In the Senate of the United States,
October 6 (legislative day, September 27), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 2401) entitled ‘‘An Act to to authorize appropria-
tions for fiscal year 1994 for military activities of the Depart-
ment of Defense, to prescribe military personnel strengths for
fiscal year 1994, and for other purposes’’, do pass with the
following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1994’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
HR 2401 EAS
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Funding Authorizations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense Agencies.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Subtitle B—Army Programs
Sec. 111. Modified M113 carriers and AGT–1500 turbine engines.
Sec. 112. Nuclear, biological, and chemical protective masks.
Sec. 113. Chemical agent monitoring program.
Sec. 114. Close tactical trainer quickstart program.
Subtitle C—Air Force Programs
Sec. 121. Modernization of the heavy bomber force.
Sec. 122. B–2 bomber aircraft program.
Sec. 123. Access by Comptroller General to information on heavy bomber pro-
grams.
Sec. 124. C–17 aircraft program.
Sec. 125. Joint primary aircraft training system.
Sec. 126. Solid rocket motor upgrade program.
Sec. 127. Live-fire survivability testing of the C–17 aircraft.
Subtitle D—Other Programs
Sec. 131. ALQ–135 jammer device.
Sec. 132. Funding for certain tactical intelligence programs.
Sec. 133. Global Positioning System.
Sec. 134. Sense of Congress on expediting sealift procurement.
Sec. 135. Permanent authority to carry out AWACS memoranda of understand-
ing.
Sec. 136. Ring laser gyro navigation systems.
Sec. 137. Operational support aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorizations
Sec. 201. Authorization of appropriations.
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Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Strategic Environmental Research and Development Program.
Sec. 204. Funding for defense conversion and reinvestment research and develop-
ment programs.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Kinetic Energy Antisatellite Program.
Sec. 212. Javelin missile program.
Sec. 213. Plan for testing new electronic countermeasures system for B–1B bomb-
ers.
Sec. 214. Space launch plan.
Sec. 215. Medical countermeasures against biowarfare threats.
Sec. 216. Baseline report for the Arrow tactical ballistic missile defense system.
Sec. 217. Limitations regarding federally funded research and development cen-
ters.
Subtitle C—Missile Defense Programs
Sec. 221. Revision of the Missile Defense Act of 1991.
Sec. 222. Funding of certain ballistic missile defense programs.
Sec. 223. Requirement for review of ballistic missile defense systems and compo-
nents for compliance with ABM Treaty.
Sec. 224. Theater missile defense master plan.
Sec. 225. Extension of authority for transfer of responsibility for far-term follow-
on technologies.
Sec. 226. Report on acquisition streamlining to accelerate deployment of initial
ABM system.
Sec. 227. Funding for ballistic missile defense programs.
Sec. 228. Testing of national missile defense program projects.
Subtitle D—Other Matters
Sec. 231. Nuclear testing.
Sec. 232. One-year delay in transfer of management responsibility for naval mine
countermeasures program to the Director, Defense Research and
Engineering.
Sec. 233. Termination, reestablishment, and reconstitution of an advisory council
on semiconductor technology.
Sec. 234. Authority to acquire Navy large cavitation channel, Memphis, Ten-
nessee.
Sec. 235. Strategic Environmental Research Council.
Sec. 236. Sense of the Senate on metalcasting industry.
Sec. 237. Interim reconnaissance program.
Subtitle E—Programs in Support of the Prevention and
Control of Proliferation of Weapons of Mass Destruction
Sec. 241. Short title.
Sec. 242. Sense of Congress.
Sec. 243. Joint Committee for Review of Nonproliferation Programs of the United
States.
Sec. 244. Report on nonproliferation and counterproliferation activities and pro-
grams.
Sec. 245. Definitions.
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TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Funding national defense strategic lift requirements.
Sec. 304. Armed Forces Retirement Home.
Sec. 305. National Security Education Trust Fund obligations.
Sec. 306. Transfer authority.
Sec. 307. Funds for clearing landmines.
Subtitle B—Defense Business Operations Fund
Sec. 311. Extension of authority for use of the Defense Business Operations Fund.
Sec. 312. Implementation of the Defense Business Operations Fund.
Sec. 313. Limitation on obligations against the Defense Business Operations
Fund.
Subtitle C—Environmental Provisions
Sec. 321. Authority for military departments to participate in water conservation
programs.
Sec. 322. Clarification of authority for energy conservation programs at military
installations.
Sec. 323. Clarification of funding for environmental restoration activities at in-
stallations to be closed or realigned.
Sec. 324. Annual report on environmental restoration activities of the Depart-
ment of Defense.
Sec. 325. Extension of period of applicability of requirement for reimbursement
of the Federal government for certain liabilities arising under
contracts relating to hazardous waste.
Sec. 326. Prohibition on the purchase of surety bonds and other guaranties for
the Department of Defense.
Sec. 327. Clarification of scope of indemnification of transferees of closing defense
property.
Sec. 328. Shipboard plastic and solid waste control.
Subtitle D—Other Matters
Sec. 331. Repeal of an exception to a limitation on the performance of depot-level
maintenance of materiel.
Sec. 332. Maintenance and repair of Pacific battle monuments.
Sec. 333. Purchase of items not exceeding $100,000.
Sec. 334. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Sec. 335. Contracts to perform workloads previously performed by depot-level ac-
tivities of the Department of Defense.
Sec. 336. Promotion of civilian marksmanship.
Sec. 337. Amendments regarding pilot program to use National Guard personnel
in medically underserved communities.
Sec. 338. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 339. Annual assessment of force readiness.
Sec. 340. Budget information on Department of Defense recruiting expenditures.
Sec. 341. Revision of authorities on National Security Education Trust Fund.
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TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation of permanent end strength limitations for certain
grades of officers in the Marine Corps.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserve com-
ponents.
Sec. 413. Temporary variation of permanent end strength limitations for Air
Force personnel serving on active duty in certain grades in sup-
port of the reserve components.
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. Award of constructive service credit for advanced education in a health
profession.
Sec. 502. Original appointment as regular officers certain reserve officers in
health professions.
Sec. 503. Temporary authority for involuntary separation of certain regular war-
rant officers.
Sec. 504. Two-year extension of authority for temporary promotions of certain
Navy lieutenants.
Subtitle B—Reserve Components
Sec. 511. Limited delegation of Presidential authority to order Selected Reserve
to active duty.
Sec. 512. Two-year extension of certain reserve officer management authorities.
Sec. 513. Consistency of treatment of National Guard technicians and other mem-
bers of the National Guard.
Sec. 514. Exception to requirement for 12 weeks of basic training.
Sec. 515. National Guard management initiatives.
Sec. 516. Frequency of physical examinations of members of the Ready Reserve.
Subtitle C—Service Academies
Sec. 521. Congressional nominations.
Sec. 522. Graduation leave.
Sec. 523. Management of faculties.
Subtitle D—Force Reduction Transition
Sec. 531. Teacher and teacher aide program for separated members of the Armed
Forces.
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Sec. 532. Extension of personnel management and benefits transition authorities.
Sec. 533. Technical and conforming amendments relating to transition authori-
ties.
Subtitle E—Other Matters
Sec. 541. Assignments of women members of the Armed Forces.
Sec. 542. Reduction in the maximum number of years to be on temporary disabil-
ity retired list.
Sec. 543. Clarification of punitive UCMJ article regarding drunken driving.
Sec. 544. Authority to reduce active duty service obligation incurred in connec-
tion with advanced education assistance.
Sec. 545. Award of Purple Heart to members killed or wounded in action by
friendly fire.
Sec. 546. Policy concerning homosexuality in the Armed Forces.
Sec. 547. Employment of retired members by foreign governments.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1994.
Subtitle B—Bonuses, Special Pay, and Incentive Pay
Sec. 611. Modification of authority relating to payment of certain Selected Re-
serve bonuses.
Sec. 612. Extension of authority relating to payment of certain bonuses, payment
of other special pay, and repayment of certain education loans.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Reimbursement of temporary lodging expenses.
Sec. 622. Treatment of advance pay paid to members evacuated from Homestead
Air Force Base.
Subtitle D—Matters Related to Retired Pay and Separation
Benefits
Sec. 631. Special pay for certain disabled members.
Sec. 632. Standardization of minimum service requirement for eligibility for cer-
tain separation benefits.
Sec. 633. Expansion of eligibility for certain separation benefits.
Sec. 634. Applicability to Coast Guard Reserve of certain reserve components
transition initiatives.
Subtitle E—Benefits for Former POWs and Other Members
Held Captive
Sec. 641. Permanent authority for claims by former prisoners of war based on
violations of Geneva Conventions.
Sec. 642. Members eligible for benefits when held captive by terrorists.
Subtitle F—Other Matters
Sec. 651. Authority to limit direct payment of pay and allowances to certain
members during war, hostilities, or national emergency.
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Sec. 652. Losses incurred and gains realized in connection with housing members
in private housing abroad.
Sec. 653. Postponement of performance of certain tax-related acts for certain per-
sons serving in contingency operations.
Sec. 654. Benefits for dependents of members of the Armed Forces pending loss
of right to retired pay as a result of a court-martial.
Sec. 655. Sense of Senate relating to excess leave and permissive temporary duty
for certain members of the Armed Forces.
TITLE VII—HEALTH CARE PROVISIONS
Sec. 701. Extension and revision of specialized treatment facility program au-
thority.
Sec. 702. Codification of CHAMPUS Peer Review Organization program proce-
dures.
Sec. 703. Flexible deadline for commencement of CHAMPUS Reform Initiative in
Hawaii and California.
Sec. 704. Delay of termination of status of certain facilities as uniformed services
treatment facilities.
Sec. 705. Exclusion of experienced military physicians from medicare definition
of new physician.
Sec. 706. Enrollment in the dependents’ dental program by certain members re-
turning from overseas assignments.
Sec. 707. Sense of Senate on the provision of adequate medical care to military
retirees.
Sec. 708. Independent study of conduct of medical study by Arctic Aeromedical
Laboratory, Ladd Air Force Base, Alaska.
TITLE VIII—ACQUISITION POLICY
Subtitle A—Defense Technology and Industrial Base,
Reinvestment, and Conversion
Sec. 801. Manufacturing Science and Technology Program.
Sec. 802. University Research Initiative Support Program.
Sec. 803. Operating Committee of the Critical Technologies Institute.
Sec. 804. Targeting defense conversion funds.
Sec. 805. Small business participation.
Subtitle B—Acquisition Assistance Programs
Sec. 811. Contract goal for disadvantaged small businesses and certain institu-
tions of higher education.
Sec. 812. Procurement technical assistance programs.
Sec. 813. Pilot Mentor-Protege Program funding and improvements.
Subtitle C—Other Matters
Sec. 821. Reimbursement of indirect costs of institutions of higher education
under Department of Defense contracts.
Sec. 822. Prohibition on purchase of United States defense contractors by entities
controlled by foreign governments.
Sec. 823. Prohibition on award of certain Department of Defense and Depart-
ment of Energy contracts to entities controlled by a foreign gov-
ernment.
Sec. 824. Reports by defense contractors on dealings with terrorist countries and
nationals of terrorist countries.
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Sec. 825. Department of Defense purchases through other agencies.
Sec. 826. Authority of the Advanced Research Projects Agency to carry out cer-
tain pilot demonstration projects and prototype projects.
Sec. 827. Improvement of pricing policies for use of major range and test facility
installations of the military departments.
Subtitle D—Defense Acquisition Pilot Program
Sec. 831. Defense acquisition pilot program amendments.
Sec. 832. Reference to defense acquisition pilot program.
Sec. 833. Mission oriented program management.
Sec. 834. Savings objectives.
Sec. 835. Program phases and phase funding.
Sec. 836. Program work force policies.
Sec. 837. Efficient contracting processes.
Sec. 838. Contract administration: Performance based contract management.
Sec. 839. Contractor performance assessment.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Sec. 901. Assistant Secretary of Defense for Legislative Affairs.
Sec. 902. Responsibilities of the Comptroller of the Department of Defense.
Sec. 903. Repeal of termination of requirement for a Director of Expeditionary
Warfare.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Revision of date for submittal of joint report on scoring of budget
outlays.
Sec. 1003. Discretionary authority of the Comptroller General to conduct an-
nual audits of the acceptance by the Department of Defense
of property, services, and contributions.
Subtitle B—Fiscal Year 1993 Authorization Matters
Sec. 1011. Authority for obligation of certain unauthorized fiscal year 1993 de-
fense appropriations.
Sec. 1012. Limitation on obligation for certain unauthorized appropriations.
Sec. 1013. Use of fiscal year 1993 Air Force aircraft procurement funds for
higher priority programs.
Sec. 1014. Supplemental authorization of appropriations for fiscal year 1993.
Subtitle C—Joint Officer Personnel Matters
Sec. 1021. Joint officer personnel policy.
Sec. 1022. Joint duty credit for certain duty performed during Operations
Desert Shield and Desert Storm.
Subtitle D—Matters Relating to Reserve Components
Sec. 1031. Review of Air Force plans to transfer heavy bombers to reserve com-
ponents units.
Sec. 1032. Requirement for transfer of air refueling aircraft to reserve compo-
nents of the Air Force.
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Subtitle E—International Peacekeeping Activities
Sec. 1041. General authorization of support for international peacekeeping ac-
tivities.
Sec. 1042. Report on multinational peacekeeping and peace enforcement.
Subtitle F—Matters Relating to Allies and Other Nations
Sec. 1051. Burden sharing contributions by Japan, Kuwait, and the Republic
of Korea.
Sec. 1052. Defense conversion and reinvestment; export loan guarantees.
Sec. 1053. Findings regarding defense cooperation between the United States
and Israel.
Sec. 1054. Defense burdensharing.
Subtitle G—Other Matters
Sec. 1061. Additional support for counter-drug activities.
Sec. 1062. Report on personnel requirements for control of transfer of certain
weapons.
Sec. 1063. National Guard Civilian Youth Opportunities Pilot Program amend-
ments.
Sec. 1064. Civilian faculty of the George C. Marshall European Center for Se-
curity Studies.
Sec. 1065. Administrative improvements in Goldwater Scholarship and Excel-
lence in Education Program.
Sec. 1066. U.S.S. Indianapolis Memorial, Indianapolis, Indiana.
Sec. 1067. Involvement of Armed Forces in Somalia.
Sec. 1068. Sense of the Congress regarding establishment of an Office of Eco-
nomic Conversion information within the Department of Com-
merce.
Sec. 1069. Transfer of obsolete destroyer tender Yosemite.
Sec. 1070. Transportation of cargoes by water.
Sec. 1071. Burial of remains at Arlington National Cemetery.
Sec. 1072. Sense of the Congress regarding the justification for continuing the
extremely low frequency communication system.
Sec. 1073. Basing for C–130 aircraft.
Sec. 1074. Importance of naval oceanography survey and research in the post-
cold war period.
Sec. 1075. Digital electronic devices.
Sec. 1076. Research on exposure to hazardous agents and materials of armed
services personnel who served in the Persian Gulf war.
Sec. 1077. Sense of Congress relating to the proliferation of space launch vehi-
cle technologies.
Sec. 1078. American diplomatic facilities in Germany.
Sec. 1079. Effective date for changes in Servicemen’s Group Life Insurance
Program.
Sec. 1080. Award of the Navy Expeditionary Medal.
Sec. 1081. Report on military food distribution practices.
Sec. 1082. Prevention of entry into the United States of certain former mem-
bers of the Iraqi armed forces.
Sec. 1083. Short title.
Sec. 1084. Findings; policy.
Sec. 1085. Report.
Sec. 1086. Location of Joint Warfighting Simulation Center.
Sec. 1087. Sanctions against Serbia and Montenegro.
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Sec. 1088. Environmental education opportunities program.
Sec. 1089. Medical laser burn treatment.
Sec. 1090. Technical and clerical amendments.
Sec. 1091. Termination of certain Department of Defense reporting require-
ments.
Sec. 1092. Reports relating to certain special access programs and similar pro-
grams.
Sec. 1093. Department of Defense food stocks for assistance in Bosnia-
Hercegovina and Armenia.
Sec. 1094. Landmine Moratorium Extension Act.
TITLE XI—COOPERATIVE THREAT REDUCTION WITH
STATES OF FORMER SOVIET UNION
Sec. 1101. Short title.
Sec. 1102. Findings on cooperative threat reduction.
Sec. 1103. Authority for programs to facilitate cooperative threat reduction.
Sec. 1104. Funding for fiscal year 1994.
Sec. 1105. Prior notice to Congress of obligation of funds.
Sec. 1106. Semiannual report.
Sec. 1107. Appropriate congressional committees defined.
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. Termination of authority to carry out certain projects.
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. Termination of authority to carry out certain projects.
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. Termination of authority to carry out certain projects.
Sec. 2306. Relocation of student dormitory project to Beale Air Force Base, Cali-
fornia.
Sec. 2307. Relocation of munition maintenance facility project to Beale Air Force
Base, California.
Sec. 2308. Relocation of combat arms training and maintenance facility project
to Schofield Barracks Open Range, Hawaii.
Sec. 2309. Authority to transfer funds for construction of family housing, Scott
Air Force Base, Illinois.
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Sec. 2310. Increase in authorized unit cost for certain family housing, Randolph
Air Force Base, Texas.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination of authority to carry out certain projects.
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. Reduction in amounts authorized to be appropriated for Reserve mili-
tary construction projects.
TITLE XXVII—EXPIRATION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Revision of military family housing rental authority.
Sec. 2802. Use of proceeds of sale of electricity from alternate energy and cogen-
eration production facilities.
Sec. 2803. Energy conservation measures for the Department of Defense.
Sec. 2804. Authority to acquire existing facilities in lieu of carrying out construc-
tion authorized by law.
Sec. 2805. Treatment of participation in Department of State housing pool under
limitation on family housing rentals overseas.
Sec. 2806. Extension of authority to lease real property for special operations ac-
tivities.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Modification of requirement for reports on activities of the Defense
Base Closure Account 1990.
Sec. 2812. Base closure criteria.
Sec. 2813. Limitation on expenditure of funds from the Defense Base Closure Ac-
count 1990 for military construction in support of transfers of
functions.
Sec. 2814. Evaluation and report on proposals for purchase or lease of certain
facilities, Arlington, Virginia.
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Sec. 2815. Residual value of overseas installations being closed.
Sec. 2816. Justification of recommendations for closure or realignment of instal-
lations previously considered for closure or realignment.
Sec. 2817. Employment of Department of Defense civilian personnel to carry out
environmental restoration at military istallations to be closed.
Sec. 2818. Reports on costs of the closure or realignment of military installations.
Sec. 2819. Consultation requirement for local reuse authorities and governments.
Subtitle C—Land Transactions
Sec. 2831. Conveyance of natural gas distribution system, Fort Belvoir, Virginia.
Sec. 2832. Conveyance of water distribution system, Fort Lee, Virginia.
Sec. 2833. Conveyance of waste water treatment facility, Fort Pickett, Virginia.
Sec. 2834. Conveyance of water distribution system and reservoir, Stewart Army
Subpost, New York.
Sec. 2835. Lease of real property, Camp Pendleton Marine Corps Base, Califor-
nia.
Sec. 2836. Conveyance of electricity distribution system, Fort Dix, New Jersey.
Sec. 2837. Modification of termination of lease and sale of facilities, Naval Re-
serve Center, Atlanta, Georgia.
Sec. 2838. Conveyance of radar bomb scoring site, Conrad, Montana.
Sec. 2839. Financial assistance for improvement of Dysart Channel, Luke Air
Force Base, Arizona.
Sec. 2840. Land conveyance, Broward County, Florida.
Sec. 2841. Land transfer, Woodbridge Research Facility, Virginia.
Sec. 2842. Land conveyance, Charleston, South Carolina.
Sec. 2843. Availability of surplus military equipment.
Sec. 2844. Conveyance of land in Fort Missoula, Montana.
Sec. 2845. Land transfer, Fort Sheridan, Illinois and Arlington County, Vir-
ginia.
Subtitle D—Other Matters
Sec. 2851. Reports on economic and environmental effects of transfer of Mine
Warfare Center of Excellence.
Sec. 2852. Prohibition on use of funds for planning and design for Department
of Defense vaccine production facility.
Sec. 2853. Grant relating to elementary school for dependents of Department of
Defense personnel, Fort Belvoir, Virginia.
Sec. 2854. Allocation of space in Federal buildings to cerdit unions.
Sec. 2855. Study of effects of Air Force activities on Duck Valley Reservation.
Sec. 2856. Disposition of real property at missile sites to adjacent landowners.
TITLE XXIX—BASE CLOSURE ASSISTANCE
Sec. 2901. Short title.
Sec. 2902. Findings.
Sec. 2903. Prohibition on transfer of certain property located at military instal-
lations to be closed.
Sec. 2904. Authority to transfer property at closed or realigned installations to
affected communities and States.
Sec. 2905. Authority to lease certain property at installations to be closed.
Sec. 2906. Delegation of authority to enter into leases of certain property.
Sec. 2907. Expedited determination of transferability of excess property of instal-
lations to be closed.
Sec. 2908. Availability of property and services for assisting the homeless.
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Sec. 2909. Transition coordinators for assistance to communities affected by the
closure of installations.
Sec. 2910. Coordination of activities of other Federal departments and agencies
relating to installations to be closed.
Sec. 2911. Community Response Board.
Sec. 2912. Assistance to affected States and communities through the Office of
Economic Adjustment.
Sec. 2913. Identification of uncontaminated property at installations to be closed.
Sec. 2914. Seminars on reuse or redevelopment of property at installations to be
closed.
Sec. 2915. Compliance with certain environmental requirements relating to clo-
sure of installations.
Sec. 2916. Authority to contract for certain services at installations being closed
or realigned.
Sec. 2917. Clarification of utilization of funds for community economic adjust-
ment assistance.
