National Defense Authorization Act for Fiscal Year 1994
PL 103-160 (H.R.2401), enacted 11/30/1993

PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1547 
Public Law 103-160 
103d Congress 
An Act 
To authorize appropriations for fiscal year 1994 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart- 
Nov. 30, 1993 
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
[H.R. 2401] 
Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
National 
Defense 
SECTION 1. SHORT TITLE. 
Authorization 
This Act may be cited as the "National Defense Authorization Year 1994 
Act for Fiscal Year 1994". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—^This Act is organized into three divisions as 
follows: 
(1) Division A—^Department of Defense Authorizations. 
(2) Division B—^Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TTTLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Defense Inspector General. 
Sec. 106. Reserve components. 
Sec. 107. Chemical demilitarization program. 
Sec. 108. National Shipbuilding Initiative. 
Sec. 109. Denial of mmtiyear procurement authorization. 
Subtitle B—Army Programs 
Sec. 111. Procurement of helicopters. 
Sec. 112. Light utility helicopter modernization. 
Sec. 113. Nuclear, biological, and chemical protective masks. 
Sec. 114. Chemical agent monitoring program. 
Sec. 115. Close Combat Tactical Trainer Quickstart program. 
Subtitle C—^Navy Programs 
Sec. 121. Seawolf attack submarine program. 
Sec. 122. Trident II (D-5) missile procurement. 
107 STAT. 1548 
PUBLIC LAW 103-160—NOV. 30, 1993 
Sec. 123. Study of Trident missile submarine program. 
Sec. 124. MK-48 ADCAP torpedo program. 
Sec. 125. SSN acoustics master plan. 
Sec. 126. Long-term lease or charter authority for certain double-hull tankers and 
oceanographic vessels. 
Sec. 127. Long-term lease or charter authority for certain Roll-On/Roll-Off vessels. 
Sec. 128. F - l i aircraft upgrade program. 
^ 
Subtitle D—-Air Force Programs 
Sec. 131. B-2 bomber aircraft program. 
Sec. 132. B-IB bomber aircraft program. 
Sec. 133. Full and prompt access by Comptroller General to information on heavy 
bomber programs. 
Sec. 134. C-17 aircraft program progress pajnnents and reports. 
Sec. 135. Live-fire survivability testmg of the C-17 aircraft. 
Sec. 136. Intertheater airlift program. 
Sec. 137. Use of F-16 aircraft advance procurement funds for program termination 
costs. 
Sec. 138. Tactical signals intelligence aircraft. 
Sec. 139. C-135 aircraft program. 
Subtitle E—Other Matters 
Sec. 151. ALQ-135 jammer device. 
Sec. 152. Global Positioning System. 
Sec. 153. Ring laser gyro navigation systems. 
Sec. 154. Operational support aircraft. 
Sec. 155. Administration of chemical demilitarization program. 
Sec. 156. Chemical mtmitions disposal facilities, Tooele Army Depot, Utah. 
Sec. 157. Authority to convey Los Alamos dry dock. 
Sec. 158. Sales authority of certain working-capital funded industrial facilities of 
the Army. 
Sec. 159. Space-based missile warning and surveillance programs. 
TITLE 
n—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic research and exploratory development. 
Sec. 203. Strategic Environmental Research and Development Program. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Kinetic Energy Antisatellite Program. 
Sec. 212. B-IB bomber program. 
Sec. 213. Space launch mo(fernization plan. 
Sec. 214. Medical countermeasures against biowarfare threats. 
Sec. 215. Federally funded research and development centers. 
Sec. 216. Demonstration program for ballistic missile post-launch destruct mecha-
nism. 
Sec. 217. High Performance Computing and Communication Initiative. 
Sec. 218. Superconducting Magnetic Energy Storage (SMES) program. 
Sec. 219. Advanced Self Protection Jammer (ASPJ) Program. 
Sec. 220. Electronic combat systems testing. 
Sec. 221. Limitation on flight tests of certam missiles. 
Sec. 222. Joint Advanced Rocket System. 
Sec. 223. Standoff Air-to-Surface mvmitions technology demonstration. 
Sec. 224. Standard extremely high frequency waveform. 
Sec. 225. Extension of prohibition on testing Mid-Infrared Advanced Chemical 
Laser against an object in space. 
Subtitle C—^Missile Defense Programs 
Sec. 231. Funding for ballistic missile defense programs for fiscal year 1994. 
Sec. 232. Revisions to Missile Defense Act of 1991. 
Sec. 233. Patriot Advanced Capability-3 theater missile defense system. 
Sec. 234. Compliance of ballistic missile defense systems and components with 
ABM Treaty. 
Sec. 235. Theater missile defense master plan. 
Sec. 236. Limited Defense System development plan. 
Sec. 237. Theater and Limited Defense System testing. 
Sec. 238. Arrow Tactical Anti-Missile program. 
Sec. 239. Report on Arrow Tactical Anti-Missile program. 
Sec. 240. Technical amendments to annual report requirement to reflect creation of 
Ballistic Missile Defense Organization. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1549 
Sec. 241. Clementine satellite program. 
Sec. 242. Cooperation of United States allies on development of tactical and theater 
missile defenses. 
Sec. 243. Transfer of follow-on technology programs. 
Subtitle D—Women's Health Research 
Sec. 251. Defense Women's Health Research Center. 
Sec. 252. Inclusion of women lemd minorities in clinical research projects. 
Subtitle E—Other Matters 
Sec. 261. Nuclear weapons effects testing by Department of Defense. 
Sec. 262. One-year delay in transfer of management responsibility for Navy mine 
countermeasures program to the Erector, Defense Research and Engi-
neering. 
Sec. 263. Termination, reestablishment, and reconstitution of an Advisory Council 
on Semiconductor Technolo^. 
Sec. 264. Navy Uurge cavitation channel^ Memphis, Tennessee. 
Sec. 265. Strat^c Environmental Research Council. 
Sec. 266. Repearofre<)uirement for study by Office of Technology Assessment. 
Sec. 267. Comprehensive independent study of national cryptography policy. 
Sec. 268. Review of assignment of defense research and development categories. 
Sec. 269. Authorized use for facilil^ constructed with prior defense grant nmds. 
Sec. 270. Grant to support research on exposure to hazardous agents and materials 
by military personnel who served in the Persian Gulf War. 
Sec. 271. Research on enosure to depleted uranium by military personnel who 
served in the Persian Gulf War. 
Sec. 272. Sense of Congress on metalcasting and ceramic semiconductor package 
industries. 
TITLE m—OPERATION AND BIAINTENANCE 
Subtitie A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. National Security Education Trust Fund obligations. 
Sec. 305. Transfer from National Defense Stockpile Fund. 
Sec. 306. Funds for clearing landmines. 
Subtitle B—^Limitations 
Sec. 311. Prohibition on operation of Naval Air Station, Bermuda. 
Sec. 312. Limitation on the use of appropriated funds for Department of Defense 
golf courses. 
Sec. 313. Prohibition on the use of certain cost comparison studies. 
Sec. 314. Limitation on contracts with certain ship repair companies for ship 
repair. 
Sec. 315. Requirement of performance in the United States of certain reflagging or 
repair work. 
Sec. 316. Prohibition on joint civil aviation use of Selfridge Air National Guard 
Base, Michigan. 
Sec. 317. Location of certain prepositioning facilities. 
Subtitie C—^Defense Business Operations Fund 
Sec. 331. Extension of authority for use of the Defense Business Operations Fund. 
Sec. 332. Implementation of the Defense Business Operations Fund. 
Sec. 333. Charges for goods and services provided through the Defense Business 
Operations Fund. 
Sec. 334. Limitation on obligations against the Defense Business Operations Fund. 
Subtitle D—Depot-Level Activities 
Sec. 341. Department of Defense depot task force. 
Sec. 342. Limitation on consolidation of management of depot-level maintenance 
workload. 
Sec. 343. Continuation of certain percentage limitations on the performance of 
depot-level maintenance. 
Sec. 344. Sense of Congress on the performance of certain depot-level work by for-
eign contractors. 
Sec. 345. Sense of Congress on the role of depot-level activities of the Department 
of Defense. 
Sec. 346. Contracts to perform workloads previously performed by depot-level 
activities of the Department of Deiense. 
107 STAT. 1550 
PUBLIC LAW 103-160—NOV. 30, 1993 
Sec. 347. Authority to waive certain claims of the United States. 
Subtitle E—Commissaries and Military Exchanges 
Sec. 351. Prohibition on operation of commissary stores by active duty members of 
the Aimed Forces. 
Sec. 352. Modernization of automated data processing capability of the Defense 
Commissary Agency. 
Sec. 353. Operation of Stars and Stripes bookstores overseas by the military 
exchanges. 
Sec. 354. Availability of funds for relocation expenses of the Navy Exchange Service 
Command. 
Subtitle F—Other Matters 
Sec. 361. Emergency and extraordinary expense authority for the Inspector General 
of the Department of Defense. 
Sec. 362. Authority lor civilian employees of the Army to act on reports of survey. 
Sec. 363. Extension of guidelines for reductions in civilian positions. 
Sec. 364. Authority to extend mailing privileges. 
Sec. 365. Extension and modification of pilot program to use National Guard per-
sonnel in medically underserved communities. 
Sec. 366. Amendments to the Armed Forces Retirement Home Act of 1991. 
Sec. 367. Modification of restriction on repair of certain vessels the homeport of 
which is planned for reassignment. 
Sec. 368. Escorts and flags for civilian employees who die while serving in an 
armed conflict with the Armed Forces. 
Sec. 369. Maintenance and repair of Pacific battle monuments. 
Sec. 370. One-year extension of certain programs. 
Sec. 371. Ships' stores. 
Sec. 372. Promotion of civilian marksmanship. 
Sec. 373. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employ-
ees. 
Sec. 374. B u ^ e t information on Department of Defense recruiting expenditures. 
Sec. 375. Revision of authorities on National Security Education Trust Fund. 
Sec. 376. Annual assessment of force readiness. 
Sec. 377. Reports on transfers of certain funds. 
Sec. 378. Report on replacement sites for Army Reserve Facility in Marcus Hook, 
Pennsylvania. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Temporary variation of end strength limitations for Marine Corps mayors 
and lieutenant colonels. 
Sec. 403. Army end strength. 
Sec. 404. Report on end strengths necessary to meet levels assumed in Bottom Up 
Review. 
Subtitle B—^Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. Increase in number of members in certain grades authorized to be on 
active duty in support of the Reserves. 
Sec. 414. Force structure allowance for Army National Guard. 
Sec. 415. Personnel level for Navy Craft of Opportimity (COOP) Program. 
Subtitle C—^Military Training Student Loads 
Sec. 421. Authorization of training student loads. 
Subtitle D—^Authorization of Appropriations 
Sec. 431. Authorization of appropriations for military personnel. 
TITLE V—MIUTARY PERSONNEL POLICY 
Subtitle A—Active Components 
Sec. 501. Years of service for eligibility for separation pay for regular ofRcers invol-
untarily dischar^^ed. 
Sec. 502. Expansion of eligibility for Voluntary Separation Incentive and Special 
Separation Benefits programs. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1551 
Sec. 503. Members eligibile for involuntary separation benefits. 
Sec. 504. Temporary authority for involuntai^ separation of certain regular war-
rant officers. 
Sec. 505. Determination of service for warrant officer retirement sanctiiary. 
Sec. 506. Officers ineligible for consideration by early retirement boards. 
Sec. 507. Remedy for ineffective counseling of officers discharged following selection 
by early discharge boards. 
Sec. 508. Two-year extension of authority for temporary promotions of certain Navy 
lieutenants. 
Sec. 509. Award of constructive service credit for advanced education in a health 
profession upon original appointment as an officer. 
Sec. 510. Original appomtment as regular officers of certain reserve officers in 
health professions. 
Subtitle B—^Reserve Components 
Sec. 511. Exception for health care providers to requirement for 12 weeks of basic 
training before assignment outside United States. 
Sec. 512. Number of full-time reserve personnel who may be assigned to ROTC 
duty. 
Sec. 513. Repeal of mandated reduction in Army Reserve component full-time man-
ning end strength. 
Sec. 514. Two-year extension of certain reserve officer management authorities. 
Sec. 515. Active component support for reserve training. 
Sec. 516. Test program for Reserve Combat Maneuver Unit integration. 
Sec. 517. Revisions to pilot program for active component support of the reserves. 
Sec. 518. Educational assistance for graduate programs tor members of the 
Selected Reserve. 
Sec. 519. Frequency of physical examinations of members of the Ready Reserve. 
Sec. 520. Revision of certain deadlines under Army National Guard Combat Readi-
ness Reform Act. 
Sec. 521. Annual report on implementation of Army National Guard Combat Readi-
ness Reform Act. 
Sec. 522. FFRDC study of Sta1« and Federal missions of the National Guard. 
Sec. 523. Consistency of treatment of National Guard technicians and other mem-
bers of the National Guard. 
Sec. 524. National Guard management initiatives. 
Subtitle C—Service Academies 
Sec. 531. Congressional nominations. 
Sec. 532. Technical amendment related to change in nature of commission of serv-
ice academy graduates. 
Sec. 533. Management of civilian facultv at Military and Air Force Academies. 
Sec. 534. Evaluation of requirement that officers and civilian faculty members 
report violations of Naval Academy regulations. 
Sec. 535. Prohibition of transfer of Naval Academy Preparatory School. 
Sec. 536. Test program to evaluate use of private preparatory schools for service 
academy preparatory school mission. 
Subtitle D—^Women in the Service 
Sec. 541. Repeal of the statutory restriction on the assignment of women in the 
Navy and Marine Corps. 
Sec. 542. Notice to Congress of proposed changes in combat assignments to which 
female members may be assigned. 
Sec. 543. Gender-neutral occupational performance standards. 
Subtitle E—Victims' Rii^ts and Family Advocacy 
Sec. 551. Responsibilities of military law enforcement officials at scenes of domestic 
violence. 
Sec. 552. Improved procedures for notification of victims and witnesses of status of 
prisoners in military correctional facilities. 
Sec. 553. Study of stalking by persons subject to UCMJ. 
Sec. 554. Transitional compensation for dependents of members of the Armed 
Forces discharged for dependent abuse. 
Sec. 555. Clarification of eligibility for benefits for dependent victims of abuse by 
members of the ^ m e d Forces pending loss of retired pay. 
Subtitle F—^Force Reduction Transition 
Sec. 561. Extension through fiscal year 1999 of certain force draw-down transition 
authorities relating to personnel management and benefits. 
Sec. 562. Retention in an active status of enlisted Reserves with between 18 and 
20 years of service. 
107 STAT. 1552 
PUBLIC LAW 103-160—NOV. 30, 1993 
Sec. 563. Authority to order early Reserve retirees to active duty. 
Sec. 564. Applicability to Coast Guard Reserve of certain reserve components tran-
sition initiatives. 
Subtitle G—Other Matters 
Sec. 571. Policy concerning homosexuality in the Armed Forces. 
Sec. 572. Change in timing of required drug and alcohol testing and evaluation 
of applicants for appointment as cadet or midshipman and for ROTC 
graduates. 
Sec. 573. Reimbursement requirements for advanced education assistance. 
Sec. 574. Recognition by States of military powers of attorney. 
Sec. 575. Foreign language proficiency test program. 
Sec. 576. Clarification of punitive UCMJ article regarding drunken driving. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—^Pay and Allowances 
Sec. 601. Military pay raise for fiscal year 1994. 
Sec. 602. Continuation of rate of basic pay applicable to certain members with over 
24 years of service. 
Sec. 603. Pay for students at service academy preparatory schools. 
Sec. 604. Variable housing allowance for certain members who are required to pay 
child support and who are assigned to sea duty. 
Sec. 605. Evacuation advance pay. 
Subtitle B—^Bonuses and Special and Incentive Pays 
Sec. 611. Extension of authority for bonuses and special pay for nurse officer can-
didates, registered nurses, and nurse anesthetists. 
Sec. 612. Extension and modification of certain bonuses for reserve forces. 
Sec. 613. Extension of authority relating to payment of other bonuses and special 
pays. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 621. Reimbursement of temporary lodging expenses. 
Sec. 622. Payment of losses incurred or collection of gains realized due to fluctua-
tions in foreign currency in connection with housing members in private 
housing abroad. 
Subtitle D—Other Matters 
Sec. 631. Revision of definition of dependents for purposes of allowances. 
Sec. 632. Clarification of eligibility for tuition assistance. 
Sec. 633. Sense of Congress regarding the provision of excess leave and permissive 
temporary duty for members from outside the continental United 
States. 
Sec. 634. Special pay for certain disabled members. 
TITLE Vn—HEALTH CARE PROVISIONS 
Subtitle A—^Health Care Services 
Sec. 701. Primary and preventive health care services for women. 
Sec. 702. Revision of definition of dependents for purposes of health benefits. 
Sec. 703. Authorization to expand enrollment in the dependents' dental program to 
certain members returning from overseas assignments. 
Sec. 704. Authorization to apply section 1079 payment rules for the spouse and 
children of a member who dies while on active duty. 
Subtitle B—Changes to Existing Laws Regarding Health Care Management 
Sec. 711. Codification of CHAMPUS Peer Review Organization program proce-
dures. 
Sec. 712. Increased flexibility for personal service contracts in military medical 
treatment facilities. 
Sec. 713. Expansion of the program for the collection of health care costs from 
tnird-party payers. 
Sec. 714. Alternative resource allocation method for medical facilities of the uni-
formed services. 
Sec. 715. Federal preemption regarding contracts for medical and dental care. 
Sec. 716. Specialized treatment 
facility 
program 
authority 
and issuance of 
nonavailability of health care statements. 
Sec. 717. Delay of termination authority regarding status of certain facilities as 
Uniformed Services Treatment Facilities. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1553 
Sec. 718. Manased-care deliven' and reimbursement model for the Uniformed Serv-
ices Treatment Facilities. 
Sec. 719. Flexible deadline for continuation of CHAMPUS reform initiative in 
Hawaii and California. 
Sec. 720. Clarification of conditions on expansion of CHAMPUS reform initiative to 
other locations. 
Sec. 721. Report regarding demonstration programs for the sale of pharmaceuticals. 
SubtiUe C—Other Blatters 
Sec. 731. Use of health maintenance organization model as option for military 
health care. 
Sec. 732. Clarification of authority for graduate student program of the Uniformed 
Services University of the Health Sciences. 
Sec. 733. Authority for the Armed Forces Institute of Pathology to obtain additional 
distinguished pathologists and scientists. 
Sec. 734. Authorization for automated medical record capability to be included in 
medical information system. 
Sec. 735. Report on the provision of primary and preventive health care services for 
women. 
Sec. 736. Independent study of conduct of medical study by Arctic Aeromedical 
Laboratory, Ladd Air Force Base, Alaska. 
Sec. 737. Availability of report regarding the CHAMPUS chiropractic demonstra-
tion. 
Sec. 738. Sense of Congress iregarding the provision of adequate medical care to 
covered beneficiaries under the military medical system. 
TITLE Vni—ACQUISITION POUCY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—^Defense Technology and Industrial Base, Reinvestment, and 
Conversion 
Sec. 801. Industrial Preparedness Manufacturing Technology Program. 
Sec. 802. University Research Initiative Support Program. 
Sec. 803. Operating Committee of tJie Critical Technologies Institute. 
Subtitle B—Acquisition Assistance Programs 
Sec. 811. Contract goal for disadvantaged small businesses and certain institutions 
of higher education. 
Sec. 812. Procurement technical assistance programs. 
Sec. 813. Pilot Mentor-Protege Program funding and improvements. 
Subtitle C—^Provisions to Revise and Consolidate Certain Defense 
Acquisition Laws 
Sec. 821. Repeal and amendment of obsolete, redundant, or otherwise unnecessary 
laws applicable to Department of Defense generally. 
Sec. 822. Extension to Department of Defense generally of certain acquisition laws 
applicable to the Army and Air Force. 
Sec. 823. Repeal of certain acquisition laws applicable to the Arm^ and Air Force. 
Sec. 824. Consolidation, repeal, and amendment of certain acquisition laws applica-
ble to the Navy. 
Sec. 825. Additional authority to contract for fuel storage and management. 
Sec. 826. Additional authority relating to the acquisition of petroleum and natural 
gas. 
Sec. 827. Amendment of research authorities. 
Sec. 828. Technical and clericsl amendments relating to acquisition laws. 
Subtitle D—^Defense Acquisition Pilot Programs 
Sec. 831. Reference to Defense Acquisition Pilot Program. 
Sec. 832. Defense Acquisition Pilot Program amendments. 
Sec. 833. Mission oriented program management. 
Sec. 834. Savings objectives. 
Sec. 835. Program phases and phase funding. 
Sec. 836. Program work force policies. 
Sec. 837. Efficient contracting processes. 
Sec. 838. Contract administration: performance based contract management. 
Sec. 839. Contractor performance assessment. 
Subtitle E—Other Matters 
Sec. 841. Reimbursement of indirect costs of institutions of higher education under 
Department of Defense contracts. 
107 STAT. 1554 
PUBLIC LAW 103-160—NOV. 30, 1993 
Sec. 842. Prohibition on award of certain Department of Defense and Department 
of Energy contracts to entities controlled by a foreign government. 
Sec. 843. Reports by defense contractors of dealings with terrorist countries. 
Sec. 844. Departmentof Defense purchases through other agencies. 
Sec. 845. Authority of the Advanced Research Projects Agency to carry out certain 
prototype projects. 
Sec. 846. Improvement of pricing policies for use of msoor range and test facility 
installations of the military departments. 
Sec. 847. Contract bimdling. 
Sec. 848. Prohibition on competition between Department of Defense and small 
businesses for certain maintenance contracts. 
Sec. 849. Buy American provisions. 
Sec. 850. Clarification to Small Business Competitiveness Demonstration Program 
,.....,^^^: Act. 
TITLE DC—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Office of the Secretary of Defense 
Sec. 901. Enhanced position for Comptroller of Department of Defense. 
Sec. 902. Additional responsibilities of the Comptroller. 
Sec. 903. New position of Under Secretary of Ijefense for Personnel and Readiness. 
Sec. 904. Redesignation of positions of Under Secretary and Deputy Under Sec-
retary of Defense for Acquisition. 
Sec. 905. Assistant Secretary of Defense for Legislative Affairs. 
Sec. 906. Further conforming amendments to chapter 4 of title 10, United States 
Code. 
Sec. 907. Director of Operational Test and Evaluation. 
Subtitle B—^Professional Military Education 
Sec. 921. Congressional findings concerning professional military education schools. 
Sec. 922. Authority for award oy National Defense University of certain master of 
science degrees. 
Sec. 923. Authority to employ civilian faculty members at George C. Marshall Eu-
ropean Center for Security Studies. 
Subtitle C—Joint Officer Personnel Policy 
Sec. 931. Revision of Goldwater-Nichols requirement of service in a joint duty as-
signment before promotion to general or flag grade. 
Sec. 932. Joint duty credit for certain duty performed during Operations Desert 
Shield and Desert Storm. 
Sec. 933. Flexibility for required post-education joint duty assignment. 
Subtitle D—Other Matters 
Sec. 941. Army Reserve Command. 
Sec. 942. Flexibility in administering requirement for annual four percent reduc-
tion in number of personnel assigned to headquarters and headquarters 
support activities. 
Sec. 943. Report on Department of Defense Bottom Up Review. 
Sec. 944. Repeal of termination of requirement for a Director of Expeditionary War-
fare in the Office of the Chief of Naval Operations. 
Sec. 945. CINC Initiative Fund. 
Subtitle E—Commission on Roles and Bfissions of the Armed Forces 
Sec. 951. Finding. 
Sec. 952. Establishment of Commission. 
Sec. 953. Duties of Commission. 
Sec. 954. Reports. 
Sec. 955. Powers. 
Sec. 956. Commission procedures. 
Sec. 957. Personnel matters. 
Sec. 958. Miscellaneous administrative provisions. 
Sec. 959. Payment of Commission expenses. 
Sec. 960. Termination of the Commission. 
TITLE X—ENVIRONMENTAL PROVISIONS 
Sec. 1001. Annual environmental r^x>rts. 
Sec. 1002. Indemnification of transferees of closing defense property for releases of 
petroleum and petroleum derivatives. 
Sec. 1003. Shipboard plastic and solid waste control. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1555 
Sec. 1004. Extension of applicability period for reimbursement for certain liabilities 
arising under nazardous waste contracts. 
Sec. 1005. Prohibition on the purchase of surety bonds and other guaranties for the 
Department of D<$fense. 
TITLE Xl-GENERAL. PROVISIONS 
Subtitle A—Financial Matter* 
Sec. 1101. Transfer authority. 
Sec. 1102. Clarification of scope of authorizations. 
Sec. 1103. Incorporation of classified annex. 
Sec. 1104. Revision of date for submittal of joint report on scoring of budget out-
lays. 
Sec. 1105. Comptroller General audits of acceptance by Department of Defense of 
property, services, and contributions. 
Sec. 1106. Limitation on transferring defense fimds to other departments and agen-
cies. 
Sec. 1107. Sense of Congress concerning defense budget process. 
Sec. 1108. Funding structure for contingency operations. 
Subtitle B—Fiscal Year 1993 Authorization Matters 
Sec. 1111. Authority for obligation of certain unauthorized fiscal year 1993 defense 
appropriations. 
Sec. 1112. Obligation of certain appropriations. 
Sec. 1113. Supplemental authorization of appropriations for fiscal year 1993. 
Subtitle C—Counter-Drug Activities 
Sec. 1121. Department of Defense support for counter-drug activities of other 
agencies. 
Sec. 1122. Requirement to establish procedures for State and local governments to 
buy law enforcement equipment suitable for counter-drug activities 
through the Department of Defense. 
Subtitle D—^Matters Relating to Reserve Components 
Sec. 1131. Review of Air Force plans to transfer heavy bombers to reserve compo-
nents units. 
Subtitle E—Awards and Decorations 
Sec. 1141. Award of purple heart to members killed or wounded in action by fiiend-
ly fire. 
Sec. 1142. Sense of Congress relating to award of the Navy Expeditionary Medal 
to Navy members supporting Doolittle Raid on Tokyo. 
Sec. 1143. Award of gold star lapel buttons to survivors of service members killed 
by terrorist acts. 
Subtitle F—^Recordkeeping and Reporting Requirements 
Sec. 1161. Termination of Department of Defense reporting requirements deter-
mined by Secretary of Defense to be unnecessary or incompatible with 
efficient management of the Department of Defense. 
Sec. 1152. Reports relating to certain special access programs and similar 
programs. 
Sec. 1153. Identification of service in Vietnam in the computerized index of the Na-
tional Personnel Records Center. 
Sec. 1154. Report on personnel requirements for control of transfer of certain 
weapons. 
Sec. 1155. Report on food supply and distribution practices of the Department of 
Defense. 
Subtitle G—Congressional Findings, Policies, Commendations, and 
Commemorations 
Sec. 1161. Sense of Congress iregarding justification for continuing the Extremely 
Low Frequency (ELF) communication system. 
Sec. 1162. Sense of Congress regarding the importance of naval oceanographic sur-
vey and research in the post-cold war period. 
Sec. 1163. Sense of Congress regarding United States policy on plutonivmi. 
Sec. 1164. Sense of Senate on entry into the United States of certain former mem-
bers of tiie Iraqi armed forces. 
Sec. 1165. U.S.S. Indianapolis Memorial, Indianapolis, Indiana. 
107 STAT. 1556 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle H—other Matters 
Sec. 1171. Procedures for handling war booty. 
Sec. 1172. Basing for C-130 aircraft. 
Sec. 1173. Transportation of cargoes by water. 
Sec. 1174. Modification of authority to conduct National Guard Civilian Youth Op-
portunities Program. 
Sec. 1175. Enective date tor changes in Servicemen's Group Life Insurance 
Program. 
Sec. 1176. Eligibility of former prisoners of war for burial in Arlington National 
Cemetery. 
Sec. 1177. Redesignation of Hanford Arid Lands Ecology Reserve. 
Sec. 1178. Aviation Leadership Program. 
Sec. 1179. Administrative improvements in the Goldwater Scholarship and Excel-
lence in Education Program. 
Sec. 1180. Transfer of obsolete destroyer tender Yosemite. 
Sec. 1181. Transfer of obsolete heavy cruiser U.S.S. Salem. 
Sec. 1182. Technical and clerical amendments. 
Sec. 1183. Security clearances for civilian employees. 
Sec. 1184. Videotaping of investigative interviews. 
Sec. 1185. Investigations of deaths of members of the Armed Forces from self-in-
flicted causes. 
Sec. 1186. Export loan guarantees. 
TITLE Xn—COOPERATIVE THREAT REDUCTION WITH STATES OF 
FORMER SOVIET UNION 
Sec. 1201. Short title. 
Sec. 1202. Finding on cooperative threat reduction. 
Sec. 1203. Authority for programs to facilitate cooperative threat reduction. 
Sec. 1204. Demilitarization Enterprise Fund. 
Sec. 1205. Funding for fiscal year 1994. 
Sec. 1206. Prior notice to Congress of obligation of funds. 
' 
Sec. 1207. Semiannual report. 
Sec. 1208. Appropriate congressional committees defined. 
Sec. 1209. Authorization for additional fiscal year 1993 assistance to the independ-
ent states of the former Soviet Union. 
TITLE Xni—DEFENSE CONVERSION, REINVESTMENT, AND 
TRANSITION ASSISTANCE 
Sec. 1301. Short title. 
Sec. 1302. Funding of defense conversion, reinvestment, and transition assistance 
programs for fiscal year 1994. 
Sec. 1303. Reports on defense conversion, reinvestment, and transition assistance 
programs. 
Subtitle A—Defense Technology and Industrial Base, Defense 
Reinvestment, and Defense Conversion 
Sec. 1311. Funding of defense dual-use partnerships program for fiscal year 1994. 
Sec. 1312. Defense technology and industrial base, reinvestment, and conversion 
planning. 
Sec. 1313. Congressional defense policy concerning defense technology and indus-
trial base, reinvestment, and conversion. 
Sec. 1314. Expansion of businesses eligible for loan guarantees under the defense 
dual-use assistance extension program. 
Sec. 1315. Consistency in financial commitment requirements of non-Federal Gov-
ernment participants in technology reinvestment projects. 
Sec. 1316. Additional criteria for the selection of regional technology alliances. 
Sec. 1317. Conditions on funding of defense technology reinvestment projects. 
Subtitle B—Community Adjustment and Assistance Programs 
Sec. 1321. Adjustment and diversification assistance for States and local govern-
ments from the Office of Economic Adjustment. 
Sec. 1322. Assistance for communities adversely affected by catastrophic or mul-
tiple base closures or realignments. 
Sec. 1323. Continuation of pilot project to improve economic adjustment planning. 
Subtitle C—^Personnel Adjustment, Education, and Training Programs 
Sec. 1331. Continuation of teacher and teacher's aide placement programs. 
Sec. 1332. Programs to place separated members in emplojrment positions with law 
enforcement agencies and health care providers. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1557 
Sec. 1333. Grants to institutions of higher education to provide education and 
training in environmental restoration to dislocated defense workers 
and young adults. 
Sec. 1334. Environmental education opportunities program. 
Sec. 1335. Training and employment of Department of Defense employees to cany 
out environmental restoration at military installations to be closed. 
Sec. 1336. Revision to improvements to employment and training assistance for dis-
located workers. 
Sec. 1337. Demonstration pro|nram for the training of recently discharged veterans 
for employment m construction and m hazardous waste remediation. 
Sec. 1338. Service members o<xupational conversion and training. 
Sec. 1339. Amendments to defense diversification program under Job Training 
Partnership Act. 
Subtiae D~National Shipbuilding Initiative 
Sec. 1351. Short title. 
Sec. 1352. National Shipbuilding Initiative. 
Sec. 1353. Department of Defense program management through Advanced Re-
search Projects Agency. 
Sec. 1354. Advanced Research Projects Ageni^ functions and minimum financial 
commitment of non-Federal Government participants. 
Sec. 1355. Authority for Secrotaiy of Transportation to make loan guarantees. 
Sec. 1356. Loan guarantees for export vessels. 
Sec. 1357. Loan guarantees for shipyard modernization and improvement. 
Sec. 1358. Eligible shipyards. 
Sec. 1359. Funding for certain loan guarantee commitments for fiscal year 1994. 
Sec. 1360. Court sale to enforce preferred mortgage liens for export vessels. 
Sec. 1361. Authorizations of appropriations. 
Sec. 1362. Regulations. 
Sec. 1363. Shipyard conversion and rouse studies. 
SubtiUe E—Other Matters 
Sec. 1371. Encouragement of the purohase or lease of vehicles producing zero or 
ver]^ low exhaust emissions. 
Sec. 1372. Revision to requiroments for notice to contractors upon pending or ac-
tual termination of defense programs. 
Sec. 1373. Regional retraining services clearinghouses. 
Sec. 1374. Use of naval installations to provide employment training to nonviolent 
ofienders in State penal systems. 
TITLE XIV—MATTERS RELATING TO ALLIES AND OTHER NATIONS 
Subtitle A—Defense Burden Sharing 
Sec. 1401. Defense burdens and resiwnsibilities. 
Sec. 1402. Burden sharing contributions from designated countries and regional or-
ganizations. 
Subtitle B—North Atlantic Treaty Organization 
Sec. 1411. Findings, sense of Congress, and report requirement concerning North 
Atiantic Treaty Orj^anization. 
Sec. 1412. Modification of certain report requirements. 
Sec. 1413. Permanent authority to carry out AWACS memoranda of understanding. 
Subtitle C—^Export of Defense Articles 
Sec. 1421. Extension of authority for certain foreign governments to receive excess 
defense articles. 
Sec. 1422. Report on effect of increased use of dual-use technologies on ability to 
control exports. 
Sec. 1423. Extension of landmine export moratorium. 
SubtiUe D—Other Matters 
Sec. 1431. Codification of provision relating to Overseas Workload Program. 
Sec. 1432. American diplomatic facilities in Germany. 
Sec. 1433. Consent of Congress to service by retired members in military forces of 
newly democratic nations. 
Sec. 1434. Semiannual report on efforts to seek compensation from Government of 
Peru for death and wounding of certain United States servicemen. 
107 STAT. 1558 
PUBLIC LAW 103-160—NOV. 30, 1993 
TTTLE XV—INTERNATIONAL PEACEKEEPING AND HUMANITARIAN 
ACTIVITIES 
Subtitle A—Assistance Activities 
Sec. 1501. General authorization of support for international peacekeeping activi-
ties. 
Sec. 1502. Report on multinational peacekeeping and peace enforcement. 
Sec. 1503. Military-to-militaiy contact. 
Sec. 1504. Humanitarian and civic assistance. 
Subtitle B—Policies Regarding Specific Countries 
Sec. 1511. Sanctions against Serbia and Montenegro. 
Sec. 1512. Involvement of Armed Forces in Somalia. 
TITLE XVI—ARMS CONTROL MATTERS 
Subtitle A—Programs in Support of the Prevention and Control of 
Proliferation of Weapons of Mass Destruction 
Sec. 1601. Study of global proliferation of strategic and advanced conventional mili-
tary weapons and related e<)uipment and technology. 
Sec. 1602. Extension of existing authorities. 
Sec. 1603. Studies relating to United States counterproliferation policy. 
Sec. 1604. Sense of Congress regarding United States capabilities to prevent and 
counter weapons proliferation. 
Sec. 1605. Joint Committee for Review of Proliferation Programs of the United 
States. 
Sec. 1606. Report on nonproliferation 
and counterproliferation 
activities and 
programs. 
Sec. 1607. Definitions. 
Subtitle B—^International Nonproliferation Activities 
Sec. 1611. Nuclear nonproliferation. 
Sec. 1612. Condition on assistance to Russia for construction of plutonium storage 
facility. 
Sec. 1613. North Korea and the Treaty on the Non-Proliferation of Nuclear 
Weapons. 
Sec. 1614. Sense of Congress relating to the proliferation of space launch vehicle 
technologies. 
TITLE XVH—CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE 
Sec. 1701. Conduct of the chemical and biological defense program. 
Sec. 1702. Consolidation of chemical and biological defense training activities. 
Sec. 1703. Annual report on chemical and biological warfare defense. 
Sec. 1704. Sense of Congress concerning Federal emergency planning for response 
to terrorist threats. 
Sec. 1705. Agreements to provide support to vaccination programs of Department 
of Health and Human Services. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Termination of authority to carry out certain projects. 
Sec. 2106. Construction of chemical munitions disposal facilities. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Termination of authority to carry out certain projects. 
TITLE XXni—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1559 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out certain projects. 
Sec. 2306. Relocation of Air Force activities from Sierra Anny Depot, California, to 
Beale Air Force Base, California. 
Sec. 2307. Combat arms training and maintenance facility relocation from Wheeler 
Air Force Base, Hawaii, to United States Army Schofield Barracks 
Open Range, Hawaii. 
Sec. 2308. Authority to transfer funds as part of the improvement of Dysart Chan-
nel, Liuce Air Force Base, Arizona. 
Sec. 2309. Authority to transfer funds for school construction for Lackland Air 
Force Base, Texas. 
Sec. 2310. Transfer of funds for construction of family housing, Scott Air Force 
Base, Illinois. 
Sec. 2311. Increase in authorized unit cost for certain family housing, Randolph Air 
Force Base, Texas. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense .Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations. Defense Agencies. 
Sec. 2404. Termination of authority to cany out certain projects. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
Sec. 2602. Reduction in amounts authorized to be appropriated for Reserve military 
construction projects. 
Sec. 2603. United States Army Reserve Command headquarters facility. 
Sec. 2604. Limitation on total cost of construction projects. 
TITLE XXVn—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects. 
Sec. 2704. Effective date. 
TITLE XXVm—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Militanr family housing leasing programs. 
Sec. 2802. Sale of electricity from alternate energy and cogeneration production 
faciUties. 
Sec. 2803. Authority for miUtary departments to participate in water conservation 
programs. 
Sec. 2804. Clarincation of eneigy conservation measures for the Department of 
Defense. 
Sec. 2805. Authority to acquire existing facilities in lieu of carrying out construc-
tion authorized by law. 
Sec. 2806. Clarification of participation in Department of State housing pools. 
Sec. 2807. Extension of authority to lease real property for special operations 
activities. 
Subtitle B—Land Transactions Generally 
Sec. 2811. Land conveyance, Broward County, Florida. 
Sec. 2812. Land conveyance, Naval Air Station Oceana, Virginia. 
Sec. 2813. Land conveyance, Craney Island Fuel Depot, Naval Supply Center, 
Virginia. 
Sec. 2814. Land conveyance, Portsmouth, Virginia. 
Sec. 2815. Land conveyance, Iowa Army Ammunition Plant, Iowa. 
Sec. 2816. Land conveyance. Radar Bomb Scoring Site, Conrad, Montana. 
Sec. 2817. Land conveyance, Charleston, South Carolina. 
Sec. 2818. Land conveyance, Fort Missoula, Montana. 
107 STAT. 1560 
PUBLIC LAW 103-160—NOV. 30, 1993 
Sec. 2819. Land acquisition, Navy Large Cavitation Channel, Memphis, Tennessee. 
Sec. 2820. Release of reversionary interest. Old Spanish Trail Armory, Harris 
County^ Texas. 
Sec. 2821. Grant of easement. West Loch Branch, Naval Magazine Lualualei, 
Hawaii. 
Sec. 2822. Review of proposed land exchange, Fort Sheridan, Illinois, and Arlington 
County, Virginia. 
Subtitle C—Changes to Existing Land Transaction Authority 
Sec. 2831. Modification of land conveyance. New London, Connecticut. 
Sec. 2832. Modification of termination of lease and sale of facilities. Naval Reserve 
Center, Atlanta, Georgia. 
Sec. 2833. Modification 
of lease authority. Naval Supply Center, 
Oakland, 
California. 
Sec. 2834. Expansion of land transaction authority involving Hunters Point Naval 
Shipyard, San Francisco, California. 
Subtitle D—^Land Transactions Involving Utilities 
Sec. 2841. Conveyance of natural gas distribution system. Fort Belvoir, Virginia. 
Sec. 2842. Conveyance of water distribution system. Fort Lee, Virginia. 
Sec. 2843. Conveyance of waste water treatment facility. Fort Pickett, Virginia. 
Sec. 2844. Conveyance of water distribution system and reservoir, Stewart Army 
Subpost, New York. 
Sec. 2845. Conveyance of electric power distribution system. Naval Air Station, Al-
ameda, California. 
Sec. 2846. Conveyance of electricity distribution system, Fort Dix, New Jersey. 
Sec. 2847. Lease and joint use of certain real property. Marine Corps Base, Camp 
Pendleton, California. 
Subtitle E—Other Matters 
Sec. 2851. Convejrance of real propertv at missile sites to adjacent landowners. 
Sec. 2852. Prohibition on use of funds for planning and design of Department of 
Defense vaccine production facility. 
Sec. 2853. Grant relating to elementary school for dependents of Department of De-
fense personnel, Fort Belvoir, Virginia. 
Sec. 2854. Allotment of space in Federal buildings to credit unions. 
Sec. 2855. Flood control project for Coyote and Berryessa Creeks, California. 
Sec. 2856. Restrictions on land transactions relating to tiie Presidio of San Fran-
cisco, California. 
TITLE XXIX—DEFENSE BASE CLOSURE AND REAUGNMENT 
Subtitle A—^Base Closure Community Assistance 
Sec. 2901. Findings. 
Sec. 2902. Prohibition on transfer of certain property located at military installa-
tions to be closed. 
Sec. 2903. Authority to transfer property at closed installations to affected commu-
nities and States. 
Sec. 2904. Expedited determination of transferability of excess property of installa-
tions to be closed. 
Sec. 2905. Availability of property for assisting the homeless. 
Sec. 2906. Authority to lease certain property at installations to be closed. 
Sec. 2907. Authority to contract for certain services at installations being closed. 
Sec. 2908. Authority to transfer property at military installations to be closed to 
persons paying the cost of environmental restoration activities on the 
property. 
Sec. 2909. Sense of Congress on availability of surplus military equipment. 
Sec. 2910. Identification of uncontaminated property at installations to be closed. 
Sec. 2911. Compliance with certain environmental requirements relating to closure 
of installations. 
Sec. 2912. Preference for local and small businesses. 
Sec. 2913. Consideration of applications of affected States and communities for 
assistance. 
Sec. 2914. Clarification of utilization of funds for community economic adjustment 
assistance. 
Sec. 2915. Transition coordinators for assistance to communities affected by the clo-
sure of installations. 
Sec. 2916. Sense of Congress on seminars on reuse or redevelopment of property at 
installations to be closed. 
Sec. 2917. Feasibility study on assisting local communities affected by the closure 
or realignment of military installations. 
[ERRATA] 
UNITED STATES 
STATUTES AT LARGE 
CONTAINING THE 
LAWS AND CONCURRENT RESOLUTIONS 
ENACTED DURING THE FIRST SESSION OF THE 
ONE HUNDRED THIRD CONGRESS 
OF THE UNITED STATES OF AMERICA 
1993 
AND 
PROCLAMATIONS 
VOLUME 107 
IN THREE PARTS 
PART 2 
PUBLIC LAWS 103-89 THROUGH 103-160 
UNITED STATES 
GOVERNMENT PRINTING OFFICE 
WASHINGTON : 1994 
69-194 O - 94 - 1 . QL. 3 Part 2 
[ERRATA] 
On Page 7 STAT. 1242 of Public Law 103-123—OCT 
28, 1993, the volume number was printed incorrectly 
and should read 107 STAT 1242. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1561 
Sec. 2918. Definitions. 
Subtitle B—Other Matters 
Sec. 2921. Base closure account management flexibility. 
Sec. 2922. Limitation on expenditure of funds from the Defense Base Closure Ac-
count 1990 for military construction in support of transfers of func-
tions. 
Sec. 2923. Modification of requirement for reports on activities under the Defense 
Base Closure Account 1990. 
Sec. 2924. Residual value of overseas installations being closed. 
Sec. 2925. Sense of Congress on development of base closure criteria. 
Sec. 2926. Information relating to recommendations for the closure or realignment 
of military installations. 
Sec. 2927. Public purpose extensions. 
Sec. 2928. Expansion of conveyance authority regarding financial facilities on 
closed military installations to include all depository institutions. 
Sec. 2929. Electric power allocation and economic development at certain military 
installations to be closed in the State of California. 
Sec. 2930. Testimony before Defense Base Closvu« and Realignment Commission. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. Environmental restoration and waste management. 
Sec. 3103. Nuclear materials support and other defense programs. 
Sec. 3104. Defense nuclear waste disposal. 
Subtitle B—Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for construction design. 
Sec. 3126. Authority for emergency planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Subtitle C—^Program Authorizations, Restrictions, and Limitations 
Sec. 3131. Defense inertial confinement fusion program. 
Sec. 3132. Payment of penalty assessed against Hanford project. 
Sec. 3133. Water management programs. 
Sec. 3134. Technology transfer. 
Sec. 3135. Technology transfer and economic development activities for commu-
nities surrounding Savannah River Site. 
Sec. 3136. Prohibition on research and development of low-yield nuclear weapons. 
Sec. 3137. Testing of nuclear weapons. 
Sec. 3138. Stockpile stewardship program. 
Sec. 3139. National security programs. 
Sec. 3140. Expended core facility dry cell. 
Sec. 3141. Scholarship and fellowship program for environmental restoration and 
waste management. 
Sec. 3142. Hazardous materials management and hazardous materials emergency 
response training program. 
Sec. 3143. Worker health and protection. 
Sec. 3144. Verification and control technology. 
Sec. 3145. Tritium production requirements. 
Subtitle D—Other Matters 
Sec. 3151. Limitations on the receipt and storage of spent nuclear fuel from foreign 
research reactors. 
Sec. 3152. Extension of review of waste isolation pilot plant in New Mexico. 
Sec. 3153. Baseline environmental management reports. 
Sec. 3154. Lease of property at Department of Energy weapon production facilities. 
Sec. 3155. Authority to transfer certain Department of Energy property. 
69-194 O - 94 - 20 : QL. 3 Part 2 
107 STAT. 1562 
PUBLIC LAW 103-160—NOV. 30, 1993 
Sec. 3156. Improved congressional oversight of Department of Energy special 
access programs. 
Sec. 3157. Reauthorization and expansion of authority to loan personnel and facili-
ties. 
Sec. 3158. Modification of payment provision. 
Sec. 3159. Contract goal ror small disadvantaged businesses and certain institu-
tions of higher education. 
Sec. 3160. Amendments to Stevenson-Wydler Technology Innovation Act of 1980. 
Sec. 3161. Conflict of interest provisions for Department of Energy employees. 
TITLE XXXn—DEFENSE NUCLEAR FACnjTIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Requirement for transmittal to Congress of certain information prepared 
by Defense Nuclear Facilities Safety Board. 
TITLE X3Kin—NATIONAL DEFENSE STOCKPILE 
Subtitle A—Authorizations of Diaposals and Use of Funds 
Sec. 3301. Disposal of obsolete and excess materials contained in the National 
I)efense Stockpile. 
Sec. 3302. Authorized uses of stockpile funds. 
Sec. 3303. Revision of authority to dispose of certain materials authorized for dis-
posal in fiscal year 1993. 
Sec. 3304. Conversion of chromium ore to high purity chromium metal. 
Subtitle B—^Programmatic Clianges 
Sec. 3311. Stockpiling principles. 
Sec. 3312. Modincation of notice and wait requirements for deviations fi*om annual 
materials plan. 
Sec. 3313. Additional authorized uses of the National Defense Stockpile Trans-
action Fund. 
Sec. 3314. National emergency planning assumptions for biennial report on stock-
pile requirements. 
TITLE XXXIV—CIVIL DEFENSE 
Sec. 3401. Authorization of appropriations. 
Sec. 3402. Modernization of the avil defense system. 
TITLE XXXV—PANAMA CANAL COMMISSION 
Sec. 3501. Short title. 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. Expenditures in accordance with other laws. 
Sec. 3504. Employment of commission employees by the Government of Panama. 
Sec. 3505. Labor-management relations. 
Sec. 3506. Effective date. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term "congressional defense 
committees" means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of Rep-
resentatives. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Fimds are hereby authorized to be appropriated for fiscal year 
1994 for procurement for the Army as follows: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1563 
(1) For aircraft, $1,338,351,000. 
(2) For missiles, $1,081,515,000. 
(3) For weapons and tracked combat vehicles, $886,717,000. 
(4) For ammunition, $619,668,000. 
(5) For other procurement, $2,992,077,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—^Funds are hereby authorized to be appropriated 
for fiscal year 1994 for procurement for the Navy as follows: 
(1) For aircraft, $5,793,157,000. 
(2) For weapons, including missiles and torpedoes, 
$2,986,965,000. 
(3) For shipbuilding and conversion, $4,265,102,000. 
(4) For other procurement, $2,953,605,000. 
(b) MARINE CORPS.—^Funds are hereby authorized to be appro-
priated for fiscal year 1994 for procurement for the Marine Corps 
m the amoimt of $483,621,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
1994 for procurement for the Air Force as follows: 
(1) For aircraft,, $7,013,938,000. 
(2) For missiles, $3,582,743,000. 
(3) For other procurement, $7,524,608,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
1994 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$3,050,748,000. 
SEC. 105. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
1994 for procurement for the Inspector General of the Department 
of Defense in the amoimt of $800,000. 
SEC. 106. RESERVE COMPONENTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^Fimds are hereby 
authorized to be appropriated for fiscal year 1994 for procurement 
of aircraft, vehicles, communications equipment, and other equip-
ment for the reserve components of the Armed Forces as follows: 
(1) For the Army National Guard, $210,000,000. 
(2) For the Air National Guard, $260,000,000. 
(3) For the Army Reserve, $50,000,000. 
(4) For the Naval Reserve, $60,000,000. 
(5) For the Air Force Reserve, $250,000,000. 
(6) For the Marine Corps Reserve, $35,000,000. 
(7) For reserve 
components 
simulation 
equipment, 
$75,000,000. 
(8) For National Guard aircraft replacement and mod-
ernization, $50,000,000. 
(b) MULTIPLE-LAUNCH ROCKET SYSTEM.—Of the total number 
of Multiple-Launch Rocket System luiits acquired with funds appro-
priated pursuant to the authorization of appropriations in section 
101 for the Army, the Secretary of the Armv shall ensure that 
one battalion set shall be authorized for ana made available to 
the Army National Guard. 
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM. 
(a) AUTHORIZATION.—^There is hereby authorized to be appro-
priated for fiscal year 1994 the amount of $379,561,000 for— 
107 STAT. 1564 
PUBLIC LAW 103-160—NOV. 30, 1993 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare material of the 
United States that is not covered by section 1412 of such 
Act. 
(b) LIMITATION.—Of the funds specified in subsection (a)— 
(1) $280,361,000 is for operations and maintenance; 
(2) $72,600,000 is for procurement; and 
(3) $26,600,000 is for research and development efforts 
in support of the nonstockpile chemical weapons program. 
(c) CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY.— 
Subsection (cX3) of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), is amended by striking 
out "and approving^ in the third sentence and inserting in lieu 
thereof, approving, and overseeing^. 
SEC. 108. NATIONAL SHIPBUILDING INITIATIVE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 1994 for the National 
Shipbuilding Initiative under subtitle D of title XIII in the amount 
of $147,000,000. 
(b) AVAILABILITY FOR OBUGATION.—Funds appropriated pursu-
ant to subsection (a) shall not be available for obligation for loan 
guarantees after September 30,1997. 
SEC. 109. DENIAL OF MULTIYEAR PROCUREMENT AUTHORIZATION. 
The Secretary of the Navy may not enter into a multiyear 
procurement contract under section 2306(h) of title 10, United 
States Code, for the F/A-18C/D aircraft program. 
Subtitle B—^Army Programs 
SEC. 111. PROCUREMENT OF HEUCOPTERS. 
(a) AH-64 APACHE AIRCRAFT.—^The prohibition in section 
132(a)(2) of the National Defense Authorization Act for Fiscal Years 
1990 and 1991 (Public Law 101-189; 103 Stat. 1382) does not 
apply to the obligation of funds in amoimts not to exceed 
$150,000,000 for the procurement of not more than 10 AH-64 
aircraft from fiinds appropriated for fiscal year 1994 pursuant to 
section 101. 
(b) OH-58D AHIP AIRCRAFT.—The prohibition in section 
133(a)(2) of the National Defense Authorization Act for Fiscal Years 
1990 and 1991 (Public Law 101-189; 103 Stat. 1383) does not 
apply to the obligation of fiinds in amounts not to exceed 
$112,500,000 for the procurement of not more than 18 OH-58D 
AHIP Scout aircraft from fimds appropriated for fiscal year 1994 
pursuant to section 101. 
SEC. 112. LIGHT UTILITY HEUCOPTER MODERNIZATION. 
(a) PROGRAM STUDY.—^The Secretary of the Army, in coordina-
tion with the Chief of the National Guard Bureau, shall conduct 
a thorough study of the requirements of the Army for light utility 
helicopter modernization. The study shall include considerations 
of life-cycle costs, capability requirements, and, if acquisition of 
new light helicopters is determined to be needed, an appropriate 
acquisition strategy, including full and open competition. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1565 
(b) REQUIREMENT FOR USE OF COMPETITIVE PROCEDURES.— 
Funds may not be obligated for a light utility helicopter moderniza-
tion program for a contractor selected through the use of acquisition 
procedures other than competitive procedures. 
(c) LIMITATION ON OBLIGATIONS.—No funds may be obligated Reports. 
for such a progrcim until 30 days £ifter the date on which the 
Secretary of Defense submits to the congressional defense commit-
tees a report setting forth the recommendations of the Secretary 
for a light helicopter modernization program for the Army based 
upon the Secretary's review of the results of the study under sub-
section (a). 
SEC. 113. NUCLEAR, BIOIX>GICAL, AND CHEMICAL PROTECTIVE MASKS. 
Of the unobligated balance of the funds appropriated for the 
Army for fiscal year 1993 for other procurement, $9,300,000 shall 
be available, to the extent provided in appropriations Acts, for 
procurement of M40/M42 nuclear, biological, and chemical protec-
tive masks. 
SEC. 114. CHEMICAL AGENT MONITORING PROGRAM. 
Funds appropriated for the Army for fiscal year 1993 for other 
procurement may not be obligated after the date of the enactment 
of this Act for the Improved Chemical Agent Monitor (ICAM) pro-
gram. 
SEC. 115. CLOSE COMBAT TACTICAL TRAINER QUICKSTART PROGRAM. 
Funds authorized to be appropriated for the Army for procure-
ment for fiscal year 1994 by section 101 may be used for long 
lead procurement of component hardware items to accelerate the 
Close Combat Tactical Trainer Quickstsirt program. 
Subtitle C—^Navy Programs 
SEC. 121. SEAWOLF ATTACK SUBMARINE PROGRAM. 
(a) LIMITATION ON USE OF CERTAIN FUNDS.—^Except as provided 
in subsection (c), none of the funds described in subsection (b) 
may be obligated for Seawolf-class atteck submarines other than 
for long-lead components for the vessel designated as SSN-23. 
(b) FUNDS SUBJECT TO LIMITATION.—Subsection (a) applies to 
any imobligated funds remaining on the date of the enactment 
of this Act from the amoimt of $540,200,000 originally appropriated 
for fiscal year 1992 for the Seawolf-class atteck submarine program 
and made available under Public Law 102-298 for the purposes 
of preserving the industrial base for submarine construction (as 
specified at page 27 of the report of the committee of conference 
to accompany the conference report on H.R. 4990 of the 102d 
Congress (House Report 102-530)). 
(c) EXCEPTION.—Subsection ia) does not prohibit the obligation 
of fimds for settlement of claims arising from the termination 
for the convenience of the Government during fiscal year 1992 
of contracte for Seawolf-class submarines or components of Seawolf-
class submarines. 
SEC. 122. TRIDENT H (D-6) MISSILE PROCUREMENT. 
(a) PRODUCTION.—Of amounts appropriated pursuant to section 
102 for procurement of weapons (including missiles and torpedoes) 
for the Navy for fiscal year 1994— 
107 STAT. 1566 
PUBLIC LAW 103-160—NOV. 30, 1993 
(1) not more than $983,345,000 may be obligated for 
procurement of Trident II (D-5) missiles; and 
(2) not more than $145,251,000 may be obligated for 
advance procurement for production of D-5 missiles for a fiscal 
year after fiscal year 1994. 
Reports 
(b) OPTIONS FOR ACHIEVING SLBM WARHEAD LIMITATIONS.— 
Not later than April 1, 1994, the Secretary of Defense shall submit 
to Congress a report on options available for achieving the limita-
tions on submarine-laimched ballistic missile (SLBM) warheads 
imposed by the START II treaty at significantly reduced costs 
firom the costs planned for fiscal year 1994. The report shall include 
an examination of the implications for those options of fiirther 
reductions in the number of such warheads under further strategic 
arms reduction treaties. 
Reports. 
SEC. 123. STUDY OF TRIDENT MISSILE SUBMARINE PROGRAM. 
The Secretary of Defense shall submit to the congressional 
defense committees, not later than April 1,1994, a report comparing 
(1) modifying Trident I submarines to enable those submarines 
to be deployed with D-5 missiles, with (2) retaining the Trident 
I (C—4) missile on the Trident I submarine. In preparing the report, 
the Secretary shall include considerations of cost efiectiveness, force 
structure requirements, and fixture strategic flexibility of the Tri-
dent I and Trident II submarine programs. 
SEC. 
1
2
4
. 
MK-48 
ADCAP 
TORPEDO 
PROGRAM. 
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate 
the MK-48 ADCAP torpedo program in accordance vath this section. 
(2) Except as provided in subsection (b), funds appropriated 
or otherwise made available to the Department of Defense pursuant 
to this or any other Act may not be obligated for the procurement 
of MK-48 ADCAP torpedoes. 
(b) ExCEPTlONS.--(l) The prohibition in subsection (aX2) does 
not apply to— 
(A) the modification of, or the acquisition of, spare or repair 
parts for MK-48 ADCAP torpedoes described in paragraph 
(2); 
(B) completion of the procurement of MK—48 ADCAP tor-
pedoes described in paragraph (2XB); and 
(C) the obligation of not more than $100,125,000 from 
fimds made available pursuant to section 102(a) for the procure-
ment of 108 MK-48 ADCAP torpedoes and for payment of 
costs necessary to terminate the MK-48 ADCAP procurement 
program. 
(2) The MK-48 ADCAP torpedoes referred to in paragraph 
(IXA)are-
(A) MK-48 ADCAP torpedoes acquired by the Navy on 
or before the date of the enactment of this Act; 
(B) MK—48 ADCAP torpedoes for which funds, other than 
funds for the procurement of long lead items and other advance 
procurement, were obligated before the date of the enactment 
of this Act and which are delivered to the Navy on or afi;er 
that date; and 
(C) 108 MK-48 ADCAP torpedoes for which funds are 
available in accordance with paragraph (IXC). 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1567 
SEC. 125. SSN ACOUSTICS MASTER PLAN. 
(a) MASTER PLAN.—^The funds described in subsection (b) may 
not be obligated until the Secretary of the Navy submits to the 
congressional defense committees a submarine acoustics master 
plsui. The master plan shall include— 
(1) current requirements for submarine acoustic sensors 
and combat systems based on existing and future evolving 
missions and environment considerations; 
(2) a catalogue of existing and future sensors, technologies, 
and programs and a description of their shortcomings relative 
to current requirements; 
(3) technology application, program plans, and costs for 
remedying shortcomings in submarine acoustic sensors and 
combat systems identified under paragraph (2); and 
(4) a statement of the specific purposes for which the Navy 
intends to obligate the funds described in subsection (b). 
(b) FUNDS SUBJECT TO LIMITATION.—Subsection (a) applies to 
$13,000,000 of the amount appropriated pursuant to section 102 
for other procurement for the Navy that is available for submarine 
acoustics. 
SEC. 126. LONG-TERM LEASE OR CHARTER AUTHORITY FOR CERTAIN 
10 USC 2401 
DOUBLE-HUIX TANKERS AND OCEANOGRAPHIC VESSELS, note. 
(a) AUTHORITY.—^The Secretary of the Navy may enter into 
a long-term lease or charter for any double-hull tanker or oceano-
graphic vessel constructed in a United States shipyard after the 
date of the enactment of this Act using assistance provided under 
the National Shipbuilding Initiative. 
(b) CONDITIONS ON OBLIGATION OF FUNDS.—Unless budget 
authority is specifically provided in an appropriations Act for the 
lease or charter of vessels pursuant to subsection (a), the Secretary 
may not enter into a contract for a lease or charter pursuant 
to that subsection imless the contract includes the following provi-
sions: 
(1) A statement that the obligation of the United States 
to make payments under the contract in any fiscal year is 
subject to appropriations being provided specifically for that 
fiscal year and specifically for that lease or charter or that 
kind of vessel lease or charter. 
(2) A commitment to obligate the necessary amoimt for 
each fiscal year cov^ered by the contract when and to the extent 
that funds are appropriated for that lease or charter, or that 
kind of lease or charter, for that fiscal year. 
(3) A statement that such a commitment given under para-
graph (2) does not constitute an obligation of the United States. 
(c) INAPPLICABILITY OF CERTAIN LAWS.—A long-term lease or 
charter authorized by subsection (a) may be entered into without 
regard to the provisions of section 2401 of title 10, United States 
Code, or section 9081 of the Department of Defense Appropriations 
Act, 1990 (10 U.S.C. 2401 note). 
(d) DEFINITION.—For purposes of subsection (a), the term "long-
term lease or charter" has the meaning given that term in subpara-
graph (A) of section 2401(dXl) of title 10, United States Code. 
107 STAT. 1568 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 127. LONG-TERM LEASE OR CHARTER AUTHORITY FOR CERTAIN 
ROLL-ON/ROLL-OFF VESSELS. 
(a) AUTHORITY.—^The Secretary of the Naw may enter into 
a long-term lease or charter for vessels descrioed in subsection 
(b) without regard to the provisions of section 2401 of title 10, 
United States Code, or section 9081 of the Department of Defense 
Appropriations Act, 1990 (10 U.S.C. 2401 note). The authority pro-
vided in the preceding sentence may not be exercised after June 
15, 1995, to enter into a long-term lease or charter for a vessel 
described in subsection (bXD. 
(b) VESSELS COVERED.—Subsection (a) applies to the following 
vessels which are required by the Department of the Navy for 
f
)repositioning aboard ship or related point-to-point service as fol-
ows: 
(1) Not more than five roU-on/roU-off (RO/RO) vessels which 
were constructed before the date of the enactment of this Act 
and on which, in the case of a vessel for which work is required 
to make the vessel eligible for such service and for documenta-
tion under the laws of the United Stetes, such work is per-
formed in a United Stetes shipyard. 
(2) Any roU-on/roU-ofiF (RO/RO) vessel built after the date 
of the enactment of this Act in a shipyard located in the 
United Stetes. 
(c) LIMITATION ON SOURCE OF FUNDS.—The Secretory may not 
use fimds appropriated for the National Defense Sealift program 
that are available for construction of vessels to enter into a contract 
for a lease or charter pursuant to subsection (a). 
(d) CONDITIONS ON OBUGATION OF FUNDS.—Unless budget 
authority is specifically provided in an appropriations Act for the 
lease or charter of vessels pursuant to subsection (a), the Secretory 
may not enter into a contract for a lease or charter pursuant 
to that subsection unless the contract includes the foUovdng provi-
sions: 
(1) A stetement that the obligation of the United Stetes 
to make paymente under the contract in any fiscal year is 
subject to appropriations being provided specifically for that 
fiscal year and specifically for that lease or charter or that 
kind of vessel lease or charter. 
(2) A commitment to obligate the necessaiy amount for 
each fiscal year covered by the contract when and to the extent 
that fimds are appropriated for that lease or charter, or that 
kind of lease or cnarter, for that 
fiscal 
year. 
(3) A stetement that such a commitment given under para-
graph (2) does not constitute an obligation of the United Stetes. 
(e) RENEWAL OF CHARTERS.—^A long-term lease or charter under 
subsection (a) for a vessel described m subsection (bXD may not 
be entered into for a term of more than five years. Such a lease 
or charter may only be renewed or extended subject to the restric-
tions and autnority provided in section 9081 of the Department 
of Defense Appropriations Act, 1990 (10 U.S.C. 2401 note). 
(f) DEFINITION.—^For purposes of this section, the term "long-
term lease or charter" has the meaning given that term in subpara-
graph (A) of section 2401(dXl) of title 10, United Stetes Code. 
Reports. 
SEC. 128. F-14 AIRCRAFT UPGRADE PROGRAM. 
None of the fimds appropriated or otherwise made available 
to the Department of Derense for procurement for fiscal year 1994 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1569 
may be obligated for the F-14 aircraft upgrade program until 30 
days after the date on which the Secretary of the Navy submits 
to the congressional defense committees a report on that upgrade 
program that includes the following information: 
(1) A description of the F-15E equivalent strike upgrade 
configuration selected for the F-14D upgrade program. 
(2) A schedule for conversion of the F-14D fleet to the 
upgraded configuration. 
(3) A description of the F-14D strike upgrade derivative 
configuration selected for the F-14A or F-14B upgrade pro-
gram. 
(4) A schedule for conversion of the F-14A and F-14B 
fleet to an upgraded configuration. 
(5) The total number of F-14A and F-14B aircraft to be 
converted. 
(6) A funding plan for implementing the upgrade programs. 
Subtitle D—^Air Force Programs 
SEC. 131. B-2 BOMBER AmCRAFT PROGRAM. 
(a) AMOUNT FOR PROGRAM.—Of the amount appropriated pursu-
ant to section 103 for the Air Force for fiscal year 1994 for procure-
ment of aircraft, not more than $911,300,000 may be obligated 
for the B-2 bomber aircraft program. Of that amount, not more 
than $285,100,000 may be obligated for initial spares. 
(b) LIMITATION ON OBLIGATION OF FUNDS.—None of the unobli-
gated balances of funds appropriated for procurement of B-2 aircraft 
for fiscal year 1992, fiscal year 1993, or fiscal year 1994 may 
be obligated for the B-2 bomber aircraft program until— 
(1) the Secretary of the Air Force— 
(A) enters into a definitized production contract with 
the prime contractor for air veWcles 17 through 21; or 
(B) submits to the congressional defense committees Reports. 
a report setting forth the reasons that such a contract 
cannot be entered into; and 
(2) the Secretary of Defense submits to those committees 
a certification that the Department of the Air Force is in 
full compliance with the B-2 correction-of-deficiency require-
ments set forth in section 117(d) of Public Law 101-189 (103 
Stat. 1376) in all aspects of deficiency correction. 
(c) REAFFIRMATION OF LIMITATION ON NUMBER OF B-2 
AIR-
CRAFT.—As provided in section 151(c) of Public Law 102-484 (106 
Stat. 2339), the Secretary of the Air Force may not procure more 
than 20 deployable B-2 bomber aircraft (plus one test aircraft 
which may not be made operational). 
(d) LIMITATION ON TOTAL PROGRAM COST.—The total amount 
obligated on or after the date of the enactment of this Act (1) 
for research, development, test, and evaluation for, and acquisition, 
modification and retrofitting of, the B-2 bomber aircraft referred 
to in subsection (c), and (2) for paying the costs associated with 
termination of the B-2 bomber aircraft program upon completion 
of the acquisition of those aircraft may not exceed $28,968,000,000 
(in fiscal year 1981 constant dollars). 
(e) RELEASE OF PRIOR YEAR FUNDS.—Funds previously author-
ized and appropriated for procurement of the B-2 bomber aircraft 
program, the obligation of which was limited by section 131(b) of 
107 STAT. 1570 
PUBLIC LAW 103-160—NOV. 30, 1993 
Public Law 102-190 (105 Stat. 1306) or by section 151(d) of Public 
Law 102-484 (106 Stat. 2339), may be obligated for that program. 
SEC. 132. B-IB BOMBER AIRCRAFT PROGRAM. 
(a) AMOUNT FOR PROCUREMENT.—Of the amount authorized 
to be appropriated pursuant to section 103(1) for the Air Force 
for fiscal year 1994 for procurement of aircraft, not more than 
$272,300,000 shall be available for the B-IB bomber program. 
(b) REQUIREMENT FOR TEST PLAN.—(1) The Secretary of the 
Air Force shall develop a plan to test the operational readiness 
rate of one B-IB bomber wing that could be sustained if that 
wing were provided the planned complement of base-level spare 
parts, maintenance equipment, maintenance manpower, and logistic 
support equipment. 
(2) The plan shall also test the operational readiness rates 
of one squadron of that wing operating at a remote operating 
location, for a period of not less than two weeks, in a manner 
consistent with Air Force plans for the use of B-IB bombers in 
a conventional conflict. 
(3) The remote operating location selected for purposes of para-
graph (2) shall be at a base other than a base containing or 
servicing heavy bomber aircraft. 
(4) The test plan imder paragraph (1) shall be designed to 
be carried out over a period of not less than six months ending 
not later than December 1,1995. 
(c) REPORT ON THE TEST PLAN.—(1) The Secretary shall submit 
to the congressional defense committees a report on the proposed 
test plan not later than March 31, 1994. The report shall include 
a copy of the proposed test plan. 
(2) The report on the test plan shall include the following 
elements: 
(A) A description of the plans of the Air Force for meeting 
the test requirements specified in subsection (b), including the 
period during which the test is proposed to be conducted under 
this section. 
(B) A description of the predicted contribution to mission 
capable rates that planned reliability and 
maintenance 
improvements are expected to make. 
(C) A description of the predicted effects of the test on 
the readiness rates of the B-IB wings not participating in 
the test if the test is initiated between the date of the enactment 
of this Act and Jime 1,1995. 
(D) The earliest date feasible for the implementation of 
) 
the test plan if a test within the period specified in the descrip-
tion under subparagraph (A) is predicted under subparagraph 
(C) to have an adverse effect on B-lB fleet readiness. 
(d) IMPLEMENTATION OF TEST PLAN.—(1) The Secretary shall 
notify the congressional defense committees of the start of the 
test period. 
(2) The Secretary shall complete the implementation of the 
test plan required under subsection (b) not later than December 
1,1995. 
(e) WAIVER AUTHORITY.—(IXA) The Secretary of the Air Force 
may postpone implementation of the test plan to a period ending 
after December 1, 1995, if the Secretary determines that, as a 
result of implementing the planned test within the period specified 
in subsection (bX4), the ability of the Air Force to meet operational 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1571 
readiness rates for B-IB units not participating in the test would 
be reduced to unacceptable levels. 
(B) If the Secretary of the Air Force proposes to use the author-
ity provided in subparagraph (A), the Secretary shall, before using 
that authority, submit to the congressional defense committees 
notice in writing of the proposed postponement of the test plan. 
If the test plan report required under subsection (c) has not been 
submitted as of the time of the decision to postpone implementation 
of the test plan, that notice shall be submitted as part of the 
submission of the test plan report. 
(2XA) The Secretary of Defense may waive implementation 
of the test plan if the Secretary determines that implementing 
the test plan would not be in the national security interest of 
the United States. 
(B) If the Secretary of Defense proposes to use the waiver 
authority provided in subparagraph (A), the Secretary shall, before 
using that authority, submit to the congressional defense commit-
tees notice in writing of the proposed waiver. Upon using that Reports. 
waiver authority, the Secretary shall, not later than 30 days after 
the date on which the waiver authority is used, submit to the 
congressional defense committees a report setting forth a detailed 
explanation of the reasons for the waiver. 
(f) REPORT ON TEST RESULTS.—(1) Unless the Secretary exer-
cises the waiver authority provided in subsection (e)(lXB), the Sec-
retary shall submit to the congressional defense committees, and 
to the Comptroller General of the United States, a report on the 
results obtained from implementation of the test. The report shall 
be submitted within 90 days after the completion of the test. 
(2) The report required imder paragraph (1) shall include an 
assessment of— 
(A) the extent to which the provision of planned spares, 
maintenance manpower, and logistics support will enable the 
B-IB force to achieve the planned operational readiness rate; 
and 
(B) if the planned readiness rate cannot be achieved with 
the planned level of spares, maintenance manpower, and logis-
tics support— 
(i) an estimate of the operational readiness rate that 
can be achieved with the planned level of spares, mainte-
nance manpower, and logistics support; 
(ii) an estimate of the additional amoimts of spares, 
maintenance manpower, and logistics support and the 
added costs thereof, to achieve the planned operational 
readiness rate; and 
(iii) £ui enumeration of those specific factors limiting 
the achievable operational readiness rate which it would 
be cost-effective to mitigate, and the increase in operational 
readiness that would result therefrom. 
SEC. 133. FULL AND PROMPT ACCESS BY COMPTROLLER GENERAL 
TO INFORMATION ON HEAVY BOMBER PROGRAMS. 
(a) DUTY OF SECRETARY OF DEFENSE.—The Secretary of Defense 
shall take all actions necessary to ensure that all components 
of the Department of Defense, in providing to the Comptroller 
Greneral of the United States such access to information described 
in subsection (b) as the Comptroller General may require in order 
107 STAT. 1572 
PUBLIC LAW 103-160—NOV. 30, 1993 
to carry out the functions of the Comptroller General, provide 
such access on a full and prompt basis. 
(b) INFORMATION COVERED.—Subsection (a) refers to all 
information (including reports and analyses) generated by or on 
behalf' of the Department of the Air Force (including by Air Force 
contractors) that relates to (1) operation, maintenance, repair, and 
modernization of heavy bombers, or (2) the plcuis of the Air Force 
for operation, maintenance, repair, and modernization of heavy 
bombers in the future. 
Contracts. 
SEC. 134. C-17 AIRCRAFT PROGRAM PROGRESS PAYMENTS AND 
REPORTS. 
(a) WITHHOLDING OF PAYMENTS FOR SOFTWARE NONCOMPLI-
ANCE.—^In accepting further delivery of CJ-17 aircraft that in accord-
ance with existing C-ll contracts require a waiver for software 
noncompliance, the Secretary of Defense shall withhold from the 
unliquidated portion of the progress payments for such aircraft 
an amount not less than 1 percent of the total cost of such aircraft. 
The withholding shall continue imtil the Secretary submits to each 
of the congressional committees named in subsection (e) a report 
in which the Secretary certifies each of the following: 
(1) That (I!-17 software testing and avionics integration 
'
^ 
have been completed. 
(2) That the costs of waivers for software noncompliance 
have been identified and are in accordance with the terms 
of existing C-17 contracts. 
(b) CORRECTION OF WING DEFECTS.—Within 120 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to each of the congressional committees named in 
subsection (e) a report in which the Secretary certifies that, in 
accordance with the terms of existing C-17 contracts, the contractor 
has identified and is bearing each of the following: 
(1) The costs related to wing structural deficiencies (includ-
ing the costs of redesign, static wing failure repair, and retrofit 
for existing wing sets). 
(2) The costs for required redesign, retesting, and manufac-
ture of C-17 slats and flaps to correct identified deficiencies. 
(c) ANALYSIS OF RANGE/PAYLOAD DEFICIENCY.—Within 180 days 
cdter the date of the enactment of this Act, the Secretary of Defense 
shall submit to each of the congressional committees named in 
subsection (e) a report containing the following: 
(1) An analysis of the operational impacts caused by defi-
ciencies in the range/payload specification, as defined by the 
C-17 Lot III production contract, including projected oper-
ational and maintenance costs, such as the costs of required 
airborne refueling due to range shortfalls. 
(2) A schedule for securing from the contractor, in accord-
ance with the terms of existing C-17 contracts, an equitable 
recovery for the operational impacts caused by deficiencies in 
the range/payload specification identified in the analysis 
required by this section. 
(d) REPORT CONTENTS.—Each report required by this section 
shall include an itemization of the estimated effect on total produc-
tion costs caused by software noncompliance, wing defects, or range/ 
payload deficiency, as applicable. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1573 
(e) CONGRESSIONAL COMMITTEES.—The committees of Congress 
to which a report required by this section is to be submitted are 
the following: 
(1) The Committees on Armed Services of the Senate and 
the House of Representatives. 
(2) The Committees on Appropriations of the Senate and 
the House of Representatives. 
(3) The Committee on Governmental Affairs of the Senate 
and the Committee on Grovemment Operations of the House 
of Representatives. 
SEC. 135. LIVE-FIRE SURVIVABILITY TESTING OF THE C-17 AIRCRAFT. 
Section 132(d) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2335) is amended 
by striking out "for fiscal year 1993". 
SEC. 136. INTERTHEATER AIRLIFT PROGRAM. 
(a) FUNDING FOR PROGRAM.—Of the amoimt appropriated imder 
section 103 for procurement of aircraft for the Air Force (or other-
wise made available for procurement of aircraft for the Air Force 
for fiscal year 1994), not more than $2,318,000,000 (hereinafter 
in this section referred to as "fiscal year 1994 intertheater airlift 
funds") may be made available for the Intertheater Airlift Program, 
including the CJ-17 Jiircraft program. Of that amoimt— 
(1) not more than $1,730,000,000 may be made available 
for procurement for the C-17 aircraft program (other than 
for advanced procurement and procurement of spare parts), 
except as such amount may be increased pursuant to paragraph 
(4); 
(2) not more than $188,000,000 may be made available 
for advanced procurement for the CJ-17 aircraft program; 
(3) not more than $100,000,000 may be made available 
for procurement of nondevelopmental wide-body military or 
commercial cargo variant aircraft as a complement to the C-
17 aircraft, except as such amount may be increased pursuant 
to paragraph (4); and 
(4) subject to subsection (h), not more than $300,000,000 
may be made available for procurement either as specified 
in paragraph (1) or as specified in paragraph (3), in addition 
to the amount specified in that paragraph. 
(b) USE OF FUNDS.—(1) Using fiscal year 1994 intertheater 
airlift funds and subiect to the limitations in subsection (a), the 
Secretary of Defense shall do the following: 
(A) Procure C-17 aircraft. 
(B) Initiate procurement of nondevelopmental aircraft as 
a complement to the C-17 aircraft, selected as provided in 
paragraph (3). 
(2) Using fiscal year 1994 intertheater airlift funds and subject 
to the limitations in subsection (a), the Secretary shall develop 
an acquisition plan leading to procurement as an airlift aircraft 
complementary to the €—17 aircraft of either— 
(A) a nondevelopmental, wide-body military airlift aircraft; 
or 
(B) a nondevelopmental commercial wide-body cargo vari-
ant aircraft. 
(3) The Secretary shall choose which, or what mix, of the 
options specified in paragraph (2) best supports intertheater airlift 
requirements. 
107 STAT. 1574 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) FISCAL YEAR 1994 LIMITATION.—Amounts appropriated 
under section 103 for procurement of aircraft for the Air Force 
(or otherwise made available for procurement of aircraft for the 
Air Force for fiscal year 1994) may not be obligated for procurement 
of C-17 aircraft (other than for advanced procurement) until— 
(1) each limitation and requirement set forth in subsections 
(b), (c), (d), and (f) of section 134 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
106 Stat. 2335) has been satisfied; and 
Reports. 
(2) the Secretary of Defense submits to the congressional 
defense committees a report on the C-17 acquisition program 
that contains— 
(A) the results of the special Defense Acquisition Board 
review of the program, to include specific changes to 
requirements recommended by the Joint Requirements 
Oversight Council (JROC); 
(B) a discussion of the corrective actions to be taken 
by the Air Force with regard to such program; 
(C) a proposed resolution of outstanding contractor 
claims and any requested legislation relating to those 
claims; 
(D) a discussion of the corrective actions to be taken 
by the contractor with regard to such program; and 
(E) the findings and recommendations of the special 
Defense Science Board group resulting from the investiga-
tion of the program by that group. 
Reports. 
(d) FISCAL YEAR 1995 LIMITATION.—The Secretary of Defense 
may not obligate any funds that may be appropriated for the 
Department of Defense for fiscal year 1995 that are made available 
for the C-ll 
aircraft program (other than fimds made available 
for advanced procurement) until the Secretary submits to the 
congressional defense committees a report containing a review 
(based on an analysis by a federally funded research and develop-
ment center) of the airlift req[uirements of the Armed Forces. The 
review shall reflect consideration of each of the following: 
(1) The changes in total airlift recjuirements of the Armed 
Forces resulting from the disintegration of the Warsaw Pact 
and Soviet Union that eliminate any mcg'or trans-Atlantic airlift 
requirement for Europe. 
(2) The change in airlift requirements of the Armed Forces 
from requirements for airlift of large quantities of outsize cargo 
for reenforcement of North Atlantic Treaty Organization forces 
to requirements for airlift in connection with such lesser 
regional contingencies and humanitarian operations as Oper-
ation Desert Shield, Operation Desert Storm, and Operation 
Restore Hope. 
(3) The potential contribution that pl£uined strategic sealift 
improvements can make toward— 
(A) reducing the total demand for airlift; and 
(B) changing the type of cargo that airlift aircraft must 
carry. 
(4) The declining demand for the conduct of airlift oper-
ations in austere airfield environments. 
(5) The trade-off between purchasing the type of additional 
capability that the C-17 aircraft can provide and purchasing 
and using additional support equipment that would increase 
the cargo airlift capacity of alternative cargo aircraft. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1575 
(e) LIMITATION ON ACQUISITION OF MORE THAN FOUR C - 1 7 
AIRCRAFT.—^The Secretary of Defense may not obligate C-17 produc-
tion funds (as defined in subsection (i)) to produce more than 
four C-17 aircraft until the program meets the rolloMdng milestones: 
(1) Clearance of flight envelope with respect to altitude 
and speed. 
(2) Takeoff of aircraft at gross weight of 580,000 pounds 
and 160,000 poimds payload within a critical field length of 
8,500 feet at sea level and 90 degrees Fahrenheit day conditions 
(or equivalent results imder other conditions). 
(3) Backing aircraft up a two degree slope with a gross 
weight of 510,000 pounds. 
(4) Unassisted 180 degree turn of aircraft on paved nmway 
of load classification group IV in less than 90 feet, using three 
maneuvers. 
(5) Completion of static article ultimate load (150 percent 
of design limit load) test condition S.P. 5030 for wing up bend-
ing. 
(6) Completion 
of electromagnetic 
radiation, 
electro-
magnetic compatibility, and lightening tests. 
(7) Low velocity air drop of 5,000-pound, 8-foot length plat-
form. 
(8) Sequential air drop of multiple simulated paratroop 
dummies from both paratroop doors. 
(9) A minimum unit equivalent assembly rate of 6.0 assem-
blies per year, as measured by the ratio of annualized standard 
hours earned to that required to assemble one aircraft from 
beginning of assembly to the completion of assembly before 
movement to the ramp at the prime contractor's facilities. 
(10) For all aircraft scheduled for delivery in the prior 
six-month period, delivery of each aircraft within one month 
of scheduled deliveiry date. 
(f) LIMITATION ON ACQUISITION OF MORE THAN SIX C-17 
AIR-
CRAFT.—^The Secretary of Defense may not obligate C-17 production 
funds (as defined in subsection (i)) to produce more than six aircraft 
for a fiscal year after fiscal year 1995 until the program meets 
the following milestones (in addition to the milestones specified 
in subsection (e)): 
(1) Clearance of flight envelope with respect to loads. 
(2) Estimate of payload meets 95 percent of the requirement 
provided in the full-scale development contract for the key 
performance parameters for payload-to-range systems perform-
ance. 
(3) Operational clearance for aircraft to be air refueled 
from operational KC-10 and KC-135 aircraft at standard ^ r 
Force refueling speeds for the specific tanker in a single receiver 
formation. 
(4) Demonstration of combat offload with two 463L pallets 
using the air delivery system rsdls. 
(5) Airdrop of 70 paratroopers on one pass, using both 
paratroop doors. 
(6) Low velocity air drop of 30,000-pound, 24-foot length 
platform. 
(g) LIMITATION ON ACQUISITION OF MORE THAN SIX C-17 Air-
craft.—^The Secretary of Defense may not obligate C-17 production 
funds (as defined in subsection (i)) to produce more than six C
— 
17 aircraft for a fiscal year after fiscal year 1996 imtil the program 
107 STAT. 1576 
PUBLIC LAW 103-160—NOV. 30, 1993 
meets the following milestones (in addition to the milestones speci-
fied in subsections (e) and (f)): 
(1) Estimate of payload meets 97.5 percent of the require-
ment provided in the full-scale development contract for the 
key performance parameters for payload-to-range systems 
performance. 
(2) Landing of aircraft with a payload of 160,000 pounds 
and fiiel necessary to fly 300 nautical miles on a 3,000-foot 
long, 90-foot wide, and load classification group IV runway 
at sea level, 90 degrees Fahrenheit day conditions (or equivalent 
results under other conditions). 
(3) Low altitude parachute extraction system delivery of 
a 20,000-pound cargo. 
(4) Simultaneous and sequential container delivery system 
airdrop of 30 bimdles. 
(5) Low velocity air drop of 42,000-pound platform. 
(6) Satisfactory completion of one lifetime of testing of 
durability article. 
(7) Air vehicle mean time between removal at cumulative 
fljdng hours to date of measurement indicates that the mature 
requirement established in the full-scale development contract 
will be met. 
(h) FUNDING OUT OF INTERTHEATER AIRLIFT PROGRAM.—Fiscal 
year 1994 intertheater airlift funds that are referred to in paragraph 
(4) of subsection (a) may be made available by the Secretary of 
Defense for procurement for the C-ll program, or for procurement 
for the complementary nondevelopmental wide-body aircraft, only 
after— 
(1) the Secretary of Defense— 
Reports. 
(A) submits the report on the CJ-17 program specified 
in subsection (cX2); 
(B) determines whether procurement of two additional 
C-17 aircrsift would contribute more to intertheater lift 
modernization than procurement of additional complemen-
tary nondevelopment wide-body aircraft at the same fund-
ing level; and 
(C) submits to the congressional defense committees 
notice of the determination described in subparagraph (B) 
along with notification of the Secretary's intent to transfer 
up to $300,000,000 as provided in subsection (aX4) either 
to the C-17 program or to the nondevelopmental aircraft 
program specified in subsection (aX3); and 
(2) a period of 30 days has elapsed after the submission 
of the report referred to in paragraph (IXA) and the notification 
required by paragraph (IXC). 
(i) C-17 PRODUCTION FUNDS DEFINED.—For purposes of this 
section, the term "C!-17 production funds" means funds appropriated 
for the Department of Defense for a fiscal year after fiscal year 
1993 that are made available for the intertheater airlift program, 
including the C-ll aircraft program (other than funds made avail-
able for advanced procurement). 
SEC. 137. USE OF F-16 AIRCRAFT ADVANCE PROCUREMENT FUNDS 
FOR PROGRAM TERMINATION COSTS. 
(a) FUNDS FOR PROGRAM TERMINATION COSTS.—Of the amount 
provided in section 103 for procurement of aircraft for the Air 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1577 
Force, the amount of $70,800,000 shall be available only for program 
termination costs for the F-16 aircraft program. 
(b) PROHIBITION OF F'UNDS FOR ADVANCE PROCUREMENT.—None 
of the funds appropriated pursuant to section 103 for procurement 
of aircraft for the Air Force shall be available for advance procure-
ment of F-16 aircraft for fiscal year 1995. 
SEC. 138. TACTICAL SIGNALS INTELUGENCE AIRCRAFT. 
(a) FISCAL YEAR 1994 FUNDING.—Of the amount authorized 
to be appropriated for procurement for Defense-wide activities in 
section 104, $161,225,000 shall be available for tactical signals 
intelligence aircraft programs as follows: 
(1) $34,225,000 for the EP-3 Aries II Phase I modification 
program. 
(2) $33,800,000 for the RC-135 Rivet Joint Block III Base-
line Six modification program. 
(3) $93,200,000 for a nondevelopmental testbed aircraft 
incorporating ARSP SIGINT upgrade program architecture. 
(b) PRIOR YEAR FUNDS.—<1) Section 141 of Public Law 102-
484 (106 Stat. 2338) is repealed. 
(2) Amounts made available pursuant to section 141 of Public 
Law 102—484 that remain available for obligation shall be available 
for the fiscal year 1993 EP-3 Aries II Phase I modification program 
and the RC-135 Rivet Joint Block III Baseline Six modification 
program as provided for in the budget for fiscal year 1993 submitted 
to Congress pursuant to section 1105 of title 31, United States 
Code. 
(c) LIMITATION.—^None of the funds referred to in subsection 
(a) or (b) may be used ibr any purpose other than the EP-3 and 
RC-135 aircraft upgrade programs identified in those subsections. 
SEC. 139. C-135 AIRCRAFT PROGRAM. 
(a) FISCAL YEAR 1994 FUNDS.—Of the funds authorized to be 
appropriated in section 103 for procurement of aircraft for the 
Air Force for fiscal yeai- 1994, $48,000,000 shall be available for 
reengining two KC-135E aircraft. 
(b) FISCAL YEAR 1993 FUNDS.—Of the funds available for C-
135 series aircreift modifications for fiscal year 1993 that remain 
available for obligation, $100,900,000 shall be available for 
reengining four KC-135E aircraft. 
Subtitle E—Other Matters 
SEC. ISl. ALQ-135 JAMMER DEVICE. 
Section 182(bX2) of the National Defense Authorization Act 
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1508) is 
amended by striking out "meets or exceeds all operational criteria 
established for the program" and inserting in lieu thereof "is oper-
ationally effective and suitable". 
SEC. 152. GLOBAL POSITIONING SYSTEM. 
(a) PROGRAM STUDY REQUIRED.—(1) The Secretary of Defense 
shall provide for an independent study to be conducted on the 
management and funding of the Global Positioning System program 
for the future. 
107 STAT. 1578 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) With the agreement of the National Academy of Sciences 
and the National Academy of Public Administration, the study 
shall be conducted jointly by those organizations. 
(3) Of the amounts authorized to be appropriated to the Depart-
ment of Defense for fiscal year 1994 and made available for procure-
ment of Global Positioning System user equipment, for procurement 
of spacecraft, or for operations and maintenance, up to $3,000,000 
may be used for carrying out the study required by paragraph 
(1). 
(b) 
LIMITATION ON PROCUREMENT OF SYSTEMS NOT G P S -
EQUIPPED.—After September 30, 2000, funds may not be obligated 
to modify or procure any Department of Defense aircraft, ship, 
armored vehicle, or indirect-fire weapon system that is not equipped 
with a Global Positioning System receiver. 
(c) REPORT.—(1) Not later than May 1, 1994, the Secretary 
of Defense shall submit to the committees specified in paragraph 
(3) a report on the Global Positioning System. The report shall 
include a description of each of the following: 
(A) The threats, if any, to the health and safety of United 
States military forces, allied military forces, and the United 
States and allied civilian populations, and the threats, if any, 
of damage to property within the United States and allied 
countries, that will result by the year 2000 from Global 
Positioning System navigation signals, local and wide-area dif-
ferential navigation correction signals, kinematic differential 
correction signals, and commercially available map products 
based on the Global Positioning System. 
(B) The threat, if any, to civil aviation and other transpor-
tation operations that will result by the year 2000 from the 
signal jamming, deception, and other disruptive effects of Global 
Positioning System navigation signals. 
(C) The actions, if any, that can be taken to eliminate 
or mitigate such threats. 
(D) The modifications, if any, of the Global Positioning 
System and derivative systems that can be made to eliminate 
or significantly reduce such threats, or to increase the ability 
of the Department of Defense to mitigate such threats, without 
interfering with authorized and peaceful uses of the Global 
Positioning System. 
(2) The report under paragraph (1) shall be prepared in 
coordination with the Director of Central Intelligence. 
(3) The committees referred to in paragraph (1) are— 
(A) the Committee on Armed Services, the Committee on 
Appropriations, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee on 
Appropriations, and the Select Committee on Intelligence of 
the Senate. 
SEC. 153. RING LASER GYRO NAVIGATION SYSTEMS. 
None of the funds appropriated for fiscal year 1993 or fiscal 
year 1994 for procurement for the Navy may be obligated or 
expended for the procurement of ring laser gyro navigation systems 
for surface ships under a sole-source contract. 
SEC. 154. OPERATIONAL SUPPORT AIRCRAFT. 
(a) LIMITATION.—^None of the funds appropriated for the Depart-
ment of Defense for fiscal year 1994 may be ooligated for a procure-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1579 
ment of any operational support aircraft without full and open 
competition (as defined in section 2302(3) of title 10, United States 
Code) unless the Under Secretary of Defense for Acquisition and 
Technology certifies to the congressional defense committees that 
the procurement is within an exception set forth in section 2304(c) 
of title 10, United States Code. 
(b) ^RLIFT STUDY.—Of the funds appropriated pursuant to 
section 106, not more than $50,000,000 may be obligated to procure 
operational support airlift aircraft. None of those funds may be 
obligated imtil 60 days iifler the date on which the study required 
by subsection (c) is transmitted to the congressional defense 
committees. 
(c) STUDY REQUIRED.—^The Secretary of Defense shall undertake 
a study of operational support airlift aircraft and administrative 
transport airlift aircraft operated by reserve components of the 
Department of Defense. 
(d) STUDY REQUIREMENTS.—^The study required by subsection 
(c) shall include the following: 
(1) An inventory of all operational support airlift aircraft 
and administrative transport airlift aircraft. 
(2) The peacetime utilization rate of such aircraft. 
(3) The wartime mission of such aircraft. 
(4) The need for such aircraft for the future base force. 
(5) The current age, projected service life, and programmed 
retirement date for such aircraft. 
(6) A list of aircraft programmed in the current future-
years defense program to be purchased or to be transferred 
from the active components to the reserve components. 
(7) The funds programmed in the current future-years 
defense program for procurement of replacement operational 
support and administrative transport airlift aircraft, and the 
acquisition strategy proposed for each type of replacement air-
craft so programmed. 
(e) DEFINITION.—For purposes of this section, the term "future-
years defense program" means the future-years defense program 
submitted to Congress pursuant to section 221 of title 10, United 
States Code. 
SEC. 155. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PRO-
GRAM. 
(a) SUBMISSION OF REPORTS ON ALTERNATIVE TECHNOLOGIES.— 
Section 173(bXl) of the National Defense Authorization Act for 
Fiscal Year 1993 (PubHc Law 102-484; 106 Stat. 2343) is amended 
by striking out the period at the end and inserting in lieu thereof 
"and a period of 60 days has passed following the submission 
of the report. During such 60-day period, each Chemical Demili-
tarization Citizens' Advisonr Commission in existence on the date 
of the enactment of the ^fational Defense Authorization Act for 
Fiscal Year 1994 may submit such comments on the report as 
it considers appropriate to the Committees on Armed Services of 
the Senate and House of Representatives.**. 
(b) EXTENSION OF DEADLINE FOR SUBMISSION OF REVISED CON-
CEPT PLAN.—Section 175(d) of such Act (106 Stat. 2344) is amended so use I52i 
by striking out "not later than 180 days" and all that follows "°*® 
and insertmg in lieu thereof "during the 120-day period beginning 
at the end of the 60-day period following the submission of the 
report of the Secretary reqmred under section 173.**. 
107 STAT. 1580 
PUBLIC LAW 103-160—NOV. 30, 1993 
Texas. 
Real property. 
Contracts. 
Claims. 
SEC. 166. CHEMICAL MUNITIONS DISPOSAL FACIUnES, TOOELE 
AKMY DEPOT, UTAH. 
(a) LIMITATION PENDING CERTIFICATION.—After Januanr 1, 
1994, none of the funds appropriated to the Department of Defense 
for fiscal year 1993 or 1994 may be obligated for the systemization 
of chemical munitions disposal facilities at Tooele Army Depot, 
Utah, until the Secretary of Defense submits to Congress a certifi-
cation described in subsection 0^). 
(b) CERTIFICATION REQUIREMENT.—^A certification referred to 
in subsection (a) is a certification submitted by the Secretary of 
Defense to Congress that— 
(1) the operation of the chemical munitions disposal facili-
ties at Tooele Army Depot will not jeopardize the health, safety, 
or welfare of the community surrounding Tooele Army Depot; 
and 
(2) adequate base support, management, oversight, and 
security personnel to ensure the public safety in the operation 
of chemical munitions disposal facilities constructed and oper-
ated at Tooele Army Depot will remain at that depot while 
chemical munitions storage or disposal activities continue. 
(c) SUPPORTING REPORT,—The Secretary of Defense shall 
include with a certification under this section a report specifying 
all base support, management, oversight, and security personnel 
to be retained at Tooele Army Depot after the realignment of 
that depot is completed. 
SEC. 
1
6
7
. 
AUTHORITY 
TO 
CONVEY 
LOS 
ALAMOS 
DRY 
DOCK. 
(a) AUTHORITY.—^The Secretary of the Navy may convey to 
the Brownsville Navigation District of Brownsville, Texas, all right, 
title, and interest of the United States in and to the dry dock 
designated as Los Alamos (AFDB7). 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the Brownsville Navigation District shall permit 
the Secretary of the Navy— 
(1) to use real property which is (A) located on and near 
a ship channel, (B) imder the ownership or control of the 
Brownsville Navigation District, and (C) not used by the 
Brownsville Navigation District, except that such use shall 
be only for traimng purposes and snail be permitted for a 
five-year period beginning on the date of the transfer; 
(2) to use such property under paragraph (1) without 
reimbursement from the Secretary of the Navy; and 
(3) to use the dock for dockage services, without reimburse-
ment from the Secretary of the Navy, except that such use 
shall be for not more than 45 days each year during the 
period referred to in paragraph (1) and shall be subject to 
all applicable Federal and State laws, including laws on mainte-
nance and dredging. 
(c) EXTENSION OF USE.—^At the end of the five-year period 
referred to in subsection (bXD, the Secretary of the Navy and 
the chief executive officer of the Brownsville Navigation District 
may enter into an agreement to extend the period during which 
the Secretary may use real property and dockage under subsection 
(b). 
(d) CONDITION.—As a condition of the conveyance authorized 
by subsection (a), the Secretary shall enter into an agreement 
with the Brownsville Navigation District under which the Browns-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1581 
ville Navigation District agrees to hold the United States harmless 
for any claim arising witli respect to the drydock after the convey-
ance of the drydock other than as a result of use of the dock 
by the Navy pursuant to subsection (b) or an agreement under 
subsection (c). 
SEC. 158. SALES AUTHORrnr OF CERTAIN WORKING-CAPITAL FUNDED 
INDUSTRIAL FACIUTIES OF THE ARMY. 
(a) IN GENERAL.—(1) Chapter 433 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§4543. Army industrial facilities: sales of manufactured 
articles or services outside Department of Defense 
**(a) AUTHORITY TO SELL OUTSIDE DOD.—Regulations under 
section 2208(h) of this title shall authorize a working-capital funded 
Army industrial facility (including a Department of the Army 
arsenal) that manufactures large caliber cannons, gun mounts, 
recoil mechanisms, ammunition, munitions, or components thereof 
to sell manufactured nondefense-related commercial articles or serv-
ices to a person outside the Department of Defense if— 
"(1) in the case of an article, the article is sold to a United 
States manufacturer, assembler, developer, or other concern— 
"(A) for use in developing new products; 
"(B) for incorporation into items to be sold to, or to 
be used in a contract with, an agency of the United States; 
"(C) for incorporation into items to be sold to, or to 
be used in a contract with, or to be used for purposes 
of soliciting a contract with, a friendly foreign government; 
or 
**(D) for use in commercial products; 
''(2) in the case of an article, the purchaser is determined 
by the Department of Defense to be qualified to carry out 
the proposed work involving the article to be purchased; 
"(3) the sale is to be made on a basis that does not interfere 
with performance of work by the facility for the Department 
of Defense or for a contractor of the Department of Defense; 
and 
''(4) in the case of services, the services are related to 
an article authorized to be sold under this section and are 
to be performed in the United States for the purchaser. 
"(b) ADDITIONAL REQUIREMENTS.—The regulations shall also— 
"(1) require that the authority to sell articles or services 
under the regulations be exercised at the level of the com-
mander of the msgor subordinate command of the Army with 
responsibility over the facility concerned; 
"(2) authorize a purchaser of articles or services to use 
advance incremental funding to pay for the articles or services; 
and 
"(3) in the case of a sale of commercial articles or commer-
cial services in accordance with subsection (a) by a facility 
that manufactures large caliber cannons, gun mounts, or recoil 
mechanisms, or components thereof, authorize such facility— 
"(A) to charge the buyer, at a minimum, the variable 
costs that are associated with the commercial articles or 
commercial services sold; 
107 STAT. 1582 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(B) to enter into a firm, fixed-price contract or, if 
agreed by the buyer, a cost reimbursement contract for 
the sale; and 
''(C) to develop and maintain (from sources other than 
appropriated funds) working capital to be available for 
paying design costs, planning costs, procurement costs, and 
other costs associated with the commercial articles or 
commercial services sold. 
"(c) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.—Nothing 
in this section shall be construed to affect the application of the 
export controls provided for in section 38 of the Arms Export Control 
Act (22 U.S.C. 2778) to items which incorporate or are produced 
through the use of an article sold under this section. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'commercial article' means an article that 
is usable for a nondefense purpose. 
"(2) The term 'commercial service' means a service that 
is usable for a nondefense purpose. 
"(3) The term 'advance incremental funding*, with respect 
to a sale of articles or services, means a series of partial 
payments for the articles or services that includes— 
"(A) one or more 
partial 
pajrments 
before the 
commencement of work or the incurring of costs in connec-
tion with the production of the articles or the performance 
of the services, as the case may be; and 
"(B) subsequent progress payments that result in full 
pajrment being completed as the required work is being 
completed. 
"(4) The term 'variable costs', with respect to sales of arti-
cles or services, means the costs that are expected to fluctuate 
directly with the volume of sales and— 
"(A) in the case of articles, the volume of production 
necessary to satisfy the sales orders; or 
"(B) in the case of services, the extent of the services 
sold.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4543. Army industrial facilities: sales of manufactured articles or services outside 
Department of Defense.". 
(b) CONFORMING AMENDMENT.—Subsection (i) of section 2208 
10 use 2208. 
of such title is amended to read as follows: 
"(i) For provisions relating to sales outside the Department 
of Defense of manufactured articles and services by a working-
capital funded Army industrial facility (including a Department 
of the Army arsenal) that manufactures large caliber cannons, 
gun mounts, recoil mechanisms, ammunition, munitions, or compo-
nents thereof, see section 4543 of this title.". 
10 use 4543 
(c) DEADLINE FOR REGULATIONS.—^Regulations \mder subsection 
"ote. 
(b) of section 4543 of title 10, United States Code, as added by 
subsection (a), shall be prescribed not later than 30 days after 
the date of the enactment of this Act. 
SEC. 159. SPACE-BASED MISSILE WARNING AND SURVEILLANCE PRO-
GRAMS. 
(a) AMOUNT FOR PROGRAMS.—Of the amounts authorized to 
be appropriated by section 104, not to exceed $801,900,000 shall 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1583 
be available for space-based missile warning and surveillance pro-
grams. 
(b) TRANSFER AUTHORITY.—^To the extent provided in appropria-
tions Acts, during fiscal year 1994 funds may be transferred from 
the amoimt available for space-based missile warning and stuveil-
lance programs pursuant to subsection (a) to programs specified 
in subsection (c) as follows: 
(1) Before March 1,1994, up to $250,000,000. 
(2) On or after March 1, 1994, any unobligated amount 
remaining for space-based missile warning and surveillance 
programs pursuant to subsection (a). 
(c) PROGRAMS TO WFLICH TRANSFERRED.—A transfer under sub-
section (b) may be made to any of the following programs: 
(1) The Follow-on Early Warning System. 
(2) The Defense Support Program. 
(3) The Brilliant Eyes Program. 
(4) The Cobra Ball Upgrade Program. 
(d) 
RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The 
authority to make transfers under subsection (b) is in addition 
to the authority provided in section 1101. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—-Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby ai:Lthorized to be appropriated for fiscal year 
1994 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as follows: 
(1) For the Army, $5,197,467,000. 
(2) For the Navy,, $8,376,737,000. 
(3) For the Air Force, $12,289,211,000. 
(4) For Defense-wide activities, $9,042,949,000, of which— 
(A) $242,592,000 is authorized for the activities of the 
Director, Test and Evaluation; and 
(B) $12,650,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT. 
(a) FISCAL YEAR 1994.—Of the amounts authorized to be appro-
priated by section 201, $4,283,935,000 shall be available for basic 
research and exploratory development projects. 
(b) 
BASIC 
RESEARCH 
AND 
EXPLORATORY 
DEVELOPMENT 
DEFINED.—For purposes of this section, the term "basic research 
and exploratory development" means work funded in program ele-
ments for defense research and development under Department 
of Defense category 6.1 or 6.2. 
107 STAT. 1584 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOP-
MENT PROGRAM. 
Of the amounts authorized to be appropriated by section 201, 
$150,000,000 shall be available for the Strategic Environmental 
Research and Development Program. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 21L KINETIC ENERGY ANTISATELLTTE PROGRAM. 
(a) CONVERSION OF PROGRAM.—The Secretary of Defense shall 
convert the Kinetic Energy Antisatellite (KE-ASAT) Program to 
a tactical antisatellite technologies program. 
(b) LEVEL FUNDING.—Of the amounts authorized to be appro-
priated in this title, $10,000,000 shall be available for fiscal year 
1994 for engineering development under the program. 
(c) DEVELOPMENT OF MOST CRITICAL TECHNOLOGIES.—The 
amount referred to in subsection (b) shall be available for engineer-
ing development of the most critical antisatellite technologies. 
(d) LIMITATION PENDING SUBMISSION OF REPORT.—No funds 
appropriated to the Department of Defense for fiscal year 1994 
may be obligated for the Kinetic Energy Antisatillite (KE-ASAT) 
program until the Secretary of Defense submits to Congress the 
report required by section 1363 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2560) 
that contains, in addition to the matter required by such section, 
the Secretary's certification that there is a requirement for an 
antisatellite program. 
SEC. 212. B-IB BOMBER PROGRAM. 
Of the amount authorized to be appropriated pursuant to sec-
tion 201 for the Air Force for fiscal year 1994, not more than 
$49,000,000 shall be available for the B-IB bomber program. 
SEC. 213. SPACE LAUNCH MODERNIZATION PLAN. 
(a) PLAN REQUIRED.—(1) The Secretary of Defense shall develop 
a plan that establishes and clearly defines priorities, goals, and 
milestones regarding modernization of space launch capabilities 
for the Department of Defense or, if appropriate, for the Government 
as a whole. The plan shall specify whether the Secretary intends 
to allocate funds for a new space launch vehicle or other major 
space launch development initiative in the next future-years defense 
program submitted pursuant to section 221 of title 10, United 
States Code. 
(2) The plan shall be developed in consultation with the Director 
of the Office of Science and Technology Policy. 
(3) The Secretary shall submit the plan to Congress at the 
same time in 1994 that the Secretary submits to Congress the 
next future-years defense program. 
(b) ALLOCATION OF FUNDS.—Of the amount authorized to be 
appropriated in section 201, $35,000,000 shall be available through 
the Office of the Undersecretary of Defense for Acquisition and 
Technology for research, development, test, and evaluation of new 
non-man-rated space launch systems and technologies. None of 
that amoiint may be obligated or expended for any operational 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1585 
United States space launch vehicle system in existence as of the 
date of the enactment of this Act. Of that amount— 
(1) $17,000,000 shall be available for the single-stage rocket 
technology (SSRT) program, including— 
(A) completion of phase one of the SSRT program begun 
in the Ballistic Missile Defense Office; 
(B) concept studies for new reusable space laimch 
vehicles; 
(C) data base development on domestic and foreign 
launch systems to support design-to-cost, engine develop-
ment, and reduced life-cycle costs; and 
(D) examination of reusable engine thrust chamber 
component applications to achieve advanced producibility, 
cost, and durability information needed for improved 
designs; and 
(2) $18,000,000 shall be available for similar tasks related 
to expendable launch vehicles, including— 
(A) concept studies for new expendable space launch 
vehicles; 
(B) data base development on domestic and foreign 
launch systems to support design-to-cost, engine develop-
ment, and reduced life-cycle costs; and 
(C) examination of expendable engine thrust chamber 
component applications to achieve advanced producibility, 
cost, and durability information needed for improved 
designs. 
(c) REQUIREMENTS REGARDING DEVELOPMENT OF NEW LAUNCH 
VEHICLES.—If the space launch plan under subsection (a) identifies 
a new, non-man-rated expendable or reusable laimch vehicle tech-
nology for development or acquisition, the Secretary shall explore 
innovative government-industry funding, management, and acquisi-
tion strategies to minimize the cost and time involved. 
(d) COST REDUCTION REQUIREMENT.—The plan shall provide 
for a means of reducing the cost of producing existing launch 
vehicles at current and projected production rates below the current 
estimates of the costs for those production rates. 
(e) STUDY OF DIFFERENCES BETWEEN UNITED STATES AND FOR-
EIGN SPACE LAUNCH VEHICLES.—<1) The Secretary of Defense shall 
conduct a comprehensive study of the differences between existing 
United States and foreign expendable space laimch vehicles in 
order— 
(A) to identify specific differences in the design, manufac-
ture, processing, and overall management and infrastructure 
of such space launch vehicles; and 
(B) to determine the approximate effect of the differences 
on the relative cost, reliability, and operational efficiency of 
such space launch vehicles. 
(2) The Secretary shall consult with the Administrator of the 
National Aeronautics and Space Administration and, as appro-
priate, the heads of other Federal agencies and appropriate person-
nel of United States industries and academic institutions in carrying 
out the study. 
(3) The Secretary shall submit to Congress a report of the Reports. 
results of the study no later than October 1,1994. 
107 STAT. 1586 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 214. MEDICAL 
COUNTERMEASURES 
AGAINST 
BIOWARFARE 
THREATS. 
(a) IN GENERAL.—Chapter 139 of title 10, United States Code, 
is amended by inserting after section 2370 the following new section: 
*
*
§ 2370a. Medical 
countermeasures 
against 
biowarfare 
threats: allocation of funding between near-term 
and other threats 
"(a) ALLOCATION BETWEEN NEAR-TERM AND OTHER THREATS.— 
Of the funds appropriated or otherwise made available for any 
fiscal year for the medical component of the Biological Defense 
Research Program (BDRP) of the Department of Defense — 
"(1) not more than 80 percent may be obligated and 
expended for product development, or for research, develop-
ment, test, or evaluation, of medical countermeasures against 
near-term validated biowarfare threat agents; and 
"(2) not more than 20 percent may be obligated or expended 
for product development, or for research, development, test, 
or evaluation, of medical countermeasures against mid-term 
or far-term validated biowarfare threat agents. 
"(b) DEFINITIONS.—In this section: 
"(1) The term Validated biowarfare threat agent' means 
a biological agent that— 
"(A) is named in the biological warfare threat list pub-
lished by the Defense Intelligence Agency; and 
"(B) is identified as a biowarfare threat by the Deputy 
Chief of Staff of the Army for Intelligence in accordance 
with Army regulations applicable to intelligence support 
for the medical component of the Biological Defense 
Research Program. 
"(2) The term 'near-term validated biowarfare threat agent' 
means a validated biowarfare threat agent that has been, or 
is being, developed or produced for weaponization within 5 
years, as assessed and determined by the Defense Intelligence 
Agency. 
"(3) The term *mid-term validated biowarfare threat agent' 
means a validated biowarfare threat agent that is an emerging 
biowarfare threat, is the object of research by a foreign threat 
coimtry, and will be ready for weaponization in more than 
5 years and less than 10 years, as assessed and determined 
by the Defense Intelligence Agency. 
"(4) The term Tar-term validated biowarfare threat agent' 
means a validated biowarfare threat agent that is a future 
biowarfare threat, is the object of research by a foreign threat 
country, and could be ready for weaponization in more than 
10 years and less than 20 years, as assessed and determined 
by the Defense Intelligence Agency. 
"(5) The term 'weaponization' means incorporation into 
usable ordnance or other militarily useful means of delivery.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2370 the following new item: 
"23708. Medical countermeasures against biowarfare threats: allocation of funding 
between near-term and other threats.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1587 
SEC. 21S. 
FEDERALLY 
FUNDED 
RESEARCH 
AND 
DEVELOPMENT 
CEN-
TERS. 
(a) CENTERS COVERED.—^Funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1994 pursu-
ant to £ui authorization of appropriations in section 201 may be 
obligated to procure work from a federally funded research and 
development center only in the case of a center named in the 
report required by subsection (b) and, in the case of such a center, 
only in an amount not in excess of the amount of the proposed 
fimding level set forth for that center in such report. 
(b) REPORT ON ALIXXJATIONS FOR CENTERS.—Not later than 
30 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees 
a report containing— 
(1) the name of each federally funded research and develop-
ment center from which work is proposed to be procured for 
the Department of Defense for fiscal year 1994; and 
(2) for each such center, the proposed funding level and 
the estimated personnel level for fiscal year 1994. 
The total of the proposed funding levels set forth in the report 
for all federally funded research and development centers may 
not exceed the amount set forth in subsection (d). 
(c) LIMITATION PENDING SUBMISSION OF REPORT.—No funds 
appropriated or otherwise made available for the Department of 
Defense for fiscal year 1994 may be obligated to obtain work from 
a federally funded research and development center until the Sec-
retary of Defense submits the report required by subsection (b). 
(d) POINDING.—Of the amounts authorized to be appropriated 
to the Department of Dijfense for research, development, test, and 
evaluation for fiscal year 1994 pursuant to section 201, not more 
than a total of $1,352,650,000 may be obligated to procure services 
from the federally funded research and development centers named 
in the report required by subsection (b). 
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—The Secretarv 
of Defense may waive the limitation regarding the maximum fund-
ing amount that applies under subsection (a) to a federally funded 
research and development center. Whenever the Secretary proposes 
to make such a waiver, the Secretary shall submit to the congres-
sional defense committees notice of the proposed waiver and the 
reasons for the waiver. The waiver may then be made only after 
the end of the 60-day period that be^ns on the date on which 
the notice is submitted to those committees, unless the Secretary 
determines that it is essential to the national security that funds 
be obligated for work at that center in excess of that limitation 
before the end of such period and notifies the congressional defense 
committees of that determination and the reasons for the determina-
tion. 
(f) UNDISTRIBUTED REDUCTION.—The total amount authorized 
to be appropriated for research, development, test, and evaluation 
in section 201 is hereby reduced by $200,000,000. 
SEC. 216. DEMONSTRATION PROGRAM FOR BALLISTIC MISSILE POST-
LAUNCH DESTRUCT MECHANISM. 
(a) DEMONSTRATION PROGRAM.—The Secretary of Defense shall 
conduct a demonstration program to develop and test a ballistic 
missile post-launch destruct mechanism. The program shall be car-
ried out through the Advanced Research Projects Agency. 
107 STAT. 1588 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) FUNDING.—^The amount expended for the demonstration 
program may not exceed $15,000,000. Subject to the provisions 
of appropriations Acts, the Secretary may provide $5,000,000 for 
the pro-am from unexpended balances remaining available for 
obligation from funds appropriated to the Department of Defense 
for fiscal year 1993. 
(c) WAIVER.—^The Secretary of Defense may waive the require-
ment to conduct a demonstration program under subsection (a) 
if the Secretary certifies to the congressional defense committees 
that conducting such a program is not in the national security 
interest of the United States. 
SEC. 217. HIGH PERFORMANCE COMPUTING AND COMMUNICATION 
INITIATIVE. 
(a) INDEPENDENT STUDY.—Within 30 days after the date of 
the enactment of this Act, the Secretary of Defense, in consultation 
with the Director of the Office of Science and Technology Policy, 
shall request the National Research Council (NRC) to conduct a 
comprehensive study of the inter-agency High Performance Comput-
ing and Communications Initiative (HPCCI). 
(b) MATTERS To BE INCLUDED.—The study shall address (at 
a minimum) the following aspects of the High Performance Comput-
ing and Communications Initiative: 
(1) The basic underlying rationale for the program, includ-
ing the appropriate balance between Federal efforts and private 
sector efforts. 
(2) The appropriateness of the goals and directions of the 
program. 
(3) The balance between various elements of the program. 
(4) The likelihood that the various goals of the program 
will be achieved. 
(5) The effectiveness of the mechanisms for obtaining the 
views of industry and the views of users for the planning 
and implementation of the program. 
(6) The management and coordination of the program. 
(7) The relationship of the program to other Federal support 
of high performance computing and communications, including 
acquisition of high performance computers by Federal depart-
ments and agencies in support of the mission needs of such 
departments and agencies. 
(c) COOPERATION WITH STUDY.—^The Director of the Office of 
Science and Technology Policy shall direct all relevant Federal 
agencies to cooperate fully with the National Research Council 
in all aspects of this study. The heads of Federal agencies receiving 
the directive shall cooperate in accordance with the provisions of 
the directive. 
(d) FUNDING.—^The Secretary shall make available from funds 
available for the High Performance Computing and Communications 
Program of the Department of Defense amounts not to exceed 
$500,000 for the National Research Council to conduct the study 
under subsection (a). 
(e) REPORTS.—^The Secretary of Defense shall include in an 
agreement with the National Academy of Sciences that provides 
for the study, a requirement that the National Research Council 
submit an interim report and a final report on the results of 
the stuchr to the Secretaiy of Defense and to the Director of the 
Office 01^ Science and Technology Policy, The interim report shall 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1589 
be submitted not later than July 1, 1994, and the final report 
shall be submitted not later than February 1, 1995. Promptly after 
receiving the reports, the Director of the Office of Science and 
Technology Policy shall submit the reports to Congress and may 
submit with the reports such additional comments as the Director 
considers appropriate. Tlie reports shall be submitted to Congress 
in unclassified form with classified annexes as necessary. 
SEC. 218. SUPERCONDUCTING MAGNETIC ENERGY STORAGE (SMES) 
PROGRAM. 
(a) PROGRAM OFFICE.—^The Secretary of Defense shall establish 
within the Department of the Navy a program ofiice to facilitate 
research and design studies leading to possible construction of 
Superconducting Magnetic Energy Storage (SMES) test models. 
(b) FUNDING.—^Immediately upon enactment of this Act, the 
Secretary of Defense shall transfer from the Defense Nuclear 
Agency to the Department of the Navy any funds appropriated 
for fiscal years before fiscal year 1994 that were designated for 
the Superconducting Magpietic Energy Storage Project that remain 
available for obUgation. Those funds shall be obligated for (1) contin-
ued work for experiments and studies described m section 218(bX4) 
of the National Defense Authorization Act of 1993 (Public Law 
102-484; 106 Stet. 2353), and (2) study of alternative SMES designs. 
(c) COORDINATION WITH DEPARTMENT OF ENERGY.—Research 
work of the Department of the Navy described in subsection (a) 
shall be coordinated with emerging Superconducting Magnetic 
Energy Storage research being carried out within the Department 
of Energy. 
(d) DEADLINE.—^The office referred to in subsection (a) shall 
be created and staffed not later than 30 days after the date of 
the enactment of this Act. 
SEC. 219. ADVANCED SELF PROTECTION JAMMER (ASPJ) PROGRAM. 
Notwithstanding section 122 of the National Defense Authoriza-
tion Act for Fiscal Year 1!}93 (PubUc Law 102-484; 106 Stat. 2334), 
the Secretory of Defense may carry out material procurement, logis-
tics support, and integration of existing Advanced Self Protection 
Jammer systems from Department of Defense inventory into the 
F-14D aircraft for testing and evaluation using funds appropriated 
to the Department of Defense for fiscal year 1993 and prior years. 
SEC. 220. ELECTRONIC COMBAT SYSTEMS TESTING. 
(a) DETAILED TEST AND EVALUATION BEFORE INITIAL LOW-RATE 
PRODUCTION.—^The Secretary of Defense shall ensure that any elec-
tronic combat system and any command, control, and communica-
tions countermeasure system is authorized to proceed into the low-
rate initial production stege only upon the completion of an appro-
priate, rigorous, and structured test and evaluation regime. Such 
a regime shall include testing and evaluation at each of the follow-
ing types of facilities: computer simulation and modeling facilities, 
measurement facilities, system integration laboratories, simulated 
threat hardware-in-the-loop test facilities, instolled system test 
facilities, and open air ranges. 
(b) TIMELY TEST AND EVALUATION REQUIRED.—The Secretary 
shall ensure that test and evaluation of a system as required 
bv subsection (a) is conducted sufficiently early in the development 
phase to allow— 
Public 
information. 
Classified 
information. 
Establishment. 
107 STAT. 1590 
PUBLIC LAW 103-160—NOV. 30, 1993 
(1) a correction-of-deficiency plan to be developed and in 
place for deficiencies identified by the testing before the system 
proceeds into low-rate initial production; and 
(2) the deficiencies identified by test and evaluation to 
be corrected before the system proceeds beyond low-rate initial 
production. 
(c) ANNUAL REPORT ON COMPLIANCE.—The Secretary of Defense 
shall include in the annual Department of Defense Electronic War-
fare Plan report a description of compliance with this section during 
the preceding year. Such a report shall include a description of 
the test and evaluation process applied to each system, the results 
of that process, and the adequacy of test and evaluation resources 
to carry out that process. 
(d) FUNDS USED FOR TESTING.—The costs of the testing nec-
essary to carry out this section with respect to any system shall 
be paid from funds available for that system. 
(e) APPLICABILITY.—^The provisions of subsections (a) and (b) 
shall apply to any ACAT I level electronic combat system milestone 
I program and to any command, control, and communications 
coimtermeasure system milestone I program that is initiated after 
the date of the enactment of this Act. 
Utah. 
SEC. 221. LIMITATION ON FUGHT TESTS OF CERTAIN MISSILES. 
(a) LIMITATION.—During the one-year period beginning on the 
date of the enactment of this Act, the Secretary of Defense may 
not conduct a flight test program of theater missile defense intercep-
tors and sensors if an anticipated result of the launch of a missile 
under that test program would be release of debris within 50 
miles of the Canyonlands National Park, Utah. 
(b) DEFINITION OF DEBRIS.—^For purposes of subsection (a), 
the term "debris" does not include particulate matter that is regu-
lated for considerations of air quality. 
SEC. 222. JOINT ADVANCED ROCKET SYSTEM. 
(a) PROGRAM REQUIREMENT.—^None of the funds appropriated 
pursuant to authorizations in section 201 or otherwise made avail-
able for fiscal year 1994 for research, development, test, and evalua-
tion for the Department of Defense may be obligated for any 
technology for a 2.75-inch rocket or missile program that is 
inconsistent with the goals and objectives of the joint Advanced 
Rocket System program or that would otherwise not result in the 
use of a common 2.75-inch rocket motor by all components of 
the Department of Defense. 
(b) ARMY PROGRAM.—Of the amount authorized for the Army 
imder section 201, $5,500,000 shall be available for participation 
by the Department of the Army in the Advanced Rocket System 
program. 
(c) FUNDING LIMITATION PENDING REPORT.—Of the amount 
appropriated pursuant to section 201 for the Department of the 
Navy for the Advanced Rocket System (program element 604603N) 
and for the Department of the Army for program element 603313A, 
not more than 75 percent may be obligated until the end of the 
30-day period beginning on the date on which the Secretary of 
Defense submits to the congressional defense committees a report 
on the matters specified in subsection (d). 
(d) REPORT CONTENTS.—^The matters referred to in subsection 
(c) are the following: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1591 
(1) A cost and operational efifectiveness cuialysis (COEA) 
of 2.75-inch hypervelocity rockets, jointly developed by the mili-
tary services. 
(2) If the analysis referred to in paragraph (1) vaUdates 
the requirement for such hypervelocity rockets, an evaluation 
(prepared jointly by the Army and the Navy) of the feasibility 
of incorporating hypervelocity rocket technology into the 
Advanced Rocket System. 
(3) A plan (prepared jointly by the Army and the Navy) 
for the transition of total responsibility for 2.75-inch rocket 
systems to the Rocket Management OfEice of the Army. 
SEC. 223. STANDOFF AIR-TO-SURFACE MUNITIONS TECHNOLOGY 
DEMONSTRATION. 
(a) IN GENERAL.—(1) Of the amounts authorized to be appro-
priated pursuant to section 201, up to $2,000,000 of the amount 
for the Navy and up to $2,000,000 of the amount for the Air 
Force may be used for the conduct of a demonstration of 
nondevelopmental technolo^ that would enable the use of a single 
adaptor kit for mimitions aescribed in paragraph (2) in order to 
give those munitions a standoff, near-precision guided capability. 
(2) Paragraph (1) applies to unguided, in-inventory munitions 
of the class of 1,000 pounds and below. 
(b) REQUEST FOR INFORMATION.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of the Navy 
shall issue a request for information for nondevelopmental muni-
tions adaptor kits for the purpose described in subsection (a). 
(c) C
O
N
T
R
A
C
T
O
R SEI^CTION.—Not later than 30 days after the 
closing date of the request for information under subsection (b), 
the Secretary of the Navy shall determine whether any of the 
responses received have sufficient technical merit to justify the 
conduct of a technology demonstration. If the Secretary determines 
that the conduct of such a technology demonstration is justified, 
the Secretary shall select the single most promising technology 
oftered, if applicable, for that demonstration. 
(d) TECHNOLOGY DEMONSTRATION.—If the Secretary determines 
under subsection (c) that a technology demonstration is warranted, 
the Secretary shall require the contractor selected to complete a 
suitable nondevelopmental item demonstration of the contractor's 
adaptor kit proposal. 
(e) REPORT.—If a contractor is selected in accordance with 
subsection (c) and a demonstration is accomplished in accordance 
with subsection (d), the Secretary of the Navy shall submit to 
the congressional defense committees a report detailing the results 
£uid costs of the demonstration and the applicability of the tech-
nology demonstrated in providing the Armed Forces with an 
inexpensive solution to providing near-precision guided munition 
capability to in-inventoiy munitions. 
SEC. 
224. 
STANDARD 
EXTREMELY 
HIGH 
FREQUENCY 
WAVEFORM. 
The Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition and Technology, shall establish a single 
standard for all components of the Department of Defense for 
the set of waveforms to be used for medium data rate (MDR) 
commimications using an extremely high frequency (EHF) band. 
The standard shall be established not later than June 1, 1994. 
107 STAT. 1592 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 225. E3CrENSION OF PROmBITION ON TESTING MID-INFRARED 
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. 
Subtitle C—^Missile Defense Programs 
SEC. 231. FUNDING FOR BALUSTIC MISSILE DEFENSE PROGRAMS 
FOR FISCAL YEAR 1994. 
(a) TOTAL AMOUNT.—Of the amounts appropriated pursuant 
to section 201 for fiscal year 1994 or otherwise made available 
to the Department of Defense for research, development, test, and 
evaluation for fiscal year 1994, not more than $2,638,992,000 may 
be obligated for programs managed by the Ballistic Missile Defense 
Organization. 
(b) ALLOCATION TO PROGRAM ELEMENTS.—Of the amount speci-
fied in subsection (a)— 
(1) not more than $1,450,992,000 shall be available for 
programs, projects, and activities within the Theater Missile 
Defense program element; 
(2) not more than $650,000,000 shall be available for pro-
grams, projects, and activities within the Limited Defense Sys-
tem program element; and 
(3) a total of not more than $538,000,000 shall be available 
for programs, projects, and activities within the Research and 
Support Activities program element, including funding for the 
Small Business Innovation Research Program and the Small 
Business Technology Transfer Program. 
(c) TRANSFER AUTHORITIES.—(1) Notwithstanding the limita-
tions set forth in paragraphs (1) through (3) of subsection (b), 
the Secretary of Defense may transfer funds among the program 
elements managed by the Ballistic Missile Defense Organization. 
The total amount that may be transferred pursuant to the preceding 
sentence— 
(A) from any program element named in subsection (b) 
may not exceed 10 percent of the amount specified for that 
program element in subsection (b); and 
(B) to any program element named in subsection (b) may 
not result in an increase by more than 10 percent of the 
amount specified for that program element in that subsection. 
(2) The authority under paragraph (1) may not be used to 
transfer funds from the Theater Missile Defense program element. 
(3) The authority under paragraph (1) may not be used to 
transfer funds from the Limited Defense System program element 
to the program element for Research and Support Activities. 
(4) Amounts transferred pursuant to paragraph (1) shall be 
merged with and be available for the same purposes as the amounts 
to which transferred. 
(d) LIMITATIONS.—^None of the funds authorized to be obligated 
imder subsection (a) may be obligated for the Brilliant Eyes space-
based sensor program. Such funds may be obligated for the Brilliant 
Pebbles program only within the Research and Support Activities 
program element and in an amount not in excess of $35,000,000. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1593 
(e) REPORT ON ALLOCATION OF FUNDS.—Not later than 60 days 
after Uie date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the allocation of funds appropriated for the ballistic missile defense 
program for fiscal year 1994. The report— 
(1) shall specify the amoimt of such funds allocated for 
each program, prqject, and activity managed by the Ballistic 
Missile Defense Organization; and 
(2) shall list each ballistic missile defense program, project, 
and activity under the appropriate program element. 
SEC. 232. REVISIONS TO MISSILE DEFENSE ACT OF 1991. 
The Missile Defense Act of 1991 (part C of title II of Public 
Law 102-190; 10 U.S.C. 2431 note) is amended as follows: 
(1) Section 232(a) is amended— 
(A) in paragraph (1), by striking out "while deploying" 
and inserting in lieu thereof "while developing, and 
maintaining the option to deploy,"; and 
(B) in paragraph (3), by inserting ", as appropriate," 
before "to friends and allies of the United States". 
(2) Section 232(b) is amended— 
(A) in paragraph (1), by striking out "the Soviet Union" 
and inserting in lieu thereof "other nuclear weapons 
states"; and 
(B) in paragraph (2)— 
(i) by striking out "the Soviet Union" and inserting 
in lieu thereof "Russia"; and 
(ii) by striking out "Treaty, to include the down-
loading of multiple warhead ballistic missiles" and 
inserting in lieu thereof "Treaties, to include the down-
loading of multiple warhead ballistic missiles, as appro-
priate". 
(3) Section 233(b) is amended— 
(A) in paragraph (1), by inserting "in compliance with 
the ABM Treaty, including any protocol or amendment 
thereto" after "for deployment"; 
(B) in paragraph (2), by striking out "develop for 
deployment" and inserting in lieu thereof "conduct a 
research and development program to develop and main-
tain the option to deploy"; and 
(C) by striking out paragraph (3). 
(4) Subsection (c) of section 233 is amended to read as 
follows: 
"(c) PRESIDENTIAL ACTIONS.—Congress urges the President to 
pursue immediate discussions with Russia and other successor 
states of the former Soviet Union, as appropriate, on the feasibility 
of, and mutual interest in, amendments to the ABM Treaty to 
permit— 
"(1) clarification of the distinctions for the purposes of 
the ABM Treaty between theater missile defenses and anti-
ballistic missile defenses, including interceptors, radars, and 
other sensors; and 
"(2) increased use of space-based sensors for direct battle 
management.". 
(5) Section 235 is amended— 
69-194 O - 94 - 21 : QL. 3 Part 2 
107 STAT. 1594 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) in the section heading, by striking out "STRATEGIC 
DEFENSE iNrnATiYE" and inserting in lieu thereof''BALLIS-
TIC MISSILE DEFENSE PROGRAM"; 
(B) in subsection (a)— 
(i) by striking out "Strategic Defense Initiative" 
and inserting in lieu thereof "Ballistic Missile Defense 
program"; and 
(ii) by striking out paragraphs (2) and (3) and 
'
f 
redesignating paragraph (4) as paragraph (2); and 
(C) in subsection (b), by striking out "Strategic Defense 
Initiative" and inserting in lieu thereof "Ballistic Missile 
Defense program". 
(6) Section 236 is amended— 
(A) in the section heading, by striking out "SDl" and 
inserting in lieu thereof "BMD"; 
(B) by striking out subsections (b) and (c); and 
(C) by redesignating subsection (d) as subsection (b) 
and in paragraph (1) of that subsection by striking out 
"within the" and all that follows in that paragraph and 
inserting in lieu thereof "within the Limited Defense Sys-
tem program element.". 
(7) Section 238 is amended by striking out "As deployment" 
and all that follows through "deplojrment date," and inserting 
in lieu thereof "Once development testing of components for 
a Limited Defense System has begun,". 
SEC. 233. PATRIOT ADVANCED CAPABILnY-3 THEATER MISSILE 
DEFENSE SYSTEM. 
(a) COMPETITION FOR MISSILE SELECTION.—The Secretary of 
Defense shall continue the strategy being carried out by the Ballistic 
Missile Defense Organization as of October 1, 1993, for selection 
of the best technology (in terms of cost, schedule, risk, and perform-
ance) to meet the missile requirements for the Patriot Advanced 
Capability-3 (PAC-3) theater missile defense system. That strategy, 
consisting of flight testing, ground testing, simulations, and other 
analyses of the weapon systems referred to in subsection (d), shall 
be continued imtil the Secretary determines that the Ballistic Mis-
sile Defense Organization has adequate information upon which 
to base a decision as to which missile will be selected to proceed 
into the Engineering and Manufacturing Development stage. 
