103D CONGRESS
1ST SESSION
H. R. 2401
AN ACT
To authorize appropriations for fiscal year 1994 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense
Authorization Act for Fiscal Year 1994’’.
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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 Au-
thorizations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Reserve components.
Sec. 108. Chemical demilitarization program.
Sec. 109. National Shipbuilding Initiative.
Sec. 110. Denial of multiyear procurement authorization.
Subtitle B—Army Programs
Sec. 111. Procurement of helicopters.
Sec. 112. TOW missile program.
Subtitle C—Navy Programs
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Sec. 121. DDG–51 destroyer and fast sealift programs.
Sec. 122. Attack submarine programs.
Sec. 123. Long-term lease authority for certain vessels.
Sec. 124. Long-term lease authority for certain roll-on/roll-off vessels.
Subtitle D—Air Force Programs (Nonstrategic)
Sec. 131. Intertheater airlift program.
Sec. 132. RC–135 aircraft program.
Sec. 133. Use of F–16 aircraft advance procurement funds for program termi-
nation costs.
Sec. 134. C–17 aircraft program.
Subtitle E—Strategic Programs
Sec. 151. B–2 bomber aircraft program.
Sec. 152. B–1 bomber aircraft program.
Sec. 153. Trident II (D–5) missile procurement.
Sec. 154. Study of Trident missile submarine program.
Subtitle F—Other Matters
Sec. 171. Chemical munitions disposal facilities, Tooele Army Depot, Utah.
Sec. 172. Authority to convey Los Alamos dry dock.
Sec. 173. Sales authority of certain working-capital funded industrial facilities
of the Army.
Sec. 174. Conveyance of observation aircraft.
Sec. 175. Chemical demilitarization program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorizations
Sec. 201. Authorization of appropriations.
Sec. 202. Manufacturing technology development.
Sec. 203. Reentry vehicle industrial base.
Sec. 204. Reallocation of certain R&D funds.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Demonstration program for ballistic missile post-launch destruct
mechanism.
Sec. 212. Funding for certain tactical intelligence programs.
Sec. 213. Federally funded research and development centers.
Sec. 214. High Performance Computer Modernization Program.
Sec. 215. High Performance Computing and Communication Initiative.
Sec. 216. Superconducting Magnetic Energy Storage (SMES) program.
Sec. 217. Single Stage Rocket Technology.
Sec. 218. Advanced anti-radiation guided missile.
Sec. 219. DP–2 Vectored Thrust Technology Demonstration Project.
Sec. 220. Advanced Self Protection Jammer (ASPJ) Program.
Sec. 221. Electronic combat systems testing.
Sec. 222. Limitation on Department of Defense missile launches for test pur-
poses.
Sec. 223. B–1 bomber aircraft program.
Subtitle C—Missile Defense Programs
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Sec. 231. Funding for fiscal year 1994.
Sec. 232. Report on allocation of funds.
Sec. 233. Transfer authorities for ballistic missile defense.
Sec. 234. Revisions to Missile Defense Act of 1991.
Sec. 235. Patriot Advanced Capability–3 theater missile defense system.
Sec. 236. Development and testing of anti-ballistic missile systems or compo-
nents to be carried out in accordance with traditional interpre-
tation of Anti-Ballistic Missile Treaty.
Sec. 237. Theater missile defense road map.
Sec. 238. Additional BMD programs.
Sec. 239. Report on national missile defense cost.
Sec. 240. Theater missile defense interceptor testing.
Sec. 241. Arrow Tactical Anti-Missile program.
Sec. 242. Extension of prohibition on testing Mid-Infrared Advanced Chemical
Laser against an object in space.
Sec. 243. Technical amendments to reflect redesignation of Strategic Defense
Initiative Organization.
Sec. 244. Clementine satellite program.
Sec. 245. Tactical and theater missile defenses.
Subtitle D—Women’s Health Research
Sec. 251. Defense Women’s Health Research Center.
Sec. 252. Continuation of army breast cancer research program.
Sec. 253. Inclusion of women and minorities in clinical research projects.
Sec. 254. Report on research relating to female members of the uniformed serv-
ices and female covered beneficiaries.
Subtitle E—Other Matters
Sec. 261. Repeal of requirement for study by Office of Technology Assessment.
Sec. 262. Comprehensive independent study of national cryptography policy.
Sec. 263. Review of assignment of defense research and development categories.
Sec. 264. One-year delay in transfer of management responsibility for Navy
mine countermeasures program.
Sec. 265. Strategic Environmental Research and Development Program.
Sec. 266. Authorized use for facility constructed with prior defense grant funds.
Sec. 267. Grant to support establishment of research facility to study low-level
chemical sensitivities.
Sec. 268. Lyme disease program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Fund.
Subtitle B—Limitations
Sec. 311. Notification requirement prior to transfer of certain funds.
Sec. 312. Extension of limitation on the use of certain funds for Pentagon Res-
ervation.
Sec. 313. Prohibition on operation of the Naval Air Station, Bermuda.
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Sec. 314. Limitation on the use of appropriated funds for Department of De-
fense golf courses.
Sec. 315. Codification of prohibition on the use of certain cost comparison stud-
ies.
Sec. 316. Location of certain prepositioning facilities.
Sec. 317. Use of funds for Navy depot backlog.
Sec. 318. Limitation on use of funds for Trident submarine force.
Sec. 319. Limitation on obligation of funds in connection with upgrades or re-
pairs at the Army Reserve Facility in Marcus Hook, Penn-
sylvania.
Sec. 320. Prohibition on contracts with the Bahrain Ship Repairing and Engi-
neering Company for ship repair.
Sec. 321. Limitation on chartering of vessels on which reflagging or conversion
work has been performed in a foreign shipyard.
Sec. 322. One-year prohibition on reduction of force structure for reserve com-
ponent special operations forces.
Sec. 323. Prohibition on joint use of Selfridge Air National Guard Base, Michi-
gan, with civil aviation.
Sec. 324. Limitation on use of Government facilities for certain master ship re-
pair agreements.
Subtitle C—Defense-Wide Funds
Sec. 331. Prohibition on use of Defense Business Operations Fund.
Sec. 332. Classification of certain competitive and noncompetitive activities of
the Department of Defense; Noncompetitive Rates Board.
Sec. 333. Competitive and Regulated Business Operations Funds.
Sec. 334. Extension of limitation on obligation against Defense Business Oper-
ations Fund.
Subtitle D—Depot-Level Activities
Sec. 341. Department of Defense depot task force.
Sec. 342. Retention of depot-level maintenance workload management by the
military departments.
Sec. 343. Continuation of certain percentage limitations on the performance of
depot-level maintenance.
Sec. 344. Prohibition on performance of certain depot-level work by foreign
contractors.
Sec. 345. Modification of limitation on the performance of depot-level mainte-
nance of materiel.
Sec. 346. Clarification of limitation on the performance of depot-level mainte-
nance of materiel for new weapon systems.
Sec. 347. Authority to waive certain claims of the United States.
Subtitle E—Commissaries and Military Exchanges
Sec. 351. Expansion and clarification of commissary and exchange benefits.
Sec. 352. Prohibition on operation of commissary stores by active duty mem-
bers of the Armed Forces.
Sec. 353. Modernization of automated data processing capability of the Defense
Commissary Agency.
Sec. 354. Operation of Stars and Stripes bookstores by the military exchanges.
Sec. 355. Availability of funds for Nexcom relocation expenses.
Subtitle F—Other Matters
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Sec. 361. Emergency and extraordinary expense authority for the Inspector
General of the Department of Defense.
Sec. 362. Authority for civilian Army employees to act on reports of survey.
Sec. 363. Extension of guidelines for reductions in civilian positions.
Sec. 364. Authority to extend mailing privileges.
Sec. 365. Extension and modification of pilot program to use National Guard
personnel in medically underserved communities.
Sec. 366. Amendments to the Armed Forces Retirement Home Act of 1991.
Sec. 367. Required payment date under Prompt Payment Act for procurement
of baked goods.
Sec. 368. Provision of facilities and services of the Department of Defense to
certain educational entities.
Sec. 369. Modification of restriction on repair of certain vessels the homeport
of which is planned for reassignment.
Sec. 370. Escorts and flags for civilian employees who die while serving in an
armed conflict with the Armed Forces.
Sec. 371. Maintenance of Pacific battle monuments.
Sec. 372. Exclusive use of aircraft carrier for full-time training.
Sec. 373. Report on certain educational arrangements for children residing on
military installations in the United States.
Sec. 374. One-year extension of certain programs.
Sec. 375. Ships’ stores.
Subtitle G—Environmental Provisions
Sec. 381. Modification of annual report on environmental restoration and com-
pliance by the Department of Defense. –
Sec. 382. Indemnification of transferees of closing defense property.
Sec. 383. Annual report on reimbursement of contractor environmental re-
sponse costs for other than response action contractors.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the reserves.
Sec. 413. Increase in number of members in certain grades authorized to be on
active duty in support of the reserves.
Sec. 414. Force structure allowance for Army National Guard.
Sec. 415. Personnel level for Navy Craft of Opportunity (COOP) Program.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Sec. 422. Student loads at war colleges and at command and general staff col-
leges.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
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Subtitle A—Active Components
Sec. 501. Years of service for eligibility for separation pay for regular officers
involuntarily discharged.
Sec. 502. Extension of eligibility for voluntary separation incentive and special
separation benefits programs.
Sec. 503. Eligibility for involuntary separation benefits.
Sec. 504. Two-year extension of authority for temporary promotion of certain
Navy lieutenants.
Sec. 505. Officers ineligible for consideration by early retirement boards.
Sec. 506. Remedy for ineffective counseling of officers discharged following se-
lection by early discharge boards.
Subtitle B—Reserve Components
Sec. 511. Expansion of Selected Reserve call-up period from 90 days to 180
days.
Sec. 512. Number of full-time reserve personnel who may be assigned to ROTC
duty.
Sec. 513. Repeal of mandated reduction in Army Reserve component full-time
manning end strength.
Sec. 514. Two-year extension of certain Reserve Officer Management Pro-
grams.
Sec. 515. Cadre divisions.
Sec. 516. Test program for Reserve Combat Maneuver Unit integration.
Sec. 517. Revisions to pilot program for active component support of the re-
serves.
Sec. 518. Revision of certain deadlines under Army Guard combat reform ini-
tiative.
Sec. 519. Annual report on implementation of Army National Guard reform ini-
tiative.
Sec. 520. FFRDC study of State and Federal missions of the National Guard.
Sec. 521. Educational assistance for graduate programs for members of the Se-
lected Reserve.
Sec. 522. Transition benefits for Coast Guard Reserve.
Subtitle C—Warrant Officers
Sec. 531. Authorization for involuntary separation of certain regular warrant
officers.
Sec. 532. Determination of service for warrant officer retirement sanctuary.
Subtitle D—Women in the Service
Sec. 541. Repeal of the statutory restriction on the assignment of women in the
Navy and Marine Corps.
Sec. 542. Gender-neutral occupational performance standards.
Sec. 543. Notice to Congress of changes to ground combat exclusion policy.
Subtitle E—Victims’ Rights and Family Advocacy
Sec. 551. Mandatory arrests by military law enforcement officials when called
to scenes of domestic violence.
Sec. 552. Improved procedures for notification of victims and witnesses of sta-
tus of prisoners in military correctional facilities.
Sec. 553. Study of stalking by persons subject to UCMJ.
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Sec. 554. Transitional compensation for dependents of members of the armed
forces discharged for dependent abuse.
Subtitle F—Matters Relating to Military Justice
Sec. 561. Improved right of appeal in court-martial cases.
Sec. 562. Clarification of punitive UCMJ article regarding drunken driving.
Subtitle G—Other Matters
Sec. 571. Change in timing of required drug and alcohol testing and evaluation
of applicants for appointment as cadet or midshipman and for
ROTC graduates.
Sec. 572. Reimbursement requirements for advanced education assistance.
Sec. 573. Recognition of powers of attorney notarized by defense notary public.
Sec. 574. Policy concerning homosexuality in the Armed Forces.
Sec. 575. Foreign language proficiency test program.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1994.
Sec. 602. Variable housing allowance for certain members who are required to
pay child support and who are assigned to sea duty.
Sec. 603. Pay for students at service academy preparatory schools.
Sec. 604. Advance payments in connection with the evacuation of members and
dependents of members from designated places.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Permanent authority for certain bonuses and special pay for nurse of-
ficer candidates, registered nurses and nurse anesthetists.
Sec. 612. Extension and modification of certain Selected Reserve bonuses.
Sec. 613. Extensions of authorities relating to payment of other bonuses and
special pays.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Authorization of payment or collection due to fluctuations of foreign
currency incurred by certain military members.
Subtitle D—Other Matters
Sec. 631. Definition of dependent for purposes of allowances to include certain
unmarried persons in the legal custody of a member or former
member.
Sec. 632. Clarification of eligibility for tuition assistance.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Primary and preventive health-care services for women.
Sec. 702. Definition of dependent for purposes of medical and dental coverage
to include certain unmarried persons in the legal custody of a
member or former member.
Subtitle B—Health Care Management
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Sec. 711. Extension and revision of specialized treatment services program.
Sec. 712. Codification of CHAMPUS Peer Review Organization program proce-
dures.
Sec. 713. Federal preemption regarding contracts for medical and dental care.
Sec. 714. Delay of termination effective date for Uniformed Services Treatment
Facilities.
Sec. 715. Managed-care delivery and reimbursement model for the Uniformed
Services Treatment Facilities.
Sec. 716. Clarification of conditions on expansion of CHAMPUS reform initia-
tive to other locations.
Sec. 717. Increased flexibility for personal service contracts in military medical
treatment facilities.
Sec. 718. Expansion of the program for the collection of health care costs from
third-party payers.
Sec. 719. Alternative resource allocation method for medical facilities of the
uniformed services.
Sec. 720. Use of health maintenance organization model as option for military
health care.
Sec. 721. Authorization for automated medical record capability to be included
in medical information system.
Subtitle C—Other Matters
Sec. 731. Award of constructive service credit for advanced health professional
degrees.
Sec. 732. Clarification of authority for graduate student program of the Uni-
formed Services University of the Health Sciences.
Sec. 733. Authority for the Armed Forces Institute of Pathology to obtain addi-
tional distinguished pathologists and scientists.
Sec. 734. Report on the provision of health-care services to women.
Sec. 735. Sense of Congress regarding the inclusion of chiropractic care as a
type of health care authorized under CHAMPUS.
Sec. 736. Report regarding demonstration programs for the sale of pharma-
ceuticals.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Assistance Programs
Sec. 801. Defense Procurement Technical Assistance Program.
Sec. 802. Historically Black colleges and universities.
Subtitle B—Provisions to Streamline Defense Acquisition Laws
Sec. 811. Repeal and amendment of obsolete, redundant, or otherwise unneces-
sary laws applicable to Department of Defense generally.
Sec. 812. Extension to Department of Defense generally of certain acquisition
laws applicable to the Army and Air Force.
Sec. 813. Repeal and amendment of certain acquisition laws applicable to the
Army and Air Force.
Sec. 814. Consolidation, repeal, and amendment of certain acquisition laws ap-
plicable to the Navy.
Sec. 815. Additional authority to contract for fuel storage and management.
Sec. 816. Additional authority relating to the acquisition of petroleum.
Sec. 817. Simplified acquisition threshold.
Sec. 818. Procurement of commercial and nondevelopmental items.
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Sec. 819. Technical and clerical amendments.
Subtitle C—Other Matters
Sec. 821. Reports on contract bundling.
Sec. 822. Prohibition on competition between depot maintenance activities and
small businesses for certain maintenance contracts.
Sec. 823. Clarification of requirement for domestic manufacture of propellers
for ships funded under the Fast Sealift Program.
Sec. 824. Pilot program to improve pricing policies for use of major range and
test facility installations of the Air Force.
Sec. 825. Compliance with Buy American Act.
Sec. 826. Sense of Congress; requirement regarding notice.
Sec. 827. Prohibition of contracts.
Sec. 828. Reciprocity.
Sec. 829. Clarification of exclusion of military architectural and engineering
contracts under Small Business Competitiveness Demonstra-
tion program.
Sec. 830. Authority to dispose of equipment whose operation and support costs
exceed costs of procuring replacement equipment.
Sec. 831. Reports by defense contractors of dealings with terrorist countries.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense
Sec. 901. Enhanced position for Comptroller of Department of Defense.
Sec. 902. New position of Under Secretary of Defense for Personnel and Readi-
ness.
Sec. 903. Redesignation of positions of Under Secretary and Deputy Under
Secretary of Defense for Acquisition.
Sec. 904. Further conforming amendments to chapter 4 of title 10, United
States Code.
Sec. 905. Director of Operational Test and Evaluation.
Subtitle B—Reserve Commands
Sec. 921. Army Reserve Command.
Sec. 922. Naval Reserve Command.
Sec. 923. Marine Corps Reserve Command.
Sec. 924. Air Force Reserve Command.
Subtitle C—Professional Military Education
Sec. 931. Authority for award by National Defense University of certain master
of science degrees.
Sec. 932. Redesignation of Armed Forces Staff College.
Sec. 933. Location for new Joint Warfighting Center.
Sec. 934. Authority to employ civilian faculty members at George C. Marshall
European Center for Security Studies.
Subtitle D—Other Matters
Sec. 941. Assignment of reserve forces.
Sec. 942. Moratorium on merger of Space Command and Strategic Command.
Sec. 943. Security clearances for civilian employees.
Sec. 944. Program for videotaping of investigative interviews.
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Sec. 945. Flexibility in administering requirement for annual four percent re-
duction in number of personnel assigned to headquarters and
headquarters support activities.
Sec. 946. Enhanced flexibility relating to requirements for service in a joint
duty assignment.
Sec. 947. Flexibility for required post-education joint duty assignment.
Sec. 948. Report on options for organizational structure for imagery collection
functions.
Sec. 949. Report on Department of Defense Bottom Up Review.
Sec. 950. Reinvestigation by Defense Inspector General of certain cases of
death of members of the Armed Forces by self-inflicted
wounds.
Sec. 951. Prohibition of transfer of Naval Academy Preparatory School.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Defense cooperation account.
Sec. 1005. Humanitarian and civic assistance.
Sec. 1006. Limitation on transferring defense funds to other departments and
agencies.
Sec. 1007. Sense of Congress concerning defense budget process.
Sec. 1008. Funding structure for contingency operations.
Sec. 1009. Increase in amount for CINC Initiative Fund.
Sec. 1010. Report on humanitarian assistance activities.
Subtitle B—Counter-Drug Activities
Sec. 1021. Department of Defense support for counter-drug activities of other
agencies.
Sec. 1022. Report on defense counter-drug program.
Sec. 1023. Requirement to establish procedures for State and local governments
to buy law enforcement equipment in conjunction with Depart-
ment of Defense.
Subtitle C—Other Matters
Sec. 1031. Procedures for handling war booty.
Sec. 1032. Award of purple heart to members killed or wounded in action by
friendly fire.
Sec. 1033. Award of gold star lapel buttons to survivors of service members
killed by terrorist acts.
Sec. 1034. Extension of authority for certain foreign governments to receive ex-
cess defense articles.
Sec. 1035. Codification of provision relating to Overseas Workload Program.
Sec. 1036. Modification of authority to conduct National Guard Civilian Youth
Opportunities Program.
Sec. 1037. Sense of Congress concerning meeting of interallied confederation of
reserve officers.
Sec. 1038. Semiannual report on efforts to seek compensation from Govern-
ment of Peru for death and wounding of certain United States
servicemen.
Sec. 1039. Basing for C–130 aircraft.
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Sec. 1040. Memorial to U.S.S. Indianapolis.
Sec. 1041. Congressional notification when United States forces are placed
under operational control of a foreign nation.