Sec. 2918. Definitions.
Sec. 2919. Authority to contract for certain services at installations being closed
or realigned.
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. New tritium production and plutonium disposition activities.
Sec. 3103. Environmental restoration and waste management.
Sec. 3104. Materials support and other defense programs.
Sec. 3105. Defense nuclear waste disposal.
Sec. 3106. Funding uses and limitations.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Other Matters
Sec. 3131. Use of funds for payment of penalty assessed against Hanford project.
Sec. 3132. Office of Tritium Production and Plutonium Disposition.
Sec. 3133. Authority to transfer certain Department of Energy property.
Sec. 3134. Reauthorization and expansion of authority to loan personnel and fa-
cilities.
Sec. 3135. Inclusion of analysis of Nevada Test Site in environmental assessment
of reconfiguration of Department of Energy nuclear weapons
complex.
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Sec. 3136. Department of Energy management.
Sec. 3137. Training programs for management of hazardous materials and of
hazardous materials emergency response activities.
Sec. 3138. Review of Department of Energy environmental compliance agree-
ments.
Sec. 3139. Extension of review of waste isolation pilot plant in New Mexico.
Sec. 3140. Standardization of Requirements affecting Department of Energy em-
ployees.
Subtitle D—Cooperative Research and Development
Sec. 3141. Short title.
Sec. 3142. Definitions.
Sec. 3143. Competitiveness amendment to the Department of Energy Organiza-
tion Act.
Sec. 3144. National advanced manufacturing technologies program.
Sec. 3145. Not-for-profit organizations.
Sec. 3146. Career path program.
Sec. 3147. AVLIS commercialization.
Sec. 3148. Amendments to Stevenson-Wydler Technology Innovation Act.
Sec. 3149. Guidelines.
Sec. 3150. Authorization.
TITLE XXXII—NUCLEAR SAFETY
Sec. 3201. Authorization for Defense Nuclear Safety Board.
Sec. 3202. Requirement for transmittal to Congress of certain information pre-
pared by Defense Nuclear Safety Board.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Subtitle A—Authorizations of Disposals and Use of Funds
Sec. 3301. Disposal of obsolete and excess materials contained in the National De-
fense Stockpile.
Sec. 3302. Revision of authority to dispose of certain materials authorized for
disposal in fiscal year 1993.
Sec. 3303. Authorized uses of stockpile funds.
Subtitle B—Programmatic Changes
Sec. 3311. Stockpiling principles.
Sec. 3312. Period of limitation for changing annual materials plan.
Sec. 3313. Rotation of materials to prevent technological obsolescence.
Sec. 3314. Uses of the National Defense Stockpile Transaction Fund.
Sec. 3315. National emergency planning assumptions for biennial report on
stockpile requirements.
Sec. 3316. Repeal of advisory committee requirement.
TITLE XXXIV—CIVIL DEFENSE
Sec. 3401. Authorization of appropriations.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
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Sec. 3504. Employment of commission employees by the Government of Panama.
Sec. 3505. Labor-management relations.
Sec. 3506. Effective date.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means the Committees on Armed Services
and the Committees on Appropriations of the Senate and
House of Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Funding Authorizations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Army as follows:
(1) For aircraft, $1,249,539,000.
(2) For missiles, $1,083,810,000.
(3) For weapons and tracked combat vehicles,
$1,009,679,000.
(4) For ammunition, $621,049,000.
(5) For other procurement, $2,864,575,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1994 for procurement for the Navy
as follows:
(1) For aircraft, $5,755,166,000.
(2) For weapons, $3,000,614,000.
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(3) 
For 
shipbuilding 
and 
conversion,
$4,264,647,000.
(4) For other procurement, $2,820,931,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1994 for procurement for
the Marine Corps in the amount of $480,521,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Air Force as follows:
(1) For aircraft, $4,041,664,000.
(2) For missiles, $4,245,404,000.
(3) For other procurement, $7,610,888,000.
SEC. 104. DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Defense Agencies in
the amount of $2,044,971,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement for the Inspector General of
the Department of Defense in the amount of $600,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for procurement of aircraft, vehicles, commu-
nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
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(1) For the Army National Guard, $85,000,000.
(2) For the Air National Guard, $285,000,000.
(3) For the Army Reserve, $65,000,000.
(4) For the Naval Reserve, $55,000,000.
(5) For the Air Force Reserve, $50,000,000.
(6) For the Marine Corps Reserve, $20,000,000.
(7) For reserve component simulation equip-
ment, $75,000,000.
(8) For National Guard aircraft replacement
and modernization, $150,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1994, $442,947,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
Subtitle B—Army Programs
SEC. 111. MODIFIED M113 CARRIERS AND AGT–1500 TUR-
BINE ENGINES.
(a) ADDITIONAL
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to the funds authorized to be appro-
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priated in section 101, funds are authorized to be appro-
priated for the Army for procurement of modified M113
carriers and AGT–1500 turbine engines in the amount of
$148,000,000.
(b) LIMITATION.—None of the funds appropriated pur-
suant to the authorization in subsection (a) may be obli-
gated during fiscal year 1994.
SEC. 112. NUCLEAR, BIOLOGICAL, AND CHEMICAL PROTEC-
TIVE MASKS.
Of the unobligated balance of the funds appropriated
for the Army for fiscal year 1993 for other procurement,
$9,300,000 shall be available, to the extent provided in ap-
propriations Acts, for procurement of M40/M42 nuclear, bi-
ological, and chemical protective masks.
SEC. 113. CHEMICAL AGENT MONITORING PROGRAM.
Funds appropriated for the Army for fiscal year 1993
for other procurement may not be obligated after the date
of the enactment of this Act for the Improved Chemical
Agent Monitor (ICAM) program.
SEC. 114. CLOSE TACTICAL TRAINER QUICKSTART PRO-
GRAM.
Authority to reprogram funds for the Close Combat
Tactical Trainer Quickstart Program. Subject to existing
reprogramming procedures, the Secretary of the Army is
authorized to reprogram funds in fiscal year 1994 to pro-
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cure long lead component hardware items to accelerate the
Close Combat Tactical Trainer Quickstart Program.
Subtitle C—Air Force Programs
SEC. 121. MODERNIZATION OF THE HEAVY BOMBER FORCE.
(a) FUNDING.—Of the amount authorized to be appro-
priated under section 103—
(1) not more than $37,400,000 shall be available
for procurement of B–52 bomber aircraft; and
(2) not more than $177,355,000 shall be avail-
able for the B–1B bomber aircraft program.
(b) LIMITATIONS ON FUNDING.—Of the total amount
made available pursuant to subsection (a) for the programs
referred to in such subsection—
(1) none of such amount may be obligated or ex-
pended until all of the requirements set forth in sec-
tion 152 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2340) have been met; and
(2) not more than 50 percent of such amount
may be expended before the commencement of flight
testing in accordance with the test plan required by
section 152(a) of such Act.
SEC. 122. B–2 BOMBER AIRCRAFT PROGRAM.
(a) AMOUNT FOR PROGRAM.—Subject to subsection
(b), of the amount appropriated to the Air Force pursuant
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to section 103(1) for fiscal year 1994 for procurement of
aircraft, not more than $626,200,000 may be obligated for
the B–2 bomber aircraft program.
(b) LIMITATIONS ON OBLIGATION.—(1) None of the
funds made available for fiscal year 1994 for the B–2 bomb-
er aircraft program may be obligated until the Secretary
of Defense has submitted to the congressional defense com-
mittees the certifications and reports described in section
151(d)(1) of the National Defense Authorization Act for Fis-
cal Year 1993 (Public Law 102–484; 106 Stat. 2339).
(2) Of the unobligated balances of funds authorized to
be appropriated for procurement of B–2 aircraft for fiscal
years 1992, 1993, and 1994, none of such funds may be
obligated until—
(A) the Secretary of the Air Force—
(i) has entered into a definitized production
contract with the prime contractor for air vehi-
cles 17 through 21; or
(ii) has submitted to the congressional de-
fense committees a report setting forth the rea-
sons that a definitized contract cannot be entered
into; and
(B) the Secretary of Defense has submitted to
such committees a certification that the Department
of the Air Force is in full compliance with the B–2
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correction-of-deficiency requirements set forth in sec-
tion 117(d) of Public Law 101–189 (103 Stat. 1376)
in all aspects of deficiency correction.
(c) TOTAL PROGRAM LIMITATIONS.—(1) Notwith-
standing any other provision of law, funds available for the
Department of Defense pursuant to authorizations of appro-
priations in this or any other Act may not be expended
for acquisition of more than 20 fully operational B–2 bomb-
er aircraft that meet the Block 30 requirements (as defined
by the Secretary of the Air Force as of August 1, 1993),
plus one test aircraft.
(2) The total amount obligated on or after the date
of the enactment of this Act for research, development, test,
and evaluation for, and acquisition, modification and ret-
rofitting of, the 20 B–2 bomber aircraft (and the one test
aircraft) referred to in paragraph (1) and for paying the
costs associated with termination of the B–2 bomber air-
craft program upon completion of the acquisition of such
20 aircraft (and the one test aircraft) may not exceed
$28,968,000,000 (in fiscal year 1981 constant dollars).
(3) The Congress declares that it will consider enacting
legislation to increase the amount of the limitation specified
in paragraph (2) if—
(A) for any fiscal year beginning after Septem-
ber 30, 1994, the Secretary of Defense has requested
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funds for the B–2 bomber aircraft program in the
documents submitted to Congress by the Secretary in
connection with the budget submitted to Congress pur-
suant to section 1105 of title 31, United States Code,
for that fiscal year;
(B) obligation of the total amount of the funds
so requested would not have violated the limitation;
and
(C) the requested funds—
(i) have not been made available for such
fiscal year as requested; or
(ii) have been made available for such fiscal
year but have not been obligated in such fiscal
year by reason of any limitation or restriction
on the obligation of such funds that is contained
in an Act enacted after the date of the enactment
of this Act.
SEC. 123. ACCESS BY COMPTROLLER GENERAL TO INFOR-
MATION ON HEAVY BOMBER PROGRAMS.
The Secretary of Defense shall take all actions that are
necessary to ensure that the Comptroller General of the
United States and employees of the General Accounting Of-
fice designated by the Comptroller General have full, free,
and prompt access to data, reports, and analyses generated
by or on behalf of the Department of the Air Force (includ-
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ing by Air Force contractors) that relate to operation,
maintenance, repair, and modernization of heavy bombers,
and the plans of the Air Force for operation, maintenance,
repair, and modernization of heavy bombers in the future.
SEC. 124. C–17 AIRCRAFT PROGRAM.
(a) FISCAL YEAR 1994 LIMITATION.—None of the
funds appropriated for the Department of Defense for fiscal
year 1994 may be made available for procurement of C–
17 aircraft until—
(1) all limitations and requirements set forth in
subsections (b), (c), (d), (f), and (g) of section 134 of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 106 Stat. 2335) are
satisfied; and
(2) the Secretary of Defense submits to the con-
gressional defense committees a report on the C–17
acquisition program that contains—
(A) the results of the special Defense Acqui-
sition Board review of the program;
(B) a discussion of the corrective actions to
be taken by the Air Force with regard to such
program;
(C) a discussion of the corrective actions to
be taken by the contractor with regard to such
program; and
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(D) the findings and recommendations of
the special Defense Science Board group result-
ing from the investigation of the program by
that group.
(b) FISCAL YEAR 1995 LIMITATION.—None of the
funds appropriated for the Department of Defense for fiscal
year 1995 that are made available for the C–17 aircraft
program (other than funds for advance procurement) may
be obligated before the Secretary of Defense submits to the
congressional defense committees a report containing a re-
view of the airlift requirements of the Armed Forces. The
review shall—
(1) be based on an analysis by a federally funded
research and development center; and
(2) reflect consideration of—
(A) the changes in total airlift requirements
resulting from the disintegration of the Warsaw
Pact and Soviet Union that eliminate any major
trans-Atlantic airlift requirement for Europe;
(B) the change in airlift requirements from
requirements for airlift of large quantities of
outsize cargo for reinforcement of the North At-
lantic Treaty Organization (NATO) forces to re-
quirements for airlift in connection with such
lesser regional contingencies and humanitarian
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operations as Operation Desert Shield, Oper-
ation Desert Storm, and Operation Restore
Hope;
(C) the potential contribution that planned
strategic 
sealift 
improvements 
can 
make
toward—
(i) reducing the total demand for air-
lift; and
(ii) changing the type of cargo that
airlift aircraft must carry;
(D) the declining demand for conducting
airlift operations in austere airfield environ-
ments; and
(E) the trade-off between purchasing the
type of additional capability that the C–17 air-
craft can provide and purchasing and employing
additional support equipment that would in-
crease the cargo airlift capability of commercial
cargo aircraft.
(c) LIMITATION ON ACQUISITION OF MORE THAN 5
AIRCRAFT.—Funds appropriated for the Department of De-
fense for fiscal years after fiscal year 1993 that are made
available for the C–17 aircraft program (other than funds
for advance procurement) may not be obligated to produce
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more than 5 C–17 aircraft until the program meets the fol-
lowing milestones:
(1) Clearance of flight envelope with respect to
altitude and speed.
(2) Takeoff of aircraft at a gross weight of
580,000 pounds and 160,000 pounds payload within
a critical field length of 8500 feet at sea level and 90
degrees Fahrenheit day conditions (or equivalent re-
sults under other conditions).
(3) Backing aircraft up a two degree slope with
a gross weight of 510,000 pounds.
(4) Unassisted 180 degree turn of aircraft on a
paved runway of load classification group IV in less
than 90 feet, using three maneuvers.
(5) Completion of static article ultimate load
(150 percent of design limit load) test condition S.P.
5030 for wing up bending.
(6) Completion of electromagnetic radiation,
electromagnetic compatibility, and lightening tests.
(7) Low velocity air drop of 5,000-pound, 8-foot
length platform.
(8) Sequential air drop of multiple simulated
paratroop dummies from both paratroop doors.
(9) A minimum unit equivalent assembly rate of
6.0 assemblies per year, as measured by the ratio of
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annualized standard hours earned to that required to
assemble one aircraft from the beginning of assembly
to the completion of assembly prior to movement to
the ramp at the prime contractor’s facilities.
(10) For all aircraft scheduled for delivery in the
prior 6-month period, delivery of each aircraft within
one month of scheduled delivery date.
(d) LIMITATION ON ACQUISITION OF MORE THAN 8
AIRCRAFT.—Funds appropriated for the Department of De-
fense for fiscal years after fiscal year 1993 that are made
available for the C–17 aircraft program (other than funds
for advance procurement) may not be obligated to produce
more than 8 aircraft until the program meets the following
additional milestones:
(1) Clearance of flight envelope with respect to
loads.
(2) Estimate of payload meets 95 percent of the
requirement provided in the full-scale development
contract for the key performance parameters for pay-
load-to-range systems performance.
(3) Operational clearance for aircraft to be air
refueled from operational KC–10 and KC–135 air-
craft at standard Air Force refueling speeds for the
specific tanker in a single receiver formation.
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(4) Demonstration of combat offload with two
463L pallets using the air delivery system rails.
(5) Airdrop of 70 paratroopers on one pass,
using both paratroop doors.
(6) Low velocity air drop of 30,000-pound, 24-
foot length platform.
(e) LIMITATION ON ACQUISITION OF MORE THAN 10
AIRCRAFT.—Funds appropriated for the Department of De-
fense for fiscal years after fiscal year 1993 that are made
available for the C–17 aircraft program (other than funds
for advance procurement) may not be obligated to produce
11 or 12 aircraft until the program meets the following ad-
ditional milestones:
(1) Estimate of payload meets 97.5 percent of the
requirement provided in the full-scale development
contract for the key performance parameters for pay-
load-to-range systems performance.
(2) Landing of aircraft with a payload of
160,000 pounds and fuel necessary to fly 300 nautical
miles on a 3,000-foot long, 90-foot wide, and load
classification group IV runway at sea level, 90 de-
grees Fahrenheit day conditions (or equivalent results
under other conditions).
(3) Low altitude parachute extraction system de-
livery of a 20,000-pound cargo.
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(4) Simultaneous and sequential container deliv-
ery system airdrop of 30 bundles.
(5) Low velocity air drop of 42,000-pound plat-
form.
(6) Satisfactory completion of one lifetime of
testing of durability article.
(7) Air vehicle mean time between removal at
cumulative flying hours to date of measurement indi-
cates that the mature requirement established in the
full-scale development contract will be met.
(f) FUNDING OUT OF NATIONAL DEFENSE STRATEGIC
LIFT FUND.—Funds appropriated for the Department of
Defense for fiscal year 1994 may be made available for pro-
curement of the C–17 aircraft only in accordance with sec-
tion 2218 of title 10, United States Code.
SEC. 125. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM.
No funds appropriated for the Department of Defense
pursuant to an authorization contained in this Act or any
Act enacted after the date of the enactment of this Act may
be obligated or expended to procure Joint Primary Aircraft
Training System aircraft until the Secretary of Defense cer-
tifies to the congressional defense committees that the cock-
pit and ejection seat of such aircraft have been designed
for safe and effective operation of the aircraft and ejection
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system by at least 95 percent of the male pilot trainees and
95 percent of the female pilot trainees.
SEC. 126. SOLID ROCKET MOTOR UPGRADE PROGRAM.
(a) PROHIBITION ON USE OF FUNDS.—Funds appro-
priated to the Department of Defense may be used for im-
plementing a supplemental agreement described in section
9164 of Public Law 102–396 only under the authorities in
subsection (b).
(b) ACTIONS AUTHORIZED.—The Secretary of Defense
may—
(1) 
restructure 
the 
provisions 
of 
contract
F04701–85–C–0019 (hereafter in this subsection re-
ferred to as the ‘‘prime contract’’) and enter into an
agreement to reimburse the subcontractor for the Solid
Rocket Motor Upgrade (SRMU) subcontract under
such prime contract (hereafter in this subsection re-
ferred to as the ‘‘SRMU subcontractor’’) for the costs
incurred by the subcontractor for development and
tooling related to the subcontract;
(2) reimburse the SRMU subcontractor for work-
ing capital expenses related to the subcontract only
after consultation with the Comptroller General of the
United States regarding whether such expenses are al-
lowable under applicable laws;
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(3) settle claims arising from disputes between
the SRMU subcontractor and prime contractor;
(4) transfer funds to reimburse the subcontractor
in accordance with paragraphs (1), (2) and (3);
(5) if the Secretary enters into an agreement to
pay the SRMU subcontractor in accordance with
paragraphs (1), (2) and (3), take such actions as are
necessary to ensure that competitive procedures are
used for awarding contracts in any future procure-
ments of solid rocket motors for the Titan IV launch
system;
(6) take such actions as are necessary to reduce
or eliminate concurrency in the Solid Rocket Motor
Upgrade program;
(7) change the type of the subcontract used for
the Solid Rocket Motor Upgrade production sub-
contract and adjust the ceiling price for the prime
contract accordingly, but only with respect to the
Solid Rocket Motor Upgrade production subcontract;
and
(8) if the Secretary decides to reimburse the
SRMU subcontractor for development costs, tooling,
and claims resulting from the termination or modi-
fication of the subcontract, terminate the Solid Rocket
Motor Upgrade production subcontract or modify
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such subcontract regarding the production quantities
and production rates.
(c) RELATIONSHIP
OF TRANSFER AUTHORITY
TO
OTHER TRANSFER AUTHORITY.—The authority provided
in subsection (b)(4) is not in addition to any other transfer
authority provided in this or any other Act.
SEC. 127. LIVE-FIRE SURVIVABILITY TESTING OF THE C–17
AIRCRAFT.
Section 132(d) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484) is amended
by striking out ‘‘for fiscal year 1993’’.
Subtitle D—Other Programs
SEC. 131. ALQ–135 JAMMER DEVICE.
Subsection 182(b)(2) of Public Law 101–510 is
amended by striking out ‘‘meets or exceeds all operational
criteria established for the program’’ and inserting in lieu
thereof ‘‘is operationally effective and suitable’’.
SEC. 132. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE
PROGRAMS.
Notwithstanding the limitation in section 141 of Pub-
lic Law 102–484 (106 Stat. 2338), funds authorized to be
appropriated under such section are authorized to be made
available for the following purposes:
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(1) To complete EP–3 Aries conversion-in-lieu-
of-procurement for the remainder of the EP–3 Aries
aircraft fleet.
(2) To upgrade communications of the EP–3
Aries aircraft fleet to permit dissemination of col-
lected data.
(3) To complete standardization of the RC–135
Rivet Joint aircraft fleet to Block III Baseline 6 con-
figuration.
SEC. 133. GLOBAL POSITIONING SYSTEM.
(a) PROGRAM STUDY REQUIRED.—(1) The Secretary
of Defense shall provide for an independent study to be con-
ducted on the management and funding of the Global Posi-
tioning System program for the future.
(2) With the agreement of the National Academy of
Sciences and the National Academy of Public Administra-
tion, the study shall be conducted jointly by those organiza-
tions.
(3) Of the amounts authorized to be appropriated to
the Department of Defense for fiscal year 1994 and made
available for procurement of Global Positioning System
user equipment, for procurement of spacecraft, or for oper-
ations and maintenance, $5,000,000 may be used for carry-
ing out the study required by paragraph (1).
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(b) LIMITATION ON PROCUREMENT OF SYSTEMS NOT
GPS EQUIPPED.—Funds may not be obligated after Sep-
tember 30, 2000, to modify or procure any Department of
Defense aircraft, ship, armored vehicle, or indirect fire
weapon system that is not equipped with a Global Position-
ing System receiver.
