103D CONGRESS
2D SESSION
H. R. 4301
AN ACT
To authorize appropriations for fiscal year 1995 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 Au-
thorization Act for Fiscal Year 1995’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense 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. Reserve components.
Sec. 107. Chemical demilitarization program.
Subtitle B—Army Programs
Sec. 111. Procurement of helicopters.
Subtitle C—Navy Programs
Sec. 121. Termination of Navy F–14A/B upgrade program.
Sec. 122. Limitation on acquisition of guidance systems for Trident II missiles.
Sec. 123. Prohibition on Trident II backfit.
Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
Sec. 125. Limitation on cost of Seawolf submarine program.
Sec. 126. Limitation on procurement of TAGS vessels.
Sec. 127. Advanced Capability (ADCAP) modification program for the MK–48
torpedo.
Subtitle D—Air Force Programs
Sec. 131. Intertheater airlift programs.
Sec. 132. B–2 bomber program cost limitation.
Sec. 133. Bomber force upgrade program.
Sec. 134. Evaluation of restart of C–5B aircraft procurement.
Subtitle E—Defense-Wide Activities
Sec. 141. Ballistic missile early warning programs.
Subtitle F—National Defense Sealift Fund
Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN–76 con-
struction.
Sec. 162. Fiscal year 1995 National Defense Sealift fund program.
Sec. 163. Transfer of excess amount to BRAC III account.
Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.
Sec. 165. Operation of sealift vessels for which assistance is provided through
National Defense Sealift Fund.
Subtitle G—Other Matters
Sec. 171. Transfer of USNS Maury.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Taconite processing technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Standoff air-to-surface munitions technology demonstration.
Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced Chemical
Laser against an object in space.
Sec. 214. Applicability of certain electronic combat systems testing require-
ments.
Sec. 215. Advanced Self Protection Jammer (ASPJ) program.
Sec. 216. Advanced lithography program.
Sec. 217. Federally funded research and development centers.
Sec. 218. Defense experimental program to stimulate competitive research.
Sec. 219. Digital battlefield program.
Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.
Sec. 221. Arrow/ACES program.
Sec. 222. Army helicopter engine upgrade program.
Sec. 223. Research and development for strategic metals.
Subtitle C—Missile Defense Programs
Sec. 231. Ballistic Missile Defense Organization budget presentation.
Sec. 232. Theater Missile Defense programs.
Sec. 233. Theater Missile Defense risk reduction activities.
Sec. 234. Military satellite communications.
Sec. 235. Limitation on flight tests of certain missiles.
Sec. 236. Compliance with the ABM Treaty.
Subtitle D—Women’s Health Research
Sec. 241. Defense women’s health research program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Defense Business Operations Fund.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Funds for depot-level maintenance and repair work.
Sec. 305. Support for the 1996 Olympics.
Sec. 306. Funds for clearing landmines.
Sec. 307. Support for the 1995 Special Olympics World Games.
Subtitle B—Limitations
Sec. 311. Reports and limitation on transfer of certain operation and mainte-
nance funds.
Sec. 312. Limitation on retention of morale, welfare, and recreation funds by
military installations.
Sec. 313. Prohibition on use of appropriated funds for operation of Armed
Forces Recreation Center, Europe.
Sec. 314. Limitation on use of specifications for procurement of subsistence
items.
Subtitle C—Depot-Level Activities
Sec. 321. Findings.
Sec. 322. Modification of limitation on performance of depot-level maintenance.
Sec. 323. Limitation on the performance of depot-level maintenance of materiel
for new weapon systems.
Sec. 324. Audits to monitor cost growth of contracts to perform depot-level
maintenance and repair.
Sec. 325. Consideration of costs of closing Department of Defense depots in
certain cost comparisons.
Sec. 326. Authority for depot-level activities of the Department of Defense to
compete for maintenance and repair workloads of other Federal
agencies.
Sec. 327. Authority of depots to provide services outside of the Department of
Defense.
Sec. 328. Maintenance of sufficient depot-level facilities, activities, and employ-
ees of the Department of Defense.
Sec. 329. Reutilization initiative for depot-level activities.
Subtitle D—Defense Business Operations Fund
Sec. 341. Oversight of Defense Business Operations Fund.
Sec. 342. Review by Comptroller General of charges imposed by Defense Busi-
ness Operations Fund.
Subtitle E—Department of Defense Domestic and Overseas Schools
Sec. 351. Reauthorization of Department of Defense domestic elementary and
secondary schools for military dependents.
Sec. 352. Survey and pilot program for the transfer of Department of Defense
domestic dependent elementary and secondary schools to ap-
propriate local educational agencies.
Sec. 353. Report on calculation and recovery of tuition costs of certain students
enrolled in schools of the defense dependents’ education sys-
tem.
Sec. 354. Authority to accept gifts for Department of Defense domestic elemen-
tary and secondary schools.
Subtitle F—Other Matters
Sec. 361. Modification of fees paid by residents of Armed Forces Retirement
Home.
Sec. 362. National Guard youth program.
Sec. 363. Department of Defense food inventory program.
Sec. 364. Department of Defense special supplemental food program.
Sec. 365. Transportation of the remains of deceased retired members who die
outside of the United States.
Sec. 366. Authority to transport the remains of certain deceased veterans on
Department of Defense aeromedical evacuation aircraft.
Sec. 367. Modification of Air Force support for the Civil Air Patrol.
Sec. 368. Review and report on use of operations and maintenance funds by the
Department of Defense.
Sec. 369. Requirement of comparative report on operations and maintenance
funding.
Sec. 370. Automated data processing programs of the Department of Defense.
Sec. 371. Review by Defense Inspector General of cost growth in certain con-
tracts.
Sec. 372. Cost comparison studies for contracts for advisory and assistance
services.
Sec. 373. Requirement and plan for converting performance of certain positions
to performance by Department of Defense employees.
Sec. 374. Use of service contract funds for separation incentive programs for
Department of Defense employees.
Sec. 375. Non-Federal employment incentive pilot program.
Sec. 376. Uniform health benefits program for employees of the Department of
Defense assigned to nonappropriated fund instrumentalities.
Sec. 377. Operation of military exchange and commissary store at Naval Air
Station Fort Worth, Joint Reserve Center, Carswell Field.
Sec. 378. Ships’ stores.
Sec. 379. Program to commemorate World War II.
Sec. 380. One-year extension of certain programs.
Sec. 381. Clarification and codification of overseas military end strength limita-
tion.
Sec. 382. Authority to issue military identification cards to so-called honorary
retirees of the Naval and Marine Corps Reserves.
Sec. 383. Modification of statute of limitations for certain claims for personal
property damage or loss.
Sec. 384. Operation of overseas facilities of the Department of Defense by
United States firms.
Sec. 385. Exclusion of certain troops in calculation of authorized and strength
for military personnel in Europe.
Sec. 386. Authority to transfer certain excess property to educational institu-
tions and training schools.
Sec. 387. Priority to States for transfer of nonlethal excess supplies of the De-
partment of Defense.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Limitation on deployment of divisions constituting Army contingency
force.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the reserves.
Sec. 413. Active component members to be assigned for training compatibilty
with guard units.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authority for officers to serve on successive promotion boards.
Sec. 502. Army field grade officer strength limitations.
Sec. 503. Technical changes to provisions enacted by Warrant Officer Manage-
ment Act.
Sec. 504. Navy and Marine Corps limited duty officers.
Sec. 505. Retirement or enlistment of certain limited duty officers of the Navy
and Marine Corps.
Sec. 506. Temporary exclusion of Superintendent of Naval Academy from
counting toward number of senior admirals authorized to be on
active duty.
Sec. 507. Grade of heads of certain professional military education schools.
Subtitle B—Reserve Component Matters
Sec. 511. Selected Reserve activation authority.
Sec. 512. Reserve general and flag officers on active duty.
Sec. 513. Definition of active guard and reserve duty.
Sec. 514. Repeal of obsolete provisions pertaining to transfer of regular enlisted
members to the Retired Reserve.
Sec. 515. Guard and reserve transition initiatives.
Sec. 516. Semiannual report on separations of active Army officers.
Subtitle C—Other Matters
Sec. 521. Repeal of required reduction in recruiting personnel.
Sec. 522. Coast Guard force reduction transition benefits.
Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
Sec. 524. Authorized active duty strengths for Army enlisted members in pay
grade E–8.
Sec. 525. Reimbursement for certain losses of household effects during PCS
moves.
Sec. 526. Victims’ advocates programs in Department of Defense.
Sec. 527. Prohibition of retaliatory actions against members of the Armed
Forces making allegations of sexual harassment or unlawful
discrimination.
Sec. 528. Annual report on personnel readiness.
Sec. 529. Programs related to Desert Storm mystery illness.
Sec. 530. Upgrade of Armed Forces Staff College wargaming and other capa-
bilities.
Sec. 531. Prohibition on imposition of additional charges or fees for attendance
at certain academies.
Sec. 532. Authorization for instruction of civilian students at Foreign Lan-
guage Center of the Defense Language Institute.
Sec. 533. Sense of Congress concerning appropriate Department of Defense
force structure through 1997.
Sec. 534. Discharge of members who are permanently nonworldwide assignable.
Sec. 535. Military recruiting on campus.
Sec. 536. Survey on the state of race and ethnic issues in the military.
Sec. 537. Request for posthumous commissioning in the Army of two African
Americans discharged from West Point due to racial prejudice
during post-Civil War period.
Sec. 538. Detail of Department of Defense personnel to assist Immigration and
Naturalization Service, Border Patrol and Customs Service.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1995.
Sec. 602. Cost-of-living allowance for members of the uniformed services as-
signed to high cost areas in the continental United States.
Sec. 603. Increase in subsistence allowance payable to members of Senior Re-
serve Officers’ Training Corps.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Increase in authorized incentive special pay for certified registered
nurse anesthetists.
Sec. 612. Extension of authority for payment of aviation officer retention bonus
Subtitle C—Travel and Transportation Allowances
Sec. 621. Change in provision of transportation incident to personal emer-
gencies for members stationed outside the continental United
States.
Sec. 622. Clarification of travel and transportation allowance of family mem-
bers incident to the serious illness or injury of members.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 631. Elimination of disparity between effective dates for military and civil-
ian retiree cost-of-living adjustments for fiscal year 1995.
Sec. 632. Clarification of calculation of retired pay for officers who retire in a
grade lower than the grade held at retirement.
Sec. 633. Crediting of reserve service of enlisted members for computation of
retired pay.
Sec. 634. Minimum required reserve service for eligibility for retired pay for
nonregular service during force drawdown period.
Sec. 635. SBP premiums for reserve-component child-only coverage.
Sec. 636. Discontinuation of insurable interest coverage under survivor benefit
plan.
Subtitle E—Other Matters
Sec. 641. Authority for survivors to receive payment for all leave accrued by de-
ceased members.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Revision of definition of dependents to include young people being
adopted by members or former members.
Sec. 702. Treatment of certain dependents as children for purposes of
CHAMPUS, dependents’ dental program, and continued health
benefits coverage.
Sec. 703. Authorization for medical and dental care of abused dependents of
certain members.
Sec. 704. Additional authorized health care service available through military
health care system.
Subtitle B—Changes to Existing Laws Regarding Health Care Management
Sec. 711. Expanded use of partnership and resource sharing programs for im-
proved cost-effectiveness.
Sec. 712. Imposition of enrollment fees for managed care plans.
Sec. 713. Strengthening managed health care authorities.
Sec. 714. Delay in deadline for use of health maintenance organization model
as option for military health care.
Sec. 715. Limitation on reduction in number of reserve component medical per-
sonnel.
Subtitle C—Other Matters
Sec. 721. Delay in closure of army hospital at Vicenza, Italy.
Sec. 722. Demonstration program for admission of civilians as physician assist-
ant students at Academy of Health Sciences, Fort Sam Hous-
ton, Texas.
Sec. 723. Report on expanded use of nonavailability of health care statements.
Sec. 724. Sense of Congress on continuity of health care services for covered
beneficiaries in certain areas affected by base closures.
Sec. 725. Oral typhoid vaccine inventory of Department of Defense.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Assistance Programs
Sec. 801. Procurement technical assistance programs.
Subtitle B—Acquisition Improvement
PART I—GENERAL IMPROVEMENTS
Sec. 811. Congressional defense procurement policy.
