and Johnson
Chesnut Whittaker in 1882.
(b) PURPOSES OF REVIEW.—The purpose of each re-
view shall be to determine the validity of the original pro-
ceedings and the extent, if any, to which racial prejudice
or other improper factors now known may have tainted the
original proceedings.
154
HR 4301 EAS
(c) CORRECTION OF RECORDS.—If the Secretary deter-
mines that the dismissal of James Webster Smith or John-
son Chesnut Whittaker was in error or an injustice, the Sec-
retary may correct that person’s military records (includ-
ing the records of proceedings in such case).
(d) POSTHUMOUS COMMISSION.—Upon recommenda-
tion of the Secretary in the case of James Webster Smith
or Johnson Chesnut Whittaker, the President may issue in
the name of James Webster Smith or Johnson Chesnut
Whittaker, as the case may be, a posthumous commission
as an officer in the regular Army in the grade of second
lieutenant. Sections 1521(b) and 1523 of title 10, United
States Code, shall apply with respect to a commission so
issued.
SEC. 522. TRANSITIONAL COMPENSATION AND OTHER BEN-
EFITS FOR DEPENDENTS OF MEMBERS SEPA-
RATED FOR DEPENDENT ABUSE.
(a) REQUIREMENT.—Subsection (a) of section 1058 of
title 10, United States Code, as added by section 554(a)(1)
of Public Law 103–160 (197 Stat. 1663), is amended by
amending subsection (e) to read as follows:
‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—
(1) Payment of transitional compensation under this sec-
tion—
155
HR 4301 EAS
‘‘(A) in the case of a member convicted by a
court-martial for a dependent-abuse offense, may com-
mence as of the date of the approval of the court-mar-
tial sentence by the person acting under section
860(c) of this title (article 60(c) of the Uniform Code
of Military Justice) if the sentence, as approved, in-
cludes a dismissal, dishonorable discharge, bad con-
duct discharge, or forfeiture of all pay and allow-
ances; and
‘‘(B) in the case of a member being considered
under applicable regulations for administrative sepa-
ration from active duty in accordance with such regu-
lations (if the basis for the separation includes a de-
pendent-abuse offense), may commence as of the date
on which the separation action is initiated by a com-
mander of the member pursuant to such regulations,
as determined by the Secretary concerned.
‘‘(2) Transitional compensation with respect to a
member may be paid for a period of 36 months, except that,
if as of the date on which payment of transitional com-
pensation commences the unserved portion of the member’s
period of obligated active duty service is less than 36
months, the period for which transitional compensation is
paid shall be equal to the greater of—
156
HR 4301 EAS
‘‘(A) the unserved portion of the member’s period
of obligated active duty service; or
‘‘(B) 12 months.
‘‘(3)(A) If a member is sentenced by a court-martial
to receive punishment that includes a dismissal, dishonor-
able discharge, bad conduct discharge, or forfeiture of all
pay and allowances as a result of a conviction by a court-
martial for a dependent-abuse offense and each such punish-
ment applicable to the member under the sentence is remit-
ted, set aside, or mitigated to a lesser punishment that does
not include any such punishment, any payment of transi-
tional compensation that has commenced under this section
on the basis of such sentence in that case shall cease.
‘‘(B) If administrative separation of a member from
active duty is proposed on a basis that includes a depend-
ent-abuse offense and the proposed administrative separa-
tion is disapproved by competent authority under applica-
ble regulations, payment of transitional compensation in
such case shall cease.
‘‘(C) Cessation of payments under subparagraph (A)
or (B) shall be effective as of the first day of the first month
following the month in which the Secretary concerned noti-
fies the recipient of such transitional compensation in writ-
ing that payment of the transitional compensation will
cease. The recipient may not be required to repay amounts
157
HR 4301 EAS
of transitional compensation received before that effective
date (except to the extent necessary to recoup any amount
that was erroneous when paid).’’.
