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report of the Secretary submitted to Congress under section
224 of Public Law 101–189 (10 U.S.C. 2431 note).
SEC. 238. ADDITIONAL BMD PROGRAMS.
(a) NAVAL THEATER MISSILE DEFENSE.—Of the
amount provided under section 201 for Theater Missile De-
fense, $102,000,000 shall be available to support the aggres-
sive 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 quick-
ly than new systems.
(b) ACCELERATED ADVANCED TECHNOLOGY DEM-
ONSTRATION PROGRAM.—The Secretary of Defense, acting
through the Director of the Theater Missile Defense Initia-
tive, shall initiate during fiscal year 1994 an accelerated
Advanced Technology Demonstration program to dem-
onstrate the technical feasibility of using the Navy’s Stand-
ard Missile combined with a kickstage rocket motor and
Lightweight Exoatmospheric Projectile (LEAP) as a near-
term option for cost-effective wide-area Theater Missile De-
fense.
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 De-
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fense System at Grand Forks, North Dakota. The Secretary
shall include in the report—
(1) the projected life-cycle costs of each system
intended for production as part of such National De-
fense System, including a ground-based radar system,
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, development,
test, and evaluation, (B) procurement, (C) deploy-
ment and launch activities, (D) operation and main-
tenance, 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 section
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, involving mul-
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tiple interceptors and multiple targets in the presence of
realistic countermeasures the results of which demonstrate
the achievement by the interceptors of the single-shot prob-
ability-of-kill specified in the system baseline description es-
tablished 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 endorsement (pre-
viously 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 coopera-
tive research and development, jointly funded by the United
States and Israel, on the Arrow Tactical Anti-Missile pro-
gram.
(b) PROGRAM GOAL.—The goal of the cooperative pro-
gram is to demonstrate the feasibility and practicality of
the Arrow system and to permit the government of Israel
to make a decision on its own initiative regarding deploy-
ment 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-
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wide activities and available for the Ballistic Missile De-
fense Organization, shall fully fund the United States con-
tribution to the fiscal year 1994 Arrow Continuing Experi-
ments program at the level of $56,400,000.
(d) ARROW DEPLOYABILITY INITIATIVE.—(1) Subject
to paragraph (2), the Secretary of Defense may obligate
from funds appropriated pursuant to section 201 up to
$25,000,000 for the purpose of research and development of
technologies associated with deploying the Arrow missile in
the future (including technologies associated with battle
management, lethality, system integration, and test bed sys-
tems).
(2) Funds may not be obligated for the purpose stated
in paragraph (1) unless the President certifies to Congress
that—
(A) the United States and the government of Is-
rael 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;
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(C) the Arrow missile has successfully completed
a flight test in which it intercepted a target missile
under realistic test conditions; and
(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 Regime.
(e) SENSE OF CONGRESS ON EXPEDITING TEST PRO-
GRAM.—It is the sense of Congress that, in order to expedite
the test program for the Arrow missile, the United States
should seek to initiate with the government of Israel discus-
sions 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 authorized
by law.
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SEC. 243. TECHNICAL AMENDMENTS TO REFLECT REDESIG-
NATION OF STRATEGIC DEFENSE INITIATIVE
ORGANIZATION.
Section 224 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is
amended—
(1) by striking out ‘‘Strategic Defense Initiative’’
each place it appears (other than in subsection (b)(5))
and inserting in lieu thereof ‘‘Ballistic Missile De-
fense program’’;
(2) by striking out ‘‘Strategic Defense Initiative’’
in subsection (b)(5) and inserting in lieu thereof
‘‘Ballistic Missile Defense’’;
(2) by striking out ‘‘SDI’’ each place it appears
and inserting in lieu thereof ‘‘BMD’’; and
(3) by striking out the section heading and in-
serting in lieu thereof the following:
‘‘SEC. 224. ANNUAL REPORT ON BALLISTIC MISSILE DE-
FENSE PROGRAM.’’.
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:
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‘‘§ 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 referred 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 Cen-
ter shall be dedicated to development and application of
new knowledge, procedures, techniques, training, and equip-
ment 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 objectives
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 relate
to women in the military:
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‘‘(A) Combat stress and trauma.
‘‘(B) Exposure to toxins and other environmental
hazards associated with military hardware.
‘‘(C) Psychology related stresses in warfare situ-
ations.
‘‘(D) Breast cancer.
‘‘(E) Reproductive health, including pregnancy.
‘‘(F) Gynecological cancers.
‘‘(G) Infertility and sexually transmitted dis-
eases.
‘‘(H) HIV and AIDS.
‘‘(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 fa-
cility of the Army in existence on July 1, 1993, having the
following characteristics:
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‘‘(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 programs
colocated with ongoing collaborative health-related
and interdisciplinary research of (A) a facility of the
Department of Veterans Affairs, (B) an accredited
university with specialties in medical research 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 to
in paragraph (2), with the capability to include
state-of-the-art clinical diagnostic instrumentation,
data processing, telecommunication, and data storage
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.
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‘‘(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 chap-
ter 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 co-
ordination with the other military departments, shall pre-
pare 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 Serv-
ices of the Senate and House of Representatives before May
1, 1994.
(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 relat-
ed to service on active duty as compared to service in
the National Guard or Reserves.
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(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 plan-
ning, 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 the
heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, ARMY’’ .
SEC. 253. INCLUSION OF WOMEN AND MINORITIES IN CLINI-
CAL 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 re-
search; and
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(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 in-
clusion, 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
(3) is inappropriate under such other cir-
cumstances as the Secretary of Defense may designate.
(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 De-
fense shall ensure that the project is designed and carried
out so as to provide for a valid analysis of whether the vari-
ables being tested in the research affect women or members
of minority groups, as the case may be, differently than
other persons who are subjects of the research.
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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 covered
beneficiaries under chapter 55 of title 10, United
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 OFFICE
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.
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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 Re-
search Council of the National Academy of Sciences to con-
duct a comprehensive study of cryptographic technologies
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.
(b) INTERAGENCY COOPERATION WITH STUDY.—The
Secretary of Defense shall direct the National Security
Agency, the Advanced Research Projects Agency, and other
appropriate agencies of the Department of Defense to co-
operate fully with the National Research Council in its ac-
tivities in carrying out the study under this section. The
Secretary shall request all other appropriate Federal de-
partments and agencies to provide similar cooperation to
the National Research Council.
(c) FUNDING.—Of the amount authorized to be appro-
priated in section 201 for Defense-wide activities, $800,000
shall be available for the study under this section.
(d) REPORT.—The National Research Council shall
complete the study and submit to the Secretary of Defense
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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 findings
and conclusions and the recommendations of the Council
for improvements in cryptography policy and procedures.
The Secretary shall submit the report to the Committees on
Armed Services of the Senate and House of Representatives
in unclassified form, with classified annexes as necessary,
not later than 120 days after the day on which the report
is submitted to the Secretary.
(e) EXPEDITED PROCESSING OF SECURITY CLEAR-
ANCES FOR STUDY.—For the purpose of facilitating the
commencement of the study under this section, the Secretary
of Defense shall expedite to the fullest degree possible the
processing of security clearances that are necessary 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 De-
fense designated as 6.3, 6.4, 6.5, and 6.6, including a review
of the criteria for assigning programs to those categories.