Sec. 1042. Identification of service in Vietnam in the computerized index of the
National Personnel Records Center.
Sec. 1043. Sharing defense burdens and responsibilities.
Sec. 1044. Burdensharing contributions from designated countries and regional
organizations.
Sec. 1045. Modification of certain report requirements.
Sec. 1046. Redesignation of Hanford Arid Lands Ecology Reserve.
Sec. 1047. Sense of Congress regarding United States policy on plutonium.
Sec. 1048. North Korea and the Treaty on the Non-Proliferation of Nuclear
Weapons.
Sec. 1049. Aviation Leadership Program.
Sec. 1050. Public purpose extensions.
Sec. 1051. Involvement of armed forces in Somalia.
Sec. 1052. Nuclear nonproliferation.
Sec. 1053. Sense of Congress relating to the proliferation of space launch vehi-
cle technologies.
Sec. 1054. Limitation on use of funds for certain plutonium storage by Russia.
Sec. 1055. Counterproliferation.
Sec. 1056. Report requirement.
TITLE XI—CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE
Sec. 1101. Designation of Army as executive agent for chemical and biological
warfare defense programs.
Sec. 1102. Requirement for single oversight office for chemical-biological de-
fense programs within the Office of the Secretary of Defense.
Sec. 1103. Consolidation of chemical and biological defense training activities.
Sec. 1104. Annual report on chemical and biological warfare defense.
Sec. 1105. Preparations for implementation of the Chemical Weapons Conven-
tion.
Sec. 1106. Sense of Congress concerning response to terrorist threats.
Sec. 1107. Sense of Congress concerning other chemical and biological defense
matters.
Sec. 1108. International cooperation program.
Sec. 1109. Agreements to provide support to vaccination programs of Depart-
ment of Health and Human Services.
TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF
FORMER SOVIET UNION
Sec. 1201. Short title.
Sec. 1202. Findings on cooperative threat reduction.
Sec. 1203. Authority for programs to facilitate cooperative threat reduction.
Sec. 1204. Funding for fiscal year 1994.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Authorization for additional fiscal year 1993 assistance to the inde-
pendent states of the former Soviet Union.
Sec. 1207. Semiannual report.
Sec. 1208. Definition.
TITLE XIII—DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE
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Sec. 1301. Short title.
Sec. 1302. Funding of defense conversion, reinvestment, and transition assist-
ance programs for fiscal year 1994.
Sec. 1303. Annual report on defense conversion, reinvestment, and transition
assistance programs.
Sec. 1304. Dissemination of list of conversion, reinvestment, and transition pro-
grams.
Subtitle A—Defense Technology Reinvestment Projects
Sec. 1311. Funding of defense technology reinvestment projects for fiscal year
1994.
Sec. 1312. Repeal and amendment of certain provisions relating to defense
technology and industrial base, reinvestment, and conversion.
Sec. 1313. Expansion of objectives of defense technology reinvestment projects.
Sec. 1314. Defense technology reinvestment projects for fiscal year 1994.
Sec. 1315. Expansion of purposes of defense advanced manufacturing tech-
nology partnerships.
Sec. 1316. Defense dual-use assistance extension program.
Sec. 1317. Consistency in financial commitment requirements of non-Federal
government participants in technology reinvestment projects.
Sec. 1318. Additional criteria for the selection of regional technology alliances.
Subtitle B—Community Adjustment and Assistance Programs
Sec. 1321. Adjustment and diversification assistance for States and local gov-
ernments from the Office of Economic Adjustment.
Sec. 1322. Assistance for communities adversely affected by catastrophic or
multiple base closures or realignments.
Sec. 1323. Continuation of pilot project to improve economic adjustment plan-
ning.
Sec. 1324. Consideration of local and regional economic needs as part of the
disposition of real property and facilities under base closure
laws.
Sec. 1325. Shipyard conversion and reuse studies.
Subtitle C—Personnel Adjustment, Education, and Training Programs
Sec. 1331. Continuation of teacher and teacher’s aide placement programs.
Sec. 1332. Programs to place separated members of the Armed Forces in em-
ployment positions with law enforcement agencies and health
care providers.
Sec. 1333. Grants to institutions of higher education to provide education and
training in environmental restoration to dislocated defense
workers and young adults.
Sec. 1334. Revision to improvements to employment and training assistance for
dislocated workers.
Sec. 1335. Demonstration program for the training of recently discharged vet-
erans for employment in construction and in hazardous waste
remediation.
Sec. 1336. Service members occupational conversion and training.
Sec. 1337. Amendments to defense diversification program under Job Training
Partnership Act.
Subtitle D—Other Matters
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Sec. 1341. Encouragement of industrial diversification planning for certain de-
fense contractors.
Sec. 1342. Encouragement for the purchase or lease of vehicles producing zero
or very low exhaust emissions.
Sec. 1343. Revision to requirements for notice to contractors upon proposed or
actual termination of defense programs.
Sec. 1344. Regional retraining services clearinghouses.
Subtitle E—National Shipbuilding Initiative
Sec. 1351. Short title.
Sec. 1352. National shipbuilding initiative.
Sec. 1353. Department of Defense program management through Advanced
Research Projects Agency.
Sec. 1354. Advanced Research Projects Agency functions.
Sec. 1355. Eligible shipyards.
Sec. 1356. Loan guarantees for export vessels.
Sec. 1357. Loan guarantees for shipyard modernization and improvement.
Sec. 1358. Funding for certain loan guarantee commitments for fiscal year
1994.
Sec. 1359. Authorizations of appropriations.
Sec. 1360. Restriction on use of defense conversion funds for the sale or trans-
fer of defense articles or defense services.
TITLE XIV—NATIONAL COMMISSION ON ROLES AND MISSIONS OF
THE ARMED FORCES
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Establishment of Commission.
Sec. 1404. Duties of Commission.
Sec. 1405. Reports.
Sec. 1406. Powers.
Sec. 1407. Commission procedures.
Sec. 1408. Personnel matters.
Sec. 1409. Miscellaneous administrative provisions.
Sec. 1410. Payment of Commission expenses.
Sec. 1411. Termination of the Commission.
TITLE XV—NATIONAL COMMISSION ON ARMS CONTROL
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment.
Sec. 1504. Duties.
Sec. 1505. Membership.
Sec. 1506. Director and staff; experts and consultants.
Sec. 1507. Powers.
Sec. 1508. Report.
Sec. 1509. Termination.
Sec. 1510. Authorization of appropriations.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
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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. Construction of chemical munitions disposal facilities.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Relocation of Air Force activities from Sierra Army Depot, Califor-
nia, to Beale Air Force Base, California.
Sec. 2306. Combat arms training and maintenance facility relocation from
Wheeler Air Force Base, Hawaii, to United States Army
Schofield Barracks Open Range, Hawaii.
Sec. 2307. Authority to transfer funds as part of the improvement of Dysart
Channel, Luke Air Force Base, Arizona.
Sec. 2308. Authority to transfer funds for school construction for Lackland Air
Force Base, Texas.
Sec. 2309. Authority to transfer funds as part of the replacement family hous-
ing project at Scott Air Force Base, Illinois.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Termination of authority to carry out land acquisition for Army Na-
tional Guard Training Area in Muskingum County, Ohio.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects.
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Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in the maximum amount authorized to be obligated for
emergency construction in a fiscal year.
Sec. 2802. Military family housing leasing programs.
Sec. 2803. Sale of electricity from alternate energy and cogeneration production
facilities.
Sec. 2804. Energy savings at military installations.
Sec. 2805. Authorization to acquire existing facilities in lieu of carrying out
construction authorized by law.
Sec. 2806. Clarification of participation in Department of State housing pools.
Sec. 2807. Navy housing investment agreements and Housing Investment
Board.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Base closure account management flexibility.
Sec. 2812. Authority to contract for certain functions at installations being
closed or realigned.
Sec. 2813. Increased funding sources for environmental restoration at military
installations to be closed.
Sec. 2814. Testimony before Defense Base Closure and Realignment Commis-
sion.
Sec. 2815. Expansion of conveyance authority regarding financial facilities on
closed military installations to include all depository institu-
tions.
Sec. 2816. Authority to transfer property at military installations to be closed
to persons paying the cost of environmental restoration activi-
ties on the property.
Sec. 2817. Authority to lease property pending final disposition.
Sec. 2818. Electric power allocation and economic development at certain mili-
tary installations to be closed in the State of California.
Sec. 2819. Expansion of base closure law to include consideration of military
installations outside the United States for closure and realign-
ment.
Sec. 2820. Limitations on the removal or disposal of personal property and
equipment in connection with the closure or major realignment
of military installations.
Sec. 2821. Preference for local and small businesses.
Sec. 2822. Pilot program to convey closed military installations to neighboring
communities.
Sec. 2823. Base disposal management cooperative agreement.
Subtitle C—Land Transactions
Sec. 2824. Modification of land conveyance, New London, Connecticut.
Sec. 2825. Land conveyance, Broward County, Florida.
Sec. 2826. Land conveyance, Naval Air Station, Oceana, Virginia.
Sec. 2827. Release of reversionary interest, Old Spanish Trail Armory, Harris
County, Texas.
Sec. 2828. Lease and joint use of certain real property, Marine Corps Base,
Camp Pendleton, California.
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Sec. 2829. Land conveyance, Craney Island Fuel Depot, Naval Supply Center,
Virginia.
Sec. 2830. Land conveyance, Portsmouth, Virginia.
Sec. 2831. Transfer of natural gas distribution system at Fort Belvoir, Vir-
ginia, to the Washington Gas Company.
Sec. 2832. Transfer of water distribution system at Fort Lee, Virginia, to the
American Water Company.
Sec. 2833. Transfer of waste water treatment facility at Fort Pickett, Virginia,
to Blackstone, Virginia.
Sec. 2834. Transfer of water distribution system and reservoir at Stewart Army
Subpost to New Windsor, New York.
Sec. 2835. Expansion of land transaction authority involving Hunters Point
Naval Shipyard, San Francisco, California.
Sec. 2836 Modification of lease authority, Naval Supply Center, Oakland, Cali-
fornia.
Sec. 2837. Land conveyance, Iowa Army Ammunition Plant, Iowa.
Sec. 2838. Transfer of electric power distribution system at Naval Air Station,
Alameda, California, to the City of Alameda Bureau of Elec-
tricity.
Sec. 2839. Conveyance of surplus real property, Fort Ord, California.
Subtitle D—Other Matters
Sec. 2841. Flood control project.
Sec. 2842. Use of Army Corps of Engineers to manage military construction
projects in Hawaii.
Sec. 2843. Special rule for military construction on certain lands in the State
of Hawaii.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Funding uses and limitations.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Authority for emergency planning, design, and construction activi-
ties.
Sec. 3127. Funds available for all national security programs of the Depart-
ment of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Other Provisions
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Sec. 3131. Improved congressional oversight of Department of Energy special
access programs.
Sec. 3132. Baseline environmental management reports.
Sec. 3133. Expansion of authority to loan personnel and facilities.
Sec. 3134. Modification of payment provision.
Sec. 3135. Stockpile stewardship program.
Sec. 3136. Counter-proliferation program.
Sec. 3137. Limitations on the receipt and storage of spent nuclear fuel from
foreign research reactors.
Sec. 3138. Contract goal for small disadvantaged businesses and certain insti-
tutions of higher education.
Sec. 3139. Prohibition on conduct of Safeguard C program.
Sec. 3140. Transfer or lease of property at Department of Energy weapon pro-
duction facilities.
Sec. 3141. Prohibition on use of funds for advanced liquid metal reactor.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Disposal of obsolete and excess materials contained in the National
Defense Stockpile.
Sec. 3303. Modification of notice and wait requirements for deviations from an-
nual materials plan.
Sec. 3304. Continuation of limitations on the disposal of chromite and man-
ganese ores and chromium and manganese ferro.
Sec. 3305. Conversion of chromium ore to high purity electrolytic chromium
metal.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Modernization of the civil defense system.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means the Committees on Armed Serv-
ices and the Committees on Appropriations of the Senate
and House of Representatives.
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DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for procurement for the Army as follows:
(1) For aircraft, $1,506,537,000.
(2) For missiles, $1,084,315,000.
(3) For weapons and tracked combat vehicles,
$876,997,000.
(4) For ammunition, $665,466,000.
(5) For other procurement, $2,946,362,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1994 for procurement for the Navy
as follows:
(1) For aircraft, $5,759,827,000.
(2) For weapons, including missiles and tor-
pedoes, $2,764,824,000.
(3) 
For 
shipbuilding 
and 
conversion,
$4,160,188,000.
(4) For other procurement, $2,861,480,000.
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(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1994 for procurement for
the Marine Corps in the amount of $471,021,000.
(c) ADDITIONAL AMOUNT FOR PRODUCTION DESIGN
SUPPORT FOR DDG–51 PROGRAM.—Within the amount
provided in subsection (a)(3) for shipbuilding and
conversion—
(1) the amount available for Production Design
Support for the DDG–51 program is hereby in-
creased by $38,459,000; and
(2) the amount available for Outfitting is here-
by reduced by $38,459,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for procurement for the Air Force as
follows:
(1) For aircraft, $7,223,502,000.
(2) For missiles, $3,620,871,000.
(3) For other procurement, $7,621,793,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for defense-wide procurement in the
amount of $2,177,082,000.
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SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for procurement for the Defense Inspec-
tor General in the amount of $800,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for procurement for the Defense Health
Program in the amount of $272,762,000.
SEC. 107. RESERVE COMPONENTS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
are hereby authorized to be appropriated for fiscal year
1994 for procurement of aircraft, vehicles, communica-
tions equipment, and other equipment for the reserve com-
ponents of the Armed Forces as follows:
(1) 
For 
the 
Army 
National 
Guard,
$289,675,000.
(2) For the Air National Guard, $170,000,000.
(3) For the Army Reserve, $81,300,000.
(4) For the Naval Reserve, $156,800,000.
(5) For the Air Force Reserve, $230,000,000.
(6) 
For 
the 
Marine 
Corps 
Reserve,
$65,500,000.
(b) MULTIPLE-LAUNCH ROCKET SYSTEM.—Of the
total number of Multiple-Launch Rocket System units ac-
quired with funds appropriated pursuant to the authoriza-
tion of appropriations in section 101 for the Army, the
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Secretary of the Army shall ensure that one battalion set
shall be authorized for and made available to the Army
National Guard.
SEC. 108. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the destruction of lethal chemical
weapons in accordance with section 1412 of the Depart-
ment of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapons stockpile
in the amount of $114,500,000.
SEC. 109. NATIONAL SHIPBUILDING INITIATIVE.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the National Shipbuilding Initiative
under subtitle F of title XIII of this Act in the amount
of $200,000,000.
SEC. 110. DENIAL OF MULTIYEAR PROCUREMENT AUTHOR-
IZATION.
The Secretary of the Navy may not enter into a
multiyear procurement contract under section 2306(h) of
title 10, United States Code, for the F/A–18C/D aircraft
program.
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Subtitle B—Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
(a) AH–64 AIRCRAFT.—The prohibition in section
132(a)(2) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 103
Stat. 1382) does not apply to the obligation of funds in
amounts not to exceed $150,000,000 for the procurement
of not more than 10 AH–64 aircraft from funds appro-
priated for fiscal year 1994 pursuant to section 101.
(b) OH–58D AHIP AIRCRAFT.—The prohibition in
section 133(a)(2) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–
189; 103 Stat. 1383) does not apply to the obligation of
funds in amounts not to exceed $225,000,000 for the pro-
curement of not more than 36 OH–58D AHIP Scout air-
craft from funds appropriated for fiscal year 1994 pursu-
ant to section 101.
SEC. 112. TOW MISSILE PROGRAM.
(a) IN GENERAL.—(1) The Secretary of Defense
shall terminate the TOW missile program in accordance
with this section.
(2) Except as provided in subsection (b), funds ap-
propriated or otherwise made available to the Department
of Defense pursuant to this or any other Act may not be
obligated for the procurement of TOW missiles.
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(b) EXCEPTIONS.—(1) The prohibition in subsection
(a)(2) does not apply to—
(A) the modification of, or the acquisition of
spare or repair parts for, TOW missiles described in
paragraph (2);
(B) completion of new production missiles de-
scribed in paragraph (2)(B); and
(C) 
the 
obligation 
of 
not 
more 
than
$75,282,000 from funds made available pursuant to
section 101(2) for the procurement of not more than
2,000 missiles and for payment of costs necessary to
terminate the TOW program.
(2) The missiles referred to in paragraph (1)(A)
are—
(A) TOW missiles acquired by the Department
of Defense on or before the date of the enactment
of this Act;
(B) TOW new production missiles for which
funds, other than funds for the procurement of long
lead items and other advance procurement, were ob-
ligated before the date of the enactment of this Act
and which are delivered to the Department of De-
fense on or after that date; and
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(C) 2,000 new production missiles for which
funds are available in accordance with subsection
(b)(1)(C).
Subtitle C—Navy Programs
SEC. 121. DDG–51 DESTROYER AND FAST SEALIFT PRO-
GRAMS.
None of the funds appropriated pursuant to section
102 for shipbuilding and conversion for the Navy for fiscal
year 1994 may be obligated for the DDG–51 guided mis-
sile destroyer program until—
(1) contracts for conversion of seven cargo ves-
sels specified under the National Sealift Program
have been awarded; and
(2) the Secretary of the Navy has transmitted
to the congressional defense committees notice that
those contracts have been awarded.
SEC. 122. ATTACK SUBMARINE PROGRAMS.
(a) SEAWOLF SUBMARINE PROGRAM COSTS.—(1)
None of the funds described in subsection (b) may be obli-
gated until the Secretary of Defense submits to the con-
gressional defense committees a report concerning the lat-
est and best estimated cost of producing the SSN–21 and
SSN–22 Seawolf attack submarines, determined as of the
date of the enactment of this Act. The report shall state
the full cost for production of each vessel and shall identify
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the amount and source of funds available to the Navy for
each such vessel from funds appropriated for fiscal years
before fiscal year 1994.
(2) If the report under paragraph (1) discloses a
shortfall of available funds for either or both of the SSN–
21 and SSN–22 vessels that is not funded by another
source identified by the Secretary of Defense, the Sec-
retary of Defense shall, subject to the provisions of appro-
priations Acts, use the funds described in subsection
(b)(1) to the extent necessary to complete production of
those two vessels.
(b) FUNDS SUBJECT TO LIMITATION.—Funds sub-
ject to the limitation under subsection (a) are the follow-
ing:
(1) Any unobligated funds remaining from the
amount of $540,200,000 originally appropriated for
fiscal year 1992 for the SSN–21 program and made
available under Public Law 102–298 for the pur-
poses of preserving the industrial base for submarine
construction (as specified at page 27 of the report
of the committee of conference to accompany the
conference report on H.R. 4990 of the 102d Con-
gress (House Report 102–530)).
(2) Funds appropriated pursuant to section 201
for research, development, test, and evaluation for
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the Navy for fiscal year 1994 that are available for
the new SSN (attack submarine) program for the
research and development stages designated as 6.3
and 6.4.
(c) NEW ATTACK SUBMARINE PROGRAM.—In addi-
tion to the limitation under subsection (a)(1), the funds
described in subsection (b)(2) may not be obligated until
the Secretary of Defense submits to the congressional de-
fense committees a certification that the Cost and Oper-
ational Effectiveness Analysis (COEA) process for the new
SSN (attack submarine) program has been completed.
The Secretary shall include with such certification a copy
of the analysis.
(d) REPORT ON PROPOSED USE OF FISCAL YEAR
1992 FUNDS.—(1) In addition to the limitation under
subsection (a)(1), funds described in subsection (b)(1)
that remain available after any use of such funds under
subsection (a)(2) may not be obligated until the Secretary
of Defense submits to the congressional defense commit-
tees a report describing the Secretary’s plan for the use
of those funds and 30 days of continuous session of Con-
gress have expired following the date on which that report
is transmitted to Congress.
