HR 2401 RDS
comments on the report as it considers appropriate to the
Committees on Armed Services of the Senate and House
of Representatives.’’.
(b) EXTENSION OF DEADLINE FOR SUBMISSION OF
REVISED CONCEPT PLAN.—Section 175(d) of such Act
(106 Stat. 2344) is amended by striking out ‘‘not later
than 180 days’’ and all that follows and inserting in lieu
thereof ‘‘during the 180-day period beginning at the end
of the 90-day period following the submission of the report
of the Secretary required under section 173.’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorizations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the use of the Department of Defense
for research, development, test, and evaluation, as follows:
(1) For the Army, $5,417,141,000.
(2) For the Navy, $8,736,970,000.
(3) For the Air Force, $13,446,635,000.
(4) 
For 
Defense-wide 
activities,
$10,284,652,000, of which—
HR 2401 RDS
(A) $232,592,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $12,650,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. MANUFACTURING TECHNOLOGY DEVELOPMENT.
(a) FISCAL YEAR 1994.—Of the amounts authorized
to be appropriated by section 201, $315,000,000 shall be
available for, and may be obligated only for, manufactur-
ing technology development as follows:
(1) For the Army: $50,000,000.
(2) For the Navy, $120,000,000.
(3) For the Air Force, $110,000,000.
(4) 
For 
the 
Defense 
Logistics 
Agency,
$35,000,000, of which $15,000,000 is available only
for the establishment of a pilot program for the
metalcasting industry.
(b) INDUSTRIAL
MODERNIZATION
IMPROVEMENT
PROGRAM.—The Secretary shall reestablish the Industrial
Modernization Improvement Program (IMIP) of the De-
partment of Defense carried out through the Manufactur-
ing Technology programs and shall provide sufficient
funding for that program for fiscal year 1994 from funds
referred to in subsection (a).
HR 2401 RDS
(c) WORKER SKILLS.—Manufacturing technology de-
velopment programs conducted by or for the Department
of Defense, including those programs for which funds are
made available pursuant to subsection (a), shall include
a focus on production technologies designed to build on
and expand existing worker skills and experience in manu-
facturing production.
SEC. 203. REENTRY VEHICLE INDUSTRIAL BASE.
Of the amount authorized to be appropriated pursu-
ant to section 201 for the Navy, $5,000,000 shall be avail-
able for the contribution of the Navy for fiscal year 1994
to the Reentry Vehicle industrial base.
SEC. 204. REALLOCATION OF CERTAIN R&D FUNDS.
(a) INCREASE IN AMOUNT FOR ARMY.—The amount
provided in section 201 for the Army is hereby increased
by $10,000,000, of which—
(1) $2,000,000 is for a study of the require-
ments for the incorporation of an electronics soft-
ware upgrade into the M1A2 tank; and
(2) $8,000,000 is for Horizontal Battlefield In-
tegration to expand the demonstration of technology
interfaces needed to verify the compatibility of digi-
tal electronics in various Army Combat Systems.
(b) LIMITATION.—None of the funds described in
subsection (a)(2) or otherwise made available to the De-
HR 2401 RDS
partment of Defense for fiscal year 1994 may be obligated
for Horizontal Battlefield Integration until the Secretary
of the Army submits to the congressional defense commit-
tees a report containing a revised demonstration plan for
that program. The revised plan shall include program
milestones and funding requirements.
(c) REDUCTION IN AMOUNT FOR DEFENSE-WIDE
ACTIVITIES.—The amount provided in section 201 for De-
fense-wide activities is hereby reduced by $10,000,000, to
be derived from amounts for acquisition of foreign equip-
ment for test and analysis purposes.
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. DEMONSTRATION PROGRAM FOR BALLISTIC MIS-
SILE POST-LAUNCH DESTRUCT MECHANISM.
(a) DEMONSTRATION PROGRAM.—The Secretary of
Defense shall conduct a demonstration program to develop
and test a ballistic missile post-launch destruct mecha-
nism. The program shall be carried out through the Ad-
vanced Research Projects Agency.
(b) FUNDING.—The amount expended for the dem-
onstration program may not exceed $15,000,000. Subject
to the provisions of appropriations Acts, the Secretary
may provide $5,000,000 for the program from unexpended
HR 2401 RDS
balances remaining available for obligation from funds ap-
propriated to the Department of Defense for fiscal year
1993.
SEC. 212. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE
PROGRAMS.
(a) AUTHORIZATION.—Of the funds appropriated
pursuant to section 201 for Defense-wide activities,
$288,518,000 shall be available for airborne reconnais-
sance programs.
(b) LIMITATION.—None of the funds referred to in
subsection (a) or funds appropriated for fiscal year 1994
for the Navy for research, development, test, and evalua-
tion may be obligated for Navy EP–3 aircraft modifica-
tions.
SEC. 213. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) LIMITATION.—During each of fiscal year 1994
and fiscal year 1995, the Secretary of Defense may not
obligate funds for expenditure at a federally funded re-
search and development center described in subsection (b)
in excess of 90 percent of the amount obligated by the
Secretary for expenditure at that center during fiscal year
1993.
(b) COVERED ENTITIES.—Subsection (a) applies
with respect to any federally funded research and develop-
HR 2401 RDS
ment center (other than a center that performs applied
scientific research under laboratory conditions) that dur-
ing fiscal years 1991 through 1993 had average annual
expenditures of funds derived from the Department of De-
fense in excess of $25,000,000.
SEC. 214. HIGH PERFORMANCE COMPUTER MODERNIZA-
TION PROGRAM.
Funds made available for fiscal year 1994 for the De-
partment of Defense High Performance Computer (HPC)
Modernization Program for Department of Defense re-
search centers and laboratories may be used only for—
(1) the execution of upgrade options under an
existing contract for installed supercomputer facili-
ties that have not kept technically current; or
(2) the conduct of competitive procurement for
supercomputers that are architecturally stable and
production compatible and that can be successfully
demonstrated using statistically valid samples of the
current workloads of the research centers and lab-
oratories that will be using the supercomputers with-
out substantive reprogramming or program conver-
sion.
HR 2401 RDS
pects of this study, and shall request similar cooperation
from the heads of all other appropriate Federal agencies.
(d) FUNDING.—The sum of $800,000 shall be made
available from the Department’s High Performance Com-
puting and Communications Program to provide funds for
the National Research Council to conduct the study under
subsection (a).
(e) REPORT.—A report on the results of the study
under subsection (a) shall be submitted to the Secretary
of Defense not later than July 1, 1995. The Secretary
shall promptly submit the report of the study to the Com-
mittees on Armed Services of the Senate and House of
Representatives. The report shall be submitted to the com-
mittees in unclassified form with classified annexes as nec-
essary.
SEC. 216. SUPERCONDUCTING MAGNETIC ENERGY STOR-
AGE (SMES) PROGRAM.
(a) PROGRAM OFFICE.—The Secretary of Defense
shall establish within the Department of the Navy a pro-
gram office to facilitate research and design studies lead-
ing to possible construction of Superconducting Magnetic
Energy Storage (SMES) test models.
(b) SCIENCE ADVISORY GROUP.—(1) The Secretary
of Defense shall establish an advisory committee in the
Department of Defense for Superconducting Magnetic En-
HR 2401 RDS
ergy Storage activities. The advisory committee shall be
established as a science advisory group and shall be inde-
pendent of the Department of the Navy.
(2) The membership of the advisory committee shall
include representatives from the President’s Office of
Science and Technology Policy, the Department of De-
fense, the Department of Energy, the Environmental Pro-
tection Agency, the Army Corps of Engineers, and private
industry.
(3) The advisory committee shall conduct a review
every two years of the progress of the Department of De-
fense program for Superconducting Magnetic Energy
Storage development. The advisory committee shall submit
a report on each such review to the Secretary as directed
by the Secretary. Such report shall include the advisory
committee’s recommendations for outyear program op-
tions and funding. The Secretary shall transmit each such
report to Congress.
(4) The advisory committee shall continue in exist-
ence until terminated by law.
(c) FUNDING.—Immediately upon enactment of this
Act, the Secretary of Defense shall transfer from the De-
fense Nuclear Agency to the Department of the Navy any
funds appropriated for fiscal years before fiscal year 1994
that were designated for the Superconducting Magnetic
HR 2401 RDS
Energy Storage Project that remain available for obliga-
tion. Those funds shall be obligated for (1) continued ex-
perimental work (as defined in section 218(b)(4) of the
National Defense Authorization Act of 1993 (Public Law
102–484; 106 Stat. 2353)), (2) operation of the advisory
group, and (3) study of alternative SMES designs.
(d) DEADLINE.—The office referred to in subsection
(a) shall be created and staffed not later than 30 days
after the date of the enactment of this Act.
SEC. 217. SINGLE STAGE ROCKET TECHNOLOGY.
(a) PROGRAM FUNDING.—The Secretary of Defense
shall establish a Single Stage Rocket Technology program
and shall provide funds for that program within funds
available for the Advanced Research Projects Agency.
That program shall be managed within the Office of the
Under Secretary of Defense for Acquisition.
(b) FUNDING.—Of the amount appropriated pursu-
ant 
to 
section 
201 
for 
Defense-wide 
activities,
$79,880,000 shall be available for, and may be obligated
only for, Single Stage Rocket Technology.
SEC. 218. ADVANCED ANTI-RADIATION GUIDED MISSILE.
Of the funds appropriated for research, development,
test, and evaluation for the Department of the Navy for
fiscal year 1993 that remain available for obligation for
Air Systems Advanced Technology Development pro-
HR 2401 RDS
grams, $10,077,000 shall be obligated and expended only
for testing, design, and fabrication of a dual-mode seeker
for the Advanced Anti-Radiation Guided Missile using
technology that is derived from work done with funding
provided through the Small Business Innovative Research
(SBIR) program.
SEC. 219. DP–2 VECTORED THRUST TECHNOLOGY DEM-
ONSTRATION PROJECT.
Of the funds appropriated for research, development,
test, and evaluation for the Defense Agencies for fiscal
year 1993 that remain available for obligation for Tactical
Technology programs within the Advanced Research
Projects Agency, $15,000,000 shall be obligated and ex-
pended only for testing of the DP–2 Vectored Thrust
Technology Demonstration project for Special Operations
Forces (SOF) applications.
SEC. 220. ADVANCED SELF PROTECTION JAMMER (ASPJ)
PROGRAM.
Notwithstanding section 122 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2334), the Secretary of Defense may carry
out material procurement, logistics support, and integra-
tion of existing Advanced Self Protection Jammer systems
from Department of Defense inventory into the F–14D
aircraft for testing and evaluation using funds appro-
HR 2401 RDS
priated to the Department of Defense for fiscal year 1993
and prior years.
SEC. 221. ELECTRONIC COMBAT SYSTEMS TESTING.
(a) DETAILED TEST AND EVALUATION BEFORE INI-
TIAL LOW-RATE PRODUCTION.—The Secretary of De-
fense shall ensure that any electronic combat system and
any command, control, and communications counter-
measure system is authorized to proceed into the low-rate
initial production stage only upon the completion of an
appropriate, rigorous, and structured test and evaluation
regime. Such a regime shall include testing and evaluation
at each of the following types of facilities: computer sim-
ulation and modeling facilities, measurement facilities,
system integration laboratories, simulated threat hard-
ware-in-the-loop test facilities, installed system test facili-
ties, and open air ranges.
(b) TIMELY TEST AND EVALUATION REQUIRED.—
The Secretary shall ensure that test and evaluation of a
system as required by subsection (a) is conducted suffi-
ciently early in the development phase to allow (1) a cor-
rection-of-deficiency plan to be developed and in place for
deficiencies identified by the testing before the system pro-
ceeds into low-rate initial production; and (2) the defi-
ciencies identified by test and evaluation be corrected be-
fore the system leaves low-rate initial production.
HR 2401 RDS
(c) ANNUAL REPORT ON COMPLIANCE.—The Sec-
retary of Defense shall include in the annual Department
of Defense Electronic Warfare Plan report a description
of compliance with this section during the preceding year.
Such a report shall include a description of the test and
evaluation process applied to each system, the results of
that process, and the adequacy of test and evaluation re-
sources to carry out that process.
(d) FUNDS USED FOR TESTING.—The costs of the
testing necessary to carry out this section with respect to
any system shall be paid from funds available for that sys-
tem.
(e) APPLICABILITY.—The provisions of subsections
(a) and (b) shall apply to any electronic combat system
program and any command, control, and communications
countermeasure system program that is initiated after the
date of the enactment of this Act.
SEC. 222. LIMITATION ON DEPARTMENT OF DEFENSE MIS-
SILE LAUNCHES FOR TEST PURPOSES.
(a) LIMITATION.—The Secretary of Defense may not
conduct a launch of a missile as part of a test program
in any case in which an anticipated result of the launch
would be the release of debris in an area over land of the
United States outside a designated Department of De-
fense test range.
HR 2401 RDS
(b) DEFINITION OF DEBRIS.—For purposes of sub-
section (a), the term ‘‘debris’’ does not include particulate
matter that is regulated for considerations of air quality.
SEC. 223. B–1 BOMBER AIRCRAFT PROGRAM.
(a) INTERIM
NEAR
PRECISE
MUNITIONS
AND
TARGETING PROGRAM.—The Secretary of the Air Force
shall initiate a program for the development and produc-
tion of a Global Positioning System-aided relative
targeting (GATS) system and Global Positioning System-
aided munitions (GAM) for 10 B–1 bomber aircraft. It
shall be the goal of the program to achieve an interim near
precise weapons capability on 10 B–1 aircraft by 1996.
(b) DEFENSIVE AVIONICS UPGRADE PROGRAM.—
The Secretary of the Air Force shall continue efforts asso-
ciated with upgrades to the defensive avionics system of
the B–1B aircraft, including studies, analyses, and tests
required for a risk reduction program for a minimum of
three, and up to four, defensive avionics participants.
(c) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated pursuant to section 201 for the
Air Force for fiscal year 1994, $180,543,000 shall be
available for the B–1B aircraft program, of which—
(1) $57,000,000 shall be made available for de-
velopment and integration of a GPS-aided relative
HR 2401 RDS
targeting system and development of GPS-aided mu-
nitions as provided in subsection (a); and
(2) $37,200,000 shall be made available for up-
grades to the B–1 defensive avionics system as pro-
vided in subsection (b).
Subtitle C—Missile Defense
Programs
SEC. 231. FUNDING FOR FISCAL YEAR 1994.
Of the amounts appropriated pursuant to section 201
or otherwise made available to the Department of Defense
for research, development, test, and evaluation for fiscal
year 1994, not more than a total of $2,617,448,000 may
be obligated for ballistic missile defense. None of such
amount is available for the Brilliant Pebbles program.
SEC. 232. REPORT ON ALLOCATION OF FUNDS.
When the President’s budget for fiscal year 1995 is
submitted to Congress pursuant to section 1105 of title
31, United States Code, the Secretary of Defense shall
submit to the congressional defense committees a report—
(1) setting forth the allocation by the Secretary
of funds appropriated for ballistic missile defense for
fiscal year 1994, and the proposed allocation of
funds for ballistic missile defense for fiscal year
1995, shown for Theater Missile Defense, Limited
Defense System, Other Follow-On Systems, Re-
HR 2401 RDS
search and Support, and the Small Business Innova-
tion Research and Small Business Technology
Transfer programs of the Small Business Adminis-
tration, for each program, project, and activity; and
(2) describing an updated master plan for the
Theater Missile Defense Initiative that includes (A)
a detailed consideration of plans for theater and tac-
tical missile defense doctrine, training, tactics, and
force structure, and (B) a detailed acquisition strat-
egy which includes a consideration of acquisition and
life-cycle costs through the year 2006 for the pro-
grams, projects, and activities associated with the
Theater Missile Defense Initiative.
SEC. 233. TRANSFER AUTHORITIES FOR BALLISTIC MISSILE
DEFENSE.
(a) IN GENERAL.—After the submission of the report
required under section 232, the Secretary of Defense may
transfer funds among the ballistic missile defense program
elements named in section 232 of this Act.
(b) LIMITATION.—The total amount that may be
transferred to or from any program element named in sec-
tion 232—
(1) may not exceed 10 percent of the amount
provided in the report for the program element from
which the transfer is made; and
HR 2401 RDS
(2) may not result in an increase of more than
10 percent of the amount provided in the report for
the program element to which the transfer is made.
(c) RESTRICTION.—Transfer authority under sub-
section (a) may not be used for a decrease in funds identi-
fied in section 231(a) for the Theater Missile Defense Ini-
tiative.
(d) MERGER AND AVAILABILITY.—Amounts trans-
ferred pursuant to subsection (a) shall be merged with and
be available for the same purposes as the amounts to
which transferred.
SEC. 234. REVISIONS TO MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II
of Public Law 102–190; 10 U.S.C. 2431 note) is amended
as follows:
(1) Section 232(a) is amended—
(A) in paragraph (1), by striking out
‘‘while deploying’’ and inserting in lieu thereof
‘‘while developing the option to deploy’’; and
(B) in paragraph (3), by inserting ‘‘, as
appropriate,’’ before ‘‘to friends and allies of
the United States’’.
(2) Section 232(b) is amended—
HR 2401 RDS
(A) in paragraphs (1) and (2), by striking
out ‘‘the Soviet Union’’ and inserting in lieu
thereof ‘‘Russia’’; and
(B) in paragraph (2), by striking out
‘‘Treaty, to include the down-loading of mul-
tiple warhead ballistic missiles’’ and inserting in
lieu thereof ‘‘Treaties, to include the down-load-
ing of multiple warhead ballistic missiles, as ap-
propriate’’.
(3) Section 233(b) is amended—
(A) in paragraph (1), by inserting ‘‘in
compliance with the ABM Treaty’’ after ‘‘for
deployment’’;
(B) by striking out paragraph (2) and in-
serting in lieu thereof the following:
‘‘(2) INITIAL
ABM
DEPLOYMENT.—The Sec-
retary shall develop, at an appropriate pace, a cost-
effective, operationally effective, and ABM Treaty-
compliant anti-ballistic missile system for potential
deployment at a single site. The Secretary shall en-
sure that components of such system are themselves
in compliance with the ABM Treaty.’’; and
(C) by striking out paragraph (3).
(4) Subsection (c) of section 233 is amended to
read as follows:
HR 2401 RDS
‘‘(c) PRESIDENTIAL ACTIONS.—Congress urges the
President to pursue immediate discussions with Russia on
the feasibility and mutual interest of amendments to the
ABM Treaty to permit clarification of the distinctions for
the purposes of the ABM Treaty between theater missile
defenses and anti-ballistic missile defenses, including
interceptors and radars.’’.
(5) Section 234 is amended to read as follows:
‘‘SEC. 234. MANAGEMENT RESPONSIBILITY FOR RESEARCH
AND DEVELOPMENT OF FAR-TERM FOLLOW-
ON TECHNOLOGIES.
‘‘(a) MANAGEMENT
RESPONSIBILITY.—The Sec-
retary of Defense shall provide that management and
budget responsibility for research and development of any
far-term follow-on technology relating to ballistic missile
defense shall be provided through the Advanced Research
Projects Agency or the appropriate military department.
‘‘(b) WAIVER
AUTHORITY.—The Secretary may
waive the provisions of subsection (a) in the case of a par-
ticular far-term follow-on technology that on December 5,
1991, was under the Strategic Defense Initiative Organi-
zation and provide that management and budget respon-
sibility for research and development of that technology
shall be provided through the Ballistic Missile Defense Or-
ganization if the Secretary determines, and certifies to the
HR 2401 RDS
congressional defense committees, that providing manage-
ment and budget responsibility for research and develop-
ment of that technology as provided in subsection (a)
would not be in the national security interests of the
United States.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘far-term follow-on technology’ means a technology
that is not likely to be incorporated into a weapon system
before 2008.’’.
(6) Section 235 is amended—
(A) by striking out ‘‘Strategic Defense Ini-
tiative’’ in subsections (a) and (b) and inserting
in lieu thereof ‘‘Ballistic Missile Defense pro-
gram’’; and
(B) by striking out the section heading and
inserting in lieu thereof the following:
‘‘SEC. 235. PROGRAM ELEMENTS FOR BALLISTIC MISSILE
DEFENSE PROGRAM.’’.
(7) Section 236(c) is amended by striking out
‘‘Strategic Defense Initiative Organization’’ and in-
serting in lieu thereof ‘‘Ballistic Missile Defense Or-
ganization’’.
(8) Section 238 is amended—
(A) by striking out ‘‘As deployment’’ and
inserting in lieu thereof ‘‘As time for a decision
HR 2401 RDS
concerning exercising the option for deploy-
ment’’; and
(B) by striking out ‘‘to the deployment
date’’.
SEC. 235. PATRIOT ADVANCED CAPABILITY–3 THEATER
MISSILE DEFENSE SYSTEM.
(a) COMPETITION FOR MISSILE SELECTION.—The
Secretary of Defense shall continue the strategy being car-
ried out by the Ballistic Missile Defense Organization as
of July 1, 1993, for selection of the best technology (in
terms of cost, schedule, risk, and performance) to meet
the missile requirements for the Patriot Advanced Capa-
bility–3 (PAC–3) theater missile defense system. That
strategy, consisting of flight testing, ground testing, sim-
ulations, and other analyses of the two competing missiles
(the Patriot Multimode Missile and the Extended Range
Interceptor (ERINT) missile), shall be continued until the
Secretary determines that the Ballistic Missile Defense
Organization has adequate information upon which to
base a decision as to which missile will be selected to pro-
ceed into the Engineering and Manufacturing Develop-
ment stage.