(b) IMPLICATIONS OF DELAY.—If there is a delay (based upon 
the schedule in effect in October 1993) in the selection described 
in subsection (a) of the missile for the Patriot Advanced Capability-
3 system, the Secretary of Defense shall ensure that demonstration 
and validation of both competing systems can continue as needed 
to support an informed decision for such selection. 
(c) FUNDING FOR CERTAIN BALLISTIC MISSILE RDT&E.—If a 
decision is not made before February 28, 1994, to proceed into 
the Engineering and Manufacturing Development stage under a 
weapon system program referred to in subsection (d), the funds 
appropriated pursuant to the authorization of appropriations in 
section 201 that are available for engineering and manufacturing 
development for such a program shall be available for research, 
development, test, and evaluation of the Patriot PAC-3 Missile 
program. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1595 
(d) COVERED WEAPON SYSTEM PROGRAMS.—For purposes of sub-
sections (a) and (c), the weapon system programs referred to in 
this subsection are as follows: 
(1) The Patriot Multimode Missile Program. 
(2) The Extended Range Interceptor (ERINT) missile 
program. 
SEC. 234. COMPLIANCE OF BALUSTIC MISSILE DEFENSE SYSTEMS 
10 USC 2431 
AND COMPONENTS WITH ABM TREATY. 
note. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Section 232(aXl) of the Missile Defense Act of 1991 
(10 U.S.C. 2431 note) establishes a goal for the United States 
to comply with the ABM Treaty (including any protocol or 
amendment thereto) and not develop, test, or deploy any ballis-
tic missile defense system, or component thereof, in violation 
of that treaty (as modified by any protocol or amendment 
thereto) while deploying an anti-ballistic missile system capable 
of jjroviding a highly effective defense of the United States 
against limited attacks of ballistic missiles. 
(2) The Department of Defense has conducted no formal 
compliance review of any of the components or systems sched-
uled for early deployment as jjart of either the Theater Missile 
Defense Initiative or the initial limited defense system to be 
located at Grand Forks, North Dakota. 
(3) The Department of Defense is continuing to obligate 
hundreds of millions of dollars for the development and testing 
of systems or components of ballistic missile defense systems 
before a determination has been made that, if successfully 
developed, tested, or deployed, those systems and components 
would be in compliance with the ABM Treaty. 
(4) The President requested the authorization and appro-
priation of additional funds for continued development of such 
systems and components during fiscal year 1994. 
(5) The United States and its allies face existing and 
expanding threats from ballistic missiles capable of being used 
as theater weapon systems that are presentlv possessed by, 
being developed by., or being acquired by a numoer of countries, 
including Iraq, Iran, and North Korea. 
(6) Some theater ballistic missiles presently deployed or 
being developed (such as the Chinese-made CSS--2) have 
capabilities equal to or greater than the capabilities of missiles 
which were determined to be strategic missiles more than 20 
years ago under the SALT I Interim Agreement of 1972 entered 
into between the United States and the Soviet Union. 
(7) The ABM Treatv was not intended to, and does not, 
apply to or limit researcn, development, testing, or deployment 
of missile defense stystems, system upgrades, or system compo-
nents that are designed to counter modern theater ballistic 
missiles, regardless of the capabilities of such missiles, unless 
those systems, system upgrades, or system components are 
tested against or have demonstrated capabilities to counter 
modem strategic ballistic missiles. 
(8) It is a national security priority of the United States 
to develop and deploy highly effective theater missile defense 
systems capable of countering the existing and expanding 
threats posed by modem theater ballistic missiles as soon as 
is technically possible. 
107 STAT. 1596 
PUBLIC LAW 103-160—NOV. 30, 1993 
(9) It is essential that the Secretary of Defense immediately 
imdertake and complete a review for compliance with the ABM 
Treaty of proposed theater missile defense systems, system 
upgrades, and system components so as to not delay the devel-
opment and deployment of such highly effective theater missile 
defense systems. 
(b) REQUIRED COMPLIANCE REVIEW.—(1) The Secretary of 
Defense shall review the current baseline configuration of each 
system or system upgrade specified in paragraph (2), and the system 
components, to determine whether the development, testing, or 
deplojrment of that system or system upgrade would be in compli-
ance with the ABM Treaty, including the interpretation of the 
Treaty set forth in the enclosure to the July 13, 1993, ACDA 
letter. 
(2) The systems and system upgrades to be reviewed pursuant 
to paragraph (1) are the following: 
(A) The Patriot Multimode Missile. 
(B) The Extended Range Interceptor (ERINT). 
(C) The Ground-Based Radtu* for theater missile defenses 
(GBR-T). 
(D) The Theater High Altitude Area Defense interceptor 
missile (THAAD). 
(E) The Brilliant Eyes space-based sensor system. 
(F) Upgrades to the AEGIS/SPY radar system of the Navy. 
(G) Upgrades to the Standard Missile-2 (SM-2) interceptor 
of the Navy. 
Reports. 
(3) If during the course of the compliance review imder para-
graph (1) (or any other such compliance review of a ballistic missile 
system or system upgrade), an issue arises that appears to indicate 
) 
that a provision of^the ABM Treaty may limit research, develop-
ment, testing, or deployment by the United States of highly efiTective 
theater missile defense systems capable of countering modem thea-
ter ballistic missiles, the Secretary of Defense shall immediately 
submit to the appropriate congressional committees a report on 
that issue. 
(c) REPORT.—(1) For each system and system upgrade specified 
in paragraph (2) of subsection (b), the Secretary shall submit to 
the appropriate congressional committees a report on the results 
of the review required by that subsection. A report may include 
the results of the reviews of more than one system and system 
upgrade. For any system or system upgrade determined not to 
be in compliance with the ABM Treaty, the Secretary shall indicate 
(A) what changes to the ABM Treaty would be required for the 
system to be deemed compliant with such modified ABM Treaty, 
and (B) what changes to the performance capability of the system 
or system upgrade would be required in order for it to become 
compliant with the existing Treaty, together with the effect of 
those performance capability changes on the effectiveness of the 
planned missile defense architecture. 
(2) With regard to the Brilliant Eyes space-based sensor system, 
the Secretary shall include in the report findings on each of the 
following issues: 
(A) Whether the current baseline configuration of the Bril-
liant Eyes space-based sensor system womd comply with the 
ABM Treaty if the system were used in coi\junction with the 
planned groimd-based radar system and its ground-based inter-
ceptors at Grand Forks, North Dakota. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1597 
(B) If not, whether design changes or operational changes 
can be made to the Brilliant Eyes space-based sensor system 
that^ 
(i) will result in the sensor system, when employed 
in co]:\junction with the planned ground-based radar system. 
and its ground-based interceptors, being in compliance with 
the ABM Treaty; and 
(ii) will not prevent the sensor system from performing 
its strategic defense missions with a high degree of 
effectiveness. 
(C) If not, whether the Brilliant Eyes space-based sensor 
system can be made, through design changes or operational 
changes, for use only with theater missile defense systems 
and 1^ in compliance with the ABM Treaty. 
(D) If so, the extent to which deployment of the Brilliant 
Eves space-based sensor system would enhance the capability 
of upper-tier theater defense systems and lower-tier theater 
defense systems, respectively. 
(d) 
LIMITATIONS 
ON 
FUNDING 
PENDING 
SUBMISSION 
OF 
REPORT.—(1) Not more than 50 percent of the funds reported pursu-
ant to section 231(e) to be allocated for fiscal year 1994 for a 
system or system upgrade specified in subsection (b)(2) may be 
obligated for that system or system upgrade, or any of its compo-
nents, imtil the Secretary completes the compliance review of such 
system or system upgrade required by subsection (b) and submits 
to the appropriate congressional committees the report on the 
results of the compliance review of that system or system upgrade 
as required by subsection (c). 
(2) Fimds appropriated to the Department of Defense for fiscal 
year 1994, or othervdse made available to the Department of 
Defense from any funds appropriated for fiscal year 1994 or for 
any fiscal year biefore 1994, may not be obligated or expended— 
(A) for any development or testing of anti-ballistic missile 
systems or components except for development and testing 
consistent with tne interpretation of the ABM Treaty set forth 
in the enclosure to the July 13,1993, ACDA letter; or 
(B) for the acquisition of any material or equipment (includ-
ing long lead mattirials, components, piece parts, or test equip-
ment, or any modified space launch vehicle) required or to 
be used for the development or testing of anti-ballistic missile 
systems or components, except for material or equipment 
required for development or testing consistent with the 
interpretation of the ABM Treaty set forth in the enclosure 
to the July 13,1993, ACDA letter. 
(e) DEFINITIONS.—In this section: 
(1) The term "July 13, 1993, ACDA letter" means the 
letter dated July 13, 1993, from the Acting Director of the 
Arms Control and Disarmament Agency to the chairman of 
the Committee on Foreign Relations of the Senate relating 
to the correct interpretation of the ABM Treaty and accom-
panied by an enclosure setting forth such interpretation. 
(2) The term "ABM Treaty" means the Treaty between 
the United States of America and the Union of Soviet Socialist 
Republics on the Limitation of Anti-Ballistic Missiles, signed 
in Moscow on May 26,1972. 
(3) The term "appropriate congressional committees" 
means— 
107 STAT. 1598 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Appropriations 
of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Committee on Appropriations 
of the Senate. 
10 use 2431 
SEC. 235. THEATER MISSILE DEFENSE MASTER PLAN. 
"° • 
(a) INTEGRATION AND COMPATIBILITY.—In carrying out the 
Theater Missile Defense Initiative, the Secretary of Defense shall— 
(1) seek to maximize the use of existing systems and tech-
nologies; and 
(2) seek to promote joint use by the military departments 
of existing and future ballistic missile defense equipment 
(rather than each military department developing its own sys-
tems that would largely overlap in their capabilities). 
The Secretaries of the military departments shall seek the maxi-
mum integration and compatibility of their ballistic missile defense 
systems as well as of the respective roles and missions of those 
systems. 
Reports. 
(b) TMD MASTER PLAN.—The Secretary of Defense shall submit 
to Congress a report (which shall constitute the TMD master plan) 
containing a thorough and complete analysis of the future of theater 
missile defense programs. The report shall include the following: 
(1) A description of the mission and scope of Theater Missile 
Defense. 
(2) A description of the role of each of the Armed Forces 
in Theater Missile Defense. 
(3) A description of how those roles interact and com-
plement each other. 
(4) An evaluation of the cost and relative effectiveness 
i 
of each interceptor and sensor under development as part of 
a Theater Missile Defense system by the Ballistic Missile 
Defense Organization. 
(5) A detailed acquisition strategy which includes an analy-
sis and comparison of the projected acquisition and life-cycle 
costs of each Theater Missile Defense system intended for 
production (shown separately for research, development, test, 
and evaluation, for procurement, for operation and mainte-
nance, and for personnel costs for each system). 
(6) Specification of the baseline production rate for each 
year of the program through completion of procurement. 
(7) An estimate of the unit cost and capabilities of each 
system. 
(8) A description of plans for theater and tactical missile 
defense doctrine, training, tactics, and force structure. 
(c) DESCRIPTION OF TESTING PROGRAM.—The Secretary of 
Defense shall include in the report under subsection (b)— 
(1) a description of the current and projected testing pro-
gram for Theater Missile Defense systems and major compo-
nents; and 
(2) an evaluation of the adequacy of the testing program 
to simulate conditions similar to tnose the systems and compo-
nents would actually be expected to encounter if and when 
deployed (such as the ability to track and engage multiple 
targets with multiple interceptors, to discriminate targets from 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1599 
decoys and other incoming objects, and to be employed in a 
shoot-look-shoot firing mode). 
(d) RELATIONSHIP TO ARMS CONTROL TREATIES.—The Secretary 
shall include in the report under subsection (b) a statement of 
how production and deployment of any projected Theater Missile 
Defense program will conform to all relevant arms control agree-
ments. Tiie report shall describe any potential noncompliance with 
any such agreement, when such noncompliance is expected to occur, 
and whether provisions need to be renegotiated within that agree-
ment to address future contingencies. 
(e) SUBMISSION OF REPORT.—^The report required by subsection 
(b) shall be submitted as part of the next annual report of the 
Secretary submitted to Congress under section 224 of Public Law 
101-189 (10 U.S.C. 2431 note). 
(f) OBJECTIVES OF PLAN.—In preparing the master plan, the 
Secretary shall— 
(1) seek to maximize the use of existing technologies (such 
as SM-2, AEGIS, Patriot, and THAAD) rather than develop 
new systems; 
(2) seek to maximize integration and compatibility among 
the systems, roles, and missions of the military departments; 
and 
(3) seek to promote cross-service use of existing equipment 
(such as development of Army equipment for the Marine Corps 
or groimd utilization of an air or sea system). 
(g) REVIEW AND REPORT ON DEPLOYMENT OF BALLISTIC MISSILE 
DEFENSES.—(1) The Secretary of Defense shall conduct an intensive 
and extensive review of opportunities to streamline the weapon 
systems acquisition process applicable to the development, testing, 
and deplojrment of theater ballistic missile defenses with the objec-
tive of reducing the cost of deployment and accelerating the schedule 
for deployment without significantly increasing programmatic risk 
or concurrency. 
(2) In conducting the review, the Secretary shall obtain rec-
ommendations and ad\ice from— 
(A) the Defense Science Board; 
(B) the faculty of the Industrial College of the Armed 
Forces; and 
(C) federally funded research and development centers 
supporting the Office of the Secretary of Defense. 
(3) Not later than May 1, 1994, the Secretary shall submit 
to the congressional defense committees a report on the Secretary's 
findings resulting from the review under paragraph (1), together 
with any recommendations of the Secretary for legislation. The Public 
Secretary shall submit the report in unclassified form, but may information. 
submit a classified version of the report if necessary to clarify 
any of the information in the findings or recommendations or any 
related information. The report may 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. 236. LIMITED DEFENSE SYSTEM DEVELOPMENT PLAN. 
(a) REQUIREMENT FOR REPORT.—(1) The Secretary of Defense 
shall submit to the congressional defense committees a report on 
the development plan for a Limited Defense System covering the 
period of fiscal years 1994 through 1999. 
107 STAT. 1600 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The report irnder paragraph (1) shall be submitted not 
later than May 30, 1994, and may be included in the next annual 
report on ballistic missile defenses submitted to Congress under 
section 224 of Public Law 101-189 (10 U.S.C. 2431 note). 
(b) ISSUES TO B E ADDRESSED IN REPORT.—The report under 
subsection (a) shall include discussion of the following matters: 
(1) The proposed Limited Defense System architecture. 
(2) The systems and components to be developed to imple-
ment that architecture. 
(3) The extent to which those systems and components 
can be developed during the period referred to in subsection 
(a), assuming annual funding for the Limited Defense System 
averaging $600,000,000 per year. 
(4) The additional funding required and the additional 
time required after fiscal year 1999 in order for initial deploy-
ment of a limited, ABM-Treaty-compliant capability at a single 
site to be implemented. 
(5) The variations in both required funding and required 
time after fiscal year 1999 for the same initial deplojonent 
to be implemented— 
(A) if funding for a Limited Defense System during 
fiscal years 1995 through 1999 averages $750,000,000 per 
year; and 
(B) if funding for a Limited Defense System during 
fiscal years 1995 through 1999 averages $450,000,000 per 
year. 
(6) The extent to which missile defense technologies and 
components that are developed for Theater Missile Defense 
systems to be deployed before fiscal year 2000 can reduce 
the development costs and lead-times for development and 
deplojrment of a Limited Defense System. 
(7) The extent to which acquisition streamlining can be 
applied to the development of a Limited Defense System. 
(8) The extent to which the testing and simulation infra-
structure, the level of engineering and technical support, the 
extensive reliance on studies and analyses by contractors, and 
the substantial use of outside contractors for systems engineer-
ing and technical analysis which the Ballistic Missile Defense 
Organization has inherited from the Strategic Defense Initiative 
Organization can be reduced given the re-evaluation of the 
Ballistic Missile Defense program that has emerged from the 
Bottom-Up Review of the Secretory of Defense which was con-
ducted during 1993. 
(9) Such other matters as the Secretory considers impor-
tent. 
SEC. 237. THEATER AND LIMITED DEFENSE SYSTEM TESTING. 
(a) TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.— 
Except for the acquisition of those production representative mis-
siles required for the completion of developmental and operational 
testing, the Secretary of Defense may not approve a theater missile 
defense interceptor program proceeding into the Low-Rate Initial 
Production (Milestone IIIA) acquisition stage until the Secretary 
certifies to the congressional defense committees that more than 
two realistic live-fire tests, consistent with section 2366 of title 
10, United States Code, have been conducted, the results of which 
demonstrate the achievement by the interceptors of the weapons 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1601 
systems performance goals specified in the system baseline docu-
ment established pursuant to section 2435(aXlXA) of title 10, 
United States Code, before the program entered engineering and 
manufacturing systems development. The live-fire tests demonstrat-
ing such resists shall involve multiple interceptors and multiple 
targets in the presence of realistic coimtermeasures. 
(b) ADVANCE REVIEW AND APPROVAL OF PROPOSED DEVEL-
OPMENTAL 
TESTS 
OF 
LIMITED 
DEFENSE 
SYSTEM 
PROGRAM 
PROJECTS.—A developmental test may not be conducted under the 
Limited Defense System program element of the Ballistic Missile 
Defense Program until the Secretary of Defense reviews and 
approves (or approves with changes) the test plan for such devel-
opmental test. 
(c) INDEPENDENT MONITORING OF TESTS.—<1) The Secretary 
shall provide for monitoring of the implementation of each test 
plan referred to in subsection (b) by a group composed of persons 
who— 
(A) by reason of education, training, or experience are 
qualified to monitor the testing covered by the plan; and 
(B) are not assigned or detailed to, or otherwise performing 
duties of, the Ballistic Missile Defense Organization and are 
otherwise independent of such organization. 
(2) The monitoring group shall submit to the Secretary its 
analysis of, and conclusions regarding, the conduct and results 
of each test monitored by the group. 
SEC. 238. ARROW TACTICAL ANTI-MISSILE PROGRAM. 
Israel. 
(a) ENDORSEMENT OF COOPERATIVE RESEARCH AND DEVELOP-
MENT.—Congress reiterates its endorsement (previously stated in 
section 225(aX5) of Public Law 101-510 (104 Stat. 1515) and section 
241(a) of Public Law 102-190 (105 Stat. 1326)) of a continuing 
E
rogram of cooperative research and development, jointly funded 
y the United States and Israel, on the Arrow Tactical Anti-Missile 
program. 
(b) PROGRAM GOAL.—^The goal of the cooperative program is 
to demonstrate the feasibility and practicality of the Arrow system 
and to permit the government of Israel to make a decision on 
its own initiative regarding deployment of that system without 
financial participation by the IJnited States beyond the research 
and development stage. 
(c) ARROW 
CONTINUING EXPERIMENTS.—The Secretary of 
Defense, from amounts appropriated to the Department of Defense 
piursuant to section 201 for Defense-wide activities and available 
for the Ballistic Missile Defense Organization, shall fund the United 
States contribution to the fiscal year 1994 Arrow Continuing Experi-
ments program in an amount not to exceed $56,400,000. 
(d) ARROW DEPLOY 
ABILITY INITIATIVE.—<1) Subject to paragraph 
(2), the Secretary of Defense may obligate funds appropriated pursu-
ant to section 201 in an amount not to exceed $25,000,000 for 
the purpose of research and development of technologies associated 
with deploying the Arrow missile in the future (including tech-
nologies associated with battle management, lethality, system 
integration, and test bed systems). 
(2) Funds may not be obligated for the purpose stated in para-
graph (1) (other than as required to satisfy the conditions set 
forth in this paragraph) unless the President certifies to Congress 
thal^ 
107 STAT. 1602 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) the United States and the government of Israel have 
entered into an agreement governing the conduct and funding 
of research and development projects for the purpose stated 
in paragraph (1); 
(B) each project in which the United States will join under 
that agreement (i) will have a benefit for the United States, 
and (ii) has not been barred by other congressional direction; 
(C) the Arrow missile has successfully 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 con-
trols pursuant to the Guidelines and Annex of the Missile 
Technology Control Regime. 
(e) SENSE OF CONGRESS ON EXPEDITING TEST PROGRAM.—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 discussions on the agreement referred 
to in subsection (d)(2)(A) without waiting for the condition specified 
in subsection (dX2XC) to be met first. 
SEC. 239. REPORT ON ARROW TACTICAL ANTI-MISSILE PROGRAM. 
(a) REPORT REQUIRED.—^Not later than April 1, 1994, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the Arrow Tactical Anti-Missile program. The 
Secretary shall design the report to provide those committees with 
the information they need in order to perform their oversight func-
tion. The Secretary shall obtain the information for the report 
from actual program data to which the United States Government 
has access, to the extent possible, or, if necessary, from the best 
estimates available to the United States Grovemment. 
(b) CONTENT OF REPORT.—^The report shall include (at a mini-
mum) the following: 
(1) The development and procurement schedules for the 
program. 
(2) The estimated annual and total cost of the program. 
(3) The estimated total cost to the United States of involve-
ment in the program, including funding provided throiigh for-
eign military sales financing under the Arms Export Control 
Act. 
(4) A detailed description of the contract types and cost 
estimating data for the program. 
(5) An assessment of the performance of the Arrow intercep-
tor and the Arrow system. 
(6) An evaluation of the development and production risks 
under the program. 
(7) Alternatives to the Arrow interceptor and Arrow system 
for meeting the tactical ballistic missile defense needs of Israel, 
including providing Israel with an existing or planned United 
States weapon system. 
(8) For each such alternative— 
(A) an assessment of the cost effectiveness of undertek-
ing the alternative; 
(B) the technology transfer implications; and 
(C) the weapon proliferation implications. 
(c) FORM OF REPORT.—^The Secretary shall submit the report 
in classified and unclassified versions. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1603 
(d) CONSTRUCTION OF SECTION.—^Nothing in this section shall 
be construed to endorse United States participation in any aspect 
of the .^rrow program beyond the research and development pro-
grams authorized by law. 
SEC. 240. TECHNICAL AMENDMENTS TO ANNUAL REPORT REQUIRE-
MENT TO REFLECT CREATION OF BALLISTIC MISSILE 
DEFENSE 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 Defense program"; 
(2) by striking out "Strategic Defense Initiative" in sub-
section (bX5) and inserting in lieu thereof "Ballistic Missile 
Defense"; 
(3) by striking out "SDI" each place it appears and inserting 
in lieu thereof "BMD"; and 
(4) by striking out the section heading and inserting in 
lieu thereof the following: 
"SEC. 224. ANNUAL REI'ORT ON BALUSTIC MISSILE DEFENSE PRO-
GRAM.". 
SEC. 241. CLEMENTINE SATELLITE PROGRAM. 
(a) FINDING.—^The Congress finds that the program of the 
Ballistic Missile Defense Organization that is known as the "Clem-
entine" program, consisting of a satellite space project that will, 
among other matters, provide valuable information about asteroids 
in the vicinity of Earth, represents an important opportunity for 
transfer of Department of Defense technology for civilian purposes 
and should be supported. 
(b) CONGRESSIONAL ViEWS.—The Congress urges the Secretary 
of Defense— 
(1) to identify an appropriate management structure within 
either the Advanced Research Projects Agency or one of the 
military departments to which the Clementine program and 
related programs of general applicability to civilian, commer-
cial, and military space programs might be transferred; and 
(2) to consider mnding for the Clementine program to be 
a priority within whatever agency or department is identified 
as described in paragraph (1) and to provide funds for that 
program at an appropriate level. 
SEC. 242. COOPERATION OF UNITED STATES ALUES ON DEVELOP- 10 USC 2431 
MENT OF TACTICAL AND THEATER MISSILE DEFENSES, note. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Systems to provide effective defense against theater 
and tactical ballistic missiles that may be developed and 
deployed by the United States have the potential to make 
contributions to the national security interests of nations that 
are allies of the United States that would be eoual to or 
greater than the contributions such systems would make to 
the national security interests of the United States. 
(2) The cost of developing and deploying a broad spectrum 
of such systems will be several tens of billions of dollars. 
(3) A truly cooperative multinational approach to the devel-
opment and deplo>yment of such systems could substantially 
reduce the financial burden of such an undertaking on any 
107 STAT. 1604 
PUBLIC LAW 103-160—NOV. 30, 1993 
one country and would involve additional sources of techno-
logical expertise. 
(4) While leaders of nations that are allies of the United 
States have stated an interest in becoming involved, or increas-
ing involvement, in United States tactical missile defense pro-
grams, the governments of those nations are unlikely to support 
programs for theater missile defense development and deploy-
ment unless, at a minimum, they can participate in meaningful 
ways in the planning and execution of such programs, including 
active participation in research and development and produc-
tion of the systems involved. 
(5) Given the high cost of developing theater ballistic mis-
sile defense systems, the participation of United States allies 
in the efforts to develop tactical missile defenses would result 
in substantial savings to the United States. 
(b) PLAN AND REPORTS.—(1) The Secretary of Defense shall 
develop a plan to coordinate development and implementation of 
Theater Missile Defense programs of the United States with theater 
missile defense programs of United States allies, with the goal 
of avoiding duplication of effort, increasing interoperability, and 
reducing costs. The plan shall set forth in detail any financial, 
in-kind, or other form of participation by each nation in cooperative 
efforts to plan, develop, produce, and deploy theater ballistic missile 
defenses for the mutual benefit of the countries involved. 
(2) The Secretary shall submit to Congress a report on the 
plan developed under paragraph (1). The report shall be submitted 
in both classified and unclassified versions, as appropriate, and 
may be submitted as a component of the next Tneater Missile 
Defense Initiative report to Congress. 
(3) The Secretary shall include in each annual Theater Missile 
Defense Initiative report to Congress a report on actions taken 
to implement the plan developed under paragraph (1). Each such 
report shall set forth the status of discussions between the United 
States and United States allies for the purposes stated in that 
paragraph and shall state the status o
f
^ contributions by those 
allies to the Theater Missile Defense Cooperation Account, shown 
separately for each alUed country covered by the plan. 
(c) RESTRICTION ON FUNDS.—Of the total amount appropriated 
pursuant to authorizations in this Act for theater ballistic missile 
defense programs, not more than 80 percent may be obligated 
until— 
(1) the report under subsection (bX2) is submitted to Con-
gress; and 
(2) the President certifies in writing to Congress that rep-
resentatives of the United States have formally submitted to 
each of the member nations of the North Atlantic Treaty 
Organization and to Japan, Israel, and South Korea a proposal 
concerning the matters described in the report. 
The President may submit with such certification a report of similar 
formal contacts with any other country that the President considers 
appropriate. 
(d) SENSE OF CONGRESS.—^It is the sense of Congress that 
whenever the United States deploys theater ballistic missile 
defenses to protect another country, or the military forces of another 
country, that has not provided financial or in-kind support for 
development of theater ballistic missile defenses, the United States 
should consider whether it is appropriate to seek reimbursement 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1605 
from that country to cover at least the incremental cost to the 
United States of such deplo3anent. 
(e) 
ALUED 
PARTICIPATION IN T M D PROGRAMS.—Congress 
encourages allies of the United States, and particularly those allies 
that would benefit most from deployment of Theater Missile Defense 
systems, to participate in, or to increase participation in, cooperative 
Theater Missile Defense programs of the United States. Congress 
also encourages participation by the United States in cooperative 
theater missile defense efforts of allied nations as such programs 
emerge. 
(0 FUND FOR ALLIED CONTRIBUTIONS.—(1) Chapter 155 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
*
*
§ 2609. Theater Missile Defense: acceptance of contributions 
from allies; Theater Missile Defense Cooperation 
Account 
"(a) ACCEPTANCE AUTHORITY.—The Secretary of Defense may 
accept from any allied foreign government or any international 
organization any contribution of money made by such foreign 
government or international organization for use by the Department 
of Defense for Theater Missile Defense programs. 
"(b) ESTABLISHMENT OF THEATER MISSILE DEFENSE COOPERA-
TION ACCOUNT.—(1) There is established in the Treasury a special 
account to be known as the Theater Missile Defense Cooperation 
Account'. 
"(2) Contributions accepted by the Secretary of Defense under 
subsection (a) shall be credited to the Account. 
"(c) USE OF THE ACCOUNT.—Funds in the Account are hereby 
made available for obligation for research, development, test, and 
evaluation, and for procurement, for Theater Missile Defense pro-
grams of the Department of Defense. 
"(d) INVESTMENT OF MONEY.—(1) Upon request by the Secretary 
of Defense, the Secretary of the Treasury may invest money in 
the Accoimt in securities of the United States or in securities 
guaranteed as to principal and interest by the United States. 
"(2) Any interest or other income that accrues from investment 
in securities referred to in paragraph (1) shall be deposited to 
the credit of the Account. 
"(e) NOTIFICATION OF CONDITIONS.—The Secretary of Defense 
shall notify Congress of any condition imposed by the donor on 
the use of any contribution accepted by the Secretary under the 
authority of this section. 
"(D ANNUAL AUDIT BY GAO.—The Comptroller General of the 
United States shall conduct an annual audit of money accepted 
by the Secretary of Defense under this section and shall submit 
a copy of the results of each such audit to Congress. 
"(g) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations to carry out this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2609. Theater Missile Defense: acceptance of contributions from allies; Theater 
Missile Defense Cooperation Account.". 
SEC. 243. TRANSFER OF FOLLOW-ON TECHNOLOGY PROGRAMS. 
10 USC 2431 
(a) MANAGEMENT RESPONSIBILITY.—Except as provided in sub- "
°
*
® 
section (b), the Secretary of Defense shall provide that management 
107 STAT. 1606 
PUBLIC LAW 103-160—NOV. 30, 1993 
and budget responsibility for research and development of any 
program, project, or activity to develop far-term follow-on technology 
relating to ballistic missile defense shall be provided through the 
Advanced Research Projects Agency or the appropriate military 
department. 
(b) WAIVER AuTHORiry.—^The Secretary may waive the provi-
sions of subsection (a) in the case of a particular program, project, 
or activity if the Secretary certifies to the congressional defense 
committees that it is in the national security interest of the United 
States to provide management and budget responsibility for that 
program, project, or activity through the Ballistic Missile Defense 
Organization. 
(c) REPORT REQUIRED.—^As a part of the report required by 
section 231(e), the Secretary shall submit to the congressional 
defense committees a report identifying— 
(1) each program, project, and activity with respect to which 
the Secretary has transferred management and budget respon-
sibility from the Ballistic Missile Defense Organization in 
accordance with subsection (a); 
(2) the agency or military department to which each such 
transfer was made; and 
(3) the date on which each such transfer was made. 
(d) DEFINITION.—^For the purposes of this section, the term 
"far-term follow-on technology" means a technology that is not 
^ • - ' 
incorporated into a ballistic missile defense architecture and is 
not likely to be incorporated within 15 years into a weapon system 
for ballistic missile defense. 
(e) CONFORMING AMENDMENT.—Section 234 of the Missile 
1
0 use 2431 
Defense Act of 1991 is repealed. 
note. 
*
^ 
Subtitle D—^Women's Health Research 
SEC. 261. DEFENSE WOMEN'S HEALTH RESEARCH CENTER. 
(a) AUTHORITY TO ESTABLISH CENTER.—The Secretary of 
Defense may establish a Defense Women's Health Research Center 
(hereinafter in this section referred to as the ''Center") at an existing 
Department of Defense medical center to serve as the coordinating 
agent for multidisciplinary and multi-institutional research within 
the Department of Defense on women's health issues related to 
service in the Armed Forces. The Secretary shall determine whether 
or not to establish the Center not later than May 1, 1994. If 
established, the Center shall also coordinate with research sup-
ported by the Department of Health and Human Services and 
other agencies that is aimed at improving the health of women. 
(b) SUPPORT OF RESEARCH.—The Center shall support health 
research into matters relating to the service of women in the mili-
tary, including the following matters: 
(1) Combat stress and trauma. 
(2) Exposure to toxins and other environmental hazards 
associated with military equipment. 
(3) Psychology related stress in warfare situations. 
(4) Mental health, including post-traumatic stress disorder 
and depression. 
(5) Human factor studies related to women in combat areas. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1607 
(c) COMPETITION REQUIREMENT RELATING TO ESTABLISHMENT 
OF CENTER.—^The Center may be established only pursuant to a 
competition among existing Department of Defense medical centers. 
(d) IMPLEMENTATION PLAN.—The Secretary of Defense shall 
prepare a plan for the implementation of subsection (a). The plan 
shall be submitted to the Committees on Armed Services of the 
Senate and House of Representatives before May 1,1994. 
(e) AcTivrnES FOR FISCAL YEAR 1994.—During fiscal year 1994, 
the Center may address the following: 
(1) Program planning, infrastructure development, baseline 
information gathering, technology infusion, and connectivity. 
(2) Management and technical stafilng. 
(3) Data base development of health issues related to serv-
ice by women on active duty as compared to service by women 
in the National Guard or Reserves. 
(4) Research protocols, cohort development, health surveil-
lance, and epidemiologic studies, to be developed in coordination 
with the Centers for Disease Control and the National 
Institutes of Health whenever possible. 
(f) FUNDING.—Of the funds authorized to be appropriated 
pursuant to section 201, $20,000,000 shall be available for the 
establishment of the Center or for medical research at existing 
Department of Defense medical centers into matters relating to 
service by women in the military. 
(g) REPORT.—(1) If the Secretary of Defense determines not 
to establish a women's health center under subsection (a), the 
Secretary shall submit to the Committees on Armed Services of 
the Senate and House of Representatives, not later than May 1, 
1994, a report on the plans of the Secretary for the use of the 
fiinds described in subsection (f). 
(2) If the Secretary determines to establish the Center, the 
Secretary shall, not less than 60 days before the establishment 
of the Center, submit to those committees a report describing the 
planned location for the Center and the competitive process used 
in the selection of that location. 
SEC. 252. INCLUSION OF WOMEN AND MINORITIES IN CUNICAL 
10 USC 2358 
RESEARCH PROJECTS. 
note. 
(a) GENERAL RUI..E.—In conducting or supporting clinical 
research, the Secretary of Defense shall ensure that— 
(1) women who are members of the Armed Forces are 
included as subjects in each project of such research; and 
(2) members of minority groups who are members of the 
Armed Forces are included as subjects of such research. 
(b) WAIVER AUTHORITY.—^The requirement in subsection (a) 
regarding women and members of minority groups who are mem-
bers of the Armed Forces may be waived by the Secretary of 
Defense with respect to a project of clinical research if the Secretary 
determines that the inclusion, as subjects in the project, of women 
and members of minority groups, respectively— 
(1) is inappropriate with respect to the health of the sub-
jects; 
(2) is inappropriate with respect to the purpose of the 
research; or 
(3) is inappropriate under such other circumstances as 
the Secretary of Defense may designate. 
107 STAT. 1608 
PUBLIC LAW 103-160—NOV. 30, 1993 
(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 Secretaiy of Defense shall ensure that the 
project is designed and carried out so as to provide for a valid 
analysis of whether the variables being tested in the research 
affect women or members of minority groups, as the case may 
be, differently than other persons who are subjects of the research. 
Subtitle E^Other Matters 
42 use 2121 
SEC. 261. NUCLEAR WEAPONS EFFECTS TESTING BY DEPARTMENT OF 
note. 
DEFENSE. 
(a) LIMITATION ON OBLIGATION OF FUNDS.—The Secretaiy of 
Defense may not obligate funds in preparation for any activity 
of the Department of Defense, including the so-called "Mighty 
Uncle" test, to study the effects of a nuclear weapon explosion 
through imderground nuclear weapons testing imless that test is 
permitted in accordance with the provisions of section 507 of Public 
Law 102-377 (106 Stat. 1343). 
(b) CERTAIN ACTIONS NOT PROHIBITED.—Subsection (a) does 
not preclude the Secretary of Defense, acting through the Director 
of the Defense Nuclear Agency, from— 
(1) proceeding with undergroimd nuclear test tunnel deacti-
vation and environmental cleanup; or 
(2) expending funds for infrastructure activities not covered 
by the limitation in subsection (a). 
(c) FUNDING.—Of the funds authorized to be appropriated 
pursuant to section 201 for Defense-wide activities, not more than 
$38,000,000 may be used for activities described in subsection (b). 
SEC. 262. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT RESPON-
SIBILITY FOR NAVY MINE COUNTERMEASURES PROGRAM 
TO THE DIRECTOR, DEFENSE RESEARCH AND ENGINEER-
ING. 
Section 216(a) of the National Defense Authorization for Fiscal 
106 Stat. 2352. 
Years 1992 and 1993 (Public Law 102-190) is amended by striking 
out "fiscal years 1994 through 1997" and inserting in lieu thereof 
"fiscal years 1995 through 1999". 
SEC. 263. TERMINATION, REESTABUSHMENT, AND RECONSTITUTION 
OF AN ADVISORY COUNCIL ON SEMICONDUCTOR TECH-
NOLOGY. 
15 u s e 4603 
(a) TERMINATION OF ADVISORY COUNCIL ON FEDERAL PARTICIPA-
^°^^- 
TION IN SEMATECH.—^The advisory council known as the Advisory 
Council on Federal Participation in Sematech, established by section 
273 of the National Defense Authorization Act for Fiscal Years 
1988 and 1989 (15 U.S.C. 4603), is hereby terminated. 
(b) SEMICONDUCTOR TECHNOLOGY COUNCIL.—Section 273 of the 
National Defense Authorization Act for Fiscal Years 1988 and 1989 
(15 U.S.C. 4603) is amended by striking out the heading and sub-
sections (a) through (c) and inserting in lieu thereof the following: 
-SEC. 273. SEMICONDUCTOR TECHNOLOGY COUNCIL. 
"(a) ESTABLISHMENT.—There is established the Semiconductor 
Technology Coimcil. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1609 
*
*
(
b
) PURPOSES AND FUNCTIONS.—(1) The purposes of the Council 
are the following: 
"(A) To link assessment by the semiconductor industry 
of future market and national security needs to opportunities 
for technology development through cooperative public and pri-
vate investment. 
"(B) To seek ways to respond to the technology challenges 
for semiconductors hv fostering precompetitive cooperation 
among industry, the Federal Grovemment, and institutions of 
higher education. 
''(C) To make available judgments, assessments, insights, 
and recommendations that relate to the opportimities for new 
research and development efforts and the potential to better 
rationalize and align industry and government contributions 
to semiconductor research and development. 
"(2) The Council shall carrv out the following functions: 
"(A) Advise Sematecn and the Secretary of Defense on 
appropriate technology goals and appropriate level of effort 
for the research and (levelopment activities of Sematech. 
**(B) Review the emerging markets, technology develop-
ments, and core technology challenges for semiconductor 
research and development and semiconductor manufacturing 
and explore opportunities for improved coordination among 
industry, the Federal Government, and institutions of higher 
education regarding such developments and challenges. 
"(C) Assess the effect on the appropriate role of Sematech 
of public and private; sector international agreements in semi-
conductor research and development. 
"(D) Exchange views regarding the competitiveness of 
United States semiconductor technology and new or emerging 
semiconductor technologies that could affect national economic 
and security interests. 
"(E) Exchange and update information and identify over-
laps and gaps regarding the efforts of industry, the Federal 
Grovemment, and institutions of higher education in semi-
conductor research and development. 
"(F) Assess technology progress relative to industry require-
ments and Federal (jovemment requirements, responding as 
appropriate to the challenges in the national semiconductor 
technology roadmap developed by representatives of industry, 
the Federal Government, and institutions of higher education. 
"(G) Make recommendations regarding the semiconductor 
technology development efforts that should be supported by 
Federal agencies and industry. 
"(H) Appoint subgroups as appropriate in connection with 
the updating of the semiconductor technology roadmap. 
"(I) Publish an annual report addressing the semiconductor Reports. 
technology challenges and developments for industry, govern-
ment, and institutions of higher education and the relationship 
among the challenges and developments for each, including 
an evaluation of the role of Sematecn. 
"(c) MEMBERSHIP.—^The Council shall be composed of 16 mem-
bers as follows: 
"(1) The Under Secretary of Defense for Acquisition and 
Technologr, who shall be Cochairman of the Council. 
"(2) The Under Secretary of Energy responsible for science 
and technology matters. 
107 STAT. 1610 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(3) The Under Secretary of Commerce for Technology. 
"(4) The Director of the OflRce of Science and Technology 
Policy. 
"(5) The Assistant to the President for Economic Policy. 
"(6) The Director of the National Science Foundation. 
**(7) Ten members appointed by the President as follows: 
"(A) Four individuals who are eminent in the 
semiconductor device industry, one of whom shall be 
Cochairman of the Council. 
"(B) Two individuals who are eminent in the semi-
conductor equipment and materials industry. 
"(C) Three individuals who are eminent in the semi-
conductor user industry, including representatives from the 
telecommunications and computer industries. 
"(D) One individual who is eminent in an academic 
institution.". 
(c) CONFORMING AMENDMENTS.—Part F of title II of such Act 
(15 U.S.C. 4601 et seq.) is amended as follows: 
(1) Section 271(cXl) (15 U.S.C. 4601(cXl)) is amended by 
striking out "Advisory (IJouncil on Federal Participation in 
Sematech" and inserting in lieu thereof "Semiconductor Tech-
nology Coimcir. 
(2) Section 272(bXl)(B) (15 U.S.C. 4602(bXlXB)) is 
amended by striking out "Advisory Council on Federal Partici-
pation in l^matech and inserting in lieu thereof "Semiconduc-
tor Technology Coimcil". 
(3) Section 273 (15 U.S.C. 4603) is amended— 
(A) in the first sentence of subsection (d)— 
(i) by striking out "(cX6)'' and inserting in lieu 
thereof "(cX7)''; and 
(ii) by striking out "two shall be appointed for 
a term of two years" and inserting in lieu thereof 
"five shall be appointed for a term of two years"; 
(B) in the first sentence of subsection (e), by striking 
out "(cX6)" and inserting in lieu thereof "(cX7)"; and 
(C) in subsection (f), by striking out "Seven members" 
and inserting in lieu thereof "Eleven members". 
(d) AUTHORITY TO CALL MEETINGS.—Section 273(g) of such 
Act (15 U.S.C. 4603(g)) is amended by striking out "the Chairman 
or a majority of its members" and inserting in lieu thereof "a 
Cochairman". 
(e) SOURCE OF SUPPORT FOR SEMATECH.—Section 273 of such 
15 use 4603. 
Act (22 U.S.C. 4603) is further amended by adding at the end 
the following new subsection: 
"(j) SUPPORT FOR COUNCIL.—^The Council shall use Federal 
fimds made available to Sematech as needed for general and 
administrative support in accomplishing the Coimcil's purposes.". 
15 use 4603 
(f) FIRST MEETING OF NEW COUNCIL.—The first meeting of 
"°*®- 
the Semiconductor Technology Council shall be held not later than 
45 days after the date of the enactment of this Act. 
15 use 4603 
(g) REFERENCES TO TERMINATED COUNCIL.—A reference in any 
"°*®- 
provision of law to the Advisory Council on Federal Participation 
in Sematech shall be deemed to refer to the Semiconductor Tech-
nology Council established by section 273 of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989, as amended 
by subsection (b). 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1611 
SEC. 264. NAVY LARGE CAVITATION CHANNEL, MEMPHIS, TENNESSEK 
Amounts authorized to be appropriated pursuant to section 
201 for the Navy shall be available to the Secretary of the Nayy 
for the acquisition of real property under section 2819 of this 
Act (related to the Na\'y Large Cavitation Channel, Memphis, 
Tennessee). 
SEC. 26S. STRATEGIC ENVIRONMENTAL RESEARCH COUNCIL. 
(a) MEMBERSHIP.—Section 2902(b) of title 10, United States 
Code, is amended— 
(1) by striking out paragraph (1); 
(2) by redesignating paragraphs (2), (3), and (4), as para-
graphs (1), (2), and (3), respectively; 
(3) by inserting after paragraph (3), as so redesignated, 
the following new paragraph (4): 
"(4) The Deputy Under Secretary of Defense responsible 
for environmental security."; and 
(4) by striking out paragraph (6) and inserting in lieu 
thereof the following new paragraph (6): 
"(6) The Assistant Secretary of Energy responsible for 
environmental restoration and waste management. . 
(b) EXTENSION OF AUTHORITY TO ESTABLISH EMPLOYEE PAY 
RATES.—Section 2903(dX2) of title 10, United States Code, is 
amended by striking out "November 5, 1992" and inserting in 
lieu thereof "September 30,1995". 
SEC. 266. REPEAL OF REQUIREMENT FOR STUDY BY OFFICE OF TECH-
NOLOGY ASSESSMENT. 
Section 802(c) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1414; 
10 U.S.C. 2372 note) is repealed. 
SEC. 267. COMPREHENSIVE INDEPENDENT STUDY OF NATIONAL 
10 USC 421 note. 
CRYPTOGRAPHY POUCY. 
(a) STUDY BY NATIONAL RESEARCH COUNCIL.—Not later than 
90 days sifter the date of the enactment of this Act, the Secretary 
of Defense shall request the National Research Council of the 
National Academy of Sciences to conduct a comprehensive study 
of cr3rptographic technologies and national cryptography policy. 
(b) MATTERS TO BE ASSESSED IN STUDY.—The study shall 
assess— 
(1) the effect of cryptographic technologies on— 
(A) national security interests of the United States 
Government; 
(B) law enforcement interests of the United States 
Government; 
(C) commercial interests of United States industry; 
and 
(D) privacy interests of United States citizens; and 
(2) the effect on commercial interests of United States 
industry of export controls on cryptographic technologies. 
(c) 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 cooperate lully with the National 
Research Council in its activities in canying out the study under 
this section. The Secretary shall request all other appropriate Fed-
107 STAT. 1612 
PUBLIC LAW 103-160—NOV. 30, 1993 
eral departments and agencies to provide similar cooperation to 
the National Research Council. 
(d) FUNDING.—Of the amoimt authorized to be appropriated 
in section 201 for Defense-wide activities, $800,000 shall be avail-
able for the study under this section. 
(e) REPORT.—(1) The National Research Council shall complete 
the study and submit to the Secretary of Defense a report on 
the study within approximately two years after full processing 
of security clearances under subsection (f). The report on the study 
shall set forth the Council's findings and conclusions and the rec-
ommendations of the Council for improvements in cryptography 
^ policy and procedures. 
(2) The Secretary shall submit the report to the Committee 
on Armed Services, the Committee on the Judiciary, and the Select 
Committee on Intelligence of the Senate and to the Committee 
on Armed Services, the Committee on the Judiciary, and the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives not later than 120 days after the day on which the report 
is submitted to the Secretary. The report shall be submitted to 
those committees in unclassified form, with classified annexes as 
necessary. 
(f) EXPEDITED PROCESSING OF SECURITY CLEARANCES FOR 
STUDY.—For the purpose of facilitating the commencement of the 
study imder 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 Coimcil to conduct 
the study. 
SEC. 268. REVIEW OF ASSIGNMENT OF DEFENSE RESEARCH AND 
DEVELOPMENT CATEGORIES. 
(a) RESPONSIBLE OFFICIAL.—The Secretary of Defense shall des-
ignate an official within the Office of the Secretary of Defense 
to be responsible for conducting an annual review of program ele-
ments for proper categorization to the research and development 
categories of the Department of Defense designated as 6.1, 6.2, 
6.3, 6.4, 6.5, and 6.6. 
(b) REVIEW REQUIRED.—The Secretary of Defense shall carry 
out a review of the general content of the research and development 
categories specified in subsection (a), including a review of the 
criteria for assigning programs to those categories. The review 
shall examine the assignment of current programs to those cat-
egories for the purpose of ensuring that those programs are correctly 
categorized and assigned program element numbers in accordance 
with existing Department of Defense policy. 
(c) REPORT.—^The Secretary shall include with the budget jus-
tification 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 specify the ofiBcial designated under subsection 
(a); and 
(2) shall include a certification (or an explanation of why 
the Secretary cannot certify) that current research and develop-
ment programs are correctly categorized as described in sub-
section (b). 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1613 
SEC. 269. AUTHORIZED USE FOR FACILITY CONSTRUCTED WITH 
PRIOR DEFENSE GRANT FUNDS. 
The plasma arc facilities constructed using funds provided 
under grants made to the South Carolina Research Authority from 
amounts appropriated in the Department of Defense Appropriations 
Act, 1988 (Public Law 100-463), and the Department of Defense 
Appropriations Act, 1991 (Public Law 101-511), may be equipped 
and operated as prototype materials processing facilities. 
SEC. 270. GRANT TO SUPPORT RESEARCH ON EXPOSURE TO HAZARD-
OUS AGENTS AND BfATERIALS BY MILITARY PERSONNEL 
WHO SERVED IN THfe PERSIAN GULF WAR. 
(a) FINDINGS.—Congress makes the following findings: 
(1) A nimiber of veterans of the Persian Gulf War have 
reported unexplained illnesses and claim that such illnesses 
are a consequence of exposure to hazardous agents or materials 
as a result of service m Southwest Asia during the Persian 
GulfWar. 
(2) Reports indicate that members of the Armed Forces 
who served in Southwest Asia diuing the Persian Gulf War 
may have been exposed to hazardous agents, including chemical 
warfare agents, biotoxins, and other substances during such 
service. 
(3) It is in the interest of the United States that medical 
professionals providing care to members of the Armed Forces 
and to veterans imderstand the nature of the illnesses that 
such members and veterans may contract in order to ensure 
that such professionals have sumcient information to provide 
proper care to such members and veterans. 
(b) GRANT TO SUPPORT ESTABUSHMENT OF RESEARCH FACILITY 
To STUDY LOW-LEVEL CHEMICAL SENsmviriES.—The Secretary of 
Defense is authorized to make a grant in the amoimt of $1,200,000 
to a medical research institution for the purpose of constructing 
and equipping a specialized environmental medical facility at that 
institution for the conduct of research into the possible health 
effect of exposure to low levels of hazardous chemicals, including 
chemical warfare agents and other substances and the individual 
susceptibility of humans to such exposure imder environmentally 
controlled conditions, and for the conduct of such research, espe-
cially among persons who served on active duty in the Southwest 
Asia theater of operations during the Persian Gulf War. The grant 
shall be made in consultation with the Secretary of Veterans Affairs 
and the Secretary of Health and Himian Services. The institution 
to which the grant is to be made shall be selected through estab-
lished acquisition procedures. 
(c) FUNDING SOURCE.—^Funds for the grant under subsection 
(b) shall be made from amounts appropriated to the Department 
of Defense for fiscal year 1994 for research, development, test, 
and evaluation. 
(d) SELECTION CRITISRIA.—TO be eligible to be selected for a 
grant under subsection (b), an institution must meet each of the 
following requirements: 
(1) Be affiliated with an accredited hospital and be affiliated 
with, and in close proximity to, a Department of Defense medi-
cal and a Department of Veterans Affairs medical center. 
(2) Enter into an agreement with the Secretary of Defense 
to ensure that research personnel of those affiliated medical 
107 STAT. 1614 
PUBLIC LAW 103-160—NOV. 30, 1993 
facilities and other relevant Federal personnel may have access 
to the facility to carry out research. 
(3) Have demonstrated potential or ability to ensiire the 
participation of scientific personnel with expertise in research 
on possible chemical sensitivities to low-level exposure to 
hazardous chemicals and other substances. 
(4) Have immediate access to sophisticated physiological 
imaging (including fimctional brain imaging) and other innova-
tive research technology that could better define the possible 
health effects of low-level exposure to hazardous chemicals 
and other substances and lead to new therapies. 
(e) PARTICIPATION BY THE DEPARTMENT OF DEFENSE.—The Sec-
retary of Defense shall ensure that each element of the Department 
of Defense provides to the medical research institution that is 
awarded the grant under subsection (b) any information possessed 
by that element on hazardous agents and materials to which mem-
bers of the Armed Forces may have been exposed as a result 
of service in Southwest Asia during the Persian Gulf War and 
on the effects upon humans of such exposure. To the extent avail-
able, the information provided shall include unit designations, loca-
tions, and times for those instances in which such exposure is 
alleged to have occurred. 
(f) REPORTS TO CONGRESS.—Not later than October 1, 1994, 
and annually thereafter for the period that research described in 
subsection (b) is being carried out at the facility constructed with 
the grant made under this section, the Secretary shall submit 
to the congressional defense committees a report on the results 
during the year preceding the report of the research and studies 
carried out under the grant. 
SEC. 271. RESEARCH ON EXPOSURE TO DEPLETED URANIUM BY MILI-
TARY PERSONNEL WHO SERVED IN THE PERSIAN GULF 
WAR. 
(a) GRANT TO SUPPORT RESEARCH ON THE EFFECTS OF 
DEPLETED URANIUM.—From the funds appropriated or otherwise 
made available in fiscal year 1994 for research, development, test, 
and evaluation for the Department of Defense, the Secretary of 
Defense is authorized to make a competitive award of a grant 
in the amount of $1,700,000 to a medical research institution for 
the purpose of studying the possible health effects of battlefield 
exposure to depleted uranium, including exposure through inges-
tion, inhalation, or bodily injury. The selection of the institution 
to which the grant is awarded shall be made in accordance with 
established defense acquisition procedures. 
(b) {^SEARCH PROGRAM.—^The research to be conducted at the 
facility for which a grant is made under subsection (a) shall explore 
the possible short-term and long-term health effects of exposure 
to depleted uranium, including exposure through ingestion, inhala-
tion, or bodily injury, and the individual susceptibility of service 
personnel to such exposure. Such research shall focus on (but not 
be limited to) persons who may have been exposed to depleted 
uranium while serving on active duty in the theater of operations 
during the Persian Gulf War. The specific objectives of the study 
shall include investigation of the pathology of depleted uranium 
fragments under controlled conditions, including— 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1615 
(1) assessment of the toxico-kinetic properties of the various 
chemical forms of depleted uranium that could be inhaled, 
ingested, or imbedded; 
(2) examination of whether there are depleted uranium 
cancer induction mechanisms similar to those observed in 
Thorotrast-specific liver cancers; 
(3) determination of whether the radiogenic 
effects 
described in paragraphs (1) and (2) occur and, if so, at what 
fragment densities and latent periods; 
(4) assessment of long-term, low-dose-rate irradiation of 
specific tissues, such as those of the nervous system; 
(5) determination of the potential for chronic nephrotoxicity 
as a function of the organ exposed to depleted uranium; and 
(6) conduct of pathological studies of tissue surroiinding 
depleted uranium particles. 
(c) REPORTS TO CONGRESS.—Not later than October 1, 1994, 
and annually thereafter for the period that research described in 
subsection (a) is being carried out under the grant made imder 
this section, the Secretary shall submit to the congressional defense 
committees a report on the results of such research during the 
year preceding the report. 
SEC. 272. SENSE OF CONGRESS ON METALCASTING AND CERAMIC 
SEMICONDUCTOR PACKAGE INDUSTRIES. 
(a) METALCASTING INDUSTRY.—It is the sense of Congress that— 
(1) the health and viability of the metalcasting industry 
of the United States are at serious risk; and 
(2) the Secretary of Defense should seriously consider 
providing funds, from the funds made available pursuant to 
section 201, for research and development activities of the 
metalcasting industry, including the following activities: 
(A) Development of casting technologies and tech-
niques. 
(B) Improvement of technology transfer within the 
metalcasting industry in the United States. 
(C) Improvement of training for the metalcasting 
industry workforce. 
(b) CERAMIC SEMICONDUCTOR PACKAGE INDUSTRY.—It is 
the 
senseof Congress that— 
(1) the health and viability of the ceramic semiconductor 
package industry of the United States are at serious risk, 
as demonstrated by the action plan relating to the ceramic 
semiconductor package industry issued by the Secretary of 
Commerce on August 15,1993; 
(2) advanced ceramic semiconductor packages are critical 
components under section 107 of the Defense Production Act 
(50 U.S.C. App. 2077); 
(3) the technologies used in producing ceramic and 
advanced ceramic semiconductor packages are dual-use tech-
nologies; and 
(4) the Secretary of Defense should provide funds for sup-
port of the domestic ceramic semiconductor package industry 
through the following t}rpes of activities: 
(A) Research and development. 
(B) Procurement by the Department of Defense of 
ceramic semiconductor packages made in the United States. 
107 STAT. 1616 
PUBLIC LAW 103-160—NOV. 30, 1993 
(C) Assistance to the industry in meeting qualification 
specifications of the Department of Defense for procurement 
solicitations. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 
301. 
OPERATION 
AND 
MAINTENANCE 
FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
1994 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance in amounts as follows: 
(1) For the Army, $15,907,246,000. 
(2) For the Navy, $20,076,440,000. 
(3) For the Marine Corps, $1,860,056,000. 
(4) For the Air Force, $19,330,109,000. 
(5) For Defense-wide activities, $9,235,461,000. 
(6) For Medical Programs, Defense, $9,379,447,000. 
(7) For the Army Reserve, $1,095,590,000. 
(8) For the Naval Reserve, $772,706,000. 
(9) For the Marine Corps Reserve, $82,950,000. 
(10) For the Air Force Reserve, $1,346,292,000. 
(11) For the Army National Guard, $2,216,544,000. 
(12) For the Air National Guard, $2,639,204,000. 
(13) For the National Board for the Promotion of Rifle 
Practice, $2,483,000. 
(14) For the Defense Inspector General, $161,001,000. 
(15) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $868,200,000. 
(16) For the Court of Military Appeals, $6,055,000. 
(17) 
For 
Environmental 
Restoration, 
Defense, 
$1,962,400,000. 
(18) For Humanitarian Assistance, $48,000,000. 
(19) For support for the 
1996 Summer 
Olympics, 
$2,000,000. 
(20) For support for the 1994 World Cup Games, 
$12,000,000. 
(21) 
For 
Former 
Soviet 
Union 
Threat 
Reduction, 
$400,000,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
1994 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) 
For 
the 
Defense 
Business 
Operations 
Fund, 
$1,116,095,000. 
(2) For the National Defense Sealifl Fund, $290,800,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
1994 from the ^rmed Forces Retirement Home Trust Fund the 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1617 
sum of $61,918,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers' and Airmen's 
Home and the Naval Home. 
SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND OBUGA-
TIONS. 
During fiscal year 1994, $24,000,000 is authorized to be obli-
gated from the National Security Education Trust Fund established 
by section 804(a) of the David L. Boren National Security Education 
Act of 1991 (Public Law 102-183; 50 U.S.C. 1904(a)). 
SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE FUND. 
(a) TRANSFER AUTHORITY.—^To the extent provided in appropria-
tions Acts, not more than $500,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to 
operation and maintenance accounts for fiscal year 1994 in amounts 
as follows: 
(1) For the Army, $150,000,000. 
(2) For the Navy, $150,000,000. 
(3) For the Air Force, $200,000,000. 
(b) TREATMENT OF TRANSFERS.—Amounts transferred under 
this section— 
(1) shall be merged with and be available for the same 
purposes and the same period as the amounts in the accounts 
to which transferred; and 
(2) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The trans-
fer authority provided in this section is in addition to the transfer 
authority provided in section 1101. 
SEC. 306. FUNDS FOR CLEARING LANDMINES. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
in section 301, not more than $10,000,000 shall be available for 
activities to support the clearing of landmines for humanitarian 
purposes (as determined by the Secretary of Defense), including 
the clearing of landmines in areas in which refugee repatriation 
programs are on-going. 
(b) REPORT.—^Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the implementa-
tion of subsection (a). The report shall specify the following: 
(1) The amount of the funds made available under sub-
section (a) that are to be expended. 
(2) The purposes for which the funds are to be expended. 
(3) The location of the landmine clearing activity. 
(4) Any use of United States military personnel or employ-
ees of the Department of Defense in the activity. 
(5) Any use of non-Federal Government organizations in 
the activity. 
(6) The relationship between the activity and the missions 
of the Department of Defense. 
107 STAT. 1618 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle B—^Limitations 
SEC. 311. PROHIBITION ON OPERATION OF NAVAL AIR STATION, HER* 
MUDA. 
(a) PROHIBITION.—No funds available to the Department of 
Defense for operation and mainteneince may be used to operate 
Naval Air Station, Bermuda after September 1,1995. 
(b) REPORT.—Not later than March 1, 1994, the Secretary of 
Defense shall submit to the Congress a report that contains a 
plan for the termination of the operation of Naval Air Station, 
Bermuda. 
(c) OPERATION ON REIMBURSABLE BASIS.—^The Secretary of 
Defense may provide support for airfield operations at Naval Air 
Station, Bermuda after September 1, 1995, except that any such 
support shall be provided only on a reimbursable basis. 
SEC. 312. LIMITATION ON THE USE OF APPROPRIATED FUNDS FOR 
DEPARTMENT OF DEFENSE GOLF COURSES. 
(a) IN GENERAL.—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 eolf courses: limitation on 
use of appropriated funds 
"(a) LIMITATION.—Except as provided in subsection (b), funds 
appropriated to the Department of Defense may not be used to 
equip, operate, or maintain a golf course at a facility or installation 
of the Department of Defense. 
"(b) EXCEPTIONS.—(1) Subsection (a) does not apply to a golf 
course at a facility or installation outside the United States or 
at a facility or installation inside the United States at a location 
designated by the Secretary of Defense as a remote and isolated 
location. 
Regulations. 
"(2) The Secretary of Defense shall prescribe regulations govern-
ing the use of appropriated funds under this subsection.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
'^246. Department of Defense golf courses: limitation on vise of appropriated funds.". 
SEC. 313. PROHmmON ON THE USE OF CERTAIN COST COMPARISON 
STUDIES. 
(a) PROHIBITION.—^Except as provided in subsection (b), the 
Secretary of Defense may not, during the period beginning on 
the date of the enactment of this Act and ending on April 1, 
1994, enter into a contract for the performance of a commercicd 
activity if the contract results from a cost comparison study con-
ducted by the Department of Defense under Ofiace of Management 
and Budget Circular A-76 (or any successor administrative regula-
tion or policy). 
(b) EXCEPTIONS F
O
R CERTAIN CONTRACTS.—Subsection (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 
otherwise have to be used for the performance of an activity 
^ 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1619 
described in subsection (a) at the expense of unit readiness; 
or 
(2) a contract (or the renewal of a contract) for the perform-
ance of an activity under contract on September 30, 1992. 
SEC. 314. LIMITATION ON CONTRACTS WITH CERTAIN SHIP REPAIR 
COMPANIES FOR SHIP REPAIR. 
(a) LIMITATION.—^The Secretary of the Navy may not enter 
into a contract having a value greater than $250,000 with a ship 
repair company referred to in subsection (b) for the overhaul, repair, 
or maintenance of a naval vessel until the Secretary submits to 
the Committees on Armed Services of the Senate and House of 
Representatives the certification referred to in subsection (c). 
(b) COVERED SHIP REPAIR COMPANY.—A ship repair company 
referred to in subsection (a) is a ship repair company located outside 
the United States that was the subject of a court inquiry into 
fatalities resulting from ship repairs performed by that company 
in fiscal year 1990,1991,1992, or 1993. 
(c) CERTIFICATION.—^The certification referred to in subsection 
(a) is a certification that a ship repair company referred to in 
subsection (b) has initiated legal proceedings, or other proceedings, 
to compensate the survivors of each member of the Navy killed 
as a result of faulty ship repair performed by that company during 
a fiscal year referred to in such subsection. 
(d) WAIVER.—^A contract referred to in subsection (a) may be 
entered into pursuant to a waiver of the limitation in such sub-
section only £uter the Secretary of the Navy submits to the Commit-
tees on Armed Services of the Senate and House of Representatives 
a certification that— 
(1) the work is for voyage repairs; or 
(2) there is a compelling national security reason for the 
work to be done by the ship repair company. 
SEC. 315. REQUIREMENT OF PERFORMANCE IN THE UNITED STATES 
OF CERTAIN REFLAGGING OR REPAIR WORK. 
(a) REQUIREMENT.—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 subsection: 
"(b)(1) In each request for proposals to enter into a time-
charter contract for the use of a vessel for the transportation of 
supplies imder this section, the Secretary of Defense shall require 
that any refiagging or repair work on a vessel for which a proposal 
is submitted in response to the request for proposals be performed 
in the United States (including any territory of the United States). 
"(2) In paragraph (1), the term 'refiagging 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 military configu-
ration. 
"(3) The Secretary of Defense may waive the requirement 
described in paragraph (1) if the Secretary determines that such 
waiver is critical to the national security of the United States. 
The Secretary shall immediately notifv the Congress of any such 
waiver and the reasons for such waiver.'. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
iousc263i 
shall apply to a vessel for which refiagging or repair work is 
"ot^ 
107 STAT. 1620 
PUBLIC LAW 103-160—NOV. 30, 1993 
necessary to be performed after the date of the enactment of this 
Act. 
SEC. 316. PROHramON ON JOINT CIVIL AVIATION USE OF SELFRIDGE 
Am NATIONAL GUARD BASE, MICHIGAN. 
The Secretary of the Air Force may not enter into any agree-
ment that would provide for or permit civil aircraft to regtdarly 
use Selfridge Air National Guard Base, Michigan. 
South Carolina. 
SEC. 317. LOCATION OF CERTAIN PREPOSITIONING FACILITIES. 
^^°"^^ 
(a) SITE FOR ARMY PREPOSITIONING MAINTENANCE FACILITY.— 
The Secretary of the Army shall establish the Army Prepositioning 
Maintenance Facility at Charleston, South Carolina. 
(b) LIMITATION.—^During the two-year period beginning 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, 
Jacksonville, Florida, for the Army and Marine Corps, respectively. 
(c) REPORT BEFORE SUBSEQUENT RELOCATION.—After the 
end 
of such two-year period, the Secretary of the Navy may not relocate 
the Marine Prepositioning Forces from Blount Island, Jacksonville, 
Florida, until the Secretary of Defense has submitted to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a detailed cost analysis and operational analysis 
explaining the basis of the decision for such relocation. 
Subtitle C—^Defense Business Operations 
Fund 
SEC. 331. EXTENSION OF AUTHORITY FOR USE OF THE DEFENSE BUSI-
NESS OPERATIONS FUND. 
Section 316(a) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (10 U.S.C. 2208 note) is amended 
by striking out "April 15,1994" and inserting in lieu thereof "Decem-
ber 31,1994". 
SEC. 332. IMPLEMENTATION OF THE DEFENSE BUSINESS OPER. 
ATIONS FUND. 
Section 316 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (10 U.S.C. 2208 note) is amended by striking 
out subsections (d), (e), and (f) and inserting in lieu thereof the 
following new subsections (d), (e), and (f): 
"(d) COMPREHENSIVE MANAGEMENT PLAN.—(1) Not later than 
30 days after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1994, the Secretary of Defense 
shall submit to the congressional defense committees a comprehen-
sive management plan for the Defense Business Operations Fund. 
The Secretary shall identify in the plan the actions the Secretary 
will take to improve the implementation and operation of the 
Defense Business Operations Fund. 
"(2XA) The plan shall also include the following matters: 
"(i) The specific tasks to be performed to address the serious 
shortcomings that exist in the Fluid's implementation and oper-
' 
ation. 
"(ii) Milestones for starting and completing each task. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1621 
"(iii) A statement of the resources needed to complete each 
task. 
"(iv) The specific organizations within the Department of 
Defense that are responsible for accomplishing each task. 
"(v) Department of Defense plans to monitor the 
implementation of all corrective actions. 
"(B) Theplan shall also address the following specific areas: 
"(i) The management and organizational structure of the 
Fund. 
"(ii) The development and implementation of the policies 
and procedures, including cash management and internal con-
trols, applicable to the Fund. 
"(iii) Management reporting, including financial and oper-
ational reporting. 
"(iv) Accuracy and reliability of cost accounting data, 
"(v) Development and use of performance indicators to 
measure the efficiency and effectiveness of Fund operations, 
"(vi) The status of efforts to develop and implement new 
financial systems for the Fimd. 
"(e) PROGRESS REPORT ON IMPLEMENTATION.—Not later than 
February 1, 1994, the Secretfuy of Defense shall submit to the 
congressional defense committees a report on the progress made 
in implementing the comprehensive management plan required by 
subsection (d). The report shall describe the progress made in 
reaching the milestones established in the plan and provide an 
explanation for the failujre to meet any of the milestones. The 
Secretary shall submit a copy of the report to the Comptroller 
General of the United States at the same time the Secretary submits 
the report to the congressional defense committees. 
"(f) RESPONSIBILITIES OF THE COMPTROLLER GENERAL.—(1) The 
Comptroller Cxeneral shall monitor and evaluate the progress of 
the Department of Defense in developing and implementing the 
comprehensive management plan required by subsection (d). 
"(2) Not later than March 1, 1994, the Comptroller Greneral Reports. 
shall submit to the congressional defense committees a report 
containing the following: 
"(A) The findings and conclusions of the Comptroller Gen-
eral resulting from the monitoring and evaluation conducted 
imder paragraph (1). 
"(B) An evaluation of the progress report submitted to 
the congressional defense committees by the Secretary of 
Defense pursuant to subsection (e). 
"(C) Any recommendations for legislation or administrative 
action concerning the Fimd that the Comptroller General 
considers appropriate.". 
SEC. 
333. 
CHARGES 
FOR 
GOODS 
AND 
SERVICES 
PROVIDED THROUGH 
THE 
DEFENSE 
BUSINESS 
OPERATIONS 
FUND. 
(a) IN GENERAL.—Charges for goods and services provided lo use 2208 
through the Defense Business Operations Fimd— 
^°^-
(1) shall include amounts necessary to recover the full 
costs of— 
(A) the development, implementation, operation, and 
maintenance of systems supporting the wholesale supply 
and maintenance activities of the Department of Defense; 
and 
107 STAT. 1622 
PUBLIC LAW 103-160—NOV. 30, 1993 
(B) the use of military personnel in the provision of 
the goods and services, as computed by calculating, to 
the maximum extent practicable, such costs if employees 
of the Department of Defense were used in the provision 
of the goods and services; and 
(2) shall not include amounts necessary to recover the 
costs of a military construction project (as such term is defined 
in section 2801(b) of title 10, tfnited States Code), other than 
a minor construction project financed by the Defense Business 
Operations Fund pursuant to section 2805(c)(1) of such title. 
10 use 2208 
(b) DEFENSE FINANCE ACCOUNTING SERVICES.—The full cost 
^°^^- 
of the operation of the Defense Finance Accounting Service shall 
be financed within the Defense Business Operations Fund through 
charges for goods and services provided through the Fund. 
(c) MODIFICATION OF CAPITAL ASSET SUBACCOUNT.—Section 342 
of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 10 U.S.C. 2208 note) is amended— 
(1) in subsection (a), by striking out the third sentence; 
(2) in subsection (b), by striking out", to the extent provided 
for in appropriations Acts"; and 
(3) in subsection (d), by striking out ", during fiscal year 
1993 and until April 15, 1994,". 
SEC. 334. LIMITATION ON OBUGATIONS AGAINST THE DEFENSE BUSI-
NESS OPERATIONS FUND. 
(a) LIMITATION.—(1) The Secretary of Defense may not incur 
obligations against the supply management divisions of the Defense 
Business Operations Fund during fiscal year 1994 in a total amount 
in excess of 65 percent of the total amount derived from sales 
from such divisions during that fiscal year. 
(2) For purposes of determining the amount of obligations 
incurred against, and sales from, such divisions during fiscal year 
1994, the Secretary shall exclude obligations and sales for fuel, 
commissary and subsistence items, retail operations, repair of equip-
ment and spare parts in support of repair, direct vendor deliveries, 
foreign military sales, initial outfitting requiring equipment fur-
nished by the Federal (Jovemment, and the cost of operations. 
(b) EXCEPTION.—The Secretary of Defense may waive the 
limitation described in subsection (a) if the Secretary determines 
that such waiver is necessaiy in order to maintain the readiness 
and combat effectiveness of the Armed Forces. The Secretary shall 
immediately notify Congress of any such waiver and the reasons 
for such waiver. 
Subtitle D—^Depot-Level Activities 
SEC. 
341. 
DEPARTMENT 
OF 
DEFENSE 
DEPOT 
TASK 
FORCE. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a task force to assess the overall peiformance and management 
of depot-level activities of the Department of Defense. The assess-
ment shall include the following: 
(1) The identification of the depot-level maintenance work-
loads that were performed during each of fiscal vears 1990 
through 1993 for the military departments and trie Defense 
Agencies by employees of the Department of Defense and by 
non-Federal Government personnel. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1623 
(2) An estimate of the current capacity to carry out the 
performance of depot-level maintenance workloads by employ-
ees of the Department of Defense and by non-Federal Govern-
ment personnel. 
(3) An identification of the rationale used by the Depart-
ment of Defense to support a decision to provide for the periorm-
ance of a depot-level maintenance workload by employees of 
the Department of Defense or by non-Federal Government 
personnel. 
(4) An evaluation of the cost, manner, and quality of 
performance of the depot-level maintenance workload by 
employees of the Department of Defense and by non-Federal 
Government personnel. 
(5) An evaluation of the manner of determining the core 
workload requirements for depot-level maintenance workloads 
performed by employees of the Department of Defense. 
(6) A comparison of the methods by which the rates and 
prices for depot-level maintenance workloads performed bv 
employees of the Department of Defense are determined with 
the methods by which such rates and prices are determined 
for depot-level maintenance workloads performed by non-Fed-
eral Government personnel. 
(7) A discussion of the issues involved in determining the 
balance between the amount of depot-level maintenance work-
loads assigned for performance by employees of the Department 
of Defense and the amount of depot-level maintenance work-
loads assigned for ]3erformance oy non-Federal Government 
personnel, including the preservation of surge capabilities and 
essential industrial base capabilities needed in the event of 
mobilization. 
(8) An identification of the depot-level functions and activi-
ties that are suitable for performance by employees of the 
Department of Defense and the depot-level functions and activi-
ties that are suitable for performance by non-Federal Govern-
ment personnel. 
(9) An identification of the management and organizational 
structure of the Department of Defense necessaiy for the 
Department to provide the optimal management of depot-level 
maintenance and the allocation of related resources. 
(b) MEMBERSHIP.—^The task force established pursuant to sub-
section (a) shall be composed of individuals from the Department 
of Defense and the private sector who— 
(1) have expertise in the management of depot-level activi-
ties; 
(2) have expertise in acquisition; 
(3) have expertise in the management of relevant items 
and weapon systems; and 
(4) are or have been users of depot-level maintenance prod-
ucts produced by employees of the Department of Defense and 
by non-Federal Government personnel. 
(c) PAY AND TRAVEL EXPENSES.—(1) Except as provided in 
paragraph (3), 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 payable for level IV of the Executive Schedule under 
section 5315 of title 5, United Stetes Code, for each day (including 
travel time) during which the member is engaged in the actual 
performance of the duties of the tesk force. 
107 STAT. 1624 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) Each member of the task force shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code. 
(3) Except as provided in paragraph (2), a member of the 
task force who is an employee of the Department of Defense or 
a member of the Armed Forces mav not receive additional pay, 
allowances, or benefits by reason of such individual's service on 
the task force. 
(d) ADMINISTRATIVE SUPPORT.—The Secretary of Defense 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 Secretary of Defense and the congressional defense 
committees a report on the results of the assessment conducted 
under subsection (a) and the recommendations of the task force 
for any legislative and administrative action the task force considers 
to be appropriate. 
(f) TERMINATION.—^The task force shall terminate not later than 
60 days after submitting its report pursuant to subsection (e). 
SEC. 342. LIMITATION ON CONSOLIDATION OF MANAGEMENT OF 
DEPOT-LEVEL MAINTENANCE WORKLOAD. 
The Secretary of Defense may not, during fiscal year 1994, 
consolidate the management of the depot-level maintenance work-
load of the Department of Defense under a single Defense-wide 
entity. 
10 use 2466 
SEC. 343. CONTINUATION OF CERTAIN PERCENTAGE LIMITATIONS ON 
note. 
THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE. 
The Secretary of Defense shall ensure that the percentage 
limitations applicable to the depot-level maintenance workload per-
formed by non-Federal Government personnel set forth in section 
2466 of title 10, United States Code, are adhered to. 
SEC. 344. SENSE OF CONGRESS ON THE PERFORMANCE OF CERTAIN 
DEPOT-LEVEL WORK BY FOREIGN CONTRACTORS. 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that 
the Secretary of Defense should not contract for the performance 
by a person or organization described in subsection (b) of any 
depot-level maintenance work on equipment located in the United 
States if the Secretary determines that the work 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 
wmch is not part of the national technology and industrial base, 
as such term is defined in section 2491(1) of title 10, United States 
Code. 
SEC. 345. SENSE OF CONGRESS ON THE ROLE OF DEPOT-LEVEL 
ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) The depot-level maintenance and repair activities of 
the Department of Defense provide the Armed Forces with 
a critical capacity to respond to the needs of the Armed Forces 
for depot-level maintenance and repair of weapon systems and 
equipment. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1625 
(2) The depot-level maintenance and repair activities of 
the Department of Defense provide the Department with 
capabilities that are imiquely suited to responding to the 
increased need for repair and maintenance of weapon systems 
and eqmpment whicn may arise in times of national crisis. 
(3) The skilled employees and equipment of the depot-
level maintenance and repair activities of the Department of 
Defense are an essential component of the overall defense 
industrial base of the United States. 
(4) The critical role of the depot-level maintenance and 
repair activities of the Department of Defense is recognized 
in section 2466 of title 10, United States Code, which provides 
that the Secretary of a military department and, with respect 
to a Defense Agency, the Secretary of Defense, may not contract 
for the performance by non-Federal Government personnel of 
more than 40 percent of the depot-level maintenance workload 
for the military department or the Defense Agency. 
(5) Maintenance of this critical industrial capability in the 
Department of Defense requires that an appropriate level of 
the depot-level maintenance and repair of new weapon systems 
be assigned to depot-level maintenance and repair activities 
of the Department of Defense. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that, 
in order to maintain the critical depot-level maintenance and repair 
capabiliW for military weapon systems and equipment, the Sec-
retary of Defense shall, to the maximum extent practicable, ensure 
that a sufficient amoimt of the depot-level maintenance and repair 
of new weapon systems and equipment is assigned to depot-level 
maintenance and repair activities of the Department of Defense, 
consistent with the requirements of section 2466 of title 10, United 
States Code. 
SEC. 346. CONTRACTS TO PERFORM WORKLOADS PREVIOUSLY PER-
FORMED BY DEPOT-LEVEL ACTIVITIES OF THE DEPART-
MENT OF DEFENSE. 
Section 2469 of title 10, United States Code, is amended— 
(1) by inserting "(a) REQUIREMENT FOR COMPETITION.—" 
before "The Secretary of Defense"; 
(2) by striking out "threshold"; 
(3) by striking out "unless" and all that follows and insert-
ing in lieu thereof "to performance by a contractor unless the 
Secretary uses competitive procedures for the selection of the 
contractor to perform such workload."; and 
(4) by adding at the end the following new subsection: 
"(b) INAPPLICABILITY OF 0MB CIRCULAR A-76.—The use of 
Office of Management and Budget Circular A-76 shall not apply 
to a performance change under subsection (a).". 
SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE UNITED 
STATES. 
(a) DESCRIPTION OF CLAIMS INVOLVED.—This section applies 
Virginia. 
with respect to any claim of the United States against an individual 
Florida. 
which relates to a bonus or other payment awarded to such individ-
ual imder a productivity gainsharing program based on work per-
formed by such individual as an employee of Naval Aviation Depot, 
Norfolk, Virginia, or as an employee of Naval Aviation Depot, 
Jacksonville, Florida, after September 30, 1988, and before October 
1,1992. 
69-194 O - 94 - 22 : QL. 3 Part 2 
107 STAT. 1626 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) WAIVER 
AUTHORITY AVAILABLE 
WITHOUT 
REGARD TO 
AMOUNT INVOLVED.—^Notwithstanding the limitation set forth in 
section 2774(aX2XA) of title 10, United States Code, any waiver 
authority under section 2774(aX2) of such title may be exercised, 
with respect to any claim described in subsection (a) of this section, 
without regard to the amount involved. 
(c) REPORT.—Not later than March 1, 1994, the Secretary of 
the Navy shall submit to the congressional defense committees 
a report that specifies— 
(1) the circumstances under which each overpayment of 
a bonus or other payment referred to in subsection (a) was 
made; 
(2) the number of individuals to whom such an overpay-
ment was made; 
(3) the total amount of such overpayments; and 
(4) any action planned or initiated by the Secretary to 
prevent the occurrence of similar overpayments in the future. 
(d) DEFINITION.—In this section, tne term "productivity 
gainsharing program" means a productivity gainsharing program 
established under chapter 45 or section 5407 of title 5, United 
States Code, or Executive Order No. 12637 (31 U.S.C. 501 note). 
Subtitle E—Commissaries and Military 
Exchanges 
SEC. 3S1. 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 D C A DIRECTOR.—The Secretary of Defense 
may assign an officer on the active-duty list to serve as the Director 
of tne Derense Commissary Agency. 
"(c) EXCEPTION FOR CERTAIN ADDITIONAL MEMBERS.—Beginning 
on October 1, 1996, not more than 18 members (in addition to 
the officer referred to in subsection (b)) of the armed forces on 
active duty may be assigned to the Defense Commissary Agency. 
Members who may be assigned under this subsection to regional 
headquarters of the agency shall be limited to enlisted members 
assigned to duty as advisors in the regional headquarters respon-
sible for overseas commissaries and to veterinary specialists. 
"(d) EXCEPTION FOR CERTAIN NAVY PERSONNEL.—(1) The Sec-
retary of the Navy may assign to the Defense Commissary Agency 
a member of the Navy on active duty whose assignment afloat 
is part of the operation of a ship's food service or a ship's store. 
Any such assignment shall be on a nonreimbursable basis. 
"(2) The number of such members assigned to the Defense 
Commissary Agency during any period before October 1, 1996, 
may not exceed the niunber 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.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1627 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 976 the following new item: 
'^77. Operation of commissary' stores: assignment of active duty members generally 
prohibited.". 
SEC. 352. MODERNIZATION 
OF 
AUTOMATED 
DATA 
PROCESSING 
CAPABILmr OF THE DEFENSE COMMISSARY AGENCY. 
In order to perform inside the Defense Commissary Agency 
all automated data processing functions of the Agency as soon 
as possible, the Secretary of Defense shall, consistent with other 
applicable law, take any action necessary to expedite the moderniza-
tion of the automated data processing capability of the Agency, 
including the adoption of the use of commercial grocery industry 
practices and financial management programs with respect to such 
processing. 
SEC. 353. OPERATION OF STARS AND STRIPES BOOKSTORES OVER- 
10 USC 2424 
SEAS BY THE MILITARY EXCHANGES. 
note. 
(a) REQUIREMENT.—The Secretary of Defense shall provide for 
the commencement, not later than October 1, 1994, of the operation 
of Stars and Stripes bookstores outside of the United States by 
the military exchanges. 
(b) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations to carry out subsection (a). 
SEC. 364. AVAILABILITY OF FUNDS FOR RELOCATION EXPENSES OF 
THE NAVY EXCHANGE SERVICE COMMAND. 
Of funds authorized to be appropriated under section 301(2), 
not more than $10,000,000 shall be available to provide for the 
payment of expenses incurred by the Navy Exchange Service Com-
mand to relocate functions and activities from Naval Station, Staten 
Island, New York, to Norfolk, Virginia, 
Subtitle F—Other Matters 
SEC. 361. 
EMERGENCY AND EXTRAORDINARY EXPENSE AUTHORITY 
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 Inspec-
tor General" after "the Secretary concerned , and 
(C) in the third sentence, by inserting "or the Inspector 
Greneral" after "The Secretary concerned"; 
(2) in subsection (b), by inserting ", by the Inspector Gen-
eral to any 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 at the end 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.". 
107 STAT. 1628 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 382. AUTHORITY FOR CIVILIAN EMPLOYEES OF THE ARMY TO 
ACT ON REPORTS OF SURVEY. 
Section 4835 of title 10, United States Code, is amended— 
(1) in subsection (a), by inserting "or any civilian employee 
of the Department of the Army" after "any officer of the Army*; 
and 
(2) in subsection (b), by striking out "an ofiEicer of the 
Army designated by him." and inserting in lieu thereof "the 
Secretary's designee. The Secretary may designate officers of 
the Army or civilian employees of the Department of the Army 
to approve such action.". 
SEC. 363. EXTENSION OF GUIDELINES FOR REDUCTIONS IN CIVILIAN 
POSITIONS. 
(a) EXTENSION OF GUIDELINES.—Section 1597 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking out "during fiscal year 
1993" and inserting in lieu thereof "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 each 
fiscal 
year"; 
(2) in subparagraph (A) of paragraph (3), by adding at 
the end the following new clause: 
"(vii) The total nimiber of individuals employed by 
contractors and subcontractors of the Department of 
Defense under a contract or subcontract entered into pursu-
ant to Office of Management and Budget Circular A-76 
to perform commercial activities for the Department of 
Defense, a military department, a defense agency, or other 
component."; and 
(3) by adding at the end the following new paragraph: 
Reports. 
"(4) The Secretary of Defense shall include in the materials 
referred to in paragraph (1) a report on the implementation of 
the master plan for the fiscal year immediately preceding the fiscal 
year for which such materials are submitted.". 
SEC. 364. AUTHORITY TO EXTEND MAILING PRIVILEGES. 
Paragraph (1) of section 3401(a) of title 39, United States 
Code, is amended— 
(1) in the matter before subparagraph (A)— 
(A) by inserting "an individual who is" before "a mem-
ber"; and 
(B) by inserting "or a civilian, otherwise authorized 
to use postal services at Armed Forces installations, who 
holds a position or performs one or more functions in 
support of military operations, as designated by the mili-
tary theater commander," aRer "section 101 of title 10,"; 
and 
(2) in subparagraphs (A) and (B), by striking "the member" 
and inserting "such individual". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1629 
SEC. 366. EXTENSION AND MODIFICATION OF PILOT PROGRAM 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 (Public 
Law 102-484; 10 U.S.C. 501 note) is amended— 
32 use 50i note. 
(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 
(3) by striking out "fiscal years 1993 and 1994" and insert-
ing in lieu thereof "fiscal years 1993,1994, and 1995". 
(b) FUNDING ASSISTANCE.—Subsection (b) of such section is 
amended to read as follows: 
"(b) FUNDING ASSISTANCE.—^Amounts made 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 National Guard Bureau among 
those States with which the Chief has entered into approved agree-
ments. In addition to such amoimts, the Chief of the National 
Guard Bureau may authorize any such Stete, in order to carry 
out the pilot program during a fiscal year, to use funds received 
as part of the operation and maintenance allotments and the pay 
and allowances allotments for the National Guard of the State 
for that fiscal year.". 
(c) 
SUPPLIES 
AND 
EQUIPMENT.—Such section is fiirther 
amended— 
(1) by redesignating subsections (c), (d), (e), and (f) as 
subsections (d), (e), (D, and (g), respectively; and 
(2) by inserting after subsection (b) the foUovdng new sub-
section (c): 
"(c) SUPPLIES AND EQUIPMENT.—(1) Funds made available from 
Department of Defense operation and maintenance accounts to carry 
out the pilot program may be used for the purchase of supplies 
and equipment 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 fiimished by a Stete, a Federal 
agency, a private agency, or an individual may be used to carry 
out the pilot program.". 
(d) SERVICE OF PARTICIPANTS.—Subsection (f) of such section, 
as redesignated by subsection (cXD, is amended to read as follows: 
"(f) SERVICE OF PARTICIPANTS.—Service in the pilot program 
by a member of the National Guard shall be considered training 
in the member's Federal stetus as a member of the National Guard 
of a Stete imder section 270 of title 10, United Stetes Code, and 
section 502 of title 32, United Stetes Code.". 
(e) REPORT.—Subsection (g) of such section, as redesignated 
by subsection (cXD, is amended by striking out "January 1, 1994" 
and inserting in lieu thereof "January 1,1995". 
(f) DEFINITIONS.—Such section is further amended by adding 
at the end the following new subsection: 
"(h) DEFINITIONS.—In this section: 
"(1) The term 'health care' includes medical care services 
and dental care services. 
107 STAT. 1630 
PUBLIC LAW 103-160—NOV. 30, 1993 
**(2) The term 'Governor*, with respect to the District of 
Columbia, means the commanding general of the District of 
Columbia National Guard. 
"(3) The term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, and the Virgin 
Islands.". 
SEC. 366. AMENDMENTS TO THE ARMED FORCES RETIREMENT HOME 
ACT OF 1991. 
(a) SUPPORT FOR HOME BY DEPARTMENT OF DEFENSE.—Section 
1511 of the Armed Forces Retirement Home Act of 1991 (title 
XV of Public Law 101-510; 24 U.S.C. 411) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
"(e) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary of 
Defense may make available to the Retirement Home, on a 
nonreimbursable basis, administrative support and office services, 
legal and policy planning assistance, access to investigative facilities 
of the Inspector General of the Department of Defense and of 
the military departments, and any other support necessary to enable 
the Retirement Home to carry out its functions under this Act.". 
(b) AUTHORITY OF RETIREMENT HOME CHAIRMAN.—Paragraph 
(1) of section 1515(d) of such Act (24 U.S.C. 415(d)) is amended 
to read as follows: 
"(IXA) The Secretary of Defense shall select one of the members 
of the Retirement Home Board to serve as chairman. The term 
of ofiRce of the chairman shall be five years. At the discretion 
of the Secretary a chairman may serve a second five-year term 
of office as chairman. 
"(B) The chairman shall act as the chief executive officer of 
the Armed Forces Retirement Home and while so acting shall 
not be responsible to the Secretary of Defense or to the Secretaries 
of the military departments for direction and management of the 
Retirement Home or each facility maintained as a separate facility 
of the Retirement Home. 
"(C) The chairman may appoint, in addition to such ad hoc 
committees as the chairman determines to be appropriate, a stand-
ing executive committee to act for, and in the name of, the Retire-
ment Home Board at such times and on such matters as the 
chairman considers necessary to expedite the efficient and timely 
management of each facility maintained as a separate facility of 
the Retirement Home. 
"(D) The chairman may appoint an administrative staff to 
assist the chairman in the performance of the duties of the chair-
man. The chairman shall determine the rates of pay applicable 
to such stafT, except that a staff member who is a member of 
the ^jmed Forces on active duty or who is a full-time officer 
or employee of the United States shall receive no additional pay 
by reason of service on the administrative staff.". 
(c) HOSPITAL CARE FOR HOME RESIDENTS.—Section 1513(b) of 
such Act (24 U.S.C. 413(b)) is amended bv striking out the second 
sentence and inserting in lieu thereof tne following: "Secondary 
and tertiary hospital care for residents that is not available at 
a facility maintained as a separate establishment of the Retirement 
Home shall, to the extent available, be obtained by agreement 
with the Secretary of Veterans Affairs or the Secretary of Defense 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1631 
in a facility administered by such Secretary. The Retirement Home 
shall not oe responsible for the costs incurred 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 PERSONS.—Sub-
section (a) of section 1520 of such Act (24 U.S.C. 420) is amended 
to read as follows: 
"(a) DISPOSITION OF EFFECTS OF DECEASED PERSONS.—The 
Director of each facility that is maintained as a separate establish-
ment of the Retirement Home shall safeguard and dispose of the 
estate and personal effects of deceased residents, including effects 
delivered to such facility under sections 4712(f) and 9712(f) of 
title 10, United States Code, and shall ensure the following: 
"(1) A will or other instrument of a testamentary nature 
involving property rights executed by a resident shall be 
promptly delivered, upon the death of the resident, to the 
proper court of record. 
"(2) If 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 period beginning on the date of the 
death. If entitlement to such property is established to the 
satisfaction of the Director at any time during the three-year 
period, the Director shall distribute the decedent's property, 
in equal pro-rata shares when multiple beneficiaries have been 
identified, to the highest following categories of identified survi-
vors (listed in the order of precedence indicated): 
"(A) The surviving spouse or legal representative. 
"(B) The children of the deceased. 
**(C) The peirents 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 1520 
is amended to read as follows: 
"(b) SALE OF EFFECTS.—(1)(A) If the disposition of the estate 
of a resident of the Retirement Home cannot be accomplished under 
subsection (aX2) or if a resident dies testate and the nominated 
fiduciary, legatees, or heirs of the resident cannot be immediately 
ascertained, the entirety of the deceased resident's domiciliary 
estate and the entiret],^ of any ancillary estate that is 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. 
"(B) Upon the sale of any such imclaimed estate property, 
the proceeds of the sale shall be deposited in the Retirement Home 
Trust Fimd. 
"(C) If a personal representative or other fiduciary is appointed 
to administer a deceased resident's estate and the administration 
is completed before the end of such three-year period, the balance 
of the entire net proceeds of the estate, less expenses, shall be 
deposited directly in the Retirement Home Trust Fund. The heirs Claims. 
or legatees of the deceased resident may file a claim made with 
the Comptroller Greneral of the United States to reclaim such pro-
ceeds. A determination of the claim by the Comptroller General Courts. 
shall be subject to judicial review exclusively by the United States 
Court of Federal Claims. 
"(2)(A) The Director of a facility maintained as a separate 
establishment of the Retirement Home may designate an attorney 
107 STAT. 1632 
PUBLIC LAW 103-160—NOV. 30, 1993 
to serve as attorney or agent for the facility in any probate proceed-
ing in which the Retirement Home may have a legal interest 
as nominated fiduciary, testamentary legatee, escheat legatee, or 
in any other capacity. 
"(B) An attorney designated imder this paragraph may, in 
the domiciliary jurisdiction of the deceased resident and in any 
ancillary jurisdiction, petition for appointment as fiduciary. The 
attorney shall have priority over any petitioners (other than the 
deceased resident's nominated fiduciary, named legatees, or heirs) 
to serve as fiduciary. In a probate proceeding in which the heirs 
of an intestate deceased resident cannot be located and in a probate 
proceeding in which the nominated fiduciary, legatees, or heirs 
of a testate deceased resident cannot be located, the attorney shall 
be appointed as the fiduciary of the deceased resident's estate. 
"(3) The designation of an employee or representative 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 firom serving as a competent witness 
to a will or codicil of the resident. 
"(4) After the end of the three-year period beginning on the 
date of the death of a resident of a facility, the Director of the 
facility shall dispose of all property of the deceased resident that 
is not otherwise disposed of imder this subsection, including per-
sonal effects such as decorations, medals, and citations to which 
a right 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 facility; 
"(B) offering such items to the Secretary of Veterans 
Affairs, a State, another military home, a museum, or any 
other institution having an interest in such items; or 
"(C) destro}dng any items determined by the Director to 
be valueless.". 
(0 APPUCABILITY.—Section 1541 of such Act (24 U.S.C. 401 
note) is amended by adding at the end the following new subsection: 
"(d) APPLICABILITY.—Section 1520 of this Act shall apply to 
the estate of each resident of the Armed Forces Retirement Home, 
including the United States Soldiers' £uid Airmen's Home and the 
Naval Home, who dies after November 29,1989.". 
SEC. 367. MODIFICATION OF RESTRICTION ON REPAIR OF CERTAIN 
VESSELS THE HOMEPORT OF WHICH IS PLANNED FOR 
REASSIGNMENT. 
Subsection (b) of section 7310 of title 10, United States Code, 
as inserted by section 824(b), is amended to read as follows: 
"(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 diiring 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 territonr of the United States), the 
Secretary of the Navy shall during the 15-month period preceding 
the planned reassignment of the vessel to a homeport not in the 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1633 
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 maintenance of the vessel that is 
scheduled— 
''(A) to begin during the 15-month period; and 
"(B) to be for a period of more than six months.". 
SEC. 368. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES WHO DIE 
WHILE SERVING IN AN ARMED CONFLICT 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: 
*
*
§ 1482a. Expenses incident to death: Civilian employees 
serving with an armed force 
"(a) PAYMENT OF EXPENSES.—The Secretary concerned may 
pay the expenses incident to the death of a civilian employee 
who dies of injuries incurred in connection with the employee's 
service with an armed force in a contingency operation, or who 
dies of injuries incurred in connection with a terrorist incident 
occurring during the employee's service with an armed force, as 
follows: 
''(I) 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 Secretary of Transpor-
tation shall prescribe regulations to implement this section with 
regard to civilian employees of the Department of Transportation. 
Regulations under this subsection shall be uniform to the extent 
possible and shall provide for the Secretarjr's consideration of the 
conditions and circumstances surrounding the death of an employee 
and the nature of the employee's service with the armed force. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'civilian employee' means a person employed 
by the Federal (jovemment, including a person entitled to 
basic pay in accordance with the General Schedule provided 
in section 5332 of title 5 or a similar basic pay schedule of 
the Federal Government. 
"(2) The term 'contingency operation' includes humani-
tarian operations, peacekeeping operations, and similar oper-
ations. 
"(3) The term 'parent' has the meaning given such term 
in section 1482(aXll) of this title. 
"(4) 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.". 
107 STAT. 1634 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 75 of such title is amended by inserting aiter 
the item relating to section 1482 the following new item: 
"14828. Expenses incident to death: Civilian employees serving with an armed 
force.". 
10 u s e 1482a 
(c) EFFECTIVE DATE.—The amendments made by this section 
"°*®- 
shall apply with respect to the payment of incidental expenses 
for civilian employees who die while serving in a contingency oper-
ation that occurs after the date of the enactment of this Act. 
36 use 125 note. 
SEC. 360. MAINTENANCE AND REPAIR OF PACIFIC BATTLE MONU-
MENTS. 
(a) AUTHORITY.—^The Commandant of the Marine Corps may 
grovide necessary minor maintenance and repairs to the Pacific 
attle monuments until such time as the Secretary of the American 
Battle Monuments Commission and the Commandant of the Marine 
Corps agree that the repair and maintenance will be performed 
by the American Battle Monuments Commission. 
(b) FUNDING.—Of the amoimts authorized to be appropriated 
to the Marine Corps for operation and maintenance in a fiscal 
year, not more than $15,000 may be made available to repair 
-^-^ 
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 may be made available to repair and 
relocate a monument located on Iwo Jima commemorating the 
heroic efforts of United States military personnel during World 
Warn. 
SEC. 370. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS. 
(a) DEMONSTRATION PROJECT FOR USE OF PROCEEDS FROM THE 
SALE OF CERTAIN PROPERTY.—(1) Section 343(dXl) 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 
enactment of this Act" and inserting in lieu thereof "terminate 
on December 5,1994". 
(2) Section 343(e) of such Act is amended hy 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 PRODUCTION AND SERVICES.— 
Section 1425(e) of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by 
striking out "September 30, 1993" and inserting in lieu thereof 
"September 30,1994". 
(c) AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR 
COMMERCIAL ACTIVITIES.—Section 2468(f) of title 10, United States 
Code, is amended by striking out "September 30, 1993" and insert-
ing in lieu thereof "September 30,1994". 
SEC. 371. SHIPS'STORES. 
10 use 7604 
(a) CONVERSION TO OPERATION AS NONAPPROPRIATED FUND 
"°*®- 
INSTRUMENTALITIES.—^Not later than October 1, 1994, the Secretary 
of the Navy shall convert the operation of all ships' stores from 
operation as an activity funded by direct appropriations to operation 
by the Navy Exchange Service Command as an activity funded 
from sources other than appropriated funds. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1635 
(b) TRANSFER OF FUNDS.—TO facilitate the conversion required 
lo use 7604 
under subsection (a), the Secretary of the Navy shall transfer to ^°^-
the Navy Exchange Service Command, without cost to the Navy 
Exchange Service Command, from— 
(1) the Navy Stock Fund, an amount equal to the value 
of existing ships' stores assets in that Fimd; and 
(2) the Snips' Stores Profits, Navy Fund, residual cash 
in that Fund. 
(c) CODIFICATION.—Section 7604 of title 10, United States Code, 
is amended— 
(1) by inserting "(a) IN GENERAL.—" before "Under such 
regulations"; and 
(2) by adding at the end the following new subsections: 
"(b) INCIDENTAL SERVICES.—The Secretary of the Navy may 
provide financial services, space, utilities, and labor to ships' stores 
on a nonreimbursable basis. 
"(c) ITEMS SOLD.—^Merchandise sold by ship stores afioat shall 
include items in the following categories: 
"(1) Health, beauty, and barber items. 
"(2) Prerecorded music and videos. 
"(3) Photographic batteries and related supplies. 
"(4) Appliances find accessories. 
"(5) Uniform items, emblematic and athletic clothing, and 
equipment. 
(6) Luggage and leather goods. 
"(7) Stationery, magazines, books, and supplies. 
"(8) Sundry, games, and souvenirs, 
"(9) Beverages and related food and snacks. 
"(10) Laimdry, tailor, and cleaning supplies. 
"(11) Tobacco products.". 
(d) EFFECTIVE DATE.—Subsections (b) and (c) of section 7604 
lo use 7604 
of title 10, United States Code, as added by subsection (c), shall "
°
*
®
-
take efiTect on the date on which the Secretary of the Navy completes 
the conversion referred to in subsection (a). 
SEC. 372. PROMOTION OF CIVILIAN MARKSMANSmP. 
Section 4308(c) of title 10, United States Code, is amended 
by adding at the end the following: "Notwithstanding any other 
provision of law, such amoimts shall remain available until 
expended.". 
SEC. 373. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
FORCES 
AND DEPARTMENT 
OF DEFENSE 
CIVILIAN 
EMPLOYEES. 
(a) ELIGIBLE LOCAL, EDUCATIONAL AGENCIES.—Section 386(c) 
of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 20 U.S.C. 238 note) is amended— 
(1) by striking out "or" at the end of paragraph (1); 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting aflier paragraph (1) the following new para-
graph (2): 
"(2) there has been a significant increase, as determined 
by the Secretary of Defense, in the number of military depend-
ent students in average daily attendance in the schools of 
that agency as a result of a relocation of Armed Forces person-
nel or civihan employees of the Department of Defense or 
107 STAT. 1636 
PUBLIC LAW 103-160—NOV. 30, 1993 
as a result of a realignment of one or more military installa-
tions; or^; and 
(4) in paragraph (3), as redesignated by paragraph (2), 
by inserting "or (2)" before the period at the end. 
20 use 238 note. 
(b) T
E
C
H
N
I
C
A
L CORRECTION.—Section 386 of such Act is 
amended— 
(1) by redesignating the second subsection (e), relating 
to definitions, as subsection (h); and 
(2) by transferring such subsection, as so redesignated, 
to the end of such section. 
20 use 238 note. 
(c) E
F
F
E
C
T
I
V
E D
A
T
E O
F AMENDMENTS.—The amendments made 
by subsections (a) and (b) shall take effect as of October 23, 1992, 
as if section 386 of Public Law 102-484 had been enacted as 
amended by such subsections. 
(d) AVAILABILITY OF FUNDS.—Of the amounts authorized to 
be appropriated pursuant to section 301(5)— 
(1) $50,000,000 shall be available for providing assistance 
to local educational agencies under subsection (b) of section 
386 of Public Law 102-484; and 
(2) $8,000,000 shall be available for making payments to 
local educational agencies under subsection (d) of such section. 
(e) NOTIFICATION AND DISBURSAL.—<1) On or before June 30, 
1994, the Secretary of Defense (with respect to assistance provided 
in subsection (b) of section 386 of Public Law 102-484) and the 
Secretary of Education (with respect to payments made under sub-
section (d) of such section) shall notify each local educational agency 
eligible for assistance imder subsections (b) and (d) of such section, 
respectively, for fiscal year 1994 of such agency's eligibility for 
sucn assistance and the amoimt of such assistance. 
(2) The Secretary of Defense (with respect to fiinds made avail-
able under subsection (dXD) and the Secretary of Education (with 
respect to fimds made available under subsection (dX2)) shall dis-
biirse such fimds not later than 30 days after notification to eligible 
local education agencies. 
SEC. 
3
7
4
. 
BUDGET INFORMATION ON DEPARTMENT OF DEFENSE 
RECRUITING 
EXPENDITURES. 
(a) IN GENERAL.—Chapter 9 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 227. Recruiting costs 
The Secretary of Defense shall include in the budget justifica-
tion documents submitted to Congress each year in connection 
with the submission of the budget pursuant to section 1105 of 
title 31 the following matters: 
"(1) The amount requested for the recruitment of persons 
for enlistment or appointment into the armed forces, 
including— 
"(A) the personnel costs for Department of Defense 
personnel whose duties include— 
**(i) recruitment; 
"(ii) the management of Department of Defense 
personnel performing recruitment duties; or 
"(iii) supporting Department of Defense personnel 
in the performance of duties referred to in clause (i) 
or(ii); 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1637 
"(B) the cost of providing support for such personnel 
for theperformance of those duties; 
"(C) operation and maintenance costs associated with 
recruitment, including the costs of paid advertising and 
facilities; 
"(D) the costs of incentives, including— 
"(i) amounts paid under sections 302d, 308a, 308c, 
308f, 308g, 308h (for a first enlistment), and 308i of 
title 37, relating to bonuses and other incentives; 
"(ii) amoimts deposited in the Department of 
Defense Education Benefits Fund pursuant to section 
2006(g) of this title; and 
"(iii) payments imder the provisions of chapters 
105, 107, and 109 of this title and chapter 30 of title 
38; and 
"(E) costs associated with military entrance processing. 
"(2) The appropriation accounts from which such costs are 
to be paid. 
"(3) The estimated average total annual cost of recruiting 
a person for enlistment or appointment into the armed forces 
for the fiscal year covered by the budget, determined and shown 
separately for— 
(A) each armed force; 
"(B) the active component of each armed force; 
"(C) each of the reserve components of each armed 
force; and 
"(D) for all of the armed forces.", 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"227. Recruiting costs.". 
SEC. 375. REVISION OF AUTHORITIES ON NATIONAL SECURITY EDU-
CATION TRUST FUND. 
(a) CREDITING OF GIFTS TO THE NATIONAL SECURITY EDUCATION 
TRUST FUND.—Section 804(e) of the David L. Boren National Secu-
rity Education Act of 1991 (50 U.S.C. 1904(e)) is amended by 
adding at the end the following: 
"(3) Any gifts of money shall be credited to and form a part 
of the Fund.". 
(b) REPEAL OF AUTHORIZATION REQUIREMENT.—Section 804(b) 
of such Act is amended— 
(1) by striking out paragraph (2); 
(2) by striking out "(1)"; and 
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
SEC. 376. ANNUAL ASSESSMENT OF FORCE READINESS. 
10 USC 153 note. 
(a) ANNUAL ASSESSMENT REQUIRED.—Not later than March 
1 of each of 1994, 1995, and 1996, the Chairman of the Joint 
Chiefs of Staff shall submit to the Congress an assessment of— 
(1) the readiness and capability of the Armed Forces to 
carry out the full range of the missions assigned to the Armed 
Forces; and 
(2) the associated level or degree of risk for the Armed 
Forces in responding to ciurent and anticipated threats to 
national security interests of the United States. 
107 STAT. 1638 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) CONTENT OF ASSESSMENT.—^Each assessment shall include, 
for the five-year period described in subsection (c), the following 
matters: 
(1) An unclassified description of the current and projected 
readiness and capability of the Armed Forces taking into consid-
eration each of the following areas: 
(A) Personnel. 
(B) Training and exercises. 
(C) Logistics, including equipment maintenance and 
supply availability. 
(D) Equipment modernization. 
(E) Installations, real property, and facilities. 
(F) Munitions. 
(G) Mobility. 
(H) Wartime sustainability. 
(2) The personal assessment of the Chairman of the Joint 
Chiefs of Staff regarding the readiness and capabilities of the 
Armed Forces, together with the Chairman's personal judgment 
on whether there are significant problems or risks regarding 
the readiness and capabilities of the Armed Forces. 
(3) Any factors that the Chairman or any other member 
of the Joint Chiefs of StafT believes may lead to a decrease 
in force readiness or a degradation in the overall capability 
of the Armed Forces. 
(4) Any recommended actions that the Chairman of the 
Joint Chiefs of StafT considers appropriate. 
(5) Any classified annexes that the Chairman of the Joint 
Chiefs of Staff considers appropriate. 
(c) PERIOD ASSESSED.—^The assessment shall include informa-
tion for the fiscal year in which the assessment is submitted, 
the three preceding fiscal years, and projections for the subsequent 
fiscal year. 
(d) INTERIM ASSESSMENTS.—If, at any time between submis-
sions of assessments to the Congress under subsection (a), the 
Chairman of the Joint Chiefs of Staff determines that there is 
a significant change in the projected readiness or capability of 
the Armed Forces from the readiness or capability projected in 
the most recent annual assessment, the Chairman shall submit 
to the Congress a revised assessment that reflects each such signifi-
cant change. 
SEC. 377. REPORTS ON TRANSFERS OF CERTAIN FUNDS. 
(a) ANNUAL REPORTS.—In each of 1994, 1995, and 1996, the 
Secretary of Defense shall submit to the congressional defense 
committees, not later than the date on which the President submits 
the budget pursuant to section 1105 of title 31, United States 
Code, in that year, a report on each transfer of funds that was 
made from an operation and maintenance account of the Depart-
ment of Defense for operating forces during the preceding fiscal 
year. The report shall include the reason for the transfer. 
(b) MIDYEAR REPORTS.—On May 1 of each of 1994, 1995, and 
1996, the Secretary of Defense shall submit to the congressional 
defense committees a report on each transfer of funds that was 
made from an operation and maintenance account of the Depart-
ment of Defense for operating forces during the first six months 
of the fiscal year in which such report is submitted. The report 
shall include the reason for the trans^r. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1639 
SEC. 378. REPORT ON REPLACEMENT SITES FOR ARMY RESERVE 
FACILITY IN MARCUS HOOK, PENNSYLVANIA. 
Not later than March 1, 1994, the Secretary of the Army 
shall submit to the Congress a report evaluating the suitability 
of each site within a 100-mile radius of the Army Reserve Facility 
in Marcus Hook, Pennsylvania, that may be considered by the 
Secretary as a replacement facility for the Army Reserve Facility. 
The report shall include a detailed accounting of— 
(1) the pier and building space required at the replacement 
facility and the pier and bmlding space available at each alter-
native site; 
(2) the cost of operating a facility comparable to the Army 
Reserve Facility at each alternative site; 
(3) the other entities, if any, canying out activities at 
each alternative site and the pier and building space required 
by such entities at each alternative site; and 
(4) the advantages and disadvantages of locating the facility 
at each alternative site. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—^Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 note. 
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, 177,000. 
(4) The Air Force, 425,700. 
SEC. 402. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS 
10 USC 523 note. 
FOR 
MARINE 
CORPS 
MAJORS 
AND 
LIEUTENANT 
COLONELS. 
(a) VARIATION AirraoRiZED.—In the administration of the 
limitation under section 523(aXl) of title 10, United States Code, 
for fiscal years 1994 and 1995, the nimibers applicable to officers 
of the Marine Corps sei*ving on active duty in the grades of major 
and lieutenant colonel shall be the numbers set forth for that 
fiscal year in subsection (b) (rather than the numbers determined 
in accordance with the tjable in that section). 
(b) NUMBERS FOR FISCAL YEARS 1994 AND 1995.—The numbers 
referred to in subsection (a) are as follows: 
Number of officers who may 
be serving on active duty in 
Fiscal year: 
the grade of: 
»yr„-^- 
Lieutenant 
M^°' 
colonel 
1994 
3,023 
1
,
5
7
8 
1995 
3,157 
1,634. 
107 STAT. 1640 
PUBLIC LAW 103-160—NOV. 30, 1993 
Reports. 
President. 
10 u s e 115 note. 
SEC. 403. ARMY END STRENGTH. 
(a) TIMING OF REDUCTION.—The number of active duty members 
of the Army may not be reduced (from the number as of the 
date of the enactment of this Act) to a number below 555,000 
until after April 30,1994. 
(b) CONDITIONS ON REDUCTION,—After April 30,1994, the num-
ber of active duty members of the Army may be reduced below 
555,000 only if— 
(1) the Secretary of Defense has submitted to Congress 
a report setting forth in detail— 
(A) the method by which the force structure of the 
/ 
Army in the Bottom Up Review was derived and the pro-
jected active duty end strength for the Army for each 
of fiscal years 1995 through 1999; 
(B) how the forces recommended in the Bottom Up 
Review for the Army for future fiscal years will be able 
to carry out the two major regional conflicts strategy; and 
(C) what effect peacekeeping operations, peace making 
operations, peace enforcing operations, disaster relief oper-
ations, and other operations other than war have on the 
ability of the Army to carry out the two major regional 
conflicts strategy; 
(2) the President (after receiving a report from the Sec-
retary of the Army containing the assessment of the Secretary 
on the capabilities of the Army) has submitted to Congress 
a report— 
(A) containing a certification that the Army is capable 
of providing sufficient forces (excluding forces engaged in 
peacekeeping operations and other operations other than 
war) to carry out two major regional conflicts nearly 
simultaneously, in accordance with the National Military 
Strategy; 
(B) specifying the active Army units anticipated to 
deploy within the first 75 days in response to a major 
regional conflict that are at the time of the submission 
of the report engaged in peacekeeping operations and other 
operations other than war; and 
(C) containing the President's estimate of the time 
required to redeploy and retrain the forces specified in 
subparagraph (B) and subsequently to commit them to 
combat in a major regional contingency; and 
(3) the President has submitted the report on multinational 
peacekeeping and peace enforcement required by section 1502. 
(c) LIMITATION ON REDUCTIONS.—If the conditions specified in 
subsection (b) are met, the number of active duty members of 
the Army may not during fiscal vear 1994 be reduced below the 
end strength for the Army specified in section 401. 
(d) CERTIFICATION UPON PARTICIPATION IN PEACETIME CONTIN-
GENCY OPERATIONS.—^Whenever, at a time when the number of 
active duty members of the Army is below 555,000, the President 
makes a decision to commit elements of the Army to (1) a peacekeep-
ing operation, a peace making operation, or a peace enforcing oper-
ation, or (2) any other operation during peacetime that would 
require assignment of a large contingent of personnel or that would 
consume significant resources, the President shall submit to Con-
gress a report containing a certification specified in subsection 
President. 
Reports. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1641 
(bX2XA). Any such report shall be submitted not later than the 
date on which the execution of the operation begins. 
(e) END STRENGTH WITHOUT CERTIFICATION.—If the conditions 
specified in subsection (b) have not been met as of September 
30, 1994, the limitation as of that date for the Army under section 
401 shall be 555,000 (rather than the nimiber specified in that 
section for the Army). 
if) ACTIVE DUTY MEMBERS OF THE ARMY.—For purposes of 
this section, active duty members of the Army are those members 
of the Army who are on active duty and are counted for purposes 
of the active duty end strength limitation under section 401. 
(g) BOTTOM UP REVIEW.—^For purposes of this section, the 
term "Bottom Up Revieyr" means the internal study of the Depart-
ment ttf Defense conducted during 1993 at the direction of the 
Secret/iry of Defense, the results of which were published in October 
1993 m the report entitled "Report on the Bottom-Up Review". 
SEC. '404. REPORT ON END STRENGTHS NECESSARY TO MEET LEVELS 
ASSUMED IN BOTTOM UP REVIEW. 
(a) REPORT REQUIRED.—^The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on the personnel management actions 
prog:rammed to be carried out in order to reach the military force 
strength levels assumed as of the end of fiscal year 1999 in the 
Bottom Up Review study carried out in the Department of Defense 
during 1993. 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include the following, shown separately for each of the 
Army, Navy, Air Force, and Marine Corps: 
(1) The active-duty and Selected Reserve end strengths 
programmed for each fiscal year through fiscal year 1999. 
(2) The number of accessions (shown by type of accession) 
programmed for each fiscal year through fiscal year 1999. 
(3) The number of separations, shown by category of separa-
tion for both voluntary and involuntary separations, and shown 
separately for ofiKcers and enlisted personnel, programmed for 
each fiscal year through fiscal year 1999. 
(4) A description of any other personnel management action 
programmed for the purpose stated in subsection (a). 
(c) DEADLINE FOR REPORT.—^The report under subsection (a) 
shall be submitted not later than February 15,1994. 
Subtitle B—^Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
10 USC 261 note. 
(a) IN GENERAL.—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30,1994, as follows: 
(1) The Army National Guard of the United States, 410,000. 
(2) The Army Reserve, 260,000. 
(3) The Naval Reserve, 118,000. 
(4) The Marine Corps Reserve, 42,200, 
(5) The Air National Guard of the United States, 117,700. 
(6) The Air Forc« Reserve, 81,500. 
(7) The Coast Guard Reserve, 10,000. 
107 STAT. 1642 
PUBLIC LAW 103-160—NOV. 30, 1993 
(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 component shall be 
reduced proportionately by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year, and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
Whenever such units or such individual members are released 
from active duty during any fiscal year, the end strength prescribed 
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be increased proportionately by the total authorized 
strengths of such units and by the total number of such individual 
members. 
10 use 261 note. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 1994, the following number of Reserves to be serving 
on full-time active duty or, in the case of members of the National 
Guard, full-time National Guard duty for the purpose of organizing, 
administering, recruiting, instructing, or training the reserve 
components: 
(1) The Army National Guard of the United States, 24,180. 
(2) The Army Reserve, 12,542. 
(3) The Naval Reserve, 19,718. 
(4) The Marine Corps Reserve, 2,285. 
(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.—^The table in section 517(b) 
of title 10, United States Code, is amended to read as follows: 
"Grade 
Army 
Navy 
Air Force 
^oJ^g® 
E-9 
569 
202 
328 
14 
E-8 
2,585 
429 
840 
74". 
(b) OFFICERS.—^The table in section 524(a) of such title is 
amended to read as follows: 
"Grade 
Army 
Navy 
Air Force 
^^^g 
Mtgor or Lieutenant Commander 
3,219 
1,071 
575 
110 
PUBLIC LAW 103-160—NOV. 30, 
"Grade 
Army 
Navy 
Lieutenant Colonel or Commander 
1,524 
520 
Colonel or Navy Captain 
372 
188 
1993 
Air Force 
636 
274 
107 STAT. 1643 
Marine 
Corps 
75 
25". 
SEC. 414. FORCE STRUCTURE ALLOWANCE FOR ARMY NATIONAL 
GUARD. 
(a) MINIMUM FORCE STRUCTURE LEVEL.—The force structure 
allowance for the Army National Guard of the United States for 
fiscal year 1994 shall be not less than 420,000. 
(b) FORCE STRUCTURE ALLOWANCE DEFINED.—For purposes of 
this section, the force structure allowance for a reserve component 
is the allowance prescribed for that reserve component by the 
Secretary of the military department concerned pursuant to section 
413 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102^84; 106 Stat. 2400). 
SEC 415. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPORTUNITY 
(COOP) PROGRAM. 
(a) FISCAL YEAR 1994.—The Secretary of the Navy shall ensure 
that none of the end strength reduction projected for the Naval 
Reserve in this Act shall be derived from personnel authorizations 
assigned to the Craft of Opportimity mission. 
(b) PERMANENT STAFFING LEVEL.—The number of personnel 
authorizations assigned to the Craft of Opportunity mission shall 
be maintained during fiscal year 1994 and thereafter at not less 
than the level in effect on September 30,1991. 
Subtitle C—^Military Training Student 
Loads 
SEC 421. AUTHORIZATION OF TRAINING STUDENT LOADS. 
(a) IN GENERAL.—For fiscal year 1994, the Armed Forces are 
authorized average military training student loads as follows: 
(1) The Army, 75,220. 
(2) The Navy, 45,269. 
(3) The Marine Corps, 22,753. 
(4) The Air Force, 33,439. 
(b) SCOPE.—^The average military training student load author-
ized for an armed force imder subsection (a) applies to the active 
and reserve components of that armed force. 
(c) ADJUSTMENTS.—^The average military training student loads 
authorized in subsection (a) shall be adjusted 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. 
107 STAT. 1644 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle D—^Authorization of 
Appropriations 
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for mihtary personnel for fiscal year 1994 a total 
of $70,183,770,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 1994. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
SEC. 501. YEARS OF SERVICE FOR EUGIBIUTY FOR SEPARATION PAY 
FOR REGULAR OFFICERS INVOLUNTARILY DISCHARGED. 
(a) PERIOD OF SERVICE REQUIRED FOR ELIGIBILITY.—Section 
1174(aXl) of title 10, United States Code, is amended by striking 
out "five" and inserting in lieu thereof "six". 
10 use 1174 
(b) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
"°*®- 
the amendment made by subsection (a) shall 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 enactment of 
this Act nas five or more, but less than six, years of active service 
in the Armed Forces. 
SEC. 502. EXPANSION OF EUGIBILTTY FOR VOLUNTARY SEPARATION 
INCENTIVE AND SPECIAL SEPARATION BENEFITS PRO-
GRAMS. 
Sections 1174a(cX2) and 1175(dXl) of title 10, United States 
Code, are amended by striking out 'i)efore December 5, 1991". 
SEC. 503. MEMBERS ELIGIBILE FOR INVOLUNTARY SEPARATION 
BENEFITS. 
Section 1141 of title 10, United States Code, is amended by 
inserting "or on or after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1994" after "September 
30,1990,". 
SEC. 504. TEMPORARY AUTHORITY 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: 
^§580a. Enhanced authority for selective early discharges 
"(a) The Secretary of Defense may authorize the Secretary 
of a military department, during the period beginning on the date 
of the enactment of this section and ending on October 1, 1999, 
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. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1645 
'"(b) The Secretary of a military department may, with respect 
to regular warrant officers of an armed force, when authorized 
to do so under subsection (a), convene selection boards under section 
573(c) of this title to 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 imder any provision 
of law and are not within two years of becoming so eligible. 
''(cXD In the case of an action imder subsection (b), the Sec-
retary of the military dep artment concerned may submit to a selec-
tion board convened pursuant to that subsection— 
"(A) the names of all regular warrant officers described 
in that subsection in a particular grade and competitive cat-
egory; or 
"(B) the names of all regular warrant officers described 
in that subsection in a particular grade and competitive cat-
egory who also are in particular year groups or specialties, 
or both, within that competitive category. 
"(2) The Secretary concerned shall specifv the total number 
of warrant officers to he recommended for discharge by a selection 
board convened pursuant to subsection (b). That number may not 
be more than 30 percent of the nimiber 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 nimiber of regular warrant officers described 
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, 
m the nvimber of warrant officers of that armed force (or the 
number of warrant officers of that armed force in that grade) 
authorized to be serving on active duty as of the end of that 
fiscal year. 
"(4) A warrant officer who is recommended for discharge by 
a selection board convened pursuant to subsection (b) and whose 
discharge is approved by the Secretary concerned shall be dis-
charged on a date specified by the Secretary concerned. 
''(5) Selection of warrant officers for discharge imder this sub-
section shall be based on the needs of the service. 
"(d) The discharge of any warrant officer pursuant to this 
section shall be considered involimtary for purposes of any other 
provision of law.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 580 the following new item: 
"SSOa. Enhanced authority for selective early discharges.". 
SEC. 505. DETERMINATION OF SERVICE FOR WARRANT OFFICER 
RETIREMENT SANCTUARY. 
(a) EQUITY WITH OTHER MEMBERS.—Section 580(aX4) of title 
10, United States Code, is amended— 
107 STAT. 1646 
PUBLIC LAW 103-160—NOV. 30, 1993 
10 use 580 note. 
10 use 1174a 
note. 
Reports. 
(1) by inserting "(except as provided in subparagraph (C))" 
in subparagraph (A) aJPter "shall be separated"; and 
(2) by adding at the end the following new subparagraph: 
"(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 subsection 
(a) shall apply to warrant officers who have not been separated 
pursuant to section 580(aX4) of title 10, United States Code, before 
the date of enactment of this Act. 
SEC. 506. OFFICERS INELIGIBLE FOR CONSIDERATION 
BY EARLY 
RETIREMENT BOARDS. 
Section 638(eX2XB) of title 10, United States Code, is 
amended— 
(1) by inserting "(i)" after "grade and competitive category**; 
(2) by inserting "(ii)" after "of this title, or*; and 
(3) by striking out the comma after "any provision of law". 
SEC. 507. REMEDY FOR INEFFECTIVE COUNSELING OF OFFICERS DIS-
CHARGED FOLLOWING SELECTION BY EARLY DISCHARGE 
BOARDS. 
(a) PROCEDURE FOR REVIEW.—(1) The Secretary of each militarv 
department shall establish a procedure for the review of the individ-
ual circumstances of an officer described in paragraph (2) who 
is discharged, or who the Secretary concerned approves for dis-
charge, following the report of a selection board convened by the 
Secretary to select officers for separation. The procedure established 
by the Secretary of a military department under this section shall 
provide that each review imder that procedure be carried out by 
the Board for the Correction of Military Records of that military 
department. 
(2) This section applies in the case of any officer (including 
a warrant of^cer) who, having been offered the opportunity to 
be discharged or otherwise separated from active duty through 
the programs provided under section 1174a and 1175 of title 10, 
United States Code— 
(A) elected not to accept such discharge or separation; 
and 
(B) submits an application under subsection (b) during 
the two-year period be^nning on the later of the date of the 
enactment of this Act and the date of such discharge or 
separation. 
(b) APPLICATION.—^A review imder this section shall be con-
ducted in any case submitted to the Secretary concerned by applica-
tion from the officer or former officer imder regulations prescribed 
by the Secretary. 
(c) PURPOSE OF REVIEW.—(1) The review under this section 
shall be designed to evaluate the effectiveness of the counseling 
of the officer before the convening of the board to ensure that 
the officer was properly informed that selection for discharge or 
other separation from active duty was a potential result of being 
within the group of ofRcers to be considered by the board and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1647 
that the officer was not improperly informed that such selection 
in that officer's personal case was unlikely. 
(2) The Board for the Correction of Military Records of a mili-
tary department shall render a decision in each case under this 
section not later than 60 days after receipt by the Secretary con-
cerned of an application under subsection (b). 
(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 for which the officer meets all eligibility criteria: 
(1) The Special Separation Benefits program under section 
1174a of title 10, United States Code. 
(2) The Voluntairy Separation Incentive program under sec-
tion 1175 of such title. 
(3) Retirement under the authority provided by section 
4403 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293). 
(e) EFFECTIVE DATE.—^This section shall apply with respect 
to officers separated after September 30,1990. 
SEC. 608. TWO-YEAR EXTENSION OF AUTHORITY FOR TEMPORARY 
PROMOTION OF CERTAIN NAVY LIEUTENANTS. 
(a) EXTENSION.—Section 5721(0 of title 10, United States Code, 
is amended by striking out ''September 30, 1993" and inserting 
in lieu thereof "September 30,1995". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) lo use 5721 
shall take effect as of September 30,1993. 
"°*® 
SEC. 609. AWARD 
OF 
CONSTRUCTIVE 
SERVICE 
CREDIT 
FOR 
ADVANCED EDUCATION IN A HEALTH PROFESSION UPON 
ORIGINAL APPOINTMENT AS AN OFFICER. 
(a) CREDIT UPON APPOINTMENT IN A REGULAR COMPONENT.— 
Section 533(bXl) of title 10, United States Code, is amended— 
(1) in subparagraph (A)— 
(A) by striking out "Except as provided in clause (E), 
in" at the beginning of the second sentence and inserting 
in lieu thereof "In"; and 
(B) by striking out "postsecondary education in excess 
of four that are" in the second sentence and inserting 
in lieu thereof "advanced education"; 
(2) by striking out subparagraph (E); and 
(3) by redesignating subparagraph (F) as subparagraph 
(E). 
(b) CREDIT UPON APPOINTMENT AS RESERVE OFFICER IN THE 
ARMY.—Section 3353(bXl) of title 10, United States Code, is 
amended— 
(1) in subparagraph (A)— 
(A) by striking out "Except as provided in clause (E), 
in" at the beginning of the second sentence and inserting 
in lieu thereof "In"; and 
(B) by striking out "postsecondary education in excess 
of four that are" in the second sentence and inserting 
in lieu thereof "advanced education"; 
(2) by striking out subparagraph (E); and 
(3) by redesignating subparagraph (F) as subparagraph 
(E). 
107 STAT. 1648 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) CREDIT UPON APPOINTMENT AS OFFICER IN NAVAL RESERVE 
OR MARINE CORPS RESERVE.—Section 5600(b)(1) of title 10, United 
States Code, is amended— 
(1) in subparagraph (A)— 
(A) by striking out "Except as provided in clause (E), 
in" at the beginning of the second sentence and inserting 
in lieu thereof "In"; and 
(B) by striking out "postsecondary education in excess 
of four that are" in the second sentence and inserting 
in lieu thereof "advanced education"; 
(2) by striking out subparagraph (E); and 
(3) by redesignating subparagraph (F) as subparagraph 
(E). 
(d) CREDIT UPON APPOINTMENT AS RESERVE OFFICER IN THE 
AIR FORCE.—Section 8353(b)(1) of title 10, United States Code, 
is amended— 
(1) in subparagraph (A)— 
(A) by striking out "Except as provided in clause (E), 
in" at the beginning of the second sentence and inserting 
in lieu thereof "In"; and 
(B) by striking out "postsecondary education in excess 
of four that are" in the second sentence and inserting 
in lieu thereof "advanced education"; 
(2) by striking out subparagraph (E); and 
(3) by redesignating subparagraph (F) as subparagraph 
(E). 
10 use 533 note. 
(e) RATIFICATION OF PRIOR CREDIT.—To the extent that service 
credit awarded before the date of the enactment of this Act under 
section 533, 3353, 5600, or 8353 of title 10, United States Code, 
based on advanced education in medicine or dentistry was awarded 
consistent with that section as amended b^ this section (whether 
or not properly awarded imder that section as in effect before 
such amendment), the awarding of that service credit is hereby 
ratified. 
SEC. 510. ORIGINAL APPOINTMENT AS REGULAR OFFICERS OF CER-
TAIN RESERVE OFFICERS IN HEALTH PROFESSIONS. 
Section 532(d) of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(d)"; and 
y 
(2) by adding at the end the following: 
"(2) A reserve commissioned officer appointed in a medical 
skill other than as a medical officer or dental officer (as defined 
in regulations prescribed by the Secretary of Defense) is not subject 
to clause (2) of subsection (a).". 
Subtitle B—Reserve Components 
SEC. 511. EXCEPTION FOR HEALTH CARE PROVIDERS TO REQUIRE. 
MENT FOR 12 WEEKS OF BASIC TRAINING BEFORE ASSIGN-
MENT OUTSIDE UNITED STATES. 
Section 671 of title 10, United States Code, is amended— 
(1) by inserting "(except as provided in subsection (c))" 
in subsection (b) eifler "may not"; and 
(2) by adding at the end the following new subsection: 
"(cXl) A period of basic training (or equivalent training) shorter 
than 12 weelcs may be established by the Secretary concerned 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1649 
for members of the armed forces who have been credentialed in 
a medical profession or occupation and are serving in a health-
care occupational specialty, as determined under regulations pre-
scribed under paragraph (2). Any such period shall be established 
under regulations prescribed imder paragraph (2) and may be estab-
lished notwithstanding section 4(a) of the Military Selective Service 
Act (50 U.S.C. App. 454(a)). 
"(2) The Secretary of Defense, and the Secretary of Transpor- Regulations. 
tation with respect to the Coast Guard when it is not operating 
as a service in the Navy, shall prescribe regulations for the purposes 
of paragraph (1). The regulations prescribed by the Secretary of 
Defense shall apply uniformly to the military departments.". 
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 RESERVE 
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 EXl^NSION OF CERTAIN RESERVE OFFICER 
MANAGEMENT AUTHORITIES. 
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN RESERVE 
MEDICAL OFFICERS.—Scsctions 3359(b) and 8359(b) of title 10, 
United States Code, are each amended by striking out "September 
30,1993" and inserting in lieu thereof "September 30,1995". 
(b) PROMOTION AUI^HORITY FOR CERTAIN RESERVE OFFICERS 
SERVING ON ACTIVE DUTY.—Sections 3380(d) and 8380(d) of such 
title are each amended by striking out "September 30, 1993" and 
inserting in lieu thereof "September 30,1995". 
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE 
RETIRED RESERVE.—Section 1016(d) of the Department of Defense 
Authorization Act, 1984 (10 U.S.C. 3360 note) is amended by strik-
ing out "September 30, 1993" and inserting in lieu thereof "Septem-
ber 30,1995". 
(d) EFFECTIVE DATE.—(1) The amendments made by this section lo use 3359 
shall take effect as of September 30,1993. 
''^^ 
(2) The Secretary of the Army or the Secretary of the Air lo use 3380 
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 
01 this Act under an appointment described in paragraph (3), that 
the date of rank of such officer imder that appointment shall 
be the date of rank that would have applied to the appointment 
had the authority referred to in that paragraph not lapsed. 
(3) An appointment referred to in paragraph (2) is an appoint- l
O use 3380 
ment 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 beginning on October 1, 1993, and ending 
on the date of the enactment of this Act had the authority to 
make appointments under that section not lapsed during such 
period. 