The review shall examine the assignment of current pro-
grams to those categories for the purpose of ensuring that
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those programs are correctly categorized and assigned pro-
gram element numbers in accordance with existing Depart-
ment of Defense policy.
(b) RESPONSIBLE OFFICIAL.—The Secretary of De-
fense shall designate an official within the Office of the Sec-
retary of Defense to be responsible for monitoring and peri-
odically reviewing program elements for proper categoriza-
tion to the categories specified in subsection (a).
(c) REPORT.—The Secretary shall include with the
budget materials for fiscal year 1995 submitted to Congress
by the Secretary in support of the President’s budget for
that year a report on the implementation of this section.
The report (1) shall include a certification (or an expla-
nation of why the Secretary cannot certify) that current
research and development programs are correctly cat-
egorized as described in subsection (a), and (2) shall specify
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 inserting in lieu
therof ‘‘during fiscal years 1995 through 1997’’.
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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’’;
(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 Envi-
ronmental 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 Ad-
ministrator of the Environmental Protection Agency, and
the Administrator of the National Oceanic and Atmospheric
Administration,’’.
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(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.
(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 fis-
cal 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 fiscal
year 1994 from the Armed Forces Retirement Home Trust
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Fund the sum of $61,890,000 for operation of the Armed
Forces Retirement Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
FUND.
(a) 
AUTHORITY
TO
TRANSFER
FUNDS.—From
amounts in the National Defense Stockpile Transaction
Fund that the Secretary of Defense determines are not need-
ed to meet current and estimated future obligations 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 mainte-
nance 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 transferred
pursuant to this section shall not increase the amount au-
thorized to be appropriated in section 301 for the account
to which the amount is transferred.
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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 trans-
fer, the Secretary notifies the Congress of the transfer 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 effect
90 days after the date of the enactment of this Act.
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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:
‘‘§ 2246. Department of Defense golf courses: limita-
tion on use of appropriated funds
‘‘(a) LIMITATION.—Except as provided in subsection
(b), funds appropriated to the Department of Defense may
not be used to equip, operate, or maintain a golf course
at a facility or installation of the Department of Defense.
‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not apply
to a golf course at a facility or installation outside the Unit-
ed States or at a facility or installation inside the United
States at a location designated by the Secretary of Defense
as a remote and isolated location.
‘‘(2) The Secretary of Defense shall prescribe regula-
tions governing the use of appropriated funds under this
subsection.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following new
item:
‘‘2246. Department of Defense golf courses: limitation on use of appropriated
funds.’’.
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SEC. 315. CODIFICATION OF PROHIBITION ON THE USE OF
CERTAIN COST COMPARISON STUDIES.
(a) IN GENERAL.—Section 2467 of title 10, United
States Code, is amended—
(1) by redesignating subsections (a) and (b) as
subsections (c) and (d), respectively;
(2) by inserting before subsection (c), as redesig-
nated by paragraph (1), the following new sub-
sections:
‘‘(a) PROHIBITION.—Except as provided in subsection
(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 comparison 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 Sep-
tember 30, 1992.’’; and
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(3) in subsection (d)(1), as redesignated by para-
graph (1), by striking out ‘‘Each officer’’ and insert-
ing in lieu thereof ‘‘In any case in which a compari-
son referred to in subsection (c) is conducted, the offi-
cer’’.
(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 Au-
thorization 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.
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(b) LIMITATION.—During the two-year period begin-
ning on the date of the enactment of this Act, the Secretary
of Defense shall ensure that separate but complementary
prepositioning facilities are maintained in Charleston,
South Carolina, and Blount Island, Florida, for the Army
and Marine Corps, respectively.
(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, Jacksonville, Florida,
may be made only after the Secretary of Defense has sub-
mitted to the Committees on Armed Services of the Senate
and House of Representatives a detailed cost and oper-
ational 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 decrease
the backlog of depot-level maintenance and repair.
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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
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 sub-
mits to the congressional defense committees the report re-
quired by subsection (c).
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(b) EXCEPTION.—Subsection (a) shall not prohibit ob-
ligations or expenditures of funds in connection with con-
struction at the Marcus Hook facility if the Secretary cer-
tifies to the congressional defense committees in advance
that the construction is limited to emergency repairs nec-
essary to continue operations of water craft support at the
Marcus Hook facility.
(c) REPORT REQUIRED.—The Secretary shall prepare
a report evaluating the suitability of alternative sites with-
in a 100 mile radius of the Marcus Hook facility to replace
the facility. The report shall contain, at a minimum, a de-
tailed 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 BAHRAIN
SHIP REPAIRING AND ENGINEERING COM-
PANY FOR SHIP REPAIR.
(a) PROHIBITION.—Notwithstanding section 7299a of
title 10, United States Code, the Secretary of Defense may
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not enter into a contract with the Bahrain Ship Repairing
and Engineering Company for the overhaul, repair, or
maintenance of naval vessels until the Secretary certifies
to the Committees on Armed Services of the Senate and
House of Representatives that at least one of the following
conditions exists:
(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 pro-
ceedings, 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.
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SECTION 321. LIMITATION ON CHARTERING OF VESSELS
ON WHICH REFLAGGING OR CONVERSION
WORK HAS BEEN PERFORMED IN A FOREIGN
SHIPYARD.
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:
‘‘(b)(1) The Secretary of Defense may enter into a
time-charter contract for the use of a vessel for the transpor-
tation 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 proposed charter,
only if such work was performed at a shipyard 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.’’.
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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-
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 aircraft
to regularly use Selfridge Air National Guard Base in Har-
rison Township, Michigan.
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 section
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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 ac-
counts that were managed through the Defense Business Op-
erations Fund may be only as provided in section 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 De-
fense shall classify each function, fund, activity, and ac-
count that is managed by the Secretary under a single, de-
fense-wide fund (including the Defense Business Operations
Fund established in section 316 of the National Defense Au-
thorization Act for Fiscal Years 1992 and 1993 (P.L. 102–
190; 105 Stat. 1338)) according to whether or not the func-
tion, fund, activity, or account is suitable for provision and
purchase by the Department of Defense in a competitive
market. The Secretary of Defense shall revise a classifica-
tion under this subsection whenever the Secretary considers
it to be appropriate.
(b) PRICING AND PERFORMANCE OF COMPETITIVE AC-
TIVITIES.—The Secretary of Defense shall take any action
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necessary to provide for competitive pricing and active com-
petition among suppliers for the operation of each function,
fund, activity, or account classified as suitable for competi-
tion 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 accounts
classified as not suitable for competition under subsection
(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 mem-
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ber is engaged in the actual performance of the duties of
the Board.
(B) Each member of the Board shall receive travel ex-
penses, including per diem in lieu of subsistence, in accord-
ance 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.
SEC. 333. COMPETITIVE AND REGULATED BUSINESS OPER-
ATIONS FUNDS.
(a) AUTHORITY TO BORROW FROM GENERAL FUND.—
To the extent provided in appropriations Acts, the Sec-
retary 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
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management of functions, funds, activities, and accounts re-
ferred 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:
(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 perform-
ance of any function, fund, activity, or account referred to
in subsection (b)(1) through the CBOF. The assets of each
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such fund, function, activity, or account purchased from the
DBOF under such subsection shall be transferred to and
accounted for in the CBOF.