(c) REPORTING REQUIREMENT.—Not later than May
1, 1994, the Secretary of Defense, in coordination with the
Director of Central Intelligence, shall submit to the congres-
sional defense committees, the Select Committee on Intel-
ligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives a report on
the following questions:
(1) What, if any, threats to the health and safety
of United States military forces, allied military
forces, and the United States and allied civilian pop-
ulations, and what, if any, threats of damage to prop-
erty within the United States and allied countries,
will result by the year 2000 from Global Positioning
System navigation signals, local and wide-area dif-
ferential navigation correction signals, kinematic dif-
ferential correction signals, and commercially avail-
able map products based on the Global Positioning
System?
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(2) What, if any, threat to civil aviation and
other transportation operations will result by the year
2000 from the signal jamming, deception, and other
disruptive effects of Global Positioning System navi-
gation signals?
(3) What, if any, actions can be taken to elimi-
nate or mitigate such threats?
(4) What, if any, modifications of the Global Po-
sitioning System and derivative systems can be made
to eliminate or significantly reduce such threats, or to
increase the ability of the Department of Defense to
mitigate such threats, without interfering with au-
thorized and peaceful uses of the Global Positioning
System?
SEC. 134. SENSE OF CONGRESS ON EXPEDITING SEALIFT
PROCUREMENT.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The Joint Chiefs of Staff have verified the ur-
gent need for increased sealift.
(2) The Persian Gulf war provided graphic evi-
dence of the United States longstanding need for in-
creased sealift.
(3) The Congress has appropriated funds for a
sealift program in each of the past four fiscal years.
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(4) The United States shipbuilding industry and
its supplier base would benefit, economically and
through sustained employment, from increased ship
conversion as well as from new ship construction.
(5) Maintaining or increasing ship conversion
and construction helps to preserve the industrial base
required for effective national defense.
(6) Enhanced sealift capacity is a vital require-
ment for the national security of the United States.
(b) EXPEDITED PROCUREMENT.—It is the sense of the
Congress that the Secretary of the Navy should move expedi-
tiously to award sealift conversion and construction con-
tracts that represent a fair price to the taxpayer.
SEC. 135. PERMANENT AUTHORITY TO CARRY OUT AWACS
MEMORANDA OF UNDERSTANDING.
Section 2350e of title 10, United States Code, is
amended by striking out subsection (d).
SEC. 136. RING LASER GYRO NAVIGATION SYSTEMS.
Notwithstanding any other provision of law, none of
the funds authorized for appropriations in fiscal years
1994, 1993, and 1992 for the Navy shall be obligated or
expended for the procurement of ring laser gyro navigation
systems for surface ships under a sole source contract.
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SEC. 137. OPERATIONAL SUPPORT AIRCRAFT.
None of the funds appropriated for the Department of
Defense for fiscal year 1994 may be obligated for a procure-
ment of any operational support aircraft without full and
open competition (as defined in section 2302(3) of title 10,
United States Code), unless—
(1) the procurement is within an exception set
forth in section 2304(c) of title 10, United States
Code;
(2) the justification and certification require-
ments of section 2304(f) of such title are satisfied; and
(3) the Under Secretary of Defense for Acquisi-
tion certifies to the congressional defense committees
that the procurement is within an exception set forth
in section 2304(c) of such title.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorizations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for the use of the Armed Forces for research,
development, test, and evaluation as follows:
(1) For the Army, $5,303,738,000.
(2) For the Navy, $8,338,931,000.
(3) For the Air Force, $12,681,597,000.
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SEC. 204. FUNDING FOR DEFENSE CONVERSION AND REIN-
VESTMENT RESEARCH AND DEVELOPMENT
PROGRAMS.
(a) Of the amounts authorized to be appropriated
under section 201—
(1) $10,000,000 shall be available for the na-
tional defense program for analysis of the technology
and industrial base under section 2503 of title 10,
United States Code;
(2) $150,000,000 shall be available for defense
dual-use critical technology partnerships established
under section 2511 of such title;
(3) $100,000,000 shall be available for commer-
cial-military integration partnerships established
under section 2512 of such title;
(4) $100,000,000 shall be available for assistance
of regional technology alliances under section 2513 of
such title;
(5) $30,000,000 shall be available for defense ad-
vanced manufacturing technology partnerships estab-
lished under section 2522 of such title;
(6) $100,000,000 shall be available for support of
defense manufacturing technology extension programs
under section 2523 of such title;
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(7) $25,000,000 shall be available for defense
manufacturing engineering education grants under
section 2196 of such title;
(8) $10,000,000 shall be available for support of
manufacturing experts in the classroom program
under section 2197 of such title;
(9) $30,000,000 shall be available for the ad-
vanced materials synthesis and processing partner-
ship program; and
(10) $50,000,000 shall be available for the agile
manufacturing/enterprise integration program.
(b) Of the amounts authorized to be appropriated
under section 201, $10,000,000 shall be available, in addi-
tion to the amounts specified in subsection (a), for the pro-
grams, projects, and activities described in subsection (a).
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. KINETIC ENERGY ANTISATELLITE PROGRAM.
(a) CONVERSION OF PROGRAM.—The Secretary of De-
fense shall convert the Kinetic Energy Antisatellite (KE–
ASAT) Program to a tactical antisatellite technologies pro-
gram.
(b) LEVEL FUNDING.—Of the amounts authorized to
be appropriated in this title, $10,000,000 shall be available
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for fiscal year 1994 for engineering development under the
program.
(c) 
DEVELOPMENT
OF
MOST
CRITICAL
TECH-
NOLOGIES.—The amount referred to in subsection (b) shall
be available for engineering development of the most critical
antisatellite technologies.
(d) LIMITATION PENDING SUBMISSION OF REPORT.—
No funds appropriated to the Department of Defense for
fiscal year 1994 may be obligated for the Kinetic Energy
Antisatillite (KE–ASAT) program until the Secretary of
Defense submits to Congress the report required by section
1363 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 106 Stat. 2560) that con-
tains, in addition to the matter required by such section,
the Secretary’s certification that there is a requirement for
an antisatellite program.
SEC. 212. JAVELIN MISSILE PROGRAM.
(a) LIMITATION.—Of the funds authorized to be appro-
priated in section 201(1), not more than $34,937,000 may
be obligated for the Javelin missile program until the Sec-
retary of Defense certifies to the congressional defense com-
mittees 
that 
the 
Under 
Secretary 
of 
Defense 
for
Acquisition—
(1) has conducted a thorough review of such pro-
gram;
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(2) has determined that the cost problems with
the Javelin missile development and production are
under control;
(3) has completed a cost-effectiveness evaluation
and determined that the Javelin missile should enter
production; and
(4) has approved an enhanced producibility plan
developed by the Army.
(b) COST GROWTH REPORT.—The Secretary of Defense
shall submit to Congress a report on the total extent of the
increase in the cost of the Javelin program. The Secretary
shall include in the report the Secretary’s assessment of the
extent of the contractor’s liability for the increased cost and
the actions being taken by or on behalf of the United States
to obtain compensation for the contractor’s share of the re-
sponsibility for the increased cost.
SEC. 213. PLAN FOR TESTING NEW ELECTRONIC COUNTER-
MEASURES SYSTEM FOR B–1B BOMBERS.
(a) REQUIREMENT FOR PLAN.—The Secretary of De-
fense shall develop a plan for testing the new electronic
countermeasures system being developed for the B–1B bomb-
er.
(b) CONTENT OF PLAN.—The plan shall contain—
(1) a detailed description of plans for devel-
opmental testing and for operational testing, includ-
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ing early operational testing by the Director of Oper-
ational Test and Evaluation; and
(2) a full description of the range of test param-
eters, including B–1B bomber flight conditions, indi-
vidual threat systems against which countermeasures
will be tested, and testing of countermeasures in the
presence of multiple threats.
(c) SUBMISSION OF PLAN.—(1) The Secretary shall
submit the plan to the congressional defense committees.
(2) The Secretary shall provide a copy of the plan to
the Director of Operational Test and Evaluation.
(d) REVIEW AND COMMENT.—The Director of Oper-
ational Test and Evaluation shall review the plan and sub-
mit any comments on the plan to the Secretary and directly
to the congressional defense committees.
(e) SCOPE OF REVIEW.—The review required under
subsection (d) shall include—
(1) the adequacy of the test plan to permit meas-
urement of the extent to which the new electronic
countermeasures system, if procured and installed in
all B–1B bombers, would improve the survivability of
B–1B bombers;
(2) the adequacy of available threat simulators
to characterize threats that the B–1B bomber is likely
to encounter on conventional bombing missions;
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(3) the contribution of the new electronic coun-
termeasures system to the effectiveness of the employ-
ment of B–1B bombers on conventional bombing mis-
sions if the new electronic countermeasures system
were installed on all B–1B bomber aircraft; and
(4) such other matters as the Director of Oper-
ational Test and Evaluation considers significant.
(f) AVAILABILITY OF AUTHORIZED FUNDS.—Of the
amount authorized to be appropriated under section 201(3),
not more than $43,500,000 shall be available for the new
electronic countermeasures system under the B–1B bomber
aircraft program.
(g) LIMITATIONS.—(1) None of the funds made avail-
able pursuant to subsection (f) may be obligated until all
of the requirements set forth in section 152 of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 106 Stat. 2340) have been met.
(2) Of the amount made available pursuant to sub-
section (f), not more than $20,000,000 may be obligated
until the plan required by subsection (a) has been submitted
to the congressional defense committees.
SEC. 214. SPACE LAUNCH PLAN.
(a) PLAN REQUIRED.—The Secretary of Defense shall
develop a space launch plan that contains clearly defined
priorities, goals, and milestones regarding new space
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launch vehicles and technology. The Secretary shall submit
the plan to Congress at the same time that he submits to
Congress the future years defense program in 1994 pursu-
ant to section 221 of title 10, United States Code.
(b) SELECTION OF LAUNCH VEHICLE OPTIONS.—Of
the amount authorized to be appropriated in section 201(3)
and to be made available for research, development, test,
and evaluation of new space launch systems and technology,
the Secretary of Defense shall allocate not less than 75 per-
cent of such amount to one of the following options for a
space launch system:
(1) A comprehensive demonstration of high-risk,
far-term launch technology, such as reusable single-
stage-to-orbit and air-breathing propulsion.
(2) A competitive acquisition program for a du-
rable and inexpensive expendable or reusable launch
vehicle with an initial operational capability date
early in the next decade.
(3) A program to modify existing launch vehicles
to achieve decreased cost and increased responsiveness.
(c) LIMITATION.—Not more than one-third of the
amount authorized to be appropriated in section 201(3)
and to be made available for research, development, test,
and evaluation of new space launch systems and technology
may be obligated until the Secretary certifies to the congres-
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sional defense committees that the option selected for fund-
ing in accordance with subsection (b) is fully funded in the
future years defense program referred to in subsection (a).
(d) USE OF FOREIGN LAUNCH VEHICLES.—(1) The
Secretary of Defense shall conduct one or more studies to
determine the potential for using space launch vehicles of
foreign countries to launch United States national security
payloads. The studies shall be conducted with the goal of
determining whether the use of such launch vehicles would
result in reduced costs for launches of national security
payloads, increased competition in the furnishing of space
launch vehicles for launching such payloads, and a reduc-
tion in the excessive United States space launch industrial
base.
(2) Of the funds authorized to be appropriated under
section 201(3) and to be made available for research, devel-
opment, test, and evaluation of new space launch systems
and technology, the Secretary of Defense shall allocate up
to $5,000,000 for conducting studies described in paragraph
(1).
(e) REQUIREMENT REGARDING DEVELOPMENT
OF
NEW LAUNCH VEHICLES.—If the Secretary of Defense se-
lects an option referred to in paragraph (1) or (2) of sub-
section (b) for full funding in the future years defense plan
referred to in subsection (a), the Secretary shall explore in-
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novative government-industry funding, management, and
acquisition strategies to minimize the cost and time in-
volved.
(f) REQUIREMENT REGARDING MODIFICATION OF EX-
ISTING LAUNCH VEHICLES.—If the Secretary of Defense se-
lects the option referred to in paragraph (3) of subsection
(b) for full funding under the future years defense plan re-
ferred to in subsection (a), the Secretary’s plan shall pro-
vide for Department of Defense use of one medium-lift
launch vehicle for satellite payloads instead of three me-
dium-lift launch vehicles. The Secretary shall use competi-
tive procedures to select the supplier of medium-lift launch
vehicles.
(g) COST REDUCTION REQUIREMENT.—The plan shall
provide for reducing the cost of producing existing launch
vehicles at current and projected production rates below the
current estimates of the costs for such production rates.
SEC. 
215. 
MEDICAL 
COUNTERMEASURES 
AGAINST
BIOWARFARE THREATS.
(a) FUNDING.—Of the amounts appropriated pursuant
to section 201 for fiscal year 1994, not more than
$108,300,000 shall be available for the medical component
of the Biological Defense Research Program (BDRP) of the
Department of Defense.
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(b) LIMITATIONS.—(1) Funds appropriated or other-
wise made available for the Department of Defense for fiscal
year 1994 may be obligated and expended for product devel-
opment, and for research, development, testing, and evalua-
tion, of medical countermeasures against biowarfare threat
agents only in accordance with this section.
(2) Of the funds made available pursuant to subsection
(a), not more than $10,000,000 may be obligated or ex-
pended for research, development, test, or evaluation of med-
ical countermeasures against far-term validated biowarfare
threat agents.
(3) Of the funds made available pursuant to subsection
(a), other than funds made available pursuant to para-
graph (2) for the purpose set out in that paragraph—
(A) not more than 80 percent may be obligated
and expended for product development, or for re-
search, development, test, or evaluation, of medical
countermeasures 
against 
near-term 
validated
biowarfare threat agents; and
(B) not more than 20 percent may be obligated
or expended for product development, or for research,
development, test, or evaluation, of medical counter-
measures against mid-term validated biowarfare
threat agents.
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(c) DEFINITIONS.—In this section, the terms ‘‘vali-
dated biowarfare threat agent’’, ‘‘near-term validated
biowarfare threat agent’’, ‘‘mid-term validated biowarfare
threat agent’’, and ‘‘far-term validated biowarfare threat
agent’’ have the meanings given such terms, respectively,
in section 241(c) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484, 106 Stat.
2359).
SEC. 216. BASELINE REPORT FOR THE ARROW TACTICAL
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) BASELINE REPORT REQUIRED.—Not later than
April 1, 1994, the Secretary of Defense shall submit to the
congressional defense committees a baseline report on the
Arrow tactical ballistic missile defense system of Israel. The
Secretary shall design the report to provide such committees
with the information the committees need to perform their
oversight function.
(b) CONTENT OF REPORT.—At a minimum, the report
shall include the following matters:
(1) The development and procurement schedules
for the program.
(2) The estimated total cost of the program.
(3) The estimated total cost to the United States
of involvement in the program, including funding
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provided through foreign military sales financing
under the Arms Export Control Act.
(4) The same or similar kinds of information
that are included for a major defense acquisition pro-
gram in a Selected Acquisition Report submitted pur-
suant to section 2432 of title 10, United States Code,
to the extent that the Secretary can adapt the infor-
mation requirements of that section for application to
the Arrow tactical ballistic missile defense system.
(5) An assessment of the performance of the
Arrow system.
(6) An evaluation of the development and pro-
duction risks under the program.
(7) Alternatives to the Arrow system for meeting
the tactical ballistic missile defense needs of Israel, in-
cluding providing Israel with an existing or planned
United States weapon system.
(8) For each such alternative—
(A) an assessment of the cost effectiveness of
undertaking the alternative;
(B) the technology transfer implications;
and
(C) the weapon proliferation implications.
(c) FORMS OF REPORT.—The Secretary shall submit
the report in classified and unclassified versions.
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SEC. 217. LIMITATIONS REGARDING FEDERALLY FUNDED
RESEARCH AND DEVELOPMENT CENTERS.
(a) LIMITATIONS.—(1) Funds appropriated or other-
wise made available for the Department of Defense for fiscal
year 1994 pursuant to an authorization of appropriations
in section 201 may be obligated for procuring work from
any federally funded research and development center
named in the table in paragraph (2) subject to the limita-
tions set forth for such center in that table.
(2) The table referred to in paragraph (1) is as follows:
Federally funded
research and de-
velopment center:
Type of work for which
funds may be obligated:
Maximum
amount
that may be
obligated:
Maximum
number of
MTS-years
that may be
procured:
Center for Naval
Analysis.
(unspecified)
$45,400,000
230
Institute for Defense
Analysis.
Systems and engineering in
connection 
with 
oper-
ational test and evalua-
tion.
$13,500,000
Research and development
in connection with com-
mand, control, commu-
nications, 
and 
intel-
ligence.
$33,500,000
136
Studies and analysis.
$56,000,000
300
Rand Project Air
Force.
(unspecified)
$24,000,000
116
National Defense
Research Insti-
tute.
(unspecified)
$23,200,000
115
Arroyo Center.
(unspecified)
$21,000,000
104
Logistics Manage-
ment Institute.
(unspecified)
$25,690,000
Aerospace Corpora-
tion.
(unspecified)
$376,770,000
2,165
MIT Lincoln Lab-
oratory.
(unspecified)
$299,300,000
994
Mitre .......................
(unspecified)
$399,700,000
2,357
Software Engineer-
ing Institute.
(unspecified)
$34,590,000
190
Institute for Ad-
vanced Tech-
nology.
(unspecified)
$0
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(b) AUTHORITY TO WAIVE LIMITATIONS.—The Sec-
retary of Defense may waive a limitation regarding a max-
imum amount or a maximum number of MTS-years that
applies under subsection (a) to a federally funded research
and development center if—
(1) the Secretary has notified the congressional
defense committees of the proposed waiver and the
reasons for the waiver, and the 60-day period that be-
gins on the date of the notification has elapsed; or
(2) the Secretary determines that it is essential
to the national security that funds be obligated for
work in excess of that limitation within 60 days and
notifies the congressional defense committees of that
determination and the reasons for the determination.
(c) REPORT ON ALLOCATIONS FOR CENTERS.—Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report containing the following
information:
(1) The proposed funding level and the estimated
personnel level for fiscal year 1994 for each federally
funded research and development center.
(2) The funding source for that funding level, by
program element, and the amount transferred or to be
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transferred from that source to each federally funded
research and development center.
(d) LIMITATION PENDING SUBMISSION OF REPORT.—
Notwithstanding any other provision of this section, no
funds appropriated or otherwise made available for the De-
partment of Defense for fiscal year 1994 may be obligated
to obtain work from any federally funded research and de-
velopment center until the Secretary of Defense has submit-
ted the report required by subsection (c).
(e) LIMITATION REGARDING EMPLOYEE COMPENSA-
TION.—(1) Except as provided in paragraph (2), during
fiscal year 1994 no appropriated funds may be used to pay
an employee of a federally funded research and development
center named in the table in subsection (a)(2) at a higher
rate of compensation than the rate of compensation that
the center paid such employee during fiscal year 1993.
(2) The Secretary of Defense may waive the applicabil-
ity of the limitation in paragraph (1) to any federally fund-
ed research and development center that certifies to the Sec-
retary of Defense that the total expenditures of the center
for fiscal year 1994, including any increases and planned
increases in the rates of compensation for employees of the
center, will be less than the amount equal to 94 percent
of the maximum amount set forth for such center in the
table in subsection (a)(2).
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(f) DEFINITION.—In this section:
(1) The term ‘‘MTS-year’’ means a member of
technical staff-year, as defined by the Secretary of De-
fense.
(2) The term ‘‘technical staff’’, with respect to a
federally funded research and development center,
means the following employees of the center:
(A) Researchers.
(B) Mathematicians.
(C) Programmers.
(D) Analysts.
(E) Economists.
(F) Scientists.
(G) Engineers.
(H) Other employees of the center who per-
form professional level technical work primarily
in any of the following fields:
(i) Studies and analyses.
(ii) System engineering and integra-
tion.
(iii) Systems planning.
(iv) Program and policy planning and
analysis.
(v) Basic and applied research.
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(g) FUNDING.—(1) Of the amounts authorized to be
appropriated to the Department of Defense for research, de-
velopment, test, and evaluation for fiscal year 1994 pursu-
ant to section 201, not more than $1,352,650,000 may be
obligated for procuring services from the federally funded
research and development centers listed in the table in sub-
section (a)(2).
(2) None of the funds authorized to be obligated under
paragraph (1) may be obligated for the procurement of serv-
ices from the Institute for Advanced Technology.
(h) UNDISTRIBUTED REDUCTION.—The total amount
authorized to be appropriated for research, development,
test, and evaluation in section 201 is hereby reduced by
$200,000,000.
Subtitle C—Missile Defense
Programs
SEC. 221. REVISION OF THE MISSILE DEFENSE ACT OF 1991.
(a) TERMINOLOGY AMENDMENTS.—The Missile De-
fense Act of 1991 (10 U.S.C. 2431 note) is amended—
(1) in section 234(c)(1)—
(A) by striking out ‘‘Strategic Defense Ini-
tiative Organization (SDIO)’’ and inserting in
lieu thereof ‘‘Ballistic Missile Defense Organiza-
tion (BMDO)’’; and
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(B) by striking out ‘‘Strategic Defense Ini-
tiative Organization’s’’ and inserting in lieu
thereof ‘‘Ballistic Missile Defense Organiza-
tion’s’’;
(2) in section 235—
(A) in the section heading, by striking out
‘‘STRATEGIC DEFENSE INITIATIVE’’ and in-
serting in lieu thereof ‘‘BALLISTIC
MISSILE
DEFENSE PROGRAM’’; and
(B) in the text of such section, by striking
out ‘‘Strategic Defense Initiative’’ each place it
appears and inserting in lieu thereof ‘‘Ballistic
Missile Defense program’’;
(3) in the heading of section 236, by striking out
‘‘SDI’’ and inserting in lieu thereof ‘‘BMD’’; and
(4) in sections 234, 235, and 236, by striking out
‘‘Strategic Defense Initiative Organization’’ each
place it appears and inserting in lieu thereof ‘‘Ballis-
tic Missile Defense Organization’’.