107 STAT. 1650 
PUBLIC LAW 103-160—NOV. 30, 1993 
10 use 3077 
SEC. 616. ACTIVE COMPONENT SUPPORT FOR RESERVE TRAINING. 
(a) REQUIREMENT TO ESTABLISH.—The Secretary of the Army 
shall, not later than September 30, 1995, establish one or more 
active-component units of the Army with the primary mission of 
providing training support to reserve units. Each such unit shall 
be part of the active Army force structure and shall have a com-
mander 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 Committees on Armed Services 
of the Senate and House of Representatives 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 nec-
essary for the implementation of the plan. 
10 use 3077 
SEC. 616. TEST PROGRAM FOR RESERVE COMBAT MANEUVER UNIT 
note. 
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 company levels. 
(b) PURPOSE OF TEST PROGRAM.—The purpose of the test pro-
gram shall be to evaluate whether the roundout and roundup con-
^ 
cepts 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 reserve compo-
nents; and 
(4) provide a more efficient means for future expansion 
of the Army in a period of emergency or increasing international 
threats to the vital interests of the United States. 
(c) REPORT ON PLAN.—^The Secretary of the Army shall submit 
to Congress not later than March 31, 1994, a report that includes 
the plan for the test program required under subsection (a). 
(d) DEFINITIONS.—For purposes of this section, the terms 
"roundout" and "roimdup" refer to two approaches for integrating 
Army National Guard and Army Reserve combat units into active 
Army corps, divisions, brigades, and battalions after mobilization. 
The roimdout approach is the method of bringing an incomplete 
active unit up to full strength by assigning one or more reserve 
component units to it. The roundup approach is the use of reserve 
component units to augment or expand active units that are already 
at full strength. 
SEC. 617. REVISIONS TO PILOT PROGRAM FOR ACTIVE COMPONENT 
SUPPORT OF THE RESERVES. 
(a) ACTIVE COMPONENT ADVISERS.—(1) Subsection (c) of section 
414 of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (Public Law 102-190; 10 U.S.C. 261 note) is amended 
to read as follows: 
"(c) PERSONNEL TO B E ASSIGNED.—^The Secretary shall assign 
not less than 2,000 active component personnel to serve as advisers 
imder the program. After September 30, 1994, the number under 
the preceding sentence shall be increased to not less than 5,000.". 
(2) Subsection (d) of such section is amended by striking out 
the period at the end of the second sentence and inserting in 
Ueu thereof ", together with a proposal for any statutory changes 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1651 
that the Secretary considers necessary to implement the program 
on a permanent basis.". 
Ob) ANNUAL REPORT ON IMPLEMENTATION.—(1) The Secretary lo use 26i note. 
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 Reserves imder section 414 of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 10 U.S.C. 261 note), as amended by subsection 
(a). 
(2) Each such presentation shall include, with respect to the 
period covered by the report, the following information: 
(A) The promotion rate for officers considered for promotion 
from within the promotion zone who are serving as active 
component advisers to imits of the Selected Reserve of the 
Ready Reserve (in accordance with that program) compared 
with the promotion rate for other officers considered for pro-
motion from within the promotion zone in the same pay grade 
and the same competitive category, shown for all officers of 
the Army. 
(B) The promotion rate for ofiffcers considered for promotion 
from below the promotion zone who are serving as active compo-
nent advisers to units of the Selected Reserve of the Ready 
Reserve (in accordance with that program) compared in the 
same manner as speciffed in subparagraph (A). 
SEC. 518. EDUCATIONAL ASSISTANCE FOR GRADUATE PROGRAMS 
FOR MEMBERS OF THE SELECTED RESERVE. 
Section 2131 of title 10, United States Code, is amended— 
(1) in subsection (cXD, by striking out "other than" and 
all that follows through "level." and inserting in lieu thereof 
a period; and 
(2) by adding at the end the following new subsection: 
"(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 appropriations.". 
SEC. 619. FREQUENCY OF PHYSICAL EXAMINATIONS OF MEMBERS OF 
THE READY RESERVE. 
Section 1004(aXl) of title 10, United States Code, is amended 
by striking out "fovir years" and inserting in lieu thereof "five 
years". 
SEC. S20. REVISION OF CERTAIN DEADLINES UNDER ARMY NATIONAL 
GUARD COMBAT READINESS REFORM ACT. 
(a) DELAY IN MINIMUM PERCENTAGE OF PRIOR ACTIVE-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 "fiscal years 1994 through 1997". 
(2) Subsection (d) of such section is amended by striking out 
"March 15, 1993" and "April 1, 1993" and inserting in lieu thereof 
"December 15,1993" and January 15,1994", respectively. 
(b) REPORT O
N DENTAL READINESS OF MEMBERS OF EARLY 
DEPLOYING UNITS.—Section 1118(b) of such Act (106 Stat. 2539) lo use 3077 
is amended by striking out "February 15, 1993" and inserting "
°
*
® 
in lieu thereof December 1,1993". 
107 STAT. 1652 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 
621. 
ANNUAL 
REPORT 
ON 
IMPLEMENTATION 
OF 
ARMY 
NATIONAL 
GUARD 
COMBAT 
READINESS 
REFORM ACT. 
(a) IN GENERAL.—Chapter 307 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§3082. Army National Guard combat readiness reform: 
annual 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 presentation concerning the 
Army National Guard, including particularly information relating 
to the implementation of the Army National Guard Combat Readi-
ness Reform Act of 1992 (title XI of Public Law 102-484; 106 
Stat. 2536) (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 information concerning the Army 
National Guard: 
"(1) The number and percentage of ofQcers with at least 
two years of active-duty before becoming a member of the 
Army National Guard. 
"(2) The nimiber and percentage of enlisted personnel with 
at least two years of active-duty before becoming a member 
of the Army National Guard. 
"(3) The number of officers who are graduates of one of 
the service academies and were released from active duty before 
the completion of their active-duty service obligation and, of 
those officers— 
"(A) the nvimber who are serving the remaining period 
of their active-duty service obligation as a member of the 
Selected 
Reserve 
pursuant 
to 
section 
1112(a)(1) of 
ANGCRRA; and 
"(B) the number for whom waivers were granted by 
the Secretary under section 1112(a)(2) of ANGCRRA, 
together with the reason for each waiver. 
"(4) The number of officers who were commissioned as 
distinguished Reserve Officers' Training Corps graduates and 
were released from active duty before the completion of their 
active-duty service obligation and, of those officers— 
"(A) the number who are serving the remaining period 
of their active-duty service obligation as a member of the 
Selected 
Reserve 
pursuant 
to 
section 
1112(a)(1) of 
ANGCRRA; and 
"(B) the number for whom waivers were granted by 
the Secretory under section 1112(a)(2) of ANGCRRA, 
together with the reason for each waiver. 
"(5) The number of officers who are graduates of the 
Reserve Officers' Training Corps program and who are perform-
ing their minimum period of obligated service in accordance 
with section 1112(b) of ANGCRRA by a combination of (A) 
two years of active duty, and (B) such additional period of 
service as is necessary to complete the remainder of such obliga-
tion served in the National Guard and, of those officers, the 
number for whom permission to perform their minimum period 
of obligated service in accordance with that section was granted 
during the preceding fiscal year. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1653 
"(6) The number of officers for whom recommendations 
were made during the preceding fiscal year for a imit vacancy 
promotion to a grade above first lieutenant and, of those rec-
ommendations, the number and percentage that were concurred 
in by ah active-duty officer imder section 1113(a) of ANGrCRRA, 
shown separately for each of the three categories of officers 
set forth in section 1113(b) of ANGCRRA. 
"(7) The nimiber of waivers during the preceding fiscal 
year under section 1114(a) of ANGCRRA of any standard pre-
scribed 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 accoimting category established 
under section 1115 of ANGCRRA for members of the Army 
National Guard who have not completed the minimum training 
required for deployment or who are otherwise not available 
for deployment. 
"(9) The number of members of the Army National Guard, 
shown for each State, that were discharged during the previous 
fiscal year pursueint to section 1115(c)(1) of ANGCRRA for 
not completing the minimum training required for deployment 
within 24 months aftcir entering the National Guard. 
**(10) The niunbesr of waivers, shown for each State, that 
were granted by the Secretary during the previous fiscal year 
under section 1115(cX2) of ANGCRRA of the requirement in 
section 1115(cXl) of ANGCRRA described in paragraph (9), 
together with the reason for each waiver. 
"(11) The nimiber of members, shown for each State, who 
were screened during the preceding fiscal year to determine 
whether they meet minimum physical profile 
standards 
reqmred for deployment and, of those members— 
''(A) the number and percentage who did not meet 
minimum physical profile standards required for deploy-
ment; and 
"(B) the mmiber 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 percentage of the 
total membership, of the Army National C^uard, shown for 
each State, who underwent a medical screening during the 
previous fiscal year as provided in section 1117 of ANGrCRRA 
"(13) The number of members, and the percentage of the 
total membership, of the Army National Guard, shown for 
each State, who underwent a dental screening during the pre-
vious fiscal year as provided in section 1117 of ANGCRRA 
"(14) The number of members, and the percentage 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 numb(;r of units of the Army National Guard 
that are scheduled for early deployment in the event of a 
mobilization and, of those imits, the nimiber that are dentally 
ready for deployment in accordance with section 1118 of 
ANGCRRA 
107 STAT. 1654 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(16) The estimated post-mobilization training time for each 
Army National Guard combat unit, and a description, displayed 
in broad categories and bv State, of what training would need 
to be accomplished for Army National Guard combat units 
in a post-mobilization period for purposes of section 1119 of 
ANGCRRA 
"(17) A description of the measures taken during the 
preceding fiscal year to comply with the requirement in section 
1120 of ANCJTCRRA to expand the use of simulations, simulators, 
and advanced training devices and technologies for members 
and units of the Army National Guard. 
"(18) Summary tables of imit readiness, shown for each 
State, and drawn from the unit readiness rating system as 
required by section 1121 of ANCJCRRA, 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 deficiencies 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 National Guard by inspectors 
general or other commissioned officers of the Regular Armv 
imder the provisions of section 105 of title 32, together with 
explanations of the information shown in the tables, and includ-
ing display of— 
"(A) the nimiber of such inspections; 
"(B) identification of the entity conducting each inspec-
\ 
tion; 
"(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 imit 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 that Army 
National Guard unit in accordance with section 1131(a) of 
ANCJTCRRA, shown by State and to be accompanied, for each 
such National Guard unit, by— 
"(A) the assessment of the commander of that associ-
ated active-duty unit of the manpower, equipment, and 
training resource requirements of that National Guard unit 
in accordance with section 1131(bX3) 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 accord-
ance with section 1131(bX4) of ANGCRRA 
"(21) A specification of the active-duty personnel assigned 
to units of the Selected Reserve pursuant to section 414(c) 
of the National Defense Authorization 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 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1655 
assigned, and (C) by unit or other organizational entity of 
assignment. 
"(c) mPLEMENTATiON.—^The requirement to include in a presen-
tation required by subsection (a) information under any paragraph 
of subsection (b) shall take effect with respect to the year following 
the year in which the provision of ANGCRRA to which that para-
graph pertains has t£iken effect. Before then, in the case of any 
such paragraph, the Secretary shall include any information that 
may be available concerning the topic covered by that paragraph. 
**(d) DEFINITION.—In this section, the term 'State' includes the 
District of Columbia, Puerto Rico, Guam, and the Virgin Islands.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"3082. Army National Guard combat readiness reform: annual report.". 
SEC. 522. FFRDC STUDY OF STATE AND FEDERAL MISSIONS OF THE 32 USC 104 note. 
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 develop-
ment 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 fiscal year 1999 will be 
adequate for the National Guard to fulfill both its State and 
Federal missions. 
(2) Whether the system of assigning Federal missions to 
State Guard units could be alteredf to optimize the Federal 
as well as the State capabilities of the National Guard. 
(3) Whether alternative arrangements, such as cooperative 
development of National Guard capabilities among the States 
grouped as regions, are advisable and feasible. 
(4) Whether alternative Federal-State cost-sharing arrange-
ments 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 requirements related 
to those missions as the Secretary may specify or the center 
carrying out the study may determine necessary. 
(c) FFRDC REPORTS.—(1) The Secretary shall require the center 
carrying out the study to submit an interim report not later than 
May 1, 1994, and a final report not later tnan November 15, 
1994. Each report shall include the findings, conclusions, and rec-
ommendations of the center concerning each of the matters referred 
to in subsection (b). 
(2) The Secretary shall submit each such report to the Commit-
tees 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. 
107 STAT. 1656 
PUBLIC LAW 103-160—NOV. 30, 1993 
(d) EVALUATION AND REPORT OF FINAL F F R D C REPORT.—(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 evaluation under paragraph 
(1). The report shall be accompanied 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 purposes of the study 
and that the center otherwise receives full cooperation from all 
ofilcials and entities of the Department of Defense, including the 
National Guard, in canying out the study. 
SEC. 523. CONSISTENCY OF TREATMENT OF 
NATIONAL GUARD 
TECHNICIANS AND OTHER MEMBERS OF THE NATIONAL 
GUARD. 
(a) FEDERAL RECOGNITION QUALIFICATIONS FOR TECHNICIANS.— 
Section 709 of title 32, United States Code, is amended by adding 
at the end the following new subsection: 
"(i) The Secretary concerned may not prescribe for purposes 
of eligibility for Federal recognition under section 301 of this title 
a qualification applicable to technicians employed under subsection 
(a) that is not applicable pursuant to that section to the other 
members of the National Guard in the same grade, branch, position, 
and type of imit or organization involved.". 
(b) MILITARY EDUCATION.—^The following provisions of law are 
repealed: 
(1) Section 523 of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1974; 32 
U.S.C. 709 note). 
(2) Section 506 of the National Defense Authorization Act 
for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 
Stat. 1438; 32 U.S.C. 709 note). 
32 use 709 note. 
(c) SAVINGS PROVISION.—A civiHan technician of the Army 
National Guard serving in an active status on the date of the 
enactment of this Act who under the provisions of law repealed 
by subsection (b) (or under other Department of the Army policy 
in efiect on the day before such date of enactment) was granted 
credit on the technician's military record for the completion of 
certain education and training courses shall retain such credit, 
notwithstanding the provisions of subsections (a) and (b), for a 
period determined by the Secretary of the Army. Such a period 
may not terminate, in the case of any such civilian technician, 
before the effective date of such civilian technician's next mililitary 
promotion. 
SEC. 524. NATIONAL GUARD MANAGEMENT INITIATIVES. 
(a) 
CLARIFICATION 
REGARDING 
FEMALE 
MEMBERS 
OF THE 
NATIONAL GUARD AS MEMBERS OF THE MILITIA.—Section 311(a) 
of title 10, United States Code, is amended by striking out "commis-
sioned officers" and inserting in lieu thereof "members". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1657 
(b) INCREASED PERIOD FOR COMPLETION OF UNIT TRAINING.— 
Section 502(b) of title 32, United States Code, is amended by strik-
ing out "30 consecutive days" in the second sentence and inserting 
in lieu thereof "90 consecutive days". 
(c) EXCEPTIONS TO 30-DAY NOTICE FOR TERMINATION OF 
EMPLOYMENT OF TECHNICIANS.—Section 709(eX6) of title 32, United 
States Code, is amended by inserting after "termination of employ-
ment as a technician and" the following: ", unless the technician 
is serving under a temtporary appointment, is serving in a trial 
or probationary period, or has voluntarily ceased to be a member 
of the National Guard when such membership is a condition of 
emplojnnent,". 
(d) REPEAL OF LIMIT ON NUMBER OF TECHNICIANS EMPLOYED 
CONCURRENTLY.—Section 709(h) of title 32, United States Code, 
is repealed. 
(e) PERSONNEL AUTHORIZED TO MAKE UNSERVICEABILITY FIND-
INGS.—Section 710(f) of title 32, United States Code, is amended— 
(1) by inserting "(1)" after "(f)"; 
(2) by striking out "subsections (b)-(d)" and inserting in 
lieu thereof "subsections (b), (c), and (d)"; 
(3) by striking out "of the Regular Army or the Regular 
Air Force, as the case may be,"; and 
(4) by adding at the end the following: 
"(2) In designating an officer to conduct inspections and make 
findings for purposes of paragraph (1), the Secretary concerned 
shall designate— 
"(A) in the case of the Army National Guard, a commis-
sioned officer of the Regular Array or a commissioned officer 
of the Army National Guard who is also a commissioned officer 
of the Army National Guard of the United States; and 
"(B) in the case of the Air National Guard, a commissioned 
officer of the Regular Air Force or a commissioned officer of 
the Air National Guard who is also a commissioned officer 
of the Air National Guard of the United States.". 
Subtitle C—Service Academies 
SEC. 531. CONGRESSIONAL NOMINATIONS. 
Sections 4342(a), 6954(a), and 9342(a) of title 10, United States 
Code, are each amended— 
(1) in the sentence following paragraph (9), by striking 
out "a principal candidate and nine alternates" and inserting 
in lieu thereof "10 persons"; and 
(2) by inserting eifter such sentence the following: "Nomi-
nees may be submitted without ranking or with a principal 
candidate and 9 ranked or imranked alternates. Qualified nomi-
nees not selected for appointment under this subsection shall 
be considered qualified alternates for the purposes of selection 
under other provisions of this chapter.". 
SEC. 632. TECHNICAL AMENDMENT RELATED TO CHANGE IN NATURE 
OF COMMISSION OF SERVICE ACADEMY GRADUATES. 
Section 702(a) of title 10, United States Code, is amended 
by striking out "regular" in the first sentence. 
69-194 O - 94 - 23 : QL. 3 Part 2 
107 STAT. 1658 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 533. MANAGEMENT OF CIVILIAN FACULTY AT MILITARY AND AIR 
FORCE ACADEMIES. 
(a) RECODIFICATION OF MILITARY ACADEMY AUTHORITY.—(1) 
Chapter 403 of title 10, United States Code, is amended by inserting 
after section 4337 the following new section: 
^§ 4338. Civilian faculty: number; compensation 
**(a) The Secretary of the Army may employ as many civilians 
as professors, instructors, and lecturers at the Academy as the 
Secretary considers necessary. 
"(b) The compensation of persons employed under this section 
is as prescribed by the Secretary.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 4337 
the following new item: 
"4338. Civilian faculty: number; compensation.". 
(3) Section 4331 of such title is amended by striking out sub-
section (c). 
(b) RECODIFICATION OF AlR FORCE ACADEMY AUTHORITY.—(1) 
Chapter 903 of title 10, United States Code, is amended by inserting 
after section 9337 the following new section: 
*
*
§ 9338. Civilian faculty: number; compensation 
**(a) The Secretary of the Air Force may employ as many 
civilians as professors, instructors, and lecturers at the Academy 
as the Secretary considers necessary. 
''(b) The compensation of persons employed under this section 
is as prescribed by the Secretary.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 9337 
the following new item: 
"9338. Civilian faculty: number; compensation.". 
(3) Section 9331 of such title is amended by striking out sub-
section (c). 
(c) CONFORMING AMENDMENT.—Section 5102(cX10) of title 5, 
United States Code, is amended by striking out "at the Naval 
Academy whose pay is fixed under section 6952 of title 10" and 
inserting in lieu thereof "at the Military Academy, the Naval Acad-
emy, and the Air Force Academy whose pay is fixed under sections 
4338, 6952, and 9338, respectively, of title 10". 
SEC. 534. EVALUATION 
OF REQUIREMENT 
THAT OFFICERS 
AND 
CIVILIAN FACULTY MEMBERS REPORT VIOLATIONS OF 
NAVAL ACADEMY REGULATIONS. 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall sub-
mit to the Committees on Armed Services of the Senate and House 
of Representatives a report evaluating the administration of section 
6965 of title 10, United States Code. The report shall include 
any recommendations of the Secretary as to amendments or repeal 
of that section or whether the provisions of that section should 
be applied to the United States Military Academy and the United 
States Air Force Academy. 
(b) SUBMISSION OF REPORT.—The report shall be submitted 
not later than 90 days after the date of the enactment of this 
Act. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1659 
SEC. 
5
3
5
. 
PROHmrnON OF TRANSFER OF NAVAL ACADEMY PRE-
PARATORY 
SCHOOL. 
During fiscal year 1994, the Secretary of the Navy may not 
transfer the Naval Academy Preparatory School from Newport, 
Rhode Island, to Annapolis, Maryland, or expend any funds for 
any work (including preparation of an architectural engineering 
study, design work, or construction or modification of any structure) 
in preparation for such a transfer. 
SEC. 536. TEST PROGRAM TO EVALUATE USE OF PRIVATE PRE- 10 USC 4331 
PARATORY 
SCHOOLS 
FOR 
SERVICE 
ACADEMY 
PRE- note. 
PARATORY SCHOOL MISSION. 
(a) TEST PROGRAM.—^The Secretary of Defense shall conduct 
a test program to determine the efficiency and cost effectiveness 
of using schools in the private sector as an alternative to the 
existing schools used for the mission of operating a military pre-
paratory school program for one or more of the service academies. 
The Secretary shall c a r ^ out the test program through the Under 
Secretaiyof Defense for Personnel and Readiness. 
(b) PRIORITY.—^The test program shall be carried out so as Minorities. 
to give priority to the goal of enhancing opportunities for minorities, Women. 
women, and prior enlisted personnel to attend service academies. 
(c) EXCLUSION FROM ACADEMY STRENGTH LIMITATIONS.—Any 
individual who is admitted to one of the three service academies 
following completion of a program of instruction at a private sector 
preparatory school imder the test program shall be excluded from 
the computation of the size of the corps of cadets or brigade of 
midshipmen, as the case may be, for purposes of strength ceilings 
imposed by law. 
Subtitle D—^Women in the Service 
SEC. 641. REPEAL OF THE STATUTORY RESTRICTION ON THE ASSIGN-
MENT 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 begin-
ning of chapter 555 of such title is amended by striking out the 
item relating to section 6015. 
SEC. 542. NOTICE TO CONGRESS OF PROPOSED CHANGES IN COMBAT 10 USC 113 note. 
ASSIGNMENTS TO WHICH FEMALE MEMBERS MAY BE 
ASSIGNED. 
(a) IN GENERAL.—(1) Except in a case covered by subsection 
(b), whenever the Secretary of Defense proposes to change military 
personnel policies in order to make available to female members 
of the Armed Forces assignment to any type of combat unit, class 
of combat vessel, or tvpe of combat platform that is not open 
to such assignments, the Secretary shall, not less than 30 days 
before such change is implemented, transmit to the Committees 
on Armed Services of the Senate and House of Representatives 
notice of the proposed change in personnel policy. 
(2) If beiore the date of the enactment of this Act the Secretory 
made any change to military personnel policies in order to make 
available to female members of the Armed Forces assignment to 
any type of combat unit, class of combat vessel, or type of combat 
platform that was not previously open to such assignments, the 
107 STAT. 1660 
PUBLIC LAW 103-160—NOV. 30, 1993 
Secretary shall, not later than 30 days after the date of the enact-
ment of this Act, transmit to the Committees on Armed Services 
of the Senate and House of Representatives notice of that change 
in personnel policv. 
(b) SPECIAL RULE FOR GROUND COMBAT EXCLUSION POLICY.— 
Reports. 
(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 cnange 
is implemented, 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 luiit 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. 
(3) The Secretary shall include in any report under paragraph 
( 1 ) -
(A) a detailed description of, and iustiflcation for, the pro-
posed change to the groimd combat exclusion policy; and 
(B) 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. 
(4) For purposes of this subsection, the term "ground combat 
exclusion polic/' means the military personnel policies of the 
Department 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. 
10 use 113 note. SEC. 643. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STAND-
ARDS. 
(a) GENDER NEUTRALmr REQUIREMENT.—In the case of any 
military occupational career field that is open to both male and 
female members of the .^rmed 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 performance standards, without differen-
tial standards or evaluation on the basis of gender; 
(2) may not use any gender quota, goal, or ceiling 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) REQUIREMENTS RELATING TO USE OF SPECIFIC PHYSICAL 
REQUIREMENTS.—(1) For any military occupational specialty for 
which the Secretary of Defense determines that specific physical 
requirements for muscular strength and endurance and cardio-
vascular capacity are essential to the performance of duties, the 
Secretary snail prescribe specific physical requirements for mem-
bers in that specialty and shall ensure (in the case of an occupa-
tional specialty that is open to both male and female members 
of the Armed Forces) that those requirements are applied on a 
gender-neutral basis. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1661 
(2) Whenever the Secretary estabUshes or revises a physical 
reqviirement for an occupational specialty, a member serving in 
that occupational specialty when the new requirement becomes 
efifective, who is otherwise considered to be a satisfactory performer, 
shall be provided a reasonable period, as determined under regula-
tions prescribed by the Secreta^, to meet the standard established 
by the new requirement. During that period, the new physical 
requirement may not be used to disqualify the member from contin-
ued service in that specialty. 
(c) NOTICE TO CONGRESS OF CHANGES.—Whenever the Sec- Reports. 
retarv of Defense proposes to implement changes to the occupational 
standards for a military occupational field that are expected 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 rationale for the change. Such changes 
may then be implemented only after the end of the 60-day period 
beginning on the date on which such report is submitted. 
Subtitle E—Victims' Rights and Family 
Advocacy 
SEC. 651. RESPONSmiUTIES OF MILITARY LAW ENFORCEMENT OFFI-
CIALS AT SCENES OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—(1) Section 53 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 1058. Responsibilities of military law enforcement officials Regulations. 
at scenes of domestic violence 
"(a) IMMEDIATE ACTIONS REQUIRED.—Under regulations pre-
scribed pursuant to subsection (c), the Secretory concerned shall 
ensure, in any case of domestic violence in which a militorjr law 
enforcement official at the scene determines that physical injury 
has been inflicted or a deadly weapon or dangerous instrument 
has been used, that militory law enforcement officials— 
"(1) take*immediate measures to reduce the potential for 
further violence at the scene; and 
"(2) within 24 hours of the incident, provide a report of 
the domestic violence to the appropriate commander and to 
a local militory fiamily advocacy representotive exercising 
responsibility over the area in which the incident took place. 
"(b) FAMILY ADVOCACY COMMITTEE.—Under regulations pre-
scribed pursuant to subsection (c), the Secretory concerned shall 
ensure tnat, whenever a report is provided to a commander under 
subsection (a)(2), a multidisciplinary family advocacy committee 
meets, with all due practicable speed, to review the situation and 
to make recommendations to the commander for appropriate action. 
"(c) REGULATIONS.—The Secretory of Defense, and the Secreteiy 
of Transportotion with respect to the Coast Guard when it is 
not operating as a service in the Naw, shall prescribe by regulation 
the definition of 'domestic violence for purposes of this section 
and such other regulations as may be necessary for purposes of 
this section. 
"(d) MILITARY LAW ENFORCEMENT OFFICLU..—In this section, 
the term 'militory law enforcement official' means a person author-
107 STAT. 1662 
PUBLIC LAW 103-160—NOV. 30, 1993 
ized under regulations governing the armed forces to apprehend 
persons subject to this chapter or to trial thereunder.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1058. Responsibilities of military law enforcement officials at scenes of domestic 
violence.". 
1
0 use 1058 
(b) DEADLINE FOR PRESCRTOING PROCEDURES.—The Secretary 
"o*«- 
of Defense shall prescribe procedures to carry out section 1058 
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. 
10 use 951 note. SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF VICTIMS 
AND WITNESSES OF STATUS OF PRISONERS IN MILITARY 
CORRECTIONAL FACIUTIES. 
(a) IN GENERAL.—^The Secretary of Defense shall prescribe 
procedures and implement a centralized system for notice of the 
status of ofiTenders confined in military correctional facilities to 
be provided to victims and witnesses. Such procedures shall, to 
the maximum extent practicable, be consistent with procedures 
of the Federal Bureau of Prisons for victim and witness notification. 
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—The Secretary 
of Defense— 
(1) shall prescribe the procedures required by subsection 
(a) not later than six months after the date of the enactment 
ofthis Act; and 
(2) shall implement the centralized system required by 
that section not later than six months after those procedures 
are prescribed. 
(c) NOTIFICATION AND REPORTING REQUIREMENT.—(1) Upon 
implementation of the centralized system of notice under subsection 
(a), the Secretary shall notify Congress of such implementation. 
(2) After such svstem has been in operation for one year, 
the Secretary shall submit to Congress a report detailing the lessons 
learned during the first year of operation. 
(d) TERMINATION OF REQUIREMENT.—^The requirement to estab-
lish procedures and implement a centralized system of notice under 
subsection (a) shall expire 90 days after the receipt of the report 
required by subsection (c)(2). 
SEC. 
5
6
3
. 
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 Services of the Senate and 
House of Representatives a report on the problem of stalking by 
persons subject to the Uniform Code of Militery 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 
pimitive articles under the Uniform Code of Military Justice ade-
quately protect members of the Armed Forces, and dependents 
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 Secretory determines 
to be necessary. 
(b) STALKING.—For purposes of the report under subsection 
(a), stalking shall be considered to include actions of a person 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1663 
in repeatedly following or harassing another person in a manner 
to induce in a reasonable person a fear of sexual battery, bodily 
injury, or death of that person or a member of that person's imme-
diate family. 
SEC. 
664. 
TRANSITIONAL 
COMPENSATION 
FOR 
DEPENDENTS 
OF 
MEM-
BERS 
OF 
THE 
ARMED 
FORCES 
SEPARATED 
FOR DEPEND-
ENT 
ABUSE. 
(a) IN GENERAL.—(1) Chapter 53 of title 10, United States 
Code, is amended by adding at the end the following new section: 
'^ilOSS. Dependents of members separated for dependent 
abuse: transitional compensation 
"(a) AUTHORITY TO PAY COMPENSATION.—The Secretary of 
Defense, with respect to the armed forces (other than the Coast 
Guard when it is not operating as a service in the Navy), and 
the Secretary of Transportation, with respect to the Coast Guard 
when it is not operating as a service in the Navy, may each 
establish a program to pay monthly transitional compensation in 
accordance with this section to dependents or former dependents 
of a member of the armed forces described in subsection (b). 
"(b) PUNITIVE AND OTHER ADVERSE ACTIONS COVERED.—This 
section applies in the case of a member of the armed forces on 
active duty for a period of more than 30 days— 
"(1) who is convicted of a dependent-abuse offense (as 
defined in subsection (c)) and whose conviction results in the 
member— 
"(A) being separated from active duty pursuant to a 
sentence of a court-martial; or 
"(B) forfeiting all pay and allowances pursuant to a 
sentence of a court-martial; or 
"(2) who is administratively separated from active duty 
in accordance with applicable regulations if the basis for the 
separation includes a dependent-abuse offense. 
"(c) DEPENDENT-ABUSE OFFENSES.—For purposes of this sec-
tion, 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— 
"(1) that involves abuse of the spouse or a dependent child 
of the member; and 
"(2) that is a criminal offense specified in regulations pre-
scribed by the Secretary of Defense under subsection (j). 
"(d) RECIPIENTS OF PAYMENTS.—^In any case of a separation 
from active duty as described in subsection (b), the Secretary shall 
pay such compensation to dependents or former dependents of the 
former member as follows: 
"(1) If the former member was married at the time of 
the commission of the dependent-abuse 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 compensation under this 
section and if there is a dependent 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 
107 STAT. 1664 
PUBLIC LAW 103-160—NOV. 30, 1993 
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 imder 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 chila snail be determined as of the 
date on which the member is convicted of the dependent-abuse 
offense or, in a case described in subsection (b)(2), as of the 
date on which the member is separated from active duty. 
**(e) COMMENCEMENT AND DURATION OF PAYMENT.—(1) Payment 
of transitional compensation under this section shall commence 
as of the date of the discontinuance of the member's pay and 
allowances pursuant to the separation or sentencing of the member 
and, except as provided in paragraph (2), shall be paid for a period 
of 36 months. 
''(2) If as of the date on which payment of transitional com-
pensation commences the unserved portion of the member's period 
of obligated active duty service is less than 36 months, the period 
for which transitional compensation is paid shall be equal to the 
greater of— 
"(A) the imserved portion of the member's period of obli-
gated active duty service; or 
"(B) 12 months. 
"(f) AMOUNT OF PAYMENT.—(1) Pajmient to a spouse or former 
spouse under this section for any month shall be at the rate in 
effect for that month for the pajmient of dependency and indemnity 
compensation under section 1311(a)(1) of title 38. 
"(2) If a spouse or former spouse to whom compensation is 
paid under this section has custody of a dependent child or children 
of the member, the amount of such compensation 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 (dX2) or (dX3), such compensation 
shall be paid in equal shares, with the amoimt of such compensation 
for any month determined in accordance with the rates in effect 
for that month imder section 1313 of title 38. 
"(g) SPOUSE AND FORMER SPOUSE FORFEITURE PROVISIONS.— 
(1) If a former spouse receiving compensation under this section 
remarries, the Secretory 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. 
"(2) If after a punitive or other adverse action is executed 
in the case of a former member as described in subsection (b) 
the former member resides in the same household as the spouse 
or former spouse, or dependent child, to whom compensation is 
otherwise payable under this section, the Secretary shall terminate 
payment of such compensation, effective as of the time the 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 house-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1665 
hold before the end of the period of eligibility for such payments, 
the Secretary may not resume such pa3nnents. 
"(3) In a case in which the victim of the dependent-abuse 
offense resulting in a punitive or other adverse action described 
in subsection (b) 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 regulations prescribed under 
subsection (j)) that the spouse or former spouse was an active 
participant in the conduct constituting the dependent-abuse offense. 
"(h) EFFECT OF CONTINUATION OF MILITARY PAY.—In the case 
of pajrment of transitional compensation by reason of a total forfeit-
ure of pay and allowances pursuant to a sentence of a court-
martial, pajnnent of transitional compensation shall not be made 
for any period for which an order— 
"(1) suspends, in whole or in part, that part of a sentence 
that includes forfeiture of the member's pay and allowance; 
or 
"(2) otherwise results in continuation, in whole or in part, 
of the member's pay and allowances. 
"(i) COORDINATION OF BENEFITS.—The Secretary concerned may 
not make payments to a spouse or former spouse under both this 
section and section 1408(h)(1) of this title. In the case of a spouse 
or former spouse for whom a court order provides for pa3mients 
by the Secretary piirsuant to section 1408(h)(1) of this title and 
to whom the Secretary offers payments under this section, the 
spouse or former spouse shall elect which to receive. 
"(j) REGULATIONS.—(1) The Secretary of Defense shall prescribe 
regulations to carry out this section with respect to the armed 
forces (other than the Coast Guard when it is not operating as 
a service in the Navy). The Secretary of Transportation shall pre-
scribe regulations to carry out this section with respect to the 
Coast Guard when it is not operating as a service in the Navy. 
"(2) Regulations prescribed under paragraph (1) shall include 
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 tne States and other jurisdictions of 
the United States, and the laws of other nations that are to be 
considered to be dependent-abuse offenses for the purposes of this 
section. 
"(k) DEPENDENT CHILD DEFINED.—In this section, the term 
'dependent child', with respect to a member or former member 
of the armed forces referred to in subsection (b), means an 
immarried 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 incapable 
of self-support because of a mental or physical incapacity that 
existed before the age of 18 and who is (or, at the time a 
punitive or other adverse action was executed in the case 
of the former member as described in subsection (b), was) 
dependent on the former member for over one-half of the child's 
support; or 
"(3) who is 18 years of age or older but less than 23 
years of age, is enrolled in a full-time course of study in an 
institution of higher learning approved by the Secretary of 
107 STAT. 1666 
PUBLIC LAW 103-160—NOV. 30, 1993 
Defense and who is (or, at the time a punitive or other adverse 
action was executed in the case of the former member as 
described in subsection (b), was) dependent on the former mem-
ber for over one-half of the child's support.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1056 
the following new item: 
\ 
"1058. Dependents of members separated for dependent abuse: transitional com-
pensation.". 
10 use 1058 \ 
(b) EFFECTIVE DATE.—<1) Section 1058 of title 10, United States 
"°^- 
Code, as added by subsection (a), shall apply with respect to a 
member of the Armed Forces who, on or sifter the date of the 
enactment of this Act— 
(A)\is separated from active duty as described in subsection 
(b) of such section; or 
(B) forfeits all pay and allowances as described in such 
subsection. 
(2) Notwithstanding paragraph (1), no payment may be made 
under such section 1058 with respect to any period before April 
1,1994. 
SEC. 555. CLARIFICATION OF EUGIBILITY FOR BENEFITS FOR 
DEPENDENT VICTIMS OF ABUSE BY MEMBERS OF THE 
ARMED FORCES PENDING LOSS OF RETIRED PAY. 
(a) PAYMENT REQUIRED.—Subsection (h) of section 1408 of title 
10, United States Code, is amended— 
(1) by redesignating paragraph (10) as paragraph (11); 
and 
(2) by inserting after paragraph (9) the following new para-
graph (10): 
(lOXA) For purposes of this subsection, in the case of a member 
of the armed forces who has been sentenced by a court-martial 
to receive a punishment that will terminate the elig[ibility of that 
member to receive retired pay if executed, the eligibility of that 
member to receive retired pay may, as determined by the Secretary 
concerned, be considered terminated effective upon the approval 
of that sentence by the person acting under section 860(c) of this 
title (article 60(c) of the tfniform Code of Military Justice). 
''(B) If each form of the punishment that would result in the 
termination of eligibility to receive retired pay is later remitted, 
set aside, or mitigated to a punishment that does not result in 
the termination of that eligibility, a payment of benefits to the 
eligible recipient under this subsection that is based on the punish-
ment so vacated, set aside, or mitigated shall cease. The cessation 
of payments shall be effective as of the first day of the first month 
following the month in which the Secretary concerned notifies the 
recipient of such benefits in writing that payment of the benefits 
will cease. The recipient may not be required to repay the benefits 
received before that effective date (except to the extent necessary 
to recoup any amount that was erroneous when paid).". 
(b) ADMINISTRATION FOR THE COAST GUARD.—Such Subsection 
is further amended— 
(1) in paragraph (2XA), by inserting after "Secretary of 
Defense" the following: "or, for the Coast Guard when it is 
not operating as a service in the Navy, by the Secretary of 
Transportation"; and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1667 
(2) in paragraph (8), by inserting before the period at 
the end the following: ''or, in the case of the Coast Guard, 
out of funds appropriated to the Department of Transportation 
for payment of retired pay for the Coast Guard". 
(c) EFFECTIVE DATE.—The amendments made by this section lo use 1408 
shall take effect as of October 23, 1992, and shall apply as if 
"°^ 
the provisions of the para^aph (10) of section 1408(h) of title 
10, United States Code, addea by such subsection were included 
in the amendment made by section 653(a)(2) of Public Law 102-
484 (106 Stat. 2426). 
Subtitle F—^Force Reduction Transition 
SEC. 561. EXTENSION THROUGH FISCAL YEAR 1999 OF CERTAIN 
FORCE DRAW-DOWN TRANSITION AUTHORITIES RELATING 
TO PERSONNEL MANAGEMENT AND BENEFITS. 
(a) EARLY RETIREMENT AUTHORITY FOR ACTIVE DUTY MEM-
BERS.—Section 4403(i) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2704; 10 
U.S.C. 1293 note) is amended by striking out "October 1, 1995" 
and inserting in lieu thereof "October 1,1999". 
(b) SELECTIVE EARLY RETIREMENT BOARDS.—Section 638a(a) 
of title 10, United Stat<3s Code, is amended by striking out "five-
year period" and inserting in lieu thereof "nine-year period". 
(c) REQUIRED LENGTH OF COMMISSIONED SERVICE FOR VOL-
UNTARY RETIREMENT AS AN OFFICER.—Sections 3911(b), 6323(a)(2), 
and 8911(b) of title 10, United States Code, are each amended 
by striking out "five-year period" and inserting in lieu thereof 
"nine-year period". 
(d) REDUCTION OF TIME-IN-GRADE REQUIREMENT FOR RETEN-
TION 
OF 
GRADE 
UPON 
VOLUNTARY 
RETIREMENT.—Section 
1370(aX2XA) of title 10, United States Code, is amended by striking 
out "five-year period" and inserting in lieu thereof "nine-year 
period". 
(e) RETIREMENT OF CERTAIN LIMITED DUTY OFFICERS OF THE 
NAVY.—Sections 633 and 634, and subsection (a)(5) and (i) of section 
6383, of title 10, United States Code, are each amended by striking 
out "October 1, 1995" and inserting in lieu thereof "October 1, 
1999". 
(f) GUARD AND RESERVE TRANSITION INITIATIVES.—<1) Section 
4411 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2712; 10 U.S.C. 1162 note) 
is amended by striking out "September 30, 1995" and inserting 
in lieu thereof "September 30,1999", 
(2) Section 4416 of such Act (106 Stat. 2714; 10 U.S.C. 1162 
note) is amended— 
(A) in subsection (b)— 
(i) in the matter preceding paragraph (1), by striking 
out "the period referred to in subsection (c)" and inserting 
in lieu thereof "the force reduction transition period"; 
(ii) in paragraph (1), by striking out "October 1, 1995," 
and inserting in lieu thereof "October 1,1999,"; and 
(iii) in paragraph 
(3), by striking out 
"Retired 
Reserve—" and all that follows in that paragraph and 
inserting in lieu thereof "Retired Reserve."; and 
(B) by striking out subsection (c). 
107 STAT. 1668 
PUBLIC LAW 103-160—NOV. 30, 1993 
(3) Section 4418(a) of such Act (106 Stat. 2717; 10 U.S.C. 
1162 note) is amended by inserting "during the force reduction 
transition period" before "is entitled to separation pay". 
(4) Section 1331a of title 10, United States Code, is amended— 
(A) in subsection (aX IXB), by striking out "October 1, 1995" 
and inserting in lieu thereof "October 1,1999"; 
(B) in subsection (aX2), by striking out "within one year 
after the date of the notification referred to in paragraph (1)"; 
and 
(C) in subsection (b), by striking out "October 1, 1995" 
and inserting in lieu thereof "October 1,1999". 
(g) SPECIAL SEPARATION BENEFIT.—Section 1174a(h) of title 
10, United States Code, is amended by striking out "September 
30,1995" and inserting in lieu thereof "September 30,1999". 
(h) VOLUNTARY SEPARATION INCENTIVE.—Section 1175 of title 
10, United States Code, is amended— 
(1) in subsections (dX3) and (hX6), by striking out "Septem-
ber 30, 1995" each place it appears and inserting in lieu thereof 
"September 30,1999"; and 
(2) in subsection (hX7XA), by striking out "fiscal year 1996" 
and inserting in lieu thereof "fiscal year 1999". 
(i) HEALTH, COMMISSARY, AND FAMILY HOUSING BENEFITS.— 
Sections 1145(aXl), 1145(cXl), 1146, and 1147(a) of title 10, United 
States Code, are each amended by striking out "five-year period" 
and inserting in lieu thereof "nine-year period". 
(j) GUARD AND RESERVE AFFILIATION PREFERENCE.—Section 
115(Xa) of title 10, United States Code, is amended by striking 
out "five-year period" and inserting in lieu thereof "nine-year 
period". 
(k) ASSISTANCE TO OBTAIN EMPLOYMENT AS TEACHER.—Section 
1151(cXlXA) of title 10, United States Code, is amended by striking 
out "five-year period" and inserting in lieu thereof "seven-year 
period". 
(1) TRAVEL AND TRANSPORTATION ALLOWANCES AND STORAGE 
OF BAGGAGE AND HOUSEHOLD EFFECTS FOR CERTAIN MEMBERS 
BEING 
INVOLUNTARILY SEPARATED.—(1) 
Sections 
404(cXlXC), 
404(fX2XBXv), 406(aX2XBXv), and 406(gXlXC) of title 37, United 
States Code, are each amended by striking out "five-year period" 
and inserting in lieu thereof "nine-year period". 
(2) Section 503(c) of the National Defense Authorization Act 
for Fiscal Year 1991 (PubHc Law 101-510; 37 U.S.C. 406 note) 
is amended by striking out "five-year period" and inserting in 
lieu thereof "nine-year period". 
(m) WAIVER OF SERVICE REQUIREMENT FOR CERTAIN RESERVISTS 
UNDER MONTGOMERY GI BILL.—Section 2133(bXlXB) of title 10, 
United States Code, and section 3012(bXlXBXiii) of title 38, United 
States Code, are each amended by striking out "September 30, 
1995," and inserting in lieu thereof "September 30,1999,". 
(n) CONTINUED ENROLLMENT OF DEPENDENTS IN DEFENSE 
DEPENDENTS' EDUCATION SYSTEM.—Section 1407(cXl) of the 
Defense Dependents' Education Act of 1978 (20 U.S.C. 926(cXl)) 
is amended by striking out "five-year period" and inserting in 
lieu thereof "nine-year period". 
(o) PROGRAM OF EDUCATIONAL LEAVE RELATING TO CONTINUING 
PUBLIC AND COMMUNITY SERVICE.—Section 4463(f) of the National 
Defense Authorization Act for Fiscal Year 1993 (106 Stat. 2741; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1669 
10 U.S.C. 1143a note) is amended by striking out "September 30, 
1995" and inserting in Keu thereof "September 30,1999". 
SEC. 5«2. RETENTION IN AN ACTIVE STATUS OF ENLISTED RESERVES 
WITH BETWEEN 18 AND 20 YEARS OF SERVICE. 
(a) SANCTUARY FOR RESERVE MEMBERS.—Section 1176 of title 
10, United States Code, is amended b^ striking out subsection 
(b) and inserting in lieu thereof the following: 
"(b) RESERVE MEMBERS IN ACTIVE STATUS.—A reserve enlisted 
member serving in an active status who is selected to be involuntar-
ily separated (other than for physical disability or for cause), or 
whose term of enlistment expires and who is denied reenlistment 
(other than for physical disability or for cause), and who on the 
date on which the member is to be discharged or transferred from 
an active status is entitled to be credited with at least 18 but 
less than 20 years of service computed imder section 1332 of this 
title, may not be discharged, denied reenlistment, or transferred 
from an active status without the member's consent before the 
earlier of the following: 
"(1) If as of the date on which the member is to be dis-
charged or transferred from an active status the member has 
at least 18, but less than 19, years of service computed under 
section 1332 of this title— 
"(A) the date on which the member is entitled to be 
credited with 20 years of service computed under section 
1332 ofthis title; or 
"(B) the third anniversary of the date on which the 
member would otherwise be discharged or transferred from 
an active status. 
"(2) If £is of the date on which the member is to be dis-
charged or transferred from an active status the member has 
at least 19, but less than 20, years of service computed imder 
section 1332 of this title— 
"(A) the date on which the member is entitled to be 
credited with 20 years of service computed under section 
1332 ofthis title; or 
"(B) the second anniversary of the date on which the 
member would otherwise be discharged or transferred from 
an active status.". 
(b) EFFECTIVE DATE.—Subsection (b) of section 1176 of title lo use 1
1
7
6 
10, United States Code, as added by subsection (a), shall take ^°^-
effect as of October 23,1992. 
SEC. 563. AUTHORITY TO ORDER EARLY RESERVE RETIREES TO 
ACTIVE DUTY. 
Section 688(a) of title 10, United States Code, is amended 
by striking out "who has completed at least 20 years of active 
service" and inserting in lieu thereof "who was retired under section 
1293, 3911, 3914, 6323, 8911, or 8914 ofthis title". 
SEC. 564. APPUCABILTTY TO COAST GUARD RESERVE OF CERTAIN 
RESERVE COMPONENTS TRANSITION INITIATIVES. 
(a) APPLICABILITY OF CERTAIN BENEFITS.—The Secretary of Regulations. 
Transportation shall prescribe such regulations as necessary so 1
4 use 702 note. 
as to apply to the members of the Coast Guard Reserve the provi-
sions of subtitle B of title XLIV of the Defense Conversion, Reinvest-
ment, and Transition Assistance Act of 1992 (division D of Public 
Law 102-484; 106 Stat. 2712), including the amendments made 
107 STAT. 1670 
PUBLIC LAW 103-160—NOV. 30, 1993 
by those provisions. For purposes of the application of any of such 
provisions to the Coast Guard Reserve, any reference in those 
provisions to the Secretary of Defense or Secretary of a miUtary 
department shall be treated as referring to the Secretary of 
Transportation. 
14 use 702 note. 
(b) REGULATIONS.—Regulations prescribed for the purposes of 
this section shall to the extent practicable be identical to the r e f l a -
tions prescribed by the Secretaiy 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 depart-
ment"; 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 G—Other Matters 
SEC. 571. POUCY CONCERNING HOMOSEXUAUTY 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 findings: 
"(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 establish qualifications for and 
conditions of service in the armed forces. 
"(4) The primary purpose of the armed forces is to prepare 
for £md toprevail 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 
imit 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 mili-
tary unit greater than the sum of the combat effectiveness 
of the individual unit members. 
"(8) Military life is fimdamentally different from civilian 
life in that— 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1671 
"(A) the extraordinary responsibilities of the armed 
forces, the unique conditions of military service, and the 
critical role of unit cohesion, require that the military 
community, while subject to civilian control, exist as a 
specialized society; and 
"(B) the military society is characterized by its own 
laws, rules, customs, and traditions, including niunerous 
restrictions on personal behavior, that would not be accept-
able in civilian society. 
"(9) The standards of conduct for members of the armed 
forces regulate a member's life for 24 hours each day beginning 
at the moment the member enters military status and not 
ending until that person is discharged or otherwise separated 
from the armed forces. 
"(10) Those sta.ndards of conduct, including the Uniform 
Code of Military Justice, apply to a member of the armed 
forces at all times that the member has a military status, 
whether the member is on base or off base, and whether the 
member is on duty or off duty. 
"(11) The pervasive application of the standards of conduct 
is necessary because members of the armed forces must be 
ready at all times for worldwide deployment to a combat 
environment. 
"(12) The worldwide deplo3anent of United States military 
forces, the international responsibilities of the United States, 
and the potential for involvement of the armed forces in actual 
combat routinely make it necessaiy for members of the armed 
forces involuntarily to accept living conditions and working 
conditions that are often spartan, primitive, and characterized 
by forced intimacy with little or no privacy. 
"(13) The prohibition against homosexual conduct is a long-
standing element of military law that continues to be necessary 
in the unique circumistances of military service. 
"(14) The armed forces must maintain personnel policies 
that exclude persons whose presence in the armed forces would 
create an unacceptable risk to the armed forces' high standards 
of morale, good order and discipline, and imit cohesion that 
are the essence of militaiy capability. 
"(15) The presence in the armed forces of persons who 
demonstrate a propensity or intent to engage in homosexual 
acts would create aa imacceptable risk to the high standards 
of morale, good order and discipline, and unit cohesion that 
are the essence of military capability. 
"(b) POLICY.—A member of the armed forces shall be separated Regulations. 
frt)m the armed forces under regulations prescribed by the Secretary 
of Defense if one or more of the following findings is made and 
approved in accordance with procediires set forth in such regula-
tions: 
"(1) That the member has engaged in, attempted to engage 
in, or solicited another to engage in a homosexual act or acts 
unless there are further findings, made and approved in accord-
ance with procedures set forth in such regulations, that the 
member has demonstrated that— 
"(A) such conduct is a departure from the member's 
usual and customary behavior; 
"(B) such c^onduct, imder all the circumstances, is 
unlikely to recur; 
107 STAT. 1672 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(C) such conduct was not accomplished by use of force, 
coercion, or intimidation; 
"(D) under the particular circumstances of the case, 
the membei^s continued presence in the armed forces is 
consistent with the interests of the armed forces in proper 
discipline, good order, and morale; and 
"(E) the member does not have a propensity or intent 
to engage in homosexual acts. 
"(2) TTiat the member has stated that he or she is a homo-
sexual or bisexual, or words to that efTect, unless there is 
a further finding, made and approved in accordance with proce-
dures set forth in the regulations, that the member has dem-
onstrated that he or she is not a person who engages in, 
attempts to engage in, has a propensity to engage in, or intends 
to engage in homosexual acts. 
"(3) That the member has married or attempted to marry 
a person known to be of the same biological sex. 
"(c) ENTRY STANDARDS AND DOCUMENTS.—(1) The Secretary 
of Defense shall ensure that the standards for enlistment and 
appointment of members of the armed forces reflect the policies 
set forth in subsection (b). 
"(2) The documents used to effectuate the enlistment or appoint-
ment of a person as a member of the armed forces shall set forth 
the provisions of subsection (b). 
"(d) REQUIRED BRIEFINGS.—The briefings that members of the 
armed forces receive upon entry into the armed forces and periodi-
cally thereafter under section 937 of this title (article 137 of the 
UnUbrm Code of Military Justice) shall include a detailed expla-
nation of the applicable laws and regulations governing sexual 
conduct by members of the armed forces, including the policies 
prescribed under subsection (b). 
"(e) RULE OF CONSTRUCTION.—Nothing in subsection (b) shall 
be construed to require that a member of the armed forces be 
processed for separation from the armed forces when a determina-
tion is made in accordance with regulations prescribed by the Sec-
retary of Defense that— 
"(1) the member engaged in conduct or made statements 
for the purpose of avoiding or terminating military service; 
and 
"(2) separation of the member would not be in the best 
interest of the armed forces. 
"(0 DEFINITIONS.—In this section: 
"(1) The term 'homosexual' means a person, regardless 
of sex, who engages in, attempts to engage in, has a propensity 
to engage in, or intends to engage in homosexual acts, and 
includes the terms 'ga/ and 'lesbian'. 
"(2) The term T)isexuar means a person who engages in, 
attempts to engage in, has a propensity to engage in, or intends 
to engage in homosexual and heterosexual acts. 
"(3) The term 'homosexual act* means— 
"(A) any bodily contact, actively undertaken or pas-
sively permitted, between members of the same sex for 
the purpose of satisfying sexual desires; and 
"(B) any bodily contact which a reasonable person 
would understand to demonstrate a propensity or intent 
to engage in an act described in subparagraph (A).". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1673 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following: 
"654. Policy concerning homosexuality in the armed forces.". 
(b) REGULATIONS.—Not later than 90 days after the date of lo use 654 note. 
enactment of this Act, the Secretary of Defense shall revise Depart-
ment of Defense regulations, and issue such new regulations as 
may be necessary, to implement section 654 of title 10, United 
States Code, as added by subsection (a). 
(c) SAVINGS PROVISION.—Nothing in this section or section 654 lo use 654 note. 
of title 10, United Statcis Code, as added by subsection (a), may 
be construed to invalidate any inquiry, investigation, administrative 
action or proceeding, court-martial, or judicial proceeding conducted 
before the effective date of regulations issued by the Secretary 
of Defense to implement such section 654. 
(d) SENSE OF CONGJEIESS.—It is the sense of Congress that— 
lo use 654 note. 
(1) the suspension of questioning concerning homosexuality 
as part of the processing of individuals for accession into the 
Armed Forces under the interim policy of January 29, 1993, 
should be continued, but the Secretary of Defense mav reinstate 
that questioning with such questions or such revised questions 
as he considers appropriate if the Secretary determines that 
it is necessary to do so in order to effectuate the policy set 
forth in section 654 of title 10, United States Code, as added 
by subsection (a); and 
(2) the Secretary of Defense should consider issuing guid-
ance governing the circumstances under which members of 
the Armed Forces questioned about homosexuality for adminis-
trative purposes should be afforded warnings similar to the 
warnings under section 831(b) of title 10, United States Code 
(article 31(b) of the Uniform Code of Military Justice). 
SEC. 572. 
CHANGE IN 
TIMING OF 
REQUIRED DRUG AND 
ALCOHOL 
TESTING 
AND 
EVALUATION 
OF 
APPUCANTS 
FOR 
APPOINT-
MENT 
AS 
CADET 
OR 
MIDSHIPMAN AND 
FOR 
ROTC 
GRAD-
UATES. 
Section 978(aX3) 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 "during the 
precommissioning physical examination given such person and 
inserting in lieu thereof "before such an appointment is 
executed". 
SEC. 573. REIMBURSEMENT REQUIREMENTS FOR ADVANCED EDU-
CATION ASSISTANCE. 
(a) IN GENERAL.—Section 2005 of title 10, United States Code, 
is amended by adding at the end the following new subsections: 
"(gXD 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 agree-
ment (or failed to fulfill any other term or condition prescribed 
in the agreement) and, by reason of the provision of the agreement 
required imder subsection (aX3), may owe a debt to the United 
States and in which that person disputes that such a debt is 
owed, the Secretary shall designate a member of the armed forces 
107 STAT. 1674 
PUBLIC LAW 103-160—NOV. 30, 1993 
or a civilian employee under the jurisdiction of the Secretary to 
investigate the mcts of the case and heeur evidence presented by 
the person who may owe the debt and other parties, as appropriate, 
in order to determine the validity of the debt. That omcial shall 
report the ofiiciars findings and recommendations to the Secretary 
concerned. If the justification for the debt investigated includes 
an allegation of misconduct, the investigating official shall state 
in the report the ofiicial's assessment as to whetiier the individual 
behavior that resulted in the separation of the person who may 
owe the debt qualifies as misconduct imder subsection (aX3). 
"(2) The Secretary of each military department shall ensure 
that a member of the armed forces who may be subject to a 
reimbursement requirement imder this section is advised of such 
requirement before (1) submitting a request for volimtary separa-
tion, or (2) making a decision on a course of action regarding 
personal involvement in administrative, nonjudicial, and judicial 
action resulting from alleged misconduct. 
"(h) The Secretary concerned may, at any time before October 
1, 1998, modify an agreement described in subsection (a) to reduce 
the active duty service obligation specified in the agreement if 
the Secretary determines that it is in the best interests of the 
United States to do so. In such a case, the Secretary shall reduce 
the amount required to be reimbursed to the United States propor-
tionately with the reduction in the period of obligated active duty 
service.". 
1
0 use 2005 
(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 beginning on the date of 
the enactment of this Act. 
(2) Subsection (h) of such section, as added by subsection (a), 
shall apply with respect to persons separated from the Armed 
Forces after the date of the enactment of this Act. 
SEC. 674. RECOGNITION BY STATES OF MILITARY POWERS OF ATTOR-
NEY. 
(a) IN GENERAL.—Chapter 53 of title 10, United States Code, 
is amended by inserting after section 1044a the following new 
section: 
*
*
§ 1044b. Military powers of attorney: requirement for rec-
ognition by States 
"(a) 
INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT 
REGARD TO STATE LAW.—^A military power of attorney— 
"(1) is exempt from any requirement of form, substance, 
formality, or recording that is provided for powers of attorney 
under the laws of a State; and 
"(2) shall be given the same legal effect as a power of 
attorney prepared and executed in accordance with the laws 
of the State concerned. 
"(b) MILITARY POWER OF ATTORNEY.—^For purposes of this sec-
tion, a military power of attorney is any general or special power 
of attorney that is notarized in accordance with section 1044a 
of this title or other applicable State or Federal law. 
Regulations. 
"(c) STATEMENT To BE INCLUDED.—(1) Under regulations pre-
scribed by the Secretary concerned, each military power of attorney 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1675 
shall contain a statement that sets forth the provisions of subsection 
(a). 
''(2) Paragraph (1) shall not be construed to make inapplicable 
the provisions of subsection (a) to a military power of attorney 
that does not include a statement described in that paragraph. 
"(d) STATE DEFINED.—In this section, the term 'State' includes 
the District of Colimibia, the Commonwealth of Puerto Rico, and 
a possession of the United States.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1044a the following: 
''1044b. Military powers of attorney: reqiiirement for recognition by States.". 
SEC. 675. FOREIGN LANGUAGE PROFICIENCY TEST PROGRAM. 
10 USC 113 note. 
(a) TEST I'ROGRAM.—^The Secretary of Defense shall develop 
and carry out a test program for improving foreign language pro-
ficiency in the Department of Defense through improved manage-
ment and other measures. The test program shall be designed 
to evaluate the findings and recommendations o
f
—
• 
(1) the June 1993 inspection report of the Inspector General 
of the Department of Defense on the Defense Foreign Language 
Program (report numbered 93-INS-lO); 
(2) the report of the Sixth Quadrennial Review of Military 
Compensation (August 1988); and 
(3) any other recent study of the foreign language pro-
ficiency program of the Department of Defense. 
(b) EVALUATION OF PRIOR RECOMMENDATIONS.—The test pro-
gram shall include an evaluation of the following possible changes 
to current practice identified in the reports referred to in subsec-
tion (a): 
(1) Management of linguist billets and personnel for the 
active and reserve components from a Total Force perspective. 
(2) Improvement of linguist training programs, both resi-
dent and nonresident, to provide greater flexibility, to accommo-
date missions other than signals intelligence, and to improve 
the provision of resources for nonresident programs. 
(3) Centralized responsibility within the Office of the Sec-
retary of Defense to provide coordinated oversight of all foreign 
language issues and programs, including a centralized process 
for determination, validation, and documentation of foreign lan-
guage requirements for different services and missions. 
(4) Revised policies of each of the military departments 
to foster maintenance of highly perishable linguistic skills 
through improved management of the careers of language-
trained personnel, including more effective use of language 
skills, improved career opportunities within the linguistics field, 
and specific linkage of language proficiency to promotions. 
(5) In the case of language-trained members of the reserve 
components— 
(A) the use of additional training assemblies (ATAs) 
as a means of sustaining linguistic proficiency and enhanc-
ing retention; and 
(B) the use of larger enlistment and reenlistment 
bonuses. Special Duty Assignment Pay, and educational 
incentives. 
(6) Such other management changes as the Secretary may 
consider necessary. 
107 STAT. 1676 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) EVALUATION OF ADJUSTMENT IN FOREIGN LANGUAGE PRO-
FICIENCY PAY.—(1) The Secretary shall include in the test program 
an evaluation of adjustments in foreign language proficiency pay 
for active and reserve component personnel (which may be adjusted 
for purposes of the test program without regard to section 316(b) 
of title 37, United States Code). 
(2) Before any adjustment in foreign language proficiency pay 
is included in the test program as authorized by paragraph (1), 
the Secretarv shall submit to the committees namea in subsection 
(d)(2) the following information related to proficiency pay adjust-
ments: 
(A) The response of the Secretory to the findings of the 
Inspector Greneral in the report on the Defense Foreign Lan-
•^ 
guage Program referred to in subsection (a)(1), specifically 
including the following matters raised in that report: 
(i) Inadequate centralized oversight of planning, policy, 
roles, responsibilities, and funding for foreign language 
programs. 
(ii) Inadequate management and validation of the 
requirements process for foreign language programs. 
(iii) Inadequate uniform career management of lan-
guage-trained personnel, including failure to take sufficient 
advantoge of language skills and to recoup investment 
of training dollars. 
(iv) Inadequate training programs, both resident and 
nonresident. 
(B) The current manning of linguistic billete (shown by 
service, by active or reserve component, and by career field). 
(C) The rates of retention in the service for language-
trained personnel (shown by service, by active or reserve compo-
nent, and by career field). 
(D) The rates of retention by career field for language-
trained personnel (shown by service and by active or reserve 
component). 
(E) The rates of language proficiency for personnel serving 
in linguistic billete (shown by service, by active or reserve 
component, and by career field). 
(F) Trends in performance ratings for personnel serving 
in linguistic billete (shown by service, by active or reserve 
component, and by career field). 
(G) Promotion rates for personnel serving in linguistic bil-
lete (shown by service, by active or reserve component, and 
by career field). 
(H) The estimated cost of foreign language proficiency pay 
as proposed to be paid at the adjusted rates for the test program 
under paragraph (1)— 
(i) for each year of the test program; and 
(ii) for five years, if those rates are subsequently 
applied to the entire Department of Defense. 
(3) The rates for adjusted foreign language proficiency pay 
as proposed to be paid for the test program under paragraph (1) 
may not take effect for the test program unless the senior official 
responsible for personnel matters in the Office of the Secretory 
of Defense determines that— 
(A) the foreign language proficiency pay levels estoblished 
for the test program are consistent with proficiency pay levels 
for other fiinctions throughout the Department of Deiense; and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1677 
(B) the terms and conditions for receiving foreign language 
proficiency pay conform to current policies and practices within 
the Department of Defense. 
(d) REPORT ON PLAN FOR TEST PROGRAM.—(1) The Secretary 
of Defense shall submit to the committees named in paragraph 
(2) a report containing a plan for the test program required in 
subsection (a), an explanation of the plan, and a discussion of 
the matters stated in subsection (cX2). The report shall be submitted 
not later than April 1,1994. 
(2) The committees referred to in paragraph (1) are— 
(A) the Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives; and 
(B) the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate. 
(e) PERIOD OF TEST PROGRAM.—(1) The test program required 
by subsection (a) shall begin, on October 1, 1994. However, if the 
report required by subsection (d) is not submitted by the date 
specified in that subsection for the submission of the report, the 
test program shall begin at the end of a period of 180 days (as 
computed under paragraph (2)) beginning on the date on which 
such report is submitted. 
(2) For purposes of paragraph (1), days on which either House 
is not in session becaiise of an adjournment of more than 3 days 
to a day certain or bea-tuse of an adjournment sine die shall be 
excluded in the computation of such 180-day period. 
(3) The test program shall terminate two years afl^er it begins. 
SEC. 576. CLARIFICATION OF PUNITIVE UCMJ ARTICLE REGARDING 
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" afi«r "0.10 grams" 
both places such term appears. 
(b) EFFECTIVE DATE.—^The amendments made by subsection lo use 9ii note, 
(a) shall take effect as if included in the amendment to section 
911 of title 10, United States Code, made by section 1066(aXl) 
of Public Law 102-484 on October 23,1992. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—^Pay and Allowances 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1994. 
37 USC 1009 
(a) WAIVER OF SECHON 1009 ADJUSTMENT.—Any a4justment "°^ 
required by section 1009 of title 37, United States Code, in elements 
of compensation of members of the uniformed services to become 
effective during fiscal year 1994 shall not be made. 
(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effective on Janu-
ary 1, 1994, the rates of basic pay, basic allowance for subsistence, 
and basic allowance for quarters of members of the uniformed 
services are increased by 2.2 percent. 
107 STAT. 1678 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 602. CONTINUATION OF RATE OF BASIC PAY APPLICABLE TO 
CERTAIN MEMBERS WITH OVER 24 YEARS OF SERVICE. 
(a) CONTINUATION OF RATE.—Section 4402 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2701; 37 U.S.C. 1009 note) is amended— 
(1) in subsection (a)— 
(A) by striking out "TEMPORARY" in the subsection 
heading; and 
(B) by striking out 'Temporarjr** in the heading of 
the table; and 
(2) in subsection (b)— 
(A) by striking out "TEMPORARY" in the subsection 
heading; and 
(B) by striking out "December 31, 1992," and all that 
follows through the period at the end and inserting in 
lieu thereof "December 31,1992.". 
(b) CONFORMING AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
<^EC. 4402. RATE OF BASIC PAY APPUCABLE TO CERTAIN MEMBERS 
WITH OVER 24 YEARS OF SERVICE.". 
(2) The item relating to such section in the table of contents 
in section 2(b) of such Act (Public Law 102^84; 106 Stat. 2329) 
is amended to read as follows: 
"Sec. 4402. Rate of basic pay applicable to certain members with over 24 years of 
service.". 
SEC. 603. PAY FOR STUDENTS AT SERVICE ACADEMY PREPARATORY 
SCHOOLS. 
(a) RATES OF PAY.—Section 203 of title 37, United States Code, 
is amended by adding at the end the following new subsection: 
"(eXD A student at the United States Military Academy Pre-
paratory School, the United States Naval Academy Preparatory 
^
^ 
School, or the United States Air Force Academy Preparatory School 
who was selected to attend the preparatory school from civilian 
life is entitled to monthly student pay at the same rate as provided 
for cadets and midshipmen imder subsection (c). 
"(2) A student at a preparatory school referred to in paragraph 
(1) who, at the time of the student's selection to attend the pre-
paratory school, was an enlisted member of the uniformed services 
on active duty for a period of more than 30 days shall continue 
to receive monthly basic pay at the rate prescribed for the student's 
pay grade and years of service as an enlisted member. 
"(3) The monthly student pay of a student described in para-
graph (1) shall be treated for purposes of the accrual charge for 
the Department of Defense Military Retirement Fund established 
under section 1461 of title 10 in the same manner as monthly 
cadet pay or midshipman pay under subsection (c).". 
37 use 203 note. 
(b) APPLICATION OF AMENDMENT.—The amendment made by 
subsection (a) shall apply with respect to students entering the 
United States Military Academy Preparatory School, the United 
States Naval Academy Preparatory School, or the United States 
Air Force Academy Preparatory School on or after the date of 
the enactment of this Act. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1679 
SEC. 604. VARIABLE HOUSING ALLOWANCE FOR CERTAIN MEMBERS 
WHO ARE REQUIRED TO PAY CHILD SUPPORT AND WHO 
ARE ASSIGNED TO SEA DUTY. 
Section 403a(bX2) of title 37, United States Code, is amended— 
(1) in subparagraph (A), by striking out "or"; and 
(2) in subparagraph (B), by inserting "or" after the semi-
colon; and 
(3) bv adding at the end the following new subparagraph: 
(C) the member is assigned to sea duty and elects 
not to occupy assigned quarters for unaccompanied person-
nel, imless the member is in a pay grade above £-6;". 
SEC. 605. EVACUATION ADVANCE PAY. 
(a) DESIGNATION OF EVACUATION LOCATION.—Section 1006(c) 
of title 37, United States Code, is amended b^ striking out "the 
President" in the first sentence and inserting in lieu thereof "the 
Secretary of Defense". 
(b) TREATMENT OF HOMESTEAD AlR FORCE BASE EVACUATION.— 
The advance pajrments of pay for permanent change of station 
that were received by members of the uniformed services who 
were evacuated in August 1992 from Homestead Air Force Base, 
Florida, because of Hurricane Andrew, shall be treated as having 
been paid as evacuation advance pay under the authority of section 
1006(c) of title 37, United States Cfode. 
Subtitle B—^Bonuses and Special and 
Incentive Pays 
SEC. 611. EXTENSION OF AUTHORITY FOR BONUSES AND SPECIAL PAY 
FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, 
AND NURSE ANESTHETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(aXl) of title 10, United States Code, is amended by striking 
out "September 30, 1993," and inserting in lieu thereof "Septem-
ber 30,1995,". 
(b) ACCESSION BONUS FOR REGISTERED NuRSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
out "September 30, 1993," and inserting in lieu thereof "Septem-
ber 30,1995,". 
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(aXl) of title 37, United States Code, is amended by striking 
out "September 30, 1993," and inserting in lieu thereof "Septem-
ber 30,1995,". 
(d) COVERAGE OF PERIOD OF LAPSED AGREEMENT AUTHORITY.— lo use 2i30a 
(1) In the case of a person described in paragraph (2) who executes 
^^^-
an agreement described in paragraph (3) during the 90-day period 
beginning on the date of the enactment of this Act, the Secretary 
concerned may treat the agreement for purposes of the accession 
bonus, monthly stipend, or special pay authorized under the agree-
ment as having been executed and accepted on the first date on 
which the person would have qualified for such an agreement 
had the amendments made by this section taken efiect on Octo-
ber 1,1993. 
(2) A person referred to in paragraph (1) is a person described 
in section 2130a(b) of title 10, United States Code, or section 
302d(aXl) or 302e(b) of title 37, United States Code, who, during 
107 STAT. 1680 
PUBLIC LAW 103-160—NOV. 30, 1993 
Regulations. 
the period beginning on October 1, 1993, and ending on the date 
of the enactment of this Act, would have qualified for an agreement 
described in paragraph (3) had the amendments made by this 
section taken effect on October 1,1993. 
(3) An agreement referred to in this subsection is an agreement 
with the Secretary concerned that is a condition for the payment 
of an accession bonus and monthly stipend under section 2130a 
of title 10, United States Code, an accession bonus imder section 
302d of title 37, United States Code, or incentive special pay imder 
section 302e of title 37, United States Code. 
(4) For purposes of this subsection, the term "Secretary con-
cerned" has the meaning given that term in section 101(5) of title 
37, United States Code. 
SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BONUSES FOR 
RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1993" and inserting in Heu thereof "September 30, 1995". 
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c of 
title 37, United States Code, is amended— 
(1) in subsection (b)— 
(A) by striking out "$2,000" in the material preceding 
paragraph (1) and inserting in lieu thereof "$5,000"; and 
(B) in paragraph (1), by striking out "one-half of the 
bonus shall be paid" and inserting in lieu thereof "an 
amoimt not to exceed one-half of the bonus may be paid"; 
(2) in subsection (e), by striking out "September 30, 1993" 
and inserting in lieu thereof "September 30,1995"; and 
(3) by adding at the end the following new subsection: 
"(f) The total amount of expenditures under this section may 
not exceed $37,024,000 during fiscal year 1994.". 
(c) SELECTED RESERVE AFFILIATION BONUS.—Section 308e of 
title 37, United States Code, is amended— 
(1) in subsection (c)— 
(A) in paragraph (2), by striking out "fifth anniversary" 
in the second sentence and inserting in lieu thereof "sixth 
anniversary"; and 
(B) by adding at the end the following new paragraph: 
"(3) In lieu of the procedures set out in paragraph (2), the 
Secretary concerned may pay the bonus in monthly installments 
in such amounts as may be determined by the Secretary. Monthly 
pajmients under this paragraph shall begin after the first month 
of satisfactory service of the person and are payable only for those 
months in which the person serves satisfactorily. Satisfactory serv-
ice shall be determined under regulations prescribed by the Sec-
retary of Defense."; and 
(2) in subsection (e), by striking out "September 30, 1993" 
and inserting in lieu thereof "September 30,1995". 
(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of title 37, United States Code, is amended by 
striking out "September 30, 1993" and inserting in lieu thereof 
"September 30,1995". 
(e) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(i) of title 
37, United States Code, is amended by striking out "September 
30,1993" and inserting in lieu thereof "September 30,1995". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1681 
(£) APPUCATION OF CERTAIN AMENDMENTS.—The amendments Effective date. 
made by subsections (a), (b), (d), and (e) shall take effect as of 37 use 308b 
September 30, 1993, and shall apply with respect to an enlistment, "° " 
reenlistment, or extension of an enlistment described in section 
308b, 308c, 308h, or 308i of title 37, United States Code, occurring 
on or after that date. 
(g) COVERAGE OF PERIOD OF LAPSED AGREEMENT AUTHORITY.— 37 use 308e 
(1) In the case of a person described in paragraph (2) who executes "
°
*
®
-
a reserve affiliation agreement under section 308e of title 37, United 
States Code, during the 90-day period beginning on the date of 
the enactment of this Act, the Secretary of the military department 
concerned may treat the agreement for purposes of the bonus 
authorized under such section as having been executed and accepted 
on the first date on which the person would have qualified for 
such an agreement had the amendment made by subsection (cX2) 
taken effect on October 1,1993. 
(2) A person referred to in paragraph (1) is a person described 
in section 308e(a) of title 37, United States Code, who, during 
the period beginning on October 1, 1993, and ending on the date 
of the enactment of this Act, would have qualified for a reserve 
affiliation agreement under such section had the amendment made 
by subsection (c)(2) taken effect on October 1,1993. 
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF 
OTHER BONUSISS AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking out "Septem-
ber 30, 1993" and inserting in lieu thereof "September 30, 1994". 
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 
308(g) of title 37, United States Code, is amended by striking 
out "September 30, 1993" and inserting in lieu thereof "Septem-
ber 30,1995". 
(c) ENLISTMENT BONUS FOR CRITICAL SKILLS.—Section 308a(c) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1993" and inserting in lieu thereof "September 30, 1995". 
(d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED 
RESERVE ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 
308d(c) of title 37, United States Code, is amended by striking 
out "September 30, 1993" and inserting in lieu thereof "Septem-
ber 30,1995". 
(e) ARMY ENLISTMENT BONUS.—Section 308f(c) of title 37, 
United States Code, is amended by striking out "September 30, 
1992" and inserting in lieu thereof "September 30, 1995". 
(f) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
2172(d) of title 10, United States Code, is amended by striking 
out "October 1, 1993" and inserting in lieu thereof "October 1, 
1995". 
(g) SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH 
SPECULISTS IN THE SELECTED RESERVES.—Section 613(d) of the 
National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 
302 note), is amended bv striking out "September 30, 1993" and 
inserting in lieu thereof "September 30,1995 . 
(h) APPLICATION OF CERTAIN AMENDMENTS.—(1) The amend- 37 use 308 note. 
ments made by subsections (b) and (c) shall take effect as of Sep-
tember 30, 1993, and shall apply with respect to an enlistment, 
reenlistment, or extension of an enlistment described in section 
107 STAT. 1682 
PUBLIC LAW 103-160—NOV. 30, 1993 
308 or 308a of title 37, United States Code, occurring on or after 
that date. 
37 use 308d 
(2) The amendment made by subsection (d) shall take effect 
"°**- 
as of September 30, 1993, and shall apply with respect to inactive 
duty for training performed after that date for which special pay 
is authorized imder section 308d of title 37, United States Code. 
Effective date. 
(3) The amendment made by subsection (e) shall take effect 
^^usc308f 
j^g Qf September 30, 1992, and shall apply with respect to an 
enlistment in the Army described in section 308f of title 37, United 
States Code, occurring on or after that date. 
37 use 301b 
(i) COVERAGE OF PERIOD OF LAPSED AGREEMENT AUTHORITY.— 
^°^- 
(1) In the case of an officer described in paragraph (2) who executes 
an agreement described in paragraph (3) during the 90-day period 
beginning on the date of the enactment of this Act, the Secretary 
concerned may treat the agreement for purposes of the retention 
bonus or special pay authorized under the agreement as having 
been executed and accepted on the first date on which the officer 
would have qualified for such an agreement had the amendments 
made by subsections (a) and (g) taken effect on October 1, 1993. 
(2) An officer referred to in paragraph (1) is an officer described 
in section 301b(b) of title 37, United States Code, or in section 
613(aX2) of the National Defense Authorization Act, Fiscal Year 
1989 (37 U.S.C. 302 note), who, during the period beginning on 
October 1, 1993, and ending on the date of the enactment of this 
Act, would have qualified for an agreement described in paragraph 
(3) had the amendments made by subsections (a) and (g) taken 
effect on October 1,1993. 
(3) An agreement referred to in this subsection is a service 
agreement with the Secretary concerned that is a condition for 
the payment of a retention bonus under section 301b of title 37, 
United States Code, or special pay under section 613 of the National 
Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note). 
(4) For purposes of this subsection, the term "Secretary con-
cerned" has the meaning given that term in section 101(5) of title 
37, United States Code. 
Subtitle C—^Travel and Transportation 
Allowances 
SEC. 621. REIMBURSEMENT OF TEMPORARY LODGING EXPENSES. 
(a) PERIODS COVERED.—Subsection (a) of section 404a of title 
37, United States Code, is amended— 
(1) in the second sentence, by striking out "four days" 
and inserting in lieu thereof "10 days"; and 
(2) in the third sentence, by striking out "two days" and 
inserting in lieu thereof "five days". 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Subsection (d) of such 
section is repealed. 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on April 1,1994. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1683 
SEC. 622. PAYMENT OF LOSSES INCURRED OR COLLECTION OF GAINS 
REALIZED DUE TO FLUCTUATIONS IN FOREIGN CURRENCY 
IN CONNECTION WITH HOUSING MEMBERS IN PRIVATE 
HOUSING ABROAD. 
(a) PAYMENT OR COLLECTION AUTHORIZED.—Section 405(d) of 
title 37, United States Code, is amended to read as follows: 
"(dXD In the case of a member of the imiformed services 
authorized to receive a per diem allowance under subsection (a), 
the Secretary concerned may make a lump-sum pa3anent for non-
recurring expenses— 
"(A) incurred by the member in occupying private housing 
outside of the United States; and 
"(B) authorized or approved under regulations prescribed 
by the Secretary concerned. 
"(2) Nonrecurring expenses for which a member may be 
reimbursed under paragraph (1) may include losses sustained by 
the member on the reivmd of a rental deposit (or other deposit 
made by the member to secure housing) as a result of fluctuations 
in the relative value of the currencies of the United States and 
the foreign country in which such housing is located. 
"(3) The Secretary concerned shall recoup the full amount of 
a reflinded deposit refe;rred to in paragraph (2) that was paid 
by the United States, including any gain resulting from a fluctuation 
in currency values referre d to in that paragraph. 
"(4) Expenses for wliich payments are made under this sub-
section may not be considered for purposes of determining the 
per diem allowance of the member under subsection (a).". 
(b) APPLICATION OF AMENDMENT.—^The amendment made by 37 use 405 note. 
subsection (a) shall appliy with respect to nonrecurring expenses 
and currency fluctuation gains described in section 405(d) of title 
37, United States Code, that are incurred by members of the uni-
formed services on or after October 1,1993. 
Subtitle D—Other Matters 
SEC. 631. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES 
OF ALLOWANCES. 
(a) EXPANSION OF DEFINITION.—Section 401(a) of title 37, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(4) An unmarried person who— 
"(A) is placed in the legal custody of the member as 
a result of an order of a court of competent jurisdiction 
in the United States (or Puerto Rico or a possession of 
the United States) for a period of at least 12 consecutive 
months; 
"(B) either— 
"(i) has not attained the age of 21; 
"(ii) has not attained the age of 23 years and 
is enrolled in a full time course of study at an institu-
tion of higher learning approved by the Secretary con-
cerned; or 
"(iii) is incapable of self support because of a men-
tal or physical incapacity that occurred while the per-
son was considered a dependent of the member or 
107 STAT. 1684 
PUBLIC LAW 103-160—NOV. 30, 1993 
former member under this paragraph pursuant to 
clause (i) or (ii); 
"(C) is dependent on the member for over one-half 
of the person's support; 
"(D) resides with the member unless separated by the 
necessity of military service or to receive institutional care 
as a result of disability or incapacitation or under such 
other circumstances as the Secretary concerned may by 
regulation prescribe; and 
"(E) is not a dependent of a member under any other 
paragraph.**. 
37 use 401 note. 
(b) APPLICATION OF AMENDMENT.—Section 401(a)(4) of title 37, 
United States Code, as added by subsection (a), shall apply with 
respect to determinations of dependency made on or after July 
1,1994. 
SEC. 632. CLARIFICATION OF EUdBIUTY FOR TUITION ASSISTANCE. 
Section 2007 of title 10, United States Code, is amended by 
adding at the end the foUovdng new subsection: 
"(d) Subsection (cX3) may not be construed to prohibit the 
Secretary of a military department from exercising any authority 
that the Secretary may have to pay charges of an educational 
institution (within the limits set forth in subsection (a)) in the 
case of— 
"(1) a warrant officer on active duty or full-time National 
Guard duty; 
"(2) a commissioned officer on full-time National Guard 
duty; or 
"(3) a commissioned officer on active duty who satisfies 
the condition in subsection (aX3) relating to an agreement 
to remain on active duty.**. 
SEC. 633. SENSE OF CONGRESS REGARDING THE PROVISION OF 
EXCESS LEAVE AND PERMISSIVE TEMPORARY DUTY FOR 
MEMBERS FROM OUTSIDE THE CONTINENTAL UNITED 
STATES. 
(a) SENSE OF CONGRESS.—^It is the sense of Congress that 
the Secretary of Defense should ensure that a member of the 
Armed Forces whose home of record is outside the continental 
United States and who is stationed inside the continental United 
States at the time of the separation of the member will be eligible 
to receive the same amount of excess leave or permissive temporary 
duty under section 1149 of title 10, United States Code, as a 
member who is stationed overseas. 
(b) DEFINITION.—For purposes of this section, the term "con-
tinental United States** means the 48 contiguous States and the 
District of Columbia. 
SEC. 634. SPECIAL PAY FOR CERTAIN DISABLED MEMBERS. 
(a) SPECIAL PAY FOR CERTAIN DISABLED MEMBERS.^A person 
who has a service-connected disability rated as total may be paid 
special pay under this section if the person is entitled to emergency 
officers*, regular, or reserve retirement pay based solely on— 
(1) the person's age; 
(2) the length of the person*s service in the uniformed 
services; or 
(3) both the person*s age and the length of such service. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1685 
(b) AMOUNT OF SPECIAL PAY.—The amount of special pay that 
may be paid a person under subsection (a) for any month may 
not exceed the monthly amount of the compensation that is paid 
such person under laws administered by the Secretary of Veterans 
Affairs. 
(c) FUNDING.—^The cost of the special pay authorized to be 
paid under this section shall be paid out of funds available to 
the Dep£ui;ment of Defense for travel of personnel of the Department 
of Defense in positions within the Office of the Secretarv of Defense, 
the Office of the Secretary of the Army, the Office of the Secretary 
of the Navy, and the Office of the Secretary of the Air Force. 
(d) DEFINITIONS.—In this section, the terms "compensation" 
and "service-connected" have the meanings given such terms in 
section 101 of title 38, United States Code. 
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
this section shall take effect on January 1,1994. 
(2) This section shall not take effect if, before January 1, 
1994, the Secretary of Def 
isnse submits to the Committees on Armed 
Services of the Senate a.nd House of Representatives the report 
required by section 641 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2424). 
(f) APPLICABILITY.—(1) Except as provided in paragraph (2), 
this section shall apply to months that begin on or after the effective 
date of this section. 
(2) This section shall not be effective for months that begin 
after September 30,1994. 
TITLE Vn—HEALTH CARE PROVISIONS 
Subtitle A—^Health Care Services 
SEC. 701. PRIMARY AND PREVENTIVE HEALTH CARE SERVICES FOR 
WOMEN. 
(a) FEMALE MEMBERS AND RETIREES OF THE UNIFORMED SERV-
ICES.—<1) Chapter 55 of title 10, United States Code, is amended 
by inserting after section 1074c the following new section: 
''§1074d. Primary and preventive health care services for 
women 
"(a) SERVICES AVAILABLE.—^Female members and former mem-
bers of the uniformed services entitled to medical care under section 
1074 or 1074a of this title shall also be entitled to primary and 
preventive health care services for women as part of such medical 
care. 
"(b) DEFINITION.—In this section, the term 'primary and preven-
tive health care services for women' means health care services, 
including related counseling services, provided to women with 
respect to the following: 
"(1) Papanicolaou tests (pap smear). 
"(2) Breast examinations and mammography. 
"(3) Comprehensive obstetrical andf ^oiecological care, 
including care related to pregnancy and the prevention of 
pregnancy. 
"(4) Infertility and sexually transmitted diseases, including 
prevention. 
107 STAT. 1686 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(5) Menopause, including hormone replacement therapy 
and counseling regarding the benefits and risks of hormone 
replacement therapy. 
"(6) Physical or psychological conditions arising out of acts 
of sexual violence. 
**(7) Gynecological cancers.**. 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1074c 
the following new item: 
"1074(1. Primary and preventive health care services for women.". 
(b) FEMALE DEPENDENTS.—Section 1077(a) of such title is 
amended by adding at the end the following new paragraph: 
"(13) Primary and preventive health care services for 
women (as defined in section 1074d(b) of this title).". 
SEC. 702. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES 
OF HEALTH BENEFITS. 
(a) EXPANSION OF DEFINITION.—Section 1072(2) of title 10, 
United States Code, is amended— 
(1) in subparagraph (G), by striking out "; and" and insert-
ing in lieu thereof a semicolon; 
(2) in subparagraph (H), by striking out the period and 
inserting in lieu thereof"; and"; and 
(3) by adding at the end the following new subparagraph: 
"(I) an unmarried person who— 
"(i) is placed in the legal custody of the member 
or former member as a result of an order of a court 
of competent jurisdiction in the United States (or a 
Territory or possession of the United States) for a 
period of at least 12 consecutive months; 
"(ii) either— 
"(I) has not attained the age of 21; 
"(II) has not attained the age of 23 and is 
enrolled in a full time course of study at an institu-
tion of higher learning approved by the administer-
ing Secretary; or 
"(III) is incapable of self support because of 
a mental or physical incapacity that occurred while 
the person was considered a dependent of the 
member or former member under this subpara-
graph pursuant to subclause (I) or (II); 
"(iii) is dependent on the member or former mem-
ber for over one-half of the person's support; 
"(iv) resides with the member or former member 
unless separated by the necessity of military service 
or to receive institutional care as a result of disability 
or incapacitation or under such other circumstances 
as the administering Secretary may by regulation pre-
scribe; and 
"(v) is not a dependent of a member or a former 
member imder any other subparagraph.". 
10 use 1072 
(b) APPLICATION OF AMENDMENT.—Section 1072(2X1) of title 
"°^- 
10, United States Code, as added by subsection (a), shall apply 
with respect to determinations of dependency made on or after 
July 1,1994. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1687 
SEC. 708. AUTHORIZATION TO EXPAND ENROLLMENT IN THE DEPEND- 
10 USC 1076a 
ENTS* DENTAL PROGRAM TO CERTAIN MEMBERS RETURN- note. 
ING FROM 0VE:RSEAS ASSIGNMENTS. 
(a) AUTHORITY TO E:XPAND PROGRAM.—After March 31, 1994, 
the Secretai^ of Defense may expand the dependents' dental pro-
gram estabhshed under section 1076a of title 10, United States 
ode, to permit a member of the uniformed services described 
in subsection (b) to enroll dependents described in subsection (a) 
of such section in a dental benefits plan imder the program without 
regard to the length of the uncompleted portion of the member's 
period of obligated service. 
(b) COVERED MEMBERS.—^A member referred to in subsection 
(a) is a member of the uniformed services who is— 
(1) on active duty for a period of more than 30 days (as 
defined in section 101(d)(2) of title 10, United States Code); 
and 
(2) reassigned from a permanent duty station where a 
dental benefits plan under the dependents' dental program 
is not available to a permanent duty station where such a 
plfui is available. 
(c) REPORT ON ADVISABILITY OF EXPANSION.—Not later than 
February 28, 1994, the S<jcretary shall submit to Congress a report 
evaluating the advisability of expanding the enrollment eligibility 
of members of the imiformed services in the dependents' dental 
program in the manner authorized in subsection (a). The report 
shall include an analysis of the cost implications for such an expan-
sion to the Federal Government, beneficiaries under the dependents' 
dental program, and contractors under the program. 
(d) NOTIFICATION OF EXERCISE OF AUTHORITY.—The Secretary 
shall notify Congress of any decision to expand the enrollment 
eligibility of dependents in the dependents' dental program as pro-
vided in subsection (a) not later than 30 days before such expansion 
takes effect. 
SEC. 704. AUTHORIZATION TO APPLY SECTION 1079 PAYMENT RULES 
10 USC 1086 
FOR THE SPOUSE AND CHILDREN OF A MEMBER WHO DIES 
note. 
WHILE ON ACTIVE DUTY. 
(a) AUTHORITY To USE SECTION 1079 
PAYMENT RULES.—In 
the case of a dependent described in subsection (b) of a member 
of a uniformed service who died while on active duty for a period 
of more than 30 days, the administering Secretanr may apply the 
pa3rment provisions set forth in section 1079(b) or title 10, United 
States Code (in lieu of the payment provisions set forth in section 
1086(b) of such title), with respect to health benefits received by 
the dependent under section 1086 of such title in connection with 
an illness or medical condition for which the dependent was receiv-
ing treatment under chapter 55 of such title at the time of the 
death of the member. 
(b) ELIGIBLE DEPENDENTS DESCRIBED.—A dependent referred 
to in this section is a dependent who— 
(1) is the unremarried widow, unremarried widower, or 
child of a member of a luiiformed service who died on or 
after January 1, 1993, while on active duty for a period of 
more than 30 days; and 
(2) was a covered beneficiary under chapter 55 of title 
10, United States Code, at the time of the death of the member 
by reason of being the spouse or child of the member. 
107 STAT. 1688 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) PERIOD OF APPLICATION OF SPECIAL PAYMENT RULE.—The 
special p a r e n t rule authorized by subsection (a) for a dependent 
described in subsection (b) shall expire upon the earlier of— 
(1) the end of the one-year period beginning on the date 
v
„ 
ofthe death of the member; and 
(2) the termination of the illness or condition for which 
the dependent was receiving treatment under chapter 55 of 
title 10, United States Code, at the time of the death of the 
member. 
(d) DEFINITIONS.—^For purposes of this section, the term "admin-
istering Secretary" means— 
(1) the Secretary of Defense, with respect to the Armed 
Forces under the jurisdiction of the Secretary; 
(2) the Secretary of Transportation, with respect to the 
Coast Guard when the Coast Guard is not operating as a 
service in the Navy; and 
(3) the Secretary of Health and Himian Services with 
respect to the National Oceanic and Atmospheric Administra-
tion and the Public Health Service. 
Subtitle B—Changes to Existing Laws 
Regarding Health Care Management 
SEC. 711. CODIFICATION OF CHAMPUS PEER REVIEW ORGANIZATION 
PROGRAM PROCEDURES. 
Section 1079 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(oXD Health care services provided pursuant to this section 
or section 1086 of this title (or pursuant to any other contract 
or project under the Civilian Health and Medical Program of the 
Uniformed Services) may not include services determined under 
the CHAMPUS Peer Review Organization program to be not medi-
cally or psychologically necessary. 
"(2) The Secretary of Defense, after consulting with the other 
administering Secretaries, may adopt or adapt for use under the 
CHAMPUS Peer Review Organization program, as the Secretary 
considers appropriate, any of the quality and utilization review 
requirements and procedures that are used by the Peer Review 
Organization program under part B of title XI of the Social Security 
Act (42 U.S.C. 1320c et seq.).". 
SEC. 712. INCREASED FLEXIBILITY FOR PERSONAL SERVICE CON-
TRACTS IN MILITARY MEDICAL TREATMENT FACILITIES. 
(a) PERSONAL SERVICES CONTRACTS AUTHORIZED.—<1) Section 
1091 of title 10, United States Code, is amended to read as follows: 
"§ 1091. Personal services contracts 
"(a) AUTHORITY.—^The Secretary of Defense may enter into per-
sonal services contracts to carry out health care responsibilities 
in medical treatment facilities of the Department of Defense, as 
determined to be necessary by the Secretary. The authority provided 
in this subsection is in addition to any other contract authorities 
of the Secretary, including authorities relating to the management 
of such facilities and the administration of this chapter. 
"(b) LIMITATION ON AMOUNT OF COMPENSATION.—In no case 
may the total amount of compensation paid to an individual in 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1689 
any year under a personal services contract entered into under 
subsection (a) exceed the amount of annual compensation (excluding 
the allowances for expenses) specified in section 102 of title 3. 
"(c) PROCEDURES.—(;i) The Secretary shall establish by regula- Regulations. 
tion procedures for entering into personal services contracts with 
individuals under subsection (a). At a minimum, such procedures 
shall assure— 
"(A) the provision of adequate notice of contract opportuni-
ties to individuals residing in the area of the medical treatment 
facility involved; and 
"(B) consideration of interested individuals solely on the 
basis of the qualifications established for the contract and the 
proposed contract price. 
(2) Upon the establishment of the procedures under paragraph 
(1), the Secretary may exempt contracts covered by this section 
firom the competitive contracting requirements specified in section 
2304 of this title or any other similar requirements of law. 
"(d) EXCEPTIONS.—The procedures and exemptions provided 
imder subsection (c) shall not apply to personal services contracts 
entered into xmder subsection (a) with entities other than individ-
uals or to any contract that is not an authorized personal services 
contract under subsection (a).". 
(2) The item relating to section 1091 in the table of sections 
at the beginning of chapter 55 of title 10, United States Code, 
is amended to read as follows: 
"1091. Personal services contracts.". 
(b) REPORT REQUIRED.—Not later than 30 days afl^r the end lo use I09i 
of the 180-day period beginning on the date on which the Secretary ^°^-
of Defense first uses the authority provided under section 1091 
of title 10, United States Code (as amended by subsection (aXD), 
the Secretary shall submit to Congress a report specifying— 
(1) the compensation, by medical specialty, provided by 
the Secretary to individuals agreeing to enter into a personal 
services contract under such section during that period; 
(2) the extent to which the amounts of such compensation 
exceed the amoimts previously provided by the Secretary for 
individuals in such medical specialties; 
(3) the total number and medical specialties of individuals 
serving in military medical treatment facilities during that 
period pursuant to such a contract; and 
(4) the number of such individuals (and their medical 
specialties) who are receiving compensation under such a con-
tract in an amount in excess of the maximum amount author-
ized under such section, as such section was in effect on the 
day before the date of the enactment of this Act. 
SEC. 713. EXPANSION OF THE PROGRAM FOR THE COLLECTION OF 
HEALTH CARE COSTS FROM THIRD-PARTY PAYERS. 
(a) COLLECTION CHANGES.—Subsection (g) of section 1095 of 
title 10, United States Code, is amended— 
(1) by inserting after "collected under this section from 
a third party payei*" the following: "or under any other provision 
of law 
firom 
any other payer"; ana 
(2) by inserting before the period the following: "and shall 
not be taken into consideration in establishing the operating 
budget of the facility". 
(b) DEFINITIONS.—Subsection (h) of such section is amended— 
69-194 O - 94 - 24 : QL. 3 Part 2 
107 STAT. 1690 
PUBLIC LAW 103-160—NOV. 30, 1993 
(1) in paragraph (2), by inserting after "includes" the follow-
ing: *
*
a preferred provider organization and"; and 
(2) by adding at the end the following new paragraph: 
"(3) The term 'health care services' includes products 
provided or purchased through a facility of the uniformed 
services.". 
(c) REPORT ON COLLECTIONS.—Subsection (g) of such section 
(as amended by subsection (a)) is further amende(^ 
(1) by inserting "(1)" after "(g)"; and 
(2) bv adding at the end the following new paragraph: 
"(2) Not later than February 15 of each year, the Secretanr 
of Defense shall submit to Congress a report specif3dng for each 
facility of the uniformed services the amount credited to the facility 
under this subsection during the preceding fiscal year.". 
SEC. 714. ALTERNATIVE RESOURCE ALLOCATION METHOD FOR MEDI-
CAL FACILITIES OF THE UNIFORMED SERVICES. 
(a) INCLUSION OF CAPITATION METHOD.—Section 1101 of title 
10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking out "DRGs" in the subsection heading 
and inserting in lieu thereof "CAPITATION O
R DRG 
METHOD"; and 
(B) by inserting "capitation or" before "diagnosis-
related groups"; 
(2) in subsection (b), by striking out "Diagnosis-related 
u 
r 
groups" and inserting in lieu thereof "Capitation or diagnosis-
related groups"; and 
(3) in subsection (c)— 
(A) by striking out "shall" both places it appears and 
inserting in lieu thereof "majr"; and 
(B) by adding at the end the following new paragraph: 
"(4) An appropriate method for calculating or estimating 
the annual per capite costs of providing comprehensive health 
care services to members of the uniformed services on active 
duty and covered beneficiaries.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
''§1101. Resource allocation methods: capitation or diag-
nosis-related groups**. 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 55 of such title is amended to read 
as follows: 
"1101. Resource allocation methods: capitation or diagnosis-related groups.". 
SEC. 715. FEDERAL PREEMPTION REGARDING CONTRACTS FOR MEDI-
CAL AND DENTAL CARE. 
(a) PREEMPTION.—Section 1103 of title 10, United States Code, 
is amended to read as follows: 
''fllOS. Contracts for medical and dental care: State and 
local preemption 
"(a) OCCURRENCE OF PREEMPTION.—A law or regulation of a 
State or local government relating to health insurance, prepaid 
health plans, or other health care delivery or financing methods 
shall not apply to any contract entered into pursuant to this chapter 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1691 
by the Secretary of Defense or the administering Secretaries to 
the extent that the Secretary of Defense or the administering Sec-
retaries determine that— 
"(1) the State or local law or regulation is inconsistent 
with a specific provision of the contract or a regulation promul-
gated by the Secretary of Defense or the administering Secretar-
ies pursuant to this chapter; or 
"(2) the preemption of the State or local law or regulation 
is necessary to implement or administer the provisions of the 
contract or to achieve any other important Federal interest. 
"(b) EFFECT OF PREEMPTION.—^In the case of the preemption 
under subsection (a) of a State or local law or regulation regarding 
financial solvency, the Secretary of Defense or the administering 
Secretaries shall require an independent audit of the prime contrac-
tor of each contract that is entered into pursuant to this chapter 
and covered by the preemption. The audit shall be performed by 
the Defense Contract Audit Agency. 
"(c) STATE DEFINED.—In this section, the term 'State' includes 
the District of Colimibia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and each Terri-
tory and possession of tlie United States.". 
(b) APPLICATION OF AMENDMENT.—Section 1103 of title 10, lo use ii03 
United States Code, as amended by subsection (a), shall apply ^°^-
with respect to any contract entered into under chapter 55 of 
such title before, on, or afi^er the date of the enactment of this 
Act. 
SEC. 716. SPECIALIZED TREATMENT FACIUTY PROGRAM AUTHORITY 
AND ISSUANCE OF NONAVAILABILITY OF HEALTH CARE 
STATEMENTS. 
(a) AUTHORITY.—(1) Section 1105 of title 10, United States 
Code, is amended to read as follows: 
*
*
§ 1105. Specialized treatment facility program 
"(a) PROGRAM AUTHORIZED.—^The Secretary of Defense may con-
duct a specialized treatment facility program pursuant to regula-
tions prescribed by the Secretary of Defense. The Secretary shall Regulations. 
consult with the other administering Secretaries in prescribing 
regulations for the program and in conducting the program. 
"(b) FACILITIES AUTHORIZED TO BE USED.—Under the special-
ized treatment facility program, the Secretary may designate health 
care facilities of the imiiormed services and civilian health care 
facilities as specialized treatment facilities. 
"(c) WAIVER OF NONEMERGENCY HEALTH CARE RESTRICTION.— 
Under the specialized treatment facility program, the Secretary 
may waive, with regard to the provision of a particular service, 
the 40-mile radius restriction set forth in section 1079(aX7) of 
this title if the Secretary determines that the use of a different 
geographical area restriction will result in a more cost-effective 
provision of the service, 
"(d) CIVILIAN FACILITY SERVICE AREA.—For purposes of the 
specialized treatment facility program, the service area of a civilian 
health care facility designated pursuant to subsection (b) shall 
be comparable in size to the service areas of facilities of the uni-
formed services. 
"(e) ISSUANCE OF NONAVAILABILITY OF HEALTH CARE STATE-
MENTS.—^A covered beneficiary who resides within the service area 
107 STAT. 1692 
PUBLIC LAW 103-160—NOV. 30, 1993 
of a specialized treatment facility designated under the specialized 
treatment facility program may be required to obtain a 
nonavailability of health care statement in the case of a specialized 
service ofiTered by the facility in order for the covered beneficiary 
to receive the service outside of the program. 
"(0 PAYMENT OF COSTS RELATED TO CARE IN SPECIALIZED 
TREATMENT FACILITIES.—(1) Subject to paragraph (2), in connection 
with the treatment of a covered beneficiary under the specialized 
treatment facility program, the Secretary may provide the following 
benefits: 
"(A) Full or partial reimbursement of a member of the 
uniformed services for the reasonable expenses incurred by 
the member in transporting a covered beneficiary to or from 
a health care facility of the uniformed services or a civilian 
health care facility at which specialized health care services 
are provided pursuant to this chapter. 
"(B) Full or partial reimbursement of a person (including 
a member of the imiformed services) for the reasonable 
expenses of transportation, temporary lod^ng, and meals (not 
to exceed a per diem rate determined in accordance with 
implementing regulations) incurred by such person in accom-
panying a covered beneficiary as a nonmedical attendant to 
a health care facility referred to in subparagraph (A). 
''(C) In-kind transportation, lodging, or meals instead of 
reimbursements under subparagraph (A) or (B) for transpor-
tation, lodging, or meals, respectively. 
"(2) llie Secretary may make reimbursements for or provide 
transportation, lodging, and meals under paragraph (1) in the case 
of a covered beneficiary only if the total cost to the Department 
of Defense of doing so and of providing the health care in such 
case is less than the cost to the Department of providing the 
health care to the covered beneficiary by other means authorized 
under this chapter. 
"(g) COVERED BENEFICIARY DEFINED.—In this section, the term 
'covered beneficiary' means a person covered under section 1079 
or 1086 of this title. 
"(h) EXPIRATION OF PROGRAM.—The Secretary may not carry 
out the specialized treatment facility program authorized by this 
, section after September 30,1995.". 
(2) The teole of sections at the beginning of chapter 55 of 
such title is amended by striking out the item relating to section 
1105 and inserting in lieu thereof the following: 
"1105. Specialized treatment facility program.". 
(b) 
CLARIFICATION 
OF 
DETERMINATION 
TO 
ISSUE 
NONAVAILABILITY OF HEALTH CARE STATEMENTS.—(1) Section 1080 
of title 10, United Stetes Code, is amended— 
(A) by inserting "(a) ELECTION.—" before "A dependent"; 
^ 
and 
(B) by adding at the end the following new subsection: 
"(b) ISSUANCE OF NONAVAILABILITY OF HEALTH CARE STATE-
MENTS.—^In determining whether to issue a nonavailability of health 
care stetement for a dependent described in subsection (a), the 
conmianding officer of a facility of the uniformed services may 
consider the availability of health care services for the dependent 
pursuant to any contract or agreement entered into imder this 
chapter for the provision of health care services.". 
PUBLIC LAW 103-160—NOV. 30,1993 
107 STAT. 1693 
(2) Section 1086(e) of such title is amended by adding at the 
end the following new sentence: "In addition, section 1080(b) of 
this title shall apply in making the determination whether to issue 
a nonavailability of health care statement for a person covered 
by this section.". 
(c) CONFORMING AMENDMENT.—Section 1079(aX7) of title 10, 
United States Code, is amended by striking out "except that— 
" and all that follows through the semicolon at the end of subpara-
graph (B) and inserting in lieu thereof the following: "except that 
those services may be provided in any case in which another insur-
ance plan or program provides primary coverage for those services;". 
SEC. 717. DELAY OF TERMINATION AUTHORITY REGARDING STATUS 
OF CERTAIN FACILITIES AS UNIFORMED SERVICES TREAT-
MENT FACIUnES. 
(a) TERMINATION AUTHORITY.—Section 1252(e) of the Depart-
ment of Defense Authorization Act, 1984 (42 U.S.C. 248d(e)) is 
amended by striking out "December 31, 1993" in the first sentence 
and inserting in lieu thereof "December 31,1996". 
(b) EVALUATION OF DOD-USTF PARTICIPATION AGREEMENTS.— Reports. 
(1) The Comptroller General of the United States and the Director 
of the Congressional Budget Office shall jointly prepare a report 
evaluating the participation agreements entered into between Uni-
formed Services Treatment Facilities and the Secretary of Defense 
luider the authority of section 718(c) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1587). 
(2) The report required under this subsection shall include 
an evaluation of the following: 
(A) The cost-elTectiveness of the agreements compared to 
other components of the military health care delivery system, 
including the Civilian Health and Medical Program of the Uni-
formed Services. 
(B) The impact of the agreements, during the four-year 
term of the agreements, on the budget and expenditures of 
the Department of Defense for health care programs. 
(C) The cost and other implications of terminating the 
agreements before their expiration. 
(D) The health care services available through the Uni-
formed Services Treatment Facilities imder the agreements 
compared to the health care services available through other 
components of the military health care delivery system. 
(E) The beneficiary cost-sharing requirements of the Uni-
formed Services Treatment Facilities under the agreements 
compared to the beneficiary cost-sharing requirements of other 
components of the military health care delivery system. 
(3) The report required under this subsection shall be submitted 
to Congress not later than six months after the date of the enact-
ment of this Act. 
(4) For purposes of this subsection: 
(A) The term "Uniformed Services Treatment Facilities" 
means those facilities described in section 911(a) of the Military 
Construction Authorization Act, 1982 (42 U.S.C. 248c(a)). 
(B) The term "Civilian Health and Medical Program of 
the Uniformed Services" has the meaning given that term 
in section 1072(4) of title 10, United States Code. 
107 STAT. 1694 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 718. MANAGED-CARE DELIVERY AND REIMBURSEMENT MODEL 
FOR THE UNIFORMED SERVICES TREATMENT FACILITIES. 
(a) TIME FOR OPERATION OF MANAGED-CARE DELIVERY AND 
REIMBURSEMENT MoDEL.—Subsection (c) of section 718 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
42 use 248c 
Law 101-510; 104 Stat. 1587) is amended— 
" 
(1) by striking out the first sentence; and 
(2) by inserting before the second sentence the following: 
"(1) TIME FOR OPERATION.—^Not later than the date of the 
enactment of this Act, the Secretary of Defense shall begin 
operation of a managed-care delivery and reimbursement model 
that will continue to utilize the Uniformed Services Treatment 
Facilities in the military health services system.". 
(b) COPAYMENTS, EVALUATION, AND DEFINITION.—Such sub-
section is further amended by adding at the end the following 
new paragraphs: 
"(2) COPAYMENTS.—A Uniformed Services Treatment Facil-
ity for which there exists a managed-care plan developed as 
part of the model required by this subsection may impose 
reasonable charges for inpatient and outpatient care provided 
to all categories of beneficiaries enrolled in the plan. The sched-
ule and application of such charges shall be in accordance 
with the terms and conditions specified in the plan. 
"(3) EVALUATION OF PERFORMANCE UNDER THE MODEL.— 
(A) The Secretary of Defense shall utilize a federally funded 
research and development center to conduct an independent 
evaluation of the performance of each Uniformed Services 
Treatment Facility operating under a managed-care plan devel-
oped as part of the model required by this subsection. The 
evaluation shall include an assessment of the efficiency of the 
Uniformed Services Treatment Facility in providing health care 
under the plan. The assessment shall be made in the same 
manner as provided in section 712(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1073 note) 
for expansion of the CHAMPUS reform initiative. 
Reports. 
"(B) Not later than December 31, 1995, the center conduct-
ing the evaluation and assessment shall submit to the Secretary 
of Defense and to Congress a report on the results of the 
evaluation and assessment. The report shall include such rec-
ommendations 
regarding the managed-care 
delivery 
and 
reimbursement model under this subsection as the entity 
considers to be appropriate. 
"(4) DEFINITION.—For purposes of this subsection, the term 
TJniformed Services Treatment Facility* means a facility 
described in section 911(a) of the Military Construction 
Authorization Act, 1982 (42 U.S.C. 248c(a)).''. 
SEC. 719. FLEXIBLE DEADLINE FOR CONTINUATION OF CHAMPUS 
REFORM INITIATIVE IN HAWAII AND CAUFORNIA. 
Section 713(bXl) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) 
is amended by striking out "not later than August 1, 1993." and 
inserting in lieu thereof "as soon as practicable after the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 1994.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1695 
SEC. 720. CLARIFICATION OF CONDITIONS ON EXPANSION OF 
CHAMPUS REFORM INITIATIVE TO OTHER LOCATIONS. 
(a) IN GENERAL.—Subsection (a) of section 712 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 1073 note) is amended— 
(1) by inserting "(1)" after "CONDITION.—"; 
(2) in the second sentence, by inserting after "cost-effective-
ness of the initiative" the following: "(while assuring that the 
combined cost of care in military treatment facilities and under 
the Civilian Health and Medical Program of the Uniformed 
Services will not be increased as a result of the expansion)"; 
and 
(3) by adding at the end the following new paragraph: 
"(2) To the extent any revision of the CHAMPUS reform initia-
tive is necessary in order to make the certification required by 
this subsection, the Secretary shall assure that enrolled covered 
beneficiaries may obtain health care services with reduced out-
of-pocket costs, as compared to standard CHAMPUS.". 
(b) DEFINITION.—Subsection (d) of such section is amended 
by adding at the end the following new paragraph: 
"(3) The terms 'Civilian Health and Medical Program of 
the Uniformed Services' and 'CHAMPUS' have the meaning 
given the term 'Civilian Health and Medical Program of the 
Uniformed Services' in section 1072(4) of title 10, United States 
Code.". 
SEC. 721. 
REPORT REGARDING DEMONSTRATION PROGRAMS FOR 
THE 
SALE 
OF 
PHARMACEUTICALS. 
Section 702 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 10 U.S.C. 1079 note) is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) ADDITIONAL REPORT REGARDING PROGRAMS.—Not later than 
January 1, 1994, the Secretary of Defense shall submit to Congress 
a report containing— 
"(1) an evaluation of the feasibility and advisability of 
increasing the size of those areas determined by the Secretary 
under subsection (cX2) to be adversely affected by the closure 
of a health care facility of the uniformed services in order 
to increase the number of persons described in such subsection 
who will be eligible to participate in the demonstration project 
for pharmaceuticals by mail or in the retail pharmacy network 
under this section; 
"(2) an evaluation of the feasibility and advisability of 
expanding the demonstration project and the retail pharmacy 
network under this section to include all covered beneficiaries 
under chapter 55 of title 10, United States Code, including 
those persons currently excluded from participation in the 
Civilian Health and Medical Program of the Uniformed Services 
by operation of section 1086(dXl) of such title; 
"(3) an estimation of the costs that would be incurred, 
and any savings that would be achieved by improving effi-
ciencies of operation, as a result of undertaking the increase 
or expansion described in paragraph (1) or (2); and 
"(4) such recommendations as the Secretary considers to 
be appropriate.". 
107 STAT. 1696 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle C—Other Matters 
10 use 1073 
SEC. 731. USE OF HEALTH MAINTENANCE ORGANIZATION MODEL AS 
note 
OPTION FOR MILITARY HEALTH CARE. 
(a) USE OF MODEL.—^The Secretaiy of Defense shall prescribe 
and implement a health benefit option (and accompanying cost-
sharing requirements) for covered beneficiaries eligible for health 
care under chapter 55 of title 10, United States Code, that is 
modelled on health maintenance organization plans offered in the 
private sector and other similar Government health insurance pro-
grams. The Secretary shall include, to the maximimi extent prac-
ticable, the health benefit option required under this subsection 
as one of the options available to covered beneficiaries in all man-
aged health care initiatives undertaken by the Secretary after the 
date of the enactment of this Act. 
(b) ELEMENTS OF OPTION.—^The Secretary shall offer covered 
beneficiaries who enroll in the health benefit option required under 
subsection (a) reduced out-of-pocket costs and a benefit structure 
that is as imiform as possible throughout the United States. The 
Secretary shall allow enroUees to seek health care outside of the 
option, except that the Secretary may prescribe higher out-of-pocket 
costs than are provided under section 1079 or 1086 of title 10, 
United States Cfode, for enroUees who obtain health care outside 
of the option. 
(c) GOVERNMENT COSTS.—^The health benefit option required 
under subsection (a) shall be administered so that the costs incurred 
by the Secretary under each managed health care initiative that 
includes the option are no greater than the costs that would other-
wise be incurred to provide health care to the covered beneficiaries 
who enroll in the option. 
(d) COVERED BENEFICIARY DEFINED.—For piuposes of this sec-
tion, the term "covered beneficiar)^" means a beneficiary under 
chapter 55 of title 10, United States Code, other than a beneficiary 
under section 1074(a) of such title. 
(e) REGULATIONS.—Not later than February 1, 1994, the Sec-
retary shall prescribe final regulations to implement the health 
benefit option required by subsection (a). 
SEC. 732. CLARIFICATION OF AUTHORITY FOR GRADUATE STUDENT 
PROGRAM OF THE UNIFORMED SERVICES UNIVERSITY OF 
THE HEALTH SCIENCES. 
(a) 
DISTINCTION BETWEEN MEDICAL AND GRADUATE STU-
DENTS.—Section 2114 of title 10, United States Code, is amended— 
(1) in subsection (a), by striking out "Students" in the 
first sentence and inserting in lieu thereof "Medical students"; 
(2) in subsection (b), by striking out "Students" both places 
it appears and inserting in lieu thereof "Medical students"; 
(3) in subsection (d)— 
(A) by striking out "member of the program" in the 
first sentence and inserting in lieu thereof "medical stu-
dent"; and 
(B) by striking out "any such member" in the second 
sentence both places it appears and inserting in lieu thereof 
"any such student"; and 
(4) by adding at the end the following new subsection: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1697 
"(g) The Secretary' of Defense shall establish such selection 
procecuires, service obligations, and other requirements as the Sec-
retary considers appropriate for graduate students (other than medi-
cal students) in a postdoctoral, postgraduate, or technological 
institute established pursuant to section 2113(h) of this title.". 
(b) APPLICATION OF AMENDMENTS.—The amendments made by lo use 2114 
subsection (a) shall apply with respect to students attending the 
^°^-
Uniformed Services University of tne Health Sciences on or after 
the date of the enactment of this Act. 
SEC. 733. AUTHORITY FOR THE ARMED FORCES INSTITUTE 
OF 
PATHOLOGY TO OBTAIN ADDITIONAL 
DISTINGUISHED 
PATHOLOGISTS AND SCIENTISTS. 
Section 176(c) of title 10, United States Code, is amended 
by adding at the end the following new sentence: "The Secretary 
of Defense, on a case-by-case basis, may waive the limitation on 
the nimiber of distinguished pathologists or scientists with whom 
agreements may be entered into un(fer this subsection if the Sec-
retary determines that such waiver is in the best interest of the 
Department of Defense.". 
SEC. 734. AUTHORIZATION 
FOR 
AUTOMATED 
MEDICAL 
RECORD 
CAPABILm TO BE INCLUDED IN MEDICAL INFORMATION 
SYSTEM. 
(a) AUTOMATED MEDICAL RECORD CAPABILITY.—In carrying out 
the acquisition of the Department of Defense medical information 
system referred to in section 704 of the National Defense Authoriza-
tion Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3900), 
the Secretary of Defense may permit an automated medical record 
capability to be included in the system. The Secretary may make 
such modifications to existing contracts, and include such specifica-
tions in future contracts, as the Secretary considers necessary to 
include such a capability in the system. 
(b) PLAN.—^The Secretary of Defense shall develop a plan to 
test the use of automated medical records at one or more military 
medical treatment facilities. Not later than January 15, 1994, the 
Secretary shall submit the plan to the Committees on Armed Serv-
ices of the Senate and House of Representatives. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "medical information system" means a com-
puter-based information system that— 
(A) receives 
data 
normally 
recorded 
concerning 
patients; 
(B) creates and maintains from such data a computer-
ized medical record for each patient; and 
(C) provides access to data for patient care, hospital 
administration, research, and medical care resource plan-
ning. 
(2) The term "automated medical record" means a com-
puter-based information system that— 
(A) is available at the time and place of interaction 
between a patient and a health care provider; 
(B) receives, stores, and provides access to relevant 
patient and other medical information in a single, logical 
patient record that is appropriately organized for clinical 
decisionmaking; and 
(C) maintains patient confidentiality in conformance 
with all applicable laws and regulations. 
107 STAT. 1698 
PUBLIC LAW 103-160—NOV. 30, 1993 
10 use 1074d 
SEC. 735. REPORT ON THE PROVISION OF PRIMARY AND PREVENTIVE 
note 
HEALTH CARE SERVICES FOR WOMEN. 
(a) REPORT REQUIRED.—^The Secretary of Defense shall prepare 
a report evaluating the provision of primary and preventive health 
care services through military medical treatment facilities and the 
Civilian Health and Medical Program of the Uniformed Services 
to female members of the uniformed services and female covered 
beneficiaries eligible for health care under chapter 55 of title 10, 
United States Coide. 
(b) CONTENTS.—^The report required by subsection (a) shall 
contain the following: 
(1) A description of the number and t3rpes of health care 
providers who are providing health care services in militazv 
medical treatment facilities or through the Civilian Health 
and Medical Program of the Uniformed Services to female 
members and female covered beneficiaries. 
(2) A description of the health care programs implemented 
(or planned) by the administering Secretaries to assess the 
health needs of women or to meet the special health needs 
of women. 
(3) A description of the demographics of the population 
of female members and female covered beneficiaries and the 
leading categories of morbidity and mortality among such mem-
bers and beneficiaries. 
(4) A description of any actions, including the use of special 
pays and incentives, imdertaken by the Secretary during fiscal 
year 1993— 
(A) to ensure the retention of health care providers 
who are providing health care services to female members 
and female covered beneficiaries; 
(B) to recruit additional health care providers to pro-
vide such health care services; and 
(C) to replace departing health care providers who 
provided such health care services. 
(5) A description of any existing or proposed programs 
to encourage specialization of health care providers in fields 
related to primary and preventive health care services for 
women. 
(6) An assessment of any difficulties experienced by mili-
tary medical treatment facilities or health care providers under 
the Civilian Health and Medical Program of the Uniformed 
Services in furnishing primary and preventive health care serv-
ices for women and a description of the actions taken by the 
Secretary to resolve such difficulties. 
(7) A description of the actions taken by the Secretary 
to foster and encourage the expansion of research relating 
to health care issues of concern to female members of the 
uniformed services and female covered beneficiaries. 
(c) STUDY OF THE NEEDS OF FEMALE MEMBERS AND FEMALE 
_ 
COVERED BENEFICIARIES FOR HEALTH CARE SERVICES.—(1) As part 
of the report required by subsection (a), the Secretary shall conduct 
a study to determine the needs of female members of the uniformed 
services and female covered beneficiaries for health care services, 
including primary and preventive health care services for women. 
(2) The study shall examine the health care needs of current 
female members and female covered beneficiaries and anticipated 
. future female members and female covered beneficiaries, taking 
PUBLIC LAW 103-160—NOV. 30,1993 
107 STAT. 1699 
into consideration the anticipated size and composition of the Armed 
Forces in the year 2000 and the demographics of the entire United 
States. 
(d) SUBMISSION AND REVISION.—The Secretary shall submit 
to Congress the report required by subsection (a) not later than 
October 1, 1994. The Secretary shall revise and resubmit the report 
to Congress not later than October 1,1999. 
(e) DEFINITIONS.—For purposes of this section: 
(1) The term "primary and preventive health care services 
for women" has the meaning given that term in section 1074d(b) 
of title 10, United States Code, as added by section 701(a)). 
(2) The term "covered beneficiary has the meaning given 
that term in section 1072(5) of such title. 
SEC. 736. INDEPENDENT STUDY OF CONDUCT OF MEDICAL STUDY BY 
ARCTIC AEROMEDICAL LABORATORY, LADD AIR FORCE 
BASE, ALASKA. 
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall 
provide, in accordance with this section, for an independent study 
of the conduct of a series of medical studies performed during 
or prior to 1957 by the Air Force Arctic Aeromedical Laboratory, 
Ladd Air Force Base, /daska. The series of medical studies referred 
to in the preceding sentence was designed to study thyroid activity 
in men exposed to cold and involved the administration of a radio-
active isotope (Iodine 131) to certain Alaska Natives. 
(b) CONDUCT OF REQUIRED STUDY.—The independent study 
required by subsection (a) shall be conducted by the Institute of 
Medicine of the National Academy of Sciences or a similar organiza-
tion. The study shall, at a minimum, include the consideration 
of the following matters: 
(1) Whether the series of medical studies referred to in 
subsection (a) was conducted in accordance with generally 
accepted guidelines for the use of human participants in medical 
experimentation. 
(2) Whether Iodine 131 dosages in the series of medical 
studies were administered in accordance with radiation expo-
sure standards generally accepted as of 1957 and with radiation 
exposure standards generally accepted as of 1993. 
(3) The guidelines that should have been followed in the 
conduct of the series of medical studies, including sidelines 
regarding notification of participants about any possible risks. 
(4) Whether subsequent studies of the participants should 
have been provided for and conducted to determine whether 
any participants suffered long term ill effects of the administra-
tion of Iodine 131 and, in the case of such ill effects, needed 
medical care for such effects. 
(c) DIRECT OR INDIRECT DOD INVOLVEMENT.—The Secretary 
may provide for the conduct of the independent study required 
by subsection (a) either— 
(1) by entering into an agreement with an independent 
organization referred to in subsection (b) to conduct the study; 
or 
(2) by transferring to the Secretary of the Interior, the 
Secretary of Health and Human Services, or the head of another 
department or agency of the Federal Government the fimds 
necessary to carry out the study in accordance with subsection 
(b). 
107 STAT. 1700 
PUBLIC LAW 103-160—NOV. 30, 1993 
(d) REPORT.—^The Secretary of Defense or the head of the 
department or agency of the Federal Government who provides 
for carrying out the independent study required by suosection 
(a), as the case may be, shall submit to Congress a report 
on the results of the study, including the matters referred to 
in subsection (b). 
SEC. 737. AVAILABIUIY OF REPORT REGARDING THE CHAMPUS 
CHIROPRACTIC DEMONSTRATION. 
(a) AVAILABILITY OF REPORT.—Subject to subsection (b), the 
Secretary of Defense shall laake available to interested persons 
upon request the report prepared by the Secretary evaluating the 
chiropractic demonstration that was conducted under the Civilian 
Health and Medical Program of the Uniformed Services and com-
pleted on March 31, 1992. The Secretary shall include with the 
report all data and analyses related to the aemonstration. 
(b) CHARGES.—^The cost of making the report and related 
information available imder subsection (a) shall be borne by the 
recipients at the discretion of the Secretary. 
SEC. 738. SENSE OF CONGRESS REGARDING THE PROVISION OF ADE-
QUATE MEDICAL CARE TO COVERED BENEFICIARIES 
UNDER THE MILITARY MEDICAL SYSTEM. 
(a) SENSE OF CONGRESS.—In order to provide covered bene-
ficiaries under chapter 55 of title 10, United States Code, especially 
retired military personnel, with greater access to health care in 
medical facilities of the uniformed services, it is the sense of Con-
gress that the Secretary of Defense should encourage the increased 
use in such facilities of physicians, dentists, or other health care 
professionals who are members of the reserve components of the 
Armed Forces and who are performing active duty, full-time 
National Guard duty, or inactive-duty training, if service in such 
facilities is consistent with the other military training requirements 
of these members. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term "retired military personnel" means persons 
who are eligible for health care in medical facilities of the 
uniformed services under section 1074(b) of title 10, United 
States Code. 
(2) The terms "active dutf, "full-time National Guard 
dutv^, and "inactive-duty trainmg" have the meanings given 
such terms in section 101(d) of such title. 
TITLE Vni—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—^Defense Technology and Indus-
trial Base, Reinvestment and Conversion 
SEC. 801. 
INDUSTRIAL PREPAREDNESS MANUFACTURING TECH-
NOLOGY 
PROGRAM. 
(a) PROGRAM AUTHORIZED.—(1) Subchapter IV of chapter 148 
of title 10, United States Code, is amended by adding at the end 
the following new section: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1701 
''§2525. Industrial Preparedness Manufacturing Technology 
Program 
The Secretary of Defense shall establish an Industrial 
Preparedness Manufacturing Technology program to enhance the 
capability of industry to meet the manufacturing needs of the 
Department of Defense.'". 
(2) The table of sections at the beginning of subchapter IV 
of such chapter is amended by adding at the end the following: 
'^525. Industrial Preparedness Manufacturing Technology Program.". 
(b) FUNDING.—Of the amounts authorized to be appropriated 
under section 201(d), $112,500,000 shall be available for the Indus-
trial Preparedness Manufacturing Technology Program under sec-
tion 2525 of title 10, United States Code, as added by subsection 
(a). 
SEC. 802. UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM. 
10 USC 2358 
(a) ESTABLISHMEN1\—The Secretary of Defense, through the 
Director of Defense Research and Engineering, shall establish a 
University Research Initiative Support Program. 
(b) PURPOSE.—^Under the program, the Director shall award 
grants and contracts to eligible institutions of higher education 
to support the conduct of research and development relevant to 
reqmrements of the Department of Defense. 
(c) ELIGIBILITY.—An institution of higher education is eligible 
for a grant or contract under the program if the institution has 
received less than a total of $2,000,000 in grants and contracts 
from the Department of Defense in the two fiscal years before 
the fiscal year in which the institution submits a proposal for 
such grant or contract. 
(d) COMPETITION REQUIRED.—The Director shall use competi-
tive procedures in awarding grants and contracts under the pro-
gram. 
(e) SELECTION PR(X3ESS.—In awarding grants and contracts 
under the program, the Director shall use a merit-based selection 
process that is consistent with the provisions of section 2361(a) 
of title 10, United Stetes Code. Such selection process shall require 
that each person selected to participate in such a merit-based 
selection process be a member of the faculty or staff of an institution 
of higher education that is a member of the National Association 
of State Universities and Land Grant Colleges or the American 
Association of State Colleges and Universities. 
(f) REGULATIONS.—Not later than 90 days after the date of 
the enactment of this Act, the Director shall prescribe regulations 
for carrying out the program. 
(g) FINDING.—Of the amounts authorized to be appropriated 
imder section 201, $20,000,000 shall be available for the University 
Research Initiative Support Program. 
SEC. 803. OPERATING COMMITTEE OF THE CRITICAL TECHNOLOGIES 
INSTITUTE. 
Section 822(c) of the National Defense Authorization Act for 
Fiscal Year 1991 (42 U.S.C. 6686(c)) is amended to read as follows: 
"(c) OPERATING COMMITTEE.—(1) The Institute shall have an 
Operating Committee composed of six members as follows: 
^A) The Director of the Office of Science and Technology 
Policv, who shall chair the committee. 
(B) The Director of the National Institutes of Health. 
107 STAT. 1702 
PUBLIC LAW 103-160—NOV. 30, 1993 
: 
"(C) The Under Secretary of Commerce for Technology. 
"(D) The Director of the Advanced Research Projects 
Agency. 
"(E) The Director of the National Science Foundation. 
"(F) The Under Secretary of Energy having responsibility 
for science and technology matters. 
"(2) The Operating Committee shall meet not less than four 
times each year.". 
Subtitle B—Acquisition Assistance 
Programs 
Regulations. 
10 u s e 2323 
note. 
Publication. 
Publication. 
SEC. 811. CONTRACT GOAL FOR DISADVANTAGED SMALL BUSINESSES 
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION. 
(a) SCOPE OF REFERENCE TO HISTORICALLY BLACK COLLEGES 
A
N
D UNIVERSITIES.—Subparagraph (B) of section 2323(a)(1) of title 
10, United States Code, is amended to read as follows: 
"(B) historically Black colleges and universities, including 
any nonprofit research institution that was an integral part 
of such a college or university before November 14, 1986;". 
(b) DEFINITION OF MINORITY INSTITUTION.—Subparagraph (C) 
of section 2323(aXl) of title 10, United States Code, is amended 
to read as follows: 
"(C) minority institutions (as defined in section 1046(3) 
of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)), 
which, for the purposes of this section, shall include Hispanic-
serving institutions (as defined in section 316(b)(1) of such 
Act (20 U.S.C. 1059c(bXl)).''. 
(c) AWARD ELIGIBILITY.—Section 2323(0(2) of title 10, United 
States Code, is amended to read as follows: 
"(2) The Secretary of Defense shall prescribe regulations that 
prohibit awarding a contract under this section to an entity 
described in subsection (a)(1) unless the entity agrees to comply 
with the requirements of section 15(oXl) of the Small Business 
Act (15 U.S.C. 644(0X1)).". 
(d) IMPLEMENTING REGULATIONS.—(1) The Secretary of Defense 
shall propose amendments to the Department of Defense Supple-
ment to the Federal Acquisition Regulation that address the matters 
described in subsection (g) and subsection (h)(2) of section 2323 
of title 10, United States Code. 
(2) Not later than 15 days sdter the date of the enactment 
of this Act, the Secretary shall publish such proposed amendments 
in accordance with section 22 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 418b). The Secretary shall provide a period 
of at least 60 days for public comment on the proposed amendments. 
(3) The Secretary shall publish the final regulations not later 
than 120 days after the date of the enactment of this Act. 
(e) INFORMATION ON PROGRESS IN PROVIDING INFRASTRUCTURE 
ASSISTANCE REQUIRED IN ANNUAL REPORT.—Section 2323(iX3) of 
title 10, United States Code, is amended by adding at the end 
the following: 
"(D) A detcdled description of the infrastructure assistance 
provided under subsection (c) diiring the preceding fiscal year 
and of the plans for providing such assistance during the fiscal 
year in which the report is submitted.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1703 
({) FUNDING.—Of the amounts authorized to be appropriated 
for fiscal year 1994 pursuant to title II of this Act, $15,000,000 
shall be available for such fiscal year for infrastructure assistance 
to historically Black colleges and universities and minority institu-
tions under section 2323(cX3) of title 10, United States Code. 
SEC. 812. PROCUREMENl' TECHNICAL ASSISTANCE PROGRAMS. 
(a) PROCUREMENT TECHNICAL ASSISTANCE PROGRAM FUND-
ING.—Of the amount authorized to be appropriated in section 301(5), 
$12,000,000 shall be available for canying out the provisions of 
chapter 142 of title 10, United States Code. 