(3) The Secretary of Defense may manage the perform-
ance of any function, fund, activity, or account referred to
in subsection (b)(2) through the RBOF. The assets of each
such function, fund, activity, or account purchased 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 pur-
chase 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 quar-
terly and shall equal the average quarterly rate of interest
for funds borrowed by the Treasury. The amount of the re-
payment and interest shall be deposited 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 function,
fund, activity, or account managed through the CBOF or
the RBOF shall be deposited in the General Fund of the
Treasury.
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(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 performance
of a function, fund, activity, or account managed through
the CBOF or the RBOF, as the case may be.
(g) SEPARATE ACCOUNTING, REPORTING, AND AUDIT-
ING.—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 accounts
referred to in subsection (b).
(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 management
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
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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.
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 performance and
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management of depot-level activities of the Department 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-Govern-
ment personnel;
(3) an evaluation of the manner and level of per-
formance 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.
(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 (including
travel time) during which the member is engaged in the
actual performance of the duties of the task force.
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(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 De-
fense shall provide the task force with the administrative,
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 legislative and
administrative action the task force considers to be appro-
priate.
(f) TERMINATION.—The task force shall terminate not
later than 60 days after submitting its report pursuant to
subsection (e).
SEC. 342. RETENTION OF DEPOT-LEVEL MAINTENANCE
WORKLOAD MANAGEMENT BY THE MILITARY
DEPARTMENTS.
(a) MANAGEMENT
OF DEPOT-LEVEL MAINTENANCE
WORKLOAD BY THE MILITARY DEPARTMENTS.—Chapter
146 of title 10, United States Code, is amended by adding
at the end the following new section:
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‘‘§ 2470. Depot-level maintenance workload: manage-
ment by the military departments
‘‘The Secretary of Defense may not consolidate the
management of the depot-level maintenance workload of the
Department of Defense under a single defense-wide entity.
The management of any such workload for a military de-
partment shall continue to be carried out by the Secretary
of the military department.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2470. Depot-level maintenance workload: management by the military depart-
ments.’’.
SEC. 343. PROHIBITION ON PERFORMANCE OF DEPOT-
LEVEL SUPPORT PRIMARILY BY NON-GOV-
ERNMENT PERSONNEL.
(a) PROHIBITION.—The Secretary of Defense may not
require or permit the long-term, depot-level support of a
weapon system referred to in subsection (b) to be provided
primarily by non-Government personnel.
(b) COVERED WEAPON SYSTEMS.—A weapon system
referred to in subsection (a) is a weapon system—
(1) which has not entered production by the date
of the enactment of this Act; or
(2) which has entered production by the date of
the enactment of this Act but is planned for depot-
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level support primarily by Government or non-Gov-
ernment personnel.
SEC. 344. PROHIBITION ON PERFORMANCE OF CERTAIN
DEPOT-LEVEL WORK BY FOREIGN CONTRAC-
TORS.
(a) IN GENERAL.—(1) Chapter 146 of title 10, United
States Code, as amended by section 342, is amended by add-
ing at the end the following new section:
‘‘§ 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 organization
described in subsection (b) of any depot-level maintenance
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 readiness 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 paragraph
(1) of section 2491; and
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‘‘(2) which is not a citizen or permanent resident
of a country referred to in such paragraph, or, if ap-
plicable, the majority of which is owned or controlled
by citizens or permanent residents of any such coun-
try.’’.
(2) The table of sections at the beginning of such chap-
ter, 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 contrac-
tors.’’.
(b) EFFECTIVE DATE.—Section 2471 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply with
respect to contracts entered into after the expiration 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, or-
dinance, supply, and land forces, for the military depart-
ment and the Defense Agency’’.
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(b) REPORT.—Subsection (e) of such section is amend-
ed 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 dur-
ing the preceding fiscal year to achieve and maintain the
percentage of depot-level maintenance required to be per-
formed by employees of the Department of Defense pursuant
to subsection (a).’’.
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 amended
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 employees
of the Department of Defense of not less than 60 percent
of the depot-level maintenance of the weapon system.’’.
(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)’’.
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(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to a weapon system deliv-
ered after the date of the enactment of this Act.
Subtitle E—Commissaries and
Military Exchanges
SEC. 351. EXPANSION AND CLARIFICATION OF COMMISSARY
AND EXCHANGE BENEFITS.
(a) EXPANSION OF FORMER SPOUSES’ ELIGIBILITY.—
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 pre-
scribe such regulations as may be necessary to provide 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 mem-
ber of the uniformed services.
‘‘(b) COVERED FORMER SPOUSES.—Subsection (a) ap-
plies to any person who—
‘‘(1) is an unremarried former spouse of a mem-
ber or former member who performed at least 20
years of service which is creditable in determining the
member or former member’s eligibility for retired or
retainer pay; and
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‘‘(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 period the
member or former member performed service cred-
itable 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’’ before
the period in the first sentence; and
(ii) by striking out the second sentence;
(B) by striking out subsection (b); and
(C) by redesignating subsection (c) as subsection
(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 QUALI-
FIED 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
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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 para-
graph (2), and the survivors of such person, to use com-
missary and exchange stores of the Department of Defense
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.
(2) Paragraph (1) applies to any person who was dis-
charged with a disability from the Armed Forces on or be-
fore October 1, 1949, and—
(A) who at the time of such discharge was an en-
listed 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 Compensa-
tion Act of 1949.
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(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, such use shall be
on the same basis as a member eligible for such re-
tired 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.’’.
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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 prohibited
‘‘(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 Secretary
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
additional members of the armed forces on active duty may
be assigned to the Defense Commissary Agency. Assignment
of such member to regional headquarters of that Agency
shall be limited to enlisted advisors for those regions respon-
sible for overseas commissaries and to veterinary 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
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or a ship’s store. Any such assignment shall be on a
nonreimbursable basis.
‘‘(2) The number of such members assigned to the De-
fense Commissary Agency during any period before October
1, 1996, may not exceed the number of such members 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 assigned 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.’’.
SEC. 353. MODERNIZATION OF AUTOMATED DATA PROCESS-
ING 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 automated
data processing capability of the Agency. Such action may
include the modification of existing contracts with contrac-
tors supplying automated data processing services to the
Agency.
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SEC. 354. OPERATION OF STARS AND STRIPES BOOKSTORES
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.
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 Defense,’’
after ‘‘the Secretary of Defense’’;
(B) in the second sentence, by inserting ‘‘or
the Inspector General of the Department of De-
fense’’ after ‘‘the Secretary concerned’’; and
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(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:
‘‘(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
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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 fis-
cal year 1993’’ and inserting in lieu thereof ‘‘during
a fiscal year’’; and
(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 para-
graph:
‘‘(4) The Secretary of Defense shall include in the ma-
terials referred in paragraph (1), a report on the implemen-
tation of the master plan for the fiscal year immediately
preceding the fiscal year for which such materials were sub-
mitted.’’.
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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 op-
erations, as designated by the military 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 COMMUNITIES.
(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 prescribed
by the Secretary of Defense, the’’ and inserting in lieu
thereof ‘‘The’’;
(2) by inserting ‘‘, approved by the Secretary of
Defense,’’ after ‘‘enter into an agreement’’; and
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(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 sec-
tion is amended to read as follows:
‘‘(b) FUNDING ASSISTANCE.—Amounts made available
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 Na-
tional Guard Bureau among those States with which the
Chief has entered into approved agreements. In addition 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 fis-
cal 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 train-
ing 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
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(2) by inserting after subsection (b) the following
new subsection (c):
‘‘(c) SUPPLIES AND EQUIPMENT.—(1) Funds made
available from Department of Defense operation and main-
tenance accounts to carry out the pilot program may be
used for the purchase of supplies and equipment necessary
for the provision of health care under the pilot program.