(b) REPEAL OF FUNDING, REPORTING, AND TRANSFER
PROVISIONS.—(1) Section 237 of such Act is repealed.
(2) Such Act is amended by redesignating sections 238,
239, and 240 as sections 237, 238, and 239, respectively.
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SEC. 222. FUNDING OF CERTAIN BALLISTIC MISSILE DE-
FENSE PROGRAMS.
(a) FUNDING
FOR
CERTAIN
BALLISTIC
MISSILE
RDT&E.—If a decision is not made before February 28,
1994, to proceed into engineering and manufacturing devel-
opment under a weapon system program referred to in sub-
section (b), the funds appropriated pursuant to the author-
ization of appropriations in section 201 that are available
for engineering and manufacturing development for such a
program shall be available for research, development, test,
and evaluation of the Patriot PAC–3 Missile program.
(b) COVERED WEAPON SYSTEM PROGRAMS.—For pur-
poses of subsection (a) the weapon system programs referred
to in this subsection are as follows:
(1) The Patriot Multimode Missile Program.
(2) The Extended Range Interceptor (ERINT)
missile program.
SEC. 223. REQUIREMENT FOR REVIEW OF BALLISTIC MIS-
SILE DEFENSE SYSTEMS AND COMPONENTS
FOR COMPLIANCE WITH ABM TREATY.
(a) FINDINGS.—Congress makes the following findings:
(1) That section 232(a)(1) of the Missile Defense
Act of 1991 (10 U.S.C. 2431 note) establishes a goal
for the United States to comply with the ABM Treaty
(including any protocol or amendment thereto) and
not develop, test, or deploy any ballistic missile de-
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fense system, or component thereof, in violation of
that treaty (as modified by any protocol or amend-
ment thereto) while deploying an anti-ballistic missile
system capable of providing a highly effective defense
of the United States against limited attacks of ballis-
tic missiles.
(2) That the Department of Defense has con-
ducted no formal compliance reviews of any of the
components or systems scheduled for early deployment
as part of either the Theater Missile Defense Initiative
or the initial limited defense system to be located at
Grand Forks, North Dakota.
(3) That the Department of Defense is continu-
ing to obligate hundreds of millions of dollars during
fiscal year 1993 for the development and testing of
systems or components of ballistic missile defense sys-
tems prior to a determination that, if successfully de-
veloped, tested, or deployed, those systems and compo-
nents would be in compliance with the ABM Treaty.
(4) That the Department of Defense is requesting
the authorization and appropriation of additional
funds for continued development of such systems and
components during fiscal year 1994.
(5) That the United States and its allies face ex-
isting and expanding threats from ballistic missiles
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capable of being utilized as theater weapon systems
that are presently possessed by, being developed by, or
being acquired by a number of countries such as Iraq,
Iran, North Korea, and others.
(6) That some theater ballistic missiles presently
deployed or being developed (such as the Chinese-
made CSS–2) have capabilities equal to or greater
than missiles which had been determined to be strate-
gic missiles 20 years earlier under the U.S.–USSR
SALT I Interim Agreement of 1972.
(7) That the ABM Treaty was not intended to,
and does not, apply to or limit research, development,
testing, or deployment of missile defense systems, sys-
tem upgrades, or system components that are designed
to counter modern theater ballistic missiles regardless
of their capabilities, unless such systems, system up-
grades, or system components are tested against or
have demonstrated capabilities to counter modern
strategic ballistic missiles.
(8) That it is a national security priority of the
United States to develop and deploy highly effective
theater missile defense systems capable of countering
the existing and expanding threats posed by modern
theater ballistic missiles, as soon as is technically pos-
sible.
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(9) That it is essential that the Secretary of De-
fense immediately undertake and complete compliance
reviews of proposed theater missile defense systems,
system upgrades, and system components so as to not
delay the development and deployment of such highly
effective theater missile defense systems.
(10) That the Secretary of Defense should imme-
diately report to the Congress on any issue which
arises during the course of such compliance reviews
which appears to indicate that any provision of the
ABM Treaty may limit research, development, test-
ing, or deployment by the United States of highly ef-
fective theater missile defense systems capable of coun-
tering modern theater ballistic missiles.
(b) REQUIRED COMPLIANCE REVIEW.—(1) The Sec-
retary of Defense shall review the program for each system
and system upgrade specified in paragraph (2), and the
system components, to determine whether the development,
testing, and deployment of that system or system upgrade
complies with the ABM Treaty.
(2) The systems and system upgrades to be reviewed
pursuant to paragraph (1) are as follows:
(A) The Patriot Multimode Missile.
(B) The Extended Range Interceptor (ERINT).
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(C) The Ground-Based Radar for theater missile
defenses (GBR–T).
(D) The Theater High Altitude Area Defense in-
terceptor missile (THAAD).
(E) The Brilliant Eyes space-based sensor sys-
tem.
(F) Upgrades to the AEGIS/SPY radar system of
the Navy.
(G) Upgrades to the Standard Missile–2 (SM–2)
interceptor of the Navy.
(c) REPORT REQUIRED.—(1) For each system and sys-
tem upgrade specified in paragraph (2) of subsection (b),
the Secretary shall submit to the congressional defense com-
mittees a report on the results of the review required by
that subsection. A report may include the results of the re-
views of more than one system and system upgrade.
(2) With regard to the Brilliant Eyes space-based sen-
sor, the Secretary shall include in the report findings on
each of the following issues:
(A) Would the current baseline configuration of
the Brilliant Eyes space-based sensor comply with the
ABM Treaty if the system were used in conjunction
with the planned ground-based radar system and its
ground-based interceptors at Grand Forks, North Da-
kota?
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(B) If not, can design changes or operational
changes be made to the Brilliant Eyes space-based
sensor that—
(i) will result in the usability of the sensor
in conjunction with the planned ground-based
radar system and its ground-based interceptors
being in compliance with the ABM Treaty; and
(ii) will not prevent the system from per-
forming its strategic defense missions with a
high degree of effectiveness?
(C) If not, can the Brilliant Eyes space-based
sensor be made, through design changes or operational
changes, for use only with theater missile defense sys-
tems and be in compliance with the ABM Treaty?
(D) If so, to what extent would the Brilliant
Eyes space-based sensor enhance the capability of
upper-tier theater defense systems and lower-tier thea-
ter defense systems, respectively?
(d) LIMITATIONS ON FUNDING.—(1) Not more than
one-half of the funds reported pursuant to section 227(c)
to be allocated for fiscal year 1994 for a system or system
upgrade specified in subsection (b)(2) of this section may
be obligated for that system or system upgrade, or any of
its components, until the Secretary has completed the com-
pliance review of such system or system upgrade required
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by subsection (b) and has submitted to the congressional
defense committees the report on the results of the compli-
ance review of that system or system upgrade as required
by subsection (c). The preceding sentence does not apply
with respect to the Brilliant Eyes space-based sensor sys-
tem.
(2) Not more than $50,000,000 may be obligated for
the Brilliant Eyes space-based sensor until the Secretary
has completed the compliance review of such system re-
quired by subsection (b) and has submitted to the congres-
sional defense committees the report required under sub-
section (c) for that system.
(e) ABM TREATY COMPLIANCE OF THEATER MISSILE
DEFENSE SYSTEMS.—The Secretary of Defense has assured
the Congress in the January 1993 Report to Congress on
the Strategic Defense Initiative and in the June 1993 Re-
port to Congress on the Theater Missile Defense Initiative
that all programs, projects, and activities under both initia-
tives that are planned for execution in fiscal year 1994 fully
comply with the ABM Treaty.
(f) DEFINITION.—In this section, the term ‘‘ABM
Treaty’’ has the meaning given such term in section 239
of the Missile Defense Act of 1991 (10 U.S.C. 2431 note).
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SEC. 224. THEATER MISSILE DEFENSE MASTER PLAN.
(a) MASTER PLAN REQUIRED.—(1) Not later than
March 1, 1994, the Secretary of Defense shall submit to
Congress a report containing an updated master plan for
theater missile defenses.
(2) The plan shall include the following matters:
(A) A description of the mission and scope of
theater missile defense.
(B) A description of the role of each of the
Armed Forces in theater missile defense and an expla-
nation of how those roles interact and complement
each other.
(C) An evaluation of the cost and relative effec-
tiveness of each interceptor and sensor under develop-
ment as part of a theater missile defense system by
the Ballistic Missile Defense Organization.
(D) A detailed acquisition strategy for theater
missile defenses, including an analysis and compari-
son of the projected life-cycle costs of each theater mis-
sile defense system intended for production, showing
the component costs for—
(i) research, development, test, and evalua-
tion;
(ii) procurement;
(iii) operation and maintenance; and
(iv) personnel for each system.
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(E) The baseline production rate for each system
for each year of the program through completion of
procurement.
(F) An estimate of the unit cost and capabilities
of each element.
(G) A description of the current and planned
testing program for theater missile defenses, including
a description of demonstration targets to be tracked
and engaged by multiple interceptors, target discrimi-
nation from decoys, and a shoot-look-shoot capability.
(H) A description of how any projected theater
missile defense program will conform to existing Anti-
Ballistic Missile Treaty and Intermediate Nuclear
Forces Treaty regimes, indicating clearly any poten-
tial noncompliance with either treaty regime, when
such noncompliance would occur, and the position of
the Secretary of Defense as to whether provisions of
either treaty regime would have to be renegotiated
within that regime in order to address future contin-
gencies.
(I) A description of planned theater missile de-
fense doctrine, training, tactics, and force structure.
(b) OBJECTIVES OF PLAN.—In preparing the master
plan the Secretary shall—
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(1) seek to maximize the use of existing tech-
nologies (such as AEGIS, Patriot, and THAAD) rath-
er than develop new systems;
(2) seek to maximize integration and compatibil-
ity among the systems, roles, and missions of the
military departments; and
(3) seek to promote cross-service use of existing
equipment (such as development of Army equipment
for the Marine Corps or ground utilization of an air
or sea system).
SEC. 225. EXTENSION OF AUTHORITY FOR TRANSFER OF
RESPONSIBILITY FOR FAR-TERM FOLLOW-ON
TECHNOLOGIES.
Section 234(d)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102–484; 106
Stat. 2357; 10 U.S.C. 2431 note) is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘1993’’ and inserting in
lieu thereof ‘‘1994’’;
(B) by striking out ‘‘(A)’’; and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(2) by striking out ‘‘(B) For purposes of sub-
paragraph (A),’’ and all that follows.
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SEC. 226. REPORT ON ACQUISITION STREAMLINING TO AC-
CELERATE DEPLOYMENT OF INITIAL ABM
SYSTEM.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The Missile Defense Act of 1991 (10 U.S.C.
2431 note) calls for the deployment of an ABM Trea-
ty-compliant anti-ballistic missile system capable of
providing a highly effective defense of the United
States against limited attacks by ballistic missiles.
(2) That Act directed the Secretary of Defense to
structure a development program with the objective of
deploying such systems by the earliest date allowed by
the availability of appropriate technology and the
completion of adequate integrated testing of all sys-
tems components.
(3) Since 1983, in excess of $30,000,000,000 has
been provided for research and development of ballis-
tic missile defense capabilities.
(4) Notwithstanding this huge expenditure of
funds on missile defense technologies, the Secretary of
Defense has proposed deployment of such a system no
sooner than 2004.
(5) It is incredible that the initial deployment of
a limited defense capability requires another 11 years
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to accomplish within the congressionally mandated
guidance.
(b) REVIEW REQUIRED.—The Secretary of Defense
shall conduct an intensive and extensive review of opportu-
nities to streamline the weapon systems acquisition process
applicable to the development, deployment, and testing of
ballistic missile defenses with the objective of reducing the
cost of deployment and accelerating the schedule for deploy-
ment without significantly increasing programmatic risk
or concurrency. In conducting the review, the Secretary
shall obtain recommendations and advice from the Defense
Science Board, the faculty of the Industrial College of the
Armed Forces, and federally funded research and develop-
ment centers supporting the Office of the Secretary of De-
fense.
(c) REPORT REQUIRED.—Not later than May 1, 1994,
the Secretary shall submit to the congressional defense com-
mittees a report on his findings resulting from the review
together with his recommendations for legislation, if any.
The Secretary shall submit the report in unclassified form,
but may also submit a classified version of the report if
he considers it necessary to classify any of the information
in his findings or recommendations or any related informa-
tion.
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SEC. 227. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO-
GRAMS.
(a) TOTAL AMOUNT.—Of the amounts appropriated
pursuant to section 201 for fiscal year 1994, or otherwise
made available to the Department of Defense for research,
development, test and evaluation for fiscal year 1994, not
more than $2,684,535,000 may be obligated for programs
managed by the Ballistic Missile Defense Organization, of
which—
(1) not more than 48 percent of the total amount
may be obligated for Theater Missile Defense;
(2) not more than 32 percent of the total amount
may be obligated for the Limited Defense System;
(3) not more than 9 percent of the total amount
may be obligated for Other Follow-On Systems;
(4) not more than 10 percent of the total amount
may be obligated for Research and Other Support Ac-
tivities; and
(5) not more than 1 percent of the total amount
may be obligated for Small Business Innovation Re-
search program and the Small Business Technology
Transfer program.
Notwithstanding paragraphs (1), (2), (3), and (4), the Sec-
retary of Defense may obligate for a ballistic missile defense
initiative or program element referred to in any such para-
graph a total amount that exceeds by not more than 10
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percent the maximum amount determined under that para-
graph, except that the total amount obligated for all pro-
grams managed by the Ballistic Missile Defense Organiza-
tion may not exceed the total amount authorized in the
matter above paragraph (1).
(b) LIMITATION ON NUMBER OF TMD PROGRAMS.—
(1) Subject to paragraph (2), the amount authorized to be
obligated for Theater Missile Defense may be obligated only
for—
(A) the Patriot PAC–3 Missile program;
(B) not more than 2 other lower-tier theater mis-
sile defense programs;
(C) not more than 2 upper-tier theater missile
defense programs; and
(D) not more than 2 boost-phase intercept thea-
ter missile defense programs.
(2) The President may waive the limitation in para-
graph (1) to the extent that the President determines appro-
priate in the national security interest of the United States.
(c) FUNDS NOT TO BE MADE AVAILABLE FOR BRIL-
LIANT EYES.—None of the funds authorized to be obligated
under subsection (a) may be obligated for the Brilliant Eyes
space-based sensor program.
(d) REPORTING REQUIREMENT.—Not later than 60
days after the date of the enactment of this Act, the Sec-
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retary of Defense shall submit to the congressional defense
committees a report on the allocation of funds appropriated
for the ballistic missile defense program for fiscal year 1994.
The report shall specify the amount of such funds allocated
for each program, project, and activity managed by the Bal-
listic Missile Defense Organization and shall list each bal-
listic missile defense program, project, and activity under
the appropriate program element.
SEC. 228. TESTING OF NATIONAL MISSILE DEFENSE PRO-
GRAM PROJECTS.
(a) ADVANCE REVIEW AND APPROVAL OF PROPOSED
DEVELOPMENTAL TESTS.—No developmental test may be
conducted under the limited missile defense program ele-
ment of the Ballistic Missile Defense Program until the Di-
rector of the Ballistic Missile Defense Organization has no-
tified the Secretary of Defense of the test and the Secretary
has reviewed and approved (or approved with changes) the
test plan.
(b) INDEPENDENT MONITORING OF TESTS.—(1) The
Secretary shall provide for monitoring of the implementa-
tion of each test plan referred to in subsection (a) by a
group composed of independent persons who—
(A) by reason of education, training, or experi-
ence, are qualified to monitor the testing covered by
the plan; and
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(B) are not assigned or detailed to, or otherwise
performing duties of, the Ballistic Missile Defense Or-
ganization and are otherwise independent of such or-
ganization.
(2) The monitoring group shall submit to the Secretary
its analysis of, and conclusions regarding, the conduct and
results of each test monitored by the group.
Subtitle D—Other Matters
SEC. 231. NUCLEAR TESTING.
(a) LIMITATIONS.—(1) None of the funds appropriated
pursuant to an authorization in this or any other Act may
be obligated to support underground explosions of nuclear
weapons, or devices, for testing of the effects of nuclear
weapon explosions, including the so-called ‘‘Mighty Uncle’’
test.
(2) Funds available for the so-called ‘‘Mighty Uncle’’
test may not be obligated until the Secretary of Defense sub-
mits to the congressional defense committees a detailed
spending plan for underground nuclear weapon testing that
is consistent with the provisions of section 507 of Public
Law 102–377 (106 Stat. 1343).
(b) CERTAIN ACTIONS AUTHORIZED.—The Secretary
of Defense may proceed with underground nuclear test tun-
nel deactivation and environmental cleanup and may ex-
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pend funds for infrastructure activities not prohibited by
subsection (a).
(c) FUNDING.—Of the funds authorized to be appro-
priated pursuant to section 201, not more than $38,000,000
may be used for activities described in subsection (b).
(d) TERMINATION OF SAFEGUARD C PROGRAM.—The
atmospheric test readiness program known as ‘‘Safeguard
C’’ is hereby terminated.
SEC. 232. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT
RESPONSIBILITY FOR NAVAL MINE COUNTER-
MEASURES PROGRAM TO THE DIRECTOR, DE-
FENSE RESEARCH AND ENGINEERING.
Section 216(a) of the National Defense Authorization
for Fiscal Years 1992 and 1993 (Public Law 102–190; 105
Stat. 1317) as amended by section 215(l) of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 106 Stat. 2352) is amended by striking out
‘‘fiscal years 1994 through 1997’’ and inserting in lieu
thereof ‘‘fiscal years 1995 through 1999’’.
SEC. 233. TERMINATION, REESTABLISHMENT, AND RECON-
STITUTION OF AN ADVISORY COUNCIL ON
SEMICONDUCTOR TECHNOLOGY.
(a) TERMINATION OF ADVISORY COUNCIL ON FEDERAL
PARTICIPATION IN SEMATECH.—The Advisory Council on
Federal Participation in Sematech established by section
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273 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (15 U.S.C. 4603) is hereby termi-
nated.
(b) SEMICONDUCTOR TECHNOLOGY COUNCIL.—Section
273 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (15 U.S.C. 4603) is amended by strik-
ing out the heading and subsections (a) through (c) and
inserting in lieu thereof the following:
‘‘SEC. 273. SEMICONDUCTOR TECHNOLOGY COUNCIL.
‘‘(a) ESTABLISHMENT.—There is established the Semi-
conductor Technology Council.
‘‘(b) PURPOSES AND FUNCTIONS.—(1) The purposes of
the Council are—
‘‘(A) to seek ways to respond to the technology
challenges for semiconductors by increasing efficiency,
promoting creativity and entrepreneurship, and fos-
tering precompetitive cooperation among industry,
government, and academia; and
‘‘(B) to make available judgments, assessments,
insights, and recommendations that relate to the op-
portunities for new research and development efforts
and the potential to better rationalize and align on
a national basis semiconductor research and develop-
ment.
‘‘(2) The Council shall—
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‘‘(A) advise Sematech and the Secretary of De-
fense on appropriate technology goals for the research
and development activities of Sematech;
‘‘(B) review the technology developments and
core technology challenges for semiconductors and ex-
plore opportunities for improved coordination among
industry, government, and academia;
‘‘(C) exchange views regarding the competitive-
ness of the semiconductor technology base and new or
emerging semiconductor technologies that could affect
national economic and security interests;
‘‘(D) exchange and update information and
identify overlaps and gaps regarding the efforts of in-
dustry, government, and academia in semiconductor
research and development;
‘‘(E) assess technology progress relative to the
semiconductor technology roadmap;
‘‘(F) make recommendations regarding the scope
and content of semiconductor technology development
supported by Federal departments and agencies;
‘‘(G) appoint subgroups as necessary in connec-
tion with updating and implementing the semi-
conductor technology roadmap; and
‘‘(H) publish an annual report addressing the
semiconductor technology challenges and developments
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for industry, government, and academia and the rela-
tionship among the challenges and developments for
each, with particular emphasis on the role of
Sematech.
‘‘(c) MEMBERSHIP.—The Council shall be composed of
14 members as follows:
‘‘(1) The Under Secretary of Defense for Acquisi-
tion, who shall be Cochairman of the Council.
‘‘(2) The Under Secretary of Energy responsible
for science and technology matters.
‘‘(3) The Under Secretary of Commerce for Tech-
nology.
‘‘(4) The Director of the Office of Science and
Technology Policy.
‘‘(5) The Assistant to the President for Economic
Policy.
‘‘(6) The Director of the National Science Foun-
dation.
‘‘(7) Eight members appointed by the President
as follows:
‘‘(A) Four individuals who are eminent in
the semiconductor device industry, one of whom
shall be Cochairman of the Council.
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‘‘(B) Two individuals who are eminent in
the semiconductor equipment and materials in-
dustry.
‘‘(C) One individual who is eminent in the
semiconductor user industry.
‘‘(D) One individual who is eminent in an
academic institution.’’.
(c) CONFORMING AMENDMENTS.—Part F of title II of
such Act is amended—
(1) in section 271(c) (15 U.S.C. 4601(c)), by
striking out paragraph (1) and inserting in lieu
thereof the following:
‘‘(1) The terms ‘Semiconductor Technology
Council’ and ‘Council’ mean the advisory council es-
tablished by section 273.’’;
(2) 
in 
section 
272(b)(1)(B) 
(15 
U.S.C.
4602(b)(1)(B)), by striking out ‘‘Advisory Council on
Federal Participation in Sematech’’ and inserting in
lieu thereof ‘‘Semiconductor Technology Council’’; and
(3) in section 273 (15 U.S.C. 4603)—
(A) in the first sentence of subsection (d)—
(i) by striking out ‘‘(c)(6)’’ and insert-
ing in lieu thereof ‘‘(c)(7)’’; and
(ii) by striking out ‘‘two shall be ap-
pointed for a term of two years’’ and insert-
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ing in lieu thereof ‘‘three shall be appointed
for a term of two years’’;
(B) in the first sentence of subsection (e), by
striking out ‘‘(c)(6)’’ and inserting in lieu there-
of ‘‘(c)(7)’’; and
(C) in subsection (f), by striking out ‘‘Seven
members’’ and inserting in lieu thereof ‘‘Nine
members’’.