(b) SPECIFIC PROGRAMS.—Of the amount made available pursu-
ant to subsection (a), $600,000 shall be available for fiscal year 
1994 for the purpose of carrying out programs sponsored by eligible 
entities referred to in subparagraph (D) of section 2411(1) of title 
10, United States Code, that provide procurement technical assist-
ance in distressed areas referred to in subparagraph (B) of section 
2411(2) of such title. If there is an insufiicient number of satisfac-
tory proposals for cooperative agreements in such distressed areas 
to allow for effective use of the fimds made available in accordance 
with this subsection in such areas, the funds shall be allocated 
among the Defense Contract Administration Services regions in 
accordance with section 2415 of such title. 
SEC. 813. PILOT 
MENTOR-PROTEGE 
PROGRAM 
FUNDING 
AND 
IMPROVEMENTS. 
(a) FUNDING.—Of the amounts authorized to be appropriated 
for fiscal year 1994 pursuant to title I of this Act, $50,000,000 
shall be available for conducting the pilot Mentor-Protege Program 
established pursuant to section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 
U.S.C. 2301 note). 
(b) REGULATIONS.~(1) The fifth sentence of section 831(k) of 
the National Defense Authorization Act for Fiscal Year 1991 (10 
U.S.C. 2301 note) is amended to read as follows: 'The Department 
of Defense policy regarding the pilot Mentor-Protege Program shall 
be published and maintained as an appendix to the Department 
of Defense Supplement to the Federal Acquisition Regulation.". 
(2) The Secretary of Defense shall ensure that, within 30 days 
after the date of the enactment of this Act, the Department of 
Defense policy regarding the pilot Mentor-Protege Program, as in 
effect on September 30, 1993, is incorporated into the Department 
of Defense Supplement to the Federal Acquisition Regulation as 
an appendix. Revisions to such policy (or any successor policy) 
shall be published and maintained in such supplement as an 
appendix. 
(c) EXTENSION OF PROGRAM ADMISSIONS.—Section 831(j)(l) of 
the National Defense Authorization Act for Fiscal Year 1991 (10 
U.S.C. 2301 note) is amended by striking out "September 30, 1994" 
and inserting in lieu thereof "September 30,1995". 
107 STAT. 1704 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle C—^Provisions to Revise and Con-
solidate 
Certain 
Defense 
Acquisition 
Laws 
SEC. 821. REPEAL AND AMENDMENT OF OBSOLETE, REDUNDANT, OR 
OTHERWISE 
UNNECESSARY 
LAWS 
APPUCABLE 
TO 
DEPARTMENT OF DEFENSE GENERALLY. 
(a) REPEALS.—^The following provisions of law are repealed: 
(1) Chapter 135 of title 10, United States Code (relating 
to encouragement of aviation). 
(2) Section 2317 of title 10, United States Code (relating 
to encouragement of competition and cost savings). 
(3) Section 2362 of title 10, United States Code (relating 
to testing requirements for wheeled or tracked vehicles). 
(4) Section 2389 of title 10, United States Code (relating 
to purchases from the Commodity Credit Corporation and price 
adjustments for contracts for procurement of milk). 
(5) Sections 2436 and 2437 of title 10, United States Code 
(relating to defense enterprise programs). 
(6) Section 821 of Public Law 101-189 (103 Stat. 1503) 
(relating to certificate of independent price determination in 
certain Department of Defense contract solicitations). 
(b) DELETION OF EXPIRING REPORT REQUIREMENT.—Effective 
February 1, 1994, section 2361 of title 10, United States Code, 
is amended by striking out subsection (c). 
SEC. 822. EXTENSION TO DEPARTMENT OF DEFENSE GENERALLY OF 
CERTAIN ACQUISITION LAWS APPLICABLE TO THE ARMY 
AND AIR FORCE. 
(a) INDUSTRIAL MOBILIZATION.—(1) Subchapter V of chapter 
148 of title 10, United States Code, is amended by adding at 
the end the following new sections: 
*'§2538. Industrial mobilization: orders; priorities; posses-
sion of manufacturing plants; violations 
"(a) ORDERING AUTHORITY.—In time of war or when war is 
imminent, the President, through the Secretary of Defense, may 
order from any person or organized manufacturing industry nec-
essary products or materials of the tjrpe usually produced or capable 
of being produced by that person or industry. 
"(b) COMPLIANCE WITH ORDER REQUIRED.—A person or industry 
with whom an order is placed under subsection (a), or the respon-
sible head thereof, shall comply with that order and give it prece-
dence over all orders not placed under that subsection. 
"(c) SEIZURE OF MANUFACTURING PLANTS UPON NONCOMPLI-
ANCE.—In time of war or when war is imminent, the President, 
through the Secretary of Defense, ma^ take immediate possession 
of any plant that is equipped to manumcture, or that in the opinion 
of the Secretary of Defense is capable of being readily transformed 
into a plant for manufacturing, arms or ammunition, parts thereof, 
or necessary supplies for the armed forces if the person or industry 
owning or operating the plant, or the responsible head thereof, 
refuses— 
"(1) to give precedence to the order as prescribed in sub-
section (b); 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1705 
"(2) to manufacture the kind, quantity, or quality of arms 
or ammunition, parts thereof, or necessary supplies, as ordered 
by the Secretary; or 
"(3) to furnish them at a reasonable price as determined 
by the Secretary. 
"(d) USE OF SEIZED PLANT.—The President, through the Sec-
retary of Defense, may manufacture products that are needed in 
time of war or when war is imminent, in any plant that is seized 
under subsection (c). 
"(e) COMPENSATION REQUIRED.—Each person or industry from 
whom products or materials are ordered under subsection (a) is 
entitled to fair and just compensation. Each person or industry 
whose plant is seized under subsection (c) is entitled to a fair 
and just rental. 
"(D CRIMINAL PENALTY.—Whoever fails to comply with this 
sectirin shall be imprisoned for not more than three years and 
fined under title 18. 
*
*
§ 2£>39. Industrial mobilization: plants; lists 
"(a) LIST OF PLANTS EQUIPPED TO MANUFACTURE ARMS OR 
AMMUNITION.—^The Secretary of Defense may maintain a list of 
all i>rivately owned plants in the United States, and the territories, 
Commonwealths, and possessions of the United States, that are 
equipped to manufacture for the armed forces arms or ammunition, 
or parts thereof, and may obtain complete information of the kinds 
of those products manufactured or capable of being manufactured 
by each of those plants,, and of the equipment and capacity of 
each of those plants. 
"(b) 
LIST OF PLANTS CONVERTIBLE INTO AMMUNITION FAC-
TORIES.—^The Secretary of Defense may maintain a list of privately 
owned plants in the United States, and the territories, (Common-
wealths, and possessions of the United States, that are capable 
of being readily transformed into factories for the manufacture 
of ammiuiition for the armed forces and that have a capacity suffi-
cient to warrEuit conversion into ammunition plants in time of 
war or when war is imminent, and may obtain complete information 
as to the equipment of each of those plants. 
"(c) CONVERSION PLANS.—^The Secretary of Defense may prepare 
comprehensive plans for converting each plant listed pursuant to 
subsection (b) into a factory for the manufacture of ammunition 
or parts thereof. 
*'§2540. Industrial mobilization: Board on Mobilization of 
Industries Essential for Military Preparedness 
"The President may appoint a nonpartisan Board on Mobiliza-
tion of Industries Essenitial for Military Preparedness, and may 
provide necessary cleriail assistance, to organize and coordinate 
operations under sections 2538 and 2539 of this title.". 
(2) Sections 4501, 4502, 9501, and 9502 of title 10, United 
States Code, are repealed. 
(b) AVAILABILITY OF SAMPLES, DRAWINGS, INFORMATION, EQUIP-
MENT, MATERIALS, AND CERTAIN SERVICES.—(1) Subchapter V of 
chapter 148 of title 10, United States Code, is further amended 
by adding at the end the following: 
107 STAT. 1706 
PUBLIC LAW 103-160—NOV. 30, 1993 
''§2541. Availability 
of 
samples, 
drawings, 
information, 
equipment, materials, and certain services 
Regulations. 
«(a) AUTHORITY.—The Secretary of Defense and the secretaries 
of the mihtary departments, under regulations prescribed by the 
Secretary of Defense and when determined by the Secretary of 
Defense or the Secretary concerned to be in the interest of national 
defense, may each— 
"(1) sell, lend, or give samples, drawings, and manufactur-
ing or other information (subject to the rights of third parties) 
to any person or entity; 
"(2) sell or lend government equipment or materials to 
any person or entity— 
"(A) for use in independent research and development 
programs, subject to the condition that the equipment or 
material be used exclusively for such research and develop-
ment; or 
"(B) for use in demonstrations to a friendly foreign 
V. 
government; and 
"(3) make available to any person or entity, at an appro-
priate fee, the services of any government laboratory, center, 
range, or other testing facility for the testing of materials, 
equipment, models, computer software, and other items. 
"(b) CONFIDENTIALITY OF TEST RESULTS.—The results of tests 
performed with services made available under subsection (a)(3) 
are confidential and may not be disclosed outside the Federal 
Government without the consent of the persons for whom the tests 
are performed. 
"(c) FEES.—Fees for services made available under subsection 
(aX3) shall be established in the regulations prescribed pursuant 
to subsection (a). Such fees may not exceed the amount necessary 
to recoup the direct costs involved, such as direct costs of utilities, 
contractor support, and salaries of personnel that are incurred 
by the United States to provide for the testing. 
"(d) USE OF FEES.—Fees received for services made available 
under subsection (aX3) may be credited to the appropriations or 
other funds of the activity making such services available.". 
(2) Section 2314 of title 10, United States Code, is amended 
by inserting "or sale" after "procurement". 
(3) Sections 4506, 4507, 4508, 9506, and 9507 of title 10, United 
States Code, are repealed. 
(c) PROCUREMENT FOR EXPERIMENTAL PURPOSES.—(1) Chapter 
139 of title 10, United States Code, is amended by adding at 
the end the following new section: 
^§ 2373. Procurement for experimental purposes 
"(a) AUTHORITY.—^The Secretary of Defense and the Secretaries 
of the military departments may each buy ordnance, signal, and 
chemical activity supplies, including partis and accessories, and 
designs thereof, that the Secretary of Defense or the Secretary 
concerned considers necessary for experimental or test purposes 
in the development of the best supplies that are needed for the 
national defense. 
"(b) PROCEDURES.—Purchases under this section may be made 
inside or outside the United States and by contract or otherwise. 
Chapter 137 of this title applies when such purchases are made 
in quantity.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1707 
(2) Sections 4504 and 9504 of title 10, United States Code, 
are repealed. 
(d) ACCEPTANCE OF GRATUITOUS SERVICES OF CERTAIN RESERVE 
OFFICERS.—(1) Chapter 11 of title 10, United States Code, is 
amended by inserting after section 278 the following new section: 
*
*
§ 279. Authority to accept certain gratuitous services of offi-
cers 
**Notwithstanding section 1342 of title 31, the Secretary of 
a military department may accept the gratuitous services of an 
officer of a reserve component under the Secretary's jurisdiction 
(other than an officer of the Army National Guard of the United 
States or the Air National Guard of the United States)— 
"(1) in the furtherance of the enrollment, organization, 
£ind training of that officei^s reserve component or the Reserve 
Officers' Training Corps; or 
"(2) in consultation upon matters relating to the armed 
(2) Sections 4541 and 9541 of title 10, United States Code, 
are repealed. 
SEC. 823. REPEAL OF CERTAIN ACQUISITION LAWS APPUCABLE TO 
THE ARMY AND AIR FORCE. 
The following provisions of subtitles B and D of title 10, United 
States Code, are repealed: 
(1) Sections 4505 and 9505 (relating to procurement of 
production equipment). 
(2) Sections 4531 and 9531 (relating to procurement 
authorization). 
(3) Section 4533 (relating to Army rations). 
(4) Sections 4534 and 9534 (relating to subsistence supplies, 
contract stipulations, and place of delivery on inspection). 
(5) Sections 4535 and 9535 (relating to purchase of excep-
tional subsistence supplies without advertising). 
(6) Sections 4537 and 9537 (relating to assistance of United 
States mapping agencies with military surveys and maps). 
(7) Sections 4538 and 9538 (relating to exchange and rec-
lamation of unserviceable ammunition). 
SEC. 824. CONSOLIDATION, REPEAL, AND AMENDMENT OF CERTAIN 
ACQUISITION LAWS APPUCABLE TO THE NAVY. 
(a) REPEALS.—^The following provisions of subtitle C of title 
10, United States Code, are repealed: 
(1) Section 7201 (relating to research and development, 
procurement, and construction of guided missiles). 
(2) Section 7210 (relating to purchase of patents, patent 
applications, and licenses). 
(3) Section 7213 (relating to relief of contractors and their 
employees from losses by enemy action). 
(4) Section 7230 (relating to sale of degaussing equipment). 
(5) Section 7296 (relating to availability of appropriations 
for other purposes). 
(6) Section 7298 (relating to conversion of combatants and 
auxiliaries). 
(7) Section 7301 (relating to estimates required for bids 
on construction). 
(8) Section 7310 (relating to constructing combatant ves-
sels). 
107 STAT. 1708 
PUBLIC LAW 103-160—NOV. 30, 1993 
(9) Chapter 635 (relating to naval aircraft). 
(10) Section 7366 (relating to limitation on appropriations 
for naval salvage facilities). 
(b) 
REVISION AND STREAMLINING OF CERTAIN PROVISIONS 
RELATING TO NAVAL VESSELS.—Chapter 633 of such title is amended 
by striking out sections 7304, 7305, 7306, 7307, 7308, and 7309 
and inserting in lieu thereof the following: 
''§7304. Examination of vessels; striking of vessels from 
Naval Vessel Register 
"(a) BOARDS OF OFFICERS TO EXAMINE NAVAL VESSELS.—The 
Secretary of the Navy shall designate boards of naval officers to 
examine naval vessels, including unfinished vessels, for the purpose 
of making a recommendation to the Secretary as to which vessels, 
if any, should be stricken from the Naval Vessel Register. Each 
vessel shall be examined at least once every three years if 
practicable. 
"(b) ACTIONS BY BOARD.—^A board designated under subsection 
(a) shall submit to the Secretary in writing its recommendations 
as to which vessels, if any, among those it examined should be 
stricken from the Naval Vessel Register. 
"(c) ACTION BY SECRETARY.—^If the Secretary concurs with a 
recommendation by a board that a vessel should be stricken from 
the Naval Vessel Register, the Secretary shall strike the name 
of that vessel from the Naval Vessel Register. 
''§7305. Vessels stricken fr^m Naval Vessel Register: sale 
"(a) APPRAISAL OF VESSELS STRICKEN FROM NAVAL VESSEL 
REGISTER.—^The Secretary of the Navy shall appraise each vessel 
stricken from the Naval Vessel Register under section 7304 of 
this title. 
"(b) AUTHORITY TO SELL VESSEL.—If the Secretary considers 
that the sale of the vessel is in the national interest, the Secretary 
may sell the vessel. Any such sale shall be in accordance with 
regulations prescribed by the Secretary for the purposes of this 
section. 
"(c) PROCEDURES FOR SALE.—(1) A vessel stricken from the 
Naval Vessel Register and not subject to disposal under any other 
law may be sold imder this section. In such a case, the Secretary 
may sell the vessel to the highest acceptable bidder, regardless 
of the appraised value of the vessel, after the vessel is publicly 
advertised for sale for a period of not less than 30 days. 
"(2) If the Secretary determines that the bid prices for a vessel 
received after advertising under paragraph (1) are not acceptable 
and that readvertising will serve no useful purpose, the Secretary 
may sell the vessel by negotiation to the highest acceptable bidder 
i
f
— 
"(A) each responsible bidder has been notified of intent 
to negotiate and nas been given a reasonable opportunity to 
negotiate; and 
"(B) the negotiated price is— 
"(i) higher than the highest rejected price of any 
responsible bidder; or 
"(ii) reasonable and in the national interest. 
**(d) APPLICABILITY.—^This section does not apply to a vessel 
the disposal of which is authorized by the Federal Property and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1709 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), if 
it is to be disposed of under that Act. 
^§7306. Vessels stricken from Naval Vessel Register; cap-
tured vessels: transfer by gift or otherwise 
"(a) AUTHORITY TO MAKE TRANSFER.—Subject to subsections 
(c) and (d) of section 602 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 474), the Secretary of the Navy 
may transfer, by gift or otherwise, any vessel stricken from the 
Naval Vessel Register, or any captured vessel, to— 
"(1) any State, Commonwealth, or possession of the United 
States or any mimicipal corporation or political subdivision 
thereof; 
"(2) the District of Columbia; or 
"(3) any not-for-pi-ofit or nonprofit entity. 
"(b) VESSEL TO BE 1»IAINTAINED IN CONDITION SATISFACTORY 
TO SECRETARY.—^An agreement for the transfer of a vessel under 
subsection (a) shall include a re<^uirement that the transferee will 
maintain the vessel in a condition satisfactory to the Secretary. 
"(c) TRANSFERS TO BE AT NO COST TO UNITED STATES.—Any 
transfer of a vessel under this section shall be made at no cost 
to the United States. 
"(d) NOTICE TO CONGRESS.—(1) No transfer under this section 
takes effect unless— 
"(A) notice of the proposal to make the transfer is sent 
to Congress; and 
"(B) 60 days of continuous session of Congress have expired 
following the date on which such notice is sent to Congress. 
"(2) For purposes of paragraph (1X6), the continuity of a session 
of Congress is oroken only by an adjournment of the Congress 
sine die, and the days on which either House is not in session 
because of an adjournment of more than 3 days to a day certain 
are excluded in the computation of such 60-day period. 
^§ 7306a. Vessels stricken from Naval Vessel Register: use 
for experimental purposes 
"(a) AUTHORITY.—^The Secretary of the Navy may use for experi-
mental purposes any vessel stricken from the Naval Vessel Register. 
"(b) STRIPPING VESSEL.—(1) Before using a vessel for an experi-
mental purpose pursuant to subsection (a), the Secretary shall 
carry out such stripping of the vessel as is practicable. 
"(2) Amoimts received as proceeds from the stripping of a 
vessel pursuant to this suibsection shall be credited to appropriations 
available for the procurement of scrapping services needed for such 
stripping. Amounts received which are in excess of amounts needed 
for procuring such services shall be deposited into the general 
fund of the Treasury. 
*
*
§ 7307. Disposals to foreign nations 
"(a) LARGER OR NEWER VESSELS.—A naval vessel that is in 
excess of 3,000 tons or that is less than 20 years of age may 
not be disposed of to another nation (whether by sale, lease, grant, 
loan, barter, transfer, or otherwise) imless the disposition of that 
vessel is approved by law enacted after August 5, 1974. A lease 
or loan of such a vessel under such a law may be made only 
in accordance vsrith the provisions of chapter 6 of the Arms Export 
107 STAT. 1710 
PUBLIC LAW 103-160—NOV. 30, 1993 
President. 
Control Act (22 U.S.C. 2796 et seq.) or chapter 2 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.). 
"(b) OTHER VESSELS.—(1) A naval vessel not subject to sub-
section (a) mav be disposed of to another nation (whether by sale, 
lease, grant, loan, bsurter, transfer, or otherwise) in accordance 
with applicable provisions of law, but only after— 
"(A) the Secretary of the Navy notifies the Committees 
on Armed Services of the Senate and House of Representatives 
in writing of the proposed disposition; and 
"(B) 30 davs of continuous session of Congress have expired 
following the date on which such notice is sent to those commit-
tees. 
"(2) For purposes of paragraph (IXB), the continuity of a session 
of Congress is oroken only by an a4Joumment of the Congress 
sine die, and the days on which either House is not in session 
because of an acyoumment of more than 3 days to a day certain 
are excluded in the computation of such 30-day period. 
*
*
§ 7308. Chief of Naval Operations: certification required for 
disposal of combatant vessels 
"Notwithstanding any other provision of law, no combatant 
vessel of the Navy may be sold, transferred, or otherwise disposed 
of unless the Chief of Naval Operations certifies that it is not 
essential to the defense of the United States. 
^§7309. Construction 
of vessels 
in 
foreign 
shipyards: 
prohibition 
"(a) PROHIBITION.—Except as provided in subsection (b), no 
vessel to be constructed for any of the armed forces, and no major 
component of the hull or superstructure of any such vessel, may 
be constructed in a foreign shipyard. 
"(b) 
PRESIDENTIAL 
WAIVER 
FOR 
NATIONAL 
SECURITY 
INTEREST.—(1) The President may authorize exceptions to the 
prohibition in subsection (a) when the President determines that 
it is in the national security interest of the United States to do 
so. 
"(2) The President shall transmit notice to Congress of any 
such determination, and no contract may be made pursuant to 
the exception authorized until the end of the 30-day period begin-
ning on the date on which the notice of the determination is received 
by Congress. 
"(c) EXCEPTION FOR INFLATABLE BOATS.—An inflatable boat 
or a rigid inflatable boat, as defined bv the Secretary of the Navy, 
is not a vessel for the purpose of the restriction in subsection 
(a). 
*
*
§ 7310. Overhaul, repair, etc. of vessels in foreign shipyards: 
restrictions 
"(a) VESSELS WITH HOMEPORT IN UNITED STATES.—A naval 
vessel (or any other vessel under the jurisdiction of the Secretary 
of the Navy) the homeport of which is in the United States may 
not be overhauled, repaired, or maintained in a shipyard outside 
the United Stetes, other than in the case of voyage repairs. 
"(b) VESSEL CHANGING HOMEPORTS.—In the case of a naval 
vessel the homeport of which is not in the United States (or a 
territory of the United Stetes), the Secreteiv of the Navy may 
not during the 15-month period preceding the planned reassignment 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1711 
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 he for a period 
of more than six months.". 
SEC. 825. ADDITIONAL AUTHORITY TO CONTRACT FOR FUEL STOR-
AGE AND MANAGEMENT. 
(a) REVISION OF AUTHORITY.—Section 2388 of title 10, United 
States Code, is amended— 
(1) by striking out subsections (a) and (b) and inserting 
in lieu thereof the following: 
"(a) AUTHORITY TO CONTRACT.—The Secretary of Defense and 
the Secretary of a military department may each contract for storage 
facilities for, or the storage, handling, or distribution of, liquid 
fuels and natural gas. 
"(b) PERIOD OF CONTRACT.—^The period of a contract entered 
into under subsection (a) may not exceed 5 years. However, the 
contract may provide options for the Secretary to renew the contract 
for additional periods of not more than 5 years each, but not 
for more than a total of 20 years."; and 
(2) in subsection (c), by inserting "OPTION To PURCHASE 
FACILITY.—" after "(c)". 
(b) SECTION HEADING AMENDMENT.—The heading of section 
2388 of such title is amended to read as follows: 
*'§2388. Liquid fuels and natural gas: contracts for storage, 
handling, or distributiGn**. 
SEC. 826. ADDITIONAL AUTHORITY RELATING TO THE ACQUISITION 
OF PETROLEUM AND NATURAL GAS. 
(a) ACQUISITION, SAI^, AND EXCHANGE OF NATURAL GAS.— 
Section 2404 of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter above paragraph (1), by inserting 
"or natural gas" after "petroleum"; 
(B) in paragraph (1)— 
(i) by inserting "or natural gas market conditions, 
as the case may be," after "petroleum market condi-
tions"; and 
(ii) by inserting "or acquisition of natural gas, 
respectively," aft«r "acquisition of 
jpetroleum"; and 
(C) in paragraph (2), by inserting "or natural gas, 
as the case may be," aft«r "petroleum"; and 
(2) in subsection (b), bv inserting "or natural gas" in the 
second sentence aher "petroleiun". 
(b) EXPANSION OF EXCHANGE AUTHORITY.—Subsection (c) of 
such section is amended to read as follows: 
"(c) EXCHANGE AUTHORITY.—The Secretary of Defense may 
acquire petroleum, petroleum-related services, natural gas, or natu-
ral gas-related services by exchange of petroleum, petroleum-related 
services, natural gas, or natural gas-related services.". 
(c) SALE OF PETROLEUM AND NATURAL GAS.—Such section is 
further amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section (d.): 
"(d) AUTHORITY TO SELL.—The Secretary of Defense may sell 
petroleum or natural gas of the Department of Defense if the 
107 STAT. 1712 
PUBLIC LAW 103-160—NOV. 30, 1993 
Secretary determines that the sale would be in the public interest. 
The proceeds of such a sale shall be credited to appropriations 
of the Department of Defense for the acquisition or petroleum, 
petroleum-related services, natural gas, or natural gas-related serv-
ices. Amounts so credited shall be available for obligation for the 
same period as the appropriations to which the amounts are 
credited.". 
(d) TECHNICAL A
N
D CLERICAL AMENDMENTS.— 
(1) SUBSECTION CAPTIONS.—Section 2404 of title 10, United 
States Code, is amended— 
(A) in subsection (a), by inserting "WAIVER AUTHOR-
ITY.—" after "(a)"; 
(B) in subsection (b), by inserting "SCOPE OF 
WAIVER.—" after "(b)"; and 
(C) in subsection (e), as redesignated by subsection 
(cXl), by inserting "PETROLEUM DEFINED.— after "(e)". 
(2) SECTION HEADING.—The heading of such section is 
amended to read as follows: 
'^§ 2404. Acquisition of petroleum and natural gas: authority 
to waive contract procedures; acquisition by 
exchange; sales authorit3r^. 
SEC. 827. AMENDMENT OF RESEARCH AUTHORITIES. 
(a) AUTHORITY TO CONDUCT BASIC, ADVANCED, AND APPLIED 
RESEARCH.—Section 2358 of title 10, United States Code, is 
amended to read as follows: 
^§ 2358. Research projects 
"(a) AUTHORITY.—^The Secretary of Defense or the Secretary 
of a military department may engage in basic, advanced, and 
applied research and development projects that— 
"(1) are necessary to the responsibilities of such Secretary's 
department in the field of basic, advanced, and applied research 
and development; and 
"(2) either— 
"(A) relate to weapons systems and other militery 
needs; or 
"(B) are of potential interest to such department. 
"(b) AUTHORIZED MEANS.—The Secretory of Defense or the Sec-
retary of a militery department may perform research and develop-
ment projects— 
"(1) by contract, cooperative agreement, or other trans-
action with, or by grant to, educational or research institutions, 
private businesses, or other agencies of the United Stotes; 
"(2) by using employees and consultento of the Department 
of Defense; or 
"(3) through one or more of the militery departmente. 
"(c) REQUIREMENT OF POTENTIAL MILITARY INTEREST.—Funds 
appropriated to the Department of Defense or to a militery depart-
ment may not be usea to finance any research project or study 
unless the project or study is, in the opinion of the Secretory 
of Defense or the Secretory of that militery department, respec-
tively, of potential interest to the Department of Defense or to 
such militery department, respectively.". 
(b) AUTHORITY RELATED TO ADVANCED RESEARCH PROJECTS.— 
(1) REPEAL OF REDUNDANT AUTHORITY.—Section 2371 
of 
such title is amended— 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1713 
(A) by striking out subsection (a); 
(B) by redesignating subsections (b), (c), (d), (e), (f), 
and (g) as subsections (a), (b), (c), (d), (e), and (f), respec-
tively; 
(C) in subsection (a), as redesignated by subparagraph 
(B)-
(i) in paragraph (1), by striking out "subsection 
(a)" and inserting in Ueu thereof "section 2358 of this 
title"; and 
(ii) in paragraph (2), by striking out "subsection 
(e)" and inserting in lieu thereof "subsection (d)"; 
(D) in subsection (d), as redesignated by subparagraph 
(B), by striking out "subsection (a)" and inserting in lieu 
thereof "section 2358 of this title"; and 
(E) in subsection (e), as redesignated by subparagraph 
(B)-
(i) in paragraph (4), by striking out "subsection 
(b)" and inserting in lieu thereof "subsection (a)"; and 
(ii) in paragraph (5), by striking out "subsection 
(e)" and inserting in lieu thereof "subsection (d)". 
(2) CONSISTENCY OF TERMINOLOGY.—Such section, as 
amended by paragraph (1), is further amended— 
(A) in subsection (cXl), by inserting "and development" 
after "research" both places it appears; 
(B) in subsections (d) and (e)(3), by striking out 
"advanced research" and inserting in lieu thereof "research 
and development"; and 
(C) in subsection (eXD, by striking out "advanced 
research is" and inserting in lieu thereof "research and 
development are". 
(c) REDUNDANT AND OBSOLETE AUTHORITY FOR THE ARMY AND 
THE AIR FORCE.—Sections 4503 and 9503 of title 10, United States 
Code, are repealed. 
SEC. 828. TECHNICAL AND CLERICAL AMENDMENTS RELATING TO 
ACQUISITION LAWS. 
(a) AMENDMENTS TO TABLES OF SECTIONS.—The table of sec-
tions at the beginning of each chapter of title 10, United States 
Code, listed in the following paragraphs is amended by striking 
out the items relating to the sections listed in such paragraphs: 
(1) Chapter 137: section 2317. 
(2) Chapter 139: section 2362. 
(3) Chapter 141: section 2389. 
(4) Chapter 144: sections 2436 and 2437. 
(5) Chapter 433: sections 4531, 4533, 4534, 4535, 4537, 
4538, and 4541. 
(6) Chapter 631: sections 7201, 7210, 7213, and 7230. 
(7) Chapter 633: sections 7296, 7298, and 7301. 
(8) Chapter 637: section 7366. 
(9) Chapter 933: sections 9531, 9534, 9535, 9537, 9538, 
and 9541. 
(b) AMENDMENTS TO TABLES OF CHAPTERS.— 
(1) The tables of chapters at the beginning of subtitle 
A, and part IV of subtitle A, of title 10, United States Code, 
are amended by striking out the item relating to chapter 135. 
107 STAT. 1714 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The tables of chapters at the beginning of subtitle 
B, and part IV of subtitle B, of such title are amended by 
striking out the item relating to chapter 431. 
(3) The tables of chapters at the beginning of subtitle 
C, and part IV of subtitle C, of such title are amended by 
striking out the item relating to chapter 635. 
(c) ADDITIONAL AMENDMENTS.— 
(1) The table of sections at the beginning of chapter 11 
of title 10, United States Code, is amended by inserting after 
the item relating to section 278 the following new item: 
"279. Authority to accept certain gratuitous services of officers.". 
(2) The table of sections at the beginning of chapter 139 
y. of such title is amended by adding at the end the following 
new item: 
"2373. Procurement for experimental purposes.". 
(3) The table of sections at the beginning of chapter 141 
of such title is amended by striking out the item relating 
to section 2388 and inserting in lieu thereof the following: 
"2388. Liquid fuels and natural gas: contracts for storage, handling, or distribu-
tion.". 
(4) The table of sections at the beginning of chapter 141 
. 
of title 10, United States Code, is amended by striking out 
the item relating to section 2404 and inserting in lieu thereof 
the foUovang: 
"2404. Acquisition of petroleum and natural gas: authority to waive contract proce-
dures; acquisition by exchange; sales authority.". 
(5) The table of sections at the beginning of subchapter 
V of chapter 148 of such title is amended by adding at the 
end the following new items: 
"2538. Industrial mobilization: orders; priorities; possession of manufacturing 
plants; violations. 
"2539. Industrial mobilization: plants; lists. 
"2540. Industrial mobilization: Board on Mobilization of Industries Essential for 
Military Preparedness. 
"2541. Availability of samples, drawings, information, equipment, materials, and 
certain services.". 
(6) Chapter 431 of such title is amended by striking out 
the chapter heading and the table of sections. 
(7) The table of sections at the beginning of chapter 633 
of such title is amended by striking out the items relating 
to sections 7304, 7305, 7306, 7307, 7308, 7309, and 7310 and 
inserting in lieu thereof the following: 
"7304. Examination of vessels: striking of vessels from Naval Vessel Register. 
"7305. Vessels stricken from Naval Vessel Register: sale. 
"7306. Vessels stricken from Naval Vessel Riegister; captured vessels: transfer by 
gift or otherwise. 
"7306a. Vessels stricken from Naval Vessel Register: use for experimental purposes. 
"7307. Disposals to foreign nations. 
"7308. Chief of Naval Operations: certification required for disposal of combatant 
vessels. 
"7309. Construction of vessels in foreign shipyards: prohibition. 
"7310. Overhaul, repair, etc. of vessels in foreign shipyards: restrictions.". 
(8XA) Chapter 931 of such title is amended— 
(i) by striking out the table of sections for subchapter 
•i, 
(ii) by striking out the headings for subchapters I and 
II; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1715 
(iii) by striking out the table of subchapters; and 
(iv) by amending the chapter heading to read as 
follows: 
"CHAPTER 931—CIVIL RESERVE AIR FLEET*. 
(B) The tables of chapters at the beginning of subtitle 
D, and part IV of subtitle D, of such title are amended by 
striking out the item relating to chapter 931 and inserting 
in lieu thereof the following: 
"931. Civil Reserve Air Fleet 
9511". 
(d) CROSS-REFERENCE AMENDMENTS.—<1) Section 505(a)(2XB)(i) 
of the National Security Act of 1947 (50 U.S.C. 415(a)(2)(B)(i)) 
is amended by striking out "section 7307(bXl)** and inserting in 
Ueu thereof "section 7307(a)". 
(2) Section 2366(d) of title 10, United States Code, is amended 
by striking out "to the defense committees of Congress (as defined 
in section 2362(e)(3) of this title)." and inserting in lieu thereof 
"to the Committees on Armed Services and on Appropriations of 
the Senate and House of Representatives.". 
Subtitle D—^Defense Acquisition Pilot 
Programs 
SEC. 831. REFERENCE TO DEFENSE ACQUISITION PILOT PROGRAM. 
A reference in this subtitle to the Defense Acquisition Pilot 
Program is a reference to the defense acquisition pilot program 
authorized by section 809 of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2430 note). 
SEC. 832. DEFENSE ACQUISITION PILOT PROGRAM AMENDMENTS. 
(a) REPEAL OF LIMITATION ON NUMBER OF PARTICIPATING 
DEFENSE ACQUISITION PR<CXJRAMS.—Section 809(bXl) of the National 
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 
note) is amended by striking out "not more than six". 
(b) REPEAL OF REQUIREMENT TO DESIGNATE PARTICIPATING 
PROGRAMS AS DEFENSE ENTERPRISE PROGRAMS.—Section 809 of 
such Act is amended by striking out subsection (d). 
(c) PUBLICATION OF POLICIES AND GUIDELINES FOR PUBLIC COM-
MENT.—Section 809 of such Act is amended by striking out sub-
section (e) and inserting in lieu thereof the following: 
"(d) PUBLICATION OF POLICIES AND GUIDELINES.—The Secretary Federal 
shall publish in the Federal Register a proposed memorandum publication 
setting forth policies and guidelines for implementation of the pilot 
program under this section and provide an opportunity for public 
comment on the proposed memorandum for a period of 60 days 
after the date of publication. The Secretary shall publish in the 
Federal Register any subsequent proposed change to the memoran-
dum and provide an opportunity for public comment on each 
such proposed change for a period of 60 days after the date of 
publication.". 
(d) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—Section 809 
of such Act is amended— 
(1) by redesignating subsections (f), (g), and (h) as sub-
sections (e), (f), and (g), respectively; and 
107 STAT. 1716 
PUBLIC LAW 103-160-NOV. 30, 1993 
(2) in paragraph (2XD) of subsection (e), as so redesignated, 
by striking out "specific budgetary and personnel savings" and 
inserting in lieu thereof "a discussion of the efficiencies or 
savings". 
SEC. 833. MISSION ORIENTED PROGRAM MANAGEMENT. 
It is the sense of Congress that— 
(1) in the exercise of the authority provided in section 
809 of the National Defense Authorization Act for Fiscal Year 
1991 (10 U.S.C. 2430 note), the Secretary of Defense should 
propose for one or more of the defense acquisition programs 
covered by the Defense Acquisition Pilot Program to utilize 
the concept of mission oriented program management that 
includes— 
(A) establishing a mission oriented program executive 
office; and 
(B) designating a lead agency for the mission oriented 
program executive office; 
(2) the duties of the program executive officer for each 
of one or more of such programs should include— 
(A) planning, programming, and carrying out research, 
development, and acquisition activities; 
(B) providing advice regarding the preparation and 
integration of budgets for research, development, and 
acquisition activities; 
(C) informing the operational commands of alternative 
technology solutions to Ailfill emerging requirements; 
(D) ensuring that the acquisition plan for the program 
realistically reflects the budget and related decisions made 
for that program; 
(E) managing related technical support resources; 
(F) conducting integrated decision team meetings; and 
(G) providing technological advice to users of program 
• 
products and to the officials within the military depart-
ments who prepare plans, programs, and budgets; 
(3) the Chairman of the Joint Chiefs of Staff, in consultation 
with the Under Secretary of Defense for Acquisition and Tech-
nology, should prescribe policies and procedures for the inter-
action of the commanders of the imified and specified combatant 
commands with the mission oriented program executive officers, 
and such policies and procedures should include provisions 
for enabling the user commcmds to perform acceptance testing; 
and 
(4) the management functions of a program manager should 
not duplicate the management functions of the mission oriented 
program executive officer. 
SEC. 834. SAVINGS OBJECTIVES. 
It is the sense of Congress that the Secretary of Defense, 
on the basis of the experience under the Defense Acquisition Pilot 
Program, should seek personnel reductions and other management 
and administrative savings that, by September 30, 1998, will 
achieve at least a 25-percent reduction in defense acquisition 
management costs below the costs of defense acquisition manage-
ment diuing fiscal year 1993. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1717 
SEC. 
835. 
PROGRAM 
PHASES 
AND 
PHASE 
FUNDING. 
(a) ACQUISITION PROGRAM PHASES.—It is the sense of Congress 
thal^ 
(1) the Secretary of Defense should propose that one or 
more defense acqiiisition programs proposed for participation 
in the Defense Acquisition Pilot Program be exempted from 
acquisition regulations regarding program phases that are 
applicable to other Department of Defense acquisition pro-
grams; and 
(2) a program so exempted should follow a simplified 
acquisition program cycle that is results oriented and consists 
of— 
(A) an integrated decision team meeting phase which— 
(i) could 1}e requested by a potential user of the 
system or component to be acquired, the head of a 
laboratory, or a program ofKce on such bases as the 
emergence of a new militery requirement, cost savings 
opportunity, or new technology opportunity; 
(ii) should be conducted by a program executive 
officer; and 
(iii) should usually be completed within 1 to 3 
months; and 
(B) a prototype development and testing phase which 
should include operational tests and concerns relating to 
manufacturing operations and life cycle support, should 
usually be completed within 6 to 36 months, and should 
produce sufficient nimibers of prototypes to assess oper-
ational utility; 
(C) a product integration, development, and testing 
phase which— 
(i) should include full-scale development, integra-
tion of components, and operational testing; and 
(ii) should usually be completed within 1 to 5 
years; and 
(D) a phase for production, integration into existing 
systems, or production and integration into existing sys-
tems. 
(b) PHASE FUNDING.—TO the extent specific authorization is lo use 2430 
provided for any defense acquisition program designated for partici-
pation in the Defense Acquisition Pilot Program, as required by 
section 809(bXl) of the National Defense Authorization Act for 
Fiscal Year 1991 (10 U.S.C. 2430 note), in a law authorizing appro-
priations for such program, enacted after the date of the enactment 
of this Act, and to the extent provided in appropriations Acts, 
the Secretary of Defense is authorized to expend for such defense 
acquisition program such sums as are necessary to carry out the 
next phase of the acquisition program cycle after the Secretory 
determines that objective quantifiable performance expectations 
relating to the execution of that phase have been identified. 
(c) MAJOR PROGRAM DECISION.—It is the sense of Congress 
that the Secretory of Defense should establish for one or more 
defense acquisition programs participating in the Defense Acquisi-
tion Pilot Program an approval process having one major decision 
point. 
note. 
107 STAT. 1718 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 836. PROGRAM W
O
R
K FORCE POUCIES. 
(a) 
ENCOURAGEMENT 
OF 
EXCELLENCE.—The 
Secretary 
of 
Defense shall review the incentives and personnel actions available 
to the Secretary for encouraging excellence in the acquisition work 
force of the Department of Defense and should provide an enhanced 
system of incentives, in accordance with the Defense Acquisition 
Workforce Improvement Act (title XII of Public Law 101-510) and 
other applicable law, for the encouragement of excellence in the 
work force of a program participating in the Defense Acquisition 
Pilot Program. 
(b) INCENTIVES.—^The Secretary of Defense may consider provid-
ing for program executive officers, program managers, and other 
acquisition personnel of defense acquisition programs participating 
in the Defense Acquisition Pilot Program an enhanced system of 
incentives which— 
(1) in accordance with applicable law, relates pay to 
performance; and 
(2) provides for consideration of the extent to which the 
performance of such personnel contributes to the achievement 
of cost goals, schedule goals, and performance goals established 
for such programs. 
SEC. 837. EFFICIENT CONTRACTING PROCESSES. 
It is the sense of Congress that the Secretary of Defense, 
in exercising the authority provided in section 809 of the National 
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2430 
note), should seek to simplify the procurement process, streamline 
the period for entering into contracts, and simplify specifications 
and requirements. 
SEC. 838. CONTRACT ADMINISTRATION: PERFORMANCE BASED CON-
TRACT MANAGEMENT. 
It is the sense of Congress that the Secretary of Defense should 
propose under section 809 of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2430 note) that, for one or 
more defense acquisition programs participating in the Defense 
Acquisition Pilot Program, payments imder section 2307(a) of title 
10, United States Code, be made on any of the following bases: 
(1) Performance measured by statistical process controls. 
(2) Event accomplishment. 
(3) Other quantifiable measures of results. 
10 use 2430 
SEC. 839. CONTRACTOR PERFORMANCE ASSESSMENT. 
^°^ 
(a) COLLECTION AND ANALYSIS OF PERFORMANCE INFORMA-
TION.—^The Secretary of Defense shall collect and analyze informa-
tion on contractor performance under the Defense Acquisition Pilot 
Program. 
(b) INFORMATION To BE INCLUDED.—Information collected 
imder subsection (a) shall include the history of the performance 
of each contractor under the Defense Acquisition Pilot Program 
contracts and, for each such contract performed by the contractor, 
a technical evaluation of the contractor's performance prepared 
by the program manager responsible for the contract. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1719 
Subtitle E—Other Matters 
SEC. 841. REIMBURSEMENl' OF INDIRECT COSTS OF INSTITUTIONS OF 
10 USC 2324 
HIGHER EDUCATION UNDER DEPARTMENT OF DEFENSE note. 
CONTRACTS. 
(a) PROHiBmON.—^The Secretary of Defense may not by regula-
tion place a limitation on the amount that the Department of 
Defense may reimburse an institution of higher education for allow-
able indirect costs incurred by the institution for work performed 
for the Department of Defense imder a Department of Defense 
contract unless that same limitation is applied uniformly to all 
other organizations performing similar work for the Department 
of Defense under Department of Defense contracts. 
(b) WAIVER.—^The Secretary of Defense may waive the applica-
tion of the prohibition in subsection (a) in the case of a particular 
institution of higher education if the governing body of the institu-
tion requests the waiver in order to simplify the overall manage-
ment by that institution of cost reimbursements by the Depart-
ment of Defense for contracts awarded by the Department to the 
institution. 
(c) DEFiNrnoNS.—In this section: 
(1) The term "allowable indirect costs" means costs that 
are generally considered allowable as indirect costs under regu-
lations that establish the cost reimbursement principles 
applicable to an institution of higher education for purposes 
of Department of Defense contracts. 
(2) The term "institution of higher education" has the mean-
ing given such term in section 1201(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1141(a)). 
SEC. 842. PROHIBITION ON AWARD OF CERTAIN DEPARTMENT OF 
DEFENSE AND DEPARTMENT OF ENERGY CONTRACTS TO 
ENTITIES CONTROLLED BY A FOREIGN GOVERNMENT. 
(a) TERMINOLOGY AMENDMENT.—Subsection (a) of section 2536 
of title 10, United States Code, is amended— 
(1) by striking out "a company owned b}^"; and 
(2) by striking out "that company" and inserting in lieu 
thereof "tiiat entity^. 
(b) EXCLUSION FROM DEFINITION OF ENTITY CONTROLLED BY 
FOREIGN GOVERNMENT.—Subsection (cXD of such section is amend-
ed by adding at the end the following: "Such term does not include 
an organization or corporation that is owned, but is not controlled, 
either directly or indirectly, by a foreign government if the owner-
ship of that organization or corporation by that foreign government 
was effective before October 23,1992.". 
(c) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
^§ 2536. Award of certain contracts to entities controlled by 
a foreign government: prohibition**. 
(2) The item relating to such section in the table of sections 
at the beginning of subchapter V of chapter 148 of such title 
is amended to read as follows: 
"2536. Award of certain contracts to entities controlled by a foreign government: 
prohibition.". 
107 STAT. 1720 
PUBLIC LAW 103-160—NOV. 30, 1993 
10 use 2327 
SEC. 843. REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH 
note. 
TERRORIST COUNTRIES. 
(a) REPORT REQUIREMENT.—(1) Whenever the Secretary of 
Defense proposes to enter into a contract with any person for 
an amount in excess of $5,000,000 for the provision of goods or 
services to the Department of Defense, the Secretary shall require 
that person— 
(A) before entering into the contract, to report to the Sec-
retary each commercial transaction which that person has con-
ducted with the government of any terrorist country during 
the preceding three years or the period since the effective 
date of this section, whichever is shorter; and 
(B) to report to the Secretary each such commercial trans-
action which that person conducts during the course of the 
contract (but not after the date specified in subsection (h)) 
with the government of any terrorist country. 
(2) The requirement contained in paragraph (IXB) shall be 
included in the contract with the Department of Defense. 
(b) REGULATIONS.—^The Secretary of Defense shall prescribe 
such regulations as may be necessary to carry out this section. 
(c) ANNUAL REPORT TO CONGRESS.—The Secretary of Defense 
shall submit to the Congress each year by December 1 a report 
setting forth those persons conducting commercial transactions with 
terrorist coimtries that are included in the reports made pursuant 
to subsection (a) during the preceding fiscal year, the terrorist 
countries with which those transactions were conducted, and the 
nature of those transactions. The version of the report made avail-
able for public release shall exclude information exempt from public 
disclosure imder section 552 of title 5, United States Code (com-
monly known as the Freedom of Information Act). 
(d) LlABlUTY.—^This section shall not be interpreted as imposing 
any liability on a person for failure to comply with the reporting 
requirement of subsection (a) if the failure to comply is caused 
solely by an act or omission of a third party. 
(e) PERSON DEFINED.—For purposes of this section, the term 
"person" means a corporate or other business entity proposing to 
enter or entering into a contract covered by this section. The term 
does not include an sifniiate or subsidiary of the entity. 
(f) TERRORIST COUNTRY DEFINED.—A coimtiy shall be consid-
ered to be a terrorist country for purposes of a contract covered 
by this section if the Secretary of Stete has determined pursuant 
to law, as of the date that is 60 days before the date on which 
the contract is signed, that the government of that coimtry is 
a government that has repeatedly provided support for acts of 
international terrorism. 
(g) EFFECTIVE DATE.—^This section shall apply with respect 
to contracte entered into after the expiration of the 90-day period 
beginning on the date of the enactment of this Act, or after the 
expiration of the 30-day period beginning on the date of publication 
in the Federal Register of the final regulations referred to in sub-
section (b), whichever is earlier. 
(h) TERMINATION.—This section expires on September 30, 1996. 
31 use 1535 
SEC. 844. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER 
note. 
AGENCIES. 
(a) REGULATIONS REQUIRED.—^Not later than six months after 
the date of the enactment of this Act, the Secretory of Defense 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1721 
shall prescribe regulations governing the exercise by the Depart-
ment of Defense of the auuiority under section 1535 of title 31, 
United States Code, to purchase goods and services under contracts 
entered into or administered by another agency. 
(b) CONTENT OF REGULATIONS.—^The regulations prescribed 
pursuant to subsection (a) shall— 
(1) require that each purchase described in subsection (a) 
be approved in advance by a contracting officer of the Depart-
ment of Defense with authority to contract for the goods or 
services to be purchased or by another official in a position 
specifically designated bv regulation to approve such purchase; 
(2) provide that sucn a purchase of goods or services may 
be made only i
f
— 
(A) the purchase is appropriately made imder a con-
tract tiiat the agency filling the purchase order entered 
into, before the purchase order, in order to meet the 
requirements of such agency for the same or similar goods 
or services; 
(B) the agency filling the purchase order is better 
qualified to enter into or administer the contract for such 
goods or services by reason of capabilities or expertise 
that is not available within the Department; 
(C) the agency or unit filling the order is specifically 
authorized by law or regulations to purchase such goods 
or services on behalf of other agencies; or 
(D) the purchase is authorized by an Executive order 
or a revision to the Federal Acquisition Regulation setting 
forth specific additional circumstances in which purchases 
referred to in subsection (a) are authorized; 
(3) prohibit any such purchase under a contract or other 
agreement entered into or administered by an agency not cov-
ered by the provisions of chapter 137 of title 10, United States 
Code, or title III of the Federal Property and Administrative 
Services Act of 1949 and not covered by the Federal Acquisition 
Regulation unless the purchase is approved in advance by 
the Senior Acquisition Executive responsible for purchasing 
by the ordering agency or unit; and 
(4) prohibit any payment to the agency filling a purchase 
order of any fee that exceeds the actual cost or, if the actual 
cost is not known, the estimated cost of entering into and 
administering the contract or other agreement under which 
the order is filled. 
(c) MONITORING SYSTEM REQUIRED.—The Secretary of Defense 
shall ensure that, not later than one year after the date of the 
enactment of this Act, systems of the Department of Defense for 
collecting and evaluating procurement data are capable of collecting 
and evaluating appropriate data on procurements conducted under 
the regulations prescribed pursuant to subsection (a). 
(d) TERMINATION.—^irhis section shall cease to be effective one 
year after the date on which final regulations prescribed pursuant 
to subsection (a) taike effect. 
SEC. 845. AUTHORITY OF THE ADVANCED RESEARCH PROJECTS 10 U
S
C 2371 
AGENCY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS, note. 
(a) AUTHORITY.—^The Director of the Advanced Research 
Projects Agency may, under the authority of section 2371 of title 
10, United States Code, carry out prototype projects that are directly 
69-194 O - 94 - 25 : QL. 3 Part 2 
107 STAT. 1722 
PUBLIC LAW 103-160—NOV. 30, 1993 
relevant to weapons or weapon systems proposed to be acquired 
or developed by the Department of Defense. 
(b) EXERCISE OF AUTHORITY.—(1) Subsections (cX2) and (cX3) 
of such section 2371, as redesignated by section 827(bXlXB), shall 
not applyto projects carried out under subsection (a). 
(2) The Director shall, to the maximum extent practicable, 
use competitive procedures when entering into agreements to carry 
out projects under subsection (a). 
(c) PERIOD OF AUTHORITY.—The authority of the Director to 
carry out projects under subsection (a) shall terminate 3 years 
after the date of the enactment of this Act. 
SEC. 846. DfPROVEMENT OF PRICING POUCIES FOR USE OF MAJOR 
RANGE AND TEST FACIUTY INSTALLATIONS OF THE MHJ. 
TARY DEPARTMENTS. 
(a) IN GENERAL.—Chapter 159 of title 10, United States Code, 
is amended by inserting after section 2680 the following new section: 
*
*
§ 2681. Use of test and evaluation installations by commer-
cial entities 
"(a) CONTRACT AUTHORITY.—^The Secretary of Defense may 
enter into contracts with commercial entities that desire to conduct 
commercial test and evaluation activities at a Major Range and 
Test Facility Installation. 
**(b) TERMINATION OR LIMITATION OF CONTRACT UNDER CERTAIN 
CIRCUMSTANCES.—A contract entered into under subsection (a) shall 
contain a provision that the Secretary of Defense may terminate, 
prohibit, or suspend immediately any commercial test or evaluation 
activity to be conducted at the Msyor Rsjige and Test Facility 
Installation under the contract if the Secretary of Defense certifies 
in writing that the test or evaluation activity is or would be 
detrimentol— 
"(1) to the public health and safety; 
**(2) to property (either public or private); or 
"(3) to any national security interest or foreign policy 
interest of the United States. 
**(c) CONTRACT PRICE.—^A contract entered into under subsection 
(a) shall include a provision that requires a commercial entity 
using a Major Range and Test Facility Installation under the con-
tract to reimburse the Department of Defense for all direct costs 
to the United States that are associated with the test and evaluation 
activities conducted by the commercial entity under the contract. 
In addition, the contract may include a provision that requires 
the commercial entity to reimburse the Department of Defense 
for such indirect costs related to the use of the installation as 
the Secretary of Defense considers to be appropriate. The Secretary 
ma^r delegate to the commander of the M^or Range and Test 
Facility Installation the authority to determine the appropriateness 
of the amount of indirect costs included in such a contract provision. 
"(d) RETENTION OF FUNDS COLLECTED FROM 
COMMERCIAL 
USERS.—Amounts collected under subsection (c) from a commercial 
entity conducting test and evaluation activities at a Major Range 
and Test Facility Installation shall be credited to the appropriation 
accounts under which the costs associated with the test and evalua-
tion activities of the commercial entity were incurred. 
"(e) REGULATIONS AND LIMITATIONS.—The Secretary of Defense 
shall prescribe regulations to carry out this section. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1723 
"(f) DEFINITIONS.—In this section: 
"(1) The term *Major Range and Test Facility Installation' 
means a test and evaluation installation under the jurisdiction 
of tJie Department of Defense and designated as a Msgor Range 
and Test Facility Installation by the Secretary. 
**(2) The term 'direct costs' includes the cost o
f
— 
"(A) labor, material, facilities, utilities, equipment, sup-
plies, and any other resources damaged or consumed during 
test or evaluation activities or maintained for a particular 
commercial entity; cuid 
"(B) construction specifically performed for a commer-
cial entity to conduct test and evaluation activities. 
"(g) TERMINATION OF AUTHORITY.—The authority provided to 
the Secretary of Defense by subsection (a) shall terminate on 
September 30,1998. 
"(h) REPORT.—^Not later than January 1, 1998, the Secretary 
of Defense shall submit to Congress a report describing the number 
and purposes of contracts entered into under subsection (a) and 
evaluating the extent to which the authority under this section 
is exercised to open Major Range and Test Facility Installations 
to commercial test and evaluation activities.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item related 
to section 2680 the following new item: 
"2681. Use of test and evaluation installations by commercial entities.". 
SEC. 847. CONTRACT BUNDLING. 
(a) STUDY REQUIRED.—The Comptroller General shall conduct 
a study regarding the impact of contract bundling on the participa-
tion of small business concerns (including small Dusiness concerns 
owned and controlled by socially and economically disadvantaged 
individuals) in procurement by the Department of Defense. 
(b) PURPOSES OF STUDY.—In addition to such other matters 
as the Comptroller Cjeneral considers appropriate, the study 
required by subsection (a) shall— 
(1) catalog the benefits and adverse effects of contract 
bundling on Department of Defense contracting activities; 
(2) catalog the benefits and adverse effects of contract 
bimdling on small business concerns seeking to sell goods or 
services to the Department of Defense; 
(3) catalog and assess the adequacy of the policy guidance 
applicable to procurement personnel of the Department of 
Defense regarding the bundling of contract requirements; 
(4) review and analyze the data compiled pursuant to sub-
section (c) regarding the extent to which procuring activities 
of the Department of Defense have been bundling their require-
ments for the procurement of goods and services (including 
construction); 
(5) review and assess the adequacy of the stetements 
submitted by procuring activities of the Department of Defense 
pursuant to section 15(a) of the Small Business Act (15 U.S.C. 
644(a)) regarding bundling of contract requirements; and 
(6) assess whether small business specialists of the Depart-
ment of Defense or procurement center representatives of the 
Small Business Administration have adequate policy guidance 
and effective authority to make an independent assessment 
regarding proposed bundling of contract requirements. 
107 STAT. 1724 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) DATA ON CONTRACT BUNDLING.— 
(1) DATA TO BE COMPILED.—For purposes of conducting 
the study required by subsection (a), the Secretary of Defense 
shall compile and furnish to the Comptroller General data 
regarding contracts awarded during fiscal years 1988, 1992, 
and 1993 that reflect the bundling of the types of contract 
requirements that were previously solicited and awarded as 
separate contract actions. With respect to such bundled con-
tracts, the Secretary shall seek to furnish data regarding— 
(A) the number and dollar value of such contract 
awards and the types of goods or services (including 
construction) that were procured; 
(B) the number and estimated dollar value of require-
ments previously procured through separate contract 
actions which were included in each of the contract actions 
identified under subparagraph (A); 
(C) any justifications (including estimates of cost sav-
ings) for the bimdled contract actions identified under 
subparagraph (A); and 
(D) the extent of participation by small business con-
cerns and small business concerns owned and controlled 
by socially and economically disadvantaged individuals 
under subcontracting plans pursuant to section 8(d) of the 
Small Business Act (15 U.S.C. 637(d)). 
(2) SUBMISSION TO THE COMPTROLLER GENERAL.—The Sec-
retary of Defense shall furnish the data described in paragraph 
(1) to the Comptroller General not later than February 1, 
1994. 
(d) REPORT.—Not later than April 1, 1994, the Comptroller 
General shall submit to the Committees on Armed Services and 
Small Business of the Senate and House of Representatives a 
report containing the results of the study required by subsection 
(a). The report shall include recommendations for appropriate 
changes to statutes, regulations, policy, or practices that would 
amehorate any identified adverse effects of contract bundling on 
the participation of small business concerns in procurements by 
the Department of Defense. 
(e) DEFINITION.—^For the purposes of this section, the terms 
"contract bundling" and '^undhng of contract requirements" means 
the practice of consolidating two or more procurement requirements 
/ 
of tne type that were previously solicited and awarded as separate 
smaller contracts into a single large contract solicitation likely 
to be unsuitable for award to a small business concern due to— 
(1) the diversity and size of the elements of performance 
specified; 
(2) the aggregate dollar value of the anticipated award; 
(3) the geographical dispersion of the contract performance 
sites; or 
(4) any combination of the factors described in paragraphs 
(1), (2), and (3). 
SEC. 848. PROHIBITION ON CGMPETITIGN BETWEEN DEPARTMENT OF 
DEFENSE 
AND 
SMALL 
BUSINESSES 
FOR 
CERTAIN 
MAINTE. 
NANCE 
CONTRACTS. 
(a) IN GENERAL.—(1) Chapter 137 of title 10, United States 
Code, is amended by inserting after section 2304 the following 
new section: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1725 
*
*
§ 2304a. Contracts: prohibition on competition between 
Department of Defense and small businesses and 
certain other entities 
"(a) EXCLUSION.—^In any case in which the Secretary of Defense 
plans to vise competitive procedures for a prociu'ement, if the 
procurement is to be conducted as described in subsection (b), 
then the Secretary shall exclude the Department of Defense from 
competing in the procurement. 
"(b) PROCUREMENT DESCRIPTION.—The requirement to exclude 
the Department of Defense imder subsection (a) applies in the 
case of a procurement to be conducted by excluding from competition 
entities in the private sector other than— 
"(1) small business concerns in furtherance of section 8 
or 15 of the Small Business Act (15 U.S.C. 637 or 644); or 
"(2) entities described in subsection (aXD of section 2323 
of this title in furtherance of the goal specified in that 
subsection.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2304 
the following new item: 
''2304a. Contracts: prohibition on competition between Department of Defense and 
small businesses and certain other entities.". 
(b) EFFECTIVE DATE.—Section 2304a of title 10, United States 
Code, as added by subsection (a), shall take effect on the date 
of the enactment of this Act. 
SEC. 849. BUY AMERICAN PROVISIONS. 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—NO funds author-
ized to be appropriated pursuant to this Act may be expended 
by an entity of the Department of Defense imless the entity, in 
expending the fiinds, complies with the Buy American Act. 
(b) PROHIBITION OF CONTRACTS.—If the Secretary of Defense 
determines that a person has been convicted of intentionally afiEixing 
a label bearing a '^ade in America" inscription to any product 
sold in or shipped to the United States that is not made in America, 
the Secretary shall determine, in accordance with section 2410f 
of title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense. 
(c) BUY AMERICAN ACT WAIVER RESCISSIONS.—<1) If the Sec-
retary of Defense, after consultation with the United States Trade 
Representative, determines that a foreign coimtry which is party 
to an agreement described in paragraph (2) has violated the terms 
of the agreement by discriminating against certain types of products 
produced in the United Stetes that are covered by the agreement, 
the Secretery of Defense shall rescind the Secretar/s blanket waiver 
of the Buy American Act with respect to such types of products 
produced in that foreign country. 
(2) An agreement i^eferred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understending between the 
United Stetes and a foreign coimtry pursuant to which the Secretery 
of Defense has prospectively waived the Buy American Act for 
certein producte in that coimtry. 
(d) DEFINITION.—^For purposes of this section, the term "Buy 
Americcui Act" means title III of the Act entitled "An Act making 
appropriations for the Treasury and Post Office Departmente for 
10 use 2304a 
note. 
10 use 2410f 
note. 
41 use lOb-2 
note. 
107 STAT. 1726 
PUBLIC LAW 103-160—NOV. 30, 1993 
the fiscal year ending June 30, 1934, and for other purposes", 
approved March 3,1933 (41 U.S.C. 10a et seq.). 
SEC. 8S0. CLARIFICATION TO SMALL BUSINESS COMPETITIVENESS 
DEMONSTRATION PROGRAM ACT. 
The Small Business Competitiveness Demonstration Program 
Act of 1988 (15 U.S.C. 644 note) is amended— 
15 use 632 note. 
(1) in section 732, by striking out the second sentence; 
and 
15 use 644 note. 
(2) in Section 717, by adding at the end the following 
new subsection: 
"(f) SIZE STANDARDS.— 
"(1) IN GENERAL.—^Any numerical size standard that is 
assigned to a standard industrial classification code (or a sub-
division of such a code) for any of the designated industry 
groups described in subsections (b), (c), and (d) of this section 
and that was in effect on September 30, 1988, shall remain 
in effect for the duration of the Program (as specified in section 
711(c)). 
"(2) ENGINEERING SERVICES OTHER THAN ARCHITECTURAL 
AND ENGINEERING SERVICES.—^The limitation imposed by para-
graph (1) does not preclude modification to the numerical size 
standard assigned to those subdivisions of standard industrial 
classification code 8711 that are not subject to the Program, 
including— 
(A) engineering services—military and aerospace 
equipment and military weapons; 
(B) engineering services—marine engineering and 
naval architecture; or 
"(C) any successor to a subdivision described in 
subparagraph (A) or (B).". 
TITLE K—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Office of the Secretary of 
Defense 
SEC. 901. ENHANCED POSITION FOR COMPTROLLER OF DEPARTMENT 
OF DEFENSE. 
(a) IN GENERAL.—Chapter 4 of title 10, United States Code, 
is amended— 
(1) by redesignating sections 135, 136, 138, 139, 140, and 
141 as sections 137, 138, 139, 140, 141, and 142, respectively; 
and 
(2) by transferring section 137 (relating to the Comptroller) 
so as to appear after section 134a, redesignating that section 
as section 135, and amending that section by adding at the 
end the following new subsection: 
"(d) The Comptroller takes precedence in the Department of 
Defense after the Under Secretary of Defense for Policy. . 
(b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section 5314 of title 
5, United States Code, is amended by inserting after the item 
relating to the Under Secretary of Defense for Policy the following: 
"Comptroller of the Department of Defense.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1727 
(c) CONFORMING AMENDMENT.—Subsection (d) of section 138 
of title 10, United States Code, as redesignated by subsection (a), 
is amended by inserting "and ComptroUer^after "^nder Secretaries 
of Defense". 
SEC. 902. ADDITIONAL RESPONSmiUnES OF THE COMPTROLLER. 
(a) CHIEF FINANCIAL OFFICER.—(1) Section 135 of title 10, 
United States Code, as redesignated and amended by section 901, 
is further amended in subsection (\>)— 
(A) by inserting after "(b)" the following: "The Comptroller 
is the agency Chief Financial Officer of the Department of 
Defense tor the purposes of chapter 9 of title 31."; and 
(B) by inserting "additional" after "shall perform such". 
(2) Section 5315 of title 5, United States Code, is amended 
by striking out the following: 
"Chief Financial Officer, Department of Defense.". 
(b) CONGRESSIONAL INFORMATION RESPONSIBILITIES.—Such sec-
tion is further amended by adding after subsection (d), as added 
by section 901(aX2), the following new subsection: 
"(e) The Comptroller shall ensure that the Committees on 
Armed Services and the Committees on Appropriations of the Sen-
ate and House of Representatives are each informed, in a timelv 
manner, regarding all matters relating to the budgetary, fiscal, 
and analytic activities of the Department of Defense that are under 
the supervision of the Comptroller.". 
SEC. 903. NEW POSITION OF UNDER SECRETARY OF DEFENSE FOR 
PERSONNEL AND READINESS. 
(a) IN GENERAL.—Clhapter 4 of title 10, United States Code, 
is amended by inserting after section 135, as transferred and 
redesignated by section 901(a), the following new section: 
*
*
§ 136. Under Secretary of Defense for Personnel and Readi-
ness 
"(a) There is an Under Secretary of Defense for Personnel President. 
and Readiness, appointed from civilian life by the President, by 
and with the consent of the Senate. 
"(b) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Under Secretary of Defense for Personnel 
and Readiness shall perform such duties and exercise such powers 
as the Secretary of Defense may prescribe in the areas of military 
readiness, total force management, military and civilian personnel 
re(]^uirements, military and civilian personnel training, military and 
civilian family matters, exchange, commissary, and nonappropriated 
fund activities, personnel requirements for weapons support. 
National Guard and reserve components, and health affairs. 
"(c) The Under Secretary of Defense for Personnel and Readi-
ness takes precedence in the Department of Defense after the 
Comptroller.". 
(b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section 5314 of title 
5, United States Code, is amended by inserting after the item 
relatin|^ to the Comptroller of the Department of Defense, as added 
by section 901(b), the following: 
"Under Secretary of Defense for Personnel and Readiness.". 
(c) OFFSETTING REDUCTION IN NUMBER OF ASSISTANT SEC-
RETARY O
F DEFENSE POSITIONS.—(1) Subsection (a) of section 138 
of title 10, United States Code, as redesignated by section 901(a), 
107 STAT. 1728 
PUBLIC LAW 103-160—NOV. 30, 1993 
is amended by striking out "eleven" and inserting in lieu thereof 
"ten". 
(2) Section 5315 of title 5, United States Code, is amended 
by striking out "Assistant Secretaries of Defense (11)" and inserting 
in lieu thereof "Assistant Secretaries of Defense (10)". 
SEC. 904. REDESIGNATION OF POSITIONS OF UNDER SECRETARY 
AND DEPUTY UNDER SECRETARY OF DEFENSE FOR 
ACQUISITION. 
10 use 133 note. 
(a) REDESIGNATIONS.—The office of Under Secretary of Defense 
for Acquisition in the Department of Defense is hereby redesignated 
as Under Secretary of Defense for Acquisition and Technology. 
The office of Deputy Under Secretary of Defense for Acquisition 
in the Department of Defense is hereby redesignated as Deputy 
Under Secretary of Defense for Acquisition and Technology. 
(b) USD CHARTER AMENDMENTS.—(1) Section 133 of title 10, 
United States Code, is amended by striking out "Under Secretary 
of Defense for Acquisition" in subsections (a), (b), and (eXl) and 
inserting in lieu thereof "Under Secretary of Defense for Acquisition 
and Technology". 
(2) The heading for such section is amended to read as follows: 
*
*
§ 133. Under Secretary of Defense for Acquisition and Tech> 
nologjr^. 
(c) DUSD CHARTER AMENDMENTS.—<1) Section 133a of such 
title is amended by striking out "Deputy Under Secretary of Defense 
for Acquisition" in subsections (a) and (b) and inserting in lieu 
thereof "Deputy Under Secretary of Defense for Acquisition and 
Technology^ 
(2) Trie heading for such section is amended to read as follows: 
*
*
§ 133a. Deputy Under Secretary of Defense for Acquisition 
and Technology^. 
(d) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES 
CODE.—(1) The foUovdng sections of title 10, United States Code, 
are amended by striking out "Under Secretary of Defense for 
Acquisition" eacn place such term appears (including section head-
ings) and inserting in lieu thereof "Under Secretary of Defense 
for Acquisition and Technology": sections 134(c), 137(b) (as redesig-
nated by section 901(a)), 139 (as redesignated by section 901(a)), 
171(aX3), 179(a), 1702, 1703, 1707(a), 1722, 1735(c), 1737(c), 
1741(b), 1746(a), 1761(bX4), 1762(a), 1763, 2304(f), 2308(b), 2325(b), 
2329, 2350a, 2369, 2399(bX3), 2435(bX2XB), 2438(c), 2523(a), and 
2534(bX2). 
(2) liie item relating to section 1702 in the table of sections 
at the beginning of subchapter I of chapter 87 of such title is 
amended to read as follows: 
"1702. Under Secretary of Defense for Acquisition and Technology: authorities and 
responsibilities.". 
(3) Section 171(aX8) of such title is amended by striking out 
"Deputy Under Secretary of Defense for Acquisition" and inserting 
in lieu thereof "Deputy Under Secretary of Defense for Acquisition 
and Technolo^. 
(e) CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES 
CODE.—(1) Section 5313 of title 5, United States Code, is amended 
by striking out "Under Secretary of Defense for Acquisition" and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1729 
inserting in lieu thereof'^nder Secretary of Defense for Acquisition 
and Technology". 
(2) Section 5314 of such title is amended by striking out "Deputy 
Under Secretary of Defense for Acquisition" and inserting in lieu 
thereof 'Deputy Under Secretary of Defense for Acquisition and 
Technology^ 
(0 REFERENCES IN OTHER LAWS.—Any reference to the Under lo use 133 note. 
Secretary of Defense for Acquisition or the Deputy Under Secretary 
of Defense for Acquisition in any provision of law other than title 
10, United States Code, or in any rule, regulation, or other paper 
of the United States shall be treated as referring to the Under 
Secretai^ of Defense for Acquisition and Technology or the Deputy 
Under Secretary of Defense for Acquisition and Technology, 
respectively. 
SEC. 905. ASSISTANT SECRETARY OF DEFENSE FOR LEGISLATIVE 
AFFAIRS. 
Section 138(b) of title 10, United States Code, as redesignated 
by section 901(aXl), is amended by adding at the end the following 
newpara^aph: 
(5) One of the Assistant Secretaries shall be the Assistant 
Secretarv of Defense for Legislative Affairs. He shall have as his 
principal duty the overall supervision of legislative affairs of the 
Department of Defense.". 
SEC. 806. FURTHER CONFORMING AMENDMENTS TO CHAPTER 4 OF 
TITLE 10, UNITED STATES CODE. 
(a) COMPOSITION OF OSD.—Subsection (b) of section 131 of 
title 10, United States Code, is amended to read as follows: 
"(b) The Office of the Secretary of Defense is composed of 
the following: 
"(1) The Deputy Secretary of Defense. 
"(2) The Under Secretary of Defense for Acquisition and 
Technology. 
**(3) The Under Secretary of Defense for Policy. 
"(4) The Comptroller. 
**(5) The Under Secretary of Defense for Personnel and 
Readiness. 
"(6) The Director of Defense Research and Engineering. 
"(7) The Assistant Secretaries of Defense. 
**(8) The Director of Operational Test and Evaluation. 
"(9) The General Counsel of the Department of Defense. 
''(lO) The Inspector General of the Department of Defense. 
"(11) Such other offices and officials as may be established 
by law or the Secretary of Defense may establish or designate 
in the Office.". 
(b) TABLE OF SECTIONS.—The table of sections at the beginning 
of chapter 4 of such title is amended to read as follows: 
"Sec. 
"131. Office of the Secretarv of Defense. 
"132. Deputy Secretary of Defense. 
"133. Under Secretary of Defense for Acquisition and Technology. 
"133a. Deputy Under Secretary of Defense for Acquisition and Technology. 
"134. Under Secretary of Defense for Policy. 
"134a. Deputy Under Secretary of Defense for Policy. 
"135. Comptroller. 
"136. Under Secretary of Defense for Personnel and Readiness. 
"137. Director of Defense Research and Engineering. 
"138. Assistant Secretaries of Defense. 
"139. Director of Operational Test and Evaluation. 
107 STAT. 1730 
PUBLIC LAW 103-160—NOV. 30, 1993 
"140. General Counsel. 
"141. Inspector General. 
"142. Assistant to the Secretary of Defense for Atomic Energy.". 
SEC. 
907. DIRECTOR OF OPERATIONAL TEST AND 
EVALUATION. 
Subsection (c) of section 139 of title 10, United States Code, 
as redesignated by section 901(aXl), is amended— 
(1) by striking out the first sentence; 
(2) by striking out "Director of Defense Research and 
Engineering" and inserting in lieu thereof "Under Secretary 
of Defense for Acquisition and Technology"; and 
(3) by striking out "research and development" and insert-
ing in lieu thereof "acquisition". 
Subtitle B—Professional Military 
Education 
SEC. 921. CONGRESSIONAL FINDINGS CONCERNING PROFESSIONAL 
MILITARY EDUCATION SCHOOLS. 
The Congress finds that— 
(1) me primary mission of the professional military edu-
cation schools of the Army, Navy, Air Force, and Marine Corps 
is to provide military officers with expertise in their particular 
warfare specialties and a broad and deep understanding of 
the m^or elements of their own service; 
(2) the primary mission of the joint professional military 
education schools is to provide military ouicers with expertise 
in the integrated employment of land, sea, and air forces, 
including matters relating to national security strategy, 
national military strategy, strategic planning and contingency 
I 
planning, and command and control of combat operations imder 
unified command; and 
(3) there is a continuing need to maintain professional 
military education schools for the Armed Forces and separate 
joint professional military education schools. 
SEC. 922. AUTHORmr FOR AWARD BY NATIONAL DEFENSE UNIVER-
, 
SITY OF CERTAIN MASTER OF SCIENCE DEGREES. 
(a) IN GENERAL.—Chapter 108 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§2163. National Defense University: masters of science in 
national 
security 
strategy 
and 
in 
national 
resource strategy 
"(a) NATIONAL WAR COLLEGE DEGREE.—The President of the 
National Defense University, upon the recommendation of the fac-
ulty and commandant of the National War College, may confer 
the degree of master of science of national security strategy upon 
graduates of the National War College who fulfill the requirements 
for the degree. 
"(b) ICAF DEGREE.—The President of the National Defense 
University, upon the recommendation of the faculty and com-
mandant of the Industrial College of the Armed Forces, may confer 
the degree of master of science of national resource strategy upon 
graduates of the Industrial College of the Armed Forces who fulfill 
uie requirements for the degree. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1731 
"(c) REGULATIONS.—^The authority provided by subsections (a) 
and (b) shall be exercised imder regulations prescribed by the 
Secretary of Defense.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2163. National Defense University: masters of science in national security strategy 
and in national resource strategy.". 
SEC. 923. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT 
GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY 
STUDIES. 
(a) IN GENERAL.—(1) Section 1595 of title 10, United States 
Code, is amended to read as follows: 
^§1595. Civilian faculty members at certain Department of 
Defense schools: employment and compensation 
"(a) AUTHORITY OF SECRETARY.—The Secretary of Defense may 
employ as many civilians as professors, instructors, and lecturers 
at the institutions specified in subsection (c) as the Secretary consid-
ers necessary. 
"(b) COMPENSATION OF FACULTY MEMBERS.—The compensation 
of persons employed under this section shall be as prescribed by 
the Secretary. 
"(c) COVERED INSTITUTIONS.—^This section applies with respect 
to the following institutions of the Department of Defense: 
"(1) The National Defense University. 
"(2) The Foreign Language Center of the Defense Language 
Institute. 
"(3) The George C. Marshall European Center for Security 
Studies. 
"(d) APPLICATION TO FACULTY MEMBERS AT NDU.—(1) In the 
case of the National Defense University, this section applies with 
respect to persons selected by the Secretary for employment as 
professors, instructors, and lecturers at the National Defense 
University after February 27,1990. 
"(2) For purposes of this section, the National Defense Univer-
sity includes the National War College, the Armed Forces Staff 
College, the Institute for National Strategic Study, and the Indus-
trial College of the Armed Forces. 
"(e) APPLICATION TO DIRECTOR AND DEPUTY DIRECTOR AT 
GEORGE C. MARSHALL CENTER.—In the case of the George C. Mar-
shall European Center for Security Studies, this section also applies 
with respect to the Director and the Deputy Director.". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 81 of such title is amended to read 
as follows: 
"1595. Civilian faculty membera at certain Department of Defense schools: employ-
ment and compensation.". 
(b) CONFORMING AMENDMENT.—Section 5102(cX10) of title 5, 
United States Code, as amended by section 533(c), is amended 
by inserting "(and, in the case of the George C. Marshall European 
Center for Security Studiies, the Director and the Deputy Director)" 
after "professional militaiy education school". 
107 STAT. 1732 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle C—Joint Officer Personnel Policy 
SEC. 931. REVISION OF GOLDWATER-NICHOLS REQUIREMENT OF 
SERVICE IN A JOINT DITTY ASSIGNMENT BEFORE PRO-
MOTION TO GENERAL OR FLAG GRADE. 
(a) IN GENERAL.—Chapter 36 of title 10, United States Code, 
is amended by inserting after section 619 the following new section: 
"§6198. Eligibility for consideration for promotion: joint 
duty assignment required before promotion to 
general or flag grade; exceptions 
"(a) GENERAL RULE.—An officer on the active-duty list of the 
Army, Navy, Air Force, or Marine Corps may not be appointed 
to thegrade of brigadier general or rear admiral (lower half) unless 
the ofncer has completed a full tour of duty in a joint duty assign-
ment (as described in section 664(f) of this title). 
**(b) EXCEPTIONS.—Subject to subsection (c), the Secretary of 
Defense may waive subsection (a) in the following circumstances: 
"(1) When necessary for the good of the service. 
"(2) In the case of an ofncer whose proposed selection 
for promotion is based primarily upon scientific and technical 
qualifications for which joint requirements do not exist. 
"(3) In the case o
f
— 
"(A) a medical officer, dental officer, veterinary officer, 
medical service officer, nurse, or biomedical science officer; 
"(B) a chaplain; or 
"(C) a judge advocate. 
"(4) In the case of an officer selected b^ a promotion board 
for appointment to the grade of brigadier general or rear 
admiral (lower halO while serving in a joint dfuty assignment 
i
f
— 
"(A) at least 180 days of that joint duty assignment 
have been completed on the date of the convening of that 
selection board; and 
"(B) the officer's total consecutive service in joint duty 
assignments within that immediate organization is not less 
than two years. 
"(5) In the case of an officer who served in a joint duty 
assignment that began before January 1, 1987, if the officer 
served in that assignment for a period of sufficient duration 
(which may not be less than 12 months) for the officer's service 
to have been considered a full tour of duty under the policies 
and regulations in effect on September 30, 1986. 
"(c) WAIVER TO BE INDIVIDUAL.—A waiver may be granted 
under subsection (b) only on a case-by-case basis in the case of 
an individual officer. 
"(d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE WAIVER.—In the 
case of a waiver imder subsection (bXD, the Secretary shall provide 
that the first duty assignment as a general or flag officer of the 
officer for whom the waiver is granted shall be in a joint duty 
assignment. 
^(e) LIMITATION ON DELEGATION OF WAIVER AUTHORITy.—The 
authority of the Secretary of Defense to grant a waiver under 
subsection (b) (other than under paragraph (1) of that subsection) 
may be delegated only to the Deputy Secretary of Defense, an 
Under Secretary of Defense, or an Assistant Secretary of Defense. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1733 
*
*
(
f
) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section. The regulations shall specifi-
cally identify for purposes of subsection (bX2) those categories of 
officers for which selection for promotion to brigadier general or, 
in the case of the Navy, rear adxoiral (lower half) is based primarily 
upon scientific and technical qualifications for which joint require-
ments do not exist. 
"(g) TRANSITION WVUVER AUTHORITIES.—(1)(A) Until January 
1, 1999, the Secretary of Defense may waive subsection (a) in 
the case of an officer who served in an assignment (other than 
a joint duty assignment) that began before October 1, 1986, and 
that involved significant experience in joint matters (as determined 
by the Secretary) if the officer served in that assignment for a 
period of sufficient duration (which may not be less than 12 months) 
for the officer's service to have been considered a full tour of 
duty under the policies and regulations in effect on September 
30,1986. 
"(B) Of the total number of appointments to the grades of 
brigadier general and rear admiral (lower half) for officers on the 
active-duty lists of the Army, Navy, Air Force, and Marine Corps 
during each of the years 1995 through 1999, the number in any 
such year that are made using a waiver imder subparagraph (A) 
may not exceed the applicable percentage of such total determined 
as follows: 
Applicable 
Tear: 
Percentage: 
1995 
20 
1996 
16 
1997 
10 
1998 
5. 
"(C) The provisions of subsections (c) and (e) apply to waivers 
under this paragraph in the same manner as to waivers under 
subsection (b). 
"(2) Until January 1, 1999, the Secretary of Defense may waive 
subsection (d) in the case of an officer granted a waiver of subsection 
(a) under the authority of subsection (bXD. 
"(3XA) An officer described in subparagraph (B) may not be 
appointed to the grade of lieutenant general or vice admiral until 
the officer completes a jfull tour of duty in a joint duty assignment. 
"(B) Subparagraph (A) applies to an officer— 
"(i) who is promoted afl»r January 1, 1994, to the grade 
of brigadier general or rear admiral (lower half) and who 
receives a waiver of subsection (a) under the authority of para-
graph (1) of this subsection; or 
"(ii) who receives a waiver of subsection (d) under the 
authority of paragraph (2) of this subsection. 
"(h) SPECIAL TRANSITION RULES FOR NUCLEAR PROPULSION 
OFFICERS.—(1) Until January 1, 1997, an officer of the Navy des-
ignated as a qualified nuclear propulsion officer may be appointed 
to the grade of rear admiral (lower half) without regard to sub-
section (a). An officer so appointed may not be appointed to the 
§rade of rear admiral until the officer completes a full tour of 
uty in a joint duty assignment. 
"(2) Not later than March 1 of each year fi-om 1994 through Reports. 
1997, the Secretary of Defense shall submit to the Committees * 
on Armed Services of the Senate and House of Representatives 
a report on the implementetion during the preceding calendar year 
of the transition plan developed by the Secretory pursuant to section 
107 STAT. 1734 
PUBLIC LAW 103-160—NOV. 30, 1993 
1305(b) of Public Law 100-180 (10 U.S.C. 619a note) with respect 
to service by qualified nuclear propulsion officers in joint duty 
assignments.". 
(b) CONFORMING REPEAL.—Section 619 of title 10, United States 
Code, is amended by striking out subsection (e). 
(c) CLERICAL AMENDMENTS.—(1) The heading of section 619 
is amended to read as follows: 
''§619. Eligibility for consideration for promotion: time-in-
grade and other requirements. 
(2) The table of sections at the beginning of subchapter II 
of chapter 36 of such title is amended by stnking out the item 
relating to section 619 and inserting in lieu thereof the following 
new items: 
"619. Eligibility for consideration for promotion: time-in-grade and other require-
ments. 
"GlQa. Eligibility for consideration for promotion: joint duty assignment required be-
fore promotion to general or flag grade; exceptions.". 
10 use 619a 
(d) REPORT ON PLANS FOR COMPLIANCE WITH SECTION 619a.— 
"^'^ 
Not later than February 1, 1994, the Secretary of Defense shall 
certify to Congress that the Army, Navy, Air Force, and Marine 
Corps have each developed and implemented a plan for their officer 
personnel assignment and promotion policies so as to ensure compli-
ance with the requirements of section 619a of title 10, United 
States Code, as added by subsection (a). Each such plan should 
E
articularly ensure that by January 1, 1999, the service covered 
y the plan shall have enough officers who have completed a full 
tour of duty in a joint duty assignment so as to permit the orderly 
promotion of officers to brigadier general or, in the case of the 
Navy, rear admiral (lower half) pursuant to the requirements of 
chapter 38 of title 10, United States Code. 
10 use 667 note. 
(e) ADDITIONAL INFORMATION TO B E INCLUDED IN NEXT FiVE 
ANNUAL JOINT OFFICER POLICY REPORTS.—The Secretary of Defense 
shall include as part of the information submitted to Congress 
pursuant to section 667 of title 10, United States Code, for each 
of the next five years after the date of the enactment of this 
Act the following: 
(1) The degree of progress made toward meeting the 
requirements of section 619a of title 10, United States Code. 
(2) The compliance achieved with each of the plans devel-
oped pursuant to subsection (d). 
(t) EXTENSION OF TRANSITION PLAN FOR NUCLEAR PROPULSION 
OFFICERS.—(1) Section 1305(b) of Public Law 101-180 (10 U.S.C. 
10 use 619 note. 619a note) is amended by striking out "January 1, 1994" each 
place it appears and inserting in lieu thereof "January 1, 1997". 
10 use 619 note. 
(2) The Secretary of Defense, after consultation with the Chair-
man of the Joint Chiefs of Staff, shall revise the tremsition plan 
developed pursuant to section 1305(b) of Public Law 101-180 to 
take account of the amendments made by subsection (a) and by 
paragraph (1) of this subsection. The Secretary shall include with 
the next report of the Secretary after the date of the enactment 
of this Act under section 619a(hX2) of title 10, United States Code, 
as added by subsection (a), a report on the actions of the Secretary 
in revising such transition plan. 
(3) Such section is further amended by striking out "nuclear 
populsion" in paragraph (IXB) and inserting in lieu thereof "nuclear 
propulsion". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1735 
SEC. 932. JOINT DUTY CBEDIT FOR CERTAIN DUTY PERFORMED DUR. 10 USC 664 note. 
ING OPERATIONS DESERT SHIELD AND DESERT STORM. 
(a) AUTHORITY TO GIVE JOINT DUTY CREDIT.—(1) An officer 
described in paragraph (2) may (subject to paragraph (3)) be given 
credit for service in a joint duty assignment pursuant to the provi-
sions of section 933 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2476; 10 
U.S.C. 664 note), notwithstanding the expiration (under subsection 
(e) of that section) of authority to give such credit imder that 
section. 
(2) Paragraph (1) applies— 
(A) in the case of an ofiicer who was recommended for 
such credit under subsection (aK3) of that section before the 
expiration (under subsection (e) of that section) of authority 
to give such credit, but for whom such credit either was denied 
or was granted as credit for less than a full tour of duty 
in a joint duty assignment; and 
(B) in the case of an officer who did not submit a timely 
request for consideration for such credit. 
(3)(A) In the case of an officer described in paragraph (2XA), 
joint duty credit may be granted by reason of this subsection only 
if the Secretary determines that the decision not to give the credit 
or not to give greater credit, as the case may be, to that officer 
was incorrect. 
(B) In the case of an officer described in paragraph (2XB), 
joint duty credit may bet granted by reason of this subsection only 
if the Secretary determines that the officer's ability to submit a 
timely request was impaired by involvement of the officer in an 
operational assignment and, as a result of the failure to submit 
such a timely request, the officer was not recommended for such 
credit. 
(b) DURATION OF AUTHORITY.—Subsection (a) expires at the 
end of the 90-day period beginning on the date of the enactment 
of this Act. 
(c) 
CLARIFICATION OF INTENDED RELATIONSHIP BETWEEN 
CREDIT AND PROMOTIONS.—(1) Section 933(aXl) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2476; 10 U.S.C. 644 note) is amended by striking 
out "chapter 38 of and inserting in lieu thereof "any provision 
of. 
(2) Any joint duty service credit given to an officer under 
section 933(aXl) of the National Defense Authorization Act for 
Fiscal Year 1993 before the date of the enactment of this Act 
may be applied to any provision of title 10, United States Code. 
SEC. 933. FLEXmiLTTY FOR REQUIRED POST-EDUCATION JOINT DUTY 
ASSIGNMENT. 
(a) IN GENERAL.—Subsection (d) of section 663 of title 10, 
United States Code, is amended to read as follows: 
*
*
(
d
) POST-EDUCATION JOINT DUTY ASSIGNMENTS.—(1) The Sec-
retary of Defense shall ensure that each officer with the joint 
specialty who graduates from a joint professional military education 
school shall be assigned to a joint duty assignment for that officer's 
next duty assignment after such graduation (imless the officer 
receives a waiver of that requirement by the Secretary in an individ-
ual case). 
107 STAT. 1736 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(2XA) The Secretary of Defense shall ensure that a high 
proportion (which shall be greater than 50 percent) of the officers 
graduating from a joint professional military education school who 
do not have the joint specialty shall receive assignments to a 
joint duty assignment as their next duty assignment after such 
graduation or, to the extent authorized in subparagraph (B), as 
their second duty assignment after such graduation. 
"(B) The Secretary may, if the Secretary determines that it 
is necessary to do so for the efficient management of officer person-
nel, establish procedures to allow up to one-half of the officers 
subject to the ^oint duty assignment requirement in subparagraph 
(A) to be assigned to a joint duty assignment as their second 
(rather than first) assignment after such graduation from a joint 
professional military education school.". 
1
0 use 663 note. 
(b) E
F
F
E
C
T
I
V
E D
A
T
E
.
—
^
T
h
e amendments made by subsection 
(a) shall apply with respect to officers graduating from joint profes-
sional military education schools after the date of the enactment 
of this Act. 
Subtitle D—Other Matters 
SEC. 941. ARMY RESERVE COMMAND. 
Section 903 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1620; 10 U.S.C. 3074 
note) is amended— 
(1) in subsection (a), by striking out "shall be a msgor 
subordinate command of Forces Command" and inserting in 
lieu thereof "shall be a separate command of the Aimy com-
manded by the Chief, Army Reserve"; 
(2) in subsection (bX2), by striking out "Commander-in-
Chief, Forces Command" and inserting in lieu thereof "Com-
mander-in-Chief, United States Atlantic Command"; and 
(3) by striking out subsections (c) through (e). 
SEC. 942. FLEXmnJTY 
IN ADMINISTERING REQUIREMENT FOR 
ANNUAL FOUR PERCENT REDUCTION IN NUMBER OF 
PERSONNEL ASSIGNED TO HEADQUARTERS AND HEAD-
QUARTERS SUPPORT ACnVITIES. 
Section 906(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1622) is amended 
by adding at the end the following: "If the number by which the 
number of such personnel is reduced during any of fiscal years 
1991, 1992, 1993, or 1994 is greater than the number required 
under the preceding sentence, the excess number from that fiscal 
year may be applied by the Secretary toward the required reduction 
during a subsequent fiscal year (so that the total reduction under 
this section need not exceed the number equal to five times the 
required reduction number specified under the preceding sen-
tence).". 
SEC. 943. REPORT ON DEPARTMENT OF DEFENSE BOTTOM UP REVIEW. 
(a) REPORT REQUIRED.—-The Secretarv of Defense shall submit, 
in classified and unclassified forms, to tne Committees on Armed 
Services of the Senate and House of Representatives a report on 
aspects of the comprehensive review or Department of Defense 
activities ordered by the Secretary of Defense and identified as 
the "Bottom Up RevieV (hereinafter in this section referred to 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1737 
as the "Review") that were not included in the October 1993 Depart-
ment of Defense report entitled "Report on the Bottom-Up Review". 
The report shall include the following information: 
(1) A presentation of the process, structure, and scope 
of the Review, including all programs and policies examined 
by the Review. 
(2) The various force structure, strategy, budgetary, and 
programmatic options considered as part of the Review. 
(3) A description of any threat assessment or defense plan-
ning scenario used in conducting the Review. 
(4) The criteria used in the development, review, and selec-
tion of the alternative strategy, force structure, programmatic, 
budgetary, and other options considered in the Review. 
(5) A detailed description and break out of the resource 
savings and costs resulting from the recommendations stated 
in the October 1993 Department of Defense report entitled 
"Report on the Bottom-Up Review". 
(6) Presentation of changes as a result of the Review in 
each of the following: 
(A) The National Security Strategy of the United 
States, as described in the January 1993 report entitled 
"National Security Strategy of the United States", issued 
by former President Bush. 
(B) The National Military Strategy of the United 
States, as described in the January 1993 report entitled 
"Annual Report to the President and the Congress" from 
former Secretary of Defense Cheney. 
(C) The military force structure and active and reserve 
personnel end strength, as described in the January 1993 
report entitled "Annual Report to the President and the 
Congress" from former Secretary of Defense Cheney. 
(D) The roles and functions of the military departments 
and the roles and functions of the unified commands as 
set out in the Unified Command Plan. 
(E) Cost, schedule, and inventory objectives for major 
defense acquisition programs (as defined in section 2430 
of title 10, United States Code) altered as a result of 
the Review. 
(b) DEADLINE.—^The report required by subsection (a) shall be 
submitted not later than the date on which the budget for fiscal 
year 1995 is submitted to Congress pursuant to section 1105 of 
title 31, United States Code. 
SEC. 944. REPEAL OF TERMINATION OF REQUIREMENT FOR A DIREC-
TOR OF EXPEDITIONARY WARFARE IN THE OFFICE OF THE 
CHIEF OF NAVAL OPERATIONS. 
Subsection (e) of section 5038 of title 10, United States Code, 
is repealed. 
SEC. 945. CINC INITIATIVE FUND. 
Of the amoimts authorized to be appropriated pursuant to 
section 301 for Defense-wide activities, $30,000,000 shall be made 
available for the CINC Initiative Fund. 
107 STAT. 1738 
PUBLIC LAW 103-160—NOV. 30, 1993 
10 use 111 note. 
Subtitle E—Commission on Roles and 
Missions of the Armed Forces 
SEC. 951. FINDINGa 
Congress makes the following findings: 
(1) The current allocation of roles and missions among 
the Armed Forces evolved from the practice during World War 
II to meet the Cold War threat ana may no longer be appro-
priate for the post-Cold War era. 
(2) Many analysts believe that a realignment of those roles 
and mission is essential for the efficiency and effectiveness 
of the Armed Forces, particularly in li^t of lower budgetary 
resoiut^s that will be available to the Department of Defense 
in the future. 
(3) The existing process of a triennial review of roles and 
missions by the Chairman of the Joint Chiefs of Staff pursuant 
to provisions of law enacted by the Goldwater-Nichols Depart-
ment of Defense Reor|^anization Act of 1986 has not produced 
the comprehensive review envisioned by Congress. 
(4) It is difficult for any organization, and may be particu-
larly difficult for the Department of Defense, to reform itself 
without the benefit and authority provided by external perspec-
tives and analysis. 
SEC. 952. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—^There is hereby established a commission 
to be known as the Commission on Roles and Missions of the 
Armed Forces (hereinafter in this subtitle referred to as the 
"Commission"). 
(b) COMPOSITION AND QUALIFICATIONS.—(1) The Commission 
shall be composed of seven members. Members of the Commission 
shall be i»>pointed by the Secretary of Defense. 
(2) The Commission shall be appointed from among private 
United States citizens with appropriate and diverse military, 
organizational, and management experiences and historical perspec-
tives. 
(3) The Secretary shall designate one of the members as chair-
man of the Commission. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in the 
same manner as the original appointment. 
(d) INITIAL ORGANIZATIONAL REQUIREMENTS.—(1) The Secretary 
shall make all appointments to the Commission within 45 days 
after the date of the enactment of this Act. 
(2) The Commission shall convene its first meeting within 30 
days after the first date on which all members of the Commission 
have been appointed. At that meeting, the Commission shall develop 
an agenda and a schedule for carrying out its duties. 
SEC. 953. DUTIES OF COMMISSION. 
(a) IN GENERAL.—^The Commission shall— 
(1) review the efficacy and appropriateness for the post-
Cold War era of the current allocations among the Armed 
Forces of roles, missions, and functions; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1739 
(2) evaluate and report on alternative allocations of those Reports. 
roles, missions, and functions; and 
(3) make recommendations for changes in the ciirrent defi-
nition and distribution of those roles, missions, and functions. 
(b) 
REVIEW 
OF 
POTENTIAL 
MILITARY 
OPERATIONS.—The 
Commission shall review the types of military operations that may 
be required in the post-Cold War era, taking into account the 
requirements for success in various tjrpes of operations. As part 
of such review, the Commission shall take into consideration the 
official strategic planning of the Department of Defense. The tjrpes 
of operations to be considered by the Commission as part of such 
review shall include the following: 
(1) Defense of the United States. 
(2) Warfare against other national military forces. 
(3) Participation in peacekeeping, peace enforcement, and 
other nontraditional activities. 
(4) Action against nuclear, chemical, and biological weapons 
capabilities in hostile hands. 
(5) Support of law enforcement. 
(6) Other types of operations as specified by the chairman 
of the Commission. 
(c) COMMISSION TO DEFINE BROAD MISSION AREAS AND KEY 
SUPPORT REQUIREMENTS.—^As a result of the review imder sub-
section (b), the Commission shall define broad mission areas and 
key support requirements for the United States military establish-
ment as a whole. 
(d) DEVELOPMENT OF CONCEPTUAL FRAMEWORK FOR ORGANIZA-
TIONAL ALLOCATIONS.—^The Commission shall develop a conceptual 
framework for the review of the organizational allocation among 
the Armed Forces of military roles, missions, and functions. In 
developing that framework, the Commission shall consider— 
(1) static efficiency (such as duplicative overhead and econo-
mies of scale); 
(2) djmamic effectiveness (including the benefits of competi-
tion and the effect on innovation); 
(3) interoperability, responsiveness, and other aspects of 
military effectiveness in the neld; 
(4) gaps in mission coverage and so-called orphan missions 
that are inadequately served by existing organizational entities; 
(5) division of responsibility on the battlefield; 
(6) exploitation of new technology and operational concepts; 
(7) the degree of disruption that a change in roles and 
missions would entail; and 
(8) the experience of other nations. 
(e) RECOMMENDATIONS CONCERNING MILITARY ROLES AND MIS-
SIONS.—^Based upon the conceptual framework developed under sub-
section (d) to evaluate possible changes to the existing allocation 
among the Armed Forces of military roles, missions, and functions, 
the Commission shall recommend— 
(1) the functions for which each military department should 
organize, train, and equip forces; 
(2) the missions of combatant commands; and 
(3) the roles that Congress should assign to the various 
military elements of the Department of Defense. 
(f) RECOMMENDATIONS CONCERNING CIVILIAN ELEMENTS OF 
DEPARTMENT OF DEFENSE.—^The Commission may address the roles, 
missions, and functions of civilian portions of the Department of 
107 STAT. 1740 
PUBLIC LAW 103-160—NOV. 30, 1993 
Defense and other national security agencies to the extent that 
changes in these areas are collateral to changes considered in 
military roles, missions, and functions. 
(g) 
RECOMMENDATIONS CONCERNING PROCESS FOR FUTURE 
CHANGES.—^The Commission shall also recommend a process for 
continuing to adapt the roles, missions, and functions of the Armed 
Forces to future changes in technology and in the international 
security environment. 
SEC. 9S4. REPORTa 
(a) IMPLEMENTATION PLAN.—Not later than three months after 
the date on which all members of the Commission have been 
appointed, the Commission shall transmit to the Committees on 
.Ajined Services of the Senate and House of Representatives a 
report setting forth its plan for the work of the Commission. The 
plan shall be developed following discussions with the Secretary 
of Defense, the Chairman of the Joint Chiefs of Staff, and the 
chairmen of those committees. 
(b) COMMISSION REPORT.—The Commission shall, not later than 
one year after the date of its first meeting, submit to the committees 
named in subsection (a) and to the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff a report setting forth the 
activities, findings, and recommendations of the Commission, 
including any reconmiendations for legislation that the Commission 
considers advisable. 
(c) ACTION BY SECRETARY OF DEFENSE.—The Secretarv of 
Defense, after consultation with the Chairman of the Joint Cniefs 
of Staff, shall submit comments on the Commission's report to 
the committees referred to in subsection (b) not later than 90 
. days following receipt of the report. 
SEC. 955. POWERS. 
(a) HEARINGS.—^The Commission or, at its direction, any panel 
or member of the Commission, may, for the purpose of carrying 
out the provisions of this subtitle, hold hearings, sit and act at 
times and places, take testimony, receive evidence, and administer 
oaths to the extent that the Commission or any panel or member 
considers advisable. 
(b) INFORMATION.—^The Commission may secure directly from 
the Department of Defense and any other Federal department or 
agency any information that the Commission considers necessary 
to enable the Commission to carry out its responsibilities under 
this subtitle. Upon request of the chairman of the Commission, 
the head of such department or agency shall furnish such informa-
tion expeditiously to the Commission. 
SEC. 958. COMMISSION PROCEDURES. 
(a) MEETINGS.—^The Commission shall meet at the call of the 
chairman. 
(b) QUORUM.^ 
1) Foiu* members of the Commission shall con-
stitute a quorum, but a lesser nimiber of members may hold 
hearings. 
(2) The Commission shall act by resolution agreed to by a 
mcgority of the members of the Commission. 
(c) PANELS.—^The Commission may establish panels composed 
of less than the fidl membership of the Commission for the purpose 
of carr3dng out the Commission's duties. The actions of each such 
panel shan be subject to the review and control of the Commission. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1741 
Any findings and determinations made by such a panel shall not 
be considered the findings and determinations of the Commission 
unless approved by the Commission. 
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.— 
Any member or agent of the Commission may, if authorized by 
the Commission, tuce any action which the Commission is author-
ized to take under this suotitle. 
SEC. 957. PERSONNEL MATTERS. 
(a) PAY OF MEMBERS.—^Each member of the Commission shall 
be paid at a rate equal to the daily equivalent of the annual 
rate of basic pay payable for level V of the Executive Schedule 
under section 5316 of title 5, United States Code, for each day 
(including travel time) during which the member is engaged in 
the performance of the duties of the Commission. All members 
of the Commission who are officers or employees of the United 
States shall serve without pay in addition to that received for 
their services as officers or employees of the United States. 
(b) TRAVEL EXPENSES.—^Tne members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorizea for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away firom 
their homes or regular places of business in the performance of 
services for the Commission. 
(c) STAFF.—(1) The chairman of the Commission may, without 
regard to the provisions of title 5, United States Code, governing 
appointments m the competitive service, appoint a staff director 
and such additional personnel as may be necessary to enable the 
Commission to perform its duties. The appointment of a staff direc-
tor shall be subject to the approval of the Commission. 
(2) The chairman of the Commission may fix the pay of the 
staff director and other personnel without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay fixed under this 
paragraph for the staff mrector may not exceed the rate payable 
for level V of the Executive Schedule under section 5316 of such 
title and the rate of pay for other personnel mav not exceed the 
maximum rate payable for grade GS-15 of the General Schedule. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—^Upon request of the 
chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel 
of that aepartment or agency to the Commission to assist it in 
carrying out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—^The chairman of the Commission may procure temporary 
and intermittent servio^s under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay payable for level V 
of 
the Executive Schedule under section 5316 of such title. 
SEC. 968. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 
(a) POSTAL AND PRINTING SERVICES.—The Commission may 
use the United States mails and obtain printing and binding serv-
ices in the same manner and under the same conditions as other 
departments and agencies of the Federal Grovemment. 
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.— 
The Secretary of Defense shall furnish the Commission, on a 
107 STAT. 1742 
PUBLIC LAW 103-160—NOV. 30, 1993 
reimbursable basis, any administrative and support services 
requested by the Commission. 
(c) GIFTS.—^The Commission may accept, use, and dispose of 
gifts or donations of services or property. 
(d) TRAVEL.—^To the maximimi extent practicable, the members 
and employees of the Commission shall travel on military aircraft, 
military ships, military vehicles, or other military conveyances when 
travel is necessary in the performance of a responsibility of the 
Commission, except that no such aircrafl, ship, vehicle, or other 
conveyance may be scheduled primarily for the transportation of 
any such member or employee when the cost of commercial 
transportation is less expensive. 
SEC. 959. PAYMENT OF COMMISSION EXPENSES. 
The compensation, travel expenses, and per diem allowances 
of members and employees of the Commission shall be paid out 
of funds available to the Department of Defense for the pajmient 
of compensation, travel allowances, and per diem allowances, 
respectively, of civilian employees of the Department of Defense. 
The other expenses of the Commission shall be paid out of funds 
available to the Department of Defense for the payment of similar 
expenses incurred by that Department. 
SEC. 960. TERMINATION OF THE COMMISSION. 
The Commission shall terminate on the last day of the sixteenth 
month that begins after the date of its first meeting, but not 
earlier than 30 days after the date of the Secretary of Defense's 
submission of comments on the Commission's report. 
TITLE X—ENVIRONMENTAL 
PROVISIONS 
SEC. 1001. ANNUAL ENVIRONMENTAL REPORTS. 
(a) REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.— 
Subsection (a) of section 2706 of title 10, United States Code, 
is amended to read as follows: 
"(a) REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.— 
(1) The Secretary of Defense shall submit to the Congress each 
year, not later than 30 days after the date on which the President 
submits to the Congress the budget for a fiscal year, a report 
on the progress made by the Secretary in carrying out environ-
mental restoration activities at military installations. 
"(2) Each such report shall include, with respect to environ-
mental restoration activities for each military installation, the 
following: 
"(A) A statement of the number of sites at which a hazard-
ous substance has been identified. 
"(B) A statement of the status of response actions proiposed 
for or initiated at the military installation. 
"(C) A statement of the total cost estimated for such 
response actions. 
"(D) A statement of the amount of funds obligated by 
the Secretary for such response actions, and the progress made 
in implementing the response actions during tne fiscal year 
preceding the year in which the report is submitted, including 
an explanation o
f
— 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1743 
"(i) any cost overruns for such response actions, if 
the amount of funds obUgated for those response actions 
exceeds the estimated cost for those response actions by 
the greater of 15 percent of the estimated cost or 
$10,000,000; and 
"(ii) any deviation in the schedule (including a mile-
stone schedule specified in an agreement, order, or man-
date) for such response actions of more than 180 days. 
"(E) A statement of the amoimt of fimds allocated by the 
Secretary for, and the anticipated progress in implementing, 
such response actions during the fiscal year in which the report 
is submitted. 
"(F) A statement of the amount of funds reauested for 
such response actions for the five fiscal years following the 
fiscal year in which the report is submitted, and the anticipated 
progress in implementing such response actions for the fiscal 
year for which the budget is submitted. 
"(G) A statement of the total costs incurred for such 
response actions as of the date of the submission of the report. 
"(H) A statement of the estimated cost of completing all 
environmental restoration activities required with respect to 
the military installation, including, where relevant, the esti-
mated cost of such aictivities in each of the five fiscal years 
following the fiscal year in which the report is submitted. 
"(I) A statement of the estimated schedule for com-
pleting all environmental restoration activities at the military 
mstallation. 
(b) REPORT ON ENVIRONMENTAL COMPLIANCE AcnvrriES.—Sub-
section (b) of section 2706 of such title is amended to read as 
follows: 
"(b) REPORT ON ENVIRONMENTAL COMPLIANCE ACTIVITIES.—(1) 
The Secretary of Defense shall submit to the Congress each year, 
not later than 30 days after the date on which the President 
submits to the Congress the budget for a fiscal year, a report 
on the progress made b
3
^ the Secretary in canying out environ-
mental compliance activities at military installations. 
"(2) Eaoi such report shall include the following: 
"(A) A statement of the 
fiinding 
levels and full-time person-
nel required for the Department of Defense to comply with 
applicable environmental laws diiring the fiscal year for which 
the budget is submitted, setting forth separately the funding 
levels and personnel required for the Department of Defense 
as a whole and for each military installation. 
"(B) A statement of the funding levels and full-time person-
nel requested for such purposes m the budget submitted by 
the President at the same time as the report, including— 
"(i) an explanation of any differences between the fimd-
ing level and personnel requirements and the funding level 
and personnel requests in the budget; and 
(ii) a statement setting forth separately the funding 
levels and full-time personnel requested for the Department 
of Defense as a whole and for each military installation. 
"(C) A projection of the fimding levels ana the nimiber 
of full-time personnel that will be required over the five fiscal 
years following the fiscal year in which the report is submitted 
for the Department of Defense to comply with applicable 
environmental laws, setting forth separately such projections 
107 STAT. 1744 
PUBLIC LAW 103-160—NOV. 30, 1993 
for the Department of Defense as a whole and for each militaiy 
installation. 
"(D) An analysis of the effect that compliance with such 
environmental laws may have on the operations and mission 
capabilities of the Department of Defense as a whole and of 
each military installation. 
"(E) A statement of the funding levels requested in the 
budget submitted by the President at the same time as the 
report for carrying out research, development, testing, and 
evaluation for environmental purposes or environmental activi-
ties of the Department of Defense. The statement shall set 
forth separately the funding levels requested for the Depart-
ment of Defense as a whole and for each military department 
and Defense Agency. 
"(F) A description of the number and duties of all current 
fidl-time civilian and military personnel who carry out environ-
mental activities (including research) for the Department of 
Defense, including a description of the organizational structure 
of such personnel from the Secretary of Defense down to the 
militanr installation level. 
"(G) A statement of the funding levels and personnel 
required for the Department of Defense to comply with 
applicable environmental requirements for military installa-
tions located outside the United States during the fiscal year 
for which the budget is submitted.". 
(c) REPORT ON CONTRACTOR REIMBURSEMENT COSTS.—Section 
2706 of such title is amended by adding at the end the following 
new subsection: 
"(c) REPORT ON CONTRACTOR REIMBURSEMENT COSTS,—(1) The 
Secretary of Defense shall submit to the Congress each year, not 
later than 30 days after the date on which the President submits 
to the Congress the budget for a fiscal year, a report on payments 
made by the Secretary to defense contractors for the costs of 
environmental response actions. 
"(2) Each such report shall include, for the fiscal year preceding 
the year in which the report is submitted, the following: 
"(A) An estimate of the payments made by the Secretary 
to aiw defense contractor (other than a response action contrac-
tor) for the costs of environmental response actions at facilities 
owned or operated by the defense contractor or at which the 
defense contractor is liable in whole or in part for the environ-
mental response action. 
"(B) A statement of the amount and current status of 
any pending requests by any defense contractor (other than 
a response action contractor) for payment of the costs of 
environmental response actions at facilities owned or operated 
by the defense contractor or at which the defense contractor 
is liable in whole or in part for the environmental response 
action.". 
(d) DEFINITIONS.—Section 2706 of such title, as amended by 
subsection (c), is further amended by adding at the end the following 
new subsection: 
"(d) DEFINITIONS.—In this section: 
**(1) The term 'defense contractor*— 
*
*
(
A
) means an entity (other than an entity referred 
to in subparagraph (B)) that is one of the top 100 entities 
receiving the largest dollar volume of prime contract 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1745 
awards by the Department of Defense during the fiscal 
year covered by the report; and 
"(B) does not include small business concerns, commer-
cial companies (or segments of commercial companies) 
providing commercial items to the Department of Defense. 
(2) The term 'military installation' has the meaning given 
such term in section 2687(e) of this title, except that such 
term does not include a homeport facility for any ship and 
includes— 
"(A) each facility or site owned by, leased to, or other-
wise possessed by the United States and under the jurisdic-
tion of the Secretary of Defense; 
"(B) each facility or site which was under the jurisdic-
tion of the Secretary and owned by, leased to, or otherwise 
possessed by the United States at the time of actions 
leading to contamination by hazardous substances; and 
"(U) each facility or site at which the Secretary is 
conducting environmental restoration activities. 
"(3) The term 'response action contractor' has the meaning 
g
iven such term in section 119(eX2) of the Comprehensive 
nvironmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9619(6X2)).". 
(e) TIME OF SUBMISSION OF CERTAIN REPORTS.—(1) A report lo use 2706 
submitted in 1994 under subsection (a) of section 2706 of title '^°^-
10, United States Code, as amended by subsection (a), and imder 
subsection (b) of such section, as amended by subsection (b), shall 
be submitted not later than March 31,1994. 
(2) A report imder subsection (c) of section 2706 of such title, 
as added by subsection (c), shall be submitted for fiscal years 
beginning with fiscal year 1993. Any such report that is submitted 
for fiscal year 1993 or fiscal year 1994 shall be submitted not 
later than February 1,1995. 
SEC. 1002. INDEMNIFICATION 
OF 
TRANSFEREES 
OF 
CLOSING 
DEFENSE PROPERTY FOR RELEASES OF PETROLEUM AND 
PETROLEUM DERIVATIVES. 
Section 330 of the National Defense Authorization Act for Fiscal 
Year 1993 (10 U.S.C. 2687 note) is amended by striking out "hazard-
ous substance or pollutant or contaminant" m subsections (a) and 
(d) and inserting in lieu thereof "hazardous substance, pollutant 
or contaminant, or petroleum or petroleum derivative". 
SEC. 1003. SHIPBOARD PLASTIC AND SOLID WASTE CONTROL. 
(a) COMPLIANCE BY NAVY SHIPS WITH CERTAIN POLLUTION CON-
TROL CONVENTIONS.—Subsection (bX2XA) of section 3 of the Act 
to Prevent Pollution from Ships (33 U.S.C. 1902) is amended by 
striking out "after 5 years" and all that follows and inserting 
in lieu thereof "as follows: 
"(i) After December 31, 1993, to all ships referred to in 
paragraph (IXA) of this subsection other than those owned 
or operated by the Department of the Navy. 
"(ii) Except as provided in subsection (c) of this section, 
after December 31, 1998, to all ships referred to in paragraph 
(IXA) of this subsection other than submersibles owned or 
operated by the Department of the Navy. 
"(iii) Except as provided in subsection (c) of this section, 
after December 31, 2008, to all ships referred to in paragraph 
(IXA) of this subsection.". 
107 STAT. 1746 
PUBLIC LAW 103-160—NOV. 30, 1993 
33 use 1902. 
(b) SPECIAL AREA DISCHARGES.—Section 3 of such Act is 
amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (g), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
"(c) DISCHARGES IN SPECIAL AREAS.—(1) Not later than Decem-
ber 31, 2000, all surface ships owned or operated by the Department 
of the Navy, and not later than December 31, 2008, all submersibles 
owned or operated by the Department of the Navy, shall compK^ 
with the special area requirements of Reflation 5 of Annex V 
to the Convention. 
"(2) Not later than 3 years after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1994, 
the Secretary of the Navy shall, in consultation with the Secretary 
of State, the Secretaiy of Commerce, the Secretary of Transpor-
tation, and the Admmistrator of the Environmental Protection 
Agency, submit to the Congress a plan for the compliance by all 
ships owned or operated by the Department of the Navy with 
the requirements set forth in paragraph (1) of this subsection. 
Such plan shall be submitted after opportunity for public participa-
tion in its preparation, and for public review and comment. 
"(3) If the Navy plan for compliance demonstrates that compli-
ance with the requirements set forth in paragraph (1) of this sub-
section is not tecnnologically feasible in the case of certain ships 
under certain circumstances, the plan shall include information 
describing— 
'AA) the ships for which full compliance with the require-
ments of paragraph (1) of this subsection is not technologically 
feasible; 
"(B) the technical and operational impediments to achieving 
such compliance; 
"(C) a proposed alternative schedule for achieving such 
compliance as rapidlj^ as is technologically feasible; and 
"(D) such other information as the Secretary of the Navy 
considers relevant and appropriate. 
"(4) Upon receipt of the compliance plan under paragraph (2) 
of this subsection, the Congress may modify the applicability of 
paragraph (1) of this subsection, as appropriate.". 
(c) COMPLIANCE MEASURES.—Section 3 of such Act is amended 
by inserting after subsection (d), as redesignated by subsection 
(bXD, the following new subsection: 
**(e) COMPLIANCE BY EXCLUDED VESSELS.—(1) The Secretary 
of the Navy shall develop and, as appropriate, support the develop-
ment of technologies and practices for solid waste management 
aboard ships owned or operated by the Department of the Navy, 
including technologies and practices for the reduction of the waste 
stream generated aboard such ships, that are necessary to ensure 
the compliance of such ships with Annex V to the Convention 
on or before the dates referred to in subsections (bX2XA) and 
(cXD of this section. 
"(2) Notwithstanding any effective date of the application of 
this section to a ship, the provisions of Annex V to the Convention 
with respect to the disposal of plastic shall apply to ships equipped 
with plastic processors required for the long-term collection and 
storage of plastic aboard ships of the Navy upon the installation 
of sucn processors in such ships. 
,
^ 
~ 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1747 
"(3) Except when necessary for the purpose of securing the 
safety of the ship, the health of the ship's personnel, or saving 
life at sea, it shall he a violation of this Act for a ship referred 
to in subsection (bXlXA) of this section that is owned or operated 
by the Department of the Navy: 
''(A) With regard to a submersible, to discharge buoyant 
garbage or garbage that contains more than the minimum 
amoimt practicable of plastic. 
"(B) With regard to a surface ship, to discharge plastic 
contaminated by food during the last 3 days before the ship 
entersport. 
"(C) With regard to a surface ship, to discharge plastic, 
except plastic that is contaminated by food, during the last 
20 days before the ship enters port. 
"(4) The Secretary of Defense shall publish in the Federal Federal 
Register: 
^ubiifti n 
**(A) Beginning on October 1,1994, and each year thereafter 
^" ^ ^ ^°^' 
until October 1, 2000, the amount and nature of the discharges 
in special areas, not otherwise authorized under Annex V to 
the Convention, during the preceding year from ships referred 
to in subsection (bXlXA) of this section owned or operated 
by the Department of the Navy. 
"(B) Beginning on October 1,1996, and each year thereafter 
until October 1, 1998, a list of the names of such ships equipped 
with plastic processors pursuant to section 1003(e) of the 
National Defense Authorization Act for Fiscal Year 1994.". 
(d) WAIVER AUTHORITY.—Section 3 of such Act, as amended 
by subsection (c), is further amended by inserting after subsection 
(e) the following new subsection: 
"(0 WAIVER AUTHORITY.—The President may waive the effective 
dates of the requirements set forth in subsection (c) of this section 
and in subsection 1003(e) of the National Defense Authorization 
Act for Fiscal Year 1994 if the President determines it to be in 
the paramount interest of the United States to do so. Any such 
waiver shall be for a period not in excess of one year. The President 
shall submit to the Congress each January a report on all waivers 
from the requirements of this section granted during the preceding 
calendar year, together with the reasons for granting such waivers. . 
(e) OTHER ACTIONS.—(1) Not later than October 1, 1994, the 33 use 1902 
Secretary of the Navy shall release a request for proposals for "
°
^
®
-
equipment (hereinafter in this subsection referred to as "plastics 
processor") required for the long-term collection and storage of 
plastic aboard ships owned or operated by the Navy. 
(2) Not later than July 1, 1996, the Secretary shall install 
the first production unit of the plastics processor on board a ship 
owned or operated by the Navy. 
(3) Not later than March 1, 1997, the Secretary shall complete 
the installation of plastics processors on board not less than 25 
percent of the ships owned or operated by the Navy that require 
Plastics processors to comply with section 3 of the Act to Prevent 
'oUution from Ships, as amended by subsections (a), (b), and (c) 
of this section. 
(4) Not later than July 1, 1997, the Secretary shall complete 
the installation of plastics processors on board not less than 50 
percent of the ships owned or operated by the Navy that require 
processors to comply with section 3 of such Act, as amended by 
subsections (a), (b), and (c) of this section. 
107 STAT. 1748 
PUBLIC LAW 103-160—NOV. 30, 1993 
(5) Not later than July 1, 1998, the Secretary shall complete 
the installation of plastics processors on board not less than 75 
percent of the ships owned or operated by the Navy that require 
processors to comply with section 3 of such Act, as amended by 
subsections (a), (b), and (c) of this section. 
(6) Not later than December 31, 1998, the Secretary shall 
complete the installation of plastics processors on board all ships 
owned or operated by the Navy that require processors to comply 
with section 3 of such Act, as amended by subsections (a), (b), 
and (c) of this section. 
(f) DEFINITION.—Section 2(a) of the Act to Prevent Pollution 
from Ships (33 U.S.C. 1901(a)) is amended— 
(1) by striking out "and" at the end of paragraph (8); 
(2) by redesignating paragraph (9) as paragraph (10); and 
(3) by inserting after paragraph (8) the following new para-
graph (9): 
"(9) 'submersible' means a submarine, or any other vessel 
designed to operate under water; and". 
SEC. 1004. EXTENSION OF APPUCABIUTY PERIOD FOR REIMBURSE-
MENT FOR CERTAIN UABIUTIES ARISING UNDER 
HAZARDOUS WASTE CONTRACTS. 
Section 2708(bXl) of title 10, United States Code, is amended 
' by striking out "and 1993" and inserting in lieu thereof "through 
1996". 
SEC. 1005. PROmBITION ON THE PURCHASE OF SURETY BONDS AND 
OTHER 
GUARANTIES 
FOR 
THE 
DEPARTMENT 
OF 
DEFENSE. 
No funds appropriated or otherwise made available to the 
Department of Defense for fiscal year 1994 may be obligated or 
expended for the purchase of surety bonds or other guaranties 
of financial responsibility in order to guarantee the performance 
of £my direct function of the Department of Defense.' 
TITLE XI—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1101. TRANSFER AUTHORTIY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination b^ the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in 
this division for fiscal year 1994 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $2,000,000,000. 
(b) LIMITATIONS,—^The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
. 
.* 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1749 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amoiuit is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority 
of this section. 
SEC. 1102. CLARIFICATION OF SCOPE OF AUTHORIZATIONS. 
No funds are authorized to be appropriated under this Act 
for the Department of Justice. 
SEC. 1103. INCORPORATION OF CLASSIFIED ANNEX. 
10 USC 114 note. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the bill H.R. 
2401 of the One Himdred Third Congress and transmitted to the 
President is hereby incorporated into this Act. 
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The 
amounts specified in the Classified Annex are not in addition to 
amounts authorized to be appropriated by other provisions of this 
Act. 
(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified 
Annex may only be expended for that program, project, or activity 
in accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—^The President shall President. 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the annex, within the executive branch 
of the Government. 
SEC. 1104. REVISION OF DATE FOR SUBMITTAL OF JOINT REPORT ON 
SCORING OF B U D G E T OUTLAYS. 
Section 226(a) of title 10, United States Code, is amended— 
(1) by striking out "Not later than" and all that follows 
through "section 1105 of title 31", and inserting in lieu thereof 
"Not later than December 15 of each year"; and 
(2) in paragraph (1), by striking out "that budget" and 
inserting in lieu thereof "the budget to be submitted to Congress 
in the following year pursuant to section 1105 of title 31". 
SEC. 1106. C O M P T R O L L E R GENERAL AUDITS OF ACCEPTANCE BY 
D E P A R T M E N T OF DEFENSE OF PROPERTY, SERVICES, 
A
N
D CONTRIBUTIONS. 
(a) PROPERTY AND SERVICES FROM FOREIGN COUNTRIES IN 
CONNECTION WITH CERTAIN AGREEMENTS.—Subsection (d) of section 
2350g of title 10, United States Code, is amended to read as 
follows: 
"(d) PERIODIC AuDrrs BY GAO.—The Comptroller General of 
the United States shall make periodic audits of money and property 
accepted imder this section, at such intervals as the Comptroller 
General determines to be warranted. The Comptroller General shall Reports. 
submit to Congress a report on the results of each such audit.". 
107 STAT. 1750 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) DEFENSE COOPERATION ACCOUNT.—(1) Subsection (i) of sec-
tion 2608 of such title is amended to read as follows: 
"(i) PERIODIC AUDITS BY GAO.—The Comptroller General of 
the United States shall make periodic audits of money and property 
accepted imder this section, at such intervals as the Comptroller 
Reports. 
General determines to be warranted. The Comptroller General shall 
submit to Congress a report on the results of each such audit.". 
(2) The heading of such section is amended to read as follows: 
"§2608. Acceptance of contributions for defense programs, 
projects, and activities; Defense 
Cooperation 
Account. 
(3) The item relating to such section in the table of sections 
at the beginning of chapter 155 of such title is amended to read 
as follows: 
"2608. Acceptance of contributions for defense programs, projects, and activities; 
Defense Cooperation Account.". 
31 use 1531 
note. 
SEC. 1106. LIMITATION ON TRANSFERRING DEFENSE FUNDS TO 
OTHER DEPARTMENTS AND AGENCIES. 
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States 
Code, is amended by inserting aiter section 2214 the following 
new section: 
"§2215. Transfer of funds to other departments and agen-
cies: limitation 
"Funds available for military functions of the Department of 
Defense may not be made available to any other department or 
agency of the Federal Government pursuant to a provision of law 
enacted after November 29, 1989, unless, not less than 30 days 
before such funds are made available to such other department 
or agency, the Secretary of Defense submits to the Committees 
on Armed Services and the Committees on Appropriations of the 
Senate and House of Representatives a certification that making 
those funds available to such other department or agency is in 
the national security interest of the United States.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2214 
the following new item: 
"2215. Transfer of funds to other departments and agencies: limitation.". 
(b) CONFORMING REPEAL.—Section 1604 of Public Law 101-
189 (103 Stat. 1598) is repealed. 
SEC. 1107. SENSE OF CONGRESS CONCERNING DEFENSE BUDGET 
PROCESS. 
It is the sense of Congress that any future-years defense plan 
prepared after the date of the enactment of this Act— 
(1) should be based on an objective assessment of United 
States national security requirements and include funding 
proi}osals at a level capable of protecting and promoting the 
Nation's interests; and 
(2) should be based on financial integrity and accountability 
to ensure a fully fimded defense program necessary to maintain 
a ready and capable force. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1751 
SEC. 1108. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS. 
(a) IN GENERAL.—(1) Chapter 3 of title 10, United States Code, 
is amended by inserting aiiter section 127 the following new section: 
*
*
§ 127a. Expenses for contingency operations 
**(a) DESIGNATION OF NATIONAL CONTINGENCY OPERATIONS.— 
The funding procedures prescribed by this section apply with respect 
to any operation involving the armed forces that is designated 
by the Secretary of Defense as a National Contingency Operation. 
Whenever the Secretary designates an operation as a National 
Contingency Operation, the Secretary shall promptly transmit 
notice of that designation in writing to Congress. This section 
does not provide authority for the President or the Secretary of 
Defense to carry out an operation, but applies to the Department 
of Defense mechanisms by which funds are provided for operations 
that the armed forces are required to carry out imder some other 
authority. 
"(b) WAIVER OF REQUIREMENT TO REIMBURSE SUPPORT UNITS.— 
(1) When an operating unit of the armed forces participating in 
a National Contingency Operation receives support services from 
a support unit of the armed forces that operates through the Defense 
Business Operations Fund (or a successor fund), that operating 
unit need not reimburse that support unit for the incremental 
costs incurred by the support unit in providing such support, not-
withstanding any other provision of law or Government accounting 
practice. 
**(2) The amounts which but for paragraph (1) would be required 
to be reimbursed to a support unit shall be recorded as an expense 
attributable to the operation and shall be accounted for separately. 
"(3) The total of the unreimbursed sums for all National Contin-
gency Operations may not exceed $300,000,000 at any one time. 
"(c) 
FINANCIAL PLAN FOR CONTINGENCY OPERATIONS.—(1) 
Within two months of the beginning of any National Contingency 
Operation, the Secretar>' of Defense shall submit to Congress a 
financial plan for the operation that sets forth the manner by 
which the Secretary proposes to obtain funds for the full cost 
to the United States of the operation. 
"(2) The plan shall specify in detail how the Secretary proposes 
to make the Defense Business Operations Fund (or a successor 
fund) whole again. 
"(d) INCREMENTAL COSTS.—^For purposes of this section, 
incremental costs of the Department of Defense vdth respect to 
an operation are the costs that are directly attributable to the 
operation and that are otherwise chargeable to accounts available 
for operation and maintenance or for military personnel. Any costs 
which are otherwise chargeable to accoimts available for procure-
ment may not be considered to be incremental costs for purposes 
of this section. 
"(e) 
INCREMENTAL PERSONNEL COSTS ACCOUNT.—There 
is 
hereby established in the Department of Defense a reserve fund 
to be known as the 'National Contingency Operation Personnel 
Fund'. Amounts in the fund shall be available for incremental 
military personnel costs attributable to a National Contingencv 
Operation. Amoiints in the fund remain available until expendea. 
"(f) COORDINATION V/ITH WAR POWERS RESOLUTION.—This sec-
tion may not be constiued as altering or superseding the War 
107 STAT. 1752 
PUBLIC LAW 103-160—NOV. 30, 1993 
Powers Resolution. This section does not provide authority to con-
duct a National Contingency Operation or any other operation. 
"(g) GAO COMPLIANCE REVIEWS.—The Comptroller General of 
the United States shall from time to time, £uid when requested 
by a committee of Congress, conduct a review of the defense contin-
gency funding structure under this section to determine whether 
the Department of Defense is complying with the requirements 
and limitations of this section. 
"(h) DEFINITION.— In this section, the term 'National Contin-
f
encv Operation' means a military operation that is designated 
y tne Secretary of Defense as an operation the cost of which, 
when considered with the cost of other ongoing or potential military 
operations, is expected to have a negative effect on training and 
readiness.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 127 
the following new item: 
"1278. Expenses for contingency operations.". 
(b) FIRST YEAR FUNDING.—There is hereby authorized to be 
appropriated for fiscal year 1994 to the fund established under 
section 127a(e) of title 10, United States Code, as added by sub-
section (a), the sum of $10,000,000. 
Subtitle B—Fiscal Year 1993 Authorization 
Matters 
SEC. 1111. AUTHOIUTY FOR OBUGATION OF CERTAIN UNAUTHORIZED 
FISCAL YEAR 1993 DEFENSE APPROPRIATIONS. 
(a) AUTHORITY.—^The amounts described in subsection (b), total-
ing $8,148,730,000 may be obligated and expended for programs, 
projects, and activities of the Department of Defense in accordance 
with fiscal year 1993 defense appropriations. 
(b) COVERED AMOUNTS.—The amounts referred to in subsection 
(a) are the amounts provided for programs, projects, and activities 
of the Department of Defense in fiscal year 1993 defense appropria-
tions that are in excess of the amounts provided for such programs, 
projects, and activities in fiscal year 1993 defense authorizations. 
(c) DEFINITIONS.—For the purposes of this subtitle: 
(1) FISCAL YEAR 1993 DEFENSE APPROPRIATIONS.—The term 
''fiscal year 1993 defense appropriations" means amounts appro-
E
riated or otherwise made available to the Department of 
defense for fiscal year 1993 in the Department of Defense 
Appropriations Act, 1993 (Public Law 102-396). 
(2) FISCAL YEAR 1993 DEFENSE AUTHORIZATIONS.—The term 
"fiscal year 1993 defense authorizations" means amoimts 
authorized to be appropriated for the Department of Defense 
for fiscal year 1993 in the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484). 
SEC. 1112. OBUGATION OF CERTAIN APPROPRIATIONS. 
In obligating amoimts for fiscal year 1993 defense appropria-
tions that were provided for specific non-Federal government enti-
ties (in the total amount of $176,450,000) for the University 
Research Initiatives program under research, development, test, 
and evaluation for Defense Agencies, the Secretary of Defense shall 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1753 
have the discretion to make the award of any grant or contract 
from those amounts under that program using merit-based selection 
procedures. 
SEC. Ills. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS 
FOR FISCAL YEAR 1993. 
(a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS.—There 
is authorized to be appropriated for fiscal year 1993 for covering 
the incremental costs arising from Operation Restore Hope, Oper-
ation Provide Comfort, and Operation Southern Watch, and defi-
ciencies in funding of the Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS), and for repairing flood 
damage at Camp Pendleton, California, $1,246,928 as follows: 
(1) For Military Personnel: 
For the Navy, $7,100,000. 
(2) For Operation and Maintenance: 
(A) For the/umy, $149,800,000. 
(B) For the Navy, $46,356,000. 
(C) For the Marine Corps, $122,192,000. 
(D) For the ^^r Force, $226,400,000. 
(E) For the Defense Agencies, $2,000,000. 
(F) For the Naval Reserve, $237,000. 
(G) For Humanitarian Assistance, $23,000,000. 
(H) For 
Real 
Property 
Maintenance, 
Defense, 
$29 098 000 
(I) For the Defense Health Program, $299,900,000. 
(3) For Military Construction: 
(A) For the Navy inside the United States, $3,000,000. 
(B) For the Navy for family housing inside the United 
States, $4,345,000. 
(4) For Working Capital Fimds: 
For 
the 
Defense 
Business 
Operations 
Fund, 
$293,500,000. 
(b) NATIONAL SECURITY EDUCATION TRUST FUND OBLIGA-
TIONS.—^There is authorized to be appropriated for fiscal year 1993 
from the National Security Education Trust Fund the amount of 
$10,000,000. 
Subtitle C—Counter-Drug Activities 
SEC. 1121. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG 
ACi'lVITlES OF OTHER AGENCIES. 
(a) EXTENSION OF SUPPORT AUTHORIZATION.—Subsection (a) of 
section 1004 of the National Defense Authorization Act for Fiscal 
Year 1991 (10 U.S.C. 374 note) is amended by striking out "fiscal 
years 1991, 1992, 1993, and 1994," and inserting in lieu thereof 
'fiscal years 1991 through 1995,". 