‘‘(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 furnished
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 amend-
ed 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 National
Guard of a State under section 270 of title 10, United
States Code, and section 502 of title 32, United States
Code.’’.
(e) REPORT.—Subsection (g) of such section, as redes-
ignated by subsection (c)(1), is amended by striking out
‘‘January 1, 1994’’ and inserting in lieu thereof ‘‘January
1, 1995’’.
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(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.
‘‘(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 Co-
lumbia, 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 DEFENSE.—
Section 1511 of the Armed Forces Retirement Home Act
of 1991 (title XV of P.L. 101–510; 104 Stat. 1723) is
amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
‘‘(e) DEPARTMENT OF DEFENSE SUPPORT.—The Sec-
retary of Defense may make available to the Retirement
Home, on a nonreimbursable basis, administrative support
and office services, legal and policy planning assistance, ac-
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cess 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.’’.
(b) AUTHORITY OF RETIREMENT HOME CHAIRMAN.—
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 chair-
man 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 responsible to the Sec-
retary of Defense or to the Secretaries of the military de-
partments for overall direction and management of the Re-
tirement Home and each facility maintained 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 appro-
priate, 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 ex-
pedite the efficient and timely management of each facility
maintained as a separate facility of the Retirement Home.
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‘‘(C) The chairman may appoint an administrative
staff to assist the chairman in the performance of such indi-
vidual’s duties as the chairman of the Retirement Board
and chief executive officer of the Retirement Home. The
chairman shall determine the rate of pay for such staff, ex-
cept that a staff member who is a member of the Armed
Forces on active duty or who is a full-time officer or em-
ployee of the United States shall receive no additional pay
by reason of service on the administrative staff.’’.
(c) HOSPITAL CARE FOR HOME RESIDENTS.—The sec-
ond sentence of section 1513(b) of such Act (104 Stat. 1725)
is amended to read as follows: ‘‘Secondary and tertiary hos-
pital 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 obtained by agree-
ment with the Secretary of Veterans Affairs or the Secretary
of Defense in a facility administered by such Secretary. The
Retirement Home shall not be responsible for the costs in-
curred for such care by a resident of the Retirement Home
who uses a private medical facility 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 Director
of a facility maintained as a separate establishment of the
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Retirement Home shall safeguard and dispose of the estate
and personal effects of deceased residents, including 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 prop-
erty left by the deceased resident shall be held for dis-
position as directed by the court.
‘‘(2) In the event a resident dies intestate and
the heirs or legal representative of the deceased cannot
be immediately ascertained, the Director shall retain
all property left by the decedent for a three-year pe-
riod 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 cat-
egories of identified survivors (listed in the order of
precedence indicated):
‘‘(A) The surviving spouse or legal rep-
resentative.
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‘‘(B) The children of the deceased.
‘‘(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 section
is amended to read as follows:
‘‘(b) SALE OF EFFECTS.—(1) In the event the disposi-
tion of the estate of a resident of the Retirement Home can-
not 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 property, the proceeds
of the sale shall be deposited in the Retirement Home Trust
Fund. In the event a personal representative or other fidu-
ciary is appointed to administer a deceased resident’s un-
claimed estate before the end of such three-year period, the
balance of the entire net proceeds 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 paragraph shall apply to the estate of a resi-
dent of the Soldiers’ and Airmen’s Home or of the Naval
Home who dies after November 29, 1989.
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‘‘(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, testamentary
legatee, escheat legatee, or in any other capacity. The attor-
ney-general may, in the domiciliary jurisdiction of the de-
ceased resident and in any ancillary jurisdictions, petition
for appointment as fiduciary under any resulting court ap-
pointment. In a probate proceeding in which the heirs of
an intestate deceased resident cannot be located, the attor-
ney-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 wit-
ness to a will or codicil of the resident.
‘‘(4) After the expiration of the three-year period begin-
ning on the date of the death of a resident of the facility,
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 effects
such as decorations, medals, and citations to which a right
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has not been established under subsection (a). Disposal may
be made within the discretion of the Director by—
‘‘(A) retaining such property or effects for the fa-
cility;
‘‘(B) offering such items to the Secretary of Vet-
erans Affairs, a State, another military home, a mu-
seum, or any other institution having an interest; or
‘‘(C) destroying any items the Director concerned
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 pur-
poses of section 3902 of title 31, United States Code (relat-
ing to interest penalties for failure to pay contractors by
the required payment date), shall be the same as applies
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.
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SEC. 368. PROVISION OF FACILITIES AND SERVICES OF THE
DEPARTMENT OF DEFENSE TO CERTAIN EDU-
CATIONAL ENTITIES.
(a) PROVISION OF FACILITIES AND SERVICES.—Chap-
ter 152 of title 10, United States Code, is amended by add-
ing at the end the following new section:
‘‘§ 2553. Facilities and services: certain educational
entities
‘‘(a) USE OF FACILITIES.—The Secretary may permit
an entity referred to in subsection (c) to use, on a reimburs-
able or nonreimbursable basis, any facility of the Depart-
ment 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 Department
of Defense who the Secretary determines will assist that en-
tity 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.
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‘‘(d) OPERATION OF THE NATIONAL FLIGHT ACAD-
EMY.—After the completion of the facilities of the National
Flight Academy, the Secretary of the Navy may accept the
donation of such facilities from the Naval Aviation Museum
Foundation (or a successor entity of the Foundation). If
the donation occurs, the Secretary of the Navy may, by reg-
ulations 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 OPER-
ATIONS.—The provision of facilities and services under sub-
sections (a) and (b) may not interfere with the normal oper-
ations and missions of the armed forces.
‘‘(f) REGULATIONS.—The Secretary shall prescribe reg-
ulations to carry out this section, including regulations es-
tablishing reasonable rates for a reimbursement under sub-
section (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 in-
serted by section 814(b), is amended to read as follows:
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‘‘(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 period 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 home-
port not in the United States (or a territory of the United
States) perform in the United States (or a territory of the
United States) any work for the overhaul, repair, or main-
tenance 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:
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‘‘§ 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.
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‘‘(2) The term ‘Secretary concerned’ includes the
Secretary of Defense with respect to employees of the
Department of Defense who are not employees of a
military department.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 75 of such title is amended by in-
serting 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 inciden-
tal expenses for civilian employees who die while serving
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 Commis-
sion and the Commandant of the Marine Corps agree that
the repair and maintenance will be performed by the Amer-
ican 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
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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 man-
ner 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 March 31, 1994, the
Secretary of Defense shall submit to the congressional com-
mittees referred to in paragraph (2) a report on any edu-
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cational 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
contain the assessment and recommendations of the Sec-
retary of Defense regarding the justification of the continu-
ing need for school facilities under any such educational
arrangement.
(2) The congressional committees referred to in para-
graph (1) are the Committees on Armed Services of the Sen-
ate and House of Representatives, the Committee on Labor
and Human Resources of the Senate, and the Committee
on Education and Labor of the House of Representatives.
(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) Sec-
tion 343(d)(1) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105
Stat. 1344) is amended by striking out ‘‘terminate at the
end of the two-year period beginning on the date of the en-
actment of this Act’’ and inserting in lieu thereof ‘‘termi-
nate on December 5, 1994’’.