(d) AUTHORITY TO CALL MEETING.—Section 273(g)
of such Act (15 U.S.C. 4603(g)) is amended by striking out
‘‘the Chairman or a majority of its members’’ and inserting
in lieu thereof ‘‘a Cochairman’’.
(e) SOURCE OF SUPPORT FOR SEMATECH.—Section
273 of such Act (22 U.S.C. 4603) is amended by adding
at the end the following new subsection:
‘‘(j) SUPPORT FOR COUNCIL.—The Council shall uti-
lize Sematech as needed for general and administrative sup-
port in accomplishing the Council’s purposes.’’.
(f) FIRST MEETING
OF NEW COUNCIL.—The first
meeting of the Semiconductor Technology Council shall be
held not later than 45 days after the date of the enactment
of this Act.
(g) REFERENCE TO COUNCIL.—A reference in any pro-
vision of law to the Advisory Council on Federal Participa-
tion in Sematech shall be deemed to refer to the Semi-
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conductor Technology Council established by section 273 of
the National Defense Authorization Act for Fiscal Years
1988 and 1989, as amended by subsection (b).
SEC. 234. AUTHORITY TO ACQUIRE NAVY LARGE CAVITA-
TION CHANNEL, MEMPHIS, TENNESSEE.
(a) AUTHORITY TO ACQUIRE.—The Secretary of the
Navy may acquire all right, title, and interest of any party
in and to a parcel of real property, including improvements
thereon, consisting of approximately 88 acres and located
on President’s Island, Memphis, Tennessee, the site of the
Navy Large Cavitation Channel.
(b) FUNDING.—To the extent provided in appropria-
tions Acts, amounts appropriated pursuant to section
201(2) for the Navy shall be available for the acquisition
of real property authorized under subsection (a).
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be acquired
under subsection (a) shall be determined by a survey that
is satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require any additional terms and conditions
in connection with the acquisition under subsection (a) that
the Secretary considers appropriate to protect the interests
of the United States.
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SEC. 235. STRATEGIC ENVIRONMENTAL RESEARCH COUN-
CIL.
(a) MEMBERSHIP.—Section 2902(b) of title 10, United
States Code, is amended—
(1) by striking out paragraph (1);
(2) by redesignating paragraphs (2), (3), and
(4), as paragraphs (1), (2), and (3), respectively;
(3) by inserting after paragraph (3), as so redes-
ignated, the following new paragraph (4):
‘‘(4) The Deputy Under Secretary of Defense re-
sponsible for environmental security.’’; and
(4) by striking out paragraph (6) and inserting
in lieu thereof the following new paragraph (6):
‘‘(6) The Assistant Secretary of Energy respon-
sible for environmental restoration and waste man-
agement.’’.
(b) EXTENSION OF AUTHORITY TO ESTABLISH EM-
PLOYEE PAY RATES.—Section 2903(d)(2) of title 10, Unit-
ed States Code, is amended by striking out ‘‘November 5,
1992’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
SEC. 236. SENSE OF THE SENATE ON METALCASTING IN-
DUSTRY.
It is the Sense of the Senate that—
(1) The health and viability of the metalcasting
industry of the United States are a serious risk, and
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(2) The Secretary of Defense should seriously
consider providing funds, from within the funds made
available pursuant to section 204, for metalcasting
industry research and development activities, includ-
ing the following activities:
(A) Development of casting technologies and
techniques.
(B) Improvement of technology transfer
within the metalcasting industry in the United
States.
(C) Improvement of training for the
metalcasting industry workforce.
SEC. 237. INTERIM RECONNAISSANCE PROGRAM.
(a) Of the funds authorized to be appropriated in sec-
tion 201 for the Joint Program Office for Unmanned Aerial
Vehicles, up to $40,000,000 may be obligated and expended
for the purposes of initiating a long-endurance, unmanned
reconnaissance aerial vehicle program, subject to the condi-
tions outlined in subsection (b) and subsection (c).
(b) The funds may be obligated only to procure, inte-
grate, test and evaluate non-development airframes, sensors,
communication equipment, mission planning equipment
and ground stations.
(c) None of the funds may be obligated until the De-
partment identifies the programs within the jurisdiction of
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the Joint Program Office that will be terminated or de-
ferred, consistent with normal reprogramming procedures.
Subtitle E—Programs in Support of
the Prevention and Control of
Proliferation of Weapons of Mass
Destruction
SEC. 241. SHORT TITLE.
This subtitle may be cited as the ‘‘Prevention and Con-
trol of the Proliferation of Weapons of Mass Destruction Act
of 1993’’.
SEC. 242. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the United States should have the ability to
counter effectively potential threats to United States
interests that arise from the proliferation of such
weapons;
(2) the Department of Defense, the Department
of Energy, and the Intelligence Community have an
important role in preventing the proliferation of
weapons of mass destruction and dealing with the
consequences of any proliferation of such weapons;
(3) the Department of Defense, the Department
of Energy, and the Intelligence Community have
unique capabilities and expertise that can enhance
the effectiveness of United States and international
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nonproliferation efforts, including capabilities and ex-
pertise regarding—
(A) detection and monitoring of prolifera-
tion of weapons of mass destruction;
(B) development of effective export control
regimes;
(C) interdiction and destruction of weapons
of mass destruction and related weapons mate-
rial; and
(D) carrying out international monitoring
and inspection regimes that relate to prolifera-
tion of such weapons and material;
(4) the Department of Defense, the Department
of Energy, and the Intelligence Community have
unique capabilities and expertise that directly con-
tribute to the ability of the United States to imple-
ment United States policy to counter effectively the
threats that arise from the proliferation of weapons of
mass destruction, including capabilities and expertise
regarding—
(A) responses to terrorism, theft, or acci-
dents involving weapons of mass destruction;
(B) conduct of intrusive international in-
spections for verification of arms control treaties;
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(C) direct and discrete counterproliferation
actions that require use of force; and
(D) development and deployment of active
military countermeasures and protective meas-
ures against threats resulting from arms pro-
liferation, including defenses against ballistic
missile attacks; and
(5) in a manner consistent with the non-
proliferation policy of the United States, the Depart-
ment of Defense, the Department of Energy, and the
Intelligence Community should continue to maintain
and improve their capabilities to identify, monitor,
and respond to the proliferation of weapons of mass
destruction and delivery systems for such weapons.
SEC. 
243. 
JOINT 
COMMITTEE 
FOR 
REVIEW 
OF 
NON-
PROLIFERATION PROGRAMS OF THE UNITED
STATES.
(a) ESTABLISHMENT.—(1) In support of the non-
proliferation policy of the United States, there is hereby es-
tablished a Non-Proliferation Program Review Committee
composed of the following members:
(A) The Secretary of Defense.
(B) The Secretary of Energy.
(C) The Director of Central Intelligence.
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(D) The Director of the United States Arms Con-
trol Disarmament Agency.
(E) The Chairman of the Joint Chiefs of Staff.
(2) The Secretary of Defense shall chair the committee.
(3) A member of the committee may designate a rep-
resentative to perform routinely the duties of the member.
A representative shall be in a position of Deputy Assistant
Secretary or a position equivalent to or above the level of
Deputy Assistant Secretary. A representative of the Chair-
man of the Joint Chiefs of Staff shall be a person in a grade
equivalent to that of Deputy Assistant Secretary of Defense.
(4) The Secretary of Defense may delegate to the Under
Secretary of Defense for Acquisition the performance of the
duties of the Chairman of the committee.
(5) The members of the committee shall first meet not
later than 30 days after the date of the enactment of this
Act. Upon designation of working level officials and rep-
resentatives, the members of the committee shall jointly no-
tify the appropriate committees of Congress that the com-
mittee has been constituted. The notification shall identify
the representatives designated pursuant to paragraph (3)
and the working level officials of the committee.
(b) PURPOSES OF THE COMMITTEE.—The purposes of
the committee are as follows:
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(2) as part of the review pursuant to paragraph
(1), review all directed energy and laser programs for
detecting, characterizing, or interdicting weapons of
mass destruction, their delivery platforms, or other
orbiting platforms with a view to the elimination of
redundancy and the optimization of funding for the
systems not eliminated;
(3) prescribe requirements and priorities for the
development and deployment of highly effective capa-
bilities and technologies to support fully the non-
proliferation policy of the United States;
(4) identify deficiencies in existing capabilities
and technologies;
(5) formulate near-term, mid-term, and long-
term programmatic options for meeting requirements
established by the committee and eliminating defi-
ciencies identified by the committee; and
(6) in carrying out the other duties of the com-
mittee, ensure that all types of counterproliferation
actions are considered.
(d) ACCESS TO INFORMATION.—The committee shall
have access to information on all programs, projects, and
activities of the Department of Defense, Department of En-
ergy, and the intelligence community that are pertinent to
the purposes and duties of the committee.
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(e) BUDGET
RECOMMENDATIONS.—The committee
may submit to the officials referred to in subsection (a) any
recommendations regarding existing or planned budgets as
the committee considers appropriate to encourage funding
for capabilities and technologies at the level necessary to
support United States nonproliferation policy.
SEC. 
244. 
REPORT 
ON 
NONPROLIFERATION 
AND
COUNTERPROLIFERATION 
ACTIVITIES 
AND
PROGRAMS.
(a) REPORT REQUIRED.—Not later than May 1, 1994,
the Secretary of Defense shall submit to Congress a report
on the findings of the committee on nonproliferation activi-
ties established pursuant to section 243.
(b) CONTENT OF REPORT.—The report shall include
the following matters:
(1) A complete list, by program, of the existing,
planned, and proposed capabilities and technologies
reviewed by the committee, including all directed en-
ergy and laser programs reviewed pursuant to section
243(c)(2).
(2) A complete description of the requirements
and priorities established by the committee.
(3) A comprehensive discussion of the near-term,
mid-term, and long-term programmatic options for-
mulated by the committee for meeting requirements
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prescribed by the committee and eliminating defi-
ciencies identified by the committee, including the an-
nual funding requirements and completion dates es-
tablished for each such option.
(4) An explanation of the recommendations
made pursuant section 243(e) and a full discussion of
the actions taken on such recommendations, including
the actions taken to implement the recommendations.
(5) A discussion of the existing and planned ca-
pabilities of the Armed Forces of the United States—
(A) to detect and monitor clandestine pro-
grams for the acquisition or production of weap-
ons of mass destruction;
(B) to respond to terrorism or accidents in-
volving such weapons and thefts of materials re-
lated to any weapon of mass destruction; and
(C) to assist in the interdiction and destruc-
tion of weapons of mass destruction, related
weapons materials, and advanced conventional
weapons.
(6) A description of—
(A) the extent to which the Secretary of De-
fense has incorporated nonproliferation and
counterproliferation missions into the overall
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missions of the unified combatant commands;
and
(B) how the special operations command es-
tablished pursuant to section 167(a) of title 10,
United States Code, might support the com-
manders of the other unified combatant com-
mands and the commanders of the specified com-
batant commands in the performance of such
overall missions.
(c) FORMS OF REPORT.—The report shall be submitted
in both unclassified and classified forms, as appropriate.
SEC. 245. DEFINITIONS.
In this subtitle:
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following:
(A) The Committee on Armed Services, the
Committee on Appropriations, and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services, the
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the
House of Representatives.
(2) The term ‘‘intelligence community’’ has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
HR 2401 EAS
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 1994 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance in amounts as follows:
(1) For the Army, $15,194,036,000.
(2) For the Navy, $19,081,792,000.
(3) For the Marine Corps, $1,790,489,000.
(4) For the Air Force, $18,932,246,000.
(5) For Defense Agencies $9,523,283,000.
(6) 
For 
the 
Defense 
Health 
Program,
$9,303,447,000.
(7) For the Army Reserve, $1,096,190,000.
(8) For the Naval Reserve, $782,800,000.
(9) For the Marine Corps Reserve, $83,100,000.
(10) For the Air Force Reserve, $1,356,078,000.
(11) 
For 
the 
Army 
National 
Guard,
$2,216,944,000.
(12) 
For 
the 
Air 
National 
Guard,
$2,717,733,000.
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(13) For the National Board for the Promotion
of Rifle Practice, $2,483,000.
(14) 
For 
the 
Defense 
Inspector 
General,
$127,001,000.
(15) For Drug Interdiction and Counter-Drug
Activities, Defense-wide, $1,168,200,000.
(16) For the Court of Military Appeals,
$6,055,000.
(17) For Environmental Restoration, Defense,
$2,369,400,000.
(18) For Humanitarian Assistance, $48,000,000.
(19) For support for the 1996 Summer Olym-
pics, $2,000,000.
(20) For support for the 1994 World Cup Games,
$12,000,000.
(21) For Former Soviet Union Threat Reduc-
tion, $400,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
There is hereby authorized to be appropriated for fiscal
year 1994 for the use of the Armed Forces and other activi-
ties and agencies of the Department of Defense for providing
capital for the Defense Business Operations Fund,
$1,161,095,000.
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SEC. 303. FUNDING NATIONAL DEFENSE STRATEGIC LIFT
REQUIREMENTS.
(a) RENAMING FUND.—Section 2218 of title 10, Unit-
ed States Code, is amended—
(1) by striking out the section heading and in-
serting in lieu thereof the following:
‘‘§ 2218. National Defense Strategic Lift Fund’’;
and
(2) by striking out ‘‘National Defense Strategic
Sealift Fund’’ each time it appears and inserting in
lieu thereof ‘‘National Defense Strategic Lift Fund’’.
(b) FUND PURPOSES.—Subsection (c)(1) of such sec-
tion is amended—
(1) by striking out ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking out the period at the end of sub-
paragraph (D) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) construction, purchase, alteration, and con-
version of Department of Defense strategic airlift air-
craft.’’.
(c) DEPOSITS IN THE FUND.—Subsection (d)(1) of
such section is amended—
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(1) by striking out ‘‘and’’ at the end of subpara-
graph (C);‘‘
(2) by striking out the period at the end of sub-
paragraph (D) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) construction, purchase, alteration, and
conversion of Department of Defense strategic
airlift aircraft.’’.
(d) CONTENT OF BUDGET REQUESTS.—Subsection (h)
of such section is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (3);
(2) by striking out the period at the end of para-
graph (4) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(5) the amount requested for programs, projects,
and activities for construction, purchase, alteration,
and conversion of Department of Defense strategic
airlift aircraft.’’.
(e) STRATEGIC AIRLIFT AIRCRAFT DEFINED.—Sub-
section (k) of such section is amended by adding at the end
the following new paragraph:
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‘‘(4) The term ‘strategic airlift aircraft’ means
any cargo aircraft owned, operated, controlled, or
chartered by the Department of Defense that has
intercontinental range.’’.
(f) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated for fiscal year 1994
for the use of the Department of Defense for the National
Defense 
Strategic 
Lift 
Fund 
in 
the 
amount 
of
$2,669,100,000.
SEC. 304. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1994 from the Armed Forces Retirement Home Trust
Fund the sum of $61,918,000 for the operation of the Armed
Forces Retirement Home, including the United States Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 305. NATIONAL SECURITY EDUCATION TRUST FUND
OBLIGATIONS.
During fiscal year 1994, $24,000,000 is authorized to
be obligated from the National Security Education Trust
Fund established by section 804(a) of the David L. Boren
National Security Education Act of 1991 (Public Law 102–
183; 50 U.S.C. 1904(a)).
SEC. 306. TRANSFER AUTHORITY.
(a) AUTHORITY.—The Secretary of Defense, to the ex-
tent provided in appropriations Acts, may transfer funds
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as provided in this section during fiscal year 1994. Funds
so transferred are in addition to the funds authorized to
be appropriated in section 301.
(b) FROM
THE DEFENSE BUSINESS OPERATIONS
FUND.—(1) Subject to paragraph (2), not more than
$3,035,300,000 may be transferred from the Defense Busi-
ness Operations Fund to appropriations for operations and
maintenance for fiscal year 1994 in amounts as follows:
(A) For the Army, $880,200,000.
(B) For the Navy, $1,092,700,000.
(C) For the Marine Corps, $121,000,000.
(D) For the Air Force, $941,400,000.
(2) Amounts may be transferred under this subsection
only to the extent that the Fund contains cash balances suf-
ficient for such transfers.
(c) FROM
THE
NATIONAL
DEFENSE
STOCKPILE
TRANSACTION FUND.—Not more than $500,000,000 may be
transferred from the National Defense Stockpile Trans-
action Fund to appropriations for operation and mainte-
nance for fiscal year 1994 in amounts as follows:
(1) For the Army, $150,000,000.
(2) For the Navy, $150,000,000.
(3) For the Air Force, $200,000,000.
(d) TREATMENT
OF TRANSFERS.—Amounts trans-
ferred under this section—
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(1) shall be merged with and be available for the
same purposes and the same period as the amounts
in the accounts to which transferred;
(2) shall be deemed to increase the amount au-
thorized to be appropriated for the account to which
the amount is transferred by an amount equal to the
amount transferred; and
(3) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(e) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—An increase under subsection (d)(2) in an amount
authorized to be appropriated is in addition to an increase
in that amount that results from a transfer of an authoriza-
tion of appropriations pursuant to section 1001.
(f) RELATIONSHIP TO APPROPRIATED FUNDS.—Funds
made available by transfer under this section shall be in
addition to funds made available pursuant to an authoriza-
tion of appropriations in section 301.
SEC. 307. FUNDS FOR CLEARING LANDMINES.
Of the funds authorized to be appropriated in section
301, not more than $10,000,000 is authorized for activities
to support the clearing of landmines for humanitarian pur-
poses (as determined by the Secretary of Defense), including
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the clearing of landmines in areas in which refugee repatri-
ation programs are on-going.
Subtitle B—Defense Business Operations
Fund
SEC. 311. EXTENSION OF AUTHORITY FOR USE OF THE DE-
FENSE BUSINESS OPERATIONS FUND.
Section 316(a) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–190;
10 U.S.C. 2208 note) is amended by striking out ‘‘April
15, 1994’’ and inserting in lieu thereof ‘‘December 31,
1994’’.
SEC. 312. IMPLEMENTATION OF THE DEFENSE BUSINESS
OPERATIONS FUND.
Section 316 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102–190; 10
U.S.C. 2208 note) is amended by striking out subsections
(d), (e), and (f) and inserting in lieu thereof the following
new subsections:
‘‘(d) COMPREHENSIVE MANAGEMENT PLAN.—(1) Not
later than 30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1994,
the Secretary of Defense shall submit to the congressional
defense committees a comprehensive management plan for
the Defense Business Operations Fund. The Secretary shall
identify in the plan the actions the Department of Defense
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will take to improve the implementation and operation of
the Defense Business Operations Fund.
‘‘(2)(A) The plan should also include the following
matters:
‘‘(i) The specific tasks to be performed to address
the serious shortcomings that exist in the Fund’s im-
plementation and operation.
‘‘(ii) Milestones for starting and completing each
task.
‘‘(iii) A statement of the resources needed to com-
plete each task.
‘‘(iv) The specific organizations within the De-
partment of Defense that are responsible for accom-
plishing each task.
‘‘(v) Department of Defense plans to monitor the
implementation of all corrective actions.
‘‘(B) The plan should also address the following spe-
cific areas:
‘‘(i) The management and organizational struc-
ture of the Fund.
‘‘(ii) The development and implementation of the
policies and procedures, including internal controls,
applicable to the Fund.
‘‘(iii) Management reporting, including finan-
cial and operational reporting.
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‘‘(iv) Accuracy and reliability of cost accounting
data.
‘‘(v) Development and use of performance indica-
tors to measure the efficiency and effectiveness of
Fund operations.
‘‘(vi) The status of efforts to develop and imple-
ment new financial systems for the Fund.
‘‘(e) PROGRESS REPORT ON IMPLEMENTATION.—Not
later than February 1, 1994, the Secretary of Defense shall
submit to the Congress a report on the progress made in
implementing the comprehensive management plan re-
quired by subsection (d). The report should describe the
progress made in reaching the milestones established in the
plan and provide an explanation for the failure to meet
any of the milestones. The Secretary shall submit a copy
of the report to the Comptroller General of the United States
at the same time that he submits the report to Congress.
‘‘(f) RESPONSIBILITIES OF THE COMPTROLLER GEN-
ERAL.—(1) The Comptroller General of the United States
shall monitor and evaluate the progress of the Department
of Defense in developing and implementing the comprehen-
sive management plan required by subsection (d).
‘‘(2) Not later than March 1, 1994, the Comptroller
General shall submit to the Congress a report containing
the following:
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‘‘(A) The findings and conclusions of the Comp-
troller General resulting from the monitoring and
evaluation conducted under paragraph (1).
‘‘(B) An evaluation of the progress report sub-
mitted to Congress by the Secretary of Defense pursu-
ant to subsection (e).
‘‘(C) Any recommendations for legislation or ad-
ministrative action concerning the Fund that the
Comptroller General considers appropriate.’’.
SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE DE-
FENSE BUSINESS OPERATIONS FUND.
(a) LIMITATION.—(1) The Secretary of Defense may
not incur obligations against the supply management divi-
sions of the Defense Business Operations Fund of the De-
partment of Defense during fiscal year 1994 in a total
amount in excess of 65 percent of the total amount derived
from sales from such divisions during that fiscal year.
(2) For purposes of determining the amount of obliga-
tions incurred against, and sales from, such divisions dur-
ing fiscal year 1994, the Secretary shall exclude obligations
and sales for fuel, commissary and subsistence items, retail
operations, repair of equipment, and the cost of operations.