(b) FUNDS
FOR DEMONSTRATION
AND VALIDA-
TION.—Of the funds authorized to be appropriated by sec-
tion 201 for the Ballistic Missile Defense Organization—
HR 2401 RDS
(1) not less than $44,100,000 shall be available
for demonstration and validation purposes for the
Patriot Multimode Missile program;
(2) not less than $55,900,000 shall be available
for demonstration and validation purposes for the
Extended Range Interceptor program; and
(3) not less than $52,700,000 shall be available
for demonstration and validation and for the Engi-
neering and Manufacturing Development stage for
the system selected and for appropriate risk mitiga-
tion activities.
(c) IMPLICATIONS OF DELAY.—If there is a delay
(based upon the schedule in effect in mid-1993) in the
selection described in subsection (a) of the missile for the
Patriot Advanced Capability–3 system, the Secretary of
Defense shall ensure that demonstration and validation of
both competing systems can continue as needed to support
an informed decision for such selection.
SEC. 236. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC
MISSILE SYSTEMS OR COMPONENTS TO BE
CARRIED OUT IN ACCORDANCE WITH TRADI-
TIONAL INTERPRETATION OF ANTI-BALLIS-
TIC MISSILE TREATY.
(a) LIMITATION.—Funds appropriated to the Depart-
ment of Defense for fiscal year 1994, or otherwise made
HR 2401 RDS
available to the Department of Defense from any funds
appropriated for fiscal year 1994 or for any fiscal year
before 1994, may not be obligated or expended—
(1) for any development or testing of anti-bal-
listic missile systems or components except for devel-
opment and testing consistent with the interpreta-
tion of the 1972 ABM Treaty set forth in the enclo-
sure to the July 13, 1993, ACDA letter; or
(2) for the acquisition of any material or equip-
ment (including any long lead materials, compo-
nents, piece parts, test equipment, or any modified
space launch vehicle) required or to be used for the
development or testing of anti-ballistic missile sys-
tems or components, except for material or equip-
ment required for development or testing consistent
with the interpretation of the 1972 ABM Treaty set
forth in the enclosure to the July 13, 1993, ACDA
letter.
(b) EXCEPTION.—The limitation under subsection
(a) shall not apply to funds transferred to or for the use
of the Ballistic Missile Defense Organization for fiscal
year 1994 if the transfer is made in accordance with sec-
tion 1001 of this Act.
(c) DEFINITION.—In this section, the term ‘‘July 13,
1993, ACDA letter’’ means the letter dated July 13, 1993,
HR 2401 RDS
from the Acting Director of the Arms Control and Disar-
mament Agency to the chairman of the Committee on For-
eign Relations of the Senate relating to the correct inter-
pretation of the 1972 ABM Treaty and accompanied by
an enclosure setting forth such interpretation.
SEC. 237. THEATER MISSILE DEFENSE ROAD MAP.
(a) INTEGRATION AND COMPATIBILITY.—In carrying
out the Theater Missile Defense Initiative, the Secretary
of Defense shall—
(1) seek to maximize the use of existing sys-
tems and technologies; and
(2) seek to promote joint use by the military
departments of existing and future ballistic missile
defense equipment (rather than each military de-
partment developing its own systems that would
largely overlap in their capabilities).
The Secretaries of the military departments shall seek the
maximum integration and compatibility of their ballistic
missile defense systems as well as of the respective roles
and missions of those systems.
(b) TMD ANALYSIS.—The Secretary of Defense shall
submit to Congress a report containing a thorough and
complete analysis of the future of theater missile defense
programs. The analysis shall include the following:
HR 2401 RDS
(1) A description of the mission and scope of
Theater Missile Defense.
(2) A description of the role of each of the
Armed Forces in Theater Missile Defense.
(3) A description of how those roles interact
and complement each other.
(4) An evaluation of the cost and relative effec-
tiveness of each interceptor and sensor under devel-
opment as part of a Theater Missile Defense system
by the Ballistic Missile Defense Organization.
(5) An analysis and comparison of the projected
life-cycle costs of each Theater Missile Defense sys-
tem intended for production (shown separately for
research, development, test, and evaluation, for pro-
curement, for operation and maintenance, and for
personnel costs for each element).
(6) Specification of the baseline production rate
for each year of the program through completion of
procurement.
(7) Estimation of the unit cost and capabilities
of each element.
(c) DESCRIPTION OF TESTING PROGRAM.—The Sec-
retary of Defense shall include in the report under sub-
section (b) a description of the current and projected test-
ing program for theater missile defense systems and major
HR 2401 RDS
components. The report shall include an evaluation of the
adequacy of the testing program to simulate conditions
similar to those the systems and components would actu-
ally be expected to encounter if and when deployed (such
as the ability to track and engage multiple targets with
multiple interceptors, to discriminate targets from decoys
and other incoming objects, and to be employed in a shoot-
look-shoot firing mode).
(d) RELATIONSHIP TO ARMS CONTROL TREATIES.—
The Secretary shall include in the report under subsection
(b) a statement of how production and deployment of any
projected Theater Missile Program will conform to exist-
ing Anti-Ballistic Missile Treaty and Intermediate Nuclear
Forces Treaty Regimes. The report shall describe any po-
tential noncompliance with either Regime, when such non-
compliance is expected to occur, and whether provisions
need to be renegotiated within that Regime to address fu-
ture contingencies.
(e) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted as part of the next
annual report of the Secretary submitted to Congress
under section 224 of Public Law 101–189 (10 U.S.C.
2431 note).
HR 2401 RDS
SEC. 238. ADDITIONAL BMD PROGRAMS.
(a) NAVAL THEATER MISSILE DEFENSE.—Of the
amount provided under section 201 for Theater Missile
Defense, $102,000,000 shall be available to support the
aggressive exploration of the Navy Upper Tier concept for
Naval Theater Missile Defense, including cost-effective
systems and upgrades to existing systems that can be
fielded more quickly than new systems.
(b) ACCELERATED ADVANCED TECHNOLOGY DEM-
ONSTRATION PROGRAM.—The Secretary of Defense, act-
ing through the Director of the Theater Missile Defense
Initiative, shall initiate during fiscal year 1994 an acceler-
ated Advanced Technology Demonstration program to
demonstrate the technical feasibility of using the Navy’s
Standard Missile combined with a kickstage rocket motor
and Lightweight Exoatmospheric Projectile (LEAP) as a
near-term option for cost-effective wide-area Theater Mis-
sile Defense.
SEC. 239. REPORT ON NATIONAL MISSILE DEFENSE COST.
(a) REPORT REQUIRED.—The Secretary of Defense
shall submit to Congress a report setting forth a full and
thorough estimation of the cost of deploying a National
Defense System at Grand Forks, North Dakota. The Sec-
retary shall include in the report—
(1) the projected life-cycle costs of each system
intended for production as part of such National De-
HR 2401 RDS
fense System, including a ground-based radar sys-
tem, the system known as ‘‘Brilliant Eyes’’, and a
ground-based interceptor system; and
(2) with respect to each such system, a separate
statement of those costs for (A) research, develop-
ment, test, and evaluation, (B) procurement, (C) de-
ployment and launch activities, (D) operation and
maintenance, and (E) personnel.
(b) SUBMISSION.—The report required under sub-
section (a) shall be submitted as part of the next annual
report of the Secretary submitted to Congress under sec-
tion 224 of Public Law 101–189 (10 U.S.C. 2431 note).
SEC. 240. THEATER MISSILE DEFENSE INTERCEPTOR TEST-
ING.
The Secretary of Defense may not approve a theater
missile defense interceptor program proceeding into the
Low-Rate Initial Production (Milestone III) acquisition
stage until the Secretary certifies to the congressional de-
fense committees in writing that the Secretary has con-
ducted more than two realistic live-fire tests, consistent
with section 2366 of title 10, United States Code, involv-
ing multiple interceptors and multiple targets in the pres-
ence of realistic countermeasures the results of which dem-
onstrate the achievement by the interceptors of the single-
shot probability-of-kill specified in the system baseline de-
HR 2401 RDS
scription established pursuant to section 2435(a)(1)(A) of
title 10, United States Code, before the program entered
full-scale engineering development.
SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) ENDORSEMENT
OF COOPERATIVE RESEARCH
AND DEVELOPMENT.—Congress reiterates its endorse-
ment (previously stated in section 225(a)(5) of Public Law
101–510 (104 Stat. 1515) and section 241(a) of Public
Law 102–190 (105 Stat. 1326)) of a continuing program
of cooperative research and development, jointly funded by
the United States and Israel, on the Arrow Tactical Anti-
Missile program.
(b) PROGRAM GOAL.—The goal of the cooperative
program is to demonstrate the feasibility and practicality
of the Arrow system and to permit the government of Is-
rael to make a decision on its own initiative regarding de-
ployment of that system without financial participation by
the United States beyond the research and development
stage.
(c) ARROW CONTINUING EXPERIMENTS.—The Sec-
retary of Defense, from amounts appropriated to the De-
partment of Defense pursuant to section 201 for Defense-
wide activities and available for the Ballistic Missile De-
fense Organization, shall fully fund the United States con-
HR 2401 RDS
tribution to the fiscal year 1994 Arrow Continuing Experi-
ments program at the level of $56,400,000.
(d) ARROW DEPLOYABILITY INITIATIVE.—(1) Sub-
ject to paragraph (2), the Secretary of Defense may obli-
gate from funds appropriated pursuant to section 201 up
to $25,000,000 for the purpose of research and develop-
ment of technologies associated with deploying the Arrow
missile in the future (including technologies associated
with battle management, lethality, system integration, and
test bed systems).
(2) Funds may not be obligated for the purpose stat-
ed in paragraph (1) unless the President certifies to Con-
gress that—
(A) the United States and the government of
Israel have entered into an agreement governing the
conduct and funding of research and development
projects for the purpose stated in paragraph (1);
(B) each project in which the United States will
join under that agreement (i) will have a benefit for
the United States, and (ii) has not been barred by
other congressional direction;
(C) the Arrow missile has successfully com-
pleted a flight test in which it intercepted a target
missile under realistic test conditions; and
HR 2401 RDS
(D) the government of Israel is continuing, in
accordance with its previous public commitments, to
adhere to export controls pursuant to the Guidelines
and Annex of the Missile Technology Control Re-
gime.
(e) SENSE OF CONGRESS ON EXPEDITING TEST PRO-
GRAM.—It is the sense of Congress that, in order to expe-
dite the test program for the Arrow missile, the United
States should seek to initiate with the government of Is-
rael discussions on the agreement referred to in subsection
(d)(2)(A) without waiting for the condition specified in
subsection (d)(2)(C) to be met first.
SEC. 242. EXTENSION OF PROHIBITION ON TESTING MID-IN-
FRARED 
ADVANCED 
CHEMICAL 
LASER
AGAINST AN OBJECT IN SPACE.
The Secretary of Defense may not carry out a test
of the Mid-Infrared Advanced Chemical Laser (MIRACL)
transmitter and associated optics against an object in
space during 1994 unless such testing is specifically au-
thorized by law.
HR 2401 RDS
resents an important opportunity for transfer of Depart-
ment of Defense technology for civilian purposes and
should be supported.
(b) CONGRESSIONAL VIEWS.—The Congress urges
the Secretary of Defense—
(1) to consider funding for the Clementine pro-
gram to be a priority within the Ballistic Missile De-
fense Organization Follow-on programs program ele-
ment and to provide funds for that program at ap-
propriate levels; and
(2) to identify an appropriate management
structure within either the Advanced Research
Projects Agency or one of the military departments
to which the Clementine program and related pro-
grams of general applicability to civilian, commer-
cial, and military space programs might be trans-
ferred.
SEC. 245. TACTICAL AND THEATER MISSILE DEFENSES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Systems to provide effective defense against
theater and tactical ballistic missiles that may be de-
veloped and deployed by the United States have the
potential to make equal or greater contributions to
the national security interests of nations that are al-
HR 2401 RDS
lies of the United States as they do to the national
security interests of the United States.
(2) The cost of developing and deploying a
broad spectrum of such systems will be several tens
of billions of dollars.
(3) A truly cooperative approach to the develop-
ment and deployment of such systems could substan-
tially reduce the financial burden of such an under-
taking to any one country and would tap additional
sources of technological expertise.
(4) While recent statements of nations that are
allies of the United States have expressed a desire
for greater involvement in United States tactical
missile defense efforts, those nations are unlikely to
support programs for theater missile defense devel-
opment and deployment unless, at a minimum, they
can play a meaningful role in the planning and exe-
cution of such programs, including active participa-
tion in research and development and production of
the systems involved.
(5) Given the high cost of developing theater
ballistic missile defense systems, allied participation
in tactical missile defense efforts would result in
substantial savings to the United States.
HR 2401 RDS
(b) PLAN AND REPORTS.—(1) The Secretary of De-
fense shall develop a plan to coordinate development and
implementation of Theater Missile Defense programs of
the United States with that of its allies, in order to avoid
duplication of effort, to increase interoperability, and to
reduce costs. The plan shall set forth in detail any finan-
cial, in-kind, or other form of participation in cooperative
efforts to plan, develop, produce, and deploy theater ballis-
tic missile defenses for the mutual benefit of the countries
involved.
(2) The Secretary shall submit to Congress a report
on the plan developed under paragraph (1). The report
shall be submitted in both classified and unclassified ver-
sions, as appropriate, and may be submitted as a compo-
nent of the next annual Ballistic Missile Defense Organi-
zation report to Congress.
(3) The Secretary shall include in each annual Ballis-
tic Missile Defense Organization report to Congress a re-
port on steps taken to implement the plan developed under
paragraph (1). Each such report shall set forth the status
of discussions with United States allies for the purposes
stated in that paragraph and the status of contributions
by those allies to the Theater Missile Defense Cooperation
Account, shown separately for each allied country covered
by the plan.
HR 2401 RDS
(c) RESTRICTION ON FUNDS.—Of the total amount
appropriated pursuant to authorizations in this Act for
theater ballistic missile defenses programs, not more than
80 percent may be obligated until—
(1) the report under subsection (b)(2) is sub-
mitted to Congress; and
(2) the President certifies in writing to Con-
gress that each of the NATO allies, Japan, Israel,
South Korea, and any other country that the Presi-
dent considers appropriate have been formally con-
tacted concerning the matters described in the re-
port.
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that, whenever the United States deploys theater
ballistic missile defenses to protect another country, or the
military forces of another country, that has not provided
financial or in-kind support for development of theater
ballistic missile defenses, the United States should con-
sider whether it is appropriate to seek reimbursement
from that country to cover at least the incremental cost
of such deployment.
(e) REQUIREMENT TO ESTABLISH ANNUAL TMD
LEVEL.—The Congress shall establish by law for each fis-
cal year (beginning with fiscal year 1995) the level of new
obligational authority (stated as a single dollar amount)
HR 2401 RDS
for research, development, test, and evaluation and for
procurement for theater missile defense programs of the
Department of Defense for that fiscal year.
(f) ALLIED PARTICIPATION IN TMD.—Congress en-
courages greater participation by United States allies, and
particularly by those nations that would benefit most from
Theater Missile Defense systems, in cooperative Theater
Missile Defense efforts with the United States.
(g) FUND FOR ALLIED CONTRIBUTIONS.—(1) Chap-
ter 155 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 2609. Theater Missile Defense: acceptance of con-
tributions from allies; Theater Missile De-
fense Cooperation Account
‘‘(a) ACCEPTANCE AUTHORITY.—The Secretary of
Defense may accept from any allied foreign government
or any international organization any contribution of
money made by such foreign government or international
organization for use by the Department of Defense for
Theater Missile Defense programs.
‘‘(b) ESTABLISHMENT OF THEATER MISSILE DE-
FENSE COOPERATION ACCOUNT.—(1) There is established
in the Treasury a special account to be known as the ‘The-
ater Missile Defense Cooperation Account’.
HR 2401 RDS
‘‘(2) Contributions accepted by the Secretary of De-
fense under subsection (a) shall be credited to the Ac-
count.
‘‘(c) USE OF THE ACCOUNT.—(1) Funds in the Ac-
count are hereby made available for obligation for re-
search, development, test, and evaluation, and for procure-
ment, for Theater Missile Defense programs of the De-
partment of Defense.
‘‘(d) INVESTMENT OF MONEY.—(1) Upon request by
the Secretary of Defense, the Secretary of the Treasury
may invest money in the Account in securities of the Unit-
ed States or in securities guaranteed as to principal and
interest by the United States.
‘‘(2) Any interest or other income that accrues from
investment in securities referred to in paragraph (1) shall
be deposited to the credit of the Account.
‘‘(e) NOTIFICATION OF CONDITIONS.—The Secretary
of Defense shall notify Congress of any condition imposed
by the donor on the use of any contribution accepted by
the Secretary under the authority of this section.
‘‘(f) ANNUAL AUDIT
BY GAO.—The Comptroller
General of the United States shall conduct an annual
audit of money accepted by the Secretary of Defense
under this section and shall submit a copy of the results
of each such audit to Congress.
HR 2401 RDS
‘‘(g) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2609. Theater Missile Defense: acceptance of contributions from allies; Thea-
ter Missile Defense Cooperation Account.’’.
Subtitle D—Women’s Health
Research
SEC. 251. DEFENSE WOMEN’S HEALTH RESEARCH CENTER.
(a) ESTABLISHMENT OF CENTER.—(1) Chapter 139
of title 10, United States Code, is amended by inserting
after section 2358 the following new section:
‘‘§ 2359. Defense Women’s Health Research Center
‘‘(a) ESTABLISHMENT OF THE CENTER.—The Sec-
retary of Defense shall establish a Defense Women’s
Health Research Center (hereinafter in this section re-
ferred to as the ‘Center’) in the Department of the Army.
The Center shall be under the authority of the Army
Health Services Command.
‘‘(b) PURPOSES.—(1) The Center shall be the coordi-
nating agent for multidisciplinary and multiinstitutional
research within the Department of Defense on women’s
health issues related to service in the armed forces. The
Center shall be dedicated to development and application
of new knowledge, procedures, techniques, training, and
HR 2401 RDS
equipment for the improvement of the health of women
in the armed forces.
‘‘(2) In carrying out or sponsoring research studies,
the Center shall provide that the cohort of women in the
armed forces shall be considered as control groups.
‘‘(3) The Center shall support the goals and objec-
tives recognized by the Department of Defense under the
plan of the Department of Health and Human Services
designated as ‘Healthy People 2000’.
‘‘(4) The Center shall support initiation and expan-
sion of research into matters relating to women’s health
in the military, including the following matters as they re-
late to women in the military:
‘‘(A) Combat stress and trauma.
‘‘(B) Exposure to toxins and other environ-
mental hazards associated with military hardware.
‘‘(C) Psychology related stresses in warfare sit-
uations.
‘‘(D) Breast cancer.
‘‘(E) Reproductive health, including pregnancy.
‘‘(F) Gynecological cancers.
‘‘(G) Infertility and sexually transmitted dis-
eases.
‘‘(H) HIV and AIDS.
HR 2401 RDS
‘‘(I) Mental health, including post-traumatic
stress disorder and depression.
‘‘(J) Menopause, osteoporosis, Alzheimer’s dis-
ease, and other conditions and diseases related to
aging.
‘‘(K) Substance abuse.
‘‘(L) Sexual violence and related trauma.
‘‘(M) Human factor studies related to women in
combat.
‘‘(c) REQUIREMENTS RELATING TO ESTABLISHMENT
OF CENTER.—The Center may be established only at a
facility of the Army in existence on July 1, 1993, having
the following characteristics:
‘‘(1) A physical plant immediately available to
serve as headquarters for the medical activities to be
carried out by the Center.
‘‘(2) Ongoing fellowship and residency pro-
grams colocated with ongoing collaborative health-re-
lated and interdisciplinary research of (A) a facility
of the Department of Veterans Affairs, (B) an ac-
credited university with specialties in medical re-
search and clinical diagnostics, and (C) a hospital
owned and operated by a municipality.
‘‘(3) A technologically modern laboratory capa-
bility at the site and at the affiliated sites referred
HR 2401 RDS
to in paragraph (2), with the capability to include
state-of-the-art clinical diagnostic instrumentation,
data processing, telecommunication, and data stor-
age systems.
‘‘(4) Compatibility with and capability to effec-
tively expand its existing mission in accordance with
the mission of the Center under this section.
‘‘(5) Maximum multi-State geographic jurisdic-
tion to permit regional health-related issues to be re-
searched and integrated into national military
databases.
‘‘(6) An existing relationship for the provision
of services to Native Americans through the Indian
Health Service.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2358 the following new item:
‘‘2359. Defense Women’s Health Research Center.’’.
(b) IMPLEMENTATION PLAN.—The Secretary of De-
fense, acting through the Secretary of the Army and in
coordination with the other military departments, shall
prepare a plan for the implementation of section 2359 of
title 10, United States Code, as added by subsection (a).
The plan shall be submitted to the Committees on Armed
Services of the Senate and House of Representatives be-
fore May 1, 1994.
HR 2401 RDS
(c) ACTIVITIES FOR FISCAL YEAR 1994.—During fis-
cal year 1994, the Center established under section 2359
of title 10, United States Code, as added by subsection
(a), shall address the following:
(1) Program planning, infrastructure develop-
ment, baseline information gathering, technology in-
fusion, and connectivity.
(2) Management and technical staffing.
(3) Data base development of health issues re-
lated to service on active duty as compared to serv-
ice in the National Guard or Reserves.
(4) Research protocols, cohort development,
health surveillance and epidemiologic studies.
(d) FUNDING.—Of the funds authorized to be appro-
priated in section 201, $40,000,000 shall be available only
for the establishment of the Center and to complete the
planning, staffing, and infrastructure development leading
to full operation of the Center by 1995.
SEC. 252. CONTINUATION OF ARMY BREAST CANCER RE-
SEARCH PROGRAM.