(2) For purposes of paragraph (1), the continuity of
a session of Congress is broken only by an adjournment
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of the Congress sine die, and the days on which either
House is not in session because of an adjournment of more
than 3 days to a day certain are excluded in the computa-
tion of such 30-day period.
(e) RETROACTIVE AUTHORIZATION.—The amount re-
ferred to in subsection (b)(1) shall be treated for all pur-
poses as having been authorized by law for fiscal year
1992 in accordance with section 114(a) of title 10, United
States Code.
SEC. 123. LONG-TERM LEASE AUTHORITY FOR CERTAIN
VESSELS.
(a) AUTHORITY.—The Secretary of the Navy may
enter into a long-term lease or charter for a vessel de-
scribed in subsection (b) without regard to the provisions
of section 2401 of title 10, United States Code, or section
9081 of the Department of Defense Appropriations Act,
1990 (10 U.S.C. 2401 note).
(b) COVERED VESSELS.—Subsection (a) applies to
any double-hull tanker or oceanographic vessel constructed
in a United States shipyard after the date of the enact-
ment of this Act using assistance provided under the Na-
tional Shipbuilding Initiative.
(c) CONDITIONS ON OBLIGATION OF FUNDS.—A con-
tract entered into for a lease or charter pursuant to sub-
section (a) shall include the following provisions:
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(1) A statement that the obligation of the Unit-
ed States to make payments under the contract in
any fiscal year is subject to appropriations being
provided specifically for that fiscal year and specifi-
cally for that lease or project.
(2) A commitment to obligate the necessary
amount for each fiscal year covered by the contract
when and to the extent that funds are appropriated
for that lease or charter for that fiscal year.
(3) A statement that such a commitment given
under the authority of this section does not con-
stitute an obligation of the United States.
(d) DEFINITION.—For purposes of subsection (a),
the term ‘‘long-term lease or charter’’ has the meaning
given that term in section 2401(d)(1)(A) of title 10, Unit-
ed States Code (without regard to subparagraph (B) of
that section).
SEC. 124. LONG-TERM LEASE AUTHORITY FOR CERTAIN
ROLL-ON/ROLL-OFF VESSELS.
(a) AUTHORITY.—The Secretary of the Navy may
enter into a long-term lease or charter for not more than
five vessels described in subsection (b) without regard to
the provisions of section 2401 of title 10, United States
Code, or section 9081 of the Department of Defense Ap-
propriations Act, 1990 (10 U.S.C. 2401 note).
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(b) COVERED VESSELS.—Subsection (a) applies to
roll-on/roll-off (RO/RO) vessels which are required by the
Department of Defense for prepositioning or related point-
to-point service and which, in the case of vessels for which
work is required to make the vessel eligible for such service
and for documentation under the laws of the United
States, have such work performed in a United States ship-
yard.
(c) LIMITATION ON SOURCE OF FUNDS.—The Sec-
retary may not use funds appropriated for the National
Defense Sealift program that are available for construc-
tion of vessels to enter into a contract for a lease or char-
ter pursuant to subsection (a).
(d) CONDITIONS ON OBLIGATION OF FUNDS.—The
Secretary may not enter into a contract for a lease or
charter pursuant to subsection (a) unless the contract in-
cludes the following provisions:
(1) A statement that the obligation of the Unit-
ed States to make payments under the contract in
any fiscal year is subject to appropriations being
provided specifically for that fiscal year and specifi-
cally for that lease or charter.
(2) A commitment to obligate the necessary
amount for each fiscal year covered by the contract
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when and to the extent that funds are appropriated
for that lease or charter for that fiscal year.
(3) A statement that such a commitment given
under paragraph (2) does not constitute an obliga-
tion of the United States.
(e) DEFINITION.—For purposes of subsection (a), the
term ‘‘long-term lease or charter’’ has the meaning given
that term in section 2401(d)(1)(A) of title 10, United
States Code (without regard to subparagraph (B) of that
section).
Subtitle D—Air Force Programs
(Nonstrategic)
SEC. 131. INTERTHEATER AIRLIFT PROGRAM.
(a) LIMITATION.—None of the funds appropriated
pursuant to section 103 for procurement of airlift aircraft
for the Air Force for fiscal year 1994 may be obligated
until 45 days after the date on which the Secretary of
Defense submits to the congressional defense committees
the report referred to in subsection (b).
(b) REPORT REQUIREMENT.—A report under sub-
section (a) is a report in which the Secretary of Defense
provides—
(1) the Secretary’s recommendation for the air-
craft or mix of aircraft to be procured for the
intertheater airlift mission; and
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(2) the results of the activities under sub-
sections (c), (d), and (e).
(c) ESTABLISHMENT
OF INTERTHEATER AIRLIFT
REQUIREMENTS.—The Secretary of Defense, after the
date of the enactment of this Act, shall establish the quali-
tative and quantitative intertheater airlift requirements of
the Department of Defense.
(d) COST AND OPERATIONAL EFFECTIVENESS ANAL-
YSIS.—The Secretary of Defense, after the date of the en-
actment of this Act, shall conduct a Cost and Operational
Effectiveness Analysis to determine the most cost effective
intertheater airlift alternative to satisfy the requirements
established pursuant to subsection (c). In carrying out
such analysis, the Secretary—
(1) shall consider all reasonable aircraft and
mixes of aircraft for the intertheater airlift mission,
including procurement of additional C–17 aircraft,
procurement of additional C–5 aircraft, procurement
of additional C–141 aircraft, carrying out a Service-
Life Extension Program (SLEP) for existing C–141
aircraft, and procurement of commercial wide-body
aircraft; and
(2) for the C–17 program, shall include appro-
priate restructure (or ‘‘work out’’) costs and the ex-
pected cost of claims against the Government.
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(e) DAB REVIEW.—After the activities described in
subsections (c) and (d) have been completed, the Secretary
shall conduct a Defense Acquisition Board review based
on the results under those subsections.
SEC. 132. RC–135 AIRCRAFT PROGRAM.
(a) FISCAL YEAR 1994 FUNDS.—Of the funds au-
thorized to be appropriated in section 103 for procurement
of aircraft for the Air Force for fiscal year 1994,
$93,200,000 shall be available for reengining and modify-
ing two existing C–135 aircraft to the latest RC–135 Rivet
Joint configuration plus improvements necessary to sup-
port unique Navy requirements.
(b) FISCAL YEAR 1993 FUNDS.—(1) The amount of
$56,962,000 made available under section 141 of the Na-
tional Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 106 Stat. 2338) for modernizing
either Navy EP–3 aircraft or Air Force RC–135 aircraft
shall be made available for improvements to existing RC–
135 aircraft as though that aircraft had been selected by
the Secretary of Defense under section 141(b)(2) of such
Act.
(2) The amount of $65,700,000 made available under
section 131(3) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2334) to reengine three existing RC–135 aircraft, if the
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RC–135 was selected by the Secretary of Defense under
section 141(b)(2) of such Act, shall be made available for
RC–135 reengining as though that aircraft had been so
selected.
SEC. 133. USE OF F–16 AIRCRAFT ADVANCE PROCUREMENT
FUNDS FOR PROGRAM TERMINATION COSTS.
(a) FUNDS FOR PROGRAM TERMINATION COSTS.—
Of the amount provided in section 103 for procurment of
aircraft for the Air Force, the amount of $70,800,000
shall be available only for program termination costs for
the F–16 aircraft program.
(b) PROHIBITION OF FUNDS FOR ADVANCE PRO-
CUREMENT.—None of the amount provided in section 103
for procurement of aircraft for the Air Force shall be
available for advance procurement of F–16 aircraft for fis-
cal year 1995.
SEC. 134. C–17 AIRCRAFT PROGRAM.
(a) WITHHOLDING OF PAYMENTS FOR SOFTWARE
NONCOMPLIANCE.—In accepting further delivery of C–17
aircraft that in accordance with existing C–17 contracts
require a waiver for software noncompliance, the Secretary
of Defense shall withhold from the unliquidated portion
of the progress payments for such aircraft an amount not
less than 1 percent of the total cost of such aircraft. The
withholding shall continue until the Secretary submits to
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congressional committees named in subsection (e) a report
containing the following:
(1) An analysis of the operational impacts
caused by deficiencies in the range/payload specifica-
tion, as defined by the C–17 Lot III production con-
tract, including projected operational and mainte-
nance costs, such as the costs of required airborne
refueling due to range shortfalls.
(2) A schedule for securing from the contractor,
in accordance with the terms of existing C–17 con-
tracts, an equitable recovery for the operational im-
pacts caused by deficiencies in the range/payload
specification identified in the analysis required by
this section.
(d) REPORT CONTENTS.—Each report required by
this section shall include an itemization of the estimated
effect on total production costs caused by software non-
compliance, wing defects, or range/payload deficiency, as
applicable.
(e) CONGRESSIONAL COMMITTEES.—The committees
of Congress to which a report required by this section is
to be submitted are the following:
(1) The Committees on Armed Services of the
Senate and the House of Representatives.
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(2) The Committees on Appropriations of the
Senate and the House of Representatives.
(3) The Committee on Governmental Affairs of
the Senate and the Committee on Government Oper-
ations of the House of Representatives.
Subtitle E—Strategic Programs
SEC. 151. B–2 BOMBER AIRCRAFT PROGRAM.
(a) AMOUNT FOR PROGRAM.—Of the amount appro-
priated pursuant to section 103 for the Air Force for fiscal
year 1994 for procurement of aircraft, not more than
$911,300,000 may be obligated for procurement for the
B–2 bomber aircraft program.
(b) B–2 BUYOUT AND TERMINATION.—The funds re-
ferred to in subsection (a) may be obligated only for the
purpose of procurement associated with closing out the B–
2 bomber aircraft program, including amounts for pro-
curement of spares and parts for that aircraft.
(c) REAFFIRMATION OF LIMITATION ON NUMBER OF
B–2 AIRCRAFT.—As provided in section 151(c) of Public
Law 102–484 (106 Stat. 2339), the Secretary of the Air
Force may not procure more than 20 deployable B–2 air-
craft (plus one test aircraft which may not be made oper-
ational).
(d) LIMITATION ON OBLIGATION OF FY94 FUNDS.—
None of the funds appropriated pursuant to section 103
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for the Air Force for fiscal year 1994 may be obligated
for the B–2 bomber aircraft program until each of the
conditions specified in paragraphs (1), (2), and (3) of sec-
tion 151(d) of Public Law 102–484 (106 Stat. 2339), in-
cluding the condition requiring the enactment of an Act
which permits the obligation of certain funds for the pro-
curement of B–2 bomber aircraft, has been satisfied.
(e) DENIAL OF INTERIM NEAR-PRECISE MUNITIONS
PROGRAM.—(1) The Secretary of the Air Force may not
use any funds appropriated for fiscal year 1994 or any
prior fiscal year for the development, integration, or acqui-
sition of an interim near-precise munitions capability for
the B–2 aircraft.
(2) For the purposes of paragraph (1):
(A) The term ‘‘near-precise munitions capabil-
ity’’ means the capability that the Secretary of the
Air Force has proposed for the B–2 aircraft to be
produced by the Global Positioning System-aided
targeting system and Global Positioning System-
aided munitions.
(B) The term ‘‘interim’’, with respect to a mu-
nitions capability for the B–2 aircraft, means a ca-
pability proposed for the period before the availabil-
ity of the Joint Direct Attack Munition for that air-
craft.
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SEC. 152. B–1 BOMBER AIRCRAFT PROGRAM.
(a) INTERIM
NEAR-PRECISE
MUNITIONS
PRO-
GRAM.—The Secretary of the Air Force shall initiate a
program for the production of Global Positioning System-
aided munitions (GAM) for 10 B–1 bomber aircraft. It
shall be the goal of the program to achieve an interim
near-precise munitions capability on 10 B–1 aircraft by
1996.
(b) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated pursuant to section 103 for the
Air Force for fiscal year 1994 for procurement of aircraft,
$263,355,000 shall be available for procurement for B–
1B aircraft, of which $100,808,000 shall be available for
modification of inservice aircraft. Of the amount available
for modification of inservice aircraft, $50,000,000 shall be
available for the purchase of GAM kits to achieve the mu-
nitions capability described in subsection (a).
SEC. 153. TRIDENT II (D–5) MISSILE PROCUREMENT.
(a) FINAL PRODUCTION.—Of amounts appropriated
pursuant to section 102 for procurement of weapons (in-
cluding missiles and torpedoes) for the Navy for fiscal year
1994—
(1) not more than $983,300,000 may be obli-
gated for procurement of Trident II (D–5) missiles;
and
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(2) not more than $145,251,000 may be obli-
gated for advance procurement for production of D–
5 missiles for a fiscal year after fiscal year 1994.
(b) OPTIONS FOR ACHIEVING SLBM WARHEAD LIM-
ITATIONS.—Not later than April 1, 1994, the Secretary
of Defense shall submit to Congress a report on options
available for achieving the limitations on submarine-
launched ballistic missile (SLBM) warheads imposed by
the START II treaty at significantly reduced costs from
the costs planned during fiscal year 1994. The report shall
include an examination of the implications for those op-
tions of further reductions in the number of such war-
heads under further strategic arms reduction treaties.
SEC. 154. STUDY OF TRIDENT MISSILE SUBMARINE PRO-
GRAM.
The Secretary of Defense shall submit to the congres-
sional defense committees, not later than April 1, 1994,
a report comparing (1) modifying Trident I submarines
to enable those submarines to be deployed with D–5 mis-
siles, with (2) retaining the Trident I (C–4) missile on
the Trident I submarine. In preparing the report, the Sec-
retary shall include considerations of cost effectiveness,
force structure requirements, and future strategic flexibil-
ity of the Trident I and Trident II submarine programs.
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Subtitle F—Other Matters
SEC. 171. CHEMICAL MUNITIONS DISPOSAL FACILITIES,
TOOELE ARMY DEPOT, UTAH.
(a) LIMITATION PENDING CERTIFICATION.—After
January 1, 1994, none of the funds appropriated to the
Department of Defense for fiscal year 1993 or 1994 may
be obligated for the systemization of chemical munitions
disposal facilities at Tooele Army Depot, Utah, until the
Secretary of Defense submits to Congress a certification
described in subsection (b).
(b) CERTIFICATION REQUIREMENT.—A certification
referred to in subsection (a) is a certification submitted
by the Secretary of Defense to Congress that—
(1) the recommendations for the realignment of
Tooele Army Depot contained in the recommenda-
tions of the Defense Base Closure and Realignment
Commission approved by the President on July 6,
1993, will not jeopardize the health, safety, or wel-
fare of the community surrounding Tooele Army
Depot; and
(2) adequate base support, management, over-
sight, and security personnel to ensure the public
safety in the operation of chemical munitions dis-
posal facilities constructed and operated at Tooele
Army Depot will remain at that depot after the com-
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pletion of the realignment of that depot in accord-
ance with those recommendations.
(c) SUPPORTING REPORT.—The Secretary of Defense
shall include with a certification under this section a re-
port specifying by job title and category all base support,
management, oversight, and security personnel to be re-
tained at Tooele Army Depot after the realignment of that
depot is completed in accordance with the recommenda-
tions of the Defense Base Closure and Realignment Com-
mission referred to in subsection (b)(1).
(d) EXCEPTION.—Subsection (a) shall not apply if
the recommendations of the Defense Base Closure and Re-
alignment Commission approved by the President on July
6, 1993, are disapproved by law enacted in accordance
with section 2904(b) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
SEC. 172. AUTHORITY TO CONVEY LOS ALAMOS DRY DOCK.
(a) AUTHORITY.—The Secretary of the Navy may
convey to the Brownsville Navigation District of Browns-
ville, Texas, all right, title, and interest of the United
States in and to the dry dock designated as Los Alamos
(AFDB7).
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(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the Brownsville Navigation
District shall permit the Secretary of the Navy—
(1) to use real property which is (A) located on
and near a ship channel, (B) under the ownership
or control of the Brownsville Navigation District,
and (C) not used by the Brownsville Navigation Dis-
trict, except that such use shall be only for training
purposes and shall be permitted for a five-year pe-
riod beginning on the date of the transfer;
(2) to use such property under paragraph (1)
without reimbursement from the Secretary of the
Navy; and
(3) to use the dock for dockage services, with-
out reimbursement from the Secretary of the Navy,
except that such use shall be for not more than 45
days each year during the period referred to in para-
graph (1) and shall be subject to all applicable Fed-
eral and State laws, including laws on maintenance
and dredging.
(c) EXTENSION OF USE.—At the end of the five-year
period referred to in subsection (b)(1), the Secretary of
the Navy and the chief executive officer of the Brownsville
Navigation District may enter into an agreement to extend
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the period during which the Secretary may use real prop-
erty and dockage under subsection (b).
(d) CONDITION.—As a condition of the conveyance
authorized by subsection (a), the Secretary shall enter into
an agreement with the Brownsville Navigation District
under which the Brownsville Navigation District agrees to
hold the United States harmless for any claim arising with
respect to the drydock after the conveyance of the drydock
other than as a result of use of the dock by the Navy
pursuant to subsection (b) or an agreement under sub-
section (c).
SEC. 173. SALES AUTHORITY OF CERTAIN WORKING-CAP-
ITAL FUNDED INDUSTRIAL FACILITIES OF
THE ARMY.
(a) IN GENERAL.—(1) Chapter 433 of title 10, Unit-
ed States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 4543. Army industrial facilities: sales of manufac-
tured articles or services outside Depart-
ment of Defense
‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—Regula-
tions under section 2208(h) of this title shall authorize
a working-capital funded Army industrial facility (includ-
ing a Department of the Army arsenal) that manufactures
large caliber cannons, gun mounts, recoil mechanisms,
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ammunition, munitions, or components thereof to sell
manufactured nondefense-related commercial articles or
services to a person outside the Department of Defense
if—
‘‘(1) in the case of an article, the article is sold
to a United States manufacturer, assembler, devel-
oper, or other concern—
‘‘(A) for use in developing new products;
‘‘(B) for incorporation into items to be sold
to, or to be used in a contract with, an agency
of the United States;
‘‘(C) for incorporation into items to be sold
to, or to be used in a contract with, or to be
used for purposes of soliciting a contract with,
a friendly foreign government; or
‘‘(D) for use in commercial products;
‘‘(2) in the case of an article, the purchaser is
determined by the Department of Defense to be
qualified to carry out the proposed work involving
the article to be purchased;
‘‘(3) the sale is to be made on a basis that does
not interfere with performance of work by the facil-
ity for the Department of Defense or for a contrac-
tor of the Department of Defense; and
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‘‘(4) in the case of services, the services are re-
lated to an article authorized to be sold under this
section and are to be performed in the United States
for the purchaser.
‘‘(b) ADDITIONAL REQUIREMENTS.—The regulations
shall also—
‘‘(1) require that the authority to sell articles or
services under the regulations be exercised at the
level of the commander of the major subordinate
command of the Army with responsibility over the
facility concerned;
‘‘(2) authorize a purchaser of articles or serv-
ices to use advance incremental funding to pay for
the articles or services; and
‘‘(3) in the case of a sale of commercial articles
or commercial services in accordance with subsection
(a) by a facility that manufactures large caliber can-
nons, gun mounts, or recoil mechanisms, or compo-
nents thereof, authorize such facility—
‘‘(A) to charge the buyer, at a minimum,
the variable costs that are associated with the
commercial articles or commercial services sold;
‘‘(B) to enter into a firm, fixed-price con-
tract or, if agreed by the buyer, a cost reim-
bursement contract for the sale; and
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‘‘(C) to develop and maintain (from
sources other than appropriated funds) working
capital to be available for paying design costs,
planning costs, procurement costs, and other
costs associated with the commercial articles or
commercial services sold.