(b) EXCEPTION.—The Secretary of Defense may waive
the limitation described in subsection (a) if the Secretary
determines that such waiver is necessary in order to main-
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tain the readiness and combat effectiveness of the Armed
Forces. The Secretary shall immediately notify Congress of
any such waiver and the reasons for such waiver.
Subtitle C—Environmental Provisions
SEC. 321. AUTHORITY FOR MILITARY DEPARTMENTS TO
PARTICIPATE IN WATER CONSERVATION PRO-
GRAMS.
(a) AUTHORITY.—Chapter 169 of title 10, United
States Code, is amended by adding at the end the following:
‘‘§ 2866. Water conservation at military installations
‘‘(a) WATER CONSERVATION ACTIVITIES.—(1) The
Secretary of Defense shall permit and encourage each mili-
tary department, Defense Agency, and other instrumental-
ity of the Department of Defense to participate in programs
conducted by any water utility for the management of water
or for water conservation.
‘‘(2) The Secretary of Defense may authorize any mili-
tary installation to accept any financial incentive (includ-
ing an agreement to reduce the amount of a future water
bill), goods, or services generally available from a water
utility to adopt technologies and practices that the Sec-
retary determines are cost effective for the Federal Govern-
ment.
‘‘(3) Subject to paragraph (4), the Secretary of Defense
may authorize the Secretary of a military department hav-
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ing jurisdiction over a military installation to enter into
agreements with water utilities to design and implement
cost-effective demand and conservation incentive programs
(including water management services, facilities, alter-
ations, and the installation and maintenance of water sav-
ing devices and technologies by the utilities) to address the
requirements and circumstances of the installation.
‘‘(4)(A) If an agreement under paragraph (3) provides
for the utility to advance financing costs for the design or
implementation of a program referred to in that paragraph
to be repayed by the United States, the cost of such advance
may be recovered by the utility under terms no less favor-
able than those applicable to its most favored customer.
‘‘(B) Subject to the availability of appropriations, re-
payment of costs advanced under subparagraph (A) shall
be made from funds available to a military department for
the purchase of utility services.
‘‘(C) An agreement under paragraph (3) shall provide
that title to any water-saving device or technology installed
at a military installation pursuant to the agreement shall
vest in the United States. Such title may vest at such time
during the term of the agreement, or upon expiration of
the agreement, as determined to be in the best interests of
the United States.
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‘‘(b) USE OF WATER COST SAVINGS.—Water cost sav-
ings realized under this section shall be utilized in accord-
ance with section 2865(b) of this title.
‘‘(c) 
WATER
CONSERVATION
CONSTRUCTION
PROJECTS.—(1) The Secretary of Defense may carry out
a military construction project for water conservation, not
previously authorized, using funds appropriated or other-
wise made available for water conservation.
‘‘(2) Section 2865(e)(2) of this title shall apply to a
project to be carried out under the authority of paragraph
(1).
‘‘(d) DEFINITION.—In this section, the term ‘water
utility’ means any publicly or privately owned entity (in-
cluding a municipal or regional authority or water district)
that delivers potable water to a military installation
through a transmission or distribution system.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following:
‘‘2866. Water conservation at military installations.’’.
SEC. 322. CLARIFICATION OF AUTHORITY FOR ENERGY
CONSERVATION PROGRAMS AT MILITARY IN-
STALLATIONS.
(a) USE OF SAVINGS.—Subsection (b)(2) of section
2865 of title 10, United States Code, is amended to read
as follows:
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‘‘(2) Of the total amount that remains available for
obligation under paragraph (1) and section 2866(b) of this
title—
‘‘(A) one-half of such amount shall be used for
the implementation of additional energy conservation
measures and for water conservation activities at such
buildings, facilities, or installations of the Depart-
ment of Defense as may be designated (in accordance
with regulations which the Secretary of Defense shall
prescribe) by the head of the department, agency, or
instrumentality that realized the savings referred to
in paragraph (1) or referred to in section 2866(b) of
this title; and
‘‘(B) one-half of such amount shall be allocated
among the installations that realized such savings in
the same proportions as such savings were realized at
such installations and the amount so allocated to an
installation shall be utilized at such installation for—
‘‘(i) improvements to existing military fam-
ily housing units;
‘‘(ii) any unspecified minor construction
project that will enhance the quality of life of
personnel; or
‘‘(iii) any morale, welfare, or recreation fa-
cility or service.’’.
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(b) COVERED UTILITIES.—Subsection (d) of such sec-
tion 2865 is amended by adding at the end the following:
‘‘(5) In this subsection, the terms ‘gas utility’ and ‘elec-
tric utility’ mean any publicly or privately owned entity
(including a municipal or regional authority or Federal
power marketing agency) that deliver natural gas or elec-
tricity, respectively, to a military installation through a
transmission or distribution system.’’.
SEC. 323. CLARIFICATION OF FUNDING FOR ENVIRON-
MENTAL RESTORATION ACTIVITIES AT IN-
STALLATIONS TO BE CLOSED OR REALIGNED.
Section 2906(e) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Except for’’;
(2) in paragraph (1), as so designated, by insert-
ing ‘‘and except as provided in paragraph (2)’’ in the
first sentence after ‘‘subsection (a)’’; and
(3) by adding at the end the following:
‘‘(2) Funds in the Defense Environmental Restoration
Account established under section 2703(a) of title 10, Unit-
ed States Code, may be used for obligations incurred for
purposes described in section 2905(a)(1)(C)—
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‘‘(A) in fiscal year 1994 for installations ap-
proved for closure or realignment under this part in
1993; and
‘‘(B) in fiscal year 1996 for installations ap-
proved for closure or realignment under this part in
1995.’’.
SEC. 324. ANNUAL REPORT ON ENVIRONMENTAL RESTORA-
TION ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) REPORT ON IMPLEMENTATION OF PROGRAMS.—
Paragraph (2) of section 2706(a) of title 10, United States
Code, is amended—
(1) by redesignating subparagraph (D) as sub-
paragraph (E);
(2) by striking out subparagraph (C) and insert-
ing in lieu thereof the following new subparagraphs
(C) and (D):
‘‘(C) The estimated cost of carrying out response
actions at each facility on the National Priorities
List for each of the 5 fiscal years following the fiscal
year in which the report is submitted.
‘‘(D) The costs incurred for response actions at
each facility on the National Priorities List during
the fiscal year preceding the fiscal year in which the
report is filed.’’; and
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(3) by adding at the end the following:
‘‘(F) The estimated cost of carrying out response
actions at facilities other than facilities on the Na-
tional Priorities List for each of the 5 fiscal years fol-
lowing the fiscal year in which the report is submit-
ted.’’.
(b) TIMING OF REPORT.—Such section 2706(a) is fur-
ther amended by adding at the end the following:
‘‘(3) The Secretary shall submit the annual report re-
quired under this subsection no later than April 15 of each
year.’’.
SEC. 325. EXTENSION OF PERIOD OF APPLICABILITY OF RE-
QUIREMENT FOR REIMBURSEMENT OF THE
FEDERAL GOVERNMENT FOR CERTAIN LI-
ABILITIES ARISING UNDER CONTRACTS RE-
LATING TO HAZARDOUS WASTE.
Section 2708(b)(1) of title 10, United States Code, by
striking out ‘‘and 1993’’ and inserting in lieu thereof
‘‘through 1996’’.
SEC. 326. PROHIBITION ON THE PURCHASE OF SURETY
BONDS AND OTHER GUARANTIES FOR THE
DEPARTMENT OF DEFENSE.
No funds appropriated or otherwise made available to
the Department of Defense for fiscal year 1994 may be obli-
gated or expended for the purchase of surety bonds or other
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guaranties of financial responsibility in order to guarantee
the performance of any direct function of the Department
of Defense.
SEC. 327. CLARIFICATION OF SCOPE OF INDEMNIFICATION
OF TRANSFEREES OF CLOSING DEFENSE
PROPERTY.
(a) INDEMNIFICATION FOR PETROLEUM PRODUCTS.—
Subsection (a)(1) of section 330 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law 102–484;
10 U.S.C. 2687 note) is amended by striking out ‘‘or pollut-
ant or contaminant’’ and inserting in lieu thereof ‘‘, pollut-
ant or contaminant, any petroleum product, or any other
derivative of petroleum’’.
(b) ACTIVITIES SUBJECT TO INDEMNIFICATION.—Such
subsection (a)(1) is further amended by inserting ‘‘(includ-
ing defense activities carried out by a contractor or sub-
contractor under a contract with the Department of Defense
or a military department)’’ after ‘‘Department of Defense
activities’’.
(c) STATE OWNERSHIP
OR CONTROL.—Subsection
(a)(2)(A) of such section is amended by inserting ‘‘(includ-
ing a leasehold interest)’’ after ‘‘or control’’.
(d) RELATIONSHIP TO OTHER AUTHORITIES.—Sub-
section (e) of such section is amended—
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(1) by striking out ‘‘RELATIONSHIP TO OTHER
LAW.—’’ and inserting in lieu thereof ‘‘RELATION-
SHIP TO EXISTING LAW AND CONTRACTS.—’’; and
(2) by striking out ‘‘in any way’’ and inserting
in lieu thereof ‘‘in any way—
‘‘(1) section 120(h) of the Comprehensive
Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9620(h)), any
other provision of law, or any regulation; or
‘‘(2) any provision of a contract of the De-
partment of Defense or a military department,
or any provision of a subcontract under such a
contract, that provides the Department of De-
fense or the military department with a right of
contribution against the contractor or sub-
contractor, as the case may be.’’.
SEC. 328. SHIPBOARD PLASTIC AND SOLID WASTE CON-
TROL.
(a) SHORT TITLE.—This section may be cited as the
‘‘Act to Prevent Pollution from Ships Amendments of
1993’’.
(b) DEADLINE FOR COMPLIANCE BY SHIPS OWNED OR
OPERATED BY THE DEPARTMENT OF THE NAVY WITH CER-
TAIN
POLLUTION
CONTROL
CONVENTIONS.—Subsection
(b)(2)(A) of section 3 of the Act to Prevent Pollution from
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Ships (33 U.S.C. 1902) is amended by striking out ‘‘after
5 years’’ and all that follows and inserting in lieu thereof
‘‘, subject to subsection (f) of this section, as follows:
‘‘(i) After December 31, 1993, to all ships re-
ferred to in paragraph (1)(A) of this subsection other
than those owned or operated by the Department of
the Navy.
‘‘(ii) Except as provided in subsection (c) of this
section, after December 31, 1998, to all ships referred
to in paragraph (1)(A) of this subsection other than
submersibles owned or operated by the Department of
the Navy when such submersibles are engaged in non-
commercial service.
‘‘(iii) Except as provided in subsection (c) of this
section, after December 31, 2008, to all ships referred
to in paragraph (1)(A) of this subsection.’’.
(c) SPECIAL AREA DISCHARGES.—Section 3 of such
Act is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (g), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
‘‘(c) DISCHARGES IN SPECIAL AREAS.—(1) Not later
than December 31, 2000, all surface vessels owned or oper-
ated by the Department of the Navy, and not later than
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December 31, 2008, all submersibles owned or operated by
the Department of the Navy, shall comply with the special
area requirements of Regulation 5 of Annex V of the Con-
vention.
‘‘(2) Not later than 3 years after the date of the enact-
ment of the Act to Prevent Pollution from Ships Amend-
ments of 1993, the Secretary of the Navy, shall, in consulta-
tion with the Secretary of State, the Secretary of Commerce,
the Secretary of Transportation, and the Administrator of
the Environmental Protection Agency, submit to the Con-
gress a plan for the compliance by all vessels owned or oper-
ated by the Department of the Navy with the requirements
set forth in paragraph (1) of this subsection. Such plan
shall be submitted after opportunity for public participa-
tion in its preparation, and for public review and comment.
‘‘(3) If the Navy plan for compliance demonstrates that
compliance with the requirements set forth in paragraph
(1) of this subsection is not technologically feasible in the
case of certain vessels under certain circumstances, the plan
shall include information describing—
‘‘(A) the ships for which full compliance with the
requirements of paragraph (1) of this subsection is
not technologically feasible;
‘‘(B) the technical and operational impediments
to achieving such compliance;
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‘‘(C) a proposed alternative schedule for achiev-
ing such compliance as rapidly as is technologically
feasible; and
‘‘(D) such other information as the Secretary of
the Navy considers relevant and appropriate.
‘‘(4) Upon receipt of the compliance plan under para-
graph (2) of this subsection, the Congress may modify the
applicability of paragraph (1) of this subsection, as appro-
priate.’’.
(d) COMPLIANCE
MEASURES.—Such section 3 is
amended by inserting after subsection (d), as redesignated
by subsection (c)(1), the following new subsection:
‘‘(e) COMPLIANCE BY EXCLUDED VESSELS.—(1) The
Secretary of the Navy shall develop and, as appropriate,
support the development of technologies and practices for
solid waste management aboard ships owned or operated
by the Department of the Navy, including technologies and
practices for the reduction of the waste stream generated
aboard such ships, that are necessary to ensure the compli-
ance of such ships with Annex V to the Convention on or
before the dates referred to in subsections (b)(2)(A) and
(c)(1) of this section.
‘‘(2) Notwithstanding any effective date of the applica-
tion of this section to a ship, the provisions of Annex V
of the Convention with respect to the disposal of plastic
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shall apply to ships equipped with plastic processors re-
quired for the long-term collection and storage of plastic
aboard ships of the Navy upon the installation of such proc-
essors in such ships.
‘‘(3)(A) Within 12 months after the date of the enact-
ment of the Act to Prevent Pollution from Ships Amend-
ments of 1993, the Secretary of the Navy shall promulgate
regulations applicable to ships referred to in subsection
(b)(1)(A) of this section owned or operated by the Depart-
ment of the Navy. The regulations shall be consistent with
operational requirements of such ships and shall be revised
from time to time in accordance with this subsection.
‘‘(B) The regulations promulgated under subpara-
graph (A) of this paragraph shall include the following re-
quirements:
‘‘(i) That compacted trash discharged from
submersibles be negatively buoyant and contain the
minimum amount practicable of plastic.
‘‘(ii) That plastics contaminated by substances
other than food not be discharged overboard from any
ship during the last 20 days before the ship enters
port.
‘‘(iii) That plastics contaminated by food not be
discharged overboard from any ship during the last 3
days before the ship enters port.
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‘‘(4)(A) The Secretary of Defense shall publish in the
Federal Register a report setting forth the names of ships
provided with equipment enabling such ships to comply
with Annex V to the Convention and describing the amount
and nature of the discharges in special areas during the
preceding year from ships referred to in subsection (b)(1)(A)
of this section owned or operated by the Department of the
Navy. ’’.
(e) WAIVER AUTHORITY.—Such section 3, as amended
by subsection (d), is further amended by inserting after sub-
section (e) the following new subsection:
‘‘(f) WAIVER AUTHORITY.—The President may waive
the effective dates of the requirements set forth in subsections
(b)(2)(A) and (c) of this section and in subsection (f) of
the Act to Prevent Pollution from Ships Amendments of
1993 if the President determines it to be in the paramount
interest of the United States to do so. Any such waiver shall
be for a period not in excess of 1 year. The President shall
submit a report to the Congress each January on all waiv-
ers from the requirements of this section granted during the
preceding calendar year, together with the reasons for
granting such waivers.’’.
(f) OTHER ACTIONS.—(1) Not later than October 1,
1994, the Secretary of the Navy shall release a request for
proposals for equipment (hereinafter in this subsection re-
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ferred to as ‘‘plastics processor’’) required for the long-term
collection and storage of plastic aboard ships of the Navy.
(2) Not later than July 1, 1996, the Secretary shall
install the first production unit of the plastics processor on
board a Navy ship.
(3) Not later than July 1, 1997, the Secretary shall
complete the installation of plastics processors on board not
less than 50 percent of the ships of the Navy that require
such processors in order to comply with the provisions of
section 3 of the Act to Prevent Pollution from Ships, as
amended by subsections (b), (c), and (d) of this section.
(4) Not later than July 1, 1998, the Secretary shall
complete the installation of plastics processors on board not
less than 75 percent of the ships of the Navy that require
such processors in order to comply with such provisions.
(5) Not later than December 31, 1998, the Secretary
shall complete the installation of plastics processors on
board all ships of the Navy that require such processors in
order to comply with such provisions.
(g) DEFINITION.—Section 1(a) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)) is amended by
adding at the end the following:
‘‘(10) ‘submersible’ means a submarine, or any
other vessel designed to operate under water.’’.
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Subtitle D—Other Matters
SEC. 331. REPEAL OF AN EXCEPTION TO A LIMITATION ON
THE PERFORMANCE OF DEPOT-LEVEL MAIN-
TENANCE OF MATERIEL.
Section 2466(a) of title 10, United States Code, is
amended—
(1) by striking out paragraph (2); and
(2) in paragraph (1), by striking out ‘‘(1) Ex-
cept as provided in paragraph (2), the’’ and inserting
in lieu thereof ‘‘The’’.
SEC. 332. MAINTENANCE AND REPAIR OF PACIFIC BATTLE
MONUMENTS.
(a) AUTHORITY.—The Commandant of the Marine
Corps may perform necessary minor maintenance and re-
pairs of Pacific battle monuments until, by agreement be-
tween the Commandant and the Secretary of the American
Battle Monuments Commission, the American Battle Monu-
ments Commission undertakes the responsibility for main-
tenance and repair of such battle monuments.
(b) FUNDING.—(1) In each fiscal year that the Com-
mandant performs maintenance and repair activities pur-
suant to the authority in subsection (a), the Commandant
may expend for such activities not more than $15,000 of
the amount made available to the Marine Corps for such
fiscal year for operation and maintenance.
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(2) Of the amounts available to the Marine Corps for
fiscal year 1993 for operation and maintenance, $150,000
may, to the extent provided in appropriations Acts, be made
available for the repair and relocation of a monument lo-
cated on Iwo Jima that commemorates the sacrifice of
American military personnel during World War II.
(c) DEFINITION.—In this section, the term ‘‘Pacific
battle monument’’ means a monument on an island in the
Pacific Ocean that commemorates combat actions of any
of the Armed Forces.
SEC. 333. PURCHASE OF ITEMS NOT EXCEEDING $100,000.
Funds appropriated pursuant to the authorization of
appropriations in section 301 may be used to purchase
items not exceeding $100,000 for each item.
SEC. 334. EXTENSION OF AUTHORITY FOR AVIATION DE-
POTS AND NAVAL SHIPYARDS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510) is amended
by striking out ‘‘September 30, 1993’’ and inserting in lieu
thereof ‘‘September 30, 1994’’.
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SEC. 335. CONTRACTS TO PERFORM WORKLOADS PRE-
VIOUSLY PERFORMED BY DEPOT-LEVEL AC-
TIVITIES OF THE DEPARTMENT OF DEFENSE.
Section 2469 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a) REQUIREMENT FOR COM-
PETITION.—’’ before ‘‘The Secretary of Defense’’;
(2) by striking out ‘‘threshold’’;
(3) by striking out ‘‘unless’’ and all that follows
and inserting in lieu thereof ‘‘to performance by a
contractor unless the Secretary uses competitive pro-
cedures for the selection of the contractor to perform
such workload.’’; and
(4) by adding at the end the following new sub-
section:
‘‘(b) INAPPLICABILITY OF OMB CIRCULAR A–76.—Of-
fice of Management and Budget Circular A–76 does not
apply to a performance change to which subsection (a) ap-
plies.’’.
SEC. 336. PROMOTION OF CIVILIAN MARKSMANSHIP.
Section 4308(c) of title 10, United States Code, is
amended by adding at the end the following: ‘‘Notwith-
standing any other provision of law, such amounts shall
remain available until expended.’’.
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SEC. 337. AMENDMENTS REGARDING PILOT PROGRAM TO
USE NATIONAL GUARD PERSONNEL IN MEDI-
CALLY UNDERSERVED COMMUNITIES.
(a) AGREEMENT WITH DISTRICT OF COLUMBIA.—Sec-
tion 376 of the National Defense Authorization Act for Fis-
cal Year 1993 (Public Law 102–484; 106 Stat. 2386; 32
U.S.C. 501 note) is amended by adding at the end of sub-
section (a) the following: ‘‘In the case of an agreement with
the District of Columbia, the agreement shall be with the
commanding general of the District of Columbia National
Guard.’’.
(b) NATIONAL GUARD TRAINING AUTHORIZED TO IN-
CLUDE THE PROVISION OF HEALTH CARE.—Section 376 of
such Act is amended by striking out subsection (b) and in-
serting in lieu thereof the following new subsection (b):
‘‘(b) TRAINING AUTHORIZED TO INCLUDE PROVISION
OF HEALTH CARE.—Training conducted pursuant to sec-
tion 270 of title 10, United States Code, and section 502
of title 32, United States Code, may include, as an activity
conducted in the course of and incident to required or addi-
tional National Guard training, the provision of health care
under an agreement entered into pursuant to subsection
(a).’’.
(c) FUNDING, SAVINGS, AND
DEFINITION
PROVI-
SIONS.—Section 376 of such Act is amended—
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(1) by redesignating subsection (f) as subsection
(i); and
(2) by inserting after subsection (e) the following
new subsections:
‘‘(f) FUNDING AND USE OF OTHER RESOURCES.—
Funds appropriated for operation and maintenance of the
National Guard may be used for supplies and equipment
necessary for the provision of health care to medically un-
derserved communities under an agreement entered into
pursuant to subsection (a). Supplies and equipment fur-
nished by a State, a department or agency of the Federal
Government, or any private organization or individual
may also be used for the provision of health care to medi-
cally underserved communities under such an agreement.