Sec. 812. Repeal of requirement relating to production special tooling and pro-
duction special test equipment.
Sec. 813. Repeal of vouchering procedures section.
Sec. 814. Clarification of provision relating to quality control of certain spare
parts.
Sec. 815. Contractor guarantees regarding weapon systems.
PART II—MAJOR SYSTEMS STATUTES
Sec. 821. Weapon development and procurement schedules.
Sec. 822. Selected Acquisition Report requirement.
Sec. 823. Unit cost report requirement.
Sec. 824. Requirement for independent cost estimates and manpower estimates
before development or production.
Sec. 825. Baseline description.
Sec. 826. Repeal of requirement for competitive prototyping in major programs.
Sec. 827. Repeal of requirement for competitive alternative sources in major
programs.
PART III—TESTING STATUTES
Sec. 831. Authorization of less than full-up testing.
Sec. 832. Limitation on quantities to be procured for low-rate initial produc-
tion.
Sec. 833. Operational test and evaluation of defense acquisition programs.
PART IV—CIVIL RESERVE AIR FLEET
Sec. 841. Definition of contractor.
Sec. 842. Consolidation of provisions relating to contractual commitment of air-
craft.
Sec. 843. Use of military installations by contractors.
PART V—MISCELLANEOUS
Sec. 851. Regulations on procurement, production, warehousing, and supply
distribution functions.
Sec. 852. Repeal of requirements regarding product evaluation activities.
Sec. 853. Codification and revision of limitation on lease of vessels, aircraft,
and vehicles.
Sec. 854. Repeal of application of Public Contracts Act to certain Naval vessel
contracts.
Sec. 855. Consolidation of limitations on procurement of goods other than
American goods.
Sec. 856. Department of Defense acquisition of intellectual property rights.
Sec. 857. Department of Defense review of antitrust cases with national secu-
rity implications.
Sec. 858. Extension of test program for negotiation of comprehensive small
business subcontracting plans.
Subtitle C—Other Matters
Sec. 871. Environmental consequence analysis of major defense acquisition pro-
grams.
Sec. 872. Award of contracts and grants on the basis of competition.
Sec. 873. Shipbuilding claims.
Sec. 874. Demonstration project on purchase of fire, security, police, public
works, and utility services from local government agencies.
Sec. 875. Defense acquisition pilot program.
Sec. 876. Preference for local residents.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANGAGEMENT
Sec. 901. Revision of National Guard Bureau charter.
Sec. 902. Army Reserve Command.
Sec. 903. Assignment of reserve forces to combatant commands.
Sec. 904. Budget support for reserve elements of Special Operations Command.
Sec. 905. Change of title of Comptroller of the Department of Defense to
Under Secretary of Defense (Comptroller).
Sec. 906. Reclarification of independent status of Director of Operational Test
and Evaluation.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Clarification of scope of authorizations.
Sec. 1003. Incorporation of classified annex.
Sec. 1004. Date for submission of future-years mission budget.
Sec. 1005. Identification and reporting of unauthorized appropriations.
Subtitle B—Counter-Drug Activities
Sec. 1011. Department of Defense support for counter-drug activities of other
agencies.
Subtitle C—Contingency Operations
Sec. 1021. Funding for contingency operations.
Sec. 1022. Extension of authority to enter into certain cooperative agreement
authorities to include the United Nations and regional organi-
zations of which the United States is a member.
Sec. 1023. Overseas Humanitarian, Disaster, and Civic Aid.
Sec. 1024. Disaster relief.
Sec. 1025. Humanitarian assistance program for clearing landmines.
Subtitle D—Other Matters
Sec. 1031. Annual report on denial, revocation, and suspension of security
clearances.
Sec. 1032. Commission on Roles and Missions of the Armed Forces.
Sec. 1033. Prohibition on authorization of payment of costs under defense con-
tracts for restructuring costs of a merger or acquisition.
Sec. 1034. Transfer of certain B–17G aircraft.
Sec. 1035. USS Indianapolis (CA–35): gallantry, sacrifice and a decisive mis-
sion to end WW II.
Sec. 1036. Sense of Congress concerning commendation of individuals exposed
to mustard agents during World War II testing activities.
Sec. 1037. Sense of Congress concerning eligibility for Armed Forces Expedi-
tionary Medal based upon service in El Salvador.
Sec. 1038. Military-to-military contact program.
Sec. 1039. Limitation on obligation of funds for overseas basing activities.
Sec. 1040. Transportation of chemical munitions.
Sec. 1041. Findings and sense of Congress concerning the North Atlantic Trea-
ty Organization.
Sec. 1042. Report on status of defense random drug testing program.
Sec. 1043. Reduction of United States military forces in Europe.
Sec. 1044. Report on military readiness implications of Bosnia peacekeeping
deployment.
Sec. 1045. Report on lessons learned from United States activities in Somalia.
Sec. 1046. Sense of Congress concerning safe, secure dismantlement of Soviet
nuclear arsenal.
Sec. 1047. Coordination of military-to-military contact programs.
Sec. 1048. Extension of semiannual report on Cooperative Threat Reduction
programs.
Sec. 1049. Limitation on Cooperative Threat Reduction program relating to of-
fensive biological weapons program of Russia.
Sec. 1050. Prohibition on use of Department of Defense funds for United
States share of costs of United Nations peacekeeping oper-
ations.
Sec. 1051. Assistance to family members of Korean Conflict POW/MIAs who
remain unaccounted for.
Sec. 1052. Report assessing the regional security consequences of United States
military cooperation programs.
Sec. 1053. Study on use of low-enriched uranium to fuel naval reactors.
Sec. 1054. Sense of Congress concerning Nuclear Nonproliferation Treaty Re-
view Conference.
Sec. 1055. Assistance for public participation in defense environmental restora-
tion activities.
Sec. 1056. Authorization to exchange certain items for transportation services.
Sec. 1057. Authorization for industrial facilities of the Armed Forces to sell ar-
ticles and services to persons outside Department of Defense.
Sec. 1058. Sense of the Congress concerning the North Korean nuclear weap-
ons development program.
Sec. 1059. Congressional action on negotiation of limitations on nuclear weap-
ons testing.
Sec. 1060. Sense of Congress and report on readiness of military forces of the
Republic of Korea.
TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND
TRANSITION ASSISTANCE
Sec. 1101. Short title.
Sec. 1102. Funding of defense conversion, reinvestment, and transition assist-
ance programs for fiscal year 1995.
Subtitle A—Defense Technology and Industrial Base, Defense Reinvestment,
and Defense Conversion
Sec. 1111. Funding of defense technology reinvestment programs for fiscal year
1995.
Sec. 1112. Clarification of eligible non-Department of Defense participants in
technology reinvestment projects.
Sec. 1113. Additional criteria for loan guarantees under the defense dual-use
assistance extension program.
Sec. 1114. Financial commitment requirements for small business concerns for
participation in technology reinvestment projects.
Sec. 1115. Conditions on funding of defense technology reinvestment projects.
Subtitle B—Community Adjustment and Assistance Programs
Sec. 1121. Funds for adjustment and diversification assistance for States and
local governments from Office of Economic Adjustment.
Sec. 1122. Studies and plans for market diversification.
Sec. 1123. Advance community adjustment and economic diversification plan-
ning.
Subtitle C—Personnel Adjustment, Education, and Training Programs
Sec. 1131. Continuation of teacher and teacher’s aide placement programs.
Sec. 1132. Programs to place separated members and terminated defense em-
ployees in employment positions as public safety officers.
Sec. 1133. Pilot program to place separated members and terminated defense
employees in teaching positions as bilingual math and science
teachers.
Sec. 1134. Demonstration project to assist separated members and terminated
defense workers to become business owners.
Sec. 1135. Demonstration project to promote ship recycling as a method to as-
sist separated members and terminated defense workers.
Sec. 1136. Administration and funding of Defense Diversification Program and
Defense Conversion Adjustment Program under Job Training
Partnership Act.
Sec. 1137. Expansion of personnel adjustment, education, and training pro-
grams to include Coast Guard.
Sec. 1138. Assistance for certain workers dislocated due to reductions by the
United States in the export of defense articles and services.
Subtitle D—ARMS Initiative
Sec. 1141. Extension of Armament Retooling and Manufacturing Support Ini-
tiative.
Sec. 1142. Loan guarantees under Armament Retooling and Manufacturing
Support Initiative.
Subtitle E—Other Matters
Sec. 1151. Changes in notice requirements upon pending or actual termination
of defense programs.
Sec. 1152. Plan for deployment of defense environmental technologies for
dredging of dual-use ports.
Sec. 1153. Pilot program to develop and demonstrate environmental remedi-
ation technologies.
TITLE XII—COOPERATIVE THREAT REDUCTION,
COUNTERPROLIFERATION, AND RELATED MATTERS
Subtitle A—Cooperative Threat Reduction
Sec. 1201. Report on accounting for United States assistance.
Sec. 1202. Report on control and accountability of material relating to weapons
of mass destruction.
Sec. 1203. Cooperative threat reduction.
Sec. 1204. Limitations on Cooperative Threat Reduction Program.
Subtitle B—Counterproliferation Activities
Sec. 1211. Extension and revision of counterproliferation authorities.
Sec. 1212. Studies relating to United States counterproliferation policy.
Sec. 1213. Fiscal year 1995 amount.
Sec. 1214. Limitation on funds for studies pending receipt of previously re-
quired report.
TITLE XIII—RESERVE OFFICER PERSONNEL
MANAGEMENT ACT (ROPMA)
Sec. 1301. Short title; table of contents.
Sec. 1302. References to title 10, United States Code.
Subtitle A—Reserve Officer Personnel Management
PART I—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL
SYSTEM
Sec. 1311. Promotion and retention of reserve officers.
PART II—CONFORMING AMENDMENTS
Sec. 1321. Definition of reserve active-status list.
Sec. 1322. Authority to suspend officer personnel laws during war or national
emergency.
Sec. 1323. Active-duty list promotion boards to have authority to recommend
that reserve officers considered for promotion be required to
show cause for retention on active duty.
Sec. 1324. Applicability of chapter 36 to reserve officers during war or national
emergency.
Sec. 1325. Grade in which reserve officers are ordered to active duty.
Sec. 1326. Date of rank.
Sec. 1327. Discharge before completion of required service in case of officers
having twice failed of selection for captain or navy lieutenant.
Sec. 1328. Conforming amendments relating to Navy and Marine Corps offi-
cers.
Sec. 1329. Repeal of reserve officer personnel policy laws.
Sec. 1330. Amendments to title 32, United States Code.
Subtitle B—Other Personnel Policy Amendments
PART I—APPOINTMENTS
Sec. 1331. Repeal of separate authority for accession of women in reserve com-
ponents.
Sec. 1332. Appointment authority for reserve grades of lieutenant colonel and
commander.
Sec. 1333. Appointment of former commissioned officers in reserve components.
Sec. 1334. Constructive credit for appointment of officers in reserve compo-
nents with qualifying education or experience.
Sec. 1335. Computation of years of service for transfer of Army officers to Re-
tired Reserve.
Sec. 1336. Repeal of miscellaneous obsolete appointment authorities.
PART II—RETIREMENT AND SEPARATION
Sec. 1341. Computation of highest grade in which satisfactorily served for re-
serve commissioned officers and former officers.
PART III—OTHER AMENDMENTS
Sec. 1351. Tenure in office of Chief of National Guard Bureau.
Sec. 1352. Right to reenlist in Regular Army or Regular Air Force after service
as an officer.
Subtitle C—Reorganization and Consolidation of Laws Relating to Reserve
Components
Sec. 1361. Laws relating to organization and administration of reserve compo-
nents.
Sec. 1362. Laws relating to reserve component personnel policy.
Sec. 1363. Laws relating to reserve component training and educational assist-
ance programs.
Sec. 1364. Laws relating to reserve component procurement and equipment.
Sec. 1365. Legislative construction.
Subtitle D—Technical and Clerical Amendments
Sec. 1371. Amendments to subtitle A of title 10, United States Code.
Sec. 1372. Amendments to subtitle B of title 10, United States Code.
Sec. 1373. Amendments to subtitle C of title 10, United States Code.
Sec. 1374. Amendments to subtitle D of title 10, United States Code.
Sec. 1375. Amendments to subtitle E of title 10, United States Code.
Sec. 1376. Amendments to titles 32 and 37, United States Code.