‘‘(c) RELATIONSHIP
TO ARMS EXPORT CONTROL
ACT.—Nothing in this section shall be construed to affect
the application of the export controls provided for in sec-
tion 38 of the Arms Export Control Act (22 U.S.C. 2778)
to items which incorporate or are produced through the
use of an article sold under this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘commercial article’ means an
article that is usable for a nondefense purpose.
‘‘(2) The term ‘commercial service’ means a
service that is usable for a nondefense purpose.
‘‘(3) The term ‘advance incremental funding’,
with respect to a sale of articles or services, means
a series of partial payments for the articles or serv-
ices 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
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articles or the performance of the services, as
the case may be; and
‘‘(B) subsequent progress payments that
result in full payment being completed as the
required work is being completed.
‘‘(4) The term ‘variable costs’, with respect to
sales of articles or services, means the costs that are
expected to fluctuate directly with the volume of
sales and—
‘‘(A) in the case of articles, the volume of
production necessary to satisfy the sales orders;
or
‘‘(B) in the case of services, the extent of
the services sold.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘4543. Army industrial facilities: sales of manufactured articles or services out-
side Department of Defense.’’.
(b) CONFORMING AMENDMENT.—Subsection (i) of
section 2208 of such title is amended to read as follows:
‘‘(i) For provisions relating to sales outside the De-
partment of Defense of manufactured articles and services
by a working-capital funded Army industrial facility (in-
cluding a Department of the Army arsenal) that manufac-
tures large caliber cannons, gun mounts, recoil mecha-
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nisms, ammunition, munitions, or components thereof, see
section 4543 of this title.’’.
(c) DEADLINE
FOR
REGULATIONS.—Regulations
under subsection (b) of section 4543 of title 10, United
States Code, as added by subsection (a), shall be pre-
scribed not later than 30 days after the date of the enact-
ment of this Act.
SEC. 174. CONVEYANCE OF OBSERVATION AIRCRAFT.
(a) AUTHORITY TO CONVEY.—(1) The Secretary of
Defense may convey without consideration all right, title,
and interest of the United States in not more than four
light observation aircraft to the organization known as
Hermanos al Rescate, a nonprofit organization in the
State of Florida consisting of volunteer pilots who fly
search and rescue missions from southern Florida over the
Florida Straits (hereinafter in this section referred to as
the ‘‘recipient’’).
(2) For purposes of paragraph (1), light observation
aircraft are the OV–2, the OV–10, or any comparable ob-
servation aircraft.
(b) CONDITION.—As a condition of conveying an air-
craft to the recipient pursuant to the authority provided
in subsection (a), the Secretary shall enter into an agree-
ment with the recipient under which the recipient agrees—
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(1) to use that aircraft solely for search and
rescue missions and related activities;
(2) to use that aircraft solely for nonprofit ac-
tivities; and
(3) to hold the United States harmless for any
claim arising with respect to that aircraft after the
conveyance of that aircraft.
(c) LIMITATION ON FUTURE TRANSFERS.—In the
case of an aircraft conveyed under the authority provided
in subsection (a), the instruments provided for the convey-
ance shall require that any further conveyance of an inter-
est in that aircraft may not be made without the approval
in advance of the Secretary of Defense. If the Secretary
determines that an interest in an aircraft was conveyed
without such approval, then all right, title, and interest
in that aircraft shall revert to the United States and the
United States shall have the right to immediate possession
of the aircraft. The recipient shall pay the United States
for its costs incurred in recovering the aircraft for such
a violation.
(d) FORFEITURE UPON VIOLATION OF TERMS.—If
the Secretary determines that the recipient violated sub-
section (b)(1) or (b)(2) with respect to any aircraft con-
veyed under subsection (a), then all right, title, and inter-
est in each such aircraft shall revert to the United States
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and the United States shall have the right to immediate
possession of all of the aircraft. The recipient shall pay
the United States for its costs incurred in recovering the
aircraft for a violation of those conditions.
(e) DELIVERY OF AIRCRAFT.—The Secretary shall
deliver each aircraft conveyed under subsection (a)—
(1) at the place where the aircraft is located on
the date of the conveyance;
(2) in its condition on that date; and
(3) without cost to the United States.
(f) EXPIRATION OF AUTHORITY TO CONVEY.—The
authority of the Secretary under subsection (a) to convey
aircraft shall expire on the date that is two years after
the date of the enactment of this Act.
SEC. 175. CHEMICAL DEMILITARIZATION PROGRAM.
(a) SUBMISSION
OF REPORTS
ON ALTERNATIVE
TECHNOLOGIES.—Section 173(b)(1) of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2343) is amended by striking out the
period at the end and inserting in lieu thereof ‘‘and a pe-
riod of 90 days has passed following the submission of
the report. During such 90-day period, each Chemical De-
militarization Citizens’ Advisory Commission in existence
on the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 1994 may submit such
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comments on the report as it considers appropriate to the
Committees on Armed Services of the Senate and House
of Representatives.’’.
(b) EXTENSION OF DEADLINE FOR SUBMISSION OF
REVISED CONCEPT PLAN.—Section 175(d) of such Act
(106 Stat. 2344) is amended by striking out ‘‘not later
than 180 days’’ and all that follows and inserting in lieu
thereof ‘‘during the 180-day period beginning at the end
of the 90-day period following the submission of the report
of the Secretary required under section 173.’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorizations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the use of the Department of Defense
for research, development, test, and evaluation, as follows:
(1) For the Army, $5,417,141,000.
(2) For the Navy, $8,736,970,000.
(3) For the Air Force, $13,446,635,000.
(4) 
For 
Defense-wide 
activities,
$10,284,652,000, of which—
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(A) $232,592,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $12,650,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. MANUFACTURING TECHNOLOGY DEVELOPMENT.
(a) FISCAL YEAR 1994.—Of the amounts authorized
to be appropriated by section 201, $315,000,000 shall be
available for, and may be obligated only for, manufactur-
ing technology development as follows:
(1) For the Army: $50,000,000.
(2) For the Navy, $120,000,000.
(3) For the Air Force, $110,000,000.
(4) 
For 
the 
Defense 
Logistics 
Agency,
$35,000,000, of which $15,000,000 is available only
for the establishment of a pilot program for the
metalcasting industry.
(b) INDUSTRIAL
MODERNIZATION
IMPROVEMENT
PROGRAM.—The Secretary shall reestablish the Industrial
Modernization Improvement Program (IMIP) of the De-
partment of Defense carried out through the Manufactur-
ing Technology programs and shall provide sufficient
funding for that program for fiscal year 1994 from funds
referred to in subsection (a).
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(c) WORKER SKILLS.—Manufacturing technology de-
velopment programs conducted by or for the Department
of Defense, including those programs for which funds are
made available pursuant to subsection (a), shall include
a focus on production technologies designed to build on
and expand existing worker skills and experience in manu-
facturing production.
SEC. 203. REENTRY VEHICLE INDUSTRIAL BASE.
Of the amount authorized to be appropriated pursu-
ant to section 201 for the Navy, $5,000,000 shall be avail-
able for the contribution of the Navy for fiscal year 1994
to the Reentry Vehicle industrial base.
SEC. 204. REALLOCATION OF CERTAIN R&D FUNDS.
(a) INCREASE IN AMOUNT FOR ARMY.—The amount
provided in section 201 for the Army is hereby increased
by $10,000,000, of which—
(1) $2,000,000 is for a study of the require-
ments for the incorporation of an electronics soft-
ware upgrade into the M1A2 tank; and
(2) $8,000,000 is for Horizontal Battlefield In-
tegration to expand the demonstration of technology
interfaces needed to verify the compatibility of digi-
tal electronics in various Army Combat Systems.
(b) LIMITATION.—None of the funds described in
subsection (a)(2) or otherwise made available to the De-
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partment of Defense for fiscal year 1994 may be obligated
for Horizontal Battlefield Integration until the Secretary
of the Army submits to the congressional defense commit-
tees a report containing a revised demonstration plan for
that program. The revised plan shall include program
milestones and funding requirements.
(c) REDUCTION IN AMOUNT FOR DEFENSE-WIDE
ACTIVITIES.—The amount provided in section 201 for De-
fense-wide activities is hereby reduced by $10,000,000, to
be derived from amounts for acquisition of foreign equip-
ment for test and analysis purposes.
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. DEMONSTRATION PROGRAM FOR BALLISTIC MIS-
SILE POST-LAUNCH DESTRUCT MECHANISM.
(a) DEMONSTRATION PROGRAM.—The Secretary of
Defense shall conduct a demonstration program to develop
and test a ballistic missile post-launch destruct mecha-
nism. The program shall be carried out through the Ad-
vanced Research Projects Agency.
(b) FUNDING.—The amount expended for the dem-
onstration program may not exceed $15,000,000. Subject
to the provisions of appropriations Acts, the Secretary
may provide $5,000,000 for the program from unexpended
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balances remaining available for obligation from funds ap-
propriated to the Department of Defense for fiscal year
1993.
SEC. 212. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE
PROGRAMS.
(a) AUTHORIZATION.—Of the funds appropriated
pursuant to section 201 for Defense-wide activities,
$288,518,000 shall be available for airborne reconnais-
sance programs.
(b) LIMITATION.—None of the funds referred to in
subsection (a) or funds appropriated for fiscal year 1994
for the Navy for research, development, test, and evalua-
tion may be obligated for Navy EP–3 aircraft modifica-
tions.
SEC. 213. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) LIMITATION.—During each of fiscal year 1994
and fiscal year 1995, the Secretary of Defense may not
obligate funds for expenditure at a federally funded re-
search and development center described in subsection (b)
in excess of 90 percent of the amount obligated by the
Secretary for expenditure at that center during fiscal year
1993.
(b) COVERED ENTITIES.—Subsection (a) applies
with respect to any federally funded research and develop-
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ment center (other than a center that performs applied
scientific research under laboratory conditions) that dur-
ing fiscal years 1991 through 1993 had average annual
expenditures of funds derived from the Department of De-
fense in excess of $25,000,000.
SEC. 214. HIGH PERFORMANCE COMPUTER MODERNIZA-
TION PROGRAM.
Funds made available for fiscal year 1994 for the De-
partment of Defense High Performance Computer (HPC)
Modernization Program for Department of Defense re-
search centers and laboratories may be used only for—
(1) the execution of upgrade options under an
existing contract for installed supercomputer facili-
ties that have not kept technically current; or
(2) the conduct of competitive procurement for
supercomputers that are architecturally stable and
production compatible and that can be successfully
demonstrated using statistically valid samples of the
current workloads of the research centers and lab-
oratories that will be using the supercomputers with-
out substantive reprogramming or program conver-
sion.
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SEC. 215. HIGH PERFORMANCE COMPUTING AND COMMU-
NICATION INITIATIVE.
(a) INDEPENDENT STUDY.—The Secretary of De-
fense shall request the National Research Council (NRC)
of the National Academy of Sciences to conduct a com-
prehensive study of the inter-agency High Performance
Computing and Communications Initiative (HPCCI), with
emphasis on the elements of the program supported by
the Department of Defense and the relationship of those
elements to other elements of the program.
(b) MATTERS TO BE INCLUDED.—The study shall
address (at a minimum) the following aspects of the High
Performance Computing and Communications Initiative:
(1) The basic underlying rationale for the ini-
tiative.
(2) The appropriateness of the goals and direc-
tions of the initiative.
(3) The balance between various elements of
the initiative.
(4) The likelihood that the various goals of the
initiative will be achieved.
(5) The management and coordination of the
initiative.
(c) COOPERATION WITH STUDY.—The Secretary of
Defense shall direct all relevant defense agencies to co-
operate fully with the National Research Council in all as-
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pects of this study, and shall request similar cooperation
from the heads of all other appropriate Federal agencies.
(d) FUNDING.—The sum of $800,000 shall be made
available from the Department’s High Performance Com-
puting and Communications Program to provide funds for
the National Research Council to conduct the study under
subsection (a).
(e) REPORT.—A report on the results of the study
under subsection (a) shall be submitted to the Secretary
of Defense not later than July 1, 1995. The Secretary
shall promptly submit the report of the study to the Com-
mittees on Armed Services of the Senate and House of
Representatives. The report shall be submitted to the com-
mittees in unclassified form with classified annexes as nec-
essary.
SEC. 216. SUPERCONDUCTING MAGNETIC ENERGY STOR-
AGE (SMES) PROGRAM.
(a) PROGRAM OFFICE.—The Secretary of Defense
shall establish within the Department of the Navy a pro-
gram office to facilitate research and design studies lead-
ing to possible construction of Superconducting Magnetic
Energy Storage (SMES) test models.
(b) SCIENCE ADVISORY GROUP.—(1) The Secretary
of Defense shall establish an advisory committee in the
Department of Defense for Superconducting Magnetic En-
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ergy Storage activities. The advisory committee shall be
established as a science advisory group and shall be inde-
pendent of the Department of the Navy.
(2) The membership of the advisory committee shall
include representatives from the President’s Office of
Science and Technology Policy, the Department of De-
fense, the Department of Energy, the Environmental Pro-
tection Agency, the Army Corps of Engineers, and private
industry.
(3) The advisory committee shall conduct a review
every two years of the progress of the Department of De-
fense program for Superconducting Magnetic Energy
Storage development. The advisory committee shall submit
a report on each such review to the Secretary as directed
by the Secretary. Such report shall include the advisory
committee’s recommendations for outyear program op-
tions and funding. The Secretary shall transmit each such
report to Congress.
(4) The advisory committee shall continue in exist-
ence until terminated by law.
(c) FUNDING.—Immediately upon enactment of this
Act, the Secretary of Defense shall transfer from the De-
fense Nuclear Agency to the Department of the Navy any
funds appropriated for fiscal years before fiscal year 1994
that were designated for the Superconducting Magnetic
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Energy Storage Project that remain available for obliga-
tion. Those funds shall be obligated for (1) continued ex-
perimental work (as defined in section 218(b)(4) of the
National Defense Authorization Act of 1993 (Public Law
102–484; 106 Stat. 2353)), (2) operation of the advisory
group, and (3) study of alternative SMES designs.
(d) DEADLINE.—The office referred to in subsection
(a) shall be created and staffed not later than 30 days
after the date of the enactment of this Act.
SEC. 217. SINGLE STAGE ROCKET TECHNOLOGY.
(a) PROGRAM FUNDING.—The Secretary of Defense
shall establish a Single Stage Rocket Technology program
and shall provide funds for that program within funds
available for the Advanced Research Projects Agency.
That program shall be managed within the Office of the
Under Secretary of Defense for Acquisition.
(b) FUNDING.—Of the amount appropriated pursu-
ant 
to 
section 
201 
for 
Defense-wide 
activities,
$79,880,000 shall be available for, and may be obligated
only for, Single Stage Rocket Technology.
SEC. 218. ADVANCED ANTI-RADIATION GUIDED MISSILE.
Of the funds appropriated for research, development,
test, and evaluation for the Department of the Navy for
fiscal year 1993 that remain available for obligation for
Air Systems Advanced Technology Development pro-
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grams, $10,077,000 shall be obligated and expended only
for testing, design, and fabrication of a dual-mode seeker
for the Advanced Anti-Radiation Guided Missile using
technology that is derived from work done with funding
provided through the Small Business Innovative Research
(SBIR) program.
SEC. 219. DP–2 VECTORED THRUST TECHNOLOGY DEM-
ONSTRATION PROJECT.
Of the funds appropriated for research, development,
test, and evaluation for the Defense Agencies for fiscal
year 1993 that remain available for obligation for Tactical
Technology programs within the Advanced Research
Projects Agency, $15,000,000 shall be obligated and ex-
pended only for testing of the DP–2 Vectored Thrust
Technology Demonstration project for Special Operations
Forces (SOF) applications.
SEC. 220. ADVANCED SELF PROTECTION JAMMER (ASPJ)
PROGRAM.
Notwithstanding section 122 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2334), the Secretary of Defense may carry
out material procurement, logistics support, and integra-
tion of existing Advanced Self Protection Jammer systems
from Department of Defense inventory into the F–14D
aircraft for testing and evaluation using funds appro-
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priated to the Department of Defense for fiscal year 1993
and prior years.
SEC. 221. ELECTRONIC COMBAT SYSTEMS TESTING.
(a) DETAILED TEST AND EVALUATION BEFORE INI-
TIAL LOW-RATE PRODUCTION.—The Secretary of De-
fense shall ensure that any electronic combat system and
any command, control, and communications counter-
measure system is authorized to proceed into the low-rate
initial production stage only upon the completion of an
appropriate, rigorous, and structured test and evaluation
regime. Such a regime shall include testing and evaluation
at each of the following types of facilities: computer sim-
ulation and modeling facilities, measurement facilities,
system integration laboratories, simulated threat hard-
ware-in-the-loop test facilities, installed system test facili-
ties, and open air ranges.
(b) TIMELY TEST AND EVALUATION REQUIRED.—
The Secretary shall ensure that test and evaluation of a
system as required by subsection (a) is conducted suffi-
ciently early in the development phase to allow (1) a cor-
rection-of-deficiency plan to be developed and in place for
deficiencies identified by the testing before the system pro-
ceeds into low-rate initial production; and (2) the defi-
ciencies identified by test and evaluation be corrected be-
fore the system leaves low-rate initial production.
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(c) ANNUAL REPORT ON COMPLIANCE.—The Sec-
retary of Defense shall include in the annual Department
of Defense Electronic Warfare Plan report a description
of compliance with this section during the preceding year.
Such a report shall include a description of the test and
evaluation process applied to each system, the results of
that process, and the adequacy of test and evaluation re-
sources to carry out that process.
(d) FUNDS USED FOR TESTING.—The costs of the
testing necessary to carry out this section with respect to
any system shall be paid from funds available for that sys-
tem.
(e) APPLICABILITY.—The provisions of subsections
(a) and (b) shall apply to any electronic combat system
program and any command, control, and communications
countermeasure system program that is initiated after the
date of the enactment of this Act.
SEC. 222. LIMITATION ON DEPARTMENT OF DEFENSE MIS-
SILE LAUNCHES FOR TEST PURPOSES.
(a) LIMITATION.—The Secretary of Defense may not
conduct a launch of a missile as part of a test program
in any case in which an anticipated result of the launch
would be the release of debris in an area over land of the
United States outside a designated Department of De-
fense test range.
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(b) DEFINITION OF DEBRIS.—For purposes of sub-
section (a), the term ‘‘debris’’ does not include particulate
matter that is regulated for considerations of air quality.
SEC. 223. B–1 BOMBER AIRCRAFT PROGRAM.
(a) INTERIM
NEAR
PRECISE
MUNITIONS
AND
TARGETING PROGRAM.—The Secretary of the Air Force
shall initiate a program for the development and produc-
tion of a Global Positioning System-aided relative
targeting (GATS) system and Global Positioning System-
aided munitions (GAM) for 10 B–1 bomber aircraft. It
shall be the goal of the program to achieve an interim near
precise weapons capability on 10 B–1 aircraft by 1996.
(b) DEFENSIVE AVIONICS UPGRADE PROGRAM.—
The Secretary of the Air Force shall continue efforts asso-
ciated with upgrades to the defensive avionics system of
the B–1B aircraft, including studies, analyses, and tests
required for a risk reduction program for a minimum of
three, and up to four, defensive avionics participants.
(c) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated pursuant to section 201 for the
Air Force for fiscal year 1994, $180,543,000 shall be
available for the B–1B aircraft program, of which—
(1) $57,000,000 shall be made available for de-
velopment and integration of a GPS-aided relative
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targeting system and development of GPS-aided mu-
nitions as provided in subsection (a); and
(2) $37,200,000 shall be made available for up-
grades to the B–1 defensive avionics system as pro-
vided in subsection (b).