During fiscal year 1994, the Secretary of the Army
shall continue the breast cancer research program estab-
lished in the second and third provisos in the paragraph
in title IV of the Department of Defense Appropriations
Act, 1993 (Public Law 102–396; 106 Stat. 1890) under
HR 2401 RDS
the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, ARMY’’.
SEC. 253. INCLUSION OF WOMEN AND MINORITIES IN CLIN-
ICAL RESEARCH PROJECTS.
(a) GENERAL RULE.—In conducting or supporting
clinical research, the Secretary of Defense shall ensure
that—
(1) women who are members of the Armed
Forces are included as subjects in each project of
such research; and
(2) members of minority groups who are mem-
bers of the Armed Forces are included as subjects
of such research.
(b) WAIVER AUTHORITY.—The requirement in sub-
section (a) regarding women and members of minority
groups who are members of the Armed Forces may be
waived by the Secretary of Defense with respect to a
project of clinical research if the Secretary determines that
the inclusion, as subjects in the project, of women and
members of minority groups, respectively—
(1) is inappropriate with respect to the health
of the subjects;
(2) is inappropriate with respect to the purpose
of the research; or
HR 2401 RDS
(3) is inappropriate under such other cir-
cumstances as the Secretary of Defense may des-
ignate.
(c) REQUIREMENT FOR ANALYSIS OF RESEARCH.—
In the case of a project of clinical research in which women
or members of minority groups will under subsection (a)
be included as subjects of the research, the Secretary of
Defense shall ensure that the project is designed and car-
ried out so as to provide for a valid analysis of whether
the variables being tested in the research affect women
or members of minority groups, as the case may be, dif-
ferently than other persons who are subjects of the re-
search.
SEC. 254. REPORT ON RESEARCH RELATING TO FEMALE
MEMBERS OF THE UNIFORMED SERVICES
AND FEMALE COVERED BENEFICIARIES.
Not later than July 1 of each of 1995, 1996, and
1997, the Secretary of Defense shall submit to Congress
a report containing—
(1) a description (as of May 31 of the year in
which the report is submitted) of the status of any
health research that is being carried out by or under
the jurisdiction of the Secretary relating to female
members of the uniformed services and female cov-
HR 2401 RDS
ered beneficiaries under chapter 55 of title 10, Unit-
ed States Code; and
(2) recommendations of the Secretary as to fu-
ture health research (including a proposal for any
legislation relating to such research) relating to such
female members and covered beneficiaries.
Subtitle E—Other Matters
SEC. 261. REPEAL OF REQUIREMENT FOR STUDY BY OF-
FICE OF TECHNOLOGY ASSESSMENT.
Section 802(c) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1414; 10 U.S.C. 2372 note) is repealed.
SEC. 262. COMPREHENSIVE INDEPENDENT STUDY OF NA-
TIONAL CRYPTOGRAPHY POLICY.
(a) STUDY BY NATIONAL RESEARCH COUNCIL.—Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall request the National
Research Council of the National Academy of Sciences to
conduct a comprehensive study of cryptographic tech-
nologies and national cryptography policy. The study shall
assess the effect of cryptographic technologies on national
security interests of the United States Government, on
commercial interests of United States industry, and on
privacy interests of United States citizens.
HR 2401 RDS
(b) INTERAGENCY COOPERATION WITH STUDY.—
The Secretary of Defense shall direct the National Secu-
rity Agency, the Advanced Research Projects Agency, and
other appropriate agencies of the Department of Defense
to cooperate fully with the National Research Council in
its activities in carrying out the study under this section.
The Secretary shall request all other appropriate Federal
departments and agencies to provide similar cooperation
to the National Research Council.
(c) FUNDING.—Of the amount authorized to be ap-
propriated in section 201 for Defense-wide activities,
$800,000 shall be available for the study under this sec-
tion.
(d) REPORT.—The National Research Council shall
complete the study and submit to the Secretary of Defense
a report on the study within approximately two years after
full processing of security clearances under subsection (e).
The report on the study shall set forth the Council’s find-
ings and conclusions and the recommendations of the
Council for improvements in cryptography policy and pro-
cedures. The Secretary shall submit the report to the
Committees on Armed Services of the Senate and House
of Representatives in unclassified form, with classified an-
nexes as necessary, not later than 120 days after the day
on which the report is submitted to the Secretary.
HR 2401 RDS
(e) EXPEDITED PROCESSING OF SECURITY CLEAR-
ANCES FOR STUDY.—For the purpose of facilitating the
commencement of the study under this section, the Sec-
retary of Defense shall expedite to the fullest degree pos-
sible the processing of security clearances that are nec-
essary for the National Research Council to conduct the
study.
SEC. 263. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH
AND DEVELOPMENT CATEGORIES.
(a) REVIEW REQUIRED.—The Secretary of Defense
shall carry out a review of the general content of the re-
search and development categories of the Department of
Defense designated as 6.3, 6.4, 6.5, and 6.6, including a
review of the criteria for assigning programs to those cat-
egories. The review shall examine the assignment of cur-
rent programs to those categories for the purpose of en-
suring that those programs are correctly categorized and
assigned program element numbers in accordance with ex-
isting Department of Defense policy.
(b) RESPONSIBLE OFFICIAL.—The Secretary of De-
fense shall designate an official within the Office of the
Secretary of Defense to be responsible for monitoring and
periodically reviewing program elements for proper cat-
egorization to the categories specified in subsection (a).
100
HR 2401 RDS
(c) REPORT.—The Secretary shall include with the
budget materials for fiscal year 1995 submitted to Con-
gress by the Secretary in support of the President’s budg-
et for that year a report on the implementation of this
section. The report (1) shall include a certification (or an
explanation of why the Secretary cannot certify) that cur-
rent research and development programs are correctly cat-
egorized as described in subsection (a), and (2) shall speci-
fy the official designated under subsection (b).
SEC. 264. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT
RESPONSIBILITY FOR NAVY MINE COUNTER-
MEASURES PROGRAM.
Section 216 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1317) is amended by striking out ‘‘during
fiscal years 1994 through 1997’’ in subsection (a) and in-
serting in lieu thereof ‘‘during fiscal years 1995 through
1997’’.
SEC. 265. STRATEGIC ENVIRONMENTAL RESEARCH AND DE-
VELOPMENT PROGRAM.
(a) COMPOSITION OF COUNCIL.—Section 2902(b) of
title 10, United States Code, is amended—
(1) by striking out ‘‘thirteen members’’ and in-
serting in lieu thereof ‘‘fourteen members’’;
101
HR 2401 RDS
(2) in paragraph (1), by striking out ‘‘Assistant
Secretary of Defense responsible for matters relating
to production and logistics’’ and inserting in lieu
thereof ‘‘Deputy Under Secretary of Defense for En-
vironmental Security’’;
(3) by redesignating paragraphs (9) and (10)
as paragraphs (10) and (11), respectively; and
(4) by inserting after paragraph (8) the follow-
ing new paragraph (9):
‘‘(9) The Administrator of the National Oceanic
and Atmospheric Administration.’’.
(b) JOINT PROJECTS.—Section 2902(e)(6) of such
title is amended by striking out ‘‘and the Administrator
of the Environmental Protection Agency,’’ and inserting
‘‘the Administrator of the Environmental Protection
Agency, and the Administrator of the National Oceanic
and Atmospheric Administration,’’.
SEC. 266. AUTHORIZED USE FOR FACILITY CONSTRUCTED
WITH PRIOR DEFENSE GRANT FUNDS.
The plasma are facilities constructed using funds pro-
vided under grants made to the South Carolina Research
Authority from amounts appropriated in the Department
of Defense Appropriations Act, 1988 (Public Law 100–
463), and the Department of Defense Appropriations Act,
102
HR 2401 RDS
1991 (Public Law 101–511), may be equipped and oper-
ated as prototype materials processing facilities.
SEC. 267. GRANT TO SUPPORT ESTABLISHMENT OF RE-
SEARCH FACILITY TO STUDY LOW-LEVEL
CHEMICAL SENSITIVITIES.
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall make a grant in the amount of $1,200,000 to
a medical research institution selected through established
acquisition procedures for the purpose of constructing and
equipping a specialized environmental medical facility at
that institution with the purpose of studying the possible
health effects of exposure to low levels of volatile organic
chemicals and other substances and the individual suscep-
tibility of humans to such exposure under environmentally
controlled conditions, especially among persons who served
on active duty in the Southwest Asia theater of operation
during the Persian Gulf War.
(b) FUNDING SOURCE.—Funds for the grant under
subsection (a) shall be made from amounts appropriated
to the Department of Defense for fiscal year 1994 for re-
search, development, test, and evaluation.
(c) SELECTION CRITERIA.—To be eligible to be se-
lected for a grant under subsection (a), an institution—
103
HR 2401 RDS
(1) must be affiliated with an accredited hos-
pital and be affiliated with, and in close proximity
to, a Department of Defense medical center and a
Department of Veterans Affairs medical center;
(2) must enter into an agreement with the Sec-
retary of Defense to ensure that research personnel
of those affiliated medical facilities and other rel-
evant Federal personnel may have access to the fa-
cility to carry out research;
(3) must have demonstrated potential or ability
to ensure the participation of scientific personnel
with expertise in research on possible chemical sen-
sitivities to low-level exposure to volatile organic
chemicals and other substances; and
(4) must have immediate access to sophisticated
physiological imaging (including functional brain im-
aging) and other innovative research technology that
could better define the possible health effects of low-
level exposure to volatile organic chemicals and other
substances and lead to new therapies.
SEC. 268. LYME DISEASE PROGRAM.
(a) PROGRAM.—The Secretary of Defense shall carry
out a program relating to Lyme disease. The program
shall be carried out through the Environmental Hygiene
Agency of the Department of the Army. The Secretary
104
HR 2401 RDS
shall provide that information relating to prevention, de-
tection, or treatment of Lyme disease that is developed
under the program and that may be applicable to the gen-
eral public shall be provided to the Secretary of Health
and Human Services for dissemination to appropriate pub-
lic health authorities through the Public Health Service.
(b) FUNDING.—From funds made available to the
Army for fiscal year 1994 for research, development, test,
and evaluation pursuant to section 201, the sum of
$1,000,000 shall be available for the program under sub-
section (a), of which $500,000 shall be for one-time start-
up costs for equipment, facilities, and software develop-
ment and $500,000 shall be for fiscal year 1994 labor and
operating expenses.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance in amounts as follows:
(1) For the Army, $16,462,610,000.
105
HR 2401 RDS
(2) For the Navy, $20,102,493,000.
(3) For the Marine Corps, $1,990,139,000.
(4) For the Air Force, $19,788,648,000.
(5) 
For 
Defense-wide 
activities,
$9,069,428,000.
(6) 
For 
Medical 
Programs, 
Defense,
$9,106,685,000.
(7) For the Army Reserve, $1,095,590,000.
(8) For the Naval Reserve, $775,800,000.
(9) 
For 
the 
Marine 
Corps 
Reserve,
$75,050,000.
(10) 
For 
the 
Air 
Force 
Reserve,
$1,354,578,000.
(11) 
For 
the 
Army 
National 
Guard,
$2,223,255,000.
(12) 
For 
the 
Air 
National 
Guard,
$2,665,233,000.
(13) For the National Board for the Promotion
of Rifle Practice, $2,483,000.
(14) For the Defense Inspector General,
$169,001,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $1,109,439,000.
(16) For the Court of Military Appeals,
$5,610,000.
106
HR 2401 RDS
(17) For Environmental Restoration, Defense,
$2,309,400,000.
(18) For Chemical Agents and Munitions De-
struction, Defense-wide, $308,161,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 1994 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$1,091,095,000.
(2) For the National Defense Sealift Fund,
$290,800,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 1994 from the Armed Forces Retirement Home
Trust Fund the sum of $61,890,000 for operation of the
Armed Forces Retirement Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE FUND.
(a) AUTHORITY
TO
TRANSFER
FUNDS.—From
amounts in the National Defense Stockpile Transaction
Fund that the Secretary of Defense determines are not
needed to meet current and estimated future obligations
107
HR 2401 RDS
under the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98a et seq.), as described in the annual
materials plan submitted on May 28, 1993, for the five-
year period beginning October 1, 1993, the Secretary of
Defense may, to the extent provided in appropriations
Acts, transfer not more than $500,000,000 from the Fund
to appropriations for operation and maintenance for fiscal
year 1994 to be used only for the purpose of reducing the
backlog of maintenance and repair (BMAR).
(b) AVAILABILITY.—Amounts transferred pursuant
to subsection (a) shall be available for obligation until ex-
pended and shall be in addition to any other funds avail-
able for the purpose described in such subsection.
(c) TREATMENT
OF TRANSFER.—Amounts trans-
ferred pursuant to this section shall not increase the
amount authorized to be appropriated in section 301 for
the account to which the amount is transferred.
Subtitle B—Limitations
SEC. 311. NOTIFICATION REQUIREMENT PRIOR TO TRANS-
FER OF CERTAIN FUNDS.
The Secretary of Defense may not transfer funds ap-
propriated to operation and maintenance accounts of the
Department of Defense for air operations, ship operations,
land forces, and combat operations, unless, before the
108
HR 2401 RDS
transfer, the Secretary notifies the Congress of the trans-
fer and the reasons for the transfer.
SEC. 312. EXTENSION OF LIMITATION ON THE USE OF CER-
TAIN FUNDS FOR PENTAGON RESERVATION.
Section 311(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2364) is amended by striking out ‘‘fiscal year 1993’’ in
paragraphs (1) and (3) and inserting in lieu thereof ‘‘fiscal
years 1993 and 1994’’.
SEC. 313. PROHIBITION ON OPERATION OF THE NAVAL AIR
STATION, BERMUDA.
(a) PROHIBITION.—No funds available to the Depart-
ment of Defense for operation and maintenance may be
used to operate the Naval Air Station, Bermuda.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect 90 days after the date of the enactment of this Act.
SEC. 314. LIMITATION ON THE USE OF APPROPRIATED
FUNDS FOR DEPARTMENT OF DEFENSE GOLF
COURSES.
(a) IN GENERAL.—(1) Subchapter I of chapter 134
of title 10, United States Code, is amended by adding at
the end the following new section:
110
HR 2401 RDS
(2) by inserting before subsection (c), as redes-
ignated by paragraph (1), the following new sub-
sections:
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), the Secretary of Defense may not enter into
a contract for the performance of a commercial activity
in any case in which the contract results from a cost com-
parison study conducted by the Department of Defense
under Office of Management and Budget Circular A–76
(or any successor administrative regulation or policy).
‘‘(b) EXCEPTIONS FOR CERTAIN CONTRACTS.—Sub-
section (a) does not apply to—
‘‘(1) a contract to be carried out at a location
outside the United States at which members of the
armed forces would have to be used for the perform-
ance of an activity described in subsection (a) at the
expense of unit readiness; or
‘‘(2) a contract (or the renewal of a contract)
for the performance of an activity under contract on
September 30, 1992.’’; and
(3) in subsection (d)(1), as redesignated by
paragraph (1), by striking out ‘‘Each officer’’ and
inserting in lieu thereof ‘‘In any case in which a
comparison referred to in subsection (c) is con-
ducted, the officer’’.
111
HR 2401 RDS
(b) CONFORMING AMENDMENTS.—(1) The heading
of such section is amended to read as follows:
‘‘§ 2467. Prohibition on the use of certain cost com-
parison studies’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 146 of such title is
amended to read as follows:
‘‘2467. Prohibition on the use of certain cost comparison studies.’’.
(c) REPEAL.—Section 312 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2365) is repealed.
(d) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on September
30, 1993.
SEC. 316. LOCATION OF CERTAIN PREPOSITIONING FACILI-
TIES.
(a) SITE FOR ARMY PREPOSITIONING MAINTENANCE
FACILITY.—The Secretary of the Army shall establish the
Army Prepositioning Maintenance Facility at Charleston,
South Carolina.
(b) LIMITATION.—During the two-year period begin-
ning on the date of the enactment of this Act, the Sec-
retary of Defense shall ensure that separate but com-
plementary prepositioning facilities are maintained in
Charleston, South Carolina, and Blount Island, Florida,
for the Army and Marine Corps, respectively.
112
HR 2401 RDS
(c) REPORT BEFORE SUBSEQUENT RELOCATION.—
After the end of such two-year period, any decision by the
Secretary 
of 
the 
Navy 
to 
relocate 
the 
Marine
Prepositioning Forces (MPF) from Blount Island, Jack-
sonville, Florida, may be made only after the Secretary
of Defense has submitted to the Committees on Armed
Services of the Senate and House of Representatives a de-
tailed cost and operational analysis explaining the basis
of the decision for such relocation.
SEC. 317. USE OF FUNDS FOR NAVY DEPOT BACKLOG.
Of the funds authorized to be appropriated under sec-
tion 301(2) for operation and maintenance for the Navy,
$200,000,000 (representing the amount by which the
amount of such funds exceeds the amount specified in the
budget of the President for operation and maintenance for
the Navy for fiscal year 1994) may be used only to de-
crease the backlog of depot-level maintenance and repair.
SEC. 318. LIMITATION ON USE OF FUNDS FOR TRIDENT
SUBMARINE FORCE.
Amounts authorized to be appropriated under section
301(2) that are made available for operation and support
of the trident submarine force may not exceed an amount
that equals the difference between—
(1) the amount in the budget submitted by the
President for fiscal year 1994 (pursuant to section
113
HR 2401 RDS
1105 of title 31, United States Code) for operation
and support of the trident submarine force; and
(2) $100,000,000.
SEC. 319. LIMITATION ON OBLIGATION OF FUNDS IN CON-
NECTION WITH UPGRADES OR REPAIRS AT
THE ARMY RESERVE FACILITY IN MARCUS
HOOK, PENNSYLVANIA.
(a) LIMITATION ON OBLIGATION OF FUNDS.—Except
as provided in subsection (b), none of the funds appro-
priated for fiscal year 1994 pursuant to an authorization
of appropriations contained in this Act may be obligated
or expended to plan or carry out any upgrade, repair, or
other construction at the Army Reserve Facility in Marcus
Hook, Pennsylvania (in this section referred to as the
‘‘Marcus Hook facility’’), until after the end of the 30 day-
period beginning on the date the Secretary of the Army
submits to the congressional defense committees the re-
port required by subsection (c).
(b) EXCEPTION.—Subsection (a) shall not prohibit
obligations or expenditures of funds in connection with
construction at the Marcus Hook facility if the Secretary
certifies to the congressional defense committees in ad-
vance that the construction is limited to emergency repairs
necessary to continue operations of water craft support at
the Marcus Hook facility.
114
HR 2401 RDS
(c) REPORT REQUIRED.—The Secretary shall pre-
pare a report evaluating the suitability of alternative sites
within a 100 mile radius of the Marcus Hook facility to
replace the facility. The report shall contain, at a mini-
mum, a detailed accounting of—
(1) required pier and building space and avail-
able building and pier space at each alternative site;
(2) the costs required to operate comparable
spaces at each alternative site;
(3) other users at each alternative site and
their space requirements; and
(4) the assets and liabilities at each alternative
site.
SEC. 320. PROHIBITION ON CONTRACTS WITH THE BAH-
RAIN SHIP REPAIRING AND ENGINEERING
COMPANY FOR SHIP REPAIR.
(a) PROHIBITION.—Notwithstanding section 7299a
of title 10, United States Code, the Secretary of Defense
may not enter into a contract with the Bahrain Ship Re-
pairing and Engineering Company for the overhaul, re-
pair, or maintenance of naval vessels until the Secretary
certifies to the Committees on Armed Services of the Sen-
ate and House of Representatives that at least one of the
following conditions exists:
115
HR 2401 RDS
(1) The work was unplanned and is of an emer-
gency nature.
(2) There is a compelling national security rea-
son for the work to be done by the Bahrain Ship Re-
pairing and Engineering Company.
(3) The Bahrain Ship Repairing and Engineer-
ing Company initiates legal proceedings, or other
proceedings, to compensate the members of the
Navy killed as a result of the explosion in the engine
room of the U.S.S. Iwo Jima that occurred after the
repair of the U.S.S. Iwo Jima by that company.
(b) APPLICABILITY.—Subsection (a) applies with re-
spect to contracts for the overhaul, repair, or maintenance
of a naval vessel entered into after the date of enactment
of this Act.
SEC. 321. LIMITATION ON CHARTERING OF VESSELS ON
WHICH REFLAGGING OR CONVERSION WORK
HAS BEEN PERFORMED IN A FOREIGN SHIP-
YARD.
Section 2631 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Only vessels’’;
and
(2) by adding at the end the following new sub-
section:
116
HR 2401 RDS
‘‘(b)(1) The Secretary of Defense may enter into a
time-charter contract for the use of a vessel for the trans-
portation of supplies, in the case of a vessel on which
reflagging or repair work was performed during the two-
year period preceding the date of the award of the pro-
posed charter, only if such work was performed at a ship-
yard in the United States (including any territory of the
United States).
‘‘(2) In paragraph (1), the term ‘reflagging or repair
work’ means work performed on a vessel—
‘‘(A) to enable the vessel to meet applicable
standards to become a vessel of the United States;
or
‘‘(B) to convert the vessel to a more useful mili-
tary configuration.’’.
SEC. 322. ONE-YEAR PROHIBITION ON REDUCTION OF
FORCE STRUCTURE FOR RESERVE COMPO-
NENT SPECIAL OPERATIONS FORCES.
(a) PROHIBITION.—During fiscal year 1994, the Sec-
retary of Defense may not reduce the force structure of
the special operations forces of the reserve components
below the force structure of those forces as of September
30, 1993.
(b) DEFINITION.—In this section, the term ‘‘force
structure’’ means the number and types of units and orga-
117
HR 2401 RDS
nizations, and the number of authorized personnel spaces
allocated to those units and organizations, in a military
force.