(c) HEALTH, COMMISSARY, AND OTHER BENEFITS.—
Such section is further amended—
(1) by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively; and
(2) by inserting after subsection (i) the following
new subsection (j):
‘‘(j) HEALTH, COMMISSARY, AND OTHER BENEFITS.—
(1) A dependent or former dependent entitled to payment
of monthly transitional compensation under this section
shall, while receiving payments in accordance with this sec-
tion, be entitled to receive medical and dental care, to use
commissary and exchange stores, and to receive any other
benefit that a dependent of a member of the armed forces
is entitled to receive on the basis of being a dependent of
a member of the armed forces to the same extent and in
the same manner as a dependent of a member of the armed
forces on active duty for a period of not more than 30 days.
‘‘(2) If a dependent or former dependent eligible or en-
titled to receive a particular benefit under this subsection
is eligible or entitled to receive that benefit under another
provision of law, the eligibility or entitlement of that de-
pendent or former dependent to such benefit shall be deter-
158
HR 4301 EAS
mined under such other provision of law instead of this sub-
section.’’.
(c) CONFORMING AMENDMENTS.—(1) The heading for
such section is amended to read as follows:
‘‘§ 1058. Dependents of members separated for depend-
ent abuse: transitional compensation and
other benefits’’.
(2) The table of sections at the beginning of chapter
53 of such title is amended by striking out the item relating
to section 1058 (as added by section 554(a)(2) of Public
Law 103–160 (107 Stat. 1066)) and inserting in lieu there-
of the following:
‘‘1058. Dependents of members separated for dependent abuse: transitional com-
pensation and other benefits.’’.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any
adjustment required by section 1009 of title 37, United
States Code, in elements of compensation of members of the
uniformed services to become effective during fiscal year
1995 shall not be made.
(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effec-
tive on January 1, 1995, the rates of basic pay, basic allow-
ance for subsistence, and basic allowance for quarters of
159
HR 4301 EAS
members of the uniformed services are increased by 2.6 per-
cent.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE
FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(c) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(d) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1995’’ and
inserting in lieu thereof ‘‘September 30, 1996’’.
(e) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(i) of title 37, United States Code, is amended by strik-
160
HR 4301 EAS
ing out ‘‘September 30, 1995’’ and inserting in lieu thereof
‘‘September 30, 1996’’.
SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BO-
NUSES AND SPECIAL PAY FOR NURSE OFFI-
CER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking out ‘‘September 30, 1995,’’ and in-
serting in lieu thereof ‘‘September 30, 1998,’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1995,’’ and insert-
ing in lieu thereof ‘‘September 30, 1998,’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended—
(1) by striking out ‘‘September 30, 1995,’’ and
inserting in lieu thereof ‘‘September 30, 1998,’’; and
(2) by striking out ‘‘$6,000’’ and inserting in
lieu thereof ‘‘$15,000’’.
161
HR 4301 EAS
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1994’’ and inserting in lieu thereof
‘‘September 30, 1995’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—
Sections 308a(c) and 308f(c) of title 37, United States Code,
are each amended by striking out ‘‘September 30, 1995’’
and inserting in lieu thereof ‘‘September 30, 1996’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE
SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR-
ITY UNITS.—Section 308d(c) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1995’’ and
inserting in lieu thereof ‘‘September 30, 1996’’.
(e) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 2172(d) of title 10, United States Code,
is amended by striking out ‘‘October 1, 1995’’ and inserting
in lieu thereof ‘‘October 1, 1996’’.
162
HR 4301 EAS
(f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME
HEALTH SPECIALISTS IN THE SELECTED RESERVES.—Sec-
tion 613(d) of the National Defense Authorization Act, Fis-
cal Year 1989 (37 U.S.C. 302 note) is amended by striking
out ‘‘September 30, 1995’’ and inserting in lieu thereof
‘‘September 30, 1996’’.
(g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of title 37, United States Code, is amended by striking out
‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1996’’.
(h) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1995,’’ and inserting in lieu thereof
‘‘September 30, 1996,’’.
(i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of title 37, United States Code, is amended
by striking out ‘‘October 1, 1995’’ and inserting in lieu
thereof ‘‘October 1, 1996’’.
163
HR 4301 EAS
Subtitle C—Travel and
Transportation Allowances
SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANS-
PORTATION MILEAGE TABLES.
Section 404(d)(1)(A) of title 37, United States Code,
is amended by striking out ‘‘the Secretary of the Army’’
and inserting in lieu thereof ‘‘the Secretary of Defense’’.
Subtitle D—Retired Pay and
Survivor Benefits
SEC. 631. CLARIFICATION OF CALCULATION OF RETIRED
PAY FOR OFFICERS WHO RETIRE IN A GRADE
LOWER THAN THE GRADE HELD AT RETIRE-
MENT.
(a) PREVENTION OF RETIRED PAY BASED ON GRADE
HIGHER THAN RETIRED GRADE.—Section 1401a(f) of title
10, United States Code, is amended—
(1) in the first sentence, by inserting ‘‘based on
the grade in which the member is retired’’ after ‘‘at
an earlier date’’;
(2) in the second sentence, by inserting ‘‘, except
that such computation may not be based on a rate of
basic pay for a grade higher than the grade in which
the member is retired’’ before the period at the end;
and
(3) by striking out the third sentence.
164
HR 4301 EAS
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to the computation of
the retired pay of a member of the armed forces who retires
on or after the date of the enactment of this Act.
SEC. 632. CREDITING OF RESERVE SERVICE OF ENLISTED
MEMBERS FOR COMPUTATION OF RETIRED
PAY.
(a) ARMY.—(1) Section 3925 of title 10, United States
Code, is amended—
(A) in subsection (a), by striking out ‘‘and of
computing his retired pay under section 3991 of this
title,’’; and
(B) by striking out subsection (c).
(2) Section 3991 of such title is amended—
(A) in subsection (a)—
(i) by striking out paragraph (1) and in-
serting in lieu thereof the following:
‘‘(1) FORMULA.—The monthly retired pay of a
member entitled to such pay under this subtitle by
reason of retirement under a provision of law referred
to in paragraph (3) is computed by multiplying the
retired pay base (as computed under section 1406(c)
or 1407 of this title) by the retired pay multiplier
prescribed in section 1409 of this title for the number
165
HR 4301 EAS
of years credited to the member under section 1405 of
this title.’’; and
(ii) by adding at the end the following new
paragraph:
‘‘(3) APPLICABILITY.—Paragraph (1) applies to
a member retired under the authority of section 3911,
3914, 3917, 3918, 3920, or 3924 of this title.’’; and
(B) in subsection (b), by striking out paragraph
(3).
(3) The text of section 3992 of such title is amended
to read as follows:
‘‘(a) RECOMPUTATION REQUIRED.—An enlisted mem-
ber or warrant officer of the Army who is advanced on the
retired list under section 3964 of this title is entitled to
recompute the member’s or officer’s retired pay in accord-
ance with this section.
‘‘(b) FORMULA.—To recompute an enlisted member’s
retired pay or a warrant officer’s retired pay, multiply the
retired pay base (as computed under section 1406(c) or
1407 of this title) by the retired pay multiplier prescribed
in section 1409 of this title for the number of years credited
to the member or officer under section 1405 of this title.
‘‘(c) ROUNDING
TO NEXT LOWER DOLLAR.—The
amount computed under subsection (b), if not a multiple
of $1, shall be rounded to the next lower multiple of $1.’’.
166
HR 4301 EAS
(b) NAVY AND MARINE CORPS.—The table in section
6333(a) of title 10, United States Code, is amended by strik-
ing out ‘‘his years of active service in the armed forces’’
in formula C under the column designated ‘‘Column 2’’ and
inserting in lieu thereof ‘‘the years of service credited to
him under section 1405’’.
(c) AIR FORCE.—(1) Section 8925 of title 10, United
States Code, is amended—
(A) in subsection (a), by striking out ‘‘and of
computing his retired pay under section 8991 of this
title,’’; and
(B) by striking out subsection (c).
(2) Section 8991 of such title is amended—
(A) in subsection (a)—
(i) by striking out paragraph (1) and in-
serting in lieu thereof the following:
‘‘(1) FORMULA.—The monthly retired pay of a
member entitled to such pay under this subtitle by
reason of retirement under a provision of law referred
to in paragraph (3) is computed by multiplying the
retired pay base (as computed under section 1406(e)
or 1407 of this title) by the retired pay multiplier
prescribed in section 1409 of this title for the number
of years credited to the member under section 1405 of
this title.’’; and