Subtitle C—Missile Defense
Programs
SEC. 231. FUNDING FOR FISCAL YEAR 1994.
Of the amounts appropriated pursuant to section 201
or otherwise made available to the Department of Defense
for research, development, test, and evaluation for fiscal
year 1994, not more than a total of $2,617,448,000 may
be obligated for ballistic missile defense. None of such
amount is available for the Brilliant Pebbles program.
SEC. 232. REPORT ON ALLOCATION OF FUNDS.
When the President’s budget for fiscal year 1995 is
submitted to Congress pursuant to section 1105 of title
31, United States Code, the Secretary of Defense shall
submit to the congressional defense committees a report—
(1) setting forth the allocation by the Secretary
of funds appropriated for ballistic missile defense for
fiscal year 1994, and the proposed allocation of
funds for ballistic missile defense for fiscal year
1995, shown for Theater Missile Defense, Limited
Defense System, Other Follow-On Systems, Re-
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search and Support, and the Small Business Innova-
tion Research and Small Business Technology
Transfer programs of the Small Business Adminis-
tration, for each program, project, and activity; and
(2) describing an updated master plan for the
Theater Missile Defense Initiative that includes (A)
a detailed consideration of plans for theater and tac-
tical missile defense doctrine, training, tactics, and
force structure, and (B) a detailed acquisition strat-
egy which includes a consideration of acquisition and
life-cycle costs through the year 2006 for the pro-
grams, projects, and activities associated with the
Theater Missile Defense Initiative.
SEC. 233. TRANSFER AUTHORITIES FOR BALLISTIC MISSILE
DEFENSE.
(a) IN GENERAL.—After the submission of the report
required under section 232, the Secretary of Defense may
transfer funds among the ballistic missile defense program
elements named in section 232 of this Act.
(b) LIMITATION.—The total amount that may be
transferred to or from any program element named in sec-
tion 232—
(1) may not exceed 10 percent of the amount
provided in the report for the program element from
which the transfer is made; and
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(2) may not result in an increase of more than
10 percent of the amount provided in the report for
the program element to which the transfer is made.
(c) RESTRICTION.—Transfer authority under sub-
section (a) may not be used for a decrease in funds identi-
fied in section 231(a) for the Theater Missile Defense Ini-
tiative.
(d) MERGER AND AVAILABILITY.—Amounts trans-
ferred pursuant to subsection (a) shall be merged with and
be available for the same purposes as the amounts to
which transferred.
SEC. 234. REVISIONS TO MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II
of Public Law 102–190; 10 U.S.C. 2431 note) is amended
as follows:
(1) Section 232(a) is amended—
(A) in paragraph (1), by striking out
‘‘while deploying’’ and inserting in lieu thereof
‘‘while developing the option to deploy’’; and
(B) in paragraph (3), by inserting ‘‘, as
appropriate,’’ before ‘‘to friends and allies of
the United States’’.
(2) Section 232(b) is amended—
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(A) in paragraphs (1) and (2), by striking
out ‘‘the Soviet Union’’ and inserting in lieu
thereof ‘‘Russia’’; and
(B) in paragraph (2), by striking out
‘‘Treaty, to include the down-loading of mul-
tiple warhead ballistic missiles’’ and inserting in
lieu thereof ‘‘Treaties, to include the down-load-
ing of multiple warhead ballistic missiles, as ap-
propriate’’.
(3) Section 233(b) is amended—
(A) in paragraph (1), by inserting ‘‘in
compliance with the ABM Treaty’’ after ‘‘for
deployment’’;
(B) by striking out paragraph (2) and in-
serting in lieu thereof the following:
‘‘(2) INITIAL
ABM
DEPLOYMENT.—The Sec-
retary shall develop, at an appropriate pace, a cost-
effective, operationally effective, and ABM Treaty-
compliant anti-ballistic missile system for potential
deployment at a single site. The Secretary shall en-
sure that components of such system are themselves
in compliance with the ABM Treaty.’’; and
(C) by striking out paragraph (3).
(4) Subsection (c) of section 233 is amended to
read as follows:
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‘‘(c) PRESIDENTIAL ACTIONS.—Congress urges the
President to pursue immediate discussions with Russia on
the feasibility and mutual interest of amendments to the
ABM Treaty to permit clarification of the distinctions for
the purposes of the ABM Treaty between theater missile
defenses and anti-ballistic missile defenses, including
interceptors and radars.’’.
(5) Section 234 is amended to read as follows:
‘‘SEC. 234. MANAGEMENT RESPONSIBILITY FOR RESEARCH
AND DEVELOPMENT OF FAR-TERM FOLLOW-
ON TECHNOLOGIES.
‘‘(a) MANAGEMENT
RESPONSIBILITY.—The Sec-
retary of Defense shall provide that management and
budget responsibility for research and development of any
far-term follow-on technology relating to ballistic missile
defense shall be provided through the Advanced Research
Projects Agency or the appropriate military department.
‘‘(b) WAIVER
AUTHORITY.—The Secretary may
waive the provisions of subsection (a) in the case of a par-
ticular far-term follow-on technology that on December 5,
1991, was under the Strategic Defense Initiative Organi-
zation and provide that management and budget respon-
sibility for research and development of that technology
shall be provided through the Ballistic Missile Defense Or-
ganization if the Secretary determines, and certifies to the
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congressional defense committees, that providing manage-
ment and budget responsibility for research and develop-
ment of that technology as provided in subsection (a)
would not be in the national security interests of the
United States.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘far-term follow-on technology’ means a technology
that is not likely to be incorporated into a weapon system
before 2008.’’.
(6) Section 235 is amended—
(A) by striking out ‘‘Strategic Defense Ini-
tiative’’ in subsections (a) and (b) and inserting
in lieu thereof ‘‘Ballistic Missile Defense pro-
gram’’; and
(B) by striking out the section heading and
inserting in lieu thereof the following:
‘‘SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE
DEFENSE PROGRAM.’’.
(7) Section 236(c) is amended by striking out
‘‘Strategic Defense Initiative Organization’’ and in-
serting in lieu thereof ‘‘Ballistic Missile Defense Or-
ganization’’.
(8) Section 238 is amended—
(A) by striking out ‘‘As deployment’’ and
inserting in lieu thereof ‘‘As time for a decision
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concerning exercising the option for deploy-
ment’’; and
(B) by striking out ‘‘to the deployment
date’’.
SEC. 235. PATRIOT ADVANCED CAPABILITY–3 THEATER
MISSILE DEFENSE SYSTEM.
(a) COMPETITION FOR MISSILE SELECTION.—The
Secretary of Defense shall continue the strategy being car-
ried out by the Ballistic Missile Defense Organization as
of July 1, 1993, for selection of the best technology (in
terms of cost, schedule, risk, and performance) to meet
the missile requirements for the Patriot Advanced Capa-
bility–3 (PAC–3) theater missile defense system. That
strategy, consisting of flight testing, ground testing, sim-
ulations, and other analyses of the two competing missiles
(the Patriot Multimode Missile and the Extended Range
Interceptor (ERINT) missile), shall be continued until the
Secretary determines that the Ballistic Missile Defense
Organization has adequate information upon which to
base a decision as to which missile will be selected to pro-
ceed into the Engineering and Manufacturing Develop-
ment stage.
(b) FUNDS
FOR DEMONSTRATION
AND VALIDA-
TION.—Of the funds authorized to be appropriated by sec-
tion 201 for the Ballistic Missile Defense Organization—
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(1) not less than $44,100,000 shall be available
for demonstration and validation purposes for the
Patriot Multimode Missile program;
(2) not less than $55,900,000 shall be available
for demonstration and validation purposes for the
Extended Range Interceptor program; and
(3) not less than $52,700,000 shall be available
for demonstration and validation and for the Engi-
neering and Manufacturing Development stage for
the system selected and for appropriate risk mitiga-
tion activities.
(c) IMPLICATIONS OF DELAY.—If there is a delay
(based upon the schedule in effect in mid-1993) in the
selection described in subsection (a) of the missile for the
Patriot Advanced Capability–3 system, the Secretary of
Defense shall ensure that demonstration and validation of
both competing systems can continue as needed to support
an informed decision for such selection.
SEC. 236. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC
MISSILE SYSTEMS OR COMPONENTS TO BE
CARRIED OUT IN ACCORDANCE WITH TRADI-
TIONAL INTERPRETATION OF ANTI-BALLIS-
TIC MISSILE TREATY.
(a) LIMITATION.—Funds appropriated to the Depart-
ment of Defense for fiscal year 1994, or otherwise made
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available to the Department of Defense from any funds
appropriated for fiscal year 1994 or for any fiscal year
before 1994, may not be obligated or expended—
(1) for any development or testing of anti-bal-
listic missile systems or components except for devel-
opment and testing consistent with the interpreta-
tion of the 1972 ABM Treaty set forth in the enclo-
sure to the July 13, 1993, ACDA letter; or
(2) for the acquisition of any material or equip-
ment (including any long lead materials, compo-
nents, piece parts, test equipment, or any modified
space launch vehicle) required or to be used for the
development or testing of anti-ballistic missile sys-
tems or components, except for material or equip-
ment required for development or testing consistent
with the interpretation of the 1972 ABM Treaty set
forth in the enclosure to the July 13, 1993, ACDA
letter.
(b) EXCEPTION.—The limitation under subsection
(a) shall not apply to funds transferred to or for the use
of the Ballistic Missile Defense Organization for fiscal
year 1994 if the transfer is made in accordance with sec-
tion 1001 of this Act.
(c) DEFINITION.—In this section, the term ‘‘July 13,
1993, ACDA letter’’ means the letter dated July 13, 1993,
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from the Acting Director of the Arms Control and Disar-
mament Agency to the chairman of the Committee on For-
eign Relations of the Senate relating to the correct inter-
pretation of the 1972 ABM Treaty and accompanied by
an enclosure setting forth such interpretation.
SEC. 237. THEATER MISSILE DEFENSE ROAD MAP.
(a) INTEGRATION AND COMPATIBILITY.—In carrying
out the Theater Missile Defense Initiative, the Secretary
of Defense shall—
(1) seek to maximize the use of existing sys-
tems and technologies; and
(2) seek to promote joint use by the military
departments of existing and future ballistic missile
defense equipment (rather than each military de-
partment developing its own systems that would
largely overlap in their capabilities).
The Secretaries of the military departments shall seek the
maximum integration and compatibility of their ballistic
missile defense systems as well as of the respective roles
and missions of those systems.
(b) TMD ANALYSIS.—The Secretary of Defense shall
submit to Congress a report containing a thorough and
complete analysis of the future of theater missile defense
programs. The analysis shall include the following:
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(1) A description of the mission and scope of
Theater Missile Defense.
(2) A description of the role of each of the
Armed Forces in Theater Missile Defense.
(3) A description of how those roles interact
and complement each other.
(4) An evaluation of the cost and relative effec-
tiveness of each interceptor and sensor under devel-
opment as part of a Theater Missile Defense system
by the Ballistic Missile Defense Organization.
(5) An analysis and comparison of the projected
life-cycle costs of each Theater Missile Defense sys-
tem intended for production (shown separately for
research, development, test, and evaluation, for pro-
curement, for operation and maintenance, and for
personnel costs for each element).
(6) Specification of the baseline production rate
for each year of the program through completion of
procurement.
(7) Estimation of the unit cost and capabilities
of each element.
(c) DESCRIPTION OF TESTING PROGRAM.—The Sec-
retary of Defense shall include in the report under sub-
section (b) a description of the current and projected test-
ing program for theater missile defense systems and major
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components. The report shall include an evaluation of the
adequacy of the testing program to simulate conditions
similar to those the systems and components would actu-
ally be expected to encounter if and when deployed (such
as the ability to track and engage multiple targets with
multiple interceptors, to discriminate targets from decoys
and other incoming objects, and to be employed in a shoot-
look-shoot firing mode).
(d) RELATIONSHIP TO ARMS CONTROL TREATIES.—
The Secretary shall include in the report under subsection
(b) a statement of how production and deployment of any
projected Theater Missile Program will conform to exist-
ing Anti-Ballistic Missile Treaty and Intermediate Nuclear
Forces Treaty Regimes. The report shall describe any po-
tential noncompliance with either Regime, when such non-
compliance is expected to occur, and whether provisions
need to be renegotiated within that Regime to address fu-
ture contingencies.
(e) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted as part of the next
annual report of the Secretary submitted to Congress
under section 224 of Public Law 101–189 (10 U.S.C.
2431 note).
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SEC. 238. ADDITIONAL BMD PROGRAMS.
(a) NAVAL THEATER MISSILE DEFENSE.—Of the
amount provided under section 201 for Theater Missile
Defense, $102,000,000 shall be available to support the
aggressive exploration of the Navy Upper Tier concept for
Naval Theater Missile Defense, including cost-effective
systems and upgrades to existing systems that can be
fielded more quickly than new systems.
(b) ACCELERATED ADVANCED TECHNOLOGY DEM-
ONSTRATION PROGRAM.—The Secretary of Defense, act-
ing through the Director of the Theater Missile Defense
Initiative, shall initiate during fiscal year 1994 an acceler-
ated Advanced Technology Demonstration program to
demonstrate the technical feasibility of using the Navy’s
Standard Missile combined with a kickstage rocket motor
and Lightweight Exoatmospheric Projectile (LEAP) as a
near-term option for cost-effective wide-area Theater Mis-
sile Defense.
SEC. 239. REPORT ON NATIONAL MISSILE DEFENSE COST.
(a) REPORT REQUIRED.—The Secretary of Defense
shall submit to Congress a report setting forth a full and
thorough estimation of the cost of deploying a National
Defense System at Grand Forks, North Dakota. The Sec-
retary shall include in the report—
(1) the projected life-cycle costs of each system
intended for production as part of such National De-
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fense System, including a ground-based radar sys-
tem, the system known as ‘‘Brilliant Eyes’’, and a
ground-based interceptor system; and
(2) with respect to each such system, a separate
statement of those costs for (A) research, develop-
ment, test, and evaluation, (B) procurement, (C) de-
ployment and launch activities, (D) operation and
maintenance, and (E) personnel.
(b) SUBMISSION.—The report required under sub-
section (a) shall be submitted as part of the next annual
report of the Secretary submitted to Congress under sec-
tion 224 of Public Law 101–189 (10 U.S.C. 2431 note).
SEC. 240. THEATER MISSILE DEFENSE INTERCEPTOR TEST-
ING.
The Secretary of Defense may not approve a theater
missile defense interceptor program proceeding into the
Low-Rate Initial Production (Milestone III) acquisition
stage until the Secretary certifies to the congressional de-
fense committees in writing that the Secretary has con-
ducted more than two realistic live-fire tests, consistent
with section 2366 of title 10, United States Code, involv-
ing multiple interceptors and multiple targets in the pres-
ence of realistic countermeasures the results of which dem-
onstrate the achievement by the interceptors of the single-
shot probability-of-kill specified in the system baseline de-
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scription established pursuant to section 2435(a)(1)(A) of
title 10, United States Code, before the program entered
full-scale engineering development.
SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) ENDORSEMENT
OF COOPERATIVE RESEARCH
AND DEVELOPMENT.—Congress reiterates its endorse-
ment (previously stated in section 225(a)(5) of Public Law
101–510 (104 Stat. 1515) and section 241(a) of Public
Law 102–190 (105 Stat. 1326)) of a continuing program
of cooperative research and development, jointly funded by
the United States and Israel, on the Arrow Tactical Anti-
Missile program.
(b) PROGRAM GOAL.—The goal of the cooperative
program is to demonstrate the feasibility and practicality
of the Arrow system and to permit the government of Is-
rael to make a decision on its own initiative regarding de-
ployment of that system without financial participation by
the United States beyond the research and development
stage.
(c) ARROW CONTINUING EXPERIMENTS.—The Sec-
retary of Defense, from amounts appropriated to the De-
partment of Defense pursuant to section 201 for Defense-
wide activities and available for the Ballistic Missile De-
fense Organization, shall fully fund the United States con-
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tribution to the fiscal year 1994 Arrow Continuing Experi-
ments program at the level of $56,400,000.
(d) ARROW DEPLOYABILITY INITIATIVE.—(1) Sub-
ject to paragraph (2), the Secretary of Defense may obli-
gate from funds appropriated pursuant to section 201 up
to $25,000,000 for the purpose of research and develop-
ment of technologies associated with deploying the Arrow
missile in the future (including technologies associated
with battle management, lethality, system integration, and
test bed systems).
(2) Funds may not be obligated for the purpose stat-
ed in paragraph (1) unless the President certifies to Con-
gress that—
(A) the United States and the government of
Israel have entered into an agreement governing the
conduct and funding of research and development
projects for the purpose stated in paragraph (1);
(B) each project in which the United States will
join under that agreement (i) will have a benefit for
the United States, and (ii) has not been barred by
other congressional direction;
(C) the Arrow missile has successfully com-
pleted a flight test in which it intercepted a target
missile under realistic test conditions; and
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(D) the government of Israel is continuing, in
accordance with its previous public commitments, to
adhere to export controls pursuant to the Guidelines
and Annex of the Missile Technology Control Re-
gime.
(e) SENSE OF CONGRESS ON EXPEDITING TEST PRO-
GRAM.—It is the sense of Congress that, in order to expe-
dite the test program for the Arrow missile, the United
States should seek to initiate with the government of Is-
rael discussions on the agreement referred to in subsection
(d)(2)(A) without waiting for the condition specified in
subsection (d)(2)(C) to be met first.
SEC. 242. EXTENSION OF PROHIBITION ON TESTING MID-IN-
FRARED 
ADVANCED 
CHEMICAL 
LASER
AGAINST AN OBJECT IN SPACE.
The Secretary of Defense may not carry out a test
of the Mid-Infrared Advanced Chemical Laser (MIRACL)
transmitter and associated optics against an object in
space during 1994 unless such testing is specifically au-
thorized by law.
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SEC. 243. TECHNICAL AMENDMENTS TO REFLECT REDESIG-
NATION OF STRATEGIC DEFENSE INITIATIVE
ORGANIZATION.
Section 224 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431
note) is amended—
(1) by striking out ‘‘Strategic Defense Initia-
tive’’ each place it appears (other than in subsection
(b)(5)) and inserting in lieu thereof ‘‘Ballistic Mis-
sile Defense program’’;
(2) by striking out ‘‘Strategic Defense Initia-
tive’’ in subsection (b)(5) and inserting in lieu there-
of ‘‘Ballistic Missile Defense’’;
(3) by striking out ‘‘SDI’’ each place it appears
and inserting in lieu thereof ‘‘BMD’’; and
(4) by striking out the section heading and in-
serting in lieu thereof the following:
‘‘SEC. 224. ANNUAL REPORT ON BALLISTIC MISSILE DE-
FENSE PROGRAM.’’.
SEC. 244. CLEMENTINE SATELLITE PROGRAM.
(a) FINDING.—The Congress finds that the program
of the Ballistic Missile Defense Organization within the
Follow-on programs program element that is known as the
‘‘Clementine’’ program, consisting of a satellite space
project that will, among other matters, provide valuable
information about asteroids in the vicinity of Earth, rep-
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resents an important opportunity for transfer of Depart-
ment of Defense technology for civilian purposes and
should be supported.
(b) CONGRESSIONAL VIEWS.—The Congress urges
the Secretary of Defense—
(1) to consider funding for the Clementine pro-
gram to be a priority within the Ballistic Missile De-
fense Organization Follow-on programs program ele-
ment and to provide funds for that program at ap-
propriate levels; and
(2) to identify an appropriate management
structure within either the Advanced Research
Projects Agency or one of the military departments
to which the Clementine program and related pro-
grams of general applicability to civilian, commer-
cial, and military space programs might be trans-
ferred.