(b) ADDITIONAL TYPE OF SUPPORT AUTHORIZED.—Subsection (b) 
of such section is amended by adding at the end the following 
new paragraph: 
"(10) Aerial and ground reconnaissance.". 
(c) FUNDING OF SUI»PORT ACTIVITIES.—Of the amount author-
ized to be appropriated for fiscal year 1994 imder section 301(15) 
for operation and maintenance with respect to drug interdiction 
and coimter-drug activities, $40,000,000 shall be available to the 
Secretary of Defense for the purposes of carr3ring out section 1004 
69-194 O - 94 - 26 : QL. 3 Part 2 
107 STAT. 1754 
PUBLIC LAW 103-160—NOV. 30, 1993 
of the National Defense Authorization Act for Fiscal Year 1991 
(10U.S.C.374note). 
SEC. 1122. REQUIREMENT TO ESTABUSH PROCEDURES FOR STATE 
AND LOCAL GOVERNMENTS TO BUY LAW ENFORCEMENT 
EQUIPMENT SUITABLE FOR COUNTER-DRUG ACTIVITIES 
THROUGH THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—(1) Chapter 18 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 381. Procurement by State and local governments of law 
enforcement equipment suitable for counter-drug 
activities through the Department of Defense 
"(a) PROCEDURES.—(1) The Secretary of Defense shall establish 
procedures in accordance with this subsection under which States 
J 
and units of local government may [)urchase law enforcement equip-
ment suitable for counter-drug activities through the Department 
of Defense. The procedures shall require the following: 
"(A) Each State desiring to participate in a procurement 
of equipment suitable for coimter-drug activities through the 
Department of Defense shall submit to the Department, in 
such form and manner and at such times as the Secretary 
prescribes, the following: 
"(i) A request for law enforcement equipment, 
"(ii) Advance payment for such equipment, in an 
amount determined by the Secretary based on estimated 
or actual costs of the equipment and administrative costs 
incurred by the Department. 
"(B) A State may include in a request submitted under 
subparagraph (A) only the type of equipment listed in the 
catalog produced under subsection (c). 
"(C) A request for law enforcement equipment shall consist 
of an enumeration of the law enforcement equipment that is 
desired by the State and imits of local government within 
the State. The Governor of a State may establish such proce-
dures as the Governor considers appropriate for administering 
and coordinating requests for law enforcement equipment from 
units of local government within the State. 
"(D) A State requesting law enforcement equipment shall 
be responsible for arranging and p&yin^ for shipment of the 
equipment to the State and localities within the State. 
"(2) In establishing the procedures, the Secretary of Defense 
shall coordinate with the General Services Administration and other 
Federal agencies for purposes of avoiding duplication of effort. 
"(b) REIMBURSEMENT OF ADMINISTRATIVE COSTS.—In the case 
of any purchase made by a State or unit of local government 
under the procedures established under subsection (a), the Secretary 
of Defense shall require the State or imit of local government 
to reimburse the Department of Defense for the administrative 
costs to the Department of such purchase. 
"(c) GSA CATALOG.—^The Administrator of General Services, 
in coordination with the Secretary of Defense, shall produce and 
maintain a catalog of law enforcement equipment suitable for 
counter-drug activities for purchase by States and imits of local 
government under the procedures established by the Secretary 
under this section. 
"(d) DEFINITIONS.—In this section: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1755 
"(1) The term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, and any territory or possession of 
the United States. 
"(2) The term 'unit of local government' means any city, 
county, township, town, borough, parish, village, or other gen-
eral purpose political subdivision of a State; an Indian tribe 
which performs law enforcement functions as determined by 
the Secretary of the Interior; or any agency of the District 
of Columbia government or the United States Government 
performing law enforcement functions in and for the District 
of Colimibia or the Trust Territory of the Pacific Islands. 
"(3) The term 'law enforcement equipment suitable for 
counter-drug activities' has the meaning given such term in 
regulations prescribed by the Secretary of Defense. In prescrib-
ing the meaning of the term, the Secretary may not include 
any equipment that the Department of Defense does not procure 
for its own purposes.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"381. Procurement by State and local governments of law enforcement equipment 
suitable for counter-drug 
activities 
through the Department of 
Defense.". 
(b) DEADLINE.—The Secretary of Defense shall establish proce- 
lo use 381 note. 
dures imder section 381(a) 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. 
(c) REPORT.—^Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Congress a report on the procedures established pursuant to 
section 381 of title 10, United States Code, as added by subsection 
(a). The report shall include, at a minimum, a list of the law 
enforcement equipment that will be covered iinder such procedures. 
Subtitle D—^Matters Relating to Reserve 
Components 
SEC. 1131. REVIEW OF AIR FORCE PLANS TO TRANSFER HEAVY BOMB-
ERS TO RESERVE COMPONENTS UNITS. 
(a) REVIEW OF AIR FORCE PLANS.—(1) The Secretary of Defense 
shall review Air Force plans to transfer certain heavy bomber 
units from the active component of the Air Force to the reserve 
components of the Air Force. 
(2) In canying out the review, the Secretary shall consider 
the following matters: 
(A) The compatibility of Air Force plans with the relevant 
results of the internal review of the Department of Defense 
(known as the "Bottom-Up Review") being conducted during 
1993 by direction of the Secretary of Defense. 
(B) The effect that the transfer will have on the immediate 
availability of substantial numbers of heavy bombers for combat 
operations. 
(C) The levels of full-time and part-time employees that 
will be necessary at reserve components units in order to pro-
107 STAT. 1756 
PUBLIC LAW 103-160—NOV. 30, 1993 
vide adequate logistics and maintenance support for intensive 
and sustsuned heavy bomber operations. 
(D) The requirements for additional military construction 
funding that will result from the transfer ana relocation of 
heavy bomber operations. 
(b) SECRETARY OF DEFENSE PLAN REQUIRED.—(1) The Secretary 
of Defense, in consultation with the Secretary of the Air Force, 
shall develop a comprehensive plcui for proposed transfers of heavy 
bomber units from the active component of the Air Force to the 
Effective date. 
reserve components of the Air Force. The plan shall cover the 
Termination 
period beginning on the date of the enactment of this Act and 
"
•
^
^
^ 
ending January 1,2000. 
(2) The plan shall include the following matters: 
(A) The imit designation of each active component unit 
^' 
from which heavy bombers are to be transferred. 
(B) The unit designation of each reserve component unit 
to which such heavy bombers are to be transferred. 
(C) TTie proposed date of inactivation of each active compo-
nent unit transferring heavy bombers. 
(D) The proposed date of activation of each reserve compo-
nent unit receiving heavy bombers. 
(E) The requirements at each reserve component unit 
receiving heavy bombers for additional Armed Forces personnel 
and civilian personnel, additional facilities for the bomber air-
craft, additional military construction funds other than for 
facilities construction, additional spare parts, and additional 
logistics, maintenance, and test equipment beyond such 
resources that become available by reason of the inactivation 
of the active component unit. 
(c) REPORTING REQUIREMENTS.—Not later than March 31,1994, 
the 
Secret£uy shall 
submit 
to the congressional 
defense 
committees— 
(1) a report on the results of the review required under 
subsection (a), and 
(2) the plan required under subsection (b). 
Subtitle E—Awards and Decorations 
SEC. 1141. AWARD OF PURPLE HEART TO MEMBERS iOLLED OR 
WOUNDED IN ACTION BY FRIENDLY FIRE. 
(a) IN GENERAL.—Chapter 57 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 1129. Purple Heart: members killed or wounded in action 
by friendly fire 
''(a) For purposes of the award of the Purple Heart, the Sec-
retary concerned shall treat a member of the armed forces described 
in subsection (b) in the same manner as a member who is killed 
or wounded in action as the result of an act of an enemy of 
the United States. 
"(b) A member described in this subsection is a member who 
is killed or wounded in action by weapon fire while directly engaged 
in armed conflict, other than as the result of an act of an enemy 
of the United States, unless (in the case of a woimd) the wouna 
is the result of willful misconduct of the member. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1757 
"(c) This section applies to members of the armed forces who 
are killed or wounded on or after December 7, 1941. In the case 
of a member killed or woimded as described in subsection (b) 
on or after December 7, 1941, and before the date of the enactment 
of this section, the Secretaiy concerned shall award the Purple 
Heart under subsection (a) m each case which is known to the 
Secretary before the date of the enactment of this section or for 
which an application is made to the Secretary in such manner 
as the Secretary requires.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1129. Purple Heart: members killed or wounded in action by friendly fire.". 
SEC. 1142. SENSE OF CONGRESS RELATING TO AWARD OF THE NAVY 
EXPEDITIONARY MEDAL TO NAVY MEMBERS SUPPORTING 
DOOUTTLE RAID ON TOKYO. 
Congress hereby reaffirms the sense of Congress (previously 
expressed in section 1084 of the National Defense Autnorization 
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2517)) 
that individuals who served in the naval service during April 1942 
in Task Force 16, culminating in the air-raid commonly known 
as the "Doolittle Raid on Tokyo", should be awarded the Navy 
Expeditionary Medal for such service and urges the President or 
the Secretary of the Navy, as appropriate, to award such medal 
\ 
to those individuals. 
SEC. 1143. AWARD OF <30LD STAR LAPEL BUTTONS TO SURVIVORS 
OF SERVICE MEMBERS KILLED BY TERRORIST ACTS. 
(a) ELIGIBILITY.—Subsection (a) of section 1126 of title 10, 
United States Code, is amended— 
(1) by striking out "of the United States" in the matter 
prececUng paragraph (1); 
(2) by striking out "or" at the end of paragraph (1); 
(3) in paragraph (2)— 
(A) by redesignating clauses (i), (ii), and (iii) as sub-
paragraphs (A), (B), and (C), respectively; and 
(B) by striking out the period at the end and inserting 
in lieu thereof"; 0?*; and 
(4) by adding at the end the following new paragraph: 
"(3) who lost or lose their lives after March 28, 1973, 
as a result o
f
— 
"(A) an international terrorist attack against the 
United States or a foreign nation friendly to the United 
States, recognized as such an attack by the Secretary of 
Defense; or 
"(B) militaiy operations while serving outside the 
United States (including the commonwealths, territories, 
and possessions of the United States) as part of a peace-
keeping force.". 
(b) DEFINITIONS.—Subsection (d) of such section is amended 
by adding at the end the following new paragraphs: 
"(7) The term 'military operations' includes those operations 
involving members of the armed forces assisting in United 
States Government sponsored training of military personnel 
of a foreign nation. 
107 STAT. 1758 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(8) The term 'peacekeeping force' includes those personnel 
assigned to a force engaged m a peacekeeping operation author-
ized oy the United Nations Security Council. . 
Subtitle F—^Recordkeeping and Reporting 
Requirements 
10 use 113 note. SEC. 1151. TERMINATION OF DEPARTMENT OF DEFENSE REPORTING 
REQUIREMENTS 
DETERMINED 
BY 
SECRETARY OF 
DEFENSE TO BE UNNECESSARY OR INCOMPATIBLE WITH 
EFFICIENT MANAGEMENT OF THE DEPARTMENT OF 
DEFENSE. 
(a) TERMINATION OF REPORT REQUIREMENTS.—Unless otherwise 
provided by a law enacted after the date of the enactment of 
this Act, each provision of law requiring the submittal to Congress 
^ 
(or any committee of Congress) of any report specified in the list 
submitted under subsection (b) shall, with respect to that require-
ment, cease to be effective on October 30,1995. 
(b) PREPARATION OF LIST.—(1) The Secretary of Defense shall 
submit to Congress a list of each provision of law that, as of 
the date specified in subsection (c), imposes upon the Secretary 
of Defense (or any other officer of the Department of Defense) 
a reporting requirement described in paragraph (2). The list of 
provisions of law shall include a statement or description of the 
report required under each such provision of law. 
(2) Paragraph (1) applies to a requirement imposed by law 
to submit to Congress (or specified committees of Congress) a report 
on a reciuring basis, or upon the occurrence of specified events, 
if the Secretary determines that the continued requirement to sub-
mit that report is unnecessary or incompatible with the efficient 
management of the Department of Defense. 
(3) The Secretary shall submit with the list an explanation, 
for each report specified in the list, of the reasons why the Secretary 
considers the continued requirement to submit the report to be 
imnecessary or incompatible with the efficient management of the 
Department of Defense. 
(c) SUBMISSION OF LiST.—The list under subsection (a) shall 
be submitted not later than April 30,1994. 
(d) SCOPE OF SECTION.—^For purposes of this section, the term 
"report" includes a certification, notification, or other characteriza-
tion of a commimication. 
(e) INTERPRETATION OF SECTION.—^This section does not require 
the Secretary of Defense to review each report required o
f
^ the 
Department of Defense by law. 
50 use 401 note. SEC. 1152. REPORTS RELATING TO CERTAIN SPECIAL ACCESS PRO-
GRAMS AND SIMILAR PROGRAMS. 
(a) IN GENERAL.—(1) Not later than February 1 of each year, 
the head of each covered department or agency shall submit to 
Congress a report on each special access program carried out in 
the department or agency. 
(2) Each such report shall set forth— 
(A) the total amount requested by the department or agency 
for special access programs within the budget submitted under 
section 1105 of title 31, United States Code, for the fiscal 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1759 
year following the fiscal year in which the report is submitted; 
and 
(B) for each program in such budget that is a special 
access program— 
(i) a brief description of the program; 
(ii) in the case of a procurement program, a brief 
discussion of the major milestones established for the 
program; 
(iii) the actual cost of the program for each fiscal 
year during which the program has been conducted before 
the fiscal year during which that budget is submitted; 
and 
(iv) the estimated total cost of the program and the 
estimated cost of the program for (I) tne current fiscal 
year, (II) the fiscal year for which the budget is submitted, 
and (III) each of the four succeeding fiscal years during 
which the progi*am is expected to be conducted. 
(b) NEWLY DESIGNATED PROGRAMS.—(1) Not later than Feb-
ruary 1 of each year, the head of each covered department or 
agency shall submit to Congress a report that, with respect to 
each new special access program of that department or agency, 
provides— 
(A) notice of the designation of the program as a special 
access program; and 
(B) justification for such designation. 
(2) A report under paragraph (1) with respect to a program 
shall include— 
(A) the current estimate of the total program cost for the 
program; and 
(B) an identification, as applicable, of existing programs 
or technologies that are similar to the technology, or that 
have a mission similar to the technology, or that have a mission 
similar to the mission, of the program that is the subject 
of the notice. 
(3) In this subsection, the term "new special access program" 
means a special access program that has not previously been cov-
ered in a notice and justification under this subsection. 
(c) REVISION IN CIASSIFICATION OF PROGRAMS.—(1) Whenever 
classified 
a change in the classification of a special access program of a 
^formation. 
covered department or agency is planned to be made or whenever 
classified information concerning a special access program of a 
covered department or agency is to be declassified and made public, 
the head of the depaitment or agency shall submit to Congress 
a report containing a description of the proposed change or the 
information to be declassified, the reasons for the proposed change 
or declassification, and. notice of any public announcement planned 
to be made with respect to the proposed change or declassification. 
(2) Except as pro^dded in paragraph (3), a report referred to 
in paragraph (1) shall be submitted not less than 14 days before 
the date on which the proposed change, declassification, or public 
announcement is to occur. 
(3) If the head of the department or agency determines that 
because of exceptional circumstances the requirement of paragraph 
(2) cannot be met with respect to a proposed change, declassification, 
or public annoimcement concerning a special access program of 
the department or agency, the head of tne department or agency 
may submit the report required by paragrapn (1) regarding the 
107 STAT. 1760 
PUBLIC LAW 103-160—NOV. 30, 1993 
proposed change, declassification, or public announcement at any 
time before the proposed change, declassification, or public 
annoimcement is made and shall include in the report an expla-
nation of the exceptional circumstances. 
(d) REVISION OF CRITERIA FOR DESIGNATING PROGRAMS.—^When-
ever there is a modification or termination of the policy and criteria 
used for designating a program of a covered department or agency 
as a special access pro-am, the head of the department or agency 
shall promptly notify Congress of such modification or termination. 
Any such notification shall contain the reasons for the modification 
or termination and, in the case of a modification, the provisions 
of the policy as modified. 
(e) WAIVER OF REPORTING REQUIREMENT.—(1) The head of a 
covered department or agency may waive any requirement imder 
subsection (a), (b), or (c) that certain information be included in 
a report under that subsection if the head of the department or 
agency determines that inclusion of that information in the report 
would adversely affect the national security. Any such waiver shall 
be made on a case-by-case basis. 
(2) If the head of a department or agency exercises the authority 
provided under paragraph (1), the head of the department or agency 
shall provide the information described in that subsection with 
respect to the special access program concerned, and the justifica-
• tion for the waiver, to Congress. 
(f) INITIATION OF PROGRAMS.—^A special access program may 
not be initiated by a covered department or agency until— 
(1) the appropriate oversight committees are notified of 
the program; and 
(2) a period of 30 days elapses after such notification is 
received. 
(g) DEFINITIONS.—For purposes of this section: 
(1) COVERED DEPARTMENT OR AGENCY.—(A) Except as pro-
vided in subparagraph (B), the term "covered department or 
agencjr" means any department or agency of the Federal 
Grf>vemment that carries out a special access program. 
(B) Such term does not include— 
(i) the Department of Defense (which is required to 
submit reports on special access programs under section 
119 of title 10, United States Code); 
(ii) the Department of Energy, with respect to special 
access programs carried out under the atomic energy 
defense activities of that department (for which the Sec-
retary of Energy is required to submit reports under section 
93 of the Atomic Energy Act of 1954); or 
(iii) an agency in the Intelligence Commimity (as 
defined in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a)). 
(2) SPECIAL ACCESS PROGRAM.—The term "special access 
program" means any program that, under the authority of 
Executive Order 12356 (or any successor Executive order), is 
established by the head of a department or agency whom the 
President has designated in the Federal Register as an original 
"secret" or "top secret" classification authority that imposes 
"need-to-know" controls or access controls beyond those controls 
normally required (by regulations applicable to such depart-
ment or agency) for access to information classified as "confiden-
tial", "secret", or "top secret". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1761 
SEC. 1153. roENTIFICATION OF SERVICE IN VIETNAM IN THE COMPUT-
ERIZED INDEX OF THE NATIONAL PERSONNEL RECORDS 
CENTER. 
(a) ASSISTANCE.—^The Secretary of Defense shall provide to 
the National Personnel Records Center in St. Louis, Missouri, such 
information and technical assistance as the Secretary considers 
to be appropriate to assist the Center in establishing an indicator 
in the computerized index of the Center that will facilitate searches 
for, and the selection of, military records of military personnel 
based upon service in a theater of operations during the Vietnam 
conflict. 
(b) REPORT ON IMPI^MENTATION.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report containing a plan to establish 
the indicator described in subsection (a). The Secretary shall pre-
pare the report in consultation with the Secretary of Veterans 
Affairs and tne Archivist of the United States. 
(c) VIETNAM CONFLICT DEFINED.—For purposes of this section, 
the term 'Vietnam conflict" has the meaning given that term in 
section 1035(gX2) of title 10, United States Code. 
SEC. 11S4. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL 
OF TRANSFER OF CERTAIN WEAPONS. 
(a) REPORT ON MANPOWER REQUIRED TO IMPLEMENT EXPORT 
CONTROLS ON CERTAIN WEAPONS TRANSFERS.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of Defense and the Secretary of Energy shall submit to the commit-
tees of Congress named in subsection (c) a joint report on manpower 
required to implement export controls on certain weapons transfers. 
(b) CONTENT OF REPORT.—^The report shall include the following 
matters: 
(1) A statement of the role of the Department of Defense, 
and a statement of the role of the Department of Energy, 
in implementing export controls on goods and technology 
related to nuclear, chemical, and biological weapons. 
(2) A discussiorL of the number and skills of personnel 
currently available in the Department of Defense and in the 
Department of Energy to perform the respective roles of those 
departments. 
(3) An assessment of the adequacy of the number and 
skills of those personnel for the effective performance of those 
roles. 
(4) For each of fiscal years 1988, 1989, 1990, 1991, 1992, 
1993, and 1994, the total number of Department of Defense 
and Department of Energy full-time employees and military 
personnel who, in the implementation of export controls on 
f
oods and technology related to nuclear, chemical, and 
iological weapons, carry out the following activities of such 
department: 
(A) Review of private sector export license applications 
and govemment-to-govemment cooperative activities. 
(B) Intelligence analysis and activities. 
(C) Policy coordination. 
(D) International liaison activity. 
(E) Technical review. 
(5) For each fiscal year referred to in paragraph (4), the 
grades of the personnel referred to in that paragraph and 
107 STAT. 1762 
PUBLIC LAW 103-160—NOV. 30, 1993 
the special knowledge, experience, and expertise of those 
personnel that enable them to carry out the activities referred 
to in that paragraph. 
(6) An assessment of the adequacy of the staffing in each 
of the categories specified in subparagraphs (A) through (E) 
of paragraph (4). 
(7) Reconmiendations concerning measures, including any 
legislation necessary, to eliminate any identified staffing defi-
ciencies and to improve interagency coordination with respect 
to implementing export controls on goods and technology related 
to nuclear, chemical, and biological weapons. 
(8) All Department of Defense activities undertaken during 
fiscal years 1989, 1990, 1991, 1992, and 1993 in fulfillment 
of the responsibilities of the Department of Defense under 
section 602(c) of the Nuclear Non-Proliferation Act of 1978 
(Public Law 96-280; 22 U.S.C. 3282(c)) with respect to nuclear 
weapons proliferation threats and the role of the department 
in addressing such threats. 
(c) SUBMISSION OF REPORT.—The committees to which the 
report is to be submitted are— 
(1) the Committee on Armed Services and the Committee 
on Governmental Affairs of the Senate; and 
(2) the Committee on Armed Services of the House of 
Representatives. 
(d) FORM OF REPORT.—The report shall be submitted in 
unclassified form but may also be submitted in classified form 
if the Secretary of Defense and the Secretary of Energy consider 
it necessary to include classified information in order to satisfy 
fiilly the requirements of this section. 
SEC. 1155. REPORT ON FOOD SUPPLY AND DISTRIBUTION PRACTICES 
OF THE DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) The Defense Personnel Support Center, a component 
of the Defense Logistics Agency, purchases more than 90 per-
cent of the food supplied to military end-users, including dining 
halls, hospitals, and other facilities that feed troops. 
(2) Semiperishable items, such as canned goods, are stored 
in four depots of the Defense Logistics Agency, and perishable 
items, including fresh and frozen vegetables, fruits, and meats, 
are stored in 21 contractor-operated Defense Subsistence 
Offices. 
(3) Private sector end-users, including independent res-
taurants, hospitals, and hotels, obtain food through direct deliv-
ery from commercial distributors of food. 
(4) In a comprehensive inventory reduction plan issued 
in May 1990, the Secretary of Defense concluded that there 
was no benefit to using the food supply system of the Depart-
ment of Defense in circumstances in which the food require-
ments of the Department could be met through the use of 
commercial distributors of food. 
(5) In a report published in June 1993, the Greneral 
Accounting Office determined that the Department of Defense 
could achieve substantial cost savings by expanding the use 
of commercial distributors of food and related commercial prac-
tices in the food supply system of the Department. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1763 
(b) REVIEW.—^The Secretary of Defense shall conduct a review 
of the food supply and distribution practices of the Department 
of Defense. The review shall include the following: 
(1) An evaluation of the feasibility o^ and the economic 
advantages and disadvemtages of, the expanded use of full-
line commercial distributors of food to deliver food directly 
to military end-users. 
(2) An evaluation of the potential for the expanded use 
of such commercial distributors to reduce the need for the 
storage of food (except for war reserve stocks and items bound 
for overseas) directly by the Department of Defense and to 
eliminate the requirement for Defense Subsistence Offices and 
certain warehouse activities at military installations. 
(3) A comparison of the cost of using the Department 
of Defense food supply and distribution system to meet the 
Department of Defense food requirements with the cost of using 
commercial distributors of food to meet such requirements. 
(4) A consideration of any obstacles that would hinder 
the ability of the Department of Defense to procure commercial 
food items and to institute commercial practices with respect 
to food supply and distribution. 
(c) IMPORT.—^Not laUiT than March 1, 1994, the Secretary shall 
submit to the congressional defense committees a report on the 
findings, conclusions, and recommendations of the Secretary as 
a result of the review conducted under subsection (b). 
Subtitle G—Congressional Findings, Poli-
cies, Commendations, and Commemora-
tions 
SEC. 1161. SENSE OF CONGRESS REGARDING JUSTIFICATION FOR 
CONTINUING THE EXTREMELY LOW FREQUENCY (ELF) 
COMMUNICATION SYSTEM. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) There is a need to re-evaluate all defense spending 
in light of the changed circumstances of the post-Cold War 
era and budget and fiiscal constraints. 
(2) The Extremely Low Freauency Communications System 
(ELF System) was originally designed to play a role in the 
strategic deterrence mission against the former Soviet Union. 
(3) The threat of nuclear war has greatly diminished since 
the collapse of the Soviet Union. 
(4) The ELF System is increasingly in use for communica-
tions with attack submarines in addition to ballistic missile 
submarines. 
(5) There have been questions raised about the effects 
of ELF operations on human health and the environment and 
ongoing studies of those effects are due to be concluded during 
1994. 
(b) EVALUATION AND REPORT BY SECRETARY OF DEFENSE.— 
The Secretary of Defense shall submit to the congressional defense 
committees, before consideration by Congress of the fiscal year 
1995 defense budget, a report containing the results of an evaluation 
of the benefits and costs of continued operation of the Extremely 
Low Frequency Communications System and the benefits and costs 
107 STAT. 1764 
PUBLIC LAW 103-160—NOV. 30, 1993 
of any alternatives to that system. The report shall be based upon 
an evaluation conducted by the Secretary alter the date of the 
enactment of this Act. 
(c) SENSE OF CONGRESS.—^It is the sense of Congress that 
the bases at which the Extremely Low Frequency Communication 
System is located, having been considered for closure or realignment 
in the 1993 base closure process, should again be considered for 
closure or realignment in the roimd of military base closures to 
take place in 1995. 
SEC. 1162. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF 
NAVAL OCEANOGRAPHIC SURVEY AND RESEARCH IN THE 
POST-COLD W
A
R PERIOD. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Oceanograpnic research and survey work is a critical 
element to the ability of the Navy to conduct successful oper-
ations in littoral waters of the world. 
(2) Over the five-year period of fiscal years 1989 through 
1993, the Navy experienced a significant diminution in its 
oceanographic research and survey capability due to budget 
reductions that resulted in (A) a reduction in the level of 
effort for Navy oceanographic research and survey activities 
by almost 50 percent, and (B) a reduction from 12 to 7 in 
the number of Nav^ ships dedicated to oceanographic survey 
and research activities. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) reductions in the funding, activities, and capability of 
the Navy to conduct oceanographic survey and research work, 
in addition to the reductions referred to in subsection (aX2), 
would further reduce the level of oceanographic survey and 
research work of the Navy and should be avoided; and 
(2) funding for oceanographic survey and research activities 
of the Navy should be maintained at levels sufficient to ensure 
that the Navy can exploit every opportunity to survey and 
research littoral waters critical to the operational needs of 
the Navy. 
SEC. 1163. SENSE OF CONGRESS REGARDING UNITED STATES POUCY 
ON PLUTONIUM. 
(a) FINDING.—^The Congress finds that reprocessing spent 
nuclear fuel referred to in siibsection (c) to recover plutonium may 
pose serious environmental hazards and increase tne risk of pro-
liferation of weapons-usable plutonium. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that 
the President should take action to encourage the reduction or 
cessation of the reprocessing of spent nuclear fuel referred to in 
subsection (c) to recover plutonium imtil the environmental and 
proliferation concerns related to such reprocessing are resolved. 
(c) COVERED SPENT NUCLEAR FUEL.—The spent nuclear fuel 
referred to in subsections (a) and (b) is spent nuclear fuel used 
in a commercial nuclear power reactor by the Government of a 
foreign coimtry or by a foreign-owned or foreign-controlled entity. 
SEC. 1164. SENSE OF SENATE ON ENTRY INTO THE UNITED STATES 
OF CERTAIN FORMER MEMBERS OF THE IRAQI ARMED 
FORCES. 
It is the sense of the Senate that no person who was a member 
of the armed forces of Iraq during the period from August 2, 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1765 
1990, through February 28, 1991, and who is in a refugee camp 
in Saudi Arabia as of the date of enactment of this Act should 
be granted entry into the United States under the Immigration 
and Nationality Act imless the President certifies to Congress before 
such entry that such person— 
(1) assisted the United States or coalition armed forces 
after defection from the armed forces of Iraq or after capture 
by the United States or coalition armed forces; and 
(2) did not commit or assist in the commission of war 
crimes. 
SEC. 1165. U.S.S. INDIANAPOUS MEMORIAL, INDIANAPOUS. INDIANA. 16 USC 431 note. 
(a) FINDINGS.—Congress mcikes the following findings: 
(1) On Jvly 30, 1945, during the closing days of World 
War II, the U.S.S. Indianapolis (CA-35) was sunk as a result 
of a torpedo attack on that snip. 
(2) The memorial to the U.S.S. Indianapolis (CA-35) to 
be located on the east bank of the Indianapolis water canal 
in downtown Indianapolis, Indiana, will honor the personal 
sacrifice of the 1,197 servicemen who were aboard the U.S.S. 
Indianapolis (CA-35) on that day, 881 of whom died as one 
of the greatest single combat losses suffered by the United 
States Navy in World War II. 
(3) The memorial will pay fitting tribute to that gallant 
ship and her final crew and will forever commemorate the 
place of the U.S.S. Indianapolis in United States Navy history 
as the last mcgor ship lost in World War II. 
(4) The memorial to the U.S.S. Indianapolis symbolizes 
the devoted service of the United States Navy and Marine 
Corps personnel, particularly those who lost their lives at sea 
in the Pacific Theater during World War II, whose dedication 
and sacrifice in the cause of liberty and freedom were 
instrumental in the triumph of the United States and its allies 
in that war. 
(5) The citizens of the United States have a continuing 
obligation to educate future generations about the military 
and other historic endeavors of the United States. 
(b) RECOGNITION AS A NATIONAL MEMORIAL.—The memorial 
to the U.S.S. Indianapolis (CA-35) in Indianapolis, Indiana, is 
herel^ recognized as the national memorial to the U.S.S. Indianap-
olis ((JA-35) and to the final crew of that historic warship. 
Subtitle H—Other Matters 
SEC. 1171. PROCEDURES FOR HANDLING WAR BOOTY. 
(a) IN GENERAL.—(1) Chapter 153 of title 10, United States 
Code, is amended by adding at the end the following new section: 
''§2679. War booty: procedures for handling and retaining 
battleliela objects 
"(a) POLICY.—^The United States recognizes that battlefield sou-
venirs have traditionally provided military personnel with a valued 
memento of service in a national cause. At the same time, it 
is the policy and tradition of the United States that the desire 
for souvenirs in a combat theater not blemish the conduct of combat 
operations or result in the mistreatment of enemy personnel, the 
107 STAT. 1766 
PUBLIC LAW 103-160—NOV. 30, 1993 
dishonoring of the dead, distraction from the conduct of operations, 
or other unbecoming activities. 
"(b) REGULATIONS.—(1) The Secretary of Defense shall prescribe 
regulations for the handling of battlefield objects that are consistent 
with the policies expressed in subsection (a) and the requirements 
of this section. 
''(2) When forces of the United States are operating in a theater 
of operations, enemy material captured or found abandoned shall 
be turned over to appropriate United States or allied military 
personnel except as otherwise provided in such regulations. A mem-
ber of the armed forces (or other person imder the authority of 
the armed forces in a theater of operations) may not (except in 
accordance with such regulations) take from a theater of operations 
as a souvenir an object formerly in the possession of the enemy. 
"(3) Such regulations shall provide that a member of the eirmed 
forces who wishes to retain as a souvenir an object covered by 
paragraph (2) may so request at the time the object is tiimed 
over pursuant to paragraph (2). 
(4) Such regulations shall provide for an ofHcer to be des-
ignated to review requests imder paragraph (3). If the officer deter-
mines that the object may be appropriately retained as a war 
souvenir, the object shall be turned over to the member who 
requested the right to retain it. 
"(5) Such regulations shall provide for captured weaponry to 
be retained as souvenirs, as follows: 
"(A) The only weapons that may be retained are those 
in categories to be agreed upon jointly by the Secretary of 
Defense and the Secretary of the Treasury. 
"(B) Before a weapon is turned over to a member, the 
weapon shall be rendered unserviceable. 
''(C) A charge may be assessed in connection with each 
weapon in an amount sufficient to cover the full cost of render-
ing the weapon unserviceable.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2579. War booty: procedures for handling and retaining battlefield objects.". 
10 use 2579 
(b) INITIAL REGULATIONS.—The initial regulations required by 
section 2579 of title 10, United States Code, as added by subsection 
(a), shall be prescribed not later than 270 days after the date 
of enactment of this Act. Such regulations shall specifically address 
the following, consistent with section 2579 of title 10, United States 
Code, as added by subsection (a): 
(1) The general procedures for collection and disposition 
of 
weapons and other enemy material. 
(2) The criteria and procedures for evaluation and disposi-
tion of enemy material for intelligence, testing, or other military 
purposes. 
(3) The criteria and procedures for determining when reten-
tion of enemy material by an individual or a unit in the theater 
of operations may be appropriate. 
(4) The criteria and procedures for disposition of enemy 
material to a unit or other Department of Defense entity as 
a souvenir. 
(5) The criteria and procedures for disposition of enemy 
material to an individual as an individual souvenir. 
note. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1767 
(6) The criteria and procedures for determining when 
demilitarization or the rendering unserviceable of firearms is 
appropriate. 
(7) The criteria and procedures necessary to ensure that 
servicemembers who have obtained battlefield souvenirs in a 
manner consistent with military customs, traditions, and regu-
lations have a reasonable opportunity to obtain possession of 
such souvenirs, consistent with the needs of the service. 
SEC. 1172. BASING FOR C-130 AIRCRAFT. 
The Secretary of the Air Force shall determine the unit assign-
ment and basing location for any C-130 aircraft procured for the 
Air Force Reserve from funds appropriated for National Guard 
and Reserve Equipment procurement for fiscal year 1992 or 1993 
in such manner as the Secretary determines to be in the best 
interest of the Air Force. 
SEC. 1173. TRANSPORTATION OF CARGOES BY WATER. 
(a) IN GENERAL.—Chapter 157 of title 10, United States Code, 
is amended by inserting after section 2631 the following new section: 
*
*
§ 2631a. Contingency planning: sealift and related inter-
modal transportation requirements 
"(a) CONSIDERATION OF PRIVATE CAPABILITIES.—The Secretary 
of Defense shall ensure that all studies and reports of the Depart-
ment of Defense, and all actions taken in the Department of 
Defense, concerning sealift and related intermodal transportation 
requirements take into consideration the full range of the transpor-
tation and distribution capabilities that are available from operators 
of privately owned United States flag merchant vessels. 
"(b) PRIVATE CAPACITIES PRESENTATIONS.—The Secretary shall 
afford each operator of a vessel referred to in subsection (a), not 
less often than annually, an opportunity to present to the Depart-
ment of Defense information on its port-to-port and intermodal 
transportation capacities.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2631 the following new item: 
"26318. Contingency planning: sealift and related intermodal transportation re-
quirements. . 
SEC. 1174. MODIFICATION OF AUTHORITY TO CONDUCT NATIONAL 
GUARD CIVILIAN YOUTH OPPORTUNITIES PROGRAM. 
(a) LOCATION OF PROGRAM.—Subsection (c) of section 1091 of 
the National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 32 U.S.C. 501 note) is amended to read as follows: 
"(c) CONDUCT OF THE PROGRAM.—The Secretary of Defense 
may provide for the conduct of the pilot program in such States 
as the Secretary considers to be appropriate.". 
(b) DEFINITION OF STATE.-—Subsection (1) of such section is 
amended by striking out paragraph (2) and inserting in lieu thereof 
the following new paragraph: 
"(2) The term 'State' includes the Commonwealth of Puerto 
Rico, the territories (as defined in section 101(1) of title 32, 
United States Code), and the District of Columbia.". 
(c) PROGRAM AGREEMENTS.—Subsection (dX3) of such section 
is amended by striking out "reimburse" and inserting in lieu thereof 
"provide functe to". 
107 STAT. 1768 
PUBLIC LAW 103-160—NOV. 30, 1993 
38 use 1967 
note. 
38 use 2402 
note. 
Washington. 
10 u s e 9381 
note. 
SEC. 1176. EFFECTIVE DATE FOR CHANGES IN SERVICEMEN'S GROUP 
LIFE INSURANCE PROGRAM. 
(a) USE OF INTERNATIONAL DATE LINE.—Section 1967 of title 
38, United States Code, is amended by adding at the end the 
following new subsection: 
"(f) The effective date and time for any change in benefits 
under the Servicemen's Group Life Insurance Program shall be 
based on the date and time according to the time zone immediately 
west of the International Date Line.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall apply with respect to amendments to chapter 19 of title 
38, United States Code, that take effect after November 29, 1992. 
SEC. 1176. EUGIBILnY OF FORMER PRISONERS OF WAR FOR BURIAL 
IN ARLINGTON NATIONAL CEMETERY. 
(a) ELIGIBILITY FOR BURIAL.—Former prisoners of war described 
in subsection (b) are eligible for burial in Arlington National Ceme-
tery, Arlington, Virginia. 
(b) ELIGIBLE FORMER POWS.—^A former prisoner of war referred 
to in subsection (a) is a former prisoner of war— 
(1) who dies on or after the date of the enactment of 
this Act; and 
(2) who, while a prisoner of war, served honorably in the 
active military, naval, or air service, as determined under regu-
lations prescribed by the Secretary of the military department 
concerned. 
(c) SAVINGS PROVISION.—^This section may not be construed 
to make ineligible for burial in Arlington National Cemetery a 
former prisoner of war who is eligible to be buried in that cemetery 
under another provision of law. 
(d) REGULATIONS.—^This section shall be carried out under regu-
lations prescribed by the Secretanr of the Army. Those regulations 
may prescribe a minimum period of internment as a prisoner of 
war tor purposes of eligibility under this section for burial in 
Arlington National Cemetery. 
(e) DEFINITIONS.—^For purposes of this section: 
(1) The term "former prisoner of war" has the meaning 
g
iven such term in section 101(32) of title 38, United Stetes 
ode. 
(2) The term "active military, naval, or air service" has 
the meaning given such term in section 101(24) of such title. 
SEC. 1177. REDESIGNATION OF HANFORD ARID LANDS ECOLOGY 
RESERVE. 
(a) REDESIGNATION.—The Hanford Arid Lands Ecology Reserve 
in Richland, Washington, is redesignated as the "Fitzner/Eberhardt 
-Ajid Lands Ecology Reserve". 
(b) LEGAL REFERENCES.—^Any reference in any law, regulation, 
document, record, map, or other paper of the United States to 
the ecology reserve referred to in subsection (a) is deemed to be 
a reference to the "Fitzner/^berhardt Arid Lands Ecology Reserve". 
SEC. 1178. AVIATION LEADERSHIP PROGRAM. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The training in the United States of pilote from the 
air forces of friendly foreign nations furthers the interests of 
the United States, promotes closer relations with such nations, 
and advances the national security. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1769 
(2) Many friendly foreign nations cannot afford to 
reimburse the United States for the cost of such training. 
(3) It is in the interest of the United States that the 
Secretary of the Air Force establish a program to train in 
tiie United States pilots from the air forces of friendly, less 
developed foreign nations. 
(b) ESTABLISHMENT OF PROGRAM.—Part III of subtitle D of 
title 10, United States Code, is amended by inserting after chapter 
903 the following new chapter: 
**CHAPTER 905—AVIATION LEADERSHIP PROGRAM 
Regulations. 
"Sec. 
"9381. filstablishment of program. 
"9382. Supplies and clothing. 
"9383. Allowances. 
^§ 93.81. Establishment of program 
'^nder regulations prescribed by the Secretary of Defense, 
the Secretary of the Air Force may establish and maintain an 
Avifition Leadership Program to provide undergraduate pilot train-
ing and necessary related training to personnel of the air forces 
of friendly, less-developed foreign nations. Training under this chap-
ter shall include language training and programs to promote better 
awareness and imderstanding of the democratic institutions and 
social framework of the United States. 
*
*
§ 9382. Supplies and clothing 
"(a) The Secretary of the Air Force may, under such conditions 
as the Secretary may prescribe, provide to a person receiving train-
ing under this chapter— 
"(1) transportation incident to the training; 
"(2) supplies and equipment to be used during the training; 
''(3) flight clothing and other special clothing required for 
the training; and 
''(4) billeting, food, and health services. 
**(b) The Secretary of the Air Force may authorize such expendi-
tures from the appropriations of the Air Force as the Secretary 
considers necessary for the efficient and effective maintenance of 
the Program in accordance with this chapter. 
*
*
§ 9383. Allowances 
"The Secretary of the Mr Force may pay to a person receiving 
training under this chapter a living allowance at a rate to be 
prescribed by the Secretary, taking into account the amount of 
living allowances authorized for a member of the armed forces 
under similar circvunstances.". 
(c) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle D of title 10, United States Code, and at the 
beginning of part III of such subtitle are each amended by inserting 
after the item relating to chapter 903 the following new item: 
"906. Aviation Leadership Profpram 
9381". 
107 STAT. 1770 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 1179. ADMINISTRATIVE IMPROVEMENTS IN THE GOLDWATER 
SCHOLARSHIP AND EXCELLENCE IN EDUCATION PRO-
GRAM. 
(a) TERMS OF OFFICE OF FOUNDATION MEMBERS.—Section 
1404(c)(1) of the Barry (jroldwater Scholarship and Excellence in 
Education Act (20 U.S.C. 4703(cXl)) is amended— 
(1) by striking out ", and" at the end of subparagraph 
(A) and inserting in lieu thereof a semicolon; 
(2) by striking out the period at the end of subparagraph 
(B) and inserting in lieu thereof"; and"; and 
(3) by adding at the end the following new subparagraph: 
"(C) notwithstanding the term limitation provided for under 
this paragraph, a member appointed under subsection (b) may 
continue to serve under such appointment until the successor 
to the member is appointed.". 
(b) LEASE AUTHORITY.—Section 1411(aX7) of such Act (20 
U.S.C. 4710(aX7)) is amended by striking out "the District of Colum-
bia" and inserting in lieu thereof "the Washington, District of 
Columbia, metropolitan area". 
SEC. 1180. TRANSFER OF OBSOLETE DESTROYER TENDER YOSEMTTE. 
(a) AUTHORITY.—^Notwithstanding subsections (a) and (c) of sec-
tion 7308 of title 10, United States Code, but subject to subsection 
(b) of that section, the Secretary of the Navy may transfer the 
obsolete destroyer tender Yosemite to the nonprofit organization 
Ships at Sea for education and drug rehabilitation purposes. 
(b) LIMITATIONS.—^The transfer authorized by section (a) may 
be made only if the Secretary determines that the vessel Yosemite 
is of no further use to the United States for national security 
purposes. 
(c) TERMS AND CONDITIONS.—^The Secretary may require such 
terms and conditions in connection with the transfer authorized 
by this section as the Secretary considers appropriate. 
SEC. 1181. TRANSFER OF OBSOLETE HEAVY CRUISER U.S.S. SALEM. 
(a) TRANSFER WITHOUT REGARD TO NOTICE A
N
D WAIT REQUIRE-
MENTS.—^Notwithstanding subsections (a) and (c) of section 7308 
of title 10, United States Code, but subject to subsection (b) of 
that section, the Secretary of the Navy, upon making the determina-
tions described in subsection (b) of this section, may transfer the 
obsolete heavy cruiser U.S.S. Salem (CA-139) to the United States 
Naval Shipbuilding Museum, Quincy, Massachusetts. 
(b) DETERMINATIONS REQUIRED.—^The transfer referred to in 
subsection (a) may be made only if the Secretary of the Navy 
determines— 
(1) by appropriate tests, including tests administered by 
the Environmental Protection Agency, that the U.S.S. Salem 
is in environmentally safe condition; 
- 
(2) that the museum referred to in subsection (a) has 
.. adequate financial resources to maintain the cruiser in a condi-
tion satisfactory to the Secretary; and 
(3) the U.S.S. Salem is of no further use to the United 
States for national security purposes. 
(c) TERMS AND CONDITIONS.—(1) In exercising the authority 
provided in subsection (a), the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the date 
of the conveyance; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1771 
(B) in its condition on that date; and 
(C) at no cost to the United States. 
(2) Tlie Secretary may require such additional terms and condi-
tions in connection with the transfer authorized by this section 
as the Secretary considers appropriate. 
SEC. 1182. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED STATES 
CODE.—^Title 10, United States Code, is amended as follows: 
(1) Section 401 is amended by striking out subsection (f). 
(2) Section 1408 is amended— 
(A) in subsections (bXlXA), (fKD, and (f)(2), by striking 
out ''subsection (h)" and inserting in lieu thereof "subsection 
(i)"; and 
(B) in subsection (hX4XB), by inserting "or after "of 
that termination". 
(3) Section 1605(a) is amended by striking out "(50 U.S.C. 
403 note)" and inserting in lieu thereof "(50 U.S.C. 2153)". 
(4) Section 1804(bXl) is amended by striking out "his or 
her" and inserting in lieu thereof "the volunteer's". 
(5) Section 2305(bX4XA) is amended by realigning clauses 
(i) and (ii) so that they are indented two ems from the left 
margin. 
(6) Subsections (a), (e), and (g) of section 2371 are amended 
by striking out "Defense Advanced Research Projects Agencjr" 
and inserting in lieu thereof "Advanced Research Projects 
Agency". 
(7) Section 2469 is amended by striking out ", prior to 
any such change,". 
(BXA) Section 2490a is transferred to the end of chapter 
165, redesignated as section 2783, and amended— 
(i) in subsection (bX2)— 
(I) by striking out "title 10, United States Code" 
and inserting in lieu thereof "this title"; 
(II) by striking out the comma after "Justice)"; 
and 
(III) by striking out "of such title" £uid inserting 
in lieu thereof "of this title"; and 
(ii) in subsection (cXD, by striking out "Armed Forces" 
and inserting in lieu thereof "armed forces". 
(B) The table of sections at the beginning of chapter 147 
is amended by striking out the item relating to section 2490a. 
(C) The toble of sections at the beginning of chapter 165 
is amended by adding at the end the following new item: 
'^783. Nonappropriated fund instrumentalities: financial management and tise of 
nonappropriated funds.". 
(9) Section 2491 is amended— 
(A) in paragraph (2), by striking out "nonmilitary 
application" and inserting in lieu thereof "nonmilitary 
applications"; and 
(B) in paragraph (8), by striking out "subsection (f)" 
and inserting in lieu thereof "subsection (bX4)". 
(10) Section 2501(bX2) is amended by striking out "and 
therebv free up capital" and inserting in lieu thereof "that, 
by reducing the public sector demand for capital, increases 
the amount of capital available". 
(11) Section 2771 is amended— 
107 STAT. 1772 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) in subsection (a), by striking out ''who dies after 
December 31,1955"; and 
(B) in subsection (b), by striking out "for the" in the 
second sentence and all that follows through the period 
and inserting in lieu thereof "for the uniformed services.". 
(12) Section 9315 is amended— 
(A) in subsection (b), by striking out "Air Training 
Command" and inserting in lieu thereof "Air Education 
and Training Command"; and 
(B) in subsection (c), by striking out "Air Force Training 
Command" and inserting in lieu thereof "Air Education 
and Training Command of the Air Force". 
(b) SUBSECTION HEADINGS.— 
(1) Section 2507 of title 10, United States Code, is 
amended— 
(A) in subsection (a), by inserting "AUTHORITY.—^ after 
"(a)"; 
(B) in subsection (b), by inserting "CONDITION FOR USE 
OF AUTHORITY.—" after "(b)"; 
(C) in subsection (c), by inserting 'TENALTY FOR NON-
COMPLIANCE.—" aft«r "(c)"; 
(D) in subsection (d), by inserting "LIMITATIONS O
N 
DISCLOSURE OF INFORMATION.—" after "(d)"; 
(E) in subsection (e), by inserting "REGULATIONS.— 
"after "(e)"; and 
(F) in subsection (0, by inserting "DEFINITIONS.—" after 
, (2) Section 2523 ofsuch title is amended— 
(A) in subsection (a), by inserting "USE OF PROGRAMS.— 
"after"(a)"; and 
(B) in subsection (b), by striking out "(b)(1)" and insert-
ing in lieu thereof "(b) PROGRAM REQUIREMENTS.—(1)". 
(c) AMENDMENTS TO PUBLIC LAW 102-484.—Public Law 102-
484 is amended as follows: 
37 use 101. 
(1) Section 1051(bX2) (106 Stat. 2498) is amended— 
(A) hy striking out "'section 101(47) of title 10,'" and 
inserting in lieu thereof "'section 101(47) of title 10*"; and 
(B) b^ striking out "'section 101 of title 10,'" and 
inserting m lieu thereof "'section 101 of title 10'". 
Effective date. 
(2) Section 1313(2) (106 Stat. 2548) is amended, effective 
li ubo i6i\y 
^g ^£. October 23, 1992, by striking out "'structure and'" and 
inserting in lieu thereof "'structure, and'". 
22 use 2778. 
(3) gection 1365 (106 Stat. 2561) is amended by striking 
out "(e) DEFINITION.—" and inserting in lieu thereof "(d) DEFINI-
TION.—". 
22 use 5931. 
(4) Section 1441 (106 Stat. 2566) is amended in the matter 
preceding paragraph (1) by striking out "the FREEDOM Sup-
port Act of 1992" and inserting in lieu thereof "the Freedom 
for Russia and Emerging Eurasian Democracies and Open Mar-
kets Support Act of 1992 (Public Law 102-511; 106 Stat. 3345; 
22 U.S.C. 5861)". 
22 use 5859a. 
(5) Section 1505(eX2) (106 Stat. 2571) is amended bv strik-
ing out "(dX2)" in the matter preceding subparagraph (A) and 
inserting in lieu thereof "(dX4)". 
(6) Section 1828 (106 Stat. 2585; 36 U.S.C. 5108) is amend-
ed by striking out 'l>oard of the directors" and inserting in 
lieu thereof "board of directors". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1773 
(d) CROSS REFERENCE AMENDMENTS IN OTHER LAWS.— 
(1) EfFective as of December 19, 1991, section 12 of the 
Coast Guard Authorization Act of 1991 (Public Law 102-241; 
105 Stat. 2213) is amended by striking out "Section 406(bX2XE) 
of title 37," and inserting in lieu thereof "Section 406(b)(lXE) 
of title 37,". 
(2) Section 3(cX2) of PubUc Law 101-633 (22 U.S.C. 3142) 
is amended by striking out "section 2522 of title 10" and insert-
ing in lieu thereof "section 2506 of title 10". 
(3) Section 109(17) of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by striking out "section 101(8) 
of title 10" and inserting in lieu thereof "section 101(aX9) 
of title 10". 
(4) Section 179(aX2XB) of the National and Commimity 
Service Act of 1990 (42 U.S.C. 12639(aX4)) is amended by 
striking out "section 101(4) of title 10," and inserting in lieu 
thereof "section 101(aX4) of title 10,". 
(e) REORGANIZATION OF TITLE 10 PROVISION.—Section 1401a(b) 
of title 10, United States Code, is amended— 
(1) by striking out paragraph (2) and inserting in lieu 
thereof the following: 
"(2) PRE-AUGUST I, 1986 MEMBERS.— 
"(A) GENERAL RULE.—The Secretary shall increase 
the retired pay of each member and former member 
who first became a member of a uniformed service before 
August 1, 1986, by the percent (adjusted to the nearest 
one-tenth of 1 percent) by which— 
"(i) the price index for the base quarter of that 
year, exceeds 
"(ii) the base index. 
"(B) SPECIAI, RULES FOR FISCAL YEARS 1994 T
H
R
O
U
G
H 
1998.— 
"(i) FISCAL YEAR 1994.—In the case of an increase 
in retired pay that, pursuant to paragraph (1), becomes 
effective on December 1, 1993, the initial month for 
which such increase is payable as part of such retired 
pay shall (notwithstanaing such December 1 effective 
date) be March 1994. 
"(ii) FISCAL YEARS 1995 THROUGH 1998.—In the case 
of an increase in retired pay that, pursuant to para-
graph (1), becomes effective on December 1 of 1994, 
1995, 1996, or 1997, the initial month for which such 
increase is payable as part of such retired pay shall 
(notwithstanding such December 1 effective date) be 
September of the following year. 
"(C) 
INAPPUCABILTTY 
TO 
DISABILITY 
RETIREES.— 
Subparagraph (B) does not apply with respect to the retired 
pay of a member retired unaer chapter 61 of this title."; 
and 
(2) by striking out paragraph (6). 
(D 
EXTENSION OF AUTHORITY FOR PAYMENTS FOR LEAVE 
ACCRUED AND LOST BY KOREAN CONFLICT PRISONERS OF WAR.— 
Section 554 of Public Laiw 102-190 (105 Stat. 1371) is amended— 
(1) in subsection (a)— 
(A) by inserting "and who submits a request for such 
payment to the Secretary not later than September 30, 
1993" in the first sentence after "prisoner of war"; and 
Effective date. 
37 use 406. 
Uniformed 
107 STAT. 1774 
PUBLIC LAW 103-160—NOV. 30, 1993 
(B) by inserting "or fiscal year 1994" in the second 
sentence after "fiscalyear 1993"; and 
(2) in subsection (d), by striking out "not later than Septem-
ber 30, 1993" and inserting in lieu thereof "not later than 
September 30,1994". 
(g) CORRECTIONS OF AMENDMENTS MADE BY PUBLIC LAW 102-
484.—^Title 10, United States Code, is amended as follows: 
(1) Section 2031(aXl) is amended by striking out "Not 
more than 200 units may be established by all of the military 
departments each year, and the" in the second sentence and 
inserting in lieu thereof 'The". 
(2) Section 2513(c)(2XBXii) is amended by striking out "two" 
and inserting in lieu thereof "one"; 
10 use 101 note. 
(h) COORDINATION WiTH OTHER PROVISIONS OF ACT.—For pur-
poses of applying the amendments made by provisions of this Act 
other than this section, this section shall be treated as having 
been enacted immediately before the other provisions of this Act. 
10 use 113 note. SEC. 1183. SECURITY CLEARANCES FOR CIVILIAN EMPLOYEES. 
(a) REVIEW OF SECURITY CLEARANCE PROCEDURES.—(1) The 
Secretary of Defense shall conduct a review of the procedural safe-
guards available to Department of Defense civilian employees who 
are facing denial or revocation of security clearances. 
(2) Such review shall specifically consider— 
(A) whether the procedural rights provided to Department 
of Defense civilian employees should be enhanced to include 
the procedural rights available to Department of Defense con-
tractor employees; 
(B) whether the procedural rights provided to Department 
of Defense civilian employees should be enhanced to include 
the procedural rights available to similarly situated employees 
in those Grovemment agencies that provide greater rights than 
the Department of Defense; and 
(C) whether there should be a difference between the rights 
provided to both Department of Defense civilian and contractor 
employees with respect to security clearances and the rights 
provided with respect to sensitive compartmented information 
and special access programs. 
(b) REPORT.—^The Secretary shall submit to Congress a report 
on the results of the review required by subsection (a) not later 
than March 1,1994. 
(c) REGULATIONS.—^The Secretary shall revise the regulations 
governing security clearance procedures for Department of Defense 
civilian employees not later than May 15,1994. 
10 use 113 note. SEC. 1184. VIDEOTAPING OF INVESTIGATIVE INTERVIEWS. 
Of the amounts authorized to be appropriated pursuant to 
section 301 of this Act, $2,500,000 shall be available for use in 
connection with videotaping of interviews conducted in the course 
of Department of Defense investigations. 
SEC. 1185. INVESTIGATIONS OF DEATHS OF MEMBERS OF THE ARMED 
FORCES FROM SELF-INFLICTED CAUSES. 
(a) SECRETARY OF DEFENSE TO REVIEW DEATH INVESTIGATION 
PROCEDURES.—(1) The Secretary of Defense shall review the proce-
dures of the militaiy departments for investigating deaths of mem-
bers of the Armed Forces that may have resmted from self-inflicted 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1775 
Effective date. 
Termination 
date. 
causes. The Secretary shall complete the review not later than 
June 30,1994. 
(2) Not later than July 15, 1994, the Secretary shall submit Reports. 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on the results of such review. The 
report may include any recommendations for legislation that the 
Secretary considers appropriate. 
(3) Not later than October 1,1994, the Secretary shall prescribe Regulations 
regulations governing the investigation of deaths of members of 
the Armed Forces that may have resulted from self-inflicted causes. 
The relations shall include a date by which the Secretaries of 
the military departments are required to implement the regulations. 
(b) INSPECTOR GENERAL TO REVIEW CERTAIN DEATH INVESTIGA-
TIONS.—(1) Upon a request that meets the requirements of para-
graph (3), the Inspector General of the Department of Defense 
shall review each investigation conducted by a Department of 
Defense investigative organization of the death of a member of 
the Armed Forces who, while serving on active duty during the 
period described in paragraph (2), died from a cause determined 
to be self-inflicted. 
(2) The period referred to in paragraph (1) is the period that— 
(A) begins on January 1,1982; and 
(B) ends on the date specified in the regulations prescribed 
under subsection (aX3) as the deadline for the implementation 
of such regulations by the Secretaries of the military depart-
ments. 
(3) Any of the family members of a member of the Armed 
Forces referred to in paragraph (1) may reauest a review under 
paragraph (1). The requtjst must be received by the Secretary of 
the militanr department concerned not later than one year after 
the date referred to in paragraph (2XB) and shall contain or describe 
specific evidence of a material deficiency in the previous investiga-
tion. 
(4) If the Inspector General determines that a previous inves-
tigation of a death was deficient in a material respect, the Inspector 
General shall conduct any additional investigation that the Inspec-
tor Greneral considers necessary to determine the cause of that 
death. 
(5) The Inspector General shall submit to the Secretary of Reports 
the military department concerned a report on the results of each 
review conducted under paragraph (1) and each additional inves-
tigation conducted imder paragraph (4) as a result of that review. 
(6) The Secretary of the military department concerned, consist-
ent with other applicable law, shall take such corrective actions 
with regard to matters contained in the report as the Secretary 
considers appropriate. 
(7) To the same extent that fatality reports may be furnished 
to family members imder section 1072 oi the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2508; 10 U.S.C. 113 note), the Inspector General, after con-
sultation with the Secretary of the military department concerned, 
shall provide a copy of the Inspector General's report on the review 
of a death investigation to each of the family members who 
requested the review. 
(c) DEFINITIONS.—In this section: 
(1) The term "active duty^ has the meaning given such 
term in section lOl(dXl) of title 10, United States Code. 
107 STAT. 1776 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The term "family members" has the meaning given 
such term in section 1072(cX2) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
106 Stat. 2510; 10 U.S.C. 133 note). 
(d) APPUCABIUTY 
TO 
COAST GUARD.—The Secretary of 
Transportation shall implement with respect to the Coast Guard 
the requirements that are imposed by this section on the Secretary 
of Defense and the Inspector General of the Department of Defense. 
SEC. 1186. EXPORT LOAN GUARANTEES. 
(a) AUTHORITY TO PROVIDE LOAN GUARANTEES.—Subject to sub-
section (b) and subject to the availability of appropriations for 
this purpose, the President may carry out a program to issue 
guarantees during fiscal year 1994 against the risk of nonpayment 
arising out of loan financing of the sale of defense articles and 
defense services to any member nation of the North Atlantic Treaty 
Organization (other than the United States), Israel, Australia, 
Japan, or the Republic of Korea. The aggregate amount guaranteed 
under this section in such fiscal year may not exceed $1,000,000,000. 
(b) CERTIFICATION OF INTENT TO USE AUTHORITY.—The Presi-
dent may not issue guarantees imder the loan guarantee program 
imless, not later than the end of the 180-day period beginning 
on the date of the enactment of this Act, the President certifies 
to Congress that— 
(1) the President intends to issue loan guarantees under 
the loan guarantee program; 
(2) the exercise of the authority provided under the program 
is consistent with the objectives of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.); and 
(3) the exercise of the authority provided under the program 
is consistent with the policy of the United States regarding 
conventional arms sales and nonproliferation goals. 
(c) PROHIBITION O
N USE OF CERTAIN FUNDS.—None of the funds 
authorized to be appropriated in this Act and made available for 
defense conversion, reinvestment, and transition assistance pro-
grams (as defined in section 1302(c)) may be used to finance the 
subsidy cost of loan guarantees issued under this section. 
(d) TERMS AND CONDITIONS.—(1) In issuing guarantees under 
the loan guarantee program for medium- and long-term loans for 
sales of defense articles or defense services, the President may 
not offer terms and conditions more beneficial than would be pro-
vided by the Export-Import Bank of the United States imder similar 
circumstances in conjunction with the provision of guarantees for 
nondefense articles and services. 
(2) The issuance of loan guarantees for exports under the 
loan guarantee program shall be subject to all United States 
Government review procedures for arms sales to foreign govern-
ments and shall be consistent with United States policy on arms 
sales to those nations referred to in subsection (a). 
(e) SUBSIDY COST AND FUNDING.—(1) There is authorized to 
be appropriated for fiscal year 1994, $25,000,000 for the subsidy 
cost of the loan guarantees issued under this section. 
(2) Funds authorized to be available for the Export-Import 
Bank of the United States may not be used for the execution 
of the loan guarantee program. 
(f) EXECUTIVE AGENCY.—The Department of Defense shall be 
the executive agency responsible for administration of the loan 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1777 
guarantee program unless the President, in consultation with Con-
gress, designates another department or agency to implement the 
program. Applications for guarantees issued under this section shall 
be submitted to the Secretary of Defense, who may make such 
arrangements as are necessary with other departments or agencies 
to process the applications and otherwise to implement the loan 
guarantee program. 
(g) FEES CHARGED AND COLLECTED.—A fee shall be charged 
for each guarantee issued under the loan guarantee program. All 
fees collected in connection with guarantees issued under the pro-
gram under this section shall be available to offset the cost of 
guarantee obligations under the program. All of the fees collected 
under this subsection, together with earnings on those fees and 
other income arising from gaar&ntee operations under the program, 
shall be held in a financing account maintained in the Treasury 
of the United States. All funds in such account may be invested 
in obligations of the United States. Any interest or other receipts 
derived from such investments shall be credited to such account 
and may be used for the pwposes of the program. 
(h) NATIONAL SECURITY COUNCIL REVIEW PROCESS.—In addi-
tion to the interagency review process for arms sales to foreign 
governments referred to in subsection (d)(2), the National Security 
Council shall review each proposed sale for which a guarantee 
is proposed to be issued under the loan guarantee program to 
determine whether the sale is in accord with United States security 
interests, that it contributes to collective defense burden sharing, 
and that it is consistent with United States nonproliferation goals. 
(i) DEFINITIONS.—For purposes of this section, the terms 
"defense article", "defense service", and "defense articles and defense 
services" have the meanings given those terms in section 47 of 
the Arms Export Control Act (22 U.S.C. 2794). 
TITLE XII—COOPERATIVE THREAT RE- c
o
o
p
e
r
a
t
i
v
e 
DUCTION WITH STATES OF FORMER ^«,f„f-
SOVIET UNION 
1993. 
SEC. 1201. SHORT TITLE. 
22 USC 5951 
This title may be cited as the "Cooperative Threat Reduction 
Act of 1993". 
SEC. 1202. FINDINGS ON COOPERATIVE THREAT REDUCTION. 
22 USC 5951. 
The Congress finds that it is in the national security interest 
of the United Stetes for the United States to do the following: 
(1) Facilitete, on a priority basis, the transportetion, stor-
age, safeguarding, and elimination of nuclear and other weap-
ons of the independent stetes of the former Soviet Union, 
including— 
(A) the safe and secure storage of fissile materials 
derived from the elimination of nuclear weapons; 
(B) the dismantlement of (i) intercontinentel ballistic 
missiles and launchers for such missiles, (ii) submarine-
launched ballistic missiles and launchers for such missiles, 
and (iii) heavy bombers; and 
(C) the elimination of chemical, biological and other 
weapons capabilities. 
107 STAT. 1778 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) Facilitate, on a priority basis, the prevention of pro-
liferation of weapons (and components of weapons) of mass 
destruction and destabilizing conventional weapons of the 
independent states of the former Soviet Union and the 
establishment of verifiable safeguards against the proliferation 
of such weapons and components. 
(3) Facilitate, on a priority basis, the prevention of diversion 
of weapons-related scientific expertise of the independent states 
of the former Soviet Union to terrorist groups or third world 
countries. 
(4) Support (A) the demilitarization of the defense-related 
industry and equipment of the independent states of the former 
Soviet Union, and (B) the conversion of such industry and 
equipment to civilian purposes and uses. 
(5) Expand 
military-to-military 
and 
defense 
contacts 
between the United States and the independent states of the 
former Soviet Union. 
22 use 5952. 
SEC. 1203. AUTHOMTY FOR PROGRAMS TO FACHJTATE COOPERATIVE 
THREAT REDUCTION. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the President may conduct programs described in subsection (b) 
to assist the independent states of the former Soviet Union in 
the demilitarization of the former Soviet Union. Any such program 
may be carried out only to the extent that the President determines 
that the program will directly contribute to the national security 
interests of the United States. 
(b) AUTHORIZED PROGRAMS.—^The programs referred to in sub-
section (a) are the following: 
(1) Programs to facilitate the elimination, and the safe 
and secure transportation and storage, of nuclear, chemical, 
and other weapons and their delivery vehicles. 
(2) Programs to facilitate the safe and secure storage of 
fissile materials derived from the elimination of nuclear weap-
ons. 
^ 
(3) Programs to prevent the proliferation of weapons, weap-
ons components, and weapons-related technology and expertise. 
(4) Programs to expand military-to-military and defense 
contacts. 
(5) Programs to facilitate the demilitarization of defense 
industries and the conversion of military technologies and 
• capabilities into civilian activities. 
(6) Pro-ams to assist in the environmental restoration 
of former military sites and installations when such restoration 
is necessary to the demilitarization or conversion programs 
authorized in paragraph (5). 
(7) Programs to provide housing for former military person-
nel of the former Soviet Union released from military service 
in connection with the dismantlement of strategic nuclear weap-
ons, when provision of such housing is necessary for dismantle-
ment of strategic nuclear weapons and when no other funds 
are available for such housing. 
(8) Other programs as described in section 212(b) of the 
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public 
Law 102-228; 22 U.S.C. 2551 note) and section 1412(b) of 
the Former Soviet Union Demilitarization Act of 1992 (title 
XIV of Public Law 102-484; 22 U.S.C. 5901 et seq.). 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1779 
(c) UNITED STATES PARTICIPATION.—The programs described 
in subsection (b) should, to the extent feasible, draw upon United 
States technology and expertise, especially from the private sector 
of the United States. 
(d) RESTRICTIONS.—Assistance authorized by subsection (a) may 
not be provided to any independent state of the former Soviet 
Union for any year unless the President certifies to Congress for 
that year that the proposed recipient state is committed to each 
of the following: 
(1) Making substantial investment of its resources for 
dismantling or destroying its weapons of mass destruction, 
if such state has an obligation imder a treaty or other agree-
ment to destroy or dismantle any such weapons. 
(2) Foregoing any military modernization program that 
exceeds legitimate defense requirements and foregoing the 
replacement of destroyed weapons of mass destruction. 
(3) Foregoing any use in new nuclear weapons of fissionable 
or other components of destroyed nuclear weapons. 
(4) Facilitating United States verification of any weapons 
destruction carried out under this title, section 1412(b) of the 
Former Soviet Union Demilitarization Act of 1992 (title XIV 
of Public Law 102-484; 22 U.S.C. 590(b)), or section 212(b) 
of the Soviet Nuclear Threat Reduction Act of 1991 (title II 
of Public Law 102-228; 22 U.S.C. 2551 note). 
(5) Complying with all relevant arms control agreements. 
(6) Observing internationally recognized human rights, 
including the protection of minorities. 
SEC. 1204. DEMILITARIZATION ENTERPRISE FUND. 
22 USC 5953. 
(a) DESIGNATION OF FUND.—The President is authorized to 
designate a Demilitarization Enterprise Fimd for the purposes of 
this section. The President may designate as the Demilitarization 
Enterprise Fund any organization that satisfies the requirements 
of subsection (e). 
(b) PURPOSE OF FUND.—^The piupose of the Demilitarization 
Enterprise Fimd is to receive grants pursuant to this section and 
to use the grant proceeds to provide financial support luider pro-
grams described in subsection (b)(5) for demilitarization of indus-
tries and conversion of military technologies and capabilities into 
civilian activities. 
(c) GRANT AUTHORITY.—^The President may make one or more 
grants to the Demilitarization Enterprise Fund. 
(d) RISK CAPITAL FUNDING OF DEMILITARIZATION.—The Demili-
tarization Enterprise Fund shall use the proceeds of grants received 
imder this section to provide financial support in accordance with 
subsection (b) through transactions as follows: 
(1) Making loans. 
(2) Making grants. 
(3) Provi(Ung collateral for loan guaranties by the Export-
Import Bank of the United States. 
(4) Taking equity positions. 
(5) Providing venture capital in joint ventures with United 
States industry. 
(6) Providing risk capital through any other form of trans-
action that the President considers appropriate for supporting 
programs described in subsection (b)(5). 
107 STAT. 1780 
PUBLIC LAW 103-160—NOV. 30, 1993 
Reports. 
President. 
(e) ELIGIBLE ORGANIZATION.—^An organization is eligible for 
designation as the Demilitarization Enterprise Fund if the 
organization— 
(1) is a private, nonprofit organization; 
(2) is governed by a board of directors consisting of private 
citizens of the United States; and 
(3) provides assurances acceptable to the President that 
it will use grants received under this section to provide financial 
support in accordance with this section. 
(f) OPERATIONAL PROVISIONS.—^The following provisions of sec-
tion 201 of the Support for East European Democracy (SEED) 
Act of 1989 (PubUc Law 101-179; 22 U.S.C. 5421) shall apply 
with respect to the Demilitarization Enterprise Fund in the same 
manner as such provisions apply to Enterprise Funds designated 
pursuant to subsection (d) of such section: 
(1) Subsection (dX5), relating to the private character of 
^
^
1 Enterprise Funds. 
(2) Subsection (h), relating to retention of interest earned 
in interest bearing accounts. 
(3) Subsection (i), relating to use of United States private 
venture capital. 
(4) Subsection (k), relating to support from Executive agen-
cies. 
(5) Subsection (1), relating to limitation on payments to 
Fund personnel. 
(6) Subsections (m) and (n), relating to audits. 
(7) Subsection (o), relating to record keeping requirements. 
(8) Subsection (p), relating to annual reports. 
In addition, returns on investments of the Demilitarization Enter-
prise Fund and other payments to the Fund may be reinvested 
in projects of the Fund. 
(g) EXPERIENCE OF OTHER ENTERPRISE FUNDS.—TO the maxi-
mum extent practicable, the Board of Directors of the Demilitariza-
tion Enterprise Fund should adopt for that Fimd practices and 
procedures that have been developed by Enterprise Funds for which 
funding has been made available pursuant to section 201 of the 
Support for East European Democracy (SEED) Act of 1989 (Public 
Law 101-179; 22 U.S.C. 5421). 
(h) CONSULTATION REQUIREMENT.—In the implementation of 
this section, the Secretary of State and the Administrator of the 
Agency for International Development shall be consulted to ensure 
that the Articles of Incorporation of the Fiind (including provisions 
specifying the responsibilities of the Board of Directors of the Fund), 
the terms of United States Government grant agreements with 
the Fund, and United States Government oversight of the Fund 
are, to the maximum extent practicable, consistent with the Articles 
of Incorporation of, the terms of grant agreements with, and the 
oversight of the Enterprise Funds established pursuant to section 
201 of the Support for East European Democracy (SEED) Act of 
1989 (22 U.S.C. 5421) and comparable provisions of law. 
(i) INITIAL IMPLEMENTATION.—The Board of Directors of the 
Demilitarization Enterprise Fimd shall publish the first annual 
report of the Fund not later than January 31,1995. 
(j) TERMINATION OF DESIGNATION.—A designation of an 
organization as the Demilitarization Enterprise Fund imder sub-
section (a) shall be temporary. When making the designation, the 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1781 
President shall provide for the eventual termination of the designa-
tion. 
SEC. 1206. FUNDING FOR FISCAL YEAR 1994. 
22 USC 5954. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^Funds authorized to 
be appropriated under section 301(21) shall be available for coopera-
tive threat reduction with states of the former Soviet Union under 
this title. 
(b) LIMITATIONS.—(1) Not more than $15,000,000 of the funds 
referred to in subsection (a) may be made available for programs 
authorized in subsection (b)(6) of section 1203. 
(2) Not more than $20,000,000 of such funds may be made 
available for programs authorized in subsection (bX7) of section 
1203. 
(3) Not more than $40,000,000 of such funds may be made 
available for grants to the Demilitarization Enterprise Fimd des-
ignated pursuant to section 1204 and for related administrative 
expenses. 
(c) AUTHORIZATION OF EXTENSION OF AVAILABILITY OF PRIOR 
YEAR FUNDS.—^To the extent provided in appropriations Acts, the 
authority to transfer funds of the Department of Defense provided 
in section 9110(a) of the Department of Defense Appropriations 
Act, 1993 (Public Law 102-396; 106 Stat. 1928), and in section 
108 of Public Law 102-229 (105 Stat. 1708) shall continue to 
be in effect during fiscal year 1994. 
SEC. 1206. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS. President. 
(a) NOTICE OF PROPOSED OBLIGATION.—Not less than 15 days 22 use 5955. 
before obligation of any funds for programs under section 1203, 
the President shall transmit to the appropriate congressional 
committees as defined in section 1208 a report on the proposed 
obligation. Each such report shall specify— 
(1) the activities and forms of assistance for which the 
President plans to obligate such funds; 
(2) the amount of the proposed obligation; and 
(3) the projected involvement of the departments and agen-
cies of the United States Grovernment and the private sector 
of the United States. 
(b) REPORTS ON DEMILITARIZATION OR CONVERSION PROJECTS.— 
Any report under subsection (a) that covers proposed demilitariza-
tion or conversion projects under paragraph (5) or (6) of section 
1203(b) shall contain additional information to assist the Congress 
in determining the merits of the proposed projects. Such information 
shall include descriptions of— 
(1) the facilities to be demilitarized; 
(2) the types of activities conducted at those facilities and 
of the t3rpes of nonmilitary activities planned for those facilities; 
(3) the forms of assistance to be provided by the United 
States Ciovemment and by the private sector of the United 
States; 
(4) the extent to which military activities and production 
capability will consequently be eliminated at those facilities; 
and 
(5) the mechanisms to be established for monitoring 
progress on those projects. 
107 STAT. 1782 
PUBLIC LAW 103-160—NOV. 30, 1993 
President. 
SEC. 1207. SEMIANNUAL REPORT. 
22 use 5956. 
j^^^ j^^^^. ^j^^^^ ^p^^j ^Q ^gg^^ ^ ^ ^
^
^
^ j^^^. ^j^^^^ October 
30, 1994, the President shall transmit to the appropriate congres-
sional committees a report on the activities carried out under this 
title. Each such report shall set forth, for the preceding six-month 
period and cumulatively, the following: 
(1) The amoimts obligated and expended for such activities 
and the purposes for which they were obligated and expended. 
(2) A description of the participation, if any, of each depart-
ment and agency of the United States Government in such 
activities. 
(3) A description of the activities carried out and the forms 
of assistance provided, and a description of the extent to which 
the private sector of the United States has participated in 
the activities for which amoimts were obligated and expended 
under this title. 
(4) Such other information as the President considers 
appropriate to fully inform the Congress concerning the oper-
ation of the programs and activities carried out imder this 
title, including, with respect to proposed demilitarization or 
conversion projects, additional information on the progress 
toward demilitarization of facilities and the conversion of the 
demilitarized facilities to civilian activities. 
22 use 5957. 
SEC. 1208. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. 
In this title, the term "appropriate congressional committees" 
means— 
(1) the Committee on Foreign Relations of the Senate, 
the Committee on Foreign Affairs of the House of Representa-
tives, and the Committees on Appropriations of the House 
and the Senate, wherever the accoimt, budget activity, or pro-
gram is fimded from appropriations made under the inter-
national affairs budget fimction (150); 
(2) the Committees on Armed Services and the Committees 
on Appropriations of the Senate and the House of Representa-
tives, wherever the account, budget activity, or program is 
funded from appropriations made under the national defense 
budget function (050); and 
(3) the committee to which the specified activities of section 
1203, if the subject of separate legislation, would be referred 
imder the rules of the respective House of Congress. 
22 use 5958. 
SEC. 1209. AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 
ASSISTANCE TO THE INDEPENDENT STATES OF THE 
FORMER SOVIET UNION. 
(a) 
AUTHORIZATION OF APPROPRIATIONS.—There 
is 
hereby 
authorized to be appropriated for fiscal year 1993 for "Operation 
and Maintenance, Defense Agencies" the additional sum of 
$979,000,000, to be available for the purposes of providing assist-
ance to the independent states of the former Soviet Union. 
(b) AUTHORIZATION OF TRANSFER OF FuNDS.—The Secretary 
of Defense may, to the extent provided in appropriations Acts, 
transfer from the account "Operation and Maintenance, Defense 
Agencies" for fiscal year 1993 a sum not to exceed the amount 
appropriated pursuant to the authorization in subsection (a) to— 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1783 
(1) other accoiints of the Department of Defense for the 
purpose of providing assistance to the independent states of 
the former Soviet Union; or 
(2) appropriations available to the Department of State 
and other agencies of the United States Government for the 
purpose of providing assistance to the independent states of 
the former Soviet Union for programs that the President deter-
mines will increase the nationaf security of the United States. 
(c) ADMINISTRATIVE PROVISIONS.—<1) Amoimts transferred 
under subsection (b) shall be available subject to the same terms 
and conditions as the appropriations to which transferred. 
(2) The authority to make transfers pursuant to this section 
is in addition to any other transfer authority of the Department 
of Defense. 
(d) COORDINATION OF PROGRAMS.—The President shall coordi- President. 
nate the programs described in subsection (b) with those authorized 
in the other provisions of this title and in the provisions of the 
Freedom for Russia and Emer^ng Eurasian Democracies and Open 
Markets Support Act of 1992 (Public Law 102-511) so as to optimize 
the contribution such programs make to the national interests 
of the United Stetes. 
TITLE XIII—DEFENSE CONVERSION, RE-
INVESTMENT, AND TRANSITION AS-
SISTANCE 
SEC. 1301. SHORT TITLE. 
This title may be cited as the "Defense Conversion, Reinvest-
ment, and Transition Assistence Amendments of 1993". 
SEC. 1302. FUNDING OF DEFENSE CONVERSION, REINVESTMENT, AND 
TRANSITION ASSISTANCE PROGRAMS FOR FISCAL YEAR 
1994. 
(a) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to this Act for the Department of Defense for nscal year 
1994, the sum of $2,553,315,000 shall be available from the sources 
specified in subsection (b) for defense conversion, reinvestment, 
and transition assistance programs. 
(b) SOURCES OF FUNDS.—^The amount set forth in subsection 
(a) shall be derived from the following sources in amoimts as 
follows: 
(1) $147,000,000 of the amounts authorized to be appro-
priated piu'suant to section 108 to carry out subtitle D. 
(2) $2,071,315,000 of the amounts authorized to be appro-
priated pursuant to title IL 
(3) $335,000,000 of the amounts authorized to be appro-
priated pursuant to title IIL 
(c) DEFINITION.—For purposes of this section, the term "defense 
conversion, reinvestment, and transition assistence programs" 
includes the following programs and activities of the Department 
of Defense: 
(1) The pro-ams and activities authorized by the Defense 
Conversion, Remvestment, and Transition Assistance Act of 
1992 (division D of Fhiblic Law 102-484; 106 Stet. 2658) and 
the amendmente made by that Act. 
Defense 
Conversion, 
Reinvestment, 
and Transition 
Assistance 
Amendments 
of 1993. 
10 u s e 2491 
note. 
107 STAT. 1784 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The programs and activities authorized by this title 
and the amendments made by this title. 
10 use 2501 
SEC. 1303. REPORTS ON DEFENSE CONVERSION, REINVESTMENT, AND 
^°^- 
TRANSITION ASSISTANCE PROGRAMS. 
(a) REPORT REQUIRED.—During each of the fiscal years 1994, 
1995, and 1996, the Secretary of Defense shall prepare a report 
that assesses the effectiveness of all defense conversion, reinvest-
ment, and transition assistance programs (as defined in section 
1302) during the preceding fiscal year. 
(b) CONTENTS OF REPORT.—^To the maximum extent practicable, 
each report required under subsection (a) shall include an assess-
ment of each of the following: 
(1) The status of the obligation of appropriated funds for 
each defense conversion, reinvestment, and transition assist-
ance program. 
(2) With respect to each component of the dual-use partner-
ship program element specified in paragraphs (1) through (10) 
of section 1311(b)— 
(A) the extent to which the component meets the objec-
tives set forth in section 2501 of title 10, United States 
Code; 
(B) the technology benefits of the component to the 
national technology and industrial base; 
(C) any evidence of commercialization of technologies 
developed under the component; 
(D) the extent to which the investments under the 
component have affected levels of employment; 
(E) the number of defense firms participating in 
cooperative agreements or other arrangements under the 
component; 
(F) the extent to which matching fund requirements 
of the component were met b^ cash contributions by the 
non-Federal Government participants; 
(G) the extent to which defense technology reinvest-
ment projects imder the component have met milestones 
and financial and technical requirements; 
(H) the extent to which the component is integrated 
with technology programs conducted by other Federal agen-
cies; and 
(I) the number of proposals imder the component that 
were received from small business concerns and the number 
of awards made to small business concerns. 
(3) With respect to each personnel assistance program con-
ducted under subtitle C of this title, title XLIV of the Defense 
Conversion, Reinvestment, and Transition Assistance Act of 
1992 (division D of Public Law 102-484; 106 Stat. 2701), and 
the amendments made by that subtitle or title— 
(A) the extent to which the program meets the objec-
tives set forth in section 2501(b) of title 10, United States 
Code; 
(B) the number of individuals eligible for transition 
assistance imder the program; 
(C) the nimiber of individuals directlv receiving transi-
tion assistance under the program and the projected num-
ber of individuals who will directly receive transition assist-
ance; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1785 
(D) in the case of a job training program, an estimate 
of.the number of individuals who have secured permanent 
employment as a result of participation in the program; 
and 
(E) the extent to which the transition assistance activi-
ties under the program duplicated other transition assist-
ance provided or administered outside the Department of 
Defense. 
(c) SUBMISSION OF REPORT.—^The report required under sub-
section (a) for a particular fiscal year shall be submitted to Congress 
at the same time that the Secretary of Defense submits the annual 
report required under section 113(c) of title 10, United States Code, 
for that fiscal year. 
Subtitle A—^Defense Technology and Indus-
trial Base, Defense Reinvestment, and 
Defense Conversion 
SEC. 1311. FUNDING OF DEFENSE DUAL-USE PARTNERSHIPS PRO-
GRAM FOR FISCAL YEAR 1994. 
(a) FUNDS AVAILABLE.—Of the amoimt authorized to be appro-
priated under section 201 for Defense-wide activities and specified 
in section 1302(b) as a source of fluids for defense conversion, 
reinvestment, and transition assistance programs, $624,000,000 
shall be available for activities described in the dual-use partner-
ships program element of the budget of the Department of Defense 
for fiscal year 1994. 
(b) ALLOCATION OF FuNDS.^The fimds made available under 
subsection (a) shall be allocated as follows: 
(1) $250,000,000 shall be available for defense dual-use 
critical technology partnerships under section 2511 of title 10, 
United States Code. 
(2) $75,000,000 shall be available for commercial-military 
integration partnerships imder section 2512 of such title. 
(3) $75,000,000 sihall be available for defense regional tech-
nology alliances under section 2513 of such title. 
(4) $50,000,000 shall be available for defense advanced 
manufacturing technology partnerships under section 2522 of 
such title. 
(5) $30,000,000 shall be available for support of manufac-
turing extension programs imder section 2523 of such title; 
(6) $30,000,000 shall be available for the defense dual-
use extension program under section 2524 of such title, of 
which— 
(A) not more than $15,000,000 shall be available for 
assistance pursuant to subsection (cX3) of such section; 
and 
(B) not more than $15,000,000 shall be available for 
loan guarantees pursuant to subsection (bX3) of such sec-
tion. 
(7) $24,000,000 shall be available for defense manufactur-
ing engineering education grants under section 2196 of such 
title. 
(8) $10,000,000 shall be available for grants under section 
2198 of such title to United States institutions of higher edu-
69-194 O - 94 - 27 : QL. 3 Part 2 
107 STAT. 1786 
PUBLIC LAW 103-160—NOV. 30, 1993 
cation and other United States not-for-profit organizations to 
support the management training program in Japanese lan-
guage and culture. 
(9) $30,000,000 shall be available for the advanced mate-
rials sjmthesis and processing partnership program. 
(10) $50,000,000 shall be available for the agile manufac-
turing/enterprise integration program. 
(c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1993 PROJECTS.— 
Funds made available under subsection (a) may also be used to 
make awards to projects of the types described in subsection (b) 
that were solicited in fiscal year 1993. 
SEC. 1312. DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, REINVEST-
MENT, AND CONVERSION PLANNING. 
(a) ABOLISHMENT OF DEFENSE ECONOMIC ADJUSTMENT CEN-
TER.—(1) Section 2504 of title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of subchapter II 
of chapter 148 of such title is amended by striking out the item 
relating to section 2504. 
(b) NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE 
COUNCIL.—Section 2502 of such title is amended by adding at 
the end the following new subsection: 
"(d) ALTERNATIVE PERFORMANCE OF RESPONSIBILITIES.—Not-
withstanding subsection (c), the President may assign the respon-
sibilities of the Council to another interagency organization of the 
Executive branch that includes among its members the officials 
specified in paragraphs (1) through (4) of subsection (b).". 
SEC. ISIS, CONGRESSIONAL DEFENSE P O U C Y CONCERNING DEFENSE 
TECHNOLOGY AND INDUSTRIAL BASE, REINVESTMENT, 
AND CONVERSION. 
Section 2501(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(5) Furthering the missions of the Department of Defense 
through the support of policy objectives and programs relating 
to the defense reinvestment, ^versification, and conversion 
objectives specified in subsection (b).". 
SEC. 1S14. EXPANSION OF BUSINESSES ELIGIBLE FOR LOAN GUARAN-
TEES UNDER THE DEFENSE DUAL-USE ASSISTANCE 
EXTENSION PROGRAM. 
Section 2524 of title 10, United States Code, is amended— 
(1) in subsection (bX3), by striking out "small businesses" 
and inserting in lieu thereof "small business concerns and 
medium-sized business concerns"; 
(2) by redesignating subsection (g) as subsection (h); and 
(3) by adding at the end the following new subsection: 
"(g) DEFINITION.—^In this section, the 'mediiun-sized business 
concern' means a business concern that is not more than two 
times the maximum size specified by the Administrator of the 
Small Business Administration for purposes of determining whether 
a business concern furnishing a product or service is a small busi-
ness concern.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1787 
SEC. 1315. CONSISTENCY IN FINANCIAL COMMITMENT REQUIRE. 
MENTS OF NON-FEDERAL GOVERNMENT PARTICIPANTS 
IN TECHNOLOGY REINVESTMENT PROJECTS. 
(a) 
DEFENSE 
DUAL-USE 
CRITICAL 
TECHNOLOGY 
PARTNER-
SHIPS.—Section 2511(c) of title 10, United States Code, is amended 
to read as follows: 
"(c) 
FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT 
PARTICIPANTS.—(1) The Secretary of Defense shall ensure that the 
amount of funds provided by the Federal Government to a partner-
ship does not exceed 50 percent of the total cost of partnership 
activities. 
"(2) The Secretary may prescribe regulations to provide for 
consideration of in-kind contributions by non-Federal (government 
participants in a partnership for the purpose of calculating the 
share of the partnership costs that has been or is being luidertiaken 
by such participants. In such regulations, the Secretary may author-
ize a participant that is a small business concern to use funds 
received imder the Small Business Innovation Research Program 
or the Small Business Technology Transfer Program to help pay 
the costs of partnership activities. Any such funds so used may 
be considered in calculating the amount of the financial commitment 
undertaken by the non-Federal (jovemment participants unless 
the Secretary determines that the small business concern has not 
made a significant equity percentage contribution in the partnership 
from non-Federal sources. . 
(b) COMMERCIAL-MILITARY INTEGRATION PARTNERSHIPS.—Sec-
tion 2512(cX3) of such title is amended by striking out subparagraph 
(B) and inserting in lieu thereof the following new subparagraph: 
"(B) In such regulations, the Secretary may authorize a partici-
pant that is a small business concern to use funds received under 
the Small Business Innovation Research Program or the Small 
Business Technology Transfer Program to help pay the costs of 
partnership activities. Any such funds so used may be considered 
in calculating the amount of the financial commitment undertaken 
by the non-Federal (Jovemment participants unless the Secretary 
determines that the small business concern has not made a signifi-
cant eauity percentage contribution in the partnership from non-
Federal sources.". 
(c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE PROGRAM.— 
Section 2513(e) of such title is amended by adding at the end 
the following new paragraph: 
"(3) The Secretary may prescribe regulations to provide for 
consideration of in-kind contributions by non-Federal (government 
participants in a regional technology alliance for the purpose of 
calculating the share of the costs that has been or is being under-
taken by such participambs. In such regulations, the Secretary may 
authorize a participant that is a small business concern to use 
funds received under the Small Business Innovation Research Pro-
gram or the Small Business Technology Transfer Program to help 
pay the costs of a regional technology alliance. Any such fimds 
so used may be considered in calculating the amount of the financial 
commitment undertaken by the non-Federal (Jovemment partici-
pants unless the Secretary determines that the small business 
concern has not made a significant equity percentage contribution 
in the regional technology alliance from non-Federal sources.". 
(d) MANUFACTURING EXTENSION PROGRAMS.—Section 2523(bX3) 
of such title is amended— 
107 STAT. 1788 
PUBLIC LAW 103-160—NOV. 30, 1993 
(1) in subparagraph (A), by striking out the first sentence 
and inserting in lieu thereof the following: "The Secretary shall 
ensure that the amount of financial assistance furnished by 
the Federal Government to a manufacturing extension program 
under this subsection may not exceed 50 percent of the total 
cost of the program."; and 
(2) by adding at the end the following new subparagraph: 
"(D) The Secretly may prescribe regulations to provide for 
consideration of in-kind contributions by non-Federal Government 
participants in a manufacturing extension program for the purpose 
of calculating the sheire of the costs that has been or is being 
undertaken by such participants. In such regulations, the Secretary 
may authorize a participant that is a small business concern to 
use funds received under the Small Business Innovation Research 
Program or the Small Business Technology Transfer Program to 
help pay the costs of the program. Any such funds so used may 
be considered in calculating the amount of the financial commitment 
undertaken by the non-Federal Grovemment participants luiless 
the Secretary determines that the small business concern has not 
made a significant equity percentage contribution in the program 
from non-Federal sources.". 
(e) DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM.—Sec-
tion 2524(d) of such title is amended to read as follows: 
"(d) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT 
PARTICIPANTS.^ 1) The Secretary shall ensure that the amount 
of funds provided by the Secretary to a program under this section 
does not exceed 50 percent of the total cost of the program. 
"(2) The Secretary may prescribe regulations to provide for 
consideration of in-kind contributions by non-Federal Government 
participants in a program under this section for the purpose of 
calculating the share of the costs that has been or is being under-
taken by such participants. In such regulations, the Secretary may 
authorize a pturticipant that is a small business concern to use 
funds received under the Small Business Innovation Research Pro-
gram or the Small Business Technology Transfer Program to help 
pay the costs of the program. Any such funds so used may be 
considered in calculating the amount of the financial commitment 
undertaken by the non-Federal Government participants unless 
the Secretary determines that the small business concern has not 
made a significant equity percentage contribution in the program 
from non-Federal sources.". 
(f) DEFINITIONS.—Section 2491 of such title is amended by 
adding at the end the following new paragraphs: 
"(13) The term 'Small Business Innovation Research Pro-
gram' means the program established under the following provi-
sions of section 9 of the Small Business Act (15 U.S.C. 638): 
"(A) Paragraphs (4) through (7) of subsection (b). 
"(B) Subsections (e) through (1). 
"(14) The term 'Small Business Technology Transfer Pro-
gram' means the program established under the following provi-
sions of such section: 
—^^ 
"(A) Paragraphs (4) through (7) of subsection (b). 
"(B) Subsections (e) and (n) through (p). 
"(15) The term 'significant equity percentage' means— 
"(A) a level oi contribution and participation sufficient, 
when compared to the other non-Federal participants in 
the partnership or other cooperative arrangement involved, 
PUBLIC LAW 103-160--NOV. 30, 1993 
107 STAT. 1789 
to demonstrate a comparable long-term financial commit-
ment to the product or process development involved; and 
"(B) any other criteria the Secretary may consider nec-
essary to ensure an appropriate equity mix among the 
participants.", 
(g) APPUCATION OF AMENDMENTS TO EXISTING PROJECTS.—In lo use 2511 
the case of a project funded under section 2511, 2512, 2513, 2523, '^"^ 
or 2524 of title 10, United States Code, using funds appropriated 
for a fiscal year beginning before October 1, 1993, the amendments 
made by this section shall not alter the financial commitment 
requirements in effect on the day before the date of the enactment 
of this Act for the non-Federal Government participants in the 
project. 
SEC. 1316. ADDITIONAL CRITERIA FOR THE SELECTION OF REGIONAL 
TECHNOLOGY ALLIANCES. 
Section 2513(h) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (5) as paragraph (7); and 
(2) by inserting after paragraph (4) the following new para-
graphs: 
"(5) The potential for the regional technology alliance to 
increase industrial competitiveness. 
"(6) The potential for the regional technology alliance to 
meet the needs of small- and medium-sized defense-dependent 
compcuiies across multiple activity areas including— 
**(A) outreach; 
"(B) manufacturing education and training; 
"(C) technology development; 
"(D) technology deployment; and 
"(E) business counseling.". 
SEC. 1317. CONDITIONS ON FUNDING OF DEFENSE TECHNOLOGY 
REINVESTMENT PROJECTS. 
(a) BENEFITS T
O UNITED STATES ECONOMY.—In providing for 
the establishment or financial support of partnerships or other 
cooperative arrangements under chapter 148 of title 10, United 
States Code, using fimds made available imder section 1311(a), 
the Secretary of Defense shall ensure that the principal economic 
benefits of such partnerships and other arrangements accrue to 
the economy of the United States. 
(b) USE OF CoMPETmvE SELECTION PROCEDURES.—Funds made 
available under subsection (a) of section 1311 for programs of the 
type described in subsection (b) of such section shall only be pro-
vided to projects selected using competitive procedures pursuant 
to a solicitation incorporating cost-sharing requirements for the 
non-Federal (government participants in the projects. 
(c) CONFORMING AMENDMENT.—Section 2511(e) of title 10, 
United States Code, is amended by striking out ", except that" 
and all that follows through "applies". 
107 STAT. 1790 
Grants. 
Contracts. 
PUBLIC LAW 103-160—NOV. 30, 1993 
Subtitle B—Community Adjustment and 
Assistance Programs 
SEC. 1321. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR 
STATES AND LOCAL GOVERNMENTS FROM THE OFFICE 
OF ECONOMIC ADJUSTMENT. 
(a) FUNDING FOR FISCAL YEAR 1994.—Of the amount made 
available pursuant to section 1302(a), $69,000,000 shall be available 
as community a4justment and economic diversification assistance 
under section 2391(b) of title 10, United States Code. 
(b) PREPARATION ASSISTANCE.—The Secretary of Defense may 
use up to five percent of the amount specified in subsection (a) 
for the purpose of providing preparation assistance to those States 
intending to establish the types of programs for which assistance 
is authorized under section 2391(b) of title 10, United States Code. 
SEC. 1322. ASSISTANCE FOR COMMUNITIES ADVERSELY AFFECTED BY 
CATASTROPHIC OR MULTIPLE BASE CLOSURES OR 
REALIGNMENTS. 
(a) ASSISTANCE AVAILABLE.—Not less than 25 percent of the 
funds made available for fiscal year 1994 to carry out subsection 
(b) of section 2391 of title 10, United States Code, but not to 
exceed 50 percent of such funds, shall be used by the Secretary 
of Defense imder paragraphs (1) and (4) of such subsection to 
make grants, conclude cooperative agreements, and supplement 
funds available imder other Federal programs in order to assist 
State and local governments in planning and carrying out commu-
nity a^justmente and economic diversification in any community 
determined by the Secretary— 
(1) to be likely to experience a loss of not less than five 
percent of the total nimiber of civilian jobs in the community 
as a result of the realignment or closure of a militery installa-
tion; or 
(2) to be adversely affected b^ the realignment or closure 
of more than one military installation. 
(b) AMOUNT OF PLANNING ASSISTANCE.—In providing assistance 
on behalf of communities described in subsection (a) under section 
2391(bXl) of title 10, United Stetes Code, the Secretory of Defense 
shall ensure, to the greatest extent practicable, that the amount 
of such assistonce provided on behalf of each such community 
for planning community adjustments and economic diversification 
is not less than $1,000,000 during fiscal year 1994. 
(c) ADDITIONAL ADJUSTMENT ASSISTANCE.—In providing adjust-
ment assistance (in addition to the planning assistonce provided 
imder subsection (b)) on behalf of communities described in sub-
section (a), to the maximum extent practicable, favorable consider-
ation shall be given to proposals for economic adjustment 
implementotion assistance of^not more than $5,000,000 to be pro-
vided in accordance with estoblished criteria, programs, and proce-
dures governing the provision of such assistonce. 
SEC. 1323. CONTINUATION OF PILOT PROJECT TO IMPROVE ECO-
NOMIC ADJUSTMENT PLANNING. 
(a) CONTINUATION OF PROGRAM.—Subsection (a) of section 4302 
of the Defense Conversion, Reinvestment, and Transition Assistonce 
Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 2391 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1791 
note) is amended by striking out "fiscal year 1993" and inserting 
in lieu thereof'^scal years 1993 and 1994". 
(b) FUNDING FOR FISCAL YEAR 1994.—Of the amount made 
available pursuant to section 1302(a) for defense conversion, 
reinvestment, and transitional assistance programs, not more than 
$1,000,000 shall be made available to continue the pilot project 
required under section 4302 of the Defense Conversion, Remvest-
ment, and Transition Assistance Act of 1992 (division D of Public 
Law 102-484; 10 U.S.C. 2391 note) with respect to those projects 
involving relieving the adverse effects upon a community from 
a combination of the closure or realignment of a military installation 
and changes in the mission of a national laboratory. 
Subtitle C—Personnel Adjustment, 
Education, and Training Programs 
SEC. 1331. CONTINUATION OF TEACHER AND TEACHER'S AIDE PLACE-
MENT PROGRAMS. 
(a) EXPANDED COVERAGE OF CERTAIN MEMBERS OF THE ARMED 
FORCES.—Subsection (eXD of section 1151 of title 10, United States 
Code, is amended by striking out ''before the date of the discharge 
or release" in the first sentence and inserting in lieu thereof "not 
later than one year aft(;r the date of the (uscharge or release". 
(b) EUGIBILITY OF MEMBERS NOT EDUCATIONALLY QUALIFIED 
FOR TEACHER PLACEMENT ASSISTANCE.—(1) Subsection (c) of such 
section is amended— 
(A) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following new 
paragraph: 
(2) For purposes of this section, a former member of the 
armed forces who did not meet the minimiun educational qualifica-
tion criterion set forth in paragraph (IXBXi) for teacher placement 
assistance before discharge or release from active duty shall be 
considered to be a member satisfying such educational qualification 
criterion upon satisfying that criterion within five years after dis-
charge or release from act;ive duty.**. 
(2) Subsection (e) of such section is amended— 
(A) in paragraph (1), as amended by subsection (a), by 
inserting before the period at the end of the first sentence 
the following: "or, in the case of an applicant becoming 
educationally qualified for teacher placement assistance in 
accordance with subsection (cX2), not later than one year after 
the date on which the applicant becomes educationally quali-
fied**; and 
(B) by adding at the end the following new paragraph: 
"(4XA) The Secretary shall provide under the program for 
identifying, during each fiscal year in the period referred to in 
subsection (cXlXA), noncommissioned officers who, on or before 
the end of such fiscal year, will have completed 10 or more years 
of continuous active duty, who have the potential to perform com-
petently as elementary or secondary school teachers, but who do 
not satisfy the minimum educational qualification criterion imder 
subsection (c)(lXB)(i) for teacher placement assistance. 
"(B) The Secretary shall inform noncommissioned officers 
identified under subparagraph (A) of the opportimity to qualify 
107 STAT. 1792 
PUBLIC LAW 103-160—NOV. 30, 1993 
in accordance with subsection (cX2) for teacher placement assistance 
luider the program.". 
(c) EXTENSION OF PERIOD OF REQUIRED SERVICE.—<1) Section 
1151 of such title is further amended— 
(A) in subsection (fK2), by striking out "two school years" 
both places it appears and inserting in lieu thereof "five school 
years ; 
(B) in subsection (hXSXA), by striking out "two consecutive 
school years" and inserting in lieu thereof "five consecutive 
school years"; 
(C) in subsection (hX5), by striking out "two years" both 
places it appears and inserting in lieu thereof "five years"; 
and 
(D) in subsection (iXD, by striking out "two years" both 
places it appears and inserting in lieu thereof "five years". 
(2) Section 1598(dX2) of such title is amended by striking 
out "two school years" both places it appears and inserting in 
lieu thereof "five school years". 
(3) Section 2410j(0(2) of such title is amended by striking 
out "two school years" both places it appears and inserting in 
lieu thereof "five school years". 
(d) GRANT PAYMENTS.—Subsection (hXSXB) of section 1151 of 
such title is amended by striking out "equal to the lesser 
o
f
—
" and all that follows through "$50,000." and inserting in lieu 
thereof the following: "based upon the basic salary paid by the 
local educationcd agency to the participant as a teacher or teacher's 
aide. The rate of pavment by the Secretary shall be as follows: 
"(i) For the first school year of employment, 50 percent 
of the basic salary, except that the pa3rment may not exceed 
$25,000. 
"(ii) For the second school year of employment, 40 
percent of the basic salary, except that the pa}rment may 
not exceed $10,000. 
"(iii) For the third school year of employment, 30 per-
cent of the basic salary, except that the payment may 
not exceed $7,500. 
"(iv) For the fourth school year of employment, 20 
percent of the basic salary, except that the pa3nnent may 
not exceed $5,000. 
"(v) For the fifth year of emplo3mient, 10 percent of 
the basic salary, except that the pajrment may not exceed 
$2,500.". 
(e) INCREASED FLEXIBILITY IN PROVIDING STIPENDS AND PLACE-
MENT GRANTS.—Subsection (h) of such section is amended in para-
graphs (1) and (2) by striking out "shall" both places it appears 
£ma inserting in lieu thereof "majr". 
(f) AGREEMENTS WITH STATES.—Subsection (h) of such section 
is fiirther amended by adding at the end the following new para-
graph: 
"(7XA) In addition to the agreements referred to in paragraphs 
(1) and (2), the Secretary may enter into an agreement directly 
with a State identified pursuant to subsection (bXD to allow the 
State to arrange the placement of participants in the placement 
program with local educational agencies identified pursuant to sub-
section (bX2) or (bX3). The Secretary shall consult with the Sec-
retaiy of Education in entering into agreements with States under 
this paragraph. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1793 
"(B) With respect to an agreement under this paragraph with 
a State, nothing in this paragraph shall be construed to negate 
or supersede the authority of any appropriate official or entity 
of the State to approve those portions of the agreement that are 
not under the jurisdiction of the chief executive officer of the State. 
"(C) The Secretary may reserve up to 10 percent of the funds 
made available to carry out the placement program for a fiscal 
year for the placement of participants throiigh agreements entered 
into under this paragraph. Paragraphs (3) through (6) shall apply 
with respect to any placement made through such an agreement. . 
(g) CLARIFICATION OF STIPEND EXCEPTION.—Subsection (g) of 
such section is amended by striking out paragraph (2) and inserting 
in lieu thereof the following new paragraph: 
"(2) A member who is separated under the special separation 
benefits program under section 1174a of this title, receives vol-
untary separation payments under section 1175 of this title, or 
retires pursuant to the authority provided in section 4403 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 10 U.S.C. 1293 note) shall not be paid a stipend 
under paragraph (1).". 
(h) APPUCATION OF CERTAIN AMENDMENTS.—The amendments lo use iisi 
made by subsections (c) and (d) shall not apply with respect to— "°^-
(1) persons selected by the Secretary of Defense before 
the date of the enactment of this Act to participate in the 
teacher and teacher's aide placement programs established 
pursuant to sections 1151, 1598, and 2410j of title 10, United 
States Code; or 
(2) agreements entered into by the Secretary before such 
date with local educational agencies under such sections. 
SEC. 1332. PROGRAMS TO PLACE SEPARATED MEMBERS IN EMPLOY-
MENT POSITIONS WITH LAW ENFORCEMENT AGENCIES 
AND HEALTH CARE PROVIDERS. 
(a) PLACEMENT PRC»GRAM WITH LAW ENFORCEMENT AGEN-
CIES.—Chapter 58 of title 10, United States Code, is amended 
by adding at the end the following new section: 
*
*
§ 1152. Assistance to separated members to obtain employ-
ment with law enforcement agencies 
"(a) PLACEMENT PROGRAM.—The Secretary of Defense may 
establish a program to assist eligible members of the armed forces 
to obttdn employment as law enforcement officers with State and 
local law enforcement agencies upon their discharge or release 
from active duty. 
''(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph 
(2), a member of the armed forces may apply to participate in 
the program established imder subsection (a) if the member— 
"(A) is selected for involuntary separation, is approved 
for separation under section 1174a or 1175 of this title, or 
retires pursuant to the authority provided in section 4403 of 
the Defense Conversion, Reinvestment, and Transition Assist-
ance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 
1293 note) during the six-year period beginning on October 
1, 1993; and 
"(B) has a military occupational specialty, training, or 
experience related to law enforcement (such as service as a 
107 STAT. 1794 
PUBLIC LAW 103-160—NOV. 30, 1993 
member of the military police) or satisfies such other criteria 
for selection as the Secretai^ of Defense may prescribe. 
"(2) A member who is discharged or released from service 
under other than honorable conditions shall not be eligible to 
participate in the program. 
"(c) SELECTION OF PARTICIPANTS.—(1) The Secretary of Defense 
shall select members to participate in the program established 
under subsection (a) on the basis of applications submitted to the 
Secretary not later than one year after the date of the discharge 
or release of the members from active duty. An application shall 
be in such form and contain such information as the Secretary 
may require. 
"(2) The Secretary may not select a member to participate 
in the program unless the Secretaiy has sufficient appropriations 
for the placement program available at the time of the selection 
to satisfy the obligations to be incurred by the United States under 
subsection (d) with respect to that member. 
"(d) GRANTS TO FACIUTATE EMPLOYMENT.—(1) The Secretary 
of Defense may enter into agreements with State and local law 
enforcement agencies to assist eligible members selected under 
subsection (c) to obtain suitable employment as law enforcement 
officers with these agencies. Under such an agreement, a law 
enforcement agenpy shall agree to employ a participant in the 
program on a full-time basis for at least five years. 
"(2) Under an agreement referred to in paragraph (1), the 
Secretary shall agree to pay to the law enforcement agency involved 
an amount based upon the basic salary paid by the law enforcement 
agency to the participant as a law enforcement officer. The rate 
of payment by the Secretary shall be as follows: 
"(A) For the first year of employment, 50 percent of the 
basic salary, except that the pa3nnent may not exceed $25,000. 
"(B) For the second year of emplo3nnent, 40 percent of 
the basic salary, except that the payment may not exceed 
$10,000. 
"(C) For the third year of employment, 30 percent of the 
basic salary, except that the payment may not exceed $7,500. 
"(D) For the fourth year of employment, 20 percent of 
the bsisic salary, except that the payment may not exceed 
$5,000. 
"(E) For the fifth year of emplojnment, 10 percent of the 
basic salary, except that the payment may not exceed $2,500. 
"(3) Payments required imder paragraph (2) may be made 
by the Secretary in such installments as the Secretary may deter-
mine. 
"(4) If a participant who is placed under this program leaves 
the employment of the law eniorcement agency before the end 
of the five years of required employment service, the agency shall 
reimburse the Secretory in an amount that bears the same ratio 
to the total amount cdready paid under the agreement as the 
unservedjportion bears to the five years of required service. 
"(5) Tne Secretory may not make a grant under this subsection 
to a law enforcement agency if the Secretory determines that the 
law enforcement agency terminated the employment of another 
employee in order to fill the vacancy so created with a participant 
in uiis program. 
"(e) AGREEMENTS WITH STATES.—(1) In addition to the agree-
mento referred to in subsection (dXD, the Secretary of Defense 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1795 
may enter into an agreement directly with a State to allow the 
State to arrange the placement of participants in the program 
with State and local law enforcement agencies. Paragraphs (2) 
through (5) of subsection (d) shall apply with respect to any place-
ment made through such an agreement. 
"(2) The Secretary may reserve up to 10 percent of the funds 
made available to carry out the program for a fiscal year for 
the placement of participants through agreements entered into 
under paragraph (1). 
"(0 DEFINITIONS.—In this section: 
"(1) The term 'State' includes the District of Columbia, 
American Samoa, the Federated States of Micronesia, Guam, 
the Republic of the Marshall Islands, the Commonwealth of 
the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, Palau, and the Virgin Islands. 
"(2) The term 'law enforcement officer* means an individual 
involved in crime and juvenile delinquency control or reduction, 
or enforcement of the: laws, including police, corrections, proba-
tion, parole, and judicial officers.". 
(b) PLACEMENT PROGRAM WITH HEALTH CARE PROVIDERS.— 
Chapter 58 of title 10, United States Code, is amended by adding 
after section 1152, as added by subsection (a), the following new 
section: 
*
^
§ 1153. Assistance to separated members to obtain employ-
ment with heidth care providers 
"(a) PLACEMENT PROGRAM.—The Secretary of Defense may 
establish a program to assist eligible members of the armed forces 
to obtain emplojmtient with health care providers upon their dis-
charge or release from active duty. 
"(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph 
(2), a member shall be eligible for selection by the Secretary of 
Defense to participate in the program established under subsection 
(a) if the member— 
"(A) is selected for involuntary separation, is approved 
for separation under section 1174a or 1175 of this title, or 
retires pursuant to the authority provided in section 4403 of 
the Defense Conversion, Reinvestment, and Transition Assist-
ance Act of 1992 (di\ision D of Public Law 102-484; 10 U.S.C. 
1293 note) during the six-year period beginning on October 
1,1993; 
"(B) has received an associate degree, baccalaureate, or 
advanced degree from an accredited institution of higher edu-
cation or a junior or community college; and 
"(C) has a military occupational specialty, training, or 
experience related to health care, is likely to be able to obtain 
such training in a short period of time (as determined by 
the Secretary), or satisfies such other criteria for selection 
as the Secretary may prescribe. 
"(2) For purposes of this section, a former member of the 
armed forces who did not meet the minimum educational qualifica-
tion criterion set forth in paragraph (IXB) for placement assistance 
before discharge or release from active duty shall be considered 
to be a member satisf^ng such educational qualification criterion 
upon satisfying that criterion within five years after discharge 
or release from active duty. 
107 STAT. 1796 
PUBLIC LAW 103-160—NOV. 30, 1993 
''(3) A member who is discharged or released from service 
under other than honorable conditions shall not be eligible to 
participate in the program. 
"(c) SELECTION OF PARTICIPANTS.—(1) The Secretary of Defense 
shall select members to participate in the program established 
under subsection (a) on the basis of applications submitted to the 
Secretary not later than one year after the date of the discharge 
or release of the members from active duty or, in the case of^ 
an appUcant becoming educationally qualified for teacher placement 
assistance in accordcmce with subsection (bX2), not later than one 
year after the date on which the applicant becomes educationallv 
qualified. An application shall be in such form and contain such 
information as tne Secretary may require. 
"(2) The Secretary may not select a member to participate 
in the program unless the Secretaiy has sufficient appropriations 
for the placement program available at the time of the selection 
to satisfy the obligations to be incurred by the United States imder 
subsection (d) with respect to that member. 
"(3)(A) The Secretary shall provide imder the program for 
identifying, during each fiscal year in the period referred to in 
subjection (bXlXA), noncommissioned officers who, on or before 
the end of such fiscal year, will have completed 10 or more years 
of continuous active duty, who have the potential to perform com-
petently in employment positions with health care providers, but 
who do not satisfy the minimum educational qualification criterion 
imder subsection (bXlXB) for placement assistance. 
"(B) The Secretary shall inform noncommissioned officers 
identified imder subparagraph (A) of the opportimity to qualify 
in accordance with siibsection (bX2) for placement assistance imder 
the program. 
"(d) GRANTS TO FACIUTATE EMPLOYMENT.—(1) The Secretary 
of Defense may enter into an agreement with a health care provider 
to assist eligible members selected under subsection (c) to obtain 
suitable employment with the health care provider. Under such 
an agreement, a health care provider shall agree to employ a 
participant in the program on a full-time basis for at least five 
years. 
"(2) Under an agreement referred to in paragraph (1), the 
Secretaiy shall agree to pay to the health care provider involved 
an amount based upon tne basic salary paid by the health care 
provider to the participant. The rate of payment by the Secretary 
shall be as follows: 
"(A) For the first year of emplo3rment, 50 percent of the 
basic salary, except that the pajnnent may not exceed $25,000. 
"(B) For the second year of employment, 40 percent of 
the basic salary, except that the payment may not exceed 
$10,000. 
"(C) For the third year of emplojonent, 30 percent of the 
basic salary, except that the pajrment may not exceed $7,500. 
"(D) For the fourth year of employment, 20 percent of 
the basic salary, except that the payment may not exceed 
$5,000. 
"(E) For the fifth year of employment, 10 percent of the 
basic salary, except that the payment may not exceed $2,500. 
"(3) Payments required under paragraph (2) may be made 
by the Secretary in such installments as the Secretary may deter-
mine. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1797 
''(4) If a participant who is placed under this program leaves 
the emplo}nnent of the health care provider before the end of the 
five years of required emplojnnent service, the provider shall 
reimburse the Secretary in an amoimt that bears the same ratio 
to the total amoimt idready paid under the agreement as the 
unserved portion bears to the five years of required service. 
"(5) T^e Secretary may not make a grant imder this subsection 
to a health care provider if the Secretary determines that the 
provider terminated the emplojonent of another employee in order 
to fill the vacancy so created with a participant in this program. 
"(e) AGREEMENTS WITH STATES.—(1) In addition to the agree-
ments referred to in subsection (dXD, the Secretary of Defense 
may enter into an agreement directly with a State to allow the 
State to arrange the placement of participants in the program 
with health care providers. Paragraphs (2) through (5) of subsection 
(d) shall apply with respect to any placement made through such 
an agreement. 
"(2) The Secretary may reserve up to 10 percent of the funds 
made available to carry out the program for a fiscal year for 
the placement of participants through agreements entered into 
under paragraph (1). 
"(0 DEFINITIONS.—In this section, the term 'State' includes 
the District of Colimibia, American Samoa, the Federated States 
of Micronesia, Guam, the Republic of the Marshall Islands, the 
Commonwealth of the Northern Mariana Islands, the Common-
wealth of Puerto Rico, Palau, and the Virgin Islands.". 
(c) PRESEPARATION COUNSELING.—Section 1142(bX4) of title 10, 
United States Code, is amended by striking out "program estab-
Hshed under section 1151 of this title to assist members to obtain 
employment as elementary or secondary school teachers or teachers' 
aides." and inserting in lieu thereof "programs established imder 
sections 1151,1152, and 1153 of this title.". 
(d) STUDY ON EXPANSION OF THE LAW ENFORCEMENT PLACE-
MENT PROGRAM TO INCLUDE THE BORDER PATROL.—(1) The Sec-
retary of Defense, in O9nsultation with the Commissioner of the 
Immigration and Naturalization Service, shall conduct a study 
regarding the feasibilit}'^ of expanding the law enforcement place-
ment program established under section 1152 of title 10, United 
States Code, as added by subsection (a), to include the placement 
of members of the Armed Forces who are discharged or released 
from active duty with the Border Patrol of the Immigration and 
Naturalization Service. 
(2) Not later than March 1, 1994, the Secretary shall submit Reports. 
a report to Congress containing the results of the study required 
by this subsection. 
^ 
(e) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new items: 
"1152. Assistance to separated members to obtain employment with law enforce-
ment agencies. 
"1153. Assistance to separated members to obtain employment with health care pro-
viders.". 
107 STAT. 1798 
PUBLIC LAW 103-160—NOV. 30, 1993 
10 use 2701 
SEC. 1333. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION TO PRO-
note. 
VIDE EDUCATION AND TRAINING IN ENVIRONMENTAL 
RESTORATION TO DISLOCATED DEFENSE WORKERS AND 
YOUNG ADULTS. 
(a) GRANT PROGRAM AUTHORIZED.—(1) The Secretary of Defense 
may establish a program to provide demonstration grants to institu-
tions of higher education to assist such institutions in providing 
education and training in environmental restoration and hazardous 
waste management to eligible dislocated defense workers and young 
adults described in subsection (d). The Secretary shall award the 
grants pursuant to a merit-based selection process. 
(2) A grant provided under this subsection may cover a period 
of not more than three fiscal years, except that the payments 
under the grant for the second and third fiscal vear shall be subject 
to the approval of the Secretary and to the availability of appropria-
tions to carry out this section in that fiscal year. 
(b) APPLICATION.—^To be eligible for a grant under subsection 
(a), an institution of higher education shall submit an application 
to the Secretary at such time, in such form, and containing such 
information as the Secretary may require. The application shall 
include the following: 
(1) An assurance by the institution of higher education 
that it will use the grant to supplement andf not supplant 
non-Federal funds that would otherwise be available for the 
education and training activities funded by the grant. 
(2) A proposal by the institution of higher education to 
provide expertise, trsdning, and education in hazardous mate-
rials and waste management and other environmental fields 
applicable to defense manufacturing sites and Department of 
Defense and Department of Energy defense facilities. 
(c) USE OF GRANT FUNDS.—(1) An institution of higher edu-
cation receiving a grant imder subsection (a) shall use the grant 
to establish a consortium consisting of the institution and one 
or more of each of the entities described in paragraph (2) for 
the purpose of establishing and conducting a program to provide 
education and training in environmental restoration and waste 
management to eligible individuals described in subsection (d). To 
the extent practicable, the Secretary shall authorize the consortium 
to use a military installation closed or selected to be closed under 
a base closure law in providing on-site basic skills training to 
participants in the program. 
(2) The entities referred to in paragraph (1) are the following: 
(A) Appropriate State and local agencies. 
(B) F^vate industry councils (as described in section 102 
of the Job Training Partnership Act (29 U.S.C. 1512)). 
(C) Commimity-based organizations (as defined in section 
4(5) of such Act (29 U.S.C. 1503(5)). 
(D) Businesses. 
(E) Organized labor. 
(F) Other appropriate educational institutions. 
(d) ELIGIBLE INDIVIDUALS.—^A program established or conducted 
using funds provided under subsection (a) may provide education 
and training in environmental restoration and waste management 
to— 
(1) individuals who have been terminated or laid off from 
employment (or have received notice of termination or lay off) 
as a consequence of reductions in expenditures by the United 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1799 
States for defense, the cancellation, termination, or comi>letion 
of a defense contract, or the closure or realignment of a militaiv 
installation under a base closure law, as determined in accord-
ance with regulations prescribed by the Secretary; or 
(2) individuals who have attained the age of 16 but not 
thereof 25. 
(e) ELEMENTS OF EDUCATION AND TRAINING PROGRAM.—In 
establishing or conducting an education and training program using 
funds provided under subsection (a), the institution of higher edu-
cation shall meet the following requirements: 
(1) The institution of higher education shall establish and 
provide a work-based learning system consisting of education 
and training in environmental restoration— 
(A) which may include basic educational courses, on-
site basic skills training, and mentor assistance to individ-
uals described In subsection (d) who are participating in 
the program; and 
(B) which may lead to the awarding of a certificate 
or degree at the institution of higher education. 
(2) "nie institution of higher education shall undertake 
outreach and recrmtment efforts to encourage participation 
by eligible individuals in the education and training program. 
(3) The institution of higher education shall select partici-
pants for the education and training program from among 
eligible individuals described in paragraph (1) or (2) of sub-
section (d). 
(4) To the extisnt practicable, in the selection of young 
adults described in subsection (dX2) to participate in the edu-
cation and training program, the institution of higher education 
shall give priority to those yoimg adults who— 
(A) have not attended and are otherwise unlikely to 
be able to attctnd an institution of higher education; or 
(B) have, or are members of families who have, received 
a total family income that, in relation to family size, is 
not in excess of the higher o
f
— 
(i) the official poverty line (as defined by the Office 
of Management and Budget, and revised annually in 
accordance with section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902(2)); or 
(ii) 70 percent of the lower living standard income 
level. 
(5) To the extent practicable, the institution of higher edu-
cation shall select instructors for the education and training 
program from institutions of higher education, appropriate 
community programs, and industry and labor. 
(6) To the extent practicable, the institution of higher edu-
cation shall consult with appropriate Federal, State, and local 
agencies carrying out environmental restoration programs for 
the purpose of achieving coordination between such programs 
and the education and training program conducted by the 
consortium. 
(f) SELECTION OP GRANT RECIPIENTS.—TO the extent practicable, 
the Secretary shall provide grants to institutions of higher education 
under subsection (a) in a manner which will equitably distribute 
such grants among the various regions of the United States. 
(g) LIMITATION ON AMOUNT OF GRANT TO A SINGLE RECIPIENT.— 
The amount of a grant under subsection (a) that may be made 
107 STAT. 1800 
PUBLIC LAW 103-160—NOV. 30, 1993 
to a single institution of higher education in a fiscal year may 
not exceed Vz of the amount made available to provide grants 
under such subsection for that fiscal year. 
(h) REPORTING REQUIREMENTS.--^ 1) The Secretary may provide 
a grant to an institution of higher education under subsection 
(a) only if the institution agrees to submit to the Secretary, in 
each fiscal year in which the Secretary makes payments under 
the grant to the institution, a report containing— 
(A) a description and evaluation of the education and train-
ing program established by the consortium formed by the 
institution under subsection (c); and 
(B) such other information as the Secretary may reasonably 
require. 
Reports. 
(2) Not later than 18 months after the date of the enactment 
of this Act, the Secretary shall submit to the President and Congress 
an interim report containing— 
(A) a compilation of the information contained in the 
reports received by the Secretary from each institution of higher 
education imder paragraph (1); and 
(B) an evaluation of the effectiveness of the demonstration 
grant program authorized by this section. 
Reports. 
(3) Not later than January 1, 1997, the Secretary shall submit 
to the President and Congress a final report containing— 
(A) a compilation of the information described in the 
interim report; and 
(B) a final evaluation of the effectiveness of the demonstra-
tion grant program authorized by this section, including a 
recommendation as to the feasibility of continuing the program, 
(i) DEFINITIONS.—^For purposes of this section: 
(1) BASE CLOSURE LAW.—The term **base closure law" 
means the following: 
(A) The Defense Base Closure and Realignment Act 
of 1990 (part A of title XXDC of Public Law 101-510; 
10 U.S.C. 2687 note). 
(B) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note). 
(C) Section 2687 of title 10, United States Code. 
(D) Any other similar law enacted after the date of 
the enactment of this Act. 
(2) ENVIRONMENTAL RESTORATION.—The term "environ-
mental restoration" means actions taken consistent with a 
permanent remedy to prevent or minimize the release of 
hazardous substances into the environment so that such sub-
stances do not migrate to cause substantial danger to present 
or future public health or welfare or the environment. 
(3) INSTITUTION OF HIGHER EDUCATION.—The term "institu-
tion of higher education" has the meaning given such term 
in section 1201(a) of the Higher Education Act of 1965 (20 
U.S.C. 1141(a)). 
(4) SECRETARY.—^The term "Secretary" means the Secretary 
of Defense. 
(j) CONFORMING REPEAL.—Section 4452 of the Defense Conver-
sion, Reinvestment, and Transition Assistance Act of 1992 (division 
D of Public Law 102-484; 10 U.S.C. 2701 note) is repealed. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1801 
SEC. 1334. ENVIRONMENTAL EDUCATION OPPORTUNITIES PROGRAM. Fellowships 
(a) A
u
T
H
O
R
T
T
Y
.
—
^
T
h
e Secretary of Defense, in consultation with scholarships. 
the Secretary of Energy and the Administrator of the Environmental lo use 270i 
Protection Agency, may establish a scholarship program in order ^°^-
to enable eligible individuals described in subsection (d) to under-
take the educational training or activities relating to environmental 
engineering, environmental sciences, or environmental project 
management in fields related to hazardous waste management and 
cleanup described in subsection (b) at the institutions of higher 
education described in subsection (c). 
(b) EDUCATIONAL TRAINING OR ACTIVITIES.—(1) The program 
established under subsection (a) shall be limited to educational 
training or activities related to— 
(A) site remediation; 
(B) site characterization; 
(C) h€izardous waste management; 
(D) hazardoiis waste reduction; 
(E) recycling; 
(F) process and materials engineering; 
(G) training for positions related to environmental 
engineering, environmental sciences, or environmental project 
management (including training for management positions); 
and 
(H) environmental engineering with respect to the construc-
tion of facilities to address the items described in subpara-
graphs (A) through (G). 
(2) The program established under subsection (a) shall be lim-
ited to educational training or activities designed to enable individ-
uals to achieve specialization in the following fields: 
(A) Earth sciences. 
(B) Chemistry. 
(C) Chemical Engineering. 
(D) Environmental engineering. 
(E) Statistics. 
(F) Toxicology. 
(G) Industrial hygiene. 
(H) Health physics. 
(I) Environmental project management. 
(c) ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION.—Scholarship 
funds awarded under this section shall be used by individuals 
awarded scholarships to enable such individuals to attend institu-
tions of higher education associated with hazardous substance 
research centers to enable such individuals to undertake a program 
of educational training or activities described in subsection (b) that 
leads to an undergradiiate degree, a graduate degree, or a degree 
or certificate that is supplemental to an academic degree. 
(d) ELIGIBLE INDIVIDUALS.—Individuals eligible for scholarships 
under the program established imder subsection (a) are the follow-
ing: 
(1) Any member of the Armed Forces who^ 
(A) was on active duty or full-time National Guard 
duty on September 30,1990; 
(B) during the 5-year period beginning on that date— 
(i) is involuntarily separated (as defined in section 
1141 of title 10, United States Code) from active duty 
or full-time National Guard duty; or 
107 STAT. 1802 
PUBLIC LAW 103-160—NOV. 30, 1993 
; 
(ii) is separated from active duty or full-time 
National Guard duty pursuant to a special separation 
benefits program under section 1174a of title 10, 
United States Code, or the volimtary separation incen-
tive program under section 1175 of that title; and 
(C) is not entitled to retired or retainer pay incident 
to that septaration. 
(2) Any civilian employee of the Department of Energy 
'\ 
or the Department of Defense (other than an employee referred 
to in paragraph (3)) who— 
(A) is terminated or laid off from such employment 
during the five-year period beginning on September 30, 
' - 
1990, as a result of reductions in defense-related spending 
(as determined by the appropriate Secretary); and 
(B) is not entitled to retired or retainer pay incident 
to that termination or lay off. 
(3) Any civilian employee of the Department of Defense 
whose employment at a military installation approved for clo-
sure or realignment imder a base closure law is terminated 
as a result of such closure or realignment. 
(e) AWARD OF SCHOLARSHIP.—(IXA) The Secretary of Defense 
shall award scholarships under this section to such eligible individ-
uals as the Secretary determines appropriate pursuant to regula-
tions or policies promulgated by the Secretaiy. 
(B) In awarding a scholarship under this section, the Secretary 
shall— 
(i) take into consideration the extent to which the qualifica-
tions and experience of the individual applying for the scholar-
ship prepared such individual for the educational training or 
activities to be undertaken; and 
(ii) award a scholarship only to an eligible individual who 
has been accepted for enrollment in the institution of higher 
education described in subsection (c) and providing the edu-
cational training or activities for which the scholarship assist-
ance is sought. 
(2) The Secretary of Defense shall determine the amount of 
the scholarships awarded imder this section, except that the amoimt 
of scholarship assistance awarded to any individual under this 
section may not exceed— 
(A) $10,000 in any 12-month period; and 
(B) a total of $20,000. 
(f) APPLICATION; PERIOD FOR SUBMISSION.—(1) Each individual 
desiring a scholarship under this section shall submit an application 
to the Secretary of Defense in such manner and containing or 
accompanied by such information as the Secretary may reasonably 
require. 
(2) A member of the Armed Forces described in subsection 
(dXD who desires to apply for a scholarship imder this section 
shall submit an application under this subsection not later than 
180 days after the date of the separation of the member. In the 
case of members described in subsection (dXD who were separated 
before the date of the enactment of this Act, the Secretary shall 
accept applications from these members submitted during the 180-
day period beginning on the date of the enactment of this Act. 
(3) A civilian employee described in paragraph (2) or (3) of 
subsection (d) who desires to apply for a scholarship under this 
section, but who receives no prior notice of such termination or 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1803 
lay off, may submit an application under this subsection at any 
time after such termination or lay off. A civilian employee described 
in paragraph (1) or (2) of subsection (d) who receives a notice 
of termination or lay off shall submit an application not later 
than 180 days before the effective date of the termination or lay 
ofiT. In the case of employees described in such paragraphs who 
were terminated or laid off before the date of the enactment of 
this Act, the Secretary shall accept applications from these employ-
ees submitted during the 180-day period beginning on the date 
of the enactment of this Act. 
(g) REPAYMENT.^ 1) Any individual receiving scholarship 
assistance from the Secretary of Defense under this section shall 
enter into an agreement with the Secretary under which the individ-
ual agrees to pay to the United States the total amoimt of the 
scholarship assistance provided to the individual by the Secretaiy 
under this section, plus interest at the rate prescribed in paragraph 
(4), if the individual does not complete the educational training 
or activities for which such assistance is provided. 
(2) If an individual fails to pay to the United States the total 
amoimt required pursuant to paragraph (1), including the interest, 
at the rate prescribed in paragraph (4), the unpaid amount shall 
be recoverable by the United States from the individual or such 
individual's estate by— 
(A) in the case of an individual who is an employee of 
the United States, set ofT against accrued pav, compensation, 
amoimt of retirement credit, or other amount due the employee 
from the United States; and 
(B) such other method as is provided by law for the recovery 
of amounts owing to the United States. 
(3) The Secretary of Defense may waive in whole or in part 
a required repayment imder this subsection if the Secretary deter-
mines that the recovery would be against equity and good conscience 
or would be contrary to the best interests of the United States. 
(4) The total amount of scholarship assistance provided to an 
individual under this section, for purposes of repayment under 
this subsection, shall bear interest at the applicable rate of interest 
under section 427A(c) of the Higher Education Act of 1965 (20 
U.S.C. 1077a(c)). 
(h) COORDINATION OF BENEFITS.—^Any scholarship assistance 
provided to an individual under this section shall be taken into 
account in determining the eligibility of the individual for Federal 
student financial assistance provided under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.). 
(i) REPORT TO CONGRESS.—Not later than January 1, 1995, 
the Secretary of Defense, in consultation with the Secretary of 
Energy and the Administrator of the Environmental Protection 
Agency, shall submit to the Congress a report describing the activi-
ties undertaken under the program authorized by subsection (a) 
and containing recommendations for future activities under the 
program. 
(j) FUNDING.—(1) To carry out the scholarship program author-
ized by subsection (a), the Secretary of Defense may use the unobli-
gated balance of funds made available pursuant to section 445 l(k) 
of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 10 U.S.C. 2701 note) for fiscal year 1993 
for environmental scholarship and fellowship programs for the 
Department of Defense. 
107 STAT. 1804 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The cost of carrying out the program authorized by sub-
section (a) may not exceed $8,000,000 in any fiscal year, 
(k) DEFINITIONS.—^For purposes of this section: 
(1) The term'1t>ase closure law" means the following: 
(A) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note). 