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(2) Section 343(e) of such Act is amended by striking
out ‘‘60 days after the end of the two-year period described
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 De-
fense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1684) is amended by striking out ‘‘Sep-
tember 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 ‘‘Sep-
tember 30, 1994’’.
Subtitle G—Environmental
Provisions
SEC. 381. MODIFICATION OF ANNUAL REPORT ON ENVIRON-
MENTAL RESTORATION AND COMPLIANCE BY
THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Section 2706 of title 10, United
States Code, is amended to read as follows:
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‘‘§ 2706. Annual report to Congress
‘‘(a) REPORT.—Each year, at the same time the Presi-
dent submits to the Congress the budget for a fiscal year
(pursuant to section 1105 of title 31), the Secretary of De-
fense shall submit to the Congress a report that describes
the progress made by the Secretary of Defense in imple-
menting environmental restoration and compliance activi-
ties 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 estimates
of more than 15 percent or $10,000,000 (which-
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ever 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 im-
plementing, each response action during the cur-
rent 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 possible, provide the in-
formation in a supplemental report not later
than 30 days after submission of the report.
‘‘(G) The costs incurred to date for each re-
sponse action.
‘‘(H) The estimated cost to complete the en-
vironmental restoration activities, including,
where relevant, the estimated cost in five-year in-
crements.
‘‘(I) The estimated final date for completion
of the environmental restoration activities, in-
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cluding, where relevant, the estimated progress,
in five-year increments, toward completion.
‘‘(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 personnel re-
quired 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 be-
tween the funding level and personnel require-
ments and the funding level and personnel re-
quests in the budget. The statement shall set forth
separately the funding levels and full-time per-
sonnel requested for the Department of Defense
as a whole and for each military installation.
‘‘(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 De-
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‘‘(G) A statement of the funding levels and
personnel required for the Department of Defense
to comply with applicable environmental re-
quirements for military installations located out-
side 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 sub-
stances; and
‘‘(iii) each facility or site at which the
Secretary is conducting environmental res-
toration activities funded through the De-
fense Environmental Restoration Account
established under section 2703, the Depart-
ment of Defense Base Closure Account 1990
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established under section 2906 of the De-
fense Base Closure and Realignment Act of
1990 (title XXIX of Public Law 101–510;
10 U.S.C. 2687 note), the Department of
Defense Base Closure Account established
under section 207 of the Defense Authoriza-
tion Amendments and Base Closure and Re-
alignment Act (10 U.S.C. note), a successor
account to any such accounts, or any other
account established in connection with the
closing or realigning of a military installa-
tion;
‘‘(B) means a base, camp, post, station,
yard, center, or other activity under the jurisdic-
tion 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
‘‘(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 Comprehen-
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sive Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601(25)).’’.
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 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 CLOSING
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 con-
taminant, or petroleum or its derivatives’’; and
(B) by inserting ‘‘(including the activities
of any contractor or subcontractor of the Depart-
ment of Defense other than a response action
contractor)’’ after ‘‘Department of Defense activi-
ties’’;
(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)—
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(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 lieu
thereof ‘‘hazardous substance, a pollutant or con-
taminant, or petroleum or its derivatives’’; and
(7) in subsection (f)—
(A) in paragraph (1)—
(i) by inserting ‘‘ ‘remedial action’, ‘re-
sponse’,’’ after ‘‘ ‘release’,’’; and
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(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
contaminant, or a similar action with respect to pe-
troleum or its derivatives.’’.
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.
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(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 com-
ponents as of September 30, 1994, as follows:
(1) The Army National Guard of the United
States, 410,000.
(2) The Army Reserve, 260,000.
(3) The Naval Reserve, 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.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may increase the end strength authorized by subsection (a)
by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be reduced proportionately by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year, and
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(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be increased propor-
tionately by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 402(b),
the reserve components of the Armed Forces are authorized,
as of September 30, 1994, the following number of Reserves
to be serving on full-time active duty or, in the case of mem-
bers of the National Guard, full-time National Guard duty
for the purpose of organizing, administering, recruiting, in-
structing, or training the reserve components:
(1) The Army National Guard of the United
States, 24,180.
(2) The Army Reserve, 12,542.
(3) The Naval Reserve, 19,369.
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(4) The Marine Corps Reserve, 2,119.
(5) The Air National Guard of the United
States, 9,389.
(6) The Air Force Reserve, 648.
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 Octo-
ber 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 Commander
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.
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(b) FORCE STRUCTURE ALLOWANCE DEFINED.—For
purposes of this section, the force structure allowance for
a reserve component is the allowance prescribed for that re-
serve component by the Secretary of the military depart-
ment concerned pursuant to section 413 of the National De-
fense 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 Oppor-
tunity 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 Septem-
ber 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 authorized
average military training student loads as follows:
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(1) The Army, 75,220.
(2) The Navy, 45,269.
(3) The Marine Corps, 22,753.
(4) The Air Force, 33,439.
(b) ADJUSTMENTS.—The average military training
student loads authorized in subsection (a) shall be adjusted
consistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the manner
in which such adjustments shall be apportioned.
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 general
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 Command
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and General Staff Course, the College of Naval Com-
mand and Staff, the Air Command and 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 authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1994.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Active Components
SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR SEPARA-
TION PAY FOR REGULAR OFFICERS INVOLUN-
TARILY 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) shall
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apply with respect to any regular officer who is discharged
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 enact-
ment 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 ‘‘December 5,
1991’’ and inserting in lieu thereof ‘‘the date of the enact-
ment 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 amend-
ed by striking out ‘‘September 30, 1990’’ and inserting in
lieu thereof ‘‘September 30, 1991’’.
SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR TEM-
PORARY PROMOTION OF CERTAIN NAVY LIEU-
TENANTS.
(a) EXTENSION.—Section 5721(f) of title 10, United
States Code, is amended by striking out ‘‘September 30,
1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (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 OFFI-
CERS DISCHARGED FOLLOWING SELECTION
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 Sec-
retary concerned approves for discharge, following the re-
port of a selection board convened by the Secretary to select
officers for separation.
(2) This section applies in the case of any officer (in-
cluding a warrant officer) who, having been offered the op-
portunity to be discharged or otherwise separated from ac-
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tive 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 selec-
tion 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 im-
properly informed that such selection in that officer’s per-
sonal 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 discharge
was reduced by the quality of the officer’s record or by an
expected limitation on the number of discharges from the
officer’s occupational skill category, branch, corps, or other
administrative grouping of officers.
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(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 in-
formation on an individual personnel record or personnel
policy.
(d) REMEDY.—Upon a finding of ineffective counseling
under subsection (c), the Secretary shall provide the officer
the opportunity to participate, at the officer’s option, 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 program
under section 1175 of such title.
(3) The Temporary Early Retirement Authority
as authorized by section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law
102–484, October 23, 1992).
The officer must meet all eligibility criteria for the program
selected.
(e) EFFECTIVE DATE.—This section shall apply with
respect to officers separated after September 30, 1990.
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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 inserting 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).
SEC. 514. TWO-YEAR EXTENSION OF CERTAIN RESERVE OF-
FICER MANAGEMENT PROGRAMS.
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN
RESERVE
MEDICAL
OFFICERS.—Sections 3359(b) and
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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 ‘‘Sep-
tember 30, 1995’’.