SEC. 245. TACTICAL AND THEATER MISSILE DEFENSES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Systems to provide effective defense against
theater and tactical ballistic missiles that may be de-
veloped and deployed by the United States have the
potential to make equal or greater contributions to
the national security interests of nations that are al-
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lies of the United States as they do to the national
security interests of the United States.
(2) The cost of developing and deploying a
broad spectrum of such systems will be several tens
of billions of dollars.
(3) A truly cooperative approach to the develop-
ment and deployment of such systems could substan-
tially reduce the financial burden of such an under-
taking to any one country and would tap additional
sources of technological expertise.
(4) While recent statements of nations that are
allies of the United States have expressed a desire
for greater involvement in United States tactical
missile defense efforts, those nations are unlikely to
support programs for theater missile defense devel-
opment and deployment unless, at a minimum, they
can play a meaningful role in the planning and exe-
cution of such programs, including active participa-
tion in research and development and production of
the systems involved.
(5) Given the high cost of developing theater
ballistic missile defense systems, allied participation
in tactical missile defense efforts would result in
substantial savings to the United States.
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(b) PLAN AND REPORTS.—(1) The Secretary of De-
fense shall develop a plan to coordinate development and
implementation of Theater Missile Defense programs of
the United States with that of its allies, in order to avoid
duplication of effort, to increase interoperability, and to
reduce costs. The plan shall set forth in detail any finan-
cial, in-kind, or other form of participation in cooperative
efforts to plan, develop, produce, and deploy theater ballis-
tic missile defenses for the mutual benefit of the countries
involved.
(2) The Secretary shall submit to Congress a report
on the plan developed under paragraph (1). The report
shall be submitted in both classified and unclassified ver-
sions, as appropriate, and may be submitted as a compo-
nent of the next annual Ballistic Missile Defense Organi-
zation report to Congress.
(3) The Secretary shall include in each annual Ballis-
tic Missile Defense Organization report to Congress a re-
port on steps taken to implement the plan developed under
paragraph (1). Each such report shall set forth the status
of discussions with United States allies for the purposes
stated in that paragraph and the status of contributions
by those allies to the Theater Missile Defense Cooperation
Account, shown separately for each allied country covered
by the plan.
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(c) RESTRICTION ON FUNDS.—Of the total amount
appropriated pursuant to authorizations in this Act for
theater ballistic missile defenses programs, not more than
80 percent may be obligated until—
(1) the report under subsection (b)(2) is sub-
mitted to Congress; and
(2) the President certifies in writing to Con-
gress that each of the NATO allies, Japan, Israel,
South Korea, and any other country that the Presi-
dent considers appropriate have been formally con-
tacted concerning the matters described in the re-
port.
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that, whenever the United States deploys theater
ballistic missile defenses to protect another country, or the
military forces of another country, that has not provided
financial or in-kind support for development of theater
ballistic missile defenses, the United States should con-
sider whether it is appropriate to seek reimbursement
from that country to cover at least the incremental cost
of such deployment.
(e) REQUIREMENT TO ESTABLISH ANNUAL TMD
LEVEL.—The Congress shall establish by law for each fis-
cal year (beginning with fiscal year 1995) the level of new
obligational authority (stated as a single dollar amount)
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for research, development, test, and evaluation and for
procurement for theater missile defense programs of the
Department of Defense for that fiscal year.
(f) ALLIED PARTICIPATION IN TMD.—Congress en-
courages greater participation by United States allies, and
particularly by those nations that would benefit most from
Theater Missile Defense systems, in cooperative Theater
Missile Defense efforts with the United States.
(g) FUND FOR ALLIED CONTRIBUTIONS.—(1) Chap-
ter 155 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 2609. Theater Missile Defense: acceptance of con-
tributions from allies; Theater Missile De-
fense Cooperation Account
‘‘(a) ACCEPTANCE AUTHORITY.—The Secretary of
Defense may accept from any allied foreign government
or any international organization any contribution of
money made by such foreign government or international
organization for use by the Department of Defense for
Theater Missile Defense programs.
‘‘(b) ESTABLISHMENT OF THEATER MISSILE DE-
FENSE COOPERATION ACCOUNT.—(1) There is established
in the Treasury a special account to be known as the ‘The-
ater Missile Defense Cooperation Account’.
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‘‘(2) Contributions accepted by the Secretary of De-
fense under subsection (a) shall be credited to the Ac-
count.
‘‘(c) USE OF THE ACCOUNT.—(1) Funds in the Ac-
count are hereby made available for obligation for re-
search, development, test, and evaluation, and for procure-
ment, for Theater Missile Defense programs of the De-
partment of Defense.
‘‘(d) INVESTMENT OF MONEY.—(1) Upon request by
the Secretary of Defense, the Secretary of the Treasury
may invest money in the Account in securities of the Unit-
ed States or in securities guaranteed as to principal and
interest by the United States.
‘‘(2) Any interest or other income that accrues from
investment in securities referred to in paragraph (1) shall
be deposited to the credit of the Account.
‘‘(e) NOTIFICATION OF CONDITIONS.—The Secretary
of Defense shall notify Congress of any condition imposed
by the donor on the use of any contribution accepted by
the Secretary under the authority of this section.
‘‘(f) ANNUAL AUDIT
BY GAO.—The Comptroller
General of the United States shall conduct an annual
audit of money accepted by the Secretary of Defense
under this section and shall submit a copy of the results
of each such audit to Congress.
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‘‘(g) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2609. Theater Missile Defense: acceptance of contributions from allies; Thea-
ter Missile Defense Cooperation Account.’’.
Subtitle D—Women’s Health
Research
SEC. 251. DEFENSE WOMEN’S HEALTH RESEARCH CENTER.
(a) ESTABLISHMENT OF CENTER.—(1) Chapter 139
of title 10, United States Code, is amended by inserting
after section 2358 the following new section:
‘‘§ 2359. Defense Women’s Health Research Center
‘‘(a) ESTABLISHMENT OF THE CENTER.—The Sec-
retary of Defense shall establish a Defense Women’s
Health Research Center (hereinafter in this section re-
ferred to as the ‘Center’) in the Department of the Army.
The Center shall be under the authority of the Army
Health Services Command.
‘‘(b) PURPOSES.—(1) The Center shall be the coordi-
nating agent for multidisciplinary and multiinstitutional
research within the Department of Defense on women’s
health issues related to service in the armed forces. The
Center shall be dedicated to development and application
of new knowledge, procedures, techniques, training, and
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equipment for the improvement of the health of women
in the armed forces.
‘‘(2) In carrying out or sponsoring research studies,
the Center shall provide that the cohort of women in the
armed forces shall be considered as control groups.
‘‘(3) The Center shall support the goals and objec-
tives recognized by the Department of Defense under the
plan of the Department of Health and Human Services
designated as ‘Healthy People 2000’.
‘‘(4) The Center shall support initiation and expan-
sion of research into matters relating to women’s health
in the military, including the following matters as they re-
late to women in the military:
‘‘(A) Combat stress and trauma.
‘‘(B) Exposure to toxins and other environ-
mental hazards associated with military hardware.
‘‘(C) Psychology related stresses in warfare sit-
uations.
‘‘(D) Breast cancer.
‘‘(E) Reproductive health, including pregnancy.
‘‘(F) Gynecological cancers.
‘‘(G) Infertility and sexually transmitted dis-
eases.
‘‘(H) HIV and AIDS.
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‘‘(I) Mental health, including post-traumatic
stress disorder and depression.
‘‘(J) Menopause, osteoporosis, Alzheimer’s dis-
ease, and other conditions and diseases related to
aging.
‘‘(K) Substance abuse.
‘‘(L) Sexual violence and related trauma.
‘‘(M) Human factor studies related to women in
combat.
‘‘(c) REQUIREMENTS RELATING TO ESTABLISHMENT
OF CENTER.—The Center may be established only at a
facility of the Army in existence on July 1, 1993, having
the following characteristics:
‘‘(1) A physical plant immediately available to
serve as headquarters for the medical activities to be
carried out by the Center.
‘‘(2) Ongoing fellowship and residency pro-
grams colocated with ongoing collaborative health-re-
lated and interdisciplinary research of (A) a facility
of the Department of Veterans Affairs, (B) an ac-
credited university with specialties in medical re-
search and clinical diagnostics, and (C) a hospital
owned and operated by a municipality.
‘‘(3) A technologically modern laboratory capa-
bility at the site and at the affiliated sites referred
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to in paragraph (2), with the capability to include
state-of-the-art clinical diagnostic instrumentation,
data processing, telecommunication, and data stor-
age systems.
‘‘(4) Compatibility with and capability to effec-
tively expand its existing mission in accordance with
the mission of the Center under this section.
‘‘(5) Maximum multi-State geographic jurisdic-
tion to permit regional health-related issues to be re-
searched and integrated into national military
databases.
‘‘(6) An existing relationship for the provision
of services to Native Americans through the Indian
Health Service.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2358 the following new item:
‘‘2359. Defense Women’s Health Research Center.’’.
(b) IMPLEMENTATION PLAN.—The Secretary of De-
fense, acting through the Secretary of the Army and in
coordination with the other military departments, shall
prepare a plan for the implementation of section 2359 of
title 10, United States Code, as added by subsection (a).
The plan shall be submitted to the Committees on Armed
Services of the Senate and House of Representatives be-
fore May 1, 1994.
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(c) ACTIVITIES FOR FISCAL YEAR 1994.—During fis-
cal year 1994, the Center established under section 2359
of title 10, United States Code, as added by subsection
(a), shall address the following:
(1) Program planning, infrastructure develop-
ment, baseline information gathering, technology in-
fusion, and connectivity.
(2) Management and technical staffing.
(3) Data base development of health issues re-
lated to service on active duty as compared to serv-
ice in the National Guard or Reserves.
(4) Research protocols, cohort development,
health surveillance and epidemiologic studies.
(d) FUNDING.—Of the funds authorized to be appro-
priated in section 201, $40,000,000 shall be available only
for the establishment of the Center and to complete the
planning, staffing, and infrastructure development leading
to full operation of the Center by 1995.
SEC. 252. CONTINUATION OF ARMY BREAST CANCER RE-
SEARCH PROGRAM.
During fiscal year 1994, the Secretary of the Army
shall continue the breast cancer research program estab-
lished in the second and third provisos in the paragraph
in title IV of the Department of Defense Appropriations
Act, 1993 (Public Law 102–396; 106 Stat. 1890) under
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the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, ARMY’’.
SEC. 253. INCLUSION OF WOMEN AND MINORITIES IN CLIN-
ICAL RESEARCH PROJECTS.
(a) GENERAL RULE.—In conducting or supporting
clinical research, the Secretary of Defense shall ensure
that—
(1) women who are members of the Armed
Forces are included as subjects in each project of
such research; and
(2) members of minority groups who are mem-
bers of the Armed Forces are included as subjects
of such research.
(b) WAIVER AUTHORITY.—The requirement in sub-
section (a) regarding women and members of minority
groups who are members of the Armed Forces may be
waived by the Secretary of Defense with respect to a
project of clinical research if the Secretary determines that
the inclusion, as subjects in the project, of women and
members of minority groups, respectively—
(1) is inappropriate with respect to the health
of the subjects;
(2) is inappropriate with respect to the purpose
of the research; or
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(3) is inappropriate under such other cir-
cumstances as the Secretary of Defense may des-
ignate.
(c) REQUIREMENT FOR ANALYSIS OF RESEARCH.—
In the case of a project of clinical research in which women
or members of minority groups will under subsection (a)
be included as subjects of the research, the Secretary of
Defense shall ensure that the project is designed and car-
ried out so as to provide for a valid analysis of whether
the variables being tested in the research affect women
or members of minority groups, as the case may be, dif-
ferently than other persons who are subjects of the re-
search.
SEC. 254. REPORT ON RESEARCH RELATING TO FEMALE
MEMBERS OF THE UNIFORMED SERVICES
AND FEMALE COVERED BENEFICIARIES.
Not later than July 1 of each of 1995, 1996, and
1997, the Secretary of Defense shall submit to Congress
a report containing—
(1) a description (as of May 31 of the year in
which the report is submitted) of the status of any
health research that is being carried out by or under
the jurisdiction of the Secretary relating to female
members of the uniformed services and female cov-
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ered beneficiaries under chapter 55 of title 10, Unit-
ed States Code; and
(2) recommendations of the Secretary as to fu-
ture health research (including a proposal for any
legislation relating to such research) relating to such
female members and covered beneficiaries.
Subtitle E—Other Matters
SEC. 261. REPEAL OF REQUIREMENT FOR STUDY BY OF-
FICE OF TECHNOLOGY ASSESSMENT.
Section 802(c) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1414; 10 U.S.C. 2372 note) is repealed.
SEC. 262. COMPREHENSIVE INDEPENDENT STUDY OF NA-
TIONAL CRYPTOGRAPHY POLICY.
(a) STUDY BY NATIONAL RESEARCH COUNCIL.—Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall request the National
Research Council of the National Academy of Sciences to
conduct a comprehensive study of cryptographic tech-
nologies and national cryptography policy. The study shall
assess the effect of cryptographic technologies on national
security interests of the United States Government, on
commercial interests of United States industry, and on
privacy interests of United States citizens.
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(b) INTERAGENCY COOPERATION WITH STUDY.—
The Secretary of Defense shall direct the National Secu-
rity Agency, the Advanced Research Projects Agency, and
other appropriate agencies of the Department of Defense
to cooperate fully with the National Research Council in
its activities in carrying out the study under this section.
The Secretary shall request all other appropriate Federal
departments and agencies to provide similar cooperation
to the National Research Council.
(c) FUNDING.—Of the amount authorized to be ap-
propriated in section 201 for Defense-wide activities,
$800,000 shall be available for the study under this sec-
tion.
(d) REPORT.—The National Research Council shall
complete the study and submit to the Secretary of Defense
a report on the study within approximately two years after
full processing of security clearances under subsection (e).
The report on the study shall set forth the Council’s find-
ings and conclusions and the recommendations of the
Council for improvements in cryptography policy and pro-
cedures. The Secretary shall submit the report to the
Committees on Armed Services of the Senate and House
of Representatives in unclassified form, with classified an-
nexes as necessary, not later than 120 days after the day
on which the report is submitted to the Secretary.
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(e) EXPEDITED PROCESSING OF SECURITY CLEAR-
ANCES FOR STUDY.—For the purpose of facilitating the
commencement of the study under this section, the Sec-
retary of Defense shall expedite to the fullest degree pos-
sible the processing of security clearances that are nec-
essary for the National Research Council to conduct the
study.
SEC. 263. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH
AND DEVELOPMENT CATEGORIES.
(a) REVIEW REQUIRED.—The Secretary of Defense
shall carry out a review of the general content of the re-
search and development categories of the Department of
Defense designated as 6.3, 6.4, 6.5, and 6.6, including a
review of the criteria for assigning programs to those cat-
egories. The review shall examine the assignment of cur-
rent programs to those categories for the purpose of en-
suring that those programs are correctly categorized and
assigned program element numbers in accordance with ex-
isting Department of Defense policy.
(b) RESPONSIBLE OFFICIAL.—The Secretary of De-
fense shall designate an official within the Office of the
Secretary of Defense to be responsible for monitoring and
periodically reviewing program elements for proper cat-
egorization to the categories specified in subsection (a).
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(c) REPORT.—The Secretary shall include with the
budget materials for fiscal year 1995 submitted to Con-
gress by the Secretary in support of the President’s budg-
et for that year a report on the implementation of this
section. The report (1) shall include a certification (or an
explanation of why the Secretary cannot certify) that cur-
rent research and development programs are correctly cat-
egorized as described in subsection (a), and (2) shall speci-
fy the official designated under subsection (b).
SEC. 264. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT
RESPONSIBILITY FOR NAVY MINE COUNTER-
MEASURES PROGRAM.
Section 216 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1317) is amended by striking out ‘‘during
fiscal years 1994 through 1997’’ in subsection (a) and in-
serting in lieu thereof ‘‘during fiscal years 1995 through
1997’’.
SEC. 265. STRATEGIC ENVIRONMENTAL RESEARCH AND DE-
VELOPMENT PROGRAM.
(a) COMPOSITION OF COUNCIL.—Section 2902(b) of
title 10, United States Code, is amended—
(1) by striking out ‘‘thirteen members’’ and in-
serting in lieu thereof ‘‘fourteen members’’;
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(2) in paragraph (1), by striking out ‘‘Assistant
Secretary of Defense responsible for matters relating
to production and logistics’’ and inserting in lieu
thereof ‘‘Deputy Under Secretary of Defense for En-
vironmental Security’’;
(3) by redesignating paragraphs (9) and (10)
as paragraphs (10) and (11), respectively; and
(4) by inserting after paragraph (8) the follow-
ing new paragraph (9):
‘‘(9) The Administrator of the National Oceanic
and Atmospheric Administration.’’.
(b) JOINT PROJECTS.—Section 2902(e)(6) of such
title is amended by striking out ‘‘and the Administrator
of the Environmental Protection Agency,’’ and inserting
‘‘the Administrator of the Environmental Protection
Agency, and the Administrator of the National Oceanic
and Atmospheric Administration,’’.
SEC. 266. AUTHORIZED USE FOR FACILITY CONSTRUCTED
WITH PRIOR DEFENSE GRANT FUNDS.
The plasma are facilities constructed using funds pro-
vided under grants made to the South Carolina Research
Authority from amounts appropriated in the Department
of Defense Appropriations Act, 1988 (Public Law 100–
463), and the Department of Defense Appropriations Act,
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1991 (Public Law 101–511), may be equipped and oper-
ated as prototype materials processing facilities.
SEC. 267. GRANT TO SUPPORT ESTABLISHMENT OF RE-
SEARCH FACILITY TO STUDY LOW-LEVEL
CHEMICAL SENSITIVITIES.
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall make a grant in the amount of $1,200,000 to
a medical research institution selected through established
acquisition procedures for the purpose of constructing and
equipping a specialized environmental medical facility at
that institution with the purpose of studying the possible
health effects of exposure to low levels of volatile organic
chemicals and other substances and the individual suscep-
tibility of humans to such exposure under environmentally
controlled conditions, especially among persons who served
on active duty in the Southwest Asia theater of operation
during the Persian Gulf War.
(b) FUNDING SOURCE.—Funds for the grant under
subsection (a) shall be made from amounts appropriated
to the Department of Defense for fiscal year 1994 for re-
search, development, test, and evaluation.
(c) SELECTION CRITERIA.—To be eligible to be se-
lected for a grant under subsection (a), an institution—
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(1) must be affiliated with an accredited hos-
pital and be affiliated with, and in close proximity
to, a Department of Defense medical center and a
Department of Veterans Affairs medical center;
(2) must enter into an agreement with the Sec-
retary of Defense to ensure that research personnel
of those affiliated medical facilities and other rel-
evant Federal personnel may have access to the fa-
cility to carry out research;
(3) must have demonstrated potential or ability
to ensure the participation of scientific personnel
with expertise in research on possible chemical sen-
sitivities to low-level exposure to volatile organic
chemicals and other substances; and
(4) must have immediate access to sophisticated
physiological imaging (including functional brain im-
aging) and other innovative research technology that
could better define the possible health effects of low-
level exposure to volatile organic chemicals and other
substances and lead to new therapies.
SEC. 268. LYME DISEASE PROGRAM.
(a) PROGRAM.—The Secretary of Defense shall carry
out a program relating to Lyme disease. The program
shall be carried out through the Environmental Hygiene
Agency of the Department of the Army. The Secretary
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shall provide that information relating to prevention, de-
tection, or treatment of Lyme disease that is developed
under the program and that may be applicable to the gen-
eral public shall be provided to the Secretary of Health
and Human Services for dissemination to appropriate pub-
lic health authorities through the Public Health Service.