(B) The Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note). 
(2) The term 'iiazardous substance research centers" means 
the hazardous substance research centers described in section 
311(d) of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9660(d)). Such 
term includes the Great Plains and Rocky Mountain Hazardous 
Substance Research Center, the Northeast Hazardous Sub-
stance Research Center, the Great Lakes and Mid-Atlantic 
Hazardous Substance Research Center, the South and South-
west Hazardous Substance Research Center, and the Western 
Region Hazardous Substance Research Center. 
(3) The term''institution of higher education" has the same 
meaning given such term in section 1201(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1141(a)). 
10 use 2701 
SEC. 133S. TRAINING AND EMPLOYMENT OF DEPARTMENT OF 
note. 
DEFENSE EMPLOYEES TO CARRY OUT ENVIRONMENTAL 
RESTORATION AT MILITARY INSTALLATIONS TO BE 
CLOSED. 
r 
(a) TRAINING PROGRAM.—^The Secretary of Defense may estab-
lish a program to provide such training to eligible civilian employees 
of the Department of Defense as the Secretary considers to be 
necessary to qualify such employees to can^ out environmental 
assessment, remediation, and restoration activities (including asbes-
tos abatement) at military installations closed or to be closed. 
(b) EMPLOYMENT OF GRADUATES.—In the case of eligible civilian 
employees of the Department of Defense who successfully complete 
the training program established pursuant to subsection (a), the 
Secretary may— 
(1) employ such employees to carry out environmental 
assessment, remediation, and restoration activities at military 
installations referred to in subsection (a); or 
(2) require, as a condition of a contract for the private 
performance of such activities at such an installation, the con-
tractor to be engaged in carrying out such activities to employ 
such employees. 
(c) EuGiBLE EMPLOYEES.—Eligibility for selection to participate 
in the training program under subsection (a) shall be limited to 
those civilian employees of the Department of Defense whose 
employment would be terminated by reason of the closure of a 
mihtary installation if not for the selection of the employees to 
participate in the training program. 
(d) PRIORITY IN TRAINING AND EMPLOYMENT.—The Secretary 
shall give priority in providing training and employment under 
this section to eligible civilian employees employed at a military 
installation tiie closure of which will directly result in the termi-
nation of the employment of at least 1,000 civilian employees of 
the Department of Defense. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1805 
(e) EFFECT ON OTHER ENVIRONMENTAL REQUIREMENTS.—Noth-
ing in this section shall be construed to revise or modify any 
requirement established under Federal or State law relating to 
environmental assessment, remediation, or restoration activities at 
miUtary installations closed or to be closed. 
SEC. 1336. REVISION TO IMPROVEMENTS TO EMPLOYMENT AND 
TRAINING ASSISTANCE FOR DISLOCATED WORKERS. 
Section 141(s) of the Job Training Partnership Act (29 U.S.C. 
155 
l(s)) is amended to read as follows: 
"(sXD Notwithstanding title II of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and 
any other provision of law, the Secretary and the Secretary of 
E)ducation shall receive priority bv the Secretary of Defense for 
the direct transfer, on a nonreimbursable basis, of the property 
described in paragraph (2) for use in carrying out programs under 
this Act or imder any other Act. 
"(2) The property described in this paragraph is both real 
and personal property under the control of the Department of 
Defense that is not used by such Department, including property 
that the Secretary of Defense determines is in excess of current 
and projected requirements of such Department.". 
SEC. 1337. DEMONSTRATION PROGRAM FOR THE TRAINING OF 10 USC1143 
RECENTLY DISCHARGED VETERANS FOR EMPLOYMENT note. 
IN CONSTRUCTION AND IN HAZARDOUS WASTE REMEDI-
ATION. 
(a) ESTABLISHMENT.—^The Secretary of Defense may establish 
a demonstration program to promote the training and employment 
of veterans in the construction and hazardous waste remediation 
industries. Using funds made available to carry out this section Grants. 
the Secretary shall make grants under the demonstration program 
to organizations that meet the eligibility criteria specified in sub-
section (b). 
(b) GRANT EUGIBILITY CRITERIA.—An organization is eligible 
to receive a grant from the Secretary imder subsection (a) if it— 
(1) demonstrates, to the satisfaction of the Secretary, an 
ability to recruit and counsel veterans for participation in the 
demonstration program imder this section; 
(2) has entered into an agreement with a joint labor-
management training fund established consistent with section 
8(0 of the National Labor Relations Act (29 U.S.C. 158(f)) 
to implement and operate a training and employment program 
for veterans; 
(3) agrees imder the agreement referred to in paragraph 
(2) to use grant funds to carry out a program that will provide 
eligible veterans with training for employment in the construc-
tion and hazardous waste remediation industries; 
(4) provides such training for an eligible veteran for not 
more than 18 months; 
(5) demonstrates actual experience in providing training 
for veterans under an agreement referred to in paragraph (2); 
(6) agrees to make, along with all subgrantees, a substen-
tial in-kind contribution (as determined by the Secretory of 
Defense) from non-Federal sources to the demonstration pro-
gram under this section; and 
(7) gives ito assurances, to the satisfaction of the Secretory, 
that fill! time, permanent jobs will be available for individuals 
107 STAT. 1806 
PUBLIC LAW 103-160—NOV. 30, 1993 
successfully completing the training program, with a special 
emphasis on jobs with employers in construction and hazardous 
waste remediation on Department of Defense facilities. 
(c) ELIGIBLE VETERANS.—^An individual is an eligible veteran 
forthepurposesof this section if the individual— 
(IXA) served in the active military, naval, or air service 
for a period of at least two years; 
(B) was discharged or released from active duty because 
of a service-connected disability; or 
(C) is entitled to compensation (or who but for the receipt 
of military retired pay would be entitled to compensation) under 
the laws administered by the Secretary of Veterans Affairs 
for a disability rated at 30 percent or more; and 
(2) was discharged or released on or after August 2, 1990, 
under conditions other than dishonorable. 
(d) PREFERENCE.—In carrying out the demonstration program 
under this section, the Secretary shall ensure that a preference 
is given to eligible veterans who had a primary or secondary occupa-
tional specialty in the Armed Forces that (as determined under 
regulations prescribed by the Secretary and in effect before the 
date of such separation) is not readily transferable to the civilian 
work force. 
(e) HAZARDOUS WASTE OPERATIONS TRAINING GOAL.—It is the 
sense of Congress that at least 20 percent of the total number 
of veterans completing training under the demonstration program 
under this section should complete the training required— 
(1) for certification under section 126 of the Superfund 
Amendments and Reauthorization Act of 1986 (29 U.S.C. 655 
note); and 
(2) under any other Federal law which requires certification 
for employees engaged in hazardous waste remediation oper-
ations. 
(f) USE OF FUNDS.—Fimds made available to carry out this 
section may only be used for tuition and stipends to cover the 
living and travel expenses of participants, except that the Secretary 
may provide that not more than a total of four percent of all 
the funds made available under this section may be used for 
administrative expenses of grantees and subgrantees. 
(g) LIMITATION ON TUITION CHARGED.—The amount of tuition 
charged eligible veterans participating in a training program funded 
imder the demonstration program may not exceed the amount of 
tuition charged to nonveterans participating in programs substan-
tially similar to that training program. 
(h) LIMITATION ON EXPENDITURES PER PARTICIPANT.—Of the 
funds made available to carry out this section— 
(1) not more than $1,000 may be expended with respect 
to each veteran participating in the construction phase of the 
demonstration program; and 
(2) not more than an additional $1,000 may be expended 
with respect to each veteran participating in the hazardous 
waste remediation phase of the demonstration program, except 
that the Secretary may authorize an additional $300 for the 
training of a veteran participating in such phase if the Sec-
retary determines that such additional amount is necessary 
because of the type of training needed for the particular kind 
\ 
ofhazardous waste remediation involved. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1807 
(i) REPORTS.—<1) Not later than November 1, 1994, the Sec-
retary shall submit to Congress an mterim report describing the 
manner in which the demonstration program imder this section 
is being carried out, including a detailed description of the nimiber 
of grants made, the number of veterans involved, the kinds of 
training received, and any job placements that have occurred or 
that are anticipated. 
(2) Not later than December 31, 1995, the Secretary shall 
submit to Congress a final report containing a description of the 
results of the demonstration program with a detailed description 
of the nimiber of grants made, uie number of veterans involved, 
the number of veterans who completed the program, the number 
of veterans who were placed in jobs, the number of veterans who 
failed to complete the program along with the reasons for such 
failure, and any recommendations the Secretary considers to be 
appropriate. 
(j) DEFINITIONS.—For purposes of this section, the terms 'Vet-
eran , "service-connected", active duty", and "active military, naval, 
or air service" have the meanings given such terms in paragraphs 
(2), (16), (21), and (24), respectively, of section 101 of title 38, 
United States Code. 
(k) TERMINATION.—Not later than October 1, 1994, the Sec-
retary shall obligate, in accordance with the provisions of this 
section, the funds made available to carry out the demonstration 
program under this section. 
SEC. 1338. SERVICE M
E
M
B
E
R
S O
C
C
U
P
A
T
I
O
N
A
L C
O
N
V
E
R
S
I
O
N AND 
TRAINING. 
(a) A
U
T
H
O
R
I
Z
A
T
I
O
N F
O
R FISCAL Y
E
A
R 1994.—Section 4495(aXl) 
of the Service Members Occupational Conversion and Training Act 
of 1992 (subtitle G of title XLIV of Public Law 102-484; 106 Stat. 
2768; 10 U.S.C. 1143 note) is amended by inserting after the first 
sentence the following: "Of the amounts made available pursuant 
to section 1302(a) of the National Defense Authorization Act for 
Fiscal Year 1994, $25,000,000 shall be made available for the pur-
pose of making payments to employers imder this subtitle.". 
(b) TIME PERIOD FOR APPLICATION AND INITIATION OF TRAIN-
INC.—Section 4496 of such Act (106 Stat. 2769) is amended— 
l
O U
S
C 1143 
(1) in paragraph (1), by striking out "September 30, 1995" ^°^ 
and inserting in lieu thereof "September 30,1996"; and 
(2) in paragraph (2), by striking out "March 31, 1996" 
and inserting in lieu thereof'^arch 31,1997". 
(c) PROVISION OF TRAINING THROUGH EDUCATIONAL INSTITU-
TIONS.—Section 4489 of such Act (106 Stat. 2764) is amended in 1
0 U
S
C 1143 
the first sentence by inserting "or any other institution offering ^°^-
a program of 
job training, as approved by the Secretary of Veterans 
Affairs," after "United States Code,". 
SEC. 1339. AMENDMENTS TO DEFENSE DIVERSIFICATION PROGRAM 
UNDER JOB TRAINING PARTNERSHIP ACT. 
(a) EXPANDED ELIGIBILITY FOR CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE EMPLOYED AT CERTAIN MILITARY 
INSTALLATIONS.—Section 325A(bX2XBXii) of the Job Training Part-
nership Act (29 U.S.C. 1662d-l(bX2XBXii)) is amended— 
(1) in subclause (I), by striking out "and" after the semi-
colon; 
(2) in subclause (II), by striking out the period at the 
end and inserting in lieu thereof a semicolon; and 
107 STAT. 1808 
PUBLIC LAW 103-160—NOV. 30, 1993 
(3) by adding at the end the following new subclauses: 
^(III) section 2687 of title 10, United States 
Code; and 
**(IV) any other similar law enacted after the 
date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1994.". 
(b) DEMONSTRATION PROJECTS.—Section 325A(kXl) of the Job 
Training Partnership Act (29 U.S.C. 1662d-l(kXl)) is amended— 
(1) in subparagraph (B), by striking out "and" after the 
semicolon; 
(2) in subparagraph (C), by striking out the period and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
Inter- 
*
*
(
D
) projects involving teams of transition assistance 
felSioM^ 
specialists ft-om Federal, State, and local agencies to pro-
vide onsite services, including assisting affected commu-
nities in short-term and long-term planning and assisting 
affected individuals through counseling and referrals to 
appropriate services, at the site of such reductions or clo-
sures within 60 days of the announcement of such reduc-
tions or closures; 
"(E) projects to assist in establishing transition assist-
ance centers at the installations where large dislocations 
occur to provide comprehensive services to individuals 
affected by such dislocations; 
"(F) projects involving the joint efforts of Federal agen-
cies, sucn as the Department of Labor, the Department 
of Defense, the Department of Commerce, and tne Small 
Business Administration, to assist communities affected 
by such reductions or closures in developing integrated 
commimity planning processes to facilitate the retraining 
of affected individuals and the conversion of installations 
to commercial uses; 
"(G) projects to develop new information and data sys-
tems to assist individuals and communities affected by 
such reductions or closures, including the development of 
data bases with the capability to provide an affected 
individual with a civilian economy skills profile which takes 
into account the skills acquired while working on defense-
related matters; and 
"(H) projects to assist small and medium-sized firms 
affected by such reductions or closures in the formation 
of learning consortia, which will promote joint efforts for 
staff trainmg, human resource development, product devel-
opment, and the marketing of products.". 
(c) STAFF TRAINING, ADMINISTRATION, AND COORDINATION.— 
Section 325A of the Job Training Partnership Act (29 U.S.C. 1662d-
1) is amended— 
(1) by redesignating subsection (1) as subsection (o); and 
(2) by adding the following new subsections after subsection 
(k): 
"(1) STAFF TRAINING AND TECHNICAL ASSISTANCE.—In carrying 
out the grant program established imder subsection (a), the Sec-
retary of Defense may provide staff training and technical assist-
ance services to States, communities, businesses, and labor 
organizations, and other entities involved in providing adjustment 
assistance to workers. 
PUBLIC LAW 103-160-NOV. 30, 1993 
107 STAT. 1809 
"(m) ADMINISTRATIVE EXPENSES.—Not more than 2 percent of 
the Ainds available to the Secretary of Defense to carry out this 
section for any fiscal year may be retained by the Secretary of 
Defense for the administration of activities authorized under this 
section. 
"(n) 
COORDINATION 
WITH 
TECHNOLOGY 
REINVESTMENT 
PROJECTS.—^The Secretary of Defense, in consultation with the Sec-
retary of Labor, shall ensure that activities carried out under this 
section are coordinated with relevant activities carried out pursuant 
to title IV of the Department of Defense Appropriations Act, 1993 
(Public Law 102-396; 106 Stat. 1890).". 
Subtitle D—^National Shipbuilding 
Initiative 
SEC. 1351. SHORT TITLE. 
This subtitle may be cited as the "National Shipbuilding and 
Shipyard Conversion Act of 1993". 
SEC. 1352. NATIONAL SHIPBUILDING INITIATIVE. 
(a) ESTABLISHMENT OF PROGRAM.—There shall be a National 
Shipbuilding Initiative program, to be carried out to support the 
industrial base for national security objectives by assisting in the 
reestablishment of the United States shipbuilding industry as a 
self-sufiEicient, internationally competitive industry. 
(b) ADMINISTERING DEPARTMENTS.^The program shall be car-
ried out— 
(1) by the Secretary of Defense, with respect to programs 
under the jurisdiction of the Secretary of Defense; and 
(2) by the Secretary of Transportation, with respect to 
programs under the jurisdiction of the Secretary of Transpor-
tation. 
(c) PROGRAM ELEMENTS.—The National Shipbuilding Initiative 
shall consist of the following program elements: 
(1) FINANCIAL INCENTIVES PROGRAM.—A financial incentives 
program to provide loan guarantees to initiate commercial ship 
construction for domestic and export sales, encourage shipyard 
modernization, and support increased productivity. 
(2) TECHNOLOGY DEVELOPMENT PROGRAM.—A technology 
development program, to be carried out within the Department 
of Defense by the Advanced Research Projects Agency, to 
improve the technology base for advanced shipbuilding tech-
nologies and related aual-use technologies through activities 
including a development program for innovative commercial 
ship design and production processes and technologies. 
(3) NAVY'S AFFORDABILITY THROUGH COMMONALITY PRO-
GRAM.—^Enhanced support by the Secretary of Defense for the 
shipbuilding program of the Department of the Navy known 
as the Affordability Through Commonality (ATC) program, to 
include enhanced support (A) for the development of common 
modules for military and commercial ships, and (B) to foster 
civil-military integration into the next generation of Naval sur-
face combatants. 
(4) NAVY'S MANUFACTURING TECHNOLOGY AND TECHNOLOGY 
BASE PROGRAMS.—Enhanced support by the Secretary of 
Defense for, and strengthened fimding for, that portion of the 
National 
Shipbuilding 
and Shipyard 
Conversion 
Act of 1993. 
Business 
and industry. 
10 u s e 2501 
note. 
10 u s e 2501 
note. 
107 STAT. 1810 
PUBLIC LAW 103-160—NOV. 30, 1993 
Manufacturing Technolo^ program of the Navy, and that por-
tion of the Technology Base program of the Navy, that are 
in the areas of shipbuilding technologies and ship repair tech-
nologies. 
10 use 2501 
SEC. 1853. DEPARTMENT OF DEFENSE PROGRAM MANAGEMENT 
note. 
THROUGH ADVANCED RESEARCH PROJECTS AGENCY. 
The Secretary of Defense shall designate the Advanced 
Research Projects Agency of the Department of Defense as the 
V . 
lead agency of the Department of Defense for activities of the 
Department of Defense which are part of the National Shipbuilding 
Initiative program. Those activities shall be carried out as part 
of defense conversion activities of the Department of Defense. 
10 use 2501 
SEC. 1354. ADVANCED RESEARCH PROJECTS AGENCY FUNCTIONS 
note 
AND MINIMUM FINANCIAL COMMITMENT OF NON-FED-
ERAL GOVERNMENT PARTICIPANTS. 
(a) ARPA FUNCTIONS.—The Secretary of Defense, acting 
through the Director of the Advanced Research Projects Agency, 
shall cany out the following functions with respect to the National 
Shipbuildmg Initiative program: 
(1) Consultation with the Maritime Administration, the 
OfiEice of Economic Adjustment, the National Economic Council, 
the National Shipbuilding Research Project, the Coast Guard, 
the National Oceanic and Atmospheric Administration, appro-
priate naval commands and activities, and other appropriate 
Federal agencies on— 
(A) development and transfer to the private sector 
of dual-use shipbuilding technologies, ship repair tech-
i 11 
nologies, and shipbuilding management technologies; 
(B) assessments of potential markets for maritime 
products; and 
(C) recommendation of industrial entities, partner-
ships, joint ventures, or consortia for short- and long-term 
manufacturing technology investment strate^es. 
(2) Funding and program management activities to develop 
innovative design ana production processes and the technologies 
required to implement those processes. 
(3) Facilitation of industry and Government technology 
development and technology transfer activities (including edu-
cation and training, market assessments, simulations, hard-
ware models and prototypes, and national and regional indus-
trial base studies). 
(4) Integration of promising technology advances made in 
the Technology Reinvestment Pro-am of the Advanced 
Research Projects Agency into the National Shipbuilding Initia-
tive to effect full defense conversion potential. 
(b) FINANCIAL COMMITMENT OP NON-FEDERAL GOVERNMENT 
PARTICIPANTS.— 
(1) MAXIMUM DEPARTMENT OF DEFENSE SHARE.—^The Sec-
retary of Defense shall ensure that the amount of funds pro-
vided by the Secretary to a non-Federal government participant 
does not exceed 50 percent of the total cost of technology 
development and technology transfer activities. 
(2) REGULATIONS.—^The Secretary may prescribe regula-
tions to provide for consideration of in-ldnd contributions by 
non-Federal Government participants in a partnership for the 
purpose of calculating the share of the partnership costs that 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1811 
has been or is being undertaken by such participants. In 
prescribing the regulations, the Secretary may determine that 
a participant that is a small business concern may use funds 
received under the Small Business Innovation Research Pro-
gram or the Small Business Technology Transfer Program to 
help pay the costs of partnership activities. Any such funds 
so used may be included in calculating the amount of the 
financial commitment undertaken by the non-Federal Govern-
ment participants unless the Secretary determines that the 
small business concern has not made a significant equity con-
tribution in the program from non-Federal sources. 
SEC. 1355. AUTHORITY FOR SECRETARY OF TRANSPORTATION TO 
MAKE LOAN GUARANTEES. 
(a) IN GENERAL.--Title XI of the Merchant Marine Act, 1936, 
is further amended by adding at the end the following new section: 
"SEC. 1111. (a) AUTHORITY TO GUARANTEE OBLIGATIONS FOR 46uscapp. 
ELIGIBLE EXPORT VESSELS.—The Secretary may guarantee obliga- i279d. 
tions for eligible export vessels— 
"(1) in accordance with the terms and conditions of this 
title applicable to loan guarantees in the case of vessels docu-
mented under the laws of the United States; or 
"(2) in accordance with such other terms as the Secretary 
determines to be more favorable than the terms otherwise 
provided in this title and to be compatible with export credit 
terms offered by foreign governments for the sale of vessels 
built in foreign shipyards. 
"(b) INTERAGENCY COUNCIL.— 
"(1) ESTABLISHMENT; COMPOSITION.—^There is hereby estab-
lished an interagency council for the purposes of this section. 
The council shall be composed of the Secretary of Transpor-
tation, who shall be chairman of the Council, the Secretary 
of the Treasury, the Secretary of State, the Assistant to the 
President for Economic Policy, the United States Trade Rep-
resentative, and the President and Chairman of the United 
States Export-Import Bank, or their designees. 
"(2) PURPOSE OF THE COUNCIL.—The council shall— 
"(A) obtain information on shipbuilding loan guarantees, 
on direct and indirect subsidies, and on other favorable treat-
ment of shipyards provided by foreign governments to shipyards 
in competition with United States shipyards; and 
"(B) provide guidance to the Secretary in establishing terms 
for loan guarantees for eligible export vessels under subsection 
(aX2). 
"(3) CONSULTATION WITH U.S. SHIPBUILDERS.—^The council shall 
consult regularly with United States shipbuilders to obtain the 
essential information concerning international shipbuilding com-
petition on which to set terms and conditions for loan guarantees 
under subsection (aX2). 
"(4) ANNUAL REPORT.—^Not later than January 31 of each year 
(beginning in 1995), the Secretary of Transportation shall submit 
to Congress a report on the activities of the Secretary under this 
section during the preceding year. Each report shall include docu-
mentation of sources of information on assistance provided by the 
governments of other nations to shipyards in those nations and 
a summary of recommendations made to the Secretary during the 
preceding year regarding applications submitted to the Secretary 
107 STAT. 1812 
PUBLIC LAW 103-160—NOV. 30, 1993 
during that year for loan guarantees under this title for construction 
of eligible export vessels.". 
46 use app. 
(b) IMPLEMENTATION.— 
1279dnote. 
(j) INITIAL DESIGNATION OF COUNCIL MEMBERS.—Each 
member of the coimcil established imder section 1111(b) of 
the Merchant Marine Act, 1936, as added by subsection (a), 
shall name a designee for service on the council not later 
than 30 days after the date of the enactment of this Act. 
Each such member shall promptly notify the Secretary of 
Transportation of that designation. 
(2) DESIGNATION OF SENIOR MARAD OFFICIAL.—Not later 
than 30 days after the date of the enactment of this Act, 
the Secretary of Transportation shall designate a senior ofiElcial 
within the Maritime Administration to have the responsibility 
and authority to carry out the terms and conditions set forth 
under section 1111 of title XI the Merchant Marine Act, 1936, 
Public 
as added by subsection (a). The Secretary shall make the des-
information. 
ignation of that official known through a public announcement 
in a national periodical. 
SEC. 1366. LOAN GUARANTEES FOR EXPORT VESSELS. 
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1271 et seq.) is amended as follows: 
46 u s e app. 
(1) EUGIBLE EXPORT VESSEL DEFINED.—Section 1101 is 
^^^^' 
amended by adding at the end the following new subsection: 
"(o) The term 'eligible export vessel' means a vessel constructed, 
reconstructed, or reconditioned in the United States for use in 
world-wide trade which will, upon delivery or redelivery, be placed 
under or continued to be documented under the laws of a country 
other than the United States.". 
(2) 
LIMITATIONS ON GUARANTEE OBLIGATIONS.—Section 
46 use app. 
1103 is amended— 
^^^- 
(A) by amending the first sentence of subsection (f) 
to read as follows: ' ^ e aggregate unpaid principal amount 
of the obligations guaranteed under this section and 
outstanding 
at 
any 
one 
time 
shall 
not 
exceed 
$12,000,000,000, of which (1) $850,000,000 shall be limited 
to obligations pertaining to guarantees of obligations for 
fishing vessels and fishery facilities made under this title, 
and (2) $3,000,000,000 shall be limited to obligations 
pertaining to guarantees of obligations for eligible export 
vessels."; and 
(B) by adding at the end the following new subsection: 
"(gXD The Secretary may not issue a commitment to guarantee 
obligations for an eligible export vessel unless, after considering— 
"(A) the status of pending applications for commitments 
to guarantee obligations for vessels documented under the laws 
of the United States and operating or to be operated in the 
domestic or foreign commerce of the United States, 
"(B) the economic soundness of the applications referred 
to in subparagraph (A), and 
"(C) the amount of guarantee authority available, 
the Secretary determines, in the sole discretion of the Secretary, 
that the issuance of a commitment to guarantee obligations for 
an eligible export vessel will not result in the denial of an economi-
cally sound application to issue a commitment to guarantee obliga-
1274. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1813 
tions for vessels documented under the laws of the United States 
operatingin the domestic or forei^ commerce of the United States. 
"(2) The Secretary may not issue commitments to guarantee 
obligations for eligible export vessels imder this section after the 
later of— 
"(A) the 5th anniversary of the date on which the Secretary 
S
ublishes final regulations setting forth the application proce-
ures for the issuance of commitments to guarantee obligations 
for eligible export vessels, 
"(B) the last day of any 5-year period in which funding 
and guarantee authority for obligations for eligible export ves-
sels have been continuously available, or 
"(C) the last date on which those commitments may be 
issued under any treaty or convention entered into after the 
date of the enactment of the National Shipbuilding and Ship-
yard Conversion Act of 1993 that prohibits guarantee of those 
obligations.". 
(3) AUTHORITY TO GUARANTEE OBLIGATIONS FOR ELIGIBLE 
EXPORT VESSELS.—Section 1104A is amended— 
46_usc app. 
(A) by amending so much of subsection (aXD as pre-
cedes the proviso to read as follows: 
"(1) financing, including reimbursement of an obligor for 
expenditures previously made for, construction, reconstruction, 
or reconditioning of a vessel (including an eligible export vessel), 
which is designed principally for research, or for commercial 
use (A) in the coastwise or intercoastal trade; (B) on the Great 
Lakes, or on bays, sounds, rivers, harbors, or inland lakes 
of the United States; (C) in foreign trade as defined in section 
905 of tihis Act for piuposes of title V of this Act; or (D) 
as an ocean thermal energy conversion facility or plantship; 
(E) with respect to floating drydocks in the construction, 
reconstruction, reconditioning, or repair of vessels; or (F) with 
respect to an eligible export vessel, in world-wide trade;"; 
(B) by amending subsection (bX2)— 
u) by striking "subject to the provisions of para-
graph (1) of subsection (c) of this section," and inserting 
subject to the provisions of subsection (cXD and sub-
section (i),", and 
(ii) by inserting before the semicolon at the end 
the following: ": Provided further, That in the case 
of an eligible export vessel, such obligations may be 
in an aggregate principal amount which does not 
exceed 87 V
a of the actual cost or depreciated actual 
cost of the eligible export vessel"; 
(C) by amending subsection (bX6) by inserting after 
"United States Coast Guard" the following: "or, in the 
case of an eligible export vessel, of the appropriate national 
flag authorities under a treaty, convention, or other inter-
national agreement to which the United States is a party"; 
(D) in subsection (d), by adding at the end the following 
new paragraph: 
"(3) No commitment to guarantee, or guarantee of an 
obligation may be made by the Secretaiy under this title for 
the construction, reconstruction, or reconditioning of an eligible 
export vessel unless— 
"(A) the 
Secretary 
finds 
that the 
construction, 
reconstruction, or reconditioning of that vessel will aid 
107 STAT. 1814 
PUBLIC LAW 103-160—NOV. 30, 1993 
46 u s e app. 
1274a. 
46 u s e app. 
1273. 
46 u s e app. 
1279e. 
in the transition of United States shipyards to commercial 
activities or will preserve shipbuilding assets that would 
be essential in time of war or national emergency, and 
**(B) the owner of the vessel agrees with the Secretary 
of Transportation that the vessel shall not be transferred 
to any country designated by the Secretary of Defense 
as a country whose interests are hostile to the interests 
of the United States.**; and 
(E) by adding at the end the following new subsections: 
"(i) The Secretary may not, with respect to— 
"(1) the general 75 percent or less limitation in subsection 
(bX2); 
"(2) the 87y2 percent or less limitation in the 1st, 2nd, 
4th, or 5th proviso to subsection (b)(2) or section 1112(b); or 
"(3) the 80 percent or less limitation in the 3rd proviso 
to such subsection; 
establish by rule, regulation, or procedure any percentage within 
any such limitation that is, or is intended to be, applied uniformly 
to all guarantees or commitments to guarantee made imder this 
section that are subject to the limitation. 
"(j)(l) Upon receiving an application for a loan guarantee for 
an eligible export vessel, the Secretary shall promptly provide to 
the Secretary of Defense notice of the receipt of tne application. 
During the 30-day period beginning on the date on which the 
Secretary of Defense receives such notice, the Secretary of Defense 
may disapprove the loan guarantee based on the assessment of 
the Secretary of the potential use of the vessel in a manner that 
may cause harm to United States national security interests. The 
Secretary of Defense mav not disapprove a loan guarantee under 
this section solely on the basis of the type of vessel to be constructed 
with the loan guarantee. The authority of the Secretary to dis-
approve a loan guarantee under this section may not be delegated 
to any ofiKcial other than a civilian officer of the Department of 
Defense appointed by the President, by and with the advice and 
consent of the Senate. 
"(2) The Secretary of Transportation may not make a loan 
guarantee disapproved by the Secretary of Defense under paragraph 
(1).". 
(4) LIMITATION ON AUTHORITY TO ESTABLISH UNIFORM 
PERCENTAGE LIMITATION.—Section 1104B is amended by adding 
at the end of subsection (b) the following flush sentence: 
*The Secretary may not by rule, regulation, or procediu'e establish 
any percentage within the 87^2 percent or less limitation in para-
graph (2) that is, or is intended to be, applied uniformly to all 
guarantees or commitments to guarantee made under this section.". 
(5) CONFORMING AMENDMENT.—Section 1103(a) is amended 
in the first sentence by striking ", upon application by a citizen 
of the United States,**. 
SEC. 1357. LOAN GUARANTEES FOR SmPYARO MODERNIZATION AND 
IMPROVEMENT. 
(a) IN GENERAL.—Title XI of the Merchant Marine Act, 1936, 
is further amended by adding at the end the following new section: 
"SEC. 1112. (a) The Secretary, under section 1103(a) and subject 
to the terms the Secretary shall prescribe, may guarantee or make 
a commitment to guarantee the pajrment of the principal of, and 
the interest on, an obligation for advanced shipbmlding technology 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1815 
and modem shipbuilding technology of a general shipyard facility 
located in the United States. 
"(b) Guarantees or commitments to guarantee imder this section 
are subject to the extent applicable to all the laws, requirements, 
regulations, and procedures that apply to guarantees or commit-
ments to guarantee made under this title, except that guarantees 
or commitments to guarantee made imder this section may be 
in the aggregate principal amoimt that does not exceed 87 y2 percent 
of the actual cost of the advanced shipbuilding technology or modem 
shipbuilding technology. 
"(c) The Secretary may accept the transfer of funds from any 
other department, agency, or instrumentality of the United States 
Grovemment and may use those funds to cover the cost (as defined 
in section 502 of the Federal Credit Reform Act of 1990) of making 
guarantees or commitments to guarantee loans entered into under 
this section. 
**(d) For purposes of this section: 
"(1) The term'advanced shipbuilding technology* includes— 
"(A) numerically controlled machine tools, robots, auto-
mated process control equipment, computerized flexible 
manufacturing systems, associated computer software, and 
other technology for improving shipbuilding and related 
industrial production which advance the state-of-the-art; 
and 
"(B) novel techniques and processes designed to 
improve shipbuilding quality, productivity, and practice, 
and 
to 
promote 
sustainable 
development, 
including 
engineering design, quality assurance, concurrent engineer-
ing, continuous process production technology, energy effi-
ciency, waste minimization, design for recyclability or partB 
reuse, inventory management, upgraded worker skills, and 
communications with customers and suppliers. 
"(2) The term 'modem shipbuilding technology* means the 
best available proven technology, techniques, and processes 
appropriate to enhancing the productivity oi shipyards. 
"(3) The term 'general shipyard facility* means— 
"(A) for operations on land— 
"(i) any structure or appurtenance thereto designed 
for the construction, repair, rehabilitation, refurbish-
ment or rebuilding of any vessel (as defined in title 
1, United States Code) and including graving docks, 
building ways, ship lifts, wharves, and pier cranes; 
**(ii) the land necessary for anv structure or appur-
tenance described in clause (i); and 
"(iii) equipment that is for the use in connection 
with any structure or appurtenance and that is nec-
essary for the performance of any function referred 
to in subparagraph (A); 
"(B) for operations other than on land, any vessel, 
floating drydock or barge built in the United States and 
used for, equipped to be used for, or of a t3rpe that is 
normally used for activities referred to in subparagraph 
(AXi) of this paragraph.". 
(b) CONFORMING AMENDMENT.—Section llOl(n) of that Act (46 
App. U.S.C. 1271(n)) is amended by striking 'Vessels.** and inserting 
'Vessels and general shipyard facilities (as defined in section 
limdXS)).**. 
107 STAT. 1816 
PUBLIC LAW 103-160—NOV. 30, 1993 
46 use app. 
1280a. 
SEC. 1358. EUGIBLE SHIPYARDS. 
To be eligible to receive loan guarantee assistance under title 
XI of the Merchant Marine Act, 1936, a shipyard must be a private 
shipyard located in the United States. 
SEC. 1369. FUNDING FOR CERTAIN LOAN GUARANTEE COMMITMENTS 
FOR FISCAL YEAR 1994. 
(a) FUNDING.—(1) The amount appropriated to the Secretary 
of Defense pursuant to the authorization of appropriations in section 
108 shall be available only for transfer to the Secretary of Transpor-
tation and shall be available only for costs (as defined in section 
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) 
of new loan guarantee commitments under (A) section 1104A(aXl) 
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1274(aXl)), 
as amended by section 1356, or section llll(aX2) of such Act, 
as added by section 1355, for vessels of at least 5,000 gross tons 
that are commercially marketable on the international market 
(including eligible export vessels), and (B) section 1112 of the Mer-
chant Marine Act, 1936, as added by section 1357. 
(2) Of the amount referred to in paragraph (1) that is obligated 
in any year, not more than 12V2 percent may be obligated for 
costs of new loan guarantee commitments under section 1112 of 
the Merchant Marine Act, 1936, as added by section 1357. 
(3) In making loan guarantee commitments using fimds referred 
to in paragraph (1) for the purpose described in paragraph (2), 
the Secretary of Transportation shall give priority to applications 
from shipyards that have engaged in naval vessel construction. 
(b) TRANSFER TO SECRETARY OF TRANSPORTATION.—Subject to 
the provisions of appropriations Acts, amounts made available 
under subsection (a) shall be transferred to the Secretary of 
Transportation for use as described in that subsection. Anv such 
transfer shall be made not later than 90 days after the date of 
the enactment of an Act appropriating the funds to be transferred. 
(c) LIMITATIONS ON THE USE OF DEPARTMENT OF DEFENSE 
FUNDS.—(1) Funds available to the Secretary of Transportation 
firom the Department of Defense under this section may be obligated 
only to the extent that an equal amount of funds is available 
for purposes of this section from non-Department of Defense sources. 
(2) Funds available as of the date of the enactment of this 
Act under loan guarantee programs under title XI of the Merchant 
Marine Act, 1936, are considered non-Department of Defense funds 
for purposes of paragraph (1). 
SEC. 1360. COURT SALE TO ENFORCE PREFERRED MORTGAGE LIENS 
FOR EXPORT VESSELS. 
Section 31326(b) of title 46, United States Code, is amended— 
(1) in paragraph (1), by inserting ", including a preferred 
mortgage lien on a foreign vessel whose mortgage has been 
guaranteed under title XI of the Merchant Marine Act, 1936 
(46 App. U.S.C. 1101 et seq.)" after "preferred mortgage lien**, 
and 
(2) in paragraph (2), by inserting "whose mortgage has 
not been guaranteed under title XI of that Act** after "foreign 
vessel**. 
SEC. 1361. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) AUTHORIZATIONS FOR DEPARTMENT OF TRANSPORTATION.— 
There is authorized to be appropriated to the Secretary of Transpor-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1817 
tation for fiscal year 1994 the sum of $10,000,000 to pay administra-
tive costs related to new loan guarantee commitments described 
in subsection (a) of section 1359. 
(b) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
the authority of this section shall remain available until expended. 
SEC. 1382. REGULATIONS. 
(a) IN GENERAL.—Within 90 days after the date of the enact-
ment of this Act, the Secretary of Transportation shall prescribe 
regulations as necessary to carry out the Secretary's responsibilities 
under this title (including the amendments made by this title). 
(b) INTERIM REGULATIONS.—The Secretary of Transportation 
mav prescribe interim re|fulations necessary to carry out this title 
and for accepting applications under title XI of the Merchant Marine 
Act, 1936, as amended by this title. For that purpose, the Secretary 
is excepted from compliance with the notice and comment reqviire-
ments of section 553 of title 5, United States Code. All regulations 
E
rescribed imder this subsection that are not earlier superseded 
y final rules shall expire 270 days after the date of the enactment 
of this Act. 
SEC. 1363. SHIPYARD CONVERSION AND REUSE STUDIES. 
(a) STUDIES REQUIRED.—^The Secretary of Defense shall make 
community adjustment and diversification assistance available 
imder section 2391(b) of title 10, United States Code, for the purpose 
o
f
— 
(1) conducting a study regarding the feasibility of convert-
ing and reutilizing the Charleston Naval Shipyard, South Caro-
lina, as a facility primarily oriented toward commercial use; 
and 
(2) conducting a study regarding the feasibility of convert-
ing and reutilizing the Mare Island Naval Shipyard, California, 
as a facility primarily oriented toward commercial use. 
(b) FUNDING.—Of the amount made available pursuant to sec-
tion 1302(a), $500,000 shall be available to carry out each of the 
studies required by subsection (a). 
Subtitle E—Other Matters 
SEC. 1371. ENCOURAGEMENT OF THE PURCHASE OR LEASE OF 
VEHICLES PRODUCING ZERO OR VERY LOW EXHAUST 
EMISSIONS. 
From fimds authorized to be appropriated in subtitle A of 
title I and section 301 for the purchase or lease of non-tactical 
administrative vehicles (such as automobiles, utility trucks, buses, 
and vans), the Secretaiy of Defense is encouraged to expend not 
less than 10 percent of such funds for the purchase or lease of 
vehicles producing zero or very low exhaust emissions. 
SEC. 1372. REVISION TO REQUIREMENTS FOR NOTICE TO CONTRAC-
TORS UPON PENDING OR ACTUAL TERMINATION OF 
DEFENSE PROGRAMS. 
Section 4471 of the Defense Conversion, Reinvestment, and 
Transition Assistance Act of 1992 (division D of Public Law 102-
484; 106 Stat. 2753; 10 U.S.C. 2501 note) is amended to read 
as follows: 
46 use app. 
1279b. 
Termination 
date. 
69-194 O - 94 - 28 : QL. 3 Part 2 
107 STAT. 1818 
PUBLIC LAW 103-160—NOV. 30, 1993 
Regulations. 
Federal 
Register, 
publication. 
Regulations. 
Federal 
Register, 
publication. 
*«£€. 4471. NOTICE TO CONTRACTORS AND EMPLOYEES UPON PRO-
POSED AND ACTUAL TERMINATION OR SUBSTANTIAL 
REDUCTION IN MAJOR DEFENSE PROGRAMS. 
"(a) NOTICE REQUIREMENT AFTER SUBMISSION OF PRESIDENT'S 
BUDGET TO CONGRESS.—^Each year, in conjunction with the prepara-
tion of the budget for the next fiscal year to be submitted to 
Congress under section 1105 of title 31, United States Code, the 
Secretary of Defense shall determine which major defense programs 
(if any) are proposed to be terminated or substantially reduced 
under the buaget. As soon as reasonably practicable after the date 
on which the budget is submitted to Congress under such section, 
and not more than 180 days after such date, the Secretary, in 
accordance with regulations prescribed by the Secretary, shall pro-
vide notice of the proposed termination of, or substantial reduction 
in, each such program— 
"(1) directly to each prime contractor under that program; 
and 
"(2) by general notice through publication in the Federal 
Register. 
*
*
(
b
) NOTICE REQUIREMENT AFTER ENACTMENT OF APPROPRIA-
TIONS ACT.—^Each year, as soon as reasonably practicable after 
the date of the enactment of an Act appropriating funds for the 
milit£uy functions of the Department of Defense, and not more 
than 180 days after such date, the Secretary of Defense, in accord-
ance with regulations prescribed bv the Secretary— 
''(1) shall determine whicn major defense programs (if any) 
of the Department of Defense that were not previously identi-
fied under subsection (a) are likely to be terminated or substan-
tially reduced as a result of the funding levels provided in 
that Act; and 
"(2) shall provide notice of the anticipated termination of, 
or substantial reduction in, that program— 
"(A) directly to each prime contractor under that pro-
gram; 
*
*
(
B
) directly to the Secretary of Labor; and 
*
*
(
C
) by general notice through publication in the Fed-
eral Register. 
"(c) NOTICE TO SUBCONTRACTORS.—^As soon as reasonably prac-
ticable after the date on which the prime contractor for a msgor 
defense program receives notice imder subsection (a) or (b) of the 
termination of, or substantial reduction in, that program, and not 
more than 45 days after such date, the prime contractor shall— 
"(1) provide notice of that termination or substantial reduc-
tion to each person that is a first-tier subcontractor for that 
program under a contract in an amount not less than $500,000 
for the program; and 
"(2) require that each such subcontractor— 
"(A) provide such notice to each of its subcontractors 
for the program under a contract in an amount in excess 
of $100,000; and 
"(B) impose a similar notice and pass through require-
ment to subcontractors in an amount in excess of $100,000 
at all tiers. 
"(d) 
CONTRACTOR NOTICE TO EMPLOYEES AND STATE DIS-
LOCATED WORKER UNIT.—^Not later than two weeks after a defense 
contractor receives notice under subsection (aXD or (bXD, as the 
case may be, of the termination of, or substantial reduction in, 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1819 
a defense program, the contractor shall provide notice of such 
termination or substantial reduction to— 
"(IXA) each representative of employees whose work is 
directly related to the defense contract under such program 
and who are employed by.the defense contractor; or 
"(B) if there is no such representative at that time, each 
such employee; and 
"(2) the State dislocated worker unit or office described 
in section 311(bX2) of the Job Training Partnership Act (29 
U.S.C. 1661(b)(2)) and the chief elected official of the unit 
of general local government within which the adverse effect 
may occur. 
"(e) CONSTRUCTIVE NOTICE.—The notice of termination of, or 
substantial reduction in, a major defense program provided under 
subsection (d)(1) to an employee of a contractor shall have the 
same effect as a notice of termination to such employee for the 
purposes of determining whether such employee is eligible for train-
ing, adjustment assistance, and emplojmient services under section 
325 or 325A of the Job Training Partnership Act (29 U.S.C. 1662d, 
1662d-l), except where the employer has specified that the termi-
nation of, or substantial reduction in, the program is not likely 
to result in plant closure or mass layoff. Any employee considered 
to have received such notice under the preceding sentence shall 
only be eligible to receive services under section 314(b) of such 
Act (29 U.S.C. 1661c(b)) and under paragraphs (1) through (14), 
(16), and (18) of section 314(c) of such Act (29 U.S.C. 1661c(c)). 
"(f) WITHDRAWAL OF NOTIFICATION UPON SUFFICIENT FUNDING 
FOR PROGRAM TO CONTINUE.— 
"(1) NOTICE TO PRIME CONTRACTOR.—If the Secretary of 
Defense provides a notification under subsection (a) for a fiscal 
year with respect to a major defense program and the Secretary 
subsequently determines, upon enactment of an Act appropriat-
ing funds for the military functions of the Department of 
Defense for that fiscal year that due to a sufficient level of 
funding for the program having been provided in that Act 
there will not be a termination of, or substantial reduction 
in, that program, then the Secretary shall provide notice of 
withdrawal of the notification provided under subsection (a) 
to each prime contractor that received that notice under such 
subsection. Any such notice of withdrawal shall be provided 
as soon as reasonably practicable after the date of the enact-
ment of the appropriations Act concerned. In any such case. Federal 
the Secretary shall at the same time provide general notice 
^^uj?*^^!' 
of such withdrawal by publication in the Federal Register. 
^" ^^^ ^°" 
"(2) NOTICE TO SUBCONTRACTORS.—-AS soon as reasonably 
practicable after the date on which the prime contractor for 
a m^or defense program receives notice under paragraph (1) 
of the withdrawal of a notification previously provided to the 
contractor under subsection (a), and not more than 45 days 
after that date, the prime contractor shall provide notice of 
such vdthdrawal to each person that is a first-tier subcontractor 
for the program under a contract in an amount not less than 
$500,000 for the program and shall require that each such 
subcontractor provide such notice to each subcontractor for 
the program under a contract in an amount not less than 
$100,000 at any tier. 
107 STAT. 1820 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(3) NOTICE TO EMPLOYEES.—^As soon as reasonably prac-
ticable after the date on which a prime contractor receives 
notice of withdrawal under paragraph (1) or a subcontractor 
receives such a notice under paragraph (2), and not more than 
two weeks after that date, the contractor or subcontractor shall 
provide notice of such withdrawal— 
**(A) to each representative of employees whose work 
is directly related to the defense contract under the pro-
gram and who are employed by the contractor or sub-
contractor or, if there is no such representative at that 
time, each such employee; 
"(B) to the State dislocated worker unit or office 
described in section 311(bX2) of the Job Training Partner-
ship Act (29 U.S.C. 1661(b)(2)) and the chief elected official 
of the unit of general local government within which the 
adverse effect may occur; and 
"(C) to each grantee under section 325(a) or 325A(a) 
of the Job Training Partnership Act (29 U.S.C. 1662d, 
1662d-l) providing training, adjustment assistance, and 
employment services to an employee described in this para-
graph. 
"(4) Loss OF ELIGIBILITY.—^An employee who receives a 
notice of withdrawal under paragraph (3) shall not be eligible 
for training, adjustment assistance, and employment services 
under section 325 or 325A of the Job Training Partnership 
Act (29 U.S.C. 1662d, 1662d-l) beginning on the date on which 
the employee receives the notice. 
"(g) DEFINITIONS.—For purposes of this section: 
"(1) The term 'major defense program' means a program 
that is carried out to produce or acquire a major system (as 
defined in section 2302(5) of title 10, United States Code). 
"(2) The terms 'substantial reduction' and 'substantially 
reduced', with respect to a major defense program, mean a 
reduction of 25 percent or more in the total dollar value of 
contracts under the program.". 
29 use 1662d-l 
SEC. 1373. REGIONAL RETRAINING SERVICES CLEARINGHOUSES. 
(a) ESTABUSHMENT REQUIRED.—The Secretary of Labor, in con-
sultation with the Secretary of Defense, may carry out a demonstra-
tion project to establish one or more regional retraining services 
clearinghouses to serve eligible persons described in subsection 
(b). 
(b) PERSONS ELIGIBLE FOR CLEARINGHOUSE SERVICES.—The fol-
lowing persons shall be eligible to receive services through the 
clearinghouses: 
(1) Members of the Armed Forces who are discharged or 
released from active duty. 
(2) Civilian employees of the Department of Defense who 
are terminated from such emplo3nnent as a result of reductions 
in defense spending or the closure or realignment of a military 
installation, as determined by the Secretary of Defense. 
(3) Employees of defense contractors who are terminated 
or laid off" (or receive a notice of termination or lay off) as 
a result of the completion or termination of a defense contract 
or program or reductions in defense spending, as determined 
by the Secretary of Defense. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1821 
(c) 
INFORMATIONAL 
ACTIVITIES OF CLEARINGHOUSES.—The 
clearinghouses shall— 
(1) collect educational materials that have been prepared 
for the purpose of providing information regarding available 
retraining programs, in particular those programs dealing with 
critical skills needed in advanced manufacturing and skill areas 
in which shortages of skilled employees exist; 
(2) estabUsn and maintain a data base for the purpose 
of storing and categorizing such materials based on the different 
needs of eligible persons; and 
(3) furnish such materials, upon request, to educational 
institutions and other interested persons. 
(d) FUNDING.—^From the imobligated balance of funds made 
available piursuant to section 4465(c) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 29 
U.S.C. 1662d-l note) to carry out section 325A of the Job Training 
Partnership Act (29 U.S.C. 1662d-l), not more than $10,000,000 
shall be available to the Secretary of Labor to carry out this section 
during fiscal year 1994. Funds made available under section 1302 
for defense conversion, reinvestment, and transition assistance pro-
grams shall not be used to carry out this section. 
SEC. 1374. USE OF NAVAL INSTALLATIONS TO PROVIDE EMPLOYMENT 
10 USC 5013 
TRAINING TO NONVIOLENT OFFENDERS IN STATE PENAL note. 
SYSTEMS. 
(a) DEMONSTRATION PROJECT AUTHORIZED.—The Secretary of 
the Navy may conduct a demonstration project to test the feasibility 
of using Navy facilities to provide employment training to non-
violent offenders in a State penal system prior to their release 
from incarceration. Tlie demonstration project shall be limited to 
not more than three military installations under the jurisdiction 
of the Secretary. 
(b) AGREEMENTS WITH NONPROFIT ORGANIZATIONS.—The Sec-
retary may enter into a cooperative agreement with one or more 
private, nonprofit organizations for purposes of providing at the 
military installations included in the demonstration project the 
prerelease employment training authorized under subsection (a). 
(c) USE OF FACILITIES.—^Under a cooperative agreement entered 
into under subsection (b), the Secretary may lease or otherwise 
make available to a nonprofit organization participating in the 
demonstration project at a military installation included in the 
demonstration project any real property or facilities at the installa-
tion that the Secretary considers to be appropriate for use to provide 
the prerelease employment training authorized under subsection 
(a). Notwithstanding section 2667(bX4) of title 10, United States 
Code, the use of such real property or facilities may be permitted 
with or without reimbursement. 
(d) ACCEPTANCE OF SERVICES.—Notwithstanding section 1342 
of title 31, United States Code, the Secretary may accept voluntary 
services provided by persons participating in the prerelease employ-
ment training authorized under subsection (a). 
(e) LIABILITY AND INDEMNIFICATION.—A nonprofit organization 
participating in the demonstration project shall be liable for any 
loss or damage to Government property that may result from, 
or in connection with, the provision of^prerelease employment train-
ing by the organization under demonstration project. The nonprofit 
organization also shall hold harmless and indemnify the United 
107 STAT. 1822 
PUBLIC LAW 103-160—NOV. 30, 1993 
States from and against any suit, claim, demand, action, or liability 
arising out of any claim for personal ipjuiy or property damage 
that may result from or in connection with the aemonstration 
project. 
(0 REPORT.—^Not later than two years after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
a report evaluating the success of the demonstration project and 
containing such recommendations with regard to the termination, 
continuation, or expansion of the demonstration project as the Sec-
retary considers to be appropriate. 
NATO. 
United Nations. 
TITLE XIV—MATTERS RELATING TO 
ALLIES AND OTHER NATIONS 
Subtitle A—Defense Burden Sharing 
SEC. 1401. DEFENSE BURDENS AND RESPONSIBILrnES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Since fiscal year 1985, the budget of the Department 
of Defense has declined by 34 percent in constant fiscal year 
1985 dollars. 
(2) During the past few years, the United States military 
presence overseas has declined significantly in the following 
ways: 
(A) Since fiscal year 1986, the number of United States 
military personnel permanently stationed overseas has 
declined by almost 200,000. 
(B) From fiscal year 1989 to fiscal year 1994, spending 
by the United States to support the stationing of United 
States military forces overseas will have dechned by 36 
percent. 
(C) Since January 1990, the Department of Defense 
has annoimced the closure, reduction, or transfer to 
standby status of 840 United States military facilities over-
seas, which is approximately a 50 percent reduction in 
the number of such facilities. 
(3) The United States military presence overseas will con-
tinue to decline as a result of actions by the executive branch 
and as a result of the following provisions of law: 
(A) Section 1302 of the National Defense Authorization 
Act for Fiscal Year 1993, which requires a 40 percent 
reduction by September 30, 1996, in the number of United 
States military personnel permanently stationed ashore 
in overseas locations. 
(B) Section 1303 of the National Defense Authorization 
Act for Fiscal Year 1993, which provides that no more 
than 100,000 United States military personnel may be 
permanently stationed ashore in NATO member countries 
after September 30,1996. 
(C) Section 1301 of the National Defense Authorization 
Act for Fiscal Year 1993, which reduced the spending pro-
posed by the Department of Defense for overseas basing 
activities during fiscal year 1993 by $500,000,000. 
(D) Sections 913 and 915 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991, which 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1823 
directed the President to develop a plan to gradually reduce 
the United States military force structure in East Asia. 
(4) The East Asia Strategy Initiative, which was developed 
in response to sections 913 and 915 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991, has resulted 
in the withdrawal of 12,000 United States military personnel 
from Japein and the Republic of Korea since fiscal year 1990. 
(5) In response to actions by the executive branch and 
the Congress, allied countries in which United States military 
personnel are stationed and alliances in which the United 
States participates have agreed to reduce the costs incurred 
by the United States in basing military forces overseas in 
the following ways: 
(A) Under the 1991 Special Measures Agreement 
between Japan and the United States, Japan will pay 
by 1995 almost all yen-denominated costs of stationing 
United States military personnel in Japan. 
(B) The Republic of Korea has agreed to pay by 1995 
one-third of the won-based costs incurred by the United 
States in stationing United States military personnel in 
the Republic of Korea. 
(C) The North Atlantic Treaty Organization (NATO) 
has agreed that the NATO Infrastructure Program will 
adapt to support post-Cold War strategy and could pay 
the annual operation and maintenance costs of facilities 
in Europe and the United States that would support the 
reinforcement of Europe by United States military forces 
and the participation of United States military forces in 
peacekeeping and conflict prevention operations. 
(D) Such allied coimtries and alliances have agreed 
to share more fully the responsibilities and burdens of 
providing for mutual security and stability through steps 
such as the following: 
(i) The Republic of Korea has assumed the leader-
ship role regarding ground combat forces for the 
defense of the Republic of Korea. 
(ii) NATO has adopted the new mission of conduct-
ing peacekeeping operations and is, for example, 
providing land, sea, and air forces for United Nations 
efforts in the former Yugoslavia. 
(iii) The countries of western Europe are contribut-
ing substantially to the development of democracy, 
stability, and open market societies in eastern Europe 
and the former Soviet Union, 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the forward presence of United States military person-
nel stationed overseas continues to be important to United 
States security interests; 
(2) that forward presence facilitates efforts to pursue 
United States security interests on a collective basis rather 
than pursuing them on a far more costly unilateral basis or 
receding into isolationism; 
(3) the bilateral and multilateral arrangements and alli-
ances in which that forward presence plays a part must be 
further adapted to the security environment of the post-Cold 
War period; 
107 STAT. 1824 
PUBLIC LAW 103-160—NOV. 30, 1993 
(4) the cost-sharing percentages for the NATO Infrastruc-
ture Program should be reviewed with the aim of reflecting 
current economic, political, and military realities and thus 
reducing the United States cost-sharing percentage; and 
(5) the amoiuits obligated to conduct United States overseas 
basing activities should decline significantly in fiscal year 1994 
and in fixture fiscal years as— 
(A) the number of United States military personnel 
stationed overseas continues to decline; and 
(B) the countries in which United States military 
personnel are stationed and the alliances in which the 
United States participates assume an increased share of 
United States overseas basing costs. 
(c) REDUCING UNITED STATES OVERSEAS BASING COSTS.—(1) 
In order to achieve additional savings in overseas basing costs, 
the President should— 
(A) continue with the reductions in United States military 
presence overseas as required by sections 1302 and 1303 of 
the National Defense Authorization Act for Fiscal Year 1993; 
and 
(B) intensify efforts to negotiate a more favorable host-
nation agreement with each foreign country to which this para-
graph applies under paragraph (3)(A). 
(2) For purposes of paragraph (IXB), a more favorable host-
nation agreement is an agreement under which such foreign 
country— 
(A) assumes an increased share of the costs of United 
States military installations in that country, including the costs 
o
f
— 
(i) labor, utilities, and services; 
(ii) military construction projects and real property 
maintenance; 
(iii) leasing requirements associated with the United 
States military presence; and 
(iv) actions necessary to meet local environmental 
standards; 
(B) relieves the United States of all tax liability that, 
with respect to forces located in that country, is incurred by 
the Armed Forces of the United States under the laws of 
that country and the laws of the community where those forces 
are located; and 
(C) ensures that goods and services furnished in that coun-
try to the Armed Forces of the United States are provided 
at minimum cost and without imposition of user fees. 
(3XA) Except as provided in subparagraph (B), paragraph (1)(B) 
applies with respect to— 
(i) each country of the North Atlantic Treaty Organization 
(other than the United States); and 
(ii) each other foreign country with which the United States 
has a bilateral or multilateral defense agreement that provides 
for the assimment of combat units of the Armed Forces of 
the United States to permanent duty in that country or the 
placement of combat equipment of the United States in that 
country. 
(B) Paragraph (1) does not apply with respect to— 
(i) a foreign country that receives assistance under section 
23 of the Arms Export Control Act (22 U.S.C. 2763) (relating 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1825 
to the foreign military financing program) or under the provi-
sions of chapter 4 of part II of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2346 et seq.); or 
(ii) a foreign country that has agreed to assume, not later 
than September 30, 1996, at least 75 percent of the 
nonpersonnel costs of United States military installations in 
the country. 
(d) OBLIGATIONAL LIMITATION.—<1) The total amount appro-
priated to the Department of Defense for Military Personnel, for 
Operation and Maintenance, and for military construction (including 
construction and improvement of military family housing) that is 
obligated to conduct overseas basing activities during fiscal year 
1994 may not exceed $16,915,400,000 (such amount being the 
amount appropriated for such purposes for fiscal year 1993 reduced 
by $3,300,000,000), except to the extent provided by the Secretary 
of Defense imder paragraph (3). 
(2) For purposes of this subsection, the term "overseas basing 
activities" means the activities of the Department of Defense for 
which funds are provided through appropriations for Military 
Personnel, for Operation and Maintenance (including appropriations 
for family housing operations), and for military construction (includ-
ing construction and improvement of military family housing) for 
the payment of costs for Department of Defense overseas military 
units and the costs for all dependents who accompany Department 
of Defense personnel outside the United States. 
(3) The Secretary of Defense may increase the amount of the 
limitation under paragraph (1) by such amount or amounts as 
the Secretary determines to be necessary in the national interest, 
but not to exceed a total increase of $582,700,000. The Secretary 
may not increase the amount of such limitation under the preceding 
sentence imtil the Secretary provides notice to Congress of the 
Secretary's intent to authorize such an increase and a period of 
15 days elapses after the day on which such notice is provided. 
(e) ALLOCATIONS OF SAVINGS.—^Any amounts appropriated to 
the Department of Defense for fiscal year 1994 for the purposes 
covered by subsection (d)(1) that are not available to be used for 
those purposes by reason of the limitation in that subsection shall 
be allocated by the Secretary of Defense for operation and mainte-
nance and for military construction activities of the Department 
of Defense at military installations and facilities located inside 
the United States. 
SEC. 1402. BURDEN SHARING CONTRIBUTIONS FROM DESIGNATED 
COUNTRIES AND REGIONAL ORGANIZATIONS. 
(a) IN GENERAL.—Subchapter II of chapter 138 of title 10, 
United States Code, is amended by adding at the end a new section 
2350J consisting o
f
— 
(1) a heading as follows: 
^§2350j. Burden sharing contributions by designated coun-
tries and regional organizations'*; 
and 
(2) a text consisting of the text of section 1045 of the 
National Defense Authorization Act for Fiscal Years 1992 and 
1993 (Public Law 102-190; 105 Stat. 1465), revised— 
(A) in subsection (a)— 
107 STAT. 1826 
PUBLIC LAW 103-160—NOV. 30, 1993 
(i) by replacing "Diiring fiscal years 1992 and 1993, 
the Secretary" with "The SecretarjP*; 
(ii) by inserting *
*
, after consultation with the Sec-
retary of State," after "Secretary of Defense"; 
(iii) by deleting "from Japan, Kuwait, and the 
Republic of Korea"; and 
(iv) by inserting "from any country or regional 
organization designated for purposes of this section 
by the Secretary of Defense, in consultation with the 
Secretary of State"; and 
(B) in subsection (f)— 
(i) by replacing "each quarter of fiscal years 1992 
and 1993" with "each fiscal year"; 
(ii) by replacing "congressional defense commit-
tees" with "Congress ; 
(iii) by striking out "Japan, Kuwait, and the 
Republic of Korea" and inserting in lieu thereof "each 
country and regional organization from which contribu-
tions nave been accepted by the Secretary luider sub-
section (a)"; and 
(iv) by replacing "the preceding quarter" in para-
graphs (1) and (2) with "the preceding fiscal year", 
(b) CLERICAL AMENDMEhrr.—^The table of sections at the begin-
ning of subchapter II of such chapter is amended by adding at 
the end the following new item: 
"2350]. Burden sharing contributions by designated countries and regional organiza-
tions.". 
Subtitle B—North Atlantic Treaty 
Organization 
SEC. 1411. FINDINGS, SENSE OF CONGRESS, AND REPORT REQUIRE-
MENT 
CONCERNING 
NORTH 
ATLANTIC 
TREATY 
ORGANIZATION. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) The North Atlantic Treaty Organization (NATO) has 
successfully met the challenge of helping to maintain the peace, 
security, and freedom of the United States and its NATO allies 
for more than 40 years. 
(2) The national security interests of the United States 
have been well served by the process of consultation, coordina-
tion, and militaiy cooperation in the NATO framework. 
(3) Recent history has witnessed radical changes in the 
international security environment, including the fall of the 
Berlin Wall, the imification of Germany, the disbanding of 
the Warsaw Pact and the disintegration of the Soviet Union. 
(4) The military threats which NATO was established to 
deter have greatly diminished with the end of the Cold War. 
(5) The post-Cold War security situation continues to 
present a wide array of challenges to United States national 
interests, many of which interests the United States shares 
with its allies in Europe and Canada. 
(6) The international community may prove capable of 
deterring many threats to the common peace if it can respond 
decisively to aggression. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1827 
(7) The United States must share the responsibilities and 
the burdens of pursuing international security and stability 
with other nations. 
(8) Several of the newly democratic nations of Central 
and Eastern Europe and the former Soviet Union have 
expressed interest in seeking membership in NATO. 
(9) Many of the security challenges facing the post-Cold 
War world would be best handled through coherent multilateral 
responses. 
(10) The United States should never send its military forces 
into combat unless they are provided with the best opportunity 
to accomplish their objectives with as little risk as possible. 
(11) Military interventions against antagonistic armed 
forces cannot be conducted safely or effectively on a multilateral 
basis unless such operations are jointly planned in advance 
and are executed by imits which have trained together and 
are familiar with each others' operational procedures. 
(12) NATO is currently the only organization with the 
experience, trained staff, and infrastructure necessary to sup-
B
)rt military cooperation with the major military allies of the 
nited States. 
(13) The NATO allies already have volunteered to consider 
requests from the United Nations and the Conference on Secu-
rity and Cooperation in Europe for assistance in maintaining 
the peace. 
(14) Justification of the relevance of NATO in the post-
Cold War world will depend largely upon the alliance's ability 
to adapt its mission, area of responsibility, and procedures 
to the new security environment. 
(15) Justification of future United States support for the 
alliance and for a United States military presence in Europe 
will depend upon NATO's ability to address those security 
interests which the United States shares with its allies in 
Europe and Canada. 
(16) The meeting of the NATO heads of state scheduled 
for January 1994, presents an excellent opportunity for the 
President to articulate a new, broader security mission for 
the alliance in the post-Cold War world, one which will enable 
it to address a wider array of threats to its members' interests 
and which will help to share more effectively the burden of 
international security requirements. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) old threats to the security of the United States and 
its allies in the North Atlantic Treaty Organization having 
greatly diminished, and new, more diverse challenges having 
arisen (including ethno-religious conflict in Central and Eastern 
Europe and the former Soviet Union and the proliferation of 
weapons of mass destruction in regions proximate to alliance 
territonr), NATO's mission must be redefined so that it may 
respond to such challenges to its members' security even when 
those challenges emanate from beyond the geographic bound-
aries of its members' territories; 
(2) NATO should review its consultative mechanisms in 
order to maximize its ability to marshal political, diplomatic, 
social, and economic solidarity, buttressed by credible military 
capability, and to bring the full weight and scope of its coopera-
tive efforts to bear in addressing the new challenges; and 
107 STAT. 1828 
PUBLIC LAW 103-160—NOV. 30, 1993 
(3) future United States military involvement in, and con-
tributions to, NATO should be determined in relation to the 
alliance's success or failure in adapting itself to confronting 
the challenges of the post-Cold War world. 
President. 
(c) REPORT.—Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit a report to 
the Committee on Armed Services and the Committee on Foreign 
Relations of the Senate and the Committee on Armed Services 
£ind the Committee on Foreign Affairs of the House of Representa-
tives. The I'eport shall contain recommendations on the following: 
(1) The manner in which NATO can formulate and imple-
ment a strategy to address the new, more disparate threats 
to the security of its members. 
(2) The manner in which NATO should continue to adapt 
its consultative process, including efforts to extend that process 
to the new democracies of Central and Eastern Europe and 
the former Soviet Union, so as to enhance its political, diplo-
matic, social, economic, and military efforts to project stability 
eastward and maximize its capabilities in crisis prevention 
and crisis management. 
(3) The feasibility of having NATO conduct security oper-
ations beyond the geographic boundaries of the alliance. 
(4) The manner in which NATO should restructure its 
forces, training and equipment for the new security environ-
ment, including with regard to multinational peacekeeping 
activities. 
(5) The desirability of expanding the alliance to include 
traditionally neutral nations or the new democratic nations 
of Central and Eastern Europe and the former Soviet Union 
that wish to join NATO. 
(6) The propter size and composition of United States forces 
to be deployed in Europe to assist in the implementation of 
NATO's new mandate and possible reduction in United States 
military deployments in Europe in the event of the alliance's 
failure to adopt a new mandate. 
(7) The structure and organization of NATO headquarters, 
with particular attention to the need to reinvigorate the NATO 
Military Committee. 
(8) The extent to which NATO liaison teams should be 
assigned to the United Nations and the Conference on Security 
and Cooperation in Europe so as to facilitate better coordination 
among these organizations, especially in regard to crisis preven-
tion and crisis management. 
(9) The desirability of having additional NATO forces train 
in North America in a manner supportive of NATO's proposed 
new strategy. 
(10) The structure of NATO's military command, with 
particular attention to the need to make NATO's Rapid Reaction 
Force a credible deterrent to regional aggression. 
(11) The levels of United States, European, and Canadian 
defense budgets and their ability to finance forces consistent 
with the implementation of NATO's new mandate. 
SEC. 1412. MODIFICATION OF CERTAIN REPORT REQUIREMENTS. 
(a) BIENNIAL NATO REPORT.—Section 1002(d) of the Depart-
ment of Defense Authorization Act, 1985 (Public Law 98-525; 22 
U.S.C. 1928 note), is amended— 
S5 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1829 
(1) by striking out paragraph (2); 
(2) by striking out "(1) Not later than April 1, 1990, and 
biennially each year thereafter" and inserting in lieu thereof 
'^^ot later than April 1 of each even-numl^red year"; and 
(3) by redesignating subparagraphs (A) and (B) as para-
raphs (1) and (2). 
>
) R
E
P
O
R
T O
N ALUED CONTRIBUTIONS.—Section 1046(e) of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 105 Stat. 1467; 22 U.S.C. 1928 note) is 
amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end of paragraph 
(3) and inserting in lieu thereof "; and"; and 
(3) by addmg at the end the following new paragraph: 
"(4) specifying the incremental costs to the United States 
associated with the permanent stationing ashore of United 
States forces in foreign nations.". 
(c) FINDING AND SENSE OF CONGRESS.—(1) The Congress finds 
that tiie Secretary of Defense did not submit to Congress in a 
timely manner the report on allied contributions to the common 
defense required under section 1003(c) of the National Defense 
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928 note), 
to be submitted not later than April 1,1993. 
(2) It is the sense of Congress that the timely submission 
of such report to Congress each year is essential to the deliberation 
by Congress concerning the annual defense program. 
SEC. 1413. PERMANENT AUTHORITY TO CARRY OUT AWACS MEMO-
RANDA OF UNDERSTANDING. 
Section 2350e of title 10, United States Code, is amended 
by striking out subsection (d). 
Subtitle C—^Export of Defense Articles 
SEC. 1421. EXTENSION OF AUTHORITY FOR CERTAIN FOREIGN 
GOVERNMENTS TO RECEIVE EXCESS DEFENSE ARTICLES. 
Section 516(aX3) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j(aX3)) is amended by inserting "or fiscal year 1992" 
after "fiscal year 1991". 
SEC. 1422. REPORT ON EFFECT OF INCREASED USE OF DUAL-USE 
TECHNOLOGIES ON ABILITY TO CONTROL EXPORTS. 
(a) REPORT REQUIREMENT.—^Not later than six months aft»r 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report assessing what effect the 
increased use of dual-use and commercial technologies and items 
by the Department of Defense could have on the ability of the 
United States to control adequately the export of sensitive dual-
use and military technologies and items to nations to whom the 
receipt of such technologies is contrary to United States national 
security interests. 
(b) EFFECT ON DEFENSE PROGRAMS.—The report required by 
subsection (a) shall include— 
(1) an assessment of the national security implications 
of any lowering of licensing controls on the export of dual-
use items and technology, to include an assessment of the 
efiTect such lowering of controls could have on operational 
107 STAT. 1830 
PUBLIC LAW 103-160—NOV. 30, 1993 
United States defense programs and capabilities and planned 
United States defense programs and capabilities; 
(2) a description of the steps the Secretary of Defense 
intendjs to take to ensure that any decontrol of dual-use items 
and technology does not place at risk the technology and defense 
capability lead that the United States currently enjoys; and 
(3) a description of the steps the Department of Defense 
intends to take to mitigate any possible increase in the pro-
liferation threat resulting from decontrol of dual-use items and 
technology. 
(c) CONSULTATION.—^The report required by subsection (a) shall 
be prepared in consultation with the Director of Central Intel-
ligence. 
SEC. 1423. EXTENSION OF LANDMINE EXPORT MORATORIUM. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) Anti-personnel landmines, which are designed to maim 
and kill people, have been used indiscriminately in dramatically 
increasing numbers siround the world. Hundreds of thousands 
of noncombat£uit civilians, including children, have been the 
primary victims. Unlike other military weapons, landmines 
often remain implanted and undiscovered after conflict has 
ended, causing massive suffering to civilian populations. 
(2) Tens of millions of landmines have been strewn in 
at least 62 coimtries, often making whole areas uninhabitable. 
The Department of State estimates that there are more than 
10,000,000 landmines in Afghanistan, 9,000,000 in Angola, 
4,000,000 in Cambodia, 3,000,000 in Iraai Kurdisten, and 
2,000,000 each in Somalia, Mozambique, and the former Yugo-
slavia. Himdreds of thousands of landmines were used in con-
flicts in Central America in the 1980s. 
(3) Advanced technologies are being used to manufacture 
sophisticated mines which can be scattered remotely at a rate 
of 1,000 per hour. These mines, which are being produced 
by many industrialized coimtries, were found in Iraqi arsenals 
after the Persian Gulf War. 
(4) At least 300 types of anti-personnel landmines have 
been manufactured by at least 44 countries, including the 
United Stetes. However, the United Stetes is not a major 
exporter of landmines. During the 10 years from 1983 through 
1992, the United Stetes approved 10 licenses for the commercial 
export of anti-personnel landmines with a totel value of 
$980,000 and the sale under the Foreign Military Sales program 
of 108,852 anti-personnel landmines. 
(5) The United Stetes signed, but has not ratified, the 
1980 Convention on Prohibitions or Restrictions on the Use 
of Certein Conventional Weapons Which May Be Deemed To 
Be Excessively Injurious or To Have Indiscriminate Effects. 
Protocol II of the Convention, otherwise known as the Landmine 
Protocol, prohibite the indiscriminate use of landmines. 
(6) When it signed the 1980 Convention, the United Stetes 
steted: ' ^ e believe that the Convention represente a positive 
step forward in efforte to minimize injury or damage to the 
civiliem population in time of armed conflict. Our signature 
of the Convention reflecte the general willingness of the United 
Stetes to adopt practical and reasonable provisions concerning 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1831 
the conduct of military operations, for the purpose of protecting 
noncombatants.". 
(7) The United States also indicated that it had supported 
procedures to enforce compliance, which were omitted from 
the Convention's final draft. The United States stated: "Tiie 
United States strongly supported proposals by other countries 
during the Conference to include special procedures for dealing 
with compliance matters, and reserves the right to propose 
at a later date additional procedures and remedies, should 
this prove necessary, to deal with such problems.". 
(8) The lack of compliance procedures and other weaknesses 
have significantly underminea the effectiveness of the Land-
mine Protocol. Since it entered into force on December 2, 1983, 
the number of civilians maimed and killed by £uiti-personnel 
landmines has multiplied. 
(9) Since October 23, 1992, when a one-year moratorium 
on sales, transfers, and exports by the United States of anti-
personnel landmines was enacted into law (in section 1365 
of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 22 U.S.C. 2778 note)), the European 
Parliament has issued a resolution calling for a five year mora-
torium on sales, transfers, and exports of anti-personnel land-
mines and the Government of France has announced that it 
has ceased all sales, transfers, and exports of anti-personnel 
landmines. 
(10) On December 2, 1993, 10 years will have elapsed 
since the 1980 Convention entered into force, triggering the 
right of any party to request a United Nations conference 
to review the Convention. Amendments to the Landmine Proto- . 
col may be considered at that time. A formal request has 
been made to the United Nations Secretary General for a 
review conference. With necessary preparations and consulta-
tions among governments, a review conference is not expected 
to be convened before late 1994 or early 1995. 
(11) llie United States should continue to set an example 
for other coimtries in such negotiations by extending the mora-
torium on sales, transfers, and exports of anti-personnel land-
mines for an additional three years. A moratorium of that 
duration would extend the prohibition on the sale, transfer, 
and export of anti-personnel landmines a sufficient time to 
take into account the results of a United Nations review 
conference. 
(b) STATEMENT OF POUCY.— 
(1) It is the policy of the United States to seek verifiable 
international agreements prohibiting the sale, transfer or 
export, and further limiting the manufacture, possession and 
use, of anti-personnel landmines. 
(2) It is the sense of the Congress that— 
(A) the President should submit the 1980 Convention 
on Certain Conventional Weapons to the Senate for ratifica-
tion; and 
(B) the United States should— 
(i) participate in a United Nations conference to 
review uie Landmine Protocol; and 
(ii) actively seek to negotiate under United Nations 
auspices a modification of the Landmine Protocol, or 
another international agreement, to prohibit the sale, 
107 STAT. 1832 
PUBLIC LAW 103-160—NOV. 30, 1993 
transfer, or export of anti-personnel landmines and 
to further limit the manufacture, possession, and use 
of anti-personnel landmines. 
(c) THREE-YEAR EXTENSION OF LANDMINE MORATORIUM.—Sec-
tion 1365(c) of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 22 U.S.C. 2778 note) is amended 
by striking out "For a period of one year beginning on the date 
of the enactment of this Act" and inserting in lieu thereof "During 
the four^ear period beginning on October 23,1992". 
(d) DEFINITION.—For purposes of this section, the term "anti-
personnel landmine" means any of the following: 
(1) Any munition placed under, on, or near the ground 
or other smface area, or delivered by artillery, rocket, mortar, 
or similar means or dropped from an aircraft and which is 
designed to be detonated or exploded by the presence, proximity, 
or contact of a person. 
(2) Any device or material which is designed, constructed, 
or adapted to kill or injure and which functions unexpectedly 
when a person disturbs or approaches an apparently harmless 
object or performs an apparently safe act. 
(3) Any manually-emplaced mimition or device designed 
to kill, injure, or damage and which is actuated by remote 
control or automatically after a lapse of time. 
Subtitle D—Other Matters 
SEC. 1431. CODIFICATION OF PROVISION RELATING TO OVERSEAS 
WORKLOAD PROGRAM. 
(a) CODIFICATION.—(1) Chapter 138 of title 10, United States 
Code, is amended by inserting after section 2348 the following 
new section: 
''§2349. Overseas Workload Program 
Contracts. 
«(a) IN GENERAL.—A firm of any member nation of the North 
Atlantic Treaty Organization or of any major non-NATO ally shall 
be eligible to bid on any contract for the maintenance, repair, 
or overhaul of equipment of the Department of Defense located 
outside the United States to be awarded under competitive proce-
dures as part of the program of the Department of Defense known 
as the Overseas Workload Program. 
"(b) SITE OF PERFORMANCE.—^A contract awarded to a firm 
described in subsection (a) may be performed in the theater in 
which the equipment is normally located or in the country in 
which the firm is located. 
"(c) EXCEPTIONS.—^The Secretary of a military department may 
restrict the geographic region in which a contract referred to in 
subsection (a) may be performed if the Secretary determines that 
performance ofthe contract outside that specific region— 
"(1) could adversely affect the military preparedness of 
the armed forces; or 
"(2) would violate the terms of an international agreement 
to which the United States is a party. 
^ 
"(d) DEFINITION.—^In this section, the term 'major non-NATO 
ally* has the meaning given that term in section 2350a(i)(3) of 
this title.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1833 
(2) The table of sections at the beginning of subchapter I 
of such chapter is amended by inserting after the item relating 
to section 2348 the following new item: 
"2349. Overseas Workload Program.". 
(b) CONFORMING AMENDMENTS.—(1) Section 1465 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 104 Stat. 1700) is repealed. 
l
O use 2341 
(2) Section 9130 of the Department of Defense Appropriations ^°^' 
Act, 1993 (Public Law 102-396; 106 Stat. 1935), is amended— l
O use 2341 
(A) in subsection (b), by striking out ", or thereafter,"; ^°^^-
and 
(B) in subsection (d), by striking out "or thereafter" each 
place it appears. 
SEC. .432. AMERICAN DIPLOMATIC FACILITIES IN GERMANY. 
(a) LIMITATION ON SOURCE OF FUNDS FOR NEW UNITED STATES 
DIPLOMATIC FACIUTIES.—(1) As of January 1, 1995, the United 
States may not purchase, construct, lease, or otherwise occupy 
any facility as an embassy, chancery, or consular facility in Ger-
maniy unless that facility is purchased, constructed, modified, or 
leased with funds provided by the Government of Germany as 
an offset for the value of facilities returned by the United States 
Government to the Government of CJermany pursuant to Article 
52 of the Status-of-Forces Agreement with the Government of Ger-
many in effect on the date of the enactment of this Act. 
(2) The limitation in paragraph (1) does not apply with respect 
to any facility occupied as of January 1, 1995, by United States 
diplomatic personnel. 
(b) CERTIFICATION.—As of January 1, 1995, the Secretary of 
State (and any representative of the Secretary of State) may not 
enter into any legal instrument to purchase, construct, modify, 
or lease any facility described in subsection (a) until the Secretaiy 
of Defense certifies to the appropriate committees of Congress that 
the United States has received (or is scheduled to receive) cash 
payments or offsets-in-kind of a value not less than 50 percent 
of the value of the facilities returned by the United States Govern-
ment to the Government of (rermany pursuant to Article 52 of 
the Status-of-Forces Agreement with the Government of Germany 
in effect on the date of the enactment of this Act. 
(c) DEFINITION.—^For purposes of this section, the term "appro-
priate committees of Congress" means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representetives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
SEC. 1433. CONSENT OF CONGRESS TO SERVICE BY RETIRED MEM- 
10 USC 1058 
BERS IN MILITARY FORCES OF NEWLY DEMOCRATIC ^<>^ 
NATIONS. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) It is in the national security interest of the United 
Stetes topromote democracy throughout the world. 
(2) Tjie armed forces of newly democratic nations often 
lack the democratic traditions that are a hallmark of the Armed 
Forces of the United Stetes. 
107 STAT. 1834 
PUBLIC LAW 103-160—NOV. 30, 1993 
(3) The understanding of military roles and missions in 
a democracy is essential for the development and preservation 
of democratic forms of government. 
(4) The service of retired members of the Armed Forces 
of the United States in the armed forces of newly democratic 
nations could lead to a better understanding of military roles 
and missions in a democracy. 
(b) CONSENT OF CONGRESS.—(1) Chapter 53 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
^§1058. Military service of retired members with newly 
democratic nations: consent of Congress 
"(a) CONSENT OF CONGRESS.—Subject to subsection (b). Con-
gress consents to a retired member of the uniformed services— 
"(1) accepting emplo3rment by, or holding an ofidce or posi-
tion in, the military forces of a newly democratic nation; and 
"(2) accepting compensation associated with such employ-
ment, office, or position. 
"(b) APPROVAL REQUIRED.—^The consent provided in subsection 
(a) for a retired member of the uniformed services to accept employ-
ment or hold an office or position shall apply to a retired member 
only if the Secretary concerned and the Secretary of State jointly 
approve the emplojrment or the holding of such office or position. 
"(c) DETERMINATION OF NEWLY DEMOCRATIC NATIONS.—The 
Secretary concerned and the Secretary of State shall jointly deter-
mine whether a nation is a newly democratic nation for the purposes 
of this section. 
"(d) REPORTS TO CONGRESSIONAL COMMITTEES.—The Secretary 
concerned and the Secretary of State shall notifjr the Committee 
on Armed Services and the Committee on Foreign Relations of 
the Senate and the Committee on Armed Services and the Commit-
tee on Foreign Affairs of the House of Representatives of each 
approval imder subsection (b) and each determination under sub-
section (c). 
"(e) CONTINUED ENTITLEMENT TO RETIRED PAY AND BENEFITS.— 
The eligibility of a retired member to receive retired or retainer 
pay and other benefits arising from the retired member's status 
as a retired member of the uniformed services, and the eligibility 
of dependents of such retired member to receive benefits on the 
basis of such retired member's status as a retired member of the 
uniformed services, may not be terminated by reason of employment 
or holding of an ofiRce or position consented to in subsection (a). 
"(0 RETIRED MEMBER DEFINED.—In this section, the term 
'retired member' means a member or former member of the uni-
formed services who is entitled to receive retired or retainer pay. 
"(g) CIVIL EMPLOYMENT BY FOREIGN GOVERNMENTS.—For a 
provision of law providing the consent of dJongress to civil employ-
ij, : 
ment by foreign governments, see section 908 of title 37.". 
(2) The table of sections at the beginning of chapter 53 of 
such title is amended by adding at the end the following: 
"1058. Military service of retired members with newly democratic nations: consent 
of Congress.". 
(c) CONFORMING CROSS REFERENCE.—Section 908 of title 37, 
United States Code, is amended— 
(1) in subsection (a), by inserting "CONGRESSIONAL CON-
SENT.—" after "(a)"; 
^ 
. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1835 
(2) 
in 
subsection 
(b), 
by 
inserting 
"APPROVAL 
REQUIRED.—" after "(b)"; and 
(3) by adding at the end the following: 
"(c) MILITARY SERVICE IN FOREIGN ARMED FORCES.—For a 
provision of law providing the consent of Congress to service in 
the military forces of certain foreign nations, see section 1058 
of title 10.". 
(d) EFFECTIVE DATE.—Section 1058 of title 10, United States 
Code, as added by subsection (a), shall take effect as of January 
1,1993. 
SEC. 1434. SEMIANNUAL REPORT ON EFFORTS TO SEEK COMPENSA-
TION FROM GOVERNMENT OF PERU FOR DEATH AND 
WOUNDING OF CERTAIN UNITED STATES SERVICEMEN. 
(a) FINDINGS.—The Congress finds that— 
(1) the United States Government has not made adequate 
efforts to seek the pajnnent of compensation by the Government 
of Peru for the death and injuries to United States military 
personnel resulting from the attack by aircraft of the military 
forces of Peru on April 24, 1992, against a United States 
Air Force C-130 aircraft operating off the coast of Peru; and 
(2) in failing to make such efforts adequately, the United 
States Government has failed in its obligation to support the 
servicemen and their families involved in the incident and 
generally to support members of the Armed Forces carrying 
out missions on behalf of the United States. 
(b) SEMIANNUAL REPORT.—^Not later than December 1 and June 
1 of each year, the Secretary of Defense shall submit to the Commit-
tees on Armed Services and Foreign Affairs of the House of Rep-
resentatives and the Committees on Armed Services and Foreign 
Relations of the Senate a report on the efforts made by the Govern-
ment of the United States during the preceding six-month period 
to seek the payment of fair and equitable compensation by the 
Government of Peru (1) to the survivors of Master Sergeant Joseph 
Beard, Jr., United States Air Force, who was killed in the attack 
described in subsection (a), and (2) to the other crew members 
who were wounded in the attack and survived. 
(c) TERMINATION OF REPORT REQUIREMENT.—The requirement 
in subsection (b) shall terminate upon certification by the Secretary 
of Defense to Congress that the Government of Peru has paid 
fair and equitable compensation as described in subsection (b). 
10 u s e 1058 
note. 
Joseph 
Beard, Jr. 
TITLE 
XV—INTERNATIONAL 
KEEPING AND HUMANITARIAN AC-
TIVITIES 
P T A P T ? - 
NATO. 
MrihA^^Mii' 
United Nations. 
Subtitle A—Assistance Activities 
SEC. 1501. GENERAL AUTHORIZATION 
OF SUPPORT FOR INTER-
NATIONAL PEACEKEEPING ACTIYITIES. 
(a) AUTHORIZED SUPPORT FOR FISCAL YEAR 1994.—The Sec-
retaiy of Defense may provide assistance for international peace-
keeping activities during fiscal year 1994, in accordance with section 
403 of title 10, United States Code, in an amount not to exceed 
$300,000,000. Any assistance so provided may be derived from 
107 STAT. 1836 
PUBLIC LAW 103-160—NOV. 30, 1993 
funds appropriated to the Department of Defense for fiscal year 
1994 for operation and maintenance or (notwithstanding the second 
sentence of subsection (b) of that section) from balances in working 
capital funds. 
(b) ADDITIONAL LIMITATIONS.—Subsection (c) of section 403 of 
title 10, United States Code, is amended— 
(1) by striking out "RELATED T
O AVAILABILITY OP STATE 
DEPARTMENT FUNDS" in the subsection heading; 
(2) by striking out "and" at the end of paragraphs (1) 
and (2); 
(3) by striking out the period at the end of paragraph 
(3) and inserting in lieu thereof a semicolon; and 
(4) by adding at the end the following new paragraphs: 
"(4) only if the United States has received written commit-
ments that the United States will be fully and promptly 
reimbursed by the United Nations or the regional organization 
involved for outstanding obligations incurred through an 
arrangement designated under United Nations practices as a 
'letter of assist' or a similar arrangement for logistics support, 
supplies, services, and equipment provided by the Department 
of Defense on a contract basis to the United Nations or the 
regional organization involved; and 
"(5) only if the Department of Defense will receive any 
reimbursement to the United States from the United Nations 
or a regional organization for outstanding obligations incurred 
through an arrangement designated under United Nations prac-
tices as a 'letter of assist' or a similar arrangement for logistics 
support, supplies, services, and equipment provided by the 
Department of Defense on a contract basis to the United 
Nations or the regional organization involved, imless such 
reimbursement to the Department of Defense is otherwise pre-
cluded by law.". 
(c) EXTENSION OF AUTHORITY.—Subsection (h) of such section 
is amended by striking out "September 30, 1993" and inserting 
in lieu thereof "September 30,1994". 
SEC. 1502. REPORT ON MULTINATIONAL PEACEKEEPING AND PEACE 
ENFORCEMENT. 
President. 
(a) REPORT REQUIRED.—Not later than April 1, 1994, the Presi-
dent, after seeking the views of the Secretary of State and the 
Secretary of Defense, shall submit to the committees specified in 
subsection (c) a report on United States policy on mmtinational 
peacekeeping and peace enforcement. 
(b) CONTENT OF REPORT.—^The report shall contain a com-
prehensive analysis and discussion of the following matters: 
(1) Criteria for participation by the United States in multi-
national missions through the United Nations, the North 
Atlantic Treaty Organization, or other regional alliances and 
international organizations. 
(2) Proposals for expanding peacekeeping activities by the 
North Atlantic Treaty Organization and the North Atlantic 
Cooperation Coimcil, including multinational operations, multi-
national training, and multinational doctrine development. 
(3) Proposals for establishing regional entities, on an ad 
hoc basis or a permanent basis, to conduct peacekeeping or 
peace enforcement operations under a United Nations mandate 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1837 
as an alternative to direct United Nations involvement in such 
operations. 
(4) A summary of progress made bv the United States, 
in consultation with other nations, to develop doctrine for peace-
keeping and peace enforcement operations and plans to conduct 
exercises with other nations for such purposes. 
(5) Proposals for criteria for determining whether to com-
mence new peacekeeping missions, including, in the case of 
any such mission, criteria for determining the threat to inter-
national peace to be addressed by the mission, the precise 
objectives of the mission, the costs of the mission, and the 
proposed endpoint of the mission. 
(6) The principles, criteria, or considerations guiding deci-
sions to place United States forces under foreign command 
or to decline to put United States forces under foreign com-
mand. 
(7) Proposals to establish opportunities within the Armed 
Forces for voluntary assi^ment to duty in units designated 
for assignment to multinational peacekeeping and peace 
enforcement missions. 
(8) Proposals to modify the budgetary and financial policies 
of the United Nations for peacekeeping and peace enforcement 
missions, including— 
(A) proposals regarding the structure and control of 
budgetary procedures; 
(B) proposals regarding United Nations accoimting 
procedures; and 
(C) specific proposals— 
(i) to establish a revolving capital fund to finance 
the costs of starting new United Nations operations 
approved by the Security Council; 
(ii) to establish a requirement that United Nations 
member nations pay one-third of the anticipated first-
year costs of a new operation immediately upon Secu- 
\ 
rity Council approval of that operation; 
\ 
(iii) to establish a requirement that United Nations 
^ 
member nations be charged interest penalties on late 
payment of their assessments for peacekeeping or 
peace enforcement missions; 
(iv) regarding possible sources of international 
revenue for United Nations peacekeeping and peace 
enforcement missions; 
(v) regarding the need to lower the United States 
peacekeeping assessment to the same percentage as 
the United States assessment to the regular United 
Nations budget; and 
(vi) regarding a revision of the current schedule 
of pa3rmente per servicemember assigned to a peace-
keeping mission in order to bring payments more in 
line with costs. 
(9) Proposals to establish a small United Nations Rapid 
Deplo^ent Force imder the direction of the United Nations 
Security Council in order to provide for quick intervention 
in disputes for the purpose of preventing a larger outbreak 
of hostilities. 
(10) Proposals for reorganization of the United Nations 
Secretariat to provide improved management of peacekeeping 
107 STAT. 1838 
PUBLIC LAW 103-160—NOV. 30, 1993 
operations, including the establishment of a Department of 
Peace Operations (DPO) and the transfer of the Operations 
Division from Field Operations into such a department. 
(11) Requirement of congressional approval for participa-
tion of United States Armed Forces in multinational peacekeep-
ing and peace enforcement missions, including the applicability 
of the War Powers Resolution and the United Nations Participa-
tion Act. 
(12) Proposals that the United States and other United 
Nations member nations negotiate special agreements under 
article 43 of the United Nations Charter to provide for those 
states to make armed forces, assistance, and facilities available 
to the United Nations Security Council for the purposes stated 
in article 42 of that charter, not only on an ad hoc basis, 
but also on a permanent on-call basis for rapid deployment 
under Security Council authorization. 
(13) A proposal that member nations of the United Nations 
commit to keep equipment specified by the Secretary General 
of the United Nations available for immediate sale, loan, or 
donation to the United Nations when required. 
(14) A proposal that member nations of the United Nations 
ipiake airlift and sealift capacity available to the United Nations 
without charge or at lower than commercial rates. 
(15) An evaluation of the current capabilities and future 
needs of the United Nations for improved command, control, 
communications, and intelligence infrastructure, 
including 
facilities, equipment, procedures, training, and personnel, and 
an analysis of United States capabilities and experience in 
Such matters that could be applied or offered directly to the 
United Nations. 
(16) An evaluation of the potential role of the Military 
Staff Committee of the United Nations Security Council. 
(17) Training requirements for foreign military personnel 
designated to participate in peacekeeping operations, including 
an assessment of the nation, nations, or organizations that 
might best provide such training and at what cost. 
(18) Any other information that may be useful to inform 
Congress on matters relating to United States policy and 
proposals on peacekeeping and peace enforcement missions, 
(c) COMMITTEES TO RECEIVE REPORT.—The committees to which 
the report under this section are to be submitted are— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) me Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1503. MILITARY-TO-MILITARY CONTACT. 
(a) 
CONTINUATION OF CERTAIN MILITARY-TO-MILITARY PRO-
GRAMS.—Of the amounts authorized to be appropriated pursuant 
to section 301 for Defense-wide activities, $10,000,000 shall be 
made available to continue efforts that were initiated by the com-
mander of a United States unified command and approved by 
the chairman of the Joint Chiefs of Staff for military-to-military 
contacts and comparable activities that are designed to assist the 
military forces of other coimtries in imderstanding the appropriate 
role of military forces in a democratic society. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1839 
(b) LIMITATION.—Subsection (a) applies only to activities initi-
ated bv September 30, 1993, and only in the case of countries 
with which those activities had been initiated by that date. 
SEC. 1504. HUMANITARIAN AND CIVIC ASSISTANCE. 
10 USC 401 
(a) REGULATIONS.—^The relations required to be prescribed 
under section 401 of title 10, United States (Jode, shall be prescribed 
not later than March 1, 1994. In prescribing such regulations, 
the Secretary of Defense shall consult with the Secretary of State. 
(b) LIMITATION ON USE OF FUNDS.—Section 401(cX2) of title 
10, United States Code, is amended by inserting before the period 
the following: ", except that funds appropriated to the Department 
of Defense for operation and maintenance (other than funds appro-
priated pursuant to such paragraph) may be obligated for humani-
tarian and civic assistance imder this section only for incidental 
costs of carrying out such assistance". 
(c) NOTIFICATIONS REGARDING HUMANITARIAN RELIEF.—Any 
notification provided to the appropriate congressional committees 
with respect to assistance activities under section 2551 of title 
10, United States Code, shall include a detailed description of 
any items for which transportation is provided that are excess 
nonlethal supplies of the Department of Defense, including the 
quantity, acquisition v£due, and value at the time of the transpor-
tation of such items. 
(d) REPORT ON HUMANITARIAN ASSISTANCE ACTIVITIES.—<1) The 
Secretary of Defense shall submit to the appropriate congressional 
committees a report on the activities planned to be carried out 
by the Department of Defense during fiscal year 1995 imder sections 
401, 402, 2547, and 2551 of title 10, United States Code. The 
report shall include information, developed after consultation with 
the Secretary of State, on the distribution of excess nonlethal sup-
plies transferred to the Secretaiy of State during fiscal year 1993 
pursuant to section 2547 of that title. 
(2) The report shall be submitted at the same time that the 
President submits the budget for fiscal year 1995 to Congress 
pursuant to section 1105 of title 31, United States Code. 
(e) AUTHORIZATION OF APPROPRLATIONS.-The funds authorized 
to be appropriated by section 301(18) shall be available to carry 
out humanitarian and civic assistance activities under sections 401, 
402, and 2551 of title 10, United States Code. 
(0 APPROPRLVTE CONGRESSIONAL COMMITTEES.—In this section, 
the term "appropriate congressional committees" means— 
(1) the Committee on Appropriations, the Committee on 
Armed Services, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Appropriations, the Committee on 
Armed Services, and the Committee on Foreign Relations of 
the Senate. 
Subtitle B—^Policies Regarding Specific 
Countries 
SEC. ISll. SANCTIONS AGAINST SERBIA AND MONTENEGRO. 
50 USC 1701 
(a) 
CODIFICATION OF EXECUTIVE BRANCH SANCTIONS.—The 
^°^ 
sanctions imposed on Serbia and Montenegro, as in effect on the 
date of the enactment of this Act, that were imposed by or pursuant 
107 STAT. 1840 
PUBLIC LAW 103-160—NOV. 30, 1993 
to the following directives of the executive branch shall (except 
as provided under subsections (d) and (e)) remain in effect until 
changed by law: 
(1) Executive Order 12808 of May 30, 1992, as continued 
in effect on May 25,1993. 
(2) Executive Order 12810 of 
June 5,1992. 
(3) Executive Order 12831 of 
January 15,1993. 
(4) Executive Order 12846 of April 25,1993. 
(5) Department of State Public Notice 1427, effective July 
11.1991. 
(6) Proclamation 6389 of December 5, 1991 (56 Fed. Reg-
ister 64467). 
(7) Department of Transportation Order 92-5-38 of May 
20.1992. 
(8) Federal Aviation Administration action of June 19, 1992 
(14 C.F.R. Part 91). 
(b) PROHIBITION ON ASSISTANCE.—NO funds appropriated or 
otherwise made avsdlable by law may be obligated or expended 
on behalf of the government of Serbia or the government of 
Montenegro. 
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of 
the Treasury shall instruct the United States executive director 
of each international financial institution to use the voice and 
vote of the United States to oppose any assistance from that institu-
tion to the government of Serbia or the government of Montenegro, 
except for basic himian needs. 
(d) EXCEPTION.—^Notwithstanding any other provision of law, 
the President is authorized and encouraged to exempt from sanc-
tions imposed against Serbia and Montenegro that are described 
in subsection (a) those United States-supported programs, projects, 
or activities that involve reform of the electoral process, the develop-
ment of democratic institutions or democratic political parties, or 
humanitarian assistance (including refugee care and human rights 
observation). 
(e) WAIVER AUTHORITY.—(1) The President may waive or modify 
the application, in whole or in part, of any sanction described 
in subsection (a), the prohibition m subsection (b), or the require-
ment in subsection (c). 
(2) Such a waiver or modification may only be effective upon 
certification by the President to Congress that the President nas 
determined that the waiver or modification is necessary (A) to 
meet emergency humanitarian needs, or (B) to achieve a negotiated 
settlement of the conflict in Bosnia-Herzegovina that is acceptable 
to the parties. 
50 use 1541 
SEC. 1512. INVOLVEMENT OF ARMED FORCES IN SOMALIA. 
"°^ 
(a) SENSE OF CONGRESS REGARDING UNITED STATES POUCY 
TOWARD SOMALIA.— 
(1) Since United States Armed Forces made significant 
contributions under Operation Restore Hope towards the 
estabUshment of a secure environment for humanitarian relief 
operations and restoration of peace in the region to end the 
humanitarian disaster that had claimed more than 300,000 
lives. 
(2) Since the mission of United States forces in support 
of the United Nations appears to be evolving fi'om the establish-
ment of "a seciire environment for humanitarian relief oper-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1841 
ations," as set out in United Nations Security Council Resolu-
tion 794 of December 3, 1992, to one of internal security and 
nation building, 
(b) STATEMENT OF CONGRESSIONAL POLICY.— 
(1) CONSULTATION WITH THE CONGRESS.—The President 
should consult closely with the Congress regarding United 
States policy with respect to Somalia, including in particular 
the deployment of United States Armed Forces in that coimtry, 
whether under United Nations or United States command. 
(2) PLANNING.—The United States shall facilitate the 
assumption of the functions of United States forces by the 
United Nations. 
(3) REPORTING REQUIREMENT.— 
(A) The President shall ensure that the goals and President. 
objectives supporting deployment of United States forces 
to Somalia and a description of the mission, command 
arrangements, size, functions, location, and anticipated 
duration in Somalia of those forces are clearly articulated 
and provided in a detailed report to the Congress by Octo-
ber 15,1993. 
(B) Such report shall include the status of planning 
to transfer the function contained in paragraph (2). 
(4) CONGRESSIONAL APPROVAL.—Upon reporting imder the 
reqwrements of paragraph (3) Congress believes the President 
should by November 15, 1993, seek and receive congressional 
authorization in order for the deplo3maent of United States 
forces to Somalia to continue. 
TITLE XVI—ARMS CONTROL MATTERS 
Subtitle A—Programs in Support of the 
Prevention and Control of Proliferation 
of Weapons of Mass Destruction 
SEC. 1601. STUDY OF GLOBAL PROUFERATION OF STRATEGIC AND 
ADVANCED CONVENTIONAL MILITARY WEAPONS AND 
RELATED EQUIPMENT AND TECHNOLOGY. 
(a) STUDY.—^The President shall conduct a study of (1) the 
factors that contribute to the proliferation of strategic and advanced 
conventional military weapons and related equipment and tech-
nologies, and (2) the poli(^ options that are available to the United 
States to inhibit such proliferation. 
(b) CONDUCT OF STUDY.—In carrying out the study the Presi-
dent shall do the following: 
(1) Identifyr those factors contributing to global weapons 
proliferation wnich can be most effectively regulated. 
(2) Identify and assess policy approaches available to the 
United States to discourage the transfer of strategic and 
advanced conventional military weapons and related equipment 
and technology. 
(3) Assess the efiTectiveness of current multilateral efforts 
to control the transfer of such military weapons and equipment 
and such technology. 
(4) Identify and examine methods by which the United 
States could reinforce these multilateral efforts to discourage 
President. 
107 STAT. 1842 
PUBLIC LAW 103-160—NOV. 30, 1993 
Establishment. 
Termination 
date. 
the transfer of such weapons and equipment and such tech-
nology, including placing conditions on assistance provided by 
the United States to other nations. 
(5) Identify the circumstances under which United States 
national security interests might best be served by a transfer 
of conventional military weapons and related equipment and 
technology, and specifically assess whether such circumstances 
exist when such a transfer is made to an allied country which, 
Mdth the United States, has mutual national security interests 
to be served by such a transfer. 
(6) Assess the effect on the United States economy and 
the national technology and industrial base (as defined by 
section 2491(1) of title 10, United States Code) which might 
result from potential changes in United States policy controlling 
the transfer of such military weapons and related equipment 
and technology. 
(c) ADVISORY BOARD.—(1) Within 15 days after the date of 
the enactment of this Act, the President shall establish an Advisory 
Board on Arms Proliferation Policy. The advisory board shall be 
composed of 5 members. The President shall appoint the members 
from among persons in private life who are noted for their stature 
and expertise in matters covered by the study required under 
subsection (a) and shall ensure, in making the appointments, that 
the advisory board is composed of members from diverse back-
grounds. The President shall designate one of the members as 
chairman of the advisory board. 
(2) The President is encouraged— 
(A) to obtain the advice of the advisory board regarding 
the matters studied pursuant to subsection (a) and to consider 
that advice in carrying out the study; and 
(B) to ensure that the advisory board is informed in a 
timely manner and on a continuing basis of the results of 
policy reviews carried out under the study by persons outside 
the board. 
(3) The members of the advisory board shall receive no pay 
for serving on the advisory board. However, the members shall 
be allowed travel expenses and per diem in accordance with the 
regulations referred to in paragraph (6). 
(4) Upon request of the chairman of the advisory board, the 
Secretary of Defense or the head of any other Federal department 
or agency may detail, without reimbursement for costs, any of 
the personnel of the department or agency to the advisory board 
to assist the board in earning out its duties. 
(5) The Secretary of Defense shall designate a federally funded 
research and development center with expertise in the matters 
covered by the study required under subsection (a) to provide the 
advisory board with such support services as the advisory board 
may need to carry out its duties. 
(6) Except as otherwise provided in this section, the provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.), and the 
regulations prescribed by the Administrator of General Services 
pursuant to that Act, shall applv to the advisory board. Subsections 
(e) and (f) of section 10 of such Act do not apply to the advisory 
board. 
(7) The advisory board shall terminate 30 days after the date 
on which the President submits the final report of the advisory 
board to Congress pursuant to subsection (d)(2)(B). 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1843 
(d) REPORTS.—(1) The Advisory Board on Arms Proliferation 
Policy shall submit to the President, not later than May 15, 1994, 
a report containing its findings, conclusions, and recommendations 
on tne matters covered by the study carried out pursuant to sub-
section (a). 
(2) The President shall submit to Congress, not later than 
June 1,1994— 
(A) a report on the study carried out pursuant to subsection 
(a), including the President's findings and conclusions regarding 
the matters considered in the study; and 
(B) the report of the Advisory Board on Arms Proliferation 
Policy received under paragraph (1), together with the com-
ments, if any, of the President on that report. 
SEC. 1602. EXTENSION OF EXISTING AUTHORITIES. 
(a) EXTENSION TO FISCAL YEAR 1994.—Section 1505 of the 
National Defense Authorization Act for Fiscal Year 1993 (22 U.S.C. 
5859a) is amended by striking out "fiscal vear 1993" in subsections 
(a), (dXD, and (e) and inserting in lieu tnereof "fiscal year 1994". 
(b) FUNDING.—Subsection (d)(3) of such section is amended— 
(1) by striking out "40,000,000" and inserting in lieu thereof 
"$25,000,000, including fimds used for activities of the On-
Site Inspection Agency in support of the United Nations Special 
Commission on Iraq"; and 
(2) by striking out the second sentence. 
(c) REPEAL OF NOTICE-AND-WAIT REQUIREMENT.—Subsection (d) 
of such section is further amended by striking out paragraph (4). 
SEC. 1603. STUDIES 
RELATING 
TO 
UNITED 
STATES 
COUNTERPROUFERATION POLICY. 
(a) AUTHORIZATION TO CONDUCT STUDIES.—During fiscal vear 
1994, the Secretary of Defense may conduct studies and analysis 
programs in support of the counterproliferation policy of the United 
States. 
(b) COUNTERPROLIFERATION STUDIES.—Studies and analysis 
programs imder this section may include programs intended to 
explore defense policy issues that might be involved in efforts 
to prevent and counter the proliferation of weapons of mass destruc-
tion and their delivery systems. Such efibrts include— 
(1) enhancing United States military capabilities to deter 
and respond to terrorism, theft, and proliferation involving 
weapons of mass destruction; 
(2) cooperating in international programs to enhance mili-
tary capabilities to deter and respond to terrorism, theft, and 
proliferation involving weapons of mass destruction; and 
(3) otherwise contributing to Department of Defense 
capabilities to deter, identify, monitor, and respond to such 
terrorism, theft, and proliferation involving weapons of mass 
destruction. 
(c) DESIGNATION OF COORDINATOR.—The Under Secretary of 
Defense for Policy, subject to the supervision and control of the 
Secretary of Defense, shall coordinate the policy studies and analy-
sis of the Department of Defense on countering proliferation of 
weapons of mass destruction and their delivery systems. 
(d) FUNDS.—Funds for programs authorized in this section shall 
be derived from amounts made available to the Department of 
Defense for fiscal year 1994 or from balances in working capital 
accounts of the Department of Defense. The total amount expended 
107 STAT. 1844 
PUBLIC LAW 103-160—NOV. 30, 1993 
for fiscal year 1994 to carry out studies and analysis programs 
under subsection (a) may not exceed $6,000,000. 
(e) RESTRlcmON.—^None of the funds referred to in subsection 
(d) shall be available for the purposes stated in this section until 
15 days after the date on which the Secretary of Defense submits 
to the appropriate con^n^ssional committees a report setting forth— 
(1) a description of all of the activities within the Depart-
ment of Defense that are being carried out or are to be carried 
out for the purposes stated in this section; 
(2) the plan for coordinating and integrating those activities 
within the Department of Defense; 
(3) the plan for coordinating and integrating those activities 
with those of other Federal agencies; and 
(4) the sources of the funds to be used for such purposes. 
(f) REPORT.—^Not later than April 30 of each year, and not 
later than October 30 of each year, the Secretary of Defense shall 
submit to the appropriate congressional committees a report on 
the activities carried out imder subsection (a). Each report shall 
set forth for the six-month period ending on the last day of the 
month preceding the month in which the report is due the following: 
(1) A description of the studies and analysis carried out. 
(2) The amounts spent for such studies and analysis. 
(3) The organizations that conducted the studies and analy-
sis. 
(4) An explanation of the extent to which such studies 
and analysis contributes to the counterproliferation policy of 
the United States and United States military capabilities to 
deter and respond to terrorism, theft, and proliferation involv-
ing weapons of mass destruction. 
(5) A description of the measures being taken to ensure 
that such studies and analysis within the Department of 
Defense is managed effectively and coordinated comprehen-
sively. 
SEC. 1604. SENSE OF CONGRESS REGARDING UNITED STATES 
CAPABIUTIES TO PREVENT AND COUNTER WEAPONS 
PROLIFERATION. 
It is the sense of Congress that— 
(1) the United States should have the ability to counter 
effectively potential threats to United States interests that 
arise from tne proliferation of such weapons; 
(2) the Department of Defense, the Department of State, 
the Department of Energy, the Arms Control and Disarmament 
Agency, and the intelligence community have important roles, 
as well as unique capabilities and expertise, in preventing 
the proliferation of weapons of mass destruction and dealing 
with the consequences of any proliferation of such weapons, 
including capabilities and expertise regarding— 
(A) detection and monitoring of proliferation of weap-
ons of mass destruction; 
(B) development of effective export control regimes; 
(C) interdiction and destruction of weapons of mass 
destruction and related weapons material; and 
(D) canying out international monitoring and inspec-
tion regimes that relate to proliferation of such weapons 
and material; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1845 
(3) the Department of Defense, the Department of Energy, 
and the inteUigence community have unique capabilities and 
expertise that contribute directly to the ability of the United 
States to implement United States policy to counter effectively 
the threats that arise from the proliferation of weapons of 
mass 
destruction, 
including 
capabilities 
and 
expertise 
reg£u*ding— 
(A) responses to terrorism, theft, or accidents involving 
weapons of mass destruction; 
(B) conduct of intrusive international inspections for 
verification of arms control treaties; 
(C) direct and discrete coimterproliferation actions that 
require use of force; and 
(D) development and deployment of active military 
countermeasures and protective measures against threats 
resulting from arms proliferation, including defenses 
against ballistic missile attacks; and 
(4) the United States should continue to maintain and 
improve its capabilities to identify, monitor, and respond to 
the proliferation of weapons of mass destruction and delivery 
systems for such weapons. 
SEC. 160S. JOINT COMMITTEE FOR REVIEW OF PROLIFERATION PRO-
GRAMS OF THE UNITED STATES. 
(a) ESTABLISHMENT.—(1) There is hereby established a Non-
Proliferation Program Review Committee composed of the following 
members: 
(A) The Secretary of Defense. 
(B) The Secretary of State. 
(C) The Secretary of Energy. 
(D) The Director of Central Intelligence. 
(E) The Director of the United States Arms Control and 
Disarmament Agency. 
(F) The Chairman of the Joint Chiefs of Staff. 
(2) The Secretary of Defense shall chair the committee. 
(3) A member of the committee may designate a representative 
to periform routinely the duties of the member. A representative 
shsdl be in a position of Deputy Assistant Secretary or a position 
equivalent to or above the level of Deputy Assistant Secretary. 
A representative of the Chairman of the Joint Chiefs of Staff shcdl 
be a person in a grade equivalent to that of Deputy Assistant 
Secretary of Defense. 
(4) The Secretary of Defense may delegate to the Under Sec-
retary of Defense for Acquisition and Technology the performance 
of the duties of the Chairman of the committee. 
(5) The members of the committee shall first meet not later 
than 30 days after the date of the enactment of this Act. Upon 
designation of working level officials and representatives, the mem-
bers of the committee shall jointly notify the appropriate committees 
of Congress that the committee has been constituted. The notifica-
tion shall identify the representatives designated pursuant to para-
graph (3) and the working level officials of the committee. 
(b) PURPOSES OF THE COMMITTEE.—^The purposes of the commit-
tee are as follows: 
(1) To optimize funding for, and ensure the development 
and deployment of— 
107 STAT. 1846 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) highly effective technologies and capabilities for 
the detection, monitoring, collection, processing, analysis, 
and dissemination of information in support of United 
States nonproliferation policy; and 
(B) disabling technologies in support of such policy. 
(2) To identify and eliminate undesirable redimdancies or 
uncoordinated efforts in the development and deployment of 
such technologies and capabilities. 
(c) DUTIES.—^The committee shall— 
(1) identify and review existing and proposed capabilities 
(including counterproliferation capabilities) and technologies for 
support of United States nonproliferation policy with regard 
to— 
(A) intelligence; 
(B) battlefield siureillance; 
(C) passive defenses; 
(D) active defenses; 
(E) counterforce capabilities; 
(F) inspection support; and 
(G) support of export control programs; 
(2) as part of the review pursuant to paragraph (1), review 
all directed ener^ and laser programs for detecting, character-
izing, or interdicting weapons of mass destruction, their delivery 
platforms, or other orbiting platforms with a view to the elimi-
nation of redundancy and the optimization of funding for the 
systems not eliminated; 
(3) review the programs (including the crisis management 
program) developed by the Department of State to coimter 
terrorism involving weapons of mass destruction and their 
delivery systems; 
(4) prescribe requirements and priorities for the develop-
ment and deplojnnent of highly effective capabilities and tech-
nologies to support fully the nonproliferation policy of the 
United States; 
(5) identify deficiencies in existing capabilities and tech-
nologies; 
(6) formulate near-term, mid-term, and long-term pro-
grammatic options for meeting requirements established by 
the committee and eliminating deficiencies identified by the 
committee; and 
(7) in canying out the other duties of the committee, ensure 
that all types of counterproliferation actions are considered. 
(d) ACCESS TO INFORMATION.—^The committee shall have access 
to information on all programs, projects, and activities of the 
Department of Defense, the Department of State, the Department 
of Energy, the intelligence commimity, and the Arms Control and 
Disarmament Agency that are pertinent to the purposes and duties 
of the committee. 
(e) BUDGET RECOMMENDATIONS.—The committee may submit 
to the officials referred to in subsection (a) any recommendation 
regarding existing or planned budgets as the committee considers 
appropriate to encourage funding for capabilities and technologies 
at the level necessary to support United States nonproliferation 
policv. 
(f) TERMINATION OF COMMITTEE.—The committee shall cease 
to exist six months after the date on which the report of the 
Secretary of Defense under section 1606 is submitted to Congress. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1847 
SEC. 1606. REPORT ON NONPROUFERATION AND COUNTERPRO-
LIFERATION ACTIVITIES AND PROGRAMS. 
(a) REPORT REQUIRED.—Not later than May 1, 1994, the Sec-
retary of Defense shall submit to Congress a report on the findings 
of the committee on nonproliferation activities established by section 
1605. 
(b) CONTENT OF REPORT.—^The report shall include the following 
matters: 
(1) A complete list, by program, of the existing, planned, 
and proposed capabilities and technologies reviewed by the 
committee, including all directed energy and laser programs 
reviewed pursuant to section 1605(cX2). 
(2) A complete description of the requirements and prior-
ities established by the committee. 
(3) A comprehensive discussion of the near-term, mid-term, 
and long-term programmatic options formulated by the commit-
tee for meeting requirements prescribed by the committee and 
eliminating deficiencies identified by the committee, including 
the annual funding requirements and completion dates estab-
lished for each such option. 
(4) An explanation of the recommendations made pursuant 
to section 1605(e) and a full discussion of the actions taken 
on such recommendations, including the actions taken to imple-
ment the recommendations. 
(5) A discussion of the existing and planned capabilities 
of the Department of Defense— 
(A) to detect and monitor clandestine programs for 
the acquisition or production of weapons of mass destruc-
tion; 
(B) to respond to terrorism or accidents involving such 
weapons and thefts of materials related to any weapon 
of mass destruction; and 
(C) to assist in the interdiction and destruction of 
weapons of mass destruction, related weapons materials, 
and advanced conventional weapons. 
(6) A description of— 
(A) the extent to which the Secretary of Defense has 
incorporated nonproliferation and coimterproliferation mis-
sions into the overall missions of the unified combatant 
commands; and 
(B) how the special operations command established 
pursuant to section 167(a) of title 10, United States Code, 
might support the commanders of the other unified combat-
ant commands and the commanders of the specified combat-
ant commands in the performance of such overall missions. 
(c) FORMS OF REPORT.—The report shall be submitted in both 
imclassified and classified forms, as appropriate. 
SEC. 1607. DEFINITIONS. 
For purposes of this subtitle: 
(1) The term "appropriate congressional 
committees" 
means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, the Committee on Foreign Relations, 
and the Select Committee on Intelligence of the Senate; 
and 
107 STAT. 1848 
PUBLIC LAW 103-160—NOV. 30, 1993 
(B) the Committee on Armed Services, the Committee 
on Appropriations, the Committee on Foreign Affairs, and 
the Permanent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term "intelligence commimity" has the meaning 
given such term in section 3 of the National Security Act 
ofl947(50U.S.C.401a). 
Subtitle B—^Intemational Nonproliferation 
Activities 
SEC. 1611. NUCLEAR NONPROLIFERATION. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The United States has been seeking to contain the 
spread of nuclear weapons technology and materials. 
(2) With the end of the Cold War and the breakup of 
the Soviet Union, the proliferation of nuclear weapons is now 
a leading military threat to the national security of the United 
States and its allies. 
(3) The United Nations Security Council declared on Janu-
ary 31, 1992, that "proliferation of all weapons of mass destruc-
tion constitutes a threat to international peace and security^ 
and committed to taking appropriate action to prevent prolifera-
tion from occurring. 
(4) Aside from the five declared nuclear weapon states, 
a number of other nations have or are pursuing nuclear weap-
ons capabilities. 
(5) The IAEA is a valuable international institution to 
counter proliferation, but the efiTectiveness of its system to 
safegu£U'd nuclear materials may be adversely affected by finan-
cial constraints. 
(6) The Nuclear Non-Proliferation Treaty codifies world 
consensus against further nuclear proliferation and is scheduled 
for review and extension in 1995. 
(7) The Nuclear Nonproliferation Act of 1978 declared that 
the United States is committed to continued strong support 
for the Nuclear Non-Proliferation Treaty and to a strengthened 
and more effective IAEA, and established that it is United 
States policy to establish more effective controls over the trans-
fer of nuclear equipment, materials, and technology. 
(b) COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.—In 
order to end nuclear proliferation and reduce current nuclear 
arsenals and supplies of weapons-usable nuclear materials, it should 
be the policy oi the United States to pursue a comprehensive 
poUcy to end the further spread of nuclear weapons capability, 
roll back nuclear proliferation where it has occurred, and prevent 
the use of nuclear weapons anywhere in the world, with the follow-
ing additional objectives: 
(1) Successful conclusion of all pending nuclear arms con-
trol and disarmament agreements with all the republics of 
the former Soviet Union and their secure implementation. 
(2) Full participation by all the republics of the former 
Soviet Union in all multilateral nuclear nonproliferation efforts 
and acceptance of IAEA safeguards on all their nuclear facili-
ties. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1849 
(3) Strengthening of United States and international sup-
port to the IAEA so that the IAEA has the technical, financial, 
and political resources to verify that countries are complying 
with their nonproliferation commitments. 
(4) Strengthening of nuclear export controls in the United 
States and other nuclear supplier nations, impose sanctions 
on individuals, companies, ana countries which contribute to 
nuclear proliferation, and provide increased public information 
on nuclear export licenses approved in the United States. 
(5) Reduction in incentives for countries to pursue the 
acquisition of nuclear weapons by seeking to reduce regional 
tensions and to strengthen regional security agreements, and 
encourage the United Nations Security Covincil to increase its 
role in enforcing international nuclear nonproliferation agree-
ments. 
(6) Support for the indefinite extension of the Nuclear 
Non-Proliferation Treaty at the 1995 conference to review and 
extend that treaty and seek to ensure that all countries sign 
the treaty or participate in a comparable international regime 
for monitoring and safeguarding nuclear facilities and mate-
rials. 
(7) Reaching agreement with the Russian Federation to 
end the production of new types of nuclear warheads. 
(8) Pursuing, once the START I treaty and the START 
II treaty are ratified by all parties, a multilateral agreement 
to significantly reduce the strategic nuclear arsenals of the 
United States and the Russian Federation to below the levels 
of the START II treaty, with lower levels for the United King-
dom, France, and the People's Republic of China. 
(9) Reaching immediate agreement with the Russian Fed-
eration to halt permanently the production of fissile material 
for weapons purposes, and working to achieve worldwide agree-
ments to— 
(A) end in the shortest possible time the production 
of weapons-usable fissile material; 
(B) place existing stockpiles of such materials under 
bilateral or international controls; and 
(C) require coimtries to place all of their nuclear facili-
ties dedicated to peaceful purposes imder IAEA safeguards. 
(10) Strengthening IAEA s£ifeguards to more efTectively 
verify that countries are compl}dng with their nonproliferation 
commitments and provide the IAEA with the political, technical, 
and financial support necessary to implement the necessary 
safeguard reforms. 
(11) Conclusion of a multilateral comprehensive nuclear 
test ban treaty. 
(c) REQUIREMENTS FOR IMPLEMENTATION OF POLICY.—(1) Not President. 
later than 180 days after the date of the enactment of this Act, Reports. 
the President shall submit to the Congress a report, in unclassified 
form, with a classified appendix if necessary, on the actions the 
United States has taken and the actions the United States plans 
to take during the succeeding 12-month period to implement each 
of the policy objectives set forth in this section. 
(2) Not later than 180 davs after the date of the enactment 
of this Act, the President shall submit to the Congress a report 
in unclassified form, with a classified appendix if necessary, which— 
69-194 O - 94 - 29 : QL. 3 Part 2 
107 STAT. 1850 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) addresses the implications of the adoption by the United 
States of a poUcy of no-first-iise of nuclear weapons; 
(B) addresses the implications of an agreement with the 
other nuclear weapons states to adopt such a policy; and 
(C) addresses the implications of a verifiable bilateral 
agreement with the Russian Federation imder which both coun-
tries withdraw from their arsenals and dismantle all tactical 
nuclear weapons, and seek to extend to all nuclear weapons 
states this zero option for tactical nuclear weapons. 
(d) DEFINITIONS.—^For purposes of this section: 
(1) The term "IAEA" means the International Atomic 
Energy Agency. 
(2) llie term "IAEA safeguards" means the safeguards 
set forth in an agreement between a coimtry and the IAEA, 
as authorized by Article III(AX5) of the Statute of the Inter-
national Atomic Energy Agency. 
(3) The term "non-nuclear weapon state" means any coun-
try that is not a nuclear weapon state. 
(4) The term "Nuclear Non-Proliferation Treaty" means 
the Treaty on the Non-Proliferation of Nuclear Weapons, signed 
at Washington, London, and Moscow on July 1,1968. 
(5) The term "nuclear weapon state" means any coimtry 
that is a nuclear-weapon state, as defined by Article IX(3) 
of the Treaty on the Non-Proliferation of Nuclear Weapons, 
signed at Washington, London, and Moscow on Julv 1, 1968. 
(6) The term "weapons-usable fissile materials" means 
highly enriched uranium and separated or reprocessed pluto-
nium. 
(7) The term "policy of no first use of nuclear weapons" 
means a commitment not to initiate the use of nuclear weapons. 
(8) The term "START II treaty" means the Treaty on Fur-
ther Reductions and Limitations of Strategic Offensive Arms, 
signed by the United States and the Russian Federation on 
January 3,1993. 
22 use 5952 
SEC. 1612. CONDITION ON ASSISTANCE TO RUSSIA FOR CONSTRUC-
note. 
TION OF PLUTONIUM STORAGE FACILITY. 
(a) LIMITATION.—^Until a certification imder subsection (b) is 
made, no funds may be obligated or expended by the United States 
for the purpose of assisting me Ministry of Atomic Energy of Russia 
to construct a storage facility for surplus plutonium from dismantled 
weapons. 
(b) CERTIFICATION OF RUSSIA'S COMMITMENT TO HALT CHEMICAL 
SEPARATION OF WEAPON-GRADE PLUTONIUM.—^The prohibition in 
subsection (a) shall cease to apply upon a certification by the 
President to Congress that Russia— 
(1) is committed to halting the chemical separation of 
weapon-grade plutonium from spent nuclear fuel; and 
(2) is taking all practical steps to halt such separation 
at the earliestpossible date. 
(c) SENSE OF (JONGRESS ON PLUTONIUM POUCY.—^It is the sense 
of Congress that a key objective of the United States with respect 
to the nonproliferation of nuclear weapons should be to obtain 
a clear and unequivocal commitment from the Government of Russia 
that it will (1) cease all production and separation of weapon-
grade plutonium, and (2) halt chemical separation of plutonium 
produced in civil nuclear power reactors. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1851 
(d) REPORT.—Not later than June 1, 1994, the President shall President. 
submit to Congress a report on the status of efforts by the United 
States to secure the commitments and achieve the objective 
described in subsections (b) and (c). The President shall include 
in the report a discussion of the status of joint efforts by the 
United States and Russia to replace any remaining Russian pluto-
nium production reactors with alternative power sources or to con-
vert such reactors to operation with alternative fuels that would 
permit their operation without generating weapon-grade plutonium. 
SEC. 1613. NORTH KOREA AND THE TREATY ON THE NON-PROLIFERA-
TION OF NUCLEAR WEAPONS. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The Treaty on the Non-Proliferation of Nuclear Weap-
ons, to which 156 states are party, is the cornerstone of the 
international nuclear nonproliferation regime. 
(2) Any nonnuclear weapon state that is a party to the 
Treaty on the Non-Proliferation of Nuclear Weapons is obligated 
to accept International Atomic Energy Agency safeguards on 
all source or special fissionable material that is within its 
territory, under its jurisdiction, or carried out under its control 
an3rwhere. 
(3) The International Atomic Energy Agency is permitted 
to conduct inspections in a nonnuclear weapon state that is 
a party to the Treaty at any site, whether or not declared 
by that state, to ensure that all source or special fissionable 
material in that state is under safeguards. 
(4) North Korea acceded to the Treaty on the Non-Prolifera-
tion of Nuclear Weapons as a nonnuclear weapons state in 
December 1985. 
(5) North Korea, after acceding to that Treaty, refused 
until 1992 to accept International Atomic Energy Agency safe-
guards as required under the Treaty. 
(6) Inspections of North Korea's nuclear materials by the 
International Atomic Energy Agency suggested discrepancies 
in North Korea's declarations regarding special nuclear mate-
rials. 
(7) North Korea has not given a scientifically satisfactory 
explanation for those discrepancies. 
(8) North Korea refused to provide International Atomic 
Energy Agency inspectors with full access to two sites for 
the purposes of verifying its compliance with the Treaty on 
the Non-Proliferation of Nuclear Weapons. 
(9) When called upon by the International Atomic Energy 
Agency to provide such full access as required by the Treaty, 
North Korea announced its intention to withdraw from the 
Treaty, effective after the required three months notice. 
(10) After intensive negotiations with the United States, 
North Korea agreed to suspend its intention to withdraw from 
the Treaty on the Non-Proliferation of Nuclear Weapons and 
begin consultations with the International Atomic Energy 
Agency on providing access to its suspect sites. 
(11) In an attempt to persuade North Korea to abandon 
its nuclear weapons program, the United States has offered 
to discuss with North Korea specific incentives that could be 
provided for North Korea once (A) outstanding inspection issues 
between North Korea and the International Atomic Energy 
107 STAT. 1852 
PUBLIC LAW 103-160—NOV. 30, 1993 
Agency are resolved, and (B) progress is made in bilateral 
^ 
talks between North Korea and South Korea. 
(b) CONGRESSIONAL STATEMENTS.—The Congress-
CD notes that the continued refusal of North Korea nearly 
eight years £dter ratification of the Treaty on the Non-Prolifera-
tion of Nuclear Weapons to fully accept International Atomic 
Energy Agency safeguards raises serious questions regarding 
a possible Norm Korean nuclear weapons program; 
(2) notes that possession by North Korea of nuclear weap-
ons (A) would threaten peace and stability in Asia, (B) would 
jeopardize the existing nuclear non-proliferation regime, and 
(C) would undermine the goal of the United States to extend 
the Treaty on the Non-Proliferation of Nuclear Weapons at 
the 1995 review conference; 
(3) urges continued pressure from the President, United 
States allies, and the United Nations Security Coimcil on North 
Korea to adhere to the Treaty and provide full access to the 
International Atomic Energy Agency in the shortest time 
possible; 
(4) urges the President, United States allies, and the United 
Nations Seoirity Coimcil to press for continued talks between 
North Korea and South Korea on denuclearization of the 
Korean peninsula; 
(5) urges that no trade, financial, or other economic benefits 
be provided to North Korea by the United States or United 
States allies imtil North Korea has (A) provided full access 
to the International Atomic Energy Agency, (B) satisfactorily 
explained any discrepancies in its declarations of bomb-grade 
material, and (C) fiilly demonstrated that it does not have 
or seek a nuclear weapons capability; and 
(6) calls on the President and the international community 
to take steps to strengthen the international nuclear non-
proliferation regime. 
SEC. 1614. SENSE OF CONGRESS RELATING TO THE PROLIFERATION 
OF SPACE LAUNCH VEHICLE TECHNOLOGIES. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The United States has joined with other nations in 
the Missile Technology Control Regime (MTCR), which restricts 
the transfer of missiles or equipment or technology that could 
contribute to the design, development, or production of missiles 
capable of delivering weapons of mass destruction. 
(2) Missile technology is indistinguishable from, and inter-
changeable with, space laimch vehicle technology. 
(3) Transfers of missile technolo^ or space launch vehicle 
technology cannot be safeguarded in a manner that would 
provide timely warning of diversion for military purposes. 
(4) It has been United States policy since agreeing to the 
guidelines of the Missile Technology Control Regime to treat 
the sale or transfer of space launch vehicle technology as restric-
tively as the sale or transfer of missile technology. 
(5) Previous congressional action on missile proliferation, 
notably title XVII of the National Defense Authorization Act 
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1738), 
^ 
has explicitlv supported the policy described in paragraph (4) 
through such actions as the statutory definition of the term 
"missiie" to mean "a category I system as defined in the MTCR 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1853 
Annex, and any other unmanned delivery system of similar 
capability, as well as the specially designed production facilities 
for these systems". 
(6) There is strong evidence that emerging national space 
launch programs in the Third World are not economically 
viable. 
(7) The United States has been successful in dissuading 
other countries from pursuing space launch vehicle programs 
in part by offering to cooperate with those countries in other 
areas of space science and technology. 
(8) The United States has successfully dissuaded other 
MTCR adherents, and countries who have agreed to abide 
by MTCR guidelines, from providing assistance to emerging 
national space launch programs in the Third World. 
(b) STRICT INTERPRETATION OF MTCR.—The Congress supports 
the strict interpretation by the United States of the Missile Tech-
nology Control Regime concerning— 
(1) the inability to distinguish space laimch vehicle tech-
nology from missile technology imder the regime; and 
(2) the inability to safeguard space laimch vehicle tech-
nolo^ in a manner that would provide timely warning of 
the diversion of such technology to military purposes. 
(c) SENSE OF CONGRESS.—^It is the sense of Congress that 
the United States Government and the governments of other nations 
adhering to the Missile Technology Control Regime should be recog-
nized by the international community for— 
(1) the success of those governments in restricting the 
export of space laimch vehicle technology and of missile tech-
nolo^; and 
(2) the significant contribution made by the imposition 
of such restrictions to reducing the proliferation of missile 
technology capable of being used to deliver weapons of mass 
destruction. 
(d) DEFINITION.—For purposes of this section, the term 'fissile 
Technology Control Regime" or '^TCR" means the policy statement, 
between the United States, the United Kingdom, the Federal Repub-
Uc of Germany, France, Italy, Canada, and Japan, announced on 
April 16, 1987, to restrict sensitive missile-relevant transfers based 
on the MTCR Annex, and any amendments thereto. 
TITLE XVII—CHEMICAL AND 
BIOLOGICAL WEAPONS DEFENSE 
SEC. 1701. CONDUCT OF THE CHEMICAL AND BIOLOGICAL DEFENSE 50 USC 1522. 
PROGRAM. 
(a) GENERAL.—^The Secretary of Defense shall carry out the 
chemical and biological defense program of the United States in 
accordance with the provisions of this section. 