Sec. 1377. Amendments to other laws.
Subtitle E—Transition Provisions
Sec. 1381. Continuation on the reserve active-status list of certain reserve colo-
nels of the Army and Air Force.
Sec. 1382. Effects of selection for promotion and failure of selection for Army
and Air Force officers.
Sec. 1383. Effects of selection for promotion and failure of selection for Navy
and Marine Corps officers.
Sec. 1384. Delays in promotions and removals from promotion list.
Sec. 1385. Minimum service qualifications for promotion.
Sec. 1386. Establishment of reserve active-status list.
Sec. 1387. Preservation of relative seniority under the initial establishment of
the reserve active-status list.
Sec. 1388. Grade on transfer to the Retired Reserve.
Sec. 1389. Rights for officers with over three years service.
Sec. 1390. Mandatory separation for age for certain reserve officers of the
Navy and Marine Corps.
Subtitle F—Effective Dates and General Savings Provisions
Sec. 1391. Effective dates.
Sec. 1392. Preservation of suspended status of laws suspended as of effective
date.
Sec. 1393. Preservation of preexisting rights, duties, penalties, and proceedings.
TITLE XIV—BOSNIA AND HERZEGOVINA SELF-DEFENSE
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Termination of arms embargo.
Sec. 1404. Provision of United States military assistance.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authorization of military construction project at Fort Bragg, North
Carolina, for which funds have been appropriated.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Restoration of authority to carry out military construction project
at Naval Supply Center, Pensacola, Florida.
Sec. 2206. Design activities for upgrade of Mayport Naval Station, Florida.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Revision of family housing project at Tyndall Air Force Base, Flor-
ida.
Sec. 2306. Authorization of military construction projects at Tyndall Air Force
Base, Florida, for which funds have been appropriated.
Sec. 2307. Modification of Air Force Plant No. 3.
Sec. 2308. Repeal of limitation on order of retirement of Minuteman II mis-
siles.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Family housing.
Sec. 2403. Improvement to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Community impact assistance with regard to Naval Weapons Sta-
tion, Charleston, South Carolina.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Prohibition on using funds for unauthorized Guard and Reserve
projects.
Sec. 2603. Authorization of projects for which funds have been appropriated.
Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1991 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Strengthening monetary limitation on renovation of facilities.
Sec. 2802. Navy housing investment agreements.
Sec. 2803. Navy Housing Investment Board.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Prohibition against consideration in base closure process of advance
economic planning undertaken by communities adjacent to
military installations.
Sec. 2812. Repayment of State and local costs incurred in connection with es-
tablishment of certain military installations selected for closure.
Sec. 2813. Limitation on sources of funds available to implement base closures
and realignments.
Sec. 2814. Prohibition on transfer of certain property located at military instal-
lations to be closed pending completion of redevelopment plans.
Sec. 2815. Report of effect of base closures on future mobilization options.
Sec. 2816. Restoration of annual leave for civilian employees in connection with
certain base realignments.
Sec. 2817. Government rental of facilities located on closed military installa-
tions.
Subtitle C—Changes to Existing Land Conveyance Authority
Sec. 2821. Additional lessee of property at Naval Supply Center, Oakland, Cali-
fornia.
Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military Reserva-
tion, Virginia.
Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons Industrial
Reserve Plant, New York, as nature preserve.
Sec. 2824. Release of reversionary interest retained as part of conveyance of
electricity distribution system, Fort Dix, New Jersey.
Subtitle D—Land Conveyances
Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City (Westover),
New York.
Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North Da-
kota.
Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista, California.
Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant,
Calverton, New York.
Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial Beach,
Coronado, California.
Sec. 2837. Release of requirements and reversionary interest on certain prop-
erty in Baltimore, Maryland.
Sec. 2838. Release of reversionary interest on certain property in York County,
James City County, and Newport News, Virginia.
Sec. 2839. Transfer of jurisdiction, Air Force housing at radar site, Holbrook,
Arizona.
Sec. 2840. Land conveyance, Fort Dix, New Jersey.
Sec. 2841. Land conveyance, naval shipyard, Vallejo, California.
Subtitle E—Other Matters
Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme, California, to
use certain navy property.
Sec. 2852. Environmental education and training program for defense person-
nel.
Sec. 2853. Repeal of restriction on land transactions relating to Presidio of San
Francisco, California.
Sec. 2854. Report on use of military installations in Okinawa.
Sec. 2855. Modification of height restriction in avigation easement.
Sec. 2856. Continued operation of military medical treatment facility at K. I.
Sawyer Air Force Base, Michigan.
Sec. 2857. Technical amendment to correct reference in land transaction.
Sec. 2858. Additional exception to prohibition on storage and disposal of
nondefense toxic and hazardous materials at military installa-
tions.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Nuclear materials support and other defense programs.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Requirement of conceptual design for request of construction funds.
Sec. 3127. Authority for emergency planning, design, and construction activi-
ties.
Sec. 3128. Funds available for all national security programs of the Depart-
ment of Energy.
Sec. 3129. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship recruitment and training program.
Sec. 3132. Defense inertial confinement fusion program.
Sec. 3133. Payment of penalties.
Sec. 3134. Water management programs.
Sec. 3135. Worker protection at nuclear weapons facilities.
Sec. 3136. Worker health and protection.
Sec. 3137. Limitation on use of program direction funds.
Sec. 3138. Limitation on use of funds for new construction projects.
Sec. 3139. Limitation on use of funds for special access programs.
Sec. 3140. Prohibition on prefinancing.
Sec. 3141. International Center for Applied Research.
Sec. 3142. Limitation on study or relocation of tritium-related activities and
operations.
Subtitle D—Other Matters
Sec. 3151. Accounting procedures for Department of Energy funds.
Sec. 3152. Approval for certain nuclear weapons activities.
Sec. 3153. Study of feasibility of conducting certain activities at the Nevada
Test Site, Nevada.
Sec. 3154. Report on waste streams generated by nuclear weapons production
cycle.
Sec. 3155. Release of certain restricted data.
Sec. 3156. Designation of Marilyn Lloyd Scholarship and Fellowship Program.
Sec. 3157. Report on economic redevelopment and conversion activities result-
ing from reconfiguration of Department of Energy nuclear
weapons complex.
Sec. 3158. Prohibition on disclosure of certain information on exposure to radi-
ation released from Hanford Nuclear Reservation.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD AUTHORIZATION
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Conditions on authority to dispose of certain strategic and critical
materials.
Sec. 3302. Rejection of change in stockpiling principles.
Sec. 3303. Limitations on the disposal of chromite and manganese ores.
Sec. 3304. Conditional prohibition on proposed disposal of zinc from National
Defense Stockpile.
Sec. 3305. Special program for conversion of low carbon ferro chromium to
high purity electrolytic chromium metal.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act.
TITLE XXXV—NAVAL PETROLEUM RESERVES
Sec. 3501. Authorization of appropriations.
Sec. 3502. Price requirement on sale of certain petroleum during fiscal year
1995.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means the Committees on Armed Serv-
ices and the Committees on Appropriations of the Senate
and House of Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for procurement for the Army as follows:
(1) For aircraft, $1,301,452,000.
(2) For missiles, $685,136,000.
(3) For weapons and tracked combat vehicles,
$942,886,000.
(4) For ammunition, $854,883,000.
(5) For other procurement, $2,651,233,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1995 for procurement for the Navy
as follows:
(1) For aircraft, $4,588,007,000.
(2) For weapons, including missiles and tor-
pedoes, $2,223,246,000.
(3) 
For 
shipbuilding 
and 
conversion,
$6,869,897,000.
(4) For other procurement, $3,241,611,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1995 for procurement for
the Marine Corps in the amount of $528,352,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $6,101,767,000.
(2) 
For 
weapons 
including 
missiles,
$3,953,232,000.
(3) For other procurement, $6,855,423,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for defense-wide procurement in the
amount of $2,066,694,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for procurement for the Inspector General
of the Department of Defense in the amount of
$1,000,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for procurement of aircraft, vehicles, com-
munications equipment, and other equipment for the re-
serve components of the Armed Forces as follows:
(1) 
For 
the 
Army 
National 
Guard,
$262,000,000.
(2) For the Air National Guard, $176,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $183,000,000.
(5) For the Air Force Reserve, $68,900,000.
(6) 
For 
the 
Marine 
Corps 
Reserve,
$47,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) AUTHORIZATION.—There is hereby authorized to
be appropriated for fiscal year 1995 the amount of
$670,349,000 for—
(1) the destruction of lethal chemical agents
and munitions in accordance with section 1412 of
the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
(b) ALLOCATION.—Of the funds specified in sub-
section (a)—
(1) $365,084,000 is for operations and mainte-
nance;
(2) $284,465,000 is for procurement; and
(3) $20,800,000 is for research and develop-
ment efforts in support of the nonstockpile chemical
weapons program.
Subtitle B—Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
Sections 132 and 133 of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991 (Public
Law 101–189) are repealed.
Subtitle C—Navy Programs
SEC. 121. TERMINATION OF NAVY F–14A/B UPGRADE PRO-
GRAM.
(a) TERMINATION.—The Secretary of Defense shall
terminate the F–14A/B aircraft upgrade program.
(b) LIMITATION ON FUNDS.—None of the funds ap-
propriated or otherwise made available to the Department
of Defense for procurement for fiscal year 1995 or a later
fiscal year may be obligated for the F–14A/B aircraft up-
grade program.
SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYS-
TEMS FOR TRIDENT II MISSILES.
No funds authorized to be appropriated for fiscal year
1995 for Mark 6 guidance systems for Trident II (D–5)
missiles may be obligated until the Secretary of Defense
certifies to the congressional defense committees that,
based upon a review by the Secretary of the readiness,
testing, spares, and logistics requirements for the guid-
ance system, the inventory objective of 562 units of the
guidance system is required to support the inventory ob-
jective for Trident II (D–5) missiles.
SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.
(a) LIMITATION.—The Secretary of the Navy may
not modify any Trident I submarine to enable that sub-
marine to be deployed with Trident II (D–5) missiles.
(b) WAIVER AUTHORITY.—If the Secretary of De-
fense determines that adherence to the prohibition in sub-
section (a) would result in a significant national security
risk to the United States, the Secretary may waive that
prohibition. Such a waiver may not take effect until the
Secretary submits to Congress a certification of that de-
termination and of the reasons for that determination.
SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST
SEALIFT PROGRAM.
Section 1424(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (10 U.S.C. 7291 note) is
amended—
(1) by inserting ‘‘or converted’’ after ‘‘con-
structed’’ each place it appears; and
(2) by inserting ‘‘or conversion’’ after ‘‘con-
struction’’ each place it appears.
SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE
PROGRAM.
No more than $4,673,371,000 nay be obligated or ex-
pended for procurement of the SSN–21 and SSN–22
Seawolf submarines.
SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VES-
SELS.
(a) LIMITATION.—The Secretary of the Navy may
not obligate funds for any of the vessels designated as
TAGS–63, TAGS–64, or TAGS–65 unless the Secretary
certifies to the congressional defense committees that the
multibeam sonars to be used on those vessels (whether
new or remanufactured) have been obtained through the
use of competitive acquisition procedures.
(b) NATIONAL SECURITY WAIVER.—The Secretary of
the Navy may waive the limitation in subsection (a) for
reasons of national security. Such a waiver may not take
effect until the Secretary submits to the Committees on
Armed Services of the Senate and House of Representa-
tives a report giving notice of the waiver and an expla-
nation of the national security reasons for the waiver.
SEC. 127. ADVANCED CAPABILITY (ADCAP) MODIFICATION
PROGRAM FOR THE MK–48 TORPEDO.
Within the amount provided in section 102(a)(2) for
procurement of weapons, including missiles and torpedoes,
for the Navy—
(1) the amount provided for the Advanced Ca-
pability (ADCAP) modification program for the
MK–48 torpedo is hereby increased by $52,300,000;
and
(2) the amount provided for the Fleet Satellite
Communications program is hereby reduced by
$52,300,000.
Subtitle D—Air Force Programs
SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.
(a) AUTHORIZATION.—Of the amount provided in
section 103 for procurement of aircraft for the Air
Force—
(1) $103,000,000 shall be available for Non-De-
velopmental Alternative Aircraft procurement; and
(2) $2,303,402,000 shall be available for the C–
17 aircraft program, of which—
(A) $2,249,819,000 is for procurement of
six C–17 aircraft;
(B) $47,475,000 is for advance procure-
ment of up to eight C–17 aircraft for fiscal year
1996; and
(C) $6,108,000 is for C–17 modifications.