SEC. 323. PROHIBITION ON JOINT USE OF SELFRIDGE AIR
NATIONAL GUARD BASE, MICHIGAN, WITH
CIVIL AVIATION.
The Secretary of the Air Force may not enter into
any agreement that would provide for or permit civil air-
craft to regularly use Selfridge Air National Guard Base
in Harrison Township, Michigan.
SEC. 324. LIMITATION ON USE OF GOVERNMENT FACILI-
TIES FOR CERTAIN MASTER SHIP REPAIR
AGREEMENTS.
(a) LIMITATION.—The only non-Federal Government
entity who may include the use of facilities owned, oper-
ated, or under the jurisdiction of the Department of De-
fense in a bid or solicitation for ship repair activities with
the Department of Defense is an entity referred to in sub-
section (b).
(b) COVERED ENTITIES.—An entity referred to in
subsection (a) is a person who, on or after the date of
the enactment of this Act, holds a master ship repair
agreement with the Department of Defense in the relevant
homeport area.
118
HR 2401 RDS
Subtitle C—Defense-Wide Funds
SEC. 331. PROHIBITION ON USE OF DEFENSE BUSINESS OP-
ERATIONS FUND.
The Secretary of Defense shall not, after April 15,
1994, manage the performance of any function, activity,
fund, or account of the Department of Defense through
the Defense Business Operations Fund established by sec-
tion 316 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102–190; 105
Stat. 1338)). After April 15, 1994, any management
through a defense-wide fund of functions, activities, funds,
and accounts that were managed through the Defense
Business Operations Fund may be only as provided in sec-
tion 333.
SEC. 332. CLASSIFICATION OF CERTAIN COMPETITIVE AND
NONCOMPETITIVE ACTIVITIES OF THE DE-
PARTMENT OF DEFENSE; NONCOMPETITIVE
RATES BOARD.
(a) CLASSIFICATION ACCORDING TO COMPETITIVE-
NESS.—Not later than April 15, 1994, the Secretary of
Defense shall classify each function, fund, activity, and ac-
count that is managed by the Secretary under a single,
defense-wide fund (including the Defense Business Oper-
ations Fund established in section 316 of the National De-
fense Authorization Act for Fiscal Years 1992 and 1993
119
HR 2401 RDS
(Public Law 102–190; 105 Stat. 1338)) according to
whether or not the function, fund, activity, or account is
suitable for provision and purchase by the Department of
Defense in a competitive market. The Secretary of De-
fense shall revise a classification under this subsection
whenever the Secretary considers it to be appropriate.
(b) PRICING AND PERFORMANCE OF COMPETITIVE
ACTIVITIES.—The Secretary of Defense shall take any ac-
tion necessary to provide for competitive pricing and active
competition among suppliers for the operation of each
function, fund, activity, or account classified as suitable
for competition under subsection (a).
(c) RATES FOR NONCOMPETITIVE ACTIVITIES.—The
Secretary of Defense shall establish rates and prices, and
standards for the rates and prices, for each function, fund,
activity, or account classified as not suitable for competi-
tion under subsection (a).
(d) NONCOMPETITIVE RATES BOARD.—(1) The Sec-
retary of Defense shall appoint a Noncompetitive Rates
Board (in this section referred to as the ‘‘Board’’) to regu-
larly review the rates, prices, and standards established
under subsection (c).
(2) The Board shall be composed of 3 individuals,
at least one of whom shall have experience in the private-
sector performance of functions, funds, activities, and ac-
120
HR 2401 RDS
counts classified as not suitable for competition under sub-
section (a).
(3)(A) Each member of the Board shall be paid at
a rate equal to the daily equivalent of the minimum annual
rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which
the member is engaged in the actual performance of the
duties of the Board.
(B) Each member of the Board shall receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(4) The Secretary of Defense shall provide the Board
with the information and the administrative, professional,
and technical support required by the Board to carry out
its duties under this section.
(5) The Board shall annually submit to the congres-
sional defense committees, at the same time as the report
required to be submitted under section 333(i), the results
of reviews conducted under paragraph (1) and the rec-
ommendations of the Board for any legislative and admin-
istrative action the Board considers to be appropriate.
121
HR 2401 RDS
SEC. 333. COMPETITIVE AND REGULATED BUSINESS OPER-
ATIONS FUNDS.
(a) AUTHORITY
TO
BORROW
FROM
GENERAL
FUND.—To the extent provided in appropriations Acts,
the Secretary of Defense may borrow from the General
Fund of the Treasury such sums as may be necessary to
purchase the assets of the Defense Business Operations
Fund (in this section referred to as the ‘‘DBOF’’) and
to provide for the management of functions, funds, activi-
ties, and accounts referred to in subsection (b).
(b) PURCHASE OF DBOF ASSETS.—With amounts
borrowed under subsection (a), the Secretary of Defense
shall purchase from the DBOF at fair market value—
(1) all assets of each function, fund, activity, or
account managed through the DBOF and classified
under section 332 as suitable to competition; and
(2) all assets of each function, fund, activity, or
account managed through the DBOF and classified
under section 332 as not suitable to competition.
(c) PAYMENT OF DBOF PURCHASE AMOUNTS TO
THE GENERAL FUND.—Amounts received by the DBOF
from the sale of DBOF assets under subsection (b) shall
be deposited in the General Fund of the Treasury.
(d) ESTABLISHMENT OF CBOF AND RBOF.—(1)
There are established in the Treasury of the United States
the following revolving funds:
122
HR 2401 RDS
(A) The ‘‘Competitive Business Operations
Fund’’ (in this section referred to as the ‘‘CBOF’’).
(B) The ‘‘Regulated Business Operations
Fund’’ (in this section referred to as the ‘‘RBOF’’).
(2) The Secretary of Defense may manage the per-
formance of any function, fund, activity, or account re-
ferred to in subsection (b)(1) through the CBOF. The as-
sets of each such fund, function, activity, or account pur-
chased from the DBOF under such subsection shall be
transferred to and accounted for in the CBOF.
(3) The Secretary of Defense may manage the per-
formance of any function, fund, activity, or account re-
ferred to in subsection (b)(2) through the RBOF. The as-
sets of each such function, fund, activity, or account pur-
chased from the DBOF under such subsection shall be
transferred to and accounted for in the RBOF.
(e) REPAYMENT TO THE GENERAL FUND.—The Sec-
retary of Defense shall repay, out of the CBOF, the
amount of any sums borrowed under subsection (a) and
used to purchase assets for the CBOF. The Secretary of
Defense shall repay, out of the RBOF, the amount of any
sums borrowed under subsection (a) and used to purchase
assets for the RBOF. Interest on the amount borrowed
shall be paid quarterly and shall equal the average quar-
terly rate of interest for funds borrowed by the Treasury.
123
HR 2401 RDS
The amount of the repayment and interest shall be depos-
ited in the General Fund of the Treasury.
(f) TREATMENT OF NET GAINS AND LOSSES.—(1)
The amount of any net gain from the operation of a func-
tion, fund, activity, or account managed through the
CBOF or the RBOF shall be deposited in the General
Fund of the Treasury.
(2) There are authorized to be appropriated to the
CBOF or the RBOF, as the case may be, such sums as
may be necessary to make up a net loss from the perform-
ance of a function, fund, activity, or account managed
through the CBOF or the RBOF, as the case may be.
(g) SEPARATE ACCOUNTING, REPORTING, AND AU-
DITING.—For purposes of reporting and auditing, the Sec-
retary of Defense shall maintain the separate identity and
separate records (including separate records on net gains
and losses) for each function, fund, activity, or account
managed through the CBOF and the RBOF.
(h) INCLUSION OF OTHER FUNCTIONS IN CBOF AND
RBOF.—The Secretary shall notify the Congress of any
proposal by the Secretary to manage through the CBOF
or the RBOF any function, fund, activity, or account that
is in addition to the functions, fund, activities, and ac-
counts referred to in subsection (b).
124
HR 2401 RDS
(i) REPORT.—The Secretary of Defense shall submit
to the congressional defense committees, at the same time
the Secretary submits the report required under section
113 of title 10, United States Code, a report on the man-
agement of functions, funds, activities, and accounts
under the CBOF and the RBOF. The report shall
include—
(1) an identification of each function, fund, ac-
tivity, and account that is classified as suitable for
competition under section 332 and managed through
the CBOF;
(2) an identification of each function, fund, ac-
tivity, and account that is classified as not suitable
for competition under section 332 and managed
through the RBOF; and
(3) detailed information on the financial per-
formance and condition of each function, fund, activ-
ity, and account identified under paragraphs (1) and
(2), including information on net gains and losses.
(j) EFFECTIVE DATE.—This section shall take effect
on October 1, 1994.
125
HR 2401 RDS
SEC. 334. EXTENSION OF LIMITATION ON OBLIGATION
AGAINST DEFENSE BUSINESS OPERATIONS
FUND.
Section 343(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2377) is amended by striking out ‘‘fiscal year 1993’’ both
places it appears and inserting in lieu thereof ‘‘a fiscal
year’’.
Subtitle D—Depot-Level Activities
SEC. 341. DEPARTMENT OF DEFENSE DEPOT TASK FORCE.
(a) ESTABLISHMENT.—The Secretary of Defense
shall appoint a task force to assess the overall perform-
ance and management of depot-level activities of the De-
partment of Defense. The assessment shall include—
(1) an identification of the functions and activi-
ties that are suitable for performance by depot-level
activities of the Department of Defense;
(2) an identification of the functions and activi-
ties that are suitable for performance by non-Gov-
ernment personnel;
(3) an evaluation of the manner and level of
performance of such work; and
(4) an evaluation of how rates, prices, and the
core workload requirements are determined for work
performed by the depot-level activities.
126
HR 2401 RDS
(b) MEMBERSHIP.—The task force shall be composed
of individuals who are representatives of the Department
of Defense and the private sector and who have expertise
in the management and performance of depot-level activi-
ties.
(c) PAY AND TRAVEL EXPENSES.—(1) Each member
of the task force shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay pay-
able for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (includ-
ing travel time) during which the member is engaged in
the actual performance of the duties of the task force.
(2) Each member of the task force shall receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(d) ADMINISTRATIVE SUPPORT.—The Secretary of
Defense shall provide the task force with the administra-
tive, professional, and technical support required by the
task force to carry out its duties under this section.
(e) REPORT.—Not later than April 1, 1994, the task
force shall submit to the congressional defense committees
the results of the assessment conducted under subsection
(a) and the recommendations of the task for any legisla-
128
HR 2401 RDS
SEC. 343. CONTINUATION OF CERTAIN PERCENTAGE LIMI-
TATIONS ON THE PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE.
The Secretary of Defense shall ensure that the per-
centage limitations on the performance of depot-level
maintenance of material set forth in section 2466 of title
10, United States Code, are adhered to. The Secretary of
Defense may not enter into a contract for the performance
exclusively by non-Federal Government personnel of any
depot-level maintenance that is not required to be per-
formed by employees of the Department of Defense under
such section unless, prior to selecting the entity to perform
the depot-level maintenance—
(1) the Secretary uses competitive procedures
for the selection; and
(2) where appropriate, depot-level activities of
the Department of Defense are eligible to compete
for the depot-level maintenance.
SEC. 344. PROHIBITION ON PERFORMANCE OF CERTAIN
DEPOT-LEVEL WORK BY FOREIGN CONTRAC-
TORS.
(a) IN GENERAL.—(1) Chapter 146 of title 10, Unit-
ed States Code, as amended by section 342, is amended
by adding at the end the following new section:
129
HR 2401 RDS
‘‘§ 2471. Prohibition on performance of certain depot-
level work by foreign contractors
‘‘(a) PROHIBITION.—The Secretary of Defense may
not contract for the performance by a person or organiza-
tion described in subsection (b) of any depot-level mainte-
nance work that, in the determination of the Secretary,
could be performed in the United States on a cost-effective
basis and without significant adverse effect on the readi-
ness of the armed forces.
‘‘(b) COVERED PERSONS AND ORGANIZATIONS.—A
person or organization referred to in subsection (a) is a
person or organization—
‘‘(1) which does not perform substantially all of
its activities as part of the ‘national technology and
industrial base’, as such term is defined in para-
graph (1) of section 2491; and
‘‘(2) which is not a citizen or permanent resi-
dent of a country referred to in such paragraph, or,
if applicable, the majority of which is owned or con-
trolled by citizens or permanent residents of any
such country.’’.
(2) The table of sections at the beginning of such
chapter, as amended by section 342, is amended by adding
at the end the following new item:
‘‘2471. Prohibition on performance of certain depot-level work by foreign con-
tractors.’’.
130
HR 2401 RDS
(b) EFFECTIVE DATE.—Section 2471 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to contracts entered into after the expi-
ration of the 90-day period beginning on the date of the
enactment of this Act.
SEC. 345. MODIFICATION OF LIMITATION ON THE PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE
OF MATERIEL.
(a) MODIFICATION
OF
LIMITATION.—Subsection
(a)(1) of section 2466 of title 10, United States Code, is
amended by striking out ‘‘for the military department or
the Defense Agency’’ and inserting in lieu thereof ‘‘with
respect to each type of materiel or equipment, including
ships, aircraft, ordinance, supply, and land forces, for the
military department and the Defense Agency’’.
(b) REPORT.—Subsection (e) of such section is
amended to read as follows:
‘‘(e) REPORT.—Not later than January 15, 1995, the
Secretary of each military department and, with respect
to the Defense Agencies, the Secretary of Defense shall
jointly submit to the Congress a report describing the
progress during the preceding fiscal year to achieve and
maintain the percentage of depot-level maintenance re-
quired to be performed by employees of the Department
of Defense pursuant to subsection (a).’’.
131
HR 2401 RDS
SEC. 346. CLARIFICATION OF LIMITATION ON THE PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE
OF MATERIEL FOR NEW WEAPON SYSTEMS.
(a) CLARIFICATION OF LIMITATION.—Subsection (a)
of section 2466 of title 10, United States Code, is amend-
ed by adding at the end the following new paragraph:
‘‘(3) The Secretary concerned shall, within 5 years
after the initial delivery of a weapon system to the Depart-
ment of Defense, provide for the performance by employ-
ees of the Department of Defense of not less than 60 per-
cent of the depot-level maintenance of the weapon sys-
tem.’’.
(b) CONFORMING AMENDMENT.—Paragraph (1) of
such subsection, as amended by section 345(a), is further
amended by striking out ‘‘paragraph (2)’’ and inserting
in lieu thereof ‘‘paragraphs (2) and (3)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to a weapon system
delivered after the date of the enactment of this Act.
SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE
UNITED STATES.
(a) DESCRIPTION OF THE CLAIMS INVOLVED.—This
section applies with respect to any claim of the United
States against an individual which relates to a bonus or
other payment awarded to such individual under a produc-
tivity gainsharing program based on work performed by
132
HR 2401 RDS
such individual as an employee of the Naval Aviation
Depot, Norfolk, Virginia, after September 30, 1988, and
before October 1, 1992.
(b) WAIVER AUTHORITY AVAILABLE WITHOUT RE-
GARD TO THE AMOUNT INVOLVED.—Notwithstanding the
limitation set forth in section 2774(a)(2)(A) of title 10,
United States Code, any waiver authority under section
2774(a)(2) of such title may be exercised, with respect to
any claim described in subsection (a) of this section, with-
out regard to the amount involved.
(c) DEFINITION.—For the purpose of this section,
the term ‘‘productivity gainsharing program’’ means a
productivity gainsharing program established under chap-
ter 45 or section 5407 of title 5, United States Code, or
Executive Order 12637 (31 U.S.C. 501 note).
Subtitle E—Commissaries and
Military Exchanges
SEC. 
351. 
EXPANSION 
AND 
CLARIFICATION 
OF 
COM-
MISSARY AND EXCHANGE BENEFITS.
(a) EXPANSION
OF
FORMER
SPOUSES’ ELIGI-
BILITY.—Section 1062 of title 10, United States Code, is
amended to read as follows:
‘‘§ 1062. Certain former spouses
‘‘(a) ELIGIBILITY.—The Secretary of Defense shall
prescribe such regulations as may be necessary to provide
133
HR 2401 RDS
that a former spouse described in subsection (b) is entitled
to commissary and exchange privileges to the same extent
and on the same basis as the surviving spouse of a retired
member of the uniformed services.
‘‘(b) COVERED FORMER SPOUSES.—Subsection (a)
applies to any person who—
‘‘(1) is an unremarried former spouse of a
member or former member who performed at least
20 years of service which is creditable in determin-
ing the member or former member’s eligibility for
retired or retainer pay; and
‘‘(2) on the date of the final decree of divorce,
dissolution, or annulment had been married to the
member or former member for a period of at least
20 years, at least 12 of which were during the pe-
riod the member or former member performed serv-
ice creditable in determining the member or former
member’s eligibility for retired or retainer pay.’’.
(b) EXPANSION
OF RESERVE MEMBERS’ ELIGI-
BILITY.—(1) Section 1063 of such title is amended—
(A) in subsection (a)(1)—
(i) by inserting ‘‘for such calendar year on
the same basis as members on active duty’’ be-
fore the period in the first sentence; and
(ii) by striking out the second sentence;
134
HR 2401 RDS
(B) by striking out subsection (b); and
(C) by redesignating subsection (c) as sub-
section (b).
(2) The heading of such section is amended to read
as follows:
‘‘§ 1063. Members of the Ready Reserve’’.
(c) EXPANSION
OF
ELIGIBILITY
FOR
PERSONS
QUALIFIED FOR CERTAIN RETIRED PAY BUT UNDER AGE
60.—(1) Section 1064 of such title is amended by striking
out ‘‘for 12 days each calendar year’’ and inserting in lieu
thereof ‘‘on the same basis as a person who is eligible for
such retired pay’’.
(2) The heading of such section is amended to read
as follows:
‘‘§ 1064. Persons qualified for retired pay under chap-
ter 67 but under age 60’’.
(d) EXTENSION OF BENEFITS TO CERTAIN FORMER
ENLISTED MEMBERS.—(1) The Secretary of Defense
shall prescribe regulations to allow a person described in
paragraph (2), and the survivors of such person, to use
commissary and exchange stores of the Department of De-
fense on the same basis as officers retired for disability
under chapter 61 of title 10, United States Code, and the
survivors of such officers, respectively.
135
HR 2401 RDS
(2) Paragraph (1) applies to any person who was dis-
charged with a disability from the Armed Forces on or
before October 1, 1949, and—
(A) who at the time of such discharge was an
enlisted member who had completed less than 20
years of active service; and
(B) who, if such person had been an officer at
the time of such discharge, would have been eligible
for disability retirement under the Career Com-
pensation Act of 1949.
(e) CLARIFICATION OF USE OF CERTAIN FACILITIES
BY CERTAIN PERSONS.—Section 1065(a) of such title is
amended—
(1) in the first sentence, by striking out
‘‘Armed Forces’’ and inserting in lieu thereof
‘‘armed forces’’; and
(2) by striking out the second sentence and in-
serting in lieu thereof the following: ‘‘For a member
of the Selected Reserve, and the dependents of such
member, such use shall be permitted on the same
basis as a member on active duty. For a member
who would be eligible for retired pay under chapter
67 but for the fact that the member is under 60
years of age, and the dependents of such member,
136
HR 2401 RDS
such use shall be on the same basis as a member eli-
gible for such retired pay.’’.
(f) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 54 of such title is amended by
striking out the items relating to sections 1063 and 1064
and inserting in lieu thereof the following items:
‘‘1063. Members of the Ready Reserve.
‘‘1064. Persons qualified for retired pay under chapter 67 but under age 60.’’.
SEC. 352. PROHIBITION ON OPERATION OF COMMISSARY
STORES BY ACTIVE DUTY MEMBERS OF THE
ARMED FORCES.
(a) IN GENERAL.—Chapter 49 of title 10, United
States Code, is amended by inserting after section 976 the
following new section:
‘‘§ 977. Operation of commissary stores: assignment of
active duty members generally prohib-
ited
‘‘(a) GENERAL RULE.—A member of the armed
forces on active duty may not be assigned to the operation
of a commissary store.
‘‘(b) EXCEPTION FOR DCA DIRECTOR.—The Sec-
retary of Defense may assign an officer on the active-duty
list to serve as the Director of the Defense Commissary
Agency.
‘‘(c) EXCEPTION FOR CERTAIN ADDITIONAL MEM-
BERS.—Beginning on October 1, 1996, not more than 18
137
HR 2401 RDS
additional members of the armed forces on active duty
may be assigned to the Defense Commissary Agency. As-
signment of such member to regional headquarters of that
Agency shall be limited to enlisted advisors for those re-
gions responsible for overseas commissaries and to veteri-
nary specialists.
‘‘(d) EXCEPTION FOR CERTAIN NAVY PERSONNEL.—
(1) The Secretary of the Navy may assign to the Defense
Commissary Agency a member of the Navy whose assign-
ment afloat is part of the operation of a ship’s food service
or a ship’s store. Any such assignment shall be on a
nonreimbursable basis.
‘‘(2) The number of such members assigned to the
Defense Commissary Agency during any period before Oc-
tober 1, 1996, may not exceed the number of such mem-
bers so assigned on October 1, 1993. After September 30,
1996, the number of such members so assigned may not
exceed the lesser of (A) the number of members so as-
signed on October 1, 1993, and (B) 400.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 976 the following new
item:
‘‘977. Operation of commissary stores: assignment of active duty members gen-
erally prohibited.’’.
138
HR 2401 RDS
SEC. 353. MODERNIZATION OF AUTOMATED DATA PROC-
ESSING CAPABILITY OF THE DEFENSE COM-
MISSARY AGENCY.
In order to perform inside the Defense Commissary
Agency (in this section referred to as the ‘‘Agency’’) all
automated data processing functions of the Agency as
soon as possible, the Secretary of Defense shall take any
action necessary to expedite the modernization of the auto-
mated data processing capability of the Agency. Such ac-
tion may include the modification of existing contracts
with contractors supplying automated data processing
services to the Agency.