(b) MANAGEMENT AND OVERSIGHT.—In carrying out his respon-
sibilities under this section, the Secretary of Defense shall do the 
following: 
(1) Assign responsibility for overall coordination and 
integration of the chemical and biological warfare defense pro-
gram and the chemical and biological medical defense program 
to a single office within the Office of the Secretary of De^nse. 
107 STAT. 1854 
PUBLIC LAW 103-160—NOV. 30, 1993 
Reports. 
50 u s e 1522 
note. 
50 use 1523. 
(2) Take those actions necessary to ensure close and 
continuous coordination between (A) the chemical and biological 
warfare defense program, and (B) the chemical and biological 
medical defense program. 
(3) Exercise oversight over the chemical and biological 
defense program through the Defense Acquisition Board 
process. 
(c) COORDINATION OF THE PROGRAM.—The Secretary of Defense 
shall designate the Army as executive agent for the Department 
of Defense to coordinate and integrate research, development, test, 
and evaluation, and acquisition, requirements of the military 
departments for chemical and biological warfare defense programs 
of the Department of Defense. 
(d) FUNDING.—<1) The budget for the Department of Defense 
for each fiscal vear after fiscal year 1994 shall reflect a coordinated 
and integrated chemical and biological defense program for the 
military departments. 
(2) Funding requests for the program shall be set forth in 
the budget of the Department of Defense for each fiscal year as 
a separate account, with a single program element for each of 
the categories of research, development, test, and evaluation, 
acquisition, and military construction. Amounts for military 
construction projects may be set forth in the annual military 
construction budget. Fimds for military construction for the program 
in the military construction budget shall be set forth separately 
from other fimds for military construction projects. Funding 
requests for the program may not be included in the budget accounts 
of the military departments. 
(3) All funding requirements for the chemical and biological 
defense program shall be reviewed b^ the Secretary of the Army 
as executive agent pursuant to subsection (c). 
(e) MANAGEMENT REVIEW AND REPORT.—(1) The Secretary of 
Defense shall conduct a review of the management structure of 
the Department of Defense chemical and biological warfare defense 
program, including— 
(A) research, development, test, and evaluation; 
(B) procurement; 
(C) doctrine development; 
(D) policy; 
(E) training; 
(F) development of requirements; 
(G) readiness; and 
(H) risk assessment. 
(2) Not later than Mav 1, 1994, the Secretary shall submit 
to Congress a report that aescribes the details of measures being 
taken to improve joint coordination and oversight of the program 
and ensure a coherent and effective approach to its management. 
SEC. 1702. CONSOLIDATION OF CHEMICAL AND BIOLOGICAL DEFENSE 
TRAINING ACTIVITIES. 
The Secretory of Defense shall consolidato all chemical and 
biological warfare defense training activities of the Department 
of Defense at the United Stotes Army Chemical School. 
SEC. 1703. ANNUAL REPORT ON CHEMICAL AND BIOLOGICAL WAR-
FARE DEFENSE. 
(a) REPORT REQUIRED.—^The Secretory of Defense shall include 
in the aimual report of the Secretory under section 113(c) of title 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1855 
10, United States Code, a report on chemical and biological warfare 
defense. The report shall assess— 
(1) the overall readiness of the Armed Forces to fight 
in a chemical-biological warfare environment and shall describe 
steps taken and planned to be taken to improve such readiness; 
and 
(2) requirements for the chemical and biological warfare 
defense program, including requirements for training, detection, 
and protective equipment, for medical prophylaxis, and for 
treatment of casualties resulting from use of chemical or 
biological weapons. 
(b) MATTERS TO BE INCLUDED.—The report shall include 
information on the following: 
(1) The quantities, characteristics, and capabilities of 
fielded chemical and biological defense equipment to meet war-
time and peacetime requirements for support of the Armed 
Forces, including individual protective items. 
(2) The status of research and development programs, and 
acquisition programs, for required improvements in chemical 
and biological defense equipment and medical treatment, 
including an assessment of the ability of the Department of 
Defense and the indiistrial base to meet those requirements. 
(3) Measures taken to ensure the integration of require-
ments for chemical and biological defense equipment and mate-
rial among the Armed Forces. 
(4) The status of nuclear, biological, and chemical (NBC) 
warfare defense training and readiness among the Armed 
Forces and measures being taken to include realistic nuclear, 
biological, and chemical warfare simulations in war games, 
battle simulations, and training exercises. 
(5) Measures taken to improve overall management and 
coordination of the chemical and biological defense program. 
(6) Problems encountered in the chemical and biological 
warfare defense program during the past year and rec-
ommended solutions to those problems for which additional 
resources or actions by the Congress are required. 
(7) A description of the chemical warfare defense prepara-
tions that have been and are being undertaken by the Depart-
ment of Defense to address needs which may arise under article 
X of the Chemical Weapons Convention. 
(8) A summaiy of other preparations undertaken by the 
Department of Defense and the On-Site Inspection Agency to 
prepare for and to assist in the implementation of the conven-
tion, including activities such as training for inspectors, 
preparation of defense installations for inspections imder the 
convention using the Defense Treaty Inspection Readiness Pro-
gram, provision of chemical weapons detection equipment, and 
assistance in the safe transportation, storage, and destruction 
of chemical weapons in other signatory nations to the 
convention. 
SEC. 1704. SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY 50 USC 1522 
PLANNING FOR RESPONSE TO TERRORIST THREATS. 
note. 
It is the sense of Congress that the President should strengthen 
Federal interagency emergency planning by the Federal Emergency 
Management Agency and other appropriate Federal, State, and 
107 STAT. 1856 
PUBLIC LAW 103-160—NOV. 30, 1993 
50 use 1524. 
Military 
Construction 
Authorization 
Act for 
Fiscal Year 
1994. 
local agencies for development of a capability for early detection 
and warning of and response to— 
(1) potential terrorist use of chemical or biological agents 
or weapons; emd 
(2) emergencies or natural disasters involving industrial 
chemicals or the widespread outbreak of disease. 
SEC. 1706. AGREEMENTS TO PROVIDE SUPPORT TO VACCINATION 
PROGRAMS OF DEPARTMENT OF HEALTH AND HUMAN 
SERVICES. 
(a) AGREEMENTS AUTHORIZED.—^The Secretary of Defense may 
enter into agreements with the Secretary of Health and Human 
Services to provide support for vaccination programs of the Sec-
ret£ury of Health and Human Services in the United States through 
use of the excess peacetime biological weapons defense capability 
of the Department of Defense. 
(b) REPORT.—Not later than February 1, 1994, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the feasibility of providing Department of Defense 
support for vaccination programs under subsection (a) and shall 
identify resoiirce requirements that are not within the Department's 
capability. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the "Military Construction 
Authorization Act for Fiscal Year 1994". 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2l04(aXl), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amoimts, set 
forth in the following table: 
Army: Inside the United States 
State 
Installation or location 
Fort Rucker 
Fort Wainwright 
Fort Richardson 
Fort Huachuca 
Fort Irwin 
;.. 
Fort Carson 
Fitzsimons Medical Center 
Amount 
$42,650,000 
$740,000 
$10,000,000 
$8,850,000 
$5,900,000 
$4,050,000 
$4,400,000 
$37,650,000 
PUBLIC LAW 103-160—NOV. 30, 1993 
Army: Inside the United States 
107 STAT. 1857 
Stote 
Hawaii 
Kansas .... 
Kentucky, 
Maryland 
Missouri ., 
Nevada .... 
New Jersey . 
New Mexico 
New York .... 
North Carolina 
Oklahoma 
Pennsylvania ... 
South Carolina 
Texas 
Utah 
Virginia 
Washington 
CONUS Various 
Installation or location 
Fort Stewart 
Fort Gillem .. 
Schofield Barracks 
Fort Riley 
Fort Campbell 
Fort Knox 
Aberdeen Proving Ground 
Fort Leonard Wood 
Hawthorne Army Ammunition 
Plant 
Fort Monmouth 
Picatinny Arsenal 
White Sands Missile Range 
Fort Drum 
United States Military Academy, 
West Point 
Fort Bragg 
Fort Sill 
Tobyhanna Army Depot 
Fort Jackson 
Fort Bliss 
Fort Hood 
Fort Sam Houston 
Dugway Proving Ground 
Tooele Army Depot 
Fort Belvoir 
Fort Lee 
Fort Myer 
Fort Lewis 
Classified Locations 
A m o u n t 
$20,300,000 
$2,600,000 
$18,600,000 
$14,642,000 
$40,300,000 
$41,350,000 
$21,700,000 
$1,000,000 
$11,700,000 
$7,500,000 
$10,500,000 
$6,200,000 
$2,950,000 
$13,800,000 
$118,690,000 
$27,000,000 
$750,000 
$2,700,000 
$29,600,000 
$56,500,000 
$5,651,000 
$16,500,000 
$1,500,000 
$8,860,000 
$32,600,000 
$6,800,000 
$14,200,000 
$1,852,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(aX2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the location outside 
the United States, and in the amount, set forth in the following 
table: 
Army: Outside the United States 
Country 
Installation or location 
Kwiyalein 
Amount 
$21,200,000 
107 STAT. 1858 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—^Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(aX6XA), the Secretary of the Army may construct or acquire 
family housing imits (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
State 
California 
North Carolina 
Army: Family Housing 
Installation 
Schofield Bar-
Fort Meade 
Hawthorne Army 
Ammunition 
Plant 
U.S. Military 
Academy, West 
Point 
Fort Bragg 
Fort McCoy 
Purpose 
220 units 
348 units 
275 units 
Demolition 
100 units 
224 units 
16 units 
Amount 
$25,000,000 
$52,000,000 
$26,000,000 
$500,000 
$15,000,000 
$18,000,000 
$2,950,000 
(b) PLANNING AND DESIGN.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(aX6XA), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $11,805,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(aX6XA), the Secretary of the Army may 
improve existing military family housing in an amoimt not to exceed 
$77,630,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—^Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1993, for 
miUtary construction, land acquisition, and military familv housing 
functions of the Department of the Army in tne total amount 
of $2,378,919,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $650,585,000. 
(2) For militaiy construction projects outside the United 
States authorized by section 2101(b), $21,200,000. 
(3) For the construction of the Chemical Demilitarization 
Facility, Anniston Army Depot, Alabama, authorized in section 
2101(a) of the Military Construction Authorization Act for Fis-
cal Year 1991 (division B of Public Law 101-510; 104 Stat. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1859 
1758), section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1992 (division B of Public Law 102-
190; 105 Stat. 1508), and section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 1993 (division 
B of Public Law 102-484; 106 Stat. 2586), $95,300,000. 
(4) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$12,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$109,441,000. 
(6) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $228,885,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,110,108,000 of which not more than 
$268,139,000 may be obligated or expended for the leasing 
of military family housing worldwide. 
(7) For the Homeowners Assistance Program as authorized 
by section 2832 of title 10, United States Code, $151,400,000, 
to remain available until expended. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
SEC. 2106. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1993 CONSTRUCTION PROJECT.—(1) The table 
in section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 
2587) is amended by striking out the item relating to Tooele Army 
Depot, Utah. 
(2) Section 2105(a) of such Act (106 Stat. 2588) is amended— 
(A) by striking out "$2,127,397,000" and inserting in lieu 
thereof "$2,118,197,000"; and 
(B) in paragraph (1), by striking out "$338,860,000" and 
inserting in lieu thereof "$329,660,000". 
(b) FISCAL YEAR 1992 CONSTRUCTION PROJECTS.—<1) Section 
2101(a) of the Military Construction Authorization Act for Fiscal 
Year 1992 (division B of Public Law 102-190; 105 Stat. 1508) 
is amended— 
(A) under the heading "NEW YORK", by striking out the 
item relating to Seneca Army Depot; and 
(B) imder the heading "VIRGINIA", by striking out the item 
relating to Vint Hill Farms Station. 
(2) Section 2105(a) of such Act (105 Stat. 1511) is amended— 
(A) by striking out "$2,576,674,000" and inserting in lieu 
thereof "$2,571,974,000"; and 
(B) in paragraph (1), by striking out "$718,829,000" and 
inserting in lieu thereof "$714,129,000". 
107 STAT. 1860 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2106. CONSTRUCTION OF CHEMICAL MUNITIONS DISPOSAL 
FACIUTIES. 
(a) LIMITATION ON CONSTRUCTION.—None of the amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a) may be obligated for the construction of a new chemical 
munitions disposal facility at Anniston Army Depot, Alabama, until 
the Secretary of Defense submits a certification described in sub-
section (b). 
(b) CERTIFICATION.—^A certification referred to in subsection 
(a) is a certification submitted by the Secretary of Defense to 
Congress that— 
(1) the Johnston Atoll Chemical Agent Disposal System 
has operated successfully for a period of six months, has met 
all reqmred environmental and safety standards, and has 
proven to be operationally effective; and 
(2) if the Secretary of the Army awards a construction 
contract for the chemical munitions disposal facility at Anniston 
Army Depot, Alabama, the Secretary of the Army will schedule 
the award of a construction contract for a chemical munitions 
disposal facility at another non-low-volume chemical weapons 
storage site in the continental United States during the same 
12-month period in which the construction contract for the 
facility at the Anniston Army Depot is awarded. 
TITLE XXII-.NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in 
section 
2204(aXl), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
' 
' * ? ' • 
• 
• • ' 
'
' 
Navy: Inside the United States 
State 
Installation or location 
Barstow Marine Corps Logistics 
Camp Pendleton Marine Corps 
Air Station 
Camp Pendleton Marine Corps 
Fallbrook Naval Weapons Station 
San Diego Fleet Industrial Supply 
San Diego Marine Corps Recruit 
Twentynine Palms, Marine Corps 
New London Naval Submarine 
Amount 
$8,690,000 
$3,850,000 
$11,130,000 
$4,630,000 
$1,930,000 
$2,700,000 
$2,270,000 
$1,130,000 
$7,900,000 
$40,940,000 
PUBLIC LAW 103-160—NOV. 30, 1993 
Navy: Inside the United States 
107 STAT. 1861 
State 
District of Columbia 
Florida 
Georgia 
Hawaii 
Indiana ... 
Maine 
, 
Maryland 
Mississippi 
Nevada 
New Jersey 
North Carolina 
Pennsylvania 
Rhode Island.... 
South Carolina 
Installation or location 
Washington, Commandant, Naval 
District 
Naval Research Laboratory 
Jacksonville Naval Air Station .... 
Mayport Naval Station 
Pensacola Naval Air Station 
Albany Marine Corps Logistics 
Base 
Kiings Bay Naval Submarine Base 
Kings Bay Trident Training Facil-
ity 
Barbers Point Naval Air Station .. 
Honolulu, Naval Commimications 
and Telecommunications Area 
Master Station, Eastern Pacific .. 
Pearl Harbor Naval Inactive Ship 
Maintenance Facility 
Pearl Harbor Naval Submarine 
Base 
Pearl Harbor Public Works Cen-
ter 
Pearl 
Harbor, 
Commander, 
Ckeanographic System Pacific, 
Berthing Pier 
Crane Naval Surface Warfare 
Center 
Kittery Portsmouth Naval Ship-
yard 
Bethesda National Naval Medical 
C!enter 
Indian 
Head, 
Naval 
Surface 
Weapons Center 
Patuxent River Naval Air War-
fare Center 
Gtilfport Naval Construction Bat-
talion Center 
Fallon Naval Air Station 
Earle Naval Weapons Station 
Camp Lejeune Marine Corps Base 
Camp Lejeime Naval Hospital 
Cherry Point Marine Corps Air 
Station 
Philadelphia Aviation Supply Of-
fice 
Philadelphia Naval Inactive Ship 
Maintenance Facility 
Philadelphia Naval Shipyard 
Newport Naval Education and 
Training Center 
Beaufort Marine Corps Air Sta-
tion 
A m o u n t 
$3,110,000 
$2,380,000 
$14,420,000 
$3,260,000 
$6,420,000 
$940,000 
$10,920,000 
$3,870,000 
$2,700,000 
$9,120,000 
$2,620,000 
$54,140,000 
$27,540,000 
$16,780,000 
$9,600,000 
$4,780,000 
$3,090,000 
$3,400,000 
$9,300,000 
$4,400,000 
$1,600,000 
$2,580,000 
$41,290,000 
$2,370,000 
$7,500,000 
$1,900,000 
$8,660,000 
$13,500,000 
$11,300,000 
$10,900,000 
107 STAT. 1862 
PUBLIC LAW 103-160—NOV. 30, 1993 
Navy: Inside the United States 
State 
Texas 
Various Locations ... 
Installation or location 
Charleston Naval Weapons Sta-
Corpus Christi Naval Air Station 
Chesapeake. Marine Corps Secu-
rity Battalion 
Craney Island Fleet and Indus-
Norfolk. Commander. Operational 
Norfolk Naval Air Station 
Norfolk Public Works Center 
Oceana Naval Air Station 
Portsmouth. Norfolk Naval Ship-
Q\iantico. Combat Development 
Wallops Island, Naval 
Surface 
Weapons Center Detachment 
Bangor Naval Submarine Base .... 
Everett Naval Station 
Keyport. Naval Undersea Warfare 
Wastewater Collection and Treat-
ment Facilities 
Amount 
$580,000 
$1,450,000 
$1,670,000 
$5,380,000 
$11,740,000 
$8,100,000 
$12,270,000 
$5,330,000 
$7,100,000 
$13,420,000 
$7,450,000 
$10,170,000 
$3,100,000 
$34,000,000 
$8,980,000 
$3,260,000 
$540,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(aX2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outside the United States 
Country 
Italy 
Various Locations 
Installation or location 
Naval Hospital 
Anderson Air Force Base Naval 
Air Facility 
Fleet/Industrial Supply Center .... 
Public Works Center 
Naples Naval Support Activity .... 
Host Nation Infrastructure Sup-
port 
Amount 
$2,460,000 
$7,310,000 
$14,520,000 
$21,200,000 
$7,230,000 
$11,740,000 
$3,460,000 
$2,670,000 
$2,960,000 
$800,000 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1863 
SEC. SaOS. FABOLY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(aXoXA), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, {uid in the amounts set forth in the following 
table: 
Navy: Family Housing 
State 
District of Co-
United Kingdom 
Installation 
San Diego Navy 
PubUc Works 
Center 
Washington Navy 
Public Works 
Center 
Pensacola Navy 
Publiic Works 
Kings Bay Naval 
Submarine Base 
Brunswick Naval 
Air Station 
Norfolk, Naval 
Public Works 
Center/Naval 
Amphibious 
Base Little 
Oceana Naval Air 
Station 
Bangor Naval 
Submarine Base 
Whidbey Island, 
Naval Air Sta-
London Naval Ac-
tivities Support 
Purpose 
318 units 
188 units 
Housing Self 
Help/Ware-
Housing Office/ 
Self Help/ 
Warehouse .... 
Mobile Home 
392 units 
Community 
Center 
290 units 
106 units 
81 units 
Amount 
$36,571,000 
$21,556,000 
$300,000 
$790,000 
$490,000 
$50,674,000 
$860,000 
$27,438,000 
$10,000,000 
$15,470,000 
(b) PLANNING AND DESIGN.—^Using amounts 
appropriated 
pursuant to the authorization of appropriations in section 
2204(aX5XA), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of military family hous-
ing units in an amount not to exceed $22,924,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts approprisited pursuant to the authorization of appro-
priations in section 2204(aX5XA), the Secretary of the Navy may 
107 STAT. 1864 
PUBLIC LAW 103-160—NOV. 30, 1993 
improve existing military family housing units in the amoimt of 
$183,135,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—^Funds are hereby authorized to be appro-
priated for fiscal years beginninj^ after September 30, 1993, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amoimt of 
$1,858,505,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $514,100,000. 
(2) For milita^ construction projects outside the United 
States authorized b^ section 2201(b), $74,350,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $5,500,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$64,373,000. 
(5) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $370,208,000. 
(B) For support of military housing (including functions 
' 
described in section 2833 of title 10, United States Code), 
$819,974,000, of which not more than $113,308,000 may 
be obligated or expended for the leasing of military family 
housing units worldwide. 
(6) For the construction of the large anachoic chamber 
facility at the Patuxent River Naval Warfare Center, Aircraft 
Division, Maryland, authorized by section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 1993 (Pub-
Uc Law 102-484; 106 Stat. 2590), $10,000,000. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed the total amoimt authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1993 CONSTRUCTION AND FAMILY HOUSING 
PROJECTS.—(1) The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 1993 (division a 
of Public Law 102-484; 106 Stat. 2589) is amended by striking 
out the items relating to the following installations: 
(A) Mare Island Naval Shipyard, California. 
(B) Miramar Naval Air Station, California. 
(C) Cecil Field, Naval Air Station, Florida. 
(D) Memphis, Naval Air Station, Tennessee. 
(2) Section 2204(a) of such Act (106 Stat. 2592) is amended— 
(A) by striking out "$1,450,529,000** and inserting in lieu 
thereof "$1,411,616,000**; 
(B) in paragraph (1), by striking out "$312,557,000** and 
inserting in lieu thereof "$274,897,000^; and 
(C) in paragraph (5XB), by striking out "$661,246,000" 
and inserting in lieu thereof "$659,993,00(r. 
(b) FISCAL YEAR 1992 CONSTRUCTION PROJECTS.—(1) Section 
2201(a) of the Military Construction Authorization Act for Fiscal 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1865 
Year 1992 (division B of Public Law 102-190; 105 Stat. 1514) 
is amended— 
(A) under the heading "ALASKA", by striking out the item 
relating to Adak, Naval Security Group Activity; 
(B) under the heading "CALIFORNIA"— 
(i) by striking out the item relating to Concord, Naval 
Weapons Station; and 
(ii) by striking out the item relating to Vallejo, Mare 
Island Naval Shijayard; 
(C) under the heading "DISTRICT OF COLUMBIA", in the 
item relating to Conmiandant Naval District Washington, by 
striking out "$5,570,000" and inserting in lieu thereof 
"$3,520,000"; 
(D) under the heading "FLORIDA"— 
(i) in the item relating to Oijlando, Naval Training 
Center, by striking out "$21,430,000" and inserting in lieu 
thereof "$13,450,000"; and 
(ii) by striking out the item relating to Pensacola, 
Naval Supply Center; 
(E) under the heading "GEORGIA", in the item relating 
to Kings Bay, Naval Submarine Base, by striking out 
"$9,780,000" and inserting in lieu thereof "$580,000"; 
(F) imder the ht^ading "MARYLAND", in the item relating 
to Annapolis, Naval Radio Transmitting Facility, by striking 
out "$5,220,000" and inserting in lieu thereof "$2,820,000*; 
(G) imder the heading "SOUTH CAROLINA", by striking out 
the item relating to Charleston, Fleet and Mine Warfare Train-
ing Center; 
(H) under the heading "VIRGINIA", by striking out the item 
relating to Norfolk, Naval Station; and 
(I) under the heading "WASHINGTON", in the item relating 
to Whidbey Island, Naval Air Station, by striking out 
"$6,800,000* and inserting in lieu thereof "$3,451,000". 
(2) Section 2205(a) of such Act (105 Stat. 1518) is amended— 
(A) by striking out "$1,832,149,000" and inserting in lieu 
thereof "$1,759,990,000"; and 
(B) in paragraph (1), by striking out "$739,859,000" and 
inserting in lieu thereof "$667,700,000". 
(c) FISCAL YEAR 1991 CONSTRUCTION AND FAMILY HOUSING 
PROJECTS.—<1) Section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 1991 (division B of Public Law 
101-510; 104 Stat. 1763) is amended— 
(A) under the heading "ALASKA", in the item relating to 
Amchitka, Fleet Surveillance Support Command, by striking 
out "$31,000,000" and inserting in lieu thereof "$25,344,000*; 
(B) imder the heading "CALIFORNIA", by striking out the 
item relating to Point Mu^, Pacific Missile Test Center; 
(C) under the heading "FLORIDA", in the item relating 
to Key West Naval .^ir Station, by striking out "$7,030,000^ 
and inserting in lieu thereof "$4,020,000"; and 
(D) under the heading "VIRGINIA", by striking out the item 
relating to Oceana, Naval Air Station. 
(2) Section 2202(a) of such Act (104 Stat. 1767) is amended 
^ 
striking out the item relating to Long Beach, Naval Station, 
CfaUfomia. 
(3) Section 2205(a) of such Act (104 Stat. 1767), as amended 
by section 2209(aX2) of the Military Construction Authorization 
107 STAT. 1866 
PUBLIC LAW 103-160—NOV. 30, 1993 
Act for Fiscal Year 1992 (division B of Public Law 102-190; 105 
Stat. 1520), is amended— 
(A) by striking out "$1,954,513,000" and inserting in lieu 
thereof "$1,915,179,000"; 
(B) in paragraph (1), by striking out "$900,092,000" and 
inserting in lieu thereof "$885,686,00(r; and 
(C) in paragraph (7XA), by striking out "$174,827,000" 
and inserting in fieu thereof "$149,899,00(r. 
(d) FISCAL YEAR 1990 CONSTRUCTION AND FAMILY HOUSING 
PROJECTS; DEFENSE ACCESS ROADS.—(1) Section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Years 1990 and 
1991 (division B of Public Law 101-189; 103 Stat. 1621) is amended 
imder the heading "
N
E
W Y
O
R
K
"
, in the item relating to New York, 
Naval Station, by striking out "$25,640,000" and inserting in lieu 
thereof "$20,978,000". 
(2) Section 2202(a) of such Act (103 Stat. 1626) is amended 
by striking out the item relating to El Toro, Marine Corps Air 
Station, CsJifomia. 
(3) Section 2204(a) of the Military Construction Authorization 
Act for Fiscal Years 1990 and 1991 (103 Stat. 1627), as amended 
by section 2209(bX3) of the Military Construction Authorization 
Act for Fiscal Year 1992 (division B of Public Law 102-190; 105 
Stat. 1521), is amended— 
(A) by striking out "$1,939,375,000" and inserting in lieu 
thereof "$1,917,613,000"; 
(B) in paragraph (1), by striking out "$892,561,000" and 
inserting in lieu thereof "$883,237,000*; 
(C) in paragraph (5), by striking out "$5,810,000" and 
inserting in lieu 
ttiereof 
"$2,810,000"; and 
(D) in paragraph (6XA). by striking out "$191,290,000" 
and inserting in lieu thereof "$177,190,000". 
(e) FISCAL YEAR 1989 PROJECT.—(1) Section 2202(a) of the 
Military Construction Authorization Act, 1989 (division B of Public 
Law 100-456; 102 Stat. 2098), is amended in the item relating 
to Naval Station, Long Beach, California, by striking out 
"$26,110,000" and inserting in lieu thereof "$17,038,000". 
(2) Section 2205(a) of such Act (102 Stat. 2099), as amended 
by section 2206(b) of the Military Construction Authorization Act 
for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 
2593), is amended— 
(A) by striking out "$2,361,555,000" and inserting in lieu 
thereof "$2,352,483,000"; 
(B) in paragraph (6XA), by striking out "$250,770,000" 
and inserting in fieu thereof "$241,698,00(r. 
TITLE XXIII—AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(aXl), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
PUBLIC LAW 103-160—NOV. 30, 1993 
Air Force: Inside the United States 
107 STAT. 1867 
State 
District of Columbia . 
Florida 
New Mexico 
North Carolina 
North Dakota 
Installation or location 
Maxwell Air Force Base 
Eielson Air Force Base 
Elmendorf Air Force Base 
Cap<} Roman Air Force Station 
Fort Richardson 
Davis Monthan Air Force Base 
Luke Air Force Base 
Navajo Army Depot 
Little Rock Air Force Base 
Beale Air Force Base 
Edwards Air Force Base 
McClellan Air Force Base 
Travis Air Force Base 
Vandenberg Air Force Base 
Buckley Air National Guard Base . 
Cheyenne 
Mountain 
Air 
Force 
Peterson Air Force Base 
United States Air Force Academy .. 
Dover Air Force Base 
Boiling Air Force Base 
Cape Canaveral Air Force Station . 
Eglin Air Force Base 
Eglin Auxiliary Field No. 9 
Patrick Air Force Base 
Tyndall Air Force Base 
Moody Air Force Base 
Robins Air Force Base 
Kaena Point 
Scott Air Force Base 
McConnell Air Force Base 
Barksdale Air Force Base 
Andrews Air Force Base 
Columbus Air Force Base 
Keesler Air Force Base 
Whiteman Air Force Base 
Malmstrom Air Force Base 
Offutt Air Force Base 
Nellis Air Force Base 
Cannon Air Force Base 
HoUoman Air Force Base 
Kirtland Air Force Base 
Pop43 Air Force Base 
Seymour Johnson Air Force Base .. 
Amount 
$4,680,000 
$16,170,000 
$13,300,000 
$33,305,000 
$3,350,000 
$5,500,000 
$6,150,000 
$12,750,000 
$7,250,000 
$4,500,000 
$3,150,000 
$11,300,000 
$10,200,000 
$19,140,000 
$20,728,000 
$39,000,000 
$4,450,000 
$21,030,000 
$11,680,000 
$7,760,000 
$2,000,000 
$19,200,000 
$12,050,000 
$7,829,000 
$3,850,000 
$2,600,000 
$13,700,000 
$43,370,000 
$13,800,000 
$7,350,000 
$7,450,000 
$1,900,000 
$13,860,000 
$17,990,000 
$2,900,000 
$8,710,000 
$36,388,000 
$7,700,000 
$11,000,000 
$10,100,000 
$11,915,000 
$11,100,000 
$35,061,000 
$8,600,000 
$5,380,000 
$16,050,000 
107 STAT. 1868 
PUBLIC LAW 103-160—NOV. 30, 1993 
Air Force: Inside the United States 
State 
Ohio 
South Carolina 
Texas 
Utah 
Virginia 
Installation or location 
Minot Air Force Base 
Wright-Patterson Air Force Base ... 
Altus Air Force Base 
Tinker Air Force Base 
Vance Air Force Base 
Charleston Air Force Base 
Shaw Air Force Base 
Ellsworth Air Force Base 
Arnold Air Force Base 
Brooks Air Force Base 
Dyess Air Force Base 
Goodfellow Air Force Base 
Kelly Air Force Base 
Lackland Air Force Base 
Laughlin Air Force Base 
Randolph Air Force Base 
Reese Air Force Base 
Sheppard Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
F.E. Warren Air Force Base 
Amount 
$10,500,000 
$44,680,000 
$7,710,000 
$20,749,000 
$11,000,000 
$1,100,000 
$5,870,000 
$6,830,000 
$1,500,000 
$8,400,000 
$15,590,000 
$3,700,000 
$27,481,000 
$30,093,000 
$8,650,000 
$5,300,000 
$900,000 
$18,030,000 
$14,580,000 
$12,450,000 
$3,500,000 
$10,900,000 
$12,640,000 
$8,140,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(aX2), the Secretary of the Air Force may acquire real property 
and may carry out mihtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Outside the United States 
Country 
Antigua Island 
Indian Ocean 
Turkey 
United Kingdom 
Installation or location 
Antigua Air Station 
Ramstein Air Base 
Thule Air Base 
Diego Garcia Air Base 
Incirlik Air Base 
RAF Mildenhall 
Amount 
$1,000,000 
$3,400,000 
$3,100,000 
$5,492,000 
$2,260,000 
$2,400',000 
$4,800,000 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1869 
SEC. 2802. FABOLY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—^Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(aX8XA), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
installations, for the piirposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State or Coun-
try 
Florida 
Massachusetts .. 
Texas 
Wyoming 
Installation 
Maxwell Air Force 
Little Rock Air 
Vandenberg Air 
Patrick Air Force 
Tyndall Air Force 
Robins Air Force 
Barksdale Air 
Hanscom Air 
Force Base 
Malmstrom Air 
Force Base 
Dyess Air Force 
Lackland Air 
Langley Air Force 
Fairchild Air 
Force Base 
F.E. Warren Air 
Force Base 
Purpose 
55 units 
Housing OfHce/ 
Maintenance 
Facility 
166 units 
155 units 
Infrastructure .. 
117 imits 
118 units 
48 units 
Housing Office . 
Housing Main-
tenance Facil-
ity 
I l l units 
Housing Office . 
1 unit 
104 units 
Amount 
$4,080,000 
$980,000 
$21,907,000 
$15,388,000 
$5,732,000 
$7,424,000 
$8,578,000 
$5,135,000 
$581,000 
$281,000 
$8,770,000 
$452,000 
$184,000 
$10,572,000 
(b) PLANNING 
AND DESIGN.—^Using amounts 
appropriated 
pursuant to the authorization 
of appropriations 
in section 
2304(aX8XA), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction desigpti activities 
with respect to the construction or improvement of military family 
housing imits in an amount not to exceed $11,901,000. 
107 STAT. 1870 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2808. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
usin^ amounts appropriated pursuant to the authorization of appro-
priations in section 2304(aX8XA), the Secretary of the Air Force 
may improve existing militaiy family housing imits in an amount 
not to exceed $75,070,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—^Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1993, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Foroe in the total amount 
of $2,040,031,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $877,539,000. 
(2) For military construction projectis outside the United 
States authorized b^ section 2301(b), $22,452,000. 
(3) For imspeafied minor construction projects authorized 
by section 2805 of title 10, United States Code, $6,844,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$63,180,000. 
(5) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $7,150,000. 
(6) For the balance of the amount authorized under section 
2301(a) of the Military Construction Authorization Act for Fis-
cal Year 1993 (division B of Public Law 102-484; 106 Stat. 
2594) for the construction of the climatic test chamber at Eglin 
Air Force Base, Florida, $37,000,000. 
(7) For phase II of the relocation and construction of up 
to 1,068 family housing units at Scott Air Force Base, Illinois, 
authorized by section 2302(a) of the Military Construction 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
106 Stat. 2596), $10,000,000. 
(8) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and faciUties, $177,035,000. 
(B) For support of military housing (including fimctions 
described in section 2833 of title 10, United States Code), 
$838,831,000 of which not more than $118,266,000 may 
be obligated or expended for leasing of military family 
housing units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out imder section 
2301 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1993 
CONSTRUCTION AND FAMILY HOUSING 
PROJECTS.—(1) The table in section 2302(a) of the Military 
Construction Authorization Act for Fiscal Year 1993 (division B 
of Public Law 102-484; 106 Stat. 2595) is amended by striking 
out the item relating to March Air Force Base, California. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1871 
(2) Section 2303 of such Act (106 Stat. 2596) is amended by 
striking 
out 
"$150,000,000" and 
inserting 
in 
lieu 
thereof 
"$139,649,000". 
(3) Section 2304(a) of such Act (106 Stat. 2596) is amended— 
(A) by striking out "$2,062,707,000" and inserting in lieu 
thereof "$2,014,005,000"; and 
(B) in paragraph (5XA), by striking out "$283,786,000" 
and inserting in lieu thereof "$235,084,000". 
(b) FISCAL YEAR 1992 
CONSTRUCTION AND FAMILY HOUSING 
PROJECTS.—(1) Section 2301(a) of the Military 
Construction 
Authorization Act for Fiscal Year 1992 (division B of Public Law 
102-190; 105 Stat. 1521) is amended— 
(A) under the heading "FLORIDA", by striking out the item 
relating to Homestead Air Force Base; and 
(B) under the heading "NEW Y
O
R
K
"
— 
(i) in the item relating to Griffiss Air Force Base, 
by striking out "$2,700,000" and inserting in lieu thereof 
"$1,200,000"; and 
(ii) in the item relating to Plattsburgh Air Force Base, 
by striking out "$9,040,00^" and inserting in lieu thereof 
"$960,000.". 
(2) Section 2303 of such Act (105 Stat. 1525) is amended by 
striking 
out 
"$141,236,000" and 
inserting 
in 
lieu 
thereof 
"$134,836,000". 
(3) Section 2305(a) of such Act (105 Stat. 1525), as amended 
by section 2308(aX2) of the Military Construction Authorization 
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 
Stat. 2598), is amended— 
(A) by striking out "$2,054,713,000" and inserting in lieu 
thereof "$2,033,833,000"; 
(B) in paragraph (1), by striking out "$744,380,000" and 
inserting in lieu thereof "$729,900,000"; and 
(C) in paragraph (8XA), by striking out "$161,538,000" 
and inserting in lieu thereof "$155,138,000". 
(c) FISCAL YEAR 1991 CONSTRUCTION PROJECTS.—(1) Section 
2301(a) of the Military Construction Authorization Act for Fiscal 
Year 1991 (division B of Public Law 101-510; 104 Stat. 1769) 
is amended— 
(A) under the heading "CALIFORNIA", by striking out the 
item relating to March Air Force Base; 
(B) under the heading "FLORIDA"— 
(i) by striking out the item relating to Avon Park 
Range; and 
(ii) in the itctm relating to Homestead Air Force Base, 
by striking out "$7,900,000" and inserting in lieu thereof 
"$2,400,000"; 
(C) under the heading "IDAHO", by striking out the item 
relating to Mountain Home Air Force Base; 
(D) under the heading "MAINE", by striking out the item 
relating to Bangor Air National Guard Base; and 
(E) under the heading "NEW YORK", by striking out the 
item relating to GrifBss Air Force Base. 
(2) Section 2304(a) of such Act (104 Stat. 1773), as amended 
by section 2308(bX3) of the Military Construction Authorization 
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 
Stat. 2598) and section 2310(aX2) of the Military Construction 
107 STAT. 1872 
PUBLIC LAW 103-160—NOV. 30, 1993 
Authorization Act for Fiscal Year 1992 (division B of Public Law 
102-190; 105 Stat. 1527), is amended— 
(A) by striking out "$1,905,075,000" and inserting in lieu 
thereof "$1,891,005,000"; and 
(B) in paragraph (1), by striking out "$724,855,000" and 
inserting in lieu thereof "$710,785,00(r. 
(d) FISCAL YEAR 1990 CONSTRUCTION PROJECTS.—<1) Section 
2301(a) of the Militant Construction Authorization Act for Fiscal 
Years 1990 and 1991 (division B of Public Law 101-189; 103 Stat. 
1630) is amended— 
(A) under the heading "FLORIDA", by striking out the item 
relating to Homestead Air Force Base; and 
(B) under the heading "
O
H
I
O
"
, in the item relating to New-
ark Air Force Base, by striking out "$2,980,000" and inserting 
in lieu thereof "$2,300,000". 
(2) Section 2304(a) of such Act (103 Stat. 1636), as amended 
by section 231(KbX2) of the Military Construction Authorization 
Act for Fiscal Year 1992 (division B of Public Law 102-190; 105 
Stat. 1528) and section 2306(b) of the Military Construction 
Authorization Act for Fiscal Year 1991 (division B of Public Law 
101-510; 104 Stat. 1774) is amended— 
(A) by striking out "the total amoimt" and all that follows 
through as follows:" and inserting in lieu thereof "the toted 
amount of $2,057,118,000, as follows:"; and 
(B) in paragraph (1), by striking out "section 2301(a)" and 
all that follows through the period and inserting in lieu thereof 
"section 2301(a), $809,316,000". 
SEC. 2306. RELOCATION OF AIR FORCE ACnVITIES FROM SIERRA 
ARMY DEPOT, CALIFORNIA, TO BEALE AIR FORCE BASE, 
CALIFORNIA. 
(a) STUDENT DORMITORY.—Section 2301(a) of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B 
of Public Law 101-510; 104 Stat. 1769) is amended in the matter 
under the heading "
C
A
L
I
F
O
R
N
I
A
"
— 
(1) by striking out "Sierra Army Depot, $3,650,000."; and 
(2) by striking out "Beale Air Force Base, $6,300,000." 
and inserting in lieu thereof the following: "Beale Air Force 
Base, $9,950,000.". 
(b) MUNITION MAINTENANCE FACILITY.—Section 2301(a) of the 
Military Construction Authorization Act for Fiscal Year 1992 (divi-
sion B of Public Law 102-190; 105 Stat. 1521) is amended in 
the matter under the heading "CALIFORNIA"— 
(1) by striking out ^Sierra Army Depot, $2,700,000."; and 
(2) by striking out "Beale Air Force Base, $2,250,000." 
and inserting in lieu thereof the following: "Beale Air Force 
Base, $4,950,000.". 
SEC. 2307. COMBAT ARMS TRAINING AND MAINTENANCE FACIUTY 
RELOCATION FROM WHEELER AIR FORCE BASE, HAWAII, 
TO UNITED STATES ARMY SCHOFIELD BARRACKS OPEN 
RANGE, HAWAIL 
^ 
Section 2301(a) of the Military Construction Authorization Act 
for Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 
1770) is amended in the matter under the heading "
H
A
W
A
I
I
"
— 
(1) by striking out "Wheeler Air Force Base, $3,500,000." 
and inserting in lieu thereof the following: "Wheeler Air Force 
Base, $2,100,000."; and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1873 
(2) by inserting after the item relating to Hickam Air 
Force Base the following new item: 
'United States Army Schofield Barracks Open Range, 
$1,400,000.". 
SEC. 2308. AUTHORITY TO TRANSFER FUNDS AS PART OF THE 
IMPROVEMENT OF DYSART CHANNEL, LUKE AIR FORCE 
BASE, ARIZONA. 
(a) TRANSFER AUTHORITY.—^The Secretary of the Air Force may 
transfer to the Flood Control District of Maricopa County, Arizona 
(in this section referred to as the "District"), funds appropriated 
for fiscal years beginning after September 30, 1993, for a project, 
authorized in section 2301(a), to widen and make other improve-
ments to Dysart Channel. Such improvements may include the 
construction of necessary detention basins and other features that 
are needed to prevent flooding of Luke Air Force Base, Arizona. 
(b) USE OF FUNDS.—^All funds transferred pursuant to sub-
section (a) shall be used by the District only for the purpose of 
conducting the project described in such subsection. 
(c) CONDITIONS ON TRANSFER.—Fimds may not be transferred 
pursuant to subsection (a) imtil after the date on which the Sec-
retary and the District enter into an agreement that addresses 
cost sharing for the widening and other improvements to be made 
to Dysart Channel and such other matters associated with the 
project as the Secretary considers to be appropriate. 
(d) L
I
M
I
T
A
T
I
O
N O
N AiR F
O
R
C
E CosT SHARE.—The Air Force 
share of the costs of the project described in subsection (a) may 
not exceed the lesser o
f
— 
(1) 50 percent of the total project cost; or 
(2) $6,000,000. 
(e) CONSIDERATION.—^As consideration for the financial assist-
ance provided pursuant to subsection (a), the District shall convey 
to the United States all right, title, and interest of the District 
in and to the real property, if any, acquired by the District in 
widening Dysart Channel and making the other improvements, 
such as detention basins as referred to in subsection (a). 
SEC. 2309. AUTHORITY 
TO 
TRANSFER 
FUNDS 
FOR 
SCHOOL 
CONSTRUCTION FOR LACKLAND AIR FORCE BASE, TEXAS. 
(a) TRANSFER AUTHORITY.—Subject to subsection (b), the Sec-
retary of the Air Force may transfer to the Lackland Independent 
School District, Texas, not more than $8,000,000 of the funds appro-
priated by the Military Construction Appropriations Act, 1993 (Pub-
Uc Law 102-380; 106 Stot. 1366), pursuant to the authorization 
of appropriations in'section 2304(aXl) of the Military Construction 
Authorization Act for Fiscal Year 1993 (division B of Public Law 
102-484; 106 Stat. 2596) for military construction relating to 
Lackland Air Force Base, Texas, as authorized in section 2301(a) 
of the Military Construction Authorization Act for Fiscal Year 1993. 
(b) USE OF FUNDS.—^All funds transferred pursuant to sub-
section (a) shall be used by the Lackland Independent School Dis-
trict to pay for the design and construction of a new secondary 
school, tJie renovation of an elementary school, and the design 
and construction of a new kindergarten and special education 
facility. 
107 STAT. 1874 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2310. TRANSFER OF FUNDS FOR CONSTRUCTION OF FAMILY 
HOUSING, SCOTT AIR FORCE BASE, ILLINOIS. 
(a) TRANSFER REQUIRED.—The Secretarjr of the Air Force shall 
transfer to the County of St. Clair, Illinois (in this section referred 
to as the "Countv"), all funds made available for the construction 
of militarv family hoiising at Scott Air Force Base, Illinois, as 
authorized in section 2302(a) of the Military Construction 
Authorization Act for Fiscal Year 1993 (division B of Public Law 
102-484; 106 Stat. 2595). 
(b) USE OF FUNDS.—All funds transferred pursuant to sub-
section (a) shall be used by the County for the construction, at 
a location acceptable to the Secretary, of a family housing complex 
to replace the Cardinal Creek Housing Complex at Scott Air Force 
Base. 
SEC. 2311. INCREASE IN AUTHORIZED UNIT COST FOR CERTAIN FAM-
ILY HOUSING, RANDOLPH AIR FORCE BASE, TEXAS. 
Section 2303(b) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1635) 
is amended in the item relating to Randolph Air Force Base, Texas, 
by striking out "$78,000" and inserting in lieu thereof "$95,000". 
TITLE XXIV—DEFENSE AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(aXl) 
and, in the case of the project described in section 2403(b)(2), 
other amounts appropriated pursuant to authorizations enacted 
after this Act for that project, the Secretary of Defense may acquire 
real property and carry out military construction projects for the 
installations and locations inside the United States, and in the 
amoimts, set forth in the following table: 
. Defense Agencies: Inside the United States 
Agency 
Defense Logistics 
Defense Medical Fa-
Installation or location 
Defense Reutilization and Market-
ing Oflice, Fairbanks, Alaska 
Defense Reutilization and Market-
ing Office, March Air Force 
Defense Fuel Support Point, Pearl 
Defense Construction Supply Gen-
Defense Reutilization and Market-
ing Oflice, Hill Air Force Base, 
Utah 
Defense General Supply Center, 
Richmond, Virginia 
Cannon Air Force Base, New Mex-
ico 
Edwards Air Force Base, Califor-
Amount 
$6,500,000 
$630,000 
$2,250,000 
$3,100,000 
$1,700,000 
$17,000,000 
$5,200,000 
$13,600,000 
$1,700,000 
PUBLIC LAW 103-160—NOV. 30, 1993 
Defense Agencies: Inside the United States 
107 STAT. 1875 
Agency 
National Security 
Agency 
Office Secretary of 
Defense 
Section 6 Schools .. 
Special Operations 
Force 
Installation or location 
Ellsworth Air Force Base, South 
Dakota 
Fairchild Air Force Base, Wash-
ington 
Fort Detrick, Maryland 
Fort Eustis, Virginia 
Fort Sam Houston, Texas 
Grand 
Forks Air 
Force 
Base, 
North Dakota 
Marine Corps Air Station, Yuma, 
Arizona 
Navsil Education Training Center, 
Rhode Island 
OfTutt Air Force Base, Nebraska ... 
Fort Meade, Maryland 
CONUS Classified 
Camp Lejeune, North Carolina 
Fort Bragg, North Carolina 
Fort Campbell, Kentucky 
Fort Knox, Kentucky 
Fort McClellan, Alabama 
Fort Polk, Louisiana 
Quantico Marine Corps Base, Vir-
ginia 
Robins Air Force Base, Georgia 
Eglin Auxiliary Field No. 9, Flor-
ida 
Fort Campbell, Kentucky 
Fort Bragg, North Carolina 
Little Creek Naval Amphibious 
Base, Virginia 
Olmstead Field, Pennsylvania 
Amount 
$1,400,000 
$8,250,000 
$4,300,000 
$3,650,000 
$4,800,000 
$860,000 
$6,000,000 
$4,000,000 
$1,100,000 
$58,630,000 
$5,600,000 
$1,793,000 
$8,838,000 
$13,182,000 
$7,707,000 
$2,798,000 
$4,950,000 
$422,000 
$3,160,000 
$19,582,000 
$6,950,000 
$38,450,000 
$7,500,000 
$1,300,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(aX2), the Secretary of Defense may acquire real property 
and carry out miUtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Outside the United States 
Agency 
Defense Logistics 
Installation or location 
Amount 
$9,558,000 
107 STAT. 1876 
PUBLIC LAW 103-160-NOV. 30, 1993 
Defense Agencies: Outside the United States 
Agency 
Office Secretary of 
Installation or location 
Classified location 
Amount 
$10,755,000 
SEC. 2402. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(12), the Secretary of Defense may 
cany out energy conservation projects under section 2865 of title 
10, United States Code. 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—^Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1993, for 
military construction, land acquisition, and military family housing 
fimctions of the Department of Defense (other than the military 
departments), in the total amount of $3,268,394,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $266,902,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $20,313,000. 
(3) For military construction projects at Fort Sam Houston, 
Texas, hospital replacement, autnorized by section 2401(a) of 
the Military Construction Authorization Act, 1987 (division B 
of Public Law 99-661; 100 Stat. 4035), $50,000,000. 
(4) For military construction projects at Portsmouth Naval 
Hospital, Virginia, authorized by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of Public Law 101-189; 103 Stat. 1640), $20,000,000. 
(5) For military construction projects at Walter Reed 
Institute of Research, Maryland, autnorized by section 2401(a) 
of the Military Construction Authorization Act for Fiscal Year 
1993 (division B of Public Law 102-484; 106 Stat. 2599), 
$15,000,000. 
(6) For military construction projects at Elmendorf Air 
Force Base, Alaska, hospital replacement, authorized by section 
2401(a) of the Military Construction Authorization Act for Fis-
cal Year 1993 (division B of Public Law 102-484; 106 Stat. 
2599), $37,000,000. 
(7) For military construction projects at Fort Bragg, North 
Carolina, hospital replacement, authorized by section 2401(a) 
of the Military Construction Authorization Act for Fiscal Year 
1993 (division B of Public Law 102-484; 106 Stat. 2599), 
$35,000,000. 
(8) For military construction projects at Millington Naval 
Air Station, Tennessee, authorized by section 2401(a) of the 
Military Construction Authorization Act for Fiscal Year 1993 
(division B of Public Law 102-484; 106 Stat. 2599), $5,000,000. 
(9) For imspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $21,658,000. 
(10) For contingency construction projects of the Secretary 
of Defense imder section 2804 of title 10, United States Code, 
$12,200,000. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1877 
(11) For architectural and engineering services and for 
construction design under section 2807 of title 10, United States 
Code, $42,406,000. 
(12) For energy conservation projects authorized by section 
2402, $50,000,000. 
^ 
(13) For base closure and realignment activities as author-
ized by title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note), $12,830,000. 
(14) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of 
1990 (part A of title X
X
D
C of Public Law 101-510; 10 U.S.C. 
2687 note): 
(A) For military installations approved for closure or 
realignment in 1991, $1,526,310,000. 
(B) For military installations approved for closure or 
realignment in 1993, $1,144,000,000. 
(15) For military family housing functions (including func-
tions described in section 2833 of title 10, United States Code), 
$27,496,000, of which not more than $22,882,000 may be obli-
gated or expended for the leasing of military family housing 
units worldwide. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variations 
authorized by law, the total cost of all projects carried out under 
section 2401 of this Act may not exceed— 
(1) the total amoimt authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
(2) $17,720,000 (the balance of the amount authorized 
under section 2401(a) for the construction of a supercomputer 
facility at Fort Meade, Maryland). 
SEC. 2404. TERMINATION OF AUTHOIUTY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) 
FISCAL YEAR 1992 
CONSTRUCTION PROJECTS.—Section 
2401(a) of the Militanr Construction Authorization Act for Fiscal 
Year 1992 (division B of Public Law 102-190; 105 Stat. 1528) 
is amended by striking out the following items: 
(1) Under the heading "
D
E
F
E
N
S
E L
O
G
I
S
T
I
C
S AGENCY**, the 
item relating to Dayton Defense Electronics Supply Station, 
Ohio. 
(2) Under the heading "DEFENSE MEDICAL FACILITIES 
OFFICE", the items relating to—-
(A) Homestead Air Force Base, Florida; and 
(B) Dallas Naval Air Station, Texas. 
(b) CONFORMING AMENDMENTS.—Section 2404 of such Act (105 
Stat. 1531) is amended— 
(1) in subsection (a)— 
(A) by striking out "$1,680,940,000'* and inserting in 
lieu thereof "$1,665,440,000"; and 
(B) by striking out "$434,500,000" in paragraph (1) 
and inserting in lieu thereof "$419,000,000"; and 
(2) in subsection (c)— 
(A) by inserting "and" in paragraph (1) after the semi-
colon; 
107 STAT. 1878 
PUBLIC LAW 103-160—NOV. 30, 1993 
(B) by striking out **; and" at the end of paragraph 
(2) and inserting in lieu thereof a period; and 
(C) by striking out paragraph (3). 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION INFRASTRUCTURE 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Infrastructure Program as provided 
in section 2806 of title 10, United States Code, in an amoimt 
not to exceed the simi of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Fimds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1993, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Infrastructure Program 
as authorized by section 2501, in the amoimt of $140,000,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
There are authorized to be appropriated for fiscal years begin-
ning after September 30, 1993, for the costs of acquisition, architec-
tural and engineering services, and construction of facilities for 
the Guard and Reserve Forces, and for contributions therefor, under 
chapter 133 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$283,483,000; and 
(B) for the Army Reserve, $101,433,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $25,013,000. 
(3)For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$236,341,000; and 
(B) for the Air Force Reserve, $73,927,000. 
SEC. 2602. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPRO-
PRIATED FOR RESERVE 
MILITARY CONSTRUCTION 
PROJECTS. 
(a) FISCAL YEAR 1993 AUTHORIZATIONS.—Section 2601 of the 
Military Construction Authorization Act for Fiscal Year 1993 (divi-
sion B of Public Law 102-484; 106 Stat. 2602) is amended— 
(1) in paragraph (2), by striking out "$17,200,000" and 
inserting in lieu thereof "$10,700,000"; and 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1879 
(2) in paragraph (3XB), by striking out "36,580,000" and 
inserting in lieu thereof "34,880,000". 
(b) FISCAL YEAR 1992 AUTHORIZATION.—Section 2601(2) of the 
Military Construction Authorization Act for Fiscal Year 1992 (divi-
sion B of Public Law 102-190; 105 Stat. 1534) is amended by 
striking out "$56,900,000" and inserting in lieu thereof 
"$31,800,000". 
(c) FISCAL YEAR 199]L AUTHORIZATIONS.—Section 2601 of the 
Military Construction Authorization Act for Fiscal Year 1991 (divi-
sion B of PubUc Law 101-510; 104 Stat. 1781) is amended— 
(1) in paragraph (2), by striking out "$80,307,000" and 
inserting in lieu thereof "$78,667,000"; 
(2) in paragraph (3XA), as amended by section 2602(aX2) 
of the Mihtary Constiniction Authorization Act for Fiscal Year 
1992 (division B of F'ublic Law 102-190; 105 Stat. 1535), by 
striking out "$176,290,000" and inserting in lieu thereof 
"$171,090,000"; and 
(3) in paragraph (3XB), as amended by section 2602(aX3) 
of the Military Constriction Authorization Act for Fiscal Year 
1992 (division B of Public Law 102-190; 105 Stat. 1535) and 
section 2602(c) of the Military Construction Authorization Act 
for Fiscal Year 1993 (division B of Public Law 102-484; 106 
Stat. 2602), by striking out "(B)" and all that follows through 
the period and inserting in lieu thereof "(B) for the Air Force 
Reserve, $32,350,000". 
(d) FISCAL YEAR 1990 AUTHORIZATIONS.—Section 2601 of the 
Military Construction Authorization Act for Fiscal Years 1990 and 
1991 (division B of Public Law 101-189; 103 Stat. 1645) is 
amended— 
(1) in paragraph (2), by striking out "$56,600,000" and 
inserting in lieu thereof "$54,250,000"; and 
(2) m paragraph (3XA), as amended by section 2602(bXl) 
of the Military Construction Authorization Act for Fiscal Year 
1992 (division B of Public Law 102-190; 105 Stat. 1535), by 
striking out "$195,628,000" and inserting in lieu thereof 
"$195,088,000". 
SEC. 2008. UNITED STATES ARMY RESERVE COMMAND HEAD-
QUARTERS FACILnY. 
(a) PROJECT AUTHORKSED.—^Using amounts appropriated pursu-
ant to the authorization of appropriations in section 2601(1XB), 
and other amounts appropriated pursuant to authorizations enacted 
after this Act for this project, the Secretary of the Army may 
construct at Fort McPherson, (jeorgia, a headquarters facility for 
the United States Army Reserve Command and may contract for 
architectural and engineeiing services and construction design serv-
ices in connection with such construction project. 
(b) LIMITATION ON TOTAL COST OF PROJECT.—The cost of the 
construction project authorized by subsection (a) may not exceed 
$36,400,000. 
(c) MULTIYEAR CONTRACT AUTHORIZED.—In order to carry out 
the construction project authorized in subsection (a), the Secretary 
may enter into a multiyear contract in advance of appropriations 
therefor. 
(d) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 2601(1XB), $15,000,000 shall be available to 
carry out the project authorized by subsection (a). 
107 STAT. 1880 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2604. LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS. 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total amount of all projects carried out under 
section 2601(1XB) may not exceed the total amount authorized 
to be appropriated under such section and $21,400,000 (the balance 
of the amoimt authorized for the construction of a command head-
quarters facility at Fort McPherson, Greorgia). 
TITLE XXVU—EXPIRATION AND 
EXTENSION OF AUTHORIZATIONS 
SEC. 2701. EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Infrastructure program 
(and authorizations of appropriations therefor) shall expire on the 
later of— 
(1) October 1,1996; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 1997. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Infrastructure program (and authorizations 
of appropriations therefor), for which appropriated funds have been 
obligated before the later o
f
— 
(1) October 1,1996; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 1997 for militcuy construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Infrastructure 
program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 
YEAR 1991 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701(b) of the Mili-
tary Construction Authorization Act for Fiscal Year 1991 (division 
B of Public Law 101-510, 104 Stat. 1782), authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
section 2101, 2201, 2301, or 2401 of that Act and extended by 
section 2702(a) of the Military Construction Authorization Act for 
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 
1535), shall remain in effect until October 1, 1994, or the date 
of the enactment of an Act authorizing funds for military construc-
tion for 
fiscal 
year 1995, whichever is later. 
(b) TABLES.—^The tables referred to in subsection (a) are as 
follows: 
PUBLIC LAW 103-160—NOV. 30, 1993 
Army: Extension of 1991 Project Authorizations 
107 STAT. 1881 
state 
Installation or lo-
cation 
Falcon Air Force 
Fort Leonard Wood 
Fort Myer 
Project 
Satellite Control 
Certification 
Facility 
Child Develop-
ment Center .... 
Child Develop-
ment Center .... 
Amount 
$1,450,000 
$3,050,000 
$2,150,000 
Navy: Extension of 1991 Project Authorization 
State 
Installation or lo* 
cation 
New l^ndon Naval 
Submarine Base . 
Project 
Thames River 
Amount 
$5,300,000 
Air Force: Extension of 1991 Project Authorizations 
State 
Installation or lo-
cation 
Clear Air Force 
King Salmon Air-
Sierra Army Depot 
Buckley Air Na-
tional Guard 
United States Air 
Force Academy ... 
Hickam Air Force 
Wheeler Air Force 
Project 
Alter Dormitory 
(Phase II) 
Vehicle Refuel 
Maintenance 
Shop 
Child Develop-
ment Center .... 
Consolidated 
Education & 
Training Facil-
ity 
Combat Arms 
Training & 
Maintenance 
Amount 
$5,000,000 
$2,500,000 
$3,650,000 
$4,550,000 
$15,000,000 
$6,100,000 
$1,400,000 
69-194 O - 94 - 30 : QL. 3 Part 2 
107 STAT. 1882 
PUBLIC LAW 103-160—NOV. 30, 1993 
Air Force: Extension of 1991 Project Authorizations 
State 
Texas 
Utah 
Installation or lo-
cation 
Tinker Air Force 
Dyess Air Force 
Base 
Hill Air Force Base 
Project 
AWACS Aircraft 
Fire Protection 
Corrosion Con-
trol Facility 
Depot Ware-
Amount 
$2,750,000 
$4,100,000 
$16,000,000 
Defense Agencies: Extension of 1991 Project Authorization 
State 
Installation or lo-
cation 
Defense Logistics 
Agency, Defense 
Reutilization and 
Marketing Office, 
Fort Meade 
Project 
Covered Storage 
Amount 
$9,500,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 
YEAR 1990 PROJECTS. 
(a) ExTENSlONS.~Notwithstanding section 2701(b) of the Mili-
tary Construction Authorization Act for Fiscal Years 1990 and 
1991 (division B of Public Law 101-189; 103 Stat. 1645), authoriza-
tions for the projects set forth in the table in subsection (b), as 
E
rovided in section 2301 of that Act (103 Stat. 1631) and extended 
y section 2702(b) of the Military Construction Authorization Act 
for Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 
1535) and section 2702 of the Military Construction Authorization 
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 
Stat. 2604), shall remain in effect until October 1, 1994, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 1995, whichever is later. 
(b) TABLE.—^The table referred to in subsection (a) is as follows: 
Air Force: Extension of 1990 Project Authorizations 
State 
Installation 
Lowry Air Force 
Project 
Computer oper-
ations facility .. 
Logistics support 
Amount 
$15,500,000 
$3,500,000 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1883 
SEC. 2704. EFFECmVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later o
f
— 
(1) October 1,1993; and 
(2) the date of the enactment of this Act. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—^Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. MILITARY FAMILY HOUSING LEASING PROGRAMS. 
(a) LEASES IN UNITED STATES, PUERTO RICO, OR GUAM.—Sub-
section (b) of section 2828 of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
"(4) At the beginning of each fiscal year, the Secretary con-
cerned shall adjust thci maximum lease amount provided for under 
paragraphs (2) and (3) for the previous fiscal year by the percentage 
(if any) by which the Consumer Price Index for All Urban Consum-
ers, pubUshed by the Bureau of Labor Statistics, during the preced-
ing fiscal year exceeds such Consumer Price Index for the fiscal 
year before such preceding fiscal year.". 
(b) LEASES IN FOREIGN COUNTRIES.—Subsection (e) of such 
section is amended— 
(1) in the first sentence of paragraph (1), by striking out 
"as adjusted for foreign currency fluctuation from October 1, 
1987." and inserting in lieu thereof ", except that 300 units 
may be leased in foreign countries for not more than $25,000 
per unit per year.";; 
(2) in the second sentence of paragraph (1), by striking 
out "That maximum lease amount" and inserting in lieu thereof 
"These maximum lease amounts"; and 
(3) by redesignating paragraph (2) as paragraph (4); and 
(4) by inserting after paragraph (1) the following new para-
graphs: 
"(2) In addition to the 300 units of family housing referred 
to in paragraph (1) for which the maximum lease amount is $25,000 
per unit per year, the Secretary of the Navy may lease not more 
than 2,000 units of family housing in Italy subject to that maximum 
lease amount. 
"(3) The Secretar};' concerned shall adjust the maximum lease 
amoiuits provided for under paragraphs (1) and (2) for the previous 
fiscal year— 
"(A) for foreign currency fluctuations from October 1, 1987; 
and 
"(B) at the beginning of each fiscal year, by the percentage 
(if any) by which the Consumer Price Index for All Urban 
Consumers, published by the Bureau of Labor Statistics, during 
the preceding fiscal year exceeds such Consumer Price Index 
for the fiscal year before such preceding fiscal year.". 
107 STAT. 1884 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2802. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND 
COGENERATION PRODUCTION FACILITIES. 
(a) AVAILABIUTY OF PROCEEDS FOR CERTAIN CONSTRUCTION 
PROJECTS.—Subsection (b) of section 2483 of title 10, United States 
Code, is amended— 
(1) by inserting "(ir after "(b)"; and 
(2) by adding at the end the following new paragraph: 
"(2) Subject to the availability of appropriations for this pur-
pose, proceeds credited under paragraph (1) may be used to carry 
out military construction projects under the energy performance 
plan developed by the Secretary of Defense under section 2865(a) 
of this title, including minor military construction projects author-
ized under section 2805 of this title that are designed to increase 
energy conservation.". 
(b) NOTIFICATION REGARDING PROJECTS.—Such section is fur-
ther amended by adding at the end the following new subsection: 
"(c) Before carrying out a military construction project described 
in subsection (b) using proceeds from sales imder subsection (a), 
the Secretary concerned shall notify Congress in writing of the 
project, the justification for the project, and the estimated cost 
of the project. The project may be carried out only after the end 
of the 21-day period beginning on the date the notification is 
received by Congress.". 
SEC. 2803. AUTHORITY FOR MILITARY DEPARTMENTS TO PARTICI-
PATE IN WATER CONSERVATION PROGRAMS. 
(a) AUTHORITY.—Subchapter III of chapter 169 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 2866. Water conservation at military installations 
"(a) WATER CONSERVATION ACTIVITIES.—<1) The Secretary of 
Defense shall permit and encourage each military department, 
Defense Agency, and other instrumentality of the Department of 
Defense to participate in programs conducted by a utility for the 
management of water demand or for water conservation. 
"(2) The Secretary of Defense may authorize a military installa-
tion to accept a financial incentive (including an agreement to 
reduce the amount of a future water bill), goods, or services gen-
erally available from a utility, for the purpose of adopting tech-
nologies and practices that— 
"(A) relate to the management of water demand or to 
water conservation; and 
"(B) as determined by the Secretory, are cost effective 
for the Federal Grovemment. 
"(3) Subject to paragraph (4), the Secretary of Defense may 
authorize the Secretory of a militory department having jurisdiction 
over a militory installation to enter into an agreement with a 
utility to design and implement a cost-effective program that pro-
vides incentives for the management of water demand and for 
water conservation and that addresses the requiremento and cir-
cumstances of the installation. Activities under the program may 
include the provision of water management services, the alteration 
of a facility, and the installation and maintenance by the utility 
of a water-saving device or technology. 
"(4KA) If an agreement under paragraph (3) provides for a 
utility to pay in advance the financing costo for the design or 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1885 
implementation of a program referred to in that paragraph and 
for such advance payment to be repayed by the United States, 
the cost of such advance payment may be recovered by the utiHty 
under terms that are not less favorable than the terms applicable 
to the most favored customer of the utility. 
"(B) Subject to the availability of appropriations, a repayment 
of an advance payment under subparagraph (A) shall be made 
from funds available to a military department for the purchase 
of utility services. 
"(C) An agreement imder paragraph (3) shall provide that title 
to a water-saving device or technology installed at a military 
installation pursuant to the agreement shall vest in the United 
States. Such title may vest at such time during the term of the 
agreement, or upon esipiration of the agreement, as determined 
to be in the best interests of the United States. 
"(b) USE OF WATER COST SAVINGS.—Water cost savings realized 
imder this section shall be used as provided in section 2865(bX2) 
of this title. 
"(c) WATER CONSERVATION CONSTRUCTION PROJECTS.—(1) The 
Secretary of Defense may carry out a militaiy construction project 
for water conservation, not previotisly authorized, using funds 
appropriated or otherwise made available to the Secretary for water 
conservation. 
"(2) When a decision is made to carry out a project under 
paragraph (1), the Secretary of Defense shall notify the Committees 
on Armed Services and Appropriations of the Senate and House 
of Representatives of that decision. Such project may be carried 
out only after the end of the 21-day period beginning on the date 
the notification is received by such committees.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
"2866. Water conservation at military installations.". 
SEC. 2804. CLARIFICATION OF ENERGY CONSERVATION MEASURES 
FOR THE DEPARTMENT OF DEFENSE. 
(a) ENERGY EFFICIENT MAINTENANCE.—Subsection (a) of section 
2865 of title 10, United States Code, is amended— 
(1) in paragraph (3), by inserting ", including energy effi-
cient maintenance, after "conservation measures"; and 
(2) by adding at the end the following new paragraph: 
"(4) In paragraph (3), the term 'energy efficient maintenance' 
includes— 
"(A) the repair by replacement of equipment or systems, 
such as lighting, heating, or cooling equipment or systems 
or industrial processes, with technology that--
"(i) will achieve the most cost-effective energy savings 
over the life-cycle of the equipment or system being 
repaired; and 
"(ii) will meet the same end needs as the equipment 
or system being repaired; and 
"(B) improvements in an operation or maintenance process, 
such as improved training or improved controls, that result 
in reduced costs through energy savings". 
(b) USE OF SAVINGS; AND USE OF PROCEEDS FROM ELECTRICITY 
SALES.—Subsection (b)ofsuch section is amended— 
(1) in paragraph (1)— 
107 STAT. 1886 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) by striking out The Secretary shall provide that 
two-thirds" and inserting in lieu thereof "Two-thirds"; and 
(B) by striking out "for any fiscal ye£ur beginning after 
fiscal year 1990"; and 
(2) in paragraph (2), by striking out "(2) The amount" 
and all that follows through "the Secretary of Defense." and 
inserting in lieu thereof the following: 
"(2) The Secretary shall provide that the amount that remains 
available for obligation under paragraph (1) and section 2866(b) 
of this title, and tne funds made available under section 2483(bX2) 
of this title, shall be tised as follows: 
"(A) One-half of the amount shall be used for the 
implementation of additional energy conservation measures and 
for water conservation activities at such buildings, facilities, 
or installations of the Department of Defense as may be des-
ignated (in accordance with regulations prescribed by the Sec-
retary of Defense) by the head of the department, agency, 
or instrumentality that realized the savings referred to in para-
graph (1) or in section 2866(b) of this title. . 
(c) COVERED UTILITIES.—Subsection (dXD of such section is 
amended by adding before the period the following: "or by any 
utility for water conservation activities". 
SEC. 2805. AUTHORITY TO ACQUIRE EXISTING FACILITIES IN LIEU OF 
CARRYING OUT CONSTRUCTION AUTHORIZED BY LAW. 
(a) ACQUISITION AUTHORITY.—(1) Subchapter I of chapter 169 
of title 10, United States Code, is amended by adding at the end 
the following: 
*
*
§ 2813. Acquisition of existing facilities in lieu of authorized 
construction 
"(a) ACQUISITION AUTHORITY.—^Using fimds appropriated for 
a military construction project authorized by law for a military 
installation, the Secretary of the military department concerned 
may acquire an existing facility (including the real property on 
which the facility is located) at or near the military installation 
instead of carrying out the authorized military construction project 
if the Secretary determines that— 
"(1) the acquisition of the facility satisfies the reqmrements 
of the military department concerned for the authorized mili-
tary construction project; and 
"(2) it is in the best interests of the United States to 
acquire the facility instead of carrying out the authorized mili-
tary construction project. 
"(b) MODIFICATION OR CONVERSION OF ACQUIRED FACILITY.— 
(1) As part of the acquisition of an existing facility under subsection 
(a), the Secretary of the military department concerned may carry 
out such modifications, repairs, or conversions of the facility as 
the Secretary considers to be necessary so that the facility satisfies 
the requirements for which the military construction project was 
authorized. 
"(2) The costs of anticipated modifications, repairs, or conver-
sions luider paragraph (1) are required to remain within the author-
ized amount of the military construction project. The Secretary 
concerned shall consider such costs in determining whether the 
acquisition ofan existing facility is— 
note. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1887 
"(A) more cost effective than canying out the authorized 
military construction project; and 
"(B) in the best interests of the United States. 
"(c) NOTICE AND WAIT REQUIREMENTS.—A contract may not 
be entered into for the acquisition of a facility under subsection 
(a) until the end of the 30-day period beginning on the date the 
Secretary concerned transmits to the Committees on Armed Services 
and the Committees on Appropriations of the Senate and House 
of Representatives a written notification of the determination to 
acquire an existing facility instead of carrying out the authorized 
military construction project. The notification shall include the rea-
sons for acquiring the facility.". 
(2) The table of sections at the beginning of subchapter I 
of such chapter is amended by adding at the end the following: 
"2813. Acquisition of existing facilities in lieu of authorized construction.". 
(b) APPLICABILITY OF SECTION.—Section 2813 of title 10, United lo use 28i3 
States Code, as added by subsection (a), shall apply with respect 
to military construction projects authorized on or after the date 
of the enactment of this Act. 
SEC. 2806. CLARIFICATION OF PARTICIPATION IN DEPARTMENT OF 
STATE HOUSING POOLS. 
Section 2834(b) of title 10, United States Code, is amended 
to read as follows: 
"(b) The maximum lease amoimts specified in section 2828(eXl) 
of this title for the rental of family housing in foreign countries 
shall not apply to housing made available to the Department of 
Defense under this section. To the extent that the lease amoimt 
for units of housing made available under this subsection exceeds 
such maximum lease amounts, such units shall not be counted 
in applying the limitation contained in such section on the number 
of units of family housing for which the Secretary concerned may 
waive such maximum lease amounts.". 
SEC. 2807. EXTENSION OF AUTHORITY TO LEASE REAL PROPERTY 
FOR SPECIAL OPERATIONS ACTIYITIES. 
(a) EXTENSION OF AUTHORITY.—Section 2680(d) of title 10, 
United States Code, is amended by striking out "September 30, 
1993." and inserting in lieu thereof "September 30,1995.". 
(b) EXTENSION OF REPORTING REQUIREMENT.—Section 2863(b) 
of the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102-190; 10 U.S.C. 2680 note) is amended 
by striking out "March 1, 1993, and March 1, 1994," and inserting 
in lieu thereof "March 1 of each of the years 1994, 1995, and 
1996,". 
Subtitle B—Land Transactions Generally 
SEC. 2811. LAND CONVEYANCE, BROWARD COUNTY, FLORIDA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey to Broward Coimty, Florida (in this section referred to 
as the "County), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
consisting of approximately 18.45 acres and comprising a portion 
of Fort Lauderdale-Hollywood International Airport, Florida. 
107 STAT. 1888 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) CONSIDERATION.—The County shall provide the United 
States with consideration for the real property conveyed under 
subsection (a) that is equal to at least the fair market value of 
the property conveyed. The County shall provide consideration by 
one of the following methods, to be selected by the Secretary: 
(1) Constructing (or paying the costs of constructing) at 
a location selected by the Secretary within Broward County, 
Florida, a suitable facility to replace the improvements con-
veyed under subsection (a). 
(2) Paying to the United States an amount equal to the 
fair market value of the real property conveyed under sub-
section (a). 
(c) REQUIREMENT RELATING TO CONSTRUCTION.—If the County 
constructs (or pays the costs of constructing) a replacement facility 
under subsection (bXD, the Coun^ shall pay to the United States 
the amount, if any, by which the mir market value of the property 
conveyed under subsection (a) exceeds the fair market value of 
the replacement facility. 
(d) REPLACEMENT FACILITY.—If the County pays the fair market 
value of the real property under subsection (bX2) as consideration 
for the conveyance authorized under subsection (a), the Secretary 
shall use the amoimt paid by the County to construct a suitable 
facility to replace the improvements conveyed under subsection 
(a). 
(e) DEPOSIT OF PROCEEDS.—^The Secretary shall deposit in the 
account established imder section 204(h) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 485(h)) any 
amount paid to the United States under this section that is not 
used for the piirpose of constructing a replacement facility under 
subsection (d). 
(0 DETERMINATION OF FAIR MARKET VALUE.—The Secretary 
shall determine the fair market value of the real property to be 
conveyed under subsection (a) and of the improvements, if any, 
constructed under subsection (bXD. Such determination shall be 
final. 
(^) DESCRIPTION OP PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey that is satisfactory to the 
Secretary. The cost of the survey shall be borne by the Coimty. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection >vitn 
— the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2812. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIR-
GINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the City of Virginia Beach, Virginia (in this section 
referred to as the "City"), all right, title, and interest of the United 
States in and to a parcel of real property included on the real 
property inventory oi Naval Air Station Oceana in Virginia Beach, 
Virginia, and consisting of approximately 3.5 acres. As part of 
the conveyance of such parcel, the Secretary shall grant tne City 
an easement on such additional acreage as may be necessary to 
provide adequate ingress and egress to the parcel. 
(b) CONSIDERATION.—^As consideration for the convevance and 
easement imder subsection (a), the City shall pay to the United 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1889 
States an amount equial to the fair market value of the property 
to be conveyed and the fair market value of the easement to 
be granted. The Secretary shall determine the fair market value 
of the property and easement, and such determination shall be 
final. 
(c) CONDITION OF CONVEYANCE.—The conveyance authorized 
by subsection (a) shall be subject to the condition that the City 
may use the property conveyed only for the following purposes: 
(1) The maintcinance, repair, storage, and berthing of ero-
sion control and beiach replenishment equipment and materiel, 
including a dredge. 
(2) The berthing of police boats. 
(3) The provision of operational and administrative person-
nel space r^ated to the purposes specified in paragraphs (1) 
and (2). 
(d) REVERSION.—^All right, title, and interest of the City in 
and to the property conveyed under subsection (a) (including any 
improvements thereon) and the easement granted under such sub-
section shall revert to the United Stetes, and the United Stetes 
shall have the right of immediate reentry on the property, if the 
Secretery determines— 
(1) at any time, that the property conveyed under sub-
section (a) is not being used for the purposes specified in 
subsection (c); or 
(2) at the end of the 10-year period beginning on the 
date of the conveyance, that no significant improvements associ-
ated with the purposes specified in subsection (c) have been 
constructed on the property. 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed imder subsection (a) 
and the easement to be granted under such subsection shall be 
determined by a survey satisfactory to the Secretery. The cost 
of such survey shall be borne by the City. 
(0 ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection witn 
the conveyance and easement under subsection (a) as the Secretery 
considers appropriate to protect the interests of the United Stetes. 
SEC. 2813. LAND CONVEYANCE, CRANEY ISLAND FUEL DEPOT, NAVAL 
SUPPLY CENTER, VIRGINIA. 
(a) CONVEYANCE REQUIRED.—The Secretery of the Navy shall 
convey to the City of Portsmouth, Virginia, all right, title, and 
interest of the United States in and to a parcel of real property 
consisting of approximately 135.7 acres, including improvemente 
thereon, comprising a portion of the Craney Island Fuel Depot, 
Naval Supply Center, Norfolk, Virginia. However, the parcel of 
real property to be conveyed under this section shall not include 
sites 3 and 12, as defined in Item 6 of the Greneral Lease No. 
LO-267 N62470-89-RP-00156 between the City and the United 
Stetes, dated Decembei 15,1992. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term "City^ means the City of Portemouth, Virginia. 
(2) The term "Craney Island parcel" means the real prop-
erty described in subsection (a) that is required to be conveyed 
under this section. 
(3) The term "sites 3 and 12" means the parcels specifically 
excluded by subsection (a) from the conveyance. 
107 STAT. 1890 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) CONDITIONS OF CONVEYANCE.—(1) The City shall accept 
conveyance of the Craney Island parcel under subsection (a) as 
a potentially responsible party with respect to such parcel pursuant 
to section 120(hX3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9260(hX3)). 
(2) Nothing in this section shall alter any liability of the United 
States under section 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9607(a)), section 7003 of the Solid Waste Disposal Act (42 U.S.C. 
6973), or any similar State or local environmental law or regulation 
vdth respect t o ^ 
(A) the Craney Island parcel; or 
(B) sites 3 and 12. 
(d) CONSIDERATION.—As consideration for the conveyance of 
the Craney Island parcel under subsection (a), the City shall pay 
to the United States an amount equal to the fair market value 
of the Craney Island parcel. Using normal and customary proce-
dures for determining the fair market value of real property, the 
Secretary shall determine the fair market value of the Craney 
Island parcel in consultation with the City Manager of the City. 
Such determination shall be final. 
(e) 
DEPOSIT OF PROCEEDS.—^The Secretary shall deposit 
amounts received as consideration for the conveyance luider sub-
section (a) in the special account established pursuant to section 
204(h) of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 485(h)). 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the Craney Island parcel and sites 3 and 12 shall 
be determined by a survey satisfactory to the Secretary and the 
City Manager of the City. The cost of each survey shall be borne 
by the City. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance of the Craney Island parcel as the Secretary consid-
ers appropriate to protect the interests of the United States and 
are agreed to by the City. 
SEC. 2814. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey to Peck Iron and Metal Company, Inc. (in this section 
referred to as "Peck"), all right, title, and interest of the United 
States in and to a parcel of real property consisting of approximately 
1.45 acres, including improvements thereon, located in Portsmouth, 
Virginia, that, on the date of the enactment of this Act, is leased 
to Peck pursuant to Department of the Navy lease N62470-91-
RP-00261, effective August 1,1991. 
(b) CONSIDERATION.—^As consideration for the conveyance imder 
subsection (a). Peck shall pay to the United States an amoimt 
equal to the fair market value of the property to be conveyed, 
as determined by the Secretary. 
(c) DEPOSIT OF PROCEEDS.—^The Secretary shall deposit in the 
special account established under section 204(h) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)) 
the amount received from Peck under subsection (b). 
(d) CONDITIONS OF CONVEYANCE.—(1) The conveyance author-
ized by subsection (a) shall be subject to the condition that Peck 
accept conveyance of the property as a potentially responsible party 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1891 
with respect to the property pursuant to section 120(hX3) of the 
Comprehensive 
Environmental 
Response, 
Compensation, and 
Liability Act of 1980 (42 U.S.C. 9260(hX3)). 
(2) Nothing in this section shall alter anv liability of the United 
States xrnder section 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9607(a)), section 7003 of the Solid Waste Disposal Act (42 U.S.C. 
6973), or any similar State or local environmental law or regulation 
with respect to the property conveyed under subsection (a). 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of such survey shall be borne by Peck. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2815. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, 
IOWA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Middletown, Iowa (in this section referred 
to as the "City"), all right, title, and interest of the United States 
in and to a parcel of real property (including improvements thereon) 
consisting of approximately 127 acres at the Iowa Army Ammuni-
tion Plant, Iowa. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount 
equal to the fair market value of the property to be conveyed. 
The Secretary shall determine the fair market value of the property, 
and such determination shall be final. 
(c) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined Iby a survey that is satisfactonr to the Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2816. LAND CONVEYANCE, RADAR BOMB SCORING SITE, CONRAD, 
MONTANA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the City of Conrad, Montana 
(in this section referred to as the "Clity"), all right, title, and interest 
of the United Stetes in and to the parcel of real property consisting 
of approximately 42 acres located in Conrad, Montiana, which has 
served as the location of a support complex, recreational facilities, 
and family housing for the Radar Bomb Scoring Site, Conrad, 
Montana, together with any improvements thereon. 
(b) CONDITION OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
City— 
(1) utilize the property and recreational facilities conveyed 
under that subsection for housing and recreation purposes; 
or 
(2) enter into an agreement with an appropriate public 
or private entity to lease such property and facilities to that 
entity for such uses. 
107 STAT. 1892 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) REVERSION.—If the Secretary determines at any time that 
the property conveyed under subsection (a) is not being utilized 
in accordance with subsection (b) all right, title, and interest in 
and to the property conveyed pursuant to such subsection, including 
any improvements thereon, shall revert to the United States and 
the Umted States shall have the right of immediate entry onto 
the property. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost 
of such survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2817. LAND CONVEYANCE, CHARLESTON, SOUTH CAROLINA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the Division of Public Railways, South Carolina Depart-
ment of Commerce (in this section referred to as the "Railwaj^) 
all right, title, and interest of the United States in and to a parcel 
of real property consisting of approximately 10.9 acres and compris-
ing a portion of the Charleston Naval Weapons Station South 
Annex, North Charleston, South Carolina. 
(b) CONSIDERATION.—^As consideration for the conveyance of 
the real property under subsection (a), the Railway shall pay to 
the United States an amount equal to the fair market value of 
the conveyed property, as determined by the Secretary. 
(c) USE AND DEPOSIT OF PROCEEDS.—The Secretary may use 
the proceeds received from the sale of property authorized by this 
section to pay for the cost of any environmental restoration of 
the property bein^ conveyed. Any proceeds which remain after 
any necessary environmental restoration has been completed shall 
be deposited in the special account established under section 204(h) 
of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 485(h)). 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of such survey shall be borne by the Railway. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary mav 
require such additional terms and conditions in connection Mdth 
the conveyance authorized by subsection (a) as the Secretary consid-
ers appropriate to protect the interests of the United States. 
SEC. 2818. LAND CONVEYANCE, FORT MISSOULA, MONTANA. 
(a) LAND USE DETERMINATION.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of the Army 
shall determine whether a parcel of land consisting of approximately 
11 acres, and improvements thereon, located in Fort MissoiQa, 
Missoula Coimty, Montena, is excess to the needs of the Department 
of the Army. 
(b) CONVEYANCE AUTHORIZED.—If the Secretary determines 
that the property identified in subsection (a) is excess to the needs 
of the Department of the Army, the Secretary may convey all 
right, title, and interest of the United States in and to the property 
to the Northern Rockies Heritage Center, a nonprofit corporation 
incorporated in the State of Montena and held to be exempt from 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1893 
taxation under section 501(cX3) of the Internal Revenue Code of 
1986. 
(c) CONDITIONS.—^The conveyance authorized in subsection (b) 
shall be subject to the conditions that— 
(1) the property conveyed may be used only for historic, 
cultural, or educational purposes; 
(2) the Northern Rockies Heritage Center shall enter into 
an agreement with the Secretary of Agriculture concerning 
the use of the property by the Department of Agriculture; 
(3) the Nortnem Rockies Heritage Center shall indemnify 
the United States against all liability in connection with any 
hazardous materials, substances, or conditions that may be 
found on the property; and 
(4) the Northern Rockies Heritage Center shall, prior to 
the conveyance and for the first year of operation of the North-
em Rockies Heritage Center after the conveyance, establish, 
to the satisfaction of the Secretary of the Army, that it has 
the ability to maintain the property described in subsection 
(a) for the purposes described in paragraph (1). 
(d) REVERSIONARY INTEREST.—If the property conveyed pursu-
ant to subsection (b) is used for purposes other than those specified 
in subsection (c)(1), all right, title, and interest to and in the 
property shall revert to the United States at no cost to the United 
States, which shall have immediate right of entiy on the land. 
(e) DESCRIPTION.—^The exact acreage and legal description of 
the property conveyed under subsection (b) shall be determined 
by surveys that the Secretary determines are satisfactory. The 
Northern Rockies Heritage Center shall pay the cost of any survey 
required by the Secretary. 
if) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
establish such additional terms and conditions in connection with 
the conveyance under subsection (b) as the Secretary considers 
appropriate to protect the interests of the United States. 
(g) CONGRESSIONAIL, NOTIFICATION.—If the Secretary determines 
that the property identified in subsection (a) is not excess to the 
needs of the Department of the Army, the Secretary shall notify 
Congress in writing of the plans of tne Department of the Army 
for maintaining and utilizing the property. Such notification shall 
be made not later than 60 days after the date of the enactment 
of this Act. 
SEC. 2819. LAND ACQUISITION, NAVY LARGE CAVITATION CHANNEL, 
MEMPHIS, TENNESSEE. 
\ 
(a) AUTHORITY TO ACQUIRE.—The Secretary of the Navy may 
^ 
acquire all right, title, and interest of any party in and to a parcel 
of real property, including improvements thereon, consisting of 
approximately 88 acres and located on President's Island, Memphis, 
Tennessee, the site of the Navy Large Cavitation Channel. 
(b) COST OF ACQUISITION.—In acquiring the real property 
authorized to be acquired under subsection (a), the Secretary shall 
pay no more than the fair market value of the property, as deter-
mined by an appraisal satisfactory to the Secretary. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property authorized to be acquired under 
subsection (a) shall be determined by a survey that is satisfactory 
to the Secretary. The cost of the survey shall be borne by the 
Secretary. 
107 STAT. 1894 
PUBLIC LAW 103-160—NOV. 30, 1993 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection witn 
the acquisition under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
(e) SOURCE OF FUNDS FOR ACQUISITION.—Funds for the acquisi-
tion of the real i)roperty authorized to be acquired under subsection 
(a) shall be available to the Secretary as provided in section 264. 
SEC. 2820. RELEASE OF REVERSIONARY INTEREST, OLD SPANISH 
TRAIL ARMORY, HARRIS COUNTY, TEXAS. 
(a) AUTHORITY TO RELEASE.—The Secretary of the Army may 
release the reversionary interest of the United States in and to 
approximately 6.89 acres of real property, including improvements 
thereon, containing the Old Spanish Trail Armory in Harris County, 
Texas. The United States acquired the reversionary interest by 
virtue of a quitclaim deed dated June 18,1936. 
(b) CONDITION.—^The Secretary may effectuate the release 
authorized in subsection (a) only after obtaining satisfactory assur-
ances that the State of Texas shall obtain, in exchange for the 
real property referred to in subsection (a), a parcel of real property 
that^ 
(1) is at least equal in value to the real property referred 
to in subsection (a), and 
(2) beginning on the date on which the State first obtains 
the new parcel of real property, is subject to the same restric-
tions and covenants with respect to the United States as are 
applicable on the date of the enactment of this Act to the 
real property referred to in subsection (a). 
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage 
and legal descriptions of the real property referred to in subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
SEC. 2821. GRANT OF EASEMENT, WEST LOCH BRANCH, NAVAL MAGA-
ZINE LUALUALEI, HAWAIL 
(a) IN GENERAL.—^The Secretary of the Navy may grant to 
the City and County of Honolulu, Hawaii (in this section referred 
to as "Honolulu"), an easement on a parcel of real propertv consist-
ing of not more than approximately 70 acres and located at West 
Loch Branch, Naval Magazine Lualualei, Hawaii. The purpose of 
the easement is to permit Honolulu to carry out drainage activities 
on such real property, and for other public purposes (as determined 
by the Secretary). 
(b) CONSIDERATION.—(1) As consideration for the grant of an 
easement to Honolulu imder subsection (a), Honolulu shall pay 
to the United States an amount equal to the fair market value 
of that easement, as determined by the Secretary. 
(2) The Secretary may accept from Honolulu, in lieu of payment 
under paragraph (1), such improvements (including road, fencing, 
property security, and other improvements) to West Loch Branch, 
Naval Magazine Lualualei, Hawaii, as the Secretary determines 
to be equal in fair market value to the easement granted under 
subsection (a). 
(c) USE OF PROCEEDS.—^The Secretary shall utilize any funds 
paid to the United States under subsection (b)(1) for the construc-
tion of improvements referred to in subsection (b)(2). 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property subject to the easement granted 
under this section shall be determined by a survey that is satisfac-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1895 
tory to the Secretary. The cost of the survey shall be borne by 
Honolulu. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2822. REVIEW OF PROPOSED LAND EXCHANGE, FORT SHERIDAN, 
ILLINOIS, AND ARLINGTON COUNTY, VIRGINIA. 
(a) REVIEW REQUIRED.—^The Secretary of Defense shall review 
a proposed exchange of lands under the control of the Secretary 
of the Army, and lands luider the control of the Secretary of the 
Navy, located at Fort Sheridan, Illinois, for a parcel of real property, 
consisting of approximately 7.1 acres, located in Arlington County, 
Virginia, and commonly known as the 'Twin Bridges' parcel. The 
review shall include an evaluation of the use of the 'Twin Bridges" 
parcel for the location of the National Museum of the United States 
Army, which is proposed to be constructed and operated on the 
parcel using only donated funds. 
(b) REPORT.—Not later than September 24, 1993, the Secretary 
shall submit to Congress a report describing the results of the 
review required under subsection (a). 
Subtitle C—Changes to Existing Land 
Transaction Authority 
SEC. 2831. MODIFICATION OF LAND CONVEYANCE, NEW LONDON, 
CONNECTICUT. 
(a) CONVEYANCE WITHOUT CONSIDERATION.—Subsection (a) of 
section 2841 of the Military Construction Authorization Act for 
Fiscal Year 1992 (division B of Public Law 102-190; 105 Stat. 
1557) is amended by inserting after "conve)r~ the following: ", with-
out consideration,". 
(b) 
CONFORMING AMENDMENTS.—Such section is 
further 
amended— 
(1) in subsection (b), by striking out paragraph (4); 
(2) by striking out subsection (c); and 
(3) by redesignating subsections (d) and (e) as subsections 
(c) and (d), respectively. 
SEC. 2832. MODIFICATION OF TERMINATION OF LEASE AND SALE OF 
FACILITIES, NAVAL RESERVE CENTER, ATLANTA, GEOR-
GIA. 
(a) CONSIDERATION.—Subsection (b) of section 2846 of the Mili-
tary Construction Authorization Act ifor Fiscal Year 1993 (division 
B of Public Law 102--i84; 106 Stat. 2623) is amended by striking 
out "aggregate" and all that follows through "subsection (aX2)*' 
and inserting in lieu thereof "lesser of the cost of expanding the 
Marine Corps Reserv(j Center to be constructed at Dobbins Air 
Force Base, Georgia, in accordance with subsection (cXD, or 
$3,000,000". 
(b) USE OF FUNDS.—Subsection (c) of such section is amended— 
(1) by striking out paragraph (2); 
(2) in paragraph (1)— 
(A) by striking out "(A)"; 
107 STAT. 1896 
PUBLIC LAW 103-160—NOV. 30, 1993 
(B) by striking out "subparagraph (B)" and inserting 
in lieu thereof "paragraph (2)"; and 
(C) by redesignating subparagraph (B) as paragraph 
(2); and 
(3) in paragraph (2), as so redesignated, by striking out 
"subparagraph (A)" and inserting in lieu thereof "paragraph 
(ir. 
(c) 
LEASEBACK OF FACILITIES.—Such section is 
further 
amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
"(d) LEASEBACK OF FACILITIES.—The Secretary may lease from 
the Institute, at fair market rental value, the facilities referred 
to in subsection (aX2) after the sale of such facilities referred 
to in that subsection. The term of such lease may not exceed 
2 years.". 
SEC. 2833. MODIFICATION OF LEASE AUTHORITY, NAVAL SUPPLY CEN-
TER, OAKLAND, CALIFORNIA. 
(a) EXPANSION OF LEASE AUTHORITY.—Paragraph (1) of sub-
section (b) of section 2834 of the Military Construction Authorization 
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 
Stat. 2614) is amended by striking out "not more than 195 acres 
of real property" and all that follows through the period and insert-
ing in lieu thereof "those portions of the Naval Supply Center, 
Oakland, California, that the Secretary determines to be available 
for lease.". 
(b) CONSIDERATION.—Paragraph (2) of such subsection is 
amended— 
(1) by striking out "and" at the end of subparagraph (A); 
(2) by striking out the period at the end of subparagraph 
(B) and inserting in lieu thereof "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(C) be for nominal consideration.". 
(c) CONFORMING AMENDMENTS.—Such subsection is further 
amended— 
(1) in paragraph (2)(B), by striking out "shall"; 
(2) by striking out paragraphs (3), (4), and (5); and 
(3) by redesignating paragraph (6) as paragraph (3). 
SEC. 2834. EXPANSION OF LAND TRANSACTION AUTHORITY INVOLV-
ING HUNTERS POINT NAVAL SHIPYARD, SAN FRANCISCO, 
CALIFORNIA. 
Section 2824(a) of the Military Construction Authorization Act 
for Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 
1790) is amended by adding at the end the following new paragraph: 
"(3) In lieu of entering into a lease under paragraph (1), the 
Secretary may convey the property described in such paragraph 
to the City (or a local reuse organization approved by the City) 
for such consideration and under such terms as the Secretary 
considers appropriate.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1897 
Subtitle D—Land Transactions Involving 
Utilities 
SEC. 2841. CONVEYANCE OF NATURAL GAS DISTRIBUTION SYSTEM, 
FORT BELVOIR, VIRGINIA. 
(a) AUTHORITY To CONVEY.—(1) The Secretary of the Army 
may convey to the Washington Gas Company, Virginia (in this 
section referred to as "Washington Gas Compan/'), all right, title, 
and interest of the United States in and to the natural gas distribu-
tion system described in paragraph (2). 
(2) The natural distribution gas system referred to in paragraph 
(1) is the natural gas distribution system located at Fort Belvoir, 
Virginia, consisting of approximately 15.6 miles of natural gas 
distribution lines and the equipment, fixtures, structures, and other 
improvements owned and utilized by the Federal Government at 
Fort Belvoir in order to provide natural gas to and distribute 
natural gas at Fort Belvoir. The natural gas distribution system 
does not include any real p>roperty. 
(b) 
RELATED 
EASEMENTS.—^The Secretary 
may grant 
to 
Washington Gas Company the following easements relating to the 
coni^eyance of the natural gas distribution system authorized by 
subsection (a): 
(1) Such easements, if any, as the Secretary and Washing-
ton Gas Company jointly determine are necessary in order 
to provide access to the natural gas distribution system for 
maintenance, safety, and other purposes. 
(2) Such rights of way appurtenant, if any, as the Secretary 
and Washington Gas Company jointly determine are necessary 
in order to satisfy requirements imposed by any Federal or 
State agency relating to the maintenance of a buffer zone 
around the natural gas distribution system. 
(c) REQUIREMENT REILATING TO CONVEYANCE.—The Secretary 
may not carry out the conveyance of the natural gas distribution 
system authorized in subsection (a) unless Washington Gas Com-
pany agrees to accept the system in its existing condition at the 
time of the conveyance. 
(d) CONDITIONS.—^The conveyance of the natural gas distribu-
tion system authorized by subsection (a) is subject to the following 
conditions: 
(1) That Washington Gas Company provide natural gas 
to and distribute natural gas at Fort Belvoir at a rate that 
is no less favorable than the rate Washington Gas Company 
would charge a public or private consumer of natural gas simi-
lar to Fort Belvoir for the provision and distribution of natursd 
gas. 
(2) That Washington Gas Company maintain, repair, con-
duct safety inspections, and conduct leak test surveys required 
for the natural gas distribution system. 
(3) That Washington Gas Company, at no cost to the Fed-
eral Government, expsind and upgrade the natural gas distribu-
tion system as necessary to meet the increasing needs of Fort 
Belvoir for natural gas that will result from conversion, to 
the extent anticipated by the Secretary at the time of convey-
ance, of oil-burning utilities at Fort Belvoir to natural gas-
burning utilities. 
107 STAT. 1898 
PUBLIC LAW 103-160—NOV. 30, 1993 
(4) That Washington Gas Company comply with all 
applicable environmental laws and regulations (including any 
permit or license requirements) in providing and distributing 
natural gas to Fort Belvoir through the natural gas distribution 
system. 
(5) That Washington Gas Company not commence any 
expansion of the natural gas distribution system without 
approval of such expansion by the commander of Fort Belvoir. 
(e) FAIR MARKET VALUE.—The Secretary shall ensure that the 
value to the Army of the actions taken by Washington Gas Company 
in accordance with subsection (d) is at least equal to the fair 
market value of the natural gas distribution system conveyed pursu-
ant to subsection (a). 
(f) REVERSION.—If the Secretary determines at any time that 
Washington Gas Company is not complying with the conditions 
set forth in subsection (d), all right, title, and interest of Washington 
Gas Company in and to the natural gas distribution system con-
veyed pursuant to subsection (a), including improvements thereto 
and any modifications made to the system by Washington Gas 
Company after such conveyance, and any easements granted under 
,~ 
subsection (b), shall revert to the United States and the United 
States shall have the right of immediate possession, including the 
right to operate the system. 
(g) DESCRIPTION OF PROPERTY.—^The exact legal description 
of the equipment, fixtures, structures, and improvements to be 
conveyed under subsection (a), and of any easements granted under 
subsection (b), shall be determined in a manner, including by sur-
vey, satisfactory to the Secretary. The cost of any survey or other 
services performed at the direction of the Secretary pursuant to 
the authority in the preceding sentence shall be borne by Washing-
ton Gas Company. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) and the grant of any easement 
under subsection (b) as the Secretary considers appropriate to pro-
tect the interests of the United States. 
SEC. 2842. CONVEYANCE OF WATER DISTRIBUTION SYSTEM, FORT 
LEE, VIRGINIA. 
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the Army 
may convey to the American Water Company, Virginia (in this 
section referred to as "American Water Company"), all right, title, 
and interest of the United States in and to the water distribution 
system described in paragraph (2). 
(2) The water distribution system described in paragraph (1) 
is the water distribution system located at Fort Lee, Virginia, 
consisting of approximately 7 miles of transmission lines, 85 miles 
of distribution and service lines, fire hydrants, elevated storage 
tanks, pumping stations, and other improvements, owned and uti-
lized by the Federal Government in order to provide water to 
and distribute water at Fort Lee. The water distribution system 
does not include any real property. 
(b) RELATED EASEMENTS.—^The Secretary may grant to Amer-
ican Water Company the following easements relating to the convey-
ance of the water distribution system authorized by subsection 
(a): 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1899 
(1) Such easements, if any, as the Secretary and American 
Water Compemy jointly determine are necessary in order to 
provide for access by American Water Company to the water 
distribution system for maintenance, safety, and related pur-
poses. 
(2) Such rights of way appurtenant, if any, as the Secretary 
and American Water Company jointly determine are necessary 
in order to satisfy requirements imposed by any Federal or 
State agency relating to the maintenance of a buffer zone 
around tne water distribution system. 
(c) REQUIREMENT REIJ^TING TO CONVEYANCE.—The Secretary 
may not carry out the conveyance of the water distribution system 
authorized by subsection (a) unless Washington Gas Company 
agrees to accept the system in its existing condition at the time 
of the conveyance. 
(d) CONDITIONS.—^The conveyance of the water distribution sys-
tem authorized in subsection (a) shall be subject to the following 
conditions: 
(1) That American Water Company provide water to and 
distribute water at Fort Lee at a rate that is no less favorable 
than the rate American Water Company would charge a public 
or private consumer of water similar to Fort Lee for the provi-
sion and distribution of water. 
(2) That American Water Company maintain, repair, and 
conduct safety inspections of the water distribution system. 
(3) That American Water Company comply with all 
applicable environmental laws and regulations (including any 
permit or license requirements) in providing and distributing 
water at Fort Lee through the water distribution system. 
(4) That American Water Company not commence any 
expansion of the water distribution system without approval 
of such expansion by the commander of Fort Lee. 
(e) FAIR MARKET VALIUGE.—^The Secretary shall ensure that the 
value to the Army of the actions taken by American Water Company 
in accordance with subsection (d) is at least equal to the fair 
market value of the water distribution system conveyed pursuant 
to subsection (a). 
(0 REVERSION.—If the Secretary determines at any time that 
American Water Company is not complying with the conditions 
specified in subsection (d)„ all right, title, and interest of American 
Water Company in and to the water distribution system conveyed 
pursuant to subsection (a), including any improvements thereto 
and any modifications made to the system by American Water 
Company after such conveyance, and any easements granted under 
subsection (b), shall revert to the United States and the United 
States shall have the immediate right of possession, including the 
right to operate the water distribution system. 
(g) DESCRIPTION OF PROPERTY.—The exact legal description 
of the water distribution system to be conveyed pursuant to sub-
section (a), including any easements granted with respect to such 
system under subsection (b), shall be determined in a manner, 
including by survey, satisfactory to the Secretary. The cost of any 
survey or other services pejrformed at the direction of the Secretary 
P
ursuant to the authority in the preceding sentence shall be borne 
y American Water Company. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
107 STAT. 1900 
PUBLIC LAW 103-160—NOV. 30, 1993 
the conveyance under subsection (a) and the grant of any easement 
under subsection (b) as the Secretary considers appropriate to pro-
tect the interests of the United States. 
SEC. 2843. CONVEYANCE OF WASTE WATER TREATMENT FACILITY, 
FORT PICKETT, VIRGINIA. 
(a) AUTHORITY TO CONVEY.—The Secretary of the Army may 
convey to the Town of Blackstone, Virginia (in this section referred 
to as the "Town"), all right, title, and interest of the United States 
in and to a parcel of real property consisting of approximately 
11.5 acres, including a waste water treatment facility and other 
improvements thereon, located at Fort Pickett, Virginia. 
(b) CONDITIONS.—^The conveyance authorized in subsection (a) 
shall be subject to the following conditions: 
(1) That the Town design and carry out such expansion 
or improvement of the waste water treatment facility as the 
Secretary and the Town jointly determine necessary in order 
to ensure operation of the facility in compliance with all 
applicable Federal and State environmental laws (including 
any permit or license requirements). 
(2) That the Town operate the waste water treatment facil-
ity in compliance with such laws. 
(3) That the Town provide disposal services, waste water 
treatment services, and other related services to Fort Pickett 
at a rate that is no less favorable than the rate the Town 
would charge a public or private entity similar to Fort Pickett 
for the provision of such services. 
(4) That the Town reserve 75 percent of the operating 
capacity of the waste water treatment facility for use by the 
Army in the event that such use is necessitated by a realign-
. 
ment or change in the operations of Fort Pickett. 
(5) That the Town accept liability under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) for any environmental restoration 
or remediation required at the facility by reason of the provision 
of waste water treatment services at the facility to entities 
other than the Army. 
(c) FAIR MARKET VALUE.—The Secretary shall ensure that the 
value to the Army of the actions token by the Town in accordance 
with subsection (b) is at least equal to the fair market value 
of the waste water treatment facility conveyed pursuant to sub-
section (a). 
(d) REVERSION.—If the Secretory determines at any time that 
the Town is not complying with the conditions specified in sub-
section (b), all right, title, and interest of the Town in and to 
the real property (including the waste water treatment system) 
conveyed under subsection (a), including any improvements thereto 
and any modifications made to the system by the Town after such 
conveyance, shall revert to the United States and the United States 
shall have the right of immediate entry thereon, including the 
right of access to and operation of the waste water treatment 
system. 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the Town. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1901 
(f) ENVIRONMENTAL COMPLIANCE.—(1) The Town shall be 
responsible for compliance with all applicable environmental laws 
and regulations, including any permit or license requirements, relat-
ing to the real property (and any facilities thereon) conveyed under 
subsection (a). The Town shall also be responsible for executing 
and constructing environmental improvements to the plant as 
required by applicable law. 
(2) The Secretary, subject to the availability of appropriated 
funds for this purpose, and the Town shall share future environ-
mental compliance costs based on a pro rata share of reserved 
plant capacity, as determined by the Secretary. 
(3) The Secretary shall complete any environmental removal 
or remediation required under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) with respect to the real property conveyed under this 
section before carrying out the conveyance. 
(g) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance authorized under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2844. CONVEYANCE OF WATER DISTRIBUTION SYSTEM AND RES-
ERVOIR, STEWART ARMY SUBPOST, NEW YORK. 
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the Army 
may convey to the Town of New Windsor, New York (in this section 
referred to as the "Town"), all right, title, and interest of the 
United States in and to the property described in paragraph (2). 
(2) The property referred to in paragraph (1) is the following 
property located at the Stewart Army Subpost, New York: 
(A) A parcel of real property consisting of approximately 
7 acres, including a reservoir and improvements thereon, the 
site of the Stewart Army Subpost water distribution system. 
(B) Any equipment, fixtures, structures, or other improve-
ments (including any water transmission lines, water distribu-
tion and service lines, fire hydrants, water pumping stations, 
and other improvements) not located on the parcel described 
in subparagraph (A) that are owned and utilized by the Federal 
Grovemment in order to provide water to and distribute water 
at Stewart Army Subpost. 
(b) RELATED EASEMENTS.—The Secretary may grant to the 
Town the following easements relating to the conveyance of the 
property authorized by subsection (a): 
(1) Such easements, if any, as the Secretary and the Town 
jointly determine are necessary in order to provide access to 
the water distribution system referred to in paragraph (2) of 
such subsection for maintenance, safety, and other purposes. 
(2) Such rights of v/ay appurtenant, if any, as the Secretary 
and the Town jointly determine are necessary in order to satisfy 
requirements imposed by any Federal or State agency relating 
to the maintenance of a buffer zone around the water distribu-
tion system. 
(c) REQUIREMENTS RELATING TO CONVEYANCE.—(1) The Sec-
retary may not carry out the conveyance of the water distribution 
system authorized in subsection (a) unless the Town agrees to 
accept the system in its existing condition at the time of the 
conveyance. 
107 STAT. 1902 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The Secretary shall complete any environmental removal 
or remediation required under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) with respect to the facility conveyed under this section 
before carrjdng out the conveyance. 
(d) CONDITIONS.—^The conveyance authorized in subsection (a) 
shall be subject to the following conditions: 
(1) That the Town provide water to and distribute water 
at Stewart Army Subpost at a rate that is no less favorable 
than the rate the Town would charge a public or private entity 
similar to Stewart Army Subpost for the provision and distribu-
tion of water. 
(2) That the Town operate the water distribution system 
in compliance with all applicable Federal and State environ-
mental laws and regulations (including any permit and license 
requirements). 
(3) That the Town not commence any expansion of the 
water distribution system without approval of such expansion 
by the commander of Stewart Army Suopost. 
(e) FAIR MARKET VALUE.—The Secretary shall ensure that the 
value to the Army of the actions taken by the Town in accordance 
with subsection (d) is at least equal to the fair market value 
of the water distribution system conveyed pursuant to subsection 
(a). 
(f) REVERSION.—If the Secretary determines at any time that 
the Town is not complying with the conditions specified in sub-
section (d), all right, title, and interest of the Town in and to 
the property (including the water distribution system) conveyed 
pursuant to subsection (a), including any improvements thereto 
and any modifications made to the water distribution system by 
the Town after such conveyance, shall revert to the United States 
and the United States shall have the right of immediate entry 
thereon, including the right of access to and operation of the water 
distribution system. 
(g) DESCRIPTION OF PROPERTY.—^The exact legal description 
of the property to be conveyed under subsection (a), and of any 
easements granted under subsection (b), shall be determined in 
a manner, including by survey, satisfactoiy to the Secretary. The 
cost of any survey or other services perrormed at the direction 
of the Secretary pursuant to the authority in the preceding sentence, 
shall be borne by the Town. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance authorized under subsection (a) and the easements 
granted under subsection (b) that the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2845. CONVEYANCE OF ELECTRIC POWER DISTRIBUTION SYS-
TEM, NAVAL AIR STATION, ALAMEDA, CALIFORNIA. 
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the Navy 
may convey to the Bureau of Electricity of the City of Alameda, 
California (in this section referred to as the "Bureau"), all right, 
title, and interest of the United States in and to the electric power 
distribution system described in paragraph (2). The actual convey-
ance of the system shall be subject to negotiation by and approval 
of the Secretary. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1903 
(2) The electric power distribution system referred to in para-
graph (1) is the electric power distribution system located at the 
Naval Air Station, Alameda, California, including such utility ease-
ments and right of ways as the Secretary and the Bureau consider 
to be necessary or appropriate to provide for ingress to and egress 
from the electric power distribution system. 
(b) REQUIREMENT REIJVTING TO CONVEYANCE.—The Secretary 
may not carry out the conveyance of the electric power distribution 
system authorized by subsection (a) unless the Bureau agrees to 
accept the system in its existing condition at the time of the convey-
ance. 
(c) CONDITIONS.—^The conveyance of the electric power distribu-
tion system authorized in subsection (a) shall be subject to the 
following conditions: 
(1) That the Bureau provide electric power to the Naval 
Air Station at a rate that is no less favorable than the rate 
the Bureau would charge a public or private consumer of elec-
tricity similar to the Naval Air Station for the provision and 
distribution of electricity. 
(2) That the Bureau comply with all applicable environ-
mental laws and regulations, including any permit or license 
requirements, in providing and distributing electricity at the 
Naval Air Station through the electric power distribution sys-
tem. 
(3) That the Bureau not commence any expansion of the 
electric power distribution system without the approval of the 
expansion by the Secretary. 
(4) That the Bureau assimie the responsibility for owner-
ship, operation, maintenance, repair, and safety inspections 
for the electric power distribution system. 
(d) FAIR MARKET VALUE.—The Secretary shall ensure that the 
value to the Navy of the actions taken by the Bureau in accordance 
with subsection (c) is at least equal to the fair market value of 
the electric power distribution system conveyed pursuant to sub-
section (a). 
(e) REVERSION.—If the Secretary determines at any time that 
the Bureau is not compl}dng with the conditions specified in sub-
section (c), all right, title,, and interest of the Bureau in and to 
the electric power distribution system conveyed pursuant to sub-
section (a), including any improvements or modifications to the 
system, shall revert to the United States and the United States 
shall have the right of immediate access to the system, including 
the right to operate the system. 
(0 DESCRIPTION OF PROPERTY.—^The exact legal description of 
the electric power distribution system to be conveyed pursuant 
to subsection (a), including any easements granted as part of the 
conveyance, shall be determined in a manner, including by survey, 
satisfactory to the Secretary. The cost of any survey or other services 
performed at the direction of the Secretary pursuant to the author-
ity in the preceding sentence shall be borne by the Bureau. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) and the grant of any easement 
as part of the conveyance as the Secretary considers appropriate 
to protect the interests of the United States. 
107 STAT. 1904 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 2846. CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM, 
FORT DK, NEW JERSEY. 
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the Army 
may convey to the Jersey Central Power and Light Company, New 
Jersey (in this section referred to as "Jersey Central"), all right, 
title, and interest of the United States in and to the electricity 
distribution system described in paragraph (2). 
(2) The electricity distribution system referred to in paragraph 
(1) is the electricity distribution system located at Fort Dix, New 
Jerse^r, consisting of approximately 145.6 miles of electricity dis-
tribution lines, as well as electricity poles, transformers, electricity 
substations, and other electricity distribution improvements owned 
and utilized by the Federal Government in order to provide elec-
tricity to and distribute electricity at Fort Dix. The electricity dis-
tribution system does not include any real property. 
(b) RELATED EASEMENTS.—^The Secretary may grant to Jersey 
Central the following easements relating to the conveyance of the 
electricity distribution system authorized by subsection (a): 
(1) Such easements, if any, as the Secretary and Jersey 
Central jointly determine are necessary in order to provide 
for the access by Jersey Central to the electricity distribution 
system for maintenance, safety, and related purposes. 
(2) Such rights of way appurtenant, if any, as the Secretary 
and Jersey Central jointly aetermine are necessary in order 
to satisfy the requirements imposed by any Federal or State 
agency relating to the maintenance of a buffer zone around 
the electricity distribution system. 
(c) REQUIREMENT RELATING TO CONVEYANCE.—The Secretary 
may not carry out the conveyance of the electricity distribution 
system authorized by subsection (a) imless Jersey Central agrees 
to accept the system in its existing condition at the time of the 
conveyance. 
(d) CONDITIONS.—^The conveyance of the electricity distribution 
system authorized in subsection (a) shall be subject to the following 
conditions: 
(1) That Jersey Central provide electricity to and distribute 
electricity at Fort Dix at a rate that is no less favorable than 
the rate Jersey Central would charge a public or private 
consumer of electricity similar to Fort Dix for the provision 
and distribution of electricity. 
(2) That Jersey Central carry out safety upgrades to permit 
the distribution system to carry electricity at up to 13,800 
volts. 
(3) That Jersey Central improve the electricity distribution 
system by installing additional lightning protection devices in 
such a manner as to permit the installation of air conditioning 
in familyhousing units. 
(4) That Jersey Central maintain and repair, and conduct 
safety inspections and power factor surveys, of the electricity 
distribution system. 
(5) That Jersey Central comply with all applicable environ-
mental laws and regulations (including any permit or license 
requirements) in providing and distributing electricity at Fort 
Dix through the electricity distribution system. 
(6) That Jersey Central not commence any expansion of 
the electricity distribution system without approval of such 
expansion by the commander of Fort Dix. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1905 
(e) FAIR MARKET VAI.UE.—The Secretary shall ensure that the 
value to the Army of the actions taken by Jersey Central in accord-
ance with subsection (d) is at least equal to the fair market value 
of the electricity distribution system conveyed pursuant to sub-
section (a). 
(f) REVERSION.—If the Secretary determines at any time that 
Jersey Central is not complying with the conditions specified in 
subsection (d), all right, title, and interest of Jersey Central in 
and to the electrical dfistribution system conveyed pursuant to sub-
section (a), including any improvements thereto and any modifica-
tions made to the system by Jersey Central after such conveyance, 
and any easements granted under subsection (b), shall revert to 
the United States and the United States shall have the right 
of immediate entry thereon, including the right to operate the 
electricity distribution system. 
(g) DESCRIPTION OF PROPERTY.—^The exact legal description 
of the electricity distribution system to be conveyed pursuant to 
subsection (a), and of any easements granted under subsection 
(b), shall be determined in a manner, including by survey, satisfac-
tory to the Secretary. The cost of any survey or other services 
performed at the direction of the Secretary pursuant to the author-
ity in the preceding sentence shall be borne by Jersey Central. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional l^rms and conditions in connection with 
the conveyance under subsection (a) and the grant of any easement 
under subsection (b) as the Secretary considers appropriate to pro-
tect the interests of the United States. 
SEC. 2847. LEASE AND JOINT USE OF CERTAIN REAL PROPERTY, 
MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA. 
(a) LEASE AUTHORIZED.—^The Secretary of the Navy may lease 
to Tri-Cities Municipal Water District, a special governmental dis-
trict of the State of California (in the section referred to as the 
"District"), such interests in real property located on, under, and 
within the northern portion of the Marine Corps Base, Camp 
Pendleton, California, as the Secretary determines to be necessary 
for the District to develop, operate, and maintain water extraction 
and distribution facilities for the mutual benefit of the District 
and Camp Pendleton. The lease may be for a period of up to 
50 years, or such additional period as the Secretary determines 
to be in the interests of the United States. 
(b) CONSIDERATION.—^As consideration for the lease of real prop-
erty under subsection (a), the District shall— 
(1) construct, operate, and maintain such improvements 
as are necessary to fully develop the potential of the lower 
San Mateo Water Basin for sustained yield and storage of 
imported water for the joint benefit of the District and Camp 
Pendleton; 
(2) assume operating and maintenance responsibilities for 
the existing water extraction, storage, distribution, and related 
infrastructure within the northern portion of Camp Pendleton; 
and 
(3) pay to the United States, in the form of cash or addi-
tional services, an amount equal to the amount, if any, by 
which the fair market value of the real property interests 
leased under subsection (a) exceeds the fair market value of 
the services provided under paragraphs (1) and (2). 
107 STAT. 1906 
PUBLIC LAW 103-160—NOV. 30, 1993 
(c) DETERMINATION OF FAIR MARKET VALUE.—The Secretary 
shall establish a system of accounts to establish the relative costs 
and benefits accnung to the District and the United States under 
the lease under subsection (a) and to ensure that the United States 
receives at least fair market value for such lease, as determined 
by an independent appraisal acceptable to the Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection with 
the lease under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
Subtitle E—Other Matters 
SEC. 2851. CONVEYANCE OF REAL PROPERTY AT MISSILE SITES TO 
ADJACENT LANDOWNERS. 
(a) EXERCISE OF AUTHORITY BY ADMINISTRATOR OF GSA—Sec-
tion 9781 of title 10, United States Code, is amended— 
(1) in subsection (a)(1), by striking out "Secretary of the 
Air Force" and inserting in lieu thereof "Administrator of Gen-
eral Services"; 
(2) in subsection (c), by striking out "Secretarj^ and insert-
ing in lieu thereof "Administrator"; 
(3) in subsection (e)— 
(A) by striking out "Secretarjr" the first place it appears 
and inserting in Reu thereof "Secretary of the Air Force"; 
and 
(B) by striking out "Secretary" the second place it 
appears and inserting in lieu thereof "Administrator"; and 
(4) in subsection (f), by striking out "Secretary" and insert-
ing in lieu thereof "Administrator". 
(b) ELIGIBLE LANDS.—Subsection (a)(2) of such section is 
amended by striking out subparagraph (D) and inserting in lieu 
thereof the following new subparagraph: 
"(D) is surrounded by lands that are adjacent to such 
tract and that— 
"(i) are owned in fee simple by one owner, either 
individually or by more than one person jointly, in common, 
or by the entirety; or 
"(ii) are owned separately by two or more owners.". 
(c) DISPOSITION.—Subsection (b) of such section is amended 
to read as follows: 
"(bXlXA) Whenever the interest of the United States in a 
tract of real property or easement referred to in subsection (a) 
is available for disposition under this section, the Administrator 
shall transmit a notice of the availability of the real property 
or easement to each person described in subsection (aX2XDXi) who 
owns lands adjacent to that real property or easement. 
"(B) The Administrator shall convey, for fair market value, 
the interest of the United States in a tract of land referred to 
in subsection (a), or in any easement in connection with such 
a tract of land, to any person or persons described in subsection 
. (aX2XDXi) who, with respect to such land, are ready, willing, and 
able to purchase such interest for the fair market value of such 
interest. 
"(2XA) In the case of a tract of real property referred to in 
subsection (a) that is surrounded by adjacent lands that are owned 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1907 
separately by two or more owners, the Administrator shall dispose 
of that tract of real property in accordance with this paragraph. 
In disposing of the real property, the Administrator shall satisfy 
the requirements specified m paragraph (1) regarding notice to 
owners, sale at fair market value, ana the determination of the 
qualifications of the purchaser. 
''(B) The Administrator shall dispose of such a tract of real 
property through a sealed bid competitive sale. The Administrator 
shall anord an opportunity to compete to acouire the interest of 
the United States in the real property to all of the persons described 
in subsection (aX2XDXii) who own lands adjacent to that real prop-
ertjT. The Administrator shall restrict to tnese persons the oppor-
tunihr to compete in the sealed bid competitive sale. 
(C) Subject to subparagraph (D), the Administrator shall con-
vey the interest of the United Stetes in the tract of real property 
to the highest bidder. 
"(D) If all of the bids received by the Administrator in the 
sealed bid competitive sale of the tract of real property are less 
than the fair market value of the real property, tne Administrator 
shall dispose of the real property in accordance with the provisions 
of title II of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 481 et seq.).". 
SEC. 2862. PROHmrnON ON USE OF FUNDS FOR PLANNING AND 
DESIGN OF DEPARTMENT OF DEFENSE VACCINE PRODUC-
TION FACIUTY., 
(a) PROHIBITION.—^None of the funds authorized to be appro-
priated for the Department of Defense for fiscal year 1994 may 
be obligated for architectural and engineering services or for 
construction design in connection with the Department of Defense 
vaccine production facility. 
(b) REPORT.—Not later than February 1, 1994, the Secreterv 
of Defense, in consultetion with the Secretory of the Army, shall 
submit to the congressional defense committees a report containing 
a complete explanation of the necessity for constructing within 
the United Stetes a Department of Defense facility for the produc-
tion of vaccine for the Department of Defense. 
SEC. 
2853. GRANT 
RELATING 
TO 
ELEMENTARY 
SCHOOL 
FOR 
DEPEND-
ENTS 
OF 
DEPARTMENT OF 
DEFENSE 
PERSONNEL, 
FORT 
BELVOm, 
VIRGINIA. 
(a) GRANT AUTHORIZED.—^The Secretary of the Army may make 
a grant to the Fairfax County School Board, Virginia, in order 
to assist the School Board in constructing a public elementonr 
school facility, to be owned and operated by the School Boara, 
in the vicinity of Fort Belvoir, Virginia. 
(b) CAPACITY REQUIREMENT.—The school facility constructed 
with the grant made imder subsection (a) shall be sufficient (as 
determined by the Secretory) to accommodate the dependents of 
members of the Armed Forces assigned to duty at Fort Belvoir 
and the dependents of employees of the Department of Defense 
employed at Fort Belvoir. 
(c) MAXIMUM AMOUNT OF GRANT.—^The amount of the grant 
under this section may not exceed $8,000,000. 
(d) REQUIREMENTS RELATING TO CONSTRUCTION OF SCHOOL.— 
(1) The Fairfax County School Board shall esteblish the design 
and function specifications applicable to the elementory school facil-
ity constructed with the grant made under this section. 
107 STAT. 1908 
PUBLIC LAW 103-160—NOV. 30, 1993 
(2) The Fairfax County School Board shall be responsible for 
soliciting bids and awarding contracts for the construction of the 
school facility and shall imdertake responsibility for the timely 
construction of the school facility under such contracts. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require any additional terms and conditions in connection with 
the grant authorized under subsection (a) that the Secretary consid-
ers appropriate to protect the interests of the United States. 
SEC. 2854. ALLOTMENT OF SPACE IN FEDERAL BUILDINGS TO CREDIT 
UNIONS. 
Section 124 of the Federal Credit Union Act (12 U.S.C. 1770) 
is amended in the first sentence— 
(1) by striking out "at least 95 per centum" and all that 
follows through "and the members of their families,"; and 
(2) by striking out "allot space to such credit union" and 
all that follows through the period and inserting in lieu thereof 
"allot space to such credit union without charge for rent or 
services if at least 95 percent of the membership of the credit 
- union to be served by the allotment of space is composed 
of persons who either are presently Federal employees or were 
Federal employees at the time of admission into the credit 
union, and members of their families, and if space is available.". 
SEC. 28S6. FLOOD CONTROL PROJECT FOR COYOTE AND BERRYESSA 
CREEKS, CAUFORNIA. 
(a) COYOTE AND BERRYESSA CREEKS, SANTA CLARA COUNTY, 
CALIFORNIA.—^The Secretary of the Army is directed to construct 
a flood control project for Coyote and Berryessa Creeks in Santa 
Clara County, California, using amounts appropriated for civil 
works activities of the Corps of Engineers for fiscal year 1994. 
(b) MAXIMUM COST REQUIREMENT.—Section 902 of the Water 
Resources Development Act of 1986 (PubHc Law 99-662; 100 Stat. 
4183) shall not apply with respect to the project described in sub-
section (a). 
SEC. 2856. RESTRICTIONS ON LAND TRANSACTIONS RELATING TO 
THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA. 
The Secretary of Defense (or the Secretary of the Army as 
the designee of the Secretary of Defense) may not transfer any 
parcel of real property (or any improvement thereon) located at 
the Presidio of San Francisco, California, from the jurisdiction and 
control of the Department of the Army to the jurisdiction and 
control of the Department of the Interior unless and until— 
(1) the Secretary of the Army determines that the parcel 
proposed for transfer is excess to the needs of the Army; and 
(2) the Secretary of Defense submits to the Committees 
on Armed Services of the Senate and House of Representatives 
a report describing the terms and conditions— 
(A) under which transfers of real property at the Pre-
sidio will take place; and 
(B) imder which the Army will continue to use facilities 
at the Presidio after such transfers. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1909 
TITLE XXIX—DEFENSE BASE CLOSURE 
AND REALIGNMENT 
Subtitle A—^Base Closure Community 
Assistance 
SEC. 2901. FINDINGS. 
10 USC 2687 
Congress makes the following findings: 
(1) The closure and realignment of military installations 
within the United States is a necessary consequence of the 
end of the Cold War and of changed United States national 
security requirements. 
(2) A military installation is a significant source of employ-
ment for many communities, and the closure or realignment 
of an installation may cause economic hardship for such commu-
nities. 
(3) It is in the interest of the United States that the 
Federal Government facilitate the economic recovery of commu-
nities that experience adverse economic circumstances as a 
result of the closure or realignment of a military installation. 
(4) It is in the interest of the United States that the 
Federal 
Government assist communities that 
experience 
adverse economic circumstances as a result of the closure of 
military installations by working with such communities to 
identify and implement means of reutilizing or redeveloping 
such installations in a beneficial manner or of otherwise revital-
izing such communities and the economies of such communities. 
(5) The Federal Government may best identify and imple-
ment such means by requiring that the head of each department 
or agency of the Federal Government having jurisdiction over 
a matter arising out of the closure of a military installation 
under a base closure law, or the reutilization and redevelopment 
of such an installation, designate for each installation to be 
closed an individual in such department or agency who shall 
provide information and assistance to the transition coordinator 
for the installation designated under section 2915 on the assist-
ance, programs, or other activities of such department or agency 
with respect to the closure or reutilization and redevelopment 
of the installation. 
(6) The Federal Government may also provide such assist-
ance by accelerating environmental restoration at military 
installations to be closed, and by closing such installations, 
in a manner that best ensures the beneficial reutilization and 
redevelopment of such installations by such communities. 
(7) The Federal Government may best contribute to such 
reutilization and redevelopment by making available real and 
personal property at military installations to be closed to 
communities affected by such closures on a timely basis, and, 
if appropriate, at less than fair market value. 
SEC. 2902. PROHmrnON ON TRANSFER OF CERTAIN PROPERTY 
LOCATED AT MILITARY INSTALLATIONS TO BE CLOSED. 
(a) CLOSURES UNDER 1988 ACT.—(1) Section 204(b) of the 
Defense Authorization Amendments and Base Closure and Realign-
107 STAT. 1910 
PUBLIC LAW 103-160—NOV. 30, 1993 
ment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) 
is amended— 
(A) in paragraph (2)(E), by striking out "paragraphs (3) 
and (4)" and inserting in lieu thereof "paragraphs (3) through 
(6)"; 
(B) by redesignating paragraph (4) as paragraph (7); and 
(C) by striking out paragraph (3) and inserting in lieu 
thereof the following new paragraph (3): 
"(3XA) Not later than 6 months after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1994, 
the Secretary, in consultation with the redevelopment authority 
^ 
with respect to each military installation to be closed under this 
title after such date of enactment, shall— 
"(i) inventory the personal property located at the installa-
tion; and 
"(ii) identify the items (or categories of items) of such 
personal property that the Secretary determines to be related 
to real property and anticipates will support the implementa-
tion of the redevelopment plan with respect to the installation. 
"(B) If no redevelopment authority referred to in subparagraph 
(A) exists with respect to an installation, the Secretary shall consult 
with— 
"(i) the local government in whose jurisdiction the installa-
tion is wholly located; or 
"(ii) a local government agency or State government agency 
designated for the purpose of such consultation by the chief 
executive officer of the State in which the installation is located. 
"(CXi) Except as provided in subparagraphs (E) and (F), the 
Secretary may not carry out any of the activities referred to in 
clause (ii) with respect to an installation referred to in that clause 
until the earlier of— 
"(I) one week after the date on which the redevelopment 
plan for the installation is submitted to the Secretary; 
"(II) the date on which the redevelopment authority notifies 
the Secretary that it will not submit such a plan; 
"(III) twenty-four months after the date referred to in 
subparagraph (A); or 
"(IV) ninety days before the date of the closure of the 
installation. 
"(ii) The activities referred to in clause (i) are activities relating 
to the closure of an installation to be closed under this title as 
follows: 
"(I) The transfer from the installation of items of personal 
property at the installation identified in accordance with 
subparagraph (A). 
"(II) The reduction in maintenance and repair of facilities 
or equipment located at the installation below the minimum 
levels required to support the use of such facilities or equipment 
for nonmilitary purposes. 
"(D) Except as provided in paragraph (4), the Secretary may 
not transfer items of personal property located at an installation 
to be closed under this title to another installation, or dispose 
of such items, if such items are identified in the redevelopment 
plan for the installation as items essential to the retise or redevelop-
ment of the installation. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1911 
"(E) This paragraph shall not apply to any related personal 
property located at an installation to be closed under this title 
if the property— 
(i) is required for the operation of a unit, function, compo-
nent, weapon, or weapons system at another installation; 
"(ii) is uniquely military in character, and is likely to 
have no civilian use (other than use for its material content 
or as a source of commonly vised components); 
"(iii) is not required for the reutilization or redevelopment 
of the installation (as jointly determined by the Secretary and 
the redevelopment authority); 
"(iv) is stored at the installation for purposes of distribution 
(including spare parts or stock items); or 
"(vXl) meets known requirements of an authorized program 
of another Federal department or agency for which expenditures 
for similar property would be necessary, and (II) is the subject 
of a written request by the head of the department or agency. 
"(F) Notwithstanding subparagraphs (CXi) and (D), the Sec-
retary may carry out any activity referred to in subparagraph 
(CXii) or (D) if the Secretary determines that the carrying out 
of such activity is in the national security interest of the United 
States.". 
(2) Section 204(bX7XAXii) of such Act, as redesignated by para-
graph (IXB), is amended by striking out "paragraph (3)" and insert-
ing in lieu thereof "paragraphs (3) through (6)". 
(b) CLOSURES UNDER 1990 ACT.—Section 2905(b) of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) is amended— 
(1) in paragraph (2XA), by inserting "and paragraphs (3), 
(4), (5), and (6)" after "Subject to subparagraph (C)"; and 
(2) by adding at the end the following: 
"(3XA) Not later than 6 months aft;er the date of approval 
of the closure of a military installation under this part, the Sec-
retary, in consultation with the redevelopment authority with 
respect to the installation, shall— 
"(i) inventory the personal property located at the installa-
tion; and 
"(ii) identify the items (or categories of items) of such 
personal property that the Secretary determines to be related 
to real property and anticipates will support the implementa-
tion of tne redevelopment plan with respect to the installation. 
"(B) If no redevelopment authority referred to in subparagraph 
(A) exists with respect to an installation, the Secretary shall consult 
with— 
"(i) the local government in whose jurisdiction the installa-
tion is wholly located; or 
"(ii) a local government agency or State government agency 
designated for the purpose of such consultation by the chief 
executive officer of the State in which the installation is located. 
"(CXi) Except as provided in subparagraphs (E) and (F), the 
Secretary may not carry out any of the activities referred to In 
clause (ii) with respect to an installation referred to in that clause 
until the earlier of— 
"(I) one week after the date on which the redevelopment 
plan for the installation is submitted to the Secretary; 
"(II) the date on which the redevelopment authority notifies 
the Secretary that it will not submit such a plan; 
107 STAT. 1912 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(III) twenty-four months after the date of approval of 
the closure of the installation; or 
"(IV) ninety days before the date of the closure of the 
instcdlation. 