(b) FUNDING.—From funds made available to the
Army for fiscal year 1994 for research, development, test,
and evaluation pursuant to section 201, the sum of
$1,000,000 shall be available for the program under sub-
section (a), of which $500,000 shall be for one-time start-
up costs for equipment, facilities, and software develop-
ment and $500,000 shall be for fiscal year 1994 labor and
operating expenses.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance in amounts as follows:
(1) For the Army, $16,462,610,000.
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(2) For the Navy, $20,102,493,000.
(3) For the Marine Corps, $1,990,139,000.
(4) For the Air Force, $19,788,648,000.
(5) 
For 
Defense-wide 
activities,
$9,069,428,000.
(6) 
For 
Medical 
Programs, 
Defense,
$9,106,685,000.
(7) For the Army Reserve, $1,095,590,000.
(8) For the Naval Reserve, $775,800,000.
(9) 
For 
the 
Marine 
Corps 
Reserve,
$75,050,000.
(10) 
For 
the 
Air 
Force 
Reserve,
$1,354,578,000.
(11) 
For 
the 
Army 
National 
Guard,
$2,223,255,000.
(12) 
For 
the 
Air 
National 
Guard,
$2,665,233,000.
(13) For the National Board for the Promotion
of Rifle Practice, $2,483,000.
(14) For the Defense Inspector General,
$169,001,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $1,109,439,000.
(16) For the Court of Military Appeals,
$5,610,000.
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(17) For Environmental Restoration, Defense,
$2,309,400,000.
(18) For Chemical Agents and Munitions De-
struction, Defense-wide, $308,161,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 1994 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,
$1,091,095,000.
(2) For the National Defense Sealift Fund,
$290,800,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 1994 from the Armed Forces Retirement Home
Trust Fund the sum of $61,890,000 for operation of the
Armed Forces Retirement Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE FUND.
(a) AUTHORITY
TO
TRANSFER
FUNDS.—From
amounts in the National Defense Stockpile Transaction
Fund that the Secretary of Defense determines are not
needed to meet current and estimated future obligations
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under the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98a et seq.), as described in the annual
materials plan submitted on May 28, 1993, for the five-
year period beginning October 1, 1993, the Secretary of
Defense may, to the extent provided in appropriations
Acts, transfer not more than $500,000,000 from the Fund
to appropriations for operation and maintenance for fiscal
year 1994 to be used only for the purpose of reducing the
backlog of maintenance and repair (BMAR).
(b) AVAILABILITY.—Amounts transferred pursuant
to subsection (a) shall be available for obligation until ex-
pended and shall be in addition to any other funds avail-
able for the purpose described in such subsection.
(c) TREATMENT
OF TRANSFER.—Amounts trans-
ferred pursuant to this section shall not increase the
amount authorized to be appropriated in section 301 for
the account to which the amount is transferred.
Subtitle B—Limitations
SEC. 311. NOTIFICATION REQUIREMENT PRIOR TO TRANS-
FER OF CERTAIN FUNDS.
The Secretary of Defense may not transfer funds ap-
propriated to operation and maintenance accounts of the
Department of Defense for air operations, ship operations,
land forces, and combat operations, unless, before the
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transfer, the Secretary notifies the Congress of the trans-
fer and the reasons for the transfer.
SEC. 312. EXTENSION OF LIMITATION ON THE USE OF CER-
TAIN FUNDS FOR PENTAGON RESERVATION.
Section 311(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2364) is amended by striking out ‘‘fiscal year 1993’’ in
paragraphs (1) and (3) and inserting in lieu thereof ‘‘fiscal
years 1993 and 1994’’.
SEC. 313. PROHIBITION ON OPERATION OF THE NAVAL AIR
STATION, BERMUDA.
(a) PROHIBITION.—No funds available to the Depart-
ment of Defense for operation and maintenance may be
used to operate the Naval Air Station, Bermuda.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect 90 days after the date of the enactment of this Act.
SEC. 314. LIMITATION ON THE USE OF APPROPRIATED
FUNDS FOR DEPARTMENT OF DEFENSE GOLF
COURSES.
(a) IN GENERAL.—(1) Subchapter I of chapter 134
of title 10, United States Code, is amended by adding at
the end the following new section:
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‘‘§ 2246. Department of Defense golf courses: limita-
tion on use of appropriated funds
‘‘(a) LIMITATION.—Except as provided in subsection
(b), funds appropriated to the Department of Defense may
not be used to equip, operate, or maintain a golf course
at a facility or installation of the Department of Defense.
‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not
apply to a golf course at a facility or installation outside
the United States or at a facility or installation inside the
United States at a location designated by the Secretary
of Defense as a remote and isolated location.
‘‘(2) The Secretary of Defense shall prescribe regula-
tions governing the use of appropriated funds under this
subsection.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following
new item:
‘‘2246. Department of Defense golf courses: limitation on use of appropriated
funds.’’.
SEC. 315. CODIFICATION OF PROHIBITION ON THE USE OF
CERTAIN COST COMPARISON STUDIES.
(a) IN GENERAL.—Section 2467 of title 10, United
States Code, is amended—
(1) by redesignating subsections (a) and (b) as
subsections (c) and (d), respectively;
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(2) by inserting before subsection (c), as redes-
ignated by paragraph (1), the following new sub-
sections:
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), the Secretary of Defense may not enter into
a contract for the performance of a commercial activity
in any case in which the contract results from a cost com-
parison study conducted by the Department of Defense
under Office of Management and Budget Circular A–76
(or any successor administrative regulation or policy).
‘‘(b) EXCEPTIONS FOR CERTAIN CONTRACTS.—Sub-
section (a) does not apply to—
‘‘(1) a contract to be carried out at a location
outside the United States at which members of the
armed forces would have to be used for the perform-
ance of an activity described in subsection (a) at the
expense of unit readiness; or
‘‘(2) a contract (or the renewal of a contract)
for the performance of an activity under contract on
September 30, 1992.’’; and
(3) in subsection (d)(1), as redesignated by
paragraph (1), by striking out ‘‘Each officer’’ and
inserting in lieu thereof ‘‘In any case in which a
comparison referred to in subsection (c) is con-
ducted, the officer’’.
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(b) CONFORMING AMENDMENTS.—(1) The heading
of such section is amended to read as follows:
‘‘§ 2467. Prohibition on the use of certain cost com-
parison studies’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 146 of such title is
amended to read as follows:
‘‘2467. Prohibition on the use of certain cost comparison studies.’’.
(c) REPEAL.—Section 312 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2365) is repealed.
(d) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on September
30, 1993.
SEC. 316. LOCATION OF CERTAIN PREPOSITIONING FACILI-
TIES.
(a) SITE FOR ARMY PREPOSITIONING MAINTENANCE
FACILITY.—The Secretary of the Army shall establish the
Army Prepositioning Maintenance Facility at Charleston,
South Carolina.
(b) LIMITATION.—During the two-year period begin-
ning on the date of the enactment of this Act, the Sec-
retary of Defense shall ensure that separate but com-
plementary prepositioning facilities are maintained in
Charleston, South Carolina, and Blount Island, Florida,
for the Army and Marine Corps, respectively.
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(c) REPORT BEFORE SUBSEQUENT RELOCATION.—
After the end of such two-year period, any decision by the
Secretary 
of 
the 
Navy 
to 
relocate 
the 
Marine
Prepositioning Forces (MPF) from Blount Island, Jack-
sonville, Florida, may be made only after the Secretary
of Defense has submitted to the Committees on Armed
Services of the Senate and House of Representatives a de-
tailed cost and operational analysis explaining the basis
of the decision for such relocation.
SEC. 317. USE OF FUNDS FOR NAVY DEPOT BACKLOG.
Of the funds authorized to be appropriated under sec-
tion 301(2) for operation and maintenance for the Navy,
$200,000,000 (representing the amount by which the
amount of such funds exceeds the amount specified in the
budget of the President for operation and maintenance for
the Navy for fiscal year 1994) may be used only to de-
crease the backlog of depot-level maintenance and repair.
SEC. 318. LIMITATION ON USE OF FUNDS FOR TRIDENT
SUBMARINE FORCE.
Amounts authorized to be appropriated under section
301(2) that are made available for operation and support
of the trident submarine force may not exceed an amount
that equals the difference between—
(1) the amount in the budget submitted by the
President for fiscal year 1994 (pursuant to section
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1105 of title 31, United States Code) for operation
and support of the trident submarine force; and
(2) $100,000,000.
SEC. 319. LIMITATION ON OBLIGATION OF FUNDS IN CON-
NECTION WITH UPGRADES OR REPAIRS AT
THE ARMY RESERVE FACILITY IN MARCUS
HOOK, PENNSYLVANIA.
(a) LIMITATION ON OBLIGATION OF FUNDS.—Except
as provided in subsection (b), none of the funds appro-
priated for fiscal year 1994 pursuant to an authorization
of appropriations contained in this Act may be obligated
or expended to plan or carry out any upgrade, repair, or
other construction at the Army Reserve Facility in Marcus
Hook, Pennsylvania (in this section referred to as the
‘‘Marcus Hook facility’’), until after the end of the 30 day-
period beginning on the date the Secretary of the Army
submits to the congressional defense committees the re-
port required by subsection (c).
(b) EXCEPTION.—Subsection (a) shall not prohibit
obligations or expenditures of funds in connection with
construction at the Marcus Hook facility if the Secretary
certifies to the congressional defense committees in ad-
vance that the construction is limited to emergency repairs
necessary to continue operations of water craft support at
the Marcus Hook facility.
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(c) REPORT REQUIRED.—The Secretary shall pre-
pare a report evaluating the suitability of alternative sites
within a 100 mile radius of the Marcus Hook facility to
replace the facility. The report shall contain, at a mini-
mum, a detailed accounting of—
(1) required pier and building space and avail-
able building and pier space at each alternative site;
(2) the costs required to operate comparable
spaces at each alternative site;
(3) other users at each alternative site and
their space requirements; and
(4) the assets and liabilities at each alternative
site.
SEC. 320. PROHIBITION ON CONTRACTS WITH THE BAH-
RAIN SHIP REPAIRING AND ENGINEERING
COMPANY FOR SHIP REPAIR.
(a) PROHIBITION.—Notwithstanding section 7299a
of title 10, United States Code, the Secretary of Defense
may not enter into a contract with the Bahrain Ship Re-
pairing and Engineering Company for the overhaul, re-
pair, or maintenance of naval vessels until the Secretary
certifies to the Committees on Armed Services of the Sen-
ate and House of Representatives that at least one of the
following conditions exists:
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(1) The work was unplanned and is of an emer-
gency nature.
(2) There is a compelling national security rea-
son for the work to be done by the Bahrain Ship Re-
pairing and Engineering Company.
(3) The Bahrain Ship Repairing and Engineer-
ing Company initiates legal proceedings, or other
proceedings, to compensate the members of the
Navy killed as a result of the explosion in the engine
room of the U.S.S. Iwo Jima that occurred after the
repair of the U.S.S. Iwo Jima by that company.
(b) APPLICABILITY.—Subsection (a) applies with re-
spect to contracts for the overhaul, repair, or maintenance
of a naval vessel entered into after the date of enactment
of this Act.
SEC. 321. LIMITATION ON CHARTERING OF VESSELS ON
WHICH REFLAGGING OR CONVERSION WORK
HAS BEEN PERFORMED IN A FOREIGN SHIP-
YARD.
Section 2631 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Only vessels’’;
and
(2) by adding at the end the following new sub-
section:
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‘‘(b)(1) The Secretary of Defense may enter into a
time-charter contract for the use of a vessel for the trans-
portation of supplies, in the case of a vessel on which
reflagging or repair work was performed during the two-
year period preceding the date of the award of the pro-
posed charter, only if such work was performed at a ship-
yard in the United States (including any territory of the
United States).
‘‘(2) In paragraph (1), the term ‘reflagging or repair
work’ means work performed on a vessel—
‘‘(A) to enable the vessel to meet applicable
standards to become a vessel of the United States;
or
‘‘(B) to convert the vessel to a more useful mili-
tary configuration.’’.
SEC. 322. ONE-YEAR PROHIBITION ON REDUCTION OF
FORCE STRUCTURE FOR RESERVE COMPO-
NENT SPECIAL OPERATIONS FORCES.
(a) PROHIBITION.—During fiscal year 1994, the Sec-
retary of Defense may not reduce the force structure of
the special operations forces of the reserve components
below the force structure of those forces as of September
30, 1993.
(b) DEFINITION.—In this section, the term ‘‘force
structure’’ means the number and types of units and orga-
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nizations, and the number of authorized personnel spaces
allocated to those units and organizations, in a military
force.
SEC. 323. PROHIBITION ON JOINT USE OF SELFRIDGE AIR
NATIONAL GUARD BASE, MICHIGAN, WITH
CIVIL AVIATION.
The Secretary of the Air Force may not enter into
any agreement that would provide for or permit civil air-
craft to regularly use Selfridge Air National Guard Base
in Harrison Township, Michigan.
SEC. 324. LIMITATION ON USE OF GOVERNMENT FACILI-
TIES FOR CERTAIN MASTER SHIP REPAIR
AGREEMENTS.
(a) LIMITATION.—The only non-Federal Government
entity who may include the use of facilities owned, oper-
ated, or under the jurisdiction of the Department of De-
fense in a bid or solicitation for ship repair activities with
the Department of Defense is an entity referred to in sub-
section (b).
(b) COVERED ENTITIES.—An entity referred to in
subsection (a) is a person who, on or after the date of
the enactment of this Act, holds a master ship repair
agreement with the Department of Defense in the relevant
homeport area.
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Subtitle C—Defense-Wide Funds
SEC. 331. PROHIBITION ON USE OF DEFENSE BUSINESS OP-
ERATIONS FUND.
The Secretary of Defense shall not, after April 15,
1994, manage the performance of any function, activity,
fund, or account of the Department of Defense through
the Defense Business Operations Fund established by sec-
tion 316 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102–190; 105
Stat. 1338)). After April 15, 1994, any management
through a defense-wide fund of functions, activities, funds,
and accounts that were managed through the Defense
Business Operations Fund may be only as provided in sec-
tion 333.
SEC. 332. CLASSIFICATION OF CERTAIN COMPETITIVE AND
NONCOMPETITIVE ACTIVITIES OF THE DE-
PARTMENT OF DEFENSE; NONCOMPETITIVE
RATES BOARD.
(a) CLASSIFICATION ACCORDING TO COMPETITIVE-
NESS.—Not later than April 15, 1994, the Secretary of
Defense shall classify each function, fund, activity, and ac-
count that is managed by the Secretary under a single,
defense-wide fund (including the Defense Business Oper-
ations Fund established in section 316 of the National De-
fense Authorization Act for Fiscal Years 1992 and 1993
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(Public Law 102–190; 105 Stat. 1338)) according to
whether or not the function, fund, activity, or account is
suitable for provision and purchase by the Department of
Defense in a competitive market. The Secretary of De-
fense shall revise a classification under this subsection
whenever the Secretary considers it to be appropriate.
(b) PRICING AND PERFORMANCE OF COMPETITIVE
ACTIVITIES.—The Secretary of Defense shall take any ac-
tion necessary to provide for competitive pricing and active
competition among suppliers for the operation of each
function, fund, activity, or account classified as suitable
for competition under subsection (a).
(c) RATES FOR NONCOMPETITIVE ACTIVITIES.—The
Secretary of Defense shall establish rates and prices, and
standards for the rates and prices, for each function, fund,
activity, or account classified as not suitable for competi-
tion under subsection (a).
(d) NONCOMPETITIVE RATES BOARD.—(1) The Sec-
retary of Defense shall appoint a Noncompetitive Rates
Board (in this section referred to as the ‘‘Board’’) to regu-
larly review the rates, prices, and standards established
under subsection (c).
(2) The Board shall be composed of 3 individuals,
at least one of whom shall have experience in the private-
sector performance of functions, funds, activities, and ac-
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counts classified as not suitable for competition under sub-
section (a).
(3)(A) Each member of the Board shall be paid at
a rate equal to the daily equivalent of the minimum annual
rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which
the member is engaged in the actual performance of the
duties of the Board.
(B) Each member of the Board shall receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(4) The Secretary of Defense shall provide the Board
with the information and the administrative, professional,
and technical support required by the Board to carry out
its duties under this section.
(5) The Board shall annually submit to the congres-
sional defense committees, at the same time as the report
required to be submitted under section 333(i), the results
of reviews conducted under paragraph (1) and the rec-
ommendations of the Board for any legislative and admin-
istrative action the Board considers to be appropriate.
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SEC. 333. COMPETITIVE AND REGULATED BUSINESS OPER-
ATIONS FUNDS.
(a) AUTHORITY
TO
BORROW
FROM
GENERAL
FUND.—To the extent provided in appropriations Acts,
the Secretary of Defense may borrow from the General
Fund of the Treasury such sums as may be necessary to
purchase the assets of the Defense Business Operations
Fund (in this section referred to as the ‘‘DBOF’’) and
to provide for the management of functions, funds, activi-
ties, and accounts referred to in subsection (b).
(b) PURCHASE OF DBOF ASSETS.—With amounts
borrowed under subsection (a), the Secretary of Defense
shall purchase from the DBOF at fair market value—
(1) all assets of each function, fund, activity, or
account managed through the DBOF and classified
under section 332 as suitable to competition; and
(2) all assets of each function, fund, activity, or
account managed through the DBOF and classified
under section 332 as not suitable to competition.
(c) PAYMENT OF DBOF PURCHASE AMOUNTS TO
THE GENERAL FUND.—Amounts received by the DBOF
from the sale of DBOF assets under subsection (b) shall
be deposited in the General Fund of the Treasury.
(d) ESTABLISHMENT OF CBOF AND RBOF.—(1)
There are established in the Treasury of the United States
the following revolving funds:
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(A) The ‘‘Competitive Business Operations
Fund’’ (in this section referred to as the ‘‘CBOF’’).
(B) The ‘‘Regulated Business Operations
Fund’’ (in this section referred to as the ‘‘RBOF’’).
(2) The Secretary of Defense may manage the per-
formance of any function, fund, activity, or account re-
ferred to in subsection (b)(1) through the CBOF. The as-
sets of each such fund, function, activity, or account pur-
chased from the DBOF under such subsection shall be
transferred to and accounted for in the CBOF.
(3) The Secretary of Defense may manage the per-
formance of any function, fund, activity, or account re-
ferred to in subsection (b)(2) through the RBOF. The as-
sets of each such function, fund, activity, or account pur-
chased from the DBOF under such subsection shall be
transferred to and accounted for in the RBOF.
(e) REPAYMENT TO THE GENERAL FUND.—The Sec-
retary of Defense shall repay, out of the CBOF, the
amount of any sums borrowed under subsection (a) and
used to purchase assets for the CBOF. The Secretary of
Defense shall repay, out of the RBOF, the amount of any
sums borrowed under subsection (a) and used to purchase
assets for the RBOF. Interest on the amount borrowed
shall be paid quarterly and shall equal the average quar-
terly rate of interest for funds borrowed by the Treasury.
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The amount of the repayment and interest shall be depos-
ited in the General Fund of the Treasury.
(f) TREATMENT OF NET GAINS AND LOSSES.—(1)
The amount of any net gain from the operation of a func-
tion, fund, activity, or account managed through the
CBOF or the RBOF shall be deposited in the General
Fund of the Treasury.
(2) There are authorized to be appropriated to the
CBOF or the RBOF, as the case may be, such sums as
may be necessary to make up a net loss from the perform-
ance of a function, fund, activity, or account managed
through the CBOF or the RBOF, as the case may be.
(g) SEPARATE ACCOUNTING, REPORTING, AND AU-
DITING.—For purposes of reporting and auditing, the Sec-
retary of Defense shall maintain the separate identity and
separate records (including separate records on net gains
and losses) for each function, fund, activity, or account
managed through the CBOF and the RBOF.