SEC. 354. OPERATION OF STARS AND STRIPES BOOK-
STORES BY THE MILITARY EXCHANGES.
The Secretary of Defense shall prescribe regulations
providing for the operation, not later than April 15, 1994,
of Stars and Stripes bookstores outside of the United
States by the military exchanges.
SEC. 355. AVAILABILITY OF FUNDS FOR NEXCOM RELOCA-
TION EXPENSES.
Of funds authorized to be appropriated under section
301(2), $10,000,000 shall be available to provide for the
payment of expenses incurred by the Navy Exchange Serv-
ice Command to relocate functions and activities from the
Naval Station, Staten Island, to the Naval Base, Norfolk.
139
HR 2401 RDS
Subtitle F—Other Matters
SEC. 361. EMERGENCY AND EXTRAORDINARY EXPENSE AU-
THORITY FOR THE INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.
Section 127 of title 10, United States Code, is
amended—
(1) in subsection (a)—
(A) in the first sentence, by inserting ‘‘,
the Inspector General of the Department of De-
fense,’’ after ‘‘the Secretary of Defense’’;
(B) in the second sentence, by inserting
‘‘or the Inspector General of the Department of
Defense’’ after ‘‘the Secretary concerned’’; and
(C) in the third sentence, by inserting ‘‘or
the Inspector General of the Department of De-
fense’’ after ‘‘The Secretary concerned’’;
(2) in subsection (b), by inserting ‘‘, by the In-
spector General of the Department of Defense to a
person in the Office of the Inspector General,’’ after
‘‘the Department of Defense’’; and
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding after paragraph (1), as so
designated by subparagraph (A), the following
new paragraph:
140
HR 2401 RDS
‘‘(2) The amount of funds expended by the Inspector
General of the Department of Defense under subsections
(a) and (b) during a fiscal year may not exceed
$400,000.’’.
SEC. 362. AUTHORITY FOR CIVILIAN ARMY EMPLOYEES TO
ACT ON REPORTS OF SURVEY.
Section 4835 of title 10, United States Code, is
amended—
(1) in subsection (a), by inserting ‘‘or any civil-
ian employee of the Department of the Army’’ after
‘‘any officer of the Army’’; and
(2) in subsection (b), by striking out ‘‘an officer
of the Army designated by him.’’ and inserting in
lieu thereof ‘‘the Secretary’s designee. The Secretary
may designate officers of the Army or civilian em-
ployees of the Department of the Army to approve
such action.’’.
SEC. 363. EXTENSION OF GUIDELINES FOR REDUCTIONS IN
CIVILIAN POSITIONS.
(a) EXTENSION OF GUIDELINES.—Section 1597 of
title 10, United States Code, is amended—
(1) in subsection (a), by striking out ‘‘during
fiscal year 1993’’ and inserting in lieu thereof ‘‘dur-
ing a fiscal year’’; and
141
HR 2401 RDS
(2) in subsection (b), by striking out ‘‘for fiscal
year 1993’’.
(b) UPDATE OF MASTER PLAN.—Section 1597(c) of
such title is amended—
(1) in paragraph (1), by striking out ‘‘for fiscal
year 1994’’ and inserting in lieu thereof ‘‘for a fiscal
year’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) The Secretary of Defense shall include in the
materials referred in paragraph (1), a report on the imple-
mentation of the master plan for the fiscal year imme-
diately preceding the fiscal year for which such materials
were submitted.’’.
SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES.
Paragraph (1) of section 3401(a) of title 39, United
States Code, is amended—
(1) in the matter before subparagraph (A)—
(A) by inserting ‘‘an individual who is’’ be-
fore ‘‘a member’’; and
(B) by inserting ‘‘or a civilian, otherwise
authorized to use postal services at Armed
Forces installations, who holds a position or
performs one or more functions in support of
military operations, as designated by the mili-
142
HR 2401 RDS
tary theater commander,’’ after ‘‘section 101 of
title 10,’’; and
(2) in subparagraphs (A) and (B) by striking
‘‘the member’’ and inserting ‘‘such individual’’.
SEC. 365. EXTENSION AND MODIFICATION OF PILOT PRO-
GRAM TO USE NATIONAL GUARD PERSONNEL
IN 
MEDICALLY 
UNDERSERVED 
COMMU-
NITIES.
(a) PILOT PROGRAM.—Subsection (a) of section 376
of the National Defense Authorization Act for Fiscal Year
1993 (P.L. 102–484; 106 Stat. 2385) is amended—
(1) by striking out ‘‘Under regulations pre-
scribed by the Secretary of Defense, the’’ and insert-
ing in lieu thereof ‘‘The’’;
(2) by inserting ‘‘, approved by the Secretary of
Defense,’’ after ‘‘enter into an agreement’’; and
(3) by striking out ‘‘fiscal years 1993 and
1994’’ and inserting in lieu thereof ‘‘fiscal years
1993, 1994, and 1995’’.
(b) FUNDING ASSISTANCE.—Subsection (b) of such
section is amended to read as follows:
‘‘(b) FUNDING ASSISTANCE.—Amounts made avail-
able from Department of Defense accounts for operation
and maintenance and for pay and allowances to carry out
the pilot program shall be apportioned by the Chief of the
143
HR 2401 RDS
National Guard Bureau among those States with which
the Chief has entered into approved agreements. In addi-
tion to such amounts, the Chief of the National Guard
Bureau may authorize any such State, in order to carry
out the pilot program during a fiscal year, to use funds
received as part of the operation and maintenance and pay
and allowances allotments for the National Guard of the
State for that fiscal year. The amount of such funds that
may be used to carry out the pilot program during that
fiscal year may not exceed 25 percent of the amount used
for medical training of the National Guard of the State
during the fiscal year immediately before that fiscal
year.’’.
(c) SUPPLIES AND EQUIPMENT.—Such section is fur-
ther amended—
(1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsection (c):
‘‘(c) SUPPLIES AND EQUIPMENT.—(1) Funds made
available from Department of Defense operation and
maintenance accounts to carry out the pilot program may
be used for the purchase of supplies and equipment nec-
essary for the provision of health care under the pilot pro-
gram.
144
HR 2401 RDS
‘‘(2) In addition to supplies and equipment provided
through the use of funds under paragraph (1), supplies
and equipment described in such paragraph that are fur-
nished by a State, a Federal agency, or any other person
may be used to carry out the pilot program.’’.
(d) SERVICE OF PARTICIPANTS.—Subsection (f) of
such section, as redesignated by subsection (c)(1), is
amended to read as follows:
‘‘(f) SERVICE OF PARTICIPANTS.—Service in the pilot
program by a member of the National Guard is training
in the member’s Federal status as a member of the Na-
tional Guard of a State under section 270 of title 10, Unit-
ed States Code, and section 502 of title 32, United States
Code.’’.
(e) REPORT.—Subsection (g) of such section, as re-
designated by subsection (c)(1), is amended by striking
out ‘‘January 1, 1994’’ and inserting in lieu thereof ‘‘Jan-
uary 1, 1995’’.
(f) DEFINITIONS.—Such section is further amended
by adding at the end the following new subsection:
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘health care’ includes medical
and dental care services.
145
HR 2401 RDS
‘‘(2) The term ‘Governor’ means, with respect
to the District of Columbia, the commanding general
of the District of Columbia National Guard.
‘‘(3) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.’’.
SEC. 366. AMENDMENTS TO THE ARMED FORCES RETIRE-
MENT HOME ACT OF 1991.
(a) RELATIONSHIP
TO
DEPARTMENT
OF
DE-
FENSE.—Section 1511 of the Armed Forces Retirement
Home Act of 1991 (title XV of Public Law 101–510; 104
Stat. 1723) is amended—
(1) by redesignating subsection (e) as sub-
section (f); and
(2) by inserting after subsection (d) the follow-
ing new subsection (e):
‘‘(e) DEPARTMENT
OF DEFENSE SUPPORT.—The
Secretary of Defense may make available to the Retire-
ment Home, on a nonreimbursable basis, administrative
support and office services, legal and policy planning as-
sistance, access to investigative facilities of the Inspector
General of the Department of Defense and of the military
departments, and any other support necessary to enable
the Retirement Home to carry out its functions under this
Act.’’.
146
HR 2401 RDS
(b) AUTHORITY
OF RETIREMENT HOME CHAIR-
MAN.—Subsection (d)(1) of section 1515 of such Act (104
Stat. 1727) is amended to read as follows:
‘‘(d) CHAIRMEN.—(1)(A) The Secretary of Defense
shall select one of the members of the Retirement Home
Board to serve as chairman. The term of office of the
chairman shall be five years with eligibility for selection
to serve a second five-year term at the discretion of the
Secretary. The chairman shall act as the chief executive
officer of the Retirement Home, and shall not be respon-
sible to the Secretary of Defense or to the Secretaries of
the military departments for overall direction and manage-
ment of the Retirement Home and each facility main-
tained as a separate facility of the Retirement Home.
‘‘(B) The chairman may appoint, in addition to such
ad hoc committees as the chairman determines to be ap-
propriate, a standing executive committee to act for, and
in the name of, the Retirement Home Board at such times
and on such matters as the chairman considers necessary
to expedite the efficient and timely management of each
facility maintained as a separate facility of the Retirement
Home.
‘‘(C) The chairman may appoint an administrative
staff to assist the chairman in the performance of such
individual’s duties as the chairman of the Retirement
147
HR 2401 RDS
Board and chief executive officer of the Retirement Home.
The chairman shall determine the rate of pay for such
staff, except that a staff member who is a member of the
Armed Forces on active duty or who is a full-time officer
or employee of the United States shall receive no addi-
tional pay by reason of service on the administrative
staff.’’.
(c) HOSPITAL CARE FOR HOME RESIDENTS.—The
second sentence of section 1513(b) of such Act (104 Stat.
1725) is amended to read as follows: ‘‘Secondary and ter-
tiary hospital care for residents that is not available at
a facility maintained as a separate establishment of the
Retirement Home shall, to the extent available, be ob-
tained by agreement with the Secretary of Veterans Af-
fairs or the Secretary of Defense in a facility administered
by such Secretary. The Retirement Home shall not be re-
sponsible for the costs incurred for such care by a resident
of the Retirement Home who uses a private medical facil-
ity for such care.’’.
(d) DISPOSITION OF ESTATES OF DECEASED RESI-
DENTS.—Section 1520(a) of such Act (104 Stat. 1731)
is amended to read as follows:
‘‘(a) EFFECTS OF DECEASED PERSONS.—The Direc-
tor of a facility maintained as a separate establishment
of the Retirement Home shall safeguard and dispose of
148
HR 2401 RDS
the estate and personal effects of deceased residents, in-
cluding effects delivered to the Retirement Home under
subsections 4712(f) and 9712(f) of title 10, United States
Code, and shall ensure the following:
‘‘(1) A will or other instrument of a testa-
mentary nature involving property rights executed
by a resident shall be promptly delivered, upon the
death of the resident, to the proper court of record.
All property left by the deceased resident shall be
held for disposition as directed by the court.
‘‘(2) In the event a resident dies intestate and
the heirs or legal representative of the deceased can-
not be immediately ascertained, the Director shall
retain all property left by the decedent for a three-
year period beginning on the date of the death. If
entitlement to such property is established to the
satisfaction of the Director at any time during the
three-year period, the Director shall distribute the
decedent’s property, in equal pro-rata shares when
multiple beneficiaries have been identified, to the
highest following categories of identified survivors
(listed in the order of precedence indicated):
‘‘(A) The surviving spouse or legal rep-
resentative.
‘‘(B) The children of the deceased.
149
HR 2401 RDS
‘‘(C) The parents of the deceased.
‘‘(D) The siblings of the deceased.
‘‘(E) The next-of-kin of the deceased.’’.
(e) SALE OF EFFECTS.—Subsection (b) of such sec-
tion is amended to read as follows:
‘‘(b) SALE OF EFFECTS.—(1) In the event the dis-
position of the estate of a resident of the Retirement
Home cannot be accomplished under subsection (a)(2), the
entirety of the deceased resident’s domiciliary estate and
the entirety of any ancillary estate that are unclaimed at
the end of the three-year period beginning on the date of
the death of the resident shall escheat to the Retirement
Home. Upon the sale of any such unclaimed estate prop-
erty, the proceeds of the sale shall be deposited in the Re-
tirement Home Trust Fund. In the event a personal rep-
resentative or other fiduciary is appointed to administer
a deceased resident’s unclaimed estate before the end of
such three-year period, the balance of the entire net pro-
ceeds of the estate, less estate expenses, shall be directly
deposited to any local court fund, subject to a claim by
the Comptroller General of the United States. This para-
graph shall apply to the estate of a resident of the Sol-
diers’ and Airmen’s Home or of the Naval Home who dies
after November 29, 1989.
150
HR 2401 RDS
‘‘(2) The Director of a facility maintained as a sepa-
rate establishment of the Retirement Home may designate
an attorney to serve as attorney-general for the facility
in any probate proceeding in which the Retirement Home
may have a legal interest as nominated fiduciary, testa-
mentary legatee, escheat legatee, or in any other capacity.
The attorney-general may, in the domiciliary jurisdiction
of the deceased resident and in any ancillary jurisdictions,
petition for appointment as fiduciary under any resulting
court appointment. In a probate proceeding in which the
heirs of an intestate deceased resident cannot be located,
the attorney-agent shall be appointed as the fiduciary of
the estate of the decedent.
‘‘(3) The designation of a facility of the Retirement
Home as personal representative of the estate of a resident
of the Retirement Home or as a legatee under the will
or codicil of the resident shall not disqualify an employee
or staff member of that facility from serving as an eligible
witness to a will or codicil of the resident.
‘‘(4) After the expiration of the three-year period be-
ginning on the date of the death of a resident of the facil-
ity, the Director of the facility shall dispose of all property
of the deceased resident that is not otherwise disposed of
as provided for in this subsection, including personal ef-
fects such as decorations, medals, and citations to which
151
HR 2401 RDS
a right has not been established under subsection (a). Dis-
posal may be made within the discretion of the Director
by—
‘‘(A) retaining such property or effects for the
facility;
‘‘(B) offering such items to the Secretary of
Veterans Affairs, a State, another military home, a
museum, or any other institution having an interest;
or
‘‘(C) destroying any items the Director con-
cerned considers to be valueless.’’.
SEC. 367. REQUIRED PAYMENT DATE UNDER PROMPT PAY-
MENT ACT FOR PROCUREMENT OF BAKED
GOODS.
In the case of the acquisition of baked goods by the
Department of Defense, the required payment date for
purposes of section 3902 of title 31, United States Code
(relating to interest penalties for failure to pay contractors
by the required payment date), shall be the same as ap-
plies under the regulations prescribed under section
3903(a)(4) of such title in the case of the acquisition of
edible oils or fats by the Department of Defense.
152
HR 2401 RDS
SEC. 368. PROVISION OF FACILITIES AND SERVICES OF THE
DEPARTMENT OF DEFENSE TO CERTAIN EDU-
CATIONAL ENTITIES.
(a) PROVISION
OF FACILITIES
AND SERVICES.—
Chapter 152 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 2553. Facilities and services: certain educational
entities
‘‘(a) USE OF FACILITIES.—The Secretary may per-
mit an entity referred to in subsection (c) to use, on a
reimbursable or nonreimbursable basis, any facility of the
Department of Defense that the Secretary determines will
assist that entity in achieving its educational goals.
‘‘(b) USE OF SERVICES.—The Secretary may make
available to an entity referred to in subsection (c), on a
reimbursable or nonreimbursable basis, the services of any
member of the armed forces or employee of the Depart-
ment of Defense who the Secretary determines will assist
that entity in achieving its education goals.
‘‘(c) COVERED ENTITIES.—The entities referred to in
subsections (a) and (b) are the following:
‘‘(1) The United States Space Camp.
‘‘(2) The United States Space Academy.
‘‘(3) The Aviation Challenge.
‘‘(4) The National Flight Academy.
153
HR 2401 RDS
‘‘(d) OPERATION OF THE NATIONAL FLIGHT ACAD-
EMY.—After the completion of the facilities of the Na-
tional Flight Academy, the Secretary of the Navy may ac-
cept the donation of such facilities from the Naval Avia-
tion Museum Foundation (or a successor entity of the
Foundation). If the donation occurs, the Secretary of the
Navy may, by regulations prescribed under subsection (f),
permit the Naval Aviation Museum Foundation (or any
successor entity) to operate and maintain such facilities.
‘‘(e) NONINTERFERENCE WITH ARMED FORCES OP-
ERATIONS.—The provision of facilities and services under
subsections (a) and (b) may not interfere with the normal
operations and missions of the armed forces.
‘‘(f) REGULATIONS.—The Secretary shall prescribe
regulations to carry out this section, including regulations
establishing reasonable rates for a reimbursement under
subsection (a).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter II of such chapter is
amended by adding at the end the following new item:
‘‘2553. Facilities and services: certain educational entities.’’.
SEC. 369. MODIFICATION OF RESTRICTION ON REPAIR OF
CERTAIN 
VESSELS 
THE 
HOMEPORT 
OF
WHICH IS PLANNED FOR REASSIGNMENT.
Section 7310(b) of title 10, United States Code, as
inserted by section 814(b), is amended to read as follows:
154
HR 2401 RDS
‘‘(b) VESSEL CHANGING HOMEPORTS.—(1) In the
case of a naval vessel the homeport of which is not in the
United States (or a territory of the United States), the
Secretary of the Navy may not during the 15-month pe-
riod preceding the planned reassignment of the vessel to
a homeport in the United States (or a territory of the
United States) begin any work for the overhaul, repair,
or maintenance of the vessel that is scheduled to be for
a period of more than six months.
‘‘(2) In the case of a naval vessel the homeport of
which is in the United States (or a territory of the United
States), the Secretary of the Navy shall during the 15-
month period preceding the planned reassignment of the
vessel to a homeport not in the United States (or a terri-
tory of the United States) perform in the United States
(or a territory of the United States) any work for the over-
haul, repair, or maintenance of the vessel that is scheduled
to be for a period of more than six months.’’.
SEC. 370. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES
WHO DIE WHILE SERVING IN AN ARMED CON-
FLICT WITH THE ARMED FORCES.
(a) IN GENERAL.—Chapter 75 of title 10, United
States Code, is amended by inserting after section 1482
the following new section:
155
HR 2401 RDS
‘‘§ 1482a. Expenses incident to death: civilian employ-
ees serving in a contingency operation
‘‘(a) PAYMENT OF EXPENSES.—The Secretary con-
cerned may pay the following expenses incident to the
death of a civilian employee who dies while serving with
an armed force in a contingency operation:
‘‘(1) Round-trip transportation and prescribed
allowances for one person to escort the remains of
the employee to the place authorized under section
5742(b)(1) of title 5.
‘‘(2) Presentation of a flag of the United States
to the next of kin of the employee.
‘‘(3) Presentation of a flag of equal size to the
flag presented under paragraph (2) to the parents or
parent of the employee, if the person to be presented
a flag under paragraph (2) is other than the parent
of the employee.
‘‘(b) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to implement this section. The Sec-
retary of Transportation shall prescribe regulations to im-
plement this section with regard to civilian employees of
the Department of Transportation. Such regulations shall
be uniform to the extent possible.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘parent’ has the meaning given
such term in section 1482(a)(11) of this title.
156
HR 2401 RDS
‘‘(2) The term ‘Secretary concerned’ includes
the Secretary of Defense with respect to employees
of the Department of Defense who are not employ-
ees of a military department.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 75 of such title is amended
by inserting after the item relating to section 1482 the
following new item:
‘‘1482a. Expenses incident to death: civilian employees serving in a contingency
operation.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to the payment of inci-
dental expenses for civilian employees who die while serv-
ing in a contingency operation that occurs after the date
of the enactment of this Act.
SEC. 371. MAINTENANCE OF PACIFIC BATTLE MONUMENTS.
(a) AUTHORITY.—The Commandant of the Marine
Corps may provide necessary minor maintenance and re-
pairs to the Pacific battle monuments until such time as
the Secretary of the American Battle Monuments Com-
mission and the Commandant of the Marine Corps agree
that the repair and maintenance will be performed by the
American Battle Monuments Commission.
(b) FUNDING.—Of the amounts made available to the
Marine Corps for operation and maintenance in a fiscal
year, not more than $15,000 shall be available to repair
157
HR 2401 RDS
and maintain Pacific battle monuments, except that of the
amounts available to the Marine Corps for operation and
maintenance in fiscal year 1994, $150,000 shall be avail-
able to repair and relocate a monument located on Iwo
Jima commemorating the heroic efforts of American mili-
tary personnel during World War II.
SEC. 372. EXCLUSIVE USE OF AIRCRAFT CARRIER FOR
FULL-TIME TRAINING.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the aviation training requirements of the Navy
can be adequately achieved in a safe and cost-effective
manner only if an aircraft carrier is used exclusively and
on a full-time basis to meet such requirements.
(b) USE OF CARRIER.—The Secretary of the Navy
shall use the U.S.S. Forestall (or another aircraft carrier
designated by the Secretary) exclusively and on a full-time
basis to meet the aviation training requirements of the
Navy.
SEC. 373. REPORT ON CERTAIN EDUCATIONAL ARRANGE-
MENTS FOR CHILDREN RESIDING ON MILI-
TARY 
INSTALLATIONS 
IN 
THE 
UNITED
STATES.
(a) REPORT.—(1) Not later than February 28, 1994,
the Secretary of Defense shall submit to the congressional
committees referred to in paragraph (2) a report on any
158
HR 2401 RDS
educational arrangement referred to in subsection (b) that
is made by the Secretary of Defense for children residing
on military installations in the United States. The report
shall include the following:
(A) The assessment and recommendations of
the Secretary of Defense regarding the justification
of the continuing need for school facilities under any
such educational arrangement.