(b) REQUIREMENT
FOR COMPETITION.—The Sec-
retary of Defense shall use competitive procedures in se-
lecting a source for the aircraft to be procured as Non-
Developmental Alternative Aircraft under subsection (a).
(c) NOTICE TO CONGRESS.—Funds described in sub-
section (a) may not be obligated for procurement under
subsection (a) until 60 days after the date which the Sec-
retary of Defense submits to the congressional defense
committees a report describing the Secretary’s plan for the
obligation of those funds.
(d) PRESERVATION OF INTERTHEATER AIRLIFT CA-
PACITY.—In acquiring aircraft under subsection (a), the
Secretary of Defense shall structure the acquisition of
those aircraft so as to preserve the aggregate intertheater
airlift capacity of the Air Force (measured in millions of
ton-miles per day) as of the date of the enactment of this
Act.
SEC. 132. B–2 BOMBER PROGRAM COST LIMITATION.
In determining the expenditures to be applied against
the total program cost limitation of $28,968,000,000 (in
fiscal year 1981 constant dollars) specified by law for the
B–2 bomber program, expenditures by the Department of
Defense associated with preserving the industrial facilities
used to produce that aircraft shall be included in that total
program cost.
SEC. 133. BOMBER FORCE UPGRADE PROGRAM.
(a) HEAVY BOMBER FORCE UPGRADE FUND.—From
funds authorized by section 104 for defense-wide procure-
ment activities, $100,000,000 shall be for a heavy bomber
force upgrade fund. The Secretary of Defense may obli-
gate amounts in the fund for—
(1) long-range heavy bombers that would other-
wise become attrition reserve aircraft;
(2) accelerating conventional mission upgrades
for the B–1 bomber; or
(3) a combination of expenditures under para-
graphs (1) and (2).
(b) NOTICE TO CONGRESS.—Funds described in sub-
section (a) may not be obligated until 30 days after the
date on which the Secretary of Defense submits to the
congressional defense committees notice of the Secretary’s
proposed expenditures from that fund for the purposes
specified in subsection (a).
SEC. 134. EVALUATION OF RESTART OF C–5B AIRCRAFT
PROCUREMENT.
(a) EVALUATION.—The Secretary of the Air Force
shall conduct an evaluation of the costs of restarting pro-
duction of C–5B aircraft for the strategic airlift mission.
The evaluation shall include startup costs and production
costs for a production run of from 30 to 70 units.
(b) REPORT.—The Secretary shall submit to the con-
gressional defense committees a report on the evaluation
under subsection (a). The report may be submitted as part
of any other required report to those committees relating
to intertheater airlift.
Subtitle E—Defense-Wide Activities
SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.
(a) RISK MITIGATION FUND.—From funds author-
ized by section 104 for defense-wide procurement,
$300,000,000 shall be for a satellite early-warning assur-
ance fund. The Secretary of Defense may obligate
amounts in the fund for—
(1) continued procurement of Defense Support
Program (DSP) satellite number 24;
(2) accelerated development of the Alert, Lo-
cate, and Report Missiles (ALARM) satellite pro-
gram leading to launch of the first satellite under
that program no later than the first quarter of
2002;
(3) development of the Brilliant Eyes satellite
sensor system;
(4) acquisition of up to three additional interim
theater missile sensors; or
(5) a combination of expenditures under para-
graphs (1), (2), (3), and (4).
(b) NOTICE TO CONGRESS.—Funds described in sub-
section (a) may not be obligated until after the date on
which the Secretary of Defense submits to the congres-
sional defense committees notice of the Secretary’s pro-
posed expenditures from that fund for the purposes speci-
fied in subsection (a).
Subtitle F—National Defense
Sealift Fund
SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994
FUNDS TO CVN–76 CONSTRUCTION.
None of the fiscal year 1994 unauthorized sealift ap-
propriation (as defined in section 164) may be transferred
(pursuant to the provisions of an Act making appropria-
tions for a fiscal year after fiscal year 1994 or to authority
provided under such an Act) to funds appropriated for fis-
cal year 1994 or a later fiscal year for Shipbuilding and
Conversion, Navy, to be available for CVN–76 construc-
tion.
SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT
FUND PROGRAM.
(a) USE
OF FISCAL YEAR 1994 UNAUTHORIZED
SEALIFT APPROPRIATION.—From the fiscal year 1994
unauthorized sealift appropriation (as defined in section
164), the amount of $608,600,000 shall, to the extent pro-
vided in appropriations Acts making appropriations for a
fiscal year after fiscal year 1994, be available for fiscal
year 1995 programs to be carried out through the Na-
tional Defense Sealift Fund, of which—
(1) $546,400,000 is for the execution of new
ship construction contract options for construction
of two prepositioning surge ships;
(2) $43,000,000 is for procurement and instal-
lation of national defense sealift features on pri-
vately owned, United States documented commercial
roll-on/roll-off vessels that are constructed after the
date of the enactment of this Act by a shipyard lo-
cated in the United States; and
(3) $19,200,000 is for research and develop-
ment of strategic sealift technology.
(b) DENIAL
OF AUTHORIZATION
OF APPROPRIA-
TIONS FOR FISCAL YEAR 1995.—No funds are authorized
to be appropriated to the National Defense Sealift Fund
for fiscal year 1995.
SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III
ACCOUNT.
From the fiscal year 1994 unauthorized sealift appro-
priation (as defined in section 164), the amount of
$591,400,000 shall, to the extent provided in appropria-
tions Acts, be transferred to, and deposited in, the account
‘‘BASE REALIGNMENT AND CLOSURE ACCOUNT, PART
III’’, to be available for the same purposes, and subject
to the same limitations, as other funds in that account.
SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT AP-
PROPRIATION DEFINED.
For purposes of this subtitle, the term ‘‘fiscal year
1994 
unauthorized 
sealift 
appropriation’’ 
means
$1,200,000,000 of the amount appropriated for fiscal year
1994 to the National Defense Sealift Fund (in title V of
the Department of Defense Appropriations Act, 1994
(Public Law 103–139; 107 Stat. 1435)).
SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH AS-
SISTANCE IS PROVIDED THROUGH NATIONAL
DEFENSE SEALIFT FUND.
Section 2218(f) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(3)(A) A vessel that is constructed, altered, con-
verted, purchased, operated, maintained, leased, or char-
tered with funds in the National Defense Sealift Fund
pursuant to subsection (c)(1)—
‘‘(i) may not be operated or maintained directly
by the Department of Defense or Department of
Transportation; and
‘‘(ii) may not be crewed by employees of the
United States.
‘‘(B) Operation and maintenance of any such vessel
with funds in the National Defense Sealift Fund (includ-
ing retention of the vessel in reduced operating status)
shall be conducted using private operating companies em-
ploying only merchant mariners on board such vessel who
are United States citizens. To the extent possible, pref-
erence in employing such mariners shall be given to other-
wise qualified former or retired military personnel who are
released from active duty as a result of the downsizing
of the armed forces.
‘‘(C) Subparagraphs (A) and (B) do not apply during
time of war or national emergency declared by the Presi-
dent or the Congress if the Secretary of Defense certifies
that no qualified private contractor or private sector mer-
chant mariners are available to operate the vessel.
‘‘(D) Nothing in this paragraph shall be construed
to—
‘‘(i) require the separation by reduction in force
of any employee of the United States who, on the
date of the enactment of this paragraph, is employed
as a crewmember on a vessel described in subpara-
graph (A); or
‘‘(ii) restrict the ability to embark military de-
tachments to operate special equipment.’’.
Subtitle G—Other Matters
SEC. 171. TRANSFER OF USNS MAURY.
(a) IN GENERAL.—The Secretary of the Navy shall
transfer the USNS Maury (TAGS–39) to the Department
of Transportation for assignment as a training ship to the
California Maritime Academy at Vallejo, California. The
transfer shall be made on the date of the decommissioning
of that vessel.
(b) TERMS AND CONDITIONS.—(1) In carrying out
subsection (a), the Secretary shall deliver the vessel—
(A) at the place where the vessel is located on
the date of the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States.
(2) The Secretary may require such additional terms
and conditions in connection with the transfer authorized
by this section as the Secretary considers appropriate.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for the use of the Department of Defense
for research, development, test, and evaluation as follows:
(1) For the Army $5,425,303,000.
(2) For the Navy, $8,913,963,000.
(3) For the Air Force, $12,318,766,000.
(4) For Defense-wide activities, $9,325,708,000,
of which—
(A) $254,995,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $12,501,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-
ATORY DEVELOPMENT.
(a) FISCAL YEAR 1995.—Of the amounts authorized
to be appropriated by section 201, $4,288,064,000 shall
be available for basic research and exploratory develop-
ment projects.
(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-
MENT DEFINED.—For purposes of this section, the term
‘‘basic research and exploratory development’’ means work
funded in program elements for defense research and de-
velopment under Department of Defense category 6.1 or
6.2.
SEC. 203. TACONITE PROCESSING TECHNOLOGY.
Of the amount provided in section 201 for the Navy,
the sum of $500,000 shall be available for the purpose
of initiating and carrying out a manufacturing technology
program for taconite processing technology.
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) POLICY.—(1) It is in the Nation’s long-term na-
tional security and economic interests to regain pre-
eminence in the area of space launch technology and oper-
ations.
(2) Access to space at affordable costs is fundamental
to maintaining required command, control, communica-
tions, intelligence, navigation, weather, and early warning
support to United States and coalition forces.
(3) Encouragement of privately financed, cost effec-
tive expendable and reusable launch vehicles is in the eco-
nomic interest of the Department of Defense and the
United States Government.
(b) REQUIRED ACTIONS.—The Secretary of Defense
shall take the following actions in pursuance of the space
launch modernization policy set forth in subsection (a):
(1) Begin and complete a program to replace or
consolidate the current fleet of medium and heavy
expendable launch vehicles with new or upgraded ex-
pendable launch vehicles or with a combination of
expendable and reusable launch vehicles. The Sec-
retary shall initiate flight tests of new or upgraded
expendable launch vehicles and of reusable launch
vehicles not later than 1998 to achieve an initial
launch capability for selected replacement vehicles
not later than July 1, 2002. The program shall in-
clude a fly-before-buy acquisition strategy with both
advanced concept technology demonstrations of ex-
pendable launch vehicles and advanced technology
demonstrations of reusable launch vehicles.
(2) For purposes of paragraph (1), initiate a
competitive Advanced Concept Technology Dem-
onstration program to achieve a cost reduction over
current medium and heavy expendable launch vehi-
cles of at least 15 percent in flyaway cost per pound
(in fiscal year 1994 dollars) and at least 25 percent
reduction in launch operations costs per launch (in
fiscal year 1994 dollars).
(3) Encourage and evaluate innovative acquisi-
tion, technical, and financing (including best com-
mercial practices) solutions for providing affordable,
operable, reliable, and responsive access to space.
(4) Centralize oversight of launch requirements
of the Department of Defense and other users to
preclude inflated requirements from escalating cur-
rent and future launch costs.
(5) Encourage and provide incentives for the
use of commercial practices in the acquisition, oper-
ation, and support of Department of Defense space
operations.
(6) Establish effective suitable coordination
among military, civilian, and commercial launch de-
velopers and users.
(c) ALLOCATION OF FUNDS.—Of the amount author-
ized to be appropriated in section 201(3), $200,000,000
shall be available for research, development, test, and eval-
uation of non-man-rated space launch systems and tech-
nologies. Of that amount—
(1) $100,000,000 shall be available only for a
competitive reusable rocket technology demonstra-
tion program, including—
(A) use of at least 90 percent of such
amount for development and flight testing of
one or more technology demonstration vehicles,
and
(B) further development of reusable rocket
technologies; and
(2) $100,000,000 shall be available only for an
Advanced Concept Technology Demonstration pro-
gram for expendable launch vehicles, including—
(A) competitive development and flight
testing of advanced concept technology dem-
onstration vehicles, and
(B) further development of enhanced tech-
nologies related to expendable launch vehicles,
including Russian rocket propulsion technology.
(d) LIMITATIONS.—(1) Not more than 2 percent of
the funds made available by subsection (c) may be used
for direct and indirect Department of Defense-related pro-
gram office, contractor support, and management over-
head costs.
(2) Program office staff may not exceed 10 individ-
uals, including contractor support.
(3) None of the funds authorized in this section may
be released or otherwise transferred for execution or obli-
gation to any Government department, agency, or organi-
zation outside the Department of Defense.
SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECH-
NOLOGY DEMONSTRATION.
(a) IN GENERAL.—(1) Of the amounts authorized to
be appropriated pursuant to section 201, up to $2,000,000
of the amount for the Navy and up to $2,000,000 of the
amount for the Air Force shall be used for the conduct
of a demonstration of nondevelopmental technology that
would enable the use of a single adaptor kit for munitions
described in paragraph (2) in order to give those muni-
tions a standoff and near-precision guided capability. Such
amounts shall be obligated not later than nine months
after the date of the enactment of this Act.
(2) Paragraph (1) applies to guided and unguided in-
inventory munitions of the class of 1,000 pounds and
below.
(b) REPORT.—The Secretary of the Defense shall
submit to the congressional defense committees a report
setting forth in detail the results and costs of the dem-
onstration and the applicability of the technology dem-
onstrated in providing the Armed Forces with an inexpen-
sive solution to providing both range extension and near-
precision guided capability to in-inventory munitions.
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-IN-
FRARED 
ADVANCED 
CHEMICAL 
LASER
AGAINST AN OBJECT IN SPACE.
The Secretary of Defense may not carry out a test
of the Mid-Infrared Advanced Chemical Laser (MIRACL)
transmitter and associated optics against an object in
space during fiscal year 1995 unless such testing is spe-
cifically authorized by law.
SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COM-
BAT SYSTEMS TESTING REQUIREMENTS.
(a) COVERED SYSTEMS.—Subsection (a) of section
220 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 107 Stat. 1589) is
amended—
(1) by inserting ‘‘ACAT I level integrated or
stand-alone’’ before ‘‘electronic combat system’’; and
(2) by inserting ‘‘ACAT I level integrated or
stand-alone’’ before ‘‘command, control, and commu-
nications countermeasure system’’.
(b) APPLICABILITY.—Subsection (e) of section 220 of
such Act is amended to read as follows:
‘‘(e) APPLICABILITY.—The provisions of subsections
(a) and (b) shall apply to an ACAT I level integrated or
stand-alone electronic combat system and to an ACAT I
level integrated or stand-alone command, control, and
communications countermeasure system regardless of
whether development of the electronic combat system or
the command, control, and communications counter-
measure system, as the case may be, began before, on,
or after the date of the enactment of this Act.’’.
SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ)
PROGRAM.
(a) Subject to subsection (b), the Secretary of the
Navy shall, not later than September 30, 1994, obligate
funds appropriated to the Department of Defense for fis-
cal year 1994 and prior years to carry out logistics sup-
port, maintenance, and integration of existing Advanced
Self Protection Jammer systems from the Navy inventory
into the F–14D aircraft for testing and evaluation. The
Secretary may acquire sufficient racks, spares, and logistic
support, including hardware and software, necessary to
maintain the existing ASPJ systems in the Navy inven-
tory.
(b) The Secretary of the Navy may obligate funds
under subsection (a) only to the extent provided in appro-
priations Acts.
(c) The Secretary of the Navy shall carry out sub-
section (a) notwithstanding section 122 of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 106 Stat. 2334).
SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.
(a) PURPOSE.—The purpose of the Advanced Lithog-
raphy Program (hereinafter in this section referred to as
the ‘‘ALP’’) is to fund goal-oriented research and develop-
ment to be conducted in both the public and private sec-
tors to help achieve a competitive position for American
lithography tool manufacturers in the international mar-
ket place.
(b) CONDUCT OF PROGRAM.—(1) The program shall
be conducted in accordance with research and development
plans (including an interim plan) developed by the Semi-
conductor Technology Council, established in section 273
of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (15 U.S.C. 4603) (as amended by
section 263 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1608)).
(2) The interim plan referred to in paragraph (1)
shall be the Semiconductor Industry Association (SIA)
1994 development plan for lithography.
(c) PROGRAM MANAGEMENT.—The Advanced Re-
search Projects Agency (ARPA) shall be the executive
agent for the ALP and shall ensure seamless program
planning of the ALP into the full range of ARPA core
electronics development programs.
(d) FUNDING.—Of the funds authorized to be appro-
priated in section 201, $100,000,000 shall be available for
the advanced lithography program. Of that amount—
(1) $75,000,000 shall be available to conduct
research and development activities in accordance
with subsection (b); and
(2) $25,000,000 shall be available to procure
advanced American-manufactured lithography tools
for evaluation at Government-owned or Government-
sponsored research facilities engaged in advanced li-
thography.
(e) REQUIREMENTS.—Not later than January 1,
1995—
(1) the President shall appoint to the Semi-
conductor Technology Council, referred to in sub-
section (a), the members listed in section 273(c) of
the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (15 U.S.C. 4603);
(2) the Under Secretary of Defense for Acquisi-
tion and Technology, in his capacity as Cochairman
of the Council, shall call a meeting of the Council for
the purpose of developing a national strategy for li-
thography;
(3) the Council shall issue a Department of De-
fense instruction for the operation of the Council;
and
(4) the Council shall develop and submit to the
Secretary of Defense a plan for achieving the na-
tional strategy for lithography.
(f) RESTRICTION.—After January 1, 1995, no funds
may be obligated by the Department of Defense for the
High Performance Computing Program (PE 602301E),
Sematech (PE 603745E), or Warbreaker (PE 603226E;
Project EE40) unless the events listed in subsection (e)
have occurred.
SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) AUTHORITY.—A Federally Funded Research and
Development Center (FFRDC) of the Department of De-
fense that functions primarily as a research laboratory
may respond to solicitations and announcements under
programs authorized by the Federal Government for the
purpose of promoting the development and transfer of
dual-use technology to the United States industrial sector
if such FFRDC meets the following conditions:
(1) The FFRDC is a collaborating member of
a United States industry-led team.
(2) The nature of such collaboration is that of
a precompetitive research and technology develop-
ment effort.
(b) USE
OF
COOPERATIVE
AGREEMENTS.—An
FFRDC described in subsection (a) that responds to a so-
licitation or announcement described in such subsection
shall not be considered to be engaging in a competitive
procedure and may use a cooperative research and devel-
opment agreement (as defined in section 12 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)) or other cooperative agreement as the instrument
of participation in the solicitation or announcement.
SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMU-
LATE COMPETITIVE RESEARCH.
(a) IN GENERAL.—(1) The Secretary, through the
Director of Defense Research and Engineering, shall oper-
ate a Defense Experimental Program to Stimulate Com-
petitive Research (hereinafter in this section referred to
as ‘‘DEPSCoR’’) as part of the university research pro-
grams of the Department of Defense.
(2) The objectives of DEPSCoR shall be—
(A) to enhance the competitiveness within the
peer-review system of investigators from academic
institutions in eligible States; and
(B) to increase the probability of long-term
growth of competitive funding to investigators at in-
stitutions from eligible States.
(3) In order to carry out the objectives stated in para-
graph (2), DEPSCoR shall provide for activities which
may include competitive research awards, research infra-
structure support, and graduate traineeships.
(4) DEPSCoR shall assist those States that—
(A) historically have received relatively little
Federal research and development funding; and
(B) have demonstrated a commitment to de-
velop their research bases and improve science and
engineering research and education programs at
their universities and colleges.
(b) DEFINITION.—The term ‘‘eligible States’’ means
States that have been designated by the Director of the
National Science Foundation as eligible to participate in
the Experimental Program to Stimulate Competitive Re-
search.
(c) COORDINATION.—The Secretary shall consult
with the Director of the National Science Foundation and
the Director of the Office of Science and Technology Pol-
icy in the planning, development, and execution of
DEPSCoR and shall coordinate the Department’s pro-
gram with similar programs sponsored by other Federal
agencies. All solicitations shall be made to, and all awards
shall be made through, the State committees established
by the National Science Foundation for the purpose of ad-
ministering the Experimental Program to Stimulate Com-
petitive Research. The State committees shall ensure that
the DEPSCoR program is coordinated with other Federal
Experimental Program to Stimulate Competitive Research
initiatives in their respective States.
SEC. 219. DIGITAL BATTLEFIELD PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
of the Army shall establish a Digital Battlefield program
to provide enhancements required to field components for
a digitalized battlefield by 1996. These enhancements
shall include electronics, second-generation forward-look-
ing infrared technology, and communications for major
platforms and development of applique packages for plat-
forms without embedded digital systems.
(b) FUNDING.—Of the amounts authorized to be ap-
propriated pursuant to section 201, $50,000,000 shall be
available for fiscal year 1995 for the digital battlefield pro-
gram (PE 203758A).
(c) PROGRAM LIMITATION.—None of the funds ap-
propriated pursuant to section 201 for the digital battle-
field program (PE 203758A) for the Army for fiscal year
1995 may be obligated for research and development ac-
tivities for development or integration of such program
until the Secretary of the Army—
(1) establishes, and programs funds for, a re-
search and development program to enhance the
processing and memory capability of the electronic
systems on the Abrams tank to make the M1/M1A2
Abrams tank compatible and interoperable with the
digital battlefield, when placed into service;
(2) restructures the M1 Abrams tank upgrade
program to incorporate the enhancements produced
by the research and development program estab-
lished under paragraph (1);
(3) transmits to the congressional defense com-
mittees a report providing notice of the restructured
M1A2 program under paragraph (2) and a descrip-
tion of the program;
(4) coordinates with the Secretary of the Navy
to include the Marine Corps in the Army’s plans for
the digital battlefield; and
(5) transmits to the congressional defense com-
mittees a report describing—
(A) the Army’s plan of actions and mile-
stones for defining the overall system architec-
ture for the digital battlefield, the standards
and protocols for the digital battlefield, and re-
sulting requirements;
(B) how those requirements affect or will
affect the major platforms that will make up
the digital battlefield; and
(C) the manner in which coordination with
the Secretary of the Navy under paragraph (4)
is being carried out.
SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP
QUAY CAUSEWAY PROGRAM.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The concepts of the sea-going Mobile Off-
Shore Base and the related Landing Ship Quay
Causeway could result in significant improvements
in the capability for the Armed Forces to respond to
crises in those areas where land bases are not avail-
able for use by those forces.
(2) The potential development and acquisition
costs of the Mobile Off-Shore Base and the Landing
Ship Quay Causeway are such that any program for
development of the Mobile Off-Shore Base or the
Landing Ship Quay Causeway should be designated
as a major defense acquisition program.
(b) LIMITATION.—No funds are authorized for fiscal
year 1995 for research and development for a Mobile Off-
Shore Base or a Landing Ship Quay Causeway program.
The Secretary of Defense may not develop or acquire a
Mobile Off-Shore Base or a Landing Ship Quay Causeway
until both of the following occur:
(1) The military requirement for a Mobile Off-
Shore Base and a Landing Ship Quay Causeway, as
reflected in operational requirements documents, is
approved by the Joint Requirements Oversight
Council.
(2) The Secretary of Defense certifies to the
congressional defense committees that—
(A) there is a validated requirement for
the Mobile Off-Shore Base or the Landing Ship
Quay Causeway; and
(B) the acquisition plan and program to
fulfill the requirement are established and are
funded to the end of the current future-years
defense program submitted pursuant to section
221 of title 10, United States Code.
SEC. 221. ARROW/ACES PROGRAM.
Of the amount provided in section 201 for Defense-
wide activities, $52,400,000 is available for the Arrow/
ACES program.
SEC. 222. ARMY HELICOPTER ENGINE UPGRADE PROGRAM.
The amount authorized in section 201 for the Army
is hereby reduced by $4,500,000, to be derived from the
amount provided for development of an electronic fuel con-
trol to upgrade the hydromechanical unit for the T53-se-
ries helicopter engine.
SEC. 223. RESEARCH AND DEVELOPMENT FOR STRATEGIC
METALS.
(a) RESEARCH AND DEVELOPMENT.—The Secretary
of Defense, in consultation with the Secretary of Com-
merce, shall give consideration to acceleration of research
and development projects for strategic metals and alloys
to support the objectives of section 2501(c) of title 10,
United States Code. In carrying out the preceding sen-
tence, the Secretary of Defense shall begin by conducting
a project for the acceleration of research in aluminum be-
ryllium alloys to meet military and commercial standards
for emerging applications.
(b) FUNDING.—Of the amounts authorized in section
201(4) for materials and electronic technology carried out
by the Advanced Research Projects Agency, $2,000,000
is authorized for the project for acceleration of research
in aluminum beryllium alloys described in subsection (a).
Subtitle C—Missile Defense
Programs
SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION
BUDGET PRESENTATION.
In the budget of the President for any fiscal year,
amounts requested for the Ballistic Missile Defense Orga-
nization shall be set forth showing the amounts requested
for each individual program, project, and activity of that
organization as well as the total amount requested for the
organization.
SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.
(a) NAVAL THEATER MISSILE DEFENSE.—Of the
amount provided for the Ballistic Missile Defense Organi-
zation under section 201 for Theater Missile Defense, not
less than $40,000,000 shall be available to support the
aggressive exploration of the Navy Upper Tier Program
for Naval Theater Missile Defense.
(b) ACCELERATED
ADVANCED
CONCEPT
TECH-
NOLOGY DEMONSTRATION PROGRAM.—The Secretary of
Defense, acting through the Director of the Ballistic Mis-
sile Defense Organization, shall initiate during fiscal year
1995 an accelerated Advanced Concept Technology Dem-
onstration Program to demonstrate the technical feasibil-
ity of using the Navy’s Block IV Standard Missile com-
bined with a kick stage rocket motor and the lightweight
Exoatmospheric Projectile (LEAP) as a near-term option
for cost-effective wide-area Theater Missile Defense.
(c) THEATER MISSILE DEFENSE PROGRAM PRIOR-
ITIES.—(1) The Secretary of Defense, acting through the
Director of the Ballistic Missile Defense Organization,
shall establish as the first priority of the Theater Missile
Defense Program the deployment of—
(A) a layered land-based Theater Missile De-
fense capability consisting of the Patriot Advanced
Capability (PAC–3) system and the Theater High-
Altitude Area Defense (THAAD) system; and
(B) a layered sea-based Theater Missile De-
fense capability consisting of the Navy Lower Tier
theater missile defense program and the Navy Upper
Tier theater missile defense program.
(2) Each program referred to in paragraph (1) shall
be treated by the Department of Defense as a major acqui-
sition program for funding purposes for fiscal years 1995
through 1999, as prescribed in the October 1993 report
of the Secretary of Defense entitled ‘‘Report on the Bot-
tom Up Review’’ and in Defense Planning Guidance.
SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION
ACTIVITIES.
(a) IN GENERAL.—Of the amount provided in section
201 for Defense-wide Activities, $210,000,000 is for thea-
ter missile defense risk reduction activities of the Ballistic
Missile Defense Organization. None of such amount may
be obligated for a program specified in subsection (b) until
30 days after the date on which the Secretary of Defense
submits to the congressional defense committees notice of
the Secretary’s plans to obligate funds for such program.
(b) PROGRAMS.—The programs referred to in sub-
section (a) are the following:
(1) The Extended-Range Interceptor (ERINT)
program.
(2) The Multi-Mode Missile.
(3) Sea-based lower tier systems.
(4) Sea-based upper tier systems.
SEC. 234. MILITARY SATELLITE COMMUNICATIONS.
(a) MILSTAR LIMITATION.—Of the amount author-
ized in section 201 for the MILSTAR satellite communica-
tions program, $50,000,000 may not be obligated until a
report setting forth the plan described in subsection (b)
has been received by the congressional defense committees.
(b) MILITARY COMMUNICATIONS MASTER PLAN.—
The Secretary of Defense shall develop a military commu-
nications master plan that addresses—
(1) the projected military communications re-
quirements of the Department of Defense;
(2) alternate and innovative ways of meeting
those requirements (including greater reliance on the
commercial sector); and
(3) methods to ensure that those elements of
the Department of Defense that create the demand
for such communications services are required to
have an important role in paying for the provision
of those services.
SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MIS-
SILES.
(a) LIMITATION.—The Secretary of Defense may not
conduct a flight test program of theater missile defense
interceptors and sensors if an anticipated result of the
launch of a missile under that test program would be re-
lease of debris in a land area of the United States outside
a designated Department of Defense test range.
(b) DEFINITION OF DEBRIS.—For purposes of sub-
section (a), the term ‘‘debris’’ does not include particulate
matter that is regulated for considerations of air quality.
(c) CERTAIN TESTING UNAFFECTED.—Nothing in
this section shall be construed as prohibiting or limiting
testing of cruise missiles, unmanned aerial vehicles
(UAVs), or precision-guided munitions.
SEC. 236. COMPLIANCE WITH THE ABM TREATY.
(a) LIMITATION.—Funds appropriated to the Depart-
ment of Defense for fiscal year 1995, or otherwise made
available to the Department of Defense from any funds
appropriated for fiscal year 1995 or for any fiscal year
before 1995, 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 ABM Treaty set forth in the enclosure
to the July 13, 1993, ACDA letter; or
(2) for the acquisition of any material or equip-
ment (including long lead materials, components,
piece parts, or test equipment, or any modified space
launch vehicle) required or to be used for the devel-
opment or testing of anti-ballistic missile systems or
components, except for material or equipment re-
quired for development or testing consistent with the
interpretation of the ABM Treaty set forth in the
enclosure to the July 13, 1993, ACDA letter.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘July 13, 1993, ACDA letter’’
means the letter dated July 13, 1993, from the Act-
ing Director of the Arms Control and Disarmament
Agency to the chairman of the Committee on For-
eign Relations of the Senate relating to the correct
interpretation of the ABM Treaty and accompanied
by an enclosure setting forth such interpretation.
(2) The term ‘‘ABM Treaty’’ means the Treaty
between the United States of America and the
Union of Soviet Socialist Republics on the Limita-
tion of Anti-Ballistic Missiles, signed in Moscow on
May 26, 1972.
Subtitle D—Women’s Health
Research
SEC. 241. DEFENSE WOMEN’S HEALTH RESEARCH PRO-
GRAM.
(a) CONTINUATION OF THE PROGRAM.—The Sec-
retary of Defense shall continue the Defense Women’s
Health Research Program (hereinafter in this section re-
ferred to as the ‘‘Program’’) established in fiscal year
1994 pursuant to the authority in section 251 of the Na-
tional Defense Authorization Act for Fiscal Year 1994
(Public Law 103–160; 107 Stat. 1606). The Program
shall continue under an Army executive agency or agent
and shall serve as the coordinating agent for multidisci-
plinary and multi-institutional research within the Depart-
ment of Defense on women’s health issues related to serv-
ice in the Armed Forces. The Program also shall coordi-
nate with research supported by the Department of Health
and Human Services and other agencies that is aimed at
improving the health of women.
(b) IMPLEMENTATION PLAN.—If the Secretary of
Defense intends to change the plan for the implementation
of the Program previously submitted to the Committees
on Armed Services of the Senate and House of Represent-
atives, the amended plan shall be submitted to such com-
mittees before implementation.
(c) PROGRAM ACTIVITIES.—The Program shall sup-
port health research into matters relating to the service
of women in the military, including the following matters:
(1) Epidemiologic research, including health
care needs of deployed women, patterns of illness
and injury, environmental and occupational hazards,
side-effects of pharmaceuticals and biologicals, and
psychological stress associated with military train-
ing, deployment, traumatic incidents, and other mili-
tary life conditions.
(2) Data base development designed to facili-
tate long-term research studies of women’s health is-
sues, and continued development and support of a
military women’s health information clearinghouse
to serve as an information resource for clinical, re-
search, and policy issues affecting women in the
Armed Forces.
(3) Policies and standards issues, including re-
search supporting development of military standards
related to training, operations, deployment, and re-
tention and their relationship to factors affecting
women’s health.
(4) Research emphasizing interventions that
have a potential for affecting health issues associ-
ated with women’s military service.
(d) FUNDING.—Of the amount authorized to be ap-
propriated pursuant to section 201, $40,000,000 shall be
available for the Program.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1995 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, $17,362,741,000.
(2) For the Navy, $20,110,196,000.
(3) For the Marine Corps, $1,997,095,000.
(4) For the Air Force, $18,733,458,000.
(5) For Defense-wide activities,
$9,513,523,000.
(6) For the Army Reserve, $1,255,057,000.
(7) For the Naval Reserve, $827,819,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$81,462,000.
(9) For the Air Force Reserve, $1,481,332,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,448,615,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,780,178,000.
(12) For the National Board for the Promotion
of Rifle Practice, $2,544,000.
(13) For the Defense Inspector General,
$147,172,000.
(14) For the Court of Military Appeals,
$6,152,000.
(15) For Environmental Restoration, Defense,
$2,180,200,000.
(16) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $714,200,000.
(17) 
For 
Medical 
Programs, 
Defense,
$9,613,331,000.
(18) For the National Contingency Operation
Non-DBOF Costs Fund, $300,000,000.
(19) For Department of Defense World War II
50th Anniversary Program, $500,000.
(20) For Project Peace, $15,000,000.
(21) For Former Soviet Union Threat Reduc-
tion, $400,000,000.
(22) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $60,000,000.
SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
the Defense Business Operations Fund in the amount of
$1,212,038,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 1995 from the Armed Forces Retirement Home
Trust Fund the sum of $59,317,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND
REPAIR WORK.
(a) INCREASED FUNDING FOR DEPARTMENT OF DE-
FENSE DEPOT-LEVEL ACTIVITIES.—Of amounts author-
ized to be appropriated for fiscal year 1995 under section
301, the amount that shall be available for the perform-
ance of depot-level maintenance and repair work by depot-
level activities of the Department of Defense is the amount
equal to the sum of—
(1) the total amount requested in the Presi-
dent’s budget for that fiscal year for the Depart-
ment of Defense for the performance of depot-level
maintenance and repair work; and
(2) $600,000,000, of which—
(A) $300,000,000 shall be available for the
Army;
(B) $100,000,000 shall be available for the
Navy;
(C) $150,000,000 shall be available for the
Air Force; and
(D) $50,000,000 shall be available for the
Marine Corps.
(b) DECREASED FUNDING FOR CONTRACTORS.—Of
amounts appropriated for fiscal year 1995 pursuant to
section 301, the amount that shall be available for the per-
formance of depot-level maintenance and repair work by
non-Federal Government personnel is not more than the
amount equal to 40 percent of the total amount requested
in the President’s budget for that fiscal year for the De-
partment of Defense for the performance of depot-level
maintenance and repair work.
SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
(a) AUTHORITY TO PROVIDE SUPPORT.—The Sec-
retary of Defense may provide logistical support and per-
sonnel services in connection with the 1996 games of the
XXVI Olympiad to be held in Atlanta, Georgia.
(b) 
PAY
AND
NONTRAVEL-RELATED
ALLOW-
ANCES.—(1) Except as provided in paragraph (2), the
costs for pay and nontravel-related allowances of members
of the Armed Forces for the support and services referred
to in subsection (a) may not be charged to appropriations
made pursuant to the authorization of appropriations in
subsection (c).
(2) Paragraph (1) does not apply in the case of mem-
bers of a reserve component called or ordered to active
duty to provide logistical support and personnel services
for the games of the XXVI Olympiad.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $4,000,000 for the Depart-
ment of Defense for fiscal year 1995 to carry out sub-
section (a).
SEC. 306. FUNDS FOR CLEARING LANDMINES.
Of the funds authorized to be appropriated in section
301, not more than $25,000,000 shall be available for ac-
tivities to support the clearing of landmines for humani-
tarian purposes, as determined by the Secretary of De-
fense.
SEC. 307. SUPPORT FOR THE 1995 SPECIAL OLYMPICS
WORLD GAMES.
(a) AUTHORITY TO PROVIDE SUPPORT.—The Sec-
retary of Defense may provide logistical support and per-
sonnel services in connection with the 1995 Special Olym-
pics World Games to be held in the State of Connecticut.
(b) 
PAY
AND
NONTRAVEL-RELATED
ALLOW-
ANCES.—(1) Except as provided in paragraph (2), the
costs for pay and nontravel-related allowances of mem-
bers of the Armed Forces for the support and services re-
ferred to in subsection (a) may not be charged to appro-
priations made pursuant to the authorization in sub-
section (c).
(2) Paragraph (1) does not apply in the case of
members of a reserve component called or ordered to ac-
tive duty to provide logistical support and personnel serv-
ices for the 1995 Special Olympics World Games.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Department of De-
fense for fiscal year 1995 the sum of $2,000,000 to carry
out subsection (a).
Subtitle B—Limitations
SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF
CERTAIN 
OPERATION 
AND 
MAINTENANCE
FUNDS.
(a) LIMITATION ON TRANSFER.—Section 116 of title
10, United States Code, is amended—
(1) by redesignating subsection (b) as sub-
section (d); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) 
REPORTS
ON
TRANSFERS
OF
CERTAIN
FUNDS.—(1) Each report required by subsection (a) shall
include a report on the following:
‘‘(A) Each transfer of amounts provided in an
appropriation Act to the Department of Defense for
the activities referred to in paragraph (3) between
appropriations during the preceding fiscal year, in-
cluding the reason for the transfer.
‘‘(B) Each transfer of amounts provided in an
appropriation Act to the Department of Defense for
an activity referred to in paragraph (3) within that
appropriation for any other such activity during the
preceding fiscal year, including the reason for the
transfer.
‘‘(2) On May 1 of each year, the Secretary of Defense
shall submit to the Congress a report on the following:
‘‘(A) Each transfer during the first six months
of the fiscal year in which the report is submitted
of amounts provided in an appropriation Act to the
Department of Defense for the activities referred to
in paragraph (3) between appropriations, including
the reason for the transfer.
‘‘(B) Each transfer during the first six months
of the fiscal year in which the report is submitted
of amounts provided in an appropriation Act to the
Department of Defense for an activity referred to in
paragraph (3) within that appropriation for any
other such activity, including the reason for the
transfer.
‘‘(3) The activities referred to in paragraphs (1) and
(2) are the following:
‘‘(A) Activities for which amounts are appro-
priated for the Army for operations and mainte-
nance for operating forces for (i) combat units, (ii)
tactical support, and (iii) force-related training/spe-
cial activities.
‘‘(B) Activities for which amounts are appro-
priated for the Navy for operations and maintenance
for operating forces for (i) mission and other flight
operations, (ii) mission and other ship operations,
(iii) fleet air training, and (iv) ship operational sup-
port and training.
‘‘(C) Activities for which amounts are appro-
priated for the Air Force for operations and mainte-
nance for operating forces for (i) primary combat
forces, (ii) primary combat weapons, (iii) global and
early warning, and (iv) air operations training.
‘‘(c) LIMITATION.—The Secretary of Defense may
not transfer an amount that exceeds $20,000,000 of
amounts provided in an appropriation Act to the Depart-
ment of Defense for the activities referred to in subsection
(b)(3) between appropriations or within that appropriation
for any other such activity until—
‘‘(1) the Congress is notified of the transfer;
and
‘‘(2) a period of 30 days elapses after such noti-
fication is received.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 116. Operations and maintenance activities: con-
gressional oversight’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 2 of such title is
amended to read as follows:
‘‘116. Operations and maintenance activities: congressional oversight.’’.
(c) CONFORMING REPEAL.—Section 377 of the Na-
tional Defense Authorization Act for Fiscal Year 1994
(Public Law 103–160; 107 Stat. 1638) is repealed.
SEC. 312. LIMITATION ON RETENTION OF MORALE, WEL-
FARE, AND RECREATION FUNDS BY MILITARY
INSTALLATIONS.
(a) LIMITATION.—Chapter 131 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2219. Retention of morale, welfare, and recreation
funds by military installations: limitation
‘‘Amounts may not be retained in a nonappropriated
morale, welfare, and recreation account of a military in-
stallation of a military department in excess of the amount
necessary to meet working capital requirements of that in-
stallation. Amounts in excess of that amount shall be
transferred to a single, department-wide nonappropriated
morale, welfare, and recreation account of the military de-
partment.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2219. Retention of morale, welfare, and recreation funds by military installa-
tions: limitation.’’.
SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS
FOR OPERATION OF ARMED FORCES RECRE-
ATION CENTER, EUROPE.
No funds appropriated to the Department of Defense
for any fiscal year may be used to operate the Armed
Forces Recreation Center, Europe, except that such funds
may be used for the payment of utilities, emergency re-
pairs, and transportation of United States products for
the Center.
SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR
PROCUREMENT OF SUBSISTENCE ITEMS.
(a) IN GENERAL.—Chapter 137 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2332. Subsistence items: limitation on use of speci-
fications and restrictions in procurement
of
‘‘(a) LIMITATION.—Except as provided in subsection
(b), the Secretary of Defense may not use specifications
or restrictions in the procurement of subsistence items for
use at military installations.
‘‘(b) EXCEPTION.—The Secretary of Defense may
use specifications and restrictions in the procurement of
field rations and shipboard rations (including tray packs
and meals ready-to-eat), except that any such specifica-
tions and restrictions shall be developed consistent with
the preference of the Department of Defense for commer-
cial items.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2332. Subsistence items: limitation on use of specifications and restrictions in
procurement of.’’.
Subtitle C—Depot-Level Activities
SEC. 321. FINDINGS.
The Congress finds the following:
(1) By providing the Armed Forces with a criti-
cal capacity to respond to the needs of the Armed
Forces for depot-level maintenance and repair of
weapon systems and equipment, the depot-level
maintenance and repair activities of the Department
of Defense play an essential role in maintaining the
readiness of the Armed Forces.
(2) The consolidation of entities within the de-
fense industry has jeopardized the capability of the
defense industry to perform maintenance and repair
of weapon systems and equipment.
(3) The defense industry maintains not less
than 60 percent of the total capability to perform
maintenance and repair of weapon systems and
equipment.
(4) The capability of the depot-level mainte-
nance and repair activities of the Department of De-
fense to perform maintenance and repair of weapon
systems and equipment should not be determined by
policies established by the defense industry.
(5) Reductions in the number of civilian em-
ployees of the depot-level maintenance and repair ac-
tivities of the Department of Defense may account
for approximately 80 percent of all reductions in the
coming years in the number of civilian employees of
the Department.
(6) An increase from one fiscal year to the next
in the amount of funds available for the mainte-
nance and repair of weapon systems and equipment
does not necessarily result in a corresponding in-
crease in the performance of such maintenance and
repair.
SEC. 322. MODIFICATION OF LIMITATION ON PERFORM-
ANCE OF DEPOT-LEVEL MAINTENANCE.
(a) MODIFICATION.—Subsection (a) of section 2466
of title 10, United States Code, is amended to read as
follows:
‘‘(a) PERCENTAGE LIMITATION.—Not more than 40
percent of the funds made available in a fiscal year to a
military department or a Defense Agency for depot-level
maintenance and repair workload may be used to contract
for the performance by non-Federal Government personnel
of such workload for the military department or the De-
fense Agency. Any such funds that are not used for such
a contract shall be used for the performance of depot-level
maintenance and repair workload by employees of the De-
partment of Defense.’’.
(b) INCLUSION OF REPAIR ACTIVITIES.—Subsection
(b) of such section is amended by inserting ‘‘and repair’’
after ‘‘maintenance’’ each place it appears.
(c) COMPUTATION OF PERCENTAGE.—Such section is
further amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the follow-
ing new subsection (d):
‘‘(d) COMPUTATION OF PERCENTAGE.—In computing
for purposes of subsection (a) the percentage of funds re-
ferred to in that subsection that are used to contract for
the performance of depot-level maintenance and repair
workload, the Secretary of the military department, or in
the case of a Defense Agency, the Secretary of Defense
shall include in the computation any funds provided for
the performance by such personnel of the following:
‘‘(1) Interim contractor support.
‘‘(2) Contract logistic support.
‘‘(3) Maintenance and repair workload above
the unit level.
‘‘(4) The provision of materials and parts.’’.
(d) REPORT.—Subsection (f) of such section, as re-
designated by subsection (c)(1), is amended to read as fol-
lows:
‘‘(f) REPORT.—Not later than January 15, 1995, the
Secretary of Defense shall submit to the Congress a report
describing the progress during the preceding fiscal year
by each military department and Defense Agency to
achieve and maintain the percentage of depot-level mainte-
nance and repair required to be performed by employees
of the Department of Defense pursuant to subsection
(a).’’.
SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE OF MATERIEL FOR
NEW WEAPON SYSTEMS.
(a) LIMITATION.—Subsection (a) of section 2466 of
title 10, United States Code, as amended by section 322
of this Act, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Not more than
40 percent’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary concerned shall, within 5 years
after the initial delivery of a weapon system by a contrac-
tor to the Department of Defense, provide for the perform-
ance by employees of the Department of Defense of not
less than 60 percent of the depot-level maintenance of the
weapon system.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply only with respect to a weapon sys-
tem initially delivered after the date of the enactment of
this Act.
SEC. 324. AUDITS TO MONITOR COST GROWTH OF CON-
TRACTS TO PERFORM DEPOT-LEVEL MAINTE-
NANCE AND REPAIR.
(a) REQUIREMENT.—Chapter 146 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2470. Audits of cost growth in contracts to perform
depot-level maintenance and repair
‘‘The Secretary of Defense shall audit contracts en-
tered into by the Department of Defense for the perform-
ance of depot-level maintenance and repair to monitor the
costs incurred by the contractor to perform the contract.
An audit of a contract under this section shall be per-
formed at least once during the period in which the con-
tract is performed and shall take account of any costs in-
curred by the contract in excess of the amount proposed
by the contractor to perform the contract or in excess of
costs incurred by the contractor during the previous
year.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2470. Audits of cost growth in contracts to perform depot-level maintenance
and repair.’’.
SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPART-
MENT OF DEFENSE DEPOTS IN CERTAIN
COST COMPARISONS.
Section 2467 of title 10, United States Code, is
amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) REQUIREMENT TO CONSIDER COSTS OF CLOS-
ING DEPOTS.—In any comparison conducted by the De-
partment of Defense of the cost of performing depot-level
maintenance and repair work by non-Federal Government
personnel and the cost of performing such work by em-
ployees of the Department of Defense, the Secretary of
Defense shall, to the maximum extent practicable, con-
sider the estimated cost (including the cost to perform any
necessary environmental restoration of the facility) that
would be incurred if the Department of Defense were re-
quired to close a Department of Defense defense depot-
level facility as a result of awarding the contract to non-
Federal Government personnel to perform such work.’’.
SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF
THE DEPARTMENT OF DEFENSE TO COMPETE
FOR 
MAINTENANCE 
AND 
REPAIR 
WORK-
LOADS OF OTHER FEDERAL AGENCIES.
(a) IN GENERAL.—Chapter 146 of title 10, United
States Code, as amended by section 324 of this Act, is
further amended by adding at the end the following new
section:
‘‘§ 2471. Depot-level activities of the Department of
Defense: authority to compete for mainte-
nance and repair workloads of other Fed-
eral agencies
‘‘A depot-level activity of the Department of Defense
shall be eligible to compete for the performance of any
depot-level maintenance and repair workload of a Federal
agency for which competitive procedures are used to select
the entity to perform the workload.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2471. Depot-level activities of the Department of Defense: authority to compete
for maintenance and repair workloads of other Federal agen-
cies.’’.
SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES
OUTSIDE OF THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Chapter 146 of title 10, United
States Code, as amended by section 326 of this Act, is
further amended by adding at the end the following new
section:
‘‘§ 2472. Persons outside the Department of Defense:
lease of excess depot-level equipment and
facilities by
‘‘(a) AUTHORITY TO LEASE EXCESS EQUIPMENT
AND FACILITIES.—Subject to subsection (b), the Sec-
retary of a military department and, with respect to a De-
fense Agency, the Secretary of Defense, may lease excess
equipment and facilities of a depot-level activity of the
military department, or the Defense Agency, to a person
outside the Department of Defense for the performance
of depot-level maintenance and repair work by such per-
son.
‘‘(b) LIMITATIONS.—A lease under subsection (a)
may be entered into only if—
‘‘(1) the lease of any such equipment or facili-
ties will not have a significant adverse effect on the
readiness of the armed forces, as determined by the
Secretary concerned;
‘‘(2) the person leasing such equipment or fa-
cilities agrees to reimburse the Department of De-
fense for the costs (both direct and indirect costs,
including any rental costs, as determined the Sec-
retary concerned) attributable to the lease of such
equipment or facilities;
‘‘(3) the person leasing such equipment or fa-
cilities agrees to hold harmless and indemnify the
United States, except in cases of willful conduct or
extreme negligence, from any claim for damages or
injury to any person or property arising out the
lease of such equipment or facilities; and
‘‘(4) the person leasing such equipment or fa-
cilities agrees to hold harmless and indemnify the
United States from any liability or claim for dam-
ages or injury to any person or property arising out
of a decision by the Secretary concerned to suspend
or terminate the lease in times of war or national
emergency.
‘‘(c) CREDIT TO GENERAL FUND.—Any reimburse-
ment received under this section shall be credited to the
General Fund of the Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2472. Persons outside the Department of Defense: lease of excess depot-level
equipment and facilities by.’’.
SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FA-
CILITIES, ACTIVITIES, AND EMPLOYEES OF
THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall maintain sufficient
depot-level activities and facilities of the Department of
Defense and a sufficient number of employees of the De-
partment that are assigned to the performance of depot-
level maintenance and repair to carry out this subtitle and
the amendments made by this subtitle. The Secretary of
Defense should seek to ensure that the military depart-
ments maintain depot-level maintenance and repair capa-
bilities necessary to ensure their critical readiness require-
ments.
SEC. 329. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL
ACTIVITIES.
(a) PILOT PROGRAM AUTHORIZED.—During fiscal
year 1995, the Secretary of Defense shall carry out a pilot
program to encourage commercial firms to enter into part-
nerships with depot-level activities of the military depart-
ments for the purpose of—
(1) demonstrating commercial uses of such
depot-level activities that are related to the principal
mission of such depot-level activities;
(2) preserving employment and skills of employ-
ees currently employed by such depot-level activities
or providing for the reemployment and retraining of
employees who, as the result of the closure, realign-
ment, or reduced in-house workload of such activi-
ties, may become unemployed; and
(3) supporting the goals of other defense con-
version, reinvestment, and transition assistance pro-
grams while also allowing such depot-level activities
to remain in operation to continue to perform their
defense readiness mission.
(b) PARTICIPANTS IN PILOT PROGRAM.—The Sec-
retary shall designate not less than six depot-level activi-
ties of the military departments to participate in the pilot
program under this section. Of these depot-level activities,
at least two shall be depot-level activities of the Depart-
ment of the Army, at least two shall be depot-level activi-
ties of the Department of the Navy, and at least two shall
be depot-level activities of Department of the Air Force.
(c) CONDITIONS ON PILOT PROGRAM.—In carrying
out the pilot program under this section, the Secretary
shall ensure that the program—
(1) does not interfere with the closure or re-
alignment of a depot-level activity of the military de-
partments under a base closure law; and
(2) does not adversely affect the readiness or
primary mission of a participating depot-level activ-
ity.
(d) FUNDING
FOR FISCAL YEAR 1995.—Of the
amounts authorized to be appropriated under section 301,
$100,000,000 shall be available only to carry out the pilot
program under this section.
Subtitle D—Defense Business
Operations Fund
SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS
FUND.
(a) EXTENSION OF AUTHORITY.—Section 316(a) of
the National Defense Authorization Act for Fiscal Years
1992 and 1993 (10 U.S.C. 2208 note) is amended by
striking out ‘‘During the period’’ and all that follows
through ‘‘December 31, 1994, the’’ and inserting in lieu
thereof ‘‘The’’.
(b) LIMITATION ON TRANSFERS.—Except as other-
wise provided in this Act, the Secretary of Defense may
not transfer amounts to or from the Defense Business Op-
erations Fund from or to any other account or source until
after the expiration of 30 days from the date on which
the Secretary transmits to the Congress a notification of
the Secretary’s intent to make the transfer.
(c) PROHIBITION ON ADVANCE CHARGES.—(1) After
September 30, 1995, the Secretary of Defense may not
charge for goods and services provided through the De-
fense Business Operations Fund in advance of the provi-
sion of such goods and services.
(2) The payment of amounts to the Defense Business
Operations Fund from another fund or activity of the De-
partment of the Defense may be made only for goods or
services actually provided by the Defense Business Oper-
ations Fund.
(d) PURCHASE FROM OTHER SOURCES.—The Sec-
retary of Defense or the Secretary of a military depart-
ment may purchase goods and services that are available
for purchase from the Defense Business Operations Fund
from a source other than the Defense Business Operations
Fund if the Secretary determines that such source offers
a more competitive rate for the goods and services than
the Defense Business Operations Fund offers.
(e) ANNUAL REPORTS AND BUDGET.—(1) The Sec-
retary of Defense shall annually submit to the Congress,
at the same time that the President submits the budget
under section 1105 of title 31, United States Code, the
following:
(A) A detailed report that contains a statement
of all receipts and disbursements of the Defense
Business Operations Fund (including such a state-
ment for each subaccount of the Fund) for the year
for which the report is submitted.
(B) A detailed proposed budget for the oper-
ation of the Defense Business Operations Fund for
the fiscal year for which the budget is submitted.
(2) Not later than September 30 each year, the Sec-
retary of Defense shall submit to the Congress a report
that contains a comparison of the amounts actually ex-
pended for the operation of the Defense Business Oper-
ations Fund for the fiscal year ending on that September
30 with the amount proposed for the operation of the De-
fense Business Operations Fund for that fiscal year in the
President’s budget.
(f) LIMITATION ON INCLUSION OF CERTAIN COSTS
IN DBOF CHARGES.—A charge for a good or service pro-
vided through the Defense Business Operations Fund may
not include amounts necessary to recover losses incurred
by the Defense Business Operations Fund that are unre-
lated to the good or service or amounts to cover costs in-
curred in connection with the closure or realignment of
a military installation.
(g) LIMITATION ON ACCUMULATION OF FUNDS.—(1)
The Secretary of Defense shall establish billing procedures
to ensure that the balance in the Defense Business Oper-
ations Fund does not exceed $300,000,000 more than
amount necessary to provide for the working capital re-
quirements of the Defense Business Operations Fund, as
determined by the Secretary.
(2) The Secretary may waive the limitation described
in this subsection if the Secretary determines that such
waiver is critical to the national security of the United
States. The Secretary shall immediately notify the Con-
gress of any such waiver and the reasons for the waiver.
SEC. 
342. 
REVIEW 
BY 
COMPTROLLER 
GENERAL 
OF
CHARGES IMPOSED BY DEFENSE BUSINESS
OPERATIONS FUND.
(a) REVIEW.—The Comptroller General of the United
States shall review the charges for goods and services pro-
vided by the Defense Business Operations Fund, including
a review of—
(1) charges for goods and services provided by
the Defense Business Operations Fund, including a
comparison of charges imposed for the provision of
goods and services to the military departments and
Defense Agencies with charges imposed for the pro-
vision of goods and services to persons outside the
Department of Defense;
(2) charges imposed by the Defense Business
Operations Fund for overhead costs and service
charges; and
(3) the extent to which charges imposed by the
Defense Business Operations Fund provide an ad-
vantage or disadvantage for the military depart-
ments and Defense Agencies or for persons outside
the Department of Defense for whom such goods
and services are provided.
(b) REPORT.—Not later than April 15, 1995, the
Comptroller General of the United States shall submit to
the Congress a report on the results of the review con-
ducted under subsection (a) and the recommendations of
the Comptroller General for any legislative and adminis-
trative action the Comptroller General considers to be ap-
propriate.
Subtitle E—Department of Defense
Domestic and Overseas Schools
SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DE-
FENSE DOMESTIC ELEMENTARY AND SEC-
ONDARY SCHOOLS FOR MILITARY DEPEND-
ENTS.
(a) CONTINUED AUTHORITY TO PROVIDE FOR EDU-
CATION OF MILITARY DEPENDENTS WHEN LOCAL AGEN-
CIES ARE UNABLE TO.—Chapter 108 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2164. Department of Defense domestic dependent
elementary and secondary schools
‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary
of Defense makes a determination that appropriate edu-
cational programs are not available through a local edu-
cational agency for dependents of members of the armed
forces residing on or near a military installation in the
United States (including territories, commonwealths, and
possessions of the United States), the Secretary may pro-
vide for the elementary or secondary education of such de-
pendents.
‘‘(b) FACTORS TO BE CONSIDERED.—Factors to be
considered by the Secretary of Defense in making a deter-
mination under subsection (a) shall include the following:
‘‘(1) The extent to which such dependents are
eligible for free public education in the local area ad-
jacent to the military installation.
‘‘(2) The extent to which the local educational
agency is able to provide an appropriate educational
program for such dependents. For purposes of this
section, an appropriate educational program, as de-
termined by the Secretary, is a program comparable
to a program of free public education provided for
children—
‘‘(A) in similar communities in the State,
in the case of a military installation located in
a State;
‘‘(B) in similar communities in adjacent
States, in the case of a military installation ad-
jacent to or located in more than one State; and
‘‘(C) in the District of Columbia, in the
case of a military installation located in a terri-
tory, commonwealth, or possession, except that
an appropriate educational program under this
subparagraph is also a program of education
conducted in the English language.
‘‘(c) EDUCATION FOR DEPENDENTS OF FEDERAL
EMPLOYEES.—(1) An individual who is a dependent of a
Federal employee residing at any such military installation
at any time during the school year may enroll in an edu-
cational program provided by the Secretary of Defense
pursuant to subsection (a).
‘‘(2)(A) Except as provided in subparagraph (B), an
individual who is a dependent of a Federal employee, who
is enrolled in an educational program provided by the Sec-
retary pursuant to subsection (a), and who is not living
on the military installation may be enrolled in the program
for not more than five consecutive school years.
‘‘(B) An individual referred to in subparagraph (A)
may be enrolled in the program for more than five con-
secutive school years if the Secretary determines, after
consideration of the individual’s educational well-being,
that good cause exists to extend the enrollment for more
than the five-year period described in such subparagraph.
Any such extension may be made for only one school year
at a time.
‘‘(C) For purposes of this paragraph, the five-year
period described in subparagraph (A) begins on the date
the individual enrolls in the program pursuant to this sec-
tion or pursuant to any provision of law enacted before
the date of the enactment of this section that provided
eligibility to the individual for enrollment in a similar pro-
gram.
‘‘(3) An individual enrolled in a program under this
subsection may participate in the program for the remain-
der of the school year notwithstanding a change in status
of the Federal employee with respect to whom the individ-
ual is a dependent, except that any such individual may
be removed from enrollment in the program at any time
for good cause, as determined by the Secretary.
‘‘(d) ESTABLISHMENT
OF SCHOOL BOARDS.—(1)
The Secretary of Defense shall provide for the establish-
ment of a school board for each Department of Defense
elementary or secondary school established for a military
installation under this section.
‘‘(2) Each school board established for a school under
paragraph (1) shall be elected by the parents of individ-
uals attending the school. Meetings conducted by the
school board shall be open to the public.
‘‘(3)(A) A school board elected for a school under this
subsection may develop fiscal, personnel, and educational
policies and procedures for the school, including fiscal,
personnel, and educational program management, except
that the Secretary may issue any directive to the school
board and school administrative officials the Secretary
considers necessary for the effective operation of the
school or the entire school system.
‘‘(B) Any directive referred to in subparagraph (A)
shall, to the maximum extent practicable, be issued only
after consultation with appropriate school boards elected
under this subsection. The Secretary shall establish a
process by which a school board or school administrative
officials may formally appeal such directives directly to the
Secretary. Consideration of such appeals may not be dele-
gated below the Secretary of Defense.
‘‘(e) STAFF.—(1) The Secretary of Defense, in co-
ordination with the school board established for a school
under subsection (d), may enter into such arrangements
as may be necessary to provide educational programs
under this section.
‘‘(2) The Secretary may, without regard to the provi-
sions of any other law relating to the number, classifica-
tion, or compensation of employees—
‘‘(A) establish such positions for civilian em-
ployees in schools established under this section;
‘‘(B) appoint individuals to such positions; and
‘‘(C) fix the compensation of such individuals
for service in such positions.
‘‘(3)(A) Except as provided in subparagraph (B), in
fixing the compensation of employees appointed under
paragraph (2), the Secretary, in coordination with the
school board established for a school under subsection (d),
shall consider—
‘‘(i) the compensation of comparable employees
of the local educational agency in the capital of the
State where the military installation is located;
‘‘(ii) the compensation of comparable employees
in the local educational agency that provides public
education to students who live adjacent to the mili-
tary installation; or