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER
TO THE RETIRED RESERVE.—Section 1016(d) of the De-
partment of Defense Authorization Act, 1984 (10 U.S.C.
3360 note) is amended by striking out ‘‘September 30,
1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
(d) EFFECTIVE DATE.—(1) The amendments made by
this section shall take effect as of September 30, 1993.
(2) If the date of the enactment of this Act is after
September 30, 1993, the Secretary of the Army or the Sec-
retary of the Air Force, as appropriate, shall provide, in
the case of a Reserve officer appointed to a higher grade
on or after the date of the enactment of this Act under an
appointment described in paragraph (3), that the date of
rank of such officer under that appointment shall be the
date of rank that would have applied to the appointment
had the authority referred to in that paragraph not lapsed.
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(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, establish
one or more active cadre divisions of the Army as reserve
component training divisions. Each such active cadre divi-
sion shall be part of the active Army force structure 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
changes that the Secretary considers to be necessary for the
implementation of the plan.
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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 program
to determine the feasibility and advisability of applying the
roundout and roundup models for integration of active and
reserve component Army units at the battalion and com-
pany 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 company
levels would—
(1) decrease post-mobilization training time;
(2) increase the capabilities of reserve component
leaders;
(3) improve the integration of the active and re-
serve components; and
(4) provide a more efficient means for future ex-
pansion of the Army in a period of emergency or in-
creasing 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,
a report that includes the plan for the test program required
under subsection (a).
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(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 mobilization.
The roundout approach is the method of bringing an incom-
plete 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 COM-
PONENT 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 personnel
to serve as advisers under the program. After September 30,
1994, the number under the preceding sentence shall be in-
creased to not less than 5,000.’’.
(2) Subsection (d) of such section is amended by strik-
ing out the period at the end of the second sentence and
inserting in lieu thereof ‘‘, together with a proposal for any
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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 report
of the Secretary to Congress known as the Army Posture
Statement a presentation relating to the implementation of
the Pilot Program for Active Component Support of the Re-
serves under section 414 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 10 U.S.C. 261 note), as amended by subsection (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 accordance
with that program) compared with the promotion
rate for other officers considered for promotion from
within the promotion zone in the same pay grade and
the same competitive category, shown for all officers
of the Army.
(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
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Selected Reserve of the Ready Reserve (in accordance
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 Reform 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 ‘‘fis-
cal years 1994 through 1997’’.
(2) Subsection (d) of such section is amended by strik-
ing out ‘‘March 15, 1993’’ and ‘‘April 1, 1993’’ and insert-
ing in lieu thereof ‘‘December 15, 1993’’ and ‘‘January 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 ‘‘February 15,
1993’’ and inserting in lieu thereof ‘‘October 1, 1993’’.
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 following
new section:
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‘‘§ 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 respect
to the period covered by the report, the following informa-
tion concerning the Army National Guard:
‘‘(1) The number and percentage of officers with
at least two years of active-duty before becoming a
member of the Army National Guard.
‘‘(2) The number and percentage of enlisted per-
sonnel with at least two years of active-duty before be-
coming 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 active-duty
service obligation and of those officers—
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‘‘(A) the number who are serving the re-
maining period of their active-duty service obli-
gation as a member of the Selected Reserve pur-
suant 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 obli-
gation 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 pur-
suant 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.
‘‘(5) The number of officers who are graduates of
the Reserve Officers’ Training Corps program and
who are performing their minimum period of obli-
gated service in accordance with section 1112(b) of
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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 obli-
gation served in the National Guard and, of those of-
ficers, the number for whom permission to perform
their minimum period of obligated service in accord-
ance with that section was granted during the preced-
ing 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.
‘‘(7) The number of waivers during the preceding
fiscal year under section 1114 of ANGCRRA of any
standard prescribed by the Secretary establishing a
military education requirement for noncommissioned
officers and the reason for each such waiver.
‘‘(8) The number and distribution by grade,
shown for each State, of personnel in the initial entry
training and nondeployability personnel accounting
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category established under 1115 of ANGCRRA for
members of the Army National Guard who have not
completed the minimum training required for deploy-
ment or who are otherwise not available for deploy-
ment.
‘‘(9) The number of members of the Army Na-
tional Guard, shown for each State, that were dis-
charged during the previous fiscal year pursuant to
1115(c)(1) of ANGCRRA for not completing the mini-
mum training required for deployment within 24
months after entering the National Guard.
‘‘(10) The number of waivers granted by the Sec-
retary during the previous fiscal year under section
1115(c)(2) of ANGCRRA, shown for each State, of the
requirement in section 1115(c)(1) of ANGCRRA de-
scribed in paragraph (9), and the reason for each
waiver.
‘‘(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
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‘‘(B) the number and percentage who were
transferred 
pursuant 
to 
section 
1116 
of
ANGCRRA to the personnel accounting category
described in paragraph (8).
‘‘(12) The number of members, and the percent-
age of the total membership, of the Army National
Guard, shown for each State, who underwent a medi-
cal screening during the previous fiscal year as pro-
vided in section 1117 of ANGCRRA.
‘‘(13) The number of members, and the percent-
age of the total membership, of the Army National
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 percent-
age of the total membership, of the Army National
Guard, shown for each State, over the age of 40 who
underwent a full physical examination during the
previous fiscal year for purposes of section 1117 of
ANGCRRA.
‘‘(15) The number of units of the Army National
Guard that are scheduled for early deployment in the
event of a mobilization and, of those units, the num-
ber that are dentally ready for deployment in accord-
ance with section 1118 of ANGCRRA.
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‘‘(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 accomplished
for Army National Guard combat units in a post-mo-
bilization period, for purposes of section 1119 of
ANGCRRA.
‘‘(17) A description of the measures taken during
the preceding fiscal year to comply with the require-
ment in section 1120 of ANGCRRA to expand the use
of simulations, simulators, and advanced training de-
vices 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
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-
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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 inspections,
including the inspector’s determination for each
inspected 
unit 
of 
whether 
the 
unit 
met
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 associated
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—
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‘‘(A) the assessment of the commander of
that associated active-duty unit of the man-
power, equipment, and training resource require-
ments of that National Guard unit in accord-
ance 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 personnel
assigned to units of the Selected Reserve pursuant to
section 414(c)(4) of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (10 U.S.C.
261 note), shown (A) by State, (B) by rank of officers,
warrant officers, and enlisted members assigned, and
(C) by unit or other organizational entity of assign-
ment.
‘‘(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 ef-
fect. Before then, in the case of any such paragraph, the
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Secretary shall include any information that may be avail-
able concerning the topic covered by that paragraph.
‘‘(d) DEFINITION.—In this section, the term ‘State’ in-
cludes 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 (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 reductions
in the national defense structure planned through fis-
cal year 1998 will be adequate for the National
Guard to fulfill both its State and Federal missions.
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(2) Whether the system of assigning Federal mis-
sions to State Guard units could be altered to opti-
mize 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-shar-
ing 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 require-
ments related to those missions as the Secretary may
specify or the center carrying out the study may de-
termine necessary.
(c) FFRDC REPORTS.—(1) The Secretary shall re-
quire the center carrying out the study to submit an interim
report not later than May 1, 1994, and a final report not
later than November 15, 1994. Each report shall include
the findings, conclusions, and recommendations of the cen-
ter concerning each of the matters referred to in subsection
(b).
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(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 RE-
PORT.—(1) After the center carrying out the study submits
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
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 pur-
poses 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.
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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 insert-
ing 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.’’.
SEC. 522. TRANSITION BENEFITS FOR COAST GUARD RE-
SERVE.
(a) APPLICABILITY OF CERTAIN BENEFITS.—The Sec-
retary of Transportation shall prescribe such regulations as
necessary so as to apply to the members of the Coast Guard
Reserve the provisions of subtitle B of title XLIV of the De-
fense Conversion, Reinvestment, and Transition Assistance
Act of 1992 (division D of Public Law 102–484; 106 Stat.
2712), including the amendments made by those provisions.
For purposes of the application of any of such provisions
to the Coast Guard Reserve, any reference in those provi-
sions to the Secretary of Defense or Secretary of a military
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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 AUTHORITY.—
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
(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 SEPARATION
OF CERTAIN REGULAR WARRANT OFFICERS.
(a) IN GENERAL.—Chapter 33A of title 10, United
States Code, is amended by inserting after section 580 the
following new section:
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‘‘§ 580a. Enhanced authority for selective early dis-
charges
‘‘(a) The Secretary of Defense may authorize the Sec-
retary of a military department, during the two-year period
beginning on October 1, 1993, to take the action set forth
in subsection (b) with respect to regular warrant officers
of an armed force under the jurisdiction of that Secretary.
‘‘(b) The Secretary of a military department may,
with respect to regular warrant officers of an armed force,
when authorized to do so under subsection (a), convene se-
lection boards under section 573(c) of this title to consider
for discharge regular warrant officers on the warrant officer
active-duty list—
‘‘(1) who have served at least one year of active
duty in the grade currently held;
‘‘(2) whose names are not on a list of warrant
officers recommended for promotion; and
‘‘(3) who are not eligible to be retired under any
provision of law and are not within two years of be-
coming so eligible.
‘‘(c)(1) In the case of an action under subsection (b),
the Secretary of the military department concerned may
submit to a selection board convened pursuant to that
subsection—
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‘‘(A) the names of all regular warrant officers
described in that subsection in a particular grade and
competitive category; or
‘‘(B) the names of all regular warrant officers
described in that subsection in a particular grade and
competitive category who also are in particular year
groups or specialties, or both, within that competitive
category.
‘‘(2) The Secretary concerned shall specify the total
number of warrant officers to be recommended for discharge
by a selection board convened pursuant to subsection (b).
That number may not be more than 30 percent of the num-
ber of officers considered—
‘‘(A) in each grade in each competitive category;
or
‘‘(B) in each grade, year group, or specialty (or
combination thereof) in each competitive category.
‘‘(3) The total number of regular warrant officers de-
scribed in subsection (b) from any of the armed forces (or
from any of the armed forces in a particular grade) who
may be recommended during a fiscal year for discharge by
a selection board convened pursuant to the authority of that
subsection may not exceed 70 percent of the decrease, as
compared to the preceding fiscal year, in the number of
warrant officers of that armed force (or the number of war-
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rant officers of that armed force in that grade) authorized
to be serving on active duty as of the end of that fiscal year.
‘‘(4) A warrant officer who is recommended for dis-
charge by a selection board convened pursuant to the au-
thority of subsection (b) and whose discharge is approved
by the Secretary concerned shall be discharged on a date
specified by the Secretary concerned.
‘‘(5) Selection of warrant officers for discharge under
this subsection shall be based on the needs of the service.
‘‘(d) The discharge of any warrant officer pursuant to
this section shall be considered involuntary for purposes of
any other provision of law.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 33A 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 subpara-
graph (C))’’ in subparagraph (A) after ‘‘shall be sepa-
rated’’; and
(2) by adding at the end the following new sub-
paragraph:
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‘‘(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 warrant
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 applicable date
under subparagraph (A) or (B) of that paragraph.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to warrant officers who have not
been separated pursuant to section 580(a)(4) of title 10,
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
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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 members of
the Armed Forces in, that occupational career field is
evaluated on the basis of common, relevant perform-
ance 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
(3) may not change an occupational performance
standard for the purpose of increasing or decreasing
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 De-
fense) muscular strength and endurance and cardiovascular
capacity are relevant to the performance of duties in that
field, the Secretary shall prescribe specific physical require-
ments for members of the Armed Forces in that field and
shall apply those physical requirements on a gender-neutral
basis.
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(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 justification and ra-
tionale for the change.
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)—
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(1) a detailed description of, and justification
for, the proposed change to the ground combat exclu-
sion policy; and
(2) a detailed analysis of legal implication of the
proposed change with respect to the constitutionality
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 pol-
icy’’ means the military personnel policies of the Depart-
ment 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 Jus-
tice), is amended by adding at the end the following new
subsection:
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‘‘(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 apprehend
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.
‘‘(2) The Secretary of Defense shall prescribe by regula-
tion the definition of ‘domestic violence’ for purposes of this
subsection.
‘‘(3) In this subsection, the term ‘military law enforce-
ment official’ means a person authorized under regulations
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.
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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 following
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 status
of offenders confined in military correctional facilities to
be provided to victims and witnesses. Such procedures shall,
to the maximum extent practicable, be consistent with pro-
cedures of the Federal Bureau of Prisons for victim and
witness notification.’’.
(2) The table of sections at the beginning of such chap-
ter 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 cen-
tralized system required by that section not later than six
months after those procedures are prescribed.
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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 Uniform
Code of Military Justice (chapter 47 of title 10, United
States Code). In the report, the Secretary shall describe the
scope of the problem of stalking within the Armed Forces
and shall address whether existing procedures and punitive
articles under the Uniform Code of Military Justice ade-
quately protect members of the Armed Forces, and depend-
ents of members of the Armed Forces, who are threatened
with stalking. The Secretary shall include in the report such
recommendations for changes to law and regulations as the
Secretary determines to be necessary.
(b) STALKING.—For purposes of the report under sub-
section (a), stalking shall be considered to include actions
of a person in repeatedly following or harassing another
person with the intent of placing that person in reasonable
fear of sexual battery, bodily injury, or death in such a
way that a reasonable person would be caused to suffer sub-
stantial emotional distress and which cause that person to
suffer emotional distress.
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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 following
new section:
‘‘§ 1058. Abused dependents: payment of transitional
compensation
‘‘(a) AUTHORITY TO PAY COMPENSATION.—If a mem-
ber of the armed forces is separated from the armed forces
as described in subsection (b), the Secretary of the military
department concerned may pay monthly transitional com-
pensation in accordance with this section to dependents 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 convic-
tion results in the member being—
‘‘(i) administratively discharged with a
general discharge or under other than honorable
conditions; or
‘‘(ii) discharged or dismissed from the
armed forces by sentence of a court-martial; or
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‘‘(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
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 regu-
lations prescribed by the Secretary of Defense under
paragraph (2).
‘‘(2) The Secretary of Defense shall prescribe by regula-
tion 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
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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 com-
pensation 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 offense
resulting in the separation, such compensation shall
(except as otherwise provided in this subsection) 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 depend-
ent 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
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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 de-
termined as of the date on which the member is con-
victed of the dependent-abuse offense or, in a case de-
scribed in subsection (b)(1)(B), as of the date on
which the member is discharged.
‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—
(1) Payment of transitional compensation under this sec-
tion shall commence as of the date of the discontinuance
of the member’s pay and allowances pursuant to the separa-
tion or sentencing of the member.
‘‘(2) Payment of such compensation shall terminate at
the end of the dependents’ transitional period. The depend-
ents’ transitional period is the period (A) beginning on the
date on which the member is convicted of the dependent-
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 determined by
the Secretary concerned. Such transitional period may not
exceed 36 months, except that if the length of the member’s
service on active duty was less than 36 months, the transi-
tional period may not exceed the length of such service.
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‘‘(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 payment of de-
pendency and indemnity compensation under section
1311(a)(1) of title 38.
‘‘(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 remarries,
the Secretary shall terminate payment of such compensa-
tion, 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 termination of
such subsequent marriage.
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‘‘(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 de-
pendent child, to whom compensation is otherwise payable
under this section, the Secretary shall terminate payment
of such compensation, effective as of the time the former
member begins residing in such household. Compensation
paid for a period after the former member’s separation, 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 eligi-
bility for such payments, the Secretary 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 mem-
ber 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 regu-
lations prescribed under subsection (i)) that the spouse or
former spouse was an active participant in the conduct con-
stituting 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
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title. In the case of a spouse or former spouse for whom
a court order provides for payments by the Secretary pursu-
ant to section 1408(h)(1) of this title and to whom the Sec-
retary offers payments under this section, the spouse or
former spouse shall elect which to receive.
‘‘(i) REGULATIONS.—The Secretary of each military
department shall prescribe regulations to carry out this sec-
tion 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 resulting
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 physical
incapacity that existed before the age of 18 and who
is (or was at the time of the former member’s separa-
tion) dependent on the former member for over one-
half of the child’s support; or
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‘‘(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 approved
by the Secretary of Defense 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 sup-
port.’’.
(2) The table of sections at the beginning of such chap-
ter 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 dis-
charged 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 period
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,
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United States Code (article 69 of the Uniform Code of Mili-
tary Justice), is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
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 sec-
tion (i) in which the Judge Advocate General deter-
mines not to modify or set aside the findings or sen-
tence, in whole or in part, in accordance with the ap-
plication 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 deci-
sion of the Judge Advocate General.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to any case reviewed
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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.
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 sub-
section (a) shall take effect as if included in the amendment
to section 911 of title 10, United States Code, made by sec-
tion 1066(a)(1) of Public Law 102–484 on October 23,
1992.
Subtitle G—Other Matters
SEC. 571. CRITERIA FOR CLOSING SENIOR ROTC UNITS.
(a) CLOSURE CRITERIA.—Section 2102 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(e)(1) The Secretary of a military department may
not close a unit of the program that is located at a land
grant institution.
‘‘(2) The Secretary of a military department may not
close a unit of the program if there is no other unit of the
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program under the jurisdiction of the Secretary at an insti-
tution located in the State in which the unit being consid-
ered for closure is located.
‘‘(3) The Secretary of a military department may not
close a unit of the program that is not subject to paragraph
(1) or (2) unless the Secretary certifies to Congress, in ad-
vance of the closure, that the decision to close the unit is
based on—
‘‘(A) considerations of the cost per officer com-
missioned through that unit compared to the average
such cost per officer commissioned for all units of the
program under the jurisdiction of the Secretary; and
‘‘(B) considerations of the number (and percent-
age) of members of the program enrolled in that unit
who are expected to enter critical or hard to fill offi-
cer specialties compared to the average number (and
percentage) of such members for all units of the pro-
gram under the jurisdiction of the Secretary.’’.
(b) REVIEW OF RECENT CLOSURES.—The Secretary of
each military department shall review each closure of a sen-
ior Reserve Officers’ Training Corps unit under that Sec-
retary’s jurisdiction that was decided upon after January
1, 1991, and before the date of the enactment of this Act.
The Secretary concerned shall certify to Congress in each
case whether or not the closure decision was made in accord-
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ance with the criteria specified in section 2102(e) of title
10, United States Code, as added by subsection (a). In any
case in which the Secretary is unable to certify that such
closure decision was made in accordance with such criteria,
the Secretary shall reestablish that unit as soon as prac-
ticable and not later than the beginning of the first aca-
demic year beginning after the date of the enactment of this
Act.
SEC. 572. CHANGE IN TIMING OF REQUIRED DRUG AND AL-
COHOL TESTING AND EVALUATION OF APPLI-
CANTS FOR APPOINTMENT AS CADET OR MID-
SHIPMAN AND FOR ROTC GRADUATES.
Section 978(a)(3) of title 10, United States Code, is
amended—
(1) in the first sentence, by striking out ‘‘during
the physical examination given the applicant before
such appointment’’ and inserting in lieu thereof
‘‘within 72 hours of such appointment’’; and
(2) in the second sentence, by striking out ‘‘dur-
ing the precommissioning physical examination given
such person’’ and inserting in lieu thereof ‘‘before
such an appointment is executed’’.
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SEC. 
573. 
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 following
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 rea-
son of the provision of the agreement required under sub-
section (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 juris-
diction of the Secretary) to investigate the facts of the case
and hear evidence presented by the person who may owe
the debt and other parties, as appropriate, in order to deter-
mine the validity of the debt. That official shall report the
official’s findings and recommendations 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.
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‘‘(2) The Secretary of each military department shall
ensure that a member of the armed forces who may be sub-
ject to a reimbursement requirement under this section is
advised of such requirement before (1) submitting a request
for voluntary separation, or (2) making a decision on a
course of action regarding personal involvement in admin-
istrative, nonjudicial, and judicial action resulting from al-
leged 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 section
2005 of title 10, United States Code, as added by subsection
(a), shall apply with respect to persons separated from the
Armed Forces after the end of the six-month period begin-
ning 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. 574. 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 subsection:
‘‘(e) A power of attorney signed by a person authorized
to receive legal assistance under section 1044 of this title
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and notarized by a person authorized to do so under this
section shall be recognized as lawful and given full effect
by any person to whom it is presented, notwithstanding
any provision of law regulating the granting of a power
of attorney in any State, territory, or other jurisdiction of
the United States.’’.
SEC. 575. POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) CODIFICATION.—(1) Chapter 37 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 654. Policy concerning homosexuality in the armed
forces
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Section 8 of article I of the Constitution of
the United States commits exclusively to the Congress
the powers to raise and support armies, provide and
maintain a Navy, and make rules for the government
and regulation of the land and naval forces.
‘‘(2) There is no constitutional right to serve in
the armed forces.
‘‘(3) Pursuant to the powers conferred by section
8 of article I of the Constitution of the United States,
it lies within the discretion of the Congress to estab-
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lish qualifications for and conditions of service in the
armed forces.
‘‘(4) The primary purpose of the armed forces is
to prepare for and to prevail in combat should the
need arise.
‘‘(5) The conduct of military operations requires
members of the armed forces to make extraordinary
sacrifices, including the ultimate sacrifice, in order to
provide for the common defense.
‘‘(6) Success in combat requires military units
that are characterized by high morale, good order and
discipline, and unit cohesion.
‘‘(7) One of the most critical elements in combat
capability is unit cohesion, that is, the bonds of trust
among individual service members that make the
combat effectiveness of a military unit greater than
the sum of the combat effectiveness of the individual
unit members.
‘‘(8) Military life is fundamentally different
from civilian life in that—
‘‘(A) the extraordinary responsibilities of
the armed forces, the unique conditions of mili-
tary service, and the critical role of unit cohe-
sion, require that the military community, while