(B) A comprehensive review of the Department
of Education Impact Aid program to determine
whether the program is meeting its objectives with
regard to militarily impacted school districts. The
review shall address structural as well as funding
concerns.
(C) A review of all militarily-impacted school
districts which are experiencing financial difficulties
to determine whether those districts are experiencing
financial difficulty in whole or in part as a result of
their responsibility for educating military depend-
ents. The study should focus on students under sec-
tion 3(a) of the Act of September 30, 1950 (20
U.S.C. 238) and include, at a minimum, a review of
all militarily-impacted school districts which are on
a State’s financial watch list. The study should spe-
cifically analyze the effect of the financial difficulty
159
HR 2401 RDS
on the students served, including social and edu-
cational impacts.
(D) An analysis of, and recommendations re-
garding, how the Impact Aid program may be struc-
turally improved to better meet the educational
needs of military dependents and the schools that
serve them. The analysis should specifically address
whether the Department of Defense should assume
a larger responsibility for the education of military
dependents.
(2) The congressional committees referred to in para-
graph (1) are the Committees on Armed Services of the
Senate and House of Representatives, the Committee on
Labor and Human Resources of the Senate, and the Com-
mittee on Education and Labor of the House of Rep-
resentatives.
(b) COVERED ARRANGEMENTS.—An educational ar-
rangement referred to in subsection (a) is an arrangement
of the kind that may be made under section 6 of the Act
of September 30, 1950 (20 U.S.C. 241).
SEC. 374. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) DEMONSTRATION PROJECT FOR USE OF PRO-
CEEDS FROM THE SALE OF CERTAIN PROPERTY.—(1)
Section 343(d)(1) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
160
HR 2401 RDS
190; 105 Stat. 1344) is amended by striking out ‘‘termi-
nate at the end of the two-year period beginning on the
date of the enactment of this Act’’ and inserting in lieu
thereof ‘‘terminate on December 5, 1994’’.
(2) Section 343(e) of such Act is amended by striking
out ‘‘60 days after the end of the two-year period de-
scribed in subsection (d)’’ and inserting in lieu thereof
‘‘February 3, 1995’’.
(b) AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUC-
TION AND SERVICES.—Section 1425(e) of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 104 Stat. 1684) is amended by striking
out ‘‘September 30, 1993’’ and inserting in lieu thereof
‘‘September 30, 1994’’.
(c) AUTHORITY OF BASE COMMANDERS OVER CON-
TRACTING
FOR
COMMERCIAL
ACTIVITIES.—Section
2468(f) of title 10, United States Code, is amended by
striking out ‘‘September 30, 1993’’ and inserting in lieu
thereof ‘‘September 30, 1994’’.
SEC. 375. SHIPS’ STORES.
(a) 
CONVERSION
TO
OPERATION
AS
NONAPPROPRIATED
FUND
INSTRUMENTALITIES.—Not
later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall convert the oper-
161
HR 2401 RDS
ation of all ships’ stores from operation as an activity
funded by direct appropriations to operation by the Navy
Exchange Command as an activity funded from sources
other than appropriated funds.
(b) TRANSFER OF FUNDS.—To facilitate the conver-
sion required under subsection (a), the Secretary of the
Navy shall transfer to the Navy Exchange Command
from—
(1) the Navy Stock Fund, an amount equal to
the value of existing ships’ stores assets in that
Fund; and
(2) the Ships’ Stores Profits, Navy Fund, resid-
ual cash in that Fund.
(c) CODIFICATION.—Section 7604 of title 10, United
States Code, is amended—
(A) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Under such regulations’’; and
(B) by adding at the end the following new sub-
sections:
‘‘(b) INCIDENTAL SERVICES.—The Secretary of the
Navy may provide financial services, space, utilities, and
labor to ships’ stores on a nonreimbursable basis.
‘‘(c) ITEMS SOLD.—Merchandise sold by ship stores
afloat shall include items in the following categories:
‘‘(1) Health, beauty, and barber items.
162
HR 2401 RDS
‘‘(2) Prerecorded music and videos.
‘‘(3) Photographic batteries and related sup-
plies.
‘‘(4) Appliances and accessories.
‘‘(5) Uniform items, emblematic and athletic
clothing, and equipment.
‘‘(6) Luggage and leather goods.
‘‘(7) Stationery, magazines, books, and sup-
plies.
‘‘(8) Sundry, games, and souvenirs.
‘‘(9) Beverages and related food and snacks.
‘‘(10) Laundry, tailor, and cleaning supplies.
‘‘(11) Tobacco products.’’.
(d) EFFECTIVE DATE.—Subsections (b) and (c) of
section 7604 of title 10, United States Code, as added by
subsection (c), shall take effect on the date on which the
Secretary of the Navy completes the conversion referred
to in subsection (a).
Subtitle G—Environmental
Provisions
SEC. 381. MODIFICATION OF ANNUAL REPORT ON ENVI-
RONMENTAL 
RESTORATION 
AND 
COMPLI-
ANCE BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Section 2706 of title 10, United
States Code, is amended to read as follows:
163
HR 2401 RDS
‘‘§ 2706. Annual report to Congress
‘‘(a) REPORT.—Each year, at the same time the
President submits to the Congress the budget for a fiscal
year (pursuant to section 1105 of title 31), the Secretary
of Defense shall submit to the Congress a report that de-
scribes the progress made by the Secretary of Defense in
implementing environmental restoration and compliance
activities at military installations.
‘‘(b) CONTENTS OF REPORT.—Each such report shall
include the following:
‘‘(1) With respect to environmental restoration
activities for each military installation, the following:
‘‘(A) A statement of the number of individ-
ual facilities at which a hazardous substance
has been identified.
‘‘(B) The status of response actions con-
templated or undertaken at each such facility.
‘‘(C) The specific cost estimates and budg-
etary proposals involving response actions con-
templated or undertaken at each such facility.
‘‘(D) The amount of funds obligated for
each response action, and the progress made on
implementing the response action, during the
previous fiscal year, with explanations for any
cost variance from such previous year’s esti-
mates of more than 15 percent or $10,000,000
164
HR 2401 RDS
(whichever is greater), or any schedule slippage
of more than 180 days.
‘‘(E) The amount allocated for, and the
progress the Department expects to make in
implementing, each response action during the
current fiscal year.
‘‘(F) The amount requested for each re-
sponse action for the fiscal year for which the
President’s budget is submitted, and the
progress the Secretary expects to make during
that fiscal year in implementing the response
action. If such information is not available at
the time of the submission of the report, the
Secretary shall, to the maximum extent pos-
sible, provide the information in a supplemental
report not later than 30 days after submission
of the report.
‘‘(G) The costs incurred to date for each
response action.
‘‘(H) The estimated cost to complete the
environmental restoration activities, including,
where relevant, the estimated cost in five-year
increments.
‘‘(I) The estimated final date for comple-
tion of the environmental restoration activities,
165
HR 2401 RDS
including, 
where 
relevant, 
the 
estimated
progress, in five-year increments, toward com-
pletion.
‘‘(2) With respect to compliance activities, the
following:
‘‘(A) A statement of the funding levels and
full-time personnel required for the Department
of Defense to comply with applicable environ-
mental laws during the fiscal year for which the
budget is submitted. The statement shall set
forth separately the funding levels and person-
nel required for the Department of Defense as
a whole and for each military installation.
‘‘(B) A statement of the funding levels and
full-time personnel requested for such purposes
in the budget as submitted by the President, to-
gether with an explanation of any differences
between the funding level and personnel re-
quirements and the funding level and personnel
requests in the budget. The statement shall set
forth separately the funding levels and full-time
personnel requested for the Department of De-
fense as a whole and for each military installa-
tion.
166
HR 2401 RDS
‘‘(C) A projection of the funding levels and
full-time personnel that will be required over
the next five fiscal years for the Department of
Defense to comply with applicable environ-
mental laws, set forth separately for the De-
partment of Defense as a whole and for each
military installation.
‘‘(D) An analysis of the effect that compli-
ance with such environmental laws may have on
the operations and mission capabilities of the
Department of Defense as a whole and of each
military installation.
‘‘(E) A statement of the funding levels re-
quested in the budget for carrying out research,
development, testing, and evaluation for envi-
ronmental purposes or environmental activities
of the Department of Defense. The statement
shall set forth separately the funding levels re-
quested for the Department of Defense as a
whole and for each military department and
Defense Agency.
‘‘(F) A description of the number and du-
ties of current full-time personnel, both civilian
and military, who carry out environmental ac-
tivities (including research) for the Department
167
HR 2401 RDS
of Defense, including a description of the orga-
nizational structure of such personnel from the
Secretary of Defense down to the military in-
stallation level.
‘‘(G) A statement of the funding levels and
personnel required for the Department of De-
fense to comply with applicable environmental
requirements for military installations located
outside the United States during the fiscal year
for which the budget is submitted.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘military installation’—
‘‘(A) includes—
‘‘(i) each facility or site owned by,
leased to, or otherwise possessed by the
United States and under the jurisdiction of
the Secretary;
‘‘(ii) each facility or site which was
under the jurisdiction of the Secretary and
owned by, leased to, or otherwise possessed
by the United States at the time of actions
leading to contamination by hazardous
substances; and
‘‘(iii) each facility or site at which the
Secretary is conducting environmental res-
168
HR 2401 RDS
toration activities funded through the De-
fense Environmental Restoration Account
established under section 2703, the De-
partment of Defense Base Closure Account
1990 established under section 2906 of the
Defense Base Closure and Realignment
Act of 1990 (title XXIX of Public Law
101–510; 10 U.S.C. 2687 note), the De-
partment of Defense Base Closure Account
established under section 207 of the De-
fense Authorization Amendments and Base
Closure and Realignment Act (10 U.S.C.
note), a successor account to any such ac-
counts, or any other account established in
connection with the closing or realigning of
a military installation;
‘‘(B) means a base, camp, post, station,
yard, center, or other activity under the juris-
diction of the Department of Defense, including
any leased facility, which is located within any
of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, or Guam; and
169
HR 2401 RDS
‘‘(C) does not include any facility used pri-
marily for civil works, rivers and harbors
projects, or flood control projects.
‘‘(2) The term ‘response’ has the same meaning
given such term in section 101(25) of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601(25)).’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 2706 in the table of sections at the beginning of
chapter 160 of such title is amended to read as follows:
‘‘2706. Annual report to Congress.’’.
SEC. 382. INDEMNIFICATION OF TRANSFEREES OF CLOS-
ING DEFENSE PROPERTY.
Section 330 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2371) is amended—
(1) in subsection (a)(1)—
(A) by striking out ‘‘hazardous substance
or pollutant or contaminant’’ and inserting in
lieu thereof ‘‘hazardous substance, pollutant or
contaminant, or petroleum or its derivatives’’;
and
(B) by inserting ‘‘(including the activities
of any contractor or subcontractor of the De-
partment of Defense other than a response ac-
170
HR 2401 RDS
tion contractor)’’ after ‘‘Department of Defense
activities’’;
(2) in subsection (a)(2), by striking out ‘‘de-
scribed in this paragraph’’ and inserting in lieu
thereof ‘‘referred to in paragraph (1)’’;
(3) in subsection (a)(3)—
(A) by striking out ‘‘the persons and enti-
ties described in paragraph (2)’’ and inserting
in lieu thereof ‘‘a person or entity described in
paragraph (2)’’; and
(B) by inserting ‘‘to that person or entity’’
before the period;
(4) in subsection (b)—
(A) in paragraph (2), by inserting ‘‘person
or’’ before ‘‘entity’’; and
(B) in paragraph (4), by inserting ‘‘person
or’’ before ‘‘entity’’;
(5) in subsection (c), by inserting ‘‘or entity’’
after ‘‘person’’ each place it appears;
(6) in subsection (d)—
(A) by striking out ‘‘plaintiff’’ and insert-
ing in lieu thereof ‘‘person or entity seeking in-
demnification under this section’’; and
(B) by striking out ‘‘hazardous substance
or pollutant or contaminant’’ and inserting in
171
HR 2401 RDS
lieu thereof ‘‘hazardous substance, a pollutant
or contaminant, or petroleum or its deriva-
tives’’; and
(7) in subsection (f)—
(A) in paragraph (1)—
(i) by inserting ‘‘ ‘remedial action’,
‘response’,’’ after ‘‘ ‘release’,’’; and
(ii) by inserting ‘‘(24), (25),’’ after
‘‘(22),’’ each place it appears; and
(B) by adding after paragraph (3) the fol-
lowing new paragraph:
‘‘(4) The term ‘response action contractor’ has
the meaning given such term in section 119(e)(2) of
the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9619(e)(2)), except that such term includes a person
who enters into, and is carrying out, a contract to
provide at a facility (including a facility not listed on
the National Priorities List) a response action with
respect to any release or threatened release from the
facility of a hazardous substance or pollutant or con-
taminant, or a similar action with respect to petro-
leum or its derivatives.’’.
172
HR 2401 RDS
SEC. 383. ANNUAL REPORT ON REIMBURSEMENT OF CON-
TRACTOR 
ENVIRONMENTAL 
RESPONSE
COSTS FOR OTHER THAN RESPONSE ACTION
CONTRACTORS.
(a) ANNUAL REPORT.—Section 2706 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(c) REPORT ON REIMBURSEMENT OF CONTRACTOR
COSTS.—(1) Each year, at the same time the President
submits to the Congress the budget for a fiscal year (pur-
suant to section 1105 of title 31), the Secretary of Defense
shall submit to the committees named in paragraph (3)
a report on payments made by the Secretary of Defense
for defense contractor environmental response costs.
‘‘(2) Each report required by paragraph (1) shall in-
clude, for the recently completed fiscal year—
‘‘(A) estimated payments made by the Sec-
retary of Defense to a defense contractor (other
than a response action contractor) for environmental
response costs at facilities owned or operated by the
defense contractor or at which the defense contrac-
tor is liable in whole or in part for the environmental
response action; and
‘‘(B) the amount and current status of any
pending requests by a defense contractor (other than
a response action contractor) for payment of envi-
173
HR 2401 RDS
ronmental response costs at facilities owned or oper-
ated by the defense contractor or at which the de-
fense contractor is liable in whole or in part for the
environmental response action.
‘‘(3) The committees of Congress to which a report
under paragraph (1) is to be submitted are the following:
‘‘(A) The Committee on Armed Services of the
House of Representatives.
‘‘(B) The Committee on Armed Services of the
Senate.
‘‘(C) The Committee on Appropriations of the
House of Representatives.
‘‘(D) The Committee on Appropriations of the
Senate.
‘‘(E) The Committee on Government Oper-
ations of the House of Representatives.
‘‘(F) The Committee on Governmental Affairs
of the Senate.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to fiscal years be-
ginning with fiscal year 1992, except that for fiscal years
1992 and 1993, the Secretary of Defense shall submit a
report required by such amendment to the committees
named in subsection (c) not later than 180 days after the
date of the enactment of this Act.
174
HR 2401 RDS
(c) DEFINITIONS.—In this section:
(1) The term ‘‘defense contractor’’—
(A) means a company that is one of the
top 100 companies receiving the largest dollar
volume of prime contract awards by the Depart-
ment of Defense during the fiscal year covered
by the report required by section 2706(c) of
title 10, United States Code, as amended by
subsection (a); and
(B) does not include small business con-
cerns, commercial companies providing commer-
cial items to the Department of Defense, or
segments of commercial companies providing
commercial items to the Department of De-
fense.
(2) The terms ‘‘facility’’, ‘‘response’’, and ‘‘re-
sponse action contractor’’ have the meaning given
such terms in paragraphs (9) and (25) of section
101, and in section 119(e)(2), respectively, of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601(9)
and (25), 9619(e)(2)).
175
HR 2401 RDS
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.
(2) The Navy, 480,800.
(3) The Marine Corps, 174,100.
(4) The Air Force, 425,700.
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
components 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, 113,400.
(4) The Marine Corps Reserve, 36,900.
(5) The Air National Guard of the United
States, 117,700.
(6) The Air Force Reserve, 81,500.
(7) The Coast Guard Reserve, 10,000.
176
HR 2401 RDS
(b) WAIVER AUTHORITY.—The Secretary of Defense
may increase the end strength authorized by subsection
(a) by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be reduced proportionately by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased pro-
portionately by the total authorized strengths of such
units and by the total number of such individual members.
177
HR 2401 RDS
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
402(b), the reserve components of the Armed Forces are
authorized, as of September 30, 1994, the following num-
ber of Reserves to be serving on full-time active duty or,
in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, ad-
ministering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United
States, 24,180.
(2) The Army Reserve, 12,542.
(3) The Naval Reserve, 19,369.
(4) The Marine Corps Reserve, 2,119.
(5) The Air National Guard of the United
States, 9,389.
(6) The Air Force Reserve, 648.
178
HR 2401 RDS
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN
GRADES AUTHORIZED TO BE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) SENIOR ENLISTED MEMBERS.—Effective on Oc-
tober 1, 1993, the table in section 517(b) of title 10,
United States Code, is amended to read as follows:
‘‘Grade
Army
Navy
Air Force
Marine
Corps
E–9 ........................................
569
202
328
E–8 ........................................
2,585
429
840
74’’.
(b) OFFICERS.—Effective on October 1, 1993, the
table in section 524(a) of such title is amended to read
as follows:
‘‘Grade
Army
Navy
Air Force
Marine
Corps
Major or Lieutenant Com-
mander ...............................
3,219
1,071
575
110
Lieutenant Colonel or Com-
mander ...............................
1,524
520
636
Colonel or Navy Captain .......
372
188
274
25’’.
SEC. 414. FORCE STRUCTURE ALLOWANCE FOR ARMY NA-
TIONAL GUARD.
(a) MINIMUM
FORCE
STRUCTURE
LEVEL.—The
force structure allowance for the Army National Guard of
the United States for fiscal year 1994 shall be not less
than 420,000.
(b) FORCE STRUCTURE ALLOWANCE DEFINED.—
For purposes of this section, the force structure allowance
for a reserve component is the allowance prescribed for
that reserve component by the Secretary of the military
179
HR 2401 RDS
department concerned pursuant to section 413 of the Na-
tional Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 106 Stat. 2400).
SEC. 415. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPOR-
TUNITY (COOP) PROGRAM.
(a) FISCAL YEAR 1994.—The Secretary of the Navy
shall ensure that none of the end strength reduction pro-
jected for the Naval Reserve in this Act shall be derived
from personnel authorizations assigned to the Craft of Op-
portunity mission.
(b) PERMANENT STAFFING LEVEL.—The number of
personnel authorizations assigned to the Craft of Oppor-
tunity mission shall be maintained during fiscal year 1994
and thereafter at not less than the level in effect on Sep-
tember 30, 1991.
Subtitle C—Military Training
Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) IN GENERAL.—For fiscal year 1994, the compo-
nents of the active and reserve Armed Forces are author-
ized 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.
180
HR 2401 RDS
(b) ADJUSTMENTS.—The average military training
student loads authorized in subsection (a) shall be ad-
justed consistent with the end strengths authorized in sub-
titles A and B. The Secretary of Defense shall prescribe
the manner in which such adjustments shall be appor-
tioned.
SEC. 422. STUDENT LOADS AT WAR COLLEGES AND AT COM-
MAND AND GENERAL STAFF COLLEGES.
(a) REQUIRED STUDENT LEVELS.—The Secretary of
Defense shall ensure that the number of students at each
of the war colleges and at each of the command and gen-
eral staff colleges is maintained during fiscal year 1994
at the same level as was in effect on October 1, 1992,
for each such college.
(b) COVERED SCHOOLS.—For purposes of subsection
(a)—
(1) the war colleges are the National War Col-
lege, the Industrial College of the Armed Forces, the
Army War College, the College of Naval Warfare,
and the Air War College; and
(2) the command and general staff colleges are
the Armed Forces Staff College, the Army Com-
mand and General Staff Course, the College of
Naval Command and Staff, the Air Command and
181
HR 2401 RDS
Staff College, and the Marine Corps Command and
Staff College.
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 $70,671,147,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 1994.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Active Components
SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR SEPA-
RATION PAY FOR REGULAR OFFICERS INVOL-
UNTARILY DISCHARGED.
(a) PERIOD
OF SERVICE REQUIRED
FOR ELIGI-
BILITY.—Section 1174(a)(1) of title 10, United States
Code, is amended by striking out ‘‘five’’ and inserting in
lieu thereof ‘‘six’’.
(b) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendment made by subsection (a)
182
HR 2401 RDS
shall apply with respect to any regular officer who is dis-
charged after the date of the enactment of this Act.
(2) The amendment made by subsection (a) shall not
apply with respect to an officer who on the date of the
enactment of this Act has five or more, but less than six,
years of active service in the Armed Forces.
SEC. 502. EXTENSION OF ELIGIBILITY FOR VOLUNTARY
SEPARATION INCENTIVE AND SPECIAL SEPA-
RATION BENEFITS PROGRAMS.
Sections 1174a(c)(2) and 1175(d)(1) of title 10,
United States Code, are amended by striking out ‘‘Decem-
ber 5, 1991’’ and inserting in lieu thereof ‘‘the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 1994’’.
SEC. 503. ELIGIBILITY FOR INVOLUNTARY SEPARATION
BENEFITS.
Section 1141 of title 10, United States Code, is
amended by striking out ‘‘September 30, 1990’’ and in-
serting in lieu thereof ‘‘September 30, 1991’’.
SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR TEM-
PORARY 
PROMOTION 
OF 
CERTAIN 
NAVY
LIEUTENANTS.