‘‘(g) RETIREMENT CREDIT FOR FISCAL YEAR 1993
SERVICE.—Service under an agreement entered into pursu-
ant to subsection (a) that was performed by National Guard
personnel before October 1, 1993 (the effective date of an
amendment of subsection (b) to clarify the status of service
under such an agreement as training), shall be counted as
service under section 502 of title 32, United States Code,
for the purpose of computing years of service for entitlement
to retired pay under subparagraph (A) or (B) of section
1332(a)(2) of title 10, United States Code.
‘‘(h) DEFINITIONS.—In this section:
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‘‘(1) The term ‘health care’ includes medical and
dental care services.
‘‘(2) The term ‘State’ includes the Common-
wealth of Puerto Rico, a territory (as defined in sec-
tion 101(1) of title 32, United States Code), and the
District of Columbia.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 1993.
SEC. 338. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Sec-
tion 386(c) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2395;
20 U.S.C. 238 note) is amended—
(1) by striking out ‘‘or’’ at the end of paragraph
(1);
(2) by redesignating paragraph (2) as para-
graph (3);
(3) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) there has been a significant increase, as de-
termined by the Secretary of Defense, in the number
of military dependent students in average daily at-
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tendance in the schools of that agency as a result of
a relocation of Armed Forces personnel or civilian
employees of the Department of Defense or as a result
of a realignment of one or more military installa-
tions; or’’; and
(4) in paragraph (3), as redesignated by para-
graph (2), by inserting ‘‘or (2)’’ before the period at
the end.
(b) TECHNICAL CORRECTION.—Section 386 of such Act
is amended by—
(1) by redesignating the second subsection (e), re-
lating to definitions, as subsection (h); and
(2) by transferring such subsection, as so redesig-
nated, to the end of such section.
(c) EFFECTIVE DATE OF AMENDMENTS.—The amend-
ments made by subsections (a) and (b) shall take effect as
of October 23, 1992, as if section 386 of Public Law 102–
484 had been enacted as amended by such subsections.
(d) FUNDING.—Of the amounts authorized to be ap-
propriated pursuant to section 301(5)—
(1) $50,000,000 shall be available for providing
assistance to local educational agencies under sub-
section (b) of section 386 of Public Law 102–484; and
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(2) $8,000,000 shall be available for making
payments to local educational agencies under sub-
section (d) of such section.
(e) NOTIFICATION
AND DISBURSAL.—(1) The Sec-
retary shall notify on or before June 30, 1994, each local
educational agency eligible for assistance under subsections
(b) and (d) of section 386 of Public Law 102–484 for fiscal
year 1994 of such agency’s eligibility for such assistance
and the amount of such assistance.
(2) The Secretary shall disburse the funds made avail-
able pursuant to subsection (d) no later than 30 days after
notification to eligible local education agencies.
SEC. 339. ANNUAL ASSESSMENT OF FORCE READINESS.
(a) ANNUAL ASSESSMENT REQUIRED.—Not later than
March 1 of each of 1994, 1995, and 1996, the Chairman
of the Joint Chiefs of Staff shall submit to Congress an as-
sessment of—
(1) the readiness and capability of the Armed
Forces of the United States to carry out the full range
of the missions assigned to the Armed Forces; and
(2) the associated level or degree of risk for the
Armed Forces in responding to current and antici-
pated threats to national security interests of the
United States.
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(b) CONTENT OF ASSESSMENT.—Each assessment shall
include, for the 5-year period described in subsection (c),
the following matters:
(1) An unclassified description of the current
and projected readiness and capability of the Armed
Forces of the United States taking into consideration
each of the following areas:
(A) Personnel.
(B) Training and exercises.
(C) Logistics, including equipment mainte-
nance and supply availability.
(D) Equipment modernization.
(E) Installations, real property, and facili-
ties.
(F) Munitions.
(G) Mobility.
(H) Wartime sustainability.
(2) The personal assessment of the Chairman of
the Joint Chiefs of Staff regarding the readiness and
capabilities of the Armed Forces together with the
Chairman’s personal judgment on whether there are
significant problems or risks regarding the capabili-
ties and readiness of the Armed Forces.
(3) Any factors that the Chairman or any other
member of the Joint Chiefs of Staff believes may lead
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to a decrease in force readiness or a degradation in
the overall capability of the Armed Forces.
(4) Any recommended actions that the Chairman
of the Joint Chiefs of Staff considers appropriate.
(5) Any classified annexes that the Chairman of
the Joint Chiefs of Staff considers appropriate.
(c) PERIOD ASSESSED.—The assessment shall include
information for the fiscal year in which the assessment is
submitted, the 3 preceding fiscal years, and projections for
the subsequent fiscal year.
(d) INTERIM ASSESSMENTS.—If, at any time between
submissions of assessments to Congress under subsection (a),
the Chairman of the Joint Chiefs of Staff determines that
there is a significant change in the projected readiness or
capability of the Armed Forces from the readiness or capa-
bility projected in the most recent annual assessment, the
Chairman shall submit to the Congress a revised assessment
that reflects each such significant change.
SEC. 340. BUDGET INFORMATION ON DEPARTMENT OF DE-
FENSE RECRUITING EXPENDITURES.
(a) IN GENERAL.—Chapter 9 of title 10, United States
Code, is amended by adding at the end the following new
section:
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‘‘§ 227. Recruiting costs
‘‘The Secretary shall include in the budget justification
documents submitted to Congress each year in connection
with the submission of the budget pursuant to section 1105
of title 31 the following matters:
‘‘(1) The amount requested for the recruitment of
persons for enlistment, appointment, or induction
into the armed forces, including—
‘‘(A) the personnel costs for Department of
Defense personnel whose duties include—
‘‘(i) recruitment;
‘‘(ii) the management of Department of
Defense personnel performing recruitment
duties; or
‘‘(iii) supporting Department of De-
fense personnel in the performance of duties
referred to in clause (i) or (ii);
‘‘(B) the cost of providing support for such
personnel for the performance of those duties;
‘‘(C) operation and maintenance costs asso-
ciated with recruitment, including the costs of
paid advertising and facilities;
‘‘(D) the costs of incentives, including—
‘‘(i) amounts paid under sections 302d,
308a, 308c, 308f, 308g, 308h (for a first en-
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listment), and 308i of title 37, relating to
bonuses and other incentives;
‘‘(ii) amounts deposited in the Depart-
ment of Defense Education Benefits Fund
pursuant to section 2006(g) of this title;
and
‘‘(iii) payments under the provisions of
chapters 105, 107, and 109 of this title and
chapter 30 of title 38; and
‘‘(E) costs associated with military entrance
processing;
‘‘(2) the appropriation accounts from which such
costs are to be paid; and
‘‘(3) the estimated average total annual cost of
recruiting a person for enlistment, appointment, or
induction into the armed forces for the fiscal year
covered by the budget justification documents, deter-
mined and reported separately for—
‘‘(A) each armed force;
‘‘(B) the active component of each armed
force;
‘‘(C) each of the reserve components of each
armed force; and
‘‘(D) for all of the armed forces.’’.
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(b) TABLE OF SECTIONS.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘227. Recruiting costs.’’.
SEC. 341. REVISION OF AUTHORITIES ON NATIONAL SECU-
RITY EDUCATION TRUST FUND.
(a) CREDITING OF GIFTS TO THE NATIONAL SECURITY
EDUCATION TRUST FUND.—Section 804(e) of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1904(e)) is amended by adding at the end the following:
‘‘(3) Any gifts of money shall be credited to and form
a part of the Fund.’’.
(b) REPEAL
OF AUTHORIZATION REQUIREMENT.—
Section 804(b) of such Act is amended—
(1) by striking out paragraph (2);
(2) by striking out ‘‘(1)’’; and
(3) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1994, as follows:
(1) The Army, 540,000, of whom not more than
84,414 shall be commissioned officers.
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(2) The Navy, 480,800, of whom not more than
62,747 shall be commissioned officers.
(3) The Marine Corps, 177,000, of whom not
more than 17,851 shall be commissioned officers.
(4) The Air Force, 424,400, of whom not more
than 80,632 shall be commissioned officers.
SEC. 402. TEMPORARY VARIATION OF PERMANENT END
STRENGTH 
LIMITATIONS 
FOR 
CERTAIN
GRADES 
OF 
OFFICERS 
IN 
THE 
MARINE
CORPS.
(a) VARIATION IN PERMANENT LIMITATIONS.—Not-
withstanding the items relating to majors and lieutenant
colonels of the Marine Corps in the table in section
523(a)(1) of title 10, United States Code, in the administra-
tion of the limitation in such section for a fiscal year re-
ferred to in the table in subsection (b) of this section with
respect to commissioned officers of the Marine Corps serving
on active duty in the grades of major and lieutenant colonel,
the numbers applicable to such commissioned officers shall
be the numbers set forth for such fiscal year in the table
in subsection (b).
(b) TABLE.—The table referred to in subsection (a) is
as follows:
‘‘Fiscal year:
Number of officers who may be
serving on active duty in the
grade of:
Major
Lieutenant
colonel
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1994 ....................................
3,023 ...................................
1,577
1995 ....................................
3,081 ...................................
1,610
1996 ....................................
3,139 ...................................
1,643
1997 ....................................
3,196 ...................................
1,677.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 1994, as follows:
(1) The Army National Guard of the United
States, 410,000.
(2) The Army Reserve, 260,000.
(3) The Naval Reserve, 127,000.
(4) The Marine Corps Reserve, 42,200.
(5) The Air National Guard of the United
States, 119,760.
(6) The Air Force Reserve, 81,500.
(7) The Coast Guard Reserve, 10,500.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may vary an end strength authorized by subsection (a) by
not more than 2 percent above or below that authorized end
strength.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be reduced proportionately by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
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component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVE COMPO-
NENTS.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 1994, the following number of Reserves
to be serving on full-time active duty or, in the case of mem-
bers of the National Guard, full-time National Guard duty
for the purpose of organizing, administering, recruiting, in-
structing, or training the reserve components:
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(1) The Army National Guard of the United
States, 24,180.
(2) The Army Reserve, 12,542.
(3) The Naval Reserve, 20,415.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United
States, 9,517.
(6) The Air Force Reserve, 648.
SEC. 413. TEMPORARY VARIATION OF PERMANENT END
STRENGTH LIMITATIONS FOR AIR FORCE
PERSONNEL SERVING ON ACTIVE DUTY IN
CERTAIN GRADES IN SUPPORT OF THE RE-
SERVE COMPONENTS.
(a) SENIOR ENLISTED MEMBERS.—Notwithstanding
the items relating to pay grades E–8 and E–9 of the Air
Force in the table in section 517(b) of title 10, United States
Code, in the administration of the limitation in such sec-
tion for fiscal year 1994 with respect to enlisted members
of the Air Force serving on active duty in pay grades E–
8 and E–9 for duty referred to in that section, the numbers
applicable to such enlisted members are as follows:
(1) Grade E–8, 840.
(2) Grade E–9, 328.
(b) CERTAIN OFFICER GRADES.—Notwithstanding the
items relating to lieutenant colonels and colonels of the Air
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Force in the table in section 524(a) of such title, in the
administration of the limitation in such section for fiscal
year 1994 with respect to commissioned officers of the Air
Force serving on active duty in the grades of lieutenant
colonel and colonel for duty referred to in that section, the
numbers applicable to such commissioned officers are as fol-
lows:
(1) Lieutenant colonel, 636.
(2) Colonel, 274.
Subtitle C—Military Training
Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) IN GENERAL.—For fiscal year 1994, Armed Forces
are authorized average military training student loads as
follows:
(1) The Army, 75,220.
(2) The Navy, 45,269.
(3) The Marine Corps, 22,753.
(4) The Air Force, 33,439.
(b) SCOPE.—The average military training student
load authorized for an armed force under subsection (a) ap-
plies to the active and reserve components of that armed
force.
(c) ADJUSTMENTS.—The average military training
student loads authorized in subsection (a) shall be adjusted
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consistent with the end strengths authorized in parts A and
B. The Secretary of Defense shall prescribe the manner in
which such adjustments shall be apportioned.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1994 a total of $70,711,000,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1994.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR
ADVANCED EDUCATION IN A HEALTH PRO-
FESSION.
(a) CREDIT UPON ORIGINAL APPOINTMENT IN A REG-
ULAR COMPONENT.—Section 533(b)(1) of title 10, United
States Code, is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(including advanced edu-
cation in a health profession)’’ in the first sen-
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tence after ‘‘One year for each year of advanced
education’’;
(B) by striking out ‘‘Except as provided in
clause (E), in’’ at the beginning of the second
sentence and inserting in lieu thereof ‘‘In’’; and
(C) by striking out ‘‘postsecondary edu-
cation in excess of four that are’’ in the second
sentence and inserting in lieu thereof ‘‘advanced
education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as sub-
paragraph (E).
(b) CREDIT UPON ORIGINAL APPOINTMENT AS RE-
SERVE OFFICER IN THE ARMY.—Section 3353(b)(1) of title
10, United States Code, is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(including advanced edu-
cation in a health profession)’’ in the first sen-
tence after ‘‘One year for each year of advanced
education’’;
(B) by striking out ‘‘Except as provided in
clause (E), in ’’ at the beginning of the second
sentence and inserting in lieu thereof ‘‘In’’; and
(C) by striking out ‘‘postsecondary edu-
cation in excess of four that are’’ in the second
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sentence and inserting in lieu thereof ‘‘advanced
education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as sub-
paragraph (E).
(c) CREDIT UPON ORIGINAL APPOINTMENT AS OFFI-
CER IN NAVAL RESERVE OR MARINE CORPS RESERVE.—
Section 5600(b)(1) of title 10, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(including advanced edu-
cation in a health profession)’’ in the first sen-
tence after ‘‘One year for each year of advanced
education’’;
(B) by striking out ‘‘Except as provided in
clause (E), in’’ at the beginning of the second
sentence and inserting in lieu thereof ‘‘In’’; and
(C) by striking out ‘‘postsecondary edu-
cation in excess of four that are’’ in the second
sentence and inserting in lieu thereof ‘‘advanced
education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as sub-
paragraph (E).
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(d) CREDIT UPON ORIGINAL APPOINTMENT AS RE-
SERVE OFFICER IN THE AIR FORCE.—Section 8353(b)(1)
of title 10, United States Code, is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(including advanced edu-
cation in a health profession)’’ in the first sen-
tence after ‘‘One year for each year of advanced
education’’;
(B) by striking out ‘‘Except as provided in
clause (E), in’’ at the beginning of the second
sentence and inserting in lieu thereof ‘‘In’’; and
(C) by striking out ‘‘postsecondary edu-
cation in excess of four that are’’ in the second
sentence and inserting in lieu thereof ‘‘advanced
education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as sub-
paragraph (E).
SEC. 502. ORIGINAL APPOINTMENT AS REGULAR OFFICERS
CERTAIN RESERVE OFFICERS IN HEALTH
PROFESSIONS.
Section 532 of title 10, United States Code, is amended
by adding at the end the following:
‘‘(e)(1) An original appointment as a commissioned
officer (other than as a commissioned warrant officer) in
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the Regular Army, Regular Navy, Regular Air Force, or
Regular Marine Corps may given to a person referred to
in paragraph (2) in accordance with subsection (a) without
regard to the requirement in paragraph (2) of such sub-
section.
‘‘(2) Paragraph (1) applies to a person who is a re-
serve commissioned officer of the Medical Corps, Medical
Specialist Corps, Nurse Corps, or Veterinary Corps of the
Army, a reserve commissioned officer in the Medical Corps
or Nurse Corps of the Navy, or a reserve commissioned offi-
cer of the Air Force designated as a medical officer, bio-
medical science officer, or Air Force nurse.’’.
SEC. 503. TEMPORARY AUTHORITY FOR INVOLUNTARY SEP-
ARATION OF CERTAIN REGULAR WARRANT
OFFICERS.
(a) IN GENERAL.—Chapter 33A of title 10, United
States Code, is amended by inserting after section 580 the
following new section:
‘‘§ 580a. Enhanced authority for selective early dis-
charges
‘‘(a) The Secretary of Defense may authorize the Sec-
retary of a military department, during the two-year period
beginning on October 1, 1993, to take the action set forth
in subsection (b) with respect to regular warrant officers
of an armed force under the jurisdiction of that Secretary.
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‘‘(b) The Secretary of a military department may,
with respect to regular warrant officers of an armed force,
when authorized to do so under subsection (a), convene se-
lection boards under section 573(c) of this title to consider
for discharge regular warrant officers on the warrant officer
active-duty list—
‘‘(1) who have served at least one year of active
duty in the grade currently held;
‘‘(2) whose names are not on a list of warrant
officers recommended for promotion; and
‘‘(3) who are not eligible to be retired under any
provision of law and are not within two years of be-
coming so eligible.
‘‘(c)(1) In the case of an action under subsection (b),
the Secretary of the military department concerned may
submit to a selection board convened pursuant to that
subsection—
‘‘(A) the names of all regular warrant officers
described in that subsection in a particular grade and
competitive category; or
‘‘(B) the names of all regular warrant officers
described in that subsection in a particular grade and
competitive category who also are in particular year
groups or specialties, or both, within that competitive
category.
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‘‘(2) The Secretary concerned shall specify the total
number of warrant officers to be recommended for discharge
by a selection board convened pursuant to subsection (b).
That number may not be more than 30 percent of the num-
ber of officers considered—
‘‘(A) in each grade in each competitive category;
or
‘‘(B) in each grade, year group, or specialty (or
combination thereof) in each competitive category.
‘‘(3) The total number of regular warrant officers de-
scribed in subsection (b) from any of the armed forces (or
from any of the armed forces in a particular grade) who
may be recommended during a fiscal year for discharge by
a selection board convened pursuant to the authority of that
subsection may not exceed 70 percent of the decrease, as
compared to the preceding fiscal year, in the number of
warrant officers of that armed force (or the number of war-
rant officers of that armed force in that grade) authorized
to be serving on active duty as of the end of that fiscal year.
‘‘(4) A warrant officer who is recommended for dis-
charge by a selection board convened pursuant to the au-
thority of subsection (b) and whose discharge is approved
by the Secretary concerned shall be discharged on a date
specified by the Secretary concerned.
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‘‘(5) Selection of warrant officers for discharge under
this subsection shall be based on the needs of the service.
‘‘(d) The discharge of any warrant officer pursuant to
this section shall be considered involuntary for purposes of
any other provision of law.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 33A of such title is amended by
inserting after the item relating to section 580 the following
new item:
‘‘580a. Enhanced authority for selective early discharges.’’.
SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR TEM-
PORARY PROMOTIONS OF CERTAIN NAVY
LIEUTENANTS.
Effective as of September 29, 1993, section 5721(f) of
title 10, United States Code, is amended by striking out
‘‘September 30, 1993’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1995’’.
Subtitle B—Reserve Components
SEC. 511. LIMITED DELEGATION OF PRESIDENTIAL AU-
THORITY TO ORDER SELECTED RESERVE TO
ACTIVE DUTY.
(a) AUTHORITY TO ORDER THE SELECTED RESERVE
TO ACTIVE DUTY.—Section 673b(a) of title 10, United
States Code, is amended by striking out ‘‘when the Presi-
dent determines that it is necessary to augment the active
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forces for any operational mission, he’’ and inserting in lieu
thereof ‘‘the President’’.
(b) MAXIMUM NUMBER SERVING ON ACTIVE DUTY
CONCURRENTLY.—Section 673b(c) of such title is amended
to read as follows:
‘‘(c)(1) Except as provided in paragraph (2), the num-
ber of members of the Selected Reserve that are on active
duty at any one time under subsection (a) may not exceed
25,000.
‘‘(2) When the President determines it necessary in
order to augment the active forces for an operational mis-
sion, the number of members of the Selected Reserve that
are on active duty at one time under subsection (a) may
exceed 25,000 but may not exceed 200,000.’’.
SEC. 512. TWO-YEAR EXTENSION OF CERTAIN RESERVE OF-
FICER MANAGEMENT AUTHORITIES.
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN
RESERVE
MEDICAL
OFFICERS.—Sections 3359(b) and
8359(b) of title 10, United States Code, are amended by
striking out ‘‘September 30, 1993’’ and inserting in lieu
thereof ‘‘September 30, 1995’’.
(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE
OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)
and 8380(d) of title 10, United States Code, are amended
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by striking out ‘‘September 30, 1993’’ and inserting in lieu
thereof ‘‘September 30, 1995’’.
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER
TO THE RETIRED RESERVE.—Section 1016(d) of the De-
partment of Defense Authorization Act, 1984 (10 U.S.C.
3360 note) is amended by striking out ‘‘September 30,
1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
(d) EFFECTIVE DATE.—(1) The amendments made by
this section shall take effect as of September 30, 1993.
(2) If the date of the enactment of this Act is after
September 30, 1993, the Secretary of the Army or the Sec-
retary of the Air Force, as appropriate, shall provide, in
the case of a Reserve officer appointed to a higher grade
on or after the date of the enactment of this Act under an
appointment described in paragraph (3), that the date of
rank of such officer under that appointment shall be the
date of rank that would have applied to the appointment
had the authority referred to in that paragraph not lapsed.
(3) An appointment referred to in paragraph (2) is
an appointment under section 3380 or 8380 of title 10,
United States Code, that (as determined by the Secretary
concerned) would have been made during the period begin-
ning on October 1, 1993, and ending on the date of the
enactment of this Act had the authority to make appoint-
ments under that section not lapsed during such period.
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SEC. 513. CONSISTENCY OF TREATMENT OF NATIONAL
GUARD TECHNICIANS AND OTHER MEMBERS
OF THE NATIONAL GUARD.
(a) FEDERAL RECOGNITION QUALIFICATIONS
FOR
TECHNICIANS.—Section 709 of title 32, United States Code,
is amended by adding at the end the following new sub-
section:
‘‘(i) The Secretary concerned may not prescribe for
purposes of eligibility for Federal recognition under section
301 of this title special qualifications applicable to techni-
cians employed under subsection (a) that are not applicable
pursuant to that section to the other members of the Na-
tional Guard in the same grade, branch, position, and type
of unit or organization involved.’’.
(b) MILITARY EDUCATION.—(1) Section 523 of the Na-
tional Defense Authorization Act, Fiscal Year 1989 (Public
Law 100–456; 102 Stat. 1918, 1974; 32 U.S.C. 709 note)
is repealed.
(2) Section 506 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
103 Stat. 1438; 32 U.S.C. 709 note) is repealed.
SEC. 514. EXCEPTION TO REQUIREMENT FOR 12 WEEKS OF
BASIC TRAINING.
Section 671(b) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
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(2) by adding at the end the following new para-
graph:
‘‘(2)(A) Notwithstanding paragraph (1) and section
4(a) of the Military Selective Service Act (50 U.S.C. App.
454(a)), under regulations prescribed in accordance with
subparagraph (B), the Secretary concerned may establish
a period of basic training (or equivalent training) shorter
than 12 weeks for persons inducted, enlisted, or appointed
in an armed force who have developed skills in the civilian
sector that can be readily applied in the armed forces.
‘‘(B) The Secretary of Defense shall prescribe regula-
tions governing the implementation of the authority pro-
vided in subparagraph (A). The regulations shall apply
uniformly to the military departments. The Secretary of
Transportation shall prescribe regulations governing the
implementation of the authority provided in subparagraph
(A) for the Coast Guard when it is not operating as a serv-
ice in the Navy.’’.
SEC. 515. NATIONAL GUARD MANAGEMENT INITIATIVES.
(a) CLARIFICATION REGARDING FEMALE MEMBERS OF
THE MILITIA.—Section 311(a) of title 10, United States
Code, is amended by inserting ‘‘, warrant officers, or en-
listed members’’ after ‘‘female citizens of the United States
who are commissioned officers’’.
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(b) REPEAL OF REQUIREMENTS FOR PHYSICAL EXAM-
INATION OF NATIONAL GUARD MEMBERS CALLED INTO
FEDERAL SERVICE.—(1)(A) Section 3502 of title 10, Unit-
ed States Code, is repealed.
(B) The table of sections at the beginning of chapter
341 of such title is amended by striking out the item relat-
ing to section 3502.
(2)(A) Section 8502 of title 10, United States Code,
is repealed.
(B) The table of sections at the beginning of chapter
841 of such title is amended by striking out the item relat-
ing to section 8502.
(c) INCREASED PERIOD FOR COMPLETION OF UNIT
TRAINING.—Section 502(b) of title 32, United States Code,
is amended by striking out ‘‘30 consecutive days’’ in the
second sentence and inserting in lieu thereof ‘‘90 consecutive
days’’.
(d) EXCEPTIONS
TO 30-DAY NOTICE
FOR TERMI-
NATION
OF EMPLOYMENT
OF TECHNICIANS.—Subsection
709(e)(6) of title 32, United States Code, is amended by
inserting after ‘‘termination of employment as a technician
and’’ the following: ‘‘, unless the technician is serving under
a temporary appointment, is serving in a trial or proba-
tionary period, or has voluntarily ceased to be a member
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of the National Guard when such membership is a condition
of employment,’’.
(e) REPEAL OF LIMIT ON NUMBER OF TECHNICIANS
EMPLOYED CONCURRENTLY.—Subsection 709(h) of title 32,
United States Code, is repealed.
(f) 
PERSONNEL
AUTHORIZED
TO
MAKE
UNSERVICEABILITY FINDINGS.—Subsection 710(f) of title
32, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’;
(2) in the first sentence, by striking out ‘‘of the
Regular Army or the Regular Air Force, as the case
may be,’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The Secretary shall designate a commissioned of-
ficer of the Regular Army, a commissioned officer of the
Army National Guard who is also a commissioned officer
of the Army National Guard of the United States, a com-
missioned officer of the Regular Air Force, or a commis-
sioned officer of the Air National Guard who is also a com-
missioned officer of the Air National Guard of the United
States to conduct inspections and make findings for pur-
poses of paragraph (1).’’.
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SEC. 516. FREQUENCY OF PHYSICAL EXAMINATIONS OF
MEMBERS OF THE READY RESERVE.
Section 1004(a)(1) of title 10, United States Code, is
amended by striking out ‘‘four years’’ and inserting in lieu
thereof ‘‘five years’’.
Subtitle C—Service Academies
SEC. 521. CONGRESSIONAL NOMINATIONS.
Sections 4342(a), 6954(a), and 9342(a) of title 10,
United States Code, are amended—
(1) in the sentence following paragraph (9), by
striking out ‘‘a principal candidate and nine alter-
nates’’ and inserting in lieu thereof ‘‘10 persons’’; and
(2) by inserting after such sentence the following:
‘‘Nominees may be submitted without ranking, or
with a principal candidate and 9 ranked or unranked
alternates. Qualified nominees not selected for ap-
pointment under this subsection shall be considered
qualified alternates for the purposes of selection under
other provisions of this chapter.’’.
SEC. 522. GRADUATION LEAVE.
Section 702(a) of title 10, United States Code, is
amended by striking out ‘‘regular’’ in the first sentence.
SEC. 523. MANAGEMENT OF FACULTIES.
(a) IN GENERAL.—(1) Title 10, United States Code,
is amended by inserting after chapter 111 the following new
chapter:
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‘‘CHAPTER 112—MANAGEMENT OF
FACULTIES OF THE SERVICE ACADEMIES
‘‘Sec.
‘‘2000. Academy defined.
‘‘2000a. Faculty management.
‘‘2000b. Requirement to report misconduct.
‘‘§ 2000. Academy defined
‘‘For purposes of this chapter, ‘Academy’ means the
United States Military Academy, the United States Naval
Academy, or the United States Air Force Academy.
‘‘§ 2000a. Faculty management
‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—The
Secretary of Defense may, without regard to any other pro-
vision of law relating to the number, classification, or com-
pensation of employees—
‘‘(1) establish such positions for civilian faculty
of an Academy as the Secretary considers necessary
to carry out the functions of the Academy;
‘‘(2) appoint individuals to such positions; and
‘‘(3) subject to section 5373 of title 5, fix the
compensation of such individuals for service in such
positions.
‘‘(b) EXCLUSIVE AUTHORITY.—The authority of the
Secretary to take an action under subsection (a) is exclu-
sive.
‘‘(c) INAPPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—To provide for the effective and efficient manage-
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ment of the civilian faculty of an Academy, such faculty
shall be exempt from the following provisions of title 5:
‘‘(1) Chapter 43, relating to performance ap-
praisals.
‘‘(2) Chapter 51, relating to classification.
‘‘(3) Chapter 53, relating to pay rates and sys-
tems.
‘‘(4) Section 5542, relating to overtime pay
rates.
‘‘(5) Chapter 61, relating to hours of work.
‘‘§ 2000b. Requirement to report misconduct
‘‘(a) REQUIREMENT.—Each officer and each civilian
member of the teaching staff of an Academy shall report
to the Superintendent of the Academy, or the Superintend-
ent’s designee, any fact that tends to evidence the commis-
sion of hazing or any violation of an Academy regulation
by a cadet or midshipman.
‘‘(b) FAILURE OF OFFICER TO REPORT.—Any officer
who willfully fails to make a report required by subsection
(a) shall be reassigned from duties involving the teaching
or supervision of cadets or midshipmen and, at the request
of the Superintendent, shall be reassigned from the Acad-
emy.
‘‘(c) FAILURE OF CIVILIAN FACULTY MEMBER TO RE-
PORT.—Subject to the approval of the Secretary of Defense,
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the Superintendent of an Academy shall remove any civil-
ian member of the teaching staff of the Academy who will-
fully fails to make a report required by subsection (a).’’.
(2) The tables of chapters at the beginning of subtitle
A of title 10, United States Code, and the beginning of part
III of such subtitle are amended by inserting after the item
relating to chapter 111 the following:
‘‘112. Management of faculties of the service academies ...............................
2000’’.
(b) REPEAL OF SUPERSEDED LAW.—(1) Section 6965
of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
603 of such title is amended by striking the item relating
to section 6965.
Subtitle D—Force Reduction
Transition
SEC. 531. TEACHER AND TEACHER AIDE PROGRAM FOR SEP-
ARATED MEMBERS OF THE ARMED FORCES.
(a) REVISED DEADLINE FOR APPLICATIONS.—Section
1151(e)(1) of title 10, United States Code, is amended by
striking out ‘‘before the date of the discharge or release’’ in
the first sentence and inserting in lieu thereof ‘‘not later
than one year after the discharge or release’’.
(b) DISCRETIONARY AUTHORITY TO MAKE GRANTS TO
FACILITATE PLACEMENTS.—Paragraphs (1) and (2) of sec-
tion 1151(h) of title 10, United States Code, are amended
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by striking out ‘‘shall offer’’ and inserting in lieu thereof
‘‘may offer’’.
(c) ELIGIBILITY OF MEMBERS NOT EDUCATIONALLY
QUALIFIED FOR TEACHER PLACEMENT ASSISTANCE.—Sec-
tion 1151 of title 10, United States Code, is amended—
(1) in subsection (c)—
(A) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) For purposes of this section, a former member of
the armed forces who did not meet the minimum edu-
cational qualification criterion set forth in paragraph
(1)(B)(i) for teacher placement assistance before discharge
or release from active duty shall be considered to be a mem-
ber satisfying such educational qualification criterion upon
satisfying that criterion within 5 years after discharge or
release from active duty.’’;
(2) in subsection (e)(1), as amended by sub-
section (a), by inserting before the period at the end
of the first sentence the following: ‘‘or, in the case of
an applicant becoming educationally qualified for
teacher placement assistance in accordance with sub-
section (c)(2), not later than one year after the appli-
cant becomes educationally qualified.’’;
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(3) by redesignating subsection (k) as subsection
(l); and
(4) by inserting after subsection (j) the following
new subsection (k):
‘‘(k) IDENTIFICATION OF NCOS WITHOUT DEGREES
AS CANDIDATES FOR ASSISTANCE.—The Secretary shall
provide under the program for—
‘‘(1) identifying, during each fiscal year in the
period referred to in subsection (c)(1)(A), noncommis-
sioned officers who, on or before the end of such fiscal
year, will have completed 10 or more years of contin-
uous active duty, who have the potential to perform
competently as elementary or secondary school teach-
ers, but who do not satisfy the minimum educational
qualification criterion under subsection (c)(1)(B)(i)
for teacher placement assistance; and
‘‘(2) informing the noncommissioned officers so
identified of the opportunity to qualify in accordance
with subsection (c)(2) for teacher placement assistance
under the program.’’.
SEC. 532. EXTENSION OF PERSONNEL MANAGEMENT AND
BENEFITS TRANSITION AUTHORITIES.
(a) RETIREMENT OF CERTAIN LIMITED DUTY OFFI-
CERS OF THE NAVY.—Sections 633, 634, 6383(a)(5), and
6383(i) of title 10, United States Code, are amended by
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striking out ‘‘October 1, 1995’’ and inserting in lieu thereof
‘‘October 1, 1998’’.
(b) EARLY RETIREMENT AUTHORITY FOR CERTAIN
ACTIVE
DUTY
MEMBERS
DURING
ACTIVE
FORCE
DRAWDOWN.—Section 4403(i) of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law 102–484;
106 Stat. 2704; 10 U.S.C. 1293 note) is amended by strik-
ing out ‘‘October 1, 1995’’ and inserting in lieu thereof ‘‘Oc-
tober 1, 1998’’.
(c) GUARD AND RESERVE TRANSITION INITIATIVES.—
Section 4411 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2712;
10 U.S.C. 1162 note) is amended by striking out ‘‘Septem-
ber 30, 1995’’ and inserting in lieu thereof ‘‘October 1,
1998’’.
(d) WAIVER OF SERVICE REQUIREMENT FOR CERTAIN
RESERVISTS
UNDER
MONTGOMERY
GI BILL.—Section
2133(b)(1)(B) of title 10, United States Code, and section
3012(b)(1)(B)(iii) of title 38, United States Code, are
amended by striking out ‘‘September 30, 1995,’’ and insert-
ing in lieu thereof in each instance ‘‘October 1, 1998’’.
(e) PROGRAM OF EDUCATIONAL LEAVE RELATING TO
CONTINUING PUBLIC AND COMMUNITY SERVICE.—Section
4463(f) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 10 U.S.C. 1143a note)
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is amended by striking out ‘‘September 30, 1995’’ and in-
serting in lieu thereof ‘‘October 1, 1998’’.
(f) SPECIAL SEPARATION BENEFITS
FOR CERTAIN
VOLUNTARILY SEPARATED MEMBERS.—Section 1174a(h) of
title 10, United States Code, is amended by striking out
‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1998’’.
(g) VOLUNTARY SEPARATION INCENTIVES FOR CER-
TAIN VOLUNTARILY SEPARATED MEMBERS.—Section 1175
of title 10, United States Code, is amended—
(1) in subsections (d)(3) and (h)(6), by striking
out ‘‘September 30, 1995’’ each place it appears and
inserting in lieu thereof ‘‘September 30, 1998’’; and
(2) in subsection (h)(7)(A), by striking out ‘‘fis-
cal year 1996’’ and inserting in lieu thereof ‘‘fiscal
year 1999’’.
(h) UNIFORM PROCESS FOR IMPLEMENTING REDUC-
TIONS IN STRENGTHS.—Section 402(a) of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law
101–510; 104 Stat. 1544) is amended by striking out ‘‘five-
year period’’ each place it appears and inserting in lieu
thereof ‘‘eight-year period’’.
(i) TRAVEL AND TRANSPORTATION ALLOWANCES AND
STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS FOR
CERTAIN MEMBERS BEING INVOLUNTARILY SEPARATED.—
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(1) Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v)
and 406(g)(1)(C) of title 37, United States Code, are
amended by striking out ‘‘five-year period’’ and inserting
in lieu thereof in each instance ‘‘eight-year period’’.
(2) Section 503(c) of the National Defense Act Author-
ization Act for Fiscal Year 1991 (Public Law 101–510; 37
U.S.C. 406 note) is amended by striking out ‘‘five-year pe-
riod’’ and inserting in lieu thereof ‘‘eight-year period’’.
(j) CONTINUED ENROLLMENT
OF DEPENDENTS
OF
CERTAIN INVOLUNTARILY SEPARATED MEMBERS IN DE-
FENSE
DEPENDENTS’ 
EDUCATION
SYSTEM.—Section
1407(c) of the Defense Dependents’ Education Act of 1978
(20 U.S.C. 926(c)) is amended by striking out ‘‘five-year
period’’ and inserting in lieu thereof ‘‘eight-year period’’.
(k) REDUCTION
OF TIME-IN-GRADE REQUIREMENT
FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE-
MENT.—Section 1370(a)(2)(A) of title 10, United States
Code, is amended by striking out ‘‘five-year period’’ and
inserting in lieu thereof ‘‘eight-year period’’.
(l) REQUIRED LENGTH OF COMMISSIONED SERVICE
FOR VOLUNTARY RETIREMENT AS AN OFFICER.—Sections
3911(b), 6323(a)(2), and 8911(b) of title 10, United States
Code, are amended by striking out ‘‘five-year period’’ and
inserting in lieu thereof ‘‘eight-year period’’.
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SEC. 533. TECHNICAL AND CONFORMING AMENDMENTS RE-
LATING TO TRANSITION AUTHORITIES.
(a) RETENTION ON ACTIVE DUTY OF ENLISTED RE-
SERVES WITH BETWEEN 18 AND 20 YEARS OF SERVICE.—
Section 1176(b) of title 10, United States Code, is amended
to read as follows:
‘‘(b) RESERVE MEMBERS.—(1) A reserve enlisted
member serving in an active status who is selected to be
involuntarily separated, or whose term of enlistment expires
and who is denied reenlistment, and who on the date on
which the member is to be discharged or transferred from
an active status is entitled to be credited with at least 18
but less than 20 years of service computed under section
1332 of this title, may not be discharged or transferred from
an active status without the member’s consent before the
earlier of the following:
‘‘(A) If as of the date on which the member is
to be discharged or transferred from an active status
the member has at least 18, but less than 19, years
of service computed under section 1332 of this title—
‘‘(i) the date on which the member is enti-
tled to be credited with 20 years of service com-
puted under section 1332 of this title; or
‘‘(ii) the third anniversary of the date on
which the member would otherwise be discharged
or transferred from an active status.
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‘‘(B) If as of the date on which the member is
to be discharged or transferred from an active status
the member has at least 19, but less than 20, years
of service computed under section 1332 of this title—
‘‘(i) the date on which the member is enti-
tled to be credited with 20 years of service com-
puted under section 1332 if this title; or
‘‘(ii) the second anniversary of the date on
which the member would otherwise be discharged
or transferred from an active status.
‘‘(2) This subsection does not apply to members who
are discharged or transferred from an active status for
physical disability or for cause.’’.
(b) AUTHORITY TO ORDER EARLY RETIREES TO AC-
TIVE DUTY.—Section 688(a) of title 10, United States Code,
is amended in the first sentence—
(1) by striking out ‘‘or’’ after ‘‘20 years of active
service,’’; and
(2) by inserting ‘‘, or a member of the Retired
Reserve, the Fleet Reserve, or the Fleet Marine Corps
Reserve who has been retired under the provisions of
section 4403(b) of Public Law 102–484’’ after ‘‘Fleet
Marine Corps Reserve’’.
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Subtitle E—Other Matters
SEC. 541. ASSIGNMENTS OF WOMEN MEMBERS OF THE
ARMED FORCES.
(a) REPEAL OF STATUTORY RESTRICTION ON THE AS-
SIGNMENT OF WOMEN IN THE NAVY AND MARINE CORPS.—
Section 6015 of title 10, United States Code, is repealed.
(b) ARMY ASSIGNMENTS.—(1) Part II of subtitle B of
title 10, United States Code, is amended by inserting after
chapter 345 the following new chapter:
‘‘CHAPTER 346—ADMINISTRATION
‘‘3591. Assignments of women members.
‘‘§ 3591. Assignments of women members
‘‘Under regulations prescribed by the Secretary of De-
fense, the Secretary of the Army may prescribe the kinds
of duties which women members of the Army shall be as-
signed and the military authority which such members shall
exercise.’’.
(2) The tables of chapters at the beginning of subtitle
B of such title and of part II of such subtitle are amended
by inserting after the item relating to chapter 345 the fol-
lowing:
‘‘346. Administration ......................................................................................
3591’’.
(c) NAVY
AND MARINE CORPS ASSIGNMENTS.—(1)
Chapter 555 of title 10, United States Code, is amended
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by inserting after section 6014 the following new section
6015:
‘‘§ 6015. Assignments of women members
‘‘Under regulations prescribed by the Secretary of De-
fense, the Secretary of the Navy may prescribe the kinds
of duties which women members of the Navy and women
members of the Marine Corps shall be assigned and the
military authority which such members shall exercise.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by striking out the item relating to section
6015 and inserting in lieu thereof the following:
‘‘6015. Assignments of women members.’’.
(d) AIR FORCE ASSIGNMENTS.—(1) Part II of subtitle
D of title 10, United States Code, is amended by inserting
after chapter 845 the following new chapter:
‘‘CHAPTER 846—ADMINISTRATION
‘‘3691. Assignments of women members.
‘‘§ 8591. Assignments of women members
‘‘Under regulations prescribed by the Secretary of De-
fense, the Secretary of the Air Force may prescribe the kinds
of duties which women members of the Air Force shall be
assigned and the military authority which such members
shall exercise.’’.
(2) The tables of chapters at the beginning of subtitle
D of such title and of part II of such subtitle are amended
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by inserting after the item relating to chapter 845 the fol-
lowing:
‘‘846. Administration ......................................................................................
8591’’.
(e) NOTIFICATION REQUIREMENTS.—(1)(A) The Sec-
retary of Defense shall transmit to the Committees on
Armed Services of the Senate and House of Representatives,
on a day during which Congress is in session, any regula-
tion that the Secretary proposes for the purposes of section
3591, 6015, or 8591 of title 10, United States Code, as
added by this section. The Secretary may not issue the pro-
posed regulation (or any modification of the proposed regu-
lation) as a final regulation within the 60-day period be-
ginning on the date on which the Secretary transmits the
proposed regulation to such committees.
(B) For purposes of subparagraph (A), Congress is in
session on a day during which either House of Congress
is in session.
(C) A day on which both Houses of Congress are not
in session shall not be counted in the computation of the
60-day period referred to in subparagraph (A).
(2) The Secretary of Defense shall transmit to the Com-
mittees on Armed Services of the Senate and House of Rep-
resentatives any regulation that the Secretary issues as a
final regulation for the purposes of section 3591, 6015, or
8591 of title 10, United States Code, as added by this sec-
tion. The final regulation may not become effective within
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the 90-day period beginning on the date on which the Sec-
retary transmits the final regulation to such committees.
SEC. 542. REDUCTION IN THE MAXIMUM NUMBER OF YEARS
TO BE ON TEMPORARY DISABILITY RETIRED
LIST.
(a) IN GENERAL.—(1) Section 1210(b) of title 10,
United States Code, is amended by striking out ‘‘five years’’
in the first sentence and inserting in lieu thereof ‘‘three
years’’.
(2) Section 1210(h) of title 10, United States Code,
is amended by striking out ‘‘five years’’ and inserting in
lieu thereof ‘‘three years’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall apply to a member of the Armed Forces who
is placed on a temporary disability retired list on or after
such date.
SEC. 543. CLARIFICATION OF PUNITIVE UCMJ ARTICLE RE-
GARDING DRUNKEN DRIVING.
(a) CLARIFICATION.—Paragraph (2) of section 911 of
title 10, United States Code (article 111 of the Uniform
Code of Military Justice), is amended by inserting ‘‘or
more’’ after ‘‘0.10 grams’’ both places it appears.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as if included in the amendment