"(ii) The activities referred to in clause (i) are activities relating 
to the closure of an installation to be closed under this part as 
follows: 
"(I) The transfer from the installation of items of personal 
property at the installation identified in accordance with 
subparagraph (A). 
"(II) The reduction in maintenance and repair of facilities 
or equipment located at the installation below the minimum 
levels required to support the use of such facilities or equipment 
for nonmilitary purposes. 
"(D) Except as provided in paragraph (4), the Secretary may 
not transfer items of personal property located at an installation 
to be closed under this part to another installation, or dispose 
of such items, if such items are identified in the redevelopment 
plan for the installation as items essential to the reuse or redevelop-
ment of the installation. 
"(E) This paragraph shall not apply to any personal property 
located at an installation to be closed under this part ii the 
property— 
"(i) is required for the operation of a unit, function, compo-
nent, weapon, or weapons system at another installation; 
"(ii) is imiquely military in character, and is likely to 
have no civilian use (other than use for its material content 
or as a source of commonly used components); 
"(iii) is not required for the reutilization or redevelopment 
of the installation (as jointly determined by the Secretary and 
the redevelopment authority); 
"(iv) is stored at the installation for purposes of distribution 
(including spare parts or stock items); or 
"(vXD meets known requirements of an authorized program 
^ ofanotherFederaldepartmentoragency for which expenditures 
for similar property would be necessary, and (II) is the subject 
of a written request by the head of the department or agency. 
"(F) Notwithstanding subparagraphs (C)(i) and (D), the Sec-
retary may carry out any activity referred to in subparagraph 
(CXii) or (D) if the Secretary determines that the carrying out 
of such activity is in the national security interest of the United 
States.". 
10 use 2687 
(c) APPLICABILITY.—For the purposes of section 2905(b)(3) of 
"^o*®- 
the Defense Base Closure and Realignment Act of 1990, as added 
by subsection (b), the date of approval of closure of any installation 
approved for closure before the date of the enactment of this Act 
shall be deemed to be the date of the enactment of this Act. 
SEC. 2903. AUTHORITY 
TO 
TRANSFER 
PROPERTY 
AT 
CLOSED 
INSTALLATIONS 
TO 
AFFECTED 
COMMUNITIES 
AND 
STATES. 
(a) AUTHORITY UNDER 1988 ACT.—Section 204(b) of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended 
by section 2902(a), is further amended by adding after paragraph 
(3), as so added, the following: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1913 
''(4XA) The Secretary may transfer real property and personal 
property located at a military installation to be closed under this 
title to the redevelopment authority with respect to the installation. 
"(BXiXD Except as provided in clause (ii), the transfer of prop-
erty under subparagraph (A) may be for consideration at or below 
the estimated fair market value of the property transferred or 
without consideration. Such consideration may include consider-
ation in kind (including goods and services), real property and 
improvements, or such other consideration as the Secretary consid-
ers appropriate. The Secretary shall determine the estimated fair 
market value of the property to be transferred under this subpara-
graph before carrying out such transfer. 
"(II) The Secretary shall prescribe regulations that set forth Regulations. 
guidelines for determining the amount, if any, of consideration 
required for a transfer under this paragraph. Such regulations 
shall include a requirement that, in the case of each transfer 
under this paragraph for consideration below the estimated fair 
market value of the property transferred, the Secretary provide 
an explanation why the transfer is not for the estimated fair market 
value of the property transferred (including an explanation why 
the transfer cannot be carried out in accordance with the authority 
provided to the Secretary pursuant to paragraph (1) or (2)). 
"(ii) The transfer of property under subparagraph (A) shall 
be vdthout consideration in the case of any installation located 
in a rural area whose closure under this title will have a substantial 
adverse impact (as determined by the Secretary) on the economy 
of the communities in the vicinity of the installation and on the 
prospect for the economic recovery of such communities from such 
closure. The Secretary shall prescribe in the regulations under 
clause (iXII) the manner of determining whether communities are 
eligible for the transfer of property under this clause. 
"(iii) In the case of a transfer under subparagraph (A) for 
consideration below the fair market value of the property trans-
ferred, the Secretary may recoup from the transferee of such prop-
erty such portion as the Secretary determines appropriate of the 
amount, if any, by which the sale or lease of such property by 
such transferee exceeds the amount of consideration paid to the 
Secretary for such property by such transferee. The Secretary shall 
prescribe regulations for determining the amount of recoupment 
under this clause. 
"(CXi) The transfer of personal property under subparagraph 
(A) shall not be subject to the provisions of sections 202 and 203 
of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 483, 484) if the Secretary determines that the transfer 
of such property is necessary for the effective implementation of 
a redevelopment plan with respect to the installation at which 
such property is located. 
"(ii) The Secretary may, in lieu of the transfer of property 
referred to in subparagraph (A), transfer personal property similar 
to such property (including property not located at the installation) 
if the Secretary determines that the transfer of such similar prop-
erty is in the interest of the United States. 
"(D) The provisions of section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9620(h)) shall apply to any transfer of real property 
under this paragraph. 
69-194 O - 94 - 31 : QL. 3 Part 2 
107 STAT. 1914 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(E) The Secretary may require any additional terms and condi-
tions in connection with a transfer under this paragraph as such 
Secretary considers appropriate to protect the interests of the 
United States.". 
(b) AUTHORITY UNDER 1990 ACT.—Section 2905(b) of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXDC of Public Law 101-510; 10 U.S.C. 2687 note), as amended 
by section 2902(b), is further amended by adding at the end the 
following: 
"(4)(A) The Secretary may transfer real property and personal 
property located at a military installation to be closed under this 
part to the redevelopment authority with respect to the installation. 
"(B)(iXI) Except as provided in clause (ii), the transfer of prop-
erty under subparagraph (A) may be for consideration at or below 
the estimated fair market value of the property transferred or 
without consideration. Such consideration may include consider-
ation in kind (including goods and services), real property and 
improvements, or such other consideration as the Secretary consid-
ers appropriate. The Secretary shall determine the estimated fair 
market value of the property to be transferred under this subpara-
graph before carrying out such transfer. 
Regulations. 
"(ID The Secretary shall prescribe regulations that set forth 
guidelines for determining the amount, if any, of consideration 
required for a transfer under this paragraph. Such regulations 
shall include a requirement that, in the case of each transfer 
under this paragraph for consideration below the estimated fair 
market value of the property transferred, the Secretary provide 
an explanation why the transfer is not for the estimated fair market 
value of the property transferred (including an explanation why 
the transfer cannot be carried out in accordance with the authority 
provided to the Secretary pursuant to paragraph (1) or (2)). 
"(ii) The transfer of property under subparagraph (A) shall 
be without consideration in the case of any installation located 
in a rural area whose closure under this part will have a substantial 
adverse impact (as determined by the Secretary) on the economy 
of the communities in the vicinity of the installation and on the 
prospect for the economic recovery of such communities from such 
closure. The Secretary shall prescribe in the regulations under 
clause (iXII) the manner of determining whether communities are 
eligible for the transfer of property under this clause. 
"(iii) In the case of a transfer under subparagraph (A) for 
consideration below the fair market value of the property trans-
ferred, the Secretary may recoup from the transferee of such prop-
erty such portion as the Secretary determines appropriate of the 
amount, if any, by which the sale or lease of such property by 
such transferee exceeds the amount of consideration paid to the 
Secretary for such property by such transferee. The Secretary shall 
prescribe regulations for determining the amount of recoupment 
under this clause. 
"(CXi) The transfer of personal property under subparagraph 
(A) shall not be subject to the provisions of sections 202 and 203 
of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 483, 484) if the Secretary determines that the transfer 
of such property is necessary for the effective implementation of 
a redevelopment plan with respect to the installation at which 
such property is located. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1915 
"(ii) The Secretary may, in lieu of the transfer of property 
referred to in subparagraph (A), transfer property similar to such 
groperty (including property not located at the installation) if the 
ecretary determines that the transfer of such similar property 
is in the interest of the United States. 
"(D) The provisions of section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9620(h)) shall apply to any transfer of real property 
under this paragraph. 
"(E) The Secretary may require any additional terms and condi-
tions in connection with a transfer under this paragraph as such 
Secretary considers appropriate to protect the interests of the 
United States.". 
(c) CONSIDERATION OF ECONOMIC NEEDS.—In order to maximize lo use 2687 
the local and regional benefit from the reutilization and redevelop- "°*® 
ment of military installations that are closed, or approved for clo-
sure, pursuant to the operation of a base closure law, the Secretary 
of Defense shall consider locally and regionally delineated economic 
development needs and priorities into the process by which the 
Secretary disposes of real property and personal property as part 
of the closure of a military installation under a base closure law. 
In determining such needs and priorities, the Secretary shall take 
into account the redevelopment plan developed for the military 
installation involved. The Secretary shall ensure that the needs 
of the homeless in the communities affected by the closure of 
such installations are taken into consideration in the redevelopment 
plan with respect to such installations. 
(d) COOPERATION.—The Secretary of Defense shall cooperate lo use 2687 
with the State in which a military installation referred to in sub- "°*® 
section (c) is located, with the redevelopment authority with respect 
to the installation, and with local governments and other interested 
persons in communities located near the installation in implement-
ing the entire process of disposal of the real property and personal 
property at the installation. 
SEC. 2904. EXPEDITED DETERMINATION OF TRANSFERABILITY OF 
EXCESS PROPERTY OF INSTALLATIONS TO BE CLOSED. 
(a) DETERMINATIONS UNDER 1988 ACT.—Section 204(b) of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), 
as amended by section 2903(a), is further amended by adding after 
paragraph (4), as so added, the following: 
"(5)(A) Except as provided in subparagraph (B), the Secretary 
shall take such actions as the Secretary determines necessary to 
ensure that final determinations under subsection (b)(1) regarding 
whether another department or agency of the Federal Government 
has identified a use for any portion of a military installation to 
be closed under this title aft«r the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 1994, or will 
accept transfer of any portion of such installation, are made not 
later than 6 months after such date of enactment. 
"(B) The Secretary may, in consultation with the redevelopment 
authority with respect to an installation, postpone making the 
final determinations referred to in subparagraph (A) with respect 
to the installation for such period as the Secretary determines 
appropriate if the Secretary determines that such postponement 
107 STAT. 1916 
PUBLIC LAW 103-160—NOV. 30, 1993 
is in the best interests of the communities affected by the closure 
of the installation.". 
(b) DETERMINATIONS UNDER 1990 ACT.—Section 2905(b) of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXK of Public Law 101-510; 10 U.S.C. 2687 note), as amended 
by section 2903(b), is further amended by adding at the end the 
following: 
"(5)(A) Except as provided in subparagraph (B), the Secretary 
shall take such actions as the Secretary determines necessary to 
ensure that final determinations under subsection (b)(1) regarding 
J 
whether another department or agency of the Federal Government 
has identified a use for any portion of a military installation to 
be closed under this part, or will accept transfer of any portion 
of such installation, are made not later than 6 months after the 
date of approval of closure of that installation. 
"(B) The Secretary may, in consultation with the redevelopment 
authority with respect to an installation, postpone making the 
final determinations referred to in subparagraph (A) with respect 
to the installation for such period as the Secretary determines 
appropriate if the Secretary determines that such postponement 
is in the best interests of the communities affected by the closure 
of the installation.". 
(c) APPLICABILITY.—^The Secretary of Defense shall make the 
determinations required under section 2905(b)(5) of the Defense 
Base Closure and Realignment Act of 1990, as added by subsection 
(b), in the case of installations approved for closure under such 
Act before the date of the enactment of this Act, not later than 
6 months after the date of the enactment of this Act. 
SEC. 2906. AVAILABIUTY OF PROPERTY FOR ASSISTING THE HOME-
LESS. 
(a) AVAILABILITY OF PROPERTY UNDER 1988 
ACT.—Section 
204(b) of the Defense Authorization Amendments and Base Closure 
and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 
2687 note), as amended by section 2904(a), is further amended 
by adding after paragraph (5), as so added, the following: 
"(6XA) Except as provided in this paragraph, nothing in this 
section shall limit or otherwise affect the application of the provi-
sions of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11301 et seq.) to military installations closed under this 
title. 
"(BXi) Not later than the date on which the Secretary of Defense 
completes the determination under paragraph (5) of the transfer-
ability of any portion of an installation to be closed under this 
title, the Secretary shall— 
"(I) complete any determinations or surveys necessary to 
determine whether any building or property referred to in 
clause (ii) is excess property, surplus property, or unutilized 
or underutilized property for the purpose of the information 
referred to in section 501(a) of such Act (42 U.S.C. 11411(a)); 
and 
"(II) submit to the Secretary of Housing and Urban Devel-
opment information on any building or property that is so 
determined. 
"(ii) The buildings and property referred to in clause (i) are 
any buildings or property located at an installation referred to 
in that clause for which no use is identified, or of which no Federal 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1917 
department or agency will accept transfer, pursuant to the deter-
mination of transferability referred to in that clause. 
"(C) Not later than (30 days after the date on which the Sec-
retary of Defense submits information to the Secretary of Housing 
and Urban Development under subparagraph (B)(ii), the Secretary 
of Housing and Urban Development shall— 
"(i) identify the buildings and property described in such 
information that are suitable for use to assist the homeless; 
"(ii) notify the Secretary of Defense of the buildings and 
property that are so identified; 
"(iii) publish in the Federal Register a list of the buildings 
and property that are so identified, including with respect 
to each building or property the information referred to in 
section 501(c)(lXB) of such Act; and 
"(iv) make available with respect to each building and 
property the information referred to in section 501(cXl)(C) of 
such Act in accordance with such section 501(c)(1)(C). 
"(D) Any buildings and property included in a list published 
under subparagraph (CXiii) shall be treated as property available 
for application for use to assist the homeless under section 501(d) 
of such Act. 
"(E) The Secretary of Defense shall make available in accord-
ance with section 501(0 of such Act any buildings or property 
referred to in subparagraph (D) for which— 
"(i) a written notice of an intent to use such buildings 
or property to assist the homeless is received by the Secretary 
of Health and Human Services in accordance with section 
501(dX2)ofsuchAct; 
"(ii) an application for use of such buildings or property 
for such purpose is submitted to the Secretary of Health and 
Human Services in accordance with section 501(e)(2) of such 
Act; and 
"(iii) the Secretary of Health and Human Services— 
"(I) completes all actions on the application in accord-
ance with section 501(eX3) of such Act; and 
"(II) approves the application under section 501(e) of 
such Act. 
"(FXi) Subject to clause (ii), a redevelojjment authority may 
express in writing an interest in using buildings and property 
referred to in subparagraph (D), or use such buildings and property, 
in accordance with the redevelopment plan with respect to the 
installation at which such buildings and property are located as 
follows: 
"(I) If no written notice of an intent to use such buildings 
or property to assist the homeless is received by the Secretary 
of Health and Human Services in accordance with section 
501(dX2) of such Act during the 60-day period beginning on 
the date of the publication of the buildings and property under 
subparagraph (CXiii). 
"(II) In the case of buildings and property for which such 
notice is so received, if no completed application for use of 
the buildings or property for such purpose is received by the 
Secretary of Health and Human Services in accordance with 
section 501(eX2) of such Act during the 90-day period beginning 
on the date of the receipt of such notice. 
"(Ill) In the case of building and property for which such 
application is so received, if the Secretary of Health and Human 
Federal 
Register, 
publication. 
Public 
information. 
107 STAT. 1918 
PUBLIC LAW 103-160—NOV. 30, 1993 
Services rejects the application under section 501(e) of such 
Act. 
"(ii) Buildings and property shall be available only for the 
purpose of permitting a redevelopment authority to express in writ-
mg an interest in the use of such buildings and property, or to 
use such buildings and property, under clause (i) as follows: 
**(I) In the case of buildings and property referred to in 
clause (iXD, during the one-year period beginning on the first 
day after the 60-day period referred to in that clause. 
"(II) In the case of buildings and property referred to in 
clause (i)(II), during the one-year period beginning on the first 
day after the 90-day period referred to in that clause. 
**(III) In the case of buildings and property referred to 
in clause (i)(III), during the one-year period oeginning on the 
date of the rejection of the application referred to in that 
clause. 
"(iii) A redevelopment authority shall express an interest in 
the use of buildings and property under this subparagraph by 
notifying the Secretary of Defense, in writing, of sucn an interest. 
"(G)(i) Buildings and property available for a redevelopment 
authority under subparagraph (F) shall not be available for use 
to assist the homeless under section 501 of such Act while so 
available for a redevelopment authority. 
**(ii) If a redevelopment authority does not express an interest 
in the use of buildings or property, or commence the use of buildings 
or property, under subparagraph (F) within the applicable time 
periods specified in clause (ii) of such subparagraph, such buildings 
or property shall be treated as property available for use to assist 
the homeless under section 501(a) of such Act.". 
(b) AVAILABILITY OF PROPERTY UNDER 1990 
ACT.—Section 
2905(b) of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 
as amended by section 2904(b), is further amended by adding at 
the end the following: 
**(6)(A) Except as provided in this paragraph, nothing in this 
section shall limit or otherwise affect the application of the provi-
sions of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11301 et seq.) to military installations closed under this 
part. 
"(B)(i) Not later than the date on which the Secretary of Defense 
completes the determination under paragraph (5) of the transfer-
ability of any portion of an installation to be closed under this 
part, the Secretary shall— 
"(I) complete any determinations or surveys necessary to 
determine whether any building or property referred to in 
clause (ii) is excess property, surplus property, or unutilized 
or underutilized property for the purpose of the information 
referred to in section 501(a) of such Act (42 U.S.C. 11411(a)); 
and 
"(II) submit to the Secretary of Housing and Urban Devel-
opment information on any building or property that is so 
determined. 
"(ii) The buildings and property referred to in clause (i) are 
any buildings or property located at an installation referred to 
in that clause for which no use is identified, or of which no Federal 
department or agency will accept transfer, pursuant to the deter-
mination of transferability referred to in that clause. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1919 
"(C) Not later than 60 days after the date on which the Sec-
retanr of Defense submits information to the Secretary of Housing 
and Urban Development under subparagraph (B)(ii), the Secretary 
of Housing and Urban Development shall— 
"(i) identify the buildings and property described in such 
information that are suitable for use to assist the homeless; 
**(ii) notify the Secretary of Defense of the buildings and 
property that are so identified; 
"(iii) publish in the Federal Register a list of the buildings 
and property that are so identified, including with respect 
to each building or property the information referred to in 
section SOKcXiXB) of sucn Act; and 
"(iv) make available with respect to each building and 
property the information referred to in section 501(cXl)(C) of 
such Act in accordance with such section 501(cXl)(C). 
"(D) Any buildings and property included in a list published 
under subparagraph (CXiii) shall be treated as property available 
for application for use to assist the homeless under section 501(d) 
of such Act. 
"(E) The Secretary of Defense shall make available in accord-
ance with section 501(f) of such Act any buildings or property 
referred to in subparagraph (D) for which— 
"(i) a written notice of an intent to use such buildings 
or property to assist the homeless is received by the Secretary 
of Health and Human Services in accordance with section 
501(dX2)ofsuchAct; 
"(ii) an application for use of such buildings or property 
for such purpose is submitted to the Secretary of Health and 
Human Services in accordance with section 501(e)(2) of such 
Act; and 
"(iii) the Secretarj*^ of Health and Human Services— 
"(I) completes all actions on the application in accord-
ance with section 501(e)(3) of such Act; and 
"(H) approves the application under section 501(e) of 
such Act. 
"(FXi) Subject to clause (ii), a redevelopment authority may 
express in writing an interest in using buildings and property 
referred to subparagraph (D), or use such buildings and property, 
in accordance with the redevelopment plan with respect to the 
installation at which such buildings and property are located as 
follows: 
"(I) If no written notice of an intent to use such buildings 
or property to assist the homeless is received by the Secretory 
of Health and Human Services in accordance with section 
501(dX2) of such Act during the 60-day period beginning on 
the date of the publication of the buildings and property under 
subparagraph (C)(iii). 
"(II) In the case of buildings and property for which such 
notice is so received, if no completed application for use of 
the buildings or property for such purpose is received by the 
Secretory of Health and Human Services in accordance with 
section 501(e)(2) of such Act during the 90-day period beginning 
on the date of the receipt of such notice. 
"(Ill) In the case of buildings and property for which such 
application is so received, if the Secretary of Health and Human 
Services rejecto the application under section 501(e) of such 
Act. 
Federal 
Register, 
publication. 
Public 
information. 
107 STAT. 1920 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(ii) Buildings and property shall be available only for the 
purpose of permitting a redevelopment authority to express in writ-
mg an interest in the use of such buildings and property, or to 
use such buildings and property, under clause (i) as follows: 
**(I) In the case of buildings and property referred to in 
clause (i)(I), during the one-year period beginning on the first 
day after the 60-day period referred to in that clause. 
"(II) In the case of buildings and property referred to in 
clause (i)(II), during the one-year period beginning on the first 
day after the 90-day period referred to in that clause. 
"(Ill) In the case of buildings and property referred to 
in clause (i)(III), during the one-year period beginning on the 
date of the rejection of the application referred to in that 
clause. 
"(iii) A redevelopment authority shall express an interest in 
the use of buildings and property under this subparagraph by 
notifjdng the Secretary of Defense, in writing, of such an interest. 
"(G)(i) Buildings and property available for a redevelopment 
authority under subparagraph (F) shall not be available for use 
to assist the homeless under section 501 of such Act while so 
available for a redevelopment authority. 
"(ii) If a redevelopment authority does not express an interest 
in the use of buildings or property, or commence the use of buildings 
or property, imder subparagraph (F) within the applicable time 
periods specified in clause (ii) of such subparagraph, such buildings 
or property shall be treated as property available for use to assist 
the homeless under section 501(a) of such Act.". 
SEC. 2906. AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLA-
TIONS TO BE CLOSED. 
(a) LEASE AUTHORITY.—Subsection (f) of section 2667 of title 
10, United States Code, is amended to read as follows: 
"(f)(1) Notwithstanding subsection (a)(3), pending the final dis-
position of real property and personal property located at a military 
mstallation to be closed or realigned under a base closure law, 
the Secretary of the military department concerned may lease the 
property to any individual or entity under this subsection if the 
Secretary determines that such a lease would facilitate State or 
local economic adjustment efforts. 
"(2) Notwithstanding subsection (bX4), the Secretary concerned 
may accept consideration in an amount that is less than the fair 
market value of the lease interest if the Secretary concerned deter-
mines t h a t ^ 
"(A) a public interest will be served as a result of the 
lease; and 
(B) the fair market value of the lease is (i) unobtainable, 
or (ii) not compatible with such public benefit. 
"(3) Before entering into any lease under this subsection, the 
Secretary shall consult with the Administrator of the Environmental 
Protection Agency in order to determine whether the environmental 
condition of the property proposed for leasing is such that the 
lease of the property is advisable. The Secretary and the Adminis-
trator shall enter into a memorandum of understanding setting 
forth procedures for carrying out the determinations under this 
paragraph.". 
(b) DEFINITION.—Such section is further amended by adding 
at the end the following new subsection: 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1921 
**(g) In this section, the term 'base closure law' means each 
of the following: 
"(1) The Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note). 
"(2) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-526; 
10 U.S.C. 2687 note). 
"(3) Section 2687 of this title.". 
SEC. 2907. AUTHORITY TO CONTRACT FOR CERTAIN SERVICES AT 
INSTALLATIONS BEING CLOSED. 
(a) BASE CLOSURES UNDER 1988 ACT.—Section 204(b) of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), 
as amended by section 2902(a)(1)(B), is further amended by adding 
at the end the following: 
"(8XA) Subject to subparagraph (C), the Secretary may contract 
with local governments for the provision of police services, fire 
protection services, airfield operation services, or other community 
services by such governments at military installations to be closed 
under this title if the Secretary determines that the provision 
of such services under such contracts is in the best interests of 
the Department of Defense. 
"(B) The Secretary may exercise the authority provided under 
this paragraph without regard to the provisions of chapter 146 
of title 10, United States Code. 
"(C) The Secretarj' may not exercise the authority under 
subparagraph (A) with respect to an installation earlier than 180 
days before the date on which the installation is to be closed. 
"(D) The Secretary shall include in a contract for services 
entered into with a local government under this paragraph a clause 
that requires the use of professionals to furnish the services to 
the extent that professionals are available in the area under the 
jurisdiction of such govei-nment.". 
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905(b) of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as amended 
by section 2905(b) of this Act, is further amended by adding at 
the end the following: 
"(7XA) Subject to subparagraph (C), the Secretary may contract 
with local governments for the provision of police services, fire 
protection services, airfield operation services, or other community 
services by such governments at military installations to be closed 
under this part if the Secretary determines that the provision 
of such services under such contracts is in the best interests of 
the Department of Defense. 
"(B) The Secretary may exercise the authority provided under 
this paragraph without regard to the provisions of chapter 146 
of title 10, United States Code. 
"(C) The Secretary may not exercise the authority under 
subparagraph (A) with respect to an installation earlier than 180 
days before the date on which the installation is to be closed. 
"(D) The Secretary shall include in a contract for services 
entered into with a local government under this paragraph a clause 
that requires the use of professionals to furnish the services to 
107 STAT. 1922 
PUBLIC LAW 103-160—NOV. 30, 1993 
the extent that professionals are available in the area under the 
jurisdiction of such government.". 
SEC. 2908. AUTHORITY TO TRANSFER PROPERTY AT MILITARY 
INSTALLATIONS TO BE CLOSED TO PERSONS PAYING THE 
COST OF ENVIRONMENTAL RESTORATION ACriVITlES ON 
THE PROPERTY. 
(a) BASE CLOSURES UNDER 1988 ACT.—Section 204 of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) 
is amended by adding at the end the following new subsection: 
**(d) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF 
ENVIRONMENTAL REMEDIATION COSTS.—(IXA) Subject to paragraph 
(2) of this subsection and section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 962(Kh)), the Secretary may enter into an agreement 
I 
to transfer by deed real property or facilities referred to in subpara-
graph (B) with any person who agrees to perform all environmental 
restoration, waste management, and environmental compliance 
activities that are required for the property or facilities under 
Federal and State laws, administrative decisions, agreements 
(including schedules and milestones), and concurrences. 
"(B) The real property and facilities referred to in subparagraph 
(A) are the real propt^rty and facilities located at an installation 
closed or to be closed under this title that are available exclusively 
for the use, or expression of an interest in a use, of a redevelopment 
authority under subsection (bX6XF) during the period provided 
for that use, or expression of interest in use, under that suDsection. 
"(C) The Secretary may require any additional terms and condi-
tions in connection with an agreement authorized by subparagraph 
(A) as the Secretary considers appropriate to protect the interests 
of the United States. 
"(2) A transfer of real property or facilities may be made under 
paragraph (1) only if the Secretary certifies to Congress that— 
"(A) the costs of all environmental restoration, waste 
management, and environmental compliance activities to be 
paid by the recipient of the property or facilities are equal 
to or greater than the fair market value of the property or 
facilities to be transferred, as determined by the Secretary; 
or 
"(B) if such costs are lower than the fair market value 
of the property or facilities, the recipient of the property or 
facilities agrees to pay the difference oetween the fair market 
value and such costs. 
"(3) As part of an agreement under paragraph (1), the Secretary 
shall disclose to the person to whom the property or facilities 
will be transferred any information of the Secretary reg:arding the 
environmental restoration, waste management, and environmental 
compliance activities described in paragraph (1) that relate to the 
property or facilities. The Secretary shall provide such information 
before entering into the agreement. 
"(4) Nothing in this subsection shall be construed to modify, 
alter, or amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
'^(5) Section 330 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1923 
shall not apply to any transfer under this subsection to persons 
or entities described in subsection (aX2) of such section 330. 
"(6) The Secretary may not enter into an agreement to transfer 
property or facilities under this subsection after the expiration 
of the five-year period beginning on the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1994.". 
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905 of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXDC of Public Law 101-510; 10 U.S.C. 2687 note) is amended 
by adding at the end the following new subsection: 
"(e) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF 
ENVIRONMENTAL REMEDIATION COSTS.—<1)(A) Subject to paragraph 
(2) of this subsection and section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9620(h)), the Secretary may enter into an agreement 
to transfer by deed real property or facilities referred to in subpara-
graph (B) with any person who agrees to perform all environmental 
restoration, waste management, and environmental compliance 
activities that are required for the property or facilities imder 
Federal and State laws, administrative decisions, agreements 
(including schedules and milestones), and concurrences. 
"(B) The real property and facilities referred to in subparagraph 
(A) are the real property and facilities located at an installation 
closed or to be closed under this part that are available exclusively 
for the use, or expression of an interest in a use, of a redevelopment 
authority under subsection (bX6XF) during the period provided 
for that use, or expression of interest in use, under that subsection. 
"(C) The Secretary may require any additional terms and condi-
tions in connection with an agreement authorized by subparagraph 
(A) as the Secretary considers appropriate to protect the interests 
of the United States. 
"(2) A transfer of real property or facilities may be made under 
paragraph (1) only if the Secretary certifies to Congress that— 
"(A) the costs of all environmental restoration, waste 
management, and environmental compliance activities to be 
paid by the recipient of the property or facilities are equal 
to or greater than the fair market value of the property or 
facilities to be transferred, as determined by the Secretary; 
or 
"(B) if such costs are lower than the fair market value 
of the property or facilities, the recipient of the property or 
facilities agrees to pay the difference between the fair market 
value and such costs. 
"(3) As part of an agreement under paragraph (1), the Secretary 
shall disclose to the person to whom the property or facilities 
will be transferred any information of the Secretary regarding the 
environmental restoration, waste management, and environmental 
compliance activities described in paragraph (1) that relate to the 
property or facilities. The Secretary shall provide such information 
before entering into the agreement. 
"(4) Nothing in this subsection shall be construed to modify, 
alter, or amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
"(5) Section 330 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) 
107 STAT. 1924 
PUBLIC LAW 103-160—NOV. 30, 1993 
shall not apply to any transfer under this subsection to persons 
or entities aescribed in subsection (aX2) of such section 330. 
''(6) The Secretary may not enter into an agreement to transfer 
property or facilities imder this subsection after the expiration 
of the five-year period beginning on the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1994.". 
10 use 2687 
(c) REGULATIONS.—Not later than nine months after the date 
"°^- 
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Administrator of the Environmental Protection 
Agency, shall prescribe any regulations necessary to carry out sub-
section (d) of section 204 oi the Defense Authorization Amendments 
and Base Closure and Realignment Act (title II of Public Law 
100-526; 10 U.S.C. 2687 note), as added by subsection (a), and 
subsection (e) of section 2905 of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXDC of Public Law 
101-510; 10 U.S.C. 2687 note), as added by subsection (b). 
SEC. 2909. SENSE OF CONGRESS ON AVAXLABIUTY OF SURPLUS MHA-
TARY EQUIPMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense take all actions that the Secretary deter-
mines practicable to make available the military equipment referred 
to in subsection (b) to communities suffering significant adverse 
economic circumstances as a result of the closure of military 
installations. 
(b) COVERED EQUIPMENT.—^The equipment referred to in sub-
section (a) is surplus military equipment that— 
(1) is scheduled for retirement or disposal as a result of 
reductions in the size of the Armed Forces or the closure 
or realignment of a military installation imder a base closure 
law; 
(2) is important (as determined by the Secretary) to the 
economic development efforts of the communities referred to 
in subsection (a); and 
(3) has no other military uses (as so determined). 
SEC. 2910. IDENTIFICATION OF UNCONTAMINATED PROPERTY AT 
INSTALLATIONS TO BE CLOSED. 
The identification by the Secretarjr of Defense required imder 
section 12(XhX4XA) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(hX4XA)), 
and the concurrence required under section 12(XhX4XB) of such 
Act, shall be made not later than the earlier o
f
— 
(1) the date that is 9 months after the date of the submittal, 
if any, to the transition coordinator for the installation con-
cerned of a specific use proposed for all or a portion of the 
real property of the installation; or 
(2) the date specified in section 12(KhX4XCXiii) of such 
Act. 
10 use 2687 
SEC. 2911. COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIRE-
note- 
MENTS RELATING TO CLOSURE OF INSTALLATIONS. 
Not later than 12 months after the date of the submittal 
to the Secretary of Defense of a redevelopment plan for an installa-
tion approved for closure under a base closure law, the Secretary 
of Derense shall, to the extent practicable, complete any environ-
mental impact analyses required with respect to the installation, 
and with respect to the redevelopment plan, if any, for the installa-
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1925 
tion, pursuant to the base closure law under which the installation 
is closed, and pursuant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 2912. PREFERENCE FOR LOCAL AND SMALL BUSINESSES. 
(a) PREFERENCE REQUIRED.—In entering into contracts with Contracts. 
private entities as part of the closure or realignment of a military Justness 
installation under a base closure law, the Secretary of Defense lo USC 2687 
shall give preference, to the greatest extent practicable, to qualified note. 
businesses located in the vicinity of the installation and to small 
business concerns and small disadvantaged business concerns. Con-
tracts for which this preference shall be given shall include contracts 
to carry out activities for the environmental restoration and mitiga-
tion at military installations to be closed or realigned. 
(b) DEFINITIONS.—In this section: 
(1) The term "small business concern" means a business 
concern meeting the requirements of section 3 of the Small 
Business Act (15 U.S.C. 632). 
(2) The term ''small disadvantaged business concern" means 
the business concerns referred to in section 637(dXl) of such 
Act (15 U.S.C. 637(dXl)). 
(3) The term '^base closure law" includes section 2687 of 
title 10, United States Code. 
SEC. 2913. CONSIDERATION OF APPUCATIONS OF AFFECTED STATES 
AND COMMUNITIES FOR ASSISTANCE. 
Section 2391(b) of title 10, United States Code, is amended 
by adding at the end the following: 
"(6) To the extent practicable, the Secretary of Defense shall 
inform a State or local government applying for assistance under 
this subsection of the approval or rejection by the Secretary of 
the application for such assistance as follows: 
"(A) Before the end of the 7-day period beginning on the 
"^ 
date on which the Secretary receives the application, in the 
case of an application for a planning grant. 
"(B) Before the end of the 30-day period beginning on 
such date, in the case of an application for assistance to carry 
out a community adjustments and economic diversifications 
program. 
"(7XA) In attempting to complete consideration of applications 
within the time period specified in paragraph (6), the Secretary 
of Defense shall give priority to those applications requesting assist-
ance for a commimity described in subsection (fXD. 
"(B) If an application under paragraph (6) is rejected by the 
Secretary, the Secretary shall promptly inform the State or local 
government of the reasons for the rejection of the application.". 
SEC. 2914. CLARIFICATION OF UTILIZATION OF FUNDS FOR COMMU-
NITY ECONOMIC ADJUSTMENT ASSISTANCE. 
(a) UTILIZATION OF FUNDS.—Subject to subsection (b), funds 
made available to the Economic Development Administration for 
economic adjustment assistance under section 4305 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2700) may by utilized by the administration for 
administrative activities in support of the provision of such assist-
ance. 
107 STAT. 1926 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) LIMITATION.—^Not more than three percent of the funds 
referred to in subsection (a) may be utiHzed by the administration 
for the administrative activities referred to in such subsection. 
10 use 2687 
SEC. 2915. TRANSITION COORDINATORS FOR ASSISTANCE TO COMMU-
note. 
NTTIES AFFECTED BY THE CLOSURE OF INSTALLATIONS. 
(a) IN GENERAL.—^The Secretary of Defense shall designate 
a transition coordinator for each military installation to be closed 
under a base closure law. The transition coordinator shall carry 
out the activities for such coordinator set forth in subsection (c). 
(b) TIMING OF DESIGNATION.—A transition coordinator shall 
be designated for an installation imder subsection (a) as follows: 
(1) Not later than 15 days after the date of approval of 
closure of the installation. 
(2) In the case of installations approved for closure under 
a base closure law before the date of the enactment of this 
Act, not later than 15 days after such date of enactment. 
(c) RESPONSIBILITIES.—^A transition coordinator designated with 
respect to an installation shall— 
(1) encourage, after consultation with officials of Federal 
and State departments and agencies concerned, the develop-
ment of strategies for the expeditious environmental cleanup 
and restoration of the installation by the Department of 
Defense; 
(2) assist the Secretary of the military department con-
cerned in designating real property at the installation that 
has the potential for rapid and beneficial reuse or redevelop-
ment in accordance with the redevelopment plan for the 
installation; 
(3) assist such Secretary in identifying strategies for accel-
erating completion of environmental cleanup and restoration 
of the real property designated under paragraph (2); 
(4) assist such Secretary in developing plans for the closure 
of the installation that take into account the goals set forth 
in the redevelopment plan for the installation; 
(5) assist such Secretary in developing plans for ensuring 
that, to the maximum extent practicable, tne Department of 
Defense carries out any activities at the installation after the 
closure of the installation in a manner that takes into account, 
and supports, the redevelopment plan for the installation; 
(6) assist the Secretary of Defense in making determina-
tions with respect to the transferability of property at the 
installation imder section 204(bX5) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (title II 
of Public Law 100-526; 10 U.S.C. 2687 note), as added by 
section 2904(a) of this Act, and under section 2905(b)(5) of 
the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXDC of Public Law 101-510; 10 U.S.C. 2687 note), 
as added b^ section 2904(b) of this Act, as the case may be; 
(7) assist the local redevelopment authority with respect 
to the installation in identifying real property or personal prop-
erty at the installation that may have significant potential 
for reuse or redevelopment in accordance with the redevelop-
ment plan for the installation; 
(8) assist the Office of Economic Adjustment of the Depart-
ment of Defense and other departments and agencies of the 
Federal Government in coordinating the provision of assistance 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1927 
under transition assistance and transition mitigation programs 
with commimity redevelopment activities with respect to the 
installation; 
(9) assist the Secretary of the military department con-
cerned in identifying property located at the installation that 
may be leased in a manner consistent with the redevelopment 
plan for the instellation; and 
(10) assist the Secretory of Defense in identifying real 
property or personal property at the installation that may 
be utilized to meet the needs of the homeless by consulting 
with the Secretory of Housing and Urban Development and 
the local lead agency of the homeless, if any, referred to in 
section 210(b) of the Stewart B. McKinney Homeless Assistonce 
Act (42 U.S.C. 11320(b)) for the Stote in which the installation 
is located. 
SEC. 2916. SENSE OF C^ONGRESS ON SEMINARS 
ON REUSE 
OR 
REDEVELOPMENT OF PROPERTY AT INSTALLATIONS TO 
BE CLOSED. 
It is the sense of Congress that the Secretory of Defense conduct 
seminars for each community in which is located a military instolla-
tion to be closed under a base closure law. Any such seminar 
shall— 
(1) be conducted within 6 months after the date of approval 
of closure of the installation concerned; 
(2) address the various Federal programs for the reuse 
and redevelopment of the installation; and 
(3) provide information about emplojonent assistonce 
(including employment assistonce under Federal programs) 
available to members of such communities. 
SEC. 2917. FEASIBILITY STUDY ON ASSISTING LOCAL COMMUNITIES 
AFFECTED BY THE CLOSURE OR REALIGNMENT OF MIU-
TARYINSTAIXATIONS. 
(a) STUDY.—^The Scjcretory of Defense shall conduct a study 
to determine the feasibility of assisting local communities recovering 
from the adverse economic impact of the closure or major realign-
ment of a militory installation under a base closure law by reserving 
for granto to the communities under section 2391(b) of title 10, 
Unitod Stotos Code, an amount eaual to not less than 10 percent 
of the totol projected savings to be realized by the Department 
of Defense in the first 10 years after the closure or m£uor realign-
ment of the instollation as a result of the closure or realignment. 
(b) REPORT.—Not later than March 1, 1994, the Secretly shall 
submit to Congress a report containing the resulto of the study 
required by this subsection. The report shall include— 
(1) an estimate of the amount of the projected savings 
described in subsection (a) to be realized by the Department 
of Defense as a result of each base closure or maior realignment 
approved before the dato of the enactment of this Act; and 
(2) a recommendation regarding the fiuiding sources within 
the budget for the Department of Defense from which amounto 
for the granto descrioed in subsection (a) could be derived. 
SEC. 2918. DEFINITIONS. 
10 USC 2687 
(a) SUBTITLE A OF TITLE XXDC.—In this subtitle: 
"
°
*
®
" 
(1) The term "base closure law" means the following: 
107 STAT. 1928 
PUBLIC LAW 103-160—NOV. 30, 1993 
(A) The provisions of title II of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act 
(Public Law 100-526; 10 U.S.C. 2687 note). 
(B) The Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note). 
(2) The term "date of approval", with respect to a closure 
or realignment of an installation, means the date on which 
the authority of Congress to disapprove a recommendation of 
closure or realignment, as the case may be, of such installation 
under the applicable base closure law expires. 
(3) The term "redevelopment authority**, in the case of 
an installation to be closed under a base closure law, means 
any entity (including an entity established by a State or local 
government) recognized by the Secretary of Defense as the 
entity responsible for developing the redevelopment plan with 
respect to the installation and for directing the implementation 
of such plan. 
(4) The term "redevelopment plan**, in the case of an 
installation to be closed imder a base closure law, means a 
plan that— 
(A) is agreed to by the redevelopment authority with 
respect to the installation; and 
(B) provides for the reuse or redevelopment of the 
real property and personal property of the installation that 
is available for such reuse and redevelopment as a result 
of the closure of the installation. 
(b) BASE CLOSURE ACT 1988.—Section 209 of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(title II of Public Law 100-526; 10 U.S.C. 2687 note) is amended 
by adding at the end the following: 
(10) The term 'redevelopment authority*, in the case of 
an installation to be closed under this title, means any entity 
(including an entity established by a State or local government) 
recognized by the Secretary of Defense as the entity responsible 
for developing the redevelopment plan with respect to the 
installation and for directing the implementation of such plan. 
"(11) The term 'redevelopment plan* in the case of em 
installation to be closed under this title, means a plan that— 
"(A) is agreed to by the redevelopment authority with 
respect to the installation; and 
"(B) provides for the reuse or redevelopment of the 
real property and personal propertv of the installation that 
is available for such reuse or redevelopment as a result 
of the closiire of the installation.**. 
(c) BASE CLOSURE ACT 1990.—Section 2910 of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding 
at the end the following new paragraph: 
"(8) The term 'date of approval*, with respect to a closure 
or realignment of an installation, means the date on which 
the authority of Congress to disapprove a recommendation of 
closure or realignment, as the case may be, of such installation 
iinder this part expires. 
"(9) The term 'redevelopment authority*, in the case of 
an installation to be closed under this part, means any entity 
(including an entity established by a State or local government) 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1929 
recognized by the Secretary of Defense as the entity responsible 
for developing the redevelopment plan with respect to the 
installation and for directing the implementation of such plan. 
''(10) The term 'redevelopment plan' in the case of an 
installation to be closed imder this part, means a plan that— 
"(A) is agreed to by the local redevelopment authority 
with respect to the installation; and 
"(B) provides for the reuse or redevelopment of the 
real property and personal property of the installation that 
is available for such reuse and redevelopment as a result 
of the closure of the installation.**. 
Subtitle B—Other Matters 
SEC. 2921. BASE CLOSURE ACCOUNT MANAGEMENT FLEXIBILITY. 
(a) BASE CLOSURES UNDER 1988 ACT.—Section 207(a) of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) 
is amended by adding at the end the following new paragraph: 
"(7) Proceeds received after September 30, 1995, from the trans-
fer or disposal of any property at a military installation closed 
or realigned under this title shall be deposited directly into the 
Department of Defense Base Closure Account 1990 estoblished by 
section 2906(a) of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note).". 
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2906 of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended— 
(1) in subsection (aX2)— 
(A) by striking out "and" at the end of subparagraph 
(B); 
(B) by striking out the period at the end of subpara-
graph (C) and inserting in lieu thereof"; and"; and 
(C) by adding at the end the following new subpara-
graph: 
"(D) proceeds received after September 30, 1995, from the 
transfer or disposal of any property at a militery installation 
closed or realigned under title II of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 10 U.S.C. 2687 note)."; and 
(2) in subsection (b), by striking out paragraph (1) and 
inserting in lieu thereof the following new paragraph: 
"(1) The Secretory may use the funds in the Accoimt only 
for the purposes described in section 2905 or, after September 
30, 1995, for environmental restoration and property management 
and disposal at instollations closed or realigned under title II of 
the Defense Authorization Amendments and Base Closure and 
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).". 
(c) TECHNICAL CORRECTION.—Paragraphs (2) and (3) of section 
2906(c) of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
are each amended by striking out "aft«r the termination of the 
Commission" and inserting in lieu thereof "aft;er the 
termination 
69-194 O - 94 - 32 : QL. 3 Part 2 
107 STAT. 1930 
PUBLIC LAW 103-160—NOV. 30, 1993 
of the authority of the Secretary to carry out a closure or realign-
ment under this part". 
10 use 2687 
SEC. 2922. LIMITATION ON EXPENDITURE OF FUNDS FROM THE 
note. 
DEFENSE BASE CLOSURE ACCOUNT 1990 FOR MILITARY 
CONSTRUCTION IN SUPPORT OF TRANSFERS OF FUNC-
TIONS. 
(a) LIMITATION.—If the Secretary of Defense recommends to 
the Defense Base Closure and Realignment Commission pursuant 
to section 2903(c) of the 1990 base closure Act that an installation 
be closed or realised, the Secretary identifies in documents submit-
ted to the Commission one or more installations to which a function 
performed at the recommended installation would be transferred, 
and the recommended installation is closed or realigned pursuant 
to such Act, then, except as provided in subsection (b), funds in 
the Defense Base Closure Accoimt 1990 may not be used for military 
construction in support of the transfer of that function to anv 
installation other than an installation so identified in such 
documents. 
(b) EXCEPTION.—^The limitation in subsection (a) ceases to be 
applicable to military construction in support of the transfer of 
a function to an installation on the 60th day following the date 
on which the Secretary submits to the Committees on Anned Serv-
ices of the Senate and House of Representatives a notification 
of the proposed transfer that— 
(1) identifies the installation to which the function is to 
be transferred; and 
(2) includes the justification for the transfer to such 
installation. 
(c) DEFINITIONS.—In this section: 
(1) The term ''1990 base closure Act" means the Defense 
Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 10 U.S.C. 2687 note). 
(2) The term "Defense Base Closure Account 1990" means 
the account established under section 2906 of the 1990 base 
closure Act. 
SEC. 2923. MODIFICATION OF REQUIREMENT FOR REPORTS ON 
ACnVITIES UNDER THE DEFENSE BASE CLOSURE 
ACCOUNT1990. 
Section 2906(cXl) of the Defense Base Closvire and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended— 
(1) by inserting "(A)" afl:er "(1)"; and 
(2) by adding at the end the following: 
"(B) The report for a fiscal year shall include the following: 
"(i) The obligations and expenditures from the Account 
during the fiscal year, identified by subaccount, for each mili-
tary Apartment and Defense Agency. 
"(ii) The fiscal year in which appropriations for such 
expenditures were made and the fiscal year in which funds 
were obligated for such expenditures. 
"(iii) Each military construction project for which such 
obligations and expenditures were made, identified by installa-
tion and project title. 
"(iv) A description and explanation of the extent, if any, 
to which expenditures for military construction projects for 
the fiscal year differed from proposals for projects and funding 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1931 
levels that were included in the justification transmitted to 
Congress under section 2907(1), or otherwise, for the funding 
proposals for the Account for such fiscal year, including an 
explanation of— 
"(I) any failiire to carry out military construction 
projects that were so proposed; and 
"(11) any expenditures for military construction projects 
that were not so proposed.". 
SEC. 2924. RESIDUAL VALUE OF OVERSEAS INSTALLATIONS BEING 
CLOSED. 
(a) ANNUAL REPORTS.—Section 1304(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 
U.S.C. 113 note) is amended— 
(1) in paragraph (1), by inserting "by installation" after 
"basing plan"; 
(2) hy striking out paragraph (3) and inserting in lieu 
thereof the following: 
"(3) both— 
"(A) the status of negotiations, if any, between the 
United States and the host government as to (i) United 
States claims for compensation for the fair market value 
of the improvements made by the United States at each 
installation referred to in paragraph (2), and (ii) any claims 
of the host government for damages or restoration of the 
installation; and 
"(B) the representative of the United States in any 
such negotiations;"; 
(3) by redesignating paragraph (6) as paragraph (7); and 
(4) by striking out paragraph (5) and inserting in lieu 
thereof the following new paragraphs (5) and (6): 
"(5) the cost to the United States of any improvements 
made at each installation referred to in paragraph (2) and 
the fair market value of such improvements, expressed in con-
stant dollars based on the date of completion of the improve-
ments; 
"(6) in each case in which negotiations between the United 
States and a host government have resulted in an agreement 
for the pa3rment to the United Stetes by the host government 
of the value of improvements to an instellation made by the 
United States, the amount of such payment, the form of such 
payment, and the expected date of such payment; and". 
(b) OMB REVIEW OF PROPOSED SETTLEMENTS.—Section 2921 
of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding 
at the end the following: 
"(g) OMB REVIEW OF PROPOSED SETTLEMENTS.-The Secretary 
of Defense may not enter into an agreement of settlement with 
a host country regarding the release to the host country of improve-
ments made by the United States to facilities at an installation 
located in the host country until 30 days after the date on which 
the Secretory submits the proposed settlement to the Director of 
the Office of Management and Budget. The Director shall evaluate 
the overall equity of the proposed settlement. In evaluating the 
proposed settlement, the Director shall consider such factors as 
the extent of the United States capital investment in the improve-
ments being released to the host coimtry, the depreciation of the 
107 STAT. 1932 
PUBLIC LAW 103-160—NOV. 30, 1993 
improvements, the condition of the improvements, and 
any 
applicable requirements for environmental remediation or restora-
tion at the installation.". 
10 use 2687 
SEC. 2925. SENSE OF CONGRESS ON DEVELOPMENT OF BASE CLO-
note. 
SURE CRITERIA. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense consider, in developing in accordance with 
section 2903(bX2)(B) of the Defense Base Closure and Realignment 
Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) amended 
criteria, whether such criteria should include the direct costs of 
such closures and realignments to other Federal departments and 
agencies. 
(b) REPORT ON AMENDMENT.—(1) The Secretary shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on any amended criteria developed 
bv the Secretary under section 2903(b)(2)(B) of the Defense Base 
Cflosure and Realignment Act of 1990 after the date of the enact-
ment of this Act. Such report shall include a discussion of the 
amended criteria and include a justification for any decision not 
to propose a criterion regarding the direct costs of base closures 
and realignments to other Federal agencies and departments. 
(2) The Secretary shall submit the report upon publication 
of the amended criteria in accordance with section 2903(b)(2)(B) 
of the Defense Base Closure and Realignment Act of 1990. 
SEC. 2926. INFORMATION RELATING TO RECOMMENDATIONS 
FOR 
THE CLOSURE OR REALIGNMENT OF MILITARY INSTALLA-
TIONS. 
(a) SUBMITTAL OF REPORT TO COMMISSION.—Subsection (c)(1) 
of section 2903 of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note) is amended by striking out "March 15, 1995," and 
inserting in lieu thereof "March 1,1995,". 
(b) SUMMARY OF SELECTION PROCESS AND JUSTIFICATION OF 
RECOMMENDATIONS.—Subsection (c)(2) of such section is amended 
by adding at the end the following: "The Secretary shall transmit 
the matters referred to in the preceding sentence not later than 
7 days after the date of the transmittal to the congressional defense 
committees and the Commission of the list referred to in paragraph 
(1).". 
(c) 
SUBMITTAL OF INFORMATION TO CONGRESS.—Subsection 
(cX6) of such section is amended to read as follows: 
"(6) Any information provided to the Commission by a person 
described in paragraph (5XB) shall also be submitted to the Senate 
and the House or Representatives to be made available to the 
Members of the House concerned in accordance with the rules 
of that House. The information shall be submitted to the Senate 
and House of Representatives within 24 hours after the submission 
of the information to the Commission.". 
(d) PUBLICATION OF INFORMATION ON CHANGES RECOMMENDED 
BY COMMISSION.—Subsection (dXlX2XCXiii) of such section is 
amended by striking out "30 days" and inserting in lieu thereof 
"45 days". 
SEC. 2927. PUBLIC PURPOSE EXTENSIONS. 
Section 203 of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 484) is amended— 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1933 
(1) in subsection (o) in the first sentence by inserting "or 
(q)" after "subsection (p)"; and 
(2) by adding at the end the following: 
**(qXl) Under such regulations as the Administrator, after con- Regulations. 
sultation with the Secretary of Defense, may prescribe, the Adminis-
trator, or the Secretary of Defense, in the case of property located 
at a military installation closed or realigned pursuant to a base 
closure law, may, in his or her discretion, assign to the Secretary 
of Transportation for disposal such surplus real property, including 
buildings, fixtures, and equipment situated thereon, as is rec-
ommended by the Secretary of Transportation as being needed 
for the development or operation of a port facility. 
"(2) Subject to the disapproval of the Administrator or the 
Secretary of Defense within 30 days after notice by the Secretary 
of Transportation of a proposed conveyance of property for any 
of the purposes described in paragraph (1), the Secretary of 
Transportation, through such oHicers or employees of the Depart-
ment of Transportation as he or she may designate, may convey, 
at no consideration to the United States, such surplus real property, 
including buildings, fixtures, and equipment situated thereon, for 
use in the development or operation of a port facility to any State, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the 
Pacific Islands, the Commonwealth of the Northern Mariana 
Islands, or any political subdivision, municipality, or instrumental-
ity thereof. 
**(3) No transfer of property may be made under this subsection 
until the Secretary of Transportation has— 
"(A) determined, after consultation with the Secretary of 
Labor, that the property to be conveyed is located in an area 
of serious economic aisruption; 
"(B) received and, after consultation with the Secretary 
of Commerce, approved an economic development plan submit-
ted by an eligible gn^antee and based on assured use of the 
property to be conveyed as part of a necessary economic develop-
ment program; and 
"(C) transmitted to Congress an explanatory statement that 
contains information substantially similar to the information 
contained in statements prepared under subsection (eX6). 
"(4) The instrument of conveyance of any surplus real property 
and related personal property disposed of under this subsection 
shall— 
"(A) provide that all such property shall be used and main-
tained in perpetuity for the purpose for which it was conveyed, 
and that if the property ceases to be used or maintained for 
that purpose, all or any portion of the property shall, in its 
then existing condition, at the option of the United States, 
revert to the United States; and 
"(B) contain such additional terms, reservations, restric- Regulations. 
tions, and conditions as the Secretary of Transportation shall 
by regulation require to assure use of the property for the 
purposes for which it was conveyed and to safeguard the 
interests of the United States. 
"(5) With respect to surplus real property and related personal 
property conveyed pursuant to this subsection, the Secretary of 
Transportation shall— 
107 STAT. 1934 
PUBLIC LAW 103-160—NOV. 30, 1993 
"(A) determine and enforce compliance with the terms, 
conditions, reservations, and restrictions contained in any 
instrument by which such conveyance was made; 
"(B) reform, correct, or amend any such instrument by 
the execution of a corrective, reformative, or amendatory 
instnmient if necessary to correct such instrument or to con-
form such conveyance to the requirements of appHcable law; 
and 
"(C)(i) grant releases from any of the terms, conditions, 
reservations, and restrictions contained in, and (ii) convey, quit-
claim, or release to the grantee any right or interest reserved 
to the United States by, any instrument by which such convey-
ance was made, if the Secretary of Transportation determines 
that the property so conveyed no longer serves the purpose 
for which it was conveyed, or that such release, conveyance, 
or quitclaim deed will not prevent accomplishment of the pur-
pose for which such property was so conveyed, except that 
any such release, conveyance, or quitclaim deed may be granted 
on, or made subject to, such terms and conditions as the Sec-
retary of Transportation considers necessary to protect or 
advance the interests of the United States. 
*'(6) In this section, the term 'base closure law* means the 
following: 
"(A) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-526; 
10 U.S.C. 2687 note). 
"(B) The Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note). 
"(C) Section 2687 of title 10, United States Code.". 
SEC. 2928. EXPANSION OF CONVEYANCE AUTHORITY REGARDING 
FINANCIAL FACILITIES ON CLOSED MILITARY INSTALLA-
TIONS TO INCLUDE ALL DEPOSITORY INSTITUTIONS. 
(a) INCLUSION OF OTHER 
DEPOSITORY 
INSTITUTIONS 
WITH 
CREDIT UNIONS.—Section 2825 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
10 U.S.C. 2687 note) is amended— 
(1) by striking "credit union" each place it appears and 
inserting in lieu thereof "depository institution"; 
(2) in subsection (c), by striking "business"; and 
(3) by adding at the end the following new subsection: 
"(e) DEPOSITORY INSTITUTION DEFINED.—For purposes of this 
section, the term 'depository institution' has the meaning given 
that term in section 19(b)(lXA) of the Federal Reserve Act (12 
U.S.C. 461(b)(lXA)).". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
•«EC. 2825. DISPOSITION OF FACILITIES OF DEPOSITORY INSTITU-
TIONS ON MILITARY INSTALLATIONS TO BE CLOSED.". 
(2) The table of contents in section 2(b) of such Act is amended 
by striking out the item relating to section 2825 and inserting 
in lieu thereof the following: 
'^825. Disposition of facilities of depository institutions on military installations to 
be closed.". 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1935 
(c) AMENDMENT FOR STYLISTIC CONSISTENCY.—Subsection (c) 
of such section 2825 is amended by striking out "plan for the 
reuse of the installation developed in coordination with the commu-
nity in which the facility is located" and inserting in lieu thereof 
"redevelopment plan with respect to the installation". 
SEC. 2929. ELECTRIC POWER ALLOCATION AND ECONOMIC DEVELOP-
MENT AT CERTAIN MIUTARY INSTALLATIONS TO BE 
CLOSED IN THE STATE OF CALIFORNIA. 
For a 10-year period beginning on the date of the enactment 
of this Act, the electric power allocations provided as of that date 
by the Western Area Power Administration from the Central Valley 
Project to military installations in the State of California approved 
for closure pursuant to the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) shall be reserved for sale through long-term 
contracts to preference entities that agree to use such power to 
promote economic development at a military installation that is 
closed or selected for closure pursuant to that Act. To the extent 
power reserved by this section is not disposed of pursuant to this 
section, it shall be made available on a temporary basis during 
such period to military installations in the State of California 
through short-term contracts. Within one year of the date of the Reports, 
enactment of this Act, the Secretary of Energy shall, in consultation 
with the Secretary of Defense, submit to Congress a report with 
recommendations regarding the disposition of electric power alloca-
tions provided by the Federal Power Marketing Administrations 
to other military installations closed or approved for closure. The 
report shall consider the option of using such power to promote 
economic development at closed military installations. 
SEC. 2930. TESTIMONY 
BEFORE 
DEFENSE 
BASE 
CLOSURE AND 
REAUGNMENT COMMISSION. 
(a) OATHS REQUIRED.—Section 2903(d)(1) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding 
at the end the following new sentence: "All testimony before the 
Commission at a public hearing conducted under this paragraph 
shall be presented under oath.". 
(b) APPLICATION OF AMENDMENT.—The amendment made by lo use 2687 
this section shall apply with respect to all public hearings conducted 
^°^' 
by the Defense Base Closure and Realignment Commission after 
the date of the enactment of this Act. 
107 STAT. 1936 
PUBLIC LAW 103-160—NOV. 30, 1993 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. WEAPONS ACTIVITIES. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1994 
for operating expenses incurred in carrying out weapons activities 
necessary for national security programs in the amount of 
$3,642,297,000, to be allocated as follows: 
(1) For research and development, $1,129,325,000. 
(2) For testing, $217,326,000. 
(3) For stockpile support, $1,792,280,000. 
(4) For program direction, $177,466,000. 
(5) For complex reconfiguration, $168,500,000. 
(6) For stockpile stewardship, $157,400,000. 
(b) PLANT PROJECTS.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1994 for plant 
projects (including maintenance, restoration, planning, construction, 
acquisition, modification of facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
thereto) in canying out weapons activities necessary for national 
security programs as follows: 
Project GPD-101, general plant projects, various locations, 
$16,500,000. 
Project GPD-121, general plant projects, various locations, 
$7,700,000. 
Project 94-D-102, nuclear weapons research, development, 
and testing facilities revitalization. Phase V, various locations, 
$4,000,000. 
Project 94-D-124, hydrogen fluoride supply system. Oak 
Ridge Y-12 Plant, Oak Ridge, Tennessee, $5,000,000. 
Project 94-D-125, upgrade life safety, Kansas City Plant, 
Kansas City, Missouri, $1,000,000. 
Project 94-D-127, emergency notification system, Pantex 
Plant, Amarillo, Texas, $1,000,000. 
Project 94-D-128, environmental safety and health analyt-
ical laboratory, Pantex Plant, Amarillo, Texas, $800,000. 
Project 93-D-102, Nevada support facility. North Las 
Vegas, Nevada, $4,000,000. 
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak 
Ridge, Tennessee, $5,000,000. 
Project 
93-D-123, 
complex-21, 
various 
locations, 
$25,000,000. 
Project 92-D-102, nuclear weapons research, development, 
and testing facilities revitalization. Phase IV, various locations, 
$27,479,000. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1937 
Project 92-D-126, replace emergency notification systems, 
various locations, $10,500,000. 
Project 90-I>-102, nuclear weapons research, development, 
and testing facilities revitalization. Phase III, various locations, 
$30,805,000. 
Project 88-D-106, nuclear weapons research, development, 
and testing facilities revitalization, Phase II, various locations, 
$39,624,000. 
Project 88-D-122, facilities capability assurance program, 
various locations, $27,100,000. 
Project 88-D-123, security enhancements, Pantex Plant, 
Amarillo, Texas, $20,000,000. 
Project 85-D-121, air and water pollution control facilities, 
Y-12 Plant, Oak Ridge, Tennessee, $3,000,000. 
(c) CAPITAL EQUIPMENT.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1994 
for capital equipment not related to construction in carrying out 
weapons activities necessary for national security programs in the 
amount of $118,034,000, to be allocated as follows: 
(1) For research and development, $82,879,000. 
(2) For testing, $19,400,000. 
(3) For stockpile support, $12,136,000. 
(4) For program direction, $3,619,000. 
(d) ADJUSTMENTS.—^The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in subsections (a) through (c)— 
(1) reduced by— 
(A) $443,641,000, for use of prior year balances; and 
(B) $50,000,000, for salary reductions; and 
(2) increased by $100,000,000, for contractor emplo3anent 
transition. 
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1994 
for operating expenses incurred in carrying out environmental res-
toration and waste management activities necessary for national 
security programs in the amount of $4,918,878,000, to be allocated 
as follows: 
(1) For corrective activities, $2,170,000. 
(2) For environmental restoration, $1,536,027,000. 
(3) For waste management, $2,362,106,000. 
(4) For technology development, $371,150,000. 
(5) For transportation management, $19,730,000. 
(6) For program direction, $82,427,000. 
(7) For facility transition, $545,268,000. 
(b) PLANT PROJECTS.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1994 for plant 
projects (including maintenance, restoration, planning, construction, 
acquisition, modification of facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
thereto) in carrying out environmental restoration and waste 
management activities necessary for national security programs 
as follows: 
Project GPD-171, general plant projects, various locations, 
$48,180,000. 
107 STAT. 1938 
PUBLIC LAW 103-160—NOV. 30, 1993 
Project 94-D-122, underground storage tanks, Rocky Flats, 
Colorado, $700,000. 
Project 94-D-400, high explosive wastewater treatment 
system, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $1,000,000. 
Project 94-D-401, emergency response facility, Idaho 
National Engineering Laboratory, Idaho, $600,000. 
Project 94-D-402, liquid waste treatment system, Nevada 
Test Site, Nevada, $2,114,000. 
Project 94-D-404, Melton Valley storage tank capacity 
increase. Oak Ridge National Laboratory, Oak Ridge, Ten-
nessee, $9,400,000. 
Project 94-D-405, central neutralization facility pipeline 
extension project, K-25, Oak Ridge, Tennessee, $1,714,000. 
Project 94-D-406, low-level waste disposal facilities, K-
25, Oak Ridge, Tennessee, $6,000,000. 
Project 94-D-407, initial tank retrieval systems, Richland, 
Washington, $7,000,000. 
Project 94-D-408, office facilities—200 East, Richland, 
Washington, $1,200,000. 
Project 94-D-411, solid waste operation complex, Richland, 
Washington, $7,100,000. 
Project 94-D-412, 300 area process sewer piping upgrade, 
Richland, Washington, $1,100,000. 
Project 94-D--414, site 300 explosive waste storage facility, 
Lawrence Livermore National Laboratory, Livermore, Califor-
nia, $370,000. 
Project 
94-D-415, medical 
facilities, 
Idaho 
National 
Engineering Laboratory, Idaho, $1,110,000. 
Project 94-D-416, solvent storage tanks installation. 
Savannah River, South Carolina, $1,500,000. 
Project 94-D-451, infrastructure replacement, Rocky Flats 
Plant, Golden, Colorado, $6,600,000. 
Project 93-D-172, electrical upgrade, Idaho 
National 
Engineering Laboratory, Idaho, $9,600,000. 
Project 93-D-174, plant drain waste water treatment 
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $3,500,000. 
Project 93-D-175, industrial waste compaction facility, 
Y-12 Plant, Oak Ridge, Tennessee, $1,800,000. 
Project 93-D-176, Oak Ridge reservation storage facility, 
K-25 Plant, Oak Ridge, Tennessee, $6,039,000. 
Project 93-D-177, disposal of K-1515 sanitary water treat-
ment plant waste, K-25 Plant, Oak Ridge, Tennessee, 
$7,100,000. 
Project 93-D-178, building 374 liquid waste treatment 
facility. Rocky Flats, Golden, Colorado, $1,000,000. 
Project 93-D-181, radioactive liquid waste line replace-
ment, Richland, Washington, $6,000,000. 
Project 93-D-182, replacement of cross-site transfer sys-
tem, Richland, Washington, $6,500,000. 
Project 93-D-183, multi-tank waste storage facility, Rich-
land, Washington, $45,660,000. 
Project 93-D-184, 325 facility compliance/renovation, Rich-
land, Washington, $3,500,000. 
Project 93-D-185, landlord program safety compliance. 
Phase II, Richland, Washington, $1,351,000. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1939 
Project 93-D-187, high-level waste removal from filled 
waste 
tanks, 
Savannah 
River, 
Aiken, 
South 
Carolina, 
$3,000,000. 
Project 93-D-188, new sanitary landfill. Savannah River, 
Aiken, South Carolina, $1,020,000. 
Project 92-D-125, master safeguards and security agree-
ment/materials surveillance task force security upgrades, Rocky 
Flats Plant, Golden, Colorado, $3,900,000. 
Project 92-D-172, hazardous waste treatment and process-
ing facility, Pantex Plant, Amarillo, Texas, $300,000. 
Project 92-D-173, nitrogen oxide abatement facility, Idaho 
Chemical Processing Plant, Idaho National Engineering Labora-
tory, Idaho, $10,000,000. 
Project 92-D-177, tank 101-AZ waste retrieval system, 
Richland, Washington, $7,000,000. 
Project 92-D-181, INEL fire and life safety improvements, 
Idaho ^fational Engineering Laboratory, Idaho, $5,000,000. 
Project 92-D-182, INEL sewer system upgrade, Idaho 
National Engineering Laboratory, Idaho, $1,450,000. 
Project 92-D-183, INEL transportation complex, Idaho 
National Engineering Laboratory, Idaho, $7,198,000. 
Project 92-D-184, Hanford infrastructure 
underground 
storage tanks, Richland, Washington, $300,000. 
Project 92-D-186, steam system rehabilitation. Phase II, 
Richland, Washington, $4,300,000. 
Project 92-D-187, 300 area electrical distribution, conver-
sion, and safety improvements, Phase II, Richland, Washington, 
$10,276,000. 
Project 92-D-188, waste management ES&H, and compli-
ance activities, various locations, $8,568,000. 
Project 92-D-403, tank upgrade project, Lawrence Liver-
more National Laboratory, California, $3,888,000. 
Project 91-D-171, waste receiving and processing facility, 
module 1, Richland, Washington, $17,700,000. 
Project 91-D-i75, 300 area electrical distribution, conver-
sion, and safety improvements. Phase I, Richland, Washington, 
$1,500,000. 
Project 90-D-172, aging waste transfer line, Richland, 
Washington, $5,000,000. 
Project 90-D-175, landlord program safety compliance-
I, Richland, Washington, $1,800,000. 
Project 
90-D~177, 
RWMC transuranic 
(TRU) 
waste 
characterization and storage facility, Idaho National Engineer-
ing Laboratory, Idaho, $21,700,000. 
Project 89-D-172, Hanford environmental compliance, 
Richland, Washington, $11,700,000. 
Project 89-D-173, tank farm ventilation upgrade, Richland, 
Washington, $1,000,000. 
Project 89-D-174, replacement high-level waste evapo-
rator, Savannah River, South Carolina, $12,974,000. 
Project 88-D-173, Hanford waste vitrification plant, Rich-
land, Washington, $40,000,000. 
Project 87-D-181, diversion box and pump pit containment 
buildings. Savannah River, South Carolina, $2,137,000. 
Project 86-D-103, decontamination and waste treatment 
facility, Lawrence Livermore National Laboratory, California, 
$10,260,000. 
107 STAT. 1940 
PUBLIC LAW 103-160—NOV. 30, 1993 
Project 
83-D-148, 
nonradioactive 
hazardous 
waste 
management, Savannah River, South Carolina, $2,169,000. 
Project 81-T-105, defense waste processing facility. Savan-
nah River, South Carolina, $43,873,000. 
(c) CAPITAL EQUIPMENT.—^Fimds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1994 
for capital equipment not related to construction in carrying out 
environmental restoration and waste management activities nec-
essary for national security programs in the amount of 
$203,826,000, to be allocated as follows: 
(1) For corrective activities, $600,000. 
(2) For waste management, $138,781,000. 
(3) For technology development, $29,850,000. 
(4) For transportation management, $400,000. 
(5) For program direction, $9,469,000. 
(6) For facility transition and management, $24,726,000. 
(d) 
GENERAL 
REDUCTION IN OPERATING 
EXPENSES.—The 
amount authorized to be appropriated for operating expenses pursu-
ant to subsection (a) is the amount authorized to be appropriated 
in that subsection reduced by $280,000,000. 
(e) PRIOR YEAR BALANCES.—The total amount authorized to 
be appropriated pursuant to this section is the sum of the amounts 
authorized to be appropriated in subsections (a), (b), and (c) reduced 
by $86,600,000. In determining the amount authorized to be appro-
priated pursuant to subsection (a) for the purposes of this sub-
section, subsection (d) shall be taken into account. 
SEC. 
3103. 
NUCLEAR MATERIALS SUPPORT AND OTHER DEFENSE 
PROGRAMS. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1994 
for operating expenses incurred in carrying out nuclear materials 
support and other defense programs necessary for national security 
programs in the amount of $2,182,315,000, to be allocated as follows: 
(1) For nuclear materials support, $873,123,000. 
(2) For verification and control technology, $341,941,000. 
(3) For nuclear safeguards and security, $82,700,000. 
(4) For security investigations, $49,000,000. 
(5) For security evaluations, $14,961,000. 
(6) For nuclear safety, $24,859,000. 
V 
(7) For worker training and adjustment, $100,000,000. 
(8) For naval reactors, including enrichment materials, 
$695,731,000. 
(b) PLANT PROJECTS.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1994 for plant 
projects (including maintenance, restoration, planning, construction, 
acquisition, modification of facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
thereto) in carrying out nuclear materials support and other defense 
programs necessary for national security programs as follows: 
(1) For materials support: 
Project GPD-146, general plant projects, various loca-
tions, $23,000,000. 
Project 93-D-147, domestic water system upgrade, 
n 
Phases I and II, Savannah River, South Carolina, 
$7,720,000. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1941 
Project 93-D-148, replace high-level drain lines, 
Savannah River, South Carolina, $1,800,000. 
Project 93-D-152, environmental modification 
for 
production facilities. Savannah River, South Carolina, 
$20,000,000. 
Project 92-D-140, F&H canyon exhaust upgrades, 
Savannah River, South Carolina, $15,000,000. 
Project 92-D-142, nuclear material processing training 
center, Savannah River, South Carolina, $8,900,000. 
Project 
92-D-143, 
health 
protection 
instrument 
calibration facility, Savannah 
River, South 
Carolina, 
$9,600,000. 
Project 92-D-150, operations support facilities. Savan-
nah River, South Carolina, $26,900,000. 
Project 92-D-153, engineering support facility. Savan-
nah River, South Carolina, $9,500,000. 
Project 90~D-149, plantwide fire protection. Phases 
I and II, Savannah River, South CaroHna, $25,950,000. 
Project 86-D-149, productivity retention 
program, 
Phases I, II, III, IV, V, and VI, various locations, 
$3,700,000. 
(2) For verification and control technology: 
Project 90~D-186, center for national security and 
arms control, Sandia National Laboratories, Albuquerque, 
New Mexico, $8,515,000. 
(3) For naval reactors development: 
Project GPN-101, general plant projects, various loca-
tions, $7,500,000. 
Project 
93-D-200, 
engineering 
services 
facilities. 
Knolls Atomic Power Laboratory, Niskayuna, New York, 
$7,000,000. 
Project 92-D-200, laboratories facilities upgrades, var-
ious locations, $2,800,000. 
(c) CAPITAL EQUIPMENT.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1994 
for capital equipment not related to construction in carrying out 
nuclear materials support and other defense programs necessary 
for national security programs as follows: 
(1) For materials support, $65,000,000. 
(2) For verification and control technology, $15,573,000. 
(3) For nuclear safeguards and security, $4,101,000. 
(4) For nuclear safety, $50,000. 
(5) For naval reactors, $46,900,000. 
(d) ADJUSTMENTS.—The total amount that may be appropriated 
pursuant to this section is the sum of the amounts authorized 
to be appropriated in subsections (a) through (c) reduced by— 
(1) $100,000,000, for recovery of overpajonent to the Savan-
n£ih River Pension Fund; 
(2) $409,132,000, for use of prior year balances for materials 
support and other defense programs; and 
(3) $18,937,000, for salary reductions. 
(e) ECONOMIC ADJUSTMENT ASSISTANCE.—Of the amount pro-
vided imder subsection (aX7) for worker training and adjustment, 
$6,000,000 shall be available for providing economic assistance and 
development funding for local counties or localities surrounding 
the property of the Department of Energy defense nuclear facility 
at the Savannah River Site, South Carolina. To the extent prac-
107 STAT. 1942 
PUBLIC LAW 103-160—NOV. 30, 1993 
ticable, the amount of assistance to be provided should be distrib-
uted as follows: 
(1) $1,000,000 to plan community a4justments and eco-
nomic diversification. 
(2) $5,000,000 to carry out a community adjustments and 
economic diversification program. 
(f) USE OF TECHNOLOGY TRANSFER FUNDS AT THE SAVANNAH 
RIVER SITE.—Of amounts authorized to be appropriated in sub-
section (aXD for nuclear materials support, there are hereby author-
ized to be appropriated $4,000,000 for technology transfer activities 
at the Department of Energy defense production facility at the 
Savannah River Site, South Carolina. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1994 for payment to the Nuclear 
Waste Fund established in section 302(c) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amoimt of 
$120,000,000. 
Subtitle B—^Recurring General Provisions 
SEC. 3121. REPROGRAMMING. 
(a) NOTICE TO CONGRESS.—(1) Except as otherwise provided 
in this title— 
(A) no amoimt appropriated pursuant to this title may 
be used for any program in excess of the lesser o
f
— 
(i) 105 percent of the amount authorized for that pro-
gram by this title; or 
(ii) $10,000,000 more than the amount authorized for 
that program by this title; and 
(B) no amount appropriated pursuant to this title may 
be used for any program which has not been presented to, 
or requested of, the Congress. 
(2) An action described in paragraph (1) may not be taken 
until— 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report containing a full and com-
plete statement of the action proposed to be taken and the 
facts and circumstances relied upon in support of such proposed 
action; and 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 calendar days to a day certain. 
(b) LIMITATION ON AMOUNT OBLIGATED.—In no event may the 
total amount of funds obligated pursuant to this title exceed the 
total amount authorized to bie appropriated by this title. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—^The Secretary of Energy may carry out any 
construction project imder the general plant projects provisions 
authorized by this title if the total estimated cost of the construction 
project does not exceed $2,000,000. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1943 
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost 
variations and the revised cost of the project exceeds $2,000,000, 
the Secretarv shall immediately furnish a complete report to the 
congressional defense committees explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—-(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, which is authorized by sections 3101, 3102, 
and 3103, or which is in support of national security programs 
of the Department of Energy and was authorized by any previous 
Act, exceeds by more than 25 percent the higher of— 
(A) the amount authorized for the project; or 
(B) the amoiuit of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to the Congress. 
(2) An action described in paragraph (1) may be taken if— 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the action and the cir-
cumstances making such action necessary; and 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 calendar days to a day certain. 
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion project which has a current estimated cost of less than 
$5,000,000. 
SEC. 3124. FUND TRANSf^R AUTHORITY. 
Funds appropriated pursuant to this title may be transferred 
to other agencies of the Federal Government for the performance 
of the work for which the funds were appropriated, and funds 
so transferred may be merged with the appropriations of the agency 
to which the funds are transferred. 
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN. 
(a) IN GENERAL.—(1) Within the amounts authorized by this 
title for plant engineering and design, the Secretary of Energy 
may carry out advance planning and construction design (including 
architectural and engineering services) in connection Math any pro-
posed construction project if the total estimated cost for such plan-
ning and design does not exceed $2,000,000. 
(2) In the case of any project in which the total estimated 
cost for advance planning and design exceeds $300,000, the Sec-
retary shall notify the congressional defense committees in writing 
of the details of such project at least 30 days before any funds 
are obligated for design services for such project. 
(b) SPECIFIC AUTHORITY REQUIRED.—In any case in which the 
total estimated cost for advance planning and construction design 
in connection with any construction project exceeds $2,000,000, 
107 STAT. 1944 
PUBLIC LAW 103-160—NOV. 30, 1993 
funds for such planning and design must be specifically authorized 
by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—^The Secretary of Energy may use any funds 
available to the Department of Energy, including those funds 
authorized to be appropriated for advance planning and construction 
design under sections 3101, 3102, and 3103, to perform planning, 
design, and construction activities for any Department of Energy 
defense activity construction project that, as determined by the 
Secretary, must proceed expeditiously in order to protect public 
health and safety, meet the needs of national defense, or protect 
property. 
(b) LIMITATION.—^The Secretary may not exercise the authority 
imder subsection (a) in the case of any construction project until 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances malung such activities 
necessanr. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
(d) REPORT.—^The Secretary of Energy shall promptly report 
to the congressional defense committees any exercise of authority 
imder this section. 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY. 
Subject to the provisions of appropriation Acts and section 
3121, amounts appropriated pursuant to this title for management 
and support activities and for general plant projects are available 
for use, when necessary, in connection with all national security 
programs of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS. 
When so specified in an appropriation Act, amounts appro-
priated for operating expenses, plant projects, and capital equip-
ment may remain available until expended. 
Subtitle C—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3131. DEFENSE INERTIAL CONFINEMENT FUSION PROGRAM. 
Of the funds authorized to be appropriated to the Department 
of Energy for fiscal year 1994 for operating expenses and plant 
and capital equipment, $188,413,000 shall be available for the 
defense inertia! confinement fusion program. 
SEC. 3132. PAYMENT OF PENALTY ASSESSED AGAINST 
HANFORD 
PROJECT. 
, 
The Secretary of Energy may pay to the Hazardous Substances 
Response Trust, from funds appropriated to the Department of 
Energy for environmental restoration and waste management activi-
ties pursuant to section 3102, a stipulated civil penalty in the 
amount of $100,000 assessed under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1945 
U.S.C. 9601 et seq.) and the Hanford Consent Agreement and 
Compliance Order for Department of Energy Hanford. 
SEC. 
3
1
3
3
. 
WATER 
MANAGEMENT 
PROGRAMS. 
From funds authorized to be appropriated pursuant to section 
3102(a) to the Department of Energy for environmental restoration 
and waste management activities, the Secretcuy of Energy may 
reimburse the cities of Westminster, Broomfield, Thornton, and 
Northglenn, in the State of Colorado, $11,300,000 for the cost of 
implementing water management programs. Reimbursements for 
the water management programs snail not be considered a major 
Federal action for purposes of section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). 
SEC. 3134. TECHNOLOGY TRANSFER. 
(a) IN GENERAL.—(1) The Secretary of Energy may use for 
technology transfer activities described in paragraph (2), and for 
cooperative research and development agreements and partnerships 
to carry out such activities, funds appropriated or otherwise made 
available to the Department of Energy for fiscal year 1994 under 
sections 3101 and 3103. 
(2) The activities that may be fimded under this paragraph 
are those activities determined by the Secretary of Energy to fa-
cilitate the maintenance and enhancement of critical skills required 
for research on, and development of, any dual-use critical 
technology. 
(b) APPLICABILITY OF CERTAIN LAWs.^The Secretary of Enerejr 
shall conduct the activities funded under subsection (a) in accord-
ance with applicable laws and regulations relating to grants, con-
tracts, and cooperative agreements of the Department of Energy, 
including the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.), the National Competitiveness Technology 
Transfer Act of 1989 (15 U.S.C. 3701 note), and section 3136 of 
the National Defense Authorization Act for Fiscal Years 1992 and 
1993 (42 U.S.C. 2123). 
(c) DEFINITION.—For purposes of this section, the term "dual-
use critical technology" has the meaning given such term by section 
3136(b) of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (42 U.S.C. 2123(b)). 
SEC. 3135. TECHNOLOGY IHANSFER AND ECONOMIC DEVELOPMENT 
ACTIVITIES FOR COMMUNITIES SURROUNDING SAVAN-
NAH RIVER SITE. 
(a) PLAN.—(1) The Secretary of Ener^ shall submit to the 
Congress a plan for the expenditure of funds m an equitable manner 
to foster technology transfer to, and economic development activities 
in, the communities surrounding the Savannah River Site, South 
Carolina. 
(2) The plan required under paragraph (1)— 
(A) shall be based on a report on the matters referred 
to in that paragraph that is prepared by the appropriate official 
of the Department of Ener^ at the Savannah River Site and 
submitted to the Secretary; and 
(B) shall be submitted to the Congress by the Secretary 
within 30 days after the date on which the report referred 
to in subparagraph (A) is submitted to the Secretary. 
(b) LIMITATION.—^The Secretary of Energy may not, for the 
purpose of fostering technology transfer to, and economic develop-
107 STAT. 1946 
PUBLIC LAW 103-160—NOV. 30, 1993 
ment activities in, the communities referred to in subsection (aXD, 
obligate more than $5,000,000 of the $30,000,000 appropriated to 
the Department of Energy for such purpose pursuant to the 
authorization of appropriations in section 3102 imtil 30 days after 
the date on which the Secretary submits to the Congress the plan 
required under that subsection. 
42 use 2121 
SEC. 3136. PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-
note. 
YIELD NUCLEAR WEAPONS. 
(a) UNITED STATES POLICY.—It shall be the policy of the United 
States not to conduct research and development which could lead 
to the production by the United States of a new low-yield nuclear 
weapon, including a precision low-3deld warhead. 
(b) LIMITATION.—^The Secretary of Energy may not conduct, 
or provide for the conduct of, research and development which 
could lead to the production by the United States of a low-yield 
nuclear weapon which, as of the date of the enactment of this 
Act, has not entered production. 
(c) EFFECT ON OTHER RESEARCH AND DEVELOPMENT.—Nothing 
in this section shall prohibit the Secretary of Energy from conduct-
ing, or providing for the conduct of, research and development 
necessary— 
(1) to design a testing device that has a yield of less 
than five kilotons; 
(2) to modify an existing weapon for the purpose of address-
ing safety and reliability concerns; or 
(3) to address proliferation concerns. 
(d) DEFINITION.—In this section, the term "low-yield nuclear 
weapon" means a nuclear weapon that has a yield of less than 
five Kilotons. 
42 u s e 2121 
SEC. 3137. TESTING OF NUCLEAR WEAPONS. 
(a) IN GENERAL.—Of the fimds authorized to be appropriated 
under section 3101(a)(2) for the Department of Energy for fiscal 
year 1994 for weapons testing, $211,326,000 shall be available 
for infrastructure maintenance at the Nevada Test Site, and for 
maintaining the technical capability to resume underground nuclear 
testing at the Nevada Test Site. 
(b) ATMOSPHERIC TESTING OF NUCLEAR WEAPONS.—None of 
the funds appropriated pursuant to this Act or any other Act 
for any fiscal year may be available to maintain the capability 
of the United States to conduct atmospheric testing of a nuclear 
weapon. 
42 use 2121 
SEC. 3138. STOCKPILE STEWARDSHIP PROGRAM. 
^°^' 
(a) ESTABLiSHMENT.^The Secretary of Energy shall establish 
a stewardship program to ensure the preservation of the core 
intellectual and technical competencies of the United States in 
nuclear weapons, including weapons design, system integration, 
manufacturing, security, use control, reliability assessment, and 
certification. 
(b) PROGRAM ELEMENTS.—The program shall include the 
following: 
(1) An increased level of effort for advanced computational 
capabilities to enhance the simulation and modeling capabilities 
of the United States with respect to the detonation of nuclear 
. 
weapons. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1947 
(2) An increased level of effort for above-ground experi-
mental programs, such as hydrotesting, high-energy lasers, 
inertial confinement fusion, plasma physics, and materials 
research. 
(3) Support for new facilities construction projects that 
contribute to the experimental capabilities of the United States, 
such as an advanced hydrodjmamics facility, the National Igni-
tion Facility, and other facilities for above-ground experiments 
to assess nuclear weapons effects. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Of funds authorized 
to be appropriated to the Secretary of Energy for fiscal year 1994 
for weapons activities, $157,400,000 shall be available for the 
stewardship program established under subsection (a). 
(d) REPORT.—^Each year, at the same time the President submits President. 
the budget under section 1105 of title 31, United States Code, 
the President shall submit to the Congress a report covering the 
most recently completed calendar year which sets forth— 
(1) any concerns with respect to the safety, security, 
effectiveness, or reliability of existing United States nuclear 
weapons raised by the Stockpile Surveillance Program of the 
Department of Energy, and the calculations and experiments 
performed by Sandia National Laboratories, Lawrence Liver-
more National Laboratory, or Los Alamos National Laboratory; 
and 
(2) if such concerns have been raised, the President's 
evaluation of each concern and a report on what actions are 
being or will be taken to address that concern. 
SEC. 3139. NATIONAL SECURITY PROGRAMS. 
Notwithstanding anj'^ other provision of law, not more than 
95 percent of the funds appropriated to the Department of Energy 
for national security programs under this title may be obligated 
for such programs until the Secretary of Energy submits to the 
congressional defense committees the five-year budget plan with 
respect to fiscal year 1994 required under section 3144 of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1681; 42 U.S.C. 7271b). 
SEC. 3140. EXPENDED CORE FACILITY DRY CELL. 
None of the funds appropriated or otherwise made available 
to the Department of Energy for fiscal year 1994 may be obligated 
for project 90-N-102, expended core facility dry cell project. Naval 
Reactors Facility, Idaho, until shipment of spent naval nuclear 
fuel from United States naval surface ships and submarines to 
the Idaho Engineering Laboratory, Idaho, is resumed. 
SEC. 3141. SCHOLARSmP AND FELLOWSHIP PROGRAM FOR ENVIRON-
MENTAL RESTORATION AND WASTE MANAGEMENT. 
Of the funds authorized to be appropriated to the Department 
of Energy for fiscal year 1994 for environmental restoration and 
waste management, $1,000,000 shall be available for the Scholar-
ship and Fellowship Program for Environmental Restoration and 
Waste Management carried out under section 3132 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (42 
U.S.C. 7274e). 
107 STAT. 1948 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 3142. HAZARDOUS MATERIALS MANAGEMENT AND HAZARDOUS 
MATERIALS 
EMERGENCY 
RESPONSE 
TRAINING 
PRO-
GRAM. 
Of the funds authorized to be appropriated to the Department 
of Ener^ for fiscal year 1994 under section 3102, not more than 
$10,000^00 shall be available to carry out a hazardous materials 
management and hazardous materials emergency response training 
program. 
SEC. 3143. WORKER HEALTH AND PROTECTION. 
(a) HANFORD HEALTH INFORMATION NETWORK.—Of the funds 
authorized to be appropriated to the Department of Energy for 
fiscal year 1994 under section 3101(a), $1,750,000 shall be available 
for activities relating to the Hanford health information network 
established pursuant to the authority set forth in section 3138 
of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 104 Stat. 1834). 
(b) PROTECTION OF NUCLEAR WEAPONS FACILITIES WORKERS.— 
Of the funds authorized to be appropriated to the Department 
of Energy for fiscal year 1994 for environmental restoration and 
waste management, $11,000,000 shall be available to carry out 
activities authorized under section 3131 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 42 U.S.C. 7274d), relating to worker protection at nuclear 
weapons facilities. 
SEC. 3144. VERIFICATION AND CONTROL TECHNOLOGY. 
Of the funds authorized to be appropriated to the Department 
of Energy for fiscal year 1994 for operating expenses for activities 
relating to verification and control technology, not more than 
$334,441,000 may be obligated until the Secretary of Defense sub-
mits the report required by section 1606. 
SEC. 3145. TRITIUM PRODUCTION REQUIREMENTS. 
(a) EVALUATION.—(1) The Secretary of Energy shall evaluate— 
(A) a range of contingency options for meeting potential 
^ 
tritiimi requirements of the United States before 2008; and 
(B) long-term options for the production of tritium to meet 
the tritium requirements of the United States after 2008. 
(2) Among the long-term options evaluated under paragraph 
(IXB), the Secretary of Energy shall consider— 
(A) those technologies and reactors that are evaluated by 
the Secretary for plutonium disposition and are appropriate 
for the proauction of tritium, lor the feasibility and cost-
effectiveness of using such technologies and reactors for the 
production of tritium; and 
(B) any proposals for the private financing of tritium 
production facilities or for the commercial production of tritium 
that the Secretary considers promising. 
(b) REPORT.—^Not later than six months after the date of the 
enactment of this Act, the Secretary of Energy shall submit to 
the Congress a report on the contingency options evaluated under 
subsection (aXlXA) which sets forth the Secretary's plan for meet-
ing, through 2008, the requirements of the United States for tritium 
for national security purposes. The report shall include an assess-
ment of the effect of the closing of the K reactor at the Savannah 
River Site, South Carolina, on the ability of the Department of 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1949 
Energy to meet such requirements. The report shall be submitted 
in unclassified form, with a classified appendix if necessary. 
(c) ENVIRONMENTAL IMPACT STATEMENT.—The Secretary of 
Energy shall include an assessment of the capacity of the Depart-
ment of Energy to produce tritium afier 2008 in the Secretary's 
programmatic environmental impact statement under 102(2XC) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2XC)) on the reconfiguration of the Department of Energy 
nuclear weapons complex. The Secretary shall issue the pro-
grammatic environmental impact statement not later than March 
1,1995. 
Subtitle D—Other Matters 
SEC. 3151. LIMITATIONS ON THE RECEIPT AND STORAGE OF SPENT 42 USC 2160 
NUCLEAR FUEL FROM FOREIGN RESEARCH REACTORS, note. 
(a) PURPOSE.—It is the purpose of this section to regulate 
the receipt and storage of spent nuclear fiiel at the Department 
of Energy defense nuclear facility located at the Savannah River 
Site, South Carolina (in this section referred to as the "Savannah 
River Site"). 
(b) RECEIPT IN EMERGENCY CIRCUMSTANCES.—When the Sec-
retary of Energy determines that emergency circumstances make 
it necessaiy to receive spent nuclear fiiel, the Secretary shall submit 
a notification of that determination to the Congress. The Secretary 
maj^ not receive spent nuclear fuel at the Savannah River Site 
until the expiration of the 30-day period beginning on the date 
on which the Congress receives the notification. 
(c) 
LIMITATION 
ON 
STORAGE 
IN 
NON-EMERGENCY 
CIR-
CUMSTANCES.—^The Secretary of Energy may not, under other than 
emergency circumstences, receive andstore at the Savannah River 
Site any spent nuclear fuel in excess of the amount that (as of 
the date of the enactment of this Act) the Savannah River Site 
is capable of receiving and storing, until, with respect to the receipt 
and storage of any such spent nuclear fuel— 
(1) the completion of an environmental impact stetement 
under section 102(2XC) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2X0); 
(2) the expiration of the 90-day period (as prescribed by 
regulation pursuant to such Act) beginning on the date of 
such completion; and 
(3) tne signing by the Secretary of a record of decision 
following such completion. 
(d) LIMITATIONS ON RECEIPT.—The Secretory of Energy may 
not, under emergency or non-emergency circumstences, receive 
spentnuclear fuel if the spent nuclear fuel— 
(1) cannot be transferred in an expeditious manner from 
ito port of entry in the United Stotes to a storage facility 
that is located at a Department of Energy facility and is capable 
of receiving and storing the spent nuclear fiiel; or 
(2) will remain on a vessel in the port of entry for a 
period that exceeds the period necessary to unload the fiiel 
from the vessel pursuant to routine imloacUng procedures. 
(e) CRITERIA FOR PORT OF ENTRY.—The Secretory of Energy 
shall, if economically feasible and to the maximum extent prac-
ticable, provide for the receipt of spent nuclear fuel iinder this 
107 STAT. 1950 
PUBLIC LAW 103-160—NOV. 30, 1993 
section at a port of entry in the United States which, as determined 
by the Secretary and compared to each other port of entry in 
the United States that is capable of receiving the spent nuclear 
fiiel— 
(1) has the lowest human population in the area surround-
ing the port of entry; 
(2) is closest in proximity to the facility which will store 
the spent nuclear fuel; and 
(3) has the most appropriate facilities for, and experience 
in, receiving spent nuclear fuel. 
(f) DEFINITION.—In this section, the term "spent nuclear fuel" 
means nuclear fuel that— 
(1) was originally exported to a foreign country from the 
United States in the form of highly enriched uranium; and 
(2) was used in a research reactor by the Government 
of a foreign country or by a foreign-owned or foreign-controlled 
entity. 
SEC. 3152. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT 
IN NEW MEXICO. 
Section 1433(a) of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2073) is amended 
in the second sentence by striking out "four additional one-year 
periods" and inserting in lieu thereof "nine additional one-year 
periods". 
42 use 7274k. 
SEC. 3153. BASEUNE ENVIRONMENTAL MANAGEMENT REPORTS. 
(a) ANNUAL ENVIRONMENTAL RESTORATION REPORTS.—(1) The 
Secretary of Energy shall (in the years and at the times specified 
in paragraph (2)) submit to the Congress a report on the activities 
and projects necessary to carry out the environmental restoration 
of all Department of Energy defense nuclear facilities. 
(2) Reports under paragraph (1) shall be submitted as follows: 
(A) The initial report shall be submitted not later than 
March 1,1995. 
(B) A report after the initial report shall be submitted 
in each year after 1995 during which the Secretary of Energy 
conducts, or plans to conduct, environmental restoration activi-
ties and projects, not later than 30 days after the date on 
which the President submits to the Congress the budget for 
the fiscal year beginning in that year. 
(b) ANNUAL WASTE MANAGEMENT REPORTS.—(1) The Secretary 
of Energy shall (in the years and at the times specified in paragraph 
(2)) submit to the Congress a report on all activities and projects 
for waste management, transition of operational facilities to safe 
shutdown status, and technology research and development related 
to such activities and projects that are necessary for Department 
of Energy defense nuclear facilities. 
(2) Reports required under paragraph (1) shall be submitted 
as follows: 
(A) The initial report shall be submitted not later than 
Jime 1,1995. 
(B) A report after the initial report shall be submitted 
in each year after 1995, not later than 30 days £ifler the 
date on which the President submits to the Congress the budget 
for the fiscal year beginning in that year. 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1951 
(c) CONTENTS OF REPORTS.—^A report required under subsection 
(a) or (b) shall be based on compliance with all applicable provisions 
of law, permits, regulations, orders, and agreements, and shall— 
(1) provide the estimated total cost of, and the complete 
schedule for, the activities and projects covered by the report; 
and 
(2) with respect to each such activity and project, contain— 
(A) a description of the activity or project; 
(B) a description of the problem addressed by the activ-
ity or project; 
(C) the proposed remediation of the problem, if the 
remediation is known or decided; 
(D) the estimated cost to complete the activity or 
project, including, where appropriate, the cost for every 
five-year increment; and 
(E) the estimated date for completion of the activity 
or project, including, where appropriate, progress mile-
stones for every five-year increment. 
(d) ANNUAL STATUS AND VARIANCE REPORTS.—(IXA) The Sec-
retary of Energy shall (in the years and at the time specified 
in subparagraph (B)) submit to the Congress a status and variance 
report on environmental restoration and waste management activi-
ties and projects at Department of Energy defense nuclear facilities. 
(B) A report under subparagraph (A) shall be submitted in 
1995 and in each year thereafter during which the Secretary of 
Energy conducts environmental restoration and waste management 
activities, not later than 30 days after the date on which the 
President submits to the Congress the budget for the fiscal year 
beginning in that year. 
(2) Each status and variance report under paragraph (1) shall 
contain the following: 
(A) Information on each such activity and project for which 
fimds were appropriated for the fiscal year immediately before 
the fiscal year during which the report is submitted, including 
the following: 
(i) Information on whether or not the activity or proiect 
has been completed, and information on the estimated date 
of completion for activities or projects that have not been 
completed. 
(ii) The total amount of fimds expended for the activity 
or project during such prior fiscal year, including the 
amoimt of funds expended from amounts made available 
as the result of supplemental appropriations or a transfer 
of funds, and an estimate of the total amount of fimds 
required to complete the activity or project. 
(iii) Information on whether tne President requested 
an amount of funds for the activity or project in the budget 
for the fiscal year during which the report is submitted, 
and whether such funds were appropriated or transferred. 
(iv) An explanation of the reasons for any projected 
cost variance between actual and estimated expenditures 
of more than 15 percent or $10,000,000, or any schedule 
delay of more than six months, for the activity or project. 
(B) For the fiscal year during which the report is submitted, 
a disaggregation of the funds appropriated for Department 
of Energy defense environmental restoration and waste 
management into the activities and projects (including discrete 
107 STAT. 1952 
PUBLIC LAW 103-160—NOV. 30, 1993 
p£irts of mxiltiyear activities and projects) that the Secretary 
of Energy expects to accomplish during that fiscal y^ear. 
(C) For the fiscal year for which the budget is submitted, 
a disaggregation of the Department of Energy defense environ-
mental restoration and waste management budget request into 
the activities and projects (including discrete parts of multiyear 
activities and projects) that the Secretary of Energy expects 
to accomplish during that fiscal year. 
(e) COMPLIANCE TRACKING.—In preparing a report under this 
section, the Secretary of Energy shall provide, with respect to 
each activity and project identified in the report, information which 
is sufficient to track the Department of Energy's compliance with 
relevant Federal and State regulatory milestones. 
SEC. 3154. LEASE OF PROPERTY AT DEPARTMENT OF ENERGY 
WEAPON PRODUCTION FACILITIES. 
Section 646 of the Department of Energy Organization Act 
(42 U.S.C. 7256) is amended by adding at the end the following 
new subsections: 
"(c) The Secretary may lease, upon terms and conditions the 
Secretary considers appropriate to promote national security or 
the public interest, acquired real property and related personal 
property t h a t ^ 
"(1) is located at a facility of the Department of Energy 
to be closed or reconfigured; 
"(2) at the time the lease is entered into, is not needed 
by the Department of Energy; and 
"(3) is under the control of the Department of Energy. 
"(d)(1) A lease entered into under subsection (c) may not be 
for a term of more than 10 years, except that the Secretary may 
enter into a lease that includes an option to renew for a term 
of more than 10 years if the Secretary determines that entering 
into such a lease will promote the national security or be in the 
public interest. 
"(2) A lease entered into under subsection (c) may provide 
for the payment (in cash or in kind) by the lessee of consideration 
in an amount that is less than the fair market rental value of 
the leasehold interest. Services relating to the protection and 
maintenance of the leased property may constitute all or part 
of such consideration. 
"(eXD Before entering into a lease under subsection (c), the 
Secretary shall consult with the Administrator of the Environmental 
Protection Agency (with respect to property located on a site on 
the National Priorities List) or the appropriate State official (with 
respect to property located on a site that is not listed on the 
National Priorities List) to determine whether the environmental 
conditions of the property are such that leasing the property, and 
the terms and conditions of the lease agreement, are consistent 
with safety and the protection of public health and the environment. 
"(2) Before entering into a lease under subsection (c), the Sec-
retary shall obtain the concurrence of the Administrator of the 
Environmental Protection Agency or the appropriate State official, 
as the case may be, in the determination required under paragraph 
(1). The Secretary may enter into a lease under subsection (c) 
without obtaining such concurrence if, within 60 days aft.er the 
Secretary requests the concurrence, the Administrator or appro-
priate State official, as the case may be, fails to submit to the 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1953 
Secretary a notice of such individual's concurrence with, or rejection 
of, the determination. 
"(f) To the extent provided in advance in appropriations Acts, 
the Secretary may retain and use money rentals received by the 
Secretary directly from a lease entered into under subsection (c) 
in any amount the Secretary considers necessary to cover the 
administrative expenses of the lease, the maintenance and repair 
of the leased property, or environmental restoration activities at 
the facility where the leased property is located. Amounts retained 
under this subsection shall be retained in a separate fund estab-
lished in the Treasury for such purpose. The Secretary shall Reports. 
annually submit to the Congress a report on amounts retained 
and amounts used under this subsection. . 
SEC. 3156. AUTHORITY TO TRANSFER CERTAIN DEPARTMENT 
OF 42 USC 7274/. 
ENERGY PROPERTY. 
(a) AUTHORITY TO TRANSFER.—(1) Notwithstanding any other 
provision of law, the Secretary of Energy may transfer, for consider-
ation, all right, title, and interest of the United States in and 
to the property referred to in subsection (b) to any person if the 
Secretary determines that such transfer will mitigate the adverse 
economic consequences that might otherwise arise from the closure 
of a Department of Energy facility. 
(2) The amount of consideration received by the United States 
for a transfer under paragraph (1) may be less than the fair market 
value of the property transferred if the Secretary determines that 
the receipt of such lesser amount by the United States is in accord-
ance with the purpose of such transfer under this section. 
(3) The Secretary may require any additional terms and condi-
tions with respect to a transfer of property under paragraph (1) 
that the Secretary determines appropriate to protect the interests 
of the United States. 
(b) COVERED PROPERTY.—Property referred to in subsection 
(a) is the following property of the Department of Energy that 
is located at a Department of Energy facility to be closed or 
reconfigured: 
(1) The personal property and equipment at the facility 
that the Secretary determines to be excess to the needs of 
the Department of Energy. 
(2) Any personal property and equipment at the facility 
(other than the property and equipment referred to in para-
graph (1)) the replacement cost of which does not exceed an 
amount equal to 110 percent of the costs of relocating the 
property or equipment to another facility of the Department 
of Energy. 
SEC. 3166. IMPROVED CONGRESSIONAL OVERSIGHT OF DEPARTMENT 
OF ENERGY SPECIAL ACCESS PROGRAMS. 
(a) IN GENERAL.—Chapter 9 of the Atomic Energy Act of 1954 
(42 U.S.C. 2121 et seq.) is amended by adding at the end the 
following new section: 
"SEC. 93. CONGRESSIONAL 
OVERSIGHT OF SPECIAL ACCESS PRO-
GRAMS. 
"(a) ANNUAL REPORT ON SPECIAL ACCESS PROGRAMS.— 
"(1) IN GENERAL..—^Not later than February 1 of each year, 
the Secretary of Energy shall submit to the congressional 
defense committees a report on special access programs of 
42 USC 2122a. 
107 STAT. 1954 
PUBLIC LAW 103-160—NOV. 30, 1993 
the Department of Energy carried out under the atomic energy 
defense activities of the Department. 
**(2) MATTERS TO BE INCLUDED.—Each such report shall 
set forth— 
"(A) the total amount requested for such programs 
in the President's budget for the next fiscal year submitted 
under section 1105 of title 31, United States Code; and 
"(B) for each such program in that budget, the 
following: 
"(i) A brief description of the program. 
' 
"(ii) A brief discussion of the major milestones 
established for the program. 
"(iii) The actual cost of the program for each fiscal 
' 
year during which the program has been conducted 
before the fiscal year during which that budget is 
submitted. 
"(iv) The estimated total cost of the program and 
the estimated cost of the program for (I) the current 
fiscal year, (II) the fiscal year for which the budget 
is submitted, and (III) each of the four succeeding 
fiscal years during which the program is expected to 
be conducted. 
"(b) ANNUAL REPORT ON NEW SPECIAL ACCESS PROGRAMS.— 
"(1) IN GENERAL.—Not later than February 1 of each year, 
the Secretary of Energy shall submit to the congressional 
defense committees a report that, with respect to each new 
special access program, provides— 
"(A) notice of the designation of the program as a 
special access program; and 
"(B) justification for such designation. 
"(2) MATTERS TO BE INCLUDED.—^A report under paragraph 
(1) with respect to a program shall include— 
"(A) the current estimate of the total program cost 
for the program; and 
"(B) an identification of existing programs or tech-
nologies that are similar to the technology, or that have 
a mission similar to the mission, of the program that is 
the subject of the notice. 
"(3) NEW SPECIAL ACCESS PROGRAM DEFINED.—In this sub-
section, the term 'new special access program' means a special 
access program that has not previously been covered in a notice 
and justification under this subsection. 
"(c) REPORTS ON CHANGES IN CLASSIFICATION OF SPECIAL 
ACCESS PROGRAMS.— 
"(1) NOTICE TO CONGRESSIONAL COMMITTEES.—Whenever 
a change in the classification of a special access program of 
the Department of Energy is planned to be made or whenever 
classified information concerning a special access program of 
the Department of Energy is to be declassified and made public, 
the Secretary of Energy shall submit to the congressional 
defense committees a report containing a description of the 
proposed change, the reasons for the proposed change, and 
notice of any public announcement planned to be made with 
respect to the proposed change. 
"(2) TIME FOR NOTICE.—Except as provided in paragraph 
(3), any report referred to in paragraph (1) shall be submitted 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1955 
not less than 14 days before the date on which the proposed 
change or pubUc announcement is to occur. 
"(3) TIME WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—If 
the Secretary determines that because of exceptional cir-
cumstances the requirement of paragraph (2) cannot be met 
with respect to a proposed change or public announcement 
concerning a special access program of the Department of 
Energy, the Secretarj' may submit the report required by para-
graph (1) regarding the proposed change or public announce-
ment at any time before the proposed change or public 
announcement is made and shall include in the report an 
explanation of the exceptional circumstances. 
"(d) NOTICE OF CHANGE IN SAP DESIGNATION CRITERIA.—When-
ever there is a modification or termination of the policy and criteria 
used for designating a program of the Department of Energy as 
a special access program, the Secretary of Energy shall promptly 
notify the congressional defense committees of such modification 
or termination. Any such notification shall contain the reasons 
for the modification or termination and, in the case of a modifica-
tion, the provisions of the policy as modified. 
"(e) WAIVER AUTHORITY.— 
"(1) IN GENERAL.—^The Secretary of Energy may waive any 
requirement under subsection (a), (b), or (c) that certain 
information be included in a report under that subsection if 
the Secretary determines that inclusion of that information 
in the report would adversely affect the national security. The 
Secretary may waive the report-and-wait requirement in sub-
section (f) if the Secretary determines that compliance with 
such requirement would adversely afFect the national security. 
Any waiver under this paragraph shall be made on a case-
by-case basis. 
"(2) LIMITED NOTICE REQUIRED.—If the Secretary exercises 
the authority provided under paragraph (1), the Secretary shall 
provide the information described in that subsection with 
respect to the special access program concerned, and the jus-
tification for the waiver, jointly to the chairman and rank-
ing minority member of each of the congressional defense 
committees. 
"(f) REPORT AND WAIT FOR INITIATING NEW PROGRAMS.—A spe-
cial access program may not be initiated until— 
"(1) the congressional defense committees are notified of 
the program; and 
"(2) a period of 30 days elapses after such notification 
is received. 
"(g) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this 
section, the term 'congressional defense committees' means the 
Committees on Armed Services and the Committees on Appropria-
tions of the Senate and House of Representatives.". 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Atomic Energy Act of 1954 is amended by inserting 
after the item relating to section 92 the following new item: 
"Sec. 93. Congressional oversight of special access programs.". 
107 STAT. 1956 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 3157. REAUTHORIZATION AND EXPANSION OF AUTHORITY TO 
LOAN PERSONNEL AND FACIUTIES. 
(a) AUTHORITY TO LOAN PERSONNEL.—Subsection (a)(1) of sec-
tion 1434 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 2074) is amended— 
(1) in subparagraph (A)— 
(A) by striking out "and" at the end of clause (i); 
(B) by striking out the period at the end of clause 
(ii) and inserting in lieu thereof a semicolon; and 
(C) by adding at the end the following: 
**(iii) at the Savannah River Site, South Carolina, to loan 
Eersonnel in accordance with this section to any community-
ased organization; and 
**(iv) at the Oak Ridge Reservation, Tennessee, to loan 
Eersonnel in accordance with this section to any community-
ased organization."; and 
(2) in subparagraph (B)— 
(A) by striking out "and the Idaho" and inserting in 
lieu thereof", the Idaho"; and 
(B) by adding before the period at the end the following: 
", the Savannah River Site, and the Oak Ridge Reserva-
tion". 
(b) AUTHORITY TO LOAN FACILITIES.—Subsection (b) of such 
Act is amended— 
(1) by striking out "or the Idaho" and inserting in lieu 
thereof "tne Idaho"; and 
(2) by inserting "the Savannah River Site, South Carolina, 
or the Oak Ridge Reservation, Tennessee," before "to any 
community-based organization". 
(c) DURATION OF PROGRAM.—Subsection (c) of such section is 
amended— 
(1) by striking out "Reservation, and" and inserting in 
lieu thereof "Reservation,"; and 
(2) by inserting after "Idaho National Engineering Labora-
torjr" the following: ", and September 30, 1995, with respect 
to the Savannah River Site, and to the Oak Ridge Reservation". 
SEC. 3158. MODIFICATION OF PAYMENT PROVISION. 
Section 1532(a) of the Department of Defense Authorization 
Act, 1986 (Public Law 99-145; 42 U.S.C. 2391 note) is amended 
by striking out "1996" and inserting in lieu thereof "1995". 
42 use 7256 
SEC. 3159. CONTRACT 
GOAL 
FOR 
SMALL 
DISADVANTAGED 
note. 
BUSINESSES AND CERTAIN INSTITUTIONS OF HIGHER 
EDUCATION. 
(a) GOAL.—Except as provided in subsection (c), a goal of 5 
percent of the amount described in subsection (b) shall be the 
objective of the Department of Energy in carrying out national 
security programs of the Department in each of fiscal years 1994 
through 2000 for the total combined amount obligated for contracts 
and subcontracts entered into with— 
(1) small business concerns, including mass media and 
advertising firms, owned and controlled by socially and 
economically disadvantaged individuals (as such term is used 
in section 8(d) of the Small Business Act (15 U.S.C. 637(d) 
and regulations issued under that section), the majority of 
the earnings of which directly accrue to such individuals; 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1957 
(2) historically Black colleges and universities, including 
any nonprofit research institution that was an integral part 
of such a college or university before November 14, 1986; and 
(3) minority institutions (as defined in section 1046(3) of 
the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)), which, 
for the purposes of this section, shall include Hispanic-serving 
institutions (as defined in section 316(b)(1) of such Act (20 
U.S.C. 1059c(bXl)). 
(b) A M O U N T . ^ 1) Except as provided in paragraph (2), the 
requirements of subsection (a) for any fiscal year apply to the 
combined total of the funds obligated for contracts entered into 
by the Department of Energy pursuant to competitive procedures 
for such fiscal year for purposes of carrying out national security 
programs of the Department. 
(2) In computing the combined total of funds under paragraph 
(1) for a fiscal year, funds obligated for such fiscal year for contracts 
for naval reactor programs shall not be included. 
(c) APPLICABILITY.—Subsection (a) does not apply— 
(1) to the extent to which the Secretary of Energy deter-
mines that compelling national security considerations require 
otherwise; and 
(2) if the Secretary notifies the Congress of such a deter-
mination and the reasons for the determination. 
SEC. 3160. AMENDMENTS 
TO 
STEVENSON-WYDLER 
TECHNOLOGY 
INNOVATION ACT OF 1980. 
Section 12(d) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a(d)) is amended— 
(1) in paragraph (2XB)^ 
(A) by inserting "(including a weapon production facil-
ity of the Department of Energy)" after "facilities"; and 
(B) by inserting ", or the production, maintenance, 
testing, or dismantlement of a nuclear weapon or its compo-
nents," aft«r "research and development"; 
(2) in paragraph (2XC)— 
(A) by inserting "(including a weapon production facil-
ity of the Department of Energy)" after "facility"; and 
(B) by inserting ", or the production, maintenance, 
testing, or dismantlement of a nuclear weapon or its compo-
nents, after "research and development"; 
(3) in paragraph (2), by striking out "propulsion program; 
and" in the matter following subparagraph (C) and inserting 
in lieu thereof "propulsion program;"; 
(4) in paragraph (3), by striking out the period and insert-
ing in lieu thereof"; and"; and 
(5) bv adding at the end the following new paragraph: 
"(4) the term 'weapon production facility of the Department 
of Energy* means a facility under the control or jurisdiction 
of the Secretary of Energy that is operated for national security 
purposes and is engaged in the production, maintenance, test-
ing, or dismantlement of a nuclear weapon or its components.". 
SEC. 3161. CONFUCT OF INTEREST PROVISIONS FOR DEPARTMENT 
OF ENERGY EMPLOYEES. 
(a) REPEAL.—Sections 603, 604, 605, 606, and 607 of the Depart-
ment of Energy Organization Act (42 U.S.C. 7213 through 7217) 
are repealed. 
107 STAT. 1958 
PUBLIC LAW 103-160—NOV. 30, 1993 
(b) WAIVER.—Subsection (c) of section 602 of such Act (42 
U.S.C. 7212) is amended— 
(1) by inserting «(1)" after "(c)"; 
(2) by redesignating paragraphs (1), (2), and (3), as subpara-
graphs (A), (B), and (C), respectively; and 
(3) by adding at the end the following new paragraph: 
"(2XA) The Secretary may, on a case-by-case basis, waive the 
requirements of this section for a supervisory employee covered 
if the Secretary finds that the waiver is in the best interests 
of the Department. A waiver under this paragraph is effective 
for that supervisory employee only if that supervisory employee 
establishes a qualified trust as provided in subparts D and E 
of 5 Code of Federal Regulations part 2634, as in effect on the 
date of the enactment of this provision. The provisions of section 
2634.403(bX3) of such part shall not apply to this paragraph. 
"(B) A waiver under this paragraph shall be published in the 
Federal Register and shall contain the basis for the finding required 
by this paragraph. The waiver shall be for such period as the 
Secreta^ shall prescribe and may be renewed by the Secretary.". 
(c) (JONFORMING AMENDMENTS.—(1) Part A of title VI of such 
Act (42 U.S.C. 7211 et seq.) is amended— 
42 use 7211. 
(A) in section 601(c)(1), by striking out "sections 602 
through 606" and inserting in lieu thereof "section 602"; 
(B) in section 601(d)— 
(i) by striking out "sections 602(a), 603(a), 605(a), and 
606" and inserting in lieu thereof "section 602(a)"; and 
(ii) by striking out the third sentence; 
42 use 7212. 
(C) in section 602(d), by striking out "pursuant to section 
603" and inserting in lieu thereof "to the extent known"; 
42 use 7218. 
(D) by redesignating section 608 as section 603; and 
(E) in section 603, as redesignated by subparagraph (D)— 
(i) by striking out subsections (a) and (c); 
(ii) by redesignating subsections (b) and (d) as sub-
sections (a) and (b), respectively; and 
(iii) in subsection (a), as redesignated by clause (ii), 
by striking out "section 602, 603, 604, 605, or 606" and 
inserting in lieu thereof "section 602". 
(2) The table of contents at the beginning of such Act is amend-
ed by striking out the items relating to sections 603, 604, 605, 
606, 607, and 608 and inserting in lieu thereof the following: 
"Sec. 603. Sanctions.". 
(d) REPORT.—^Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Energy shall submit to 
the Committee on Enerjgy and Commerce of the House of Represent-
atives and the Committee on Energy and Natural Resources of 
the Senate a report on the application of part A of title VI of 
the Department of Energy Organization Act (42 U.S.C 7211 et 
seq.) to the Department of Energy and its officers and employees. 
The report shall— 
(1) take into consideration the amendments to part A of 
title VI of such Act made by subsections (a), (b), and (c) of 
this section; 
(2) examine whether the provisions of part A of title VI 
of such Act are necessary, taking into consideration other provi-
sions of law regarding conflicts of interest and other statutes 
and requirements similar to part A that are applicable to 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1959 
other Federal agencies, including offices and bureaus of the 
Department of the Interior and the Federal Communications 
Commission; 
(3) examine the scope of coverage under the provisions 
of part A of title VI of such Act for supervisory employees 
of the Department of Energy, and the definition of the term 
'energy concern' under section 601(b) of such Act, taking into 
consideration changes in responsibilities and duties of the 
Department of Energy under the Energy Policy Act of 1992 
(Public Law 102^86; 106 Stat. 2776) and under other laws 
enacted after the establishment of the Department, and advise 
whether such provisions are adequate, overly broad, or too 
limiting, as applied to the Department; 
(4) examine whether the divestiture provisions of part A 
of title VI of such Act are needed, in addition to other applicable 
provisions of law and regulations relating to divestiture, to 
protect the public interest; 
(5) identify the provisions of law and regulations referred 
to in paragraph (4) and explain the manner and extent to 
which such provisions are adequate for all of the employees 
covered by part A of title VI of such Act; and 
(6) include any recommendations that the Secretary consid-
ers appropriate. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 1994, 
$16,560,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
SEC. 3202. REQUIREMENT FOR TRANSMITTAL TO CONGRESS OF CER. 
TAIN INFORMATION PREPARED BY DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD. 
(a) REQUIREMENT.—-Chapter 21 of the Atomic Energy Act of 
1954 (42 U.S.C. 2286 et seq.) is amended— 
(1) by redesi^ating section 320 as section 321; and 
42 use 2286i. 
(2) by inserting after section 319 the following new section 
320: 
•nSEC. 320. TRANSMITTAL OF CERTAIN INFORMATION TO CONGRESS. 42 USC 2286h-l. 
**Whenever the Board submits or transmits to the President 
or the Director of the Office of Management and Budget any legisla-
tive recommendation, or any statement or information in prepara-
tion of a report to be submitted to the Congress pursuant to section 
316(a), the Board shall submit at the same time a copy thereof 
to the Congress.". 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) 
is amended by striking out the item relating to section 320 and 
inserting in lieu thereof the following: 
"Sec. 320. Transmittal of certain information to Congress. 
"Sec. 321. Annual authorization of appropriations.". 
107 STAT. 1960 
PUBLIC LAW 103-160—NOV. 30, 1993 
TITLE XXXIII—NATIONAL DEFENSE 
STOCKPILE 
Subtitle A—Authorizations of Disposals 
and Use of Funds 
50 use 98d 
SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATEIUALS CON-
note. 
TAINED IN THE NATIONAL DEFENSE STOCKPILE. 
(a) DISPOSAL AUTHORIZED.—Subject to the conditions specified 
in subsection (b), the President may dispose of obsolete and excess 
materials currently contained in the National Defense Stockpile 
provided for in section 4 of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98c) in order to modernize the stockpile. 
The materials subject to disposal under this subsection and the 
3
uantity of each material authorized to be disposed of by the Presi-
ent are set forth in the following table: 
Authorized Stockpile Disposals 
Material for disposal 
Quantity 
Analgesics 
53,525 pounds of anhydrous 
morphine alkaloid 
Antimony 
32,140 short tons 
Diamond Dies, Small 
25,473 pieces 
Manganese, Electrolytic 
14,172 short tons 
Mica, Muscovite Block, Stained and Better 
1,866,166 pounds 
Mica, Muscovite Film, 1st & 2d quality 
158,440 pounds 
Mica, Muscovite Splittings 
12,540,382 pounds 
Quinidine 
2,471,287 avoirdupois ounces 
Quinidine, Non-Stockpile Grade 
1,691 avoirdupois ounces 
Quinine 
2,770,091 avoirdupois ounces 
Quinine, Non-Stockpile Grade 
475,950 avoirdupois ounces 
Rare Earths 
504 short dry tons 
Vanadium Pentoxide 
718 short tons of contained 
vanadium 
(b) CONDITIONS ON DISPOSAL.—The authority of the President 
imder subsection (a) to dispose of materials stored in the National 
Defense Stockpile may not be used unless and until the Secretary 
of Defense certifies to Congress that the disposal of such materials 
will not adversely affect the capability of the stockpile to supply 
the strategic and critical materials necessary to meet the needs 
of the United States during a period of national emergency that 
requires a significant level of mobilization of the economy of the 
United States, including any reconstitution of the military and 
industrial capabilities necessary to meet the planning assumptions 
used by the Secretary of Defense under section 14(b) of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98h-5(b)). 
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS. 
Subject to such limitations as may be provided in appropriations 
Acts, during fiscal year 1994, the National Defense Stockpile Man-
ager may obligate up to $67,300,000 of the funds in the National 
Defense Stockpile Transaction Fund established under subsection 
(a) of section 9 of the Strategic and Critical Materials Stock Piling 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1961 
Act (50 U.S.C. 98h) for the authorized uses of such funds under 
subsection (bX2) of such section. 
SEC. 3303. REVISION OF AUTHORITY TO DISPOSE OF CERTAIN MATE-
RIALS AUTHORIZED FOR DISPOSAL IN FISCAL YEAR 1993. 
(a) CHROMITE AND MANGANESE ORES.—During fiscal year 1994, 50 USC 98d 
the disposal of chromite and manganese ores of metallurgical grade ^°^-
under the authority of section 3302(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2649; 50 U.S.C. 98d note) may be made only for processing 
within the United States and the territories and possessions of 
the United States. 
(b) CHROMIUM AND MANGANESE FERRO.—Section 3302(f) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 106 Stat. 2651; 50 U.S.C. 98d note) is amended 
by striking out "October 1, 1993" and inserting in lieu thereof 
"October 1,1994". 
SEC. 3304. CONVERSION OF CHROMIUM ORE TO HIGH PURITY CHRO-
MIUM METAL. 
(a) UPGRADE PROGRAM AUTHORIZED.—Subject to subsection (b), 
the National Defense Stockpile Manager may carry out a program 
to upgrade to high purity chromium metal any stocks of chromium 
ore neld in the National Defense Stockpile provided for in section 
4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98c) if the National Defense Stockpile Manager determines that 
additional quantities of high purity chromium metal are needed 
in the stockpile. 
(b) INCLUSION IN ANNUAL MATERIALS PLAN.—Before entering Reports. 
into any contract in connection with the upgrade program author-
ized imder subsection (a), the National Defense Stockpile Manager 
shall include a description of the upgrade program in the report 
containing the annual materials plan for the operation of the 
National Defense Stockpile required to be submitted to Congress 
under section 11(b) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98h-2(b)) or in a revision of the report made 
in the manner provided by section 5(a)(2) of such Act (50 U.S.C. 
98d(aX2)). 
Subtitle B—Programmatic Changes 
SEC. 3311. STOCKPILING PRINCIPLES. 
Section 2(c) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98a(c)) is amended— 
(1) in paragraph (2), by striking out "The quantities" and 
inserting in lieu thereof "Before October 1, 1994, the quan-
tities"; and 
(2) by adding at the end the following new paragraph: 
"(3) On and after October 1, 1994, the quantities of mate-
rials stockpiled under this Act should be sufficient to meet 
the needs of the United States during a period of a national 
emergency that would necessitate an expansion of the Armed 
Forces together with a significant mobilization of the economy 
of the United States under planning guidance issued by the 
' Secretary of Defense.". 
69-194 O - 94 - 33 : QL. 3 Part 2 
107 STAT. 1962 
PUBLIC LAW 103-160—NOV. 30, 1993 
SEC. 3312. MODIFICATION OF NOTICE AND WATT REQUIREMENTS FOR 
DEVIATIONS FROM ANNUAL MATERIALS PLAN. 
Section 5(aX2) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98d(a)(2)) is amended by striking out "and 
a period of 30 days" and all that follows through "more than 
three days to a day certain." and inserting in lieu thereof "and 
a period of 45 days has passed from the date of the receipt of 
such statement by such committees.". 
SEC. 3313. ADDITIONAL 
AUTHORIZED 
USES 
OF THE 
NATIONAL 
DEFENSE STOCKPILE TRANSACTION FUND. 
(a) EMPLOYEE PAY AND OTHER EXPENSES.—Section 9(bX2) of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h(bX2)) is amended by adding at the end tiie following new 
subparagraphs: 
"(J) Pay of employees of the National Defense Stockpile 
program. 
"(K) Other expenses of the National Defense Stockpile 
program.". 
(b) CONFORMING AMENDMENT.—Section 9(b) of such Act (50 
U.S.C. 98h(b)) is amended by striking out paragraph (4). 
SEC. 3314. NATIONAL EMERGENCY PLANNING ASSUMPTIONS FOR 
BIENNIAL REPORT ON STOCKPILE REQUIREMENTS. 
Section 14(b) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98h-5(b)) is amended— 
(1) in the first sentence, by striking out ", based upon" 
and all that follows through "three years." and inserting in 
lieu thereof a period; and 
(2) by inserting after the first sentence the following new 
sentences: "Before October 1, 1994, such assumptions shall 
be based upon the total mobilization of the economy of the 
United States for a sustained conventional global war for a 
period of not less than three years. On and after October 
1, 1994, such assumptions shall be based on an assumed 
national emergency involving military conflict that necessitates 
an expansion of the Armed Forces together with a significant 
mobilization of the economy of the United States.". 
TITLE XXXIV—CIVIL DEFENSE 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
There is hereby authorized to be appropriated $146,391,000 
for fiscal year 1994 for the purpose of carrying out the Federal 
Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.). 
SEC. 3402. MODERNIZATION OF THE CIVIL DEFENSE SYSTEM. 
(a) DECLARATION OF POLICY.—Section 2 of the Federal Civil 
Defense Act of 1950 (50 U.S.C. App. 2251) is amended to read 
as follows: 
"SEC. 2. DECLARATION OF POUCY. 
"The purpose of this Act is to provide a system of civil defense 
for the protection of life and property in the United States from 
hazards and to vest responsibility for civil defense jointly in the 
Federal (^vemment and the several States and their political sub-
divisions. The Congress recognizes that the organizational structure 
PUBLIC LAW 103-160—NOV. 30, 1993 
107 STAT. 1963 
established jointly by the Federal Government and the several 
States and their political subdivisions for civil defense purposes 
can be effectively utilized to provide relief and assistance to people 
in areas of the United States struck by a hazard. The Federal 
Government shall provide necessary direction, coordination, and 
guidance and shall provide necessary assistance as authorized in 
this Act.". 
(b) DEFINITION OF HAZARD.—Section 3 of the Federal Civil 
Defense Act of 1950 (50 U.S.C. App. 2252) is amended— 
(1) by redesignating subsections (a) through (h) as sub-
sections (b) through (i), respectively; 
(2) by inserting before subsection (b), as so redesignated, 
the following new subsection (a): 
"(a) The term 'hazard' means an emergency or disaster resulting 
from— 
"(1) a natural disaster; or 
"(2) an accidental or man-caused event, including a civil 
distiu'bance and an attack-related disaster."; 
(3) in subsection (b), as so redesignated— 
(A) by striking out "attack" the first place it appears 
and inserting in lieu thereof "attack-related disaster"; and 
(B) by striking out "atomic" and inserting in lieu 
thereof "nuclear"; 
(4) in subsection (c), as so redesignated, by striking out 
"and, for the purposes of this Act" and all that follows through 
"natural disaster;" and inserting in lieu thereof a period; and 
(5) by striking out subsection (d), as so redesignated, and 
inserting in lieu thereof the following new subsection: 
"(d) The term 'civil defense' means all those activities and 
measures designed or imdertaken to minimize the effects of a 
hazard upon the civiUan population, to deal with the immediate 
emergency conditions which would be created by the hazard, and 
to effectuate emergency repairs to, or the emergency restoration 
of, vital utilities and facilities destroyed or damaged by the hazard. 
Such term shall include the following: 
"(1) Measures to be underUdcen in preparation for antici-
pated hazards (including the establishment of appropriate 
organizations, operational plans, and supporting agreements, 
the recruitment and training of personnel, the conduct of 
research, the procurement and stockpiling of necessary mate-
rials and supplies, the provision of suitable warning systems, 
the construction or preparation of shelters, shelter areas, and 
control centers, and, when appropriate, the non-military evacu-
ation of civil population). 
"(2) Measures to be undertaken during a hazard (including 
the enforcement of passive defense regulations prescribed by 
duly established military or civil authorities, the evacuation 
of personnel to shelter areas, the control of traffic and panic, 
and the control and use of lighting and civil communications). 
"(3) Measures to be undertaken following a hazard (includ-
ing activities for 
fire 
fighting, 
rescue, emergency medical, healtii 
and sanitation services, monitoring for specific dangers of spe-
cial weapons, unexploded bomb reconnaissance, essential debris 
clearance, emergency welfare measures, and immediately es-
sential emergency repair or restoration of damaged vital 
facilities).". 
107 STAT. 1964 
PUBLIC LAW 103-160—NOV. 30,1993 
(c) CONFORMING AMENDMENTS TO REFLECT DEFINITION OF HAZ-
ARD.—<1) Section 201 of the Federal Civil Defense Act of 1950 
(50 U.S.C. App. 2281) is amended— 
(A) in subsection (c), by striking out "an attack or natural 
disaster" and inserting in lieu thereof a hazcurd"; 
(B) in subsection (d), by striking out "attacks and natural 
disasters" and inserting in lieu thereof "hazards"; and 
(C) in subsection (g)— 
(i) by striking out "an attack or natural disaster" the 
first place it appears and inserting in lieu thereof "a haz-
ard"; and 
(ii) by striking out "undergoing an attack or natural 
disaster" and inserting in lieu thereof "experiencing a 
hazard". 
(2) Section 205(dXl) of such Act (50 U.S.C. App. 2286(dXl)) 
is amended by striking out "natural disasters" and inserting in 
lieu thereof "hazards". 
(d) STATE USE OF FUNDS FOR PREPARATION AND RESPONSE.— 
(1) Section 207 of the Federal Civil Defense Act of 1950 (50 U.S.C. 
App. 2289) is amended to read as follows: 
*«£€. 807. USE OF FUNDS TO PREPARE FOR AND RESPOND TO HAZ-
ARDS. 
"Funds made available to the States under this Act may be 
used by the States for the purposes of preparing for, and providing 
Regulations. 
emergency assistance in response to hazards. Regulations pre-
scribed to carry out this section shall authorize the use of civil 
defense personnel, materials, and facilities supported in whole or 
in part through contributions under this Act for civil defense activi-
ties and measures related to hazards.". 
(2) The item relating to section 207 in the table of contents 
in the first section of such Act is amended to read as follows: 
"Sec. 207. Use of funds to prepare for and respond to hazards.". 
(e) REPEAL OF OBSOLETE PROVISIONS.—(1) Title V of the Federal 
Civil Defense Act of 1950 (50 U.S.C. App. 2301-2303) is repealed. 
(2) The table of contents in the nrst section of such Act is 
amended by striking out the items related to title V. 
(f) TECHNICAL AND CONFORMING AMENDMENTS.—(1) The table 
of contents in the first section of the Federal Civil Defense Act 
of 1950 is amended— 
(A) b^ inserting afi^er the item relating to section 204 
the following new item: 
"Sec. 205. Contributions for personnel and administrative expenses."; and 
(B) b^ inserting after the item relating to section 412 
the following new item: 
"Sec. 413. Applicability of Reorganization Plan Numbered 1.". 
(2) Section 3 of such Act (50 U.S.C. App. 2252), as amended 
by subsection (b) of this section, is further amended— 
(A) in each of subsections (b), (e), (f), and (g), as redesig-
nated by subsection (bXD of this section, by striking out the 
semicolon at the end and inserting in lieu thereof a period; 
and 
(B) in subsection (h), as so redesignated, by striking out 
"; and" and inserting in lieu thereof a period.