(a) EXTENSION.—Section 5721(f) of title 10, United
States Code, is amended by striking out ‘‘September 30,
183
HR 2401 RDS
1993’’ and inserting in lieu thereof ‘‘September 30,
1995’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as of September 30, 1993.
SEC. 505. OFFICERS INELIGIBLE FOR CONSIDERATION BY
EARLY RETIREMENT BOARDS.
Section 638(e)(2)(B) of title 10, United States Code,
is amended—
(1) by inserting ‘‘(i)’’ after ‘‘grade and competi-
tive category’’;
(2) by inserting ‘‘(ii)’’ after ‘‘of this title, or’’;
and
(3) by striking out the comma after ‘‘any provi-
sion of law’’.
SEC. 506. REMEDY FOR INEFFECTIVE COUNSELING OF OF-
FICERS 
DISCHARGED 
FOLLOWING 
SELEC-
TION BY EARLY DISCHARGE BOARDS.
(a) PROCEDURE FOR REVIEW.—(1) The Secretary of
each military department shall establish a procedure for
the review of the individual circumstances of an officer de-
scribed in paragraph (2) who is discharged, or who the
Secretary concerned approves for discharge, following the
report of a selection board convened by the Secretary to
select officers for separation.
184
HR 2401 RDS
(2) This section applies in the case of any officer (in-
cluding a warrant officer) who, having been offered the
opportunity to be discharged or otherwise separated from
active duty through the programs provided under section
1174a and 1175 of title 10, United States Code, elected
not to accept such discharge or separation.
(b) APPLICATION.—A review under this section shall
be conducted in any case submitted to the Secretary con-
cerned by application from the officer or former officer
under regulations prescribed by the Secretary.
(c) PURPOSE OF REVIEW.—(1) The review under this
section shall be designed to evaluate the effectiveness of
the counseling of the officer before the convening of the
board to ensure that the officer was properly informed
that selection for discharge or other separation from active
duty was a potential result of being within the group of
officers to be considered by the board and that the officer
was not improperly informed that such selection in that
officer’s personal case was unlikely.
(2) The Secretary shall consider each case on its mer-
its, but shall make a finding of ineffective counseling if
an individual was instructed by an official source before
the convening of the board that the officer’s risk of dis-
charge was reduced by the quality of the officer’s record
or by an expected limitation on the number of discharges
185
HR 2401 RDS
from the officer’s occupational skill category, branch,
corps, or other administrative grouping of officers.
(3) For purposes of this subsection, the term ‘‘official
source’’ means any office or individual within a military
department that could reasonably be expected to provide
information on an individual personnel record or personnel
policy.
(d) REMEDY.—Upon a finding of ineffective counsel-
ing under subsection (c), the Secretary shall provide the
officer the opportunity to participate, at the officer’s op-
tion, in any one of the following programs:
(1) The Special Separation Benefits Programs
under section 1174a of title 10, United States Code.
(2) The Voluntary Separation Incentive pro-
gram under section 1175 of such title.
(3) The Temporary Early Retirement Authority
as authorized by section 4403 of the National De-
fense Authorization Act for Fiscal Year 1993 (Pub-
lic Law 102–484, October 23, 1992).
The officer must meet all eligibility criteria for the pro-
gram selected.
(e) EFFECTIVE DATE.—This section shall apply with
respect to officers separated after September 30, 1990.
186
HR 2401 RDS
Subtitle B—Reserve Components
SEC. 511. EXPANSION OF SELECTED RESERVE CALL-UP PE-
RIOD FROM 90 DAYS TO 180 DAYS.
Section 673b of title 10, United States Code, is
amended—
(1) by striking out ‘‘90 days’’ in subsection (a)
and inserting in lieu thereof ‘‘180 days’’; and
(2) by striking out ‘‘90 additional days’’ in sub-
section (i) and inserting in lieu thereof ‘‘180 addi-
tional days’’.
SEC. 512. NUMBER OF FULL-TIME RESERVE PERSONNEL
WHO MAY BE ASSIGNED TO ROTC DUTY.
Section 690 of title 10, United States Code, is
amended by striking out ‘‘may not exceed 200’’ and insert-
ing in lieu thereof ‘‘may not exceed 275’’.
SEC. 513. REPEAL OF MANDATED REDUCTION IN ARMY RE-
SERVE COMPONENT FULL-TIME MANNING
END STRENGTH.
Section 412 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.
261 note) is amended by striking out subsections (b) and
(c).
187
HR 2401 RDS
SEC. 514. TWO-YEAR EXTENSION OF CERTAIN RESERVE OF-
FICER MANAGEMENT PROGRAMS.
(a) GRADE DETERMINATION AUTHORITY FOR CER-
TAIN RESERVE MEDICAL OFFICERS.—Sections 3359(b)
and 8359(b) of title 10, United States Code, are each
amended by striking ‘‘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 such title are each amended 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
Secretary 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
188
HR 2401 RDS
of rank of such officer under that appointment shall be
the date of rank that would have applied to the appoint-
ment 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.
SEC. 515. CADRE DIVISIONS.
(a) REQUIREMENT TO ESTABLISH.—The Secretary
of the Army shall, not later than September 30, 1995, es-
tablish one or more active cadre divisions of the Army as
reserve component training divisions. Each such active
cadre division shall be part of the active Army force struc-
ture and shall have a commander who is on the active-
duty list of the Army.
(b) IMPLEMENTATION PLAN.—The Secretary of the
Army shall during fiscal year 1994 submit to the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a plan to meet the requirement in subsection
(a). The plan shall include a proposal for any statutory
189
HR 2401 RDS
changes that the Secretary considers to be necessary for
the implementation of the plan.
SEC. 516. TEST PROGRAM FOR RESERVE COMBAT MANEU-
VER UNIT INTEGRATION.
(a) PLAN FOR TEST PROGRAM.—The Secretary of
the Army shall prepare a plan for carrying out a test pro-
gram to determine the feasibility and advisability of apply-
ing the roundout and roundup models for integration of
active and reserve component Army units at the battalion
and company levels.
(b) PURPOSE OF TEST PROGRAM.—The purpose of
the test program shall be to evaluate whether the roundout
and roundup concepts if applied at the battalion and com-
pany levels would—
(1) decrease post-mobilization training time;
(2) increase the capabilities of reserve compo-
nent leaders;
(3) improve the integration of the active and re-
serve components; and
(4) provide a more efficient means for future
expansion of the Army in a period of emergency or
increasing international threats to the vital interests
of the United States.
(c) REPORT ON PLAN.—The Secretary of the Army
shall submit to Congress not later than March 31, 1994,
190
HR 2401 RDS
a report that includes the plan for the test program re-
quired under subsection (a).
(d) DEFINITIONS.—For purposes of this section, the
terms ‘‘roundout’’ and ‘‘roundup’’ refer to two approaches
for integrating Army reserve component (Army National
Guard and Army Reserve) combat units into active Army
corps, divisions, brigades, and battalions after mobiliza-
tion. The roundout approach is the method of bringing
an incomplete active unit up to full strength by assigning
one or more reserve component units to it. The roundup
approach is the use of reserve component units to augment
or expand active units that are already at full strength.
SEC. 517. REVISIONS TO PILOT PROGRAM FOR ACTIVE
COMPONENT SUPPORT OF THE RESERVES.
(a) ACTIVE COMPONENT ADVISERS.—(1) Subsection
(c) of section 414 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 10 U.S.C. 261 note) is amended to read as follows:
‘‘(c) PERSONNEL TO BE ASSIGNED.—The Secretary
shall assign not less than 2,000 active component person-
nel to serve as advisers under the program. After Septem-
ber 30, 1994, the number under the preceding sentence
shall be increased to not less than 5,000.’’.
(2) Subsection (d) of such section is amended by
striking out the period at the end of the second sentence
191
HR 2401 RDS
and inserting in lieu thereof ‘‘, together with a proposal
for any statutory changes that the Secretary considers
necessary to implement the program on a permanent
basis.’’.
(b) ANNUAL REPORT
ON IMPLEMENTATION.—(1)
The Secretary of the Army shall include in the annual re-
port of the Secretary to Congress known as the Army Pos-
ture Statement a presentation relating to the implementa-
tion of the Pilot Program for Active Component Support
of the Reserves under section 414 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190; 10 U.S.C. 261 note), as amended by sub-
section (a).
(2) Each such presentation shall include, with respect
to the period covered by the report, the following informa-
tion:
(A) The promotion rate for officers considered
for promotion from within the promotion zone who
are serving as active component advisers to units of
the Selected Reserve of the Ready Reserve (in ac-
cordance with that program) compared with the pro-
motion rate for other officers considered for pro-
motion from within the promotion zone in the same
pay grade and the same competitive category, shown
for all officers of the Army.
192
HR 2401 RDS
(B) The promotion rate for officers considered
for promotion from below the promotion zone who
are serving as active component advisers to units of
the Selected Reserve of the Ready Reserve (in ac-
cordance with that program) compared in the same
manner as specified in subparagraph (A).
SEC. 518. REVISION OF CERTAIN DEADLINES UNDER ARMY
GUARD COMBAT REFORM INITIATIVE.
(a) DELAY IN MINIMUM PERCENTAGE OF PRIOR AC-
TIVE-DUTY PERSONNEL.—(1) Subsection (b) of section
1111 of the Army National Guard Combat Readiness Re-
form Act of 1992 (title XI of Public Law 102–484; 10
U.S.C. 3077 note; 106 Stat. 2537) is amended by striking
out ‘‘fiscal years 1993 through 1997’’ and inserting in lieu
thereof ‘‘fiscal years 1994 through 1997’’.
(2) Subsection (d) of such section is amended by
striking out ‘‘March 15, 1993’’ and ‘‘April 1, 1993’’ and
inserting in lieu thereof ‘‘December 15, 1993’’ and ‘‘Janu-
ary 15, 1994’’, respectively.
(b) REPORT ON DENTAL READINESS OF MEMBERS
OF EARLY DEPLOYING UNITS.—Section 1118(b) of such
Act (106 Stat. 2539) is amended by striking out ‘‘Feb-
ruary 15, 1993’’ and inserting in lieu thereof ‘‘October
1, 1993’’.
193
HR 2401 RDS
SEC. 519. ANNUAL REPORT ON IMPLEMENTATION OF ARMY
NATIONAL GUARD REFORM INITIATIVE.
(a) IN GENERAL.—Chapter 307 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 3083. Army National Guard Reform Initiative: an-
nual report
‘‘(a) IN GENERAL.—The Secretary of the Army shall
include in the annual report of the Secretary to Congress
known as the Army Posture Statement a detailed presen-
tation concerning the Army National Guard, including
particularly information relating to the implementation of
the Army National Guard Combat Readiness Reform Act
of 1992 (title XI of Public Law 102–484; 106 Stat. 2536
et seq.) (hereinafter in this section referred to as
‘ANGCRRA’).
‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each
presentation under subsection (a) shall include, with re-
spect to the period covered by the report, the following
information concerning the Army National Guard:
‘‘(1) The number and percentage of officers
with at least two years of active-duty before becom-
ing a member of the Army National Guard.
‘‘(2) The number and percentage of enlisted
personnel with at least two years of active-duty be-
194
HR 2401 RDS
fore becoming a member of the Army National
Guard.
‘‘(3) The number of officers who are graduates
of one of the service academies and were released
from active duty before the completion of their ac-
tive-duty service obligation and of those officers—
‘‘(A) the number who are serving the re-
maining period of their active-duty service obli-
gation as a member of the Selected Reserve
pursuant to section 1112(a)(1) of ANGCRRA;
and
‘‘(B) the number for whom waivers were
granted 
by 
the 
Secretary 
under 
section
1112(a)(2) of ANGCRRA and the reason for
each waiver.
‘‘(4) The number of officers who were commis-
sioned as distinguished Reserve Officers’ Training
Corps graduates and were released from active duty
before the completion of their active-duty service ob-
ligation and of those officers—
‘‘(A) the number who are serving the re-
maining period of their active-duty service obli-
gation as a member of the Selected Reserve
pursuant to section 1112(a)(1) of ANGCRRA;
and
195
HR 2401 RDS
‘‘(B) the number for whom waivers were
granted 
by 
the 
Secretary 
under 
section
1112(a)(2) of ANGCRRA and the reason for
each waiver.
‘‘(5) The number of officers who are graduates
of the Reserve Officers’ Training Corps program
and who are performing their minimum period of ob-
ligated service in accordance with section 1112(b) of
ANGCRRA by a combination of (A) two years of ac-
tive duty, and (B) such additional period of service
as is necessary to complete the remainder of such
obligation served in the National Guard and, of
those officers, the number for whom permission to
perform their minimum period of obligated service in
accordance with that section was granted during the
preceding fiscal year.
‘‘(6) The number of officers for whom rec-
ommendations were made during the preceding fiscal
year for a unit vacancy promotion to a grade above
first lieutenant and, of those recommendations, the
number and percentage that were concurred in by
an active-duty officer under section 1113(a) of
ANGCRRA, shown separately for each of the three
categories of officers set forth in section 1113(b) of
ANGCRRA.
197
HR 2401 RDS
‘‘(11) The number of members, shown for each
State, who were screened during the preceding fiscal
year to determine whether they meet minimum phys-
ical profile standards required for deployment and,
of those members—
‘‘(A) the number and percentage who did
not meet minimum physical profile standards
required for deployment; and
‘‘(B) the number and percentage who were
transferred pursuant to section 1116 of
ANGCRRA to the personnel accounting cat-
egory described in paragraph (8).
‘‘(12) The number of members, and the per-
centage of the total membership, of the Army Na-
tional Guard, shown for each State, who underwent
a medical screening during the previous fiscal year
as provided in section 1117 of ANGCRRA.
‘‘(13) The number of members, and the per-
centage of the total membership, of the Army Na-
tional Guard, shown for each State, who underwent
a dental screening during the previous fiscal year as
provided in section 1117 of ANGCRRA.
‘‘(14) The number of members, and the per-
centage of the total membership, of the Army Na-
tional Guard, shown for each State, over the age of
198
HR 2401 RDS
40 who underwent a full physical examination dur-
ing the previous fiscal year for purposes of section
1117 of ANGCRRA.
‘‘(15) The number of units of the Army Na-
tional Guard that are scheduled for early deployment
in the event of a mobilization and, of those units,
the number that are dentally ready for deployment
in accordance with section 1118 of ANGCRRA.
‘‘(16) The estimated post-mobilization training
time for each Army National Guard combat unit,
and a description, displayed in broad categories and
by State, of what training would need to be accom-
plished for Army National Guard combat units in a
post-mobilization period, for purposes of section
1119 of ANGCRRA.
‘‘(17) A description of the measures taken dur-
ing the preceding fiscal year to comply with the re-
quirement in section 1120 of ANGCRRA to expand
the use of simulations, simulators, and advanced
training devices and technologies for members and
units of the Army National Guard.
‘‘(18) Summary tables of unit readiness, shown
for each State, and drawn from the unit readiness
rating system as required by section 1121 of
ANGCRRA, including the personnel readiness rating
199
HR 2401 RDS
information and the equipment readiness assessment
information required by that section, together
with—
‘‘(A) explanations of the information
shown in the table; and
‘‘(B) based on the information shown in
the tables, the Secretary’s overall assessment of
the deployability of units of the Army National
Guard, including a discussion of personnel defi-
ciencies and equipment shortfalls in accordance
with such section 1121.
‘‘(19) Summary tables, shown for each State, of
the results of inspections of units of the Army Na-
tional Guard by inspectors general or other commis-
sioned officers of the Regular Army under the provi-
sions of section 105 of title 32, together with expla-
nations of the information shown in the tables, and
including display of—
‘‘(A) the number of such inspections;
‘‘(B) identification of the entity conducting
each inspection;
‘‘(C) the number of units inspected; and
‘‘(D) the overall results of such inspec-
tions, including the inspector’s determination
for each inspected unit of whether the unit met
200
HR 2401 RDS
deployability standards and, for those units not
meeting deployability standards, the reasons for
such failure and the status of corrective actions.
‘‘(20) A listing for each Army National Guard
combat unit of the active-duty combat unit associ-
ated with it in accordance with section 1131(a) of
ANGCRRA identification of each Army National
Guard unit, to be shown by State and to be accom-
panied, for each such National Guard unit, by—
‘‘(A) the assessment of the commander of
that associated active-duty unit of the man-
power, equipment, and training resource re-
quirements of that National Guard unit in ac-
cordance 
with 
section 
1131(b)(3) 
of
ANGCRRA; and
‘‘(B) the results of the validation by the
commander of that associated active-duty unit
of the compatibility of that National Guard unit
with active duty forces in accordance with sec-
tion 1131(b)(4) of ANGCRRA.
‘‘(21) A specification of the active-duty person-
nel assigned to units of the Selected Reserve pursu-
ant to section 414(c)(4) of the National Defense Au-
thorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 261 note), shown (A) by State, (B) by rank
201
HR 2401 RDS
of officers, warrant officers, and enlisted members
assigned, and (C) by unit or other organizational en-
tity of assignment.
‘‘(c) IMPLEMENTATION.—The requirement to include
in an presentation required by subsection (a) information
under any paragraph of subsection (b) shall take effect
the year following the year in which the provision of
ANGCRRA to which that paragraph pertains has taken
effect. Before then, in the case of any such paragraph,
the Secretary shall include any information that may be
available concerning the topic covered by that paragraph.
‘‘(d) DEFINITION.—In this section, the term ‘State’
includes the District of Columbia, Puerto Rico, Guam, and
the Virgin Islands.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘3083. Army National Guard Reform Initiative: annual report.’’.
SEC. 520. FFRDC STUDY OF STATE AND FEDERAL MISSIONS
OF THE NATIONAL GUARD.
(a) STUDY REQUIRED.—The Secretary of Defense
shall provide for a study of the State and Federal missions
of the National Guard to be carried out by a federally
funded research and development center. The study shall
consider both the separate and integrated requirements
202
HR 2401 RDS
(including requirements pertaining to personnel, weapons,
equipment, and facilities) that derive from those missions.
(b) MATTERS TO BE INCLUDED.—The Secretary
shall require that the matters to be considered under the
study include the following:
(1) Whether the currently projected size for the
National Guard after the completion of the reduc-
tions in the national defense structure planned
through fiscal year 1998 will be adequate for the
National Guard to fulfill both its State and Federal
missions.
(2) Whether the system of assigning Federal
missions to State Guard units could be altered to
optimize the Federal as well as the State capabilities
of the National Guard.
(3) Whether alternative arrangements, such as
cooperative development of National Guard capabili-
ties among the States grouped as regions, are advis-
able and feasible.
(4) Whether alternative Federal-State cost-
sharing arrangements should be implemented for
National Guard units whose principal function is to
support State missions.
(5) Such other matters related to the missions
of the National Guard and the corresponding re-
203
HR 2401 RDS
quirements related to those missions as the Sec-
retary may specify or the center carrying out the
study may determine necessary.
(c) FFRDC REPORTS.—(1) The Secretary shall re-
quire the center carrying out the study to submit an in-
terim report not later than May 1, 1994, and a final re-
port not later than November 15, 1994. Each report shall
include the findings, conclusions, and recommendations of
the center concerning each of the matters referred to in
subsection (b).
(2) The Secretary shall submit each such report to
the Committees on Armed Services of the Senate and
House of Representatives not later than 15 days after the
date on which it is received by the Secretary.
(d) EVALUATION AND REPORT OF FINAL FFRDC
REPORT.—(1) After the center carrying out the study sub-
mits its final report, the Secretary of Defense, together
with the Secretary of the Army and the Secretary of the
Air Force, shall conduct an evaluation of the assumptions,
analysis, findings, and recommendations of that study.
(2) Not later than February 1, 1995, the Secretary
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the eval-
uation under paragraph (1). The report shall be accom-
panied by any recommendations for legislative action that
204
HR 2401 RDS
the Secretary considers necessary as a result of the study
and evaluation required by this section.
(e) COOPERATION.—The Secretary shall ensure that
the center carrying out the study under this section has
full access to such information as the center requires for
the purposes of the study and that the center otherwise
receives full cooperation from all officials and entities of
the Department of Defense, including the National Guard,
in carrying out the study.
SEC. 521. EDUCATIONAL ASSISTANCE FOR GRADUATE PRO-
GRAMS FOR MEMBERS OF THE SELECTED RE-
SERVE.
Section 2131 of title 10, United States Code, is
amended—
(1) in subsection (c)(1), by striking out ‘‘other
than’’ and all that follows through ‘‘level.’’ and in-
serting in lieu thereof a period; and
(2) by adding at the end the following new sub-
section:
‘‘(i) A program of education in a course of instruction
beyond the baccalaureate degree level shall be provided
under this chapter, subject to the availability of appropria-
tions.’’.
205
HR 2401 RDS
SEC. 522. TRANSITION BENEFITS FOR COAST GUARD RE-
SERVE.
(a) APPLICABILITY
OF CERTAIN BENEFITS.—The
Secretary of Transportation shall prescribe such regula-
tions as necessary so as to apply to the members of the
Coast Guard Reserve the provisions of subtitle B of title
XLIV of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (division D of Public
Law 102–484; 106 Stat. 2712), including the amend-
ments made by those provisions. For purposes of the ap-
plication of any of such provisions to the Coast Guard Re-
serve, any reference in those provisions to the Secretary
of Defense or Secretary of a military department shall be
treated as referring to the Secretary of Transportation.
(b) REGULATIONS.—Regulations prescribed for the
purposes of this section shall to the extent practicable be
identical to the regulations prescribed by the Secretary of
Defense under those provisions.
(c) TEMPORARY SPECIAL RETIREMENT AUTHOR-
ITY.—Section 1331a of title 10, United States Code, is
amended—
(1) in subsection (a), by striking out ‘‘Secretary
of a military department’’ and inserting in lieu
thereof ‘‘Secretary concerned’’; and
(2) in subsection (c), by striking out ‘‘of the
military department’’; and
206
HR 2401 RDS
(3) in subsection (e), by striking out the period
at the end and inserting in lieu thereof ‘‘and by the
Secretary of Transportation with respect to the
Coast Guard.’’.