(h) INCLUSION OF OTHER FUNCTIONS IN CBOF AND
RBOF.—The Secretary shall notify the Congress of any
proposal by the Secretary to manage through the CBOF
or the RBOF any function, fund, activity, or account that
is in addition to the functions, fund, activities, and ac-
counts referred to in subsection (b).
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(i) REPORT.—The Secretary of Defense shall submit
to the congressional defense committees, at the same time
the Secretary submits the report required under section
113 of title 10, United States Code, a report on the man-
agement of functions, funds, activities, and accounts
under the CBOF and the RBOF. The report shall
include—
(1) an identification of each function, fund, ac-
tivity, and account that is classified as suitable for
competition under section 332 and managed through
the CBOF;
(2) an identification of each function, fund, ac-
tivity, and account that is classified as not suitable
for competition under section 332 and managed
through the RBOF; and
(3) detailed information on the financial per-
formance and condition of each function, fund, activ-
ity, and account identified under paragraphs (1) and
(2), including information on net gains and losses.
(j) EFFECTIVE DATE.—This section shall take effect
on October 1, 1994.
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SEC. 334. EXTENSION OF LIMITATION ON OBLIGATION
AGAINST DEFENSE BUSINESS OPERATIONS
FUND.
Section 343(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2377) is amended by striking out ‘‘fiscal year 1993’’ both
places it appears and inserting in lieu thereof ‘‘a fiscal
year’’.
Subtitle D—Depot-Level Activities
SEC. 341. DEPARTMENT OF DEFENSE DEPOT TASK FORCE.
(a) ESTABLISHMENT.—The Secretary of Defense
shall appoint a task force to assess the overall perform-
ance and management of depot-level activities of the De-
partment of Defense. The assessment shall include—
(1) an identification of the functions and activi-
ties that are suitable for performance by depot-level
activities of the Department of Defense;
(2) an identification of the functions and activi-
ties that are suitable for performance by non-Gov-
ernment personnel;
(3) an evaluation of the manner and level of
performance of such work; and
(4) an evaluation of how rates, prices, and the
core workload requirements are determined for work
performed by the depot-level activities.
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(b) MEMBERSHIP.—The task force shall be composed
of individuals who are representatives of the Department
of Defense and the private sector and who have expertise
in the management and performance of depot-level activi-
ties.
(c) PAY AND TRAVEL EXPENSES.—(1) Each member
of the task force shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay pay-
able for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (includ-
ing travel time) during which the member is engaged in
the actual performance of the duties of the task force.
(2) Each member of the task force shall receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(d) ADMINISTRATIVE SUPPORT.—The Secretary of
Defense shall provide the task force with the administra-
tive, professional, and technical support required by the
task force to carry out its duties under this section.
(e) REPORT.—Not later than April 1, 1994, the task
force shall submit to the congressional defense committees
the results of the assessment conducted under subsection
(a) and the recommendations of the task for any legisla-
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tive and administrative action the task force considers to
be appropriate.
(f) TERMINATION.—The task force shall terminate
not later than 60 days after submitting its report pursuant
to subsection (e).
SEC. 342. RETENTION OF DEPOT-LEVEL MAINTENANCE
WORKLOAD MANAGEMENT BY THE MILITARY
DEPARTMENTS.
(a) MANAGEMENT OF DEPOT-LEVEL MAINTENANCE
WORKLOAD BY THE MILITARY DEPARTMENTS.—Chapter
146 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 2470. Depot-level maintenance workload: manage-
ment by the military departments
‘‘The Secretary of Defense may not consolidate the
management of the depot-level maintenance workload of
the Department of Defense under a single defense-wide
entity. The management of any such workload for a mili-
tary department shall continue to be carried out by the
Secretary of the military department.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2470. Depot-level maintenance workload: management by the military depart-
ments.’’.
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SEC. 343. CONTINUATION OF CERTAIN PERCENTAGE LIMI-
TATIONS ON THE PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE.
The Secretary of Defense shall ensure that the per-
centage limitations on the performance of depot-level
maintenance of material set forth in section 2466 of title
10, United States Code, are adhered to. The Secretary of
Defense may not enter into a contract for the performance
exclusively by non-Federal Government personnel of any
depot-level maintenance that is not required to be per-
formed by employees of the Department of Defense under
such section unless, prior to selecting the entity to perform
the depot-level maintenance—
(1) the Secretary uses competitive procedures
for the selection; and
(2) where appropriate, depot-level activities of
the Department of Defense are eligible to compete
for the depot-level maintenance.
SEC. 344. PROHIBITION ON PERFORMANCE OF CERTAIN
DEPOT-LEVEL WORK BY FOREIGN CONTRAC-
TORS.
(a) IN GENERAL.—(1) Chapter 146 of title 10, Unit-
ed States Code, as amended by section 342, is amended
by adding at the end the following new section:
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‘‘§ 2471. Prohibition on performance of certain depot-
level work by foreign contractors
‘‘(a) PROHIBITION.—The Secretary of Defense may
not contract for the performance by a person or organiza-
tion described in subsection (b) of any depot-level mainte-
nance work that, in the determination of the Secretary,
could be performed in the United States on a cost-effective
basis and without significant adverse effect on the readi-
ness of the armed forces.
‘‘(b) COVERED PERSONS AND ORGANIZATIONS.—A
person or organization referred to in subsection (a) is a
person or organization—
‘‘(1) which does not perform substantially all of
its activities as part of the ‘national technology and
industrial base’, as such term is defined in para-
graph (1) of section 2491; and
‘‘(2) which is not a citizen or permanent resi-
dent of a country referred to in such paragraph, or,
if applicable, the majority of which is owned or con-
trolled by citizens or permanent residents of any
such country.’’.
(2) The table of sections at the beginning of such
chapter, as amended by section 342, is amended by adding
at the end the following new item:
‘‘2471. Prohibition on performance of certain depot-level work by foreign con-
tractors.’’.
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(b) EFFECTIVE DATE.—Section 2471 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to contracts entered into after the expi-
ration of the 90-day period beginning on the date of the
enactment of this Act.
SEC. 345. MODIFICATION OF LIMITATION ON THE PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE
OF MATERIEL.
(a) MODIFICATION
OF
LIMITATION.—Subsection
(a)(1) of section 2466 of title 10, United States Code, is
amended by striking out ‘‘for the military department or
the Defense Agency’’ and inserting in lieu thereof ‘‘with
respect to each type of materiel or equipment, including
ships, aircraft, ordinance, supply, and land forces, for the
military department and the Defense Agency’’.
(b) REPORT.—Subsection (e) of such section is
amended to read as follows:
‘‘(e) REPORT.—Not later than January 15, 1995, the
Secretary of each military department and, with respect
to the Defense Agencies, the Secretary of Defense shall
jointly submit to the Congress a report describing the
progress during the preceding fiscal year to achieve and
maintain the percentage of depot-level maintenance re-
quired to be performed by employees of the Department
of Defense pursuant to subsection (a).’’.
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SEC. 346. CLARIFICATION OF LIMITATION ON THE PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE
OF MATERIEL FOR NEW WEAPON SYSTEMS.
(a) CLARIFICATION OF LIMITATION.—Subsection (a)
of section 2466 of title 10, United States Code, is amend-
ed by adding at the end the following new paragraph:
‘‘(3) The Secretary concerned shall, within 5 years
after the initial delivery of a weapon system to the Depart-
ment of Defense, provide for the performance by employ-
ees of the Department of Defense of not less than 60 per-
cent of the depot-level maintenance of the weapon sys-
tem.’’.
(b) CONFORMING AMENDMENT.—Paragraph (1) of
such subsection, as amended by section 345(a), is further
amended by striking out ‘‘paragraph (2)’’ and inserting
in lieu thereof ‘‘paragraphs (2) and (3)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to a weapon system
delivered after the date of the enactment of this Act.
SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE
UNITED STATES.
(a) DESCRIPTION OF THE CLAIMS INVOLVED.—This
section applies with respect to any claim of the United
States against an individual which relates to a bonus or
other payment awarded to such individual under a produc-
tivity gainsharing program based on work performed by
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such individual as an employee of the Naval Aviation
Depot, Norfolk, Virginia, after September 30, 1988, and
before October 1, 1992.
(b) WAIVER AUTHORITY AVAILABLE WITHOUT RE-
GARD TO THE AMOUNT INVOLVED.—Notwithstanding the
limitation set forth in section 2774(a)(2)(A) of title 10,
United States Code, any waiver authority under section
2774(a)(2) of such title may be exercised, with respect to
any claim described in subsection (a) of this section, with-
out regard to the amount involved.
(c) DEFINITION.—For the purpose of this section,
the term ‘‘productivity gainsharing program’’ means a
productivity gainsharing program established under chap-
ter 45 or section 5407 of title 5, United States Code, or
Executive Order 12637 (31 U.S.C. 501 note).
Subtitle E—Commissaries and
Military Exchanges
SEC. 
351. 
EXPANSION 
AND 
CLARIFICATION 
OF 
COM-
MISSARY AND EXCHANGE BENEFITS.
(a) EXPANSION
OF
FORMER
SPOUSES’ ELIGI-
BILITY.—Section 1062 of title 10, United States Code, is
amended to read as follows:
‘‘§ 1062. Certain former spouses
‘‘(a) ELIGIBILITY.—The Secretary of Defense shall
prescribe such regulations as may be necessary to provide
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that a former spouse described in subsection (b) is entitled
to commissary and exchange privileges to the same extent
and on the same basis as the surviving spouse of a retired
member of the uniformed services.
‘‘(b) COVERED FORMER SPOUSES.—Subsection (a)
applies to any person who—
‘‘(1) is an unremarried former spouse of a
member or former member who performed at least
20 years of service which is creditable in determin-
ing the member or former member’s eligibility for
retired or retainer pay; and
‘‘(2) on the date of the final decree of divorce,
dissolution, or annulment had been married to the
member or former member for a period of at least
20 years, at least 12 of which were during the pe-
riod the member or former member performed serv-
ice creditable in determining the member or former
member’s eligibility for retired or retainer pay.’’.
(b) EXPANSION
OF RESERVE MEMBERS’ ELIGI-
BILITY.—(1) Section 1063 of such title is amended—
(A) in subsection (a)(1)—
(i) by inserting ‘‘for such calendar year on
the same basis as members on active duty’’ be-
fore the period in the first sentence; and
(ii) by striking out the second sentence;
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(B) by striking out subsection (b); and
(C) by redesignating subsection (c) as sub-
section (b).
(2) The heading of such section is amended to read
as follows:
‘‘§ 1063. Members of the Ready Reserve’’.
(c) EXPANSION
OF
ELIGIBILITY
FOR
PERSONS
QUALIFIED FOR CERTAIN RETIRED PAY BUT UNDER AGE
60.—(1) Section 1064 of such title is amended by striking
out ‘‘for 12 days each calendar year’’ and inserting in lieu
thereof ‘‘on the same basis as a person who is eligible for
such retired pay’’.
(2) The heading of such section is amended to read
as follows:
‘‘§ 1064. Persons qualified for retired pay under chap-
ter 67 but under age 60’’.
(d) EXTENSION OF BENEFITS TO CERTAIN FORMER
ENLISTED MEMBERS.—(1) The Secretary of Defense
shall prescribe regulations to allow a person described in
paragraph (2), and the survivors of such person, to use
commissary and exchange stores of the Department of De-
fense on the same basis as officers retired for disability
under chapter 61 of title 10, United States Code, and the
survivors of such officers, respectively.
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(2) Paragraph (1) applies to any person who was dis-
charged with a disability from the Armed Forces on or
before October 1, 1949, and—
(A) who at the time of such discharge was an
enlisted member who had completed less than 20
years of active service; and
(B) who, if such person had been an officer at
the time of such discharge, would have been eligible
for disability retirement under the Career Com-
pensation Act of 1949.
(e) CLARIFICATION OF USE OF CERTAIN FACILITIES
BY CERTAIN PERSONS.—Section 1065(a) of such title is
amended—
(1) in the first sentence, by striking out
‘‘Armed Forces’’ and inserting in lieu thereof
‘‘armed forces’’; and
(2) by striking out the second sentence and in-
serting in lieu thereof the following: ‘‘For a member
of the Selected Reserve, and the dependents of such
member, such use shall be permitted on the same
basis as a member on active duty. For a member
who would be eligible for retired pay under chapter
67 but for the fact that the member is under 60
years of age, and the dependents of such member,
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such use shall be on the same basis as a member eli-
gible for such retired pay.’’.
(f) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 54 of such title is amended by
striking out the items relating to sections 1063 and 1064
and inserting in lieu thereof the following items:
‘‘1063. Members of the Ready Reserve.
‘‘1064. Persons qualified for retired pay under chapter 67 but under age 60.’’.
SEC. 352. PROHIBITION ON OPERATION OF COMMISSARY
STORES BY ACTIVE DUTY MEMBERS OF THE
ARMED FORCES.
(a) IN GENERAL.—Chapter 49 of title 10, United
States Code, is amended by inserting after section 976 the
following new section:
‘‘§ 977. Operation of commissary stores: assignment of
active duty members generally prohib-
ited
‘‘(a) GENERAL RULE.—A member of the armed
forces on active duty may not be assigned to the operation
of a commissary store.
‘‘(b) EXCEPTION FOR DCA DIRECTOR.—The Sec-
retary of Defense may assign an officer on the active-duty
list to serve as the Director of the Defense Commissary
Agency.
‘‘(c) EXCEPTION FOR CERTAIN ADDITIONAL MEM-
BERS.—Beginning on October 1, 1996, not more than 18
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additional members of the armed forces on active duty
may be assigned to the Defense Commissary Agency. As-
signment of such member to regional headquarters of that
Agency shall be limited to enlisted advisors for those re-
gions responsible for overseas commissaries and to veteri-
nary specialists.
‘‘(d) EXCEPTION FOR CERTAIN NAVY PERSONNEL.—
(1) The Secretary of the Navy may assign to the Defense
Commissary Agency a member of the Navy whose assign-
ment afloat is part of the operation of a ship’s food service
or a ship’s store. Any such assignment shall be on a
nonreimbursable basis.
‘‘(2) The number of such members assigned to the
Defense Commissary Agency during any period before Oc-
tober 1, 1996, may not exceed the number of such mem-
bers so assigned on October 1, 1993. After September 30,
1996, the number of such members so assigned may not
exceed the lesser of (A) the number of members so as-
signed on October 1, 1993, and (B) 400.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 976 the following new
item:
‘‘977. Operation of commissary stores: assignment of active duty members gen-
erally prohibited.’’.
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SEC. 353. MODERNIZATION OF AUTOMATED DATA PROC-
ESSING CAPABILITY OF THE DEFENSE COM-
MISSARY AGENCY.
In order to perform inside the Defense Commissary
Agency (in this section referred to as the ‘‘Agency’’) all
automated data processing functions of the Agency as
soon as possible, the Secretary of Defense shall take any
action necessary to expedite the modernization of the auto-
mated data processing capability of the Agency. Such ac-
tion may include the modification of existing contracts
with contractors supplying automated data processing
services to the Agency.
SEC. 354. OPERATION OF STARS AND STRIPES BOOK-
STORES BY THE MILITARY EXCHANGES.
The Secretary of Defense shall prescribe regulations
providing for the operation, not later than April 15, 1994,
of Stars and Stripes bookstores outside of the United
States by the military exchanges.
SEC. 355. AVAILABILITY OF FUNDS FOR NEXCOM RELOCA-
TION EXPENSES.
Of funds authorized to be appropriated under section
301(2), $10,000,000 shall be available to provide for the
payment of expenses incurred by the Navy Exchange Serv-
ice Command to relocate functions and activities from the
Naval Station, Staten Island, to the Naval Base, Norfolk.
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Subtitle F—Other Matters
SEC. 361. EMERGENCY AND EXTRAORDINARY EXPENSE AU-
THORITY FOR THE INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.
Section 127 of title 10, United States Code, is
amended—
(1) in subsection (a)—
(A) in the first sentence, by inserting ‘‘,
the Inspector General of the Department of De-
fense,’’ after ‘‘the Secretary of Defense’’;
(B) in the second sentence, by inserting
‘‘or the Inspector General of the Department of
Defense’’ after ‘‘the Secretary concerned’’; and
(C) in the third sentence, by inserting ‘‘or
the Inspector General of the Department of De-
fense’’ after ‘‘The Secretary concerned’’;
(2) in subsection (b), by inserting ‘‘, by the In-
spector General of the Department of Defense to a
person in the Office of the Inspector General,’’ after
‘‘the Department of Defense’’; and
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding after paragraph (1), as so
designated by subparagraph (A), the following
new paragraph:
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‘‘(2) The amount of funds expended by the Inspector
General of the Department of Defense under subsections
(a) and (b) during a fiscal year may not exceed
$400,000.’’.
SEC. 362. AUTHORITY FOR CIVILIAN ARMY EMPLOYEES TO
ACT ON REPORTS OF SURVEY.
Section 4835 of title 10, United States Code, is
amended—
(1) in subsection (a), by inserting ‘‘or any civil-
ian employee of the Department of the Army’’ after
‘‘any officer of the Army’’; and
(2) in subsection (b), by striking out ‘‘an officer
of the Army designated by him.’’ and inserting in
lieu thereof ‘‘the Secretary’s designee. The Secretary
may designate officers of the Army or civilian em-
ployees of the Department of the Army to approve
such action.’’.
SEC. 363. EXTENSION OF GUIDELINES FOR REDUCTIONS IN
CIVILIAN POSITIONS.
(a) EXTENSION OF GUIDELINES.—Section 1597 of
title 10, United States Code, is amended—
(1) in subsection (a), by striking out ‘‘during
fiscal year 1993’’ and inserting in lieu thereof ‘‘dur-
ing a fiscal year’’; and
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(2) in subsection (b), by striking out ‘‘for fiscal
year 1993’’.
(b) UPDATE OF MASTER PLAN.—Section 1597(c) of
such title is amended—
(1) in paragraph (1), by striking out ‘‘for fiscal
year 1994’’ and inserting in lieu thereof ‘‘for a fiscal
year’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) The Secretary of Defense shall include in the
materials referred in paragraph (1), a report on the imple-
mentation of the master plan for the fiscal year imme-
diately preceding the fiscal year for which such materials
were submitted.’’.
SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES.
Paragraph (1) of section 3401(a) of title 39, United
States Code, is amended—
(1) in the matter before subparagraph (A)—
(A) by inserting ‘‘an individual who is’’ be-
fore ‘‘a member’’; and
(B) by inserting ‘‘or a civilian, otherwise
authorized to use postal services at Armed
Forces installations, who holds a position or
performs one or more functions in support of
military operations, as designated by the mili-
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‘‘(2) In addition to supplies and equipment provided
through the use of funds under paragraph (1), supplies
and equipment described in such paragraph that are fur-
nished by a State, a Federal agency, or any other person
may be used to carry out the pilot program.’’.
(d) SERVICE OF PARTICIPANTS.—Subsection (f) of
such section, as redesignated by subsection (c)(1), is
amended to read as follows:
‘‘(f) SERVICE OF PARTICIPANTS.—Service in the pilot
program by a member of the National Guard is training
in the member’s Federal status as a member of the Na-
tional Guard of a State under section 270 of title 10, Unit-
ed States Code, and section 502 of title 32, United States
Code.’’.
(e) REPORT.—Subsection (g) of such section, as re-
designated by subsection (c)(1), is amended by striking
out ‘‘January 1, 1994’’ and inserting in lieu thereof ‘‘Jan-
uary 1, 1995’’.
(f) DEFINITIONS.—Such section is further amended
by adding at the end the following new subsection:
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘health care’ includes medical
and dental care services.