Subtitle C—Warrant Officers
SEC. 531. AUTHORIZATION FOR INVOLUNTARY SEPARA-
TION OF CERTAIN REGULAR WARRANT OFFI-
CERS.
(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 pe-
riod beginning on October 1, 1993, to take the action set
forth in subsection (b) with respect to regular warrant of-
ficers of an armed force under the jurisdiction of that Sec-
retary.
‘‘(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
selection boards under section 573(c) of this title to con-
sider for discharge regular warrant officers on the warrant
officer active-duty list—
207
HR 2401 RDS
‘‘(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 becoming 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 com-
petitive category.
‘‘(2) The Secretary concerned shall specify the total
number of warrant officers to be recommended for dis-
charge by a selection board convened pursuant to sub-
section (b). That number may not be more than 30 per-
cent of the number of officers considered—
208
HR 2401 RDS
‘‘(A) in each grade in each competitive cat-
egory; 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 de-
crease, as compared to the preceding fiscal year, in the
number of warrant officers of that armed force (or the
number of warrant 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.
‘‘(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.’’.
209
HR 2401 RDS
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 33A is amended by inserting
after the item relating to section 580 the following new
item:
‘‘580a. Enhanced authority for selective early discharges.’’.
SEC. 532. DETERMINATION OF SERVICE FOR WARRANT OF-
FICER RETIREMENT SANCTUARY.
(a) EQUITY
WITH
OTHER
MEMBERS.—Section
580(a)(4) of title 10, United States Code, is amended—
(1) by inserting ‘‘(except as provided in sub-
paragraph (C))’’ in subparagraph (A) after ‘‘shall be
separated’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) If on the date on which a warrant officer is to
be separated under subparagraph (A) the warrant officer
has at least 18 years of creditable active service, the war-
rant officer shall be retained on active duty until retired
under paragraph (3) in the same manner as if the warrant
officer had had at least 18 years of service on the applica-
ble date under subparagraph (A) or (B) of that para-
graph.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to warrant officers who have not
been separated pursuant to section 580(a)(4) of title 10,
210
HR 2401 RDS
United States Code, before the date of enactment of this
Act.
Subtitle D—Women in the Service
SEC. 541. REPEAL OF THE STATUTORY RESTRICTION ON
THE ASSIGNMENT OF WOMEN IN THE NAVY
AND MARINE CORPS.
(a) IN GENERAL.—Section 6015 of title 10, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 555 of this title is amended
by striking out the item relating to section 6015.
SEC. 542. GENDER-NEUTRAL OCCUPATIONAL PERFORM-
ANCE STANDARDS.
(a) GENERAL REQUIREMENT.—In the case of any
military occupational career field that is open to both male
and female members of the Armed Forces, the Secretary
of Defense—
(1) shall ensure that qualification of members
of the Armed Forces for, and continuance of mem-
bers of the Armed Forces in, that occupational ca-
reer field is evaluated on the basis of common, rel-
evant performance standards, without differential
standards or evaluation on the basis of gender;
(2) may not use any gender quota, goal, or ceil-
ing except as specifically authorized by law; and
211
HR 2401 RDS
(3) may not change an occupational perform-
ance standard for the purpose of increasing or de-
creasing the number of women in that occupational
career field.
(b) REQUIREMENT FOR USE OF SPECIFIC PHYSICAL
REQUIREMENTS.—For any military occupational field
that is open to both male and female members of the
Armed Forces for which (as determined by the Secretary
of Defense) muscular strength and endurance and cardio-
vascular capacity are relevant to the performance of duties
in that field, the Secretary shall prescribe specific physical
requirements for members of the Armed Forces in that
field and shall apply those physical requirements on a gen-
der-neutral basis.
(c) NOTICE TO CONGRESS OF CHANGES.—At least
60 days before implementing any changes to occupational
standards for a military occupational field which are ex-
pected to result in an increase, or in a decrease, of at least
10 percent in the number of female members of the Armed
Forces who enter, or are assigned to, that occupational
field, the Secretary of Defense shall submit to Congress
a report providing notice of the change and the justifica-
tion and rationale for the change.
212
HR 2401 RDS
SEC. 543. NOTICE TO CONGRESS OF CHANGES TO GROUND
COMBAT EXCLUSION POLICY.
(a) REQUIREMENT.—(1) If the Secretary of Defense
proposes to make any change described in paragraph (2)
to the ground combat exclusion policy, the Secretary shall,
not less than 90 days before any such change is imple-
mented, submit to Congress a report providing notice of
the proposed change.
(2) A change referred to in paragraph (1) is a change
that either (A) closes to female members of the Armed
Forces any category of unit or position that at that time
is open to service by such members, or (B) opens to service
by such members any category of unit or position that at
that time is closed to service by such members.
(b) REPORT CONTENTS.—The Secretary shall include
in any report under subsection (a)—
(1) a detailed description of, and justification
for, the proposed change to the ground combat ex-
clusion policy; and
(2) a detailed analysis of legal implication of
the proposed change with respect to the constitu-
tionality of the application of the Military Selective
Service Act to males only.
(c) GROUND COMBAT EXCLUSION POLICY.—For pur-
poses of this section, the term ‘‘ground combat exclusion
policy’’ means the military personnel policies of the De-
213
HR 2401 RDS
partment of Defense and the military departments, as in
effect on January 1, 1993, by which female members of
the Armed Forces are restricted from assignment to units
and positions whose mission requires routine engagement
in direct combat on the ground.
Subtitle E—Victims’ Rights and
Family Advocacy
SEC. 551. MANDATORY ARRESTS BY MILITARY LAW EN-
FORCEMENT OFFICIALS WHEN CALLED TO
SCENES OF DOMESTIC VIOLENCE.
(a) IN GENERAL.—Section 807 of title 10, United
States Code (article 7 of the Uniform Code of Military
Justice), is amended by adding at the end the following
new subsection:
‘‘(d)(1) In a case of domestic violence in which a mili-
tary law enforcement official at the scene determines that
physical injury has been inflicted or a deadly weapon or
dangerous instrument has been used, the military law en-
forcement official, upon reasonable belief that an offense
has been committed by a person at the scene, shall appre-
hend that person, if the person is subject to this chapter,
or detain that person and remove that person from the
scene, if that person is not subject to this chapter.
214
HR 2401 RDS
‘‘(2) The Secretary of Defense shall prescribe by reg-
ulation the definition of ‘domestic violence’ for purposes
of this subsection.
‘‘(3) In this subsection, the term ‘military law en-
forcement official’ means a person authorized under regu-
lations governing the armed forces to apprehend persons
subject to this chapter or to trial thereunder.’’.
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—
The Secretary of Defense shall prescribe procedures to
carry out section 807(d) of title 10, United States Code,
as added by subsection (a), not later than six months after
the date of the enactment of this Act.
SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF
VICTIMS AND WITNESSES OF STATUS OF
PRISONERS IN MILITARY CORRECTIONAL FA-
CILITIES.
(a) IN GENERAL.—(1) Chapter 48 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 957. Status of prisoners: procedures for notifying
victims and witnesses
‘‘The Secretary of Defense shall prescribe procedures
and implement a centralized system for notice of the sta-
tus of offenders confined in military correctional facilities
to be provided to victims and witnesses. Such procedures
215
HR 2401 RDS
shall, to the maximum extent practicable, be consistent
with procedures of the Federal Bureau of Prisons for vic-
tim and witness notification.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘957. Status of prisoners: procedures for notifying victims and witnesses.’’.
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—
The Secretary of Defense shall prescribe the procedures
required by section 957 of title 10, United States Code,
as added by subsection (a), not later than six months after
the date of the enactment of this Act and shall implement
the centralized system required by that section not later
than six months after those procedures are prescribed.
SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO
UCMJ.
(a) REPORT REQUIRED.—Not later than six months
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report
on the problem of stalking by persons subject to the Uni-
form Code of Military Justice (chapter 47 of title 10,
United States Code). In the report, the Secretary shall de-
scribe the scope of the problem of stalking within the
Armed Forces and shall address whether existing proce-
dures and punitive articles under the Uniform Code of
216
HR 2401 RDS
Military Justice adequately protect members of the Armed
Forces, and dependents of members of the Armed Forces,
who are threatened with stalking. The Secretary shall in-
clude in the report such recommendations for changes to
law and regulations as the Secretary determines to be nec-
essary.
(b) STALKING.—For purposes of the report under
subsection (a), stalking shall be considered to include ac-
tions of a person in repeatedly following or harassing an-
other person with the intent of placing that person in rea-
sonable fear of sexual battery, bodily injury, or death in
such a way that a reasonable person would be caused to
suffer substantial emotional distress and which cause that
person to suffer emotional distress.
SEC. 554. TRANSITIONAL COMPENSATION FOR DEPEND-
ENTS OF MEMBERS OF THE ARMED FORCES
DISCHARGED FOR DEPENDENT ABUSE.
(a) IN GENERAL.—(1) Chapter 53 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1058. Abused dependents: payment of transitional
compensation
‘‘(a) AUTHORITY TO PAY COMPENSATION.—If a
member of the armed forces is separated from the armed
forces as described in subsection (b), the Secretary of the
217
HR 2401 RDS
military department concerned may pay monthly transi-
tional compensation in accordance with this section to de-
pendents or former dependents of the member as specified
in subsection (d).
‘‘(b) SEPARATIONS COVERED.—(1) This section ap-
plies in the case of a member of the armed forces on active
duty for a period of more than 30 days—
‘‘(A) who is convicted of a dependent-abuse of-
fense (as defined in subsection (c)) and whose con-
viction results in the member being—
‘‘(i) administratively discharged with a
general discharge or under other than honor-
able conditions; or
‘‘(ii) discharged or dismissed from the
armed forces by sentence of a court-martial; or
‘‘(B) against whom court-martial charges were
preferred for a dependent-abuse offense and who is
discharged in lieu of trial by court-martial in that
case upon approval of the member’s request or appli-
cation for discharge or, in the case of an officer, for
resignation.
‘‘(2) For purposes of this section, a member of the
armed forces who is incarcerated by sentence of a court-
martial with total forfeiture of pay and allowances shall
218
HR 2401 RDS
be treated as a former member dismissed or discharged
by sentence of a court-martial.
‘‘(c) DEPENDENT-ABUSE OFFENSES.—(1) For pur-
poses of this section, a dependent-abuse offense is conduct
by an individual while a member of the armed forces on
active duty for a period of more than 30 days—
‘‘(A) that involves abuse of the spouse or a de-
pendent child of the member; and
‘‘(B) that is a criminal offense specified in reg-
ulations prescribed by the Secretary of Defense
under paragraph (2).
‘‘(2) The Secretary of Defense shall prescribe by reg-
ulation the criminal offenses, or categories of offenses,
under the Uniform Code of Military Justice (chapter 47
of this title), Federal criminal law, the criminal laws of
the States and other jurisdictions of the United States,
and the laws of other nations that are to be considered
to be dependent-abuse offenses for the purposes of this
section.
‘‘(d) RECIPIENTS OF PAYMENTS.—In any case of a
separation from active duty as described in subsection (b)
in which the Secretary of the military department con-
cerned determines that transitional compensation should
be paid under this section, the Secretary shall pay such
219
HR 2401 RDS
compensation to dependents or former dependents of the
former member as follows:
‘‘(1) If the former member was married at the
time of the commission of the dependent-abuse of-
fense resulting in the separation, such compensation
shall (except as otherwise provided in this sub-
section) be paid to the spouse or former spouse to
whom the member was married at that time.
‘‘(2) If there is a spouse or former spouse who
(but for subsection (g)) would be eligible for com-
pensation under this section and if there is a de-
pendent child of the former member who does not
reside in the same household as that spouse or
former spouse, such compensation shall be paid to
each such dependent child of the former member
who does not reside in that household.
‘‘(3) If there is no spouse or former spouse who
is (or but for subsection (g) would be) eligible under
paragraph (1), such compensation shall be paid to
the dependent children of the former member.
‘‘(4) For purposes of paragraphs (2) and (3),
an individual’s status as a ‘dependent child’ shall be
determined as of the date on which the member is
convicted of the dependent-abuse offense or, in a
220
HR 2401 RDS
case described in subsection (b)(1)(B), as of the date
on which the member is discharged.
‘‘(e) COMMENCEMENT
AND
DURATION
OF
PAY-
MENT.—(1) Payment of transitional compensation under
this section shall commence as of the date of the dis-
continuance of the member’s pay and allowances pursuant
to the separation or sentencing of the member.
‘‘(2) Payment of such compensation shall terminate
at the end of the dependents’ transitional period. The de-
pendents’ transitional period is the period (A) beginning
on the date on which the member is convicted of the de-
pendent-abuse offense or, in a case described in subsection
(b)(1)(B), on the date on which the member is discharged,
and (B) ending at the end of the transitional period deter-
mined by the Secretary concerned. Such transitional pe-
riod may not exceed 36 months, except that if the length
of the member’s service on active duty was less than 36
months, the transitional period may not exceed the length
of such service.
‘‘(f) AMOUNT
OF PAYMENT.—(1) Payment to a
spouse or former spouse under this section for any month
shall be at the rate in effect for that month for the pay-
ment of dependency and indemnity compensation under
section 1311(a)(1) of title 38.
221
HR 2401 RDS
‘‘(2) If a spouse or former spouse to whom compensa-
tion is paid under this section has custody of a dependent
child or children of the member, the amount of such com-
pensation paid for any month shall be increased for each
such dependent child by the amount in effect for that
month under section 1311(b) of title 38.
‘‘(3) If compensation is paid under this section to a
child or children pursuant to subsection (d)(2) or (d)(3),
such compensation shall be paid in equal shares, with the
amount of such compensation for any month determined
in accordance with the rates in effect for that month under
section 1313 of title 38.
‘‘(g) FORFEITURE PROVISIONS.—(1) If a former
spouse receiving compensation under this section remar-
ries, the Secretary shall terminate payment of such com-
pensation, effective as of the date of such marriage. The
Secretary may not renew payment of compensation under
this section to such former spouse in the event of the ter-
mination of such subsequent marriage.
‘‘(2) If after the separation of the former member
as described in subsection (b) the former member resides
in the same household as the spouse or former spouse,
or dependent child, to whom compensation is otherwise
payable under this section, the Secretary shall terminate
payment of such compensation, effective as of the time the
222
HR 2401 RDS
former member begins residing in such household. Com-
pensation paid for a period after the former member’s sep-
aration, but before the former member resides in the
household, shall not be recouped. If the former member
subsequently ceases to reside in such household before the
end of the period of eligibility for such payments, the Sec-
retary may not resume such payments.
‘‘(3) In a case in which the victim of the dependent-
abuse offense resulting in the separation of the former
member was a dependent child, the Secretary concerned
may not pay compensation under this section to a spouse
or former spouse who would otherwise be eligible to receive
such compensation if the Secretary determines (under reg-
ulations prescribed under subsection (i)) that the spouse
or former spouse was an active participant in the conduct
constituting the dependent-abuse offense.
‘‘(h) COORDINATION OF BENEFITS.—The Secretary
concerned may not make payments to a spouse or former
spouse under both this section and section 1408(h)(1) of
this title. In the case of a spouse or former spouse for
whom a court order provides for payments by the Sec-
retary pursuant to section 1408(h)(1) of this title and to
whom the Secretary offers payments under this section,
the spouse or former spouse shall elect which to receive.
223
HR 2401 RDS
‘‘(i) REGULATIONS.—The Secretary of each military
department shall prescribe regulations to carry out this
section with respect to members of the armed forces under
the jurisdiction of that Secretary. Such regulations shall
be as uniform as practicable and shall be subject to the
approval of the Secretary of Defense.
‘‘(j) DEPENDENT CHILD DEFINED.—In this section,
the term ‘dependent child’, with respect to a member or
former member of the armed forces separated as described
in subsection (b), means an unmarried child, including an
adopted child or a stepchild, who was residing with the
member at the time of the dependent-abuse offense result-
ing in the separation of the former member and—
‘‘(1) who is under 18 years of age;
‘‘(2) who is 18 years of age or older and is in-
capable of self-support because of a mental or phys-
ical incapacity that existed before the age of 18 and
who is (or was at the time of the former member’s
separation) dependent on the former member for
over one-half of the child’s support; or
‘‘(3) who is 18 years of age or older but less
than 23 years of age, is enrolled in a full-time course
of study in an institution of higher learning ap-
proved by the Secretary of Defense and who is (or
was at the time of the former member’s separation)
224
HR 2401 RDS
dependent on the former member for over one-half
of the child’s support.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1056 the following new item:
‘‘1058. Abused dependents: payment of transitional compensation.’’.
(b) EFFECTIVE DATE.—(1) Section 1058 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to former members of the Armed
Forces discharged or dismissed as described in subsection
(b) of such section after the date that is three years before
the date of the enactment of this Act.
(2) Notwithstanding paragraph (1), no payment may
be made under such section 1058 with respect to any pe-
riod before April 1, 1994.
Subtitle F—Matters Relating to
Military Justice
SEC. 561. IMPROVED RIGHT OF APPEAL IN COURT-MARTIAL
CASES.
(a) RIGHT OF ACCUSED TO PETITION FOR REVIEW
BY COURTS OF MILITARY REVIEW.—Section 869 of title
10, United States Code (article 69 of the Uniform Code
of Military Justice), is amended—
(1) by redesignating subsection (e) as sub-
section (f); and
225
HR 2401 RDS
(2) by inserting after subsection (d) the follow-
ing new subsection (e):
‘‘(e)(1) A Court of Military Review, upon petition of
the accused and for good cause shown, may review, under
section 866 of this title (article 66)—
‘‘(A) any court-martial case which is subject to
action by the Judge Advocate General under this
section (i) in which the Judge Advocate General de-
termines not to modify or set aside the findings or
sentence, in whole or in part, in accordance with the
application of the accused, and (ii) which is not sent
to the Court of Military Review by order of the
Judge Advocate General; and
‘‘(B) any action taken by the Judge Advocate
General under this section in that case.
‘‘(2) A petition by the accused under paragraph (1)
must be filed with the Court of Military Review within
60 days of the date on which the accused is notified of
the decision of the Judge Advocate General.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to any case re-
viewed by a Judge Advocate General under section 869
of title 10, United States Code, in which an application
is filed under subsection (b) of that section after the date
of the enactment of this Act.
226
HR 2401 RDS
SEC. 562. 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 such term appears.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect as if included in the
amendment to section 911 of title 10, United States Code,
made by section 1066(a)(1) of Public Law 102–484 on
October 23, 1992.
Subtitle G—Other Matters
SEC. 571. CHANGE IN TIMING OF REQUIRED DRUG AND AL-
COHOL TESTING AND EVALUATION OF APPLI-
CANTS FOR APPOINTMENT AS CADET OR
MIDSHIPMAN AND FOR ROTC GRADUATES.
Section 978(a)(3) of title 10, United States Code, is
amended—
(1) in the first sentence, by striking out ‘‘dur-
ing the physical examination given the applicant be-
fore such appointment’’ and inserting in lieu thereof
‘‘within 72 hours of such appointment’’; and
(2) in the second sentence, by striking out
‘‘during the precommissioning physical examination
given such person’’ and inserting in lieu thereof ‘‘be-
fore such an appointment is executed’’.
227
HR 2401 RDS
SEC. 
572. 
REIMBURSEMENT 
REQUIREMENTS 
FOR 
AD-
VANCED EDUCATION ASSISTANCE.
(a) IN GENERAL.—Section 2005 of title 10, United
States Code, is amended by adding at the end the follow-
ing new subsections:
‘‘(g)(1) In any case in which the Secretary concerned
determines that a person who entered into an agreement
under this section failed to complete the period of active
duty specified in the agreement (or failed to fulfill any
other term or condition prescribed in the agreement) and,
by reason of the provision of the agreement required under
subsection (a)(3), may owe a debt to the United States
and in which that person disputes that such a debt is
owed, the Secretary shall designate an official (who may
be a member of the armed forces or a civilian employee
under the jurisdiction of the Secretary) to investigate the
facts of the case and hear evidence presented by the per-
son who may owe the debt and other parties, as appro-
priate, in order to determine the validity of the debt. That
official shall report the official’s findings and rec-
ommendations to the Secretary concerned. The report
shall include the official’s assessment as to whether the
individual behavior that resulted in the separation of the
person who may owe the debt qualifies as misconduct
under subsection (a)(3), if the justification for the debt
to the Government includes an allegation of misconduct.
228
HR 2401 RDS
‘‘(2) The Secretary of each military department shall
ensure that a member of the armed forces who may be
subject to a reimbursement requirement under this section
is advised of such requirement before (1) submitting a re-
quest for voluntary separation, or (2) making a decision
on a course of action regarding personal involvement in
administrative, nonjudicial, and judicial action resulting
from alleged misconduct.
‘‘(h) The Secretary of a military department may
waive any requirement for reimbursement under this sec-
tion at the Secretary’s discretion.’’.
(b) EFFECTIVE DATES.—(1) Subsection (g) of sec-
tion 2005 of title 10, United States Code, as added by
subsection (a), shall apply with respect to persons sepa-
rated from the Armed Forces after the end of the six-
month period beginning on the date of the enactment of
this Act.
(2) Subsection (h) of such section, as added by sub-
section (a), shall apply with respect to persons separated
from the Armed Forces after September 30, 1993.
SEC. 573. RECOGNITION OF POWERS OF ATTORNEY NOTA-
RIZED BY DEFENSE NOTARY PUBLIC.
Section 1044a of title 10, United States Code, is
amended by adding at the end the following new sub-
section: